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Old Constitution

Offline Renegalle

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on: August 02, 2018, 09:29:16 pm
    Constitution

    We the people, of Force come together in the creation of a constitution to constitute how this region is run and how its citizens must act.

    1. Officials

    • 1.1. Mandatory Elected Officials
      The Prime Minister, Minister of Internal Affairs, Minister of Foreign Affairs, Minister of the Military, Minister of Roleplay, Minister of Judicial Affairs, and Minister of Culture are all mandatory elected officials and are required to be elected or re-elected every 3 months.
    • 1.2. Mandatory Non-Elected Officials
      The Research Officers are mandatory officials and may be appointed or removed from their positions by the Founder and Prime Minister.
    • 1.3. Duties

      • 1.3.1. Prime Minister
         The Prime Minister is required to lead the region by actively getting members involved in events, working with the founder to get things done, and providing leadership and advice to their Ministers. In addition, they must contribute to the region in a meaningful way and work to make the region thrive. The Prime Minister is responsible for overseeing any executive actions, supervise all cabinet discussions and monitor other minister duties. The Prime Minister shall have the power to remove Ministers for failing to do their duty and/or committing criminal acts against the Constitution, Force, Force citizens, and allies. The Prime Minister shall have the power to appoint, or hold elections for interim Ministers in the event of an absence of a post until the next election period. Any powers not assigned by the constitution or other law shall be governed by the prime minister with oversight from the founder.
      • 1.3.2. Prosecutor
        The Prosecutor is required to review all requests for criminal cases and only elevate those cases which find the accused to be contravening any part of the Constitution or any other laws currently enacted. Elevated cases must include the Prosecutor abiding by the Court procedure to ensure that a fair verdict is reached. The Prosecutor must also maintain records of rulings, sentences, and any notes about cases during their time.
      • 1.3.3. Ministers

        • 1.3.3.1. Minister of Internal Affairs
          The Minister of Internal Affairs is required to manage all domestic matters of the region and should, along with the Prime Minister, work to actively involve members of the region in events, work to ensure nations of the region know what is happening, and that a nation's experience in the region is as fine as possible. They are also responsible for publishing a weekly newsletter including updates from all departments.
        • 1.3.3.2. Minister of Foreign Affairs
          The Minister of Foreign Affairs is required to appoint ambassadors to serve all embassies of Force (one ambassador may serve multiple regions), release editions of The Force Flyer at least every 20 days, and work to strengthen relations with existing embassies and forge relationships with new ones.
        • 1.3.3.3. Minister of the Military
          The Minister of the Military is required to maintain an existing and at least somewhat active military, and routinely run practice military operations to ensure that a strong military is maintained.
        • 1.3.3.4. Minister of Roleplay
          The Minister of Roleplay is required to maintain an active and working Roleplay program, ensure that all members of the region are aware of existing Roleplays, create new Roleplays routinely for members of the region to participate in, make sure a regional map is maintained with the help of the Founder, and ensure that all Roleplay is done in a professional manner and is kept to a strict set of rules.
        • 1.3.3.5. Minister of Judicial Affairs
          The Minister of Judicial Affairs shall be responsible for selecting a jury when needed, overseeing the Prosecutor, and helping to maintain court records.
        • 1.3.3.6 Minister of Culture
          The Minister of Culture is responsible for creating and running events and holidays, and preserving old and creating new traditions.

      • 1.3.4. Research Officers
        The Research Officers are required to run regional polls routinely (when other polls are not being run) and to report the findings of these regional polls (if of serious matters) to the Minister of Internal Affairs, Prime Minister, and Founder.
      • 1.3.5. Deputies
        Ministers shall have the power to appoint a deputy who will assist them in their duties.


    2. Elections

    • 2.1. Frequency
      Elections must be held every 3 months and may not be held before or after this time unless in the case of an absence.
    • 2.2. Process
      Elections will have 3 stages unless in the case of an absence of opposition. Candidacy Declarations will be held for 7 days, followed by formal debate for 3 days, and concluding with voting for 7 days.
    • 2.3. Absence of Opposition
      In the case of the absence of opposition for a position, the only candidate will automatically be elected if there is still a lack of opposition after candidacy declarations close. If no candidates are present, the Founder is granted the right to appoint a citizen without vote.
    • 2.4. Fraud
      Fraud is defined as a case in which a citizen up for election either individually, or with help from conspirators attempts to change the outcome of the election by means of creating multiple accounts. If discovered, all parties found to be committing the offense will have their voting rights suspended for a year and be disqualified from holding elected office for 2 years.

    3. The Assembly

    • 3.1. Membership
      All citizens are granted membership into The Assembly and have the right to vote on regional law without interference.
    • 3.2. Rights
      All Assembly members are granted the right to propose amendments to the Constitution as well as vote on changes to the law proposed by other Assembly members.
    • 3.3. Procedure
      After a proposal to change the law is made (a bill), formal debate starts. All Assembly members can openly make suggestions to change the bill or debate it and this period is until 2 citizens motion for a vote. At this time, a vote will be scheduled and no more changes can be made to the bill. Any changes made will result in the cancellation of a vote. The vote will last a total of 5 days after which a simple majority will decide whether or not the bill will become law.


    4. Absences

    • 4.1. Founder
      The absence of the Founder is defined as an event in which the region's founding nation ceases to exist. The WA Delegate is automatically granted executive authority through game mechanics. To ensure the safety of the region, the following must happen. The WA Delegate must password lock the region for a minimum of 14 days. During this time, meetings will be arranged with our allies to figure out how to protect the region. After this time, the law must be changed and the WA Delegate must become an elected position and in charge of the region. If at any time, the Founder nation is refounded, these talks must be cancelled and the password-lock must be removed.
    • 4.2. Prime Minister
      The absence of the Prime Minister is defined as an event in which the Prime Minister's nation ceases to exist or are not active in carrying out their duties in office. In this case, an emergency election must be held to replace them.
    • 4.3. Ministers
      The absence of a Minister is defined as an event in which a Minister's nation ceases to exist or are not active in carrying out their duties in office. In this case, an emergency election should be held to replace them although if the next election is within 14 days of this event, an emergency election is not needed.

    5. The Court

    • 5.1. Election of Prosecutor

      • 5.1.1. The Prosecutor is chosen by the member nations of Force as the guardian of the Constitution.
      • 5.1.2. An election of the Prosecutor must be held every 12 months.
      • 5.1.3. Elections will have three stages unless in the case of an absence of opposition. Candidacy declarations will be held for a period of 7 days, followed by formal debate, and concluding with voting.
      • 5.1.4. In the case of the absence of opposition for a position, the only candidate will automatically be elected if there is still a lack of opposition after candidacy declarations close. If no candidates are present, the Founder must appoint the candidate without a vote.

    • 5.2. Legal Cases
      All citizens have the right to present a legal case to the Court by opening a new thread in the 'Court' forum and presenting their case.
    • 5.3. Procedure

      • 5.3.1. Each nation has the right to bring a case, whether criminal or civil, before the Court.
      • 5.3.2. In bringing a case before the Court, the applicant nation should set out:

      • 5.3.2.1. An injury in terms of the region's Constitution;
      • 5.3.2.2. The respondent nation against whom relief is sought;
      • 5.3.2.3. The facts pertaining to the injury;
      • 5.3.2.4. Prove to the Court that the Court has the authority to adjudicate in the matter;
      • 5.3.2.5. Prove to the Court that it has send a Telegram to the respondent nation with a copy of the claims brought against it; and
      • 5.3.2.6. Set out the relief sought by the applicant nation.

    • 5.3.3. The Court will choose a jury to help them come to a verdict; this jury will consist of three citizens of Force.
    • 5.3.4. The Court will ask the respondent nation to reply to the applicant nation's claim/s, within 5 calendar days, by:

    • 5.3.4.1. Acknowledging or rebutting the Court's authority to adjudicate in the matter;
    • 5.3.4.2. Acknowledging or rebutting the applicant nation's facts pertaining to the injury;
    • 5.3.4.3. Giving new evidence and stating new facts pertaining to the matter; and
    • 5.3.4.4. Asking the Court for alternative relief or dismissing the matter.

    [/li]
    [li]5.3.5. The Court will ask the applicant nation to reply to the respondent nation's acknowledgments/rebuttals, within 5 calendar days, by:

    [/li][li]5.3.5.1. Acknowledging or rebutting the respondent nation's evidence; and [/li]
    [li]5.3.5.2. Asking the Court for alternative relief or dismissing the matter.[/li][/list]

    [/li]
    [li]5.3.6. The Court will, finally, ask the respondent nation to reply to the applicant nation's final acknowledgments/rebuttals, within 5 calendar days, by:

    [/li][li]5.3.6.1. Acknowledging or rebutting the applicant nation's further claims and/or evidence; and [/li]
    [li]5.3.6.2. Asking the Court for alternative relief or dismissing the matter. [/li][/list]

    [/li]
    [li]5.3.7. After the final arguments are filed in the 'Court' forum, the Prosecutor & the Jury will have 10 calendar days to review all the evidence, apply the region's Constitution, and, where applicable, consider international law to reach a conclusion and decide on the appropriate relief. [/li]
    [li]5.3.8. The Prosecutor will review both their findings and the findings of the jury and make a judgement.[/li]
    [li]5.3.9. A judgment handed down by the Prosecutor is applicable across the whole of the region and enforceable against all member nations. [/li]
    [li]5.3.10. A judgment handed down by the Prosecutor must be in writing and posted on the 'Court' forum. [/li]
    [li]5.3.11. A judgment handed down by the Prosecutor must be enforced by all member nations. [/li]
    [li]5.3.12. Where the applicant and respondent are both members of the World Assembly, the Court must consider international law. Where one or both member nations are not members of the World Assembly, the Court should only apply the Region's Constitution. The former will not have region-wide precedence whereas the latter will have region-wide precedence.[/li][/list]

    [/li]
    [li]5.4 Punishments

    • 5.4.1. The Cabinet shall review all punishments handed down by the Prosecutor.
    • 5.4.2. The Cabinet may vote to overturn punishments with a 2/3 majority vote.

    [/li]


    [li]5.5. Removal of Prosecutor[/li]
    [li]
    [/li][li]5.5.1. A Prosecutor found to be contravening any provisions of the Constitution, or fails to fulfill his/her duties, must be brought before the Executive who, according to the procedures outlined in article 5.3.3. to 5.3.5. must conduct an investigation.[/li]
    [li]5.5.2. The Minister of Internal Affairs may temporarily be appointed to serve as the Interim Prosecutor.[/li]
    [li]5.5.3. The Executive, by a margin of at least 4 to 3, must decide to remove the Prosecutor from his/her position. [/li]
    [li]5.5.4. The Executive, by a margin of at least 4 to 3, must decide on an appropriate penalty for a Prosecutor found guilty in terms of article 5.5.3.[/li][/list]

    [/li][/list]

    6. Miscellaneous

    • 6.1. Treason
      Treason is defined as an event in which a citizen attempts to undermine the legitimate government of the region or its allies, hurt its people or its allies people, give sensitive information to foreign governments or people without the explicit permission of the government of Force, or break a legally binding oath. These events are considered crimes and are punishable by law.
    • 6.2. Conspiracy
      Conspiracy is defined as helping a citizen commit any of the listed crimes, however the punishment will be less harsh than the listed crime unless involvement in the crime is greater than that of other participants in committing the crime or where otherwise specified by law. In that case, the appropriate punishment for the crime will be given.
    • 6.3. Treaties
      All treaties between Force and foreign governments are official legally binding documents between both parties.
    • 6.4. Communications
      All cabinet members must have a Discord account and be in the Force Discord server.
    • 6.5. Meetings
      Non-mandatory cabinet meetings shall take place weekly under the supervision of the Prime Minister.
      Deputies may take the place of their department minister during the meeting.
    « Last Edit: September 10, 2018, 12:21:40 am by Renegalle »