Post by scotlandow on Sept 14, 2020 14:20:29 GMT
The Constitution of Alesia
PREAMBLE
Inspired by the determination to found a peaceful, democratic region of equals, the Alesia nations, in the exercise of their constituent power, have adopted this Basic Law.
PR1. This Act may be referred to as the Constitution (2020).
EXECUTIVE AUTHORITY
THE PEOPLE
Continuance of Authority
EA1. (1) The authority to govern Alesia is hereby recognized as a fundamental right of the People and is vested in the Government, as defined herein.
EA1. (2) The People shall be deemed to comprise of all current citizens of Alesia. Service in or as a candidate for any public office within Alesia shall require citizenship.
THE HIGH CHIEFTAIN
Establishes the Office of the High Chieftain
EA2. (1) To ensure the functioning of government, there shall be a High Chieftain, elected directly by the people, to execute the functions of Government on the People's behalf until expiration of a term of not more than 45 days, or until a successor is duly elected, whichever occurs later, or until their earlier resignation or removal.
The Senior Cabinet Chieftain succeeds in the absence of the High Chieftain
EA2. (2) In the case of the absence or other inability of the incumbent to discharge the Office of the High Chieftain, the Senior Cabinet Chieftain shall act as High Chieftain until such time as this circumstance is lifted. The exact procedure and means of when the Senior Cabinet Chieftain may assume this acting role may be prescribed by law.
EA2. (3) In the case of the vacancy of the Office of the High Chieftain for reasons other than expiration of term, the Office of High Chieftain shall devolve upon the Senior Cabinet Chieftain, who shall serve as High Chieftain for the remainder of the term. Should both the positions of High Chieftain and Senior Cabinet Chieftain be vacant, the World Assembly Delegate shall carry the people’s mandate for the remainder of the term.
Vacancy of the Senior High Chieftain
EA2. (4) In the case of the vacancy of the Office of the Senior Cabinet Chieftain, the High Chieftain shall nominate a successor who shall take Office upon the approval of the Court of Tynwald with a simple majority.
Removal of the High Chieftain
EA2. (5) It shall be lawful for any member of the Court of Tynwald to present Articles of Impeachment or simple No Confidence in the High Chieftain, any single member of the Cabinet or the entire Cabinet requiring support from at least three members to proceed to consideration. If such a measure is passed with a 2/3 majority of the Court, the Speaker of the Court of Tynwald shall be sworn in as Acting High Chieftain and elections called immediately to be held within five days.
EA2. (5) Should a Hugh Chieftain be removed by a Motion if No Confidence, there shall be no limitations on them seeking the Office again in a future election. In the event of successful passage of Articles of Impeachment, the High Chieftain in question shall be ineligible to seek the office for a duration of at least 100 days.
THE GOVERNMENT
Appointment of Cabinet Chieftains
EA3. (1) It shall be lawful for the President, with due discretion, to appoint any person or persons to be their Cabinet Cheiftains, and in that capacity to exercise during their pleasure such powers, authorities and functions as they deem it necessary or expedient to delegate to them, subject to any limitations expressed by law; but the appointment of such Chieftains shall not affect the exercise by the principal holder of any power, function or authority.
Structure of the Cabinet
EA3. (2) In the execution of Government on the People's behalf, the President shall have specific authority and responsibility to appoint citizens as Chieftains to a Cabinet and to oversee that Cabinet such as to maintain the effective function of Government. The People may by law provide further requirements and structure for the Cabinet.
EA3. (3) Following the conclusion of the High Chieftain election, the High Chieftain shall declare portfolios of management, containing sets of ministries that each shall be responsible for overseeing during the term. The proposed Cabinet delegation shall be presented to the Court of Tynwald and confirmed with a simple majority. Notwithstanding the portfolios of management declared, the High Chieftain shall maintain ultimate authority over all ministries.
Commander-in-Chief
EA4. The Commander-in-Chief of the Alesian Navy, and any other military force which may be established by the Government of Alesia, is hereby declared to be vested in the Office of the High Chieftain.
LEGISLATIVE AUTHORITY
THE COURT OF TYNWALD
Establishes the Court of Tynwald
LA1. There shall be one Parliament of Alesia, known as the Court of Tynwald, whose membership shall consist of all Citizen nations of Alesia.
TERM OF THE COURT OF TYNWALD
LA3. (1) The Legislative Term shall commence no later than three days after the election of the Speaker of Tynwald and end no more than two days before the election of the Speaker of Tynwald. Specifics and procedures shall be established in a separate Act.
LA3. (2) Upon gaining citizenship, nations can join the Court of Tynwald during a legislative term or on commencement of a new term should they gain citizenship during dissolution.
SPEAKER OF THE COURT OF TYNWALD
Speaker to be elected from the Court of Tynwald
LA4. (1) The Members of the Court of Tynwald shall elect, from among their number, a Speaker of the Court whenever the position is vacant or at the end of a forty five day term.
LA4. (2) The Members of the Court of Tynwald shall elect, from among their number, a Deputy Speaker of the Court whose delegated responsibilities shall be determined by the Speaker and who shall preside in the absence of the Speaker.
Speaker to preside over the Court
LA5. (1) The Speaker of the Court shall preside over all standard meetings of the Court.
LA5. (2) The Deputy Speaker shall preside over a meeting debating and voting on removing a Speaker which requires a simple majority.
POWERS OF THE COURT OF TYNWALD
Power to make Law
LA6. The Court, by and with the assent of the People of their respective nations, may make laws only for the peace, order, and good government of Alesia, in relation to all matters respecting the government of the same.
Power to confirm appointments
LA7. The approval of the Court is required in confirming nominations to the Supreme Druid with a 2/3 majority and the High Chieftain’s Cabinet Structure proposal with a simple majority.
Power to declare war
LA8. (1) Only the Court may declare Alesia to be in a state of War, by a resolution of that body achieving a 2/3 majority vote.
LA8. (2) The Senate may declare Alesia to no longer be in a state of War, by a resolution of that body achieving a 2/3 majority vote.
Power to remove Executive Officers and Deputies
LA9. (1) The Court shall have power to remove from office the High Chieftain or any of their appointed Cabinet members by a resolution to such effect with a 2/3 majority.
Parliamentary Discipline
LA10. (1) The Speaker shall have the power to suspend a member for a maximum period of 36 hours should they use inappropriate language or lack respect for parliamentary colleagues.
LA10. (3) Should a Member lose their citizenship, they shall be automatically removed from the Court.
PROCEDURAL CONCERNS
Quorum
LA11. A quorum of at least one half of the elected members of the Court shall be required to be present to exercise the powers of the Court. For matters of removal of a Speaker or other elected Official for Inactivity a quorum of at least 2/3 of the active members of the Court shall be required. Standards for determining whether a Citizen is active or inactive shall be established by relevant legislation.
Majority voices
LA12. Questions arising in the Court will be decided by a majority of voices unless otherwise specified by law, and should the voices be equal, the question will be decided in favor of the status quo.
EXECUTIVE ORDERS AND THE PEOPLE'S ASSENT
Executive Orders
LA13. (1) The High Chieftain may enact such Executive Orders bearing the force of law as are necessary for the peace, order and good government of Alesia.
LA13. (2) Executive Orders shall be subject to veto, amendment, and repeal by the Court or nullification by the Druid.
Power of Veto and Legislative Referendum
LA14. (1) Where a bill passed by the Senate is presented to the President for Executive Assent, they shall declare, according to their discretion, either that they assent thereto, or that they withhold Executive Assent, or that they refer the legislation for judicial review by the Druid.
LA14. (2) Where a bill does not receive Executive Assent and is not subject to judicial review or has been ruled constitutionally lawful following judicial review, a veto can be overridden by the Court with a 2/3 majority.
Automatic passage
LA15. Any bill passed by the Court to which the High Chieftain has not explicitly assented, withheld their assent, or referee for judicial review within seven days shall be enacted in the same manner as if the High Chieftain had explicitly assented to it.
JUDICIAL AUTHORITY
THE COURT OF ELDERS AND ANCESTORS OF ALESIA
Establishes the Court of Elders and Ancestors
JA1. (1) There shall be a Court of Elders and Ancestors serving as the supreme judicial court of all matters.
JA1. (2) No member of the Cabinet is permitted to sit in any capacity on the High Court of Alesia.
Jurisdiction of the Court of Elders and Ancestors
JA2. (1) The Court of Elders and Ancestors shall have jurisdiction over all matters relating to Alesian law.
Justices
JA3. (1) There shall be one Supreme Druid appointed by the High Chieftain to serve on the Court of Elders and Ancestors, who shall hold office in good behaviour for a term not exceeding ninety days.
JA3. (1) The Supreme Druid has the authority to appoint two junior Druids to serve for the duration of the Supreme Druid’s term. They shall require the consent by simple majority of the Court of Tynwald and the consent of the High Chieftain or simply a 2/3 majority of the Court of Tynwald.
Appointment of a Druid
JA3. (2) When the Druid’s term expires, the High Cheiftain shall nominate a citizen to serve in the relevant position, who must be approved by the Court in order to serve as a Druid.
Removal of a Druid
JA3. (3) A Druid is removed with immediate effect upon resignation, or after ninety days have lapsed since the day they assumed office, or by a motion for this purpose approved by the Court.
Supreme Druid
JA4. (1) The Supreme Druid shall be responsible for handling administrative matters related to the operation of the High Court.
JA4. (3) The Supreme Druid may, subject to this and other Acts, decide procedures for the exercise of the powers and responsibilities of the Court of Elders and Ancestors.
Powers of the Court of Elders and Ancestors
JA6. (1) The Court of Elders and Ancestors shall have the power to determine their own procedures, within the structure defined herein and by other legislation.
JA6. (2) The Court of Elders and Ancestors shall have the power to create lower courts at their own discretion.
Stare Decisis
JA7. (1) The rulings of the Court of Elders and Ancestors shall be considered binding.
SUPREMACY AND AMENDING FORMULA
CONSTITUTIONAL SUPREMACY
Constitutional Documents
SA1. The Constitutional Documents of Alesia shall be composed of this Act and any other Act so declared by a 2/3 majority of the Court and given the assent of the High Chieftain on the People's behalf.
Constitutional Supremacy
SA2. The Constitutional Documents are the supreme law of Alesia, and any law inconsistent with the provisions of the Constitutional documents is, to the extent of the inconsistency, of no force and effect.
Protection of Forum Administration
SA3. Notwithstanding s. SA2 of this Act, the Administration of Alesia is explicitly empowered to act as necessary and appropriate as Administrators of an internet forum, regardless of the implications in in-game terms.
AMENDING FORMULA
Amending formula
SA4. Amendments to the Constitutional Documents of Alesia may only be passed with a 2/3 majority of the Court of Tynwald and the assent of the High Cheiftain on behalf of the people.
PREAMBLE
Inspired by the determination to found a peaceful, democratic region of equals, the Alesia nations, in the exercise of their constituent power, have adopted this Basic Law.
PR1. This Act may be referred to as the Constitution (2020).
EXECUTIVE AUTHORITY
THE PEOPLE
Continuance of Authority
EA1. (1) The authority to govern Alesia is hereby recognized as a fundamental right of the People and is vested in the Government, as defined herein.
EA1. (2) The People shall be deemed to comprise of all current citizens of Alesia. Service in or as a candidate for any public office within Alesia shall require citizenship.
THE HIGH CHIEFTAIN
Establishes the Office of the High Chieftain
EA2. (1) To ensure the functioning of government, there shall be a High Chieftain, elected directly by the people, to execute the functions of Government on the People's behalf until expiration of a term of not more than 45 days, or until a successor is duly elected, whichever occurs later, or until their earlier resignation or removal.
The Senior Cabinet Chieftain succeeds in the absence of the High Chieftain
EA2. (2) In the case of the absence or other inability of the incumbent to discharge the Office of the High Chieftain, the Senior Cabinet Chieftain shall act as High Chieftain until such time as this circumstance is lifted. The exact procedure and means of when the Senior Cabinet Chieftain may assume this acting role may be prescribed by law.
EA2. (3) In the case of the vacancy of the Office of the High Chieftain for reasons other than expiration of term, the Office of High Chieftain shall devolve upon the Senior Cabinet Chieftain, who shall serve as High Chieftain for the remainder of the term. Should both the positions of High Chieftain and Senior Cabinet Chieftain be vacant, the World Assembly Delegate shall carry the people’s mandate for the remainder of the term.
Vacancy of the Senior High Chieftain
EA2. (4) In the case of the vacancy of the Office of the Senior Cabinet Chieftain, the High Chieftain shall nominate a successor who shall take Office upon the approval of the Court of Tynwald with a simple majority.
Removal of the High Chieftain
EA2. (5) It shall be lawful for any member of the Court of Tynwald to present Articles of Impeachment or simple No Confidence in the High Chieftain, any single member of the Cabinet or the entire Cabinet requiring support from at least three members to proceed to consideration. If such a measure is passed with a 2/3 majority of the Court, the Speaker of the Court of Tynwald shall be sworn in as Acting High Chieftain and elections called immediately to be held within five days.
EA2. (5) Should a Hugh Chieftain be removed by a Motion if No Confidence, there shall be no limitations on them seeking the Office again in a future election. In the event of successful passage of Articles of Impeachment, the High Chieftain in question shall be ineligible to seek the office for a duration of at least 100 days.
THE GOVERNMENT
Appointment of Cabinet Chieftains
EA3. (1) It shall be lawful for the President, with due discretion, to appoint any person or persons to be their Cabinet Cheiftains, and in that capacity to exercise during their pleasure such powers, authorities and functions as they deem it necessary or expedient to delegate to them, subject to any limitations expressed by law; but the appointment of such Chieftains shall not affect the exercise by the principal holder of any power, function or authority.
Structure of the Cabinet
EA3. (2) In the execution of Government on the People's behalf, the President shall have specific authority and responsibility to appoint citizens as Chieftains to a Cabinet and to oversee that Cabinet such as to maintain the effective function of Government. The People may by law provide further requirements and structure for the Cabinet.
EA3. (3) Following the conclusion of the High Chieftain election, the High Chieftain shall declare portfolios of management, containing sets of ministries that each shall be responsible for overseeing during the term. The proposed Cabinet delegation shall be presented to the Court of Tynwald and confirmed with a simple majority. Notwithstanding the portfolios of management declared, the High Chieftain shall maintain ultimate authority over all ministries.
Commander-in-Chief
EA4. The Commander-in-Chief of the Alesian Navy, and any other military force which may be established by the Government of Alesia, is hereby declared to be vested in the Office of the High Chieftain.
LEGISLATIVE AUTHORITY
THE COURT OF TYNWALD
Establishes the Court of Tynwald
LA1. There shall be one Parliament of Alesia, known as the Court of Tynwald, whose membership shall consist of all Citizen nations of Alesia.
TERM OF THE COURT OF TYNWALD
LA3. (1) The Legislative Term shall commence no later than three days after the election of the Speaker of Tynwald and end no more than two days before the election of the Speaker of Tynwald. Specifics and procedures shall be established in a separate Act.
LA3. (2) Upon gaining citizenship, nations can join the Court of Tynwald during a legislative term or on commencement of a new term should they gain citizenship during dissolution.
SPEAKER OF THE COURT OF TYNWALD
Speaker to be elected from the Court of Tynwald
LA4. (1) The Members of the Court of Tynwald shall elect, from among their number, a Speaker of the Court whenever the position is vacant or at the end of a forty five day term.
LA4. (2) The Members of the Court of Tynwald shall elect, from among their number, a Deputy Speaker of the Court whose delegated responsibilities shall be determined by the Speaker and who shall preside in the absence of the Speaker.
Speaker to preside over the Court
LA5. (1) The Speaker of the Court shall preside over all standard meetings of the Court.
LA5. (2) The Deputy Speaker shall preside over a meeting debating and voting on removing a Speaker which requires a simple majority.
POWERS OF THE COURT OF TYNWALD
Power to make Law
LA6. The Court, by and with the assent of the People of their respective nations, may make laws only for the peace, order, and good government of Alesia, in relation to all matters respecting the government of the same.
Power to confirm appointments
LA7. The approval of the Court is required in confirming nominations to the Supreme Druid with a 2/3 majority and the High Chieftain’s Cabinet Structure proposal with a simple majority.
Power to declare war
LA8. (1) Only the Court may declare Alesia to be in a state of War, by a resolution of that body achieving a 2/3 majority vote.
LA8. (2) The Senate may declare Alesia to no longer be in a state of War, by a resolution of that body achieving a 2/3 majority vote.
Power to remove Executive Officers and Deputies
LA9. (1) The Court shall have power to remove from office the High Chieftain or any of their appointed Cabinet members by a resolution to such effect with a 2/3 majority.
Parliamentary Discipline
LA10. (1) The Speaker shall have the power to suspend a member for a maximum period of 36 hours should they use inappropriate language or lack respect for parliamentary colleagues.
LA10. (3) Should a Member lose their citizenship, they shall be automatically removed from the Court.
PROCEDURAL CONCERNS
Quorum
LA11. A quorum of at least one half of the elected members of the Court shall be required to be present to exercise the powers of the Court. For matters of removal of a Speaker or other elected Official for Inactivity a quorum of at least 2/3 of the active members of the Court shall be required. Standards for determining whether a Citizen is active or inactive shall be established by relevant legislation.
Majority voices
LA12. Questions arising in the Court will be decided by a majority of voices unless otherwise specified by law, and should the voices be equal, the question will be decided in favor of the status quo.
EXECUTIVE ORDERS AND THE PEOPLE'S ASSENT
Executive Orders
LA13. (1) The High Chieftain may enact such Executive Orders bearing the force of law as are necessary for the peace, order and good government of Alesia.
LA13. (2) Executive Orders shall be subject to veto, amendment, and repeal by the Court or nullification by the Druid.
Power of Veto and Legislative Referendum
LA14. (1) Where a bill passed by the Senate is presented to the President for Executive Assent, they shall declare, according to their discretion, either that they assent thereto, or that they withhold Executive Assent, or that they refer the legislation for judicial review by the Druid.
LA14. (2) Where a bill does not receive Executive Assent and is not subject to judicial review or has been ruled constitutionally lawful following judicial review, a veto can be overridden by the Court with a 2/3 majority.
Automatic passage
LA15. Any bill passed by the Court to which the High Chieftain has not explicitly assented, withheld their assent, or referee for judicial review within seven days shall be enacted in the same manner as if the High Chieftain had explicitly assented to it.
JUDICIAL AUTHORITY
THE COURT OF ELDERS AND ANCESTORS OF ALESIA
Establishes the Court of Elders and Ancestors
JA1. (1) There shall be a Court of Elders and Ancestors serving as the supreme judicial court of all matters.
JA1. (2) No member of the Cabinet is permitted to sit in any capacity on the High Court of Alesia.
Jurisdiction of the Court of Elders and Ancestors
JA2. (1) The Court of Elders and Ancestors shall have jurisdiction over all matters relating to Alesian law.
Justices
JA3. (1) There shall be one Supreme Druid appointed by the High Chieftain to serve on the Court of Elders and Ancestors, who shall hold office in good behaviour for a term not exceeding ninety days.
JA3. (1) The Supreme Druid has the authority to appoint two junior Druids to serve for the duration of the Supreme Druid’s term. They shall require the consent by simple majority of the Court of Tynwald and the consent of the High Chieftain or simply a 2/3 majority of the Court of Tynwald.
Appointment of a Druid
JA3. (2) When the Druid’s term expires, the High Cheiftain shall nominate a citizen to serve in the relevant position, who must be approved by the Court in order to serve as a Druid.
Removal of a Druid
JA3. (3) A Druid is removed with immediate effect upon resignation, or after ninety days have lapsed since the day they assumed office, or by a motion for this purpose approved by the Court.
Supreme Druid
JA4. (1) The Supreme Druid shall be responsible for handling administrative matters related to the operation of the High Court.
JA4. (3) The Supreme Druid may, subject to this and other Acts, decide procedures for the exercise of the powers and responsibilities of the Court of Elders and Ancestors.
Powers of the Court of Elders and Ancestors
JA6. (1) The Court of Elders and Ancestors shall have the power to determine their own procedures, within the structure defined herein and by other legislation.
JA6. (2) The Court of Elders and Ancestors shall have the power to create lower courts at their own discretion.
Stare Decisis
JA7. (1) The rulings of the Court of Elders and Ancestors shall be considered binding.
SUPREMACY AND AMENDING FORMULA
CONSTITUTIONAL SUPREMACY
Constitutional Documents
SA1. The Constitutional Documents of Alesia shall be composed of this Act and any other Act so declared by a 2/3 majority of the Court and given the assent of the High Chieftain on the People's behalf.
Constitutional Supremacy
SA2. The Constitutional Documents are the supreme law of Alesia, and any law inconsistent with the provisions of the Constitutional documents is, to the extent of the inconsistency, of no force and effect.
Protection of Forum Administration
SA3. Notwithstanding s. SA2 of this Act, the Administration of Alesia is explicitly empowered to act as necessary and appropriate as Administrators of an internet forum, regardless of the implications in in-game terms.
AMENDING FORMULA
Amending formula
SA4. Amendments to the Constitutional Documents of Alesia may only be passed with a 2/3 majority of the Court of Tynwald and the assent of the High Cheiftain on behalf of the people.