Charter Amendment and General Cleanup

[Belschaft]

Ok, the Charter as it currently stands needs a few minor edits (past amendments have not, for example, actually been added) and I also want to create a new ministry, as stated in my manifesto. Things I want to remove are in red, new sections are in blue, edits to bring it into compliance with past amendments are in green.

<strong class='bbc'>Article 1 ? Requirements of Citizenship</strong>

All nations interested in becoming citizens of The South Pacific must agree to the terms outlined by the Charter of The South Pacific by stating their acceptance of the document and and openly stating the name of their NationStates nation resident in The South Pacific region in the designated area of the forums.



<strong class='bbc'>Article 2 ? Regulations of Citizenship</strong>

Citizenship is voluntary. All members of the Coalition of The South Pacific must accept the following regulations in order to become citizen nations:[*:1asvcrkr] Fulfill the obligations assumed by them in accordance with the present charter.







[*:1asvcrkr] Refrain from threat, harassment, or abuse against any nation in The South Pacific.







[*:1asvcrkr] Refrain from working or 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.







<strong class='bbc'>Article 3 - Reasons for Expulsion</strong>

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:[*:1asvcrkr]Violating, or is found to have planned to purposely violate, the regulations in Article 2.







[*:1asvcrkr] Violating any of the rules in the <a class='bbc_url' href='http://z1.invisionfree.com/forums/theSPacific/index.php?showforum=24'>Code of Laws</a> .







[*:1asvcrkr] Violating any of the rules of? <a class='bbc_url' href='http://forum.nationstates.net/viewtopic.php?f=16&t=20659'>NationStates rules</a> for the in-game environment.







[*:1asvcrkr]Violating the Invisionfree Terms of Use for the forum environment.







<strong class='bbc'>Article 4 - Power of Expulsion</strong>

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 <a class='bbc_url' href='http://z1.invisionfree.com/forums/theSPacific/index.php?showforum=24'>Code of Laws</a>.



<strong class='bbc'>Article 5 - Treason</strong>[*:1asvcrkr] Treason against The South Pacific shall be defined as any violation of <strong class='bbc'>Article 2.3</strong>.







[*:1asvcrkr] Such an offence committed by any citizen nation of The South Pacific shall result, upon conviction in a trial in accordance with <strong class='bbc'>Article 7</strong> of the Charter, in the immediate banishment of that citizen nation from The South Pacific off-site forums and region.







[*:1asvcrkr] This provision shall be enforced by The South Pacific Assembly through appropriate legislation, as needed.







<strong class='bbc'>Article 6 ? Legislature and Legislative Power</strong>[*:1asvcrkr] All nations of The South Pacific may serve as legislators in the <a class='bbc_url' href='http://z1.invisionfree.com/forums/theSPacific/index.php?showforum=7'>Assembly of the South Pacific</a>, through registration on the offsite forum of The South Pacific and publically agreeing to the Charter outlined in Article 1.







[*:1asvcrkr] The Minister of the Region will act as Chair of the Assembly. The Chair of the Assembly is responsible for the administration of all aspects of drafting, debating, and passing of laws.







[*:1asvcrkr] Any nation may propose a bill.







[*:1asvcrkr] A draft bill is discussed in the Assembly of The South Pacific sub-forum, the discussion lead by the Chair of the Assembly. The discussion time may be no longer than seven days, however, if a nation proposes an extension for the debate, it may be granted by the Chair.







[*:1asvcrkr] After the discussion period is over, the nation who submitted the original proposal shall write the final draft of the bill and submit it within 72 hours after. If a final draft is not received in the allotted time, the Chair of the Assembly is charged with constructing a final draft for immediate submission.







[*:1asvcrkr] 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:[*:1asvcrkr] 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.







[*:1asvcrkr] The poll will offer nations the choice to vote yes or no.







[*:1asvcrkr] All legislators of The South Pacific may vote.







[*:1asvcrkr] Voting will continue for 7 (seven) days.











[*:1asvcrkr] A bill becomes law if it receives a 60% majority vote.







[*:1asvcrkr] Once a bill has become law, it will be published in the <a class='bbc_url' href='http://z1.invisionfree.com/forums/theSPacific/index.php?showforum=24'>Code of Laws</a> by the Minister of the Region.







[*:1asvcrkr] Concerns over the legality of any aspect of the law-making process described in <strong class='bbc'>Article 6</strong> must be addressed to the Minister of Justice.





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<strong class='bbc'>Article 7 - Judiciary </strong>[*:1asvcrkr] Allegations of violations may be lodged by any nation(s) against any other nation(s). Allegations must be lodged within the Ministry of Justice forum in the form of a post topic. These allegations must include the accused nation(s) and offense(s) they are accused of committing in addition to any witnesses or advocates each side wishes to have appear before the trial.







[*:1asvcrkr] The Minister of Justice shall be responsible in all respects for the processing of the allegation. If an allegation is lodged against the Minister of Justice, the Delegate shall be responsible for the processing.







[*:1asvcrkr] The Minister of Justice must call for evidence from the nation lodging the allegation during a consultation period that may last no more than three days. Upon the end of the three-day period, the Minister of Justice must determine if the evidence presented is strong enough to merit a trial. This decision will be made in a reply to the allegation post, and reasoning based on the charter and/or the code of laws shall be presented in the decision.







[*:1asvcrkr] If a trial is deemed necessary, the Minister of Justice is charged with creating a topic that designates a motion for trial. In the opening post, the Minister of Justice must establish the conflicting parties, charges brought upon the accused person(s) (labeled henceforth as the Defense) by the accuser(s) (labeled henceforth as the Prosecution), the jury, and if the trial is open to public comments or is private.







[*:1asvcrkr] The Minister of Justice must select three nations to serve as jurors from a random pool of volunteering citizens. Either party may reject any nominated juror, and any requests to call for the removal of a juror must be registered within 24 hours of the creation of the trial thread. The Minster of Justice then has one day to select a new juror or defend the decision regarding the selection of the juror in question.







[*:1asvcrkr] The Minister of Justice is charged with guiding the direction of the trial: from the motion, to evidence provided by the Prosecution, to the Defense, to opening the floor for questions, and suspending the trial to allow for jurors to reach a verdict. Only those given clearance to post during the trial may do so as directed by the Minister of Justice.







[*:1asvcrkr] Procedure for any trial is as follows.[*:1asvcrkr] The trial will begin with three days for the Prosecution to present their case, three days for the Defense to make their case, and finally three days in which closing arguments can be made by both Prosecutor and Defender. The Defender always gets the last word.







[*:1asvcrkr] If the Prosecution fails to attend during their three days, the trial will be cancelled and the accused acquitted of all charges.







[*:1asvcrkr] If the Defense fails to show up during their three days, the defense is dismissed.







[*:1asvcrkr] Either side may request for more time.







[*:1asvcrkr] After the proceedings have ended, the trial thread is locked by the Minister of Justice.











[*:1asvcrkr] Following closing arguments the jury has a maximum of seven days to reach a verdict. The jury will judge only the charges presented by the Minister of Justice following the proceedings. A verdict is reached when the majority of jurors are in agreement.







[*:1asvcrkr] Verdicts must be announced giving only the charges laid, the parties involved, and whether those parties are guilty or not guilty.







[*:1asvcrkr] If a verdict is not reached by a jury, for whatever reason, a mistrial will be declared and the Minister of Justice must re-examine the evidence, as specified in <strong class='bbc'>Article 7.5</strong>, and decide whether to proceed with a new trial.







[*:1asvcrkr] Any nation found to be seeking to influence the deliberations of the jury will be prosecuted with a maximum penalty of expulsion from The South Pacific.







[*:1asvcrkr] Sentences must be carried out within three days of a verdict being rendered by the Minister of Justice, unless the verdict specifies a different timing. The Minister of Justice may call upon forum administrators or the Delegate to assist with carrying out sentencing.







[*:1asvcrkr] Appeals may be lodged with the Minister of Justice, but only if evidence is supplied showing the trial was not conducted legally.







[*:1asvcrkr] Appeals will be heard by the Delegate, following the procedures for trial laid out in <strong class='bbc'>Article 7, 5-18</strong>.





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<strong class='bbc'>Article 8 - Duties of Elected Officials</strong>

[*:1asvcrkr]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.







[*:1asvcrkr]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.







[*:1asvcrkr]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.[*:1asvcrkr]Any executive policy must comply with the charter and the code of laws of The South Pacific.







[*:1asvcrkr]No executive policy may result in the banning or expulsion from any nation residing in The South Pacific.







[*:1asvcrkr]Any executive policy may be overturned by a motion of the assembly.









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<strong class='bbc'>Article 9 - Terms of Office</strong>

The terms of service for elected officials of the South Pacific, save the delegate, shall be three months.



<strong class='bbc'>Article 10 - Elections Timing</strong>

Elections shall be held on the first Saturday, of every March, June, September, and December. During elections, providing there is no one interested in any of the positions, the Delegate shall appoint someone for that particular term.



<strong class='bbc'>Article 11 - Special Elections</strong>

When a new Delegate takes office, the Delegate may call for new elections. Providing this is the case, the elections will occur on the first Saturday of the next month.



<strong class='bbc'>Article 12 - Impeachment</strong>[*:1asvcrkr] Any government member can be impeached for gross violation of the Charter or for gross misconduct.







[*:1asvcrkr] When a call for impeachment has been received it will be processed under <strong class='bbc'>Article 7</strong> of the Charter.







[*:1asvcrkr] If a guilty verdict is reached, the Cabinet, excluding the subject of the impeachment proceedings, must decide on a sentence.[*:1asvcrkr] The sentence must at minimum result in the subject of the impeachment proceedings being relieved of their responsibilities.







[*:1asvcrkr] The sentence may include, in addition to the above, a temporary or permanent ban on standing for office or a temporary or permanent expulsion from The South Pacific . The sentencing must be determined within a three-day period, or <strong class='bbc'>Article 12.3a</strong> shall be applied automatically.











[*:1asvcrkr] No appeals are possible to an impeachment verdict.





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<strong class='bbc'>Article 13 - Responsibilities and Authority of the Delegate</strong>[*:1asvcrkr] The Delegate?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.







[*:1asvcrkr] 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.







[*:1asvcrkr] 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.







[*:1asvcrkr] The Delegate shall be informed of all information concerning the region by the Cabinet immediately.







<strong class='bbc'>Article 14 - Responsibility and authority of the Chair of the Assembly</strong>[*:1asvcrkr]The Chair of the Assembly shall uphold the procedures of the assembly as laid out in <strong class='bbc'>Article 6</strong> of the Charter.







[*:1asvcrkr]The Chair of the Assembly may initiate and participate in assembly discussions, but shall keep to the highest debate standards.







[*:1asvcrkr]The Chair of the Assembly shall be responsible for upholding the rights within the assembly of all its members.







[*:1asvcrkr]The Chair of the Assembly shall verify that only recognized citizens can participate in the assembly.







<strong class='bbc'>Article 15 - Responsibilities and authority of the Ministry of Justice</strong>[*:1asvcrkr] The Ministry of Justice shall be responsible for all judiciary activities in the region, as outlined in Article 7.







[*:1asvcrkr] If a nation feels it was wrongfully ejected from the region, they may file a claim with the Ministry of Justice. Providing the Justice finds in favor of the plaintiff, the Delegate will then un-ban the nation in order to allow them to return to the region.







[*:1asvcrkr] The Ministry shall be responsible for the maintenance of the Code of Laws (archiving, interpreting, etc.).







[*:1asvcrkr] The Ministry is responsible for following through with Judicial Review when necessary.







<strong class='bbc'>Article 16 - Responsibilities and authority of the Ministry of Foreign Affairs</strong>[*:1asvcrkr] The Ministry of Foreign Affairs shall be responsible for any formal relations between the region and any foreign regions.







[*:1asvcrkr] 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.







[*:1asvcrkr] This Ministry cannot form alliances without the consent of the Assembly of The South Pacific by vote or consensus.







<strong class='bbc'><span class='bbc_underline'>Article 17 - Responsibilities and authority of the Ministry of Security</strong></span>[*:1asvcrkr] The Ministry of Security shall be responsible for ensuring that no one obtains the delegate position except by legal means.







[*:1asvcrkr] The Ministry of Security shall assist the delegate in seeing that all nations are in compliance with the endorsement cap.







[*:1asvcrkr] 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:

- The assembly of a militia for the defence of The South Pacific or a region The South Pacific is allied with.

- The creation of an Intelligence effort to find critical information for the defence of the region.





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<strong class='bbc'><span class='bbc_underline'>Article 18 - Responsibilities and authority of the Ministry of Regional Affairs</strong></span>[*:1asvcrkr] The Ministry of Regional Affairs shall be responsible for directing and running regional roleplay







[*:1asvcrkr] The Ministry of Regional Affairs shall be responsible for the creation and maintainance of the regional map







[*:1asvcrkr] The Ministry of Regional Affairs shall be responsible for maintaining RMB activity, and promoting the offsite regional forums to nations within the region





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<strong class='bbc'>Article 19 ? Proposals</strong>

This charter may be amended as necessary. Amendments may be proposed by any member state, or by the government of The South Pacific.



<strong class='bbc'>Article 20 ? Submitting A Proposal</strong>

Amendments proposed must be submitted to the Cabinet of The South Pacific so that it may inform all other member states, through all available means of mass communication available to the Cabinet.



<strong class='bbc'>Article 21 ? Voting</strong>

Voting will last for one month. Amendments are approved by a 50% plus 1 (one)affirmative vote of all participating states.



<strong class='bbc'>Article 22 ? Special Circumstances</strong>

Charter amendments will be accepted at a more rapid pace during special, well-advertised events such as the Great Assembly.



<strong class='bbc'>Article 23 - Supremacy of the Charter</strong>[*:1asvcrkr] This Charter shall carry supremacy over any other law of the South Pacific.







[*:1asvcrkr] If a law or agreement of the South Pacific shall be found to be completely or partially in conflict with the Charter, the Ministry of Justice 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.







[*:1asvcrkr] Judicial Review may be initiated by any citizen nation, in which the Minister of Justice is charged with determining the need for review, with Charter backing, and providing a solution for the Assembly to discuss.







[*:1asvcrkr] After a one-week period of discussion, voting will commence. Voting will last one week, and must pass by a 60% majority.

If anyone else can see something that is out of date, please point it out.

[Daytime to Night]

Does that mean we can't try non-citizens?

[Belschaft]

Not currently, no. Getting rid of the word citizens would allow us to do so.

[Hileville]

Everything looks good to me. I think we should drop the word citizen in the Judiciary article though.

Here is the link that I found to the discussion of MoS bill but I am not sure if that is the final draft.
<a class='bbc_url' href='http://z1.invisionfree.com/forums/theSPacific/index.php?showtopic=9629&st=0'>http://z1.invisionfree.com/forums/theSPaci...topic=9629&st=0</a>

[Belschaft]

Ok, thanks I've also found Hammers revised version, which included the MoS and was PoB compliant. Clearly it never made it to the laws subforum.

[Topid]

At the end of the delegate election reform thread I motioned for an amendment fixing some things in the charter, but that was when everyone was starting to lose interest here so it went unacted on. For instance, Article 11 is not needed now that we have regular delegate elections IMO. Maybe we should consider that too?

[Hileville]

At the end of the delegate election reform thread I motioned for an amendment fixing some things in the charter, but that was when everyone was starting to lose interest here so it went unacted on. For instance, Article 11 is not needed now that we have regular delegate elections IMO. Maybe we should consider that too?

We could have a Great Assembly in which we will work on modifying the charter and proposing laws. I believe they did this every year for a couple of years or at least that is what I saw when I was looking around on the forum.

In my opinion he entire Charter needs to be updated and some rearranging in our laws forum should be done.

[Haxstree]

I approve of these changes Captain Belschaft.Also why does having regular delegate elections make Article 11 obsolete? It looks like it is allowing a newly elected delegate to call for other types of elections, like cabinet elections maybe? Shouldn't a new delegate be allowed to do that?

[Antioch]

yep you have also my support on that.

[Grandton Foreign Office]

Article 11 should stay.I also think that the delegate elections code should be integrated into the charter since Article 13 already details his/her responsibilities.