So, here are my arguments for their removal and what to do with them.
Both should be removed from the Charter because they specify unnecessary detail to a document that outline the basic structure of the government. They are no different in caliber from the content of the Decreebook and Lawbook. As they outline specifics about the functioning of the government, by placing them in the Charter they are more difficult to change or edit when the need or desire arise. Both are also poorly written and hard to interpret in light of the rest of the Charter.
On the matter of the Equality amendment: Firstly it removty of the Landsraad to experiment with voting procedures. While Shireroth has traditionally used the 1 vote system as a default, we have also used many other system when we have found it amusing or necessary to experiment. The equality Amendment unnecessarily complicates and restricts the powers of the Landsraad to create and maintain its own voting procedures. The stipulation of the Kaiser's involvement in violating equality means that the Landsraad must seek the Kaiser's approval of alternate voting procedures, this creates an implied violation of the Charter by the Kaiser, who is then forced to interfere with the Landsraad ability to create and maintain its own procedures. The Kaiser will be forced to violate the charter in order to allow the Landsraad to have the power granted by the Charter to set its own rules. This Amendment creates a paradox.
Further, the awkward wording of the Amendment makes it difficult to properly interpret and apply to the nation as a whole, outside of its implications to the voting procedures of the Landsraad.
On the matter of the "right" to counsel, this once again removes from the Landsraad the power to specify the operation of the Judex system, as outlined previously in the Charter. It grants a specific Right to citizens without protecting any other Rights, which sets a dangerous precedent to the creation of a Bill of Rights, which would severely weaken the Kaiser, Nobles, Landsraad and security and peace of mind of this nation.
Further, the council amendment is so poorly written to possibly be self contradicting and negating. As a Former Arbiter, I honestly would have no idea what to do with the amendment as it is worded. The "without restriction" phrase makes the clause difficult to interpret and may even defeat the intended outcome of the author.
It is my recommendation that the Landsraad passes the following resolution:
It is the desire of the Landsraad, comprised of the Dukes assembled, to recommend to the Kaiser that the following two clauses be stricken from Article IV of the Charter:Should the Kaiser agree to grant this request, the Landsraad hereby orders the Praetor, as an Officer of the Landsraad, to grant approval to the Kaiser to amend the Charter as specified.Section B: Right to Counsel
No one shall be deprived of counsel of zir choice without restriction in any legal proceeding in Shireroth.
Section C: Equality of Dukes and Duchies
All Dukes and Duchies are equal under the Kaiser. No Duke or Duchy shall be deprived of it's equality without the consent of the Kaiser, the Duke of the Duchy concerned, and the Landsraad.
If the Kaiser wishes, the Landsraad assents to the notion of placing Section B within the Decreebook or Lawbook, or to place one or both of the clauses into the jurisdiction of the Landsraad to vote upon as two separate bills, and put into the Lawbook or Procedures of the Landsraad, as would apply.
