Legislation

Legislation

Laws in New Vanguardia come in a variety of forms. All laws come from the state, whose highest organ is the State Assembly, made up of selectors who are directly elected by the population. There are three acknowledged categories of law:

  • Sovereign law: Laws which are directly passed by the State Assembly and which underwrite (and override) lower types of law.
  • Regulatory law: Laws (called regulations) which are created by subsidiary bodies of the State Assembly and serve to practically implement sovereign law.
  • Commissary law: Laws (called ordinances) which are created by commissaries (provincial ministers) or district ministers, usually on the advice of the relevant lower assembly, and which only have force in their jurisdictions.

A core principle of New Vanguardian governance is the search for consensus. This principle has to be balanced with practical administration. This has led to two forms of sovereign law: statutes are the stronger sort of legislation, as they must be passed through a particular process which achieves semi-consensus; if semi-consensus cannot be achieved in a timely manner, the Assembly may instead pass a legislation as a state decree which requires only a simple majority.

Unlike many other states, New Vanguardia does not have a formal constitution. The “institution of constitution”, as it is sometimes called, consists of three primary parts. The first is the Convention of the State Assembly, a text containing the structure and powers of the elements of the State Assembly which is adopted at the beginning of every State Assembly conference. The second is the Basic Law of the State of New Vanguardia, which is a set of statues acknowledged as the foundation of the legal system and the state. The third part consists of the customs of the State Assembly, unwritten ways of proceeding which exist alongside the Convention and Basic Law.

A Declaration of the Rights of the People has been included in every Convention accepted by the State Assembly. This Declaration is not a binding document, but its existence allows for the impeachment of members of the Assembly for dereliction of duties.

Passing a statute

The following is the general process of passing a statute in the State Assembly. Some modifications may occur without delegitimizing the statute, but this process can fail. The State Assembly also has several ways to pass state decrees.

  1. Issue is raised to the Docket. A selector raises an Issue before the Assembly and it is entered into the Docket.
  2. Issue is taken up from the Docket for consideration. A selector (who may be the same as the first, but not in the same motion) calls for an Issue which is in the Docket to be considered. Passes by simple majority (over 50.000% of the vote is YES, not counting those voting “out”, those not present, and vacant seats).
  3. Assembly appoints a Reader for the Issue. The Assembly uses their nomination–election process to choose a Reader, who supervises the Issue in Plenary Committee. This process involves nomination, confirmation of nominees, and election. The Reader does not have to be the same person either as the selector who raised the Issue or the one who called for consideration.
  4. Reader introduces the Issue to the Plenum. The Reader gives their opening statement to the Plenary Committee, framing the Issue for the Assembly’s consideration.
  5. Assembly gives opening remarks on the Issue. Each selector, in their turn, has the opportunity to make short remarks about the Issue.
  6. Assembly votes to refer Issue to Commission. The Assembly formally decides that the Issue should be studied by a Commission who should deliver a resolution to the Plenum. This step is a formality in most situations, as examining an Issue in the Plenary Committee could be a very drawn-out process. Instead, the Assembly will usually refer Issues to a Commission (which may be part of the State Assembly but may not be) and then either accept or reject that advice. Passes by simple majority.
  7. Assembly appoints a Commission for the Issue. As before, the Assembly uses their nomination–election process to choose which Commission will have the Issue referred to it. This Commission is intended to be one with a competency and/or responsibility relevant to the Issue.
  8. Commission considers the Issue. Each Commission recognized by the State Assembly must fundamentally consist of a board or committee which makes its decisions by consensus. Commissions also generally take the step of drafting the final Resolution which they deliver first as simply the Determination of their Commission.
  9. Commission presents Determination to Plenum. The Commission Delegate introduces their Determination to the Plenary Committee and explains any difficult elements.
  10. Assembly gives remarks on Determination. Each selector, in turn, has the chance to make short remarks about the Commission’s Determination.
  11. Assembly votes to reconsider the Issue. This step is often confusing because it appears to be a negative vote. If a vote at this stage passes, the Issue does not move forward, but instead the Assembly returns to step 7 and must appoint a Commission which has not already considered this current Issue. This is because it is assumed that multiple perspectives are desired, so a yes vote sends the process back, while a successful no vote actually advances the Issue. Passes by failed simple majority (under 50.001% of the vote is YES, not counting those voting “out”, those not present, and vacant seats).
  12. Assembly debates presented Determinations. Once the vote to reconsider fails, all presented Determinations are brought before the Plenary Committee to be debated. Only the text of the Determinations as presented can be debated; they cannot be further amended.
  13. Assembly appoints a Determination as Candidate Resolution. The Assembly uses the nomination–election process to choose one of the Determinations for a final vote; each Determination is already considered nominated at this stage, but must be confirmed and then elected as per the usual process.
  14. Assembly votes to adopt Resolution. The Plenary Committee has a vote to decide if they will adopt the Resolution as a Statute. The process leading to this point is meant to remove as much doubt as possible by providing several opportunities for the resolution to be reconsidered and defeated. If this vote fails, the entire process is spoiled and must be re-started; the Issue is returned to the Docket. If the vote passes, the Resolution becomes a Statute and is formally registered by the Chancellor. Passes by semi-consensus, which is both a simple supermajority (over 75.000% of the vote is YES, not counting those voting “out”, those not present, and vacant seats) and a complete majority (over 50.000% of the vote is YES, counting “out” votes and absences but not counting vacant seats).