Post by Somy on Jan 19, 2017 20:40:28 GMT -5
The Free Nations Region Constitution
Preamble
The Free Nations Region is a Parliamentary Democracy and a "Crowned Republic" where we strive to promote freedom, peace, liberty and the pursuit of happiness. The government's goal is to provide peace, freedom and protection to all of its citizens in the Region and in all of its States.
The term "the Region" shall henceforth refer to the region of The Free Nations Region. The term "resident" refers to any nation which resides in the Free Nations Region and/or any of the States, and the term "citizen" refers to the definition as defined in Article 1.
Article 1: Citizenship
1.1 Any nation which shall have resided in The Free Nations Region for three (3) days, currently is located in the Region, and is not a puppet or alternate of another citizen within the Region is considered to be a citizen of the Free Nations Region.
1.2 Any nation which shall have resided in one of the States for three (3) days, currently is located in that State, and is not a puppet or alternate of another citizen within that State is considered to be a citizen of that State.
Article 2: Freedoms
2.1 All citizens are guaranteed:
2.1.1The freedom to express their opinions
2.1.2 The freedom to assemble with others who share those opinions
2.1.3 The freedom to access information
2.1.4 The freedom of movement within the region and freedom to depart the region
2.2 Citizens are protected in their relations with the government against any coercion.
2.3 No penalty may be imposed for an act which was not subject to a penalty at the time it was committed. The government may however prescribe that exceptions shall be made to the aforesaid provisions if it considers that this is warranted on special grounds connected with a time of crisis.
2.4 A foreign resident within the region is entitled to the same rights and treatment as a citizen but may not participate in the Legislature.
2.5 Citizens have the right to a fair and unbiased trial.
2.6 Proceedings in the Judiciary and other courts of law shall be open to the public.
Article 3: The States
3.1 The States are hereby defined as the regions of Free Nations Colony and United Nations of Nationstates, and any other regions which shall in the future be designated as States of the Free Nations Region, by a Constitutional Amendment.
3.2 Citizens of the States are equally entitled to vote in the Legislature of the Free Nations Region but may also call a vote of their own State only, through the same procedure as a vote is called in the Legislature.
3.3 Each State shall be governed by a Governor, who shall be appointed by the President of the Free Nations Region and confirmed by a majority vote of the citizens of that State. If the Governor appointed by the President is denied, the citizens of the State shall elect a Governor. Governors shall serve a term of six (6) months, being appointed in October and April of each year.
3.4 Each State is authorised to autonomously:
3.4.1 Eject and/or ban a nation from the State
3.4.2 Form and vote on any law that will better that colony by creating embassies, recruiting, roleplaying, etc. for that colony
3.4.3 Create any governmental positions within the State and hold elections for those positions at their own choosing
3.5 A State may declare an intent of Secession from the Free Nations Region, which shall be voted on with a majority vote among the Legislature and a two-thirds vote among the Citizens of that State.
Article 4: The Instrument of Government
4.1 The government shall act openly and democratically. Members of the government shall act in the best interests of the Region before their own interests and shall not use the office of government to acheive their own personal means.
4.2 The government of the Region represents the Region and shall act in the will of the Citizens.
4.3 All members of the government must be citizens of the Region or State in which they hold office and must have been a citizen in the Region or State for one week (seven days) at the time of election.
4.4 The Founder, the President, the Speaker, and all members of the Cabinet must publically state all their puppet nations or alternates within the region, and must have a verified World Assembly nation. Failure to do so will result in immediate removal from office.
4.5 If any member of the government does not log into their nation for more than seven (7) days without informing the region, and does not take part in government activity or does not post on the RMB or Discord for more than ten (10) days without informing the region, they shall be removed by the President if a Cabinet member or otherwise put under impeachment vote by the Legislature.
Article 5: The Executive Branch
5.1 The President is the head of the Executive Branch and is the Head of Government. It is an elected position. The President through its office and its cabinet shall execute the laws of the Region.
5.2 The President shall be granted all Regional Officer powers except Border Control.
5.3 The President may veto a law passed by the Legislature. The veto may be turned over by the Legislature following a 2/3 vote (see 6.6)
5.4 The President shall appoint a Cabinet to assist in the execution of laws and the advisement of the government. This cabinet shall execute the will of the President. All decisions related to the positions, power, number, and function of the Cabinet members are up to the discretion of the President, subject to the approval of the Legislature. However, no Cabinet member may have all Regional Officer powers.
5.5 The Executive Branch may negotiate foreign treaties and alliances, subject to the vote of the Legislature.
5.6 The President shall also be or appoint a World Assembly Delegate to represent the Free Nations Region on the world stage. The President may decide whether to serve this position themselves or delegate it to a member of their cabinet or another regional officer. The Founder may take whatever action necessary to ensure that the appointed nation holds the WA Delegate office.
5.7 The WA Delegate shall vote in the way the majority of the Region's WA Members vote, unless providing an otherwise explanation.
5.8 The President and any of the Cabinet members may be impeached by the Legislature.
5.9 The President may not hold any other office in the government while holding the office of President.
5.10 If a Cabinet member or the President is unable to perform their duties, by reason of inactivity, ceasing to exist, or any other cause, they will be replaced immediately by the President if a Cabinet member or by a special election if they are the President.
5.11 No member of the executive branch, including the President, may have the power to eject or ban nations from the Region except during a time of crisis.
Article 6: The Legislative Branch
6.1 The Legislature shall be the supreme governing authority of the Region. All citizens of the Region and of the States are entitled to vote in the Legislature unless a charge or ban shall have been levied against them.
6.2 The Legislature shall have two primary types of votes— those pertaining to the whole Region and the States, referred to as "union-wide", and those specific to one State or Region, referred to as "region-specific".
6.3 The Legislature may enact, amend, or repeal laws and treaties for the Free Nations Region and its States by a simple majority vote.
6.4 The Legislature may impeach any official of the government of the Region or States by a two-thirds majority vote.
6.5 The Legislature may override a Presidential Veto by a two-thirds majority vote.
6.6 The Legislature may declare a state of crisis by a two-thirds majority vote.
6.7 The Legislature may amend this Constitution by a two-thirds majority vote.
6.8 Legislation may be introduced to the Legislature by a proposal being motioned and seconded on the Regional Message Board or in the Discord.
6.9 The Legislature shall elect a Speaker who may introduce legislation and shall put legislation up to vote. The Speaker is the head of the Legislature.
6.10 All votes of the Legislature shall take place through Google Forms (https://forms.google.com) and shall have two options: 'yes' and 'no', unless otherwise specified. The form shall be limited to one response per person and shall allow voters to see the responses.'
6.11 All votes of the Legislature shall be open for four (4) days unless otherwise specified.
Article 7: The Founder
7.1 The Founder is a ceremonial position which functions as Head of State. The Founder derives its authority from being the original and first nation in the Region and holds office until death.
7.2 The Founder has the sole authority to eject or ban nations (border control authority) except during a time of crisis.
7.3 The position of the Founder does not have any direct influence on the running of the government, and may not appoint, remove, or change any part of the government unless acting upon the behest of the legal act of President, Legislature, or Judiciary; however, the Founder may hold additional positions in the government of the Region or States. While holding the office of any additional positions, the Founder is still subject to any laws or boundaries defined for that position.
7.4 The Founder shall carry out all actions of the President, Legislature, and Judiciary at their behest in accordance with the law. The Founder maintains supreme authority but must adhere to the will of the Citizens.
7.5 During a time of Crisis, the Founder may be granted additional permissions and executive authority.
7.6 The Founder is the Commander-in-Chief of the Armed Forces of the Free Nations Region.
7.7 The Founder may appoint Judges to the Judiciary, subject to the approval of the Legislature.
Article 8: The Judicial Branch
8.1 The Judiciary shall decide all cases and disputes between Citizens, between Citizens and the Region or States, and between States. It shall also determine the Constitutionality of laws and governmental actions.
8.2 The Judiciary shall be composed of three (3) Judges who shall be appointed by the Founder, and approved by a two-thirds majority vote of the Legislature.
8.3 The Judges shall serve until they resign or are impeached; they shall serve an unlimited term.
8.4 No Judge may hold any other office within the government of the Region while holding the position of Judge.
8.5 The Judges may elect from within their body a Head Judge to organise the Judiciary.
Article 9: Elections
9.1 Elections of the Free Nations Region are nonpartisan, free, open, and direct.
9.2 The President is an elected office and shall serve a term lasting six (6) months. Presidential Election Season shall be in the months of October and April.
9.3 The Speaker is an elected office and shall serve a term lasting three (3) months. Speaker Election Season shall be in the months of October, January, April, and July.
9.4 An Election Season shall take place from the Fifth to the Twentieth of the month.
9.5 The first five (5) days of an Election Season shall be Nomination Week. During this period, any Citizen may nominate another Citizen and/or themselves to run for the office of President. If they nominate another nation, that nation must accept the nomination before Nomination Week is over.
9.6 The next three (3) days of an Election Season shall be Campaign Days. During these days, candidates may campaign on the RMB, in dispatches, or in telegrams. Spamming the RMB or the Discord is discouraged, as well as is smear campaigning.
9.7 The final seven (7) days of an Election Season shall be Voting Week. No additional campaigning is permitted during this week. Voting shall take place through a Google Form (https://forms.google.com) created by the founder (or specially appointed officer). The Google Form will:
9.7.1 Be open to all citizens of the Region and of the States
9.7.2 Be "limited to one response"
9.7.3 Enable respondents to view the responses, through a Google Sheets page made available by the founder or specially appointed form maker
9.7.4 Have the question "who do you want to be <INSERT ELECTED OFFICIAL>", or words to that effect, with an option for each candidate. If more than one position is up for election, more than one question shall be added.
The Founder or specially appointed maker of the form may also include other questions or descriptions, such as "are you in the WA?" or links to each candidate's campaign dispatches, if they so choose.
9.8 During an Election Season, all government positions shall be removed (except in the case of a founder-appointed Election Coordinator who is not involved in the election otherwise) so as to prohibit the taking of unfair advantages by government members. All normal functions of the Government shall pause.
9.9 Elections shall be won by a majority vote (50% +1 or higher). If no candidate receives a majority, there shall be a run-off election between the two candidates with the most votes. If the election is tied, the incumbent candidate wins. If neither candidate is incumbent, the Founder will decide the election for his/her preferred choice.
9.10 In the case of an impeachment or otherwise a vacancy in an elected position, the Founder shall as soon as possible call a Special Election for that office. Special Elections shall function in the same method as a normal Election Season. However, if the Special Election would begin less than a month before or after a normal Election Season, the normal Election Season for that position shall be called off.
Article 10: Crises
10.1 A time of Crisis may be declared by a two-thirds majority vote of the Legislature. A Crisis may occur if there is an emergency or to the region such as an invasion or the Ceasing to Exist of the Founder.
10.2 Should the Founder Cease to Exist, the President shall immediately assume the office of WA Delegate by whatever means necessary and shall have the authority to take on the roles reserved in this Constitution for the Founder. The President shall password the region and subsequently wait for two (2) weeks for the Founder to return if the cause of Ceasing to Exist is unknown. The President shall then at the approval of the Legislature take the best determined course towards securing and refounding the region.
10.3 In a time of Crisis, all elections are suspended until the Crisis is ended.
10.4 A time of Crisis may not last for more than two (2) weeks except in the case of the founder Ceasing to Exist.
Article 11: War and the Military
11.1 All nations have a duty to defend the Free Nations Region from invaders or those with harmful intentions towards it.
11.2 The United Nations of NationStates (UNN) shall function as the legitimate Armed Forces of the Free Nations Region. The Armed Forces shall defend the Free Nations Region and its States against invasions and foreign aggression; and shall also participate in defenses of other regions against raiders.
11.3 The Founder shall be the Commander-in-Chief of the Armed Forces and shall make all final executive decisions about the allocation of troops, officers, etc.
11.4 The Founder may appoint a General of the Armed Forces to oversee the day-to-day and common activities of the Armed Forces, subject to the approval of the Legislature. The General must be an active officer and often participate in military operations.
11.5 Any Citizen may apply to become a member of the Armed Forces. Their application shall be determined by the General or by the Founder if there is none.
Article 12: Adoption
12.1 This Constitution shall go into effect by a simple majority vote of the current residents of the Free Nations Region and its States.
12.2 The vote shall take place on Google Forms and be open for four (4) days.
12.3 If this Constitution goes into effect, any existing laws of the Free Nations Region which are brought before the government shall be considered to be current, operational, and pre-existing law.
Article 13: Amendments
13.1 This Constitution may be amended by a vote of the Legislature, as described in 6.8. The President or Founder may also call for an amendment of the Constitution.
13.2 Any amendments which pass shall be recorded in the list below (e.g. "added clause 5.3" or "edited clause 4.5: added 'it is identical...'")
13.3 List of Amendments
Drafted by Somy
Edited by Kanglia, Lenlyvit
Signed by Somy, Kanglia, Lenlyvit, Crystalsummer, Narvatus