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Constitutional Draft
Topic Started: Apr 18 2015, 01:26 AM (1,205 Views)
Lazarus
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Mod Edit: Please note that this constitution is not meant to be the draft, necessarily. This is one proposal that was drafted during the NLO occupation, but the purpose of this convention is to find out where our region's values lie. Feel free to discuss this draft, or create your own entirely different drafts.


Preamble
The nations, resident in the region formerly called the Peoples' Republic of Lazarus, hereby solemnly and mutually agree with each other, to form themselves into a free, sovereign, and independent body politic, or state by the name of "The [Pretitle] of Lazarus".

Article 1: Citizenship

  1. Any person may apply for citizenship by providing the names of a resident nation in Lazarus and a World Assembly nation, and swearing an oath of citizenship established by law.
  2. The High Councillor will approve or reject applications for citizenship. If they reject an application, they will report the reasons for doing so to the Convocation. The Convocation may overturn such rejections by a two-thirds majority vote.
  3. Citizens whose nation leaves Lazarus voluntarily or ceases to exist, do not log into the regional forums for twenty-eight days or voluntarily renounce it will forfeit their citizenship.
  4. The Tribunal may remove the citizenship of a person convicted of a criminal offense.
  5. Citizens may not lose their citizenship for any reason not enumerated here.


Article 2: The Rights of the People

  1. All persons are guaranteed equal protection under the law.
  2. All persons are guaranteed access to the Regional Forums to the extent necessary to exercise their other rights.
  3. No person may be charged with a crime retroactively or declared guilty of a crime by law.
  4. All citizens will be guaranteed the freedoms of speech, conscience, petition and association so long as their exercise does not violate the rules of NationStates or the Regional Forums’ terms of use.
  5. No citizen may be ejected, banned or have their access to the Regional Forums restricted beyond necessary moderation without being publicly charged with a criminal offense and informed of the charges against them and their right to a trial.
  6. All citizens charged with a criminal offense will be guaranteed a swift, fair trial. They will be guaranteed the right to fair representation in such a trial and may not be forced to incriminate themselves.
  7. All nations will be guaranteed the right to hold up to fifty less endorsements than the greater of the current Councillor of Security's endorsement count and the previous Councillor of Security's endorsement count at the end of their term of office.
  8. All nations of Lazarus will be guaranteed sovereignty in their domestic policies and if a member of the World Assembly may not be compelled to endorse another nation.
  9. Citizens will not be considered necessarily deprived of any rights not enumerated here.


Article 3: The Convocation of Souls

  1. The Convocation of Souls will consist of all citizens and will be the supreme organ of government.
  2. The Convocation may adopt, amend or repeal laws by a majority vote.
  3. The Convocation may ratify or repeal treaties with foreign powers by a majority vote.
  4. The Convocation may amend this constitution by a two-thirds majority vote.
  5. The Convocation may adopt, amend or repeal procedural rules by a majority vote.
  6. The Convocation may recall any officer of the government for which a higher threshold is not established by a majority vote.
  7. The Convocation will elect a Speaker of the Convocation to administer its business and procedural rules.
  8. The Speaker may appoint any number of deputies to assist them in their duties. These deputies may be regulated by the procedural rules of the Convocation.
  9. A vote of the Convocation will be valid only if at least a quarter of its membership or five citizens participate, whichever number is lower.


Article 4: The High Councillor

  1. The High Councillor will serve as head of state and government.
  2. The High Councillor may negotiate treaties with foreign powers. No such treaty will come into force unless ratified by the Convocation
  3. The High Councillor will control the onsite delegacy of the region and will exercise its powers only as permitted or required by law.
  4. The High Councillor may appoint a Council of ministers to assist them in their duties. The Convocation may regulate the ministries of the Council by law.
  5. The High Councillor may veto a proposal of the Convocation to adopt, amend or repeal a law within a week of its passage. The Convocation may override such a veto by two-thirds majority vote.
  6. No person may serve more than four consecutive three month terms as High Councillor.
  7. The Councillor of Security will seek to hold the second most endorsements in the region.
  8. If the office of High Councillor is vacant or the High Councillor High Councillor is absent, the Councillor of Security will assume the duties of the High Councillor.


Article 5: Elected Officers

  1. The Speaker of the Convocation, High Councillor, and Councillor of Security will be considered elected officers.
  2. An election for an elected officer will be held if three months have passed since the previous one began, the office is vacant or the Convocation votes to hold one by a majority vote.
  3. Any person who is a citizen at the beginning of nominations for an election may stand as a candidate and vote in it.
  4. Voters will cast their ballots for a single candidate. If a candidate has a majority of votes, they will be elected to the office.
  5. If no candidate has a majority of votes, a runoff will be held between the two candidates with the most votes. The candidate with the most votes in the runoff will be elected to the office.
  6. All ties will be broken in favor of the candidate who has been a citizen for the longest continuous period up until the election.
  7. No person may simultaneously hold multiple elected offices.


Article 6: The Tribunal

  1. The Tribunal will consist of a number of at least three Tribunes, but a greater number may be established by law.
  2. If there is a current or impending vacancy on the Tribunal, the High Councillor will nominate a candidate to fill the vacancy.
  3. The Convocation may approve a candidate for Tribune by a two-thirds majority vote.
  4. An approved candidate for Tribune will serve a term of three months.
  5. The Tribunal will try all criminal and civil cases and determine the constitutionality of laws, treaties and government policies.
  6. The Tribunal will make its rulings by a majority vote of its membership.
  7. The procedural rules of the Tribunal will be established by law.
  8. The Tribunal will elect a Chief Tribune from among its membership by a majority vote to administer its business and procedural rules.
  9. The Convocation may remove any tribune by a two-thirds majority vote.
  10. No person serving as tribune may hold another other government office.


Article 7: The Gatekeepers [of the Dead]

  1. Any citizen who meets the endorsement and influence requirements determined by law may apply to become a member of the Gatekeepers.
  2. The Convocation may approve an applicant to the Gatekeepers by a two-thirds majority vote.
  3. The Gatekeepers will monitor regional security and report on it to the Convocation.
  4. The Gatekeepers will enforce decisions of the Convocation to remove the delegate.
  5. A line of succession beyond the Councillor of Security among the members of the Gatekeepers may be established by law.
  6. Gatekeepers who willingly cease to meet the endorsement and influence requirements determined by law will forfeit their membership.
  7. The Convocation may remove a member of the Gatekeepers by a two-thirds majority vote.
  8. The Councillor of Security will administer the business of the Gatekeepers.


Article 8: The Regional Forum

  1. The Regional Forums will be located at [URL].
  2. Violation of forum Terms Of Service and moderation policies will be the responsibility of forum administration.
Edited by Kazmr, Apr 23 2015, 05:02 AM.
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Replies:
Ike
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Minnowite Socialist
How long is a term exactly? I can't find anything in there about HC term times. If it's a maximum of 4 consecutive terms, I'd recommend 3 month terms so that the most you can do at one time is a year. Make sense?
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Lazarus
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That was a typographical error.
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Gulliver
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Lazarene
Actually, it was implied by the conditions for holding elections under Elected Officers, which requires an election to be held for any elected officer if three months have passed since the previous one began.

Putting the term length explicitly into the HC term limit clause doesn't hurt or change anything, though it could be interpreted as meaning that the term limits only applies to fully served terms. I don't know if that's what we want, or if we want it to be a term of any length.
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Lazarus
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That... Is actually a good point. I probably should have consulted with you first >_<
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Campinia
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Lazarene
Quote:
 
Article 9: The Lazarene Liberation Army

The [Pretitle] of Lazarus is a region that desires peace both home and abroad. The People of Lazarus do not want to be invaded, and thus the People's Army does not engage in the hypocrisy that is inherent in invading. The Lazarene Liberation Army is the shield and fist of the people. It strives to realize both the goals of domestic security and foreign peace.

1. The Lazarene Liberation Army shall be the military of the Lazarene People. It shall be tasked with protecting the region from armed subversion and defending both our allies and innocent regions from aggression, while also seeking to educate and aid vulnerable regions so that the regions may be sovereign in their ability to defend themselves.
2. The Lazarene Liberation Army shall be a defender military. It may not participate in raids or invasions, save for regions that feature an official "warzone" tag on NationStates.
3. The High Councillor shall be the Commander and highest authority in the Lazarene Liberation Army. The General of the Lazarene Liberation Army shall be the second highest authority in the military.
4. All military protocols, institutions, procedures and rules save for those not outlined in this document shall be set by the Chairman, the General and any nations who either of the aforementioned officials have granted authority to.


Yes/no?
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Benevolent Thomas
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Blessed of the Vale
Maybe leave an opening for invasion as an act of war maybe?
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Lazarus
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Gulliver and I had agreed that we should keep the military as something that is added as a statutory law. However, if there is enough desire for it to be in the constitution that is doable. :)
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The Church of Satan
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I HAVE CHORTLES!
I think it should be in the constitution. In the unlikely (but entirely probable) event that someone were insane enough to rally support from new "citizens" (as in foreign people) to get rid of it from statutory law, they could be successful much easier. Changing the constitution however takes much more effort.
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Benevolent Thomas
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Blessed of the Vale
Funkadelia
Apr 20 2015, 06:57 PM
Gulliver and I had agreed that we should keep the military as something that is added as a statutory law.
I actually prefer this. While it does leave the door open for an invasion force being formed, it also leaves neutrality as a military policy option. GCRs don't necessarily have to have militaries to be active or successful.
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Gulliver
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Lazarene
An original draft actually had the military in the constitution, and the commander in chief elected separately from the Delegate to further divvy up power, but as Funkadelia noted after deliberation decided it would be better suited for statutory law. I'd like to know what other people think so we can form a better idea of what the region wants.
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