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~~Hileville~~ · 11-05-2012, 07:25 PM

Quote:Article 1 Ã¢â¬â Citizenship and Regulations of Citizenship

[*:2rtl5qf7]All nations residing in the South Pacific may apply for citizenship by stating their acceptance of the terms and provisions of the Charter.

[*:2rtl5qf7]All citizens serve as legislators in the South Pacific Assembly and may vote in elections.

[*:2rtl5qf7]Citizens become eligible to vote in the Assembly immediately, however citizens must be accepted 7 days before an election cycle begins.

[*:2rtl5qf7]All citizens must refrain from the following:

[*:2rtl5qf7]Threat, harassment, or abuse against any nation in The South Pacific.

[*:2rtl5qf7]Plotting against the Coalition of The South Pacific, or giving assistance to any state or region which the the Coalition of The South Pacific is taking preventive or enforcement action.

[*:2rtl5qf7]Citizenship may be removed if the Nation no longer resides within the Coalition of the South Pacific or is found guilty of crimes that bring a sentence of expulsion from the region as described in the Charter and laws of the South Pacific.

[*:2rtl5qf7]Citizenship may only be removed by the Superior Court of the South Pacific or by a majority vote of the Cabinet of the South Pacific.

[*:2rtl5qf7]The Assembly of the South Pacific may adopt additional procedures for the removal of citizenship.[/list]
Article 2 - Reasons for Expulsion

Any nation may be expelled from the coalition, the forums, and/or the region according to the methods outlined in Article 4 if guilty of the following:

[*:2rtl5qf7]Violating, or is found to have planned to purposely violate, the regulations in Article 2.

[*:2rtl5qf7]Violating any of the rules in the Code of Laws .

[*:2rtl5qf7]Violating any of the rules of NationStates rules for the in-game environment.

[*:2rtl5qf7]Violating the ZetaBoards Terms of Use for the forum environment.

Article 3 - Power of Expulsion

The Delegate may not expel nations without the consent of the nations of the region. The exact methods for gaining the consent of the nations of the region shall be written in the Code of Laws.

Article 4 - Treason

[*:2rtl5qf7]Treason against The South Pacific shall be defined as any violation of Article 1.4.

[*:2rtl5qf7]Such an offence committed by any citizen nation of The South Pacific shall result, upon conviction in a trial in accordance with Article 7 of the Charter, in the immediate banishment of that citizen nation from The South Pacific off-site forums and region.

[*:2rtl5qf7]This provision shall be enforced by The South Pacific Assembly through appropriate legislation, as needed.

Article 5 Ã¢â¬â Legislature and Legislative Power

[*:2rtl5qf7]All nations of The South Pacific may serve as legislators in the Assembly of the South Pacific, through registration on the offsite forum of The South Pacific and publically agreeing to the Charter outlined in Article 1.

[*:2rtl5qf7]The Chair of the Assembly is responsible for the administration of all aspects of drafting, debating, and passing of laws.

[*:2rtl5qf7]Any nation may propose a bill including but not limited to Laws, Treaties, and Declarations of War.

[*:2rtl5qf7]A draft bill is discussed in the Assembly of The South Pacific sub-forum, the discussion lead by the Chair of the Assembly.

[*:2rtl5qf7]Discussions for items in the Assembly may last no longer than seven days unless an extension is granted by the Chair.

[*:2rtl5qf7]Items may be moved to a vote by the Chair once two members of the Assembly submit a motion to vote.

[*:2rtl5qf7]The Chair is tasked with creating the final draft of the bill once it has been motioned to a vote.

[*:2rtl5qf7]The Chair of the Assembly will close the debate and immediately open a poll in the voting chamber of the Assembly, following the guidelines below:

[*:2rtl5qf7]The ballot must specify the full name of the bill, the complete contents of the bill and the opening and closing dates and times for the vote.

[*:2rtl5qf7]The poll will offer nations the choice to vote aye, nay, or abstain. Abstentions do not count towards the the threshold to pass legislation.

[*:2rtl5qf7]All legislators of The South Pacific may vote.

[*:2rtl5qf7]Voting will continue for 5 (five) days.

[*:2rtl5qf7]A bill is enacted if it receives a 50% + one vote in the affirmative.

[*:2rtl5qf7]Once a bill has become law, it will be published in the Code of Laws by the Chair of Assembly.

[*:2rtl5qf7]Concerns over the legality of any aspect of the law-making process described in Article 6 must be addressed to the Minister of Justice.[/list]
Article 6 - Judiciary

[*:2rtl5qf7]The Judiciary of the Coalition of the South Pacific shall be comprised of two Divisions. These Divisions are the Superior Court of the South Pacific and the District Court of the South Pacific.

[*:2rtl5qf7]The Superior Court of the South Pacific has the power to interpret the Charter and Laws and may annul any Law or part thereof that contradicts the Charter and any action of the executive taken in the exercise of its powers that contradicts the Charter or Laws. The Superior Court has the power to adjudicate on the legality of elections. The Superior Court may exercise these powers upon being petitioned by an individual eligible to do so.

[*:2rtl5qf7]The District Court of the South Pacific has the power to determine conviction and sentencing in criminal cases, and resolution and compensation in civil cases. The District Court may exercise these powers upon being petitioned by an individual eligible to do so.

[*:2rtl5qf7]The Election Commission of the South Pacific has the responsibilities of the moderation and administration of the Superior Court.

[*:2rtl5qf7]The Minister of Justice has the responsibilities of the moderation and administration of the District Court.ÃÂ The Minister of Justice may appoint Associate Justices for the purpose of aiding in and presiding over cases of the District Court. These Associate Justices must be approved by a majority vote of the Cabinet.

[*:2rtl5qf7]All Citizens may petition the Judiciary and act as or appoint another person(s) to act as the prosecution in their case. All Defendants may defend themselves or appoint another person(s) to act on their behalf.

[*:2rtl5qf7]In cases where the Government of the South Pacific must file charges they shall be filed by the Cabinet who will be responsible for the prosecution of said offense or may appoint someone to be responsible for said prosecution.

[*:2rtl5qf7]The Procedures of the Judiciary shall be written in law by the Assembly of the South Pacific.

Article 7 - Duties of Elected Officials

[*:2rtl5qf7]The delegate and all elected officials shall strive to promote activity in the region and shall remain cognizant of the well-being of all nations in The South Pacific.

[*:2rtl5qf7]The delegate and all elected officials may appoint other citizens of The South Pacific to assist them with their duties. The delegate and elected officials shall retain the final responsibility of all tasks carried out by their assistants.

[*:2rtl5qf7]Even without the approval of the specific ministry tasked with overseeing this policy, official executive policy can be established by the assembly.

[*:2rtl5qf7]Ministries must uphold executive policy passed by the assembly.

[*:2rtl5qf7]The delegate and all elected officials may create executive policy within their area of responsibility as laid out in the charter, which shall have the same effect as law.

[*:2rtl5qf7]Any executive policy must comply with the charter and the code of laws of The South Pacific.

[*:2rtl5qf7]No executive policy may result in the banning or expulsion from any nation residing in The South Pacific.

[*:2rtl5qf7]Any executive policy may be overturned by a motion of the assembly.[/list]
Article 8 - Election and Recall Procedures

[*:2rtl5qf7]Elections will be run by the Election Commission which is led by a Chairperson and two commissioners.

[*:2rtl5qf7]Procedures for Delegate Elections shall be placed in law by the Assembly.

[*:2rtl5qf7]The Cabinet term shall begin on the ninth of every January, May, and September.

[*:2rtl5qf7]When an office becomes vacant special elections must start within 7 days of the office being vacant.

[*:2rtl5qf7]All elections, save the Delegate, shall have a nomination period lasting five days followed by a voting period lasting three days. Campaigning may take place through the entire election cycle and will end immediately following the closing of the election cycle.

[*:2rtl5qf7]Candidates may only run for and hold one elected office at any given time.

[*:2rtl5qf7]If only one candidate is eligible to be voted upon in the elections then a "Re-Open Nominations" option will be given as an alternative to voting for that candidate, and if it receives more votes than the candidate then the election process previously stated starts again immediately.

[*:2rtl5qf7]If no candidate runs for an office the Delegate will have the responsibility of appointing someone to fill the office in question.

[*:2rtl5qf7]The Assembly may recall any elected official after deliberation for a minimum of three days with a vote in accordance with normal Assembly procedures with at least four-fifths of the votes cast being in agreement.

Article 9 - Responsibilities and Authority of the Delegate

[*:2rtl5qf7]The DelegateÃ¢â¬â¢s power is only binding as long as they hold the Delegate position. All Ministries and official arms of the Coalition bow to the will of the office of Delegate, not the individual nations wielding the power.

[*:2rtl5qf7]The Delegate cannot surrender the sovereignty of the region to any group or alliance without approval from the region in form of a Cabinet vote.

[*:2rtl5qf7]The Delegate may act only in the interest of the region with the consent of the region. Expulsion may only take place as outlined above. The Delegate must follow the Charter completely.

[*:2rtl5qf7]The Delegate shall be informed of all information concerning the region by the Cabinet immediately.

Article 10 - Responsibility and authority of the Chair of the Assembly

[*:2rtl5qf7]The Chair of the Assembly shall uphold the procedures of the assembly as laid out in Article 6 of the Charter.

[*:2rtl5qf7]The Chair of the Assembly may initiate and participate in assembly discussions, but shall keep to the highest debate standards.

[*:2rtl5qf7]The Chair of the Assembly shall be responsible for upholding the rights within the assembly of all its members.

[*:2rtl5qf7]The Chair of the Assembly shall verify that only recognized citizens can participate in the assembly.

Article 11 - Responsibilities and authority of the Ministry of Security

[*:2rtl5qf7]The Ministry of Security shall be responsible for ensuring that no one obtains the delegate position except by legal means.

[*:2rtl5qf7]The Ministry of Security shall assist the delegate in seeing that all nations are in compliance with the endorsement cap.

[*:2rtl5qf7]The Ministry shall also have authority to take any of the following steps if it sees fit for the protection of the region or its allies:

[*:2rtl5qf7]The assembly of a militia for the defense of The South Pacific or a region The South Pacific is allied with.

[*:2rtl5qf7]The creation of an Intelligence effort to find critical information for the defense of the region.[/list]
Article 12 - Responsibilities and authority of the Ministry of Justice 

[*:2rtl5qf7]The Ministry of Justice shall be responsible ensuring that Member States follow the rule of law as laid out in the Charter and Laws of TSP.

[*:2rtl5qf7]The Ministry of Justice shall be responsible for all provisions in Article 6 of the Charter.

[*:2rtl5qf7]In the event that the Minister of Justice is accused of violations of the Laws and Charter of TSP the Minister of Justice shall inform the Delegate of TSP who shall appoint a prosecutor and assume the role and functions of the Minister of Justice in respect of a trial.

<del>

[*:2rtl5qf7]The Minister of Justice may act as Defence Counsel in trials where a Member of the Cabinet is being tried by another Member State.</del>

[*:2rtl5qf7]If a nation feels it was wrongfully ejected from the region, they may file a claim with the Ministry of Justice. Providing the District Court finds in favor of the plaintiff, the Delegate will then un-ban the nation in order to allow them to return to the region.

Article 13 - Responsibilities and authority of the Ministry of Foreign Affairs

[*:2rtl5qf7]The Ministry of Foreign Affairs shall be responsible for any formal relations between the region and any foreign regions.

[*:2rtl5qf7]The Ministry of Foreign Affairs shall be responsible for negotiating treaties, alliances, and other agreements with other regions and organizations external to The South Pacific.

[*:2rtl5qf7]This Ministry cannot form alliances without the consent of the Assembly of The South Pacific by vote. However, the Assembly may form alliances without the consent of the Ministry of Foreign Affairs, see Article 7.3-4.

Article 14 - Responsibilities and authority of the Ministry of Regional Affairs

[*:2rtl5qf7]The Ministry of Regional Affairs shall be responsible for the following:

[*:2rtl5qf7]Directing and running regional roleplay and maintenance of the regional map

[*:2rtl5qf7]Maintaining RMB and IRC activity, and promoting the offsite regional forums to nations within the region

[*:2rtl5qf7]Creating and supervising a welcoming committee to send personal messages and telegrams on NationStates and our regional forums.

[*:2rtl5qf7]Creating Cultural events and overseeing the forum games.[/list]
Article 15 - Amending the Charter

The Charter of The South Pacific may be amended as necessary. Amendments may be proposed by any citizen of The South Pacific.

[*:2rtl5qf7]Submissions of amendments must be made to the Assembly of The South Pacifc.

[*:2rtl5qf7]Discussions on amendments shall last no more than a period of seven days unless a member state asks for an extension.

[*:2rtl5qf7]Immediately following the discussion period the amendment will be submited to the Assembly for voting.

[*:2rtl5qf7]Voting shall last for a period of seven days. Amendments are approved by a 75% affirmative vote of all participating states.

Article 16 - Supremacy of the Charter

[*:2rtl5qf7]This Charter shall carry supremacy over any other law of the South Pacific.

[*:2rtl5qf7]If a law or agreement of the South Pacific shall be found to be completely or partially in conflict with the Charter, the Superior Court shall have the duty of declaring such a law or agreement void, removing it from the record, and publicly disclosing such action along with the reasons thereof.

[*:2rtl5qf7]Judicial Review may be initiated by any citizen nation, in which the Election Commission is charged with determining the need for review, with Charter backing, and providing a solution for the Assembly to discuss.

~~Hileville~~ · 11-05-2012, 07:29 PM

Above is a fully amended version of the Charter for voting - this combines the Judicial Changes, rewording a few things, and the changes to the Cabinet term length. This also corrects a few areas of the Charter that were incorrect due to amendments we have had.

Rebel-topia · 11-05-2012, 10:41 PM

looks good to me!

God-Emperor · 11-06-2012, 09:23 PM

Likewise.

Loh · 11-07-2012, 12:31 AM

Looks great Smile

Penguin · 11-07-2012, 02:17 AM

is alright

Heronlord · 11-07-2012, 01:43 PM

I have major issues with abstentions not being counted as part of a ... quorom... umm... huh..."The poll will offer nations the choice to vote aye, nay, or abstain. Abstentions do not count towards the the threshold to pass legislation."wait does this mean that abstentions dont count as yea votes or that they dont count to a required quorom? I dont see any quorom requirements either, it just seems to be just get more than 50% and vote is passed.... im a little confused....

~~Hileville~~ · 11-07-2012, 08:48 PM

They don't count as either aye or nay votes. This has been standard practice in TSP bit was never actually legislated on.

God-Emperor · 11-08-2012, 02:55 AM

I like that, but a quorum isn't a bad idea.

Heronlord · 11-08-2012, 07:37 PM

I like quorums cause they mitigate the effects of natural disasters knocking out a bunch of citizens and then sleepers take advantage... doesnt seem to be an issue in TSP but its worth considering i think...

~~Hileville~~ · 11-08-2012, 08:29 PM

How exactly would you like it to work?

God-Emperor · 11-08-2012, 10:49 PM

Just set a minimum number of members of the Assembly necessary to pass legislation.

Heronlord · 11-09-2012, 07:21 PM

here is an example i proposed in another region. Voting procedure:-Debate is opened with Opening statement and Legislation proposed-Members then a have a minimum period of _3_ Days of debate- After there are "_2_" Seconds there is a one day wait for objections-If there are no objections then debate is closed-If there are objections then there is a vote to close debate, with a minimum _2_ day period of voting- After moving to vote on legislation at hand a roll call vote is called with each nation voting with a "Yea", "Nay", or "Abstain".-Members may make a 1 sentence (_14_ words or less) explanation of their vote if they so choosevote type__________vote requirement _______ quorum requirementAmend Con---------------------------75%+1------------------95%New Law-------------------------------50%+1------------------80%Amend Law---------------------------50%+1------------------67%Table Debate-------------------------50%+1------------------67%Move to Vote-------------------------50%+1------------------75%All voting members Abstain, Yea, or Nay count torwards Quorum requirement. Passing requires Yeas equal to voting requirement.

~~Hileville~~ · 11-09-2012, 07:59 PM

The only issue I see with that is if we can't hit the quorum requirements due to people not paying attention to what is going on we will be stalled in legislation.

Loh · 11-09-2012, 08:33 PM

Quote:The only issue I see with that is if we can't hit the quorum requirements due to people not paying attention to what is going on we will be stalled in legislation.

True, but I guess it isn't a major issue. I gave a quick look to the voting chamber and only 3 threads have a number of votes below 10. As long the minimum number of members of the Assembly required to pass legislation isn't too high, I think we'll be ok.

~~Hileville~~ · 11-09-2012, 08:47 PM

Quote:<blockquote class='ipsBlockquote' data-author="Hileville">The only issue I see with that is if we can't hit the quorum requirements due to people not paying attention to what is going on we will be stalled in legislation.

True, but I guess it isn't a major issue. I gave a quick look to the voting chamber and only 3 threads have a number of votes below 10. As long the minimum number of members of the Assembly required to pass legislation isn't too high, I think we'll be ok.

</blockquote>As of my count today - citizenship hasn't been removed on some nations so the count is a little high - we have 60 members that are eligible to vote. On repealing the MPA we had 13 people vote. That is only 22% (rounded up) of all eligible voters. After the Cabinet votes on citizenship removal there will be 48 eligible voters which still is only 27%.

The quorum would have to be really low or a way to get around the quorum would have to be introduced.

Rebel-topia · 11-10-2012, 12:55 AM

which defeats the purpose of having a quorum...

Heronlord · 11-10-2012, 12:57 AM

or you could you could remove voting status of non active council members, suspending their rights to vote until they endorse the delegate for a day or something. Smile

hee hee

God-Emperor · 11-10-2012, 05:42 AM

Without votin' rights, our citizenship means next to nothin', and this region has never been much for coercin' people to endorse the delegate. I was just thinkin' the quorum could be a solid number instead of a percentage...

Belschaft · 11-11-2012, 04:12 PM

In my experience quorums are terrible ideas; you will *never* have a sufficient percentage of citizens voting to meet them, unless it is set ridiculously low or you have incredibly restrictive citizenship laws (ie; if you don't post once a week minimum, you lose citizenship). Avoid them like the plague; the last region I was in that had quorum requirements took six months (on an open ended vote) to get enough people voting to repeal the damn thing.

God-Emperor · 11-11-2012, 11:13 PM

That's why I'm sayin' it doesn't havta be a percentage. It can be an integer. If we keep our citizenship laws, which I like, a low quorum can be met on almost every vote. It keeps a riduculously small number of people from passin' our laws, and it makes abstain votes actually mean somethin'. They can be used to meet the quorum, but they don't havta decide the issue. What's wrong with that?

Penguin · 11-12-2012, 04:16 PM

I like GE's idea as it means that people ARE participating just not.... (it made sense in my head Tongue

) BUT it is giving a number count on something that will need it. (I hope y'all understand)

God-Emperor · 11-13-2012, 12:02 AM

Thank, Penny. Appreciate it...I think.

~~Hileville~~ · 11-14-2012, 05:13 AM

Made a change to the requirement for passing amendments. I left out a quorum for now and we can readdress that a little later on. There are things in the works that should boost activity and a quorum would be more beneficial at that point.With that motion to vote.

Rebel-topia · 11-14-2012, 12:42 PM

2nd

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