Updated List of Charter Changes

[Hileville]

This thread is where I will update the Charter to what has been discussed in the Great Council.



<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:

[*:2cxa31mj]Fulfill the obligations assumed by them in accordance with the present charter.





[*:2cxa31mj]Refrain from threat, harassment, or abuse against any nation in The South

Pacific.





[*:2cxa31mj]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:

[*:2cxa31mj]Violating, or is found to have planned to purposely violate, the regulations in Article 2.





[*:2cxa31mj]Violating any of the rules in the Code of Laws .





[*:2cxa31mj]Violating any of the rules of NationStates rules for the in-game environment.





[*:2cxa31mj]Violating the ZetaBoards 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 Code of Laws.



<strong class='bbc'>Article 5 - Treason</strong>

[*:2cxa31mj]Treason against The South Pacific shall be defined as any violation of Article 2.3.





[*:2cxa31mj]Such an offence committed by any citizen nation of The South Pacific shall result, upon conviction in a trial in accordance with Article 7 of the Charter, in the immediate banishment of that citizen nation from The South Pacific off-site forums and region.





[*:2cxa31mj]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>

[*:2cxa31mj]All nations of The South Pacific may serve as legislators in the Assembly of the South Pacific, through registration on the offsite forum of The South Pacific and publically agreeing to the Charter outlined in Article 1.





[*:2cxa31mj]The Chair of the Assembly is responsible for the administration of all aspects of drafting, debating, and passing of laws.





[*:2cxa31mj]Any nation may propose a bill.





[*:2cxa31mj]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.





[*:2cxa31mj]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.





[*:2cxa31mj]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:



[*:2cxa31mj]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.





[*:2cxa31mj]The poll will offer nations the choice to vote yes or no.





[*:2cxa31mj]All legislators of The South Pacific may vote.





[*:2cxa31mj]Voting will continue for 7 (seven) days.

[*:2cxa31mj]A bill becomes law if it receives a 60% majority vote.





[*:2cxa31mj]Once a bill has become law, it will be published in the Code of Laws by the Chair of Assembly.





[*:2cxa31mj]Concerns over the legality of any aspect of the law-making process described in Article 6 must be addressed to the Minister of Justice.[/list]<strong class='bbc'><span class='bbc_underline'>Article 7 - Judiciary</strong>



[*:2cxa31mj]The Superior Court of the South Pacific has the power to interpret the Charter and Laws and may annul any Law or part thereof that contradicts the Constitution and any action of the executive taken in the exercise of its powers that contradicts the Charter or Laws. The Superior Court has the power to adjudicate on the legality of elections and the power to determine conviction and sentencing in criminal cases, and resolution and compensation in civil cases. The Superior Court may exercise these powers upon being petitioned by an individual eligible to do so..





[*:2cxa31mj]The Magistrate has the responsibilities of the moderation and administration of the Superior Court.  The Magistrate may appoint Associate Magistrates for the purpose of aiding in and presiding over cases of the Superior Court.  These Associate Magistrates must be approved by a majority vote of the Assembly.





[*:2cxa31mj]The Cabinet of The South Pacific has the responsibility of appointing the Superior Court Magistrate after each regular election of its members.  After a majority of members approve of the nominee they are to be submitted to the Assembly for approval.  Nominees will be approved by a vote in accordance with the normal Assembly procedures.





[*:2cxa31mj]The Procedures of the Superior Court shall be written in law by the Assembly of the South Pacific.</span>



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

[*:2cxa31mj]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.





[*:2cxa31mj]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.





[*:2cxa31mj]Even without the approval of the specific ministry tasked with overseeing this policy, official executive policy can be established by the assembly.





[*:2cxa31mj]Ministries must uphold executive policy passed by the assembly.





[*:2cxa31mj]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.



[*:2cxa31mj]Any executive policy must comply with the charter and the code of laws of The South Pacific.





[*:2cxa31mj]No executive policy may result in the banning or expulsion from any nation residing in The South Pacific.





[*:2cxa31mj]Any executive policy may be overturned by a motion of the assembly.[/list]<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>

[*:2cxa31mj]Any government member can be impeached for gross violation of the Charter or for gross misconduct.





[*:2cxa31mj]When a call for impeachment has been received it will be processed under Article 7 of the Charter.





[*:2cxa31mj]If a guilty verdict is reached, the Cabinet, excluding the subject of the impeachment proceedings, must decide on a sentence.



[*:2cxa31mj]The sentence must at minimum result in the subject of the impeachment proceedings being relieved of their responsibilities.





[*:2cxa31mj]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 Article 12.3a shall be applied automatically.

[*:2cxa31mj]No appeals are possible to an impeachment verdict.[/list]<strong class='bbc'>Article 13 - Responsibilities and Authority of the Delegate</strong>

[*:2cxa31mj]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.





[*:2cxa31mj]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.





[*:2cxa31mj]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.





[*:2cxa31mj]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>

[*:2cxa31mj]The Chair of the Assembly shall uphold the procedures of the assembly as laid out in Article 6 of the Charter.





[*:2cxa31mj]The Chair of the Assembly may initiate and participate in assembly discussions, but shall keep to the highest debate standards.





[*:2cxa31mj]The Chair of the Assembly shall be responsible for upholding the rights within the assembly of all its members.





[*:2cxa31mj]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 Security</strong>

[*:2cxa31mj]The Ministry of Security shall be responsible for ensuring that no one obtains the delegate position except by legal means.





[*:2cxa31mj]The Ministry of Security shall assist the delegate in seeing that all nations are in compliance with the endorsement cap.





[*:2cxa31mj]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:



[*:2cxa31mj]The assembly of a militia for the defense of The South Pacific or a region The South Pacific is allied with.





[*:2cxa31mj]The creation of an Intelligence effort to find critical information for the defense of the region.[/list]<strong class='bbc'><span class='bbc_underline'>Article 16 - Responsibilities and authority of the Ministry of Justice</strong>

[*:2cxa31mj]The Ministry of Justice shall be responsible ensuring that Member States follow the rule of law as laid out in the Charter and Laws of TSP.





[*:2cxa31mj]The Ministry of Justice shall be the place where allegations of violations of the laws and Charter of the TSP are lodged except under circumstances as laid out in the laws and Charter of TSP.





[*:2cxa31mj]In the event that the Minister of Justice is accused of violations of the Laws and Charter of TSP the Minister of Justice shall inform the Delegate of TSP who shall assume the role and functions of the Minister of Justice in respect of bringing forwards a trial and acting as prosecution for the duration of the trial.





[*:2cxa31mj]It is the duty of the Ministry of Justice to inform the Superior Court and the accused Nation of allegations made and to indicate whether the Ministry of Justice will seek a trail as a result of the allegation(s).





[*:2cxa31mj]In any trial brought against another Member State by the Ministry of Justice, the Minister of Justice shall act as the Chief Prosecutor except in circumstances as laid out by the Charter and Laws of TSP.





[*:2cxa31mj]The Minister of Justice may act as Defence Counsel in trials where a Member of the Cabinet is being tried by another Member State.





[*:2cxa31mj]If a nation feels it was wrongfully ejected from the region, they may file a claim with the Ministry of Justice. Providing the Superior Court finds in favour of the plaintiff, the Delegate will then un-ban the nation in order to allow them to return to the region.</span>



<strong class='bbc'>Article 17 - Responsibilities and authority of the Ministry of Foreign Affairs</strong>

[*:2cxa31mj]The Ministry of Foreign Affairs shall be responsible for any formal relations between the region and any foreign regions.





[*:2cxa31mj]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.





[*:2cxa31mj]This Ministry cannot form alliances without the consent of the Assembly of The South Pacific by vote. However, the Assembly may form alliances without the consent of the Ministry of Foreign Affairs, see Article 8.3-4.

<strong class='bbc'>Article 18 - Responsibilities and authority of the Ministry of Regional Affairs</strong>

[*:2cxa31mj]The Ministry of Regional Affairs shall be responsible for directing and running regional roleplay and maintenance of the regional map





[*:2cxa31mj]The Ministry of Regional Affairs shall be responsible for maintaining RMB and IRC activity, and promoting the offsite regional forums to nations within the region

<strong class='bbc'>Article 19 - Amending the Charter</strong>

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



[*:2cxa31mj]Submissions of amendments must be made to the Assembly of The South Pacifc.





[*:2cxa31mj]Discussions on amendments shall last no more than a period of seven days unless a member state asks for an extension.





[*:2cxa31mj]Immediately following the discussion period the amendment will be submited to the Assembly for voting.





[*:2cxa31mj]Voting shall last for a period of seven days. Amendments are approved by a 50% plus 1 (one) affirmative vote of all participating states.

<strong class='bbc'>Article 20 - Supremacy of the Charter</strong>

[*:2cxa31mj]This Charter shall carry supremacy over any other law of the South Pacific.





[*:2cxa31mj]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.





[*:2cxa31mj]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.





[*:2cxa31mj]After a one-week period of discussion, voting will commence. Voting will last one week, and must pass by a 60% majority.

[Antariel]

Does the judicial bit need a comment on the MoJ stepping aside if CoI?

[Milograd]

I've edited the title of this thread so that the word "changes" is spelled properly.

[Antariel]

I noted the spelling mistake Hil will probably blame his phone?

[Gandallfia]

I'm sure the discussion section mentions it somewhere...

[Hileville]

Okay this was just meant to keep things up to date. All discussion should go into the appropriate threads.