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Constitutional Convention
Topic Started: 28 Jul 2010, 12:23 PM (908 Views)
Terpomoj
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Fair enough, but personally I like the proposed arrangement, as otherwise foreign policy would be a mess between two competing bodies, rather than a consistent and regional approach to all foreign affairs (which makes sense and would be more easily implementable if the WA Delegate is in the Foreign Ministry). If we separate out the bodies, we'll just end up running into the same issues the DSA is having now with the WA Delegate and the Charter.
Edited by Terpomoj, 10 Sep 2010, 12:32 PM.
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Nouvelle-France Rouge
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No I don't think we would though because we have clearly specified how to deal with the whole endorsements+WA Delegate issue. It was just a thought, what do you think Nyahamn?
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Nyahamn
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The role as suggested so far for the WA delegate share the responsibility of conducting certain tasks of relevance for foreign policy along with the nature of the Ambassadors. Similarities between the Founder and WA delegate regarding responsibilities are already covered in respective fields irrelevant of the Founder having a section on its own outlining exclusive ‘rights’ for that particular position. If we can think upon exclusive tasks for the WA delegate that doesn’t really connect to the different existing sections of the current constitutional proposal then I’d could see it validate a section on its own, or combining those with the Founder section. Any ideas of independent responsibilities and rights for the WA delegate outside of the other areas? I can’t think of any unfortunately at the moment.
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Terpomoj
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If anything, such other powers would simply make the region less democratic. I think having the Union Assembly as the chief decision-maker means such other or future tasks would be decided by them, which is in my view the most democratic option (as then everyone gets a voice, not just a vote—as would be the case with giving the elected WA Delegate more responsibilities).

Unrelated, but Nyahamn, I was wondering if you could possibly have a read over my previous comment on the document (at your leisure) and see what you think. Thanks.
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Nyahamn
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Certainly! Which one though (I’m tired)?

Good point about the WA delegacy; giving more independence to the position isn’t required if we wish the Union Assembly to be the prime decision making body. By the members for the members, so to speak.
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Terpomoj
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Quote:
 
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.
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The Cercades
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Please feel free to proceed without me. My current schedule and need to adjust to working during the week means that I have very limited spare time, so until I work out some of the kinks I won't be around very much. I trust your collective judgment; I'd just like to see a final version (rather than try to sort through everything posted above), but I don't see why I wouldn't be able to agree with whatever the end product is.
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Terpomoj
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I believe the below proposal is very nearly completed, if not so already. It contains some minor grammatical changes and additions. Any further gripes?

Proposed 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 – The Union Assembly
Art. II – The Foreign Ministry
Art. III – The Secretariat
Art. IV – The Founder

Ch. III – Regulation
Art. I – Elections of officials
Art. II – Recall & Inactivity
Art. III – Amendments & Interpretation
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 the ‘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.

Members 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 be immediately expelled or put on probation by the Founder or WA Delegate. Probation implicates a warning and opportunity for redemption.

Expulsion of a member, whether as the result of a violation of Ch. I, Art. I or the participation in 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 members.



Chapter II – Organs

Article I – The 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 and members on probation may debate and present recommendations to the Union Assembly, but shall not have voting rights.

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.

The Union Assembly shall seek the advice and consent of a majority of voting Union Assembly members when appointing such lesser officers as may be needed to carry out the functions of the DLU.


Article II – The 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 – The 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 rights and 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 the Chief Administrative Officer 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 seventy-fifth day of the terms and close at 00:00 GMT on the eighty-second 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 eighty-third day of the terms and close at 00:00 GMT on the ninetieth 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 ninety-first 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 World Assembly. 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 voting members, 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 & Interpretation

Any member of the Union Assembly may propose an amendment to this Constitution. The proposal must remain open for debate for at least seven full days, but this period may be lengthened as the amendment's author sees fit. The Secretariat shall then administer a voting period of seven full days, which may be extended at the Secretariat's discretion. If a majority of voting Union Assembly members favours the amendment, it will be amended into this Constitution and considered law.

Should a point of law need clarification, the Union Assembly may debate and vote upon a clarification, which may then 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.


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 voting Union Assembly members 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

Article I – Insignia

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

The flag of the DLU shall be this flag (hyperlinked).


Article II – External Resources

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


Article 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 the World Factbook Entry.


EDIT: Just a thought, but if we remove the ‘...sole law...’ bit (highlighted in green in the above) of the dedicatory/introduction thing, it would allow us to create laws outside of the Constitution in future (such as if we want to create a monetary/economic union for nations to opt-into, or a defence union that doesn't apply to the entire Union et cetera). I think this would be useful, and not a particularly big change. Thoughts?
Edited by Terpomoj, 22 Sep 2010, 12:52 PM.
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Nyahamn
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Sorry for haven’t answered to your inquiry earlier, Terpomoj. Are currently on a new dig site issued by the university plus several side-projects both private and through study. I agree to the added information in red, don’t see a problem here.

Regarding removing the “sole law”; well, you’re right that the constitution shouldn’t be a hindrance for creating such unions of different matters. However, since entities of these natures that you bring forth as examples are more or less optional compared to the rest of the constitution and if it really is “law” by the meaning of the word; would these be considered official and supported by the region yet optional? If so, we could keep it saying “sole law” while somewhere have it say that optional regional institutions are open to create and maintain with the consent of the Union Assembly (or other), thus perhaps adding another part to the Union Assembly (or other) section? It might also clarify these opportunities available for members by doing so. Or would it just make things difficult to comprehend?
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Terpomoj
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That's fine Nyahamn, take your time. Somehow I think your university activities are a little more important than NationStates :) .

I was actually thinking something similar, but to be truthful I forgot to insert it :) . I do think we need to remove the sole law bit if we insert another more specific paragraph though, just for the sake of consistency (and as it would then be superseded).


How about something like (under the Union Assembly section):

The Union Assembly shall have ultimate authority over the administration and control of any intra-regional institutions or organs. Such institutions or organs may be established as members of the Union see fit.
Edited by Terpomoj, 21 Sep 2010, 11:28 PM.
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