Two weeks after each election for purposes of electing the Prime
Minister and orienting new members, at the end of January in each
year to conduct general business, and whenever the 1/5 of the
members, or a majority of those of the Republic Council deem
necessary, Parlaiment shall convene. The Council shall convene
whenever Parlaiment is convened, or whenever the Prime Minister
convenes them.
Parlaiment and the Council shall have the power to call consensus
committees on any valid topic whenever 1/3 of the members so request. However, only one consensus
committee on a given general topic may be in session at any one time.
When the Republic Council or Parlaiment considers any topic of
substantial controversy among the citizenry, as any topic dealing
with minority groups or immigration, election regulations, consumer
regulation, or any topic of legalization policy regarding drugs,
sex business, gaming, or other legalized vice, a consensus committee
must be called if any change in the law or new law is desired.
The existence of a power of Parlaiment to create a law on its own
shall in no way prejudice the ability of a consensus committee to
enact laws of similar jurisdiction.
Any 3% petition to the Board of Selectors suggesting a proper topic
for a consensus committee which proposes itself to be an initiative
call for a consensus committee shall trigger the formation of a
consensus committee on the topic.
Each Consensus Committee is to be given a specific topic not to
exceed 200 words when called, and shall find a suitable solution
which all members can abide by and which can be made into valid law. This shall constitute a "proper topic" above.
However, no Consensus Committee may review any bill already drafted
which has not already been made into law by constitutional means;
likewise, no valid law may be returned which is beyond the topic
given, though consensus committees shall have the power to suggest
such related topics to the body which originated as they believe
merit further investigation at their close. All consensus committees
may return a recommendation of no action, a proposed law or other
governmental action regardless of explicit permission in the topic.
Consensus Committees shall be composed of 3 citizens who are
affected by the issue under consideration in different ways,
3 non-affected citizens, 3 experts in different fields with
differing perspectives on the issue, one expert in the law, one
mid-level administrator of the governmental agency dealing
with or most affected by the issue, and one member of the Council
or Parlaiment (whichever body originated), who shall preside,
totaling 12.
The non-presiding members of the Consensus Committee shall be chosen by the board
of Selectors for maximum diversity of experience and expertise,
citizen members should come from both sexes and all classes and be
chosen from the general population with special preference given to
volunteers and persons who have not served before, i.e. no person
may be forced to serve when there are equally qualified volunteers
available. In any case where a minority group is or is potentially
involved, a member of that group shall be included. The selection
of consensus committees is as a whole to be unbiased as to political
views or affiliations The presiding member,
shall be the person who originated the calling of this
committee, the member of Parlaiment suggested in the initiative call for a consensus comittee, or such person having voted for the calling of the
committee that the body calling selects. Each expert member must bring a
unique perspective on the issue due to their expertise.
The final selection of all such members of Consensus Committees shall be
affirmed by the Selectors, with two of the three Selectors needed to
affirm.
The process in a consensus committee shall be as follows:
each
member will introduce themselves and speak on the topic, in the
order mentioned in section 6 (II.C6), stating how they are affected,
explaining their view of the topic, etc. and then entertaining
questions from the other members
when all members have spoken and
all questions have been answered to the satisfaction of a majority of the comittee, each member shall have the right
to present such witnesses and evidence as they deem relevant, in
the same order as of speeches, and all members shall have the right
to question all witnesses to their satisfaction or until a majority vote to end the member's questioning
after all witnesses have been called,
the members shall each present their favored governmental action,
and the alternatives shall be discussed
Optionally, another round
of witnesses may be called in support of or opposition to each or any of the various actions.
When
the committee decides that is has debated sufficiently, it shall
vote on the matter by the same process given in Chapter B section
14 (II.B14) for multi-item Concorcet votes to narrow it down to one or two
options everyone can live with, the committee shall revise those
options such that all members can agree and the committee may
come to consensus on a single option.
All Consensus Committee members shall have the power to:
call
witnesses and
with the vote of any 3 members, compel the
attendance of witnesses
collect, and present evidence and to
give
any speech or debate on the topic to aid the committee in better
understanding its topic.
The Board of Selectors shall provide
staffing to assist the committee in whatever reasonable way
requested by any three members of the committee.
The presiding member shall in the comittee during its session, and insure that all members have the
chance to speak their peace on the issue and to call any relevant
and necessary witnesses at the outset, throughout deliberations,
and again before consensus can be declared. The deliberations of
consensus committees shall be recorded and such record kept as
authoritative legislative history. The presiding member or any
two members may poll the committee at any time on any topic of
current discussion, and the result shall be noted in the record.
The deliberations and activities of Consensus Committees shall
be open for the public and press to witness except when the
committee addresses an issue of national security or the privacy
of a particular witness is necessary (though anonymous testimony
shall be recorded as text and transcripts made publicly available)
Consensus Committees shall have the power to set their own schedule
provided they meet for at least 2 and no more than 6 days each week
until consensus is found or until 8 members agree that the committee
is hopelessly deadlocked and no solution can be found.
ModifiedThe consensus comittee shall return a result when a majority of members members vote to do so.
If they return with 6 in favour, both the Council and Parlaiment must vote by a majority of the whole number to accept.
If they return with 8 in favour, they may be approved by a simple majority in each, or a 2/3 majority in one body unless the other body is against by a greater majority.
If they return with 10 or more in favour, only the body not calling the comittee need approve for the action to become law.
In the event of the death, insanity, resignation, or permanent absence of any
member, the Board of Selectors shall, with the consent of 8 of
the remaining members, appoint a replacement member of similar
background and qualification. If fewer than 8 members remain a 2/3 majority will suffice. At the end of the presiding member's
term of office, impeachment, resignation, or in any of the above
cases relating to that member, the calling body shall appoint a
member in favor of the committee to fill that position.
Before coming to consensus, the committee shall send a provisional
copy of their proposed statute to Parlaiment, which may propose
such minor amendments within the topic as they agree to within
ten days, and which shall be considered by the consensus committee,
one statement from the members of Parlaiment in favor and one from
the members opposed to each amendment shall be read for the record,
and such witnesses, evidence and speeches as the members desire
presented on the matter, and those amendments a majority of the members can agree
to adopted.
If any Consensus Comittee runs for a period of more than 5 years without result, its continuance shall be subject to a vote of Parlaiment each year thereafter, failure to take this vote will leave the comittee running.
Parlaiment and the Republic Council shall have the power to accept
or reject the result of any consensus committee called by the other
body, and the Republic Council to consider those called by petition.
If the result is rejected, the body calling the consensus committee
shall have the power to override the rejection by a 2/3 majority
vote, or a 2/3 majority vote of Parlaiment in the case of a call
by petition.
The judiciary shall have the power to interpret the laws and to
determine their consistency with this constitution and strike those
which are inconsistent.
NEWOn request of 1/3 of parlaiment, or of the Prime Minister with support of either the cabinet or Counsel, the Supreme Court may issue an advisory decision regarding interpretation of any provision of this constitution as regards any specific provision of existing law, consensus comittee debate, or pending legislation. If the issue relates to Articles I or IV, or to Article II, Chapter B; the court must issue a response and shall do so within 6 months.
A majority of Parlaiment shall have the power to affirm the force
of law of any decision of the Supreme Court. However, no change in
law overruling a Supreme Court interpretation of previous law may be made without a
3/5 majority vote of Parlaiment. This power shall not extend to the
interpretation of this constitution by the courts, nor to the common
law, nor shall any interpretation already given force of law by
Parlaiment be denied it later without the approval of 2/3 of the
Council. All interpretations shall be law unless explicitly denied.
When dealing with a constitutional authority, it may affirm any
decision by the Supreme Court by a 2/3 majority, or deny it by the
process given in Article V, Chapter A, Section 7 (V.A7)
The Council shall have the power by unanimous consent to issue statements of policy
as regards any valid existing law which, if
in accord with all laws and constitutional, shall be binding on
those administrations mentioned in the statements. A statement
of policy may be retracted by a 2/3 majority of all members. Statements of policy may be overriden by the passage of an ordinary law.
During the recess of the Council, and at such other times they may,
by a statement of policy, deem fit, the Prime Minister shall manage
the ministers, enforce all issued policies, and provide day-to-day
oversight of the administrations, but shall not have any power of
the Council as regards them.
Parlaiment shall have the power to reconsider existing laws at
regular intervals and to remove through the consensus committee
process or by a 2/3 majority vote, or a majority at the request
of the council, or to make subject to a sunset provision (by a
majority vote) any law, subject to the approval of the Council.
The Council shall have the power to force Parlaiment to reconsider
existing laws by a majority vote, and to strike the affirmation or
denial of judicial interpretation, with the exception of a striking
of a constitutional interpretation, by a 3/4 majority vote or a 2/3
majority vote on the advice of a majority of the cabinet.
