Author Topic: Constitution of the Independent Order  (Read 5621 times)

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Offline CGJ

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Constitution of the Independent Order
« on: August 28, 2017, 08:40:35 PM »
Constitution of the Independent Order


WHEREAS the members of the Independent Order have, after due time and consideration, determined that there shall exist a single Constitution with supreme authority over all laws,

BE IT ENACTED by Her Excellency the Grand Chancellor, by and with the advice and consent of the Regional Assembly, and by the authority of the same, as follows:

Article One: The Chancellery

(1) The Grand Chancellor shall be the Head of State of The Independent Order and Commander-in-Chief of the Armed Forces of The Independent Order.

(2) The Grand Chancellor shall be responsible for:
  • Ensuring the safety and stability of The Independent Order;
  • Making any such enactments required for the peace, order and good government in the region;
  • Appointing Ministers, the Lord Chief Justice and the Roleplay Magistrate, and any other formal positions, where required;
  • Organising referenda, as defined by law;
  • Inducting, by means of Writ, members of the region into the Regional Nobility;
  • Administering the forum, the official chatroom of the region, the NationStates region, and any other official off-forum locations;
  • Advising members of the executive, judiciary and legislature, where requested;
  • Exercising authority arising from Order legislation, including this Constitution, where required;
  • Delegating their authority, where required or defined by law.
   
(3) The Grand Chancellor may be recalled following a referendum of all eligible members of the Independent Order, as defined by law. Should a Grand Chancellor be recalled, then an Constitutional Convention shall be required to appoint a replacement.

Article Two: Legislation

(4) The Grand Chancellor may enact any legislation, including amendments to the Constitution, Criminal Code and Roleplay Rules.

(5) Any enactment made shall be known as Acts of the Chancellory.

(6) The Grand Chancellor must, when seeking to make such legislative changes, publicly post, and announce on Discord, the regional message board and any other relevant areas, the proposed Act in the Conference Hall.

(7) The Act must remain in the Conference Hall, open for public debate or opposition, for a minimum of 72 hours, unless such an Act would amend the Constitution, Criminal Code, Emergency Procedures or Roleplay Rules, where it must be open for at least 96 hours.

(8) No Act amending the Roleplay Rules proposed initially by the Grand Chancellor may be enacted without the advice and consent of the Roleplay Magistrate, except where the enactment is approved by a referendum of eligible members.

(9) Any eligible member may petition in the Conference Hall thread to block an Act. Should the petition receive two further signatures from eligible members while the Act is in the Conference Hall, then the Act shall be subject to referendum of all eligible members.

(10) Any eligible member may bring forward their own legislation and, with the support of four further eligible members, require the Bill to be brought to a referendum of all eligible members.

(11) The Grand Chancellor may, where authorised or required by law to do so, issue a statutory instrument known as an Order of the Chancellory (herein ‘Order’). No Order shall need prior approval, however, any eligible member may bring forward, to the Conference Hall, a petition to repeal the Order. Should the petition receive four further signatures from eligible members, then the Order must be withdrawn.”

Article Four: The Roleplay Magistrate

(12) There shall be a Roleplay Magistrate responsible for the enforcement of roleplay rules.

(13) The Roleplay Magistrate shall be appointed by the Grand Chancellor for an indefinite term. The Roleplay Magistrate may be dismissed by the Grand Chancellor, or may be recalled following a referendum of all eligible members of the Independent Order, as defined by law.

(14) The Roleplay Magistrate shall:
  • Appoint a Deputy Magistrate;
  • Enforce the Roleplay Rules;
  • Advise the Grand Chancellor on matters regarding the Roleplay Rules;
  • Fulfil any responsibilities arising from legislation;
  • Recommend awards to be issued by the Grand Chancellor to members of the Independent Order who have produced outstanding pieces of work; and
  • Limit the rights of offending members by means of an Order of the Roleplay Magistrate (a ‘Roleplay Order’).

(15) When enforcing the Roleplay Rules, the Roleplay Magistrate must:
  • Act objectively and impartially, and at no point may seek to advantage their own roleplay position;
  • Seek to take all reasonable steps to resolve a conflict both privately and publicly;
  • Publish records of any formal rulings they make in the appropriate forum, detailing the nature of the issue, the rule broken, the steps taken to resolve it and the resolution of the issue; and
  • Only issue a Roleplay Order against a member after all other reasonable steps have been taken to resolve the matter.

Article Five: The Judiciary

(16) The Judiciary shall be headed by the Lord Chief Justice.

(17) The Lord Chief Justice shall be appointed by the Grand Chancellor for an indefinite term. The Lord Chief Justice may be dismissed by the Grand Chancellor, or may be recalled following a referendum of all eligible members of the Independent Order, as defined by law.

(18) The Lord Chief Justice shall be responsible for:
  • Training Judges and Advocates;
  • Advising the Chancellery and Roleplay Magistrate on points of law;
  • Ensuring all Acts and Orders of the Chancellory are made in compliance, and are themselves compliant, with the Constitution, Criminal Code and Roleplay Rules;
  • Investigating complaints originating outside the Regional Roleplay and determining a reasonable action;
  • Fulfilling any responsibilities arising from legislation;
  • Conducting judicial reviews where it is suspected that any member or institution of the government has acted ultra vires, as defined by law;
  • Hearing appeals from the Roleplay Magistrate on matters regarding Regional Roleplay, as determined by law;
  • Monitoring all elections to ensure that they are free and fair; and
  • Ensuring that all areas of the government comply with all legislation.

(19) Should the Lord Chief Justice determine that a body has acted ultra vires, or that elections were not free and fair, they may issue an Order of the Judiciary (‘Judicial Order’) to remedy the matter, as defined by law.

Article Six: Miscellaneous Provisions

(20) The Constitution and the Criminal Code (2013) shall extend fully to all parts Independent Order, including the forum, NationStates region, official chatroom and any official off-forum locations. Additionally:
  • The Forum Terms of Service shall be considered part of this constitution, as defined by law;
  • Where reference is made in law to a previous Charter or Constitution of the Independent Order, it shall be deemed to be referring to this Constitution; and
  • The Grand Chancellor shall, where a matter arising in this constitution requires a definition in law, enact such legislation if necessary for the stable operation the constitution.

(22) If any individual in a position established by this Constitution fails to log in to the forum for a period of fourteen days without posting a Leave of Absence they shall be deemed as having vacated their position. Vacancies, including those arising from resignation, shall be filled:
  • Where a deputy or vice exists, by said deputy or vice; or
  • Where no such deputy or vice exists, or if the deputy or vice has also gone inactive, by the usual procedures specified in this Constitution and otherwise by law.

(22) An eligible member is one who has been a member of the forum for a period of at least 45 days, has made more than 20 non-spam posts on the forum, and is not serving any form of sentence under the Criminal Code (2013) or the Forum Terms of Service Act (2015).

Explanatory note (not part of Constitution)

This constitution replaces the existing Charter of the Independent Order. It sets out that the Grand Chancellor will be the head of state and commander-in-chief, and will have certain (mostly ceremonial) functions + forum administrative powers. There is also the Premier (the Head of Government) who will be elected every 65 days and can appoint minister, propose legislation, etc. The Regional Assembly maintains its current powers, but adds to it all the powers of the Roleplay Council. It includes a whole new section in the Roleplay Magistrate, who is responsible for enforcing the RP rules. Finally, it includes the Lord Chief Justice, who is responsible for enforcing general law, appeals and judicial review. The new constitution applies everywhere the light touches.
« Last Edit: April 03, 2018, 07:19:54 PM by CGJ »
The Most Honourable Marquess CGJ
Vice Chancellor


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Offline CGJ

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Re: Constitution of the Independent Order
« Reply #1 on: April 03, 2018, 07:07:44 PM »
Quote from: Former constitution
Constitution of the Independent Order


WHEREAS the members of the Independent Order have, after due time and consideration, determined that there shall exist a single Constitution with supreme authority over all laws,

BE IT ENACTED by Her Excellency the Grand Chancellor, by and with the advice and consent of the Regional Assembly, and by the authority of the same, as follows:

Article One: The Chancellery

(1) The Grand Chancellor shall be the Head of State of The Independent Order and Commander-in-Chief of the Armed Forces of The Independent Order.

(2) The Grand Chancellor shall be responsible for:
  • Ensuring the safety and stability of The Independent Order;
  • Organising Premier elections and referenda, as defined by law;
  • Inducting, by means of Writ, members of the region into the Regional Nobility;
  • Administering the forum, the official chatroom of the region, the NationStates region, and any other official off-forum locations;
  • Advising members of the executive, judiciary and legislature, where requested;
  • Exercising authority arising from Order legislation, including this Constitution, where required;
  • Delegating their authority, where required or defined by law.
   
(3) Where required, and where defined by law, the Grand Chancellor may exercise authority through Orders of the Chancellery (‘by Order’).

(4) The Grand Chancellor may be recalled following a vote of two-thirds of the Regional Assembly and a referendum of all members of the Independent Order, as defined by law. Should a Grand Chancellor be recalled, then an Act of the Assembly shall be required to appoint a replacement.

Article Two: The Executive

(5) The Premier shall be the Head of Government of the Independent Order.

(6) The Premier shall be elected by all eligible members of the Independent Order for a term of 65 days. An eligible member is one who has been a member of the Independent Order for a minimum of two weeks (14 days) and has made six non-spam posts on the forum.

(7) Elections for the Premier shall consist of a nomination period of seventy-two hours, followed by a voting period of forty-eight hours. These shall run consecutively during the final five days of the Premier term, or following the removal of a Premier.

(8) To stand for election as Premier a candidate must have been a member of The Independent Order for a period of forty-five days and have made a minimum of twenty non-spam posts on the forum. They must also post a manifesto introducing themselves to the region and outlining their plans for their time in office. A Premier may not serve more than two consecutive terms, unless, at the end of their term, there are no nominations in the election, in which case the incumbent retains the position for a further term.

(9) The Premier shall appoint a Cabinet to serve and advise them, consisting of a Vice Premier and Ministers of the Order. The Premier shall be required, when appointing a Minister, to outline their duties, responsibilities and expectations. The Vice Premier shall, for legislative purposes, be considered a Minister.

(10) The Premier and Vice Premier may occupy other ministerial positions in addition to their regular duties.

(11) The Premier, Vice Premier, and Ministers of the Order shall be required to provide an open topic in their respective forum to allow members to raise concerns, ask questions and propose ideas. Due regard must be given to such members, and an official response must be issued within fourteen days.

(12) Where required, and where defined by law, the Premier and Ministers of the Order may exercise authority through an Order of the Executive (‘by Executive Order’). The Premier may annul Executive Orders issued by other members of the Cabinet.

(13) The Premier may be removed by a motion of no confidence in the Regional Assembly.

Article Three: The Regional Assembly

(14) Legislative authority, including roleplay matters, shall be vested in the Regional Assembly of the Independent Order.

(15) The Regional Assembly shall be open to all eligible members of the Independent Order, as defined by law.

(16) The Regional Assembly shall elect a Speaker for an indefinite term, removable by a motion of no confidence, who shall:
  • Be responsible for chairing debates;
  • Administer the legislative process, as defined by law;
  • Exercise any authority arising from legislation;
  • Not be the Premier, Vice Premier, a Minister of the Order, the Lord Chief Justice or a member of the Chancellery;
  • Have been a member of The Independent Order for a period of twenty days and have made a minimum of twenty non-spam posts on the forum; and
  • Appoint a Deputy, who shall not be the Premier, Lord Chief Justice or a member of the Chancellery.

(17) The Regional Assembly shall be responsible for creating, amending and repealing laws, including this Constitution. All Acts or Motions for debate must be submitted to the Regional Assembly docket, after which the Speaker shall move the matter to the Assembly floor.

(18) All debates must last a minimum of 72 hours, after which any Assembly Member may motion that the matter be moved to vote. Should the motion receive two seconds, the Speaker shall move the matter to vote. All votes in the Regional Assembly shall last 48 hours, be administered by the Speaker and, for matters not otherwise listed, a simple majority shall rule. Where the vote is tied, the Speaker shall have the deciding vote.

(19) All Acts of the Assembly shall require the signature of the Grand Chancellor. Should the Grand Chancellor refuse assent to a bill, then the Speaker shall open a new vote in the Assembly. Should the proposed Act receive the support of at least two-thirds of members, then the Act shall become law.

(20) Should an Act of the Assembly seek to amend this Constitution, the Roleplay Rules of the Independent Order or the Criminal Code of the Independent Order, it shall require the support of at least two-thirds of the Assembly, and the assent of the Grand Chancellor. Should the Grand Chancellor refuse assent, the matter shall shall be determined by a referendum of all members of the Independent Order.

Article Four: The Roleplay Magistrate

(21) There shall be a Roleplay Magistrate responsible for the enforcement of roleplay rules.

(22) The Roleplay Magistrate shall be appointed by the Grand Chancellor with the advice and consent of the Premier and Regional Assembly, for an indefinite term. The Roleplay Magistrate may be dismissed by the Grand Chancellor, with the consent of the Assembly.

(23) The Roleplay Magistrate shall:
  • Appoint a Deputy Magistrate;
  • Enforce the Roleplay Rules;
  • Advise the Regional Assembly on matters regarding the Roleplay Rules;
  • Fulfil any responsibilities arising from legislation;
  • Recommend awards to be issued by the Grand Chancellor to members of the Independent Order who have produced outstanding pieces of work; and
  • Limit the rights of offending members by means of an Order of the Roleplay Magistrate (a ‘Roleplay Order’).

(24) When enforcing the Roleplay Rules, the Roleplay Magistrate must:
  • Act objectively and impartially, and at no point may seek to advantage their own roleplay position;
  • Seek to take all reasonable steps to resolve a conflict both privately and publicly;
  • Publish records of any formal rulings they make in the appropriate forum, detailing the nature of the issue, the rule broken, the steps taken to resolve it and the resolution of the issue; and
  • Only issue a Roleplay Order against a member after all other reasonable steps have been taken to resolve the matter.

Article Five: The Judiciary

(25) The Judiciary shall be headed by the Lord Chief Justice.

(26) The Lord Chief Justice shall be appointed by the Grand Chancellor, with the advice of the Premier and consent of the Regional Assembly, for an indefinite term. The Lord Chief Justice may be dismissed by the Grand Chancellor, with the advice and consent of the Premier.

(27) The Lord Chief Justice shall be responsible for:
  • Training Judges and Advocates;
  • Advising the Chancellery, Executive, Regional Assembly and Roleplay Magistrate on points of law;
  • Investigating complaints originating outside the Regional Roleplay and determining a reasonable action;
  • Fulfilling any responsibilities arising from legislation;
  • Conducting judicial reviews where it is suspected that any member or institution of the government has acted ultra vires, as defined by law;
  • Hearing appeals from the Roleplay Magistrate on matters regarding Regional Roleplay, as determined by law;
  • Monitoring all elections to ensure that they are free and fair; and
  • Ensuring that all areas of the government comply with all legislation.

(28) Should the Lord Chief Justice determine that a body has acted ultra vires, or that elections were not free and fair, they may issue an Order of the Judiciary (‘Judicial Order’) to remedy the matter, as defined by law.

Article Six: Miscellaneous Provisions

(29) The Constitution and the Criminal Code (2013) shall extend fully to all parts Independent Order, including the forum, NationStates region, official chatroom and any official off-forum locations. Additionally:   
The Zetaboards Terms of Service and Terms of Use shall be considered part of this constitution, as defined by law;
Where reference is made in law to a previous Charter or Constitution of the Independent Order, it shall be deemed to be referring to this Constitution; and
The Regional Assembly shall, where a matter arising in this constitution requires a definition in law, enact such legislation if necessary for the stable operation the constitution.   

(30) If any individual in a position established by this Constitution, with the exception of members of the Regional Assembly, fails to log in to the forum for a period of fourteen days without posting a Leave of Absence they shall be deemed as having vacated their position. Vacancies, including those arising from resignation, shall be filled:
  • Where a deputy or vice exists, by said deputy or vice; or
  • Where no such deputy or vice exists, or if the deputy or vice has also gone inactive, by the usual procedures specified in this Constitution and otherwise by law.

Explanatory note (not part of Constitution)

This constitution replaces the existing Charter of the Independent Order. It sets out that the Grand Chancellor will be the head of state and commander-in-chief, and will have certain (mostly ceremonial) functions + forum administrative powers. There is also the Premier (the Head of Government) who will be elected every 65 days and can appoint minister, propose legislation, etc. The Regional Assembly maintains its current powers, but adds to it all the powers of the Roleplay Council. It includes a whole new section in the Roleplay Magistrate, who is responsible for enforcing the RP rules. Finally, it includes the Lord Chief Justice, who is responsible for enforcing general law, appeals and judicial review. The new constitution applies everywhere the light touches.
The Most Honourable Marquess CGJ
Vice Chancellor


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Offline CGJ

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Re: Constitution of the Independent Order
« Reply #2 on: April 03, 2018, 07:08:20 PM »
Quote from: Constitutional Amendment Act (2018)
Constitutional Amendment Act (2018)

An act to amend the Constitution to abolish the Premier and the Regional Assembly, enhance the powers of the Grand Chancellor, provide protections for members during the enactment of legislation, and for connected purposes.

WHEREAS the members of the Independent Order have, after due time and consideration, determined that there shall exist a single Constitution with supreme authority over all laws,

AND WHEREAS said members believe such Constitution has, since its enactment, failed to increase activity with regional governance or gameplay, and therefore believes significant amendments are required,

BE IT THEREFORE ENACTED by Her Excellency the Grand Chancellor, by and with the advice and consent of the Regional Assembly, and by the authority of the same, as follows:

Amendments

(1) After subsection 2a, insert:
“(b) Making any such enactments required for the peace, order and good government in the region;
(c) Appointing Ministers, the Lord Chief Justice and the Roleplay Magistrate, and any other formal positions, where required;”

(2) In subsection 2b, omit ‘Premier elections and’.

(3) Section (3) shall be repealed.

(4) Section (4) shall be amended as follows:
“(4) The Grand Chancellor may be recalled following a referendum of all eligible members of the Independent Order, as defined by law. Should a Grand Chancellor be recalled, then an Constitutional Convention shall be required to appoint a replacement.”

(5) Article Two, including sections 5-13, shall be replaced with:
“Article Two: Legislation

(5) The Grand Chancellor may enact any legislation, including amendments to the Constitution, Criminal Code and Roleplay Rules.

(6) Any enactment made shall be known as Acts of the Chancellory.

(7) The Grand Chancellor must, when seeking to make such legislative changes, publicly post, and announce on Discord, the regional message board and any other relevant areas, the proposed Act in the Conference Hall.

(8) The Act must remain in the Conference Hall, open for public debate or opposition, for a minimum of 72 hours, unless such an Act would amend the Constitution, Criminal Code, Emergency Procedures or Roleplay Rules, where it must be open for at least 96 hours.

(9) No Act amending the Roleplay Rules proposed initially by the Grand Chancellor may be enacted without the advice and consent of the Roleplay Magistrate, except where the enactment is approved by a referendum of eligible members.

(10) Any eligible member may petition in the Conference Hall thread to block an Act. Should the petition receive two further signatures from eligible members while the Act is in the Conference Hall, then the Act shall be subject to referendum of all eligible members.

(11) Any eligible member may bring forward their own legislation and, with the support of four further eligible members, require the Bill to be brought to a referendum of all eligible members.

(12) The Grand Chancellor may, where authorised or required by law to do so, issue a statutory instrument known as an Order of the Chancellory (herein ‘Order’). No Order shall need prior approval, however, any eligible member may bring forward, to the Conference Hall, a petition to repeal the Order. Should the petition receive four further signatures from eligible members, then the Order must be withdrawn.”

(6) Article Three, including sections 14-20, shall be repealed.

(7) Section (22) shall be amended as follows:
“(22) The Roleplay Magistrate shall be appointed by the Grand Chancellor for an indefinite term. The Roleplay Magistrate may be dismissed by the Grand Chancellor, or may be recalled following a referendum of all eligible members of the Independent Order, as defined by law.”

(8) In subsection (23c), omit ‘Regional Assembly’ and insert ‘Grand Chancellor’.

(9) Section (26) shall be amended as follows:
“(26) The Lord Chief Justice shall be appointed by the Grand Chancellor for an indefinite term. The Lord Chief Justice may be dismissed by the Grand Chancellor, or may be recalled following a referendum of all eligible members of the Independent Order, as defined by law.”

(10) In subsection (27b), omit ‘, Executive, Regional Assembly’.

(11) After subsection (27b), insert:
“(c) Ensuring all Acts and Orders of the Chancellory are made in compliance, and are themselves compliant, with the Constitution, Criminal Code and Roleplay Rules.”

(12) In section (29), omit ‘Regional Assembly’ and insert ‘Grand Chancellor’.

(13) In section (29), omit ‘Zetaboards Terms of Service and Terms of Use’ and insert ‘Forum Terms of Service’.

(14) In section (30), omit ‘, with the exception of members of the Regional Assembly.’

(15) After section (30), insert:
“(31) An eligible member is one who has been a member of the forum for a period of at least 45 days, has made more than 20 non-spam posts on the forum, and is not serving any form of sentence under the Criminal Code (2013) or the Forum Terms of Service Act (2015).”

Consequential provisions

(16) All previous Acts of the Assembly shall henceforth be known as Acts of the Chancellory.

(17) Any power, authority or responsibility derived from other statutes for the Premier or Regional Assembly shall henceforth be considered powers of the Grand Chancellor.

(18) Existing Orders of the Executive (herein ‘Executive Orders’) shall remain in force, however the power to make such Executive Orders shall be depreciated and vested in the Grand Chancellor’s power to make Orders.

(19) The Grand Chancellor shall, by Order, amend the explanatory note of the Constitution to bring it in to line with the Constitution as amended by this Act. This must be done within 6 months of this Act coming in to force.

(20) All article and section numbers in the Constitution shall be renumbered accordingly.

Explanatory note (not part of Act)

This Act is a major rewriting of the Constitution. It repels Articles 2 and 3 to abolish the Premier and the Regional Assembly. It replaces it by empowering the Grand Chancellor to make ‘any such enactments required for the peace, order and good governance of the region.’ It states that when the GC wants to enact a law, it must be posted in the Conference Hall for 72 hours (96 for Constitutional amendments, Criminal Code and RP Rule amendments) and empowers members to oppose bills/present their own.
The Most Honourable Marquess CGJ
Vice Chancellor


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