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.
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.
It exists. Except these mfs will not put the proposal to vote if they know it will not pass. Instead they try again and again to gather the votes.
> 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.