The Smid Proposal - Codified
Smid:
Okay - I've decided not to lock the thread so that people can still click "quote" to make it easier to make comments about it, however I request that if you want to comment on this draft, to do so here:
https://uselectionatlas.org/FORUM/index.php?topic=93695.0
That way this thread can be kept clear of debate, making it easier for people to read it and find it and I can add new sections people offer new suggestions. I'll add each Chapter of the draft Constitution as separate posts, so that it's easier to navigate and doesn't result in a single post being too long. I'll also endeavour to edit this to reflect the most up-to-date version of the proposal (so if new suggestions come up, I'll add them here).
Smid:
The Smid Proposal – Codified
Chapter 1 Introduction
1(1) The national governance of Atlasia shall occur in the Parliament of Atlasia.
1(2) The Parliament of Atlasia shall comprise of two houses – a Lower House and an Upper House.
1(3) The name of the Lower House will be determined at a later date, but for reference in this discussion, any of the following names, if used, mean the Lower House of Parliament: a “House of Representatives,” a “Congress,” a “House of Commons,” a “Legislative Assembly.”
1(4) The name of the Upper House will also be determined at a later date, but for reference in this discussion, either of the following names, if used, mean the Upper House of Parliament: a “Senate,” or a “Legislative Council.”
Smid:
Chapter 2 The Lower House
2(1) Any person who registers in Atlasia shall be deemed to hold a seat in the Lower House. When registering, they must provide:
(i) the name of their electorate,
(ii) the name of the state in which their electorate is located, and
(iii) the political party to which they belong, unless they are an independent.
2(2) Any Member of Parliament may change the name of their electorate and the name of the state in which their electorate is located no more frequently than once every six months, and then only in the months of April and October, however they may change the party with which they are affiliated as frequently as they wish.
2(3) Any Member of Parliament seated in the Lower House shall be entitled to debate Bills and Motions that come before the Lower House, except for the Speaker of the House.
2(4) Any Member of Parliament entitled to debate a Bill or Motion before the Lower House shall also be entitled to vote on that Bill or Motion, even if they did not participate in the debate concerning that Bill or Motion.
2(5) The Lower House shall be presided over by the Speaker of the Parliament, elected by the Members of the Lower House, whose role shall be to chair the debate that occurs within the Parliament and who shall not vote, except to break ties.
2(6) The Lower House shall be responsible for electing Senators.
2(7) Members of the Lower House shall be responsible for electing a Prime Minister, whose Government shall be responsible for the governance of Atlasia.
2(8 ) To qualify to vote in the election of a Senator or to vote in confidence and no confidence motions in the Prime Minister, a Member of Parliament must meet the following requirements: (i) a minimum total post count on the forum of 25; (ii) have posted more than 15 times in the previous 8 weeks; (iii) participated in parliamentary debate on at least two Bills in the previous 60 days; and (iii) have registered as a Member of Parliament in the Lower House more than 10 days prior to the election.
2(9) The only exception to the qualification to vote in the election of a Senator or to vote in a confidence motion for a Prime Minister is to allow Members of Parliament to vote for the first Prime Minister and for the first elected Senators.
2(10) Following the first election of Prime Minister and Senators, Section 2(9) shall cease to operate.
2(11) The Lower House may not conduct debate on any matter if it does not have a Speaker.
2(12) The Lower House may not conduct debate on any Bills or motions, except for a confidence motion if it does not have a Prime Minister.
2(13) If a motion of no confidence is moved, the Lower House must cease to debate all other Bills and motions until the motion of no confidence is resolved.
2(14) The Speaker is required to maintain on a weekly basis a public list of current members of the House who are qualified according to Section 2(8 ).
Smid:
Chapter 3 The Upper House
3(1) The Upper House shall comprise of 15 Senators, elected by the Lower House by the method allowed by the House of Representatives Standing Orders.
Alternative to Section 3(1) – Note, the alternative of this section and the alternative of Section 3(5) are linked The Upper House shall comprise of 10 Senators, elected by the Lower House by the method allowed by the House of Representatives Standing Orders.
3(2) Senators cannot be Members of Parliament in the Lower House while serving as Senators and shall be determined to have resigned their seat in the Lower House upon the declaration of their election, unless they resign in writing to the Speaker prior to their election.
3(3) The first election of Senators shall be by the following method: All Members of Parliament representing electorates in each of the five respective districts shall caucus with one another and elect one of their number to represent that region in the Senate. They shall repeat this process until the number of Senators referred to in Section 3(1) have been elected to represent each region in the Senate.
Alternative to Section 3(3) The first election of Senators shall be by the following method: All Members of Parliament shall elect by a method of Single Transferable Vote, the number of Senators referred to in Section 3(1).
Second Alternative to Section 3(3) The first election of Senators shall be by the following method: All Members of Parliament shall elect by a method of Single Transferable Vote, five Senators. They shall repeat this process until the number of Senators referred to in Section 3(1) have been elected to the Senate.
3(4) The Upper House shall be presided over by the President Pro Tempore, elected by the Senators, whose role shall be to chair the debate that occurs within the Parliament.
3(5) Senators shall be elected to six-month terms in office, with elections occurring over the first weekend of:
(i) February and August, for Class A Senators,
(ii) April and October, for Class B Senators, and
(iii) June and December, for Class C Senators.
Alternative to Section 3(5) – The first Section 3(5) is for a Senate containing fifteen Senators, this alternative is for a Senate of ten Senators and should be based on the wording of Section 3(1) Senators shall be elected to six-month terms in office, with elections occurring over the first weekend of:
(i) February and August, for Class A Senators, and
(ii) May and November, for Class B Senators.
Smid:
Chapter 4 Political Parties
4(1)(a) Members of Parliament and Senators must declare the political party to which they belong, unless they are an independent.
4(1)(b) Political Parties must contain at least five members of either House of Parliament.
4(2) Each political party must declare:
(i) a party leader, who must be a Member of the Lower House unless that party is comprised solely of Senators; and
(ii) a party whip.
4(3) If a Senator resigns from the Senate, the leader of the political party to which that Senator belonged at the time of his or her resignation may appoint his or her replacement Senator. If the Senator was not a member of a political party at the time of his or her resignation, the following rules shall apply:
(i) If the Senator was an independent at the time of his or her resignation, the leader of the political party to which he or she belonged when elected may appoint his or her replacement Senator.
(ii) If the Senator was an independent at the time of his or her resignation and also at the time of his or her election, the replacement Senator shall be elected by the Lower House using whatever method is specified in the House of Representatives Standing Orders for the election of Senators.
4(4) Each party must provide a copy of its by-laws in a publicly accessible place. The Parliament may pass an Act of Parliament to create a single set of by-laws that are adopted by all parties until the party has published its own set.
4(5) Unless a party's by-laws state otherwise, the party leader has the power to expel any party members for whatever reason he/she deems appropriate,
4(6) Unless a party's by-laws state otherwise, the party leader has the power to appoint the party's whip and spokespeople for the party for particular portfolios.
4(7)(a) Unless a party’s by-laws state otherwise, the party whip is responsible for the allocation of the party’s quota of Private Members’ Bills to party members for introduction.
4(7)(b) Where a party governs in coalition with another party, the Prime Minister shall appoint a whip from one of the parties to be “the Chief Government Whip” and responsible for allocating the number Private Members’ Bills to each party as they see fit, as referenced in section 6(5)(i).
4(7)(c) Each party whip in a coalition Government allocates their party’s Private Members’ Bills, based on the number allocated to that party by the Chief Government Whip.
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