The Constitution of The North Pacific

Discussion in 'Legal Documents' started by Grosseschnauzer, Dec 18, 2007.

  1. Grosseschnauzer

    Grosseschnauzer TNPer

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    Constitution of The North Pacific

    Preamble

    We, the people of The North Pacific, recognizing the shortcomings of the previous constitution and united in our loyalty and efforts, hereby undertake to correct any failings by entering into this new Constitution. Out of strife and division, we look to this new document to guide our region into long-lasting peace and prosperity. It is our hope that this Constitution will make The North Pacific a more vibrant region and create a better gameplay environment for all.

    Article I: Stipulations

    Section 1: Bill of Rights

    1. All Nations and/or Players are afforded a list of rights to be detailed in "The Bill of Rights" enacted concurrently with this Constitution.

    Section 2: Amendment Procedure

    1. The Constitution and Bill of Rights may only be changed via constitutional amendment with the approval of two thirds of votes cast in the Assembly in a vote lasting seven days.
    2. An approved constitutional amendment is not subject to Delegate veto.

    Section 3: Miscellany

    1. The Legal Code shall consist of Laws passed by the Regional Assembly and carried over by agreement from previous governing documents.
    2. The Constitution and Bill of Rights shall share full, constitutional authority with all the rights and privileges that come with that authority. The Legal Code is second only to the previous in legal force. In case of conflict in wording, the Constitution and the Bill of Rights take precedence. Any and all other regulations and guidelines are lower in authority than the Legal Code unless otherwise specified.
    3. All Government bodies are allowed to create rules for its own governance.
    4. The Speaker of the Assembly, and the Delegate and Vice Delegate shall each be elected to 4-month terms.
    5. The members of the Judiciary (including the Chief Justice) shall each be elected to 6-month terms.
    6. All elections shall be held on the region's official off-site forum.
    7. Candidates for these elected officials must be members of the Assembly for 30 days before nominations begin. These elected officials, and all other judicial or executive officers, must maintain membership in the Assembly throughout their tenure in office. No Player may hold more than one elected office at any time. Except as provided by law, no Player may simultaneously serve as a judicial officer, a legislative officer, or an executive officer.
    8. Election of the Speaker of the Assembly and Judiciary officials shall require a plurality of the votes cast by the participating members of the Assembly. A quorum is not required.
    9. Election of the Delegate and Vice Delegate shall require a majority of the votes cast by the participating members of the Assembly. A quorum is not required.
    10. If any elected official should fail to check into their account for two weeks without prior notice, the dual consent of either the Speaker, the Delegate, or the Chief Justice will commence the special election of a replacement. This replacement will fulfill the remainder of the term.

    Section 4: Official off-site regional forums

    1. The official regional off-site forum shall be http://s13.zetaboards.com/TNP/.

    Article II: Legislative Branch

    Section 1: Registration and Membership

    1. The Assembly is tasked with creating and maintaining a uniform procedure for membership in and removal from the Assembly.
    2. Holding other office in the Government does not eliminate Assembly-members from the rights and obligations of Assembly-members.

    Section 2: Speaker of the Assembly

    1. The Assembly is led by the Speaker, whose task it is to lay out a uniform set of guidelines by which proposed legislation and other actions may be considered and voted upon.
    2. The Speaker decides the order in which bills will be voted upon and is responsible for opening and closing each vote.
    3. The Speaker is to be given access and speaking privileges within the private Cabinet areas but is not allowed to take part in votes of the Cabinet.

    Section 3: Legislative Action

    1. The Assembly is authorized to create, maintain, and amend as needed the North Pacific's legal documents and institutions, which shall serve as a body of laws binding upon the region, the forums, and its Nations and/or Players by simple majority vote.
    2. The Assembly may subpoena members of the Government to give sworn testimony before the Assembly.
    3. The Assembly may remove any holder of any elected or appointed office or position by a motion of recall approved by a two-thirds majority vote.
    4. Any agreement or treaty signed with a foreign region or organization must be introduced to the Assembly by the Delegate or his/her Cabinet designee. The Assembly must approve the agreement or treaty by a three-fifths majority vote.
    5. The Assembly is granted the power to legislate rules and institutions necessary and proper to carry out the mandates of this Constitution.

    Section 4: Non-Legislative Action

    1. Whenever a new member shall be admitted to the Security Council, or a current member removed, the Regional Assembly will adopt an order of succession to the Delegacy beyond the Vice Delegate among members of the Security Council who are members of the Assembly. Such an order of succession must be adopted by a majority of votes cast by the participating members of the Assembly, with the participation of a quorum.
    2. The Regional Assembly may remove an Executive Officer by a majority of votes cast by the participating members of the Assembly, with the participation of a quorum.
    3. Executive Officer positions may be created in the Legal Code which may be filled by a simple majority vote of the Assembly when permitted by law.

    Section 5: Regional Assembly Voting

    1. A quorum is the minimum number of members of the Assembly required to participate through voting on all matters except elections and procedural motions. A quorum is defined as thirty per cent of the membership of the Assembly as it stands at the time a vote is taken in the Assembly.
    2. Abstentions are used to signify a member's participation in a vote, but shall not be included in determining any election or any other matter voted upon by the Regional Assembly other than to determine the participation of a quorum.
    3. A simple majority vote is a vote in which a majority of those voting for or against a measure vote for it.
    4. A fractional majority vote is a vote in which at least that fraction of those voting for or against a measure vote for it. Fractions which may be invoked include two-thirds, three-fifths, and three-fourths.
    5. Except as otherwise adopted by the Assembly as a Law or Procedure, voting in all matters shall last for seven days.


    Article III: Executive Branch

    The authority to formulate and guide regional policy, command the armies, diplomats and intelligence agents in the service of TNP is vested in the Executive Branch. The Executive shall consist of the the Delegate and the Cabinet.

    Section 1: Delegate and Vice Delegate

    1. The Delegate shall serve as TNP WA Delegate and as Head of State.
    2. The Delegate is authorized to style his own title.
    3. The Delegate is responsible to ensure the good governance of the Executive Branch of TNP and may appoint and remove at will executive officers from the Assembly to serve at his pleasure. Executive officers must maintain membership in the Assembly.
    4. The Delegate is responsible for the legal management and update of the Regional World Factbook Entry.
    5. The Delegate is responsible for the security of the region, and is charged with the use of regional controls to eject and ban nations from the region in accordance with the laws of TNP.
    6. The Delegate may veto bills passed through the Assembly that have not been approved by a three-fifths majority vote.
    7. Each Player may, at most, only serve two terms as Delegate consecutively.
    8. In any instance where the Delegate is absent, incapacitated, unwilling or unable to carry out his duties the Vice Delegate shall exercise the powers of the Delegate.
    9. The duty of the Vice Delegate is to have the second highest endorsement count. The Delegate shall exercise discretion in banning nations whose endorsement count exceeds that of the Vice-Delegate.

    Article IV: Judicial Branch

    The Judicial Branch is invested with the powers and obligation to investigate the constitutionality of Government policies, actions, and laws. It is also tasked to provide an impartial platform by which suspects of crimes against the region or against others are tried.

    Section 1: Membership and Responsibilities

    1. The Chief Justice is responsible for organizing the proper distribution of cases to maintain timeliness and impartiality.
    2. The presiding justice shall serve as arbiter of rule disputes, maintain courtroom decorum, and consider all requests of the Court with the intent of pursuing truth impartially.
    3. No sitting justice shall fire a request for judicial review.

    Section 2: Court Powers

    1. The Judiciary is vested with the responsibility to oversee all trial proceedings.
    2. All matters of judicial review to examine the constitutionality of Government policies, actions, and laws are to be brought before the full three-member Judiciary.
    3. The official opinions crafted as a result of judicial review are to be binding upon all agents, officers, agencies, and Government bodies of TNP. If a policy, action, or law is deemed unconstitutional, any evidence collected via these unconstitutional means is inadmissible in the Assembly or in any TNP court of law.
    4. At the request of either (a) any four members of the Regional Assembly who do not currently hold the elected offices of Vice Delegate or as a Justice of the Court, or (b) of the Speaker, or an Assembly member then acting as the presiding officer of the Assembly in the absence of the Speaker, a presiding judicial officer may issue an emergency order enjoining an actual or intended Executive action pending prompt further proceedings before the Court. A majority of the three-member panel of the Court may thereafter temporarily enjoin an actual or intended Executive action pending final disposition of the matter either by the Court, or otherwise by an expedited vote of the Regional Assembly within parameters proposed in the request by the Speaker or members of the Regional Assembly as set by a Court order under such terms as deemed appropriate under Clause 11 of the Bill of Rights.

    Article V: Security Council

    Section 1: Membership
    1. The Security Council (Council) shall be composed of trusted Assembly members of The North Pacific meeting Influence and Endorsement Count requirements set by law.
    2. The Vice Delegate shall serve as Chair of the Council.
    3. Assembly members may apply to join the Council if they meet the minimum Influence and endorsement levels prescribed by law. Other trusted members of The North Pacific who meet the minimum influence and endorsement levels prescribed by law may also apply to join the Council if the Regional Assembly grants an exemption to the Regional Assembly membership requirement by two-thirds majority vote.
    4. The Council shall admit by majority vote those applicants who the Council determines are not a Security Risk to the North Pacific.
    5. If the Council denies, or declines to act on an applicant within 30 days, the Assembly may require the Council to admit such applicant by a two-thirds majority vote.
    6. The Assembly may terminate an exemption of a particular Council member from Regional Assembly membership for a stated reason by a two-thirds majority vote.

    Section 2: Powers

    1. The Council shall enforce any approved motion of the Assembly to recall the Delegate.
    2. The Vice Delegate as President of the Council shall keep record of members of the Council and remove members if empowered to do so by law.

    Section 3: Responsibilities

    1. Members of the Council shall be responsible for maintaining an endorsement level and influence level consistent with laws concerning endorsement and influence levels.
    2. The Council shall submit to the Assembly a proposal to update endorsement level and influence level laws on a regular basis, when required by law.
    3. Each member of the Council shall execute an oath of office.
    4. Members of the Council are required to remain members of the Assembly unless granted an exemption under Section 1 of this Article.
    5. The Council may advise the Delegate and the Speaker of the Assembly concerning existing or potential security threats to the Region.
    6. Any removal by the Vice Delegate may be overturned by a two-thirds majority vote of the Assembly.

    Article VI: Ejection and Banning

    Section 1: Use of Ejection and/or Banning

    1. Ejection and/or banning from the region The North Pacific may be prescribed as a punishment for violations of regional laws. Violation of forum Terms Of Service and moderation policies remain the responsibility of forum administration.
    2. The Delegate is permitted to eject and/or ban violators of NationStates rules without prior or further consultation from the Government.
    3. The Delegate is required to eject and/or ban Nations and/or Players that have been sentenced in the Courts to be ejected or banned from the region for breaking regional laws.
    4. The Delegate is to inform the region and the Government of all ejections or bannings carried out in a timely manner.
    5. The Delegate, in carrying out these duties, must maintain an adequate level of regional influence.

    Section 2: Legal Recourse

    1. In the case where a Nation feels that their banning or ejection was unwarranted, they may appeal their case to the full three-person Court that shall have the power to overturn the Delegate's ruling and order the unbanning of the nation.

    -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-
    Passed The North Pacific Regional Assembly
    November 20, 2007

    Ratified by The North Pacific Cabinet
    December 2 ,2007

    As Amended by the Regional Assembly 1 March 2008, 16 May 2008, 28 June 2008, 9 November 2008, 26 November 2008, 3 December 2008, 19 December 2008, 30 December 2008, 10 February 2009, 25 February 2009, 28 April 2009, 27 October 2010, 7 December 2010, 7 February 2011, 12 April 2012, 30 May 2012. 16 June 2012 [URL updated 27 July 2010 to reflect forum migration to new software platform.]