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.
Actually put the Bill of Rights in here instead of another document
Section 2: Amendment Procedure
1. The Constitution
and Bill of Rights may only be changed via constitutional amendment in the form of 75% Assembly approval in a vote lasting seven days.
2. Proposals for constitutional amendment are immune to veto.
3. All amendments require a quorum of
either 15 members or 30% of the RA
, whichever is higher.
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 has 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
s 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, CLO members, and the Delegate and Vice Delegate shall each be elected to
4 3-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..
8. Election of the Speaker of the Assembly,
and CLO
, and Judiciary officials shall require a plurality vote of the Assembly,
9. Election of the Delegate and Vice Delegate shall require a majority of the votes cast by the Assembly.
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.
If we remove the judiciary then this will need to be removed as it would leave this section open to complete failure. Besides the RA can come up with a way of calling an official inactive and remove them.
Section 4. Official off-site regional forums
1. The official regional off-site forum shall be
http://z13.invisionfree.invalid/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.
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.
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 supermajority of the Regional Assembly.
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 supermajority vote.
5. The Assembly is granted the power to legislate rules and institutions necessary and proper to carry out the mandates of this Constitution.
6. All bills require a quorum of
either 15 members or 30% of the RA,
whichever is higher.
7. The RA will hear and decide on cases brought before it by the Attorney General and decide on proper punishments.
The courts do almost nothing and making this change gives the RA more to do. The role of the courts to decide on the legality of matters can be left to the AG if the courts are taken out.
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 do not attain at least 60% supermajority in favor.
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: Council of Legal Oversight
Section 1: Membership and Powers
1. The Council of Legal Oversight (CLO) is to be comprised of the Speaker of the Assembly and three specially-elected members of the Assembly.
2. The CLO is to be given access and speaking privileges within the private Cabinet areas but are not allowed to take part in votes of the Cabinet.
3. The CLO may, with the approval of at least three of the four members, place an emergency temporary halt on any specific action undertaken by the Executive branch.
4. The CLO may vote to immediately bring any piece of legislation to an emergency vote before the Assembly.
Article V: 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 responsbility 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.
Article VI: 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 a two-thirds supermajority 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 supermajority 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 supermajority 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.
3. From time to time, the Council may, by majority vote, recommend an order of succession to the Delegacy beyond the Vice Delegate among members of the Security Council who are members of the Assembly. The order of succession shall be determined first, by length of current service on the Council, and if necessary, then by influence level, and then by endorsement level of Council members who have equal levels of service and then, of equal influence level. The Assembly shall immediately vote on the adoption of such recommendation by a majority vote.
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 supermajority vote of the Assembly.
Article VII: 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 RA 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.
I would like to see the delegate gain a bit more freedom in being able to eject nations who are not involved in the region, i.e. adspammers and nations who are clearly recruiting puppets and provide no benefit to the region. I would also like to see things changed more along the lines of recommending the delegate ban somone instead of using wording such as required.
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 RA who shall have the power to overturn the Delegate's ruling and order the unbanning of the nation.