Post by Aynia on Apr 24, 2019 16:50:22 GMT
The Constitution of Equinox
Preamble: We the Nations of the Guild Confederacy of Equinox, in order to form a just and peaceful region and to establish a Government that shall embody our ideals and serve our interests, do hereby adopt this Constitution as the Supreme Law of our NationStates region of Equinox, its off-site forums, and other regional entities.
Article 1 - The Hierarchy
The Sovereign and Head of State shall be named the Hierarch. The current presiding Hierarch, Asylum, shall continue in this role. He will serve for life, or until resignation or removal.
(Section 1) Any position created by the Hierarch must be publicly announced and exact delegation of powers to said position outlined.
(Section 2) Only the Hierarch is granted the ability to:
(Section 2.1) Override decisions and policies of the government as well as taking control of the executive and legislative branches in times of inactivity or emergency.
(Section 2.2) To dissolve the Constitution of Equinox during times of extreme emergency that is determined by the Parliament in a 48 hour debate period followed by a 72 hour voting period. For this to occur, the Hierarch must write a public letter to the Prime Minister requesting the dissolvement of Parliament. The Prime Minister must read this letter before Parliament and at this point the speaker must call said amendment to vote. If due to unforeseen circumstances the Office Prime Minister is not filled the Hierarch may address Parliament directly.
(Section 2.3) They may not serve in any government positions but shall advise, support and consult with them as well as receive weekly reports on Equinox’s state of affairs.
(Section 3) The Hierarch shall be the neutral party that will monitor, oversee and conduct the following:
(Section 3.1) The Hierarch shall be responsible for the recruiting efforts of the region.
(Section 3.2) The Hierarch shall be responsible for the induction and selection of new Individuals and user made organisations into the Equinox Hall of Fame.
(Section 3.3) The Hierarch shall be responsible for the maintenance of the "Royal Solstice College" Archives.
(Section 4) The Hierarch may be dismissed from office by vote of Parliament.
(4.1)Any Member of Parliament can table a motion of “Hierarch Dismissal”. This will require seconding by another Member of Parliament.
(4.2) If this bill reaches a Parliamentary majority of 67% the is Hierarch impeached and dismissed from office and The Prime Minister will be sworn-in as interim Hierarch, but will not have the ability to produce executive orders or dissolve the constitution.
(4.3) If the Prime Minister is unable to fulfill this task the duty falls to the Vice Prime Minister. After one week of declaration the parliament must elect a new Hierarch by majority of 51%.
Article 2 - Prime Minster & Executive
The Head of the Executive branch and the Orders of Equinox shall be named the Prime Minister. To hold an Executive role of any capacity you must be a citizen of the region. If for any reason you lose or resign your citizenship, you must resign from your role.
(Section 1) The Prime Minister is tasked with the responsibilities of day-to-day operations, maintenance, and direction of the Executive branch and region as a whole; and shall do so without major hindrance from the Hierarch. The Prime Minister is a democratically elected position, and cannot hold any other government office.
(Section 2) The Prime Minister is required to have a Vice Prime Minister, which is chosen from the Prime Minister’s cabinet.
(Section 2.1) If the Prime Minister position is vacated at any time during the term, the Vice Prime Minister shall serve as Prime Minister until the term ends.
(Section 2.2) If the Vice Prime Minister position is vacated any time during the term, the Prime Minister may appoint a new one with approval from Parliament.
(Section 2.3) Vice Prime Minister responsibilities shall be determined by the Prime Minister and must be publicly displayed and updated each term within the Office of the Prime Minister, and cannot hold any other government office.
(Section 2.4) The Prime Minister may temporarily grant the Vice Prime Minister all duties of the Ministry in times of short absence or reduced activity. At this time the Prime Minister must release a statement in their office informing the parliament of this decision.
(Section 3) Only the Prime Minister is granted the abilities to:
(Section 3.1) Issue Executive Orders, which can be used to immediately create new law, edit and to amend existing laws.
(Section 3.1.1) Executive Orders shall be styled and titled as Executive Order #001, and shall continue up the numerical order anytime one is issued.
(Section 3.1.2) Executive Orders cannot amend, alter or change the Constitution of The Guild Confederacy of Equinox.
Executive orders cannot:
(Section 3.2) Grant pardons to citizens for offenses committed against Equinox,
(Section 3.3) Sign into law or veto and reject any passed resolutions of Parliament,
(Section 3.4) Issue Foreign Directives to establish Equinox Foreign Policy.
(Section 3.4.1) Foreign Directives shall be styled and titled as Foreign Directive #001 and shall continue up the numerical order anytime one is issued.
(Section 3.5) Manage and hold all other executive positions accountable
(Section 3.6) Dismiss any executive position, both democratic and non-democratic.
(Section 3.6.1) Should an executive position, both democratic and non-democratic become vacant due to resignation, dismissal or impeachment, the Prime Minister shall appoint a replacement for the remainder of the term, contingent on Senate approval.
(Section 4) The Prime Minister maintains the ability to create additional Executive Positions to fulfill the needs of the Executive Branch, contingent on approval by Parliament. Created Executive Positions cannot hold any other government office.
Article 3 - Parliament
The Legislative Branch shall be named Parliament and the Head of Parliament shall be named the Speaker.
(Section 1) Parliament shall welcome the input of all legal citizens of Equinox, who are entitled to debate and submit Parliament resolutions, and are entitled to vote Aye, Nay or Abstain on all Parliament resolutions.
(Section 2) Parliament shall consist of all legal citizens of Equinox.
(Section 3) The Speaker is tasked with the day-to-day operations and maintenance of the legislative branch and organization of Parliament into focused areas of law-making. The Speaker cannot hold any other government office.
(Section 3.1) The Speaker may appoint any legal citizen of Equinox as the Deputy Speaker, and will require the simple-majority approval of the voting members of Parliament.
(Section 3.2) The Deputy Speaker is delegated the authority and powers of the Speaker to operate and maintain Parliament and it’s activity.
(Section 3.3) If the Speaker position is vacated at any time during the term, the Deputy Speaker shall serve as Speaker until the term ends.
(Section 4) Drafting and Proposing Legislation in Parliament shall follow these procedures;
(Section 4.1) Because of the open nature of proposing legislation in Equinox, any Citizen may submit a proposal before Parliament or open a broad discussion about a certain topic that can lead to legislation being written.
(Section 4.2) Legislation can be written on Google Docs through a shareable link to the other members of Parliament and/or the general public.
(Section 4.3) There is no general limit to the size or scope of any legislation brought forth to Parliament in reference to word count.
(Section 4.3.1) All legislation should optimally have a title, the name of the author(s), a Preamble, and at least one Article.
(Section 4.3.1.1)Amendments to the Constitution should also include what Article, Section or Subsection is being changed or repealed.
(Section 5) Debate on proposed Legislation in Parliament shall follow these procedures;
(Section 5.1) All proposals are subjected to a period of debate of no less than four (4) days.
(Section 5.1.1) During the period of debate, any changes can be made to any legislation.
(Section 5.1.2) Any and all changes to legislation during the debate period will be considered with the final version of the legislation to be voted upon.
(Section 5.2) Members of Parliament can at any time file motions to extend debating periods, or to end debate early.
(Section 5.2.1) Motions will require a seconding by another Member of Parliament
(Section 5.2.2) On Amendments, motions to end debate early cannot be filed.
(Section 5.2.3) Before proceeding with a motion, the Speaker must acknowledge a motion having been filed and must initiate a call for a second.
(Section 5.2.4) If no Senator seconds a motion, it is considered defeated and tabled.
(Section 6) Voting on proposed Legislation in Parliament shall follow these procedures;
(Section 6.1) All proposals are subjected to a period of voting of no less than four (4) days, or until all eligible voters have voted.
(Section 6.2) Only the Speaker and Members of Parliament may cast an affirmative, negative or abstaining vote.
(Section 6.2.1) Any Members of Parliament that do not vote for any reason during the allotted voting period will not have their votes counted and will not be included in the final total tally.
(Section 6.3) Any and all general legislation must be passed with no less than a simple majority, or fifty-one percent (51%), of the votes of all Members of Parliament & the Speaker.
(Section 6.3.1) Any appointments to offices by the Hierarch or the Prime Minister must be passed with no less than a simple majority, or fifty-one percent (51%), of the votes of all Members of Parliament the Speaker.
(Section 6.4) Any treaties with a foreign region must be passed with no less than a super majority, or sixty-seven percent (67%), of the votes of all Members of Parliament and the Speaker.
(Section 6.5) Any Amendments to the Constitution must be passed with no less than a super majority, or sixty-seven percent (67%), of the votes of all Members of Parliament and the Speaker.
(Section 6.6) Any Senate Overrides outlined in Article 3, Section 9.1 must be passed with no less than a super majority, or sixty-seven percent (67%), of the vote of all Members of Parliament and the Speaker.
(Section 7) Only Parliament is granted the following Checks and Balances on the Executive and Hierarchy branches of government;
(Section 7.1) Parliament can at any time exercise the power of oversight over any office or department of the Executive Branch of the government of Equinox.
(Section 7.1.1) At any time, Parliament may request a report of activity by any office or department of the Executive Branch.
(Section 7.1.2) Parliament can vote to impeach any official of the Executive Branch, should any such official become inactive or is accused of committing crimes against the region.
(Section 7.1.2.1) To remove any Executive Branch official, Parliament must pass a resolution of impeachment with a super majority, or sixty-seven percent (67%) of the votes of all Senators
.
(Section 7.2) Parliament shall be tasked with the power of advice and consent with the Prime Minister and the Hierarch regarding appointments to offices.
(Section 7.3) Parliament shall be tasked with the power of review and override of specific powers granted to the Prime Minister and the Hierarch.
(Section 7.3.1) Parliament can review, override and overturn any Executive Order, Foreign Directive or Persona Non Gratae.
(Section 7.3.2) For forty-eight (48) hours after an Executive Order, Foreign Directive, or Persona Non Gratae is issued, any Senator can motion for them to be reviewed by Parliament.
(Section 7.3.2.1) Motions will require seconding by another Member of Parliament.
(Section 7.4) To override and overturn an Executive Order, Foreign Directive, or Persona Non Gratae, Parliament must pass an override resolution with a super majority, or sixty-seven percent (67%) of the vote of all Members of Parliament and the Speaker.
(Section 7.5) Any resolution passed by Parliament shall require the Prime Minister's signature of approval before becoming a law, the Prime Minister is granted the right to veto from Article 2, Section 3.1.
(Section 7.5.1) Impeachment, Appointment and Guild Creation procedures do not require the Prime Minister's signature.
(Section 8) The Speaker and their Deputy are tasked with the upkeep of the Library of Parliament, which shall serve as the public archives of Equinox.
(Section 8.1) The Library shall have a section dedicated to current and enacted laws that have passed under this Constitution, these are required to include the following information alongside the law:
(Section 8.1.1) the author of the law
(Section 8.1.2) the final vote tally of Parliament
(Section 8.1.3) the Prime Minister who signed into law
(Section 8.2) The Library shall have a section dedicated to former and repealed laws under this Constitution.
(Section 8.2.1) Former and repealed laws are required to include the same information outlined in Article 3, Sections 8.1.1, 8.1.2, and 8.1.3.
(Section 9) This document states simple majority and supermajority votes, to minimize confusion:
(Section 9.1) a simple majority is defined as 51% of the voting members.
(Section 9.2) a super majority is defined as 67% of the voting members.
Article 4 - Citizens, Rights and Definitions
Defines what a Citizen is, how to earn and maintain Citizenship, and establishes the rights of Citizens, Nations, and Members of Equinox.
(Section 1) Citizenship is granted to those who apply for it and meet and maintain its requirements. The Hierarch, and Prime Minister are granted authority to approve of Citizenship applicants. They may delegate this authority out at their own liberty.
The requirements for citizenship are as follows:
(Section 1.1) A nation residing in the NationStates region of Equinox
(Section 1.2) Maintain that nation’s presence in the region
(Section 1.3) An introductory topic, of the applicant, on the Equinox forums
(Section 1.4) Citizens enshrined with membership into the Equinox Hall of Fame are granted eternal citizenship and cannot be revoked.
(Section 2) Citizens are granted the right to vote, the right to be a member of the Government, the right to debate and propose law in Parliament and the right of membership in one guild.
(Section 3) Nations, Members, and Citizens of Equinox are granted the following protections and personal freedoms:
(Section 3.1) guaranteed protection from discrimination, segregation, bullying or harassment.
(Section 3.2) considered equal regardless of gender, race, appearance, body image, sexual orientation, religion, political beliefs, or otherwise anything that could be identified as a personal characteristic.
(Section 3.3) entitled to freedom of speech, freedom of beliefs, and a right to express these beliefs in a manner that is not distasteful, offensive or antagonizing.
(Section 6) The Hierarch and Prime Minister can declare any nation, member or citizen of Equinox as a "Persona Non Grata", which is an indefinite banning from Equinox.
Article 5 - Elections
Any democratically elected position shall follow the terms and election procedures outlined here.
(Section 1) Voting in all Equinox elections shall be free, fair and the exclusive right of Equinox citizens.
(Section 2) All eligible Equinox citizens may vote in all elections.
(Section 3) Elections for Prime Minister & Vice Prime Minister, Speaker, and any other democratically elected position created by the Constitution and it’s laws shall be elected on a 4-month term basis.
(Section 3.1) The 4 Month Terms are set to begin on the tenth day of every even month of the Gregorian Calendar
(Section 3.2) Election Periods are set to begin 6 days before the first day of the new term.
(Section 3.3) Stand for Office are the first 3 days, where citizens and guild members can declare their intent to run, or nominate their fellow citizens to run for elected position.
(Section 3.4) The Voting Period is the last 3 days, where citizens and guild members vote for their election positions.
(Section 4) All elections in Equinox shall employ Google Polls.
(Section 4.1) A candidate is declared a winner if they have a plurality support of voters after the Voting Period has ended.
(Section 4.2) Should an election end in a tie, the candidate with the least amount of votes shall be removed from the ballot, and a 2nd Voting Period will begin. This is repeated until Article 6 5, Section 4.1 is achieved.
(Section 5) All elections shall be overseen and operated by the Hierarch with election mathematics being publicly available after elections.
(Section 6) Elected officials shall continue their responsibilities until and only until a new official is elected and the new term begins or until resignation
