Government Formation and Coalition Act, 1694

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Government Formation and Coalition Act, 1694

Cortes Federales
Long title	An Act to regulate and provide for the establishment and organization of the government following a general election, and for other purposes.
Number	XXX
Introduced by	Deputy Ignacia Lopez y Villamil, Deputy from the Wechua Nation, (FHP)
Extent	Federation of Nouvelle Alexandrie
Dates
Royal Assent	10.IV.1695 AN
Commencement	10.IV.1695 AN
Text of statute as originally enacted

Legislative history

Status	Date	Tabled By	Vote Outcome
Introduced in the Federal Assembly	1694 AN	Deputy Maria Motochanchi
Debated in the Federal Assembly	1695 AN
Passed in the Federal Assembly	1695 AN
Debated in the Chamber of Peers	1695 AN
Passed in the Chamber of Peers	1695 AN
Royal Assent	1695 AN

Text

GOVERNMENT FORMATION AND COALITION ACT, 1694

Ordered, by the Cortes Federales of Nouvelle Alexandrie,
to be Printed, 1694 AN.

_______________________________

BE IT ENACTED by the King’s Most Excellent Majesty, by and with the advice and consent of the Cortes Federales, in this present 2nd session assembled, and by the authority of the same, as follows:-

PART I
GENERAL PROVISIONS.

1. CITATION.

1. This Act shall be officially cited as the “Government Formation and Coalition Act, 1694”.

2. CONSTITUTIONAL AUTHORITY, COMPANION LEGISLATION.

1. Chapter I, Article 2 of the Proclamation of Punta Santiago confers “all other subject matters which by their very nature or as a corollary to the subjects listed have to be centralized on the national level” to the federal government as part of its powers.
2. Chapter IV, Article 30, Clause 2 of the Proclamation of Punta Santiago states that “the Cortes Federales exercise the legislative powers of the Federation in accordance with this Proclamation and with the laws.”
3. The Standing Orders of the Federal Assembly shall serve as companion legislation to this Act.
4. The Standing Order of the Chamber of Peers shall serve as companion legislation to this Act.

3. DEFINITIONS, REFERENCES.

1. The term “adjournment” shall mean, for the purposes of this Act, the process which brings an end to a sitting in either chamber of the Cortes Federales, in accordance with the Standing Orders of the Chamber. This expression is also used to describe the period while a Chamber or the Cortes Federales as a whole is adjourned.
2. The term “dissolution” shall mean, for the purposes of this Act, the process which terminates a Cortes Federales and, by convention, requires the summoning of a new Cortes Federales, thus triggering a general election for membership of the Federal Assembly.
3. The term “prorogation” shall mean, for the purposes of this Act, the process which brings an end to a session of the Cortes Federales. The Cortes are suspended for a period by a Monarch.
4. The term “recess” shall mean, for the purposes of this Act, a period while the Chamber or the Cortes as a while is adjourned between sittings for longer than provided for by the Standing Orders, such as over a holiday period.
5. The term “wash up” shall mean, for the purposes of this Act, the period between when the Premier is granted dissolution by H.M. the King and the subsequent prorogation or dissolution of the Cortes Federales.
6. Whenever the term “Monarch” is used in this Act, it shall be construed to refer to H.M the King, or to any legitimate Monarch of the Federation of Nouvelle Alexandrie as established by the Proclamation of Punta Santiago, regardless of their gender.
7. Whenever the term “years” is used in this Act, it shall be construed to refer to years in the Anno Nortone calendar.
8. Whenever the term “Premier” is used in this Act, it shall be construed to refer to the President of the Government.

PART II
PRINCIPLES OF DISSOLUTION AND SUMMONING THE CORTES FEDERALES.

4. EXPIRATION OF SESSION OF THE CORTES FEDERALES.

1. The term of the Cortes Federales of Nouvelle Alexandrie is five years from the date of the first meeting of the Cortes Federales after a general election.
2. The Cortes Federales may be dissolved before the five-year term finishes.
3. When the term of the Cortes Federales has ended, or has been dissolved, a general election shall be held to determine the composition of the next Federal Assembly, from which the next government will be formed.
4. No Royal decree or proclamation or other formality is required for a dissolution under the Act, but a Royal decree or proclamation will then be needed to summon a new Cortes Federales, as provided by the Proclamation of Punta Santiago.
5. H.M. the King may also dissolve the Cortes Federales by decree or proclamation at any time before it has expired and the same proclamation will also summon a new Cortes Federales and name the date on which it is to meet, or as otherwise as provided by the Proclamation of Punta Santiago.
6. Royal decrees or proclamations on this matter are issued by H.M. the King in Council (Council of State).
7. H.M the King has the formal power to dissolve, prorogue, and summon the Cortes Federales, as provided by the Proclamation of Punta Santiago. This power shall be exercised on the advice of the Premier as H.M. the King’s principal adviser.
8. The Federal Assembly meets on the date determined by the issue by H.M. the King of a proclamation summoning a new Cortes Federales. That date may be postponed by a subsequent proclamation, as regulated and determined by law.

5. FINALIZATION OF BUSINESS OF THE CORTES FEDERALES, "WASH UP" PERIOD.

1. The President of the Government may request the dissolution of the Cortes Federales from H.M. the King whether or not the Cortes are currently sitting.
2. The Cortes Federales shall sit for a few days, known as the ‘wash up’ period, after the announcement of the election where any outstanding business may be addressed.
3. Any money voted to the Government but not appropriated has to be appropriated by the date of the dissolution.
4. At the end of the ‘wash up’ period, the Cortes may either be prorogued and then dissolved, or just dissolved.

6. PROROGATION.

1. Prorogation shall bring a session of the Cortes Federales to an end.
2. H.M. the King shall have the power to prorogue the Cortes Federales on the advice of the Council of State.
3. It is not necessary for the Cortes Federales to have been prorogued in order for it to be dissolved.

7. GENERAL ELECTION.

1. At the same time as a Royal decree or proclamation which summons a new Cortes Federales, a Royal decree or proclamation shall be made requiring the issue of writs for the election of a new Cortes Federales (a writ is a formal written order).
2. Writs are issued by H.M the King and cause elections to be held and to return the writ with the election result for each Region.
3. General elections shall take place as required by the laws and legally established electoral regulations.

8. CARETAKER GOVERNMENTS.

1. In the period before, during, and after a general election, the Government shall enter periods of reduced decision-making capacity at the Secretarial and Council of State level. These periods of time shall be regulated and established by the laws and legally established electoral regulations.
2. It may be necessary for a government to remain in office for a period on an interim basis, when it has lost the confidence of the Federal Assembly, or (after an election) until a new government is appointed following the government formation process established in this Act.
3. During such periods, the incumbent government is still the lawful executive authority, with all the powers and responsibilities that go with executive office, but they shall be constrained in their actions until the political situation is resolved, in accordance with this Act and the laws.
4. Caretaker governments shall automatically occur in the situations below, mutatis mutandis:
   1. When it is clear who will form the next government but the next government has not yet taken office; or -
   2. When it is not clear who will form the next government.

PART III.
GOVERNMENT FORMATION.

9. GENERAL PRINCIPLES OF GOVERNMENT FORMATION.

1. The process of government formation occurs most commonly following a general election, but may be necessary if the government loses the confidence of the Federal Assembly in the middle of Cortes' term.
2. The ability of a Government to command the confidence of the elected Federal Assembly is central to its authority to govern. It is tested by votes on motions of confidence or no confidence.
3. Commanding the confidence of the Federal Assembly is not the same as having a majority or winning every vote.
4. A Government or Premier who cannot command the confidence of the Federal Assembly is required to resign or, where it is appropriate to do so instead, may seek a dissolution of the Cortes Federales.
5. When a Government or Premier resigns, it is for H.M the King to invite the person whom it appears is most likely to be able to command the confidence of the Federal Assembly to serve as Premier and to form a government.
6. H.M. the King shall not be drawn into party politics, and if there is doubt it is the responsibility of those involved in the political process, and in particular the parties represented in the Cortes Federales, to seek to determine and communicate clearly to H.M. the King who is best placed to be able to command the confidence of the Federal Assembly.
7. If an incumbent Government retains a majority in the new Cortes Federales after an election, it will continue in office and resume normal business.
8. If the election results end in a clear majority for a different party, the incumbent Premier and government will immediately resign and H.M. the King will invite the leader of the party that has won the election to form a government.
9. Where a government formation process results in a change of administration, outgoing Secretaries shall remain in office in a caretaker capacity until the new government is appointed, at which time the outgoing Premier will advise H.M. the King to accept the resignations of the government.
10. Once political parties have reached an agreement and it is possible to form a government, the parties involved shall make appropriate public statements for their intentions and publish any subsequent agreements reached to form the government.
11. Any agreement reached by the parties during their negotiations may need to be confirmed subsequently by the political parties involved, each following its own internal procedures.

8. “HUNG’ CORTES FEDERALES.

1. Where an election does not result in a clear majority for a single party, the incumbent Government remains in office unless and until the Premier tenders his and the Government’s resignation to H.M. the King.
2. An incumbent Government is entitled to await the meeting of the new Cortes Federales to see if it can command the confidence of the Cortes Federales or to resign if it becomes clear that it is unlikely to command that confidence.
3. If a Government is defeated on a motion of confidence in the Federal Assembly, a Premier is expected to tender the Government’s resignation immediately.
4. A motion of confidence may be tabled by the Opposition, or may be a measure which the Government has previously said will be a test of the Assembly’s confidence in it.
   1. Votes on the following measures shall be regarded as motions of confidence:
   2. Votes on the Speech from the Throne;
   3. Votes on Council of State appointments;
   4. Votes on the final Federal Budget;
   5. Votes on authorizing military action or issuing declarations of war in the Federal Assembly.
5. If the Premier and Government resign at any stage, the person who appears to be most likely to command the confidence of the Federal Assembly will be asked by H.M. the King to form a government.
6. Where a range of different administrations could potentially be formed, the expectation is that discussions will take place between political parties on who should form the next Government.
7. H.M. the King shall not become involved in such discussions, except to facilitate them, although the political parties and their leaders would have a role in ensuring that H.M. the King is informed of progress.
8. A Premier may request that H.M. the King dissolve the Cortes Federales and hold another election.
   1. H.M the King shall not be bound to accept such a request, especially when such a request is made soon after a previous dissolution.
      1. In those circumstances, H.M. the King would normally wish the parties to ascertain that there was no potential government that could command the confidence of the Federal Assembly before granting a dissolution.
9. It shall be permissible to the Premier and to the leaders of political parties involved in discussions to ask H.M. the King or an official designated by him to support discussions between parties to support discussions with each other.
   1. The specific actions that H.M. the King takes in regard to facilitating and supporting discussions shall be made public.
10. If Opposition parties request similar support for their discussions with each other or with the Government, this can be provided by H.M. the King or an official designated by him.
11. As long as there is significant and demonstrable doubt whether the Government has the confidence of the Federal Assembly, major and significant decisions regarding governance and policy shall be limited.

9. CHANGES TO PREMIER DURING TERM OF CORTES FEDERALES.

1. A change of Premier may occur as a result of retirement, incapacity, death, or resignation of a Premier.
2. A change of Premier may occur as a result of a predetermined, published, and well-defined power sharing agreement in which the post of Premier switches or rotates within the coalition, as determined by the power sharing agreement and the laws.
3. A change in the party or parties which form the basis of support for the government in the Federal Assembly may also occur during the life of a Cortes Federales.
4. In appointing a new Premier, H.M. the King invites the person whom it appears is most likely to command the confidence of the Federal Assembly to serve as Premier and form ­or continue­ a government.
5. It shall be the task of those involved in the political process, especially to the parties represented in the Federal Assembly, to determine and communicate clearly who that person should be, and to find a way to ensure there are arrangements to ensure continuity while that process finds a successor for the Premier.

PART IV.
SPECIAL PROVISIONS.

10. REQUIREMENT AND SPECIAL PROVISIONS FOR COALITION AGREEMENTS.

1. For the purposes of this Article, a coalition government is defined as follows:
   1. a government formed jointly by more than one officially recognized and registered political party.
2. Parties may decide to form a coalition government as provided by the Proclamation of Punta Santiago, the provisions of this Act, and the laws.
3. When a coalition government is being formed, a coalition agreement shall be required as a precondition for the formation of a coalition.
4. No coalition government may take office without a coalition agreement as required by the provisions of this Act, this shall be appropriately enforced by H.M. the King or by the appropriate courts.
5. A coalition agreement must be published as soon as the announcement of the coalition is made public, and contain:
   1. A basic structure of how disagreements will be handled;
   2. An outline of common policies and principles of governance;
   3. A basic agreement on collective responsibility;
   4. And any other processes as necessary within the requirements of the Proclamation of Punta Santiago and the laws.
6. When a coalition agreement is finally reached, it shall be published as a formal document signed by all parties to demonstrate coalition unity, to promote transparency, and to avoid different interpretations and misunderstandings.
7. The full and complete terms of the agreement must be made public and can be done in any number of ways, including but not limited to:
   1. a special booklet;
   2. a joint statement or press release;
   3. a joint press conference;
   4. on party newspapers, etc.

10. SPECIAL PROVISIONS ON THE DECISION MAKING OF SECRETARIES.

1. Secretaries or any other member of the Council of State should put before their colleagues in the Council of State the sorts of issues on which they themselves would wish to be consulted.
2. Secretaries or any other member of the Council of State should keep their colleagues in the Council informed about matters of public interest, importance, or controversy. Where there is uncertainty about the type of consideration needed, Secretaries or any other member of the Council of State should seek advice from the Premier and Vice-Premier. Similarly, departments should seek advice from the office of the portfolio Secretary, or from the Executive Civil Service.
3. Secretaries or any other member of the Council of State may wish to discuss with their colleagues in the Council whether the caretaker convention applies to a particular decision and how it should be handled. If Secretaries or any other member of the Council of State are in any doubt about whether the caretaker convention applies to a particular matter, they should err on the side of caution and raise the matter with the Premier or to the Council of State directly and entirely.
4. If a Secretary or any other member of the Council of State considers that a matter requires consultation with other political parties, the proposed consultation must be approved in advance by either the Council of State or the Premier.
5. The following matters must be submitted to the Council of State:
   1. significant policy issues;
   2. controversial matters;
   3. proposals that affect the government’s financial position, or important financial commitments;
   4. proposals that affect Nouvelle Alexandrie’s constitutional arrangements;
   5. matters concerning the machinery of government;
   6. discussion and public consultation documents (before release);
   7. reports of a substantive nature relating to government policy or government agencies;
   8. proposals involving new legislation or regulations;
   9. government responses to the press and public;
   10. matters concerning the portfolio interests of a number of Secretaries (particularly where agreement cannot be reached);
   11. significant statutory decisions;
   12. all but the most minor public appointments;
   13. international treaties; and
   14. any proposals to amend this Act.
6. Matters that should not, as a general rule, be brought to the Council of State include, unless an item falling into this list to the Council is significant or likely to be controversial:
   1. matters concerning the day-to-day management of a portfolio that have been delegated to a department;
   2. operational (non-policy) statutory functions; or
   3. the exercise of statutory decision-making powers (within existing policy) concerning individuals.

PART V.
FINAL PROVISIONS.

11. COMMENCEMENT AND APPLICATION.

1. This Bill shall apply to all of the Federation of Nouvelle Alexandrie.
2. This Bill shall not become law unless it has been given Royal Assent.
3. In the event any provision or part of this Bill is found to be invalid or unenforceable, only that particular provision or part so found, and not the entire Bill, will be inoperative.