Final Draft: May motion to vote, in accordance with Rule 5-d of the Great Resolution

Referencing The Preamble, Chapter I and Chapter II of The Charter entitled “Constitutional Laws” and “Sovereignty”, respectively.

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THE PREAMBLE:

Citizens of the Coalition of the South Pacific hereby proclaim their attachment to values encapsulated by regional institutions. On the principle of direct democracy and by the virtue of the rule of law, the Coalition of the South Pacific, representing its diverse yet united citizenry, convenes to establish the fundamental legal framework of our their region.

CHAPTER I CONSTITUTIONAL LAWS:

Defining the legal framework of our community:

(1) Laws which present the fundamental legal foundation or are otherwise considered of great importance by the Coalition of the South Pacific are to be known as “constitutional laws” and marked as such.
(2) The Charter is a constitutional law holding supremacy over all other forms of legislation as it defines the purpose of the Coalition, the political system and the principles by which it is guided.
(3) Constitutional laws passed by the Assembly hold supremacy over all other forms of legislation passed by the other branches of government.
(4) Any constitutional law passed by the Assembly that directly effects any specific medium in which the Coalition exists (the NS region, the RP subforum, Discord…) must also receive consent of that medium’s community before coming into force.
(5) Laws passed by the Local Council hold supremacy within the scope and realm of the Local Council but are ultimately within the same jurisdiction as other laws and as such cannot contradict other forms of legislation by whichever body.

CHAPTER II SOVEREIGNTY:

Defining the sovereignty and legitimacy of the Coalition:

(1) The Sovereignty of the sovereignty of all other mediums in which the Coalition exists, particularly the South Pacific region lies ultimately within the Coalition of the South Pacific. No other group claiming legitimacy is to be recognized. Integrity of the Coalition is not to be challenged or violated by its government officials, internal dissidents or other regions.
(2) Legitimacy and authority of the Coalition are held jointly by all of its citizenry who may delegate their authority over the Coalition to a government office for efficiency.
(3) Authority of the Coalition’s government office(s) are legitimized by its direct democracy, represented in the Assembly, by its participative democracy, represented by the Cabinet and by its representative democracy, represented by the Delegate.
(4) Authority of the Coalition’s office(s) are legalized by the legal procedures for their formulation later encapsulated in this Charter and by prohibition of any office to pass any forms of legislation which are to contradict the Charter.

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Quoting the sources listed in the beginning as they are now:

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 Coalition, are to be known as “constitutional laws” and marked as such.

(2) Constitutional laws passed by the Assembly 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 passed by the Assembly that directly affects the gameside community or its home governance, as determined by the Chair of the Assembly, must also receive the consent of the gameside before coming into force, where that consent shall not require more than a three-fifths supermajority in a vote.

(5) Constitutional laws passed by the Local Council hold the same status as those passed by the Assembly, limited in their scope and force to the realms of Local Council jurisdiction, but may not contradict this Charter or any law, regulation, or policy of the Assembly, Cabinet, or Council on Regional Security.

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 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.

The Orange Records | Viliakmon (Pacifica) | NationStates Account Main | Discord: genericsequencealias#0990

(This post was last modified: 08-15-2022, 04:58 PM by A bee. Edit Reason: Making it available to be motioned to vote. )

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The region of the South Pacific on NationStates and the Coalition of the South Pacific are not and should never be considered two separate entities. While I do get the disdain towards the terms "game-side" and "forum-side," saying that the region is not even a part of our Coalition would be an even greater divide than just some terms thrown around to define what is the region on NationStates and what is our off-site.

I know you cut it out, but in my opinion this is the most vital part of the Charter that defines what the Coalition is:

Authority and legitimacy are held jointly by the region and the forum, and the union between the two is what defines the Coalition.

"After he realizes this newfound power of his to override the hopes and dreams of republicans, he puts all of the united provinces under his control."
one time minister of culture

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You can say you get the disdain towards the terms "game-side" and "forum-side" — but you're stressing the importance of a sentence that specifically separates the region and the forum without providing any good reasons why it's, in your eyes, "the most vital part of the Charter."

In fact, disdain towards the concept of a game-side vs. forum-side divide (because this runs much deeper than semantics) should lead us away from language enshrining such a division. And that includes suggestions that the Coalition is somehow divorced from the region.

In any case, I think that perhaps statements of general principles would be better to write after we get a clearer picture of what's actually going in to the new Charter.

Esfalsa | NationStates | Wiki | Roleplay | Discord

(This post was last modified: 07-18-2022, 11:37 PM by Pronoun.)

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I know you cut it out, but in my opinion this is the most vital part of the Charter that defines what the Coalition is

I know I did. It's because I believe that such an approach is outdated.

And that includes suggestions that the Coalition is somehow divorced from the region.

That's just a blatant lie and actually contradictory to what I've said;

Authority of The Coalition of the South Pacific over the region of the South Pacific is justified by legitimacy, which is expressed by rights to participation granted to every citizen of the South Pacific region, in The Coalition's Assembly. The guiding principle of (direct) democracy therefore ensures legitimacy of The Coalition, as every citizen of the South Pacific region may, through participation, express the ideal of being one's own authority.

As for the Charter and such, I'll be working directly from the source material because that was, ''when this is all over'', I won't have to dig around some 4 different Acts which need to be amended for it to be a legal proposal. A question of method, _{mine is clearly better but you do you.}

The Orange Records | Viliakmon (Pacifica) | NationStates Account Main | Discord: genericsequencealias#0990

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You can say you get the disdain towards the terms "game-side" and "forum-side" — but you're stressing the importance of a sentence that specifically separates the region and the forum without providing any good reasons why it's, in your eyes, "the most vital part of the Charter."

In fact, disdain towards the concept of a game-side vs. forum-side divide (because this runs much deeper than semantics) should lead us away from language enshrining such a division. And that includes suggestions that the Coalition is somehow divorced from the region.

In any case, I think that perhaps statements of general principles would be better to write after we get a clearer picture of what's actually going in to the new Charter.

I believe it's the most vital part of the charter because it says that the Coalition is both the forum and the region, instead of being just the forum/discord like this revision is trying to say.

I know you cut it out, but in my opinion this is the most vital part of the Charter that defines what the Coalition is

I know I did. It's because I believe that such an approach is outdated.

Maybe I'm just a hypocrite, but saying that you don't like the terms "game-side" and "forum-side" and proceeding to specify that the forum and the region are two completely different entities seems pretty contradictory.

"After he realizes this newfound power of his to override the hopes and dreams of republicans, he puts all of the united provinces under his control."
one time minister of culture

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The Assembly of the Coalition of the South Pacific, representing our diverse community, convenes to establish this fundamental laws of our region. The Coalition is hereby obliged to uphold the principles of (direct, deliberative, participative) democracy and rule of law, democratic principles and rights, and provide for the security of within our unified communities both on the forums and in the game. and ensure unity between The Coalition of the South Pacific and the region of the South Pacific.

This change suggests that there is more than one community in this region, which is probably why Pronoun has called you out on it. I also have no idea why you scratched out the diversity clause.

4× Cabinet minister /// 1× OWL director /// CRS member /// SPSF

My History

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The Assembly of the Coalition of the South Pacific, representing our diverse community, convenes to establish this fundamental laws of our region. The Coalition is hereby obliged to uphold the principles of (direct, deliberative, participative) democracy and rule of law, democratic principles and rights, and provide for the security of within our unified communities both on the forums and in the game. and ensure unity between The Coalition of the South Pacific and the region of the South Pacific.

This change suggests that there is more than one community in this region, which is probably why Pronoun has called you out on it. I also have no idea why you scratched out the diversity clause.

Because there is a discrepancy of communities in the region.
I left the diversity out as because it's redundant in this medium - diverse in which way - why codify it - how do you enforce it?

The Orange Records | Viliakmon (Pacifica) | NationStates Account Main | Discord: genericsequencealias#0990

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I left the diversity out as because it's redundant in this medium - diverse in which way - why codify it - how do you enforce it?

Excuse my language, but it's the fucking preamble. And not everyone is the same. Everyone is unique and offers a different perspective. What is that if not diversity?

4× Cabinet minister /// 1× OWL director /// CRS member /// SPSF

My History

(This post was last modified: 07-19-2022, 01:06 AM by Jay Coop.)

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(4) Any constitutional law passed by the Assembly that directly affects the South Pacific regiongameside community or its home governance, as determined by the Chair of the Assembly, must also receive the consent of the South Pacific region's citizensgameside before coming into force, where that consent shall not require more than a three-fifths supermajority in a vote.

Does this mean that the consent can be obtained with less than 3/5th majority?

   

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(4) Any constitutional law passed by the Assembly that directly affects the South Pacific regiongameside community or its home governance, as determined by the Chair of the Assembly, must also receive the consent of the South Pacific region's citizensgameside before coming into force, where that consent shall not require more than a three-fifths supermajority in a vote.

Does this mean that the consent can be obtained with less than 3/5th majority?

No, it's saying that consent is obtained with 3/5th supermajority, which is to say a majority of 50%+ as I understand it.
Changes are up to interpretation and I'm not exactly the person working on that aspect nor on term length, so it might change.

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What I've gathered is that the general attitude of the community is such that we should remove 'game-side' and 'forum-side' from the first three Chapters of the Charter while also not isolating the South Pacific region from The Coalition as hard as I've done.

The Orange Records | Viliakmon (Pacifica) | NationStates Account Main | Discord: genericsequencealias#0990

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