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Constitutional Convention
Topic Started: 28 Jul 2010, 12:23 PM (906 Views)
The Poldgraszt Coalition
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I think the WA Delegate should behave more as an extension of our Regional Body of Government. I also agree with tasking the WA Delegate with Foreign Affairs. It would be nice to hear reports from the Delegate about what is happening on the Nation States web-page.
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Terpomoj
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Under this model they do; the only specific powers they have are with regards to disruptive nations, otherwise they simply act as a messenger and administrator of the Foreign Ministry to the World Assembly. I can't see how we can practically make then any more integrated and responsible to the Union Assembly, or diminished in any personal powers.

It would be nice to hear reports, but I suspect that would be more of a personal choice for whichever nation is in office at that time.
Added something below.

On a separate note, I've been thinking about positions and how we fill them before we have a significant numbers of members (and therefore candidates) in the region. I propose adopting something like the following under the Elections section to remedy this:

Understanding that no effective and democratic election can be held until a significant number of members join the Union Assembly, a minimum number of twenty member nations is hereby required before the first regional election can be held. Until such a benchmark is reached, the Founder may appoint officers as they see fit.
Edited by Terpomoj, 22 Sep 2010, 11:32 PM.
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Nyahamn
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Reports would indeed be nice to hear in WA affairs from the WA Delegate. Perhaps it can be included later as a recommendation in the constitution (or as a separate institution outside of the constitution given the opportunity stated below) should there be a demand from members of the region.

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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.

Sounds good to me. Go for it!

Quote:
 
On a separate note, I've been thinking about positions and how we fill them before we have a significant numbers of members (and therefore candidates) in the region. I propose adopting something like the following under the Elections section to remedy this:

Understanding that no effective and democratic election can be held until a significant number of members join the Union Assembly, a minimum number of twenty member nations is hereby required before the first regional election can be held. Until such a benchmark is reached, the Founder may appoint officers as they see fit.

Fully understandable, but I’d like the Union Assembly to be able to have a say in the matter through a small discussion of suitable candidates before their immediate installation in office. Even though the Founder’s words would be final there’s input to be had from other members in any situation the UA would find itself to be <21, for the sake of fairness.
Edited by Nyahamn, 22 Sep 2010, 05:05 PM.
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Terpomoj
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Ok, added something about reporting as well, see what you think.

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 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 – Regulations
Art. I – Elections of officials
Art. II – Recalls & Inactivity
Art. III – Amendments & Judiciary
Art. IV – The 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 officials 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 Chapter I, Article 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 Chapter I, Article 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 Chapter I, Article I or the participation in disruptive behaviour, may be overturned by a majority vote of 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 Chapter I, Article I.

Any law passed by the Union Assembly may later be altered or repealed by a majority vote of the Union Assembly—such a vote is to be conducted in the same manner as an amendment to this Constitution, specified in Chapter III, Article III.

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.

The Union Assembly shall seek the advice and consent of a majority of voting Union Assembly members when appointing such lesser officials 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 an amendment to this Constitution, specified in Chapter III, Article III.

The WA Delegate shall prepare reports for the consumption of all regional members as regards the activities of the Foreign Ministry, to be presented at intervals no longer than a fortnight apart.

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


Article III – The Secretariat

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.

The Secretariat shall carry out the administrative functions of the Union. It shall facilitate debates, declare votes and elections open and closed, post important forum content to the Regional Message Board, direct the management and administration of the forum, 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.

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 Chief Administrative Officer shall prepare reports for the consumption of all regional members as regards the activities of the Secretariat, to be presented at intervals no longer than a fortnight apart.

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


Article IV – The Founder

Recognising the special relationship of the Founder to the region, the Founder shall be given the privilege of casting a tie-breaking vote when necessary.

The Founder shall have the option of exercising executive powers over the region in the event that an invasion occurs. The Founder shall relinquish such 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 – Regulations

Article I – Elections

Recognising that no effective and democratic election can be held until a significant number of members join the Union Assembly, a minimum number of twenty member nations is hereby required before the first regional election can be held. Until such a benchmark is reached, the Founder may appoint officials, with the support of the Union Assembly, as they see fit.

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. Should a position remain free of a suitable candidate at the conclusion of the nomination period, the Founder, with the support of the Union Assembly, may appoint an official for the duration of that term.

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 – Recalls & 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, to continue in that office for the remaining days of the term. 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 & Judiciary

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 a majority vote of the Union Assembly, this panel’s decision is final and binding.


Article IV – The World Factbook Entry

Any member of the Union Assembly may propose a new or altered World Factbook Entry. The new or altered 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 Chapter III, Article III. The proposal must include references to the DLU membership requirements of Chapter I, Article I and the WA Delegate election specifications of Chapter III, Article 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.
Edited by Terpomoj, 2 Nov 2010, 11:33 AM.
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Terpomoj
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I don't think there are any more issues here and I'm happy to adopt this document, but does anyone else have have any other qualms or queries that need addressing before we do so?

EDIT: Included a sentence on reporting by the CAO as well, as I thought if the WA Delegate has to report it's only fair that the CAO does as well.

EDIT #2: Re-read over Cercades’ proposal and added their bit about a tie-breaker vote above.

EDIT #3: Changed a tiny bit of grammar and formatting.
Edited by Terpomoj, 1 Oct 2010, 11:16 PM.
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Nyahamn
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Nope, great work.

*prepares the champagne*
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Terpomoj
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Any other members of the Union have anything to add, subtract, admire, or dislike before we adopt?
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The Cercades
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Please, go ahead. My presence here is minimal, so I'm fine with whatever the rest of you have agreed to.
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Terpomoj
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Ok. As we have a majority of support for this document I think it's time to declare it adopted :) .

Party!
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