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.
> 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.
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.
Yes; they could amend the definitely-not-a-constitution (for branding/eurosceptic-appeasement reasons, the EU constitution was rebranded as the Lisbon treaty before adoption). Arguably such a right may exist already and this legislation might find itself on a collision course with the ECJ if it passed (notably the ECJ nuked _another_ intrusive law, back in the day: https://en.wikipedia.org/wiki/Data_Retention_Directive).
In some ways yes but we've already seen with covid that governments are happy to behave unconstitutionally even when it's clear they will eventually lose in court - by then their targets have already been dragged through the mud.
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.
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.
...which Republicans swore up and down was temporary and yet, oddly, kept getting renewed wirth no evidence whatsoever it was necessary to stop a planned terrorist attack or that it would have stopped the WTC attacks themselves.
I bet 90% of the population or more has no idea that the Patriot Act was dumped and replaced with the nearly identical FREEDOM Act. Which took multiple tries to pass because they knew if they just kept hammering away, they'd eventually get it passed.
Yeah, they called a wildly invasive domestic spying bill the "freedom" act....
Yeah I have a feeling this thing is gonna be exactly like that. Even if this doesn't pass, they'll just rename and repackage it and try again until everyone gets fatigued enough and doesn't have energy to oppose it anymore
