Proposal: Charter

[God-Emperor]

It's really just gonna end up as the SPA overseein' the operations of the TSPIA.

[Drugged Monkeys]

I will come up with a new name for it to coincide with the proposed name change of The South Pacific Army a.k.a SPA to The New Southern Army a.k.a. NSA

[God-Emperor]

NSAIA?

[Hileville]

Updated the Charter with a judicial branch and added a proposal for the BoR into the Charter.

[HEM]

Some scattered thoughts:
 

The Delegate may not surrender the sovereignty of the Coalition to any group or alliance without the express permission of the Assembly.

 
This is bizarrely vague. We need a specific 60% in favor of a treaty, but basically a 50% + 1 vote can surrender regional sovereignty? 
 

The Ministry is responsible for the creation of an Intelligence Network.  The Ministry may appoint individuals to aid in gathering intelligence.

 
In my experience putting the military with intelligence (though seemingly a natural combo) can result in a stretched portfolio or a military based intelligence with a blind eye toward domestic security. Just something to consider.

[color=rgb(40,40,40);font-family:helvetica, arial, sans-serif;]The Committee for State Security...[/color]

I really don't like this idea. I promise I'm not just being an assholic contrarian, but it combines domestic judicial jurisdiction and domestic security issues. Some people would be qualified to advise on regional threats and security, but not legally versed enough to fairly rule on matters of domestic rules.
 
And yeah, some people will brush it off with "we don't have court cases" thing. Which is fine, up until the point some political opportunist takes you to court for some trivial offense that might result in some outrageous conviction because the "state security committee" can't define or spell "de factor", much less any other legal matter.
 

Procedures for trials and Judicial Reviews will be adopted by a majority vote of the Committee for State Security upon this document going into affect.

Even if we keep our supra committee, this needs to be modified. The committee judging legal cases shouldn't be the arbitrator of how those trials are all run. There's a huge abuse potential. We can work on some basic framework in the Assembly and pass it as a law.
 

Article 7:  Code of Laws
<ul class="bbc bbcol decimal">

[*]The Assembly may enact laws providing additional limitations and or procedures and place them in the Code of Laws.

[/list]

I don't understand why this necessary. Didn't we establish in the Assembly section that the Assembly had the power to make laws? 
 
(this is out of order, I didn't notice it before)
 

[color=rgb(40,40,40);font-family:helvetica, arial, sans-serif;]The voting period will last three days for all General Laws and five days for Amendments to the Charter.[/color]

Do we really want to set parliamentary procedures in the charter? I'd just as rather legislate on it separately to keep it out of the charter. There may be times where these guidelines should not / can not be adhered to.

[Hileville]

Some scattered thoughts:
 
 
This is bizarrely vague. We need a specific 60% in favor of a treaty, but basically a 50% + 1 vote can surrender regional sovereignty? 
 
 
In my experience putting the military with intelligence (though seemingly a natural combo) can result in a stretched portfolio or a military based intelligence with a blind eye toward domestic security. Just something to consider.
I really don't like this idea. I promise I'm not just being an assholic contrarian, but it combines domestic judicial jurisdiction and domestic security issues. Some people would be qualified to advise on regional threats and security, but not legally versed enough to fairly rule on matters of domestic rules.
 
And yeah, some people will brush it off with "we don't have court cases" thing. Which is fine, up until the point some political opportunist takes you to court for some trivial offense that might result in some outrageous conviction because the "state security committee" can't define or spell "de factor", much less any other legal matter.
 
Even if we keep our supra committee, this needs to be modified. The committee judging legal cases shouldn't be the arbitrator of how those trials are all run. There's a huge abuse potential. We can work on some basic framework in the Assembly and pass it as a law.
 
I don't understand why this necessary. Didn't we establish in the Assembly section that the Assembly had the power to make laws? 
 
(this is out of order, I didn't notice it before)
 
Do we really want to set parliamentary procedures in the charter? I'd just as rather legislate on it separately to keep it out of the charter. There may be times where these guidelines should not / can not be adhered to.

 
A few points:
 
The Delegate not being able to surrender the sovereignty of the region was carried over from the current charter.  That clause has been in the Charter since I have been in the region.  You bring up a good point about the vote on something like that however.
 
The CSS is more of the Domestic Security watchdog group rather than the army.  While the army is and would be responsible for defending the region the CSS ideally would handle keeping an eye on domestic security.  Clarification on that can be drafted or an alternative can be suggested if someone has one.
 
We don't have Court cases.  You can take a shot at coming up with an alternative to this.  We can never come to a consensus on what to do with the Judiciary.
 
While we established that they can create laws in the Assembly area this clause established where these laws will go.  Which is one document now compared to several in the past.
 
Assembly procedure has always been in the Charter which is why I left it there.  If everyone wants it to be in the Code of Laws that is fine with me.

[HEM]

The Delegate not being able to surrender the sovereignty of the region was carried over from the current charter.  That clause has been in the Charter since I have been in the region.  You bring up a good point about the vote on something like that however.

The clause existing isn't my problem The potential "problem" is that we are *super* specific about what percent of the Assembly needs to approve amendments, approve treaties but the Assembly *only* has to "approve" surrendering our sovereignty.
 

The CSS is more of the Domestic Security watchdog group rather than the army.  While the army is and would be responsible for defending the region the CSS ideally would handle keeping an eye on domestic security.  Clarification on that can be drafted or an alternative can be suggested if someone has one.

 
I knew they weren't an army silly My point is that the judicial branch and a group of military advisers is a bizarre combo, as each has a totally differing set of qualifications.

[God-Emperor]

Agreed.  I stand by my "triumvirate" proposal.  I don't think this is the kinda region that has military tribunals.

[Hileville]

At this point not giving an alternate solution doesn't help.
 
Nobody likes any change we have discussed at length about the Judiciary.

[God-Emperor]

We haven't discussed it at length.  I only mentioned it in the judicial branch thread less than a week ago.

[Belschaft]

I'm not overly concerned about the judiciary to be honest. We haven't had a trial since TSP vs. Anur-Sanur, and haven't had a criminal complaint in roughly a year. I do not believe we have had a request for judicial review since Unibot held the MoJ. We need some kind of judicial provision on the off chance that we need it, but it is a very small of chance and the CSS will suffice.
 
Speaking as CoA, I am satisfied with the current draft and would have no issues with bringing it to vote. I will be double checking everything again looking for contradictions, but at present I see none.

[HEM]

I'm writing up an alliterative tomorrow.

[God-Emperor]

HEM can't spell alternative so his iPad autocorrected to alliterative.

[HEM]

Shut up

[HEM]

<p style="color:rgb(40,40,40);font-family:helvetica, arial, sans-serif;">Article 4:  Judiciary

 

Section 1 - Supreme Court
<ul class="bbc bbcol decimal">

[*]The Supreme Court shall have an elected Chief Justice to hear all cases. He will be elected alongside Cabinet officials every four months.

[*]A list of standing "volunteers" with suitable legal experience shall be maintained by the Chief Justice. If the need arises, two volunteers will be chosen on a rotating basis to join the Chief Justice in handling the case as temporary Associate Justices. 

[*]If a conflict of interest seems to be present the Chief Justice, with the consent of the Assembly, may chose a volunteer to serve as a temporary Associate Justice out of rotation.

[/list]<p style="color:rgb(40,40,40);font-family:helvetica, arial, sans-serif;">Section 2 - Powers
<ul class="bbc bbcol decimal">

[*]The Supreme Court is responsible for determining innocence or guilt in criminal cases.

[*]The Supreme Court may declare any General Law that conflicts this Charter defunct.

[*]The Supreme Court may remove Citizenship if guilt is found.

[/list]Section 3 - Criminal Cases
<ul class='bbcol decimal'>

[*]If charges are filled against a citizen the case may be ran with a partial court (defined as just the Chief Justice presiding) -- or if the defendant request, with the "full court" (defined as the Chief Justice with two temporary associate justices).

[*]If the case is held with a partial court, the defendant may appeal the case if they feel the sole justice acted unfairly. With a full court, no appeals may be made.

[*]The court is responsible -- in conjunction with the Assembly -- setting a consistent and just manner of taking and proceeding with legal cases.

[/list]Section 4 - Legal Questions
<ul class='bbcol decimal'>

[*]Legal questions will always be handled by a partial court.

[*]Those asking legal questions referring to the Charter may request an additional legal opinion, which will be given by the next rotating temporary associate justice. If the legal opinions substantially differ, then a full court will convene to issue a final opinion.

[/list]Section 5 - Other
<ul class='bbcol decimal'>

[*]The Chief Justice is not prohibited from joining the Assembly or any associated organization in the South Pacific barring a political party or interest group.

[*]The Chief Justice shall have the authority to examine laws and make recommendations to the Assembly, however he may not arbitrarily issue judgements or opinions on laws without a specific legal question

[/list]

[Sandaoguo]

I'm not sure I agree that TSP doesn't need a judiciary. <em class='bbc'>Some </em>kind of oversight of the CSS is necessary, in my opinion. My concern is based upon what happened in Osiris, where the people who made up the equivalent of the CSS committed a coup, but couldn't be legally punished (even if the Pharaoh had decided to file suit) because they were essentially above the law. If the CSS is also the judiciary, who is watching the CSS?
 
That behind said, I think HEM's alternative is pretty decent. 

[God-Emperor]

As do I, except I don't like the idea of the Chief Justice runnin' for reelection.

[Hileville]

Preamble:



We the nations of the Coalition of the South Pacific, hereby establish this Charter in order to preserve and protect the freedom, prosperity, security, and well being of our region as a whole and its individual states.



<span>Article 1: Citizenship and Regulations of Citizenship</span>
<ul class="bbcol decimal bbc">

[*]All nations of the Coalition of the South Pacific may apply for Citizenship in the Coalition.

[*]Citizens are guaranteed the rights defined [color=#0000ff;]in Article 2.[/color]

[*]All members, in order to ensure to all of them the rights and benefits resulting from membership, shall fulfill in good faith the obligations assumed by them in accordance with the present charter and Code of Laws.

[*]All nations wishing to obtain Citizenship must accept the terms and provisions of the Charter and provide their current nation residing in the South Pacific and current nation which holds membership in the World Assembly and all current regions and organizations in which the applicant is involved in.

[*]Citizenship requires a nation to be in the Coalition at all times. If a Citizen no longer has a nation residing within the Coalition their Citizenship may be removed by a majority vote of the Cabinet.

[/list]<span>Article 2: Bill of Rights</span>
<ul class="bbcol decimal bbc">

[*]All citizens are entitled to the freedom of thought, belief, and opinion.

[*]All citizens are entitled to the freedom of expression, including the freedom of press, notwithstanding expression be considered unjustifiable as per the Criminal Code.

[*]All citizens are entitled to the freedom of peaceful assembly.

[*]All citizens are entitled to the freedom of association.

[/list]​<span>Article 3: Legislature</span>



Section 1 - Assembly and Powers of the Assembly
<ul class="bbcol decimal bbc">

[*]The Assembly will be comprised of all Citizens of the South Pacific.

[*]The Assembly is responsible for the drafting and discussion of General Laws, and Amendments to the Charter and General Laws.

[*]The Assembly may pass and amend a General Law with a vote resulting in 50% + 1 in favor.

[*]The Assembly may amend the Charter with a vote resulting in a 75% majority in favor.

[*]The Assembly has the sole power to declare a state of war exists with another region or organization.

[*]The Assembly has the sole power to pass a treaty with another region or organization.

[*]Declarations of War and Treaties require a 60% majority in favor.

[*]Proposed legislation may be moved to a vote after a Motion and a Second to vote is lodged.

[*]The voting period will last three days for all General Laws and five days for Amendments to the Charter.

[/list]Section 2 - Chair of the Assembly and Duties of the Chair.
<ul class="bbcol decimal bbc">

[*]The Assembly will elect a Chair which will be responsible for the administration of all aspects of the drafting, debate, and passage of legislation.

[*]The Chair of the Assembly will serve on the Cabinet and act as the Legislative Liaison between the Cabinet and Assembly.

[*]The Chair will serve a term lasting four months.

[*]Procedures for the election of the Chair must be defined in Code of Laws.

[/list]<span>Article 4: Judiciary</span>



Section 1 - Supreme Court
<ul class="bbcol decimal bbc">

[*]The Supreme Court shall have an elected Chief Justice to hear all cases. He will be elected alongside Cabinet officials every four months.

[*]A list of standing "volunteers" with suitable legal experience shall be maintained by the Chief Justice. If the need arises, two volunteers will be chosen on a rotating basis to join the Chief Justice in handling the case as temporary Associate Justices.

[*]If a conflict of interest seems to be present the Chief Justice, with the consent of the Assembly, may chose a volunteer to serve as a temporary Associate Justice out of rotation.

[/list]Section 2 - Powers
<ul class="bbcol decimal bbc">

[*]The Supreme Court is responsible for determining innocence or guilt in criminal cases.

[*]The Supreme Court may declare any General Law that conflicts this Charter defunct.

[*]The Supreme Court may remove Citizenship if guilt is found.

[/list]Section 3 - Criminal Cases
<ul class="bbcol decimal bbc">

[*]If charges are filled against a citizen the case may be ran with a partial court (defined as just the Chief Justice presiding) -- or if the defendant request, with the "full court" (defined as the Chief Justice with two temporary associate justices).

[*]If the case is held with a partial court, the defendant may appeal the case if they feel the sole justice acted unfairly. With a full court, no appeals may be made.

[*]The court is responsible -- in conjunction with the Assembly -- setting a consistent and just manner of taking and proceeding with legal cases.

[/list]Section 4 - Legal Questions
<ul class="bbcol decimal bbc">

[*]Legal questions will always be handled by a partial court.

[*]Those asking legal questions referring to the Charter may request an additional legal opinion, which will be given by the next rotating temporary associate justice. If the legal opinions substantially differ, then a full court will convene to issue a final opinion.

[/list]Section 5 - Other
<ul class="bbcol decimal bbc">

[*]The Chief Justice is not prohibited from joining the Assembly or any associated organization in the South Pacific barring a political party or interest group.

[*]The Chief Justice shall have the authority to examine laws and make recommendations to the Assembly, however he may not arbitrarily issue a judgement or opinion on laws without a specific legal question being filed.

[/list]<span>Article 5: Executive</span>



Section 1 - Cabinet and Powers of the Cabinet
<ul class="bbcol decimal bbc">

[*]The Cabinet shall strive to promote activity in the region and shall remain cognizant of the well-being of all nations in the Coalition of the South Pacific.

[*]The Cabinet may adopt Executive Policy in cases where no law exists, this policy may not conflict with the Charter, Bill of Rights, or Code of Law.

[*]The Cabinet may appoint Deputies to assist in carrying out the duties established for their Respective Office.

[*]The Cabinet will serve a term lasting four months.

[*]Procedures for the election of the Cabinet must be defined in the Code of Laws.

[*]The Cabinet shall consist of the Delegate, Vice Delegate, Minister of Foreign Affairs, Minster of Regional Affairs, Minister of the Army, and Chair of the Assembly.

[/list]Section 2 - The Office of the Delegate and Vice Delegate
<ul class="bbcol decimal bbc">

[*]The Delegate will serve as the Head of State and be responsible for leading the Cabinet.

[*]The Delegates power is only binding as as long as they continue to be elected by the procedures set forth in the Code of Laws unless, the Cabinet Ministries bow to the will of the Office of the Delegate, not the nation wielding the power.

[*]The Delegate may not surrender the sovereignty of the Coalition to any group or alliance without the express permission of the Assembly.

[*]The Delegate may implement policies regarding regional message board adverts and spam and expel recruiters for violating said policies.

[*]The Delegate is responsible for making sure all nations abide by the endorsement cap as established by the Cabinet.

[*]The Delegate may eject nations when permitted by the Charter and Code of Laws[color=#0000ff;].[/color]

[*]With the majority approval of the Committee for State Security, the Delegate may declare a State of Emergency.

[*]The Vice Delegate will hold the second highest amount of endorsements in the region at any given time.

[*]In the event that the Delegate resigns, is recalled, or otherwise unable to carry out their duties the Vice Delegate will immediately assume the Office of the Delegate.

[/list]Section 3 - Ministry of Foreign Affairs
<ul class="bbcol decimal bbc">

[*]The Ministry of Foreign Affairs will be led by the Minister of Foreign Affairs.

[*]The Ministry is responsible for all interactions with foreign regions.

[*]The Ministry has the power to negotiate treaties, alliances, and other agreements with a foreign entity. Enactment of a treaty or alliance requires a vote of the Assembly in accordance with the provisions for General Laws.

[*]The Ministry is responsible for the drafting and distribution of a regional update. The Ministry may work closely with the South Pacific Independent News Network to carry out this task.

[*]The Ministry is responsible for approving, denying, constructing, and requesting the removal of embassies and consulates.

[/list]Section 4 - Ministry of the Army
<ul class="bbcol decimal bbc">

[*]The Ministry of the Army will be led by the Minister of the Army.

[*]The Ministry is responsible for overseeing the Armed Forces of the Coalition.

[*]The Ministry is responsible for the defense of the region.

[*]The Ministry is responsible for the creation of an Intelligence Network. The Ministry may appoint individuals to aid in gathering intelligence.

[/list]Section 5 - Ministry of Regional Affairs
<ul class="bbcol decimal bbc">

[*]The Ministry of Regional Affairs will be led by the Minister of Regional Affairs.

[*]The Ministry is responsible for the integration of citizens into the Community.

[*]The Ministry is responsible for planning and carrying out Cultural Events for the region and with allied regions.

[*]The Ministry is responsible for promoting RMB and IRC activity and promotion of the regional forums.

[*]The Ministry is responsible for directing and running roleplay and the maintenance of the regional map.

[*]The Ministry is responsible for creating letters about government happenings, distributing such letters to the region in-game, and posting them on the RMB.

[/list]<span>Article 6: The Committee for State Security</span>



Section 1 - Membership and Approval
<ul class="bbcol decimal bbc">

[*]Membership in the Committee for State Security requires membership in the World Assembly with a nation in the in-game region and the approval of the Assembly.

[*]Citizens wishing to become members of the Committee for State Security may submit their application for admittance to the assembly.

[*]Membership will require a 75% majority vote in favor of admittance by the Assembly.

[*]Committee for State Security members may be proposed by the Delegate to the Assembly.

[*]The Vice Delegate will serve as the Chair of the Committee for State Security.

[*]The Minister of the Army and Minster of Foreign Affairs will serve on the Committee for State Security but are not required to meet the requirement of holding a World Assembly nation in the[color=#0000ff;] [/color]Coalition.

[/list]Section 2 - Regulations
<ul class="bbcol decimal bbc">

[*]The Committee for State Security shall be responsible for aiding the Cabinet in setting an Endorsement Cap.

[*]Council members must never exceed the amount of WA endorsements obtained by the legal Vice Delegate.

[*]The Committee for State Security is responsible for establishing an endorsement cap.

[*]The Assembly will adopt a line of succession past the Vice Delegate which consists of members of the Committee for State Security. After the initial adoption, new members will be added to the end of the succession list.

[/list]<span>Article 7: Code of Laws</span>
<ul class="bbcol decimal bbc">

[*]The Assembly may enact laws providing additional limitations and or procedures and place them in the Code of Laws.

[/list]<span>Article 8: Forum and Forum Administration</span>
<ul class="bbcol decimal bbc">

[*]The Coalition's official regional forums are located at <a class='bbc_url' href='http://forums.thesouthpacific.org./'>http://forums.thesouthpacific.org.</a>

[*]The Regional Forum is administrated by its administrators and moderation team.

[*]Forum Administration must establish moderation policies.

[*]Changes in Moderation policies must be announced 1 week prior to the change taking effect.

[*]Forum Administration will be responsible for enforcing the moderation policies.

[/list]<span>Article 9: Amendments</span>
<ul class="bbcol decimal bbc">

[*]This Charter may be amended as needed in accordance with Article 2.

[*]All Citizens have the right to request a Great Council for a review of the entire Charter, Bill of Rights, and Code of Laws. A Great Council may is limited to one every six months, however is not required.

[/list]<span>Article 10: Supremacy</span>
<ul class="bbcol decimal bbc">

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

[/list]

[Hileville]

I posted the final draft above.  Please review and let me know if I missed anything.

[Milograd]

I posted my comments on IRC. It looks good otherwise.

[Hileville]

I posted my comments on IRC. It looks good otherwise.

 
Added.  This was removing the power from the cabinet for edno cap and giving it to the CSS.

[God-Emperor]

I don't like either.  I think it should remain with the Assembly.

[Awesomiasa]

Can I just ask, where did that line from the current Charter go that read "Directing and running regional roleplay and maintenance of the regional map"  under the responsibilities of the MoRA? 

[Hileville]

Added that back in.

[Awesomiasa]

Thanks!