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Constitutional Convention
Topic Started: 28 Jul 2010, 12:23 PM (910 Views)
The Cercades
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OK, here's what I have. I haven't done huge amounts of editing, because I wanted to get this out to you with all possible speed, but I am of course open to changing things. Enjoy!

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Constitution of the Democratic Leftist Union

We, the nations of the Democratic Leftist Union, seeking to promote the values of liberty and equality, provide for good governance and order, and clarify our rights and responsibilities, do hereby subscribe to this Constitution and acknowledge its position as the supreme and sole law of our region.

Article I.: Membership

Section 1. Jurisdiction of the Constitution. All members of the Democratic Leftist Union, by joining the region, assent to be governed by this constitution and the actions of the officers it provides for. The Constitution is the supreme law of the Union, and takes precedence over national law where applicable.

Section 2. Membership requirements. Membership in the Union shall be limited to nations which display at least Average levels of political freedoms and civil rights and which are also members of World Assembly categories with at least moderate levels of political freedom and civil rights. These categories are: Anarchy, Capitalist Paradise, Capitalizt, Civil Rights Lovefest, Corporate Bordello, Democratic Socialists, Inoffensive Centrist Democracy, Left-Leaning College States, Left-Wing Utopia, Liberal Democratic Socialists, New York Times Democracy, and Scandinavian Liberal Paradise.

Section 3. Compliance. A nation which does not comply with the stipulations of Section 2 may not join the Democratic Leftist Union. If such a nation does join, it may be immediately ejected by the Founder or the World Assembly Delegate. Should a nation which entered the Union per the stipulations of Section 2 find itself in violation of one of these provisions, it will be given a one week grace period in which to recover. Should it be unable to do so, the nation should remove itself to another region while it works to regain eligible status; if it does not do so after the end of the grace period, it will be expelled.

Section 4. Probation and Expulsion. In addition to the provisions of Section 3, a member nation may be placed on probation or expelled for engaging in behavior which brings shame upon the Union, including spamming, griefing, verbal attacks, use of unacceptable (racist, sexist, homophobic, anti-Semitic, etc.) rhetoric and terminology, advocating intolerance, fomenting unrest, or any other offense which is deemed by the majority of the Union’s members to warrant probation or expulsion. Probation, which may be carried out by the Founder, the World Assembly Delegate, or the General Secretary at their discretion, or by majority vote of the Plenary, shall be considered a warning to be employed before expulsion, but this step may be skipped for grievous offenses. Expulsion may be carried out by the Founder or the World Assembly Delegate at their discretion, or by two-thirds vote of the Plenary. Probations may be overturned by a majority of the Plenary; expulsions by two-thirds.

Section 5. Rights and Responsibilities. All members of the region are entitled to the rights outlined in this document and are expected to fulfill the responsibilities described herein. No nation may claim precedence over another by virtue of length of residence in the region or for any other reason; nations shall treat each other as equals in all things. Recognizing the special relationship of the Founder to the region the Founder shall, in addition to the powers granted to it by NationStates, be given the privilege of casting a tie-breaking vote when necessary, but shall be accorded no other privileges.

Article II.: Governance

Section 1. Legislative. The legislative capacity of the Union shall be held by the Plenary, which is composed of all members of the Union. It shall be the supreme decision-making body, and its decisions are final and binding. All members of the Union are entitled to a single vote in the Plenary, save those which have been placed on probation, which may debate but not vote, or those which have been expelled, which may not participate in the Plenary in any capacity unless invited to do so by a majority of the Plenary. The Plenary is entitled to render decisions on any matter which concerns the entire region.

Section 2. Executive. To execute the will of the Plenary a Secretariat and Foreign Ministry shall be provided for. The Secretariat shall consist of the General Secretary and any assistants, such as moderators, that he or she may require. The General Secretary shall facilitate debate, declare votes open and closed, post important forum content to the regional message board, and direct the management and administration of the forum. Moderators shall patrol and maintain the forum by moving miscategorized threads, enforcing standards of forum etiquette, and noting any incidents of misbehavior.
The Foreign Ministry shall consist of a Foreign Secretary and no fewer than two Ambassadors (the Foreign Secretary may adjust this number as needed). The Foreign Secretary shall serve as the regional delegate to the World Assembly (and therefore must be a World Assembly member) and shall coordinate the region’s foreign policy, subject to the approval of the Plenary. The Ambassadors shall assist the Foreign Secretary in the execution of foreign policy by maintaining embassies, managing diplomatic correspondence, negotiating alliances, and undertaking any other necessary tasks.

Section 3. Judiciary. Should a point of law need clarification, the Plenary may debate and vote upon a clarification, which may be inserted into the law. Alternatively, the Plenary may delegate this responsibility to a panel of nations, the number and content of which are selected by the Plenary, to arbitrate upon the disputed point. Unless overturned by two-thirds of the Plenary, this panel’s decision is final and binding.

Section 4. Discipline of Elected Officials. An elected official may be censured by a majority of the Plenary for misuse of office, behavior unbefitting of their position, tarnishing the reputation of the Union, or any action which is deemed worthy of censure. The recall of an elected official may be initiated by a petition for a resolution of recall signed of 20% of the Union’s members, and enters into force if the resolution of recall is approved by two-thirds of the Plenary after a vote open for at least five days. Should an Ambassador be recalled, the Foreign Secretary shall appoint a replacement, with the consent of the majority of the Plenary. Should the Foreign Secretary be recalled, the General Secretary shall appoint a replacement, with the consent of the majority of the Plenary, and vice versa.

Article III.: Elections, Amendments, Inactivity, and Minutiae

Section 1. Eligibility for Elections. Any nations which has not been placed on probation, expelled, or become ineligible for regional membership through lack of civil or political rights or category change within thirty days before the beginning of elections may stand for election to an officer position (General Secretary, Foreign Secretary/World Assembly Delegate, or Ambassador). All officer candidates must be members of the forum, and the candidate for Foreign Secretary/World Assembly Delegate must also be a member of the World Assembly. A nation may stand for multiple positions, but may not hold multiple offices unless there are not enough candidates to ensure that each office is held by a separate nation.

Section 2. Elections. Officers shall serve for a term of ninety days. Nations may self-nominate for an officer position from 0:01GMT on the eightieth to 23:59GMT on the eighty-fourth day of the expiring term. At 0:01GMT on the eighty-fifth day the General Secretary shall declare voting open in a separate voting thread; he or she shall declare voting closed at 23:59GMT on the eighty-ninth day and announce the winners. Disputes and ties shall be resolved on the ninetieth (and final) day of the expiring term; officers take office at 0:01GMT on the first day of the new term.

Section 3. Amendments. This document may be amended by a majority vote of the Plenary, provided that any proposed amendment has been posted and open for debate for at least seven full days (the period may be lengthened by the amendment’s author). The General Secretary shall, after discussion on the proposed amendment has concluded, establish a voting period of seven full days (which may be lengthened at the General Secretary’s discretion). If the amendment receives more votes in favor than against, it shall be entered into this document and considered law. Amendments may be removed in the same manner.

Section 4. Inactivity. Should a member nation cease to exist on NationStates (through a period of inactivity lasting at least twenty-eight days), it shall be considered to have ceased to exist as a member of the Union. Should that nation be an Ambassador, a replacement shall be appointed by the Foreign Secretary, with the consent of the majority of the Plenary. Should that nation be the Foreign Secretary, a replacement shall be appointed by the General Secretary, with the consent of the majority of the Plenary, and vice versa. If an officer has failed to fulfill their duties or been inactive for fourteen days and has not given the Plenary a reason for their absence, a temporary replacement may be appointed in the manner described above; should the officer cease to exist after twenty-eight days, the replacement becomes permanent.

Section 5. Minutiae. When a single time standard is necessary, Greenwich Mean Time (GMT) shall be employed.
All nations which are members of the World Assembly must endorse the duly-elected World Assembly Delegate.
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Terpomoj
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Nice work! I do have some issues however, and as such I have attempted to amalgamate various elements of both proposals below (I hope you don't mind) to provide some ground to work off of. Sorry if any criticisms I have offend you, I don't mean anything personal by them.

I personally like the Article, Section, Clause structure of the current proposal for its ease of reference, organisational/amendment purposes, and reference to the structure of real constitutions, but it appears we need some discussion on this model. I'll change Article to [/i]Chapter[/i] and Clause to Article to try and distinguish this document from it's DSA base. I also like this model because it allows us to state the rights and responsibilities of the various organs of the region clearly, rather than have them interspersed throughout the document randomly.

I think the inclusion of a Preamble is a necessity, so we can share information and clarifications with the region without them having the same legally binding status of being part of the actual constitution.

I don't think we should state which WA Category states can become members of the region, rather state which categories cannot join. I think this is more democratic and open. Also, Average civil rights can easily be breached (I myself have slipped into Below Average on occasion because of a bad issue): I propose adopting Below Average as the minimum level of rights to be had.

I think having a Parliament in which members can opt into if they want is more desirable than having all members automatically admitted to such an institution, as some players take the game more seriously than others and that organ would then prove more efficient and workable than an open forum. I also think calling it a Parliament renders certain assumptions to that title and would be more intuitive (as to allow new nations to somewhat assume their function), rather than Plenary which is somewhat confusing and obscure as a title of government department.

I think having a Directorate (or Secretariat - which is more accurate, I'll adopt that title below) of several officers rather than one General Secretary and their designated agents is desirable as it is more democratic and provides all nations of that organ with equal powers, rather than one head and some subordinates.

The judiciary for moot points of law is a great idea, and I added it to the below proposal.

Other than that I personally find the current proposal easy to understand and specific enough so as to not allow any significant ambiguities to arise, and don't think it needs any major work (sorry Cercades but I think a lot of work has gone into this document previously and we needn't simply disregard that now - I'm not disregarding your proposal, I just think we don't need to radically change the current design unless it has severe deficits).

Quote:
 
Preamble


‘We, the nations of the Democratic Leftist Union, seeking to promote the values of liberty and equality, provide for good governance and order, and clarify our rights and responsibilities, do hereby subscribe to this Constitution and acknowledge its position as the supreme and sole law of our region’.


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
Ch. – Chapter
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


Chapter I: Stipulations


Section I – Membership requirements

Article I. All members of the Democratic Leftist Union, by joining the region, assent to be governed by this Constitution and the actions of the officers it provides for. This Constitution is the supreme law of the DLU, and takes precedence over national law where applicable.

Article 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 Below Average, or that fall into the following WA categories, shall be considered as sponsoring 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


Article 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 Ch. III, Sec. III.


Section II – Specifications

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

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

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



Chapter II: Organs


Section I – The Parliament

Article 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.

Article 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.

Article III. The Parliament may impeach any member of the Foreign Ministry or Secretariat 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 Secretariat shall be provided an opportunity to contest the articles of impeachment before any vote.

Article IV. Should a point of law need clarification, the Parliament may debate and vote upon a clarification, which may be inserted into this Constitution. Alternatively, the Parliament may delegate this responsibility to a panel of nations, the number and content of which are to be selected by the Parliament, to arbitrate upon the disputed point. Unless overturned by majority vote of the Parliament, this panel's decision is final and binding.


Section II – The Foreign Ministry

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

Article 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.

Article 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; such a vote is to be conducted in the same manner as an amendment to this Constitution as specified in Ch. III, Sec. IV.


Section III – The Secretariat

Article I. The Secretariat shall consist of at least two officers.

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

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


Section IV – The Founder and WA Delegate

Article 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.

Article 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.

Article III. 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 these executive powers once all invading nations have been expelled and the region restored.

Article IV. The Founder or WA Delegate may immediately expel member nations engaging is disruptive behaviour 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 unacceptable instances of disruptive behaviour and that nations should ordinarily receive warnings and an opportunity to conform their conduct before expulsion occurs. Expulsion may be overturned by a majority vote of the Parliament.

Article V. 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.



Chapter III: Regulations


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

Article 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.

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

Article 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.

Article 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 Secretariat (or Founder / WA Delegate in the case of absence of the Secretariat) for the duration of their absence. Should the majority of the Parliament disapprove of the Secretariat's (or Founder's / WA Delegate's as appropriate) selection, the Secretariat (or Founder / WA Delegate as appropriate) shall select another candidate who commands the support of the majority of the Parliament.

Article 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

Article I. The Parliament shall elect the Foreign Ministry, the Secretariat, 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.

Article 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.

Article 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.

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

Article V. The Foreign Ministry and Secretariat 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

Article 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.

Article 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.

Article 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

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

Article 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 Secretariat will announce the beginning and the end of the period of scrutiny on the Regional Message Board as they occur.

Article III. The voting period shall be seven full days long, but may be extended at the Secretariat's discretion. An officer of the Secretariat 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.

Article 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.

Article 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 Ch. III, Sec. II.


Section V – Honors

Article I. Any nation or region, regardless of membership or affiliation, may be honoured by the Parliament for special acts in defence of the DLU or that otherwise further the principles of the DLU. A nation or region may display recognition of such an honour, however such display is not mandatory.
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The Cercades
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To be clear, I'm actually basing my format (article and section but not clause) off of the Constitution of the United States (here), so some of my work is based off of an effort to make this look like a real-world constitution. That's why I didn't include abbreviations and definitions - I don't think it looks professional or realistic. No constitution I'm aware of has a key. That's not to say that that information isn't valid, but I don't think it belongs in the constitution - put it in a supplement instead.

I listed eligible WA categories because it's actually quite a bit longer to list forbidden categories (twelve are allowed in my draft, which means that fifteen are forbidden, but I should note that I think we're not forbidding and admitting the same categories). I don't think it has a whole lot to do with democracy, honestly, because it achieves the same things. If we were to create a supplement, we could put the key there and the list of eligible and forbidden categories. I was trying to achieve something using the least clutter possible, which has motivated the entire project (I think the DSA Charter is large and unwieldy). Although I understand that Average civil rights and political freedoms are breach-able (new word!), I really don't like the idea of letting countries in with Below Average levels, simply because they are below average. If you are strongly attached to that particular benchmark, we could compromise in that we wouldn't let countries in unless they had Average levels, but we wouldn't throw out members unless they sank to Below Average. Still, I'd much rather keep the Average requirement intact.

I didn't use the term Parliament because it suggests the government of a country, which is not appropriate, in my opinion, for a regional alliance. I used the term "Plenary" instead because it means "full" (as in a full meeting) - the related noun is Plenum. When a legislature holds a full meeting of everyone who is entitled to be present, it is a "plenary session." Obscure, perhaps, but in my opinion far more appropriate.

I understand the impulse to have a multi-member Secretariat in the name of democracy, but feel obligated to point out that it is a very rare form of government in real life and also that the most prominent experiment with the system, the Directory in revolutionary France (see), was an abysmal failure, and was ended by the seizure of power by one individual - Napoleon. In practice, I don't think it will work, primarily because the General Secretary I have appointed is not an executive responsible for enforcing laws, but a facilitator responsible for bureaucratic work and maintenance of the forum - things that do not need lengthy debate and would be hampered to the point of paralysis by division and disagreement among multiple individuals. I suggest the moderators not as subordinates but as assistants, to be appointed as the General Secretary needs them, not as thralls for personal glory but to help the GS should the workload become too much to handle (since we do have real lives).

I'm glad you like the judiciary. Baron Montesquieu told me I should do it.

That concludes my comments on your comments on my draft. My comments on yours: it's huge. Absolutely gigantic and unwieldy. Allow me to submit for your consideration a word count: mine runs to 1,534 words, or just under 3 pages in 12 point font on Microsoft Word. Yours, 2,269 words, or 6.5 pages. Mine contains 15 sections, yours 43 (if my count is correct). For comparison, the US Constitution has 24 (not including the amendments, which came later), although its word count is much higher. While I appreciate that this is because your version contains more information, a constitution is "the system of fundamental principles according to which a nation, state, corporation, or the like, is governed" (here, definition 8). I disliked the DSA Charter because it became not a founding document but a repository of every last little bit of law and regulation that made up the alliance. That's why I threw the whole thing overboard and started from scratch. Looking at your revised draft, it just makes me think of all the problems of the DSA and its Charter, and doesn't seem to make any substantive changes. I would much rather have a clear, simple founding document that states principles and then a couple of supplementary codes - one for elections, one for discipline, and so on - rather than mashing everything into a single document. That was what drove me to write this version and remains my primary criticism of the revised version. I didn't come here to help replicate the DSA on a smaller scale (and without the wingnuts), but I fear that this constitution will do just that. I humbly stand behind my draft and await the thoughts of others.
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Terpomoj
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I guess the question is whether or not we want to be able to pass regional laws to supplement our Constitution or just have the one document. Although you're right in saying it's large and unwieldy, I believe having all the law of the region in the one document is far more workable than having different acts of law, definitions, additions, supplements, rulings, et cetera (and the information is divided into Chapters, Sections, and Articles to allow for easy reference anyway). I think we have the ability to create our own document that can follow some of the conventions of a real constitution, but can be much more enabling and specific to NationStates. The word count is alarming, but let me put it to you this way: should we accept vague definitions and positions from our document, or explicit and definite stipulations (which I personally believe would lead to less misinterpretations and allow for a more ironclad and indivisible democratic system)? I think a codified Constitution of all the laws of the region would lead to less disputes over the exact operations of various organs, and including definitions and the like in a Preamble, although not traditional, much more useful and specific to NationStates.

(From Wiktionary)
Constitution:
1. 'The act, or process of setting something up, or establishing something; the composition or structure of such a thing; its makeup'.
2. 'The formal or informal system of primary principles and laws that regulates a government or other institutions'.
3. 'A legal document describing such a formal system'.
I think the term Constitution can be used to describe every aspect of the region, as those aspects are what constitute the region; It doesn't just have to be an establishing document or one that vaguely describes the roles of various organs that require further legislation.

As for the Secretariat, the thing is this isn't real life, so we have a real chance of creating this democratic position without it having the constraints of reality. Because of specific mandates of the Constitution, no abuse of power could occur, and if it did, the Parliament would remove those disabling nations. This Secretariat is also simply an administrative position, it carries no special legislative power.

(From Wiktionary)
Parliament:
1. 'Institution whose elected or appointed members meet to debate the major political issues of the day and usually to exercise legislative powers and sometimes judicial powers'.
Just because the current abuse of the word Parliament distorts its meaning doesn't mean we have to follow suit; I think its actual meaning is more suited to the functions of that body than Plenary.

Plenary:
1. 'Fully attended; for everyone's attendance'.
2. '(theology or law) Complete; full; entire; absolute'.
My proposal for this organ is one where members of the region are involved if they want to be, so Plenary would be inappropriate as it suggests complete attendance and contribution.

My understanding of the DSA situation isn't so much that the DSA Charter is the problem (although it has many), it's more that that region isn't accepting of the Charter and it's bodies, as well as giving more dedication to the Founder than the system. My personal rationale for establishing this region was to change the focus of politics onto more progressive 21st century ideas (rather than the conservative -- and I would say naive -- politics of the DSA), and to allow the Charter/Constitution to properly govern the region. In this way I believe a specific Constitution like my current proposal is appropriate and desirable.
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The Cercades
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Well, there's our disagreement. I would prefer a constitution which serves as a broad statement of principles and rights, and then a couple of codes which deal with specifics (as is done in the US, although there are more than just "a couple" of supplementary legal codes). The job of the US Supreme Court is to interpret the somewhat vague Constitution, which is why it's lasted so long. But in any case, it doesn't sound like there's much of a way to reconcile my preferences with yours, I'm afraid. If you wish, I will step aside while you (and the others, presumably) craft a constitution to your liking, and once it is finished I can decide if it's something I can live with, or if I would be better suited attempting my own experiment.
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Terpomoj
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That would be regrettable and unfortunate, and you'd be greatly missed, but that's your choice. I hope you reconsider.

The only reason I prefer my model is because I think it's more suited to a Union/Alliance/Coalition of nations than your model, which is more suited to a singular nation. Why not adopt a modified version of your Constitution for your own nation?

What do other people think?
Edited by Terpomoj, 10 Aug 2010, 10:10 PM.
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Nyahamn
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Whoa, it’s a lot to read and both provide very good arguments. I’m working on a proposal on my own where I try to make a combination of yours. I’ll hopefully be able to post later this day. It’s very unfortunate when people, caused by differences, divide instead of seeing what corresponds and work from those points. Hopefully we can reach a compromise soon. :)
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Terpomoj
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Thankyou Nyahamn.

Cercades, I hope I haven't sounded hostile, as I haven't meant to, and I apologise if that's how I've come across.
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The Cercades
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I was a bit offended by:

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Other than that I personally find the current proposal easy to understand and specific enough so as to not allow any significant ambiguities to arise, and don't think it needs any major work (sorry Cercades but I think a lot of work has gone into this document previously and we needn't simply disregard that now - I'm not disregarding your proposal, I just think we don't need to radically change the current design unless it has severe deficits).


A lot of work has gone into both of our documents, and simply because one of them was posted first doesn't strike me as a sufficient reason to ignore the second. The subsequent discussion felt very much like my document was being dismissed essentially in its entirety (I believe the only change you made to your version was to add my Preamble), and I reacted rather firmly, because I felt my contribution was worth more than the treatment it received. I did not, however, mean to imply that I'm going to walk out if I don't like something in an attempt to hold the process hostage (that's immature, and I hope that's not what came across), but rather that I don't want to interfere with your experiment, and if I find myself irreconcilably opposed to something it would be more productive for me to stand aside so you can articulate your vision, rather than throwing up roadblocks at every turn because I disagree about some of the principles or theoretical matters.

That said, I await Nyahamn's contribution eagerly - perhaps it can reconcile some of our disparate ideas.
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Nyahamn
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I think I only screwed it up worse but I tried to make a combination of both your proposals. If anything, it’s a third take on how the constitution could look like and hopefully we can use the insights from all three (along any future draft from others) to make a good compromise. According to Word, it contains 1814 words spread out on 5 pages. I tried to compress it as much as I could without losing valuable information and coverage of loopholes. I probably missed something important anyway.

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Constitution of the Democratic Leftist Union

‘We, the nations of the Democratic Leftist Union, seeking to promote the values of liberty and equality, provide for good governance and order, and clarify our rights and responsibilities, do hereby subscribe to this Constitution and acknowledge its position as the supreme and sole law of our region’.


Table of contents

Ch. I – Membership
Art. I. Requirements/Consent/etc…
Art. II. Probation & Expulsion
Art. III. Accountability

Ch. II – Organisation
Art. I. Union Assembly/Parliament/Congress/Plenary/House/etc…
Art. II. Foreign Ministry
Art. III. Secretariat

Ch. III – Regulation
Art. I. Elections of officials
Art. II. Recall & Inactivity
Art. III. Amendments
Art. IV. World Factbook Entry

Ch. IV – Tools & Symbols
Art. I. Insignia
Art. II. External resources
Art. III. Units


The opening we all seem to support. I believe that including a table of definitions and acronyms isn’t necessary for the constitution and deserves a document on its own. I suggest including a table of contents. It would be a step in solving the unwieldiness of these texts. One important thing I think would need attention to is how easy the structure of the constitution allows for future changes. This is why I’ve only used two structure elements; Chapter and Article. Not sure if they are proper words, I just picked the sexy ones. Perhaps this draft would be in need of another one. On the other side, it may make future additions/edits easier if excluded and let the text roll.

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Chapter I – Membership

Article I. Requirements/Consent/etc…

All members of the Democratic Leftist Union, by joining the region, assent to be governed by this constitution and the actions of the officers it provides for. The Constitution is the supreme law of the Union, and takes precedence over national law where applicable.

For compatibility with the principles sponsored by the Union, membership of the region requires a nation to have Civil Rights and Political Freedoms at ‘Average’ level or higher while sustaining one of the following WA categories:

Anarchy
Capitalist Paradise
Capitalizt
Civil Rights Lovefest
Corporate Bordello
Democratic Socialists
Inoffensive Centrist Democracy
Left-Leaning College States
Left-Wing Utopia
Liberal Democratic Socialists
New York Times Democracy
Scandinavian Liberal Paradise


Not sure whether I like to call Art. I for ‘Requirements’ or ‘Consent’, where the latter feels less aggressive yet firm, but perhaps too wide in meaning? I feel that ‘average’ could be agreeable, but wouldn’t have problem to accept ‘below average’ as an acceptable level if it’s deemed more pragmatic (like not scaring away too many prospective members). It’s sometimes easy to slip pretty bad, so the higher the requirement the longer the probation I believe. At least a week and no less if we are going to have ‘average’ or ‘below average’.

You may notice in the language that it dictates what nations should strive for instead of what they shouldn’t, thus I also continued with adding the allowed categories and not the disallowed. I think it’s good if the opening section of the constitution has a ‘positive/neutral’ feel to its choice of words, while adequately leaving the ‘negative’ wording for the following suitable section.

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Article II. Probation & Expulsion

Membership shall be closed to a nation that does not comply with Ch. I, Art. I and may until it brings itself into compliance be immediately ejected by the Founder or the WA Delegate upon arrival to the region. Should a member suddenly find itself in violation with Ch. I, Art. I it shall be granted probation; a one week grace period in which to recover or face expulsion.

Nations engaging in disruptive behaviour as evidenced by spamming, griefing, verbal attacks, use of unacceptable (racist, sexist, homophobic, anti-Semitic, etc.) rhetoric, defamation of character, fomenting unrest, or other actions deemed offensive or for the region disgraceful by a significant number of members, may immediately be expelled or put on probation by the Founder or WA Delegate for review. Probation implicates a warning and opportunity for redemption.

Expulsion of a member, whether it is the result of violating Ch. I, Art. I or conducting disruptive behaviour, may be overturned by a majority vote in the Union Assembly.


Article III. Accountability

All members of the region are entitled to the rights outlined in this document and are expected to fulfil the responsibilities described herein. No nation may claim precedence over another by virtue of length of residence in the region or for any other reason; nations shall respect each other as equals in all things.

Except for the specifically enumerated power cited herein, it is understood that the Founder and WA Delegate shall have the same rights, duties, and obligations as other nations. In the event the Founder ceases to exist, the Founder's exempt responsibilities shall automatically be transferred to the WA Delegate, and in the event the Founder returns from extinction it shall automatically reclaim its powers.

The Founder shall have the option of exercising executive powers over the region in the event that an invasion occurs. The Founder shall relinquish these executive powers once the invading nations have been expelled and the region restored.


I don’t think the WA delegacy and founder would need its own section under ‘organ’ or ‘governance’. I placed their meaning and responsibilities wherever they fit the best in the constitution.

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Chapter II – Organisation

Article I. Union Assembly/Parliament/Congress/Plenary/House/etc…

The Union Assembly shall be the supreme policy and decision-making body of the Union, and any member of the region may voluntarily agree to become a member of the Union Assembly. Its decisions are binding. This body shall have a one-cast/one-vote policy for all its members. Non-members may debate and present recommendations to the Union Assembly, but shall not have voting rights. Neither shall members put on probation or suffer expulsion be allowed to vote.

Any member of the Union Assembly shall have the right to hold office in the Foreign Ministry or the Secretariat, provided that the nation is in compliance with Ch. I, Art. I.


For our legislative body I provided several examples of names that we may use. I myself find ‘Union Assembly’ to be a nice one, since ‘assembly’ is used in international context and ‘union’ referring to our regional name which I hope we’ll use in some way (for example; Union Parliament, Union House, etc.). However, if I would have to choose between ‘Parliament’ and ‘Plenary’ it would have to be former, thinking about what would sell the most to prospective members.

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Article II. Foreign Ministry

The Foreign Ministry shall consist of the WA Delegate and at least two Ambassadors. The WA Delegate shall serve as a secretary for the Foreign Ministry; coordinating the region’s foreign policy, and serve as the regional delegate to the World Assembly. The Ambassadors shall assist the WA Delegate in the execution of foreign policy by maintaining embassies, managing diplomatic correspondence, negotiating alliances, and undertaking any other related necessary tasks.

The Union Assembly may, by a majority vote, disapprove of the Foreign Ministry's conduct such as the establishment of an embassy in a foreign region or extension of diplomatic recognition to foreign embassies or ambassadors.

The Foreign Ministry shall be charged with the recruitment of nations. A standard recruiting telegram shall be adopted by a majority vote of the Union Assembly for use by the Foreign Ministry; the vote is conducted in the same manner as specified in Ch. III, Art III. Amendments.


Juventine suggested the following: “The Foreign Secretary shall serve as the regional delegate to the World Assembly (and therefore must be a World Assembly member)” which I thought would equal the duties of the WA Delegate in any case.

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Article III. Secretariat

The Secretariat shall carry out the administrative functions of the Union and present proposals or recommendations to the Union Assembly. The Secretariat shall keep an archive for all decisions of the Union Assembly and maintain a roster of all its members and all nations with official posts in the Union. The Secretariat shall also maintain a roster of foreign ambassadors or embassies accorded diplomatic recognition within the region.

The Secretariat shall consist at least of a General-Secretary. A Vice General-Secretary may also be elected. They shall facilitate debate, declare votes open and closed, post important forum content to the regional message board such as announcing the coming nomination and election, and direct the management and administration of the forum.

Administrators of the official forum may appoint Moderators to help the Secretariat maintain the forum by moving displaced threads, enforcing standards of forum etiquette, and noting any incidents of misbehaviour. The Secretariat may suggest suitable candidates for Moderator/Admin positions to the Administrators.


I actually think it’s a good idea to leave it open in having more than one officer in the secretariat in the form of a Vice Secretary-General (for the lack of a better name… Assistant General-Secretary perhaps?). This way the work burden could be eased, and have the administrative tasks be uninterrupted should one need to be more or less inactive. The duties would be the same, and shouldn’t pose any problem. Possible disagreement could be taken to the Union Assembly or Mods/Admins for third party advice and opinion.

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Chapter III – Regulation

Article I. Elections

The Union Assembly shall elect officers to the Foreign Ministry and the Secretariat by a majority of Union Assembly members voting. Nations may nominate themselves for multiple positions, but may not hold multiple offices unless there are not enough candidates to ensure that each office is held by a separate nation. Eligibility for Elections; a nominee must be (1) member of the official forum, (2) member of the Union Assembly, and (3) not be put on probation, or the nominee will be deemed invalid once the vote begins. The following positions are open for nomination:

General-Secretary
Vice General-Secretary
WA Delegate
Ambassador


Officers shall serve for a term lasting ninety days. 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 officers shall take up their positions and the term cycle shall reset.

Elections for the WA Delegate shall be limited to Union Assembly 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.


In my opinion the ambassadors doesn’t need to be members of the World Assembly for performing their duties well. One can still track the events of the World Assembly pretty reasonably.

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Article II. Recall & Inactivity

Any member of the Union Assembly that has been inactive for twenty-eight days and therefore removed from NationStates shall also be removed from the Union Assembly. Any member that has informed the Union of an absence or vacation lasting longer than twenty-eight days shall not be expelled from the Union Assembly.

Any official that has been inactive in their duties for more than fourteen days shall be removed from office and a replacement be appointed in a special run-off election for the remaining days of that position. Any official that has informed the Union Assembly of an absence or vacation lasting longer than fourteen days shall remain in their position and have a representative appointed, with the consent of the majority of the Union Assembly, by the Secretariat (or Founder/WA Delegate in the case of absence of the Secretariat) for the duration of their absence. Should the officer cease to exist after twenty-eight days, the replacement becomes permanent.

An official may be impeached and/or expelled from their position by majority of the Union Assembly for misuse of office, behaviour unbefitting of their position or tarnishing the reputation of the Union, or any other performance that does not carry a majority support from the Union Assembly. A recall may be initiated by any member of the Union Assembly and be open for vote for at least five days. A replacement shall be appointed, with the consent of the majority of the Union Assembly, by the Secretariat (or Founder/WA Delegate in the case of absence of the Secretariat) for the remaining days of that term.


Article III. Amendments

Any member of the Union Assembly may propose an amendment to this Constitution. The proposal must have been open for debate for at least seven full days; the period may be lengthened by the amendment’s author. When the discussion has concluded, the Secretariat shall establish a voting period of seven full days, which may be extended at the Secretariat's discretion. If a majority of the Union Assembly favours the amendment it will be edited into the Constitution and considered law.


Article IV. World Factbook Entry

Any member of the Union Assembly may propose a new or edited World Factbook Entry. The new or edited proposal must be approved of by a majority of the Union Assembly in a vote conducted in the same manner as voting of amendments. The proposal must include references to the DLU membership requirements of Ch. I, Art. I and the WA Delegate election specifications of Ch. III, Art. I. The WA Delegate or Founder must then according to the outcome of vote update the World Factbook Entry.


Ch. IV – Tools & Symbols.

Art. I. Insignia

The motto of the DLU shall be ‘Alta alatis patent’.
The flag of the DLU shall be (eventually adopted flag) (hyperlinked).


Art. II. External resources

The official forum used by the DLU shall be (hyperlinked).


Art. III. Units

The time zone of the DLU shall be Greenwich Mean Time. This shall be used in elections and votes on amendments, recruiting telegrams and entries on the World Factbook.


I’m really unsure about this last Chapter. It more or less just served as my trash bin for stuff I didn’t know where to put. You have probably a much better idea what to do here.

So… how many do now feel I violated your work raise hands! :P
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