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[Draft] Kazmr's Constitution
Topic Started: May 3 2015, 08:48 PM (568 Views)
Kazmr
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Lazarene
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.

Quote:
 
Most of this article is I think fairly straight forward, so I am only going to comment on certain aspects.

Section 2 is, of course, part of my proposal to grant rights to longtime residents of the region. I sincerely want to see this happen, and am happy to provide publicly visible code to facilitate it. However, I understand that many may not wish it to be, and thus if it faces serious opposition I will grant that it can be removed should the rest of my draft be appealing.

I included Section 2.A because that was common practice under the PRL, and I think it was a good one. Extra provisions included in it include the assembly being able to vote in both approval and rejection, since the individual was unelected and thus needs more checks, and that they must be a citizen themselves and not just an outside admin.

The subsections to Section 4 were listed as '24 hours' to clear up an ambiguity I recently saw in TSP. On one hand I want to draw a clear line so that, say, someone's citizenship masking isn't removed when they technically should have been and they all of the sudden come back to vote, it is clear that they were ineligible. The 24 hour window is a safety measure. We wouldn't want someone to accidentally move a nation and immediately technically forfeit citizenship.


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.

Quote:
 
Again, I think most of these rights are fairly clear.

I list 'peaceful association' in Section II so as not to contradict a section in the military article below.

If there are any essential rights you think missing, let me know and they can be added.


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.

Quote:
 
Again, a lot of this is basic procedural stuff. Not really anything radical here I suppose that needs specific commenting.

The only bit maybe in recalls. Essentially this gives the legislature the power to remove anyone appointed with a simply majority, but the speaker of the legislature, endorsees, judges, the delegate, and cabinet officials require a 2/3 majority.


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.

Quote:
 
I went with the four month terms as that had a plurality of the vote Gulliver took.

I chose to designate three ministries that I see as essential for the effective functioning of the region.


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.

Quote:
 
Nothing special here, basically copied from others, since I'm not really experienced in judicial matters.


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.

Quote:
 
I included the prohibition on being a member of the cabinet in order to separate security from being entirely the prerogative of the executive, and because the Vice-Delegate effectively acts as a fourth endorsee.

In want them to be confirmed by the legislature but not necessarily elected so that on one hand they can be overseen, but that there isn't unnecessary disruption preventing them from gaining the necessary influence.


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.

Quote:
 
Section 2 has been changed to provide the military with further powers to ensure that those who aren't contrary to its current operations don't get access to its information.

Section 4 was introduced to ensure that the commander of the LLA wasn't entirely up to the whim of politics, in that a total outsider couldn't be brought in, but as a cabinet member they still must be confirmed by the legislature and nominated by the delegate.

Section 5 deals with the rank nitty gritty of the organization. I chose to put the power for ranks themselves in the hands of officers rather than the legislature as they are the ones handling the day to day operations. I would envision them establishing something along the lines of a quota system as far as operations go, with perhaps promotion to officer having a slightly separate requirement (demonstrated leadership ability or something like that).

Section 6 allows the general of the army to dismiss anyone from the military but also provides a check within with a high threshold.

From there it is fairly clear, or unchanged from the former version.


Previous version
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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.

Quote:
 
Not really much to say here
Edited by Kazmr, May 5 2015, 04:01 AM.
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Ecchi Unlimited
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wrong post
Edited by Ecchi Unlimited, May 7 2015, 11:36 AM.
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