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Amerion
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(11-30-2018, 08:45 AM)Amerion Wrote: TGF.01
This correction was originally published here. It has been reproduced in this thread for record-keeping purposes. Please note that the three day consultation period is based on the original thread.
INFORMATION:
Legislation: Elections Act
Article and Section number (if applicable): Article 2, Section 3
ORIGINAL TEXT:
(3) Voters will have the option to cast their privately vote using a secret ballot. The method of private voting will be selected by the Election Commission. The method must utilize an unaffiliated account or server, with the method and all votes remaining available for audit. Named ballots are not to be released under any circumstances.
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AMENDED TEXT:
(3) Voters will have the option to cast their privately vote using a secret ballot. The method of private voting will be selected by the Election Commission. The method must utilize an unaffiliated account or server, with the method and all votes remaining available for audit. Named ballots are not to be released under any circumstances.
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Please be advised that the correction has taken effect.
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Amerion
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This is an amended form of the proposed corrections. It has undergone revision based on the feedback received. The original correction is available here.
Please note that while the original timeline was for these changes to take effect yesterday, as I have just only published the revised version, I will wait another 24 hours before applying the changes in case there is further debate.
TGF.02
INFORMATION:
Legislation: Criminal Code
Article and Section number (if applicable): N/A (Multiple amendments)
ORIGINAL TEXT:
Criminal Code
An act laying out crimes against the Coalition and their punishments
1. Crimes
(1) Treason shall be defined as plotting against the Coalition, seeking to lower the delegate's endorsement count without his or her consent, breaking the endorsement cap after receiving an official warning, aiding any entity which the Coalition is taking defensive action against, or any entity against which a state of war exists.
(2) Identity fraud shall be defined as a deception made of one's self, or knowingly abetting in another's claims to a false identity, wherein this fraud threatens the security of The South Pacific, or circumvents the laws and legal processes of The South Pacific.
(3) Espionage shall be defined as an act of or attempt to obtain information that is confidential or not made publicly available for use by oneself or an entity one represents. Distribution of private information that originates in official South Pacific discussion areas, excluding private messages, without the express written permission of the relevant officials or institutions shall be considered Espionage.
a. The Chair of the Assembly shall be the relevant official for information from private discussions of the Assembly.
b. The Council on Regional Security shall be the relevant institution for information from private discussions of the Council.
c. The High Court shall be the relevant institution for information from private discussions of the High Court.
d. The Cabinet shall be the relevant institution for all other private information that originates in official South Pacific discussion areas.
(4) Blackmail shall be defined as demanding private gains from a player in return for not revealing compromising or injurious information.
(5) Contempt of Court shall be defined as a deliberate perversion of the justice system - conduct which prevents the judiciary from reaching a true and just result.
(6) Organised crime shall be defined as involvement in a group or association with the intent of committing an unlawful act in The South Pacific.
(7) Corruption shall be defined as the misuse of public office for private or personal advantage.
(8) Electoral Fraud shall be defined as a manipulation of the democratic process in The South Pacific, wherein an organised body of abettors conspire to obtain legislator status with the intent to vote for private or personal advantage.
(9) Extortion shall be defined as the threatening of any individual in order to influence behavior that the recipient would otherwise not alter.
(9) Defamation shall be defined as the communication of false or grossly misleading information about an individual to a recipient, for the purposes of damaging the standing of that individual and done so with a reckless disregard for its factual accuracy.
(10) Bribery shall be defined as the receiving or offering of undue support by or to any individual in order to influence behavior that the recipient would otherwise not alter.
(10) Vexatious Charges shall be defined as the filing of criminal charges against another player despite the filing party's knowledge that that said charges were meritless, frivolous, repetitive, and/or burdensome.
(11) Conduct violations shall be defined as breaking in-game NationStates rules.
2. Punishments
(1) If found guilty of an act of treason, the offending nation will be immediately banned from the in-game region and offsite forums.
(2) Conduct violations are punishable by immediate ejection and banishment from the region, albeit punished parties may appeal this decision to the court. In most cases, nations that appeal the decision and apologize should expect to have their ban lifted.
(3) If found guilty of any other crime listed above, the Judiciary will determine a sentence. The sentence must be proportionate to the offense.
3. Parole
(1) After serving at least one year of a ban from the region and/or the regional forum, convicts may apply for parole to a parole board.
a. Said parole board shall consist of the senior most member of the Council on Regional Security, the Chief Justice of the High Court, and the Chair of the Assembly.
b. The parole board may decide to recommend parole to convicts, provided a majority of its members support this motion; this decision should consider the security of the region and the genuine willingness of the convict to reform their behavior.
c. If parole is granted, the regional and/or forum ban shall be revoked and the individual shall be allowed to reside in The South Pacific.
(2) After six months of residency, the individual may apply for legislator status, albeit with a prohibition on holding office.
(3) While on parole, the special parole board can decide at any time, by majority vote, to revoke an individual’s parole; this decision should consider the security of the region and the contributions of the individual to the region.
(4) After six months of legislator status, the individual may apply to the parole board for the prohibition on holding office to be lifted. The parole board can grant this motion, provided a majority of the board supports – and in doing so, the individual will no longer be held under any conditions of parole.
(5) At each point of the parole process, prior to the parole board's decision, the Assembly shall be informed of a request and legislators shall be allotted one week to formally present briefs to the parole board regarding to the convicted, their past crimes and the appropriateness of parole.
(6) Changes to the parole system shall not affect the current status of parolees, although any new procedure shall be followed hereafter.
4. Prohibited Regions and Organizations
(1) The Cabinet or the Council on Regional Security (“CRS”) may request the Assembly designate foreign regions and organizations deemed hostile to The South Pacific as Prohibited Groups. Such requests must be accompanied with a report detailing those activities that meet the definitions of hostility detailed in clause 2 of this Article.
(2) For the purposes of this article, hostility shall constitute foreign regions or organizations that--
a. Were actively involved and complicit in an attempt, successful or otherwise, to illegally overthrow the legitimate government of The South Pacific;
b. Have coordinated efforts to directly exploit the elections or Assembly of The South Pacific;
c. Groups that have engaged in or have attempted to engage in coordinated espionage against The South Pacific government or military;
d. Groups that have or have attempted to sabotage The South Pacific's military operations.
(3) For the purposes of this article, being on opposite sides of a military engagement, provided the target-region is not an ally or a region that The South Pacific is at war with, shall not constitute sabotage of The South Pacific's military operations.
(4) Membership in a designated Prohibited Group is prohibited within The South Pacific and grounds for revocation of legislator status.
a. A seven day grace period will be allowed for renunciation of membership in the Prohibited Group.
b. The seven days grace period begins immediately after the notification of the legislator in question that they are a member of a Prohibited Group by the Prime Minister or a member of the CRS.
(5) Any individual whose legislator status has been revoked for membership in a designated Prohibited Group may contest their membership in the Prohibited Group to the High Court within 7 days of their legislator status being revoked.
a. The High Court shall uphold the revocation of legislator status if the individual is found to have been a member of a designated Prohibited Group at the time of revocation.
b. The High Court shall reinstate legislator status if the individual is found not to have been a member of a designated Prohibited Group at the time of revocation.
(6) Applicants for legislator status who are members of a designated Prohibited Group shall not be granted such status unless they renounce membership in the Prohibited Group.
(7) Membership in a designated Prohibited Group does not constitute a criminal offense; failure to disclose such membership shall constitute fraud.
(8) Regions at war with The South Pacific or with which The South Pacific is at war shall be automatically considered Prohibited Groups.
a. The Assembly may further designate Prohibited Groups via a vote with a 60% majority in favor, should the Cabinet or the CRS request such a designation.
(9) The Assembly may rescind a Prohibited Group designation via a vote with a 60% majority in favor.
(10) The following regions and organizations are deemed Prohibited Groups within The South Pacific--
a. The Empire
(11) The Chair of the Assembly shall update clause 10 of this article to reflect The South Pacific's current Prohibited Groups. |
AMENDED TEXT:
Criminal Code
[Insert a paragraph gap here]
An act laying out crimes against the Coalition and their punishments
1. Crimes
(1) Treason shall be defined as plotting against the Coalition, seeking to lower the delegate's Delegate's endorsement count without his or her consent, breaking the endorsement cap after receiving an official warning, aiding any entity which the Coalition is taking defensive action against, or any entity against which a state of war exists.
[Reason: The Charter (VII.) capitalises 'delegate', hence, for consistency purposes, the position should be capitalised in this inferior piece of legislation.]
(2) Identity fraud shall be defined as a deception made of one's self, or knowingly abetting in another's claims to a false identity, wherein this fraud threatens the security of The South Pacific, or circumvents the laws and legal processes of The South Pacific.
(3) Espionage shall be defined as an act of or attempt to obtain information that is confidential or not made publicly available for use by oneself or an entity one represents. Distribution of private information that originates in official South Pacific discussion areas, excluding private messages, without the express written permission of the relevant officials or institutions shall be considered Espionage.
a. The Chair of the Assembly shall be the relevant official for information from private discussions of the Assembly.
b. The Council on Regional Security shall be the relevant institution for information from private discussions of the Council.
c. The High Court shall be the relevant institution for information from private discussions of the High Court.
d. The Cabinet shall be the relevant institution for all other private information that originates in official South Pacific discussion areas.
(4) Blackmail shall be defined as demanding private gains from a player in return for not revealing compromising or injurious information.
(5) Contempt of Court shall be defined as a deliberate perversion of the justice system - conduct which prevents the judiciary Judiciary from reaching a true and just result.
[Reason: The Charter (VI., 4) capitalises 'executive', hence, for consistency purposes, terms of the other branches of government should be capitalised.]
(6) Organised crime shall be defined as involvement in a group or association with the intent of committing an unlawful act in The South Pacific.
(7) Corruption shall be defined as the misuse of public office for private or personal advantage.
(8) Electoral Fraud shall be defined as a manipulation of the democratic process in The South Pacific, wherein an organised body of abettors conspire to obtain legislator status with the intent to vote for private or personal advantage.
(9) Extortion shall be defined as the threatening of any individual in order to influence behavior that the recipient would otherwise not alter.
(9) (10) Defamation shall be defined as the communication of false or grossly misleading information about an individual to a recipient, for the purposes of damaging the standing of that individual and done so with a reckless disregard for its factual accuracy.
(10) (11) Bribery shall be defined as the receiving or offering of undue support by or to any individual in order to influence behavior that the recipient would otherwise not alter.
(10) (12) Vexatious Charges shall be defined as the filing of criminal charges against another player despite the filing party's knowledge that that said charges were meritless, frivolous, repetitive, and/or burdensome.
[Reason: The word, 'that', is repeated in the text.]
(11) (13) Conduct violations shall be defined as breaking in-game NationStates rules.
2. Punishments
(1) If found guilty of an act of treason, the offending nation will be immediately banned from the in-game region and offsite forums.
[Insert a paragraph gap here]
(2) Conduct violations are punishable by immediate ejection and banishment from the region, albeit punished parties may appeal this decision to the court High Court. In most cases, nations that appeal the decision and apologize should expect to have their ban lifted.
[Reason: For consistency purposes, and in keeping with The Charter (VII.) preference for the long-form title of the Court.]
(3) If found guilty of any other crime listed above, the Judiciary will determine a sentence. The sentence must be proportionate to the offense.
3. Parole
(1) After serving at least one year of a ban from the region and/or the regional forum, convicts may apply for parole to a parole board.
a. Said parole board shall consist of the senior most member of the Council on Regional Security, the Chief Justice of the High Court, and the Chair of the Assembly.
b. The parole board may decide to recommend parole to convicts, provided a majority of its members support this motion; this decision should consider the security of the region and the genuine willingness of the convict to reform their behavior.
c. If parole is granted, the regional and/or forum ban shall be revoked and the individual shall be allowed to reside in The South Pacific.
(2) After six months of residency, the individual may apply for legislator status, albeit with a prohibition on holding office.
(3) While on parole, the special parole board can decide at any time, by majority vote, to revoke an individual’s parole; this decision should consider the security of the region and the contributions of the individual to the region.
(4) After six months of legislator status, the individual may apply to the parole board for the prohibition on holding office to be lifted. The parole board can grant this motion, provided a majority of the board supports – and in doing so, the individual will no longer be held under any conditions of parole.
(5) At each point of the parole process, prior to the parole board's decision, the Assembly shall be informed of a request and legislators shall be allotted one week to formally present briefs to the parole board regarding to the convicted, their past crimes and the appropriateness of parole.
[Reason: The word, 'to', is unnecessary.]
(6) Changes to the parole system shall not affect the current status of parolees, although any new procedure shall be followed hereafter.
4. Prohibited Regions and Organizations
(1) The Cabinet or the Council on Regional Security (“CRS”) may request the Assembly designate foreign regions and organizations deemed hostile to The South Pacific as Prohibited Groups. Such requests must be accompanied with a report detailing those activities that meet the definitions of hostility detailed in clause Section 2 of this Article.
[Reason #1: The abbreviation of the Council on Regional Security is peculiar considering numerous past instances when the full term was applied in the text.]
[Reason #2: The High Court uses the term 'Section' rather than 'Clause' (see: HCCC1801, HCRR1803, and HCLQ1804). For consistency purposes, this will be the terminology used in legislation]
(2) For the purposes of this article, hostility shall constitute foreign regions or organizations that--
a. Were actively involved and complicit in an attempt, successful or otherwise, to illegally overthrow the legitimate government of The South Pacific;
b. Have coordinated efforts to directly exploit the elections or Assembly of The South Pacific;
c. Groups that have engaged in or have attempted to engage in coordinated espionage against The South Pacific 's government or military;
[Reason: Added an apostrophe to indicate a possessive case.]
d. Groups that have or have attempted to sabotage The South Pacific's military operations.
(3) For the purposes of this article, being on opposite sides of a military engagement, provided the target-region is not an ally or a region that The South Pacific is at war with, shall not constitute sabotage of The South Pacific's military operations.
(4) Membership in a designated Prohibited Group is prohibited within The South Pacific and grounds for revocation of legislator Legislator status.
a. A seven day grace period will be allowed for renunciation of membership in the Prohibited Group.
b. The seven days grace period begins immediately after the notification of the legislator in question that they are a member of a Prohibited Group by the Prime Minister or a member of the CRS Council on Regional Security.
[Reason: The abbreviation of the Council on Regional Security is removed for consistency purpose.]
(5) Any individual whose legislator Legislator status has been revoked for membership in a designated Prohibited Group may contest their membership in the Prohibited Group to the High Court within 7 days of their legislator status being revoked.
a. The High Court shall uphold the revocation of legislator Legislator status if the individual is found to have been a member of a designated Prohibited Group at the time of revocation.
b. The High Court shall reinstate legislator Legislator status if the individual is found not to have been a member of a designated Prohibited Group at the time of revocation.
(6) Applicants for legislator Legislator status who are members of a designated Prohibited Group shall not be granted such status unless they renounce membership in the Prohibited Group.
[Reason for the above changes: The Charter (V., 2) capitalises 'legislator' when used to mean 'legislator status', hence, for consistency purposes, this term should be capitalised in this inferior piece of legislation.]
(7) Membership in a designated Prohibited Group does not constitute a criminal offense; failure to disclose such membership shall constitute fraud.
(8) Regions at war with The South Pacific or with which The South Pacific is at war shall be automatically considered Prohibited Groups.
a. The Assembly may further designate Prohibited Groups via a vote with a 60% majority in favor, should the Cabinet or the CRS Council on Regional Security request such a designation.
[Reason: The abbreviation of the Council on Regional Security is removed for consistency purpose.]
(9) The Assembly may rescind a Prohibited Group designation via a vote with a 60% majority in favor.
[Insert a paragraph gap here]
(10) The following regions and organizations are deemed Prohibited Groups within The South Pacific--
a. The Empire
(11) The Chair of the Assembly shall update clause 10 of this article to reflect The South Pacific's current Prohibited Groups. |
ADDITIONAL AMENDMENT:
The code for the original text relies heavily on the colour tag for #333333. This tag is used in every line of code. I propose that this colour tag be stricken from the post.
Code: [align=center][b][color=#333333]Criminal Code[/color][/b][/align]
[align=center][color=#333333][i]An act laying out crimes against the Coalition and their punishments[/i][/color][/align]
[color=#333333][b]1. Crimes[/b][/color]
[color=#333333](1) Treason shall be defined as plotting against the Coalition, seeking to lower the delegate's endorsement count without his or her consent, breaking the endorsement cap after receiving an official warning, aiding any entity which the Coalition is taking defensive action against, or any entity against which a state of war exists.[/color]
[color=#333333](2) Identity fraud shall be defined as a deception made of one's self, or knowingly abetting in another's claims to a false identity, wherein this fraud threatens the security of The South Pacific, or circumvents the laws and legal processes of The South Pacific.[/color]
[color=#333333](3) Espionage shall be defined as an act of or attempt to obtain information that is confidential or not made publicly available for use by oneself or an entity one represents. Distribution of private information that originates in official South Pacific discussion areas, excluding private messages, without the express written permission of the relevant officials or institutions shall be considered Espionage.[/color]
[color=#333333]a. The Chair of the Assembly shall be the relevant official for information from private discussions of the Assembly.[/color]
[color=#333333]b. The Council on Regional Security shall be the relevant institution for information from private discussions of the Council.[/color]
[color=#333333]c. The High Court shall be the relevant institution for information from private discussions of the High Court.[/color]
[color=#333333]d. The Cabinet shall be the relevant institution for all other private information that originates in official South Pacific discussion areas.[/color]
[color=#333333](4) Blackmail shall be defined as demanding private gains from a player in return for not revealing compromising or injurious information.[/color]
[color=#333333](5) Contempt of Court shall be defined as a deliberate perversion of the justice system - conduct which prevents the judiciary from reaching a true and just result.[/color]
[color=#333333](6) Organised crime shall be defined as involvement in a group or association with the intent of committing an unlawful act in The South Pacific.[/color]
[color=#333333](7) Corruption shall be defined as the misuse of public office for private or personal advantage.[/color]
[color=#333333](8) Electoral Fraud shall be defined as a manipulation of the democratic process in The South Pacific, wherein an organised body of abettors conspire to obtain legislator status with the intent to vote for private or personal advantage.[/color]
...
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(This post was last modified: 12-04-2018, 05:08 AM by Amerion.)
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Amerion
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(12-04-2018, 05:00 AM)Amerion Wrote: TGF.02
INFORMATION:
Legislation: Criminal Code
Article and Section number (if applicable): N/A (Multiple amendments)
...
Please be advised that the correction has taken effect.
(12-04-2018, 04:41 AM)Amerion Wrote: (11-30-2018, 08:45 AM)Amerion Wrote: TGF.01
This correction was originally published here. It has been reproduced in this thread for record-keeping purposes. Please note that the three day consultation period is based on the original thread.
INFORMATION:
Legislation: Elections Act
Article and Section number (if applicable): Article 2, Section 3
ORIGINAL TEXT:
(3) Voters will have the option to cast their privately vote using a secret ballot. The method of private voting will be selected by the Election Commission. The method must utilize an unaffiliated account or server, with the method and all votes remaining available for audit. Named ballots are not to be released under any circumstances.
| AMENDED TEXT:
(3) Voters will have the option to cast their privately vote using a secret ballot. The method of private voting will be selected by the Election Commission. The method must utilize an unaffiliated account or server, with the method and all votes remaining available for audit. Named ballots are not to be released under any circumstances.
|
Please be advised that the correction has taken effect.
I just realized now that what the sentence was supposed to say was "...option to cast their vote privately using a secret ballot..."
The Sakhalinsk Empire, Legislator of the South Pacific
Currently a citizen and legislator of TSP. I am active as Sverigesriket in Europe.
Complete Conflict of Interest
Arguably, the word 'privately' was redundant...
Founder of the Church of the South Pacific [ Forum Thread] [ Discord], a safe place to discuss spirituality for people of all faiths and none (currently looking for those interested in prayer and/or "home" groups);
And The Silicon Pens [ Discord], a writer's group for the South Pacific and beyond!
Yahweo usenneo ir varleo, ihraneo jurlaweo hraseu seu, ir jiweveo arladi.
Salma 145:8
The LORD is gracious and compassionate, slow to anger and rich in love.
Psalm 145: 8
(12-08-2018, 10:35 AM)Seraph Wrote: Arguably, the word 'privately' was redundant...
Sort of, but also not really.
The Sakhalinsk Empire, Legislator of the South Pacific
Currently a citizen and legislator of TSP. I am active as Sverigesriket in Europe.
Complete Conflict of Interest
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Amerion
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TGF.03
INFORMATION:
Legislation: Charter
Article and Section number (if applicable): N/A (Multiple amendments)
ORIGINAL TEXT:
The Charter of The South Pacific
Preamble
The Assembly of the Coalition of The South Pacific, representing our diverse community, convenes to establish this fundamental law of our region, to uphold democratic principles and rights, and provide for the security of our unified community both on the forums and in the game.
I. CONSTITUTIONAL LAWS
Defining the supreme laws of our community.
1. Laws that form the foundation of our community, are considered fundamental to governance, or otherwise are considered of great importance by the Assembly, are to be known as “constitutional laws” and marked as such.
2. Constitutional laws hold precedence and supremacy over all other laws, regulations, and policies of all branches of government.
3. This Charter is a constitutional law holding supremacy over all others, and defines the purpose of our government and its framework.
4. Any constitutional law that directly affects the game-side community or its home governance, as determined by the Chair of the Assembly, must also be debated and voted upon by the game-side community.
II. SOVEREIGNTY
Outlining the sovereignty of the Coalition and the origins of legitimacy.
1. The sovereignty of the region lies with the Coalition of The South Pacific. No other group claiming legitimacy will be recognized. The integrity of the Coalition, in its forums and the region, shall not be challenged or violated by any government official, internal dissidents, or other regions.
2. Authority and legitimacy is held jointly by the region and the forum, and the union between the two is what defines the Coalition. No illegitimate invader or usurper of the region shall be recognized.
III. RIGHTS AND FREEDOMS
Recognizing the democratic rights and freedoms of all members of the Coalition
1. All members of The South Pacific will enjoy the freedoms of expression, speech, assembly, and the press, limited only by reasonable moderation policies.
2. The right to a fair trial and defense against criminal accusations will not be abridged. No member may be subject to any bill of attainder, be tried for the same crime more than once, or be tried ex post facto.
3. No member, who had joined the region in good faith, may be banned or ejected from the in-game region without the due process of law.
4. No member may be denied the right to vote or hold office, unless prohibited by constitutional law.
5. No law may be passed by the Assembly that directly affects the activities of the in-game community, without the consent of the in-game community.
6. The High Court may strike down any general law or action that violates any right or freedom found in this Charter.
IV. THE ASSEMBLY
Establishing legislative authority in the Assembly
1. The Assembly holds supreme legislative authority in the Coalition, and is comprised of all eligible legislators.
2. The Assembly will elect a Legislator as Chair for a term lasting four months. The Chair is responsible for maintaining order and decorum, and helping guide Assembly debate into the creation of bills. If a Chair is recalled, loses Legislator status, or is otherwise not in office, a new Chair will be elected for a new term lasting four months. The Election Commission will be responsible for organizing Chair elections.
3. The Chair may appoint a deputy or deputies, to whom the Chair may publicly delegate any powers, responsibilities, or special projects of the Chair, subject to all regulations and restrictions imposed upon the Chair by law. The Chair may dismiss such deputies.
4. During an interim period in which the Chair is not in office prior to election of a new Chair, a deputy appointed by the previous Chair will serve as Acting Chair to exercise all powers and responsibilities of the Chair, subject to all regulations and restrictions imposed upon the Chair by law. In the event that more than one deputy was appointed, the most senior deputy according to order of appointment and availability will serve as Acting Chair. In the event that no deputy was appointed or is available, the Cabinet will designate a legislator to serve as Acting Chair.
Legislator Eligibility
5. A standing commission of legislators will be tasked with granting and revoking legislator status. All residents of the Coalition are eligible to attain legislator status through application. Continued legislator status requires active membership and good behaviour.
V. THE LOCAL COUNCIL
Establishing home rule for the in-game region residents
1. The Local Council will be the local government of the in-game community, composed of three or more residents of The South Pacific, and will represent the interests of all players in the region, moderate the Regional Message Board, encourage activity on the game-side, and administrate itself on issues unique to the in-game community.
2. The Local Council is entitled to self-administration within its jurisdiction on local issues, but may not pass laws or regulations that contradict this Charter or constitutional laws. To that end, the Assembly may not enact any law, nor the Cabinet deliver any directive, that is solely related to an issue local to the in-game community.
3. The Local Council may not be denied the authority to run regional polls, create and pin Dispatches, and to suppress messages on the Regional Message Board according to a standard moderation policy. However, it may not alter the regional flags or tags, and may not send out mass telegrams, without the approval of the Delegate.
4. To help promote inter-governmental relations, the Local Council may send a representative to the Assembly, whose term must not exceed the Local Council’s. The method of selection will be decided by the Local Council.
VI. THE EXECUTIVE
Establishing an executive branch consisting of the Prime Minister and the Cabinet
1. The Prime Minister will be the head of government and the leader of the Cabinet. They will be responsible for the overall coordination of executive activities, being a liaison between the government and the community, and protecting the Coalition.
2. The Cabinet will consist of ministers with the following portfolios: Foreign Affairs, Regional Affairs, and Military Affairs.
3. As leader of the Cabinet, the Prime Minister is responsible for overseeing a collective Cabinet agenda, and may give directions and instructions to the ministers. Disputes within the Cabinet are subject to majority decision and collective responsibility; where there is no majority the Prime Minister’s vote shall be the deciding one.
4. Members of the Executive are required to hold Legislator status.
Elections
5. Executive elections will be held every four months, where the Prime Minister and all Cabinet positions will be up for election.
6. The date, time, and manner of elections will be set by the Assembly in a general law.
Minister of Regional Affairs
7. The Minister of Regional Affairs will be responsible for promoting regional and forum activity, integrating new players into the forums, organizing cultural events, and communicating with the world about The South Pacific’s activities.
Minister of Foreign Affairs
8. The Minister of Foreign Affairs will be the Coalition’s chief diplomat. They will be responsible for establishing the government’s foreign policy program, communicating with allies, and coordinating with the military on foreign policy priorities when necessary.
9. The Minister of Foreign Affairs holds the sole power to initiate treaty negotiations with other regions, groups, and organizations, but may designate officers to handle those negotiations. Upon completion of a treaty negotiation, the Minister must present it to the full executive for majority approval, before submitting it to the Assembly for ratification.
10. The Minister of Foreign Affairs will be responsible for establishing standards for the creation and maintenance of consulates and embassies.
Minister of Military Affairs
11. The Minister of Military Affairs will be the civilian leader of the armed forces of the Coalition, the South Pacific Special Forces. In conjunction with a group of Generals, the Minister of Military Affairs will be responsible for the defense of the Coalition, building military activity, and conducting military operations.
12. The Minister of Military Affairs may elect to establish an intelligence office, in equal coordination with the Council on Regional Security.
Executive Authorities
13. The executive may exercise the collective authority of executive orders, by unanimous consent among the Prime Ministers and Cabinet Ministers. Executive orders may only be issued to address an immediate and pressing issue created by ambiguity or holes in a particular law, which will immediately have the effect of law.
14. Upon declaring an executive order, the order will be presented automatically to the Assembly for three days of debate, followed by a vote according to legislative rules, where it will expire and its effects be reversed if the Assembly does not incorporate it into law.
15. The Prime Minister and Cabinet Ministers may elect to appoint deputies and advisors, who will be considered junior members of the Cabinet, but will not have voting rights in any executive decision.
VII. THE DELEGATE
Establishing a head of State
1. The Delegate will be the head of state of the Coalition. They will be responsible for helping maintain the security of the region, promoting growth and activity, and serving as an advisor to the forum-side government. Barring reasonable circumstances, the Delegate will hold the in-game Delegate seat. No person may be Delegate if they have participated, in whole or in part and at any time, in any coup d'etat of the Coalition or any of its allies, excluding normal raiding, defending, or liberation efforts as part of an organized military.
2. The Delegate will work with the Local Council in moderating the Regional Message Board, fulfilling Regional Officer positions, promoting game-side activities, and representing the preferences of the game-side community.
3. The Delegate must fulfill in-game actions required by law but assigned to others, if those actions can only be taken by the person holding the in-game Delegate seat.
Elections
4. Delegate elections will be held every six months.
5. The date, time, and manner of electing the Delegate will be set by the Assembly in a general law, but must include the participation of the game-side community.
VIII. THE HIGH COURT
Creating a supreme judicial authority for the Coalition
1 The High Court will consist of one Chief Justice and a number of Associate Justices, and will hold exclusive judicial authority in the Coalition.
2. The procedure for the appointment of the justices will be defined in a general law by the Assembly.
3. Procedures for the conduct of criminal trials and civil cases will be defined in a general law by the Assembly.
Powers
4. The High Court has the power to declare any general law or regulation, Cabinet directive, Chair determination, and Local Council law or regulation, in whole or in part, void upon determination that it violates the terms of this Charter or any other constitutional law.
5. The High Court may reconcile contradictions within the Charter, constitutional laws, general laws, Cabinet directives, and Local Council laws and regulations, maintaining the least amount of disruption to the intended purposes of the contradictory parts.
6. The High Court may clarify and interpret provisions of law, when presented with a Legal Question about them.
7. The High Court holds the sole power to conduct a criminal trial.
IX. THE COUNCIL ON REGIONAL SECURITY
Establishing a central authority for protecting the Coalition’s security
1. The Council of Regional Security will be composed of experienced and trustworthy members of the Coalition, and will be responsible for monitoring and responding to regional security issues. The Council will choose a Chair as needed, who will fulfill all secretarial requirements of the Council that may arise.
Membership
2. The minimum qualifications for membership in the Council on Regional Security are: maintaining a World Assembly member nation in the The South Pacific; a Soft Power Disbursement Rating of at least 50,000, or a Regional Influence ranking of Vassal; 200 endorsements or half the endorsements of the Delegate; and having served at least six consecutive months as a legislator or two terms in the Local Council. The influence and endorsement requirements may be updated by the Council, with majority approval by the Assembly.
3. Eligible members may become members of the Council on Regional Security via two methods, either application to the Council itself, or nomination by the Delegate and Prime Minister.
4. If applying directly to the Council, applicants should explain why they are well suited to protect regional security. Applications will remain private. The Council will review the application and determine whether or not the applicant is well suited. If the application is approved, the Council will forward the nomination to the Assembly for approval via simple majority vote.
5. The Delegate and Prime Minister may jointly nominate any person meeting the requirements for membership and who are well suited to protect regional security. Prior to the nomination, the Delegate and Prime Minister will consult with the Council for their advice. To ensure collegiality and prevent dysfunction, if two-thirds of the members of the Council object to the prospective nominee’s membership, the nomination will not move forward. If no such objection exists, then the nomination will be submitted to the Assembly for approval via simple majority vote.
6. Continued membership in the Council on Regional Security is predicated upon meeting eligibility requirements. Should any member of the Council fail to meet those requirements, they will lose membership and all the powers and privileges that come with it, if they do not meet the requirements within a week of notification.
7. If a majority of the Council deems a member to be a threat to regional security, they will be suspended from the Council pending an official investigation and report to the Assembly. Following the investigation, the Assembly must vote on whether to remove or reinstate the member.
8. Participation, in whole or in part and at any time, in any coup d’etat or invasion of the Coalition or any of its allies will disqualify a prospective or sitting member from membership in the Council on Regional Security immediately and permanently. Participation in normal raiding, defending, or liberation efforts as part of an organized military will not be considered a violation of this clause.
Powers
9. The Council on Regional Security will be responsible for establishing an appropriate cap on endorsements, ensuring that such cap is not detrimental to the growth of the region. Enforcement of the endorsement cap should be done with leniency if a violator does not pose a significant risk to regional security.
10. During a coup d’etat, whether committed by outside forces, infiltrators, or duly elected officials, the Council on Regional Security may declare a state of emergency, until such a time that a legitimate government is restored. All necessary measures may be taken to defeat a coup d’etat or hostile invasion, except that the legitimate Assembly may not be suspended.
11. The Delegate must grant members of the Council on Regional Security appropriate Regional Officer powers to fulfill their duties. When there is a limited number of Regional Officer positions available, those positions must be given to the most senior Council members.
12. The Council on Regional Security, the Prime Minister, and the Delegate will establish a line of succession for the Delegate seat.
13. The Council on Regional Security shall designate an individual as Intelligence Coordinator, who must be notified of and approve all intelligence and counter-intelligence operations. The Intelligence Coordinator will be responsible for disseminating any and all intelligence to the Council on Regional Security and other bodies as needed. The Intelligence Coordinator and the Minister of Military Affairs will maintain a regional intelligence classification system, as necessary for the ensuring information security.
X. THE MILITARY
Creating an official military for the purposes of regional defense, war, and gameplay
1. The South Pacific Special Forces will be the official military forces of the Coalition. Their responsibilities will be to enact the government’s military policies abroad, foster activity for the region, and serve as a representative of the Coalition’s power and influence.
2. The military will be led by the Minister of Military Affairs, along with a corps of generals appointed by the Minister and approved by the Assembly. The Minister and general corps may establish further hierarchy, create programs, and appoint deputies as they see necessary.
3. The military may engage in offensive or defensive operations without fear of political reprisal. However, it may not colonize or annex any region without the express permission of the Cabinet and the Assembly. Nor may it destroy innocent regions. It may engage in the destruction of regions with which the Coalition is at war, and regions espousing hateful ideologies.
4. The Minister of Military Affairs will coordinate with the Minister of Foreign Affairs, to ensure that no military activities harm the government’s diplomatic affairs or public relations.
XI. RECALLS AND MOTIONS OF NO CONFIDENCE
Establishing a method to hold government government officials to account
1. Any official of the Coalition may be recalled by an Assembly resolution passed with three-fifths majority of those voting.
a. Recalls should only be initiated for dereliction of duty, abuse of authority, or violations of the law, and not for purposes of political rivalry.
b. Upon initiation, recall resolutions must be debated for three days and receive a motion and second before being put to vote.
c. Upon passage, the recalled official will immediately be removed from office.
2. A Motion of No Confidence may be initiated by the Assembly, if the members have lost faith in the effectiveness and activities of the Prime Minister and the Cabinet. Motions of No Confidence must be debated for three days and receive a motion and a second before being moved to vote. Passage requires three-fifths majority support of those voting, and triggers a special election for all cabinet offices.
XII. THE ADMINISTRATION TEAM
Creating an independent, apolitical body to manage the forums
1. The Forum Administration Team will be responsible for the technical maintenance of the forums and the integrity of the database. Administrators will not be given responsibilities of a political nature.
2. The Forum Administration Team will be responsible for the appointment and removal of its own members, except when an administrator is removed from the position following a guilty verdict in a fair trial for abuse of administrative powers. Additionally, new administrators must be approved by a majority of the Assembly before being granted administrator permissions.
3. The Forum Administration Team must create standard administration and moderation policies. These policies will be submitted to the Assembly for a one-week review and comment period before going into effect.
4. While the Forum Administration Team may appoint global moderators if needed, individual Ministers and the Chair of the Assembly primarily will be responsible for the moderation of their dedicated forums.
XIII. AMENDMENT PROCESS
Setting a procedure for amendment of the Charter and constitutional laws
1. The Assembly may amend any provision of the Charter or constitutional laws by a three-fifths supermajority. Amendments to the Charter or constitutional laws must be constitutional in nature, and amendments to the Charter must address the structure or framework of government. Bills that may exist as general laws, as determined by the Chair of the Assembly, should not be placed in the Charter or constitutional laws.
2. Any amendment to the Charter or constitutional laws that directly affects the game-side community or its home governance, as determined by the Chair of the Assembly, must also be debated and voted upon by the game-side community. Additionally, the Local Council may originate amendments to its constitutional structure, which must be debated and voted upon in the Assembly.
XIV. GREAT COUNCILS
Setting a procedure for constitutional conventions
1. When the Assembly wishes to debate the fundamental principles and structures of the Coalition, it may call a Great Council to rewrite all laws in their entirety, or establish a new state for The South Pacific.
2. A resolution establishing a Great Council may be adopted by a three-fifths supermajority of the Assembly, which must be confirmed by a majority vote of the game-side community.
3. The purpose of a Great Council is to rewrite all laws from the ground up, not merely to amend existing ones. The Assembly should use the normal amendment process for basic amendments, reserving Great Councils for a time when extreme changes are necessary and proper.
4. Any and all changes to regional law proposed by a Great Council may be adopted by a three-fifths supermajority of the Assembly, which must be confirmed by a majority vote of the game-side community.
5. If a Great Council fails to pass a new constitution and set of laws to replace the existing ones, then the existing laws will remain in place.
6. At least one year must have passed since the previous Great Council before a new one may be established. |
AMENDED TEXT:
The Charter of The South Pacific THE CHARTER OF THE SOUTH PACIFIC
[Reason: For consistency, the title of the Charter has been capitalised in its entirety as every article name was capitalised.]
Preamble
The Assembly of the Coalition of The the South Pacific, representing our diverse community, convenes to establish this fundamental law of our region, to uphold democratic principles and rights, and provide for the security of our unified community both on the forums and in the game.
[Reason: In line with modern usage of the term, the word 'The' has been changed to lower-case.]
I. CONSTITUTIONAL LAWS
Defining the supreme laws of our community.
1. Laws that form the foundation of our community, are considered fundamental to governance, or otherwise are considered of great importance by the Assembly, are to be known as “constitutional laws” and marked as such.
2. Constitutional laws hold precedence and supremacy over all other laws, regulations, and policies of all branches of government.
3. This Charter is a constitutional law holding supremacy over all others, and defines the purpose of our government and its framework.
4. Any constitutional law that directly affects the game-side gameside community or its home governance, as determined by the Chair of the Assembly, must also be debated and voted upon by the game-side gameside community.
[Reason: In line with modern usage of the term, the word ‘game-sde' has been changed to ‘gameside’.]
II. SOVEREIGNTY
Outlining the sovereignty of the Coalition and the origins of legitimacy.
1. The sovereignty of the region lies with the Coalition of The the South Pacific. No other group claiming legitimacy will be recognized. The integrity of the Coalition, in its forums and the region, shall not be challenged or violated by any government official, internal dissidents, or other regions.
[Reason: In line with modern usage of the term, the word 'The' has been changed to lower-case.]
2. Authority and legitimacy is are held jointly by the region and the forum, and the union between the two is what defines the Coalition. No illegitimate invader or usurper of the region shall be recognized.
[Reason: The word 'is' is singular and conflicts with the plural subject 'Authority and legitimacy'.]
III. RIGHTS AND FREEDOMS
Recognizing the democratic rights and freedoms of all members of the Coalition .
[Reason: For consistency, the descriptive sentence should have a full stop.]
1. All members of The the South Pacific will enjoy the freedoms of expression, speech, assembly, and the press, limited only by reasonable moderation policies.
[Reason: In line with modern usage of the term, the word 'The' has been changed to lower-case.]
2. The right to a fair trial and defense against criminal accusations will not be abridged. No member may be subject to any bill of attainder, be tried for the same crime more than once, or be tried ex post facto.
3. No member, who had joined the region in good faith, may be banned or ejected from the in-game region without the due process of law.
4. No member may be denied the right to vote or hold office, unless prohibited by constitutional law.
5. No law may be passed by the Assembly that directly affects the activities of the in-game community , without the consent of the in-game community.
[Reason: The comma is unnecessary]
6. The High Court may strike down any general law or action that violates any right or freedom found in this Charter.
IV. THE ASSEMBLY
Establishing legislative authority in the Assembly.
[Reason: For consistency, the descriptive sentence should have a full stop.]
1. The Assembly holds supreme legislative authority in the Coalition, and is comprised of all eligible legislators.
2. The Assembly will elect a Legislator as Chair for a term lasting four months. The Chair is responsible for maintaining order and decorum, and helping guide Assembly debate into the creation of bills. If a Chair is recalled, loses Legislator status, or is otherwise not in office, a new Chair will be elected for a new term lasting four months. The Election Commission will be responsible for organizing Chair elections.
3. The Chair may appoint a deputy or deputies, to whom the Chair may publicly delegate any powers, responsibilities, or special projects of the Chair, subject to all regulations and restrictions imposed upon the Chair by law. The Chair may dismiss such deputies.
4. During an interim period in which the Chair is not in office prior to the election of a new Chair, a deputy appointed by the previous Chair will serve as Acting Chair to exercise all powers and responsibilities of the Chair, subject to all regulations and restrictions imposed upon the Chair by law. In the event that more than one deputy was appointed, the most senior deputy according to the order of appointment and availability will serve as Acting Chair. In the event that no deputy was appointed or is available, the Cabinet will designate a legislator to serve as Acting Chair.
[Reason for the above changes: Both sentences requires the addition of 'the'.]
Legislator Eligibility
5. A standing commission of legislators will be tasked with granting and revoking legislator status. All residents of the Coalition are eligible to attain legislator status through an application. Continued legislator status requires active membership and good behaviour.
[Reason: The word 'application' requires a determiner before it.]
V. THE LOCAL COUNCIL
Establishing home rule for the in-game region residents.
[Reason: For consistency, the descriptive sentence should have a full stop.]
1. The Local Council will be the local government of the in-game community, composed of three or more residents of The the South Pacific, and will represent the interests of all players in the region, moderate the Regional Message Board, encourage activity on the game-side gameside, and administrate itself on issues unique to the in-game community.
[Reason #1: In line with modern usage of the term, the word 'The' has been changed to lower-case.]
[Reason #2: In line with modern usage of the term, the word ‘game-sde' has been changed to ‘gameside’.]
2. The Local Council is entitled to self-administration within its jurisdiction on local issues, but may not pass laws or regulations that contradict this Charter or constitutional laws. To that end, the Assembly may not enact any law, nor the Cabinet deliver any directive, that is solely related to an issue local to the in-game community.
3. The Local Council may not be denied the authority to run regional polls, create and pin Dispatches, and to suppress messages on the Regional Message Board according to a standard moderation policy. However, it may not alter the regional flags or tags, and may not send out mass telegrams, without the approval of the Delegate.
4. To help promote inter-governmental relations, the Local Council may send a representative to the Assembly , whose term must not exceed the Local Council’s. The method of selection will be decided by the Local Council.
[Reason: The comma is unnecessary]
VI. THE EXECUTIVE
Establishing an executive branch consisting of the Prime Minister and the Cabinet.
[Reason: For consistency, the descriptive sentence should have a full stop.]
1. The Prime Minister will be the head of government and the leader of the Cabinet. They will be responsible for the overall coordination of executive activities, being a liaison between the government and the community, and protecting the Coalition.
2. The Cabinet will consist of ministers with the following portfolios: Foreign Affairs, Regional Affairs, and Military Affairs.
3. As leader of the Cabinet, the Prime Minister is responsible for overseeing a collective Cabinet agenda, and may give directions and instructions to the ministers. Disputes within the Cabinet are subject to the majority decision and collective responsibility; where there is no majority the Prime Minister’s vote shall be the deciding one.
[Reason: The word 'majority' requires a determiner before it.]
4. Members of the Executive are required to hold Legislator status.
Elections
5. Executive elections will be held every four months, where the Prime Minister and all Cabinet positions will be up for election.
6. The date, time, and manner of elections will be set by the Assembly in a general law.
Minister of Regional Affairs
7. The Minister of Regional Affairs will be responsible for promoting regional and forum activity, integrating new players into the forums, organizing cultural events, and communicating with the world about The the South Pacific’s activities.
[Reason: In line with modern usage of the term, the word 'The' has been changed to lower-case.]
Minister of Foreign Affairs
8. The Minister of Foreign Affairs will be the Coalition’s chief diplomat. They will be responsible for establishing the government’s foreign policy program, communicating with allies, and coordinating with the military on foreign policy priorities when necessary.
9. The Minister of Foreign Affairs holds the sole power to initiate treaty negotiations with other regions, groups, and organizations, but may designate officers to handle those negotiations. Upon completion of a treaty negotiation, the Minister must present it to the full executive for majority approval, before submitting it to the Assembly for ratification.
10. The Minister of Foreign Affairs will be responsible for establishing standards for the creation and maintenance of consulates and embassies.
Minister of Military Affairs
11. The Minister of Military Affairs will be the civilian leader of the armed forces of the Coalition, the South Pacific Special Forces. In conjunction with a group of Generals, the Minister of Military Affairs will be responsible for the defense of the Coalition, building military activity, and conducting military operations.
12. The Minister of Military Affairs may elect to establish an intelligence office, in equal coordination with the Council on Regional Security.
Executive Authorities
13. The executive may exercise the collective authority of executive orders, by unanimous consent among the Prime Ministers and Cabinet Ministers. Executive orders may only be issued to address an immediate and pressing issue created by ambiguity or holes in a particular law, which will immediately have the effect of law.
14. Upon declaring an executive order, the order will be presented automatically to the Assembly for three days of debate, followed by a vote according to legislative rules, where it will expire and its effects shall be reversed if the Assembly does not incorporate it into law.
[Reason: Clarification on the word ‘be’.]
15. The Prime Minister and Cabinet Ministers may elect to appoint deputies and advisors, who will be considered junior members of the Cabinet, but will not have voting rights in any executive decision.
VII. THE DELEGATE
Establishing a head Head of State.
[Reason #1: It is odd that 'State' is capitalised when used to reference the Coalition but the person is not (see: United Nations Protocol and Liason Service.]
[Reason #2: For consistency, the descriptive sentence should have a full stop.]
1. The Delegate will be the head of state of the Coalition. They will be responsible for helping maintain the security of the region, promoting growth and activity, and serving as an advisor to the forum-side government. Barring reasonable circumstances, the Delegate will hold the in-game Delegate seat. No person may be Delegate if they have participated, in whole or in part and at any time, in any coup d'etat of the Coalition or any of its allies, excluding normal raiding, defending, or liberation efforts as part of an organized military.
2. The Delegate will work with the Local Council in moderating the Regional Message Board, fulfilling Regional Officer positions, promoting game-side gameside activities, and representing the preferences of the game-side gameside community.
[Reason for the above changes: In line with modern usage of the term, the word ‘game-sde' has been changed to ‘gameside’.]
3. The Delegate must fulfill in-game actions required by law but assigned to others , if those actions can only be taken by the person holding the in-game Delegate seat.
[Reason: The comma is unnecessary]
Elections
4. Delegate elections will be held every six months.
5. The date, time, and manner of electing the Delegate will be set by the Assembly in a general law, but must include the participation of the game-side gameside community.
[Reason: In line with modern usage of the term, the word ‘game-sde' has been changed to ‘gameside’.]
VIII. THE HIGH COURT
Creating a supreme judicial authority for the Coalition.
[Reason: For consistency, the descriptive sentence should have a full stop.]
1 The High Court will consist of one Chief Justice and a number of Associate Justices, and will hold exclusive judicial authority in the Coalition.
2. The procedure for the appointment of the justices will be defined in a general law by the Assembly.
3. Procedures for the conduct of criminal trials and civil cases will be defined in a general law by the Assembly.
Powers
4. The High Court has the power to declare any general law or regulation, Cabinet directive, Chair determination, and Local Council law or regulation, in whole or in part, void upon determination determining that it violates the terms of this Charter or any other constitutional law.
[Reason: Clarification on the word ‘determination’.]
5. The High Court may reconcile contradictions within the Charter, constitutional laws, general laws, Cabinet directives, and Local Council laws and regulations, maintaining the least amount of disruption to the intended purposes of the contradictory parts.
6. The High Court may clarify and interpret provisions of law , when presented with a Legal Question about them.
[Reason: The comma is unnecessary]
7. The High Court holds the sole power to conduct a criminal trial.
[Delete the unnecessary second paragraph gap]
IX. THE COUNCIL ON REGIONAL SECURITY
Establishing a central authority for protecting the Coalition’s security.
[Reason: For consistency, the descriptive sentence should have a full stop.]
1. The Council of on Regional Security will be composed of experienced and trustworthy members of the Coalition, and will be responsible for monitoring and responding to regional security issues. The Council will choose a Chair as needed, who will fulfill all secretarial requirements of the Council that may arise.
[Reason: The word ‘of’ should instead be ‘on’.]
Membership
2. The minimum qualifications for membership in the Council on Regional Security are: maintaining a World Assembly member nation in the The the South Pacific; a Soft Power Disbursement Rating of at least 50,000, or a Regional Influence ranking of Vassal; 200 endorsements or half the endorsements of the Delegate; and having served at least six consecutive months as a legislator or two terms in the Local Council. The influence and endorsement requirements may be updated by the Council, with majority approval by the Assembly.
[Reason: In line with modern usage of the term, the word 'The' has been changed to lower-case.]
3. Eligible members may become members of the Council on Regional Security via two methods, either application to the Council itself, or nomination by the Delegate and Prime Minister.
4. If applying directly to the Council, applicants should explain why they are well suited to protect regional security. Applications will remain private. The Council will review the application and determine whether or not the applicant is well suited. If the application is approved, the Council will forward the nomination to the Assembly for approval via a simple majority vote.
[Reason: The word 'simple' requires an article before it.]
5. The Delegate and Prime Minister may jointly nominate any person meeting the requirements for membership and who are well suited to protect regional security. Prior to the nomination, the Delegate and Prime Minister will consult with the Council for their advice. To ensure collegiality and prevent dysfunction, if two-thirds of the members of the Council object to the prospective nominee’s membership, the nomination will not move forward. If no such objection exists, then the nomination will be submitted to the Assembly for approval via simple majority vote.
6. Continued membership in the Council on Regional Security is predicated upon meeting eligibility requirements. Should any member of the Council fail to meet those requirements, they will lose membership and all the powers and privileges that come with it , if they do not meet the requirements within a week of notification.
[Reason: The comma is unnecessary]
7. If a majority of the Council deems a member to be a threat to regional security, they will be suspended from the Council pending an official investigation and report to the Assembly. Following the investigation, the Assembly must vote on whether to remove or reinstate the member.
8. Participation, in whole or in part and at any time, in any coup d’etat or invasion of the Coalition or any of its allies will disqualify a prospective or sitting member from membership in the Council on Regional Security immediately and permanently. Participation in normal raiding, defending, or liberation efforts as part of an organized military will not be considered a violation of this clause.
Powers
9. The Council on Regional Security will be responsible for establishing an appropriate cap on endorsements, ensuring that such a cap is not detrimental to the growth of the region. Enforcement of the endorsement cap should be done with leniency if a violator does not pose a significant risk to regional security.
[Reason: The word 'cap' requires an article before it.]
10. During a coup d’etat, whether committed by outside forces, infiltrators, or duly elected officials, the Council on Regional Security may declare a state of emergency, until such a time that a legitimate government is restored. All necessary measures may be taken to defeat a coup d’etat or hostile invasion, except that the legitimate Assembly may not be suspended.
11. The Delegate must grant members of the Council on Regional Security appropriate Regional Officer powers to fulfill their duties. When there is a limited number of Regional Officer positions available, those positions must be given to the most senior Council members.
12. The Council on Regional Security, the Prime Minister, and the Delegate will establish a line of succession for the Delegate seat.
13. The Council on Regional Security shall designate an individual as Intelligence Coordinator, who must be notified of and approve all intelligence and counter-intelligence operations. The Intelligence Coordinator will be responsible for disseminating any and all intelligence to the Council on Regional Security and other bodies as needed. The Intelligence Coordinator and the Minister of Military Affairs will maintain a regional intelligence classification system , as necessary for the ensuring information security.
[Reason #1: The comma is unnecessary]
[Reason #2: The word ‘the’ is incorrect]
[Delete the unnecessary second paragraph gap]
X. THE MILITARY
Creating an official military for the purposes of regional defense, war, and gameplay.
[Reason: For consistency, the descriptive sentence should have a full stop.]
1. The South Pacific Special Forces will be the official military forces of the Coalition. Their responsibilities will be to enact the government’s military policies abroad, foster activity for the region, and serve as a representative of the Coalition’s power and influence.
2. The military will be led by the Minister of Military Affairs, along with a corps of generals appointed by the Minister and approved by the Assembly. The Minister and general corps may establish further hierarchy, create programs, and appoint deputies as they see necessary.
3. The military may engage in offensive or defensive operations without fear of political reprisal. However, it may not colonize or annex any region without the express permission of the Cabinet and the Assembly. Nor may it destroy innocent regions. It may engage in the destruction of regions with which the Coalition is at war, and regions espousing hateful ideologies.
4. The Minister of Military Affairs will coordinate with the Minister of Foreign Affairs, to ensure that no military activities harm the government’s diplomatic affairs or public relations.
XI. RECALLS AND MOTIONS OF NO CONFIDENCE
[Delete the unnecessary second paragraph gap]
Establishing a method to hold government government officials to account.
[Reason #1: For consistency, the descriptive sentence should have a full stop.]
[Reason #2: The word 'government' is repeated in the text.]
1. Any official of the Coalition may be recalled by an Assembly resolution passed with a three-fifths majority of those voting.
[Reason: The noun phrase 'three-fifths majority' requires a determiner before it.]
a. Recalls should only be initiated for dereliction of duty, abuse of authority, or violations of the law, and not for purposes of political rivalry.
b. Upon initiation, recall resolutions must be debated for three days and receive a motion and second before being put to vote.
c. Upon passage, the recalled official will immediately be removed from office.
2. A Motion of No Confidence may be initiated by the Assembly , if the members have lost faith in the effectiveness and activities of the Prime Minister and the Cabinet. Motions of No Confidence must be debated for three days and receive a motion and a second before being moved to vote. Passage requires three-fifths majority support of those voting , and triggers a special election for all cabinet offices.
[Reason for the above changes: The commas are unnecessary]
XII. THE ADMINISTRATION TEAM
Creating an independent, apolitical body to manage the forums.
[Reason: For consistency, the descriptive sentence should have a full stop.]
1. The Forum Administration Team will be responsible for the technical maintenance of the forums and the integrity of the database. Administrators will not be given responsibilities of a political nature.
2. The Forum Administration Team will be responsible for the appointment and removal of its own members, except when an administrator is removed from the position following a guilty verdict in a fair trial for abuse of administrative powers. Additionally, new administrators must be approved by a majority of the Assembly before being granted administrator permissions.
3. The Forum Administration Team must create standard administration and moderation policies. These policies will be submitted to the Assembly for a one-week review and comment period before going into effect.
4. While the Forum Administration Team may appoint global moderators if needed, individual Ministers and the Chair of the Assembly primarily will be responsible for the moderation of their dedicated forums.
[Delete the unnecessary second paragraph gap]
XIII. AMENDMENT PROCESS
Setting a procedure for amendment of the Charter and constitutional laws.
[Reason: For consistency, the descriptive sentence should have a full stop.]
1. The Assembly may amend any provision of the Charter or constitutional laws by with a three-fifths supermajority. Amendments to the Charter or constitutional laws must be constitutional in nature, and amendments to the Charter must address the structure or framework of government. Bills that may exist as general laws, as determined by the Chair of the Assembly, should not be placed in the Charter or constitutional laws.
[Reason: The word ‘with’ is more appropriate in the context than the word ‘by’.]
2. Any amendment to the Charter or constitutional laws that directly affects the game-side gameside community or its home governance, as determined by the Chair of the Assembly, must also be debated and voted upon by the game-side gameside community. Additionally, the Local Council may originate amendments to its constitutional structure, which must be debated and voted upon in the Assembly.
[Reason for the above changes: In line with modern usage of the term, the word ‘game-sde' has been changed to ‘gameside’.]
[Delete the unnecessary second paragraph gap]
XIV. GREAT COUNCILS
Setting a procedure for constitutional conventions.
[Reason: For consistency, the descriptive sentence should have a full stop.]
1. When the Assembly wishes to debate the fundamental principles and structures of the Coalition, it may call a Great Council to rewrite all laws in their entirety, or establish a new state for The the South Pacific.
[Reason: In line with modern usage of the term, the word 'The' has been changed to lower-case.]
2. A resolution establishing a Great Council may be adopted by with a three-fifths supermajority of the Assembly, which must be confirmed by a majority vote of the game-side gameside community.
[Reason #1: The word ‘with’ is more appropriate in the context than the word ‘by’.]
[Reason #2: In line with modern usage of the term, the word ‘game-sde' has been changed to ‘gameside’.]
3. The purpose of a Great Council is to rewrite all laws from the ground up, not merely to amend existing ones. The Assembly should use the normal amendment process for basic amendments, reserving Great Councils for a time when extreme changes are necessary and proper.
4. Any and all changes to regional law proposed by a Great Council may be adopted by with a three-fifths supermajority of the Assembly, which must be confirmed by a majority vote of the game-side gameside community.
[Reason #1: The word ‘with’ is more appropriate in the context than the word ‘by’.]
[Reason #2: In line with modern usage of the term, the word ‘game-sde' has been changed to ‘gameside’.]
5. If a Great Council fails to pass a new constitution and set of laws to replace the existing ones, then the existing laws will remain in place.
6. At least one year must have passed since the previous Great Council before a new one may be established. |
ADDITIONAL AMENDMENT:
Current text | Text with parentheses | I. CONSTITUTIONAL LAWS
Defining the supreme laws of our community.
1. Laws that form the foundation of our community, are considered fundamental to governance, or otherwise are considered of great importance by the Assembly, are to be known as “constitutional laws” and marked as such.
2. Constitutional laws hold precedence and supremacy over all other laws, regulations, and policies of all branches of government.
3. This Charter is a constitutional law holding supremacy over all others, and defines the purpose of our government and its framework.
... | I. CONSTITUTIONAL LAWS
Defining the supreme laws of our community.
(1) Laws that form the foundation of our community, are considered fundamental to governance, or otherwise are considered of great importance by the Assembly, are to be known as “constitutional laws” and marked as such.
(2) Constitutional laws hold precedence and supremacy over all other laws, regulations, and policies of all branches of government.
(3) This Charter is a constitutional law holding supremacy over all others, and defines the purpose of our government and its framework.
... |
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Amerion
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(12-08-2018, 12:00 PM)Amerion Wrote: TGF.03
INFORMATION:
Legislation: Charter
Article and Section number (if applicable): N/A (Multiple amendments)
ORIGINAL TEXT:
The Charter of The South Pacific
Preamble
The Assembly of the Coalition of The South Pacific, representing our diverse community, convenes to establish this fundamental law of our region, to uphold democratic principles and rights, and provide for the security of our unified community both on the forums and in the game.
I. CONSTITUTIONAL LAWS
Defining the supreme laws of our community.
1. Laws that form the foundation of our community, are considered fundamental to governance, or otherwise are considered of great importance by the Assembly, are to be known as “constitutional laws” and marked as such.
2. Constitutional laws hold precedence and supremacy over all other laws, regulations, and policies of all branches of government.
3. This Charter is a constitutional law holding supremacy over all others, and defines the purpose of our government and its framework.
4. Any constitutional law that directly affects the game-side community or its home governance, as determined by the Chair of the Assembly, must also be debated and voted upon by the game-side community.
II. SOVEREIGNTY
Outlining the sovereignty of the Coalition and the origins of legitimacy.
1. The sovereignty of the region lies with the Coalition of The South Pacific. No other group claiming legitimacy will be recognized. The integrity of the Coalition, in its forums and the region, shall not be challenged or violated by any government official, internal dissidents, or other regions.
2. Authority and legitimacy is held jointly by the region and the forum, and the union between the two is what defines the Coalition. No illegitimate invader or usurper of the region shall be recognized.
III. RIGHTS AND FREEDOMS
Recognizing the democratic rights and freedoms of all members of the Coalition
1. All members of The South Pacific will enjoy the freedoms of expression, speech, assembly, and the press, limited only by reasonable moderation policies.
2. The right to a fair trial and defense against criminal accusations will not be abridged. No member may be subject to any bill of attainder, be tried for the same crime more than once, or be tried ex post facto.
3. No member, who had joined the region in good faith, may be banned or ejected from the in-game region without the due process of law.
4. No member may be denied the right to vote or hold office, unless prohibited by constitutional law.
5. No law may be passed by the Assembly that directly affects the activities of the in-game community, without the consent of the in-game community.
6. The High Court may strike down any general law or action that violates any right or freedom found in this Charter.
IV. THE ASSEMBLY
Establishing legislative authority in the Assembly
1. The Assembly holds supreme legislative authority in the Coalition, and is comprised of all eligible legislators.
2. The Assembly will elect a Legislator as Chair for a term lasting four months. The Chair is responsible for maintaining order and decorum, and helping guide Assembly debate into the creation of bills. If a Chair is recalled, loses Legislator status, or is otherwise not in office, a new Chair will be elected for a new term lasting four months. The Election Commission will be responsible for organizing Chair elections.
3. The Chair may appoint a deputy or deputies, to whom the Chair may publicly delegate any powers, responsibilities, or special projects of the Chair, subject to all regulations and restrictions imposed upon the Chair by law. The Chair may dismiss such deputies.
4. During an interim period in which the Chair is not in office prior to election of a new Chair, a deputy appointed by the previous Chair will serve as Acting Chair to exercise all powers and responsibilities of the Chair, subject to all regulations and restrictions imposed upon the Chair by law. In the event that more than one deputy was appointed, the most senior deputy according to order of appointment and availability will serve as Acting Chair. In the event that no deputy was appointed or is available, the Cabinet will designate a legislator to serve as Acting Chair.
Legislator Eligibility
5. A standing commission of legislators will be tasked with granting and revoking legislator status. All residents of the Coalition are eligible to attain legislator status through application. Continued legislator status requires active membership and good behaviour.
V. THE LOCAL COUNCIL
Establishing home rule for the in-game region residents
1. The Local Council will be the local government of the in-game community, composed of three or more residents of The South Pacific, and will represent the interests of all players in the region, moderate the Regional Message Board, encourage activity on the game-side, and administrate itself on issues unique to the in-game community.
2. The Local Council is entitled to self-administration within its jurisdiction on local issues, but may not pass laws or regulations that contradict this Charter or constitutional laws. To that end, the Assembly may not enact any law, nor the Cabinet deliver any directive, that is solely related to an issue local to the in-game community.
3. The Local Council may not be denied the authority to run regional polls, create and pin Dispatches, and to suppress messages on the Regional Message Board according to a standard moderation policy. However, it may not alter the regional flags or tags, and may not send out mass telegrams, without the approval of the Delegate.
4. To help promote inter-governmental relations, the Local Council may send a representative to the Assembly, whose term must not exceed the Local Council’s. The method of selection will be decided by the Local Council.
VI. THE EXECUTIVE
Establishing an executive branch consisting of the Prime Minister and the Cabinet
1. The Prime Minister will be the head of government and the leader of the Cabinet. They will be responsible for the overall coordination of executive activities, being a liaison between the government and the community, and protecting the Coalition.
2. The Cabinet will consist of ministers with the following portfolios: Foreign Affairs, Regional Affairs, and Military Affairs.
3. As leader of the Cabinet, the Prime Minister is responsible for overseeing a collective Cabinet agenda, and may give directions and instructions to the ministers. Disputes within the Cabinet are subject to majority decision and collective responsibility; where there is no majority the Prime Minister’s vote shall be the deciding one.
4. Members of the Executive are required to hold Legislator status.
Elections
5. Executive elections will be held every four months, where the Prime Minister and all Cabinet positions will be up for election.
6. The date, time, and manner of elections will be set by the Assembly in a general law.
Minister of Regional Affairs
7. The Minister of Regional Affairs will be responsible for promoting regional and forum activity, integrating new players into the forums, organizing cultural events, and communicating with the world about The South Pacific’s activities.
Minister of Foreign Affairs
8. The Minister of Foreign Affairs will be the Coalition’s chief diplomat. They will be responsible for establishing the government’s foreign policy program, communicating with allies, and coordinating with the military on foreign policy priorities when necessary.
9. The Minister of Foreign Affairs holds the sole power to initiate treaty negotiations with other regions, groups, and organizations, but may designate officers to handle those negotiations. Upon completion of a treaty negotiation, the Minister must present it to the full executive for majority approval, before submitting it to the Assembly for ratification.
10. The Minister of Foreign Affairs will be responsible for establishing standards for the creation and maintenance of consulates and embassies.
Minister of Military Affairs
11. The Minister of Military Affairs will be the civilian leader of the armed forces of the Coalition, the South Pacific Special Forces. In conjunction with a group of Generals, the Minister of Military Affairs will be responsible for the defense of the Coalition, building military activity, and conducting military operations.
12. The Minister of Military Affairs may elect to establish an intelligence office, in equal coordination with the Council on Regional Security.
Executive Authorities
13. The executive may exercise the collective authority of executive orders, by unanimous consent among the Prime Ministers and Cabinet Ministers. Executive orders may only be issued to address an immediate and pressing issue created by ambiguity or holes in a particular law, which will immediately have the effect of law.
14. Upon declaring an executive order, the order will be presented automatically to the Assembly for three days of debate, followed by a vote according to legislative rules, where it will expire and its effects be reversed if the Assembly does not incorporate it into law.
15. The Prime Minister and Cabinet Ministers may elect to appoint deputies and advisors, who will be considered junior members of the Cabinet, but will not have voting rights in any executive decision.
VII. THE DELEGATE
Establishing a head of State
1. The Delegate will be the head of state of the Coalition. They will be responsible for helping maintain the security of the region, promoting growth and activity, and serving as an advisor to the forum-side government. Barring reasonable circumstances, the Delegate will hold the in-game Delegate seat. No person may be Delegate if they have participated, in whole or in part and at any time, in any coup d'etat of the Coalition or any of its allies, excluding normal raiding, defending, or liberation efforts as part of an organized military.
2. The Delegate will work with the Local Council in moderating the Regional Message Board, fulfilling Regional Officer positions, promoting game-side activities, and representing the preferences of the game-side community.
3. The Delegate must fulfill in-game actions required by law but assigned to others, if those actions can only be taken by the person holding the in-game Delegate seat.
Elections
4. Delegate elections will be held every six months.
5. The date, time, and manner of electing the Delegate will be set by the Assembly in a general law, but must include the participation of the game-side community.
VIII. THE HIGH COURT
Creating a supreme judicial authority for the Coalition
1 The High Court will consist of one Chief Justice and a number of Associate Justices, and will hold exclusive judicial authority in the Coalition.
2. The procedure for the appointment of the justices will be defined in a general law by the Assembly.
3. Procedures for the conduct of criminal trials and civil cases will be defined in a general law by the Assembly.
Powers
4. The High Court has the power to declare any general law or regulation, Cabinet directive, Chair determination, and Local Council law or regulation, in whole or in part, void upon determination that it violates the terms of this Charter or any other constitutional law.
5. The High Court may reconcile contradictions within the Charter, constitutional laws, general laws, Cabinet directives, and Local Council laws and regulations, maintaining the least amount of disruption to the intended purposes of the contradictory parts.
6. The High Court may clarify and interpret provisions of law, when presented with a Legal Question about them.
7. The High Court holds the sole power to conduct a criminal trial.
IX. THE COUNCIL ON REGIONAL SECURITY
Establishing a central authority for protecting the Coalition’s security
1. The Council of Regional Security will be composed of experienced and trustworthy members of the Coalition, and will be responsible for monitoring and responding to regional security issues. The Council will choose a Chair as needed, who will fulfill all secretarial requirements of the Council that may arise.
Membership
2. The minimum qualifications for membership in the Council on Regional Security are: maintaining a World Assembly member nation in the The South Pacific; a Soft Power Disbursement Rating of at least 50,000, or a Regional Influence ranking of Vassal; 200 endorsements or half the endorsements of the Delegate; and having served at least six consecutive months as a legislator or two terms in the Local Council. The influence and endorsement requirements may be updated by the Council, with majority approval by the Assembly.
3. Eligible members may become members of the Council on Regional Security via two methods, either application to the Council itself, or nomination by the Delegate and Prime Minister.
4. If applying directly to the Council, applicants should explain why they are well suited to protect regional security. Applications will remain private. The Council will review the application and determine whether or not the applicant is well suited. If the application is approved, the Council will forward the nomination to the Assembly for approval via simple majority vote.
5. The Delegate and Prime Minister may jointly nominate any person meeting the requirements for membership and who are well suited to protect regional security. Prior to the nomination, the Delegate and Prime Minister will consult with the Council for their advice. To ensure collegiality and prevent dysfunction, if two-thirds of the members of the Council object to the prospective nominee’s membership, the nomination will not move forward. If no such objection exists, then the nomination will be submitted to the Assembly for approval via simple majority vote.
6. Continued membership in the Council on Regional Security is predicated upon meeting eligibility requirements. Should any member of the Council fail to meet those requirements, they will lose membership and all the powers and privileges that come with it, if they do not meet the requirements within a week of notification.
7. If a majority of the Council deems a member to be a threat to regional security, they will be suspended from the Council pending an official investigation and report to the Assembly. Following the investigation, the Assembly must vote on whether to remove or reinstate the member.
8. Participation, in whole or in part and at any time, in any coup d’etat or invasion of the Coalition or any of its allies will disqualify a prospective or sitting member from membership in the Council on Regional Security immediately and permanently. Participation in normal raiding, defending, or liberation efforts as part of an organized military will not be considered a violation of this clause.
Powers
9. The Council on Regional Security will be responsible for establishing an appropriate cap on endorsements, ensuring that such cap is not detrimental to the growth of the region. Enforcement of the endorsement cap should be done with leniency if a violator does not pose a significant risk to regional security.
10. During a coup d’etat, whether committed by outside forces, infiltrators, or duly elected officials, the Council on Regional Security may declare a state of emergency, until such a time that a legitimate government is restored. All necessary measures may be taken to defeat a coup d’etat or hostile invasion, except that the legitimate Assembly may not be suspended.
11. The Delegate must grant members of the Council on Regional Security appropriate Regional Officer powers to fulfill their duties. When there is a limited number of Regional Officer positions available, those positions must be given to the most senior Council members.
12. The Council on Regional Security, the Prime Minister, and the Delegate will establish a line of succession for the Delegate seat.
13. The Council on Regional Security shall designate an individual as Intelligence Coordinator, who must be notified of and approve all intelligence and counter-intelligence operations. The Intelligence Coordinator will be responsible for disseminating any and all intelligence to the Council on Regional Security and other bodies as needed. The Intelligence Coordinator and the Minister of Military Affairs will maintain a regional intelligence classification system, as necessary for the ensuring information security.
X. THE MILITARY
Creating an official military for the purposes of regional defense, war, and gameplay
1. The South Pacific Special Forces will be the official military forces of the Coalition. Their responsibilities will be to enact the government’s military policies abroad, foster activity for the region, and serve as a representative of the Coalition’s power and influence.
2. The military will be led by the Minister of Military Affairs, along with a corps of generals appointed by the Minister and approved by the Assembly. The Minister and general corps may establish further hierarchy, create programs, and appoint deputies as they see necessary.
3. The military may engage in offensive or defensive operations without fear of political reprisal. However, it may not colonize or annex any region without the express permission of the Cabinet and the Assembly. Nor may it destroy innocent regions. It may engage in the destruction of regions with which the Coalition is at war, and regions espousing hateful ideologies.
4. The Minister of Military Affairs will coordinate with the Minister of Foreign Affairs, to ensure that no military activities harm the government’s diplomatic affairs or public relations.
XI. RECALLS AND MOTIONS OF NO CONFIDENCE
Establishing a method to hold government government officials to account
1. Any official of the Coalition may be recalled by an Assembly resolution passed with three-fifths majority of those voting.
a. Recalls should only be initiated for dereliction of duty, abuse of authority, or violations of the law, and not for purposes of political rivalry.
b. Upon initiation, recall resolutions must be debated for three days and receive a motion and second before being put to vote.
c. Upon passage, the recalled official will immediately be removed from office.
2. A Motion of No Confidence may be initiated by the Assembly, if the members have lost faith in the effectiveness and activities of the Prime Minister and the Cabinet. Motions of No Confidence must be debated for three days and receive a motion and a second before being moved to vote. Passage requires three-fifths majority support of those voting, and triggers a special election for all cabinet offices.
XII. THE ADMINISTRATION TEAM
Creating an independent, apolitical body to manage the forums
1. The Forum Administration Team will be responsible for the technical maintenance of the forums and the integrity of the database. Administrators will not be given responsibilities of a political nature.
2. The Forum Administration Team will be responsible for the appointment and removal of its own members, except when an administrator is removed from the position following a guilty verdict in a fair trial for abuse of administrative powers. Additionally, new administrators must be approved by a majority of the Assembly before being granted administrator permissions.
3. The Forum Administration Team must create standard administration and moderation policies. These policies will be submitted to the Assembly for a one-week review and comment period before going into effect.
4. While the Forum Administration Team may appoint global moderators if needed, individual Ministers and the Chair of the Assembly primarily will be responsible for the moderation of their dedicated forums.
XIII. AMENDMENT PROCESS
Setting a procedure for amendment of the Charter and constitutional laws
1. The Assembly may amend any provision of the Charter or constitutional laws by a three-fifths supermajority. Amendments to the Charter or constitutional laws must be constitutional in nature, and amendments to the Charter must address the structure or framework of government. Bills that may exist as general laws, as determined by the Chair of the Assembly, should not be placed in the Charter or constitutional laws.
2. Any amendment to the Charter or constitutional laws that directly affects the game-side community or its home governance, as determined by the Chair of the Assembly, must also be debated and voted upon by the game-side community. Additionally, the Local Council may originate amendments to its constitutional structure, which must be debated and voted upon in the Assembly.
XIV. GREAT COUNCILS
Setting a procedure for constitutional conventions
1. When the Assembly wishes to debate the fundamental principles and structures of the Coalition, it may call a Great Council to rewrite all laws in their entirety, or establish a new state for The South Pacific.
2. A resolution establishing a Great Council may be adopted by a three-fifths supermajority of the Assembly, which must be confirmed by a majority vote of the game-side community.
3. The purpose of a Great Council is to rewrite all laws from the ground up, not merely to amend existing ones. The Assembly should use the normal amendment process for basic amendments, reserving Great Councils for a time when extreme changes are necessary and proper.
4. Any and all changes to regional law proposed by a Great Council may be adopted by a three-fifths supermajority of the Assembly, which must be confirmed by a majority vote of the game-side community.
5. If a Great Council fails to pass a new constitution and set of laws to replace the existing ones, then the existing laws will remain in place.
6. At least one year must have passed since the previous Great Council before a new one may be established. |
AMENDED TEXT:
The Charter of The South Pacific THE CHARTER OF THE SOUTH PACIFIC
[Reason: For consistency, the title of the Charter has been capitalised in its entirety as every article name was capitalised.]
Preamble
The Assembly of the Coalition of The the South Pacific, representing our diverse community, convenes to establish this fundamental law of our region, to uphold democratic principles and rights, and provide for the security of our unified community both on the forums and in the game.
[Reason: In line with modern usage of the term, the word 'The' has been changed to lower-case.]
I. CONSTITUTIONAL LAWS
Defining the supreme laws of our community.
1. Laws that form the foundation of our community, are considered fundamental to governance, or otherwise are considered of great importance by the Assembly, are to be known as “constitutional laws” and marked as such.
2. Constitutional laws hold precedence and supremacy over all other laws, regulations, and policies of all branches of government.
3. This Charter is a constitutional law holding supremacy over all others, and defines the purpose of our government and its framework.
4. Any constitutional law that directly affects the game-side gameside community or its home governance, as determined by the Chair of the Assembly, must also be debated and voted upon by the game-side gameside community.
[Reason: In line with modern usage of the term, the word ‘game-sde' has been changed to ‘gameside’.]
II. SOVEREIGNTY
Outlining the sovereignty of the Coalition and the origins of legitimacy.
1. The sovereignty of the region lies with the Coalition of The the South Pacific. No other group claiming legitimacy will be recognized. The integrity of the Coalition, in its forums and the region, shall not be challenged or violated by any government official, internal dissidents, or other regions.
[Reason: In line with modern usage of the term, the word 'The' has been changed to lower-case.]
2. Authority and legitimacy is are held jointly by the region and the forum, and the union between the two is what defines the Coalition. No illegitimate invader or usurper of the region shall be recognized.
[Reason: The word 'is' is singular and conflicts with the plural subject 'Authority and legitimacy'.]
III. RIGHTS AND FREEDOMS
Recognizing the democratic rights and freedoms of all members of the Coalition .
[Reason: For consistency, the descriptive sentence should have a full stop.]
1. All members of The the South Pacific will enjoy the freedoms of expression, speech, assembly, and the press, limited only by reasonable moderation policies.
[Reason: In line with modern usage of the term, the word 'The' has been changed to lower-case.]
2. The right to a fair trial and defense against criminal accusations will not be abridged. No member may be subject to any bill of attainder, be tried for the same crime more than once, or be tried ex post facto.
3. No member, who had joined the region in good faith, may be banned or ejected from the in-game region without the due process of law.
4. No member may be denied the right to vote or hold office, unless prohibited by constitutional law.
5. No law may be passed by the Assembly that directly affects the activities of the in-game community , without the consent of the in-game community.
[Reason: The comma is unnecessary]
6. The High Court may strike down any general law or action that violates any right or freedom found in this Charter.
IV. THE ASSEMBLY
Establishing legislative authority in the Assembly.
[Reason: For consistency, the descriptive sentence should have a full stop.]
1. The Assembly holds supreme legislative authority in the Coalition, and is comprised of all eligible legislators.
2. The Assembly will elect a Legislator as Chair for a term lasting four months. The Chair is responsible for maintaining order and decorum, and helping guide Assembly debate into the creation of bills. If a Chair is recalled, loses Legislator status, or is otherwise not in office, a new Chair will be elected for a new term lasting four months. The Election Commission will be responsible for organizing Chair elections.
3. The Chair may appoint a deputy or deputies, to whom the Chair may publicly delegate any powers, responsibilities, or special projects of the Chair, subject to all regulations and restrictions imposed upon the Chair by law. The Chair may dismiss such deputies.
4. During an interim period in which the Chair is not in office prior to the election of a new Chair, a deputy appointed by the previous Chair will serve as Acting Chair to exercise all powers and responsibilities of the Chair, subject to all regulations and restrictions imposed upon the Chair by law. In the event that more than one deputy was appointed, the most senior deputy according to the order of appointment and availability will serve as Acting Chair. In the event that no deputy was appointed or is available, the Cabinet will designate a legislator to serve as Acting Chair.
[Reason for the above changes: Both sentences requires the addition of 'the'.]
Legislator Eligibility
5. A standing commission of legislators will be tasked with granting and revoking legislator status. All residents of the Coalition are eligible to attain legislator status through an application. Continued legislator status requires active membership and good behaviour.
[Reason: The word 'application' requires a determiner before it.]
V. THE LOCAL COUNCIL
Establishing home rule for the in-game region residents.
[Reason: For consistency, the descriptive sentence should have a full stop.]
1. The Local Council will be the local government of the in-game community, composed of three or more residents of The the South Pacific, and will represent the interests of all players in the region, moderate the Regional Message Board, encourage activity on the game-side gameside, and administrate itself on issues unique to the in-game community.
[Reason #1: In line with modern usage of the term, the word 'The' has been changed to lower-case.]
[Reason #2: In line with modern usage of the term, the word ‘game-sde' has been changed to ‘gameside’.]
2. The Local Council is entitled to self-administration within its jurisdiction on local issues, but may not pass laws or regulations that contradict this Charter or constitutional laws. To that end, the Assembly may not enact any law, nor the Cabinet deliver any directive, that is solely related to an issue local to the in-game community.
3. The Local Council may not be denied the authority to run regional polls, create and pin Dispatches, and to suppress messages on the Regional Message Board according to a standard moderation policy. However, it may not alter the regional flags or tags, and may not send out mass telegrams, without the approval of the Delegate.
4. To help promote inter-governmental relations, the Local Council may send a representative to the Assembly , whose term must not exceed the Local Council’s. The method of selection will be decided by the Local Council.
[Reason: The comma is unnecessary]
VI. THE EXECUTIVE
Establishing an executive branch consisting of the Prime Minister and the Cabinet.
[Reason: For consistency, the descriptive sentence should have a full stop.]
1. The Prime Minister will be the head of government and the leader of the Cabinet. They will be responsible for the overall coordination of executive activities, being a liaison between the government and the community, and protecting the Coalition.
2. The Cabinet will consist of ministers with the following portfolios: Foreign Affairs, Regional Affairs, and Military Affairs.
3. As leader of the Cabinet, the Prime Minister is responsible for overseeing a collective Cabinet agenda, and may give directions and instructions to the ministers. Disputes within the Cabinet are subject to the majority decision and collective responsibility; where there is no majority the Prime Minister’s vote shall be the deciding one.
[Reason: The word 'majority' requires a determiner before it.]
4. Members of the Executive are required to hold Legislator status.
Elections
5. Executive elections will be held every four months, where the Prime Minister and all Cabinet positions will be up for election.
6. The date, time, and manner of elections will be set by the Assembly in a general law.
Minister of Regional Affairs
7. The Minister of Regional Affairs will be responsible for promoting regional and forum activity, integrating new players into the forums, organizing cultural events, and communicating with the world about The the South Pacific’s activities.
[Reason: In line with modern usage of the term, the word 'The' has been changed to lower-case.]
Minister of Foreign Affairs
8. The Minister of Foreign Affairs will be the Coalition’s chief diplomat. They will be responsible for establishing the government’s foreign policy program, communicating with allies, and coordinating with the military on foreign policy priorities when necessary.
9. The Minister of Foreign Affairs holds the sole power to initiate treaty negotiations with other regions, groups, and organizations, but may designate officers to handle those negotiations. Upon completion of a treaty negotiation, the Minister must present it to the full executive for majority approval, before submitting it to the Assembly for ratification.
10. The Minister of Foreign Affairs will be responsible for establishing standards for the creation and maintenance of consulates and embassies.
Minister of Military Affairs
11. The Minister of Military Affairs will be the civilian leader of the armed forces of the Coalition, the South Pacific Special Forces. In conjunction with a group of Generals, the Minister of Military Affairs will be responsible for the defense of the Coalition, building military activity, and conducting military operations.
12. The Minister of Military Affairs may elect to establish an intelligence office, in equal coordination with the Council on Regional Security.
Executive Authorities
13. The executive may exercise the collective authority of executive orders, by unanimous consent among the Prime Ministers and Cabinet Ministers. Executive orders may only be issued to address an immediate and pressing issue created by ambiguity or holes in a particular law, which will immediately have the effect of law.
14. Upon declaring an executive order, the order will be presented automatically to the Assembly for three days of debate, followed by a vote according to legislative rules, where it will expire and its effects shall be reversed if the Assembly does not incorporate it into law.
[Reason: Clarification on the word ‘be’.]
15. The Prime Minister and Cabinet Ministers may elect to appoint deputies and advisors, who will be considered junior members of the Cabinet, but will not have voting rights in any executive decision.
VII. THE DELEGATE
Establishing a head Head of State.
[Reason #1: It is odd that 'State' is capitalised when used to reference the Coalition but the person is not (see: United Nations Protocol and Liason Service.]
[Reason #2: For consistency, the descriptive sentence should have a full stop.]
1. The Delegate will be the head of state of the Coalition. They will be responsible for helping maintain the security of the region, promoting growth and activity, and serving as an advisor to the forum-side government. Barring reasonable circumstances, the Delegate will hold the in-game Delegate seat. No person may be Delegate if they have participated, in whole or in part and at any time, in any coup d'etat of the Coalition or any of its allies, excluding normal raiding, defending, or liberation efforts as part of an organized military.
2. The Delegate will work with the Local Council in moderating the Regional Message Board, fulfilling Regional Officer positions, promoting game-side gameside activities, and representing the preferences of the game-side gameside community.
[Reason for the above changes: In line with modern usage of the term, the word ‘game-sde' has been changed to ‘gameside’.]
3. The Delegate must fulfill in-game actions required by law but assigned to others , if those actions can only be taken by the person holding the in-game Delegate seat.
[Reason: The comma is unnecessary]
Elections
4. Delegate elections will be held every six months.
5. The date, time, and manner of electing the Delegate will be set by the Assembly in a general law, but must include the participation of the game-side gameside community.
[Reason: In line with modern usage of the term, the word ‘game-sde' has been changed to ‘gameside’.]
VIII. THE HIGH COURT
Creating a supreme judicial authority for the Coalition.
[Reason: For consistency, the descriptive sentence should have a full stop.]
1 The High Court will consist of one Chief Justice and a number of Associate Justices, and will hold exclusive judicial authority in the Coalition.
2. The procedure for the appointment of the justices will be defined in a general law by the Assembly.
3. Procedures for the conduct of criminal trials and civil cases will be defined in a general law by the Assembly.
Powers
4. The High Court has the power to declare any general law or regulation, Cabinet directive, Chair determination, and Local Council law or regulation, in whole or in part, void upon determination determining that it violates the terms of this Charter or any other constitutional law.
[Reason: Clarification on the word ‘determination’.]
5. The High Court may reconcile contradictions within the Charter, constitutional laws, general laws, Cabinet directives, and Local Council laws and regulations, maintaining the least amount of disruption to the intended purposes of the contradictory parts.
6. The High Court may clarify and interpret provisions of law , when presented with a Legal Question about them.
[Reason: The comma is unnecessary]
7. The High Court holds the sole power to conduct a criminal trial.
[Delete the unnecessary second paragraph gap]
IX. THE COUNCIL ON REGIONAL SECURITY
Establishing a central authority for protecting the Coalition’s security.
[Reason: For consistency, the descriptive sentence should have a full stop.]
1. The Council of on Regional Security will be composed of experienced and trustworthy members of the Coalition, and will be responsible for monitoring and responding to regional security issues. The Council will choose a Chair as needed, who will fulfill all secretarial requirements of the Council that may arise.
[Reason: The word ‘of’ should instead be ‘on’.]
Membership
2. The minimum qualifications for membership in the Council on Regional Security are: maintaining a World Assembly member nation in the The the South Pacific; a Soft Power Disbursement Rating of at least 50,000, or a Regional Influence ranking of Vassal; 200 endorsements or half the endorsements of the Delegate; and having served at least six consecutive months as a legislator or two terms in the Local Council. The influence and endorsement requirements may be updated by the Council, with majority approval by the Assembly.
[Reason: In line with modern usage of the term, the word 'The' has been changed to lower-case.]
3. Eligible members may become members of the Council on Regional Security via two methods, either application to the Council itself, or nomination by the Delegate and Prime Minister.
4. If applying directly to the Council, applicants should explain why they are well suited to protect regional security. Applications will remain private. The Council will review the application and determine whether or not the applicant is well suited. If the application is approved, the Council will forward the nomination to the Assembly for approval via a simple majority vote.
[Reason: The word 'simple' requires an article before it.]
5. The Delegate and Prime Minister may jointly nominate any person meeting the requirements for membership and who are well suited to protect regional security. Prior to the nomination, the Delegate and Prime Minister will consult with the Council for their advice. To ensure collegiality and prevent dysfunction, if two-thirds of the members of the Council object to the prospective nominee’s membership, the nomination will not move forward. If no such objection exists, then the nomination will be submitted to the Assembly for approval via simple majority vote.
6. Continued membership in the Council on Regional Security is predicated upon meeting eligibility requirements. Should any member of the Council fail to meet those requirements, they will lose membership and all the powers and privileges that come with it , if they do not meet the requirements within a week of notification.
[Reason: The comma is unnecessary]
7. If a majority of the Council deems a member to be a threat to regional security, they will be suspended from the Council pending an official investigation and report to the Assembly. Following the investigation, the Assembly must vote on whether to remove or reinstate the member.
8. Participation, in whole or in part and at any time, in any coup d’etat or invasion of the Coalition or any of its allies will disqualify a prospective or sitting member from membership in the Council on Regional Security immediately and permanently. Participation in normal raiding, defending, or liberation efforts as part of an organized military will not be considered a violation of this clause.
Powers
9. The Council on Regional Security will be responsible for establishing an appropriate cap on endorsements, ensuring that such a cap is not detrimental to the growth of the region. Enforcement of the endorsement cap should be done with leniency if a violator does not pose a significant risk to regional security.
[Reason: The word 'cap' requires an article before it.]
10. During a coup d’etat, whether committed by outside forces, infiltrators, or duly elected officials, the Council on Regional Security may declare a state of emergency, until such a time that a legitimate government is restored. All necessary measures may be taken to defeat a coup d’etat or hostile invasion, except that the legitimate Assembly may not be suspended.
11. The Delegate must grant members of the Council on Regional Security appropriate Regional Officer powers to fulfill their duties. When there is a limited number of Regional Officer positions available, those positions must be given to the most senior Council members.
12. The Council on Regional Security, the Prime Minister, and the Delegate will establish a line of succession for the Delegate seat.
13. The Council on Regional Security shall designate an individual as Intelligence Coordinator, who must be notified of and approve all intelligence and counter-intelligence operations. The Intelligence Coordinator will be responsible for disseminating any and all intelligence to the Council on Regional Security and other bodies as needed. The Intelligence Coordinator and the Minister of Military Affairs will maintain a regional intelligence classification system , as necessary for the ensuring information security.
[Reason #1: The comma is unnecessary]
[Reason #2: The word ‘the’ is incorrect]
[Delete the unnecessary second paragraph gap]
X. THE MILITARY
Creating an official military for the purposes of regional defense, war, and gameplay.
[Reason: For consistency, the descriptive sentence should have a full stop.]
1. The South Pacific Special Forces will be the official military forces of the Coalition. Their responsibilities will be to enact the government’s military policies abroad, foster activity for the region, and serve as a representative of the Coalition’s power and influence.
2. The military will be led by the Minister of Military Affairs, along with a corps of generals appointed by the Minister and approved by the Assembly. The Minister and general corps may establish further hierarchy, create programs, and appoint deputies as they see necessary.
3. The military may engage in offensive or defensive operations without fear of political reprisal. However, it may not colonize or annex any region without the express permission of the Cabinet and the Assembly. Nor may it destroy innocent regions. It may engage in the destruction of regions with which the Coalition is at war, and regions espousing hateful ideologies.
4. The Minister of Military Affairs will coordinate with the Minister of Foreign Affairs, to ensure that no military activities harm the government’s diplomatic affairs or public relations.
XI. RECALLS AND MOTIONS OF NO CONFIDENCE
[Delete the unnecessary second paragraph gap]
Establishing a method to hold government government officials to account.
[Reason #1: For consistency, the descriptive sentence should have a full stop.]
[Reason #2: The word 'government' is repeated in the text.]
1. Any official of the Coalition may be recalled by an Assembly resolution passed with a three-fifths majority of those voting.
[Reason: The noun phrase 'three-fifths majority' requires a determiner before it.]
a. Recalls should only be initiated for dereliction of duty, abuse of authority, or violations of the law, and not for purposes of political rivalry.
b. Upon initiation, recall resolutions must be debated for three days and receive a motion and second before being put to vote.
c. Upon passage, the recalled official will immediately be removed from office.
2. A Motion of No Confidence may be initiated by the Assembly , if the members have lost faith in the effectiveness and activities of the Prime Minister and the Cabinet. Motions of No Confidence must be debated for three days and receive a motion and a second before being moved to vote. Passage requires three-fifths majority support of those voting , and triggers a special election for all cabinet offices.
[Reason for the above changes: The commas are unnecessary]
XII. THE ADMINISTRATION TEAM
Creating an independent, apolitical body to manage the forums.
[Reason: For consistency, the descriptive sentence should have a full stop.]
1. The Forum Administration Team will be responsible for the technical maintenance of the forums and the integrity of the database. Administrators will not be given responsibilities of a political nature.
2. The Forum Administration Team will be responsible for the appointment and removal of its own members, except when an administrator is removed from the position following a guilty verdict in a fair trial for abuse of administrative powers. Additionally, new administrators must be approved by a majority of the Assembly before being granted administrator permissions.
3. The Forum Administration Team must create standard administration and moderation policies. These policies will be submitted to the Assembly for a one-week review and comment period before going into effect.
4. While the Forum Administration Team may appoint global moderators if needed, individual Ministers and the Chair of the Assembly primarily will be responsible for the moderation of their dedicated forums.
[Delete the unnecessary second paragraph gap]
XIII. AMENDMENT PROCESS
Setting a procedure for amendment of the Charter and constitutional laws.
[Reason: For consistency, the descriptive sentence should have a full stop.]
1. The Assembly may amend any provision of the Charter or constitutional laws by with a three-fifths supermajority. Amendments to the Charter or constitutional laws must be constitutional in nature, and amendments to the Charter must address the structure or framework of government. Bills that may exist as general laws, as determined by the Chair of the Assembly, should not be placed in the Charter or constitutional laws.
[Reason: The word ‘with’ is more appropriate in the context than the word ‘by’.]
2. Any amendment to the Charter or constitutional laws that directly affects the game-side gameside community or its home governance, as determined by the Chair of the Assembly, must also be debated and voted upon by the game-side gameside community. Additionally, the Local Council may originate amendments to its constitutional structure, which must be debated and voted upon in the Assembly.
[Reason for the above changes: In line with modern usage of the term, the word ‘game-sde' has been changed to ‘gameside’.]
[Delete the unnecessary second paragraph gap]
XIV. GREAT COUNCILS
Setting a procedure for constitutional conventions.
[Reason: For consistency, the descriptive sentence should have a full stop.]
1. When the Assembly wishes to debate the fundamental principles and structures of the Coalition, it may call a Great Council to rewrite all laws in their entirety, or establish a new state for The the South Pacific.
[Reason: In line with modern usage of the term, the word 'The' has been changed to lower-case.]
2. A resolution establishing a Great Council may be adopted by with a three-fifths supermajority of the Assembly, which must be confirmed by a majority vote of the game-side gameside community.
[Reason #1: The word ‘with’ is more appropriate in the context than the word ‘by’.]
[Reason #2: In line with modern usage of the term, the word ‘game-sde' has been changed to ‘gameside’.]
3. The purpose of a Great Council is to rewrite all laws from the ground up, not merely to amend existing ones. The Assembly should use the normal amendment process for basic amendments, reserving Great Councils for a time when extreme changes are necessary and proper.
4. Any and all changes to regional law proposed by a Great Council may be adopted by with a three-fifths supermajority of the Assembly, which must be confirmed by a majority vote of the game-side gameside community.
[Reason #1: The word ‘with’ is more appropriate in the context than the word ‘by’.]
[Reason #2: In line with modern usage of the term, the word ‘game-sde' has been changed to ‘gameside’.]
5. If a Great Council fails to pass a new constitution and set of laws to replace the existing ones, then the existing laws will remain in place.
6. At least one year must have passed since the previous Great Council before a new one may be established. |
ADDITIONAL AMENDMENT:
Current text | Text with parentheses | I. CONSTITUTIONAL LAWS
Defining the supreme laws of our community.
1. Laws that form the foundation of our community, are considered fundamental to governance, or otherwise are considered of great importance by the Assembly, are to be known as “constitutional laws” and marked as such.
2. Constitutional laws hold precedence and supremacy over all other laws, regulations, and policies of all branches of government.
3. This Charter is a constitutional law holding supremacy over all others, and defines the purpose of our government and its framework.
... | I. CONSTITUTIONAL LAWS
Defining the supreme laws of our community.
(1) Laws that form the foundation of our community, are considered fundamental to governance, or otherwise are considered of great importance by the Assembly, are to be known as “constitutional laws” and marked as such.
(2) Constitutional laws hold precedence and supremacy over all other laws, regulations, and policies of all branches of government.
(3) This Charter is a constitutional law holding supremacy over all others, and defines the purpose of our government and its framework.
... |
Please be advised that the correction has taken effect.
For consistency, your reasons should decide whether they prefer the word article or determiner.
Founder of the Church of the South Pacific [ Forum Thread] [ Discord], a safe place to discuss spirituality for people of all faiths and none (currently looking for those interested in prayer and/or "home" groups);
And The Silicon Pens [ Discord], a writer's group for the South Pacific and beyond!
Yahweo usenneo ir varleo, ihraneo jurlaweo hraseu seu, ir jiweveo arladi.
Salma 145:8
The LORD is gracious and compassionate, slow to anger and rich in love.
Psalm 145: 8
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Amerion
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(12-23-2018, 09:02 AM)Seraph Wrote: For consistency, your reasons should decide whether they prefer the word article or determiner.
Sometimes it's good to be inconsistent
(This post was last modified: 12-24-2018, 04:05 AM by Amerion.)
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