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All ordinary bills sunset arguments for and against

Tinky Holloway edited this page Apr 30, 2015 · 12 revisions

There has been much debate on a proposed change to the draft Constitution (#13) to require all ordinary bills to sunset. This wiki page captures the arguments for and against.

Proposed change

All ordinary Bills automatically expire after two Assembly terms. The Cabinet must reintroduce a new Bill prior to the old Act expiring. The normal process for Bill introduction is followed: a) the Cabinet outlines its intention in the annual speech to the Assembly; b) the Cabinet (re-)introduces the Bill (perhaps with amendments); c) the Assembly votes; d) Citizens have the right to veto per the Constitution.

Motivation for change

The motivation for change is primarily in holding a strong level of distrust in both politicians and voters to protect freedoms. We are drowning in a quickly rising tidal wave of legislation that seeks to control all aspect of our lives. There are so many laws now. that nobody knows them and it is said that we all break some laws multiple times per day.

This proposal is the only means that can reverse this situation completely. Instead of the state building collections of legislation to control our lives, the laws must be continually reviewed and renewed.

How it would work

(This is based on a version of the Constitution valid at the time of writing)

The Cabinet knowing that next year a law will sunset, advises the Assembly as part of its Annual Address to the Assembly where it lays out its legislative program for the current year that it will be reintroducing the expiring law. The Cabinet may look to modify the law in some way as part of this, but for 'good' laws it might be reintroduced without change.

During the course of the year the Cabinet reintroduces the Bill as presented. It gets debated and voted on by the Assembly just as a new Bill would. If the Assembly does not pass the Bill, then the current Act is automatically annulled at its sunset. If the Assembly does pass the Bill, then the Citizenry have 90 days to veto as per the normal process. If the Citizenry vote to veto, then the current Act is automatically annulled at its sunset. If the Veto is not sought or the Veto fails then the current Act is annulled and replaced by the Bill with becomes an Act as per the Constitution.

Arguments for change

Keeps the volume of laws low

By requiring that

Keeps laws relevant

Supports high quality laws

Works well with a great proposal for taxation

Has a high degree of protection against growth of the state

Arguments against change

Places a too high burden on civilians

Possibly creates a situation where necessary laws sunset before they can be renewed leading to lawlessness

Other considerations

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