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Constitutional Draft
Topic Started: Apr 18 2015, 01:26 AM (1,203 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:
Harmoneia
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Mhysa
How is electing the cabinet unsustainable activity-wise? Because on the contrary, does it not actually stir more activity?
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Matkesune
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Wordsmith
If the issue is between an elected and non-elected cabinet, why not both? Your elected leader brings in half of the cabinet with him/her, chosen at his or her discretion, and the rest are elected by the people themselves, allowing a balance to be struck.

May work, may not.
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Gulliver
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Lazarene
I'm unsure about an entirely elected Cabinet. An alternative option would be a polypersonal executive with different elected offices in charge of different fields of policy. The original draft of this particular proposal, for example, split up the roles of Delegacy/foreign policy, internal policy and military policy into three separate, elected executive offices, but that was dropped from the very we decided to share.

I also think a Constitutional Convention would be great, though we're informally having one already as it is I think.
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Cormac
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Lazarene
I meant to say this in my last post, but I would support a constitutional convention as well.
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Funkadelia
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Isn't this a convention?
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Wintermoot
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Like Love At First Sight <3
No, it's a discussion on this particular Constitutional draft. Since this was the only Constitutional discussion going on, I got the impression that this was *the* draft and that we were only discussing changes to this draft, which led to my original question...

A Constitutional Convention forum might open up the discussion further and encourage other alternative drafts.
Edited by Wintermoot, Apr 22 2015, 09:04 PM.
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Gulliver
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Lazarene
Ainin
 
Any person may apply for citizenship by providing the names of a resident nation in Lazarus and a World Assembly nation, swearing an oath of citizenship established by law and meeting any further requirements set by the Convocation at a later date via statute.
I don't feel strongly about this either way, I don't know how other people feel.
Ainin
 
All persons are guaranteed safety from arbitrary, invasive or unreasonable interference in their personal dealings or attempts to use the Regional Forums for communication.
I'm not sure this is necessary. Is there a particular type of abuse you're worried about?
Ainin
 
All citizens are guaranteed the freedoms of speech, conscience, petition and association insofar as their exercise does not violate the rules of NationStates, the Regional Forums’ terms of use or reasonable restrictions codified in law that protect peace, order and good government, and are acceptable in a democratic society.
I feel very uncomfortable about permitting exceptions to the right of free speech to be written into law. It strikes me as very abusable.
Ainin
 
All citizens are guaranteed the right to air their legitimate grievances before the Convocation and a competent court of law.
This already falls under the right of petition in my view.
Ainin
 
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 or to present evidence or testimony to the effect thereof.
I believe this is implicit in the right against self incrimination.
Ainin
 
No Lazarene shall be coerced or force to commit an act in any way that runs contrary to the principles of a democratic society.
I like the sentiment behind this but as worded it's very vague and hard to interpret, especially "principles of a democratic society".
Ainin
 
  1. The Tribunal will try all criminal and civil cases.
  2. The Tribunal shall have the sole power to engage in judicial review of legislation enacted by the Convocation, and may invalidate statutes that are contrary in letter or spirit to the Constitution of Lazarus and other documents of constitutional importance.
  3. The Tribunal shall have the sole power of statutory interpretation, and shall have the authority to declare with the force of law the specific meanings and definitions of ambiguous or inconsistent wording in law.
This I agree with, and in fact should have already been in the previous clause (it might have gotten cut off by accident). I could propose changing "The Tribunal will try all criminal and civil cases" to "The Tribunal will try all criminal and civil cases and judge the constitutionality of laws, treaties and government policies."
Ainin
 
[*]The Convocation may remove any tribune by a two-thirds majority vote if they have engaged in judicial corruption or maladministration, do not meet the activity levels necessary for such an office or have been indicted of a criminal offence,.
I agree that these are the reasons a tribune should be removed, but I'm worried this addition really isn't enforceable in practice.
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Kazmr
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Lazarene
I was planning to post my own constitutional draft hear, one which follows a lot of my ideas, but it sounds like we're leaning towards a convention. Is that the case? If so I'll probably hold off until then.
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Harmoneia
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Mhysa
Not sure if you can see this but I was thinking something along the lines of this:
Http://z8.invisionfree.com/The_West_Pacific/index.php?s=859e3b149e4d15f134b12397890e987d&showforum=151
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Gulliver
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Lazarene
I'm not sure. I was hoping that if the permissions could be sorted out that I could start setting up polls for the points people have been discussing to get a better sense of that they want.
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