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Constitutional Convention
Topic Started: 28 Jul 2010, 12:23 PM (909 Views)
The Cercades
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I could sign on to this. I like the clear breaks between sections, and the fact that the sections feel more like narrative paragraphs than lists. Most of my comments are related to typography, word choice, and stylistic questions, so I'll hold off until we discuss whether this is a format we like. I think it strikes a good balance between my and Terpomoj's two extremes. What do others think?
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Terpomoj
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First section:
I like your Chapter/Article structure – much more functional and visually appealing, good work. The table of contents is also a great idea.


Second:
I like the idea of ‘Below Average’ just because I know how easy it is to stuff up an issue and see your ranking slide. A week’s probation is probably a good idea.

If we’re going to state allowed categories instead, can I suggest adding

Conservative Democracy
Free Market Paradise
Right-Wing Utopia


If we want to be truly democratic.

Calling the section Requirements is good by me, straight forward and simple.


Third, Forth, Fifth, and Sixth:
I disagree that the WA Delegate and Founder shouldn’t have their own section. I think under your Chapter II (Which I believe should be called Organs or Operations or something that specifies their role as special bodies of the region) the Founder’s and WA Delegate’s roles should be explicitly stated, so nations know exactly what rights and responsibilities those organs have in one accessible location. Having those responsibilities spread throughout the document makes it difficult for nations to know what exactly those positions do without having to search through the entire document.

I like the term Assembly or Union Assembly , much more appropriate to the region.

If we are to have a secretary of the Secretariat, I think it’s more appropriate to call them Secretary General, as the term General Secretary is more associated with communist party leaders than any specifically administrative role. Alternatively we could have a Chief Administrative Officer, and then have Deputy Administrative Officers as required.


Seventh:
Fine.


Eighth:
The last Chapter, although fairly random, is definitely needed so it’s good to include at the end.


Overall:
A mighty effort, well done Nyahamn! I agree with Cercades that this needs a little work in the details, but apart from that I can see a version of the Constitution working quite well. Thank you Nyahamn :) .

Cercades, with reference to you previous post, I’d just like to apologise again for my poorly worded response; I of course realise how much work and effort you put into your document. I hope I didn’t offend you too much, and if I did, I’m sorry.
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Nyahamn
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Alrighty. *cracks fingers*

Quote:
 
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
Art. II. Probation & Expulsion
Art. III. Accountability

Ch. II – Organisation
Art. I. Union Assembly
Art. II. Foreign Ministry
Art. III. Secretariat
Art. IV. The Founder and WA Delegate

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




Chapter I – Membership

Article I. Requirements

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 ‘Below average’ level or higher while sustaining one of the following WA categories:

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



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. (Moved)

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. (Moved)



Chapter II – Organisation

Article I. Union Assembly

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.


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.


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 Chief Administrative Officer. Deputy Administrative Officers 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.


Article IV. The Founder

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.

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.



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:

Chief Administrative Officer
Deputy Administrative Officer

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.


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.



Chapter 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.


Since the role of the WA Delegate is already described in the Foreign Ministry section and its conditions for election stipulated in the election section, I’m not sure if it’s efficient for us to echo these statements anew, or does it clarify the situation more if we did? The Founder got a new home though. We could also add a reference to other articles in the constitution that specifically details the Founder, and possible the WA delegate, like:

Added into 'Article IV. The Founder' which then changes name to 'The Founder and WA Delegate'
 
For further information detailing the responsibilities of the Founder and/or WA Delegate, please read the following articles of the constitution; Probation & Expulsion (Ch. I, Art. II.), Foreign Ministry (Ch. II, Art. II.), Elections (Ch. III, Art. I. ) and World Factbook Entry (Ch. III, Art. IV.).

Is this a good idea or would it just mess it up? I’m kind of in between. *cries*
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Terpomoj
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Looking good, but I have a few minor suggestions (my comments are in green) -- I may not have correctly stricken out deletions and highlighted all my edits in red, but I think you get the idea and flow:

Ch. I
Art. II

Membership shall be closed to a nations that does not comply with the membership requirements of 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 nation arrive in the Union outside of the prescribed membership parameters, immediate expulsion shall be enforced by the Founder or WA Delegate. 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 the required membership ordinances, or otherwise face expulsion.

Nations engaging in disruptive behaviour as evidenced by spamming, griefing, verbal attacks, use of unacceptable (racist, sexist, homophobic, anti-Semitic, etc.) (I don't think we should use example lists, they seem unprofessional and more a matter for later legal interpretation) 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 (We already know the nation is on probation, this seems unnecessary). Probation implicates a warning and opportunity for redemption.


Ch. I
Art. III
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 matters and instances throughout the region.


Ch. II
Art. I
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 m Members put on probation or suffer expulsion shall not be allowed to vote, but may debate and present recommendations to the Union Assembly. (I don't think nations that have been expelled should be allowed to debate or vote)


Ch. II
Art. II
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 serveing 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 correspondences, 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. (Again, I think this is a matter for later legal interpretation)

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 such a vote is to be conducted in the same manner as an amendment to this Constitution, as specified in Ch. III, Art III. Amendments.


Ch. II
Art. III
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 of 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 Union.

The Secretariat shall consist at least of a Chief Administrative Officer., but Deputy Administrative Officers may also be elected as necessary by the Chief Administrative Officer, and remain for the entirety of that Officer's term (I think Deputies should be elected by the CAO as necessary, not by the entire UA as that just creates more red tape and wastes time - also, they should only have that position as long as the CAO that elected them is in office). They shall facilitate debate, declare votes and elections open and closed, post important forum content to the regional message board such as announcing the coming nomination and election (Rather than listing examples, this is really a matter for later legal interpretation), and direct the management and administration of the forum.

Administrators of the official forum may shall appoint the Officers of the Secretariat as Moderators to help them 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. (If the Secretariat are the administrative arm of the Union, it's logical that they are also the Moderators of the forum so they can fulfil that role)


Ch. II
Art. IV
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.


Ch. III
Art. I
The Union Assembly shall elect the WA Delegate, Ambassadors to of the Foreign Ministry, and an Officer of 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 Nations eligable for Eelections; shall be limited to a nominee must be (1) members of the official forum, (2) members of the Union Assembly, and (3) members not be put on probation,; or the nominee nominations otherwise will be deemed invalid once the vote begins.
-Inserted space-
The following positions are open for nomination will be open for election:

Chief Administrative Officer
Deputy Administrative Officer
Vice General-Secretary
(If Deputies are to be elected by the CAO, then they can't be elected here)
WA Delegate
Ambassadors

The WA Delegate, the Ambassadors, and (We don't just have Officers) the Chief Administrative Officer shall serve for a term lasting ninety day terms. 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 officials shall take up their positions and the term cycle shall reset.


Ch. III
Art. II
Any official that has been inactive in their duties for more than fourteen days shall be removed from office and have 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. (What if they go on a long holiday, or have busy work commitments? - I think the representative can cover for an absence, no matter how long)

Any official may be impeached and/or expelled from their position by majority vote 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 seven 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.


Ch. III
Art. III
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;, but the this period may be lengthened by the amendment's author at their discretion. When the discussion has concluded, tThe Secretariat shall establish administer 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 amended into the this Constitution and considered law.


Ch. III
Art. IV
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, to be conducted in the same manner as voting of on an amendment to this Constitution in Ch. III, Art. III. 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. If successful, the WA Delegate or Founder must then according to the outcome of vote update the World Factbook Entry accordingly.



Things you may wish to include (in revised formats if necessary):

Quote:
 
Any nation or region, regardless of membership or affiliation, may be honoured by the Union Assembly 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.


Quote:
 
The Foreign Ministry and Secretariat shall seek the advice and consent of the Union Assembly regarding the appointment of such lesser officers as may be needed to carry out the functions of the DLU.


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



I don't think you need any other references to the WA Delegate, it's fairly clear in the Foreign Ministry section already.

Otherwise looking good :) .
Edited by Terpomoj, 20 Aug 2010, 02:10 PM.
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Nyahamn
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Ah, much clearer. Changes made (hopefully I didn’t miss anything). Good work! I don't think nations that have been expelled should be allowed to vote either; it was bad grammar.

Quote:
 
Any nation or region, regardless of membership or affiliation, may be honoured by the Union Assembly 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.

Is it necessary to include honours in a legal document? I never found this particular paragraph of the DSA charter to be of any use really since it’s an superficial, albeit nice, act. I’d encourage such events but have difficulties in seeing it as part of a constitution.

Quote:
 
The Foreign Ministry and Secretariat shall seek the advice and consent of the Union Assembly regarding the appointment of such lesser officers as may be needed to carry out the functions of the DLU.

Added!

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

I thought this was covered by the amendments for any desired change upon the constitution. Not sure I understand the difference but I’ve probably misinterpreted the meaning of the word.

The constitution as it currently goes:


The DLU Constitution
 
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
Art. II. Probation & Expulsion
Art. III. Accountability

Ch. II – Organs
Art. I. Union Assembly
Art. II. Foreign Ministry
Art. III. Secretariat
Art. IV. The Founder

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




Chapter I – Membership

Article I. Requirements

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 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 ‘Below Average’ level or higher while sustaining one of the following WA categories:

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



Article II. Probation & Expulsion

Membership shall be closed to nations that do not comply with the membership requirements of Ch. I, Art. I. Should a nation arrive in the Union outside of the prescribed membership parameters, immediate expulsion shall be enforced by the Founder or WA Delegate. Should a member suddenly find itself in violation of Ch. I, Art. I, it shall be granted a one week grace period in which to recover the required membership ordinances or otherwise face expulsion.

Nations engaging in disruptive behaviour as evidenced by spamming, griefing, verbal attacks, use of unacceptable rhetoric, defamation of character, fomenting unrest, or any other action deemed offensive or disgraceful by a significant number of members may immediately be expelled or put on probation by the Founder or WA Delegate. 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 matters and instances throughout the region.

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.



Chapter II – Organs

Article I. Union Assembly

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. This body shall have a one-cast/one-vote policy for all its members, and its decisions shall be binding. Non-members may debate and present recommendations to the Union Assembly, but shall not have voting rights. Members put on probation shall not be allowed to vote, but may debate and present recommendations to the Union Assembly.

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.


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 Union’s foreign policy and serving 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 correspondences, negotiating alliances, and undertaking any other related tasks. The Union Assembly may, by a majority vote, disapprove of the Foreign Ministry's conduct.

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

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


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 of 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 Union.

The Secretariat shall consist at least of a Chief Administrative Officer, but Deputy Administrative Officers may be elected as necessary by the Chief Administrative Officer, and remain for the entirety of that Officer's term. They shall facilitate debate, declare votes and elections open and closed, post important forum content to the regional message board, and direct the management and administration of the forum.

Administrators of the official forum shall appoint the Officers of the Secretariat as Moderators to help them maintain the forum by moving displaced threads, enforcing standards of forum etiquette, and noting any incidents of misbehaviour.

The Secretariat shall seek the advice and consent of the Union Assembly regarding the appointment of such lesser officers as may be needed to carry out the functions of the DLU.


Article IV. The Founder

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.

In the event the Founder ceases to exist, the Founder's responsibilities shall automatically be transferred to the WA Delegate. In the event the Founder returns from extinction it shall automatically reclaim its powers.



Chapter III – Regulation

Article I. Elections

The Union Assembly shall elect the WA Delegate, Ambassadors of the Foreign Ministry, and an Officer of 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. Nations eligible for elections shall be limited to members of the official forum, members of the Union Assembly, and members not on probation; nominations otherwise will be deemed invalid.

The following positions will be open for election:
Chief Administrative Officer
WA Delegate
Ambassadors


The WA Delegate, the Ambassadors, and the Chief Administrative Officer shall serve ninety day terms. 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 officials 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.


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 have a replacement 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.

Any official may be impeached and/or expelled from their position by majority vote 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 seven 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, but this period may be lengthened by the amendment's author at their discretion. The Secretariat shall administer 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 amended into this 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, to be conducted in the same manner as voting on an amendment to this Constitution in Ch. III, Art. III. 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. If such a vote is successful, the WA Delegate or Founder must then update the World Factbook Entry accordingly.



Chapter IV – Tools & Symbols.

Art. I. Insignia

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


Art. II. External resources

The official forum used by the DLU shall be this forum (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.
Edited by Terpomoj, 4 Sep 2010, 02:18 AM.
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Terpomoj
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Looking good. I hope you don't mind but I thought rather than me posting a response with tiny grammatical changes and then you responding, I'd just piggy back on your proposal (I didn't change any wording or anything, just some grammar).


As to the judicial interpretation paragraph, it's more to do with discrepancies that arise between existing points of law that need clarification, not so much amendments or changes to the Constitution. I think it exists so that people who read (for example):
Quote:
 
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
as including every little piece of information from those sections, and someone else saying just a broad reference is sufficient. In this way I think it's useful.


You're right about the honours thing, probably not needed.


We should also have a bit about the UA itself appointing lesser officers if need be.


I think this is nearing completion, we just need the input of Cercades and Dzavyrica now.
Edited by Terpomoj, 4 Sep 2010, 02:21 AM.
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Terpomoj
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Just wondering what our other forum residents think of this draft.
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Nouvelle-France Rouge
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Well personally I think this is a well thought out and concise document and I am very happy with it however, I think maybe we should outline the role and responsibilities the WA Delegate has in the region. I'm thinking maybe that this position should have its own paragraph like the Founder because the role is quite similar and they have almost the same amount of power. What do you think? Is it necessary or do you believe it is covered for enough?
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Terpomoj
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Well I think the though behind placing the WA Delegate in the Foreign Ministry section, rather than on its own, was because unlike the Founder, the WA Delegate operates within the Foreign Ministry (in this proposed Constitution), not independently. I could be wrong though, we need to ask Nyahamn.
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Nouvelle-France Rouge
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Maybe thats something we could look at, the WA Delegate operating more independently that is? I personally would prefer it that way. I would like everyone else's thoughts though?
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