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Democratic Reform Amendment (October 2019)

Proposed By: McChimp

Preamble

This amendment of the Twelfth Mandate of Lazarus establishes democracy in Lazarus whilst retaining the security afforded by the meritocracy it seeks to replace.

Section 1. Amendment of the Twelfth Mandate of Lazarus

(1) The preamble shall be amended to read:

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In order to ensure a government that is stable, democratic, and fosters an active community, this Mandate has been established as the fundamental law by which Lazarus will be governed. This Mandate is the supreme law of Lazarus and, together with constitutional law, takes precedence over any other law or policy.

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(2) Article I shall be amended to read:

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I. Assembly of Lazarus

Composition of the Assembly

(1) The Assembly will be comprised of all citizens of Lazarus.

Powers of the Assembly

(2) The Assembly may establish and revise its own procedural rules by 50%+1 vote.

(3) The Assembly may enact, amend, or repeal general laws and resolutions by 50%+1 vote.

(4) The Assembly may enact, amend, or repeal treaties, at the request of the Prime Minister, by 50%+1 vote.

(5) The Assembly may declare war against another region or organization, and repeal a declaration of war, at the request of the Prime Minister, by two-thirds vote.

(6) The Assembly may remove the Assembly Speaker, the Prime Minister, a Cabinet Minister, a Court Justice, a Councillor of Lazarene Security, or any other government official established by law or policy from office, by two-thirds vote.

(7) The Assembly may remove the Delegate or Vice Delegate from office by three-quarters vote.

(8) The Assembly may declare a state of emergency, end a state of emergency declared by the Council on Lazarene Security, or extend a state of emergency ended by the Council, by three-quarters vote.

(9) The Assembly may amend this Mandate by three-quarters vote.

(10) The Assembly may enact constitutional laws and resolutions, bearing the same legal weight as this Mandate, and may amend or repeal such constitutional laws and resolutions, by three-quarters vote. Constitutional laws and resolutions must be explicitly designated as such within the text of each constitutional law or resolution, and may not either explicitly or implicitly amend or repeal this Mandate or other constitutional laws or resolutions.

Speaker of the Assembly

(11) The Delegate will appoint an Assembly Speaker to preside over the Assembly according to its procedural rules. Appointment of the Assembly Speaker will be subject to confirmation by 50%+1 vote of the Assembly.

(12) In the absence of procedural rules to settle a procedural matter in the Assembly, the Assembly Speaker may establish such rules. Procedural rules established by the Assembly Speaker will always be subordinate to the laws of Lazarus and procedural rules established by the Assembly.

(13) The Assembly Speaker will serve until resignation, removal from office by the Assembly or the Delegate, or automatic removal from office. The Assembly Speaker may not serve in any other office or stand for election while serving as Assembly Speaker.

(14) The Assembly may provide for the appointment and removal of deputies to the Assembly Speaker by law or through its procedural rules.

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(3) Article II shall be amended to read:

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II. Delegate of Lazarus

Establishment of the office of Delegate

(1) The Delegate will serve as head of state and lawful WA Delegate of Lazarus.

(2) The Delegate may not serve in any other office while serving as Delegate, except that the Delegate will be suspended from the Council of Lazarene Security if they are already a Councillor, but will automatically resume membership on the Council after their term as Delegate.

(3) The Delegate will serve until resignation, removal from office by the Assembly, or automatic removal from office.

Powers of the Delegate

(4) The Delegate may admit residents of Lazarus to citizenship. Further procedure for citizenship admission, including procedure for appealing rejection of a citizenship application by the Delegate, criteria residents must meet in order to be admitted as citizens as well as criteria for maintenance of citizenship and enforcement of such criteria, may be established by law.

(5) The Delegate may, subject to confirmation by 50%+1 vote of the Council on Lazarene Security, impose revocation of citizenship, ejection and/or ban from Lazarus, or other measures to preserve the security and stability of Lazarus, for whatever duration of time is determined appropriate. The Assembly may overturn such decisions by three-quarters vote.

(6) The Delegate may, subject to confirmation by 50%+1 vote of the Assembly or 50%+1 vote of the Council on Lazarene Security, establish and revise endorsement limits for Lazarus. The Delegate may enforce such limits and will be assisted by the Vice Delegate and Council on Lazarene Security as needed. The Vice Delegate and Councillors will not be subject to such endorsement limits.

Line of succession for the office of Delegate

(7) The Vice Delegate will be first in the line of succession, followed by each Councillor in the order determined by the Delegate with confirmation by 50%+1 vote of the Assembly. The first person in the line of succession who is willing and able to serve will succeed to the office of Delegate in the event that the office of Delegate is vacant.

(8) The Delegate may appoint the Vice Delegate or a Councillor to serve as Acting Delegate in the event of the Delegate's scheduled absence. In the event of the Delegate's unscheduled absence exceeding seven days, as certified by 50%+1 vote of the Council on Lazarene Security, the first person in the line of succession who is willing and able to serve will serve as Acting Delegate until the Delegate returns.

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(4) Article IV shall be amended to read:

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IV. Cabinet of Lazarus

Establishment of the office of Prime Minister

(1) The Prime Minister will serve as head of government.

(2) The Prime Minister may not serve in any other office while serving as Prime Minister.

(3) The Prime Minister shall be elected by majority instant-runoff vote for a four-month term. Elections shall be undertaken by the Assembly. Procedure for elections will be defined by law.

(4) The Prime Minister will serve until the end of their term or until resignation, removal from office by the Assembly, or automatic removal from office.

Establishment of the Cabinet

(5) The Prime Minister will set the course of the Cabinet with such ministries, programs, and activities as they determine are beneficial for Lazarus.

(6) The Prime Minister may issue executive directives to set public policy for executive ministries, programs, and activities. Such directives will remain in effect unless rescinded by the Prime Minister who issued them or a subsequent Prime Minister. Such directives may also be amended by the Prime Minister who issued them or a subsequent Prime Minister.

(7) The Prime Minister may appoint Cabinet Ministers to assist with executive ministries, programs and activities, and must fill any ministries mandated by law. Appointment of Cabinet Ministers will be subject to confirmation by 50%+1 vote of the Assembly.

(8) Cabinet Ministers will serve until the end of the Prime Minister's term or until resignation, removal from office by the Assembly or the Prime Minister, or automatic removal from office.

(9) The Prime Minister may provide for the appointment and removal of Cabinet deputies.

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(5) Article V shall be amended to read:

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V. Court of Lazarus

Composition of the Court

(1) The Court will be comprised of three Justices appointed by the Delegate, subject to confirmation by 50%+1 vote of the Assembly. Requirements for the recusal of Justices and procedure for the appointment of temporary Justices may be established by law.

(2) Justices will serve until resignation, removal from office by the Assembly, or automatic removal from office. Justices may not serve in any other office or stand for election while serving as Justices.

Powers of the Court

(3) Procedure for constitutional matters brought before the Court will be defined by law.

(4) The Court has the power, upon being petitioned by a citizen, to strike down any general law, treaty, or policy. in whole or in part, and restrain any government action, by two-thirds vote, if such violates this Mandate or any constitutional law.

(5) The Court may, upon being petitioned by a citizen, reconcile contradictions within and between this Mandate and constitutional laws, as well as contradictions within and between general laws, by two-thirds vote, maintaining minimal disruption to the intended purposes of the contradictory provisions.

(6) The Court may interpret and clarify provisions of law when posed in a legal question, by two-thirds vote, as prescribed by law.

(7) The Court may, upon being petitioned by a citizen, conduct Criminal Reviews in order to determine whether a person has committed a criminal offence. During a Criminal Review the person must be granted reasonable opportunity to defend themselves against the charges. Procedure for such Criminal Reviews may be established by law.

(8) Should the Court confirm by two-thirds vote that the person has committed a criminal offence after a Criminal Review, they may compel the Delegate to impose upon the person a punishment permitted by law, including revocation of citizenship, restriction of ability to vote and/or hold office, ejection and/or banishment from Lazarus and other measures.

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(6) Article VII shall be amended to read:

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VII. Regulation of Government Officials

Citizenship requirement for government officials

(1) The Delegate, the Vice Delegate, the Assembly Speaker, the Prime Minister, Cabinet Ministers, Court Justices, Councillors of Lazarene Security, or any other government official established by law or policy must be citizens of Lazarus.

(2) The Delegate may, at their discretion, authorize the Prime Minister to appoint residents of Lazarus who are not citizens to participate in executive ministries, programs, and activities, but such residents may not serve as government officials, including as deputies or military personnel of officer rank.

Automatic removal of government officials

(3) The Delegate, the Vice Delegate, the Assembly Speaker, the Prime Minister, Cabinet Ministers, Court Justices, Councillors of Lazarene Security, or any other government official established by law or policy will be automatically removed from office upon loss of citizenship or their nation in Lazarus voluntarily relocating or ceasing to exist.

(4) The Delegate, the Vice Delegate, or Councillors of Lazarene Security will be automatically removed from office upon their WA nation in Lazarus resigning or being expelled from the WA.

Provisional service of certain appointed government officials

(5) Appointed government officials who are subject to confirmation by the Assembly may serve on a provisional basis unless and until their confirmations are rejected by the Assembly.

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(7) Article IX shall be amended to read:

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IX. Constitutional Conventions

Procedure for initiating a constitutional convention

(1) The Assembly may initiate a constitutional convention for the purpose of repealing and replacing this Mandate by three-quarters vote.

Basic procedure for a constitutional convention

(2) Following initiation of a constitutional convention, the Assembly will establish procedure for the convention by 50%+1 vote. The Assembly may amend the procedure of the convention while the convention is ongoing by 50%+1 vote.

(3) During a constitutional convention, this Mandate, the institutions and offices established by and under this Mandate, and all laws and treaties established under this Mandate, will remain in force, until a new constitution is adopted by the convention.

(4) Should the convention fail to yield a new constitution, the Assembly may, by 50%+1 vote, adjourn the convention.

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