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[Draft] Kazmr's Constitution | |
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Tweet Topic Started: May 3 2015, 08:48 PM (569 Views) | |
Kazmr | May 3 2015, 08:48 PM Post #1 |
Lazarene
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Note that this constitution doesn't include a theme because it isn't meant to be tied to one. It explicitly includes language that allows the Legislature to set a theme. I have also, in quotes after each article, included 'annotations' to give my reasoning and any potential alternative versions Article I - On Citizenship 1. Any person may apply for citizenship in Lazarus on the official forum by providing their current nation in the region, their current World Assembly nation, and by swearing an oath of citizenship to be determined by the Legislature. 2. Nations who have held a World Assembly nation in Lazarus for more than a year consecutively, who are endorsing the delegate, and who have not been convicted of a crime are also entitled to the rights of citizenship. They may exercise voting rights either on the forum or through telegraming the speaker of the Legislature or another nation so designated. -A. Nations exercising citizenship rights through this method may only run for elected office if they have an account on the official forum. 3. The delegate shall have the power to approve or reject applications for citizenship on the forum. An explanation for rejection must be posted at the time of the decision in the Legislature. The Legislature may override such rejections with a 2/3 majority vote. -A. Should the delegate be unable to process citizenship applications, they may publicly designate a citizen with forum administrator privileges to do so. In this instance, approvals may also be overturned by the Legislature with a 2/3 majority vote. -B. Should neither the delegate nor a designated individual approve a citizenship application within two weeks, the Legislature may approve it with a simple majority. 4. Citizenship may be voluntarily forfeited. Citizenship is also lost 24 hours after the following circumstances: -A. A citizen's nation leaves Lazarus and does not return. -B. A citizen's nation ceases to exist. -C. A citizen under Section 1 does not log in to the regional forum for a period of 28 days. -D. A citizen is convicted of a criminal offense whose punishment is set by the courts as loss of citizenship. 5. A citizen may not lose their citizenship for any reason not enumerated in this article.
Article II - On the Rights of the People 1. All residents of Lazarus, hereafter referred to as persons, are entitled to equal protection under the law. 2. All persons are guaranteed freedom of speech and peaceful association and assembly. 3. Access to the regional forum and message board shall not be infringed for reasons beyond violation of the law or terms of service. 4. No persons, save those who violate site terms of service or whose easily identifiable purpose is the distribution of spam, shall be banned from the region or the forum save by the decision of the Judiciary following a publicly visible criminal trial. 5. All persons are guaranteed the right to defend themselves or designate an attorney in a trial. 6. All persons are guaranteed the right to a swift and fair trial, and they may not be forced to incriminate themselves. 7. All persons are guaranteed the freedom to manage their nation's domestic affairs in the method they see fit, including World Assembly voting and endorsements. 8. All nations shall be permitted to maintain the following endorsements counts. The legislature may establish a higher cap or revert a cap to the following by simple majority vote. A. 30 for all residents of Lazarus. B. 50 for nations endorsing the delegate. C. 70, or 60 fewer than the delegate, whichever is higher, for citizens by forum application or extended residency. 9. No person shall be tried ex-post-facto.
Article III - On the Legislature 1. The Legislature shall consist of all citizens and is the supreme governing authority of Lazarus. 2. The Legislature may approve, amend, or repeal laws by a simple majority vote. 3. The Legislature may approve, reject, or repeal treaties with foreign powers negotiated by the executive by a simple majority vote, unless a treaty contains a clause pertaining to its method of termination. 4. The Legislature shall have the sole power to amend the Constitution and may do so with a 2/3 majority vote. 5. The Legislature shall have the power to recall any official of the government with a simply majority vote, or with a 2/3 majority vote for elected officials or those approved by the legislature. 6. The Legislature may adopt its own procedural rules, and may do so with a simple majority vote. 7. The Legislature shall elect a speaker every four months who shall oversee the execution of procedural rules, organize votes, and facilitate discussion. 8. The Legislature is responsible for establishing a legal code. 9. The legislature may establish a Regional Theme with a 2/3 majority vote. A Theme may introduce descriptive terms for the names of offices and bodies included in this document, but shall not be construed to change the meaning of any articles or sections. 10. The speaker may appoint deputies to aid in their duties as enumerated in the Legislature's procedural rules 11. A majority shall be determined only from the citizens who cast a vote or officially declare abstention.
Article IV - On the Executive 1. The chief executive of the region shall be the Delegate, who shall hold the seat in the region barring matters of security. 2. The delegate shall be elected every four months and may only serve two terms consecutively. 3. A Vice-Delegate shall also be elected independently of the delegate whose sole duty, unless others are created by law, is finish the Delegate's term should the sitting delegate be removed, leave the region, or cease to exist. The Vice-Delegate shall be responsible for 4. The delegate may appoint members of their cabinet, who must be confirmed by a simply majority vote in the legislature. 5. The cabinet shall consist of at least the General of the Army of the Lazarene Liberation Army, a Minister of Internal Affairs, and a Minister of Foreign Affairs. Other cabinet-level ministries may be created by the legislature. 6. The legislature may pass laws regulating the business of the ministries. 7. The delegate shall have the ability to veto statutory laws passed by the legislature within one week of passage. A veto may be overturned by a 2/3 majority of the legislature.
Article V - On the Judiciary 1. The Judiciary shall be composed of at least three justices, though more may be established by law. 2. Justices may not serve as cabinet officials or as the speaker of the Legislature. 3. Justices shall serve four month terms and are appointed by a 2/3 majority vote in the legislature. 4. Should a Justice be vacant the legislature shall appoint an individual to serve the remainder of their term by a 2/3 majority vote. 5. The Judiciary shall try all civil and criminal cases and determine the constitutionality of laws, treaties, and government policies by a majority vote of its membership. 6. The procedural rules of the Judiciary shall be established by the Legislature. 7. The Judiciary shall elect a Chief Justice from amongst its membership by majority vote. 8. The Chief Justice shall be responsible for overseeing the administration of the Judiciary's business and procedures.
Article VI - On Security 1. Up to three Endorsees shall be responsible for maintaining security in the region. 2. Endorsees shall hold an endorsement count below the Vice-Delegate, and are permitted to go beyond the cap established in Article II. 3. Endorsees shall be appointed by a 2/3 vote in the Legislature, and may not be a member of the delegate's cabinet. 4. Endorsees shall have their position confirmed by the Legislature every three months. 5. Endorsees shall be responsible for removing the delegate should they be removed by vote of the legislature.
Article VII - On War and Military Affairs 1. The Lazarene Liberation Army shall be the only military organization based in Lazarus. 2. Citizens of Lazarus are permitted to serve in foreign militaries provided they are not currently in a state of war against the region. The Lazarene Liberation Army may decide to exclude further foreign military organizations from its ranks. 3. The General of the Army shall be the operational commander of the Lazarene Liberation Army and shall serve on the Delegate's cabinet. 4. The General of the Army must be an active duty officer in the Lazarene Liberation Army. 5. The Lazarene Liberation Army shall have two classes of ranks. These shall be officers and enlisted personnel. A. Active officers of the People's Republic of Lazarus' Lazarene Liberation Army shall, upon the adoption of this Constitution, become officers of the Lazarene Liberation Army. B. Officers may establish further ranks within either class by simple majority vote and determine the method of reaching each rank and of promotion to officer status. 6. The General of the Army may dismiss any member of the Lazarene Liberation Army. This may be overridden by a two/thirds majority vote of existing officers at the time of dismissal. A. Loss of citizenship shall result in dismissal from the Lazarene Liberation Army and forfeiture of an officer commission. 7. Votes among officers shall be tallied based on the number of officers voting. 8. The General of the Army may accept applications to join the Lazarene Liberation Army as an enlisted member. 9. Lazarus shall enter a state of war with a foreign region or organization following a simply majority vote in the legislature or a declaration of war being received by the Delegate. 10. The Lazarene Liberation Army may not raid outside of Warzone regions or regions involved in an ongoing war with Lazarus.
Previous version Spoiler: click to toggle Article VIII - On the Forum and Flag 1. The regional forum shall be located at http://nslazarus.com/archive/NSLazarus/index/ 2. The administration of the forum outside matters covered in the Constitution shall be the prerogative of its administrators. 3. The regional flag shall be located at (INSERT HERE). It may be changed for a period of up to a week at a time for cultural events.
Edited by Kazmr, May 5 2015, 04:01 AM.
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Loftegen | May 3 2015, 09:17 PM Post #2 |
Supreme Autocrat
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You've done a super job here, Kazmr! All my concerns with the old draft have been addressed either to my satisfaction, or in ways I can live with. Well done! As far as a theme goes, instead of writing a theme into the text, how about adding an article saying that "The legislature may adopt, change, or recind themes for the region by simple majority vote. descriptive terms for government offices and officers may be changed to suit the theme, so long as the law adopting the theme clearly defines the new term as pertaining to the constitution." For example, in a law adopting an undead theme, you might find, "The term 'The Army of the Risen Dead' may be used in place of 'The Lazarus Liberation Army' for the duration of the theme. No other changes are implied, or are to be inferred, on the basis of the theme term." That would be easier than changing the constitution every time the theme changes. |
Kazmr | May 3 2015, 09:20 PM Post #3 |
Lazarene
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That's actually a really good idea Loft! I'll get about writing an article for that probably under the legislature. I think maybe 2/3 majority vote may be good, personally, since it might prevent frequent changes (I think TWP has a law, or had one, that let them change the name of the legislature by simple majority and they used it a lot; I would prefer, to keep things consistent, that we let it take a bit more time). Thanks! |
Deadeye Jack | May 3 2015, 09:23 PM Post #4 |
Lazarene
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I'm not totally against off forum citizenship but I have some concerns about how it would need to operate in order to be a trustworthy aspect of regional governance. What are our assurances that the will of said off forum voters is carried out by the go between. There'd need to be documented proof on votes so that the designee delivering the vote does not use these votes to swing things his/her way. I guess I'd also wonder how things will be affected if people are voting on things that they don't really have the background for to make an informed decision. The outcomes could end up less than desirable especially if the only part of the democratic process such off-forum citizens want to partake in is voting. Debate and discussion in this democratic process should be open not secretive. Otherwise I like the draft and agree that any theme should be able to be plugged into these constitutions |
Benevolent Thomas | May 3 2015, 09:26 PM Post #5 |
Blessed of the Vale
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21:35:45: <BenevolentThomas> why not have a regional theme that changes every 6 months? 21:35:52: <Funk|Mobile> LOL 21:35:54: <BenevolentThomas> we vote on a new theme bi-yearly 21:35:56: <Funk|Mobile> Christmas land 21:36:07: <Funk|Mobile> I really don't think having an ever changing theme would be fun 21:36:09: <BenevolentThomas> we keep the same gov, but change the forum/flag colors and the titles of our offices 21:36:12: <Funk|Mobile> I want something to be invested in 21:36:19: <BenevolentThomas> I'm just trying to be more like Codger 21:36:21: BenevolentThomas cries 21:36:21: <Funk|Mobile> That's why I liked the PRL so much 21:36:26: <Funk|Mobile> Because I was invested in the culture |
Deadeye Jack | May 3 2015, 09:28 PM Post #6 |
Lazarene
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I'm not for a constant changing of a theme either. We should be invested like Funk suggests. However, I've yet to feel inspired by the themes in other constitutional drafts |
Kazmr | May 3 2015, 09:34 PM Post #7 |
Lazarene
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As for assurances, there are a couple ways we could go around it. One might be to ask them to, say, post it publicly, perhaps in the RMB. That, though, could cause a bit of confusion in discussions there. We could also have two designated individuals to TG and a requirement that they publicly post votes received to be cross-checked. It could also be a shared nation that several individuals have access to, although that does introduce a bit of risk on-site. Perhaps the forum admins? They're trusted enough on most forums to at least have oversight over individuals who collect PM votes. Regarding background, I would hope that at the very least a link to discussion is included in any info on where to vote. That at least should provide info on getting informed. Frankly, plenty of regions have votes on things where not everyone knows what they're talking about or is informed even with forum participation, so I think giving them the same resources visible (IE making sure the legislative forum is viewable logged out), and maybe encouraging them to TG people or stop by the IRC if they really have questions, could go a long way to mitigating that. Re BT: That's why I suggested a 2/3 vote, equal to amending the constitution. It makes it changeable without forcing us to change the entire constitution, but makes the threshold high enough that it would be clear the present theme isn't working out. Edited by Kazmr, May 3 2015, 09:35 PM.
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Ivo | May 3 2015, 09:39 PM Post #8 |
Lazarene
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Why is it necessary to write an endorsement cap into law at this moment? Shouldn't the legislature be the ones to decide the exact number or percentage, and pull it in as a future amendment? |
Benevolent Thomas | May 3 2015, 09:43 PM Post #9 |
Blessed of the Vale
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good point Ivo. Maybe endorsement caps should be legislated instead of constitutionally mandated? |
Kazmr | May 3 2015, 09:48 PM Post #10 |
Lazarene
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Would perhaps a floor on the endorsment cap be reasonable? I think the brutally low PRL cap left a sour taste in a lot of peoples' mouths and showing a clear step towards rectifying that in the supreme law of the land is, to me, important. |
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