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[Semi-serious] Nautical Amendments to the Charter
#1


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THE CHARTER OF THE SOUTH PACIFIC
2020
 
The Naval Academy of the Fleet 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.
 
1 — Preliminary
 
 
2 — 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 Fleet, are to be known as “constitutional laws” and marked as such.

(2) Constitutional laws passed by the Naval Academy 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 Naval Academy that directly affects the gameside community or its home governance, as determined by the Dean of the Naval Academy, 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 Naval Academy, 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 Naval Academy, Admiralty, or Security Tribunal.

3 — Sovereignty
 
Outlining the sovereignty of the Fleet and the origins of legitimacy.

(1) The sovereignty of the region lies with the Fleet of the South Pacific. No other group claiming legitimacy will be recognised. The integrity of the Fleet, 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 Fleet. No illegitimate invader or usurper of the region shall be recognised.

4 — Rights and Freedoms
 
Recognising the democratic rights and freedoms of all members of the Fleet.

(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 defence 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 Naval Academy that directly affects the activities of the in-game community without the consent of the in-game community.

(6) The Judge Advocate General's Corps may strike down any general law or action that violates any right or freedom found in this Charter.

5 — Naval Academy
 
Establishing legislative authority in the Naval Academy.

(1) The Naval Academy holds supreme legislative authority in the Fleet, and is comprised of all eligible Midshipmen.

(2) The Naval Academy will elect a Midshipmen as Dean for a term lasting four months. The Dean is responsible for maintaining order and decorum, and helping guide academy debate into the creation of bills. If a Dean is discharged from duty, loses Midshipmen status, or is otherwise not in office, a new Dean will be elected for a new term lasting four months. The Election Commissioner will be responsible for organising Dean elections.

(3) The Dean may appoint a deputy or deputies, to whom the Dean may publicly delegate any powers, responsibilities, or special projects of the Dean, subject to all regulations and restrictions imposed upon the Dean by law. The Dean may dismiss such deputies.

(4) During an interim period in which the Dean is not in office prior to the election of a new Dean, a deputy appointed by the previous Dean will serve as Acting Dean to exercise all powers and responsibilities of the Dean, subject to all regulations and restrictions imposed upon the Dean 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 Dean. In the event that no deputy was appointed or is available, the Admiralty will designate a Midshipmen to serve as Acting Dean.

Midshipmen Eligibility

(5) A standing commission of Midshipmen will be tasked with granting and revoking Midshipmen status. All residents of the Fleet are eligible to attain Midshipmen status through an application. Continued Midshipmen status requires active membership and good behaviour.

6 — 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 gameside, 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 passed by the Naval Academy. To that end, the Naval Academy may not enact any law, nor the Admiralty deliver any directive, that is solely related to an issue local to the in-game community, except as done under the terms of this Charter.

(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 Grand Admiral.

(4) To help promote inter-governmental relations, the Local Council may send a representative to the Naval Academy wGrand Admirale term must not exceed the Local Council’s. The method of selection will be decided by the Local Council.

7 — Admiralty
 
Establishing an executive branch consisting of the Fleet Admiral and the Admiralty.

(1) The Fleet Admiral will be the head of government and the leader of the Admiralty. They will be responsible for the overall coordination of executive activities, being a liaison between the government and the community, and protecting the Fleet.

(2) The Admiralty will consist of Admirals with the following portfolios: Foreign Affairs, Culture, Engagement, Media, and Defence.

(3) As leader of the Admiralty, the Fleet Admiral is responsible for overseeing a collective Admiralty agenda, and may give directions and instructions to the Admirals. Disputes within the Admiralty are subject to the majority decision and collective responsibility; where there is no majority the Fleet Admiral’s vote shall be the deciding one.

(4) Members of the Admiralty are required to hold Midshipmen status.

Elections

(5) Elections to the Admiralty will be held every four months, where the Fleet Admiral and all positions of Admiral-rank will be up for election.

(6) The date, time, and manner of elections will be set by the Naval Academy in a law.

Admiral of Culture

(7) The Admiral of Culture will be responsible for supporting the roleplay community and organizing regional cultural activities, events, and exchanges.

Admiral of Engagement

(8) The Admiral of Engagement will be responsible for recruiting and integrating new players into the Fleet's government and community, maintaining public infrastructure such as dispatches and other guides, setting unified presentation standards, and providing graphics to the government and citizens of the Fleet.

Admiral of Media

(9) The Admiral of Media will be responsible for overseeing the regular publication of public media, including news content, in the South Pacific.

Admiral of Foreign Affairs

(10) The Admiral of Foreign Affairs will be the Fleet’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.

(11) The Admiral 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 Admiral must present it to the full executive for majority approval, before submitting it to the Naval Academy for ratification.

(12) The Admiral of Foreign Affairs will be responsible for establishing standards for the creation and maintenance of consulates and embassies.

Admiral of Defence

(13) The Admiral of Defence will be the civilian leader of the armed forces of the Fleet, the South Pacific Special Forces. In conjunction with a group of Generals, the Admiral of Defence will be responsible for the defence of the Fleet, building military activity, and conducting military operations.

(12) The Admiral of Defence may elect to establish an intelligence office, in equal coordination with the Security Tribunal.

Executive Authorities

(13) The executive may exercise the collective authority of fleet-wide orders, by unanimous consent among the Admiral and Admiralty Admirals. Fleet-wide 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 a fleet-wide order, the order will be presented automatically to the Naval Academy 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 Naval Academy does not incorporate it into law.

(15) The Fleet Admiral and Admirals may elect to appoint deputies and advisors, who will be considered junior members of the Admiralty, but will not have voting rights in any executive decision.

8 — Grand Admiral
 
Establishing a Head of State.

(1) The Grand Admiral will be the head of state of the Fleet. 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 Grand Admiral will hold the in-game Delegate seat. No person may be Grand Admiral if they have participated, in whole or in part and at any time, in any coup d'état of the Fleet or any of its allies, excluding normal raiding, defending, or liberation efforts as part of an organized military.

(2) The Grand Admiral will work with the Local Council in moderating the Regional Message Board, fulfilling Regional Officer positions, promoting gameside activities, and representing the preferences of the gameside community.

(3) The Grand Admiral must fulfil in-game actions required by law but assigned to others if these actions can only be taken by the person holding the in-game Grand Admiral seat.

Elections

(4) Grand Admiral elections will be held every six months.

(5) The date, time, and manner of electing the Grand Admiral will be set by the Naval Academy in a law, but must include the participation of the gameside community.

9 — Judge Advocate General's Corps
 
Creating a supreme judicial authority for the Fleet.

(1) The Judge Advocate General's Corps will consist of one Judge Advocate General and a number of Judge Advocates, and will hold exclusive judicial authority in the Fleet.

(2) The procedure for the appointment of the Judge Advocate General and Judge Advocates will be defined in a law by the Naval Academy.

(3) Procedures for the conduct of criminal trials and civil cases will be defined in a law by the Naval Academy.

Powers

(4) The Judge Advocate General's Corps has the power to declare any general law, regulation, directive, determination or any other official act of government, in whole or in part, void upon a determination that it violates the terms of this Charter or any other constitutional law.

(5) The Judge Advocate General's Corps may reconcile contradictions within the Charter, constitutional laws, general laws, Admiralty directives, and Local Council laws and regulations, maintaining the least amount of disruption to the intended purposes of the contradictory parts.

(6) The Judge Advocate General's Corps may clarify and interpret provisions of law when presented with a Legal Question about them.

(7) The Judge Advocate General's Corps holds the sole power to conduct a criminal trial.

10 — Security Tribunal
 
Establishing a central authority for protecting the Fleet’s security.

(1) The Security Tribunal will be composed of experienced and trustworthy members of the Fleet, and will be responsible for monitoring and responding to regional security issues. The Tribunal will choose a Convenor as needed, who will fulfil all secretarial requirements of the Tribunal that may arise.

Membership

(2) The minimum qualifications for membership in the Security Tribunal are: maintaining a World Naval Academy member nation in the South Pacific; a Soft Power Disbursement Rating of at least 130,000, or a Regional Influence ranking of Apprentice; 400 endorsements or half the endorsements of the Grand Admiral; and having served at least six consecutive months as a Midshipmen or two terms in the Local Council. The influence and endorsement requirements may be updated by the Tribunal, with majority approval by the Naval Academy.

(3) Eligible members may become members of the Security Tribunal via two methods, either application to the Tribunal itself, or nomination by the Grand Admiral and Admiral.

(4) If applying directly to the Tribunal, applicants should explain why they are well suited to protect regional security. Applications will remain private. The Tribunal will review the application and determine whether or not the applicant is well suited. If the application is approved, the Tribunal will forward the nomination to the Naval Academy for approval via a simple majority vote.

(5) The Grand Admiral and Fleet Admiral may jointly nominate any person meeting the requirements for membership and who are well suited to protect regional security. Prior to the nomination, the Grand Admiral and Fleet Admiral will consult with the Tribunal for their advice. To ensure collegiality and prevent dysfunction, if two-thirds of the members of the Tribunal 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 Naval Academy for approval via simple majority vote.

(6) Continued membership in the Security Tribunal is predicated upon meeting eligibility requirements. Should any member of the Tribunal 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 Tribunal deems a member to be a threat to regional security, they will be suspended from the Tribunal pending an official investigation and report to the Naval Academy. Following the investigation, the Naval Academy 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’état or invasion of the Fleet or any of its allies will disqualify a prospective or sitting member from membership in the Security Tribunal 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 Security Tribunal 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.

(10) During a coup d’état, whether committed by outside forces, infiltrators, or duly elected officials, the Security Tribunal 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’état or Grand Admiraltile invasion, except that the legitimate Naval Academy may not be suspended.

(11) The Security Tribunal, the Admiral, and the Grand Admiral will establish a line of succession for the Grand Admiral seat.

(12) The Security Tribunal 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 Security Tribunal and other bodies as needed. The Intelligence Coordinator and the Admiral of Defence will maintain a regional intelligence classification system as necessary for ensuring information security.

11 — Military
 
Creating an official military for the purposes of regional defence, war, and gameplay.

(1) The South Pacific Special Forces will be the official military forces of the Fleet. Their responsibilities will be to enact the government’s military policies abroad, foster activity for the region, and serve as a representative of the Fleet’s power and influence.

(2) The military will be led by the Admiral of Defence, along with a corps of Commanders (Wardroom) appointed by the Admiral and approved by the Naval Academy. The Admiral and the Wardroom may establish further hierarchy, create programs, and appoint deputies as they see necessary.

(3) The military will have the support of the Fleet in conducting operations to protect innocent regions from attack and oppression and promote legitimate, native democratic institutions across the world. The military may not colonise or annex any region without the express permission of the Admiralty and the Naval Academy, by majority vote of both chambers. Nor may the military attack, subjugate, purge, destroy, or vandalise any regions, excepting those regions which espouse hateful ideologies and those regions against which the Fleet has declared an official state of war.

(4) The Admiral of Defence will coordinate with the Admiral of Foreign Affairs, to ensure that no military activities harm the government’s diplomatic affairs or public relations.

12 — Discharges and Motions of No Confidence
 
Establishing a method to hold government officials to account.

(1) Any official of the Fleet may be discharged by a Naval Academy resolution passed with a three-fifths majority of those voting.
a. Discharges 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, discharge resolutions must be debated for three days and receive a motion and second before being put to vote. 
c. Upon passage, the discharged official will immediately be removed from office.

(2) A Motion of No Confidence may be initiated by the Naval Academy if the members have lost faith in the effectiveness and activities of the Fleet Admiral and the Admiralty. 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 Admiralty offices.

13 — Administration Team
 
Creating an independent, apolitical body to manage off-site communications.

(1) The Off-Site Administration Team will be responsible for the technical maintenance of the region's Discord servers, forums, and the integrity of the database. Administrators will not be given responsibilities of a political nature.

(2) The Off-Site 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 Naval Academy before being granted administrator permissions.

(3) The Off-Site Administration Team must create standard administration and moderation policies. These policies will be submitted to the Naval Academy for a one-week review and comment period before going into effect.

(4) While the Off-Site Administration Team may appoint global moderators if needed, individual Admirals, the Dean of the Naval Academy, and roleplay moderators primarily will be responsible for the moderation of their dedicated Discord servers and forums.

14 — Amendment Process
 
Setting a procedure for amendment of the Charter and constitutional laws.

(1) The Naval Academy may amend any provision of the Charter or constitutional laws passed by the Naval Academy with a three-fifths supermajority. These amendments 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 Dean of the Naval Academy, should not be placed in the Charter or constitutional laws.

(2) Any amendment to the Charter or constitutional laws that directly affects the gameside community or its home governance, as determined by the Dean of the Naval Academy, must also must also receive the consent of the gameside community before coming into force, where the consent shall not require more than a three-fifths supermajority in a vote. Additionally, the Local Council may originate amendments to its structure in the Charter, which must receive the consent of the Naval Academy before coming into force.

(3) The Local Council will determine the qualifications and processes for amendments to its own constitutional laws.

15 — Fleet Reviews
 
Setting a procedure for constitutional conventions.

(1) When the Naval Academy wishes to debate the fundamental principles and structures of the Fleet, it may call a Fleet Review to rewrite all laws in their entirety, or establish a new state for the South Pacific.

(2) A resolution establishing a Fleet Review may be adopted with a three-fifths supermajority of the Naval Academy, which must be confirmed by a majority vote of the gameside community.

(3) The purpose of a Fleet Review is to rewrite all laws from the ground up, not merely to amend existing ones. The Naval Academy should use the normal amendment process for basic amendments, reserving Fleet Reviews for a time when extreme changes are necessary and proper.

(4) Any and all changes to regional law proposed by a Fleet Review may be adopted by a three-fifths supermajority of the Naval Academy, which must be confirmed by a majority vote of the game-side community.

(5) If a Fleet Review 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 Fleet Review before a new one may be established.







#2

One slight nitpick. Can we remove the word "shall" in all cases? Shall can mean will, may or must.
#3

(09-21-2020, 12:23 AM)Domais Wrote: One slight nitpick. Can we remove the word "shall" in all cases? Shall can mean will, may or must.

Unfortunately, you'll have to petition the Chair for serious amendments to the Charter. This proposal is somewhat of a half-serious joke.
#4

I'd like to thank Midshipman Amerion for bringing forward this legislation. While I know some members of the South Pacific may look negatively upon such a drastic shift in theme, I feel as though it is an excellent method to bring some colour into our government proceedings and a fun way to involve newcomers in something a little more interesting than a run-of-the-mill politics simulator. With that said, I would like to recommend a number of changes to the legislation, in good faith.

  1. Shift the title of the Admiral to the Fleet Admiral, to signify the importance of the post and the theme of the Admiralty as a collection of Admirals.
  2. Shift the title of Captain to Commodore, or Admiral if a consistent theme is desired among the Executive.
  3. Shift the title of the Fleet Admiral to the Grand Admiral, to reflect changes elsewhere.
  4. The South Pacific Special Forces should be changed to the South Pacifican Navy, or some variation thereof, to reflect the theme changes elsewhere.
  5. In addition, the Commander Corps can be renamed to the Wardroom (reflecting RL how naval officers and their leadership is referred to by the same term).

I enjoy this proposal, as a joke or not, and hope to see it received well by the Naval Academy Assembly.
ProfessorHenn
Legislator
[-] The following 1 user Likes ProfessorHenn's post:
  • Amerion
#5

*has serious Celestial Union flashbacks*
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Aumeltopia ~
  
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Auphelia Wrote:Raccoons are bandits! First they steal your food . . .
and then your heart/identity!
[-] The following 2 users Like Somyrion's post:
  • Roavin, Seraph
#6

(09-21-2020, 12:35 AM)ProfessorHenn Wrote: I'd like to thank Midshipman Amerion for bringing forward this legislation. While I know some members of the South Pacific may look negatively upon such a drastic shift in theme, I feel as though it is an excellent method to bring some colour into our government proceedings and a fun way to involve newcomers in something a little more interesting than a run-of-the-mill politics simulator. With that said, I would like to recommend a number of changes to the legislation, in good faith.

  1. Shift the title of the Admiral to the Fleet Admiral, to signify the importance of the post and the theme of the Admiralty as a collection of Admirals.
  2. Shift the title of Captain to Commodore, or Admiral if a consistent theme is desired among the Executive.
  3. Shift the title of the Fleet Admiral to the Grand Admiral, to reflect changes elsewhere.
  4. The South Pacific Special Forces should be changed to the South Pacifican Navy, or some variation thereof, to reflect the theme changes elsewhere.
  5. In addition, the Commander Corps can be renamed to the Wardroom (reflecting RL how naval officers and their leadership is referred to by the same term).

I enjoy this proposal, as a joke or not, and hope to see it received well by the Naval Academy Assembly.

I've taken all of them aboard (pun!) — i.e. Captain is now Admiral.

With regards to the SPSF, I think we can keep the current name because it is, in a way, like the Seals?

(09-21-2020, 01:22 AM)Somyrion Wrote: *has serious Celestial Union flashbacks*

Lol, it's okay — no Celestial Being in this one Tounge
#7

Excuse me, sir. But we have a law standards act for a reason... Tounge
"...if you're normal, the crowd will accept you. But if you're deranged, the crowd will make you their leader." - Christopher Titus
Deranged in NS since 2011


One and ONLY minion of LadyRebels 
The OUTRAGEOUS CRAZY other half of LadyElysium
#8

(09-21-2020, 11:49 AM)Rebeltopia Wrote: Excuse me, sir. But we have a law standards act for a reason... Tounge

It ugly. I only dabble in pretty things, like this! Tounge




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