NationStates Jolt Archive


New Laws Passed by the Imperial Senate without veto

Intracircumcordei
25-09-2007, 17:37
Affirmation of New Measures within the Imperial Government of ICCD. The following items of relevance have been passed: New Cloture Procedure, New Rules Pertaining to Citizenship, Death and Assets, Honourary Titles.



Universal Cloture
Requires passing majority. The Mediator of the legislature in question may determine when cloture is reasonable, or on order of the executive in charge when there is a state of emergency declared.
The Executive may direct debate in the legislature during a time of emergency for discusion pertaining to the emergency state, rather than other house business, thus tabling other business, until the emergency has passed or discusion on the issues has been satisfied to the executive. The legislature may hold seperate sessions, and invest legislative powers to a emergency comitte or a number of comittees so as to enable both discusion on both fronts, but individuals to the committe must per representative of all members of the legislature and hold their vote in proxy for the committe. Those without proxy must attend for voting rights, if not prearranging voting Each issue has a base time alloted to it. Without a majority vote to extend the issue at default the following rules apply


* 24 hour periods at default the maximum unless extended for any issue or bill raised. For initial debate
* 1 hour speaking time only until cloture or extention vote proposed.
* Amendments to bills must be relevant to issue with reason given as to relevance
* The presiding officer controls the debate (acts as dictator during emergencies, on advice of the emegency comittees, but senators speaking rights are no effected, but speaking senators may be questioned by the presiding officer, as to relvence.If the presiding officer does not feel it is relevant they may propose a cloture vote. Also if time has expired, then cloture at default occurs unless a vote to extend discussion is passed on majority.

Noted though that a presiding officer who invokes cloture as per speaking rights of an individual prior to the default time allowance, in addition to the cloture vote, a motion to remove the presiding officer may be passed on a failed cloture vote. Nomination and a vote on the replacement
presiding officer then occurs.

Where a oration is beleived to be more than 1 hour per member, it is advised that text form documentation or report and summary is predistributed, for individual reading or disimination by memebers consultation and advisors and other staff. Speaking time is divided equally from those who require more than equal share from those taking less time. But order of speaking is granted on order of petition to the presiding officer or the office of the presiding officer. While individuals may speak over their time as soon as time is overtaken the presiding officer may vote to put on hold the person speaking, until other petitioned persons present their issues.


Where a death sentence or exile has been appealed to the level of the Emperor's court and is not commuted or agreed to, the appeal may be further put to a vote of the Seym, and where the Seym upholds the Emperor's Court's decision then it may be raised to the the Chancellory. If either the Seym or Chancellory cancle the ruling of the courts, the motion is passed back to the Judicial Council, and a vote of rehearing. To gather or raise points of information and deliberate futher.

However, no ruling after the point of canclation by the Seym or Chancellory is binding unless agreed by all parties. The Appeal can be raised by anyone involved in the process. Neither the Seym nor the Chancellory may impose alternative sentences, rather agree or disagree with the ruling.




Dian citizenship expansion of citizenship to communities outside Proscription Powers enabled to the Imperial Senate for all of ICCD or by the Legislature of the Provincia for that provincia. Proscription is an extrajudicial political process, not the same as exile imposed during court hearing. All individuals proscribed must be agreed to by the Emperor, or in the Provincii by the Rex. All proscription are appealable to the Chancellory.

ipso facto strips citizenship but legal rights of foreign and non state individuals still exists.

A ban or warrant are seperate "judicial" processes that can be passed to the courts. These additional measures require the Judicial Lords of the area or Judicial Councils to agree to the extended ban. Citizenship removals are only Imperial Citizenship or Provincial Citizenship (permanent residency rights). It is not legally allowed to strip Dian Citizenship. Thus constitutional rights may not be removed, only rights that are granted via Imperial or Provincial Legislation. - Dian constitutional rights are only removable at death. In case of a warrant reward may be listed. In case of ban the indivudal is additional exiled in addition to loosing their citizenship. In instance of siezure all property is siezed by the province or empire.

Those proscribed with death warrantmust be identifiable by bodily remains to be stricken from the warrant of death. Where proscribed individuals have multiple citizenships the Empire maintains the right of other nations for repatriation of the remains after they have been positively identified.


It shall not be legal for the Empire or it's agents to pass a premediated death sentence on anyone extrajudiciaally, except in times of executive emergency, that equal to immediate emergency of safety of person or state, where not a legitimate legal act. All such deaths not legally warranted by writ must be brought before the courts. No specific immunity exists and must be judged on a case by case basis, with regular motions of appeals, with initial instance in the court of jurisdiction where the event occured.

All assets of executed individuals shall be passed normally to the individuals or bodies stated in the will of the estate of that person. Only in the event of no will existing shall the assets be reverted to the Imperial Tresury, with localities having originating instance of the assets able to petition the tresury for sharage. Family as well as creditors may also petition the state executor, that being the same as in instance of non executed deceased.

In the event that the individual so executed is a foreign resident but has holdings or assets within a Dian proper jurisdiction those assets may be claimed by the Empire unless there is a third party claim. Funds in accounts of the Central Dian Bank, revert to the state, while funds in third party financial insitutions must be reverted to the state if the state files a notice of death.

Where investments or other accounts are not redeamable on instance of request then the investment shall have continuance until the end of the investment term. Likewise where assets are leased or lent to third parties any prior legal contracts shall be obliged if without extenuating circumstances which render the previous agreement null by illegality or imposibility. Under no circumstances is the state liable for third party claims which exceed the assets of the deceased.

Where assets of a Dian Citizen exist outside of ICCD, rights of Kinship at default rest with the state where no other kin is so named to inherit the assets out of state.
Any company which does not aknowledge this right of the Dian State is prohibited from doing business in ICCD. Any government which does not aknowledge the right of repatriation of assets is prohibited from trading with ICCD. All such repatriation of assets will be conducted to normal laws of the jurisdictions in effect on a personal basis, that is any levies or tarrifs, etc.. will be honoured. So to though does the state hold the right to manage said assets as defaultive executor, based on imperial law, that is inherent contract that at default rests the state as executor of estates should one not be named via estate will or other contract.

*backed taxes are also only honoured by the state to the extent of the assets available.




Honorarium

The Imperial Senate may at the death of an individual may deify. This being the highest honour, for momentus and great individuals who have aided the Empire and have left a lasting mark. This individual is forever seen as a symbol of state, an icon.


The Imperial Senate during the Life of Someone grant someone the title of Saint/ Sanctus. This is granted for individuals who during their lifetime have preformed on more than one occassion to the saving of the Empire or doing great deeds for the empire. This person likely already has a number of awards and medals, and/or titles. It is the highest honour of the Empire during life, and this person is seen as a paragon of imperial history and someone who helped protect or make better the empire in some noticable way.