Several things come to my mind —
1) This thread is
supposed to be a discussion on a way to overcome limitations of "absolute vetos" on the part of the SC on constitutional amendments. Since that is the topic, I'll start with my opinion on it, which is not really a surprise to many.
Digging almost-2-year-old information from the forums is a hard task, well beyond my abilities, so I have to quote by heart. The issue of the "absolute veto" was discussed at the very beginning of Neualtenburg; I remember that my own suggestion was that there should not be "absolute vetoes", but that all vetoes could be overruled by a 2/3 majority.
One of the major principles in democracy is the art of compromising. At that time, I felt that I should not insist too much on the "overruling" notion. There was one practical reason for that: the Constitution, at least, should be stable enough; the RA should legislate, not amend the Constitution; the group was in its earlier stages, needing first to achieve both maturity, but more importantly than that, stability. During these stages, having "absolute vetoes" would ensure that there would be always a compromise between the three branches; none of the others could deviate much from the Constitution, until we got a fairly stable basis to work with.
Another major principle in democracy is, however, its adaptability — one of the "lesser evils" we gain from democracy is that it changes as the population changes. Other forms of government promote a static society: one where its rules are written in stone and immutable, and thus forcing the society to stagnate. Democracy is about being agile and flexible: giving it the required tools to shape a changing society, and be changed by the society that evolves.
This mostly means that what was good for Neualtenburg in 2004 is not necessarily good for Neualtenburg in 2006. So many things have changed! From group-based, tiered land, to ownership of an island, and a second one coming up; from an orientation towards building a lovely city — which was ever the major drive — to a new focus on expanding business relationships, creating new opportunities, promoting the arts, establishing schools, and defining the roots for a legal system. In the mean time, people have come and gone; new, "fresh blood" has come to Neualtenburg, questioning past choices, and proposing new ones. The younger citizens are the boldest ones and the ones driving the city forwards in time — hopefully by still listening here and there to the past experiences of the "oldtimers" who watched it grow.
What this means is that Neualtenburg has changed — as it was supposed to do — and that we still have the tools to adapt to those changes.
In a sense, the concept that "everything was written in stone since the beginning of time" is naturally skeptically questioned — and very rightly so. One mark of the RA's current term of office is to correct first what was unclear (or blatantly incorrect) and to introduce new concepts which were simply not necessary on the time we had a tiered, group-owned half-sim. Also, from a handful of laws that were passed here and there, we have grown to the point that 5-6 new laws are introduced every week; and new bodies have emerged — the MoCA, the School — that now need to produce their own documentation. The City grows. It's grown far beyond the original thoughts. It also gets more complex.
What many citizens have experienced in the past is that there are certain things in Neualtenburg that have prevented growth, expansion, and change. One of them was definitely the dubious position of the Scientific Council. Did it participate in the legislative process? It was not clear — so this was clarified. Did it stifle growth, by promoting stagnation through blindly following ancient rules? Well, if it did, it should encourage growth and change instead. This was dealt with. Did it use bureaucracy and cross-references to ancient comments buried deep in forum discussions? Well, then, new forms of recording were introduced, as well as new models to evoke "precedent" into a clear, transparent form, which would be easily accessible. Step by step, all branches in the City Government evolved to adapt to circumstances — none was exempt from change.
One of the biggest changes, if you pardon my arrogance for claiming some merit in the choice, was bringing very bright and intelligent people into the SC, with contradicting opinions. While the RA is elected, and can thus reflect better the views of the citizens, the SC could easily become the "elitist oligarchy" so many have feared — if only a certain type of individual would be ever asked to become a member of it. You have publicly seen how Aliasi and Dianne, both members of the SC, can disagree on the same issue, but still be proudly part of the same SC. Perhaps it's not so clear to many how often Diderot and I have completely disagreed on the same issue, and stubbornly argued against each other — mostly in-world, in public spots. And Flyingroc sometimes managed to disagree with us all

This is actually the
strength of a body that is supposed to have one of the hardest tasks in Neualtenburg: emitting a fundamented opinion on the
interpretation of the Constitution.
One might consider that task impossible: 5 heads have 5 different opinions. But that is the whole point; a strong SC is not an SC that only has a single opinion — very likely, one that hangs desperately onto a past that doesn't resemble at all the dynamics of the present (yes, I know — I tend to be the one clinging to the past

That's my role in the SC...). Instead, we have a group of individuals, each one with a certain opinion, and often disagreement as to the "right course".
What saves us is the first rule of democracy: learn to compromise. Absolutes do not exist, like Obi-Wan tells us: "Only the Sith deal in absolutes." There is no
absolute way to interpret the Constitution; there is no "right" way and no "wrong" way. The way it's interpreted depends on time, space, and the person doing the interpretation.
If we assume that, as a body of independent sentient beings (instead of "yes-men" and -women echoing the Voice of the One), we will always have different opinions, we can at least recognize that each and every one of us has the right to interpret things as they think it's best. I personally can only hope that, by joining fascinating, but very different people, in the same group, we not only represent differing views and opinions on what Neualtenburg means for each of the citizens, but that the SC, as a body, is also able to present to the rest of the citizens the valuable gift of the art of compromising.
Back to the issue of having referendums as a means to overrule the SC's veto. Personally, I think that the major point is not if the SC has (or not) "absolute power" to interpret the Constitution. What is important to me is that the body that has this power does not abuse it. If this power remains with the SC, it has to be balanced — I hoped that having a body of very different individuals would be enough to make sure that this would be enough. Differing opinions at the SC level would mean that the exercize of the veto power would not be abused; on the other hand, it would provide a successful means of preventing the RA to go the easy way of amending the Constitution every other day to their whim. The process of amending the Constitution, like both Claude and Dianne have defended, should be a difficult one, specifically on the changes that would affect the balance of powers.
The RA's current proposal wishes to shift the ultimate power to make amendments unto the citizens themselves, by means of a referendum. While I can't in principle oppose that concept — since someone, more patient than myself, might look up the very old post I made defending that very same concept around October 2004 or so — I would certainly strive to make that ultimate power very difficult to wield. That way we can hopefully attain some measure of balance.
Thus, I can only suggest the following draft for the amendment:
- If the SC vetoes a Constitutional amendment, the RA has the option of calling a referendum to override that amendment (and only in those cases)
- The RA has to vote unanimously by all its members to call the referendum to specifically override a SC constitutional veto
- The referendum will pass with a vote by a majority of 2/3 + 1 citizens (yes, that's total citizens)
- Only one referendum can be called per term, or 6 months, whichever is longer (this was actually something I suggested during one of the RA sessions where this issue was raised)
There will be no "legislative referendums"; only advisory ones, to be called by the RA by a simple majority vote, and having no binding effects (note that this is just to officialize what else we would call a "forum poll"

.
In particular:
- There will be no "direct democracy", ie. binding referendums on legislation
- Approval of constitutional amendments is through the SC, not the citizens (thus clarifying where the power of approval lies); citizens can only override an SC's veto in the case of an SC veto on constitutional matters
- This will encourage the RA to approve a series of constitutional amendments
at the same time, because they will be able to call a referendum to override the SC's veto just
once. The idea behind this is that if it's hard to get a whole set of changes to pass the SC, it will be even harder to do that through a referendum (there will always be citizens disagreeing on one or two points). On the other hand, a
critical issue that must pass, as demanded by most citizens, and is being stubbornly refused by the SC, will very likely succeed to win the citizen's votes
- This encourages compromise instead of a show of strength, but it gives the RA an escape route if the SC is refusing compromise
As always, remember that today's interpretation is probably changed tomorrow, as the needs of N'burg change...
2) I hardly view that the SC "is on hiatus". It's true that we're just now handling our first trial case (a difficult one, because technically the SC only has jurisdiction over its own sims and its citizens, of which the status is not always clear), and thus the whole "judiciary branch" has not had much to do — but that's a consequence of the generally law-abiding folks we have around Neualtenburg (I would hardly be whining for the lack of an unruly mob to deal with

).
The other function of the SC is the constitutional interpretation of the legislative aspect of the RA, and I don't see that the SC is "on hiatus" on that. Just by not jumping at every tiny itty bitty detail that the RA has been incorporating on the Neualtenburg Code of Law does not mean the SC is ignoring them; what it means is that all laws so far have been much in tune with the current understanding of the Constitution, as interpreted by most of the SC members (as you can see from the SC meeting transcripts, "most" does not mean "all" — yes, we disagree! Publicly!).
I might remember that officially the SC has only once vetoed one single bill in the past; this current proposed amendment might, as a matter of fact, be the second one (in eighteen months or so) to be vetoed, for obvious reasons — although this will require the SC to agree upon first — if the RA does not change the wording.
On one thing there seems to be unanimous agreement: both the SC and the RA — and I would also think that the Guild agrees as well! — believe that there is a certain degree of change that has to be brought to the way the City Government works. It's only natural that this change comes at a time of growth and expansion, where so many things are being questioned. Allowing change, and not fearing the results of that change, is a sign of maturity. I'm all for it — and just happy to make sure there is no deviation from established procedures. Justifications on the current trend and work of the SC can be glimpsed on the publicly posted meeting transcripts on the Wiki.
Still, anyone's opinion on the current work of the 5-member SC is naturally welcome.
3) Due to the nature of the quasi-impossibility of digging information out of the forums, I find that some people really have such short memories. People have actively tried to sabotage Neualtenburg in several ways — in-world unruly behaviour, sim bombs, the "cat plague" (Sudane, do you remember that?

), or, more often than not, by mere words and not much action — by publicly dragging the good name of Neualtenburg into the mud.
All it takes is a good, solid understanding of the English language; practice in rhetorics; and years of experience with online forums (to know how far one can push the line).
Yes, we have been victims of all the above, both in-world and on the forums. In-world we dealt with it by removing offending objects, calling in the Lindens when we could not remove them, and abuse reporting the offenders, adding them to the "ban list" until the Lindens dealt with it; on the forums, which have been established as being under the moderation & control of the SC as the
de jure judicial branch, people's comments have been edited, deleted, and people refered to the Lindens to eventual suspension.
Of those that were excluded, history has been harsh: they have been quickly forgotten. Their ranting on other forums or in-world conversations have subsided after a while. Forum drama only captures the attention of a very few, and for little time, unless it gets repeated over and over again — in that case, we all know where this leads: sooner or later, people get permabanned from the forums. That's beyond our powers, and the prerrogative of the Lindens.
To clarify, Neualtenburg law does only extend to the borders of the sim(s) held by the City Government, and to its citizens. We are unable to "press charges" against visitors, welcome or not. The only "sanction" that the City Government has to apply to potential threats against its integrity is suspending their right of visiting; technically, in SL terms, this means adding people to the sim ban list.
What the SC will now do is the following:
- review the reasons for suspending the access to Neualtenburg
- hear the citizens that feel they have been wronged, or libeled, and listen to their pleas
- ask the non-citizens involved if they're willing to be heard in a Neualtenburg Court of Law (since their participation is entirely voluntarily, they're allowed to decline to participate, and the decisions will not be binding to them)
- interview supporters of the decision to revoke the suspension
- try to do it as quickly as possible
- keep or revoke the suspension, as appropriate; and instruct further processes if it's the case
Notice that as per the last SC meeting, it was established that these proceedings will take place in private, and only after the hearing will these be publicly posted.
Also, a suspension is always a preventive measure, following fair warnings that have been amply given in the past.
I should also remind some of the citizens on this thread that some wordings you've employed are also liable to eventual accusations of difamation; non-citizens are allowed to ask for a trial by the SC on those.