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zubspace | 6 months ago

It's a shitty system, if one side just needs to succeed one time while the other side needs to succeed over and over again.

What really should be done is to disallow proposals, which are kinda the same. Once a mass surveillance proposal like this is defeated, it shouldn't be allowed to be constantly rebranded and reintroduced. We need a firewall in our legislative process that automatically rejects any future attempts at scanning private communications.

discuss

order

pessimizer|6 months ago

> What really should be done is to disallow proposals, which are kinda the same.

This very much exists in a lot of parliamentary rules authorities, but it's usually limited to once per "session." They just need to make rules that span sessions that raise the bar for introducing substantially similar legislation.

It can easily be argued that passing something that failed to pass before, multiple times, should require supermajorities. Or at least to create a type of vote where you can move that something "should not" be passed without a supermajority in the future.

It is difficult in most systems to make negative motions. At the least it would have to be tailored as an explicit prohibition on passing anything substantially similar to the motion in future sessions (without suspending the rules with a supermajority.)

I don't know as much about the French Parlement's procedure as I would like to, though.

Telemakhos|6 months ago

Is there no way to codify a negative right, like “The right of the European people to privacy in their communications and security in their records through encryption shall not be infringed?” Negative rights reserved to the people should be more important than positive laws granting power to the government.

Stevvo|6 months ago

This rule can really hurt. e.g. Theresa May tried passing a deal to keep the UK in the Customs Union. The speaker wouldn't allow it because the same deal had previously been rejected, even though she now had the support for it in the house.

CM30|6 months ago

I wonder if it'd be possible to fix a lot of these issues by having a constitution with damn near impossibly strict standards for changing it that rely on the entire population agreeing (or close to it)?

So there might be a right to privacy or freedom of speech enshrined in law, and the only way to change it would be for 90+% of the population to agree to change it. That way, it'd only take a minority disagreeing with a bad law to make it impossible to pass said law. Reactionaries and extremists would basically be defanged entirely, since they'd have to get most of their opponents to agree with any changes they propose, not just their own followers.

nickslaughter02|6 months ago

It exists. Except these mfs will not put the proposal to vote if they know it will not pass. Instead they try again and again to gather the votes.