|
| how we can elect a President in a constitutional | Mr. Furxheir, R.M.W. | January 13, 2005 - 06:58 | | D. N. Vercáriâ | January 13, 2005 - 12:25 |
|
Parent message | | Mr. Furxheir, R.M.W. | January 13, 2005 - 06:58 |
| RE: how we can elect a President in a constitutional(#987), posted by D. N. Vercáriâ, [IP Hidden], January 13, 2005 - 12:25. Viewed 375 times. |
|
D. N. Vercáriâ
Group: citizens
(4498 posts total)
(last post: March 15, 2008 - 16:51)
Citizen #20:
Martí- Paìr Furxhéir | >
> > Contrâ, instead. Unless someone quickly explains to me how we can elect a President in a constitutional way during the refendum on the Constition, as proposed in section 2.
>
>
> A consitution defines what is constitutional or not.
>
> If a LAW said that we can elect the president during the referendum, I am not sure it would be constitutional.
>
> But since the constitution specifies it, it is by definition, constitutional.
Before the end of the referendum the constitution is possibly only a proposed constitution.
- D. N. Vercáriâ |
|
| | Mr. Furxheir, R.M.W. | January 13, 2005 - 13:12 |
|
Parent message | | D. N. Vercáriâ | January 13, 2005 - 12:25 |
| RE: how we can elect a President in a constitutional(#988), posted by Mr. Furxheir, R.M.W., [IP Hidden], January 13, 2005 - 13:12. Viewed 413 times. |
|
Mr. Furxheir, R.M.W.
Group: admins
(1791 posts total)
(last post: November 24, 2007 - 15:07)
Citizen #20:
Martí- Paìr Furxhéir | > >
> > > Contrâ, instead. Unless someone quickly explains to me how we can elect a President in a constitutional way during the refendum on the Constition, as proposed in section 2.
> >
> >
> > A consitution defines what is constitutional or not.
> >
> > If a LAW said that we can elect the president during the referendum, I am not sure it would be constitutional.
> >
> > But since the constitution specifies it, it is by definition, constitutional.
>
> Before the end of the referendum the constitution is possibly only a proposed constitution.
>
Yes, but the rules of the election are not even defined by the constitution ! The only thing the constitution specify is that an election is needed.
Not the method it is conducted...
France singing review, according to RBO ( listen to it here):
j'ai p't-être pas inventé, le bouton à quatre trou,
mais quand il est tombé, c'est moi qui le recoud.
Oh hé, (oh hé ) j'suis comme le camembert
Hé Oh, ( hé od ) j'm'étend moi bien qu'j'en ai l'air |
|
| | D. N. Vercáriâ | January 13, 2005 - 13:45 |
|
Parent message | | Mr. Furxheir, R.M.W. | January 13, 2005 - 13:12 |
| RE: I don't know...(#989), posted by D. N. Vercáriâ, [IP Hidden], January 13, 2005 - 13:45. Viewed 370 times. |
|
D. N. Vercáriâ
Group: citizens
(4498 posts total)
(last post: March 15, 2008 - 16:51)
Citizen #20:
Martí- Paìr Furxhéir | > > >
> > > > Contrâ, instead. Unless someone quickly explains to me how we can elect a President in a constitutional way during the refendum on the Constition, as proposed in section 2.
> > >
> > >
> > > A consitution defines what is constitutional or not.
> > >
> > > If a LAW said that we can elect the president during the referendum, I am not sure it would be constitutional.
> > >
> > > But since the constitution specifies it, it is by definition, constitutional.
> >
> > Before the end of the referendum the constitution is possibly only a proposed constitution.
> >
>
> Yes, but the rules of the election are not even defined by the constitution ! The only thing the constitution specify is that an election is needed.
>
> Not the method it is conducted...
I don't know if it helps to look at Art. VIII, Sec. 5 of the Provisional Constitution which states that the Prov. Constitution is abolished upon the ratification of the new constitution. So all procedures before the ratification should follow the provisions of the Provisional Constitution (that is, including procedures of the referendum).
IMHO, the Appendix of the new constitution regarding the procedure of adopting the new constitution can only fill "constitutional gaps" that open in the very moment when the Provisional Constitution becomes history (and thus all provisional bodies of the Republic cease to exist).
- D. N. Vercáriâ |
|
| | Mr. Furxheir, R.M.W. | January 13, 2005 - 14:32 |
|
Parent message | | D. N. Vercáriâ | January 13, 2005 - 13:45 |
| RE: I don't know...(#990), posted by Mr. Furxheir, R.M.W., [IP Hidden], January 13, 2005 - 14:32. Viewed 396 times. |
|
Mr. Furxheir, R.M.W.
Group: admins
(1791 posts total)
(last post: November 24, 2007 - 15:07)
Citizen #20:
Martí- Paìr Furxhéir |
> I don't know if it helps to look at Art. VIII, Sec. 5 of the Provisional Constitution which states that the Prov. Constitution is abolished upon the ratification of the new constitution. So all procedures before the ratification should follow the provisions of the Provisional Constitution (that is, including procedures of the referendum).
No it doesn't because the rules regarding the elections are not in the provinsional constitution, but are rather a simple law ( it isn't even a law yet, it is a rule, but that isn't the point ).
And, the constitution stipulates :
"Until they are overriden, repealed, or found to violate the new constitution, all laws passed by the Provisional Governing Council shall remain in place."
As such, the ONLY thing repealed by Art. VIII, Sec. 5, is the actual provisional constitution, NOT the laws passed under it.
>
> IMHO, the Appendix of the new constitution regarding the procedure of adopting the new constitution can only fill "constitutional gaps" that open in the very moment when the Provisional Constitution becomes history (and thus all provisional bodies of the Republic cease to exist).
Yes, provisional bodies cease to exist, but not the laws of the PGC...
Only the bodies that pass them.
France singing review, according to RBO ( listen to it here):
j'ai p't-être pas inventé, le bouton à quatre trou,
mais quand il est tombé, c'est moi qui le recoud.
Oh hé, (oh hé ) j'suis comme le camembert
Hé Oh, ( hé od ) j'm'étend moi bien qu'j'en ai l'air |
|
|
|
