[Bill] Amendment to Chapter 1 of the Lawbook

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Fjorleif
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[Bill] Amendment to Chapter 1 of the Lawbook

Post by Fjorleif »

My Lords and Ladies,

Please see attached herewith a Bill of mine to update and improve Chapter 1 of the Lawbook.

The Bill brings Chapter 1 of the Lawbook in accordance with the present Charter by removing obsolete legal terms, providing for the affixation of Landsraad decisions to veto Imperial Decrees to the Lawbook, and clarifying that the term Imperial Decree includes decrees issued by the Steward or the Landsraad regnant. It also clarifies for the purposes of the Lawbook the components of Federal Law and provides them with terms.
AN ACT
To amend Chapter 1 of the Lawbook.


BE IT ENACTED by the authority of the Landsraad of the Imperial Republic of Shireroth here in the Palace of Zirandorthel assembled:

1. That the first chapter of the Lawbook is amended to read as in the Schedule to this Bill.

2. That this Bill shall have immediate effect upon passage in accordance with this Landsraad's Rules of Procedure.

SCHEDULE
Chapter 1: On the Lawbook

Section A: Contents and Affixations

1. This Book is the Lawbook. All laws made by the Landsraad shall be recorded in full in this Book.

2. All Treaties ratified by the Landsraad shall be affixed to this Book.

3. Decisions of the Landsraad to levy tax shall be affixed to this Book.

4. Decisions of the Landsraad to repeal or veto an Imperial Decree shall be affixed to this book.

5. Legislative agreements between the Landsraad and the Kaiser shall be affixed to this book.

6. For the purposes of this Section, "Imperial Decree" shall include decrees made by a Steward or Landsraad regnant.

Section B: Terms for Federal Legislation

1. A law made by the Landsraad shall, for the purposes of this Book, be referred to as an Act of Landsraad or as a Landsraad Law.

2. A law decreed by the Kaiser shall, for the purposes of this Book, be referred to as a Kaiseral Law.

3. The term Imperial Law shall, for the purposes of this Book, refer to laws made by the Landsraad as well as laws decreed by the Kaiser.

4. For the purposes of this Section, "Kaiser" shall include the Steward and the Landsraad regnant.
Fjǫrleif Llængjarla of the Houses of Ayreon-Kalirion and of the Descendants of Freyja
High Priestess of the Mackerel Temple
Princess of Elwynn
Princess of Anun
Countess of Northshire, of Arietta, and of the Lady Esther Isles

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Fjorleif
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Re: [Bill] Amendment to Chapter 1 of the Lawbook

Post by Fjorleif »

My Lords and Ladies,

Before us we have a Bill to amend Chapter 1 of the Lawbook of the Imperial Republic of Shireroth, which has been submitted by myself. Debate on the Bill aforesaid shall be open for at least 24 hours from the initial submission.
Fjǫrleif Llængjarla of the Houses of Ayreon-Kalirion and of the Descendants of Freyja
High Priestess of the Mackerel Temple
Princess of Elwynn
Princess of Anun
Countess of Northshire, of Arietta, and of the Lady Esther Isles

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Verion
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Re: [Bill] Amendment to Chapter 1 of the Lawbook

Post by Verion »

Lady Praetor, I have three remarks.

1.) Although it is true that the Landsraad rules the Imperial Republic when the previous Kaiser has not appointed an heir, that does not mean that the Imperial powers are subsequently transfered to the Landsraad. The Landsraad always holds the same powers and simply rules in lieu of a Kaiser, as such, it will never have the power to decree.

2.) I do not understand why the decision by the Landsraad to levy taxes need to be pointed out specifically. I assume the Landsraad can only levy tax through a bill, and these bills are already part of the Lawbook.

3.) Isn't it a bit strange to have both "Imperial Law" and "Kaiseral Law" to refer to an Imperial decree? Wouldn't the phrase "Kaiseral Law" be superfluous? I also believe that "Kaiseral Law" has not been an official term used in our law.
1.Titus Morvayne, Prefect of Shirekeep, Count of the Skyla Islands
2.Eki Aholibamah Verion, Queen in the North
3. Ludovic Verion, Lord of Blackstone and Governor-General of the Iron Company
4. Jeremy Harwinsson Archer, super sleuth

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Fjorleif
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Re: [Bill] Amendment to Chapter 1 of the Lawbook

Post by Fjorleif »

My Lords and Ladies,

I thank the Lord Verion for his remarks, and here is my resonse.
Verion wrote: 1.) Although it is true that the Landsraad rules the Imperial Republic when the previous Kaiser has not appointed an heir, that does not mean that the Imperial powers are subsequently transfered to the Landsraad. The Landsraad always holds the same powers and simply rules in lieu of a Kaiser, as such, it will never have the power to decree.
7. In the event of the unannounced absence of the Kaiser for a period exceeding 7 ASC units, the Steward shall, subject to this Charter, be free to exercise all the powers of the Kaiser. Should there be no Steward, the Prætor shall conduct the government with zie having the same powers as a Steward until the Landsraad has elected a Steward. The aforesaid period of Stewardship shall end upon the Kaiser announcing zir return or another Kaiser taking the Throne in accordance with this Charter. Any other period of Stewardship shall commence and end in accordance with Federal Law.
Landsraad regnant is also the fancy legal term for the Prætor conducting the government under the seventh clause of Section C of Article II of the Charter of the Imperial Republic of Shireroth. In such instance the Prætor may issue Imperial Decrees. The term of Landsraad regnant is already being used concerning matters regarding Imperial Decrees in the Chapters 4 and 6 of the Lawbook.
Verion wrote:2.) I do not understand why the decision by the Landsraad to levy taxes need to be pointed out specifically. I assume the Landsraad can only levy tax through a bill, and these bills are already part of the Lawbook.
That provision is already in the current Chapter 1 of the Lawbook and I have always intepreted that provision as that any Tax Code(s) will be affixed to the Lawbook just like the Martial Code of Shireroth is affixed to the Lawbook.
Verion wrote:3.) Isn't it a bit strange to have both "Imperial Law" and "Kaiseral Law" to refer to an Imperial decree? Wouldn't the phrase "Kaiseral Law" be superfluous? I also believe that "Kaiseral Law" has not been an official term used in our law.
The term "Imperial Law" includes all Federal Legislation irrespective of which of the Federal Legislators, the Kaiser or the Landraad, has enacted that legislation.

The term "Kaiseral Law" refers to Imperial Decrees issued to establish Federal Law. Imperial Decrees, however, are also used to exercise the executive power of the Imperial Republic of Shireroth and to differentiate for the sake of greater legal certainty between legislative and executive use the term Kaiseral Law is introduced by this Bill. The adjective "Kaiseral" is already in use in the both the Charter and the Lawbook.
Fjǫrleif Llængjarla of the Houses of Ayreon-Kalirion and of the Descendants of Freyja
High Priestess of the Mackerel Temple
Princess of Elwynn
Princess of Anun
Countess of Northshire, of Arietta, and of the Lady Esther Isles

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Verion
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Re: [Bill] Amendment to Chapter 1 of the Lawbook

Post by Verion »

Fjorleif wrote: Landsraad regnant is also the fancy legal term for the Prætor conducting the government under the seventh clause of Section C of Article II of the Charter of the Imperial Republic of Shireroth. In such instance the Prætor may issue Imperial Decrees. The term of Landsraad regnant is already being used concerning matters regarding Imperial Decrees in the Chapters 4 and 6 of the Lawbook.
The Landsraad rule in case of the passing of a Kaiser without heir is something different from the Praetor taking the position of the Steward. So, using the term "Landsraad Regnant" would be utterly confusing because it can refer to two very different circumstances. In the case of a Ruling Praetor, the Landsraad itself has no power, but the Praetor takes the position of Ruling Steward.

It appears that this phrasing has passed into several Laws already, in my absence. I recommend that this be ammended in the future.
That provision is already in the current Chapter 1 of the Lawbook and I have always intepreted that provision as that any Tax Code(s) will be affixed to the Lawbook just like the Martial Code of Shireroth is affixed to the Lawbook.
That is because taxes were generally levied by the Minister of Trade (Now Office of Bounties and Factorage), not by the Landsraad. In that case, it is similar to the Martial Code, that is updated by the Minister of Military Affairs. So the only problematic part is the role of the Landsraad. In our system, the Landsraad technically also has the power to levy taxes, but through an ordinary bill. So simply amending it to
3. Decisions of the Comes Sacrarum Largitionum to levy tax shall be affixed to this Book.
would solve this.
The term "Kaiseral Law" refers to Imperial Decrees issued to establish Federal Law. Imperial Decrees, however, are also used to exercise the executive power of the Imperial Republic of Shireroth and to differentiate for the sake of greater legal certainty between legislative and executive use the term Kaiseral Law is introduced by this Bill. The adjective "Kaiseral" is already in use in the both the Charter and the Lawbook.
The term seems to be introduced during Kaiser Hjalborn's term. So it seems legally consistent. I leave this for now.
Last edited by Verion on Sun Dec 04, 2016 9:27 pm, edited 2 times in total.
1.Titus Morvayne, Prefect of Shirekeep, Count of the Skyla Islands
2.Eki Aholibamah Verion, Queen in the North
3. Ludovic Verion, Lord of Blackstone and Governor-General of the Iron Company
4. Jeremy Harwinsson Archer, super sleuth

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Adam
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Re: [Bill] Amendment to Chapter 1 of the Lawbook

Post by Adam »

Lady Prætor

I, too, am confused with the term "Landsraad regnant". I believe that we should in our legislation refer to the terms as they are written in the Charter, or terms that are in their very form so similar to the Charter's language that no confusion is likely. The bill before us makes confusion likely. I understand that the term "Landsraad regnant" has been used in legislation before, without definition, and if I had been available then, I would have objected to it then. I must propose that we in an overhaul of the Lawbook ensure that terms are as consistent with the Charter as possible.


Lady Prætor,

I am also concerned with your role here. Without any disrespect to you – you are after all my sister, and as family I would die for you if needs be – there is a concern of a politicization of your role. As presiding officer, it is your duty to uphold order, and ensure stability and objectivity in running the Landsraad. Now, as you are proposer, debater and the keeper of order, we are in a conundrum. The roles are not separate, and the objectivity may be placed in doubt. I would recommend, my Lady, that you for the purposes of this debate, order your deputy to preside over it, so that you may more freely engage in the debate here.
Adam Anushiruwân

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Verion
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Re: [Bill] Amendment to Chapter 1 of the Lawbook

Post by Verion »

If the Lady Praetor is not going to respond to these remarks, we might as well vote (Nay).

I move to vote.
1.Titus Morvayne, Prefect of Shirekeep, Count of the Skyla Islands
2.Eki Aholibamah Verion, Queen in the North
3. Ludovic Verion, Lord of Blackstone and Governor-General of the Iron Company
4. Jeremy Harwinsson Archer, super sleuth

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Kaiser Dominus
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Re: [Bill] Amendment to Chapter 1 of the Lawbook

Post by Kaiser Dominus »

I second that motion.

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Re: [Bill] Amendment to Chapter 1 of the Lawbook

Post by Fjorleif »

Adam wrote:Lady Prætor,

I am also concerned with your role here. Without any disrespect to you – you are after all my sister, and as family I would die for you if needs be – there is a concern of a politicization of your role. As presiding officer, it is your duty to uphold order, and ensure stability and objectivity in running the Landsraad. Now, as you are proposer, debater and the keeper of order, we are in a conundrum. The roles are not separate, and the objectivity may be placed in doubt. I would recommend, my Lady, that you for the purposes of this debate, order your deputy to preside over it, so that you may more freely engage in the debate here.
My Lords and Ladies,

I'm in the process of consulting the Deputy Prætor concerning this matter.
Fjǫrleif Llængjarla of the Houses of Ayreon-Kalirion and of the Descendants of Freyja
High Priestess of the Mackerel Temple
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Princess of Anun
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Re: [Bill] Amendment to Chapter 1 of the Lawbook

Post by Kaiser Dominus »

Lady Prætor,

Out of interest - who is the Deputy Prætor at this present moment? The last office holder I can find reference of was the Count of Mar Sara.

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Fjorleif
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Re: [Bill] Amendment to Chapter 1 of the Lawbook

Post by Fjorleif »

My Lords and Ladies,

The Count of Mar sara is indeed my Deputy Prætor.
Fjǫrleif Llængjarla of the Houses of Ayreon-Kalirion and of the Descendants of Freyja
High Priestess of the Mackerel Temple
Princess of Elwynn
Princess of Anun
Countess of Northshire, of Arietta, and of the Lady Esther Isles

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Re: [Bill] Amendment to Chapter 1 of the Lawbook

Post by Malliki Nakita Nur Pinito »

Lady Prætor

May I enquire as to the process of the rewrite of this matter? If no development has occured, may I call on you to withdraw this amendment, so that we may clean up the Landsraad docket.
Malliki Nakita Nur Pinito, Viscount Myn
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Fjorleif
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Re: [Bill] Amendment to Chapter 1 of the Lawbook

Post by Fjorleif »

Image


My Lords and Ladies,

The Bill to amend Chapter 1 of the Lawbook of the Imperial Republic of Shireroth is hereby withdrawn.
Fjǫrleif Llængjarla of the Houses of Ayreon-Kalirion and of the Descendants of Freyja
High Priestess of the Mackerel Temple
Princess of Elwynn
Princess of Anun
Countess of Northshire, of Arietta, and of the Lady Esther Isles

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