Commonwealth Assembly of Austenesia
| Commonwealth Assembly of Austenesia | |
|---|---|
 | |
| Type | |
| Type | Unicameral |
| Leadership | |
| President of the Assembly |
Donald Gartner, FFP Since 5 July 2015 |
| Majority Leader |
Martin Graves, FFP Since 10 April 2010 |
| Opposition Leader |
Peter Lestrade, New Order Since 1 July 2012 |
| Structure | |
| Seats | 300 |
 | |
| Political groups |
Government (151) Opposition (149) |
| Elections | |
| Voting system | Closed list proportional representation |
| Last election | 3 June 2014 |
| Next election | On or before 3 June 2017 |
| Meeting place | |
| Trenton Hall, Moroni City | |
The Commonwealth Assembly of Austenesia is the legislature of the Commonwealth of Austenesia. Tracing its origins to local councils and Imperial Diets, the Commonwealth Assembly enacts all laws, nominates arbiters and appoints the heads of independent government agencies. The Commonwealth Assembly can also remove officials from office, amend the National Charter, and approve the national budget. The Commonwealth Assembly is composed of three hundred members who are elected by popular vote indirectly through closed-list proportional party representation and its members serve in a session that can last no longer than three years. When one party or a coalition of parties holds the majority of seats in the Commonwealth Assembly, they form the government while the remaining parties form the opposition. The Commonwealth Assembly meets in the Trenton Hall in Moroni City and its sessions are usually open to the public unless they are closed under special circumstances.
Contents
History
The Commonwealth Assembly was first created in 1662 by the National Charter as the Commonwealth's primary legislative organ and the representative of the people of Austenesia. Previously during the Imperial Period, the emperor would, from time to time, summon an Imperial Diet of Austenesia to advise him on issues and provide support. These Imperial Diets were based on earlier councils of elders and wealthy landowners that rulers had summoned to help them declare war, raise funds, and provide support for controversial measures. The Imperial Diets summoned during the Imperial Period were the first nation-wide legislatures to be established. Its members were wealthy members of society that owned land and were from prominent houses or families. After the empire collapsed and was replaced by a Commonwealth, the Commonwealth Assembly was established as a representative of the "people."
The original Commonwealth Assembly first established was much smaller with only 100 members who were each elected from individual precincts that were redrawn every fifteen years. These precincts were supposed to equally divide up the Commonwealth so each member represented as equally sized constituency. However, in reality, the members of the Commonwealth Assembly instead redrew districts to ensure their own party and coalition would remain in power. In the late 1700s, the number of representatives was increased to 200 and the district process was amended so that multiple individuals represented one precinct based on its population. This reform allowed more party types to get elected and resulted in the powerful Moronic League losing the majority. But despite new ruling parties and reforms, political clashes between the Commonwealth Assembly, the Chancellor, and the Supreme Governor resulted in the Seven Years War.
When the war ended, a new national charter was drafted that made significant changes to the Commonwealth Assembly. First, it increased the Commonwealth Assembly to 300 seats and it did away with the election system being done by district. Instead, the new National Charter stipulated that all elections would be done at large instead of by district. This solved the concerns about the partisanship involved in drawing electoral precincts and also meant that smaller parties and movements could actually have a shot at getting into the Commonwealth Assembly. Amendments made to the National Charter in 1925 resulted in the right of voters to recall the Commonwealth Assembly as well as hold referendums on Commonwealth Assembly laws and propose their own laws. In recent years, there has been discussions about increasing the number of seats on the Commonwealth Assembly and created a mixed system of proportional representation and single-member constituencies but nothing has taken place as of yet.
Qualifications and Elections
According to the National Charter, members of the Commonwealth Assembly must be citizens of the Commonwealth of Austenesia for at least five years and must be eligible to vote in national elections. The actual members of the Commonwealth Assembly are not directly elected by the voters of the nation but rather appointed by political parties. In each election, voters cast their vote for a political party and after the votes are tabulated, the political parties are awarded numbers of seats on the Commonwealth Assembly in proportion to percentage of votes that they won, provided they received more votes than the minimum threshold of 5%. Each political party has usually created a list of candidates for the Commonwealth Assembly that are usually divided among the various communes and ranked so those at the tops of the list get selected to serve in the Commonwealth Assembly first. Each individual member of the Commonwealth Assembly actually serves at the pleasure of the political party he/or she is a member of. The Commonwealth Assembly cannot vote to expel members as that authority lies solely with the party leadership of each party delegation.
Term and Sessions Length
According to the National Charter, the Commonwealth Assembly may not have a session that lasts more than three years. At the third year mark, the Commonwealth Assembly must automatically be dissolved by the Supreme Governor. Before that, the Commonwealth Assembly may also dissolve itself. Typically, after having been in session for one year, the Commonwealth Assembly may move to request that it be dismissed by a simple majority vote early. Upon making such a vote, the Supreme Governor is required to dismiss them and such a decision is usually done if the ruling party(s) of the Commonwealth Assembly believe they can win a bigger majority if they hold an election now or are going to make a controversial decision. The Supreme Governor can also dismiss the Commonwealth Assembly early on his own, after they have been in session for one year, if he believes they are unable to do their job or govern but the Commonwealth Assembly can override his order with a simple majority vote. This is fairly rare and usually only takes place if the Commonwealth Assembly faces unprecedented gridlock or inability to act and neither party wants to dissolve. Lastly, the Commonwealth Assembly is required to dissolve and hold new elections if they are unable to elect a Chancellor for a period longer than one month. Once the Commonwealth Assembly has been dissolved, elections are held two months later and the new Commonwealth Assembly is assembled the month after elections. In the meantime, the Commonwealth Assembly can still meet and make decisions and doesn't dissolve officially until the day that the new Commonwealth Assembly is assembled.
Popular Recall
Voters have the right to trigger early elections as well, usually caused by public dissatisfaction with the Commonwealth Assembly. Voters cannot recall individual members of the Commonwealth Assembly but they can trigger new elections by filing a "Petition to Dissolve." A Petition to Dissolve must be signed by at least 2,000,000 voters from more than half of the communes in Austenesia within a six month period and can only be filed after the Commonwealth Assembly has been in session for exactly a year. Once a petition is filed, two weeks are given to examine the signatures and charges and then the Supreme Governor is required to dissolve the Commonwealth Assembly and trigger new elections.
Duties and Powers
The Commonwealth Assembly is the primary legislative body of the government of the Commonwealth Assembly and has the following duties and powers:
- Appointment Powers: The Commonwealth Assembly has the authority to appoint the Chancellor and the heads of independent government agencies or executive officials not directly under the authority of the Chancellor. The Commonwealth Assembly also has the power to nominate the arbiters of the Commonwealth's judiciary who must then be appointed by the Supreme Governor.
- Removal Powers: The Commonwealth Assembly has the power to remove national officials from office. It can remove any arbiter, Supreme Governor, or independent agency executive from office with a vote of three fourths of its members after filing a "Recall Resolution" which lists its specific reasons for recalling these officials and gives them one week to explain themselves to the Assembly. The Assembly can also remove the Chancellor or any member of his Cabinet from office with a vote of no confidence that only requires a simple majority. While Recall Resolutions are technically supposed to only be used for misconduct in office or neglect of duties, no confidence votes can be politically charged and simply because the Commonwealth Assembly wants new faces or leaders.
- Ceremonial Powers: The Commonwealth Assembly can issue proclamations or non-binding resolutions that celebrate certain events, grant awards to individuals or groups for their service to the Commonwealth, and can censure or publicly condemn government officials like the Chancellor or the Supreme Governor. The Commonwealth Assembly also serves as a forum for government debates and public addresses from the Supreme Governor and the Chancellor.
- Legislative Powers: The Commonwealth Assembly can issue acts to lay or collect taxes, to raise revenues, to borrow money, to regulate national commerce, to establish diplomatic relations with other nations, to ratify all treaties, to coin or establish currencies, to fix the standard for weights and measures, to establish roadways and highway networks, to regulate and establish means of national transportation, to establish court systems inferior to those already established by the National Charter, to declare war, to issue warrants for the seizure of foreign property, to support and establish a military, to pass laws that promote the general welfare and prosperity of the Austenesian people, and to establish or create new departments, agencies, or ministries to carry out its responsibilities or improve the general welfare of the people. Any act of the Commonwealth Assembly must be signed by the Supreme Governor to become law which is often ceremonial as the Supreme Governor cannot legally withhold his support.
- Power to Amend the Charter: The Commonwealth Assembly also has the power to propose or ratify amendments to the National Charter. The Commonwealth Assembly can propose amendments to the National Charter which must be passed by three fourths of its members before being approved by 75% of the voters. The Commonwealth Assembly also can ratify amendments proposed by 75% of the voters in charter referendum and to ratify an amendment, the Commonwealth Assembly must pass a ratification resolution by three fourths of its members supporting.
Procedure
Officers
The officials of the Commonwealth Assembly are usually non-political officials, with the exception of the President, that help carry out the day to day administration and support needs of the Commonwealth Assembly's members and their support staff. The officials are appointed by the Commonwealth Assembly at the beginning of their session and serve at the pleasure of the Assembly. The following is a list of all the officers:
- President: The President presides over all debate and activity on the floor of the Commonwealth Assembly and disciplines unruly members according to the Assembly's rules of procedure
- Grand Usher: The Grand Usher is in charge of all protocol including hiring pages and overseeing the maintenance of the Commonwealth Assembly's meeting place including cleaning, gardening, cafeteria operations, and construction as well as interior decorations in the chamber
- First Secretary: The First Secretary is in charge of overseeing all communications, technology, and office-related needs of the members of the Commonwealth Assembly as well as their staff. The First Secretary is also in charge of managing the Commonwealth Assembly's payroll system, human resources system, and maintaining all electronic and mechanical devices used by members for vote tabulation.
- Recorder: The Recorder oversees all official Commonwealth Assembly records, maintains drafts and copies of all acts or legislation, and oversees the tallying and recording of votes for all sessions of the Commonwealth Assembly
- Grand Marshall: The Grand Marshall oversees all security for the Commonwealth Assembly's meetings and presides over the Commonwealth Assembly's security staff who ensure the premises of their meeting place and staff offices are secure
Legislative Process
Legislation is proposed in three different formats. First, it can be transmitted to the Commonwealth Assembly by a member of the Cabinet with or without the Cabinet's full endorsement. Secondly, it can be proposed by members of the public through a petition process in which the proposed piece of legislation must receive at least 700,000 signatures from voters in at least thirty different communes to be considered. Thirdly, it can be proposed by members of the Commonwealth Assembly themselves.
First Reading
Once an act or piece of legislation has been received by the Commonwealth Assembly, it is first assigned a number by the Recorder's staff and then transmitted to the General Committee of the Commonwealth Assembly (Austenesia) where it is then given recommended committee assignments based on its topic. After that, the proposed act is then read for a First Reading on the floor of the Assembly by the Recorder. A simple majority of the members present can vote to dispense with the reading and submit the proposed act to the suggested committees or members can also amend the list of committees the proposed act is sent to.
Committee Review
When the proposed act is submitted before a committee, the committee can conduct hearings on its merit or worth and can make amendments as they please. There's no deadline for the committees to finish reviewing a proposed act and they can decide to table the act indefinitely. Committees can also submit their edited version of the proposed act back to the General Committee for review with or without their recommendations. Members can however make a motion on the floor of the Commonwealth Assembly to pull a proposed act out of committee and take it straight to the floor for a vote. Once it reaches the General Committee, the General Committee decides when and if they will put the proposed act on the floor for a vote as well as what debate rules and amendments will be allowed.
Second Reading
Once a proposed act has reached the floor for a second reading, it is read in its entirety by the Recorder after which, members on the floor can propose amendments and debate according to the rules set forth by the General Committee. Once the period of debate has ended, the Recorder calls for a vote on the proposed and each of its amendments. Typically, unless it is a special process, the proposed act needs more than half of those present to support it for it to be enacted. A tie vote is considered to be a rejection. Once the proposed act has been passed, it is typically signed by the President and then transferred to the Chancellor's office who submits it to the Supreme Governor for his signature of assent.
Debate and Votes
During designated times of the day in a session, the government and opposition are given opportunities to make speeches about any issues they want. When a debate begins, the government and the opposition each are allotted an equal time to speak. That time is further divided up among the party delegations composing each side according to the percentage of seats they hold. Each party's time is apportioned among the members by the party leader who can decide who speaks and who doesn't. Speakers do not address each other and typically address only the President and hold the floor until they decide to yield or until they run out time or a more senior member of their party requests to be recognized.
Votes can be done by voice for non-controversial members but if one of the party leaders challenges the vote, a roll call must be done of all the votes. Roll calls are usually done for a set time but if that time expires and a quorum has not yet voted, the vote will continue until a quorum has voted. Roll calls can finish early if all members have cast their votes before the roll call's allotted time is finished. Votes of the members are tabulated by an electronic voting system and members can either vote "Yes", "No", or "Abstain".
Quorums
The Commonwealth Assembly and its individual committees cannot conduct business if they do not have a quorum present, which is defined as three fourths of all their members being present. However, if a quorum isn't present for the conduct of business, any one of the party leaders can request that all other members be compelled to attend the meeting.
Investigatory Powers
The Commonwealth Assembly and its committees have the authority to demand government officials or private citizens appear before them to testify on matters that concern the nation and ask them questions. While the Commonwealth Assembly and its committees can conduct investigations and do interviews, they cannot sentence people or punish them unless they refuse to obey an order to appear, in which they can be charged with civil insubordination in a criminal court.
Committees
Committees including regular and special ones are established by the Commonwealth Assembly to give greater insight into issues and examine them more thoroughly. Committees have review authority over all legislative actions and their approval is often required for something to advance in the legislative process. Committee presidencies are usually assigned along with assignments by the governing parties who often negotiate among themselves for the best spots. The seats on each committee are often assigned in proportion to how many seats the party controls total and the individual parties decide for themselves who sits on these committees. The President of a committee excises a lot of power and can set the agenda as well as decide when to convene and adjourn the committees' sessions but the committee cannot issue orders, mandates, amendment, or refer legislation without a majority of the members voting yes.
Rules and Journal of Proceedings
A record of all proceedings is kept by the Recorder including the votes, comments, and actions of the Commonwealth Assembly. The Commonwealth Assembly may however, by a vote of three fourths, classify any journal proceedings or close hearings to the public if it is necessary. The rules of the Commonwealth Assembly also cannot be amended or modified without the support of three-fourths of the Commonwealth Assembly.
Compensation and Benefits
Salary
Members of the Commonwealth Assembly are are allotted an annual salary of NSD$75,000 in addition to receiving per dieum, healthcare coverage, and a pension.
Title
Members of the Commonwealth Assembly do receive any special titles and their names are followed usually by "Member of the Commonwealth Assembly" or more commonly, the abbreviation "M.C.A."
Immunity
Members of the Commonwealth Assembly typically have immunity from arrest and prosecution while head to or attending a session of the Commonwealth Assembly except in cases where they have been indicted for violent or dangerous crimes.
