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Constitutional Convention
Topic Started: 28 Jul 2010, 12:23 PM (907 Views)
Terpomoj
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It's time to create a Constitution for the region. I've included a first draft below that needs much work, but I think it provides a good base to work off.

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Preamble


‘Dedicatory/introduction involving regional motto’.


Definable terms used herein and throughout the region:

DLU principles – Those pertaining to the membership requirements of the DLU cited herein.
Founder's powers – The specifically legislated powers of the Founder cited herein.
in good standing – Any nation that is currently with good relations and in favour of the Parliament established herein.
the Union – The Democratic Leftist Union.

Acronyms/Abbreviations used herein and throughout the region:

Art. – Article
Cl. – Clause
DLU – Democratic Leftist Union
FM – Foreign Ministry
GMT – Greenwich Mean Time
NS – NationStates
RMB – Regional Message Board
Sec. – Section
WA – World Assembly
WFE – World Factbook Entry



Constitution of the Democratic Leftist Union


Article I: Stipulations


Section I – Membership requirements

Clause I. By joining the DLU, nations agree to be bound by this Constitution, its established bodies, and specifications.

Clause II. Membership to the DLU shall be open to all nations that subscribe to its principles. Nations whose Civil Rights or Political Freedoms are less than Some, or that fall into the following WA categories, shall be considered as espousing principles incompatible with those of the DLU:

Authoritarian Democracy
Benevolent Dictatorship
Compulsory Consumerist State
Corporate Police State
Corrupt Dictatorship
Father Knows Best State
Iron Fist Consumerists
Iron Fist Socialists
Libertarian Police State
Psychotic Dictatorship
Tyranny By Majority


Clause III. Membership shall be closed to nations out of compliance with DLU principles, until such time as the nation brings itself into compliance. A member nation out of compliance with DLU principles shall be granted five days in which to bring its actions into conformity, in accordance with Art. III, Sec. III.


Section II – Specifications

Clause I. The motto of the DLU shall be ‘Alta alatis patent’.

Clause II. The flag of the DLU shall be (eventually adopted flag) (hyperlinked).

Clause III. The time zone of the DLU shall be Greenwich Mean Time. This shall be used in elections and votes on amendments.



Article II: Organs


Section I – The Parliament

Clause I. The Parliament shall be the supreme policy and decision making body of the DLU. All Parliamentary members shall be entitled to participate in its deliberations and vote in matters affecting the DLU.

Clause II. Nations on probation shall not be allowed to vote in the Parliament, but may continue to debate. Non-Parliamentary nations may similarly engage in debate, but shall not have voting rights.

Clause III. The Parliament may impeach any member of the Foreign Ministry or Directorate by a two-thirds vote of all Parliamentary members in good standing. Articles of impeachment may be presented to the Parliament, provided that at least five Parliamentary members have endorsed said articles. Ambassadors of the Foreign Ministry or officers of the Directorate shall be provided an opportunity to contest the articles of impeachment before any vote.


Section II – The Foreign Ministry

Clause I. The Foreign Ministry shall consist of at least three ambassadors.

Clause II. The Foreign Ministry shall establish embassies in foreign regions and accept foreign embassies and ambassadors from among those regions desiring diplomatic relations with the DLU. The Parliament, by a majority vote, may disapprove of the Foreign Ministry’s establishment of an embassy in a foreign region or extension of diplomatic recognition to foreign embassies or ambassadors.

Clause III. The Foreign Ministry shall be charged with the recruiting of nations to the DLU. A standard recruiting telegram shall be adopted by a majority vote of the Parliament for use by the Foreign Ministry.


Section III – The Directorate

Clause I. The Directorate shall consist of at least two officers.

Clause II. The Directorate shall carry out the administrative functions of the DLU and present proposals or recommendations to the Parliament. The Directorate shall keep an archive of all decisions of the Parliament.

Clause III. The Directorate shall maintain a roster of all Parliamentary nations and all nations with official posts in the DLU. The Directorate shall also maintain a roster of foreign ambassadors or embassies accorded diplomatic recognition within the DLU.


Section IV – The Founder and WA Delegate

Clause I. Except for the specifically enumerated powers cited herein, it is understood that the Founder and WA Delegate shall have the same rights, duties, and obligations as other nations.

Clause II. In the event the Founder ceases to exist, the Founder's powers shall automatically be transferred to the WA Delegate. In the event the Founder returns from extinction, the Founder shall automatically reclaim their powers.

Clause III. Recognising the special relationship of the Founder to the region, the Founder shall enjoy a veto right with respect to the establishment of embassies in undemocratic or imperialist foreign regions.

Clause IV. Realising that the organs of this Constitution would be powerless to stop an invasion of the region, the Founder shall have the option of exercising executive powers over the region in the event that such an invasion occurs. The Founder shall relinquish their executive powers once all invading nations have been expelled.

Clause V. The Founder or WA Delegate, in their discretion, may immediately expel member nations engaging is disruptive behavior as evidenced by spamming, griefing, posting of obscene content, libel, slander, or defamation of character. It is the collective sentiment of the DLU that immediate expulsion should be reserved for egregious instances of disruptive behavior and that nations should ordinarily receive warnings and an opportunity to conform their conduct before expulsion occurs.

Clause VI. The WA Delegate shall put forth to the Parliament their recommendations as to whether specific resolutions before the WA should be adopted. The Parliament shall determine whether or not to accept, reject, or modify the Delegate's recommendation by a majority of Parliamentary members voting. Voting shall be limited to Parliamentary members also having membership in the WA, but all nations may participate in debate. The WA Delegate shall faithfully execute the wishes of the Parliament.



Article III: Regulations


Section I – Parliamentarians, voting, office holding, and recalls

Clause I. After the adoption of this Constitution, any nation that is in or joins the DLU may voluntarily agree to become a member of the Parliament. The Parliament shall have a one-cast/one-vote policy for all Parliamentary members. Non-Parliamentary nations may debate and present recommendations to the Parliament, but shall not have voting rights.

Clause II. Any member of the Parliament shall have the right to hold office, provided that the nation is in compliance with Art. I, Sec. I.

Clause III. Any member of the Parliament that has been inactive for twenty-eight days and therefore removed from NationStates shall also be removed from the parliament. Any member that has informed the Parliament of an absence or vacation lasting longer than twenty-eight days shall be exempt from expulsion.

Clause IV. Any official that has been inactive in their duties for more than fourteen days shall be removed from office and have another nation elected in a special run-off election for that position, to be held within seven days of the departure. Any official that has informed the Parliament of an absence or vacation lasting longer than fourteen days shall remain in their position and have a representative appointed by the Directorate (or Founder / WA Delegate in the case of absence of the Directorate) for the duration of their absence. Should the majority of the Parliament disapprove of the Directorate's (or Founder's / WA Delegate's as appropriate) selection, the Directorate (or Founder / WA Delegate as appropriate) shall select another candidate who commands the support of the majority of the Parliament.

Clause V. Any official who performs their duties without the support of the majority of the Parliament shall be expelled from their position. A vote on support for an official can be called by any Parliamentarian. If an official is found to carry less than a majority of support in the Parliament, a special vote shall be held to elect a successor for the reminder of that position's lifespan.


Section II – Elections

Clause I. The Parliament shall elect the Foreign Ministry, the Directorate, and the WA Delegate by a majority of Parliamentary members voting. All ambassadors, officers, and the WA Delegate shall have terms lasting ninety full days. Nations nominated for a position must be in good standing with the Parliament and have an account on the forum. Any nominated nation that is not a member of the forum must join within one week of their nomination; if by that time the nominated nation has not joined the forum, their nomination shall be considered invalid.

Clause II. Nominations for positions shall begin at 00:00 GMT on the 75th day of the terms and close at 00:00 GMT on the 82nd day, thereby lasting seven full days. The final candidates shall then be posted and a vote set before 23:59 GMT of that day. Voting shall begin at 00:00 GMT on the 83rd day of the terms and close at 00:00 GMT on the 90th day, thereby lasting seven full days. Votes shall then be tallied and winners announced before 23:59 GMT of that day. At 00:00 GMT on the 91st day of the terms, the newly elected ambassadors, officers, and WA Delegate shall take up their positions and the term cycle shall reset.

Clause III. Recognising that resolutions of the WA are effective only with respect to nations having membership in that body, elections for the WA Delegate shall be limited to Parliamentary members also having membership in the WA. It is understood that for the election mechanisms of this Constitution to prove effective, mandatory endorsement of the WA Delegate shall occur once that Delegate has been elected, and remain for the entirety of the Delegate's term. All other nations must not have an equal or higher level of endorsements than the WA Delegate.

Clause IV. An officer of the Directorate shall announce the coming nomination and election process by posting on the Region Message Board and the relevant forum thread. The Directorate shall administer and supervise the nomination and election process.

Clause V. The Foreign Ministry and Directorate shall seek the advice and consent of the Parliament regarding the appointment of such lesser officers as may be needed to carry out the functions of the DLU.


Section III – Expulsion

Clause I. The Founder or WA Delegate shall place member nations on probation if found to be out of compliance with Art. I, Sec. I. The member nation shall have five days in which to bring its actions into conformity. If after five days it has failed to do so it shall be expelled.

Clause II. Expulsion may be overturned and the member reinstated by a majority vote of the Parliament. The member nation shall have the right to petition the Parliament for reinstatement and explain the reasons why the expulsion was unjustified or how it has brought its actions into conformity.

Clause III. Expelled nations shall no longer have rights as a member of the DLU. In addition, the DLU forums shall not be open to expelled members.


Section IV – Amendments and the World Factbook Entry

Clause I. Any member of the Parliament in good standing may propose an amendment to this Constitution.

Clause II. Before going to a vote, an amendment shall be subjected to a period of scrutiny during which it shall be discussed and debated. The period of scrutiny shall be at least seven full days long, but may be lengthened as the amendment's author sees fit. An officer of the Directorate will announce the beginning and the end of the period of scrutiny on the Regional Message Board as they occur.

Clause III. The voting period shall be seven full days long, but may be extended at the Directorate's discretion. An officer of the Directorate will announce the beginning and ending times of the vote on the Regional Message Board and the thread in which the amendment was scrutinised, and will also declare voting open and closed in the relevant forum thread.

Clause IV. Any Parliamentary member in good standing may propose a new or edited World Factbook Entry. The new or edited proposal must be approved of by a majority of the Parliament in a vote; such a vote is to be conducted in the same manner as an amendment to this Constitution. The WA Delegate or Founder must then update the World Factbook Entry as agreed upon by the Parliament.

Clause V. The World Factbook Entry must include references to the DLU membership requirements of Art. I, Sec. I and the WA Delegate election specifications of Art. III, Sec. II.


Section V – Honors

Clause I. Any nation or region, regardless of membership or affiliation, may be honored by the Parliament for special acts in defense of the DLU or that otherwise further the principles of the DLU. A nation or region may display recognition of such an honor, however such display is not mandatory.


Any and all comments are welcomed.

EDIT: Included a new Clause IV of Section IV, Article II stating that the Founder shall enjoy executive powers in times of invasion.
EDIT #2: Included a new Clause III of Section II, Article II stating that the Foreign Ministry shall be charged with recruiting to the region.
EDIT #3: Altered Clause III of Section II, Article III to include mandatory endorsements of the elected WA Delegate.
Edited by Terpomoj, 4 Aug 2010, 09:30 AM.
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The Cercades
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I've actually been working on a draft of my own, which I'll post when its finished.
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Terpomoj
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Thoughts on this draft though? Could you include similar stipulations in your draft?
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Nyahamn
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Looking good! I just wonder a bit about Art. III, Sec. I, Cl. II :

Any member nation of the DLU shall have the right to hold office, provided that the nation is in compliance with Art. I, Sec. I.

Is this regardless of the nation having signed the constitution?
Edited by Nyahamn, 1 Aug 2010, 01:22 AM.
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Terpomoj
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Good point, although by joining the region nations agree to the stipulations of the Constitution (Cl. I, Sec. I, Art. I and in the WFE). I changed this clause so Parliamentarians can hold office.

Anything else?
Edited by Terpomoj, 1 Aug 2010, 07:13 AM.
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Nyahamn
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Nope, I’m happy and wouldn’t mind to see it ratified in this state. Now we’ll just need to wait for the opinion of our third esteemed colleague until after Thursday, or any additional new member that would happen to come by.
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The Cercades
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I'll try to get you something before Thursday, though I can't guarantee it! I'll do some more work this evening, if I have the energy (over-night trains are tiring).
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Terpomoj
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Just wondering if Dzavyrica thinks we need to change/add anything here and how Cercades' Constitution is coming along (I hope this doesn't sound pushy because it's not meant to be).
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The Poldgraszt Coalition
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I have now read the Terpomojian Constitution Model. We of Dzavyrica have no objections.

A minor suggestion:
Currently, if the Founder were to be removed, the powers drop to the WA Delegate. Yes, the WA Delegate is voted in democratically, but it seems like it might be good to have a vote including members of Parliament who may receive the Founder's powers.
We could hold a vote to elect a member of parliament to be Vice Founder (A position created to pass along the Founder's powers during deletion.) This position could also be limited to a short term, so another election is held to keep a frequent shift of possible holders of the responsibilities.
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The Cercades
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I'm sorry, I've been really busy, what with traveling and then several commitments once I got home. I'll try to finish my draft this afternoon (or maybe over lunch). Sorry for holding the process up!
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