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Legality Debate for Non-Binding Resolutions

Posted: Tue Dec 27, 2016 12:01 am
by Syberis
I request that the Pharaoh review the following policy:
Does the Council of Scribes have the ability to pass non-binding resolutions in the place of standard law?
Specifically, it calls into question interpretation of Article II, Section 2 entirely, which states;
(1) The Council of Scribes may establish rules which govern its procedures. Where there is a conflict, these rules supersede and override any discretionary procedures adopted by the Chief Scribe, but are subordinate to the laws of the Osiris Fraternal Order.
(2) The Council has broad legislative power and may enact, amend, or repeal any law, with the assent of the Pharaoh.
(3) The Council may remove any government officer from office by three-fifths majority vote, with the assent of the Pharaoh. The Council may not remove the Pharaoh from office.
(4) The Council may ratify treaties presented by the Chief Vizier or designated Vizier(s), and repeal treaties, by three-fifths majority vote, with the assent of the Pharaoh.
(5) The Council may declare war, and repeal declarations of war, by two-thirds majority vote, with the assent of the Pharaoh.
(6) The Council may amend this constitution, the Scroll of Ma'at, by two-thirds majority vote, with the assent of the Pharaoh.
I believe that a non-binding resolution, by definition of the words alone, is not a law, removal, treaty, war, or amendment, which are the listed acts that the Council of Scribes can pass. As passing a non-binding resolution is not a power granted to the Council of Scribes, it would be illegal, and cannot be introduced.

Legality Debate for Non-Binding Resolutions

Posted: Tue Dec 27, 2016 12:38 am
by Neo Kervoskia
Constitutional Ruling from the Pharaoh

Article II, Section 2(2) of the Scroll of Ma’at grants the Council of Scribes, “broad legislative power and may enact, amend, or repeal any law, with the assent of the Pharaoh.”

A non-binding resolution is defined as, “a written motion adopted by a deliberative body that cannot progress into a law.”

While on the face of it, the Scroll of Ma’at does not permit the Council of Scribes to vote on non-binding resolutions, this would greatly limit the “broad legislative power” granted to the Council of Scribes in Article II, Section 2(2). The presence of “broad” implies the Council of Scribes has the ability to consider legislative matters not specifically enumerated.

We therefore rule that the Scroll of Ma’at permits the Council of Scribes to pass non-binding resolutions.

Pharaoh of the Osiris Fraternal Order