Reform Bill

[Eluvatar]

I propose that we:

1. Repeal the Criminal Code, Due Process Act, Election and Referendums Act, Founder Nation Act, Holidays Act, Ministries Act, Oaths Act, Senate and Court Membership Act, and World Assembly Act (Leaving the Flag and Seals Act and Holidays Act in force).

2. Propose an amendment to the Constitution for a referendum, to be held this Friday through the next Tuesday, changing the constitution to the below:

Preamble:

We the people of Taijitu have come together to form a new Covenant for our region under the principles of direct action and democracy.
Contents
Article 1: Citizens
Section 1: Obtaining Citizenship

1.    Any person possessing a resident nation in the region of Taijitu and a World Assembly nation may apply for citizenship by providing the names of both nations.
2.    Any application for citizenship may be denied by the Delegate or an appropriate minister for any reason.
3.    If an application for citizenship is denied, the reasons for the denial will be presented to the Senate.
4.    The Senate may override any denials and approve the denied application by a majority vote.
5.    Any citizen may at any time change their resident or World Assembly nation if they notify the Delegate or an appropriate minister of the change.

Section 2: Rights

1.    All citizens may access the Regional Forums to the extent necessary to exercise their other rights.
2.    No citizen may be ejected from Taijitu or have their access to the Regional Forums limited without being charged with a criminal offense.
3.    All citizens will be guaranteed access to the Court and a swift, fair and public trial if accused of a crime.
4.    All citizens will be guaranteed the right to an attorney.
5.    No citizen may be compelled to bear witness against themselves.
6.    All citizens will have the privilege of participation in Taijitu Role Play unless it is abused.
7.    All citizens will be guaranteed the right to freedom of political speech.
8.    All citizens will be guaranteed the right to freedom of association.
9.    All citizens will be guaranteed the right to participate in any election.
10.    Any citizen who has registered on the Regional Forums may run for and hold public office.
11.    All citizens will be guaranteed equal protection under the laws and Constitution of Taijitu.
12.    No citizen will be considered necessarily deprived of any rights not enumerated here.

Section 3: Responsibilities

1.    All citizens will abide by the policies of the Regional Forums and the rules of Nationstates.
2.    Personal attacks on any forum member that go beyond the functions of gameplay will not be considered political speech and will be subject to review from the forum’s moderation team.

Section 4: Loss of Citizenship

1.    Any person whose World Assembly nation ceases to be a World Assembly nation or ceases to exist, whose resident nation voluntarily leaves Taijitu or ceases to exist, who changes their resident or World Assembly nation without notifying the Delegate or appropriate minister, or who fails to abide by their responsibilities will forfeit their citizenship and any other offices.
2.    Any citizen whose citizen nation continues to reside in Taijitu and whose World Assembly nation continues to be in the World Assembly may not lose their citizenship except by order of a criminal sentence issued by the Court.


Article 2: The Council
Section 1: Powers and Limitations

1.    The Council may propose bills to enact, amend, or repeal laws by a majority vote.
2.    The Council may override a legislative veto of the Senate by a two-thirds majority vote.
3.    The Council may ratify all treaties approved by the Senate by a majority vote.
4.    The Council may not enact any law which declares a person guilty of a criminal offense.
5.    The Council may not enact any law retroactively.
6.    The Council may admit citizens as members by a majority vote.
7.    The Council may remove senators by a two-thirds majority vote.

Section 2: Structure and Procedures

1.    The Council will be composed of a number of councillors.
2.    The Council will elect a Speaker to administer the affairs of the Council.
3.    The Council will determine its own procedures.
4.    In cases of ambiguity or where no procedures exist, the Speaker will use their own discretion.

Section 3: Immunities

1.    No councillor may have their access to the Council restricted without the consent of the Council.


Article 3: The Senate
Section 1: Powers and Limitations

1.    The Senate may veto any proposal to enact, amend, or repeal laws passed by the Council by an absolute majority.
2.    The Senate may veto the appointment of a minister by an absolute majority.
3.    The Senate may override a legislative veto of the Delegate by an absolute two-thirds majority.
4.    The Senate may approve all treaties negotiated by the Delegate by an absolute majority.
5.    The Senate may remove justices by an absolute majority.

Section 2: Structure and Procedures

1.    The Senate will be composed of a number of senators.
2.    The number of senators will be three unless determined otherwise by law.
3.    The Senate will determine and administer its own procedures.

Section 3: Election

1.    The Senate will be elected once every three months.
2.    All senators will be elected at large by the single non-transferable vote unless otherwise determined by law.

Section 4: Immunities

1.    No senator may have their access to the Senate restricted without the consent of the Senate.


Article 4: The Delegate
Section 1: Powers and Limitations

1.    The Delegate will be responsible for upholding and enforcing the law and Constitution.
2.    The Delegate will be the Commander in Chief of the armed forces.
3.    The Delegate's power to wage war may be regulated by law.
4.    The Delegate may negotiate treaties with foreign powers to be approved or rejected by the Senate and Council.
5.    The Delegate may veto any proposal to enact, amend or repeal a law not blocked by the Senate.
6.    The Delegate will, when the World Assembly Delegate of Taijitu, have access to regional controls.

Section 2: The Cabinet

1.    The Delegate will appoint a Cabinet of ministers to assist them in their duties.
2.    The Delegate may remove any minister.
3.    The Senate may remove any minister by an absolute majority.
4.    The ministries of the Cabinet may be regulated by law.

Section 3: Election

1.    The Delegate will be elected once every three months.
2.    The Delegate will be elected by an approval vote unless determined otherwise by law.

Section 4: Impeachment

1.    The Senate may impeach the Delegate by an absolute majority.
2.    If the Senate impeaches the Delegate, a Council vote on removing the Delegate will be held.
3.    If a two-thirds majority votes in favor, the Delegate will be removed from office.

Section 5: Continuity of Government

1.    Any person running for the office of Delegate will publicly choose a candidate for Lieutenant Delegate.
2.    If the person running for the office of Delegate is elected, their choice of candidate will assume the office of Lieutenant Delegate.
3.    If the Delegate is absent, removed prematurely or unable to perform their duties, the Lieutenant will assume the office of Delegate.
4.    Further offices in the line of succession for the office of Delegate may be defined by law.


Article 5: The Court
Section 1: Powers and Limitations

1.    The Court will try criminal cases under the law and civil cases between citizens.
2.    The Court will arbitrate disputes relevant to Taijitu between any citizens seeking arbitration.
3.    The Court's power to try civil cases and arbitrate disputes may be regulated by law.
4.    If a suit on the matter is brought, the Court may rule on the legality or constitutionality of a law or government act and annul any laws or acts deemed unlawful or unconstitutional.
5.    If an ambiguity in the Law or Constitution arises, the Court will be responsible for its resolution.
6.    No person may try a case in which they have any personal involvement.

Section 2: Structure and Procedures

1.    There will be a number of justices.
2.    In any case, the Court will be composed of a presiding justice and a number of jurors.
3.    The Chief Justice will administer the affairs of the Court
4.    The procedures of the Court will be determined by law.
5.    In cases of ambiguity or where no procedures exist, the Chief Justice will use their discretion.

Section 3: Appointment

1.    The Senate may approve applications for justice by an absolute majority.
2.    Justices will serve terms of three months.
3.    If there is no Chief Justice, the Delegate will appoint a justice as Chief Justice.


Article 6: General Provisions
Section 1: Constitutional Superiority

1.    This constitution will be the supreme law of Taijitu and no other law may contradict its provisions.

Section 2: Separation of Powers

1.    The Speaker and Senate will constitute the leadership of the Legislative Branch.
2.    The Delegate and Lieutenant Delegate will constitute the leadership of the Executive Branch.
3.    No person may serve in more than one such leadership position simultaneously.

Section 3: Amendments

1.    The Council may propose an amendment to this constitution by a two-thirds majority vote.
2.    The Senate may ratify an amendment by an absolute two-thirds majority.

Section 4: Vetos

1.    Any veto by any official or body must be issued within one week of the act it applies to.
2.    Any official or body may waive their veto within one week of the act it would apply to.

Section 5: Resignations

1.    Any person may resign at any time from any government office they hold.

3. Hold elections for Delegate and Senate beginning July 1st.
4. The Council will be composed of the former Senate.

I move for a vote on this.

[St Oz]

Aye, yes, affirmative, ita vero, sim, ci, ja, ... yeah

[Eluvatar]

By the internal procedures of the Senate, we may now vote.

I vote in favour, of course.

[St Oz]

Aye, yes, affirmative, ita vero, sim, ci, ja, ... yeah

[Funkadelia]

Aye.

[Khem]

Aye

[Delfos]

Nay for not allowing more discussion and revisions to the proposal. Close this and let democracy work properly.
 New Constitution: First Draft
« on: June 18(2 days), 2014, 04:38:46 PM »
 Re: New Constitution: First Draft
« Reply #16 on: Yesterday at 03:22:57 AM »
 « Last Edit: Yesterday at 10:08:04 PM by Eluvatar »
 Re: New Constitution: First Draft
« Reply #17 on: Yesterday at 08:42:10 PM »
 Reform Bill
« on: Today at 01:43:38 AM »

This bill is presented to vote 33h 5m after the bill was originally announced in the executive plot, pretty much the next day, and 5h later from major revision by Elu, how do you expect someone who has said will make proposals, which you were aware of that, can catch up with all the revisions and propose new ones? He can't, this is undemocratic, if discussion and proposing changes isn't part of your methods that we can't really expect much democratic process in the future. If you think the sole purpose of this is to vote on your hegemonic views then nothing really changes.

I propose this vote to be taken down and allow discussion in the senate and it's supposed to.

[Lapeirousia]

Nay.

[Of The US]

aye

[Letonna]

aye

[Dyr Nasad]

Aye

[Eluvatar]

We have 6 ayes, and 10 senators

[Funkadelia]

The vote has passed with a vote of:

6 Aye
2 Nay
2 Abstain

An absolute majority has been reached.

[Lapeirousia]

ok, been updating the wiki and added a new category for ex-laws but I can't remove laws from the laws category because the law infobox is read only.

You did not specify whether the following are repealed or still in force:

Alliance Between Taijitu and The North Pacific
Internal Procedures of the Senate

I could take it that this reform bill doesn't cover these two items and therefore they are still in force?  Or from another point of view, since these two items have kind of been overridden, I could take it that they are not in force.

I hope that TAN hasn't used up all its energy on getting us this far, because it seemed like it was all set to achieve a lot and it's a shame if it's not going to follow through.

[Sovereign Dixie]

ok, been updating the wiki and added a new category for ex-laws but I can't remove laws from the laws category because the law infobox is read only.

You did not specify whether the following are repealed or still in force:

Alliance Between Taijitu and The North Pacific
Internal Procedures of the Senate

I could take it that this reform bill doesn't cover these two items and therefore they are still in force?  Or from another point of view, since these two items have kind of been overridden, I could take it that they are not in force.

I hope that TAN hasn't used up all its energy on getting us this far, because it seemed like it was all set to achieve a lot and it's a shame if it's not going to follow through.

Senate Procedures will be determined internally by the Senate. As far as the agreement between us and TNP goes, that is still in effect.

And no, we have not used up our energy We've still got a lot of work to do, and will continue our efforts to revitalise the region.