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Constitutional Draft
Topic Started: Apr 18 2015, 01:26 AM (1,198 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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Ainin
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Lazarene
<Ainin> I'm a bit iffy on the theme, but I like the structure a lot.
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Ike
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Minnowite Socialist
Interesting, very interesting. Especially the Convocation of Souls. What's the theme, and what are the colors?
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Eluvatar
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Lazarene
I think the theme is a combination of life after death and ancient Rome.

I think it might be wise to introduce something that would break up the group of 3 tribunes so that after the initial appointment of 3 they would be replaced in a rotation rather than simultaneously.
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Lazarus
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The theme is just generally undead/underworld. I think naturally our conceptions of the underworld are shaped by Greco-Roman religious ideas.

I think a staggered appointment of justices might be prudent. :)
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Benevolent Thomas
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Blessed of the Vale
I know I'm not a Lazarene (yet) but I'm hesitant on the idea of 4 consecutive terms being allowed. FDR is great and all, but lets keep in mind the influence that can be accumulated over a year of being the most highly endorsed nation in the region. I'd say a term limit of 2 consecutive terms would be good.

As for the Tribunal, an easy way to choose a Chief would to just make the most senior justice the chief. In theory, they'd have the most experience anyways.

With the proposed election set-up it would be kind of hard to implement a dream policy of mine. I think if the Councillor of Security was an electoral opponent of the elected delegate, it would be a refreshing change from the norm. Right now you'd probably have Delegates and CoS candidates running on joint tickets like Pres. and Vice Pres (in the modern US). If we went old-school US where the 2nd in line was an opponent of the elect, it may increase cooperation between the potential partisans of the region and appease members of the potential opposition party/coalition and increase regional loyalty, reducing the temptation to coup legitimate governments.
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Llamas
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*claps* ... I never imagined that this kind of constitution could even be *considered* in Lazarus. I'm proud to see that the region is learning from its past mistakes and moving forwards to a better future. o7

A recommended change, however: It seems like the CoS doesn't really have enough powers to justify it being an entirely separate office. Perhaps we should combine it with the office of Speaker, and give it over to whoever comes second in elections?
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Gulliver
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Lazarene
Llamas
Apr 18 2015, 07:03 PM
*claps* ... I never imagined that this kind of constitution could even be *considered* in Lazarus. I'm proud to see that the region is learning from its past mistakes and moving forwards to a better future. o7

A recommended change, however: It seems like the CoS doesn't really have enough powers to justify it being an entirely separate office. Perhaps we should combine it with the office of Speaker, and give it over to whoever comes second in elections?
However the office is filled, it shouldn't be who comes second in election since that's quite likely to be the winner's biggest opponent rather than someone representing the same majority block that voted for the High Councillor. There's a reason why this method of selecting the Vice President was immediately dropped in the United States.
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Benevolent Thomas
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Blessed of the Vale
True. I'd just like to avoid scenarios where the same power block of players switches off from HC and CoS.
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Eluvatar
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Lazarene
Benevolent Thomas
Apr 18 2015, 09:05 PM
True. I'd just like to avoid scenarios where the same power block of players switches off from HC and CoS.


As long as the CoS is neither appointed by the HS nor elected on a ticket with them, they are ultimately independent.

Ensuring this independence is realized in practice remains the responsibility of the electorate, of course.

The CoS and HS have quite different responsibilities and thus desired qualifications, and it is best for them not to be outright at odds. I haven't seen regions try a runner up as Vice Delegate arrangement, of course, but I really doubt it would work well. Independently electing the CoS is better than electing them on a ticket however, this I am certain of.

(All of the above should be taken as my advice to you all, seeking to be of assistance, but not as a political stance as a member of the region).
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