Grosseschnauzer
TNPer
This is the official text of the Constitution of The North Pacific, as revised by an amendment approved at a referendum held 29 March- 4 April, 2005, and certified on 5 April 2005. It includes constitutional amendments ratified by referendum held 5-11 June 2005.
A revision was adopted by referendum on 30 June to 6 July 2005 that replaced this revision.
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THE CONSTITUTION OF THE NORTH PACIFIC
Preamble:
WE, the Nations of The North Pacific (TNP), in order to establish justice, assure and protect the democratic institutions of the region, provide for common regional security, and to protect the rights of member Nations, do hereby ordain and establish this Constitution of The North Pacific.
ARTICLE I – Membership
Section 1: Requirements
In order to remain as legal members of The North Pacific, a Nation is expected to adhere to the following requirements:
1) Each member Nation will abide by the Constitution of The North Pacific and The North Pacific Legal Code enacted pursuant to Article III of this Constitution.
2) Each member Nation shall refrain from the threat or use of force against the territorial integrity or political independence of any other nation or region in a manner inconsistent with the Constitution of The North Pacific.
3) Each member Nation shall refrain from giving assistance to any nation or region against which The North Pacific is taking defensive or enforcement action. Exceptions shall be given to Nations acting with official authorization of the North Pacific Army or the North Pacific Intelligence Agency, and is subject to the consent of the Cabinet minister having appropriate jurisdiction.
Section 2: Registered Voting
In the interest of Regional security, member Nations shall be required to register prior to voting in Regional elections or referenda, as prescribed by the following procedures:
1) The Minister of Immigration and Internal Affairs shall oversee the process of voter registration, aided by the Prime Minister and the Regional off-site forum administrators.
2) Nations that reside in The North Pacific and who agree to abide by the requirements outlined in Article I, Section 1, of this Constitution will request registered voter status at th
e Regional off-site forum by posting a request in a thread for that exclusive purpose, created by the Minister of Immigration and Internal Affairs.
3) In their request, registered voters will be required to post a link to their TNP member Nation at NationStates.net, and in doing so, verify that they have taken the following oath:
5) The Minister of Immigration and Internal Affairs shall expeditiously process each such voter registration request, and shall place any Nation accepted as a registered voter in a public listing of currently registered voters maintained for that purpose at the Regional off-site forum.
6) At any time, should sufficient evidence be brought to the Minister of Immigration and Internal Affairs that proves that a registered voter fails to meet the requirements for membership due to the deletion of a Nation from NationStates through inactivity or NationStates Moderator intervention, that Nation's name may be purged from the list of registered voters. Should a Nation, whose voter registration has been purged, later be found to have been resurrected in NationStates, or that the Nation become a member of the Region once again, they may re-apply for voting rights according to the procedures in the preceding clauses of this Section. The act of expulsion or banning of a Nation from the Region prior to a trial or a referendum does not affect its status as a registered voter until and unless a final judgment is entered in a judicial proceeding or a final certification is entered in a referendum, whichever is applicable to the given situation. The North Pacific Legal Code may provide authority to the Minister of Immigration and Internal Affairs for the periodic purging of the names of registered voters who are no longer eligible to vote in the Region, upon due notice because they no longer meet the requirements of this Section.
Section 3. Declaration of Rights of The North Pacific
1) All Nations of The North Pacific are sovereign. Each Nation has the right of self-determination in that Nation’s domestic policies, including, but not limited to, issue selection and UN membership.
2) Each Nation’s rights to free speech, free press, and the free expression of religion shall not be infringed, and shall be encouraged, by The North Pacific Regional Government, or by the UN Delegate for The North Pacific. Each Nation shall have the right to assemble, and to petition The North Pacific Regional Government, or the UN Delegate for The North Pacific, for the redress of grievances.
3) Participation in The North Pacific Regional Government, the Regional off-site Forum, The North Pacific Army and The North Pacific Intelligence Service shall be voluntary.
4) No Nation of The North Pacific holding UN member status in NationStates shall be obligated to endorse any Regional Government official of The North Pacific. The right to add an endorsement or withdraw an endorsement is a sovereign right of that Nation as a UN member.
5) All Nations of The North Pacific have the right to be protected against the abuse of powers by any Regional Government official or by the UN Delegate for The North Pacific. Any Nation of The North Pacific shall have the right to request the impeachment of any Regional Government official or the UN Delegate for The North Pacific that is deemed participating in such acts.
6) No Nation shall be held to answer for a crime in a manner not prescribed in this Constitution or in The North Pacific Legal Code enacted pursuant to this Constitution, nor shall any Nation be subject to be twice put in jeopardy for the same offense; nor shall that Nation be compelled in any criminal case to be a witness against itself.
7) When charged with criminal activity, Nations of The North Pacific shall enjoy fair and impartial trials. All Nations shall have the right to a public trial. In any criminal proceeding, a Nation shall be presumed innocent unless guilt is proven to the fact finder by reasonably certain evidence. No Nation shall be ejected from the region, or banned from any forum, except as expressly authorized by this Constitution or The North Pacific Legal Code. Should a Regional Government official declare that the immediate ejection or banning of a Nation is an urgent matter of regional security, the ejected or banned Nation shall have prompt and immediate recourse to judicial review of the matter, or to request a referendum of the registered voters of the Region whether to ratify the declaration of expulsion or banning. The ejected or banned Nation may be represented by any counsel of the Nation’s choosing. The UN Delegate for The North Pacific shall not exercise the power of ejection or banning unless expressly authorized by a specific action of the Regional Government pursuant to this Constitution. No Nation convicted of a crime shall be subject to a punishment disproportionate to their crimes.
8) Each Nation in The North Pacific is guaranteed a Regional Government that is organized and operated under this Constitution on fundamental principles of democracy, accountability, and transparency. No action by the Regional Government of The North Pacific taken under this Constitution shall deny to any Nation of The North Pacific, due process of law, including notice and the opportunity to be heard, nor deny to any Nation of The North Pacific the equal and fair treatment and protection of the provisions of this Constitution or The North Pacific Legal Code.
Section 4. Jurisdiction, Review of Regional Government Action, Limitations Against Arbitrary Action in Emergencies.
1) Nations who register to vote in this Region are subject to all the provisions of this Constitution, The North Pacific Legal Code, or other laws including but not limited to the provisions of Article II; Section 1, Clause 5 of this Constitution. Each Nation entitled to a vote in the manner prescribed under this Constitution or The North Pacific Legal Code, is entitled to the equal treatment of that Nation’s right to vote.
2) The UN Delegate for The North Pacific, the Prime Minister, any Cabinet Minister, any deputy Cabinet minister, and the Attorney General shall act only in the best interests of the Region. Should any registered voter believe that the actions of the Delegate, the Prime Minister, or any other official in the Regional Government are inappropriate, or would serve the Region better if enacted as permanent law, that Nation may draft a petition, describing the action taken, to be signed by at least one other registered voter, and then posted in a appropriate thread in the Regional off-site forum for the Prime Minister's office. The Cabinet shall review all such petitions. After deciding on the proper action to be taken, whether it is to overturn that action or to adopt that action as permanent law, the Cabinet shall put its decision up for a referendum of the registered voters. If a majority vote is cast by the registered voters (with a quorum of voters participating) in favor of ratification of the Cabinet's decision, it shall be carried out immediately.
3) Neither the UN Delegate for The North Pacific, nor The Prime Minister, nor any other authority within the Regional Government created under this Constitution, has the power to suspend or disregard any provision of this Constitution. In the event of an actual emergency, the Regional Government, with the consent of the registered voters of The North Pacific, is authorized to act in any reasonable manner that is consistent with the pertinent provisions of this Constitution.
ARTICLE II – Elections and Elected Offices
Section 1: Election Rules and Regulations
Until and unless the provisions of this Section 1 are modified by laws enacted as part of The North Pacific Legal Code, and subject to any additional procedures added by The North Pacific Legal Code:
1) Any member Nation of the Region that has registered to vote and that is not ineligible to serve by any limitation of service provision in this Constitution, may declare its candidacy for a specific elected office in the Cabinet during a seven day period immediately preceding the designated voting period for elections for the next term of office. Alternatively, any three Nations that are registered voters may nominate a Nation as a candidate for a specific elective office in the Cabinet during the seven day period immediately preceding the designated voting period for elections for the next term of office. The Prime Minister shall verify the eligibility of each Nation that declares or is nominated as a candidate, and shall publish the certified list of candidates for each Cabinet office.
2) Elections shall be held every three calendar months. Voting shall commence at 12:00 am GMT on the first day of the designated month and end at 11:59 pm GMT on the seventh day of the designated month. The election period is intended to coincide with the period for election of the UN Delegate for the Region. The quorum requirement for registered voters in referenda on motions to approve, ratify or confirm actions, nominations or appointments, and on bills to enact laws, do not apply to the elections of Prime Minister and the Cabinet Minister for a full term, or for any necessary runoff elections.
3) Elections and referendums shall take place on The North Pacific Regional off-site forum. The elections for Cabinet offices shall be organized and supervised by the outgoing Prime Minister. In the event the outgoing Prime Minister is a candidate for election, then the Cabinet shall select an outgoing Minister who is not a candidate for election, or a former Minister or former Prime Minister who is not a candidate for election, to organize and supervise the elections.
4) All Nations who have registered to vote under the provisions of Article I, Section 2, of this Constitution and who reside in The North Pacific, or are active members of The North Pacific Army or The North Pacific Intelligence Agency, shall be entitled to submit a single vote for each election regardless of UN status.
5) Only Nations who are registered to vote when the voting period commences shall be entitled to vote at the Regional off-site forum. Nations that register to vote after a voting period commences shall not be able to vote in the election of the Prime Minister, any Cabinet minister, the UN Delegate for the Region, or on referenda as to any other matter subject to a vote of registered voters as provided in this Constitution, or The North Pacific Legal Code, until the next election or referendum that occurs after that Nation’s registration is validated and accepted.
6) When an Office has no candidate obtaining a majority, the two highest-placed candidates shall enter into a runoff. Further, if the second-highest candidate position is tied, the candidates so tied shall enter into a runoff with the highest-placed candidate. If there is a tie for the highest-placed candidate position, only those candidates so tied shall enter into a runoff election. A plurality shall determine the winner of the runoff election. The runoff election shall utilize the same procedures as for the initial round of elections. In the event of a tie in a run-off election for Prime Minister, or for any Cabinet Minister, the newly elected Delegate shall cast a tie-breaking vote to determine the winner.
Section 2: Elected Offices of the Regional Government
The following offices shall comprise the Cabinet of The North Pacific Regional Government. Except for the UN Delegate for the Region, the Prime Minister and each Cabinet minister shall have a vote on any Cabinet action. The UN Delegate for the Region, each Cabinet-level position, and all other positions established in the Regional Government, has the responsibility to uphold and enforce this Constitution, and to implement and comply with the actions taken by the Regional Government pursuant to this Constitution or The North Pacific Legal Code. Each Cabinet-level position shall have the duties and responsibilities as listed in this Section or as provided elsewhere in this Constitution or in The North Pacific Legal Code. Each Cabinet-level position shall have such authority as is necessary and proper to exercise the powers granted to, or to execute the duties imposed upon, that position under this Constitution, or by The North Pacific Legal Code, or by the other laws enacted pursuant to this Constitution, and subject to such limitations on those powers and duties established under this Constitution.
1) UN Delegate for the Region
A - The UN Delegate for The North Pacific shall be elected through the process described in Section 7 of this Article. The Delegate shall be considered as the ceremonial head of state, but not as head of government, for The North Pacific.
B - The UN Delegate for the Region shall maintain the Delegacy in accordance with this Constitution. The UN Delegate for the Region shall securely hand over the Delegacy to the Nation that is duly elected as the successor to the office of UN Delegate in accordance with the provisions of this Constitution. The Delegate's primary role shall be to represent the interests of The North Pacific's UN member Nations through votes on UN resolutions at quorum; it shall be understood that this objective can be best achieved through open and regular communication with member Nations at The North Pacific off-site forum, via private message at that forum, or by telegram through nationstates.net. The Delegate shall have authority to approve proposals submitted by UN member Nations for consideration in the UN at the discretion of the Delegate.
C - The UN Delegate for the Region shall vote on UN resolutions in accordance with the majority of UN member Nations in the Region as determined by a canvass of votes cast concerning each specific UN resolution on the floors of the UN on the Regional off-site forum, or through the other specified means of communication. The Delegate shall be required to post the names of all UN member Nations and their votes the Delegate has received or noted as to each resolution at vote on the floor of the UN. Each such canvass shall be posted on the Regional off-site forum in an appropriate thread, so that the votes of each UN member Nation may be confirmed and verified by the UN member Nations of the Region. The Delegate shall maintain and modify the World Factbook Entry on the Region’s homepage at nationstates.net from time to time in accordance with the wishes of the Regional Government.
D- In certain specified circumstances, the UN Delegate for the Region may vote to break a tie between candidates included in a runoff election for the Office of Prime Minister and for the Offices of the other Ministers of the Cabinet. The Delegate shall have no vote in meetings of the Cabinet, however, the Delegate is authorized to participate in Cabinet discussions and to attend such meetings.
E - The UN Delegate for the Region shall have no authority to act in any other manner with respect to the Regional Government, unless such authority is expressly granted to the Delegate through process of Amendment of this Constitution, and not by implication. The North Pacific Legal Code may not alter the powers or authority of the office of Delegate.
2) Prime Minister
A - The Prime Minister is the head of the Regional Government. The Prime Minister shall preside at all meetings of the Cabinet. The Prime Minister shall have such authority as is necessary and proper to exercise the powers granted to, or to execute the duties imposed upon, the Prime Minister under this Constitution, or by The North Pacific Legal Code, or by the other laws enacted pursuant to this Constitution, and subject to such limitations on those powers and duties established under this Constitution.
B - In the event of a vacancy in the Office of Prime Minister, the Cabinet shall nominate a new Prime Minister, from among any of the Nations that meet the eligibility requirements for election, within seven days. The designation of the Nation nominated by the Cabinet is to be confirmed in a referendum of registered voters, in which a quorum participates, through a motion of confirmation. The nomination and referendum election shall be conducted as expeditiously as practicable. The Nation nominated for Prime Minister shall meet all qualifications for the office, and the nominated Nation is subject to any and all limitations for service provided in this Constitution or The North Pacific Legal Code. During the interim period between the creation of the vacancy in the office of Prime Minister and the confirmation and installation of a successor to the office of Prime Minister, the Cabinet shall collectively have the authority to exercise the duties and responsibilities of the office.
C - There is to be a North Pacific Intelligence Agency whose duties are to collect and analyze confidential intelligence information for the benefit of the Regional Government and the region as a whole. The Prime Minister shall appoint the leadership of the North Pacific Intelligence Agency after consultation with the personnel of that agency. Any matter concerning the Agency’s activities and personnel, except in the case of a criminal prosecution, shall be discussed in confidence without reference in any public record; however, there may be disclosure of confidential information in connection with a criminal or impeachment proceeding. The Prime Minister shall be responsible to the Cabinet and the registered voters for the ongoing oversight of the Agency. [clause added by amendment.]
2) Minister of Immigration and Internal Affairs
A - The Minister shall be responsible for communicating with new member Nations, answering questions and highlighting regional procedures and guidelines.
B - The Minister shall be responsible for compiling domestic intelligence and enforcing Regional guidelines.
C - The Minister shall be responsible for overseeing the voter registration process and procedures in conjunction and with the support of, the Prime Minister, the Regional off-site forum administrators, and other support personnel within the Regional Government, as designated by either the Prime Minister and/or the Cabinet of the North Pacific Regional Government.
3) Minister of External Affairs
A - The Minister shall be responsible for establishing and maintaining relations and alliances between The North Pacific and other regions, in accordance with the wishes of the majority of the registered voters of the Region. Whenever the Minister of External Affairs or the Prime Minister wishes to enter into or retract from an alliance with any other region or organization, a referendum shall be called of the registered voters of the Region. If, after five days, the majority of registered voters that voted, with the participation of a quorum, approve the motion to join or withdraw from any said alliance, action to implement the motion shall be taken by the Prime Minister, the Minister of External Affairs, or the Cabinet of The North Pacific Regional Government, as appropriate in the circumstances.
B - The Minister shall recruit, oversee, and direct The North Pacific Diplomatic Corps, subject to the provisions of this Constitution and The North Pacific Legal Code. [clause amended.]
4) Minister of Defense
A - The Minister shall be responsible for recruiting, organizing and directing the North Pacific Army for the protection of the region and its allies. [clause amended.]
B - The Minister shall work with the Minister of External Affairs to identify threats to the security of the Region, and to advise the Prime Minister and the Cabinet on proposed strategic alliances for regional protection purposes.
5) Minister of Justice
A - The Minister shall be the head of the Judiciary of The North Pacific Regional Government. The Minister is responsible for all judiciary activities in the Region, including hearings on Regional security issues and ejections from the Region.
B - The Minister shall supervise referendum elections on all proposed bills selected for a vote by the registered voters of the Region.
6) Minister of Communications
A - The Minister shall be responsible for initiating, directing and moderating debates on subjects of Regional and national interest, such as legislative and Cabinet issues within the Regional Government, UN proposals and resolutions, and general interest discussions.
B- The Minister, in conjunction with the Prime Minister or the minister with appropriate jurisdiction, shall be responsible for the publication of the actions of the Regional Government, both within and outside of the Region.
C- The Minister, unless required for specified identifiable reasons of regional security to withhold specific material (as determined in each instance by a majority vote of the Cabinet), shall provide the publication if full of the records and minutes of Cabinet proceedings and debates. The vote of the Prime Minister and each Cabinet Minister in a Cabinet meeting shall be a matter of public record.
7) Minister of Arts and Entertainment
A - The Minister shall be responsible for moderating the Out-of-Character, Role-Playing and Games forums at the Regional off-site forums.
B - The Minister shall initiate and oversee activities and topics for the general entertainment of The North Pacific's member Nations.
8) Minister of Culture and Education
A - The Minister shall encourage the Cultural and Educational arts and industries, protect The North Pacific’s heritage, and advance the public information system of the Region in order to maximize their contribution to the region's awareness and social vitality.
Section 3: Term Limitations
1) No person, through one or more Nations, who has acted in any Cabinet-level position as Delegate, as Prime Minister, or as a particular Cabinet Minister, for more than one half of a term to which some other person was originally elected, shall be subsequently elected to that elected office of the Cabinet more than once, pursuant to this section.
2) No person, through one or more Nations, may hold any Cabinet-level position for more than two consecutive terms.
3) No person, through one or more Nations, may hold any Cabinet-level position for more than two terms within a two year period.
4) No person, through one or more Nations, may hold any Cabinet-level position for more than four terms (consecutive or otherwise) over a three year period.
5) For purposes of this section, service by a person, through one or more Nations, in a Cabinet-level position for more than one half of a term to which some other person was originally elected or appointed, shall be treated as a complete term in that office.
6) For purposes of this Constitution, “Cabinet-level position” is construed to refer to the UN Delegate for the Region, the Prime Minister, any Cabinet Minister of the Regional Government, any deputy Cabinet Minister who has acted as a Minister for more than half of an elected term of office, or the Attorney General.
Section 4: Rules and Requirements for the Cabinet of the Regional Government
1) To stand for elected office, a candidate must be a member Nation of The North Pacific (as outlined in Article I, Section 1 of this Constitution ). UN membership is not required, but it is recommended. Nations with UN membership should reside within The North Pacific unless active in the North Pacific Army.
2) The Nation must be a member Nation of the Region, and be an active Regional off-site forum member for a minimum of one month prior to the date of the acceptance of a nomination to, or a declaration of candidacy for, elective office. Should a member Nation be inactive or leave the Regional off-site forum for a period of three weeks or more, they shall be required to become and remain active in the Regional off-site forum for at least one week following their return before that Nation may accept any nomination to, or declare itself as a candidate for, any office.
3) Cabinet members shall not hold more than one Cabinet-level position at the same time.
4) Cabinet members shall not violate the term limitation provisions of Section 3 of this Article of the Constitution.
5) To stand for election as the Minister of Defense, a candidate shall have received the endorsement of a majority of the nations then in active service in the North Pacific Army within seven days prior to nomination or declaration of candidacy. Members of the North Pacific Army may endorse one or more candidates that stand for election as Minister of Defense in the same election. [clause added by amendment.]
Section 5: Deputy Ministers
1) All Ministers are required to appoint a Deputy Minister within seven days of their election, or upon a vacancy in, or a resignation of a Nation from, the office of a Deputy Minister.
2) The Deputy Minister succeeds to the Minister's position on an interim basis until the next election should the elected Minister resign, vacate, or otherwise be unable to hold office.
3) Where a vacancy occurs in any Cabinet Ministry and no Deputy for that Minister is then installed in office, the Prime Minister shall appoint a Deputy Minister who is qualified to serve as a Cabinet Minister, subject to a confirmation referendum of the registered voters of the Region. In that instance, the appointee shall serve as Minister on an acting basis until the referendum election is completed. If confirmed as a result of the referendum, that appointee shall thereupon assume the position of Minister and Cabinet member for the interim until the next election for that office. A vote of the registered voters is required to approve a motion for confirmation of such an appointment by the Prime Minister. If, after seven days, a quorum of the registered voters has participated and at least 50 per cent of those voting, approve of the motion to confirm the appointment, the appointee shall remain in office to serve on an interim basis until the next election. If the motion for confirmation fails to receive such approval, then the appointee is not confirmed to serve as that Cabinet Minister, and the Prime Minister shall promptly propose another nominee for Deputy Minister, who shall act then as minister, subject to approval of a motion for confirmation in a referendum by the registered voters of the Region.
4) Service by a Deputy Minister does not constitute a Cabinet-level position unless serving as a Cabinet Minister on an interim basis until the next election for that office.
5) Designees for Deputy Minister must adhere to the same requirements as for Ministers, as provided in Article II, Section 3, of this Constitution. In addition, Deputy Ministers may not hold another position as either Deputy Minister, Minister, Prime Minister, Attorney General, or as the UN Delegate for the Region.
6) To be appointed as the Deputy Minister of Defense, a candidate shall have received the endorsement of a majority of the nations then in active service in the North Pacific Army within seven days prior to appointment. [clause added by amendment.]
Section 6: Attorney General
1) The Attorney General of The North Pacific shall be the chief prosecuting officer in The Court of The North Pacific, as prescribed in Article IV of this Constitution and as provided in The North Pacific Legal Code.
2) The Attorney General shall be appointed by the Prime Minister for a term of office of three months. The Attorney General is subject to the limitation of service provisions of Article II, Section 3 of the Constitution. The nominee for Attorney General shall meet any other qualifications for the office, and is subject to any limitations for service provided in this Constitution or The North Pacific Legal Code. During the interim period between the creation of a vacancy in the office of Attorney General and the confirmation and installation of a successor to the office of Attorney General, the Prime Minister’s nominee shall serve as acting Attorney General and have the authority to exercise the duties and responsibilities of the office.
3) The Attorney General's appointment must be approved at a referendum of the registered voters of The North Pacific, with the participation of a quorum, by at least a 50 per cent vote in favor of a motion for confirmation within seven days of the appointment. The nomination and referendum election shall be conducted as expeditiously as practicable. If the motion for confirmation fails to receive such approval, then the appointee is not confirmed to serve as Attorney General, and the Prime Minister shall promptly propose another nominee, who shall act as Attorney General, subject to approval of a motion for confirmation in a referendum by the registered voters of the Region.
4) The Attorney General is independent of the Cabinet and does not serve in the line of succession to any Cabinet-level position. A Nation may not hold the Office of Attorney General and serve in any other Cabinet-level position or as a deputy minister.
Section 7. Elections for UN Delegate for the Region
1) Every three months, the Minister of Immigration and Internal Affairs shall supervise elections for the position of UN Delegate for The North Pacific, as provided in this Section, and elsewhere in this Constitution, and as provided in The North Pacific Legal Code. The Nation elected in those proceedings is to be designated as the UN Delegate for the Region by the voluntary endorsement of UN member Nations within the Region for the three month term upon declaration of the election in the canvass of results by the Minister of Immigration and Internal Affairs. The quorum requirement for referenda on motions to approve, ratify or confirm actions, and bills to enact laws, do not apply to the elections of the UN Delegate for the Region for a full term, or for any necessary runoff elections.
2) Any Nation that has resided in The North Pacific for at least three months, that has UN membership, and that has been active on the Regional off-site forum for at least one month at the time of nomination or declaration of candidacy are eligible for election to the office of Delegate. Any Nation that wishes to be a candidate for election to the office shall contact the Minister of Immigration and Internal Affairs and declare their desire to become Delegate. All candidates for Delegate shall be asked to post a campaign topic thread on the Regional offsite forum, as well as campaign notices on the Regional Civil Headquarters Message Board located on the region’s page at Nationstates.net. Candidates shall not post more than one such message per day. Posting more than one such notice within 24 hours will constitute a forfeiture their candidacy for election as UN Delegate for the Region, and may be subject to NationStates Moderator intervention. Candidates may contact UN member Nations within the Region via telegram to advertize their campaign, but no candidate may send more than one telegram to any single Nation during the campaign period.
3) The Minister of Immigration and Internal Affairs shall be required to post a message on the Regional off-site forum formally declaring the start of the campaign period for Delegate. The Minister, or the deputy minister of the Ministry of Immigration and Internal Affairs, shall also post one message per day on the NationStates Regional Civil Headquarters Message Board announcing the campaign period and elections.
4) One week following the official opening of the campaign period, The Minister of Immigration and Internal Affairs shall post a topic on the Regional off-site forum for Delegate elections, listing all candidates and describing the procedure for casting votes. The election period for the Delegate shall coincide with the election period for the Prime Minister and the ministers of the Cabinet. The Delegate election thread shall be accessible only to UN member Nations residing within The North Pacific, and who have registered to vote. No person shall be permitted to cast more than one vote, through one or more Nations. Any person found doing so shall have their votes invalidated, and if done using more than one UN member Nation, shall be reported to the NationStates Moderators on grounds of UN Multiing. The Minister of Immigration and Internal Affairs may request the ability to view IP addresses of Nations during this period to verify votes. Nations may also send a message directly to the Minister of Internal Affairs to cast their vote, and the Minister shall post each such vote received in the official tally of the election returns.
5) One week following the opening of the voting period, the Minister of Immigration and Internal Affairs shall close the voting thread and tally the votes. Once a winner is ascertained, through a majority of votes cast, the Minister of Immigration and Internal Affairs shall declare which candidate has been designated as the Delegate in the election, and the Minister of Immigration and Internal Affairs will have the duty of informing all UN member Nations residing in the Region of the result. UN member Nations shall be requested to unendorse the incumbent Delegate, if necessary, and be requested to endorse the newly elected Delegate. However, no Nation may be compelled to endorse or unendorse any Nation with respect to the Regional Delegacy. The Minister of Immigration and Internal Affairs may request the aid of any Nation he deems necessary to complete this procedure as expeditiously as possible. It is specifically intended that the newly elected Delegate is to be installed in office in accordance with NationStates procedures for the determination of a Delegate of a region within a week of the certification of the election.
6) When no candidate for Delegate obtains a majority of the votes cast, the two highest-placed candidates shall enter into a runoff. Further, if the second-highest candidate position is tied, the candidates so tied shall enter into a runoff with the highest-placed candidate. If there is a tie for the highest-placed candidate position, only those candidates so tied shall enter into a runoff election. A plurality shall determine the winner of the runoff election. The runoff election shall utilize the same procedures as for the initial round of elections. In the event of a tie in a run-off election for Delegate, the newly-elected Cabinet shall vote to determine the winner.
Section 8. Additional Rules and Regulations for Delegate Elections
Until and unless the provisions of this Section 8 are modified by laws enacted as part of The North Pacific Legal Code, and subject to any additional procedures added by The North Pacific Legal Code:
1) Candidates for Delegate are permitted to post their campaign platform to member Nations of the Region in their telegrams, in their daily messages at the nationstates.net Regional Civil Headquarters message board, and in threads maintained for that purpose during the campaign and election period at the Regional off-site forum.
2) Outright endorsement swapping or slander of other candidates for Delegate, including the current Delegate, or of other Nations is prohibited.
3) Candidates must adhere to the provisions on term limitations provided in Article II, Section 3, of this Constitution. In addition, Candidates, once elected, shall be required to forfeit any position they may hold as Prime Minister, a Cabinet minister, a deputy minister, or as Attorney General, they may hold.
4) Violation of the provisions in this Constitution or The North Pacific Legal Code on the part of any candidate for election as Delegate will result in a immediate review by the cabinet to determine if charges should be filed under Article IV of this Constitution, and may include the possibility that a regional ban may be imposed in accordance with the provisions of this Constitution or The North Pacific Legal Code.
ARTICLE III – The North Pacific Legal Code
Section 1: Adoption of Laws
1) Role of the Code - The North Pacific shall be governed by a code of laws that will constitute the rules and regulations of The North Pacific Region, to be known and cited as “The North Pacific Legal Code”. In the event of a conflict, or a perceived conflict, between a provision of The North Pacific Legal Code and this Constitution, the provisions of this Constitution shall prevail.
2) Bill Submission - Any registered voter of The North Pacific may submit a proposed bill to become law. Proposed bill submissions shall be submitted to the Minister of Justice, whom, after consultation with the Prime Minister, shall select bills to be voted on by the registered voters. Bills that are selected for consideration shall not be frivolous. The subject matter of bills selected for consideration shall have as its object the implementation of this Constitution, the adoption, amendment, or repeal of provisions of The North Pacific Legal Code, or involve any other actions that are necessary and proper and that are authorized by this Constitution, The North Pacific Legal Code, or the other laws of The North Pacific. The Minister of Justice and the Prime Minister shall not exercise the authority conferred in this provision in an arbitrary or capricious manner. The Minister of Justice or the Prime Minister may confer with the other Ministers of the Cabinet or the Attorney General for comment on a submitted bill. During the 21 day period following submission, the registered voter who submitted a proposal, may revise or withdraw the proposed bill. Any proposed bill not selected for a referendum vote of the registered voters within 21 days of submission shall be declared a dead bill.
3) Passing a Bill - Bills selected by the Minister of Justice and the Prime Minister will be voted on in a referendum by the member Nations of The North Pacific who are registered to vote in accordance with the provisions established in Article I, Section 2, of this Constitution. A bill is adopted as a law if it garners no less than 60 per cent support of the votes cast with the participation of a quorum of registered voters after one week's voting time. The Minister of Justice and the Prime Minister shall provide a notice of the referendum on the bill which shall include the date on which voting shall commence after a notice and comment period of at least 24 hours, but not to exceed seven days.
4) Quorum Defined – In order for a bill to be passed, it must receive quorum. A quorum for any vote of registered voters on a bill or any other matter consists of a total of 20 legitimate votes cast by registered voters, or a number of legitimate votes cast by registered voters that is equal to six per cent of the total number of registered voters at the time the referendum commences, whichever is greater. Should this quorum not be achieved for any bill at the end of the one week period for the referendum, the bill will be declared dead.
5) Procedure for certain Bills - If a bill receives more than 50 per cent, but less than 60 per cent, support of the vote, with the participation of a quorun, then consideration of the bill will move to a debate thread at the Regional off-site forum where supporters and detractors may debate the bill for one week. At the end of that week, a second referendum vote will then be held and, if the bill receives 60 per cent support of the vote it shall become law. If the bill fails to receive 60 per cent support after the second vote, it will be declared a dead bill.
6) Dead Bills - A dead bill may be revived after one month, unless the Prime Minister and the Cabinet block its revival by majority vote.
7) Roles of Officials - The Minister of Justice, with assistance of the Prime Minister, shall be responsible for supervising referendum voting of any active bill selected for a vote of the registered voters. Once a bill is adopted as law after the referendum, if the bill does not specify which officer is responsible for the enforcement or implementation of such law, then the Prime Minister and the Cabinet shall ascertain which Ministry, or the Attorney General, or other officer, is responsible for the implementation and enforcement of the bill adopted as law.
Section 2: Expulsion
Any Nation may be expelled from The North Pacific if found guilty of the following:
1) Violating any of the NationStates rules as provided on the NationStates.net website or as determined by a NationStates Moderator.
2) Violations of The North Pacific Constitution.
3) Violating the Regional membership regulations as outlined in Article I, Section 1 of the Constitution.
4) Violating The North Pacific Legal Code or other laws of the Region.
5) Violating the Rules and Regulations for Cabinet.
Section 3: Power of Expulsion
1) The Delegate may not expel a Nation without the express consent of the Nations of the Region by either a referendum vote, with the participation of a quorum, or by a trial and judgment that specifically imposes expulsion as a penalty or in the case of an urgent matter of regional security as referenced in Article I, Section 3 of this Constitution.
2) The Judicial Branch or the Prime Minister can call a referendum vote of the registered voters of the Region for the purpose of approving a motion for immediate expulsion by the posting of the case and evidence of needed action in a thread within the Regional off-site Forum and a notification of the motion and referendum on the Regional message board at Nationstates.net at any time.
3) If more than half of the registered voters who cast a vote in that thread, with a quorum participating, vote in favor of an ejection within a 24 hour period, then the Nation will be ejected by the Delegate.
4) In the event of explicit spamming of the Regional offsite forum or the Regional civil headquarters message board at Nationstates.net, a Nation may be ejected by the Delegate without a prior referendum vote if the action is countersigned by the Prime Minister upon the posting of the offense by a registered voter, and a second to the immediate expulsion motion by another registered voter. However, the subject Nation of the expulsion action shall have the right to a post-ejection referendum vote by the registered voters of the Region on a motion to ratify the ejection. The vote shall be to ratify the action to expel, and the expulsion shall be ratified if within seven days, at least 50 per cent of the registered voters with a quorum participating, approve the motion in a referendum.
ARTICLE IV – Trials
Section 1: Trial Rules and Procedures
Until and unless the provisions of this Section 1 are modified by laws enacted as part of The North Pacific Legal Code, and subject to any additional procedures added by The North Pacific Legal Code:
1) Calling a Trial - Any Nation eligible for ejection under the Constitution or The North Pacific Legal Code, but that disputes the charges, may ask the Minister of Justice for a trial. Certain offenses may warrant a mandatory trial.
2) Duties of Attorney General in Trial Proceedings - The Attorney General shall be the Chief Prosecutor in The North Pacific and shall be the default prosecutor for all cases brought to trial in The North Pacific unless:
A - The Attorney General is charged, or causes charges to be brought as the complaining party, or
B - The Prime Minister who appointed the Attorney General is charged.
In the event that A or B applies, the prosecutor shall be selected by the Minister of Justice in a manner that is not arbitrary or capricious. The Attorney General may also choose to delegate the Prosecutor's role, in a case not fitting the situations described in A or B above, to a registered voter who shall not be a member of the current Cabinet.
3) Trial Preparations - Unless extended by a motion of either side showing reasonable grounds granted by the presiding officer for the trial, the defendant, prosecutor and their legally recognized representatives have 24 hours to prepare their cases before a trial begins. If the defendant refuses to participate or requests counsel, a public defender shall be provided. Once a criminal charge is brought forth, neither the accuser, the defendant, or any party legally recognized as representing them, may reveal or discuss any details of the charge except in areas where specifically asked to do so by the presiding officer of the trial or a legal appointee of the Court. If discussion about the charge, or subjects related to the charge, is already ongoing at the time that the charge is made, the accuser, the defendant, and any party legally recognized as representing either of them, are forbidden to continue participating in the discussions. That ban shall continue until the case is resolved and closed by the proper legal official, as mandated by this Constitution, The North Pacific Legal Code, or other laws of the Region.
4) Jury Selection - Five jurors will be randomly selected by the presiding officer from a pool of registered voters. Should the Minister of Justice be either a prosecutor or a defendant, the Prime Minister shall assume this role. Registered voters who have an expressed bias or whom who have served on a jury in the past three months will be automatically excluded. If selected, a juror may decline to serve before the trial begins. Once the trial is started, the juror is required to complete their obligation.
5) Trial Procedure - The Minister of Justice shall list the charges against the defendant and give instructions to the jury regarding deliberations and recommended sentences if the defendant is found guilty. Should the Minister of Justice be either prosecutor or defendant, the Prime Minister shall assume this role. The prosecutor will then present evidence and witnesses relating to the charges. Afterwards, the Nation on trial (or their counsel) will present evidence and witnesses in their defense.
6) Jury Deliberations - After both sides have presented their cases, the jury will deliberate on the verdict and, if the Nation is found guilty, determine the sentence. A majority of the jurors is required to reach a verdict and pass a sentence.
7) Conclusion - Once the jury has reached a verdict, it will be delivered to the Minster of Justice to be announced. Should the Minister of Justice be either prosecutor or defendant, the Prime Minister shall receive and announce this verdict. The trial will be concluded once the Minister of Justice or the Prime Minister confirms and enforces the verdict.
8) Continuity of Trials - In the event an elected term of office for the Minister of Justice, the Prime Minister or the Attorney General expires during trial proceedings, the outgoing incumbents of the designated offices shall complete the trial. In the event of a vacancy in the office during the trial proceedings, the acting or interim successor shall assume the responsibility for the trial without interruption or delay.
Section 2: Impeachment Trials
1) Call for Impeachment – Any registered voter may bring charges against a Cabinet-level position if they believe the officeholder has violated this Constitution or partaken in other gross misconduct. The registered voter must provide enough evidence to a Grand Jury to warrant a trial.
2) Grand Jury A panel of five registered voters who are not holding a Cabinet-level position and who are randomly selected from the jury pool described in Article IV, Section 1 of this Constitution shall be selected by the Minister of Justice to review the evidence given. If the Minister of Justice is being impeached, the Prime Minister will randomly select the Grand Jury. If any jury member expresses a clear bias, they shall be excluded from the Grand Jury and replaced with another juror. The Grand Jury shall have not more than 96 hours to review and weigh the evidence cited in the complaint, and determine whether a trial is warranted, pursuant to Clause 3 of this Section. All proceedings shall be recorded and sealed by Minister of Justice, or his/her designees, where applicable (including the Prime Minister if the Minister of Justice is being impeached), until that officeholder is either exonerated or removed from office. Thereafter, the proceedings shall be published.
3) Trial - If the Grand Jury, by majority vote, decides that the given information provides a reasonable basis to warrant a trial for removal from office, the Minister of Justice (or the Prime Minister, if the Minister of Justice is being impeached) shall call a trial. This trial shall be run in accordance with the provisions set forth in Article IV, Section 1 of this Constitution, except that the Prime Minister shall preside if the Minister of Justice is being impeached, and all remaining Cabinet Ministers shall serve as the Jury. Should the defendant be found guilty, they will be immediately removed from office. After removal, the removed officeholder may be subject to expulsion from the Region following any trial under Article IV, Section 1 of this Constitution.
ARTICLE V – Amendments
Section 1: Amendment Proposals
This Constitution may be amended as necessary. Amendments may be proposed by any registered voter to the Minister of Justice.
Section 2: Amendment Procedures
1) The Constitution shall only be amended if a proposal receives both
A- Approval in the Cabinet by a Majority vote; and
B- A minimum 65 per cent approval of the vote in a special referendum of registered voters, with a quorum participating, in accordance with Article II, Section 1 of the Constitution.
2) There shall be a notice and comment period for the proposed constitutional amendment of no less than seven full days at the Regional off-site forum, and the notice of the proposed constitutional amendment as approved by a majority of the Cabinet shall include the date on which voting shall commence after the seven day notice and comment period. The voting period shall be no less than seven days; the Cabinet may authorize a longer voting period of up to 14 days when circumstances warrant.
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A revision was adopted by referendum on 30 June to 6 July 2005 that replaced this revision.
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THE CONSTITUTION OF THE NORTH PACIFIC
Preamble:
WE, the Nations of The North Pacific (TNP), in order to establish justice, assure and protect the democratic institutions of the region, provide for common regional security, and to protect the rights of member Nations, do hereby ordain and establish this Constitution of The North Pacific.
ARTICLE I – Membership
Section 1: Requirements
In order to remain as legal members of The North Pacific, a Nation is expected to adhere to the following requirements:
1) Each member Nation will abide by the Constitution of The North Pacific and The North Pacific Legal Code enacted pursuant to Article III of this Constitution.
2) Each member Nation shall refrain from the threat or use of force against the territorial integrity or political independence of any other nation or region in a manner inconsistent with the Constitution of The North Pacific.
3) Each member Nation shall refrain from giving assistance to any nation or region against which The North Pacific is taking defensive or enforcement action. Exceptions shall be given to Nations acting with official authorization of the North Pacific Army or the North Pacific Intelligence Agency, and is subject to the consent of the Cabinet minister having appropriate jurisdiction.
Section 2: Registered Voting
In the interest of Regional security, member Nations shall be required to register prior to voting in Regional elections or referenda, as prescribed by the following procedures:
1) The Minister of Immigration and Internal Affairs shall oversee the process of voter registration, aided by the Prime Minister and the Regional off-site forum administrators.
2) Nations that reside in The North Pacific and who agree to abide by the requirements outlined in Article I, Section 1, of this Constitution will request registered voter status at th
e Regional off-site forum by posting a request in a thread for that exclusive purpose, created by the Minister of Immigration and Internal Affairs.
3) In their request, registered voters will be required to post a link to their TNP member Nation at NationStates.net, and in doing so, verify that they have taken the following oath:
4) The Minister of Immigration and Internal Affairs, the Prime Minister, the Regional off-site forum administrators, and any other support personnel of the Regional Government deemed necessary are empowered to conduct investigations and make inquiries deemed necessary for the enforcement of The North Pacific voter registration provisions outlined in this Constitution, The North Pacific Legal Code, or other laws enacted pursuant to this Constitution.
5) The Minister of Immigration and Internal Affairs shall expeditiously process each such voter registration request, and shall place any Nation accepted as a registered voter in a public listing of currently registered voters maintained for that purpose at the Regional off-site forum.
6) At any time, should sufficient evidence be brought to the Minister of Immigration and Internal Affairs that proves that a registered voter fails to meet the requirements for membership due to the deletion of a Nation from NationStates through inactivity or NationStates Moderator intervention, that Nation's name may be purged from the list of registered voters. Should a Nation, whose voter registration has been purged, later be found to have been resurrected in NationStates, or that the Nation become a member of the Region once again, they may re-apply for voting rights according to the procedures in the preceding clauses of this Section. The act of expulsion or banning of a Nation from the Region prior to a trial or a referendum does not affect its status as a registered voter until and unless a final judgment is entered in a judicial proceeding or a final certification is entered in a referendum, whichever is applicable to the given situation. The North Pacific Legal Code may provide authority to the Minister of Immigration and Internal Affairs for the periodic purging of the names of registered voters who are no longer eligible to vote in the Region, upon due notice because they no longer meet the requirements of this Section.
Section 3. Declaration of Rights of The North Pacific
1) All Nations of The North Pacific are sovereign. Each Nation has the right of self-determination in that Nation’s domestic policies, including, but not limited to, issue selection and UN membership.
2) Each Nation’s rights to free speech, free press, and the free expression of religion shall not be infringed, and shall be encouraged, by The North Pacific Regional Government, or by the UN Delegate for The North Pacific. Each Nation shall have the right to assemble, and to petition The North Pacific Regional Government, or the UN Delegate for The North Pacific, for the redress of grievances.
3) Participation in The North Pacific Regional Government, the Regional off-site Forum, The North Pacific Army and The North Pacific Intelligence Service shall be voluntary.
4) No Nation of The North Pacific holding UN member status in NationStates shall be obligated to endorse any Regional Government official of The North Pacific. The right to add an endorsement or withdraw an endorsement is a sovereign right of that Nation as a UN member.
5) All Nations of The North Pacific have the right to be protected against the abuse of powers by any Regional Government official or by the UN Delegate for The North Pacific. Any Nation of The North Pacific shall have the right to request the impeachment of any Regional Government official or the UN Delegate for The North Pacific that is deemed participating in such acts.
6) No Nation shall be held to answer for a crime in a manner not prescribed in this Constitution or in The North Pacific Legal Code enacted pursuant to this Constitution, nor shall any Nation be subject to be twice put in jeopardy for the same offense; nor shall that Nation be compelled in any criminal case to be a witness against itself.
7) When charged with criminal activity, Nations of The North Pacific shall enjoy fair and impartial trials. All Nations shall have the right to a public trial. In any criminal proceeding, a Nation shall be presumed innocent unless guilt is proven to the fact finder by reasonably certain evidence. No Nation shall be ejected from the region, or banned from any forum, except as expressly authorized by this Constitution or The North Pacific Legal Code. Should a Regional Government official declare that the immediate ejection or banning of a Nation is an urgent matter of regional security, the ejected or banned Nation shall have prompt and immediate recourse to judicial review of the matter, or to request a referendum of the registered voters of the Region whether to ratify the declaration of expulsion or banning. The ejected or banned Nation may be represented by any counsel of the Nation’s choosing. The UN Delegate for The North Pacific shall not exercise the power of ejection or banning unless expressly authorized by a specific action of the Regional Government pursuant to this Constitution. No Nation convicted of a crime shall be subject to a punishment disproportionate to their crimes.
8) Each Nation in The North Pacific is guaranteed a Regional Government that is organized and operated under this Constitution on fundamental principles of democracy, accountability, and transparency. No action by the Regional Government of The North Pacific taken under this Constitution shall deny to any Nation of The North Pacific, due process of law, including notice and the opportunity to be heard, nor deny to any Nation of The North Pacific the equal and fair treatment and protection of the provisions of this Constitution or The North Pacific Legal Code.
Section 4. Jurisdiction, Review of Regional Government Action, Limitations Against Arbitrary Action in Emergencies.
1) Nations who register to vote in this Region are subject to all the provisions of this Constitution, The North Pacific Legal Code, or other laws including but not limited to the provisions of Article II; Section 1, Clause 5 of this Constitution. Each Nation entitled to a vote in the manner prescribed under this Constitution or The North Pacific Legal Code, is entitled to the equal treatment of that Nation’s right to vote.
2) The UN Delegate for The North Pacific, the Prime Minister, any Cabinet Minister, any deputy Cabinet minister, and the Attorney General shall act only in the best interests of the Region. Should any registered voter believe that the actions of the Delegate, the Prime Minister, or any other official in the Regional Government are inappropriate, or would serve the Region better if enacted as permanent law, that Nation may draft a petition, describing the action taken, to be signed by at least one other registered voter, and then posted in a appropriate thread in the Regional off-site forum for the Prime Minister's office. The Cabinet shall review all such petitions. After deciding on the proper action to be taken, whether it is to overturn that action or to adopt that action as permanent law, the Cabinet shall put its decision up for a referendum of the registered voters. If a majority vote is cast by the registered voters (with a quorum of voters participating) in favor of ratification of the Cabinet's decision, it shall be carried out immediately.
3) Neither the UN Delegate for The North Pacific, nor The Prime Minister, nor any other authority within the Regional Government created under this Constitution, has the power to suspend or disregard any provision of this Constitution. In the event of an actual emergency, the Regional Government, with the consent of the registered voters of The North Pacific, is authorized to act in any reasonable manner that is consistent with the pertinent provisions of this Constitution.
ARTICLE II – Elections and Elected Offices
Section 1: Election Rules and Regulations
Until and unless the provisions of this Section 1 are modified by laws enacted as part of The North Pacific Legal Code, and subject to any additional procedures added by The North Pacific Legal Code:
1) Any member Nation of the Region that has registered to vote and that is not ineligible to serve by any limitation of service provision in this Constitution, may declare its candidacy for a specific elected office in the Cabinet during a seven day period immediately preceding the designated voting period for elections for the next term of office. Alternatively, any three Nations that are registered voters may nominate a Nation as a candidate for a specific elective office in the Cabinet during the seven day period immediately preceding the designated voting period for elections for the next term of office. The Prime Minister shall verify the eligibility of each Nation that declares or is nominated as a candidate, and shall publish the certified list of candidates for each Cabinet office.
2) Elections shall be held every three calendar months. Voting shall commence at 12:00 am GMT on the first day of the designated month and end at 11:59 pm GMT on the seventh day of the designated month. The election period is intended to coincide with the period for election of the UN Delegate for the Region. The quorum requirement for registered voters in referenda on motions to approve, ratify or confirm actions, nominations or appointments, and on bills to enact laws, do not apply to the elections of Prime Minister and the Cabinet Minister for a full term, or for any necessary runoff elections.
3) Elections and referendums shall take place on The North Pacific Regional off-site forum. The elections for Cabinet offices shall be organized and supervised by the outgoing Prime Minister. In the event the outgoing Prime Minister is a candidate for election, then the Cabinet shall select an outgoing Minister who is not a candidate for election, or a former Minister or former Prime Minister who is not a candidate for election, to organize and supervise the elections.
4) All Nations who have registered to vote under the provisions of Article I, Section 2, of this Constitution and who reside in The North Pacific, or are active members of The North Pacific Army or The North Pacific Intelligence Agency, shall be entitled to submit a single vote for each election regardless of UN status.
5) Only Nations who are registered to vote when the voting period commences shall be entitled to vote at the Regional off-site forum. Nations that register to vote after a voting period commences shall not be able to vote in the election of the Prime Minister, any Cabinet minister, the UN Delegate for the Region, or on referenda as to any other matter subject to a vote of registered voters as provided in this Constitution, or The North Pacific Legal Code, until the next election or referendum that occurs after that Nation’s registration is validated and accepted.
6) When an Office has no candidate obtaining a majority, the two highest-placed candidates shall enter into a runoff. Further, if the second-highest candidate position is tied, the candidates so tied shall enter into a runoff with the highest-placed candidate. If there is a tie for the highest-placed candidate position, only those candidates so tied shall enter into a runoff election. A plurality shall determine the winner of the runoff election. The runoff election shall utilize the same procedures as for the initial round of elections. In the event of a tie in a run-off election for Prime Minister, or for any Cabinet Minister, the newly elected Delegate shall cast a tie-breaking vote to determine the winner.
Section 2: Elected Offices of the Regional Government
The following offices shall comprise the Cabinet of The North Pacific Regional Government. Except for the UN Delegate for the Region, the Prime Minister and each Cabinet minister shall have a vote on any Cabinet action. The UN Delegate for the Region, each Cabinet-level position, and all other positions established in the Regional Government, has the responsibility to uphold and enforce this Constitution, and to implement and comply with the actions taken by the Regional Government pursuant to this Constitution or The North Pacific Legal Code. Each Cabinet-level position shall have the duties and responsibilities as listed in this Section or as provided elsewhere in this Constitution or in The North Pacific Legal Code. Each Cabinet-level position shall have such authority as is necessary and proper to exercise the powers granted to, or to execute the duties imposed upon, that position under this Constitution, or by The North Pacific Legal Code, or by the other laws enacted pursuant to this Constitution, and subject to such limitations on those powers and duties established under this Constitution.
1) UN Delegate for the Region
A - The UN Delegate for The North Pacific shall be elected through the process described in Section 7 of this Article. The Delegate shall be considered as the ceremonial head of state, but not as head of government, for The North Pacific.
B - The UN Delegate for the Region shall maintain the Delegacy in accordance with this Constitution. The UN Delegate for the Region shall securely hand over the Delegacy to the Nation that is duly elected as the successor to the office of UN Delegate in accordance with the provisions of this Constitution. The Delegate's primary role shall be to represent the interests of The North Pacific's UN member Nations through votes on UN resolutions at quorum; it shall be understood that this objective can be best achieved through open and regular communication with member Nations at The North Pacific off-site forum, via private message at that forum, or by telegram through nationstates.net. The Delegate shall have authority to approve proposals submitted by UN member Nations for consideration in the UN at the discretion of the Delegate.
C - The UN Delegate for the Region shall vote on UN resolutions in accordance with the majority of UN member Nations in the Region as determined by a canvass of votes cast concerning each specific UN resolution on the floors of the UN on the Regional off-site forum, or through the other specified means of communication. The Delegate shall be required to post the names of all UN member Nations and their votes the Delegate has received or noted as to each resolution at vote on the floor of the UN. Each such canvass shall be posted on the Regional off-site forum in an appropriate thread, so that the votes of each UN member Nation may be confirmed and verified by the UN member Nations of the Region. The Delegate shall maintain and modify the World Factbook Entry on the Region’s homepage at nationstates.net from time to time in accordance with the wishes of the Regional Government.
D- In certain specified circumstances, the UN Delegate for the Region may vote to break a tie between candidates included in a runoff election for the Office of Prime Minister and for the Offices of the other Ministers of the Cabinet. The Delegate shall have no vote in meetings of the Cabinet, however, the Delegate is authorized to participate in Cabinet discussions and to attend such meetings.
E - The UN Delegate for the Region shall have no authority to act in any other manner with respect to the Regional Government, unless such authority is expressly granted to the Delegate through process of Amendment of this Constitution, and not by implication. The North Pacific Legal Code may not alter the powers or authority of the office of Delegate.
2) Prime Minister
A - The Prime Minister is the head of the Regional Government. The Prime Minister shall preside at all meetings of the Cabinet. The Prime Minister shall have such authority as is necessary and proper to exercise the powers granted to, or to execute the duties imposed upon, the Prime Minister under this Constitution, or by The North Pacific Legal Code, or by the other laws enacted pursuant to this Constitution, and subject to such limitations on those powers and duties established under this Constitution.
B - In the event of a vacancy in the Office of Prime Minister, the Cabinet shall nominate a new Prime Minister, from among any of the Nations that meet the eligibility requirements for election, within seven days. The designation of the Nation nominated by the Cabinet is to be confirmed in a referendum of registered voters, in which a quorum participates, through a motion of confirmation. The nomination and referendum election shall be conducted as expeditiously as practicable. The Nation nominated for Prime Minister shall meet all qualifications for the office, and the nominated Nation is subject to any and all limitations for service provided in this Constitution or The North Pacific Legal Code. During the interim period between the creation of the vacancy in the office of Prime Minister and the confirmation and installation of a successor to the office of Prime Minister, the Cabinet shall collectively have the authority to exercise the duties and responsibilities of the office.
C - There is to be a North Pacific Intelligence Agency whose duties are to collect and analyze confidential intelligence information for the benefit of the Regional Government and the region as a whole. The Prime Minister shall appoint the leadership of the North Pacific Intelligence Agency after consultation with the personnel of that agency. Any matter concerning the Agency’s activities and personnel, except in the case of a criminal prosecution, shall be discussed in confidence without reference in any public record; however, there may be disclosure of confidential information in connection with a criminal or impeachment proceeding. The Prime Minister shall be responsible to the Cabinet and the registered voters for the ongoing oversight of the Agency. [clause added by amendment.]
2) Minister of Immigration and Internal Affairs
A - The Minister shall be responsible for communicating with new member Nations, answering questions and highlighting regional procedures and guidelines.
B - The Minister shall be responsible for compiling domestic intelligence and enforcing Regional guidelines.
C - The Minister shall be responsible for overseeing the voter registration process and procedures in conjunction and with the support of, the Prime Minister, the Regional off-site forum administrators, and other support personnel within the Regional Government, as designated by either the Prime Minister and/or the Cabinet of the North Pacific Regional Government.
3) Minister of External Affairs
A - The Minister shall be responsible for establishing and maintaining relations and alliances between The North Pacific and other regions, in accordance with the wishes of the majority of the registered voters of the Region. Whenever the Minister of External Affairs or the Prime Minister wishes to enter into or retract from an alliance with any other region or organization, a referendum shall be called of the registered voters of the Region. If, after five days, the majority of registered voters that voted, with the participation of a quorum, approve the motion to join or withdraw from any said alliance, action to implement the motion shall be taken by the Prime Minister, the Minister of External Affairs, or the Cabinet of The North Pacific Regional Government, as appropriate in the circumstances.
B - The Minister shall recruit, oversee, and direct The North Pacific Diplomatic Corps, subject to the provisions of this Constitution and The North Pacific Legal Code. [clause amended.]
4) Minister of Defense
A - The Minister shall be responsible for recruiting, organizing and directing the North Pacific Army for the protection of the region and its allies. [clause amended.]
B - The Minister shall work with the Minister of External Affairs to identify threats to the security of the Region, and to advise the Prime Minister and the Cabinet on proposed strategic alliances for regional protection purposes.
5) Minister of Justice
A - The Minister shall be the head of the Judiciary of The North Pacific Regional Government. The Minister is responsible for all judiciary activities in the Region, including hearings on Regional security issues and ejections from the Region.
B - The Minister shall supervise referendum elections on all proposed bills selected for a vote by the registered voters of the Region.
6) Minister of Communications
A - The Minister shall be responsible for initiating, directing and moderating debates on subjects of Regional and national interest, such as legislative and Cabinet issues within the Regional Government, UN proposals and resolutions, and general interest discussions.
B- The Minister, in conjunction with the Prime Minister or the minister with appropriate jurisdiction, shall be responsible for the publication of the actions of the Regional Government, both within and outside of the Region.
C- The Minister, unless required for specified identifiable reasons of regional security to withhold specific material (as determined in each instance by a majority vote of the Cabinet), shall provide the publication if full of the records and minutes of Cabinet proceedings and debates. The vote of the Prime Minister and each Cabinet Minister in a Cabinet meeting shall be a matter of public record.
7) Minister of Arts and Entertainment
A - The Minister shall be responsible for moderating the Out-of-Character, Role-Playing and Games forums at the Regional off-site forums.
B - The Minister shall initiate and oversee activities and topics for the general entertainment of The North Pacific's member Nations.
8) Minister of Culture and Education
A - The Minister shall encourage the Cultural and Educational arts and industries, protect The North Pacific’s heritage, and advance the public information system of the Region in order to maximize their contribution to the region's awareness and social vitality.
Section 3: Term Limitations
1) No person, through one or more Nations, who has acted in any Cabinet-level position as Delegate, as Prime Minister, or as a particular Cabinet Minister, for more than one half of a term to which some other person was originally elected, shall be subsequently elected to that elected office of the Cabinet more than once, pursuant to this section.
2) No person, through one or more Nations, may hold any Cabinet-level position for more than two consecutive terms.
3) No person, through one or more Nations, may hold any Cabinet-level position for more than two terms within a two year period.
4) No person, through one or more Nations, may hold any Cabinet-level position for more than four terms (consecutive or otherwise) over a three year period.
5) For purposes of this section, service by a person, through one or more Nations, in a Cabinet-level position for more than one half of a term to which some other person was originally elected or appointed, shall be treated as a complete term in that office.
6) For purposes of this Constitution, “Cabinet-level position” is construed to refer to the UN Delegate for the Region, the Prime Minister, any Cabinet Minister of the Regional Government, any deputy Cabinet Minister who has acted as a Minister for more than half of an elected term of office, or the Attorney General.
Section 4: Rules and Requirements for the Cabinet of the Regional Government
1) To stand for elected office, a candidate must be a member Nation of The North Pacific (as outlined in Article I, Section 1 of this Constitution ). UN membership is not required, but it is recommended. Nations with UN membership should reside within The North Pacific unless active in the North Pacific Army.
2) The Nation must be a member Nation of the Region, and be an active Regional off-site forum member for a minimum of one month prior to the date of the acceptance of a nomination to, or a declaration of candidacy for, elective office. Should a member Nation be inactive or leave the Regional off-site forum for a period of three weeks or more, they shall be required to become and remain active in the Regional off-site forum for at least one week following their return before that Nation may accept any nomination to, or declare itself as a candidate for, any office.
3) Cabinet members shall not hold more than one Cabinet-level position at the same time.
4) Cabinet members shall not violate the term limitation provisions of Section 3 of this Article of the Constitution.
5) To stand for election as the Minister of Defense, a candidate shall have received the endorsement of a majority of the nations then in active service in the North Pacific Army within seven days prior to nomination or declaration of candidacy. Members of the North Pacific Army may endorse one or more candidates that stand for election as Minister of Defense in the same election. [clause added by amendment.]
Section 5: Deputy Ministers
1) All Ministers are required to appoint a Deputy Minister within seven days of their election, or upon a vacancy in, or a resignation of a Nation from, the office of a Deputy Minister.
2) The Deputy Minister succeeds to the Minister's position on an interim basis until the next election should the elected Minister resign, vacate, or otherwise be unable to hold office.
3) Where a vacancy occurs in any Cabinet Ministry and no Deputy for that Minister is then installed in office, the Prime Minister shall appoint a Deputy Minister who is qualified to serve as a Cabinet Minister, subject to a confirmation referendum of the registered voters of the Region. In that instance, the appointee shall serve as Minister on an acting basis until the referendum election is completed. If confirmed as a result of the referendum, that appointee shall thereupon assume the position of Minister and Cabinet member for the interim until the next election for that office. A vote of the registered voters is required to approve a motion for confirmation of such an appointment by the Prime Minister. If, after seven days, a quorum of the registered voters has participated and at least 50 per cent of those voting, approve of the motion to confirm the appointment, the appointee shall remain in office to serve on an interim basis until the next election. If the motion for confirmation fails to receive such approval, then the appointee is not confirmed to serve as that Cabinet Minister, and the Prime Minister shall promptly propose another nominee for Deputy Minister, who shall act then as minister, subject to approval of a motion for confirmation in a referendum by the registered voters of the Region.
4) Service by a Deputy Minister does not constitute a Cabinet-level position unless serving as a Cabinet Minister on an interim basis until the next election for that office.
5) Designees for Deputy Minister must adhere to the same requirements as for Ministers, as provided in Article II, Section 3, of this Constitution. In addition, Deputy Ministers may not hold another position as either Deputy Minister, Minister, Prime Minister, Attorney General, or as the UN Delegate for the Region.
6) To be appointed as the Deputy Minister of Defense, a candidate shall have received the endorsement of a majority of the nations then in active service in the North Pacific Army within seven days prior to appointment. [clause added by amendment.]
Section 6: Attorney General
1) The Attorney General of The North Pacific shall be the chief prosecuting officer in The Court of The North Pacific, as prescribed in Article IV of this Constitution and as provided in The North Pacific Legal Code.
2) The Attorney General shall be appointed by the Prime Minister for a term of office of three months. The Attorney General is subject to the limitation of service provisions of Article II, Section 3 of the Constitution. The nominee for Attorney General shall meet any other qualifications for the office, and is subject to any limitations for service provided in this Constitution or The North Pacific Legal Code. During the interim period between the creation of a vacancy in the office of Attorney General and the confirmation and installation of a successor to the office of Attorney General, the Prime Minister’s nominee shall serve as acting Attorney General and have the authority to exercise the duties and responsibilities of the office.
3) The Attorney General's appointment must be approved at a referendum of the registered voters of The North Pacific, with the participation of a quorum, by at least a 50 per cent vote in favor of a motion for confirmation within seven days of the appointment. The nomination and referendum election shall be conducted as expeditiously as practicable. If the motion for confirmation fails to receive such approval, then the appointee is not confirmed to serve as Attorney General, and the Prime Minister shall promptly propose another nominee, who shall act as Attorney General, subject to approval of a motion for confirmation in a referendum by the registered voters of the Region.
4) The Attorney General is independent of the Cabinet and does not serve in the line of succession to any Cabinet-level position. A Nation may not hold the Office of Attorney General and serve in any other Cabinet-level position or as a deputy minister.
Section 7. Elections for UN Delegate for the Region
1) Every three months, the Minister of Immigration and Internal Affairs shall supervise elections for the position of UN Delegate for The North Pacific, as provided in this Section, and elsewhere in this Constitution, and as provided in The North Pacific Legal Code. The Nation elected in those proceedings is to be designated as the UN Delegate for the Region by the voluntary endorsement of UN member Nations within the Region for the three month term upon declaration of the election in the canvass of results by the Minister of Immigration and Internal Affairs. The quorum requirement for referenda on motions to approve, ratify or confirm actions, and bills to enact laws, do not apply to the elections of the UN Delegate for the Region for a full term, or for any necessary runoff elections.
2) Any Nation that has resided in The North Pacific for at least three months, that has UN membership, and that has been active on the Regional off-site forum for at least one month at the time of nomination or declaration of candidacy are eligible for election to the office of Delegate. Any Nation that wishes to be a candidate for election to the office shall contact the Minister of Immigration and Internal Affairs and declare their desire to become Delegate. All candidates for Delegate shall be asked to post a campaign topic thread on the Regional offsite forum, as well as campaign notices on the Regional Civil Headquarters Message Board located on the region’s page at Nationstates.net. Candidates shall not post more than one such message per day. Posting more than one such notice within 24 hours will constitute a forfeiture their candidacy for election as UN Delegate for the Region, and may be subject to NationStates Moderator intervention. Candidates may contact UN member Nations within the Region via telegram to advertize their campaign, but no candidate may send more than one telegram to any single Nation during the campaign period.
3) The Minister of Immigration and Internal Affairs shall be required to post a message on the Regional off-site forum formally declaring the start of the campaign period for Delegate. The Minister, or the deputy minister of the Ministry of Immigration and Internal Affairs, shall also post one message per day on the NationStates Regional Civil Headquarters Message Board announcing the campaign period and elections.
4) One week following the official opening of the campaign period, The Minister of Immigration and Internal Affairs shall post a topic on the Regional off-site forum for Delegate elections, listing all candidates and describing the procedure for casting votes. The election period for the Delegate shall coincide with the election period for the Prime Minister and the ministers of the Cabinet. The Delegate election thread shall be accessible only to UN member Nations residing within The North Pacific, and who have registered to vote. No person shall be permitted to cast more than one vote, through one or more Nations. Any person found doing so shall have their votes invalidated, and if done using more than one UN member Nation, shall be reported to the NationStates Moderators on grounds of UN Multiing. The Minister of Immigration and Internal Affairs may request the ability to view IP addresses of Nations during this period to verify votes. Nations may also send a message directly to the Minister of Internal Affairs to cast their vote, and the Minister shall post each such vote received in the official tally of the election returns.
5) One week following the opening of the voting period, the Minister of Immigration and Internal Affairs shall close the voting thread and tally the votes. Once a winner is ascertained, through a majority of votes cast, the Minister of Immigration and Internal Affairs shall declare which candidate has been designated as the Delegate in the election, and the Minister of Immigration and Internal Affairs will have the duty of informing all UN member Nations residing in the Region of the result. UN member Nations shall be requested to unendorse the incumbent Delegate, if necessary, and be requested to endorse the newly elected Delegate. However, no Nation may be compelled to endorse or unendorse any Nation with respect to the Regional Delegacy. The Minister of Immigration and Internal Affairs may request the aid of any Nation he deems necessary to complete this procedure as expeditiously as possible. It is specifically intended that the newly elected Delegate is to be installed in office in accordance with NationStates procedures for the determination of a Delegate of a region within a week of the certification of the election.
6) When no candidate for Delegate obtains a majority of the votes cast, the two highest-placed candidates shall enter into a runoff. Further, if the second-highest candidate position is tied, the candidates so tied shall enter into a runoff with the highest-placed candidate. If there is a tie for the highest-placed candidate position, only those candidates so tied shall enter into a runoff election. A plurality shall determine the winner of the runoff election. The runoff election shall utilize the same procedures as for the initial round of elections. In the event of a tie in a run-off election for Delegate, the newly-elected Cabinet shall vote to determine the winner.
Section 8. Additional Rules and Regulations for Delegate Elections
Until and unless the provisions of this Section 8 are modified by laws enacted as part of The North Pacific Legal Code, and subject to any additional procedures added by The North Pacific Legal Code:
1) Candidates for Delegate are permitted to post their campaign platform to member Nations of the Region in their telegrams, in their daily messages at the nationstates.net Regional Civil Headquarters message board, and in threads maintained for that purpose during the campaign and election period at the Regional off-site forum.
2) Outright endorsement swapping or slander of other candidates for Delegate, including the current Delegate, or of other Nations is prohibited.
3) Candidates must adhere to the provisions on term limitations provided in Article II, Section 3, of this Constitution. In addition, Candidates, once elected, shall be required to forfeit any position they may hold as Prime Minister, a Cabinet minister, a deputy minister, or as Attorney General, they may hold.
4) Violation of the provisions in this Constitution or The North Pacific Legal Code on the part of any candidate for election as Delegate will result in a immediate review by the cabinet to determine if charges should be filed under Article IV of this Constitution, and may include the possibility that a regional ban may be imposed in accordance with the provisions of this Constitution or The North Pacific Legal Code.
ARTICLE III – The North Pacific Legal Code
Section 1: Adoption of Laws
1) Role of the Code - The North Pacific shall be governed by a code of laws that will constitute the rules and regulations of The North Pacific Region, to be known and cited as “The North Pacific Legal Code”. In the event of a conflict, or a perceived conflict, between a provision of The North Pacific Legal Code and this Constitution, the provisions of this Constitution shall prevail.
2) Bill Submission - Any registered voter of The North Pacific may submit a proposed bill to become law. Proposed bill submissions shall be submitted to the Minister of Justice, whom, after consultation with the Prime Minister, shall select bills to be voted on by the registered voters. Bills that are selected for consideration shall not be frivolous. The subject matter of bills selected for consideration shall have as its object the implementation of this Constitution, the adoption, amendment, or repeal of provisions of The North Pacific Legal Code, or involve any other actions that are necessary and proper and that are authorized by this Constitution, The North Pacific Legal Code, or the other laws of The North Pacific. The Minister of Justice and the Prime Minister shall not exercise the authority conferred in this provision in an arbitrary or capricious manner. The Minister of Justice or the Prime Minister may confer with the other Ministers of the Cabinet or the Attorney General for comment on a submitted bill. During the 21 day period following submission, the registered voter who submitted a proposal, may revise or withdraw the proposed bill. Any proposed bill not selected for a referendum vote of the registered voters within 21 days of submission shall be declared a dead bill.
3) Passing a Bill - Bills selected by the Minister of Justice and the Prime Minister will be voted on in a referendum by the member Nations of The North Pacific who are registered to vote in accordance with the provisions established in Article I, Section 2, of this Constitution. A bill is adopted as a law if it garners no less than 60 per cent support of the votes cast with the participation of a quorum of registered voters after one week's voting time. The Minister of Justice and the Prime Minister shall provide a notice of the referendum on the bill which shall include the date on which voting shall commence after a notice and comment period of at least 24 hours, but not to exceed seven days.
4) Quorum Defined – In order for a bill to be passed, it must receive quorum. A quorum for any vote of registered voters on a bill or any other matter consists of a total of 20 legitimate votes cast by registered voters, or a number of legitimate votes cast by registered voters that is equal to six per cent of the total number of registered voters at the time the referendum commences, whichever is greater. Should this quorum not be achieved for any bill at the end of the one week period for the referendum, the bill will be declared dead.
5) Procedure for certain Bills - If a bill receives more than 50 per cent, but less than 60 per cent, support of the vote, with the participation of a quorun, then consideration of the bill will move to a debate thread at the Regional off-site forum where supporters and detractors may debate the bill for one week. At the end of that week, a second referendum vote will then be held and, if the bill receives 60 per cent support of the vote it shall become law. If the bill fails to receive 60 per cent support after the second vote, it will be declared a dead bill.
6) Dead Bills - A dead bill may be revived after one month, unless the Prime Minister and the Cabinet block its revival by majority vote.
7) Roles of Officials - The Minister of Justice, with assistance of the Prime Minister, shall be responsible for supervising referendum voting of any active bill selected for a vote of the registered voters. Once a bill is adopted as law after the referendum, if the bill does not specify which officer is responsible for the enforcement or implementation of such law, then the Prime Minister and the Cabinet shall ascertain which Ministry, or the Attorney General, or other officer, is responsible for the implementation and enforcement of the bill adopted as law.
Section 2: Expulsion
Any Nation may be expelled from The North Pacific if found guilty of the following:
1) Violating any of the NationStates rules as provided on the NationStates.net website or as determined by a NationStates Moderator.
2) Violations of The North Pacific Constitution.
3) Violating the Regional membership regulations as outlined in Article I, Section 1 of the Constitution.
4) Violating The North Pacific Legal Code or other laws of the Region.
5) Violating the Rules and Regulations for Cabinet.
Section 3: Power of Expulsion
1) The Delegate may not expel a Nation without the express consent of the Nations of the Region by either a referendum vote, with the participation of a quorum, or by a trial and judgment that specifically imposes expulsion as a penalty or in the case of an urgent matter of regional security as referenced in Article I, Section 3 of this Constitution.
2) The Judicial Branch or the Prime Minister can call a referendum vote of the registered voters of the Region for the purpose of approving a motion for immediate expulsion by the posting of the case and evidence of needed action in a thread within the Regional off-site Forum and a notification of the motion and referendum on the Regional message board at Nationstates.net at any time.
3) If more than half of the registered voters who cast a vote in that thread, with a quorum participating, vote in favor of an ejection within a 24 hour period, then the Nation will be ejected by the Delegate.
4) In the event of explicit spamming of the Regional offsite forum or the Regional civil headquarters message board at Nationstates.net, a Nation may be ejected by the Delegate without a prior referendum vote if the action is countersigned by the Prime Minister upon the posting of the offense by a registered voter, and a second to the immediate expulsion motion by another registered voter. However, the subject Nation of the expulsion action shall have the right to a post-ejection referendum vote by the registered voters of the Region on a motion to ratify the ejection. The vote shall be to ratify the action to expel, and the expulsion shall be ratified if within seven days, at least 50 per cent of the registered voters with a quorum participating, approve the motion in a referendum.
ARTICLE IV – Trials
Section 1: Trial Rules and Procedures
Until and unless the provisions of this Section 1 are modified by laws enacted as part of The North Pacific Legal Code, and subject to any additional procedures added by The North Pacific Legal Code:
1) Calling a Trial - Any Nation eligible for ejection under the Constitution or The North Pacific Legal Code, but that disputes the charges, may ask the Minister of Justice for a trial. Certain offenses may warrant a mandatory trial.
2) Duties of Attorney General in Trial Proceedings - The Attorney General shall be the Chief Prosecutor in The North Pacific and shall be the default prosecutor for all cases brought to trial in The North Pacific unless:
A - The Attorney General is charged, or causes charges to be brought as the complaining party, or
B - The Prime Minister who appointed the Attorney General is charged.
In the event that A or B applies, the prosecutor shall be selected by the Minister of Justice in a manner that is not arbitrary or capricious. The Attorney General may also choose to delegate the Prosecutor's role, in a case not fitting the situations described in A or B above, to a registered voter who shall not be a member of the current Cabinet.
3) Trial Preparations - Unless extended by a motion of either side showing reasonable grounds granted by the presiding officer for the trial, the defendant, prosecutor and their legally recognized representatives have 24 hours to prepare their cases before a trial begins. If the defendant refuses to participate or requests counsel, a public defender shall be provided. Once a criminal charge is brought forth, neither the accuser, the defendant, or any party legally recognized as representing them, may reveal or discuss any details of the charge except in areas where specifically asked to do so by the presiding officer of the trial or a legal appointee of the Court. If discussion about the charge, or subjects related to the charge, is already ongoing at the time that the charge is made, the accuser, the defendant, and any party legally recognized as representing either of them, are forbidden to continue participating in the discussions. That ban shall continue until the case is resolved and closed by the proper legal official, as mandated by this Constitution, The North Pacific Legal Code, or other laws of the Region.
4) Jury Selection - Five jurors will be randomly selected by the presiding officer from a pool of registered voters. Should the Minister of Justice be either a prosecutor or a defendant, the Prime Minister shall assume this role. Registered voters who have an expressed bias or whom who have served on a jury in the past three months will be automatically excluded. If selected, a juror may decline to serve before the trial begins. Once the trial is started, the juror is required to complete their obligation.
5) Trial Procedure - The Minister of Justice shall list the charges against the defendant and give instructions to the jury regarding deliberations and recommended sentences if the defendant is found guilty. Should the Minister of Justice be either prosecutor or defendant, the Prime Minister shall assume this role. The prosecutor will then present evidence and witnesses relating to the charges. Afterwards, the Nation on trial (or their counsel) will present evidence and witnesses in their defense.
6) Jury Deliberations - After both sides have presented their cases, the jury will deliberate on the verdict and, if the Nation is found guilty, determine the sentence. A majority of the jurors is required to reach a verdict and pass a sentence.
7) Conclusion - Once the jury has reached a verdict, it will be delivered to the Minster of Justice to be announced. Should the Minister of Justice be either prosecutor or defendant, the Prime Minister shall receive and announce this verdict. The trial will be concluded once the Minister of Justice or the Prime Minister confirms and enforces the verdict.
8) Continuity of Trials - In the event an elected term of office for the Minister of Justice, the Prime Minister or the Attorney General expires during trial proceedings, the outgoing incumbents of the designated offices shall complete the trial. In the event of a vacancy in the office during the trial proceedings, the acting or interim successor shall assume the responsibility for the trial without interruption or delay.
Section 2: Impeachment Trials
1) Call for Impeachment – Any registered voter may bring charges against a Cabinet-level position if they believe the officeholder has violated this Constitution or partaken in other gross misconduct. The registered voter must provide enough evidence to a Grand Jury to warrant a trial.
2) Grand Jury A panel of five registered voters who are not holding a Cabinet-level position and who are randomly selected from the jury pool described in Article IV, Section 1 of this Constitution shall be selected by the Minister of Justice to review the evidence given. If the Minister of Justice is being impeached, the Prime Minister will randomly select the Grand Jury. If any jury member expresses a clear bias, they shall be excluded from the Grand Jury and replaced with another juror. The Grand Jury shall have not more than 96 hours to review and weigh the evidence cited in the complaint, and determine whether a trial is warranted, pursuant to Clause 3 of this Section. All proceedings shall be recorded and sealed by Minister of Justice, or his/her designees, where applicable (including the Prime Minister if the Minister of Justice is being impeached), until that officeholder is either exonerated or removed from office. Thereafter, the proceedings shall be published.
3) Trial - If the Grand Jury, by majority vote, decides that the given information provides a reasonable basis to warrant a trial for removal from office, the Minister of Justice (or the Prime Minister, if the Minister of Justice is being impeached) shall call a trial. This trial shall be run in accordance with the provisions set forth in Article IV, Section 1 of this Constitution, except that the Prime Minister shall preside if the Minister of Justice is being impeached, and all remaining Cabinet Ministers shall serve as the Jury. Should the defendant be found guilty, they will be immediately removed from office. After removal, the removed officeholder may be subject to expulsion from the Region following any trial under Article IV, Section 1 of this Constitution.
ARTICLE V – Amendments
Section 1: Amendment Proposals
This Constitution may be amended as necessary. Amendments may be proposed by any registered voter to the Minister of Justice.
Section 2: Amendment Procedures
1) The Constitution shall only be amended if a proposal receives both
A- Approval in the Cabinet by a Majority vote; and
B- A minimum 65 per cent approval of the vote in a special referendum of registered voters, with a quorum participating, in accordance with Article II, Section 1 of the Constitution.
2) There shall be a notice and comment period for the proposed constitutional amendment of no less than seven full days at the Regional off-site forum, and the notice of the proposed constitutional amendment as approved by a majority of the Cabinet shall include the date on which voting shall commence after the seven day notice and comment period. The voting period shall be no less than seven days; the Cabinet may authorize a longer voting period of up to 14 days when circumstances warrant.
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