B-020: Constitutional Protection Act

[Speaker Rejo]

Constitutional Protection Act
An Act to provide to amend the Constitution of the Republic of Alduria to ensure the protection of Constitutional Liberties

BE IT ENACTED by the duly elected Parliament of the Republic of Alduria assembled, 

ARTICLE 1: CITATION

This Act shall be cited for all purposes as the Constitutional Protection Act.

ARTICLE 2: CONSTITUTIONAL AMENDMENT

Article 85 of Title X of the Constitution is amended to read:
 

 

• Article 85. The right to propose amendments to the Constitution belongs concurrently to the President of the Republic and to members of Parliament. The amending project or proposal must be passed by Parliament first by a 2/3rds majority of those present and voting. The amendment becomes effective only when it has been approved by Parliament and then signed by the President. The amendment procedure may not be initiated or pursued when the integrity of the territory is under attack. The Republican form of government is not subject to revision.
  

 

ARTICLE 3: COMMENCEMENT

In accordance with Title X, Article 85, these amendments shall come into immediate force upon the signature of the President of the Republic after its Constitutional passage by Parliament.  

Parliament will now come to order to consider this bill, presented by the Prime Minister on behalf of the Government. 

The Chair now recognizes The Prime Minister.

[Alfonso Velez]

Madam Speaker,

We've already seen great contempt for the Constitution leveled by certain members on the National-Liberal alliance benches. It has become clear that we must do more to protect the fundamental liberties that are essential to a free society. Therefore, the Government is introducing this bill to ensure that future Governments may only amend the Constitution by a 2/3rds majority rather than a simple majority. This protection is vital. Otherwise, we may have a situation where clauses may be added and removed from the Constitution based on changing majorities.

The Constitution is a critical document for our Republic. I strongly believe that creating a 2/3rds requirement for amending it is a vital part in ensuring that all changes to the constitution are considered soberly and deliberately, and are only achieved through cross-party support in this House. If we fail to adopt this threshold, I worry that this Republic will be governed by a Constitution that changes on the whims of changing Governments rather than being the bulwark of our laws. Therefore, I strongly urge this Parliament to adopt this critical amendment to protect our Constitution.

[Speaker Rejo]

The Chair now opens the floor for general debate. All members may offer debate or amendments at this time. Debate shall last for no less than 48 hours.

[Recks]

Madam Speaker,

The attacks levied on members of this bench, and myself in particular, were unjustified and uncalled for. The N-L Alliance adequately defended the constitutionality of the Bathroom Bill, and I continue to stand behind it - despite the fact that the government couldn't even pull together a majority in its opposition, only a plurality.

With that being said, Madam Speaker, and if the Government believes this provision is so important, I will suggest they renounce hypocrisy and require this amendment to take effect with a 2/3 majority.

Therefore, I move to amend Article 3, Commencement, of this Act to read:

In accordance with Title X, Article 85, these amendments shall come into immediate force upon the signature of the President of the Republic after its Constitutional passage by Parliament, provided it passes by a 2/3rds majority of those present and voting.  

Madam Speaker, I believe that, if the Prime Minister is sincere in his desire to make a lasting constitutional amendment - an amendment which makes us less democratic, despite his party's name - he will adopt my amendment as friendly. If not, I ask that it be put to a vote.

I yield.

[Alfonso Velez]

Madam Speaker,

The Honourable Gentleman states that this amendment will make this Republic less democratic without any explanation or argument. I, for one, would be anxious to hear it.

The Honourable Gentleman makes bold assertions about the Bathroom Bill that were thoroughly debunked during the debate on that legislation so I will not go into it further now. I will note with amusement however that only 34 members voted for that bill.

As to the amendment offered by the Honourable Gentleman, I make a point of order that the amendment contravenes Section VI.6 of the Standing Orders of Parliament which state:
 

 6. In order to pass, a question generally requires a simple majority vote in favor of the question, unless another threshold is established by law or the Standing Orders. In the event of a tie, the question fails.

Madam Speaker, given that there is no other threshold presently established for constitutional amendments by law at this time and given that there is not a 2/3rds requirement under the Standing Orders, this amendment to the bill seeks to achieve something that is not in order. He can, however, vote for this bill in order to ensure that, in future, this 2/3rds requirement is mandated by law.

[Speaker Rejo]

Order! 

The Prime Minister's point of order is well taken. The amendment offered by Mr. Paredes is in contravention of Section VI.6 and therefore may not be considered under regular order as there is presently no 2/3rds majority requirement presently codified by law. Therefore, the amendment is ruled out of order at this time.

[Speaker Rejo]

All time for debate has now expired. The question is: Shall Parliament pass the pending bill? Voting shall last for no less than 48 hours

DIVISION: CLEAR THE LOBBIES!

[Alfonso Velez]

AYE

[Alduria]

• Euran Destiny Party votes NAY.
  
• Democratic Farmer-Labor Party votes AYE.
  
• Movement for Alduria votes NAY.
  

[Seydlitz]

Seydlitz votes Aye