The Constitution of The North Pacific

Discussion in 'Legal Documents' started by Grosseschnauzer, Nov 28, 2005.

  1. Grosseschnauzer

    Grosseschnauzer TNPer

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    Constitution of The North Pacific

    Preamble
    We the nations of The North Pacific, in order to establish justice, provide for common regional security and to protect the rights of Member Nations, ordain and establish this Constitution of The North Pacific.

    Article I - Membership

    Section 1: Requirements
    All members of The North Pacific are required to accept the following regulations:
    1) All nations shall abide by The North Pacific Legal Code as discussed in Article III.
    2) All members shall refrain from the threat or use of force against the territorial integrity or political independence of any state or region in a manner inconsistent with the policies of The North Pacific.
    3) All members shall refrain from giving assistance to any state 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 and the North Pacific Intelligence Agency.

    Article II - Elections and Elected Offices

    Section 1: Election Rules and Regulations
    1) Elections shall be held every three calendar months. Voting shall commence at 12 am GMT on the first day of the month and end at 11:59 GMT on the seventh.
    2) Elections shall take place on The North Pacific off-site regional forum. The elections shall be organized and supervised by the regional delegate.
    3) Subject to Paragraph 4, all leaders of member nations residing within the North Pacific and members of The North Pacific Army, regardless of UN status, shall be entitled to vote.
    4) Notwithstanding Paragraph 3, all leaders of more than one member nation shall be restricted to a single vote.
    5) Only nations who are registered as members of the regional forum when the polls open shall be entitled to vote. Nations that register after the polls open shall not be able to vote until the next set of elections.
    6) Where there is a tie, the Delegate shall have the tie-breaking vote. The Delegate shall not otherwise be entitled to vote in an election.

    Section 2: Elected Offices
    The following offices shall make up the Cabinet of The North Pacific government. Each office will have its duties and responsibilities listed herein:
    1) Regional Delegate
    - the Delegate of The North Pacific shall be elected through the UN election mechanism already in place in NationStates
    - the Delegate's primary role shall be to represent the interests of The North Pacific's member nations; it shall be understood that this can be best achieved through open and regular communication with member nations with in the North Pacific off-site forum, via Pm and telegram.
    - the Delegate shall vote on UN resolutions in accordance with the wishes of the majority of member nations as determined by a poll of posted members desires on the off-site forum.
    - the Delegate may act only in the interest of The North Pacific, with the consent of the region.
    2) Minister of Immigration and Internal Affairs
    - the Minister shall be responsible for communicating with new member nations, answering questions and highlighting regional guidelines.
    - the Minister shall be responsible for compiling domestic intelligence and enforcing regional guidelines.
    3) Minister of External Affairs
    - the Minister shall be responsible for establishing and maintaining relations and alliances between The North Pacific and other regions.
    - the Minister shall recruit, oversee and direct The North Pacific diplomatic corps.
    4) Minister of Defense
    - the minister shall be responsible for recruiting, organizing and directing The North Pacific Army for the protection of the region and its allies
    - the Minister shall work with the Minister of External Affairs to learn of threats to the region and to advise on proposed strategic alliances for regional protection purposes.
    5) Minister of Justice
    - the Minister shall be responsible for all judiciary activities in the region, including hearings on regional security issues and ejections. (See Article V for details on trials)
    6) Minister of Communications
    - the Minister shall be responsible for initiating, directing and moderating debates on subjects of regional and national interest, such as parliamentary issues, UN proposals and resolutions, and general interest discussions.
    7) Minister of Arts and Entertainment
    - the Minister shall be responsible for moderating the Role-Playing, Games and Out of Character forums.
    - the Minister shall initiate and oversee activities and topics for the general entertainment of The North Pacific's member nations.

    Section 3: Rules and Regulations for Cabinet
    1) To stand for elected office, a candidate must be a member nation of The North Pacific (as outlined in Article I, Section 1). UN membership is not required, but it is recommended. Nations with UN membership should reside with the North Pacific unless active in the North Pacific Army.
    2) Nation must participate in the off-site forum and be a region and forum member for a minimum of 1 months.
    3) Cabinet members shall not hold more than one cabinet position.
    4) Cabinet members are required to appoint a deputy minister within seven days. The deputy minister shall take the Minister's place on an interim basis should the elected Minister be unable to hold office. Where a Minister fails to hold office and no deputy has been appointed, the Delegate shall appoint a deputy minister who shall assume the position of Minister and Cabinet member until the next elections.

    Section 4: Impeachment of a Cabinet Member
    A Cabinet member may be impeached provided they have violated the Constitution or partaken in gross misconduct. In such a case, the Minister of Justice shall hold a trial for the Cabinet member. After the trial, all Cabinet members, excluding the defendant and the Delegate, shall cast votes. If the defendant is found guilty, the member shall be released of all duties and will be banned from all public offices. If the accused is the Minister of Justice, the Delegate will hold the proceedings.

    Section 5: Rules and Regulations For Delegate Elect
    1) Delegate Elect shall meet all requirements set forth in this constitution and in the NS rules.
    2) Delegate Elect shall announce in The North Pacific Offsite Forum and Regional HQ their campaign and platform to members of the region prior to gaining half of the number of endorsements held by the Delegate seated at that time.
    3) Outright endorsement swapping or slander of other contenders for Delegate or member nations is prohibited.
    4) Candidates must participate in the off-site forum and be a region and forum member for a minimum of 1 months.
    5) Not following any of the rules set forth in this constitution will result in Delegate Elect nation being brought up for immediate review by the cabinet and possible regional ban.

    Article III - The North Pacific Legal Code

    Section 1: Passing Laws
    1) Role of the Code - The North Pacific shall be governed by a code of laws that will detail the rules and regulations of The North Pacific region.
    2) Bill Submission - Any active member of The North Pacific may propose a bill they wish to become law. Bill submissions shall be sent to the Minister of Justice, whom, after consultation with the Delegate, selects bills to be voted on.
    3) Passing a Bill - Bills selected will be voted on by the member nations of The North Pacific and will advance from bill to law if it garners 60% support of the vote after one week's voting time.
    4) Procedure for Unpassed Bills - If a bill receive more than 50%, but less than 60% , support of the vote, then it will move to the debate forum where supporters and detractors may argue their points for one week. Another vote will then be held and, if the bill receives 60% support of the vote it shall become law. Otherwise it will be declared a dead bill.
    5) Dead bills - A dead bill may be revived after one month, unless the Delegate blocks its revival.
    6) Roles of Officials - The Minister of Immigration and Internal Affairs shall be responsible for overseeing the voting of any active bill and the Minister of Justice shall be responsible for the enforcement of the bill after it becomes law.

    Section 2: Expulsion
    Any nation may be expelled from The North Pacific if found guilty of the following:
    1) Violating The North Pacific Legal Code.
    2) Violating the regional membership regulations as outlined in Article I, Section 2.
    3) Violating any of the NationStates rules as written on the NationStates website.
    4) Violating the Rules and Regulations for Cabinet.
    5) Violations of The North Pacific Constitution.

    Section 3: Power of Expulsion
    1) The Delegate may not expel nations without the express consent of the nations of the region by either vote or by a trial.
    2) The Judicial Branch or the Delegate can call a vote for the purpose of immediate expulsion by the posting of the case and evidence of needed action in a thread within the North Pacific Forum and a notification of such on the regional message board at anytime.
    3) If more than half of the voting nations in said thread vote in favor of an ejection within a 24 hour period, then the nation will be ejected by the Delegate.
    4) The only exception to the vote requirement would be explicit spamming of the forum or HQ. In those times posting of the offense and a second by another nation is all that is needed.

    Article IV - Trials

    Section 1: Trial Rules and Procedures
    1) Calling a Trial - Any nation eligible for ejection under the Legal Code, but disputes the charges, may ask the Minister of Justice for a trial. Certain offences may warrant an automatic trial.
    2) Trial Preparations - The defendant and the Minister of Justice 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.
    3) Jury Selection - Five jurors will be selected by the minister of Justice from a pool of volunteers. Volunteers with an expressed bias or whom 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.
    4) 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. The Minister 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.
    5) Jury Deliberations - After both sides have presented their cases, the jury will deliberate on the verdict and, if the nation is found guilty, the sentence. A majority is required to reach a verdict and pass a sentence.
    6) Conclusion - Once the jury has reached a verdict, it will be delivered to the Minster of Justice to be announced. The trial will be concluded once the Delegate confirms and enforces the verdict.

    Article V - Amendments

    Section 1: Amendment Proposals
    This Constitution may be amended as necessary. Amendments may be proposed by any member nation to the approropriate elected minister in the cabinet.

    Section 2: Amending Formula
    The Constitution shall only be amended if a proposal receives both:
    1) Majority support in Cabinet.
    2) A minimum 65% approval of vote in a special referendum of regional members, in accordance with Article II, Section 1.


    Minor amendments carried out by Wilkshire. See this thread:
    http://s2.invisionfree.com/The_North_Pacif...?showtopic=2473

    9 June 2004

    In accordance with Article V, Section 1 of the Constitution of The North Pacific — this amendment hereby establishes the Ministry of Culture and Education to the government as a Cabinet-level position.

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    The Ministry of Culture encourages the cultural industries, protects The North Pacific's heritage, and advances the public information system in order to maximize their contribution to the region's awareness and social vitality.
    • The ministry implements strategies to promote and broadcast The North Pacific's cultural and heritage strengths and mores to realize their full potential. It works with member nations and cultural agencies to preserve The North Pacific's culture and heritage.

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    The Minister of Culture is authorized to appoint a Deputy Minister of Education and such Boards and Commissions as may be required to foster, promote, and maintain the responsibilities of this office. One other Deputy Minister (of Culture) is also authorized.
    • The ministry should work in close affiliation with that of Arts and Entertainment, of Communications, and of External Affairs.

    28 August 2004