New Consitution

Romanoffia

Garde à l'eau!
OK, I have a draught Constitution that I want everyone to start streamlining:

Legislative Branch

Article I

Section 1 - 1. All legislative powers herein delegated shall be vested in a Regional Assembly of The North Pacific

Section 2 - The Assembly shall create procedure for membership in and removal from the Assembly. All officers of government, elected or appointed, shall be members of the Regional Assembly.

Section 3 - All Regional Assembly members shall have been citizens of The North Pacific for at least 30 consecutive days prior to applying for membership in the Regional Assembly, after which, leaving the region for non-authorised purposes shall constitute an abrogation of citizenship.

Section 4 - All votes on legislation and other matters shall last seven days, simple majority of the votes cast during that period determining the results, abstentions not withstanding.

Section 5 - The Regional Assembly shall be headed by a Speaker, elected by simple majority of those participating in a vote.

Section 6 - Regional Assembly shall have the sole power to try all impeachments. When the Delegate of The North Pacific is tried, the Chief Justice shall preside; and no person shall be convicted without the concurrence of two-thirds of the members present.

Section 7 - Judgment in cases of impeachment shall not extend further than to removal from office, and disqualification to hold any office of honor, trust, or profit under The North Pacific; but the party convicted shall, nevertheless, be liable and subject to indictment, trial, judgment, and punishment according to law.

Section 8 - Only the Regional Assembly shall have the authority to declare war, make treaties, abrogate treaties on a vote of two thirds majority.

Section 9 - Every law, or resolution having the force of law, shall relate to but one subject, and that shall be expressed in the title.

Section 10 - The Regional Assembly shall have the authority to establish by law the dates of elections.

Section 11 - Amendments to the Constitution shall require a simple two thirds majority vote of those nations voting, during a seven day period, abstentions not withstanding, and such vote is exempt from a Delegate Veto.

Article II

Section 1 - The executive power shall be vested in a Delegate of The North Pacific. He and the Vice Delegate shall hold their offices for the term of four months; but the Delegate shall not be reeligible.for more than two consecutive terms.

Section 2 - The Delegate shall appoint cabinet members as needed, and at will, upon a simple majority approval by the Regional Assembly. The Delegate must appoint Ministers of Defense, Interior, Foreign Affairs and Communications.

Section 3 - In any instance where the Delegate is absent, incapacitated, unwilling or unable to carry out his duties the Vice Delegate shall exercise the powers of the Delegate.

Section 4 - The Delegate shall maintain a sufficient endorsement level; the Vice Delegate’s endorsement account being determined by arrangement between the Security Council and the Delegate.

Section 5 - The Delegate, Vice Delegate, and all civil officers of the The North Pacific, shall be removed from office on impeachment for and conviction of treason or other high crimes and misdemeanors.

Section 6 - A Security Council will be Established as a cheque upon the powers exerted by the Delegate, and to maintain the general security and sovereignty of the The North Pacific. The Security Council shall consist of any nation that has sufficient endorsements and influence level that the Delegate and Vice Delegate agree upon, all nations in good standing and no nation denied except upon legal or constitutional grounds. The Security Council shall report directly to the Delegate and Vice Delegate as to any security threats to the region and advise and direct the Delegate as to the appropriate action within the confined of The Constitution and Laws enacted by the Regional Assembly.

Section 7 - The Delegate shall have the authority to veto any bill that has passed the RA with less than two thirds majority vote of those nations voting, abstentions not withstanding.

Section 8 -

1. Ejection and/or banning from the region The North Pacific may be prescribed as a punishment for violations of regional laws. Violation of forum Terms Of Service and moderation policies remain the responsibility of forum administration.

2. The Delegate is permitted to eject and/or ban violators of NationStates rules without prior or further consultation from the Government.

3. The Delegate is required to eject and/or ban Nations and/or Players that have been sentenced in the Courts to be ejected or banned from the region for breaking regional laws, or as required by decision of the Security Council unless the Delegate decides that it is a legal or constitutional violation to do so, or if the Court decides that such an action is unconstitutional or illegal. The Delegate and/or Court has 24 hours to adjudicate the matter, The Court having the final decision. Should the Court not act in a timely fashion and such actions are not illegal, the Security Council will order the Delegate to act.

4. The Delegate is to inform the region and the Government of all ejections or bannings carried out in a timely manner.
5. The Delegate, in carrying out these duties, must maintain an adequate level of regional influence.

Article III

Section 1 - The judicial power of The North Pacific shall be vested in one Supreme Court, and in such inferior courts as the The Regional Assembly, from time to time, ordain and establish. The judges, both of the Supreme and inferior courts, shall hold their offices during good behavior. Justices shall serve four month terms.

Section 2 - The judicial power shall extend to all cases arising under this Constitution, the laws of The North Pacific, and treaties made, or which shall be made, under their authority; to all cases affecting ambassadors, other public ministers and consuls; to all cases of admiralty and maritime jurisdiction; to controversies to which the The North Pacific shall be a party; to controversies between two or more Nations; but no Nation shall be sued by a citizen or subject of any foreign state.

Section 3 - In all cases affecting ambassadors, other public ministers and consuls, and those in which a State shall be a party, the Supreme Court shall have original jurisdiction. In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction both as to law and fact, with such exceptions and under such regulations as the Congress shall make.

Section 4 - The trial of all crimes, except in cases of impeachment, shall be by a jury of judges consisting of three judges, a fourth presiding.

Section 5 - The Supreme Court Shall consist of one Supreme Justice, elected by a simple majority of the Regional Assembly and the rules thereof, and a number of judges previously having served on the court.

(Addendum: Add bill of rights).

(note: struck out the 'inferior courts' item for obvious reasons)


Add, subtract, comment, bash me, etc.,,,


It's just a start. We need to get it down to as few words as possible and as simple as possible.
 
I've had a brief look at it. First thing that pops to mind, is wouldn't having more than one court, as such involving appellate and original jurisdiction complicated it even more? not only that we would need judges who actually show up for their positions?

I've been pulling apart/looking at Elu's proposal as well, I will do the same with yours. What do you think of extending Delegate/Vice Delegate terms to 6 months? and shortening the Justices term to 4 months? I think it would make more sense this way...
 
I really don't have that much to disagree with this New Constitution proposal, the delegate term lasting 4 months seems fair, I think however that extending the terms of delegate and Vice Delegate to much longer than say 5 months would be a bad idea, as it would only strengthen the delegates authority at a time when the delegate of the region should be seen as a servant to the region and not a power hungry dictator that needs more time in office.,
 
Hmm, Well what I was thinking was maximum of two 6 month terms, with a mid-term confirmation style vote, so if we are unhappy with the Delegate/Government we have the ability to remove them?

The other idea is to say a maximum of 9 months as Delegate (3 terms of office), with the Delegate/Vice Delegate fighting for re-election every 3 months. I just think this way, we could remove a D/VD via regular elections.
 
mcmasterdonia:
Hmm, Well what I was thinking was maximum of two 6 month terms, with a mid-term confirmation style vote, so if we are unhappy with the Delegate/Government we have the ability to remove them?

The other idea is to say a maximum of 9 months as Delegate (3 terms of office), with the Delegate/Vice Delegate fighting for re-election every 3 months. I just think this way, we could remove a D/VD via regular elections.
I agree with mcmasterdonia's proposal of Two 6 month terms, with a mid-term confirmation style vote

I disagree however with giving the delegate even the chance of being in office for 3 terms
 
mcmasterdonia:
I've had a brief look at it. First thing that pops to mind, is wouldn't having more than one court, as such involving appellate and original jurisdiction complicated it even more? not only that we would need judges who actually show up for their positions?

I've been pulling apart/looking at Elu's proposal as well, I will do the same with yours. What do you think of extending Delegate/Vice Delegate terms to 6 months? and shortening the Justices term to 4 months? I think it would make more sense this way...
Yeah, I just noticed that. I was thinking that there may be a need for the occasional tribunal, but, you are right. I'll strike out that item.

Also, I think longer terms for the Delegate and judges might also be good, as you suggest.
 
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