Senatus consultum ultimum on the Lex Didia Gemina de Potestate Tribunicia
SENATUS CONSULTUM ULTIMUM ON THE LEX DIDIA GEMINA DE POTESTATE TRIBUNICIA
I. This Senatus consultum ultimum is issued by the Senate under the authority granted to it under section V.E of the Constitution of Nova Roma.
II. It is issued to address the failure of the Lex Didia Gemina de potestate tribunicia (Lex Didia) to render a stable enough process to always withstand challenges to its overall validity and/or effectiveness, and its failure specifically to enact a process for the resolution of disputes over whether its terms and requirements have been fully complied with.
i. The section of the Lex Didia numbered as I. IVS SENATVS CONVOCANDI (The Right of Convoking the Senate) is overridden and amended to read:
"Any Tribunus Plebis (Tribune) may call the Senate to order, under the right granted in the Nova Roman Constitution section IV.A.7.d. Any Tribune doing so must convene, conduct and close session under the rules governing the internal procedures of the Senate, which are to be found in the SENATUS CONSULTUM DE RATIONE SENATUS MMDCCLXV"
ii. The section of the Lex Didia numbered as II.A is overridden and amended to read:
"Since the Ius Auxili Ferendi is a fundamental prerogative of a Tribune as set forth in IV. 7. A of the Nova Roman Constitution, in order for an act of intercessio to be valid the following procedure must be followed in each and every case where intercessio is pronounced by a Tribune."
B. The section of the Lex Didia numbered as II.A.1 is overridden and amended to read:
"When a Tribune pronouces intercessio, the written intercessio pronounced and posted must always comply with all of the following:"
C. The section of the Lex Didia numbered as II.A.1.a is overridden and amended to read:
"The official full Nova Roman name(s) of the citizen(s) who has requested the Tribune to pronounce intercessio must be included in the pronounced and posted intercessio. A Tribune shall not pronounce intercessio at the request of:
i. Former citizen(s) who no longer holds citizenship due to:
a. Resignation/renunciation of citizenship
b. Loss of citizenship under the terms of a Senatus consultum ultimum, Lex, or Senatus consultum
ii. Person(s) who has never been, and who is not at the time of the pronouncement of intercessio a citizen(s) of Nova Roma.
iii. Person(s) who are in the process of being processed as a citizen of Nova Roma, but where that process has not yet been completed and certified by the censors as such as per the terms of the Senatus Consultum on the Process of Approval of Citizenship.
iv. Person(s) who had their application for citizenship rejected by the censor(s)
v. Person(s) who had his/her citizenship invalidated by the censor(s) on grounds of fraudulent declarations in relation to identity (name, address, telephone number) or age (being in fact a minor applying without provided parental permission), or other fraudulent practices, or acts of omission in the application process. Tribunes should reference the Senatus Consultum on the Process of Dealing with Misinformation/Falsehoods in Citizenship Applications for instructions that are in place for the censors to deal with these situations."
D. The section of the Lex Didia numbered as II.A.1.b is overridden and amended to read:
"A Tribune shall not protect the identity of a citizen(s) requesting intercessio for any reason, by any means, device or method, including substituting his/her name for that of the citizen(s). The name(s) of the citizen(s) so requesting intercessio must be declared in order that any facts, claims, allegations, or other assertions made by the citizen(s), and on which the Tribune bases his/her pronouncement of intercessio, or supports such with, maybe scrutinized and verified, or disproved. The Tribune shall obtain the request for intercessio in writing, with the official full Nova Roman name of the citizen, sent from the email address recorded in the album civium for that citizen (in order to verify the authenticity of origin being a Nova Roman citizen, and that the request was not fraudulent, or made on behalf of another), and shall publish such a written request when he/she pronounces intercessio. The Tribune may not alter, edit or redact, or in any way change the email, which must be an exact copy of the one he/she received from the citizen. Absolutely no shielded, protected or anonymous intercessio requests shall be permitted. Only valid citizens who are eighteen or over can request intercessio. A Tribune cannot pronounce intercessio on behalf of future citizens of Nova Roma."
E. The section of the Lex Didia numbered as II.A.1.c is overridden and amended to read:
"If no citizen permitted to request intercessio under the terms herein so requests, then the Tribune may pronounce intercessio on his/her own behalf, and must clearly state such in his/her pronouncement of intercessio along with his/her official full Nova Roman name. He/she may pronounce intercessio on behalf of, and with the consent of, another Tribune just as he/she may with any other citizen at II.A.1.b above and under the same requirements therein that would apply to a valid citizen who is not a Tribune."
F. The following shall be inserted as a section of the Lex Didia numbered as II.A.1.d:
"The written pronouncement of intercessio must specify:
i.The official full Nova Roman name of the magistrate(s) against whose act(s) the intercessio has been interposed, together with the magistrate(s) title(s) in the format/spelling as specified in the Constitution. Only those magistrates as defined in section IV.A.1 to 9 of the Nova Roman Constitution can have intercessio pronounced against them by a Tribune. No other person than those magistrates, whether a senator, pontifex maximus, pontifex, augur, other official religious office holder, any other official of Nova Roma, or any private citizen can have intercessio pronounced against them by a Tribune.
ii. The specific actions of the magistrate(s) at i above. These must be actions that have already been performed at the time the intercessio is pronounced. Future actions that are predicted, implied, suspected or supposed shall not constitute grounds for an intercessio. All such actions must be within the time-frames specified herein for an intercessio. Past actions that have were committed at a time in excess of the permitted time-frames for intercessio shall not constitute grounds for an intercessio. An intercessio may not be pronounced against the actions of a magistrate acting under the authority of an item of legislation, or against the item itself (or any actions deriving automatically from that item), where the item was enacted in the past and the timeframe for pronouncement of intercessio has past, regardless of any violations that the Tribune(s) feel are currently occurring.
iii. If the pronouncement of intercessio is not against a magistrate, then it may only be pronounced against Senatus consulta, magisterial edicta, religious decreta, and leges. The Constitution excludes Senatus consultum ultima, therefore no intercessio may be pronounced against any Senatus consultum utimum, or edicta of consuls acting under the authority, and within the scope of a Senatus consultum ultimum. No Tribune may pronounce intercessio against the Constitution or any duly ratified amendment of the Constitution.. Debates, discussions, Informal or Formal Sessions of the Senate, contio periods, or voting periods in the Senate and comitia will not provide grounds in themselves for pronouncement of intercessio, as no action or legislation has yet resulted from such. Tribunes cannot predict a result of such, and on that basis pronounce intercessio. They must instead wait for actual and concrete results that meet the conditions of intercessio laid out herein. If however during procedural irregularities occur that meet all the conditions herein, then a Tribune may elect to pronounce intercessio.
iv. In respect of section IV.A.7.a of the Nova Roman Constitution "spirit" shall be the general intent or real meaning. This may only be discerned from the text of the item having intercessio pronounced against it. General intent or real meaning shall not be what is supposed, imagined, represented as a possible future outcome, testified to subsequently by the drafter(s) or the magistrate presiding over/sponsoring its original passage. Whatever the original possible general intent or real meaning might have been in the past, all that can be relied upon is the final text of the item, and only the general intent and meaning that can be so discerned clearly and unambiguously from such text. In order to assist in this process of discerning general intent or real meaning, and thus "spirit" all parties to an intercessio shall where necessary apply the process laid out in the Senatus consultum on derived meaning from legal authorities.
v. A pronouncement of intercessio against the actions of a magistrate, or against an item listed at section II..A.1.d.iii above, must clearly and unambiguously state in respect of a specific violation against the Constitution, or one or more Senatus consultum, magisterial edictum, religious decretum, or lex, or any combination thereof, which section(s) in each item are alleged to have been violated, including the section reference and the exact text of the allegedly violated section.
vi. A pronouncement of intercessio must clearly and unambiguously demonstrate how the alleged actions of a magistrate, or a specific section(s) of the item pronounced against, violated a specific section(s) of the Constitution, or of any Senatus consultum, magisterial edictum, religious decretum, or lex or combination thereof. The intercessio must include a summary of the action of the magistrate, based on any original request for intercessio, or written facts. Such a summary must be strictly factual and list actions, and shall not include inferences, suppositions, allegations, predictions or similar. In respect of an item pronounced against, the intercessio must include the section reference and the exact text of the violating section pronounced against.
vii. In respect of an intercessio pronounced against the actions of a magistrate, or a specific section(s) of the item pronounced against, which it is alleged violated the "spirit" of the Constitution, or of any Senatus consultum, magisterial edictum, religious decretum, or lex or combination thereof, the intercessio shall specify the general intent or real meaning derived through the processes herein above that they allege to be the substance of that "spirit"."
G. The section of the Lex Didia numbered as II.A.2 is overridden and amended to read:
"If the pronounced intercessio fails to include any one or more of the items required to be included as specified herein above, the intercessio shall be invalid. The time constraints of the Lex Labiena de Intercessione shall continue to hold such that, if a new intercessio is not issued before the seventy-two hour limit, counted from the time and date of the enactment of the item(s) or from actions of the magistrate(s), which occasioned the original intercessio, the Tribune shall issue no new intercessio pertaining to that item(s) or those actions."
H. The sections of the Lex Didia numbered as II.A.3, II.A.3.a and II.A.3.b are overridden.
I. The section of the Lex Didia numbered as II.A.4 is overridden.
J. The section of the Lex Didia numbered as II.A.5 is re-numbered to II.A.3 and amended to read:
"When a Tribune pronounces intercessio the procedures for ratification or voiding by the other Tribunes specified in the Lex Labiena de Intercessione shall be followed. There shall be no requirement that any other Tribune has to issue any statement on the validity or otherwise of the pronounced intercessio, other than his/her agreement or disagreement with the pronounced intercessio, but he/she may choose to do so."
K. The section of the Lex Didia numbered as II.B is overridden and amended to read:
"When administering the law in accordance with Article IV.A.7.d.3 of the Constitution, a Tribune must adjudicate in accordance with content of the current law, where law is as defined as those items that are specified in section I.B of the Constitution, in their ranked order of precedence. Administering the law shall be taken to mean to supervise the execution, use, or conduct of the law. It shall not imply, or confer, any right or power to perform actions under the law, other than those that are assigned to the Tribunes within the law."
L.The section of the Lex Didia numbered as II.C is overridden.
M. The section of the Lex Didia numbered as III. TRIBUNICIA POTESTAS (Tribunician Power) is overridden in its entirety.
N. The following shall be inserted as a section of the Lex Didia numbered as II.C.1:
"The pronouncement of intercessio shall be scrutinized by the consul(s) and inspected for compliance with the requirements herein.. The consul(s) must either accept or reject the intercessio and must state the reasons for doing so. Inaction on the part of a consul is not permitted. In a case where one consul accepts and one consul rejects, or where only one consul holds office (regardless of whether he/she accepts or rejects), the matter shall be referred to the Senate as per the process below. If both consuls reject then the Tribune may elect to request the Princeps senatus to summon the Senate into Formal Session, or if not the Tribune pronouncing shall accept the rejection and withdraw the intercessio. If both consuls accept the Princeps senatus may announce his/her intention to summon the Senate into Formal Session if there is clear evidence that the consuls have erred in their reasoning, based on alleged errors in law, or alleged misinterpretation of general intent or real meaning. If the Princeps senatus does not so announce such an intention, then if both consuls have accepted the intercessio, the actions of the magistrate are voided/cancelled, or the item pronounced against shall have no legal validity."
O. The following shall be inserted as a section of the Lex Didia numbered as II.C.2:
"Upon an intercessio being referred to the Senate the intercessio shall be suspended and no actions shall be voided/cancelled, or no item(s) declared to be illegal, until such time as the Senate meets in formal session, presided over by the Princeps senatus, and deliberates the matter and votes by way of simple majority. If the Senate votes to accept the intercessio then the actions shall be voided/cancelled, or the item(s) shall be declared to be illegal. If the Senate votes to reject the intercessio the Tribune pronouncing shall accept the rejection and withdraw the intercessio. The decision of the Senate shall be final and shall not be itself subject to intercessio."
IV. Upon enactment of this Senatus consultum ultimium:
A. The only lawful method of subsequently superseding, amending or repealing this Senatus consultum ultimum must be by way of a Senatus consultum ultimum, that must achieve an extraordinary majority before it can be enacted. Any other method or attempt shall be illegal and forbidden. The Princeps senatus may at his/her discretion replace the requirement above for an extraordinary majority with a requirement for a special majority, or a simple majority.
B. No other Senatus consultum ultimum shall be enacted where the proposed content of which conflicts, negates, overrides, limits or otherwise affects in a negative manner the contents and/or purposes of all or any part of this Senatus consultum ultimum, whether directly or indirectly other than by the method at specified at section IV.A of this Senatus consultum ultimum.
V. This Senatus consultum ultimum shall terminate on the 31st December 2022, unless it shall be terminated earlier under the process described at section IV.A of this Senatus consultum ultimum.