On Speaker decree

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Vilhelm Benkern
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On Speaker decree

Post by Vilhelm Benkern »

Is this necessary, or legal? According to the constitution, Parliament elects the Speaker, no mention of Lord Protector's confirmation or appointment.
Vilhelm Benkern DEOMI, Member of the Order of the Dragon, Silver Swan, Red Dragon
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In Aryasht Prapta Vrteti, former Prince of Aryasht; Zaila Vrteti, Norfolknath
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Verion
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Re: On Speaker decree

Post by Verion »

I assumed it as a sort of Law. Though the constitution does not state this explicitly.
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Richard Amherst
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Re: On Speaker decree

Post by Richard Amherst »

The Lord Protector does not have a role in the choice of the Speaker, or determining the internal operation of Parliament. A decree is a form of provisional law, which can be invalidated by Parliament by lack of confirmation within 30 days; this is for legislation that needs to be put in place quickly if Parliament is unable or unwilling to. However, it is not meant for appointments, per se, which would be a different sort of document, and the decree must have the final say of Parliament regardless. However, the Speakership is not an appointment to be made by the Lord Protector or any member of the executive branch, but an internal matter for Parliament which becomes effective immediately. Indeed, the Instrument of Government explicitly states that if there is no Speaker, the longest-serving Member of Parliament would serve as the presiding officer until a new Speaker is elected; in theory, this would have been Lord Rivers, who is a Member of Parliament ex officio due to his being a peer of the Commonwealth. However, the Speaker does not need confirmation by the Lord Protector either constitutionally or, if we are Victorian, traditionally (as the House of Commons elected their Speaker independent from the Crown as early as the 13th Century).
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Verion
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Re: On Speaker decree

Post by Verion »

I am convinced. :p
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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Vilhelm Benkern
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Re: On Speaker decree

Post by Vilhelm Benkern »

I agree with the assessment of Mr. Amherst of our legal and constitutional situation, but I would point out semi-off-topic that the history of the Speaker of the House of Commons is not so clear cut as that. At certain points and under certain Kings, the Speaker has been de facto, though not de jure, a royal appointment. During the reign of Elizabeth I, for example, Edward Coke simultaneously held the posts of Solicitor-General and Speaker (the latter an appointment confirmed by the Privy Council), and was very much an officer of the crown, being held responsible for bills on the floor that went against the royal government's wishes. The cursus honorum of government legal officer, speaker and senior judge was well trod at that time.

From this we should draw the lesson that while the Speaker may be in law independent, he may yet be in fact influenced by the government, and in light of that it is especially important that there is no scent of Lord Protector's patronage associated with the office.
Vilhelm Benkern DEOMI, Member of the Order of the Dragon, Silver Swan, Red Dragon
Dirigent of Musica, Count of Mar Sara
In Aryasht Prapta Vrteti, former Prince of Aryasht; Zaila Vrteti, Norfolknath
In Elwynn Benjamin Sebasokrator Timothy Quentin Kern, Duke of Raikoth
In Khalypsil Representative of the Wisdom

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Richard Amherst
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Re: On Speaker decree

Post by Richard Amherst »

That is a fair point, as there was royal interference with the Speakership even when the Speaker was just the Prolocutor; my zeal in ensuring the independence of the Speaker overrode some of the more complicated aspects of parliamentary-royal relations. Indeed, as the document was drafted, I tried to ensure that the Speaker was not prohibited from holding other offices of state, but rather that his appointment remained the prerogative of Parliament alone, so as to entrench the idea of parliamentary supremacy while not depriving the Government of another body due to manpower shortages, and in accordance with historical precedent (cases like Coke and even Sir Thomas More, an official in the Exchequer and elected as Speaker on recommendation of Cardinal Wolsey; I think we forget how much of a lackey the saint was... :wink: ). But I would agree with Mr. Eastward-Hart's analysis and his premise that the Speakership must not ever have the air of patronage, but rather be the first servant of Parliament.
Last edited by Richard Amherst on Mon Dec 02, 2013 8:45 pm, edited 1 time in total.
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Verion
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Re: On Speaker decree

Post by Verion »

Mr. Amhearst was right about the fact that this shouldn't be a decree of course.
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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Re: On Speaker decree

Post by Ri Mhor »

i concur with his royal highness, that is the royal protector, that there neednt be no decree, and i fully support the royal power. the speaker will become a powerful office second to his royal highness in due time because he carries the voice of the people. these things being said i much prefer the knights of the round table for administration and the guillotine for an executive branch.

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