Post by Asairia on Feb 15, 2019 20:45:11 GMT
VALLORIA'S CONSTITUTION
This Document and all Articles herein are to be considered the Supreme Law of this Region by the Authority of the Founder and of the People of the Versutian Federation by whom it has been signed.
ARTICLE I: The Legislative
Section I: Defining the ‘Assembly’
Preface: All identities listed herein are granted to the collective native Member-States of the Versutian Federation, henceforth known as the ‘Assembly’.
§01.01.01: Legislative Positions Act: The collective Assembly contains a single delegation from each member-state. Each of these delegates shall have one vote in this Assembly so that every member state has an equal say. Members of the executive (see §02.02.01) lose this status. A nation residing in the Versutian Federation is officially considered a resident until the rank of member-state is achieved after one (1) week of existence in the region, and has a population of at least (≥) 14 million. Forum account recommended.
Section II: Governance of the ‘Assembly’
Preface: In order to govern the Assembly of the Versutian Federation, basic laws must be enacted to protect the values of democracy present in this body of lawmaking.
Subsection II: Positions in the ‘Assembly’**:
§02.03.03: Member State: A Member State can vote ‘yea’, ‘nay’, or ‘abstain’ on any bill put forth in the Assembly, as well as elections. This vote is counted as one (1) when tallied. A Member State may call to vote a repeal of any law at any time, although the GD may dismiss this motion. A member state can run for any position available in the region during the voting periods. The Assembly may pass a bill giving emergency powers to any Director, but first must pass a bill declaring a State of Emergency. A member state relinquishes their status in the assembly if they leave the region for more than seventy-two (72) hours.
§02.03.04: Resident: A resident of the Versutian Federation may not vote in the regional Assembly, nor in any government elections. However, residents can share their opinions on the official governmental forums, as well as endorse whomever they want.
Section III: Provisions of the ‘Assembly’
Preface: Provisions are required to protect the freedoms of those who reside in the Versutian Federation, as well as their rights and restrictions in the Assembly.
§03.01.01: Objections Act: All region member states are subject to decisions made by the regional Assembly. All regional member states have full rights to submit a request to the Assembly in order to repeal the bill. The GD must then review the proposed repeal and either put it to vote or withhold it from an Assembly vote. Any other Director may choose to override the GD’s decision if petitioned to do so.
§03.01.02: Representation Act: All regional member states are equal, therefore every region member state has an equal say in every Assembly matter. An act of suppression, extortion, blackmail, or any other attempt to silence a regional member state can be reported to the JD, who will then assess its credibility and decide whether or not to sue. If the JD is the accused in this case, the Presiding Director decides.
§03.01.03: Secularism Act: In order to maintain peace and equality, the Versutian Federation will remain secular and subscribe to no particular religion. As such, it is expected that no regional member state will propose a law that conflicts with this policy of secularism, nor will they actively advertise their specific religion during Assembly sessions unless it applies to the debate at hand.
§03.01.04: Reserved Powers Act: Any powers not delegated to the elected officials of the Versutian Federation by this Constitution, nor expressly withheld, are reserved for member states of the Versutian Federation. Legislation may be passed by the Assembly and/or the Board of Directors included in the Charter of the Versutian Federation that may bypass this amendment and dictate powers not mentioned in this Constitution. These powers may be given to specific entities, including but not limited to nations, executive, judicial or legislative bodies, or political groups.
ARTICLE II: The Executive
Section I: Defining the Executive
Preface: All powers enumerated in this article belong to the executive branch and are to only be used by the office-holders of their prescribed positions.
§01.01.01: Executive Positions Act: All positions in the Versutian Federation’s executive branch of government are to be elected once every three months from the first to the fourth of that month, unless otherwise noted below. These positions are governed by the principles of their offices and must swear by the oath of their office. All Directors make up the body hereby known as the Board of Directors. The Board of Directors will serve as the upper house of the legislature and must approve constitutional amendments. The Board also elects the Supreme Justice and the Presiding Director.
§01.01.02: Inadequacy Act: In order to prevent a leader of one of the three branches of government from exceeding the limitations of their authority, the other two branches’ leaders may unite to temporarily form a supreme authority that dismisses the third leader. The dismissed leader may be re-appointed by a majority vote in both the Assembly and the Board of Directors or a supermajority (66% or Higher) in the Assembly.
§01.01.03: The Oath of Offices: I, <NAME>, do hereby solemnly swear to uphold and keep pure the honor of my office through this Constitution. I swear never to violate the code of ethics inherent to my office. I promise to protect the innocent and defend the weak, and do so to the best of the abilities afforded to me by this position. I swear to never break the trust of my constituents, and to be honest with my compatriots. I do this, by the grace of all Versutians, in the name of this region.
Section II: Positions in the Executive
Preface: In order to maintain harmony in the region, protect this document, and prevent disorder, positions of the executive must be created to act on mandates made by the legislative.
Subsection I: Powers of Executive Positions**:
§02.01.01: Presiding Director*: The Presiding Director is the foremost figure in the executive branch of the Versutian Federation. The PD can veto any decision made by the Assembly, although a supermajority (66% or Higher) vote can override the veto. The PD can suspend any of the subordinate Directors, or any official, for up to 72 hours. The Board of Directors then must vote on whether or not to dismiss said suspended official. The PD can also create executive orders. These orders can be repealed by a supermajority in the Assembly. The PD can create sub-directories for any reason that expire when that PD is no longer in office.The PD is elected by the new Board of Directors from the 4th to the 8th of an election month.
§02.01.03: Interior Director*!: The Interior Director is in charge of all the affairs of the region, i.e. the WFE, any Regional Factbooks, Dispatches, and regional elections. They are also in charge of recruitment, and they head the Board of Directors. They also advise the Presiding Director on all state matters. The ID acts as a buffer – preventing those in authority positions from abusing said authority using the executive power granted by the WAD position.
§02.01.04: Military Director*: The Military Director is charged with the oversight of all military operations for the region, both at home and abroad. The MD is charged with defending the borders of the Versutian Federation, as well as petitioning the Assembly to act when other regions need assistance. The MD can muster a force of up to thirty (30) nations at any time for any reason and can hold this muster for seventy-two (72) hours without Assembly intervention.
§02.01.05: Foreign Director*: The Foreign Director is the face of the Versutian Federation’s interregional presence. The FD decides with which regions embassies may be established, as well as how to proceed in extra-regional matters. This office works closely with the MD, and will hand over control of a diplomatic relationship to them if negotiations sour. The FD is also in charge of all ambassador nations, and can appoint (or dismiss) any state from any post in their Directory at will.
§02.01.05: Justice Director*: The Justice Director is a position which acts as the foremost prosecutor (or Attorney General) in all cases wherein the defendant is accused by the state (of crimes that are against the NationStates rules of etiquette). They also act as the defendant when the Versutian Federation is sued by a denizen nation. The JD can suspend any nation from the Assembly indefinitely if that nation is suspected of a crime (crimes being outlined in the Charter of the Versutian Federation), but must rescind the suspension if asked by the PD.
Subsection II: Limits of Executive Positions**:
§02.01.01: Presiding Director*: The Presiding Director is immune to being sued by any one nation in the Versutian Federation, although the PD may be sued by a group of three or more nations. The JD may also sue them. While able to suspend any government official, the PD may not dismiss anyone from the Assembly. The PD renounces their Assembly seat when they take their oath of office. The PD may be removed by a vote of no confidence performed by the Board of Directors.
§02.01.03: Interior Director*!: The Interior Director can be sued by any member-state(s) in the Versutian Federation. While the ID manages all intra-regional matters, they cannot go against the authority of the Assembly or the Board of Directors, the latter is their command. The Board of Directors is the council made up of all Directors.
§02.01.04: Military Director*: The Military Director can be sued by any nation in the Versutian Federation during peacetime. The MD cannot be removed from office during wartime with another region, nor can they be sued. In the case of a hostile takeover of the Versutian Federation, the MD (in the absence of the custodians of the Founder account) may assume command of every available nation as acting Supreme Leader of the Versutian Federation for up to 12 hours.
§02.01.05: Foreign Director*: The Foreign Director can be sued by any one nation in the Versutian Federation during peacetime. Because the FD acts as an emissary to other regions in order to secure help during wartime, the FD cannot be sued while conflict occurs. The FD’s power to appoint and dismiss nations from the Foreign Office may be subject to scrutiny by the Joint Directory, and, in severe cases of abuse, the Assembly.
§02.01.05: Justice Director*: The Justice Director cannot be sued by anyone other than the PD. As the prosecutor, the JD may only bring about veritable evidence, and must perform to the best of their abilities. As the defendant, the JD must follow the same code of ethics. The JD may be asked by any nation to represent that nation in the court of law, but only must do so if that nation is the defendant. The JD may not judge any case.
Section III: Duties of the Executive
Preface: In order to give the executive branch the power it needs to perform the aforementioned duties assigned, specific mandates must be given to ensure maximum efficiency.
Subsection I: Mandates of Executive Power
§03.01.01: Addenda Act: Any and all addenda to this Constitution must be proposed by a member state of the Versutian Federation. Said member state must then submit the addendum to the Governing Director for review. The Governing Director must decide whether the addendum is fit for the Constitution. If so, the GD then edits the addendum for grammatical, semantics, and spelling mistakes. The GD then introduces it to the floor. All member states may vote on a proposed addendum. A 70%+ vote is required for an addendum to pass. Once an addendum is passed in the Assembly, the BoD must then vote. All of the BoD must vote ‘yea’ for ratification to occur.
Subsection II: Provisions of Executive Power
§03.02.01: Freedom Act: No resident or member state of the Versutian Federation will be denied their right to publicly voice concerns with the Assembly or any other governing body/individual, nor will they be censored in any way when voicing a concern pertaining to a government policy. The only exceptions to these rules are during wartime with other regions or when the views expressed violate the NationStates rules of etiquette. The NationStates Game Moderation team may be called in to assist in particularly difficult or sensitive cases where conflicting viewpoints endanger the Versutian Federation’s policy of impartialness.
§03.02.02: Office-holder’s Act: No member-state may hold any more than one executive, judicial, or legislative-governance position at any time, nor assume command of multiple positions at any time. Transitional periods between office-holders moving up or down within the government during elections is five days, giving time for the WFE and other sources of governance information to be updated.
ARTICLE III: The Judiciary
Section I: Defining the Judiciary
Preface: All powers enumerated in this article belong to the judicial branch and are to only be used by the office-holders of their prescribed positions.
§01.01.01: Judicial Positions Act: All positions in the Versutian Federation’s judicial branch of government are to be elected once per three months from the first to the fourth of that month, unless otherwise noted below. All positions listed below can be suspended by a majority vote of the Board of Directors, or expelled by a majority vote of no confidence by the Assembly. These positions are governed by the principles of their offices and must swear by the oath of their office.
§01.01.02: The Oath of Offices: I, <NAME>, do hereby solemnly swear to uphold and keep pure the honor of my office through this Constitution. I swear never to violate the code of ethics inherent to my office. I promise to protect the innocent and defend the weak, and do so to the best of the abilities afforded to me by this office. I swear to never break the trust of my constituents, and to be honest with my compatriots. I do this, by the grace of all Versutians, in the name of this region.
Section II: Positions in the Judiciary
Preface: In order to set about establishing regional justice, order, and harmony, a system of court officials must be created in order to protect the people from each other and the government.
Subsection I: Powers of Judicial Positions**:
§02.01.01: Supreme Justice*: The Supreme Justice is the foremost figure in the judicial branch of the Versutian Federation. The SJ can veto any decision made by the Assembly, although a supermajority (66%+) can override the veto. The SJ can also veto any passed bill. They can also veto an addendum to this Constitution, but this action requires support from both Presiding Justices. The SJ can excuse any person convicted of a crime, but can only exercise this power once per term. The SJ may suspend the constitution for up to 24 hours once per term and take complete executive and legislative authority and control during this period. The Supreme Justice is elected from a trusted pool of individuals voted on by the Board of Directors. They also appoint both Presiding Justices.
§02.01.02: Presiding Justices*: The two Presiding Justices are the foremost justices that administrate all court proceedings. Cases are assigned based on a rotational cycle to the PJs. A Presiding Justice may declare an administrative stay on any bill passed by the Assembly, but require the support of the other PJ to veto it. The Presiding Justice of a specific case decides what sentence to give the defendant if proven guilty, and is responsible for the administration of – and order in – the courtroom.
Subsection II: Limits of Judicial Positions**:
§02.01.01: Supreme Justice*: The Supreme Justice cannot be sued, nor can they be removed from office using any method previously described. The only way that the Supreme Justice can be held accountable for any action is to be removed by a 100% vote of the Board of Directors, a decision that can only result in the permanent ejection and banning of the officeholder.
§02.01.02: Presiding Justices*: The Presiding Justices cannot be sued by any one entity; rather a group of three nations (or the JD) must unite to sue a Presiding Justice. While a Presiding Justice can declare an administrative stay on any Charter (see below for more on the Charter) bill passed by the assembly, the PD or SJ can override this stay. If a bill is vetoed by both PJs, this can only be overridden by the SJ with the PD. If a judicially vetoed law can be proven not to be unconstitutional by the JD, then it will be reinstated.
Section III: Duties of the Judicial
Preface: In order to give the judicial branch the power it needs to perform the aforementioned duties assigned, specific mandates must be given to ensure maximum efficiency.
Subsection I: Mandates of Judicial Power
§03.01.01: Fair Trial Act: All residents (member-states and non-member-states) have the right to a fair trial by judge in the circumstances outlined in previous acts. Cases can be called by any nation against any nation in the Versutian Federation (exemptions exist, see above), and will be prosecuted and defended by the terms set in previous acts. The SJ and PJs can preside over both civil and criminal cases.
Subsection II: Provisions of Judicial Power
§03.02.01: Double Jeopardy Act: No nation on trial for any purpose (civil or criminal) shall be put on trial for the same crime twice (defined as double jeopardy), with the exception of the declaration of a mistrial, which is done by the PJ when corruption/new evidence/tampering of evidence is discovered. (MOVE TO THE BILL OF RIGHTS)
ARTICLE IV: The Regional Charter
Section I: Defining the Charter
Preface: In order to effectively function as a region, and avoid an unnecessarily bloated Constitution, a regional Charter is declared to contain all laws passed by the Assembly.
§01.01.01: Charter Act: The effectiveness of the Assembly would be greatly reduced if the requirements to pass an addendum to the Constitution were forced to be met every time a bill was passed. Thus, in order to maintain regional order and popular sovereignty, a Charter will be created, containing all laws passed by majority rules (≥50%) by the Assembly. These laws will be subject to judicial review as stated above.
§01.01.02: Bills Act: In a similar fashion to the way addenda are passed (see Addenda Act above), Charter bills must be created by a member-state and submitted to the GD for review); it is expected that grammar and spelling are already edited by the author. The Governing Director then submits the bill to the floor and majority rules takes effect (as seen above).
Section II: Bills in the Charter
Preface: In order to outline the procedure for the creation of bills, as well as their inherent value to the region, a system of bill authoring must be created to maintain order.
§01.01.01: Authoring Act: Similar to the system of authorship in the World Assembly, the Versutian Federation’s assembly will vote on bills in the manner stated above. Also similar to the World Assembly, bills will be written with a stated effect, a perceived strength (or influence on daily affairs), and an area it pertains to in governance or politics. It is recommended that authors submit the first draft of their bill in the Assembly forum so that it receives attention, supporters, and recommended edits.
§01.01.02: Contents Act: The contents of the Charter will be, at the beginning, the eponymous table, which will categorize passed bills by their area of effect and date passed. The Charter will be accessible via the link part of the World Factbook Entry of the region. The Charter will also contain a list of the current office-holders of the region, as well as their performed duties, taken [sic] from this document.
** A single nation (and any puppets of that nation) can only serve three (3) consecutive terms in the office, but can serve an unlimited number of non-consecutive terms. Member-states are an exception.
! This position is the World Assembly Delegate.