Proposal: Charter

[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.

 

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

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

[*]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]​Article 3:  Legislature

 

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

[*]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.

[*][color=#0000ff;]The Assembly has the sole power to declare a state of war exists with another region or organization.[/color]

[*][color=#0000ff;]The Assembly has the sole power to pass a treaty with another region or organization.[/color]

[*][color=#0000ff;]Declarations of War and Treaties require a 60% majority in favor.[/color]

[*]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="bbc bbcol decimal">

[*]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]Article 4:  Executive

 

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

[*]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 under the advisement of the Committee for State Security is responsible for establishing an endorsement cap.

[*]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="bbc bbcol decimal">

[*]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]

[*]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="bbc bbcol decimal">

[*]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="bbc bbcol decimal">

[*]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="bbc bbcol decimal">

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

[/list]Article 5:  Judiciary
<ul class="bbc bbcol decimal">

[*] 

[*]The Committee for State Security shall have the power to hear all civil and criminal cases and ensure the Charter carries supremacy over all General Laws.

[*]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.

[*]If a discrepancy is found with a law the Committee for State Security must inform the Assembly immediately in which case the Assembly will resolve the discrepancy according to normal procedures.

[/list][color=#282828;][font="helvetica, arial, sans-serif;"] [/color][/font]

Article 6:  The Committee for State Security

 

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

[*]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="bbc bbcol decimal">

[*]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 monitoring the security of the region and carrying out the removal of the Delegate in the event of a recall.

[*]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.

[*][color=#0000ff;]The Committee for State Security shall carry out the responsibilities as laid out in Article 5.[/color]

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

[*]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]Article 9:  Amendments
<ul class="bbc bbcol decimal">

[*]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]Article 10:  Supremacy
<ul class="bbc bbcol decimal">

[*] 

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

[/list][spoiler=Draft 1.0]So I had some time and drafted the below as a proposal to discuss.  While drafting this I did happen to notice how similar we seem to be to TNP and how some of the changes that have been discussed here and before the GC would lead us to be even more similar.

 

I will also have the General Code of Laws either today or tomorrow depending on time.

 

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.

 

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

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

[*]Citizens are guaranteed the rights defined by the Bill of Rights.

[*]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 General 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.

[*]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][color=#282828;][font="helvetica, arial, sans-serif;"]Article 2:  Legislature[/color][/font]

 

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

[*]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, Bill of Rights, 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 or Bill of Rights with a vote resulting in a 75% 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 five days.

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

[*]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 General Laws.

[/list]Article 3:  Executive

 

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

[*]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, this policy may not conflict with the Charter, Bill of Rights, or Code of General Law.

[*]The Cabinet may appoint other Citizens to aid in Carrying out the Duties of their Office.

[*]The Cabinet is responsible for establishing an endorsement cap.

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

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

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

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

[*]The Delegates power is only binding as long as they hold the in-game Office of the Delegate, 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 must act in the best interest of the region with the consent of the region.

[*]The Delegate may adopt policies on ad spam and expel recruiters for violation of 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.

[*]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="bbc bbcol decimal">

[*]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.

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

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

[*]The Ministry is responsible for the Security of the Region.

[*]The Ministry is responsible for ensuring nobody illegally obtains the Delegate Seat.

[*]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="bbc bbcol decimal">

[*]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.

[/list]Article 4:  Judiciary (Not really sure about this.  We need more discussion on the Judiciary.  Just a start here.)

 

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

[*]The Supreme Court shall be comprised of a Tribunal of 3 Justices.

[*]The Supreme Court will hear all criminal complaints, accept all requests for reviews of law.

[/list]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]Article 5:  The Security Council

 

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

[*]Membership in the Security Council requires membership in the World Assembly with a nation in the Coalition and approval of the Assembly.

[*]Citizens wishing to become members of the Security Council may apply for admittance to the Assembly.

[*]Security Council members may be proposed by the Delegate to the Assembly.

[*]The Vice Delegate will serve as the Chair of the Security Council.

[*]The Minister of Secuirty and Minster of Foreign Affairs will serve on the Secuirty Council but are not required to meet the requirement of holding a World Assembly nation in the Coalition.

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

[*]The Security Council is permitted to exceed the endorsement cap as set by the Cabinet.

[*]Council members must never exceed the amount of Endorsements obtained by the Delegate.

[*]The Security Council is responsible for monitoring the security of the region and carrying out the removal of the Delegate  in the event of a recall.

[*]The Assembly will adopt a line of succession past the Vice Delegate of members of the Security Council.  After the initial adoption new members will be added to the end of succession list.

[/list]Article 6:  General Code of Laws
<ul class="bbc bbcol decimal">

[*] 

[*]The Assembly may establish further laws and place them in the General Code of Laws.

[*]The Coalition may establish a Regional Military and shall be regulated in the General Code of Laws.

[/list]Article 7:  Forum and Forum Administration
<ul class="bbc bbcol decimal">

[*] 

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

[*]The Regional Forum is Administered by it's administrators and moderation team.

[*]Forum Administration must establish moderation policies.

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

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

[/list]Article 8:  Amendments
<ul class="bbc bbcol decimal">

[*] 

[*]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 General Code of Laws.  A Great Council may only be called once per year but is not required.

[/list][/spoiler]

[Milograd]

These are my thoughts, suggestions, and questions about this draft. I created a charter draft of my own, but unfortunately it wasn't saved.
 
I like this idea as a start.
 

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. [color=#008000;]<em class='bbc'>(I've never been a fan of 'Coalition' as a pre-title. It implies something that doesn't really reflect our government too well: I think "People's Republic" or something similar would be better. Jokes aside, we are a republic and we've always had a lot of emphasis on serving the people here, so I think it's appropriate and workable. "Republic" could also work. A fresh name might be nice, and I think it would be great if it fit us well.)</em>[/color]

 

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

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

[*]Citizens are guaranteed the rights defined by the Bill of Rights.

[*]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 General 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. [color=#008000;](Perhaps include something in about listing previous regions/organizations?)[/color]

[*]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] 
[color=#282828;][font="helvetica, arial, sans-serif;"]Article 2:  Legislature[/color][/font]

 

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

[*]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, Bill of Rights, 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 or Bill of Rights with a vote resulting in a 75% 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 five days. [color=#008000;](Can we make it four days? I have never been a fan of five.)[/color]

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

[*]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 General Laws.

[/list] 
Article 3:  Executive

 

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

[*]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, this policy may not conflict with the Charter, Bill of Rights, or Code of General Law. [color=#008000;]<em class='bbc'>(We should probably clarify what "executive policy" entails or could entail.)</em>[/color]

[*]The Cabinet may appoint other Citizens to aid in carrying out the duties of their office. [color=#008000;](I've edited this for grammar, but I'm also confused by the fact that "offices" isn't used. Is this meant to mean that cabinet members may appoint other citizens to assist them, or that they cabinet as a whole may appoint other citizens to assist the body itself? I would prefer the latter, and we should probably reword this if it's what we're shooting for.)[/color]

[*]The Cabinet is responsible for establishing an endorsement cap. [color=#008000;](I feel that this should be left up to the Delegate, Vice-Delegates, and the MoS. I'm not fond of the fact that people who aren't elected to positions about security are given the ability to determine what our primary security measures entail.)[/color]

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

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

[*][color=#0000ff;]The Cabinet shall consist of any government position that has its own section in this article. [/color][color=#008000;](I've made a very simple addition: I think it should be here for the sake of avoiding any confusion, and so that it's clearly defined.)[/color]

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

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

[*]The Delegates power is only binding as long as they hold the in-game Office of the Delegate, the Cabinet Ministries bow to the will of the Office of the Delegate, not the nation wielding the power. <em class='bbc'>([color=#008000;]I think the first sentence here needs to be rephrased to reflect that the delegate can only lose their power if they resign the delegacy, have their term end, et cetera: this current wording has some loopholes. If a delegate is temporarily couped, for example, it shouldn't mean that they lose their legal powers.)[/color]</em>

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

[*]The Delegate must act in the best interest of the region with the consent of the region. [color=#008000;](I agree with what we're trying to do here, but it seems like a superfluous policy insofar as all citizens are expected to act in the best interests of the region.)[/color]

[*]The Delegate may implement policies regarding regional message board adverts and spam and expel recruiters for violating said policies. [color=#008000;](Rephrased.)[/color]

[*]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. [color=#008000;](What about bans? And where in the charter do we clarify what reasons are and aren't permitted?)[/color]

[*]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="bbc bbcol decimal">

[*]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. 

[*][color=#0000ff;]The Minister of Foreign Affairs shall be granted forum moderator powers in the Embassy Row section of the South Pacific's off-site forum, and is responsible for approving, denying, constructing, and requesting the removal of embassies and consulates.[/color]

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

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

[*]The Ministry is responsible for the overseeing the security of the region. [color=#008000;](Rephrased.)[/color]

[*]The Ministry is responsible for ensuring nobody illegally obtains the in-game WA Delegate seat. [color=#008000;](Rephrased.)[/color]

[*]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="bbc bbcol decimal">

[*]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.

[*][color=#0000ff;]The Ministry is responsible for creating letters about government happenings, distributing such letters to the region in-game, and posting them on the RMB.[/color]

[/list][color=#008000;](Truth be told, I have been thinking about making the MoRA more so focused on serving as the primary bridge between the in-game region and the forum's government. I think it could work effectively as an entity dedicated to promoting resident's interests to the government, spreading awareness to the region about regular government happenings, and performing the tasks that it currently performs.)[/color]
 
Article 4:  Judiciary (Not really sure about this.  We need more discussion on the Judiciary.  Just a start here.)

 

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

[*]The Supreme Court shall be comprised of a Tribunal of 3 Justices. 

[*]The Supreme Court will hear all criminal complaints, and will accept all requests for reviews of law.

[/list]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][color=#008000;](I agree: we can talk about this once it is more developed as a concept.)[/color]
 
Article 5:  The Security Council [color=#008000;]<em class='bbc'>("The Committee for State Security" is clearly the superior name!)</em>[/color]

 

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

[*]Membership in the Security Council requires membership in the World Assembly with a nation in the in-game region and the approval of the Assembly. [color=#008000;]<em class='bbc'>(Added some extra words.)</em>[/color]

[*]Citizens wishing to become members of the Security Council may submit their application for admittance to the assembly. [color=#008000;](Rephrased.)[/color]

[*]Security Council members may be proposed by the Delegate to the Assembly.

[*]The Vice Delegate will serve as the Chair of the Security Council. [color=#008000;](I feel that the MoS should serve as the Chair.)[/color]

[*]The Minister of Security and Minster of Foreign Affairs will serve on the Secuirty Council but are not required to meet the requirement of holding a World Assembly nation in the Coalition.

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

[*]The Security Council is permitted to exceed the endorsement cap as set by the Cabinet. [color=#008000;](My earlier comments about how the SC should determine the cap stand. The SC should set the cap.)[/color]

[*]Council members must never exceed the amount of WA endorsements obtained by the legal WA Delegate. [color=#008000;](I've made some minor changes to the diction.)[/color]

[*]The Security Council is responsible for monitoring the security of the region and carrying out the removal of the Delegate in the event of a recall.

[*]The Assembly will adopt a line of succession past the Vice Delegate  which consists of members of the Security Council.  After the initial adoption, new members will be added to the end of succession list. [color=#008000;](Rephrased and slightly edited.)[/color]

[/list] 
[color=rgb(0,128,0);]<em>([/color][color=rgb(0,128,0);]Do we want to include something about investigations in this?)[/color]</em> 
Article 6:  General Code of Laws
<ul class='bbcol decimal'>

[*]The Assembly may establish further laws and place them in the General Code of Laws.

[*]The Coalition may establish a Regional Military and shall be regulated in the General Code of Laws.

[/list] 
<strong class='bbc'>Article 7:  Forum and Forum Administration</strong>
<ul class='bbcol decimal'>

[*]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. [color=rgb(0,128,0);](Fixed some grammar and spelling.)[/color]

[*]Forum Administration must establish moderation policies.

[*]Changes in Moderation policies must be announced 1 week prior to the change taken effect. [color=#008000;](Fixed some spelling.)[/color]

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

[/list] 
Article 8:  Amendments
<ul class='bbcol decimal'>

[*]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 General Code of Laws.  A Great Council may only be called once per year but is not required. [color=#008000;](<em class='bbc'>I personally think that once every half-year is more desirable as a maximum. Of course, we shouldn't necessarily exercise one that often, but I think it'd be irritating if we really needed to have a GC in November and had to wait until March to organize one.)</em>[/color]

[/list]

[Milograd]

We should also add something about declarations of war to A2S1.

[Hileville]

I agree with most. I will clarify my thoughts on the SC and Vice Delegate tomorrow.

[Awesomiasa]

<p style="font-size:14px;">This Charter is very well-written and clearly defined. However, I believe that the Bill of Rights should be encompassed in this Charter as Article 1 and that Citizenship should be a sub-point under it as the Bill of Rights should be the statue that governs the fundamental rights of the people in TSP.
<p style="font-size:14px;"> 
<p style="font-size:14px;">Also there should be a clause somewhere in the beginning or at the end that recognizes the supremacy of this Charter above all other laws of the TSP such that laws have to be checked for constitutionality. I adapted the following from the US Constitution:



"<strong class='bbc'>This Charter, and the Laws of the South Pacific which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the South Pacific, shall be the supreme law of the land; [color=rgb(255,0,0);]and the judges in every state shall be bound thereby, anything in the constitution or laws of any state to the contrary notwithstanding."[/color]</strong>
<p style="font-size:14px;"> 
<p style="font-size:14px;">I will need help fixing the part in red, but these are just some suggestions.  http://%5Burl=
<p style="font-size:14px;"> 
<p style="font-size:14px;">EDIT: I think A2S1 Parts 3-6 should be under A8 instead such that A8P1 can be removed.

[God-Emperor]

They aren't amendments.  They govern amendments.

[Brutland and Norden]

I have some comments on several areas, and here are they:
 
 

Art. 2 Sec. 2
The Delegates power is only binding as long as they hold the in-game Office of the Delegate, the Cabinet Ministries bow to the will of the Office of the Delegate, not the nation wielding the power.

I'm not so sure what this means... if for example, Person X loses the Delegacy to Invader Y, does it mean we don't have to follow Person X anymore and follow Invader Y, since s/he now holds the delegacy?
 
 

Art. 4: Judiciary

I'm not really a fan of a populous judiciary with wide powers; personally I'd rather have only one chief magistrate with two other judges to be appointed on an temporary basis, if there is a case that will be filed. That is, if cases will be filed. It would be a waste of (wo)manpower if we would have three justices that could never serve anywhere else.
 
Moreover, I propose that Art. 4 Sec. 2 be stricken out. There is the possibility of just three people having the final say in legislation and potentially imposing their will over the will of the Assembly by striking down legislation. IRL, judicial review might be a good idea, but even there, judicial activism with usurpation of legislative powers does occur. In a small community like TSP, with a system more akin to direct democracy, we rule ourselves with rules we agree upon, and I think judicial review is not needed. We know what contradicts the charter or not, since we ourselves made the Charter.
 
 

Art. 5: Security Council

Also, I'm not comfortable at the idea that we can have dozens of nations in the Security Council with no applicable endorsement cap to them. I still believe that only the VDs and the delegate should be allowed to break the endo cap. IIRC similar councils in other regions had been instrumental in the coups there, when the councils are infiltrated by supposedly 'trusted' people. These people were able to coup the region quickly since they had (legally) amassed endorsements and influence more easily.
 
An alternative would be to require these Security Council members to have endorsements at 75%-100% of the endo cap (75-100 endos at our current cap), or have another endo cap applicable to them (like, 125% of the normal cap). That way, if ever they will be called up to protect and secure the region, it will be easy for them to do so quickly, without us being exposed to the possibility of them being a threat if ever they turn out to be wolves hiding in sheep's clothing. So I'm partial to the current charter's (Omnibus Bill) process about selecting the members of the Security Council.
 
Just an anecdote, before being VD, I kept Brutland and Norden's endorsements at slightly below the endo cap. I did so because I believe that having an armed citizenry is important. And our weapons against rogue delegates, invaders, and coupers, are, of course, endorsements. If ever an invader threatens TSP, I can easily rise to protect the region when called upon. (I think I had worded it better in a TG to Antariel.) Being limited and covered by the endo cap is not a limitation to helping protect the region.
 
Keeping just below the cap (which many don't do) and staying long enough in the region, I had amassed enough influence to make it difficult for any invader to eject me from the region without much cost. So if we have dozens of people with a moderate amount of endos and amassed influence, sleeper agents keeping under the cap, that are activated when TSP is being couped, the invader will find it difficult to eject all of them. Moreover, foreign invaders (who don't know the members of the Security Council), will find it difficult to identify which one to eject, since all are under the cap and are not noticeable.
 
Now, if we are concerned about the few numbers of VD, that can be easily remedied by appointing some more trusted members through a process that is much more rigorous than for members of the Security Council. For me, the maximum VDs we could have is probably 3 or so.

[Milograd]

@Brutland and Norden: I believe that the Security Council will have a very tight applications process. We shouldn't have to worry too much about infiltrations, as it's something we know how to handle pretty well at this point.
 

---

 
This discussion makes me wonder if I'm still technically a vice-delegate, actually: I was a VD before I became delegate but my vice-delegacy was never actually resigned, terminated, or cancelled legally.  :ph34r:

[God-Emperor]

I can make the motion, if ya feel strongly 'bout it, but I assumed ya lose vice delegacy when ya gain the delegacy, unless ya were vice delegate and delegate at the same time.  I didn't think ya were.

[Milograd]

I was humorously implying that we should look into how to handle such scenarios. As far as I can tell, the only way to lose vice-delegacy is to resign it or have the Assembly take it away. This is also something that we can and should make more clear in the new charter.

[God-Emperor]

Agreed, but I'm all for a common sense approach to governance.  My approach was common sense, but we should get things like that over now so we never, ever havta legislate it.  

[Brutland and Norden]

@Brutland and Norden: I believe that the Security Council will have a very tight applications process. We shouldn't have to worry too much about infiltrations, as it's something we know how to handle pretty well at this point.

 
Sec. 2 allows people to individually apply to the Assembly if they want to join the Security Council. It doesn't need to have cabinet or delegate approval. If I were the delegate, I'd prefer to have only a few trusted individuals behind my back (by being able to break the endo cap). I don't want to open the floodgates to having dozens of them in there, ready to plunge the hidden dagger on my back.

[Milograd]

I don't want to open the floodgates to having dozens of them in there, ready to plunge the hidden dagger on my back.

Of course.

[Hileville]

Very good input so far. There are some things that need to be clarified which I will do soon. Also the legal code will clarify a lot of the concerns that have been brought up. This Charter changes the way we do vice delegates. Under this we would have one elected vice delegate and then the SC would be comprised of the traditional vd system.I will address everything else when I get home in an hour or so.

[God-Emperor]

I'll be here.

[Hileville]

Preamble:

 

We the nations of the [color=rgb(0,0,255);]Democratic Republic[/color] 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.

 

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

[*]All nations of the [color=rgb(0,0,255);]Democratic Republic[/color] of the South Pacific may apply for Citizenship in the [color=rgb(0,0,255);]Democratic Republic[/color].

[*]Citizens are guaranteed the rights defined by the Bill of Rights.

[*]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 [color=rgb(0,0,255);]all current regions and organizations in which the applicant is involved in.[/color]

[*]Citizenship requires a nation to be in the [color=rgb(0,0,205);]Democratic Republic[/color] at all times.  If a Citizen no longer has a nation residing within the [color=rgb(0,0,255);]Democratic Republic[/color] their Citizenship may be removed by a majority vote of the Cabinet.

[/list][color=rgb(40,40,40);][font="helvetica, arial, sans-serif;"]Article 2:  Legislature[/color][/font]

 

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

[*]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, Bill of Rights, 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 or Bill of Rights with a vote resulting in a 75% majority in favor.

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

[*][color=rgb(0,0,255);]The voting period will last three days for all General Laws and five days for Amendments to the Charter.[/color]

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

[*]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]Article 3:  Executive

 

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

[*]The Cabinet shall strive to promote activity in the region and shall remain cognizant of the well-being of all nations in the [color=rgb(0,0,255);]Democratic Republic[/color] 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 under the advisement of the Committee for State Security is responsible for establishing an endorsement cap.

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

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

[*][color=rgb(0,0,255);]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.[/color]

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

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

[*]The Delegates power is only binding as [color=rgb(0,0,255);]as long as they continue to be elected by the procedures set forth in the Code of Laws unless [/color], 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 [color=rgb(0,0,255);]Democratic Republic[/color] 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 [color=rgb(0,0,255);]Code of Laws.[/color]

[*]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="bbc bbcol decimal">

[*]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. 

[*][color=rgb(0,0,255);]The Ministry is responsible for approving, denying, constructing, and requesting the removal of embassies and consulates.[/color]

[/list][color=rgb(0,0,255);]Section 4 - Ministry of the Army[/color]
<ul class="bbc bbcol decimal">

[*][color=rgb(0,0,255);]The Ministry of the Army will be led by the Minister of the Army.[/color]

[*][color=rgb(0,0,255);]The Ministry is responsible for overseeing the Armed Forces of the Democratic Republic.[/color]

[*][color=rgb(0,0,255);]The Ministry is responsible for the defense of the region.[/color]

[*][color=rgb(0,0,255);]The Ministry is responsible for the creation of an Intelligence Network.  The Ministry may appoint individuals to aid in gathering intelligence.[/color]

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

[*]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.

[*][color=rgb(0,0,255);]The Ministry is responsible for creating letters about government happenings, distributing such letters to the region in-game, and posting them on the RMB.[/color]

[/list] 

Article 4:  Judiciary [color=rgb(0,128,0);]Don't know about the Judicial Branch.  Nothing that has been proposed really screams out at me.[/color]

 

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

[*]The Supreme Court shall be comprised of a Tribunal of 3 Justices. 

[*]The Supreme Court will hear all criminal complaints, and will accept all requests for reviews of law.

[/list]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] 

Article 5:  The Committee for State Security

 

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

[*]Membership in the [color=rgb(0,0,255);]Committee for State Security[/color] 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 [color=rgb(0,0,255);]Committee for State Security[/color] may submit their application for admittance to the assembly. 

[*][color=rgb(0,0,255);]Membership will require a 75% majority vote in favor of admittance by the Assembly.[/color]

[*][color=rgb(0,0,255);]Committee for State Security[/color] members may be proposed by the Delegate to the Assembly.

[*]The Vice Delegate will serve as the Chair of the [color=rgb(0,0,255);]Committee for State Security.[/color]

[*]The Minister of the Army and Minster of Foreign Affairs will serve on the [color=rgb(0,0,255);]Committee for State Security[/color] but are not required to meet the requirement of holding a World Assembly nation in the[color=rgb(0,0,255);] Democratic Republic[/color].

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

[*]The Security Council 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 Security Council is responsible for monitoring the security of the region and carrying out the removal of the Delegate in the event of a recall.

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

[/list][color=rgb(255,140,0);](Do we want to include something about investigations in this?) - Possibly?[/color]

 

Article 6:  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] 
Article 7:  Forum and Forum Administration
<ul class="bbc bbcol decimal">

[*]The [color=rgb(0,0,255);]Democratic Republic[/color]'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] 
Article 8:  Amendments
<ul class="bbc bbcol decimal">

[*]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]

[Hileville]

Implemented some change above - in line with Carta's suggestions and clarifying some areas.  I will have the General Code of Laws up shortly which will also aid in clarification of a few areas.

[Milograd]

I like it. We'll have to get around to editing the part about the Superior Court eventually.

[Belschaft]

I've given this a brief skim read, and it seems to be broadly speaking pretty good. I'm going to go over it with more care when I have time.

[God-Emperor]

As will I, but one thing...Why democratic republic?

[Hileville]

As will I, but one thing...Why democratic republic?

 
Carta brought up a good point with Coalition and I don't care for people's republic so I thought Democratic Republic would work.

[Southern Bellz]

I do not want to change the name from Coalition partly because it has been such a long running name, and I like the fact that it represents that a region is a coalition of nations.  It's easy to forget that, and I think with our direct democratic approach, it represents what we are well.

[Milograd]

People's Coalition?  :list:

[Brutland and Norden]

I object to communistic pretitles! Down with communism!
 
I suggest "the Most Serene Republic". Or, the "Paradise", as in "the Paradise of South Pacific". The pretitle doesn't have to be related to the form of government, does it?

[Hileville]

I like the Paradise.