End
Owner
Owner
Justice
Court Clerk
Construction & Transport Department
Supporter
President
Order of Redmont
Trifecta
xEndeavour
justice
- Joined
- Apr 7, 2020
- Messages
- 2,259
- Thread Author
- #1
A
BILL
To
The amend the constitution with respect to removing the right to recall
The people of Democracy Craft, through their elected Representatives in the Congress and the force of law ordained to that Congress by the people through the constitution, do hereby enact the following provisions into law:
1 - Short Title and Enactment
(1) This Act may be cited as the “Recall Removal Act”.
(2) This Act shall be enacted immediately.
2 - Reasons
(1) Recalls have never passed and have been used as a political point scoring tool that only serves the purpose of stirring negative, toxic attention.
(2) The ability for Representatives and Senators to remove their fellow colleagues from Congress, as well as the right to recall, is fundamentally undemocratic in relation to the electoral process we have established and defined in our constitution. The democratic values of this nation - with exception to unavoidable issues of server nature such as inactivity - are undermined by a process whereby the majority is able to coerce Representatives and Senators from office. Proportional representation is at the mercy of the majority. The representation of the minority is at the whim of the majority of the day.
(3) The motion of removal, contained within the electoral process, enables the majority's ability to coerce the proportionally elected from office. The interpretation of the Constitution that "The right to vote a Government official out of his or her office" establishes a justification for the right to recall is improper. The right to recall is a dangerous mechanism that is an enabler to majority dominance in the institution that is designed to represent many opinions and perspectives. The ability to vote a Government official out of his or her office is contained within the electoral process.
e.g. A Representative is elected with 5 votes. Perhaps they aren't the most popular representative, but they were still elected to represent the views and perspectives of 5 constituents. Provided the votes of one of those constituents can be influenced, the Representative can be recalled and removed from office, therefore providing no representation to the remaining 4 constituents who elected them through proportional representation during the election. This then becomes an issue of majority dominance, whereby the Speaker and or majority party in power may influence their replacement.
(4) The constitution is clear in it's intent to ensure proportional voting - a system that prioritises diversity over popularity. The amendment that was made to the Constitution that allows for the Right of Recall is based on popularity. Ultimately, the Right of Recall is fundamentally against the principles of the electoral system.
3 - Recall Constitutional Amendment Act Rescinded
The Bill will be rescinded in it's entirety.
4 - Rights and Freedoms
III. The right to vote a Government official out of his or her office.
5 - Legislative Standards Act
Subsection a will change to subsection b:
a. (8) Motion of Removal
a. The Congress can remove a fellow member of the Congress through a unanimous vote (excluding the representative in question). Congress should however only exercise this power where the circumstances are appropriate (e.g. the representative has been censured several times).
b. (8) Motion of Removal
a. The Congress can remove a fellow member of the Congress through a unanimous vote (excluding the representative in question). Congress should however only exercise this power where the circumstances are of a server nature (e.g. the representative is inactive).
BILL
To
The amend the constitution with respect to removing the right to recall
The people of Democracy Craft, through their elected Representatives in the Congress and the force of law ordained to that Congress by the people through the constitution, do hereby enact the following provisions into law:
1 - Short Title and Enactment
(1) This Act may be cited as the “Recall Removal Act”.
(2) This Act shall be enacted immediately.
2 - Reasons
(1) Recalls have never passed and have been used as a political point scoring tool that only serves the purpose of stirring negative, toxic attention.
(2) The ability for Representatives and Senators to remove their fellow colleagues from Congress, as well as the right to recall, is fundamentally undemocratic in relation to the electoral process we have established and defined in our constitution. The democratic values of this nation - with exception to unavoidable issues of server nature such as inactivity - are undermined by a process whereby the majority is able to coerce Representatives and Senators from office. Proportional representation is at the mercy of the majority. The representation of the minority is at the whim of the majority of the day.
(3) The motion of removal, contained within the electoral process, enables the majority's ability to coerce the proportionally elected from office. The interpretation of the Constitution that "The right to vote a Government official out of his or her office" establishes a justification for the right to recall is improper. The right to recall is a dangerous mechanism that is an enabler to majority dominance in the institution that is designed to represent many opinions and perspectives. The ability to vote a Government official out of his or her office is contained within the electoral process.
e.g. A Representative is elected with 5 votes. Perhaps they aren't the most popular representative, but they were still elected to represent the views and perspectives of 5 constituents. Provided the votes of one of those constituents can be influenced, the Representative can be recalled and removed from office, therefore providing no representation to the remaining 4 constituents who elected them through proportional representation during the election. This then becomes an issue of majority dominance, whereby the Speaker and or majority party in power may influence their replacement.
(4) The constitution is clear in it's intent to ensure proportional voting - a system that prioritises diversity over popularity. The amendment that was made to the Constitution that allows for the Right of Recall is based on popularity. Ultimately, the Right of Recall is fundamentally against the principles of the electoral system.
3 - Recall Constitutional Amendment Act Rescinded
The Bill will be rescinded in it's entirety.
4 - Rights and Freedoms
III. The right to vote a Government official out of his or her office.
5 - Legislative Standards Act
Subsection a will change to subsection b:
a. (8) Motion of Removal
a. The Congress can remove a fellow member of the Congress through a unanimous vote (excluding the representative in question). Congress should however only exercise this power where the circumstances are appropriate (e.g. the representative has been censured several times).
b. (8) Motion of Removal
a. The Congress can remove a fellow member of the Congress through a unanimous vote (excluding the representative in question). Congress should however only exercise this power where the circumstances are of a server nature (e.g. the representative is inactive).
Last edited: