by Max Barry

Latest Forum Topics

Advertisement

1

DispatchFactbookLegislation

by Scsa vassal nation. . 170 reads.

Slide Countries Constitution 06/12/20

THE CONSTITUTION OF THE SLIDE COUNTRIES
Preamble
In order to enshrine our democratic system in permanent, protective law; to best protect the rights of the individuals of the region; and to determine the rights, liberties, and responsibilities of a citizen of The Slide Countries, we consolidate the various laws of the region relating to the most significant domains into one codified and collaborated Constitution of The Slide Countries.
Article 0: "Constitutional Format"
    (1) The Constitution shall consist of two separate sections
    (2) The First Section (Section I) shall consist of the most inalienable rights and liberties of the citizens of the region; a commitment to uphold the rule of law through democratic means; the promise of the Founder to withhold his powers; and the foundational commitments to other key areas
    (3) The Second Section (Section II) shall consist of certain lesser rights; permission to negative rights; the outlining of the Triumvirate System; and other areas of future negotiation and adaptation.
    (4) The two sections shall have methodology for their amendment outlined within, and the distinction shall regard the significance of the Sections to the region.
    (5) This Constitution must be ratified by majority in the Assembly and with the public support of the President.
    (6) This Constitution overrules the provisions of, and is presented in accordance to, Public Bill #046 "Uncodified Constitution Act".

Section I
Article 1: "Provisions for Amendment of Section I"
    (1) As the supreme section of the Constitution, the contents of Section I must be close to intractable to overrule.
    (2) Thusly, the methodology for amendments to Section I will be as follows:

      a. Tabled Amendment must be proposed by a unanimous decision of the Cabinet with the allowance of no more than one absentee, unless the Assembly deems it reasonable to exclude more than one Cabinet member.
      b. Tabled Amendment must then be passed by a 3/4 Majority in the Assembly, with full Assembly attendance.
      c. Tabled Amendment must then be passed by a 2/3 Majority in the Region, with at least 20% of the population voting.
      d. Legislation for the Amendment must be marked as a "Section I Constitutional Amendment" for the due process to be enacted.
      e. Tabled Amendment must be finally ratified by the President with a public (RMB) announcement

    (3) The Slide Court must rule that the Tabled Amendment does not infringe on any provisions of Section II, unless the issue in question is judged by the Slide Court to be of such significance that the Tabled Amendment can not be denied

Article 2: "Founder's Commitments"
    (1) The Founder shall publicly swear on publication of this document that he shall uphold the interior dedications of himself and the region
    (2) The Founder must:

      a. Take responsibility for the health of the region
      b. Make the appropriate provisions to administratively protect the region in accordance to the will of the region
      c. Agree to respect the rule of law and the decisions of the democratic bodies of the region
      d. Rule with as just a hand, and as much reliance on the democratic systems in place, as possible

    (3) The Founder must not:

      a. Infringe upon the rights and liberties outlined in this document without genuine necessity. To ensure this, the Founder shall be under direct scrutiny of the Slide Court whenever he executes his powers
      b. Jeopardize the security of the Region to any serious degree, even with a direct mandate to do so. If the Founder deems a decision of an elected body of the Region to be against the interests of regional security, he is entitled to call upon the Slide Court to rule on the actions of the elected body.
      c. In any way overrule or repeal the provisions of this document.
      d. Cease to exist without having first provided the region with all relevant security for a Founder-less period. This must include withdrawing all possible power from the WA Delegate, and, if required to by democratic means, initiating a border to the region. In this case, he must also grant sovereignty to the President of the Region.
      e. Seek to directly interfere with the democratic process in the region.

Article 3: "Democratic Commitments"
    (1) The Slide Countries hereby permanently commits to the democratic process
    (2) The nature of the democracy and the voting systems are to be decided by the relevant democratic institutions
    (3) The elections must be free and fair
    (4) No group of citizens may be excluded from the democratic process, unless they are:

      a. A member of the region for less than two days prior to any election
      b. A puppet nation of an individual outside the allowed numbers of puppet nations
      c. They have been banned from voting on a criminal sentence that includes ban from voting in its provisions

    (5) The extension of suffrage to individuals outside of the region must be bestowed only by the relevant democratic process
    (6) No individual body, democratic or otherwise, can make decisions affecting the region without either:

      a. The relevant legislation to allow this
      b. The co-operation of other democratic bodies

    (7) Elections must be permitted to run their entire agreed upon course to prevent corruption and for historical notation. This is especially relevant to any election that uses Polls.

Article 4: "Citizens' Inalienable Rights"
    (1) The right of Expression, notwithstanding the provisions of pre-existing laws that limit the extent of this right, shall not be infringed, except by Constitutional Amendment. This right extends to opinions, whether they be contrary to that of the ruling party or not; insults that do not exceed the levels of correctness outlined in pre-existing legislation; religion and religious obligation; and other significant areas of contention. To better allow for flexibility over this controversial issue, the Slide Court shall interpret this Right, and the pre-existing legislation, to the best of their abilities.

    (2) All citizens eligible for election, as outlined in [Article 3, part 4], shall have the right to representation at all levels of governance. This includes the right to be heard by a democratic body, and the right to form oppositional groups, provided the legal requirements are met. Likewise, any individual has the right to call upon the judicial body (i.e. the Slide Court) to extend any suit in law to a ruling administration in the region.

    (3) The right to freedom of information, and the right to obtain this information without endangering the individual concerned, shall not be infringed, expect in cases wherein the genuine security of the region is at immediate risk, until that risk has been deemed to pass. This caveat must not be used without good reason by an institution, but is to be taken in faith. If necessary, the Chief Justice of the Slide Court can confidentially pass judgement on the issue at the request of the aggrieved party.

    (4) The Sovereignty of individual nations, and the concerns of the individual nations, shall not be forcefully infringed upon by a regional body. International pressure can be applied, and provisions recommended, but no nation shall have its rights contravened, or be otherwise punished, on the grounds of internal dispute.

    (5) No citizen of the region may be held to account for any crime without the due process of law being followed. This includes the right to be tried by the Slide Court; the right to appeal a Court decision; the right to be punished only to the point explicitly outlined in the law broken. If no explicit punishment is mentioned in legislation, and in all cases, no citizen shall be forced to endure cruel or unusual punishment by the standards of the time by which the offense is committed. No previous crime, unless directly related to the offense in question, shall be used as evidence in a Court case to convict an individual.

    (6) Likewise, no punishment can be issued for any offense committed before a law is passed. All actions not explicitly outlawed by regional legislation are considered to be negative rights.

    (7) No individual shall, without prior consent, be forced into any office or role involuntarily. This applies to the World Assembly, any regional defense force, political party, or other regional institution. This does not apply to any direct law of the region, including the commitment to this document. The enumeration of the rights listed above shall not be interpreted as an exhaustive list.

    (8) No individual shall, without due process, be forced out of any office or role involuntarily. This applies to all regional organisations, defense forces, and political parties. Due process may vary from organisation to organisation, but the process agreed to when an individual joins that institution must be followed in all cases.

    (9) These inalienable rights shall not be abridged or denied on the basis of an individual's race, religion, gender, sexuality, or other distinctive feature not within the control of the individual. This is extended to individuals with criminal records.

End of Section I
Section II
Article 5: "Provisions for Amendment of Section II"
    (1) As the inferior section of the Constitution, the contents forthwith must be difficult, but practical for the evolution of the Region throughout the future.
    (2) Thusly, the methodology for amendments to Section II shall be as follows:

      a. Tabled Amendment must be proposed by at least two members of the Cabinet.
      b. Tabled Amendment must then be passed by a 2/3 Majority in the Assembly, with full Assembly attendance.
      c. Tabled Amendment must then be passed by a 2/3 Majority in the Region, with at least 15% of the population voting.
      d. Legislation for the Amendment must be marked as a "Section II Constitutional Amendment" for the due process to be enacted.
      e. Tabled Amendment must be finally ratified by the President with a public (RMB) announcement

    (3) The Slide Court must rule that the Tabled Amendment does not infringe on any provisions of Section I in any capacity or by any means.

Article 6: "Commitment to the Triumvirate System"
    (1) Hereby officiates that the democratic legitimacy of the offices of the region, and all sub-regions, be best met, in accordance with the provisions of [Article 3], by use of the Triumvirate System and all that it entails.
    (2) Thusly, the system shall work as follows:
      a. The Triumvirate System is intended to function in the following order of Seniority:
        i. The President (or executive) and their Cabinet
        ii. The Assembly (and, since bill #013, the Slide Court)
        iii. The Region

      b. The Powers of the various institutions listed in 2(a) are detailed in the various bills related to them, but are outlined below:

        i. The Cabinet is the primary legislative body of the Slide Countries. Thusly, Bills presented by a Cabinet Minister (which should relate to that particular Minister's area of expertise) are sent to the Assembly for ratification, and need a simple majority to pass. The Cabinet is selected by democratic partisan election quarterly (i.e. every three months) using adapted IRV voting. The Cabinet's secondary role is to function as the traditional regional officers for the daily running of the region.

        ii. Within the Cabinet, the President (and Vice-President), who are elected as a pair in a quarterly election (using adapted IRV voting) one week prior to a Cabinet election, are the faces of the region. Thusly, they have joint control of the roles entrusted to the Cabinet officers, and may likewise propose legislation, which must be ratified by the Assembly.

        iii. The Assembly's primary function is to ratify bills presented from the Cabinet (and/or the region through the Public Bills Scheme). However, the Assembly members are also permitted to present legislation, though this legislation requires a 2/3 majority to pass. Assembly decisions that are not conclusive (i.e. pass 4-3) are always sent to the Region for a final vote. The Assembly is elected quarterly, though staggered from the Presidential and Cabinet Elections, where seats are awarded proportionally according to vote share.

        iv. The Region's primary function is to elect the officials to the Cabinet and Assembly. They also must affirm close Assembly decisions as outlined in 3(b-iii). The Region consists of all members of The Slide Countries, regardless of length of membership and other positions held.

        v. The Slide Court exists to interpret the laws passed by the other bodies of the Triumvirate System, and to give trial to any individual who breaks the laws of the region. The Justices are appointed by the Cabinet and Assembly Justice Commission (all the members of both bodies), and approved by regional vote. They are not entitled to draft their own legislation (unless under the remit of Public Bills Act)

        vi. The Founder retains all powers mentioned in Government Bill #025 "Clarification of the position of Great Leader"

        vii. The WA Delegate remains unelected (by official means) and is responsible for our primary World Assembly actions, with the consent of the First Delegate.

      c. The Checks and Balances that these institutions contain are detailed below, although not in completeness:

        i. The President's powers (and that of the Vice-President) are checked by their Cabinet, through constant discourse; the Assembly, through discussion and vote; the Region, through elections, discussions, and occasional votes; the Slide Court, through interpretation of this document and regional law and the implementation of such laws; and any No Confidence Vote from the various institutions allowed to call.

        ii. The Cabinet's powers are checked by the President, through constant discourse and potential release from position; the Assembly, through discussion and vote; the Region, through elections, discussions and occasional votes; the Slide Court, through interpretation of this document and regional law and the implementation of such laws; and any No Confidence Vote from the various institutions allowed to call.

        iii. The Assembly's powers are checked by the Cabinet, through discourse; from itself, through its partisan make-up and therefore discussion and votes; the Region, through elections, discussions and occasional votes; the Slide Court, through interpretation of this document and regional law and the implementation of such laws; the President, through roles bestowed in Government Bill #057 "Presidential Observation Act"; and any No Confidence Vote from the various institutions allowed to call.

        iv. The Region's powers are checked by the Cabinet and Assembly, through implementation of law; and the Slide Court, through interpretation
        of this document and regional law and the implementation of such laws.

        v. The Founder's powers are checked by this document and any institution or law with the authority to question his judgement.

    (3) All nations that vote in elections in the Slide Countries:

      a. must register their voting nations with the relevant authority prior to voting
      b. may choose to vote with up to five registered nations
      c. must be non-anonymous, due to the ease of voter fraud in the Poll system
      d. must abide by the provisions of [Article 3]

Article 7: "Lesser Rights and Responsibilities"
    (1) All laws already passed by any body of the Triumvirate System, and all laws passed by previous administration, that do not directly oppose this Constitution will continue to stand after the implementation of this document. All legislation passed after the publication and implementation of this document must comply with the provisions of this Constitution.

    (2) The right of individual nations to leave and enter the region as they see fit, with the exception of nations banned either mechanically or legislatively from the region, shall not be denied. This does not apply during times of emergency, as defined in Government Bill #024 "Declaration of War Act", or if the founder ceases to exist. In the event of the latter, the decision to continue the implementation of this right falls to the democratic institutions to decide.

    (3) The right for "Fast Track" legislation to be implemented or blocked is hereby affirmed. The process for such henceforth requires the words "Fast Track" to be present in the legislation, and the decision to Fast Track legislation can be overturned by the Slide Court on advice from an individual.

    (4) The responsibility to accept the rulings of the Slide Court, and the laws presented by all democratically elected offices, is to be accepted by all members of the Slide Countries (and all sub-regions).

    (5) The right, as established in [Article 4, part 6] to enjoy negative rights, can not be overturned by any democratic institution.

    (6) All added amendments to Section II shall be included in apparatia in this section of the Constitution. This likewise refers to any additions or reductions to the document.

    (7) More abstract or undefined rights, that are not enumerated by either Section I or Section II of this document, are not to be dismissed due to their emission from this in-exhaustive document. Contrarily, not all other rights not mentioned are to be encouraged or tolerated, and it is for the Slide Court to use due decorum and sense to adapt and interpret this as the time and public opinion requires.

    (8) The right to form alliances and relations with nations outside of this region shall not be infringed, even in cases where the region of the other nation is at war with, or otherwise an enemy of, The Slide Countries. Thusly, no individual shall be punished for this action, unless it otherwise seriously damages the everyday administration and genuine security of the region.

    (9) The right of individuals to act against the common good of the region on all event days, including Z-day and N-day is not to be infringed upon. Thusly, no individual shall be punished for this action, unless it otherwise seriously damages the everyday administration and genuine security of the region.

    (10) The right of an individual to challenge any implementation of this document and its provisions and interpretations in the Slide Court is not to be infringed upon. However, excessive use of the appeals process to escape justice is to be determined by future legislation.

Article 8: "Continuation Affirment"
    (1) All records, political, pollic, criminal and historical, shall be as valid under the provisions of this Constitution as they were under the previous Uncodified Constitution.
    (2) All international and inter-regional treaties and agreements shall be as valid under the provisions of this Constitution as they were under the previous Uncodified Constitution.
    (3) All elected officials at the ratification of this treaty, and their mandates, shall be as valid under the provisions of this Constitution as they were under the previous Uncodified Constitution.
    (4) All elected officials will be assumed to agree to the terms of this treaty, and will be expected to/forced to resign if they do not support this document once it is passed. No action shall be taken against officials who voted against the ratification of this document.

End of Section II
Article 9: "Conclusive Statement"
    (1) The Ratification of this document shall be affirmed by Presidential speech, once it has passed through the necessary processes of the democratic process, by means of a public announcement by RMB and Regional Telegram.
    (2) Written on the sixth of December two-thousand-and-twenty, with permission of the Founder.
    (3) This Document shall be ratified at the earliest convenience by the democratic institutions of The Slide Countries.
    (4) A separate Document shall be created of the signatories of all elected officials once this document has been ratified.

Here ends the Constitution of The Slide Countries.

Scsa vassal nation

RawReport