- Pronouns
- he/him/his
- TNP Nation
- Zemnaya Svoboda
- Discord
- Eluvatar#8517
To pick up where the previous topic left off...
Grimalkin and I came up with draft language, and I would like to move forward with it. (I was reminded of this project after running into some oddities in the current legal code.)
This is not yet a formal bill, but below is draft legal language for a revised Chapter 7:
There are several changes:
1. A new definitions section for clarity.
2. Regulation of Regional Officers in line with the earlier discussion.
3. Regulation of ejection and banning brought in line with the above, and regulation of the RMB expanded in line with the earlier discussion.
4. Reformatting of several areas with lists to use letter-numbered sub-clauses.
5. Changing "before" to "after" in "If the original Attorney General, and their deputies, are unable to see to completion a pending case after the end of their term, the successor Attorney General will take over the managing of the prosecution." so as not to contradict "It is the duty of the Attorney General, and their deputies, to see to completion any case the management of which they have undertaken." (NB: This was not part of the draft Grimalkin and I worked on, but added in today immediately prior to posting).
6. Rewriting of the FoIA for added clarity and adding a requirement that private records which do not need to remain secret must be released once a year old. (Similar to the Court Rules on publication of old private deliberations).
7. An additional mandatory ministry for regional activity. (I'm unsure of this change).
8. Elimination of elections to mandatory ministries if they remain vacant for over a week. (I'm very unsure of this change).
9. Elimination of the section regarding WA voting which has no effect.
Comments, concerns, questions, criticisms, praise?
Grimalkin and I came up with draft language, and I would like to move forward with it. (I was reminded of this project after running into some oddities in the current legal code.)
This is not yet a formal bill, but below is draft legal language for a revised Chapter 7:
Chapter 7: Executive Government:Chapter 7: Executive Government
1. Any Law regulating the executive government officials of The North Pacific may be listed in this chapter.
Section 7.1: Definitions
2. Executive Officers are government officials appointed by the Delegate to assist in the execution of their duties.
3. The Serving Delegate is the person holding the constitutionally-mandated elected office of the Delegate or, in the case of a vacancy in that office, the person that has assumed the duties of that office.
4. The WA Delegate is the nation holding the WA Delegacy of the region The North Pacific.
Section 7.2: Regional Officers
5. Regional Officers may only be appointed and granted powers as explicitly allowed under this section.
6. The Serving Delegate may assign any Regional Power, with the exception of Border Control, to any Executive Officer.
7. The Serving Delegate may assign Border Control powers to any of the three members of the Security Council earliest in the Order of Succession.
8. In the event of a Delegate Emergency or with the permission of a majority vote of the Regional Assembly, the Delegate may assign Border Control powers to any members of the Security Council.
9. The WA Delegate will promptly grant all Regional Powers to the Serving Delegate and assigned powers to the respective Executive Officers or Security Council members.
Section 7.3: Onsite Authority
10. Violators of NationStates rules may be subject to summary ejection or banning.
11. Nations recruiting for other regions may be subject to summary ejection or banning.
12. Nations for which the Court has issued an indictment permitting it may be ejected or banned.
13. Nations that have been so sentenced by the Court will be ejected or banned.
14. The official performing an ejection or ban will promptly inform the region and Government.
15. The Serving Delegate may regulate the Regional Message Board as they see fit.
16. Such regulations may not prohibit speech which is in the context of TNP politics.
17. All actions of the WA Delegate, the Serving Delegate, or of their appointed Regional Officers related to this section will be subject to judicial review.
Section 7.4: The Attorney General
18. Any deputy appointed by the Attorney General may not serve concurrently as either a Justice or a Temporary Hearing Officer.
19. The Attorney General will have standing in all cases of judicial review brought before the Court.
20. Any person ("the complainant") may submit a criminal complaint to the office of the Attorney General, requesting that a criminal case be brought before the Court.
21. The Attorney General may, at their discretion, manage the prosecution of any criminal case requested.
22. Any relevant person who is a defendant, the defense attorney, or a witness in a criminal case will be unavailable to manage the prosecution of the case.
23. In the event that the Attorney General is unavailable, the Serving Delegate will appoint an existing and available deputy Attorney General. The appointed deputy Attorney General may, at their discretion, manage the prosecution of the case.
24. Failing the existence of an available deputy Attorney General, the first available person from the following list may act as such a deputy Attorney General for the duration of the case:25. It is the duty of the Attorney General, and their deputies, to see to completion any case the management of which they have undertaken.
- The Serving Delegate
- The Serving Vice Delegate
- Any resident (consensually) chosen by the complainant.
26. If the original Attorney General, and their deputies, are unable to see to completion a pending case after the end of their term, the successor Attorney General will take over the managing of the prosecution.
27. If the Attorney General, and their deputies, decline to manage the prosecution of a requested criminal case, then the complainant may, at their discretion, manage themselves the prosecution of the criminal case. Otherwise, they may withdraw the complaint.
28. If the complainant has not stated their intent to either manage the prosecution of the case or withdraw the complaint within 30 days of the Attorney General and their deputies declining the case, the complaint will be considered withdrawn.
29. For the purposes of this section, "managing the prosecution of a case" includes but is not limited to:
- submitting an indictment to the Court for the relevant charges;
- arguing on the acceptance or rejection of the indictment;
- acting as the prosecutor for the duration of all stages of the criminal trial heard for the case;
- representing the prosecution in any separate judicial review hearings arising from the criminal trial;
- and appointing, directing, and removing an attorney to act in the above capacity in their place.
Section 7.5: Freedom of Information Act
30. For the purposes of this section “the government” refers to the Delegate and the Executive Officers, including the departments which they oversee.
31. For the purposes of this section, classified information is that which fits any of the below definitions:32. Notwithstanding any process for publication, any information which meets the criteria to be classified will not be released.
- Real life information about any NationStates player from which there is a risk of inferring that player's real life identity and which has not willingly been disclosed to the public, including, but not limited to, an individual's name, IP address, physical address or location, phone number, place of employment or education, appearance, social media accounts, and other knowledge about a player, unless the player in question provides explicit consent for this information not to be considered private.
- Real life information about any NationStates player for which there exists a reasonable real life expectation of privacy or discretion, including, but not limited to, health status, both mental and physical; financial status; personal tragedies; changes in personal status such as marriage, divorce, pregnancy, birth, or death; and other similar information, unless the player in question provides explicit consent for this information not to be considered private.
- Information that, upon being made public, would jeopardize any ongoing military or intelligence operations; or jeopardize the security of units and agents participating in them, or be harmful to the diplomatic interests, military interests, or security of The North Pacific.
33. Private government records which reach one year of age will be relocated to the appropriate Declassified Archive visible to residents.
34. At any time a resident may request the release of any private record from the Government through the Delegate and the designated officers of the Executive.
35. The Delegate and the designated officers of the Executive will retrieve information requested from the different departments of the government.
36. Residents who do not receive this information for any reason not specifically designated in appropriate laws or regulations may file a request for the information to the court, where the Delegate and the designated officers of the Executive may present evidence that addresses any claim that release of the information meets one or more of the acceptable acceptable criteria for classification.
37. Information appropriately not disclosed will be accepted as classified by a majority vote of the Court sitting as a three-member panel.
Section 7.6: Mandatory Ministries
38. There will be an Executive Officer charged with the North Pacific's foreign affairs. They will ensure the continued operation of any embassies of the North Pacific and will report on events in the region.
39. There will be an Executive Officer charged with military affairs. They will carry out such legal missions as are authorized by the Delegate, expressly or categorically.
40. There will be at least one Executive Officer charged with focusing primarily on matters of internal interest to The North Pacific.
There are several changes:
1. A new definitions section for clarity.
2. Regulation of Regional Officers in line with the earlier discussion.
3. Regulation of ejection and banning brought in line with the above, and regulation of the RMB expanded in line with the earlier discussion.
4. Reformatting of several areas with lists to use letter-numbered sub-clauses.
5. Changing "before" to "after" in "If the original Attorney General, and their deputies, are unable to see to completion a pending case after the end of their term, the successor Attorney General will take over the managing of the prosecution." so as not to contradict "It is the duty of the Attorney General, and their deputies, to see to completion any case the management of which they have undertaken." (NB: This was not part of the draft Grimalkin and I worked on, but added in today immediately prior to posting).
6. Rewriting of the FoIA for added clarity and adding a requirement that private records which do not need to remain secret must be released once a year old. (Similar to the Court Rules on publication of old private deliberations).
7. An additional mandatory ministry for regional activity. (I'm unsure of this change).
8. Elimination of elections to mandatory ministries if they remain vacant for over a week. (I'm very unsure of this change).
9. Elimination of the section regarding WA voting which has no effect.
Comments, concerns, questions, criticisms, praise?