Constitution of Urabba Parks/Section 19: Difference between revisions

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= Effect of vacancy of deliberative component =
= Effect of vacancy of deliberative component =
(1)    If for as long as a body declared a deliberative component of the legislature is vacant in the whole (a '''''vacant component'''''), the legislature does not consist of the vacant component and a law is void to the extent that:
(1) If for as long as a body declared a deliberative component of the legislature is vacant in the whole (a '''''vacant component'''''), the legislature does not consist of the vacant component and a law is void to the extent that:


:(a)    the law requires:
:<span id="par1a"></span>(a) the law requires:


::(i)    proposed law of any kind to originate in the vacant component; or
::<span id="par1a-i"></span>(i) proposed law of any kind to originate in the vacant component; or


::(ii)    any resolution to be made or any other privilege or immunity exercised by the vacant component; or
::<span id="par1a-ii"></span>(ii) any resolution to be made or any other privilege or immunity exercised by the vacant component; or


:(b)    the law limits the power of any deliberative component not vacant in the whole:
:<span id="par1b"></span>(b) the law limits the power of any deliberative component not vacant in the whole:


::(i)    to introduce or amend proposed law that may only be introduced or amended by the vacant component; or
::<span id="par1b-i"></span>(i) to introduce or amend proposed law that may only be introduced or amended by the vacant component; or


::(ii)    to make a resolution that may only be made by the vacant component.
::<span id="par1b-ii"></span>(ii) to make a resolution that may only be made by the vacant component.


(2)    If each deliberative component is vacant in the whole:
(2) If each deliberative component is vacant in the whole:


:(a)    the legislature consists solely of the enacting component;
:<span id="par2a"></span>(a) the legislature consists solely of the enacting component;


:(b)    the enacting component acting on the advice of the directors may enact laws, including by special resolution, under this paragraph;
:<span id="par2b"></span>(b) the enacting component acting on the advice of the directors may enact laws, including by special resolution, under this paragraph;


:(c)    a reference to the enacting component acting on the advice of the body vested with giving advice in Government shall be a reference to the enacting component acting on the advice of the directors;
:<span id="par2c"></span>(c) a reference to the enacting component acting on the advice of the body vested with giving advice in Government shall be a reference to the enacting component acting on the advice of the directors;


:(d)    a law requiring any resolution to be made or any privilege or immunity to be exercised by a body or bodies declared as deliberative components of the legislature, or any part thereof, as a precondition for any action by or for the Executive Government of Urabba Parks or any entity or body shall be of no effect;
:<span id="par2d"></span>(d) a law requiring any resolution to be made or any privilege or immunity to be exercised by a body or bodies declared as deliberative components of the legislature, or any part thereof, as a precondition for any action by or for the Executive Government of Urabba Parks or any entity or body shall be of no effect; and


:(e)    if by law or convention advice is to be tendered or put by directors being the body of advisors in Government, or by any director being a member of such body, shall be taken to be tendered by a director who is the enacting component or is appointed by the enacting component.
:<span id="par2e"></span>(e) if by law or convention advice is to be tendered or put by directors being the body of advisors in Government, or by any director being a member of such body, shall be taken to be tendered by a director who is the enacting component or is appointed by the enacting component.


= Relevant notes from the Explanatory Memorandum =
= <span id="EM"></span>Relevant notes from the Explanatory Memorandum =
103. Subsection&nbsp;(1) provides that members of Houses of the Parliament must be appointed directors by virtue of a representative place (category&nbsp;B).  Subsection&nbsp;(2) clarifies the position of alternate members, who are also to be appointed alternate directors by virtue of their alternate membership (alternate legislative directors).
105. Subsection&nbsp;(1) voids any requirement to have any Bill pass a House of the Parliament, or limits the introduction of a particular proposed law to a particular House, if it is vacant in the whole or for such a House to exercise any other power (such as a resolution praying for the removal of an office holder).  Subsection&nbsp;(2) allows the Enactor to enact laws alone (including by special resolution) if each House of the Parliament if it is vacant in the whole.
 
106. Subsection&nbsp;4(1) defines a ‘vacancy in the whole.’ See note&nbsp;46:(C) for more information on the definition.
 
107. This purpose of this section&nbsp;is to allow the Parliament to operate despite the vacancy of the whole in a House.  This situation is likely to prevail until the finalisation of the Parliament structure and recruitment of members.


104. It is important that members of Houses are appointed directors because of their principal role in the system of government; and as the powers of the management of a company are taken to be exercised by the directors, the lawmakers, as the principal delegators of such power, must be appointed directors in order for the system of government to translate to the lawful exercise of the overarching legislative power of Urabba&nbsp;Parks.


{{Constitution of Urabba Parks|state=expanded}}
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[[Category:Urabbaparcensian constitutional law| ]]
[[Category:Urabbaparcensian constitutional law| ]]

Latest revision as of 11:04, 6 September 2023

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Chapter 1 >>Part 2 >>Division 5 >>Subdivision A >>Section 19

Effect of vacancy of deliberative component[edit | edit source]

(1) If for as long as a body declared a deliberative component of the legislature is vacant in the whole (a vacant component), the legislature does not consist of the vacant component and a law is void to the extent that:

(a) the law requires:
(i) proposed law of any kind to originate in the vacant component; or
(ii) any resolution to be made or any other privilege or immunity exercised by the vacant component; or
(b) the law limits the power of any deliberative component not vacant in the whole:
(i) to introduce or amend proposed law that may only be introduced or amended by the vacant component; or
(ii) to make a resolution that may only be made by the vacant component.

(2) If each deliberative component is vacant in the whole:

(a) the legislature consists solely of the enacting component;
(b) the enacting component acting on the advice of the directors may enact laws, including by special resolution, under this paragraph;
(c) a reference to the enacting component acting on the advice of the body vested with giving advice in Government shall be a reference to the enacting component acting on the advice of the directors;
(d) a law requiring any resolution to be made or any privilege or immunity to be exercised by a body or bodies declared as deliberative components of the legislature, or any part thereof, as a precondition for any action by or for the Executive Government of Urabba Parks or any entity or body shall be of no effect; and
(e) if by law or convention advice is to be tendered or put by directors being the body of advisors in Government, or by any director being a member of such body, shall be taken to be tendered by a director who is the enacting component or is appointed by the enacting component.

Relevant notes from the Explanatory Memorandum[edit | edit source]

105. Subsection (1) voids any requirement to have any Bill pass a House of the Parliament, or limits the introduction of a particular proposed law to a particular House, if it is vacant in the whole or for such a House to exercise any other power (such as a resolution praying for the removal of an office holder). Subsection (2) allows the Enactor to enact laws alone (including by special resolution) if each House of the Parliament if it is vacant in the whole.

106. Subsection 4(1) defines a ‘vacancy in the whole.’ See note 46:(C) for more information on the definition.

107. This purpose of this section is to allow the Parliament to operate despite the vacancy of the whole in a House. This situation is likely to prevail until the finalisation of the Parliament structure and recruitment of members.

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