An alternative approach to reform

Grosseschnauzer

Grosseschnauzer

TNPer
I’ve been doing a bit of thinking about how to give the elected Delegate more responsibility and avoid the problems I see if the Delegate is made the dominant head of state and government, and thereby ignore the lessons taught by history in The North Pacific.

I’ve also have some other ideas that, I think, as a package, might prove to be a middle-of- the rpad approach that still amounts to a significant change but not create the chaos and instability that I believe the current proposals for a delegate-centric government present.

In this regard, I should note I am not adverse towards an effort to transfer certain aspects od the Constitution into the Legal Code, as suggested by Pragmia here. However, as Monte Ozarka pointed out in response to Pragmia, there are instances where certain procedure has to be included in a constitutional document. (The real life Constitution of the United States contains quite a few such provisions, and several of its separately stated amendments also state procedural requirements.) Several of the amendments adopted to the TNP Constitution have also transferred provisions out of the Constitution into the Legal Code, especially the provisions dealing with elections and the Cabinet. There’s no reason why the same procedure cannot be used on other topics.

This is what I feel would be a middle of the road approach:

Declaration of Rights
If it is really felt to be necessary, then the Declaration of Rights could be made into a separate document; however, it would not be subject to amendment, and would serve as a limitation on the power of the government as provided in the Constitution, the Legal Code, or the other laws or procedures of the region.
An additional statement of obligations may be a possibility, if it can be drafted in a way as to preclude the need for amendment; and it would include the obligations that are currently imposed as a requirement of regional membership or as currently stated in the oath taken to apply for membership in the regional assembly or in the oath of office. I suspect, however, that may not be realistic.

Executive reform
  • Divide authority of the current Minister of Immigration and Internal Affairs, so that the Delegate is given responsibility for immigration, and the re-named Minister of the Interior would retain responsibility for admission into the group of regional citizenship/legislature/voters, as well as the duty to enforce “regional guidelines.” As the head of the subsumed Ministry of Immigration, the Delegate would gain a vote in the Cabinet, and the Vice Delegate would be the deputy with respect to immigration matters. This would also resolve the spilt of authority concerning recruiting new players or players from other regions to become active participants of the region.
  • Transform the Ministries of Communication, Arts and Entertainment, and Culture and Education into Directorates. The three directorates would each be headed by directors appointed by the Prime Minister, and subject to either Cabinet or Regional Assembly approval (whichever seems to be a better approach.) The directors would not be voting members of the Cabinet, but they would be entitled to participate in Cabinet discussions. Each director would serve at the pleasure of the Prime Minister.
  • The effect of these two changes would make the Prime Minister, the Delegate, the Minister of External Affairs, the Minister of the Interior, the Minister of Defense, and the Attorney General as voting members of the Cabinet.
  • The power to appoint deputies would be transferred to the Prime Minister, but each Minister would have the ability to recommend appointments.
  • In the event of a vacancy in any Ministry, for any reason including inactivity, then the PM would nominate a successor subject to approval by the Regional Assembly.
  • The right of review of a ministerial action process would be merged into the judicial review procedure in the judiciary.
Legislative Reform
If it were totally my choice, I would prefer to see a return to the direct legislative system of registered voters that existed during the NPC era prior to the Constitutional Convention. Or even to the blended registered voters/regional assembly system that came out of the Constitutional Convention, where certain votes were reserved to all registered voters, and the voluntary members of the Regional Assembly only had power to enact laws, approve diplomatic agreements, and propose constitutional amendments. Approval of nominations/appointments were left to the registered voters.
Notwithstanding that, the actual process of enacting laws could definitely could use revision. The procedure currently in place mostly dates back to the Blackshear constitution, prior to the inclusion of a quorum requirement (which was intended to prevent a minority from achieving a legislative coup d’etat), the establishment of a Speaker, or the creation of a Regional Assembly. It’s also clear that the process that in fact exists is different than what is described in the Constitution, and that is the fault of interpretation by the different personalities who have served as Speaker and some judicial decisions on the meaning of an abstention. In any event, whatever form is used for the legislative branch, the office of Speaker should be retained essentially in its current form.
One note on the proposals to eliminate quorum – if the quorum rule is not kept then there has to be some form of protection to prevent a minority that becomes a temporary majority (such as when there is a widespread vacation or holiday period) from enacting laws or constitutional amendments not favored by a majority. To eliminate a quorum requirement for normal lawmaking, there needs to be some other mechanism to prevent the abuse that a quorum requirement was designed to prevent.
I would favor a refinement of approval margins for internal rules, laws, or constitutional amendments; it should be easier to adopt an internal rule than a law, and adoption of a law should be much easier to adopt than a constitutional amendment.
I would retain the Security Council as it is currently structured as an elected committee of the Regional Assembly, class of voters/citizens. There is considerable objective evidence that it has served as a sounding board and check on the Delegate (I don’t believe the Council has ever failed to approve a request from the Delegate), and it has served as a gadfly on the Delegate on occasion, which I think is a good thing. In addition, a look at the list of those who have served on the Security Council during its existence shows that there has been a wide range of turnover and that there has benn a healthy mix of those who have served one or a few terms on the Council, and of members who have served a great number of terms, thus provide a mix of new viewpoints and experience. Finally, the Security Council also served its intended purposes in the emergency that took place in the L'Affaire d'Dalimbar, as it served as the foundation of the region's response to the matter, including creating the declaration of the state of emergency as permitted under the Constitution.)

Judicial Reform
There isn’t much to change with the judiciary at this point. Recent reforms concerning criminal trials and juries have yet to be tested, and that means there is no evidence to say that the updated procedure would not work. I would favor dropping the impeachment by trial provisions in favor of having impeachment solely by recall for all positions; that would simplify the use of juries and remove the need for a grand jury for impeachment oriceedings. The Court has power to adopt its own rules so that could address most concerns in the judicial system. I would favor placing Article VI concerning ejection and banning into the Legal Code since those are really specialized judicial proceedings.

That’s enough for now. Have at it, then!
 
Ahhhhhhh, I see, so Gross, the Delegate would basically be a bureaucrat with a vote who is responsible for begging new players to come. I'm sure that's a great incentive for a delegate not to go rogue!
 
N.K., it's odd that only one elected delegate has ever complained they didn't have enough to do. The history here supports otherwise.

And as a former, two-term elected, Prime Minister, I can't imagine how anyone could perform both roles in The North Pacific without totally losing their sanity -- which is what happened to Cathyy as Pixiedance. We do not need more of that!

I meant to add that I would be favorable to 4-month terms for the elected officials, the Speaker and the Security Council as long as a term limitation is maintained. The only ideal solution for the Court Justices' terms in this situation is to have one of the three justice selected at the end of every term, and extend their terms to one year.
 
Actually, history shows that members of the clique held the position of Delegate for the majority of the time!! Its only when those outside the clique get into office that they realise its a sham!!
 
@ Polts. Quit blaming the non-existent "clique" for your political impotence. Frankly, I'm tired of hearing about something that does not exist.
 
Getting back to the topic at hand, I meant to discuss the concern I have about proposals to have a Cabinet mostly imposed of appointed Ministers. Such a system makes little sense to me, at least as far as having the Cabinet collectively exercise power through voting. It's one thing for a body of Ministers, who collectively are elected and exercise the Executive power to act, as the elected body would directly represent the will of those who elected them; its another thing to have a body of appointed officials, whose tenure is subject to the whim of the sole elected official. No independence of thought or opinion would even be possible, and makes a mockery of a appointed Cabinet voting on anything.

Under the current system, the elected Cabinet plays a role in approving judicial nominations, approving constitutional amendments, approving certain diplomatic agreements, or acting collectively as the Executive under the "necessary and proper provisions of Article III. Having such powers makes sense with an elected voting membership within the Cabinet; it does not make sense if all the Ministers are appointed because it would not represent the political will of anyone other than the sole elected executive. That's too much concentration of power.

I will try to put together a markup draft of how my proposal would look. I'm going to have to use different colors and font styles since this would involve more than addition and deletions.
 
Grosse: Yes, having an appointed Cabinet does minimize Cabinet independence. However, that is compensated by a reduction in formal powers that are granted to the Cabinet body. Instead, most responsibility and blame for executive action would be placed on the head-of-state. Cabinet votes would pretty much be relegated to internal procedure or the head-of-state's Cabinet policies.

(Yes, my proposal does give the Cabinet veto powers, as it still offers more (albeit slight) independence than giving veto power to only the Delegate. An appointed Cabinet still has the potential to rebel, though the chances of it happening are certainly smaller.)
 
Grosseschnauzer:
@ Polts. Quit blaming the non-existent "clique" for your political impotence. Frankly, I'm tired of hearing about something that does not exist.
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Not sure what I'm said to be blaming for!! But the clique exists, you don't see it because you are in it!! ;)

I'm sick of your long-winded posts that say nothing but I've not told you to shut up...yet!!
 
Here is a first draft of the revision with the changes I discussed earlier in this thread:

DECLARATION OF RIGHTS AND DECLARATION OF RESPONSIBILITIES.

Declaration of Rights
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 governmental authorities of the region. Each Nation has the right to assemble, and to petition the governmental authorities of the region, including the UN Delegate, for the redress of grievances. The governmental authorities of the region shall act only in the best interests of the Region, as permitted and limited under this Constitution.
3. Participation in the governmental authorities of the region is voluntary. Participation in the United Nations shall not be a condition of participation in the governmental authorities of the region.
4. No Nation of The North Pacific holding UN member status in NationStates shall be obligated to endorse any official of a government authority of the region. 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 official of a government authority of the region. Any Nation of The North Pacific has the right to request the impeachment of any official of a government authority of the region in accordance with this Constitution, that is deemed to have participated in such acts.
6. No Nation shall be held to answer for a crime in a manner not prescribed by this Constitution or the Legal Code. No Nation shall be subjected to being twice put in jeopardy for the same offense. No Nation shall ever be compelled in any criminal case to be a witness against itself.
7. When charged with criminal acts, Nations of The North Pacific shall have a fair, impartial, and public trial before a neutral and impartial judicial officer. In any criminal proceeding, a Nation is presumed innocent unless guilt is proven to the fact finder by reasonably certain evidence. A Nation may be represented by any counsel of the Nation's choosing. No Nation convicted of a crime shall be subject to a punishment disproportionate to that crime.
8. No Nation shall be ejected from the region, or banned from any forum, except as expressly authorized by this Constitution or the Legal Code. Should any official of a government authority of the region with authority to act, 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. The UN Delegate shall not exercise the power of ejection or banning unless expressly authorized by a specific action of a government authority of the region pursuant to this Constitution or to the Legal Code.
9. Each Nation in The North Pacific is guaranteed the organization and operation of the governmental authorities of the region on fundamental principles of democracy, accountability, and transparency. No action by the governmental authorities of the region shall deny to any Nation of The North Pacific, due process of law, including prior 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. No governmental authority shall have power to adopt or impose an ex post facto law or a bill of attainder as to any act for purposes of criminal proceedings.
10. Each Nation entitled to a vote in any manner under the fundamental laws of the region is entitled to the equal treatment and protection of that Nation's right to vote.
11. No governmental authority of the region has the power to suspend or disregard this Constitution or the Legal Code In the event of an actual emergency, the governmental authorities of the region, with the express consent of the Nations of the region or their representatives, is authorized to act in any reasonable manner that is consistent as practicable with the pertinent provisions of this Constitution.

Declaration of Responsibilities
Citizenship and participation in The North Pacific imposes certain duties and responsibilities consistent with the needs of a democratic society. These include:
1. Each member Nation is subject to and will abide by the fundamental law of The North Pacific and such other laws adopted by the governmental authorities of the region.
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 fundamental laws of The North Pacific.
3. Each member Nation shall not directly wage war against The North Pacific, or ally themselves with any other nation or region that wages war, declared or not, against The North Pacific
4. 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 military or intelligence agencies, and is subject to the consent of the government officials who have appropriate authority.
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THE CONSTITUTION OF THE NORTH PACIFIC

Preamble.

WE, the Nations of The North Pacific (TNP), mindful of the inherent rights to justice, security, democratic regional leadership and national sovereignty do hereby proclaim this constitution to be the living and growing document of our liberties. This document shall be the foundation of our culture, society and law and shall be respected in spirit and in word by all residents of The North Pacific.

Fully cognizant of our role as a Feeder Region within the online game of NationStatesTM, and acknowledging that our character as such involves interaction with players new to that game, we avow to play fairly, educate where necessary, applaud when appropriate, and above all to remember that this is a game.

ARTICLE I. Fundamental Law.

The Declaration of Rights, the Declaration of Responsibilities and the Constitution constitute the fundamental law of The North Pacific. The Constitution, the Legal Code, and other binding laws of the governmental authorities of the The North Pacific shall be applied and interpreted in accordance with the limitations and duties imposed by the Declaration of Rights and Declaration of Responsibilities.

ARTICLE II. General Provisions.

Section 1.Definitions.

1. “Elected Officials” refers to the UN Delegate, the UN Vice Delegate, the Prime Minister, the other Ministers of the Cabinet, the Speaker of the Regional Assembly, and the Security Council.
2."Cabinet-level position" refers to the UN Delegate for the Region, any UN Vice Delegate who has acted as UN Delegate for the Region for more than half of an elected term of office, 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 2. Registration.

In the interest of Regional security, member Nations shall be required to register in the manner provided by law prior to voting or participation in the Regional Assembly

Section 3. Jurisdiction, Review of Regional Government Action.

1) All government officials of the Regional Government, whether elected or appointed, shall act only in the best interests of the Region. All officials of the Regional Government, whether elected or appointed, has the responsibility to uphold and enforce the fundamental law of The North Pacific, and to implement and comply with the actions taken by the Regional Government pursuant to the this Constitution or The North Pacific Legal Code. Each official has the duties and responsibilities provided in this Constitution or in The North Pacific Legal Code. Each official 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 other law, and subject to such limitations on those powers and duties established under the fundamental laws of The North Pacific.

Should any Regional Assembly member believe that the actions of the Delegate, the Prime Minister, or any other official in the Regional Government are inappropriate, that member may file a petition for judicial review with the Court of the North Pacific.

Section 4. Forum Movement
3) No government official shall have the authority to change the designated off-site forum for regional governance without approval of a majority of the members of the Regional Assembly.

Section 5. Political, Diplomatic and Military Relationships With Other Regions.

A - The North Pacific may establish and maintain appropriate political, diplomatic, or military relationships with other regions in NationStates, in accordance with the North Pacific Legal Code.
B - Political, diplomatic, or military relationships shall only be established by agreement or treaty. Either the Minister of External Affairs or the Prime Minister has the power to create, change or remove “basic military or diplomatic treaties,” as defined by law. Any negotiator representing The North Pacific in noegotiations with other regions may refuse or reject a proposed treaty or agreement prior to submission for approval of the treaty or agreement by The North Pacific. The creation, change or removal of a Mutual Defence Treaty, or any other Military treaty short of an Alliance or Entente must have the support of a majority of the Cabinet. Proposals for the creation, change or removal of any documents dealing with alliances or ententes (as in a coalition) or other types of interregional agreements, conventions, or treaties that affect regional law must be submitted to the Speaker for approval of such proposed action by a majority of the Regional Assembly in a referendum with a quorum participating. The voting period for the referendum shall be for five consecutive days. Should the action be approved, action to implement the proposal shall be taken by the Prime Minister, the Minister of External Affairs, or the Cabinet of the Regional Government, as appropriate in the circumstances.
C - Provisions for the establishment of a commonwealth relationship, a protectorate relationship, a colony relationship or other political relationships with other regions by treaty or agreement shall be established in the North Pacific Legal Code. A treaty or agreement that provides for establishment of a commonwealth relationship shall expressly provide for the rights of nations of the other region to acquire full and equal citizenship and Regional Assembly Membership in The North Pacific under the provisions of this Constitution.
D - Provisions for military alliances, military co-operation, and joint military operations by treaty or agreement shall be established in the North Pacific Legal Code. Such provisions may provide for approval of deployments by the Security Council in appropriate circumstances as provided by law.
E - Provisions for the establishment of embassies, consulates, and interest sections by treaty or agreement shall be established in the North Pacific Legal Code. Such provisions of law may provide for establishment of consulates or interest sections on request of another region or multi-regional organization, but no embassy may be established except by a formal treaty or agreement.

ARTICLE III. Elections.

Section 1. Election Procedures.

A - Procedures for the election of the elected officials of the Regional Government shall be as provided by this Constitution and by law in The North Pacific Legal Code.
B - Elections and referendums shall take place exclusively on The North Pacific Regional off-site forum. Nations take office when a certificate of results of an election are published.
C - All Nations who have joined the Regional Assembly 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 general election regardless of UN status. Any such Nation who is both resident in The North Pacific (or are active members of The North Pacific Army or The North Pacific Intelligence Agency) and is also a member of the United Nations may vote in elections for UN Delegate and Vice Delegate. No person shall be permitted to cast more than one vote, through one or more Nations.
D - Only Nations who are members of the Regional Assembly when the voting period commences shall be entitled to vote.
E - Nations that join the Regional Assembly after a voting period commences shall not be able to vote during that voting period. Such Nations may vote in the next election or referendum that occurs after that Nation's registration is validated and accepted.
F - The quorum requirement in the Regional Assembly do not apply to the elections of elected officials for a full term, or for any necessary runoff elections.
G - Candidates must adhere to the term limitations provisions of this Constitution. If and when elected, candidates automatically resign any office they may then hold, other than as a member of the Regional Assembly, unless they have been elected to a consecutive term in that same office.

ARTICLE IV. The Executive System

Section 1. The Cabinet.
The following offices shall comprise the Cabinet of The North Pacific Regional Government. The Prime Minister, the UN Delegate for the Region, and each Cabinet minister shall have a vote on any Cabinet action.
1) UN Delegate for the Region and Vice Delegate.
A - The UN Delegate for The North Pacific and the UN Vice Delegate shall be elected through the process described in Section 1 of this Article and the North Pacific Legal Code. The Delegate shall be considered as the ceremonial head of state, but not as head of government, for The North Pacific. The Vice-Delegate shall be considered as the deputy for the Delegate, and who may, where circumstances warrant, act as the Delegate. The Vice Delegate must be eligible for election as Delegate in order to be elected as Vice Delegate.

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 - The Delegate shall be responsible for communicating with new member Nations, answering questions and highlighting regional procedures and guidelines.
E 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 UN Vice Delegate, the Office of Prime Minister and for the Offices of the other Ministers of the Cabinet.
F - The UN Delegate and Vice 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 or Vice 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 or Vice Delegate.
G - At all times during the term of office, the Vice Delegate shall have the second greatest number of endorsements in the Region which shall be exceeded only by the number of endorsements held by the Delegate. The Vice Delegate may be authorized, by a vote of the Security Council on grounds of regional security, to temporarily assume the Delegacy under NationStates procedures whenever the Delegate may be unable to act or is not recognized within NationStates as the UN Member with the greatest number of endorsements within the Region or for other similar reasons of regional security. Upon the subsequent formal posted declaration of the Delegate that he or she is able to again act as Delegate of the Region within NationStates, the Delegate and Vice Delegate shall take any necessary action to cause the transfer of the Delegacy back to the elected Delegate.
2) Prime Minister.
A - The Prime Minister is the head of the Regional Government. The Prime Minister shall have oversight over all Cabinet Ministries and executive agencies and shall preside over the Cabinet.
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 the Regional Assembly, 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 Regional Assembly for the ongoing oversight of the Agency.
3) Minister of Interior Affairs.
A - The Minister shall be responsible for compiling domestic intelligence and enforcing Regional guidelines.
B - The Minister shall be responsible for overseeing the Regional Assembly registration process and procedures in conjunction and with the support of, the Prime Minister, the other registration officials, 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.
4) Minister of External Affairs.
A - The Minister shall be responsible for establishing and maintaining relations and alliances between The North Pacific and other regions and multi-regional organizations, in accordance with the wishes of the majority of the registered voters of the Region.
B - The Minister shall recruit, oversee, and direct The North Pacific Diplomatic Corps.
5) 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.
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.
6) Attorney General, serving as Minister of Justice.
A - The Attorney General shall be the chief prosecuting officer in The Court of The North Pacific, and shall exercise those responsibilities and duties imposed on the Attorney General under this Constitution and as provided in The North Pacific Legal Code.

Section 3. Subcabinet Directors
The Executive may consist of no fewer than three directorates, under the supervision of the Prime Minister, that will be responsible for functions not placed within the Cabinet Ministries. Directors shall be nominated by the Prime Minister, and confirmed by the Regional Assembly, and shall serve at the pleasure of the Prime Minister. The head of each directorate shall not hold any Cabinet-level office or deputy ministerial position, and the head may organize such directorate in such form as they deem appropriate. The Regional Assembly, upon the request of the Prime Minister, may approve the creation of directorates in addition to the following:
1 Director of Communications.
A - The Director shall be responsible for publishing reports, within and outside of the Region, of the actions of the Regional Government and other developments in The North Pacific in conjunction with the Prime Minister or the official with appropriate jurisdiction
2) Director of Arts and Entertainment.
A - The Director shall be responsible for moderating the Out-of-Character, Role-Playing and Games forums at the Regional off-site forums.
B - The Director shall initiate and oversee activities and topics for the general entertainment of The North Pacific's member Nations.
3) Director of Culture and Education.
A - The Director shall encourage and promote the Cultural and Educational arts and industries, and protect The North Pacific's heritage 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, may hold any Cabinet-level position for more than two consecutive terms.
2) 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.

Section 4. General Provisions Concerning the Executive.

In addition to any requirements or procedures concerning elections adopted as part of the Legal Code:
1) A candidate for elective office must be a member Nation of the Region.
2) A candidate must 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.
3) Cabinet members shall not hold more than one Cabinet-level position at the same time.
4) The Legal Code may impose additional requirements as qualifications for election or appointment as a specific Minister or Deputy Minister.
5) The Legal Code may provide for the removal of any Cabinet-level position or any Deputy Minister on the grounds of inactivity, as defined by law.
6) The Legal Code shall provide by law for a vacancy whether due to resignation, removal or other cause, in any Cabinet-level position (other than the Delegate, Vice Delegate, and Prime Minister) or for a Deputy Minister.
7) The Prime Minister shall appoint a Deputy Minister in each Ministry within seven days of the election of the Cabinet Minister, or upon a vacancy in, the removal of, or a resignation of a Nation from, the office of a Deputy Minister. Each Cabinet Minister may recommend the appointment or removal of a deputy Minister to the Prime Minister.

ARTICLE V. The Legislative System.

Section 1. The Regional Assembly of the North Pacific.

A - The Regional Assembly shall have the authority to adopt all laws, amendments to this Constitution, or other motions and proposals, except as otherwise expressly delegated in this Constitution to another governmental authority.
B - The Regional Assembly shall be chaired by a Speaker, who is chosen by the Regional Assembly in an election for a three month term at the same time as elections for the Cabinet and Delegate.
C - The Speaker shall preside over and act as debate moderator for the deliberations of the Regional Assembly. The Speaker shall keep discussions moving forward in an orderly and civil manner. The Speaker shall ascertain whether or when the debate and deliberations on a bill have reached the point for a referendum in the Regional Assembly.
D - The procedures for nomination and voting applicable for the Cabinet generally shall apply to the election for the Speaker, except for the provisions that govern term limitations on Cabinet-level positions. The Speaker may not hold any other office during the term of office to which that person is elected.
E - Until otherwise provided by law, in the event of a vacancy in the office of Speaker, for any reason, the Regional Assembly shall promptly hold an election of its members to elect a new Speaker for the remainder of the term. In the interim, the Prime Minister shall chair the Regional Assembly. The election shall be organized as expeditiously as possible, but the period for nominations shall not exceed 48 hours, and the period for voting shall not exceed 72 hours, commencing within 24 hours after the vacancy occurs.
F - The Regional Assembly shall have power to adopt its own internal rules and procedures not in conflict with this Constitution or The North Pacific Legal Code. Voting on the adoption and amendment of such procedures shall be by a referendum of the members of the Regional Assembly for a voting period not to exceed 72 hours.

Section 2. Adoption of Laws.

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 or the Declaration of Rights or the Declaration of Responsibilities, the provisions of this Constitution or the Declaration of Rights or the Declaration of Responsibilities shall prevail.

Section 3. Legislation.

A - Any member of the Regional Assembly may submit a bill to the Regional Assembly as a proposed law or submit a proposal for a constitutional amendment. Proposals shall be submitted to the Speaker.
B - The Speaker shall select the proposals to be voted on by the Regional Assembly. Bills and proposals 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 Speaker shall not exercise the authority conferred in this provision in an arbitrary or capricious manner.
C - During the 21 day period following submission, the Nation who submitted a proposal may revise or withdraw the proposed bill. Any proposed bill not selected for a referendum vote of the Regional Assembly within 21 days of submission will fail and not be adopted.

Section 4. Adoption of Laws by Regional Assembly Referendum.

A - Bills and proposals selected by the Speaker will be voted on in a referendum of the Regional Assembly.
B - A legislative bill is adopted as a law if, at a referendum in which a quorum of the Regional Assembly participates, the bill garners approval of a majority of the votes cast during the voting period of one week.
C- The Speaker 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 on the bill (in its final form) of at least 24 hours, but not to exceed seven days.

Section 5. Quorum.

A - In order for any action to be adopted, a quorum of members of the Regional Assembly must participate in the referendum. Should a quorum not be achieved for any proposed action by the members of the Regional Assembly at the end of the voting period for a referendum, the proposed action will fail and not be adopted.
B - Quorum shall consist either a total of 20 legitimate votes cast by Regional Assembly members or be that number of legitimate votes cast by Regional Assembly Members that is equal to six per cent of the total number of members of the Regional Assembly, as applicable) at the time the referendum commences, whichever is greater.

Section 6. Roles of Officials.

A - The Speaker shall be responsible for supervising referendum voting of any bill or proposal for a constitutional amendment selected for a vote of the members of the Regional Assembly, or of any other matters submitted to a referendum of all registered voters.
B - Once a bill, amendment, or other action is adopted after the referendum, if the bill does not specify which officer is responsible for the enforcement or implementation of such law or other action, then the Prime Minister and Cabinet shall ascertain which Minister or other officer is responsible for the implementation and enforcement of the law or other action.

Section 7. Security Council.

A - The Regional Assembly shall elect a Security Council. The Speaker shall serve as the presiding officer of the Council. The Council shall have authority to endorse or otherwise approve such actions of an urgent or emergency nature that involve regional security other than the adoption of legislative bills and constitutional amendments as are specified in this Constitution and The North Pacific Legal Code. Any action by the Council does not supercede any requirement for approval by a referendum within the Regional Assembly, but serves as approval for action prior to such a referendum.
B - The Security Council shall be composed of not fewer than five members of the Regional Assembly, elected for three month terms at the same time as the Cabinet, Speaker, and the UN Delegate. The total number of Council members shall be determined by law, but shall not be less than five nor more than that whole number which equals ten percent of the total number of Regional Assembly Members at the time the nomination period for elections commence. The members of the Council shall be elected by plurality vote of the Regional Assembly in the manner prescribed by law.
C - Regional Assembly Members elected to serve on the Security Council shall arrange their affairs during their term of office on the Council so that they may participate in any matter brought to the Council upon notice not to exceed 24 hours. A quorum for the actions of the Security Council shall be not fewer than three Regional Assembly members as determined by law. The Speaker shall not have a vote in Security Council matters except in the case of a tie, but the Speaker shall count to the establishment of a quorum for a particular matter.

ARTICLE VI. The Judicial System.

Section 1. The Court of The North Pacific.

A - The judicial authority of the Regional Government is vested in a court, to be known as "The Court of The North Pacific." The Court is composed of a number of judicial officers, that is, a Chief Justice and at least two Associate Justices, with such an additional number as may be ascertained by law.
B - Trials and Hearings in civil, criminal and impeachment cases shall be before a single judicial officer.
C - Appeals of final judgments of trials and hearings shall be to the Court en banc before the Chief Justice and all of the Associate Justices.
D - The Court has power to adopt rules and regulations for the procedure of trials, hearings, and its internal operations, including rules of evidence and the random selection of trial and grand juries, not inconsistent with this Constitution or The North Pacific Legal Code.

Section 2. Chief Justice and Associate Justices.

A - The Chief Justice shall be the head of the Judiciary of The North Pacific Regional Government. The Chief Justice is responsible for oversight of all judiciary activities in the Region, civil, criminal, or otherwise, including hearings on Regional security issues and ejections from the Region.
B - The Chief Justice and the Associate Justices shall each serve a term of six months. The Chief Justice and the Associate Justices shall be Members of the Regional Assembly who shall hold no other office during their tenure as judges.
C - The term of office of the Chief Justice shall begin on the first day of the months of August and February. Nominations and referendums for the full term shall take place during the months of July and January. The term of office of the Associate Justices shall begin on the first day of the months of May and November. Nominations and referendums for the full term shall take place during the months of April and October. The Chief Justice and the Associate Justices shall be nominated by the Prime Minister with the advice and consent of the Cabinet, and during the interim period between the creation of a vacancy in the office of Chief Justice or an Associate Justice and the confirmation and installation of a successor to that office, the nominee shall serve as an acting judicial officer on the Court of The North Pacific and have the authority to exercise the duties and responsibilities of the office.
D - The appointment must thereafter be approved at a referendum, which shall extend for seven days, of the Regional Assembly, with the participation of a quorum, by at least a 50 per cent vote in favor of a motion for confirmation. 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 a judicial officer, and the Prime Minister shall promptly propose another nominee, with the advice and consent of the Cabinet, who shall act as a judicial officer, subject to approval of a motion for confirmation in a referendum by the Regional Assembly.

Section 3. Civil Proceedings.

A - Any nation that believes some other nation in The North Pacific has caused injury to any right, liberty, privilege, protection, or other duty that belongs to that nation as a matter of right under the Constitution of The North Pacific, or The North Pacific Legal Code, and which does not rise to the level of a criminal offense, that nation may file, or may request the Attorney General to file, a civil complaint.
B - The Court may adopt procedures for trial of a civil complaint, which may be tried with or without a jury.

Section 4. Criminal Trial Rules and Procedures.

A - The Court shall adopt rules and regulations as to the procedures for trial of criminal indictments.
B - All criminal trials shall include a randomly selected trial jury of five Regional Assembly Members drawn from the list of Regional Assembly Members.
C - A jury shall have the power to recommend a proportionate punishment to any conviction to the judicial officer, who shall impose such recommendation as the sentence of the Court provided that the sentence is proportionate to the offense in scope and duration. Any sentence may include the suspension of any or all of a Regional Assembly member's rights to participate in the government as a Regional Assembly member, to hold office, to participate in the North Pacific Army, to participate in the North Pacific Intelligence Agency, or otherwise, as deemed appropriate to the circumstances.

Section 5. Grounds for Civil, Criminal or Impeachment Proceedings.

The following acts shall constitute grounds for civil, criminal or impeachment proceedings:
A - Failure of a Nation to observe and abide by the Declaration of Rights, the Declaration of Responsibilities, the Constitution of The North Pacific, and The North Pacific Legal Code.
B - Failure of a Nation to Observe Its Oath of Office or its Oath as a Regional Assembly Member.

Section 6. Continuity of Trials.

In the event an elected term of office for the Attorney General, the Prime Minister or the presiding judicial officer in a trial 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 7. Impeachment by Recall Referendum.

A - Any elected or appointed holder of an Cabinet-level office, or any other position of the Regional Government, may be removed from office through Recall.
B - The Grounds for a Recall may be stated on any basis provided by Section 5 of this Article, and specifically includes misfeasance, malfeasance, nonfeasance, or inactivity in office.
C - Recall may be initiated by the filing of notice to seek Recall with the Court. A petition shall thereafter be filed within seven days that is supported by not less than fifteen members of the Regional Assembly then in good standing, and filed with the Chief Justice (or with the Prime Minister, when any Justice of the Court is the subject of the petition). When filed, the petition shall describe the evidence that supports the specific grounds of the petition for Recall. This statement of evidence shall be publicly posted in an appropriate thread no later than the time at which a Recall Election is called.
D - Should the Chief Justice (or when necessary, the Prime Minister) find that a sufficient number of Regional Assembly members then in good standing support the Petition, and find that there is evidence that reasonably appears to support the stated grounds for the Recall Petition, then an Recall Election in the Regional Assembly shall be called within 48 hours on the question of whether the holder of the office or position should be promptly removed from office on such grounds.
E - Voting shall be conducted for five days. With a quorum participating, the Recall shall pass if at least three-quarters of the votes cast support Recall. Approval of the Recall shall take immediate effect, and the vacancy created by the Recall shall be filled in the same manner as any other vacancy in such office or position. After removal, the removed officeholder may be subject to expulsion from the Region following a separate criminal trial.

Section 8. Right to Judicial Review.

A - Any nation may request the Court to review any law, or government action to determine whether that action or law is in conformity with or is in violation of a provision of this Constitution, the Declaration of Rights or the Declaration of Responsibilities.
B- The Court may grant such a remedy as it determines to be appropriate in the circumstances.
C - In any such proceeding, the Court shall give notice to the Prime Minister and the Attorney General of the request for judicial review, and may permit the Regional Government or other parties to intervene in a judicial proceeding for the purposes of the requested judicial review.

Section 9. Expulsion.

A. 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, the Declaration of Rights or the Declaration of Responsibilities, violating The North Pacific Legal Code or other laws of the Region.
B. 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 in the Regional Assembly, with the participation of a quorum, or by a trial and judgment that specifically imposes expulsion as a penalty or by the Security Council in the case of an urgent matter of regional security under the Declaration of Rights.
2) The Judicial Branch, the Prime Minister, the Delegate, or the Vice Delegate can call a referendum vote of the Regional Assembly 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 Regional Assembly Members 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 Regional Assembly Member, and a second to the immediate expulsion motion by another Regional Assembly Member. However, the subject Nation of the expulsion action shall have the right to a post-ejection referendum vote by the Regional Assembly 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 Regional Assembly with a quorum participating, approve the motion in a referendum.

ARTICLE VII. Amendments.

Section 1. Amendment Proposals.

This Constitution may be amended as necessary. Amendments may be proposed by any Regional Assembly member to the Speaker, in the manner described in Article IV.

Section 2. Amendment Procedures.

The Constitution shall only be amended if a proposal receives appoval by the Regional Assembly. A proposal for a constitutional amendment is adopted and ratified as part of this Constitution if, at a referendum of the Regional Assembly, the proposal garners approval by no less than three-fourths of the Regional Assembly Members during the voting period.
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Transfer into Legal Code as a Law on Regional Assembly Registration Procedures:

[Transfer to Legal Code:]
1) As used in this Section, or elsewhere in reference to this Section, “registration officials” refers to The Minister of Immigration and Internal Interior Affairs, the Prime Minister, the Speaker of the Regional Assembly, the Court of the North Pacific, the Regional off-site forum administrators, and any other officials of the Regional Government deemed necessary to the registration and continuous eligibility procedures in this Section.

2) The registration officials are empowered to conduct investigations and make inquiries deemed necessary for the continuing enforcement of the member eligibility and other requirements for the Regional Assembly of The North Pacific as provided in this Constitution, The North Pacific Legal Code, or other laws enacted pursuant to this Constitution.

3) Nations that reside in The North Pacific and who agree to abide by the member Nation requirements of this Constitution will request Regional Assembly membership at the Regional off-site forum by posting a request in a thread for that exclusive purpose, created by the Minister of Immigration and Internal Affairs.

4) In their request, Nations will be required to post a link to their TNP member Nation and their UN member Nation at NationStates.net, and in doing so, verify that they have taken the following oath:
QUOTE
"I, (Forum Name), as the leader of the (Official Full National Name), pledge to obey the Constitution and Laws of The North Pacific Region, and to act as a responsible member of its society.  I understand that if my Nation leaves The North Pacific region for reasons other than participation in North Pacific Army deployments that I may be stripped of my right to vote and required to reapply.  I pledge to only register one Nation to vote in The North Pacific.  I understand that my registration of, or attempt to register, multiple Nations to vote in The North Pacific shall warrant the summary withdrawal of my right to vote from all my Nations, past, present, and future, as well as possible expulsion from the Region. I understand that if any nation under my control directly wages war against the North Pacific, or allies themselves with a region waging war, declared or not, against the North Pacific, this shall warrant the summary withdrawal of my right to vote from all my Nations, past, present, and future, as well as possible expulsion from the Region. In this manner, I petition the Regional Government of The North Pacific region for membership in the Regional Assembly."

5) A member Nation must immediately inform the registration officials of any changes as to the identity of its Nation residing in The North Pacific or its UN member nation in the Nationstates United Nations.

6) Once any investigations or inquiries are completed, the registration officials shall expeditiously process each such registration request, and shall place any Nation accepted as a member of the Regional Assembly in a public listing of current members maintained for that purpose at the Regional off-site forum.

7) At any time, should sufficient evidence be brought to the registration officials that proves that a Regional Assembly Member fails to meet the requirements for membership, that Nation's name may be purged from the list of members. Should a Nation, whose membership has been purged, later be found to have been resurrected in NationStates, or that the Nation becomes a member of the Region once again, they may re-apply for membership. The act of expulsion or banning of a Nation from the Region on other grounds prior to a trial, referendum, or other proceeding does not affect its status as a member until and unless a final judgment is entered, a final decision is announced, or a final certification is entered in a referendum, whichever is applicable to the given situation. The registration officials may periodically purge of the names of members who are no longer eligible to be members of the Regional Assembly, upon due notice because they no longer meet the membership requirements.
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Transfer to Legal Code, Law on Elections:

[Transfer to Legal Code:] Elections shall be held every three calendar months in the months of February, May, August, and November. 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. Voting in any necessary runoff election shall commence at 12:00 am GMT on the tenth day of the designated month and end at 11:59 pm GMT on the sixteenth day of the designated month.
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I made a few changes in the legislative article, but I haven't focused on what could be transferred into internal RA rules, and what needs to remain in the Constitution itself. I have removed the concept of "dead" bills, because that has never really been used the way the original process intended.

I wish Unter was active these days. He had some ideas that I would steal, but I tried to duplicate in this draft.
 
U.K.

I started from the current text and with the changes I suggested earlier in the thread its already 20-25 percent shorter.

And compared to the Constitution when it came out of the Constitutional Convention, its' 40 percent shorter.
 
Honestly, the length of the document prevents me from wasting my time to read it. I can't take yet another book length constitution seriously, and as such it certainly does not lend to encouraging new players to stay in TNP.

BTW, Polts is correct, there is a clique and the recent voting reflected that fact.
 
I agree. Shorten it, Grosse.

The draft as presented above (not including BoR, etc.) in Microsoft Word, 12pt. Times New Roman:
13 pages
6,227 words
31,374 characters (without spaces)
37,668 characters (with spaces)
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By comparison, my draft:
5 pages
1,654 words
8,597 characters (without spaces)
10,292 characters (with spaces)
Click to expand...

Roman's draft:
5 pages
1,519 words
7,739 characters (without spaces)
9,314 characters (with spaces)
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I use Word Perfect; I wo0uldn't be caught dead using Microsoft Word. It's a terrible WP program, always has been, and my measurements came through measurements in the WP software. And as I said, this initial draft is 20-25 percent shorter than the current Constitution, and about 40 percent shorter than the Constitution that came out of the Constitutional Convention. I thinK I was able to remove the duplicative language in several places.

So I ask, shorten what and where? The snide comments are not constructive.

I haven't done much with the legislative article because there does not seem to be much agreement yet on what it should be. I did change the approval requirement for bills, and got rid of the dead bill language which made sense to those who drafted it. I also found a way to move the registration approval process into the Legal Code and

I'm doing the best I can but perceptions are going to vary about what should be in and shouldn't be in.

I made it clear that I was starting from the current Constitution which neither of you chose to do in blind obedience to a delegate-centric system that is almost doomed to fail.
 
Grosseschnauzer:
U.K.

I started from the current text and with the changes I suggested earlier in the thread its already 20-25 percent shorter.

And compared to the Constitution when it came out of the Constitutional Convention, its' 40 percent shorter.
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I am aware of this and sure a little improvement is better than none but we still have a document that is eleven fricking pages long just to govern a MESSAGE BOARD. Heck, that's one document -we have PLURAL documents of comparable length describing how a message board is going to run itself. A message board. Sure there's some other stuff, like that nationstates.net thing people log in to occasionally, and that small bit of region with its Civil HQ... message board circa 1995. Everybody, paperwork is not fun!! Sex is fun!! Holding hands and talking, that is fun!! Not legalese!!
 
Vague comments do not help me identify what might be consolidated ot moved into statute law, and out of the fundamental law. The fact that thw two other proposals are "short" does not hide the fact that both of them are highly flawed proposals that would not serve the region well over time.

There are topics of discussion that haven't been addressed in any of the proposals; and there is a major difference between my proposal and the ones put forth from M.O. and Roman. This one retains the useful device of having a Prime Minister as head of government, and is not a delegate-centric system that is open to repeating the disasters that occured from the time of Great Bight to Pixiedance. Further, the Delegate would be so overloaded with responsibilities of that system, that no one will be able to effectively function as Delegate.

It also avoids the anti-democratic device of having only appointed Ministers in the Cabinet, It would serve no useful balance to have an appointed Cabinet, and the fact that the major executive officials are elected is a fair counterbalance in the executive branch, especially where the Cabinet collectively will exercise some responsibilities in the Constitution.

It also retain the devices that have been in place to address the rogue delegate problem -- and which worked as it was designed to work in the Dalimbar affair. Neither M.O. nor Romaan's proposals even address this, and in my opinion, are major flaws in both proposals.

So I say again, if you have constructive suggestions as to what ought to be consolidated or transferred out of the Constitution, let's hear it.
 
They are not snide comments, I'm serious. This proposal is DOA as far as I'm concerned. It's a waste of time. That's not snide, that's honest. You are welcome to disagree and be unhappy with my position, but do not discount honest opinions and positions. If you want your position and opinion respected, you need to respect others in the same way. <_<

I don't care what word processor you use, that's totally irrelevent. It's too damn long. Period.

Lots and lots of words are not a remedy for possible future problems. Rather the flexiblity to deal with future problems is what we need. That comes from brevity and empowerment. Not pages and pages of text.

You can have a rogue delegate no matter what form of government we have, no matter how many words the constitution has, no matter what government power you give or don't give to the delegate. To fashion the entire document based on preventing rogue delegates is a futile effort. Game mechanics prevent any document from having any means of preventing delegate problems.
 
Wow...that's the NS equivalent of William Faulkner. Bureaucratic stream of consciousness with a few references to what happened in previous chapters.

How about this one...

THE CONSTITUTION OF THE WEST NORTH PACIFIC

TABLE OF CONTENTS

I - The Legislature
A. Senate
II - The Executive
A. The First Minister
B. The Council of Ministers
III - Procedure
A. Constitutional Amendments
B. Removing Government Officials
IV - First Minister Elections
A. Procedure for Calling an Election
B. Procedure for Elections
V - Signatories

I - The Legislature

A. The Senate

1. The Senate shall have the power to make all laws necessary and proper for the maintenance of governance, security and happiness in the West NORTH Pacific.
2. The Senate shall have the following responsibilities:
i. Creating and passing legislation, requiring a simple majority of 50%+1 to pass
ii. Electing the Delegate, to serve as First Minister of the West NORTH Pacific
iii. Electing the Speaker of the Senate RA, whose responsibilities and the position's term of office shall be declared by the Senate
iv. Electing an Associate Justice for the Court of the West NORTH Pacific once every three months
v. Electing the Minister of the Interior, and the Minister of Immigration, requiring a simple majority to pass, for terms of four months with a two month period between elections of ministers; should no candidate obtain a majority, a run-off between the two most popular candidates will occur
vi. Composing and maintaining a Bill of Rights, as well as maintaining the Judicial Code of The West NORTH Pacific
vii. Ratifying treaties and alliances through votes requiring a simple majority to pass
viii. Creating and dismantling Ministries as it sees fit, requiring a simple majority and the support of the Delegate to pass
ix. Authorizing the use of any extended Martial Law for a period longer than 24 hours and determining its terms
x. Removing government officials from office for high crimes such as dereliction of duty, treason, or contempt; for grave unfitness; or conduct unbecoming an officer of The West Pacific.
xi. Approving of the ejection of nations from the West NORTH Pacific, additions to, and removals from the regional banlist
3. The Senate may overturn the First Minister’s legislative veto through votes requiring the support of a supermajority of 2/3 of those voting to pass.
4. The suspension or dissolution of government must be approved of by the Senate through a vote requiring a simple majority and a quorum of 50% of all members to pass.
5. Requirements for Membership:
i. Residency in the West NORTH Pacific
ii. Population of at least 100 million
iii. At least four weeks of activity on the offsite forum, with an average post count of at least 0.5 per day
iv. Approval of the Senate through a vote requiring a simple majority to pass

II - The Executive

A. The First Minister

1. The Delegate shall serve as the Chief Executive of The West NORTH Pacific, and shall also hold the title of First Minister.
2. The First Minister shall have the following responsibilities:
i. Giving direction to the Government of the West NORTH Pacific
ii. Leading foreign policy in cooperation with the Council of Ministers
iii. Selecting the appointed members of the Council of Ministers, to be confirmed by the Senate
iv. Naming a Regent to serve in the absence or incapacity of the Delegate
v. Vetoing any legislation at his or her discretion
vi. Selecting one Associate Justice to serve on the Court of the West NORTH Pacific to be confirmation by the Senate, once every three months
vii. Pardoning and exonerating anyone convicted or to be convicted by the Court of the West Pacific at his or her discretion
viii. Dismissing the Regent and any appointed Minister at his or her discretion
ix. Setting and enforcing an endorsement cap of no less than 50 30% of the First Minister's endorsements or 80 endorsements, whichever is greater.
3. If the security of the legitimate government is in peril, the Delegate may declare Martial Law, defined as the circumvention of the legislature to issue ejections and bannings from the region for a period of at most 24 hours, after which they are required to brief the Senate on their reasoning within 48 hours, then subject to a retrospective vote for approval.
4. Upon election, the First Minister agrees to serve the West Pacific NORTH with in the confines of the Constitution of the WestORTH Pacific and her laws and governing documents.

B. The Council of Ministers

1. The Council of Ministers shall be composed of the Minister of the Interior, the Minister of Foreign Affairs, the Minister of Immigration, the Minister of Defense, the Minister of State Security, the Attorney General and the First Minister who shall preside over its meetings; all excepting the Minister of State Security and Attorney General shall be voting.
2. Ministers shall serve as heads of their respective ministries, whose ministerial responsibilities shall be decided through legislation in the Senate.
3. The Council of Ministers shall have the following responsibilities:
i. The negotiation and renunciation of treaties and alliances, declarations of war, and conclusions of peace, subject to votes requiring a simple majority to pass
ii. Informing and educating the First Minister on the state of the Ministries
iii. The power to compose the initial Judicial Code of the West NORTH Pacific
4. All votes in the Council of Ministers shall require a simple majority to pass.
5. In any case where an elected or appointed minister would have the right to vote on a matter in both the Senate and in the CoM then the minister shall vote in the CoM and shall not be allowed to vote on the matter in the Senate. In addition, where the First Minister has the right to veto legislation then the First Minister shall not be granted a vote in the Senate on such legislation.
6. All Ministers must have UN status, unless given permission by the First Minister,and residency in the West Pacific.

III - Procedure

A. Constitutional Amendments

1. Constitutional Amendments may be passed through the following process:
i. The Senate may pass an amendment through a vote requiring 3/4 approval, subject to a 50% quorum of all Senate members.
ii. Amendments must be approved by the Council of Ministers before they may be officiated as law.

B. Removing Government Officials

1. The Senate may remove any government official through a vote requiring a supermajority to pass, subject to a quorum of 50%
2. The Senate may additionally bar the consecutive reappointment of the head of any Ministry after removal from office, through a vote requiring a supermajority to pass.

IV - First Minister Elections

A. Procedure for Calling an Election

1. Every third month of the First Minister's term, the Senate shall review the First Minister's performance.
2. Following review, the Senate shall vote to decide whether or not to hold elections, requiring a simple majority to pass.
3. The Senate may vote to decide whether or not to hold elections at any other time should a motion calling for elections receive an appropriate second.

B - Procedure for Elections

1. Nominations and elections will be held in accordance with the rules outlined in the Charter of the Senate with the following exceptions:
i. Senators may not nominate or second themselves.
ii. Seconded nominees who accept their candidacy prior to the close of the nomination period shall have one week to campaign prior to voting.
2. To declare victory in the delegate elections, a simple majority is required; if no majority is attained, a run-off election between the two most voted candidates shall commence.
3. Requirements for candidacy:
i. Membership in the Senate of The WestNORTH Pacific
ii. Population of at least 1 billion
iii. Minimum time of participation on the boards of sixteen weeks with an average 1 post per day
iv. 2 months of service as a Minister/Speaker/Justice or 4 months of service as a Senator.
v. Council membership, ministerial and judicial positions under the second constitution shall count toward the requirements above.
vi. The sitting First Minister will be a candidate unless s/he states his/her intent not to serve.
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Grosseschnauzer:
Vague comments do not help me identify what might be consolidated ot moved into statute law, and out of the fundamental law. The fact that thw two other proposals are "short" does not hide the fact that both of them are highly flawed proposals that would not serve the region well over time.
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Were you addressing me, the others, or everyone? I did not say the other two proposals were short -they are not. By the way, "they are highly flawed proposals that would not serve the region well over time" is not a fact. It is an opinion.

This one retains the useful device of having a Prime Minister as head of government, and is not a delegate-centric system that is open to repeating the disasters that occured from the time of Great Bight to Pixiedance.
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If a delegate wants to take power they will do it, and nothing will stop them. The idea that Dalimbar was a usurper for the good of the region and a logical result of "shutting the delegate out" is bollocks: he wanted to be a usurper and so he became one when his influence was high enough. You'll recall you and I were in agreement on that point then. Why do we disagree now? The situation is still the same: if a delegate wants power they will take it, regardless of whatever the government of the day is.

It also avoids the anti-democratic device of having only appointed Ministers in the Cabinet, It would serve no useful balance to have an appointed Cabinet, and the fact that the major executive officials are elected is a fair counterbalance in the executive branch, especially where the Cabinet collectively will exercise some responsibilities in the Constitution.
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I see your assertions but I'm wondering if you have much to back them up. Why wouldn't it "serve no useful balance to have an appointed Cabinet"? In my experience the greatest balance we've seen from the omni-elected Cabinet is nothing ever gets done so there's never much occasion for someone to rock the boat.

That seems to be what the Constitution as we have it now was intended for. I can't fault it then.

It also retain the devices that have been in place to address the rogue delegate problem -- and which worked as it was designed to work in the Dalimbar affair.
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No they didn't. Legislation didn't save our asses. Our army didn't overtake him; constitutional recall procedures didn't win the day. Any society that earnestly believes that words on paper will see them through the day will become extinct. You and your efforts did more to impede and sabotage my Ministry's efforts to save this region than you may believe they helped. It was only through a plethora of nuanced variables and the cool and rational heads of human beings that not only won the region back but did it as quickly and bloodlessly as it did.
 
How's about this one?

"Control of the regional government shall be vested in a Regional Assembly. The RA shall pass laws, establish positions, and do whatever the hell it wants with a majority vote. ABSTAINS DON'T COUNT, BISHES."

I like it and I think it would work.
 
It also retain the devices that have been in place to address the rogue delegate problem -- and which worked as it was designed to work in the Dalimbar affair. Neither M.O. nor Romaan's proposals even address this, and in my opinion, are major flaws in both proposals.
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Tell me, Grosse. What do you think was the greater contributing factor to Dalimbar's resignation:

A) the threat of legal action and the loss of de jure legitimacy, or
B) depleted influence levels?

Personally, I think that all our former Delegates silently contributed far more towards the Daligacy's resolution than any of our words, political posturing, and foreign efforts.

If you truly want checks on in-game Delegate power, you're going to have to look towards in-game mechanics.
 
M.O. I don't give a frak. I have resigned from the government.

When your collective, delegate-centric solutions blow up, which they inevitably will, I hope I'm still around to say, "I told you so." More likely, we'll wake up one morning and find that The North Pacific has become a satellite of the NPO, because that is where a delegate-centric system will leave things.

Just to make sure y'all get it, I have resigned. I exercise no duties other than as an administrator of these forum. My only "office" is as chapter master here for the Order of Gryphons, and that is non-governmental. Get it?
 
Nice to see you've shown your true colours Grosseschnauzer.

People disagree with you. So what? People are allowed to hold different views you know. This is a democracy, not a Grosse-knows-best-cracy; people are perfectly entitled to hold alternate opinions to you and even more, guess what, your opinion just might be wrong anyway.
 
When members of the current and previous administration tell someone in so many words to "frak off" and do everything possible to preclude points of view other than the one they are pushing, and insist on following a course of reform that in all honest I believe is doomed to failure, then the only political responsible course is to resign. I don't need the lack of respect which I have been shown.

I don't agree with the way y'all are choosing to handle "reform" and I happen to believe that there is another and better way to go about it. But I do not have the energy to spend 24/7 rebutting people over it. It's not in my best medical interests to do so. So I resign because in good conscience that is the only honorable course I can take. E.O.D.
 
Grosseschnauzer:
When members of the current and previous administration tell someone in so many words to "frak off" and do everything possible to preclude points of view other than the one they are pushing, and insist on following a course of reform that in all honest I believe is doomed to failure then the only political responsible course is to resign. I don't need the lack of respect which I have been shown.

I don't agree with the way y'all are choosing to handle "reform" and I happen to believe that there is another and better way to go about it. But I do not have the energy to spend 24/7 rebutting people over it. It's not in my best medical interests to do so. So I resign because in good conscience that is the only honorable course I can take. E.O.D.
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All I see is 'I' 'I' 'I' for you, but no 'Aye' 'Aye' 'Aye' for the region. You mention only YOUR ideas and how YOU are right and what YOU think the region needs. Reform is not a one way street.
 
So you would prefer that I sacrifice my physical well-being just to remain in an environment of disrespect and hostility?

You've got a lot to learn, then, because the first principle is to protect one's personal well-being. The lask of respect and the dismissive nature that my expereince, opinions and views have been given is more than enough reason to step away, perhaps for good, perhaps not. But too many people are determine to head down a precipice of disaster, and I'm not willing to be part of that trainwreck.
 
I have suggested nothing of the sort. I spoke of only your refusal to see the merits of your colleagues' proposals. The constitution is not a Berlin to entrap the delegate because it only plays upon his conscience, not reality as several believe. Jump off of the ship then! Take a life jacket with you for you'll need all you can muster.
 
N.K., you are refusing to acknowledge or accept the fact that in my opinion, those proposals are flawed and doomed to failure if implemented.

And most of their adherents, have in the past two month, all but told me to get lost and disappear, and that anything I suggest or propose is without value or worth or respect. Under those circumstances, there is no reason for me to stay. If others actually disagree with their proposals, then such persons will have to step up and fight the battle; I cannot do it alone. Resignation in my mind is the honorable and responsible course because I believe that the region is being taken down a utterly doomed path.

Unlike certain officials in the last administration who should have resigned when they chose to disavow the system that put them into office in the first place. They lacked integrity by that failure. I won't make that mistake - so I resigned. Simple as that.
 
Grosseschnauzer:
N.K., you are refusing to acknowledge or accept the fact that in my opinion, those proposals are flawed and doomed to failure if implemented.

And most of their adherents, have in the past two month, all but told me to get lost and disappear, and that anything I suggest or propose is without value or worth or respect. Under those circumstances, there is no reason for me to stay. If others actually disagree with their proposals, then such persons will have to step up and fight the battle; I cannot do it alone. Resignation in my mind is the honorable and responsible course because I believe that the region is being taken down a utterly doomed path.

Unlike certain officials in the last administration who should have resigned when they chose to disavow the system that put them into office in the first place. They lacked integrity by that failure. I won't make that mistake - so I resigned. Simple as that.
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And you refuse to acknowledge that there are other paths than your version of Sunset Boulevard; stuck in a decadent past blaming the world around you for the madness in your own head.

Perhaps you would receive respect if you didn't shoot down every change like a clay pigeon.
 
Do you want us to put you in the microwave? Because you are acting like a big baby.

Succulent though you may be, you are essentially quitting because not everybody agrees with you 100% Super Big Time. Respect is one thing, sure, but there's a catch to demanding it from people. You were a Prime Minister, yes. So was I. So was Poltsamaa. Your 'civil demeanor' toward your colleague is about as warm as a punch to the face. You know what? Being a Prime Minister sucks; something Haor Chall will learn. All the Can-Do gumption at the beginning of one's term gets roadblocked real quick; ministers you count essential to your progressive new agenda either don't cooperate or completely disappear without a trace while you wait two months before you can replace him. Unforeseen crises pop up that you have to deal with but you can't really deal with as you'd like to because you have to take everyone else's opinions into consideration and even if you're Right they still outvote you. People yell at you a lot and accuse you of trying to disguise incompetence with secrecy. Sometimes you avoid logging in because you'd rather have a nice day for a change.

That's part of the gig. You still have to show up. Who will herd the cats in your absence? Who's going to wear that shiny sash? TNP is especially notorious for the crummy treatment its officials get. Part of the gig. Not many people grok the experience except the handful who have been there. You, Kirby, Polts, to name a few, have. What's so special about me? Nothing; I'm just a regular shmendrick who has to argue the sky is azure not topaz the same as you and everyone else now. It's a bummer, Grosse, don't I know it. Although I'm pretty damn sure a regular citizen or any minister has more power in this place than the Prime Minister, it sure was a pretty sash.

You resigned. I can see your reasons, if things are headed bad don't have yourself be a tacit part in that resign in protest and maybe people will notice. It's a respectable enough thing. But know that you're getting backfire because others may see this as if the Titanic's on the way to the iceberg it's just not polite to resign from the guardhouse full histrionics everyone's being mean to you. You disagree, and as I just said I see your reasons for resigning, but don't be so hurt when people knock you for how you're handling it.

Or maybe I'm just talking sh!te on you. You seem to hate that sort of thing. Bummer that. Sometimes people aren't attacking. What's this "physical well-being" talk? Are you a precious snowflake? You are not a beautiful or unique snowflake.

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In The North Pacific you are either a punching bag or teddy bear. Sometimes both because we're weird like that and I'll be damned if I ever figure it out, but nothing else.


I don't agree with much of the other proposals made in this thread. But reform proposals, that's taken a backseat now hasn't it, eh? Let's all try to get back to what we were at before. You know, with all the pedanticry and yelling and stuff, but before the gentlemanliness. There are many points raised in this thread that ought to be addressed or still need to be addressed more. MO made a good post, where she winds up at the end with "f you truly want checks on in-game Delegate power, you're going to have to look towards in-game mechanics."

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Saps McGee™ Brand tissues and the undivided attention of Mr. Bobo for those who need. Everybody take a nap and/or a snuggle with the bear and get back on focus.
 
I've already said all I'm going to say on the matter.

Perspectives differ. Doesn't mean that my reasons are not valid and appropriate for me. I don't speak for anyone else.

(And for the record, yes, the strict provision on forum moves was my idea, as was the Declaration of Rights and the Security Council. All three of which were intended to deal with the harm caused by rogue delegates in the past, and capable of repetition over and over again.)
 
OK, hit the reset button and let's look at this whole matter again.

If reform is the current course, then we need to arrive at some kind of practical, logical concensus as to what needs to be done and what we really want to be done in terms of reform.

At issue here seems to be the pros and cons of a 'Delegate-centric' system for the exercise of power. As a feeder region, we seem to have more than our fair share of rogue delegates and that indicates something fairly wrong, not with the structure of our government but rather with the fact that we are a nice set of blokes whose only occasonal real mistake is that we tend to put too much trust in those we choose to become delegate. Essentially, it is a matter of who is and who is not easily tempted by the desire to accumulate power and then use it purely to maintain power and control - and that's an unavoidable part of human nature. Even the best intention by a delegate may go awry and end up a total disaster.

I personally would like to see a greater executive job description for a delegate as opposed to that delegate being just a 'place holder'. That doesn't mean that I think that the delegate should be able to act beyond the contitutional constraints of the job. Our trust in the individual whome we choose to be delegate will always, from time to time, inevitably result in the occasional rogue that must be dispensed with. But that's the nature of the beast.

All in all, we have a fairly small bureacracy for such a large region but that bureacracy could be trimmed a bit, stucturally speaking, so that we don't end up with all chiefs and no indians. If change is needed, gradual and incremental change is always better than radical and wholesale change, excepting immediate or impending crisis.

Point being, we always seem to survive and end up with a stable and democratic government that is essentially a republic whether or not we call it that.
 
Sheeesh, all the paper work makes most of you quite...bitchy.

To me it seems that you all, in a first reflex, bash on Grosse rather than to put forward own ideas. (I'm too lazy to do so now.)
I believe Grosse does do a lot for TNP and merits a bit respect, too.
Resigning from all official positions isn't nice either, by the way.

In my opinion, our bureaucracy is rather large seeing just how awesomely many nations are seriously active or interested in NS at all. Not more than 30 out of 3,700.

Boohbye, I wish you a pleasant day.
 
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