Management Committee Topic for the 12th Session of Parliament (September 2017-October 2017)

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Re: Management Committee Topic for the 12th Session of Parliament (September 2017-October 2017)

Post by Aralunya on Sat Oct 21, 2017 11:35 am

With no further debate, I open voting on SO#2017-17 "Joint Appointment of the Minister of Jurisprudence Act. Voting will be open for 24 hours.
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Re: Management Committee Topic for the 12th Session of Parliament (September 2017-October 2017)

Post by Aralunya on Sat Oct 21, 2017 11:35 am

The Chair votes Nay.
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Re: Management Committee Topic for the 12th Session of Parliament (September 2017-October 2017)

Post by S:t Artica and the N.K. on Sat Oct 21, 2017 4:36 pm

Saint Artica and the N.K votes Nay.
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Re: Management Committee Topic for the 12th Session of Parliament (September 2017-October 2017)

Post by Aralunya on Mon Oct 23, 2017 12:54 pm

I close debate and record the vote on SO#2017-17 as two in opposition and one absent.

Debate will now begin for SO #2016-12 and amendments.

SO #2016-12:
ACKNOWLEDGING that the Founder of Our Region, is no more than an ordinary member with administrative privileges and duties;

NOTING that the Constitution leaves some area for the Founder to interfere with the Regions politics directly;

BELIEVING that the Founder should always be an strictly regulated office, especially because of its privileges and important duties;

BE IT ENACTED by Nassau-Windsor, Founder of Our Region, by and with the consent and advise of Parliament and the Cabinet, in this present assembled, and by the authority of the same, as follows:-

Article 1
In an effort to regulate the position of the Founder of Our Region properly, We do hereby enact the provisions of this document as a Constitutional Amendment.

Article 2
We move to create and to add a new Article to the Constitution, to be named "Article V: The Administrative Branch".

Article 3
We move to add to the following to the Constitution as "Article V, Section 1":
"There shall be an Administrative Branch of government, in which are seated the Founder, the Regional Administrative Officers and other Administrative Members."

Article 4
We move to amend Article III, Section A of the Constitution to contain the new text:
"The Executive Brach of the Parliamentary Union of Sovereign States shall consist of the President, Prime Minister and Cabinet."

Article 5
We move to add the following to the Constitution as "Article V, Section 2":
"Subsection 1 The Founder must be elected by the Members, when his predecessor ceases to exist.
Subsection 2 The Founder must have an active account in the Region.
Subsection 3 There shall be no limitations to the duration of the Founder’s term, other than ceasing to exist."

Article 6
We move to add the following to the Constitution as "Article V, Section 3":
"Subsection 1 The Founder shall be the ultimate authority regarding administrative and civilian matters concerning the Region. The Founder's authority would not effect specific matters regulated by Act of Parliament (or an Amendment passed by Parliament), approved by the Founder as such, as those are to be considered in-character.
Subsection 2 As affirmed to Article 1, Section D of Our Constitution, the Founder may not take part in government affairs, unless he holds another office that entitles him to do so or as that would be unreasonable in the way that the Founder would then have fewer options to take part in these matters than any other member who does not hold any office.
Subsection 3 The Founder may appoint and dismiss Regional Administrative Officers.
Subsection 4 The Founder may appoint and dismiss Administrative Members.
Subsection 5 The Founder is entitled to use all administrative powers, privileges and functions, able to be used from NationStates in the Region, as well as all those on the Forum,subject to the regulation of the Parliament.
Subsection 6 In relation to the Subsections 3 and 4 of this Section, Parliament shall determine by a simple majority vote the specific number of Regional Administrative Officers and Administrative Members which can be appointed by the Founder."

Article 7
We move to add the following to the Constitution as "Article V, Section 4":
"It is the Founder’s duty to ensure that the World Factbook Entry, Regional Message Board and the Forum runs properly.  Accordingly, he is entitled to update and regulate them,subject to the supercession of Parliament. He must do everything in his capabilities to do so correctly and promptly."

Article 8
We move to add the following to the Constitution as " Article V, Section 5":
"Subsection 1 The Founder may eject and ban nations that come into Our Region, whether on NationStates or the Forum, when they are repeatedly spamming, trolling or violating the rules of NationStates or the Forum, but not unless he has given the specific nation a public warning. No nation may be ejected or banned because of in-character matters.
Subsection 2 If Regional Administrative Officers or Administrative Members would use these powers against a member, they have the privilege to demand an appeal to the Founder. The Founder will then decide on the case and his decision will be final within the Administrative Branch.
Subsection 3: Nations may appeal any ejection or ban made under this Section to the relevant judicial authorities.  This shall be done by filing a Writ of Habeas Corpus with the Speaker of Parliament.  The Speaker of Parliament will then issue public notice that the Ministry of Jurisprudence shall have fourteen (14) days to file charges or the ban will be automatically lifted."

Article 9
We move to add the following to the Constitution as " Article V, Section 6":
"The Founder must accept and abide by all in-character decisions of Parliament and the Executive Branchas long as they do not effect out-of-characters matters or are to be considered reasonable."

Article 10
We move to add the following to the Constitution as " Article V, Section 7":
"Subsection 1 The Founder will regulate votes via regional polls. The subject of these votes may not be either a Bill or an Amendment that has been laid before Parliament except Constitutional Amendments.
Subsection 2 The Founder will make sure that votes, as well as their outcomes, are publicised and abided by.
Subsection 3 The Founder may never vote in any of the polls concerning his own position as Founder."

Article 11
We move to add the following to the Constitution as " Article V, Section 8":
"Subsection 1 The Founder is tasked with the security of the Region. He may therefore lock the Region by setting a password for a temporary amount of time. The Founder may not devolve the power to lock the Region to any of his Regional Administrative Officers or Administrative Members.
Subsection 2 Contrary to subsection 1 of this Section, the power to lock the Region by setting a password will be devolved to the [most senior] Regional Administrative Officer, that is active himself, by virtue if the Founder is inactive for at least 10 days."

Article 12
We move to add the following to the Constitution as " Article V, Section 9":
"The Administrative branch of government will execute punishments rightfully issued by the Administrative Branch or the Judicial Branch of government for both in-character and out-of-character violations to the Rules, Regulations and Law of the Region and the hosts, respectively NationStates and Forumotion."

Article 13
We move to add the following to the Constitution as " Article V, Section 10":
"In order to keep discussions and debates civilised, the Administrative Branch may suppress messages on the Regional Message  Board and the Forum. The suppression must be accompanied by a warning."

Article 14
We move to add the following to the Constitution as " Article V, Section 11":
"Subsection 1 The Founder may not use his role as such to abuse powers or privileges by making decisions. If any member argues that the Founder does, he is permitted to ask for a Commission to review his case. The Commission consists of the President, unless that is the Founder, in which case it shall be the Prime Minister, as speaker, and two Senators, not being the Founder. Further regulations regarding such a review are to be created and published by the Founder Parliament.
Subsection 2 The Commission may only determine whether or not a Founder’s decision is being an abuse of power or privilege as stated in Article V, Section 11. If they find that the decision is not based upon abuse of power, the decision will stand. If they do find it based upon abuse of power, the Judicial System will decide whether or not the decision will stand or will be changed."

Article 15
We move to add the following to the Constitution as " Article V, Section 12":
"The powers, privileges and duties as mentioned of the Founder may be devolved to Regional Administrative Officers unless otherwise stated. The Founder is free to choose how he devolves his powers, privileges and duties. Article V, Section 11 and Article V, Section 11 shall be of similar effect to Regional Administrative Officers. The Founder is entitled to overrule the decisions taken by a Regional Administrative Officer at all times."

Article 16
We move to add the following to the Constitution as " Article V, Section 13":
"The powers, privileges and duties as mentioned of the Founder may be devolved to Administrative Members unless otherwise stated. The Founder is free to choose how he devolves his powers, privileges and duties. Article V, Section 11 and Article V, Section 11 shall be of similar effect to Administrative Members. The Founder and Regional Administrative Officers are entitled to overrule decisions taken by an Administrative Member at all times, unless such would contradict to an earlier decision of the Founder which has not been repealed by the Founder."

Article 17
We move to add the following to the Constitution as " Article V, Section 14":
"The Founder and the Administrative Branch may use all future and unmentioned privileges and powers to perform their duties for the better of the out-of-character side of the Region, as long as this does not lead to abuse of these privileges or powers."

Article 18
We move to add the following to the Constitution as " Article V, Section 15":
"When the Founder ceases-to-exist, his duties, privileges and rights are to be trusted to the Prime Minister, until another Founder has been elected by regional vote regulated by that Prime Minister or his successor."

Article 19
We move to add the following to the Constitution as " Article V, Section 16":
"If at any time the Founder loses his nation in Our Region, other than because of technical issues caused by NationStates, he shall be considered to be ceased-to-exist by default."

Article 20
We move to add the following to the Constitution as " Article V, Section 17":
"Because of his administrative role, the Judicial System may not punish the Founder in such a way that he is required to remove his nation from the Region They may however determine that the Founder shall lose all in-character privileges and offices for an further to be determined amount of time,
nor may they issue any punishment that would prevent the Founder from exercising his out-of-character powers under this Article
."

Article 21
We move to add the following to the Constitution as " Article V, Section 18":
"If at any time a ceased-to-existed Founder returns to the Region, he shall not have a claim on the office of Founder by default."

Article 22
We move to add the following to the Constitution as "Article V, Section 19":
"The Founder, from now until he ceases-to-exist, shall be the ultimate authority of the Region."

Article 23
We move to add the following to the Constitution as "Article V, Section 20":
"The Founder will regulate and control all elections via Regional polls."

Article 24
We move to revoke Article III, Section B, along with its Subsections, from the Constitution.

Debate is open for 24 hours.
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Re: Management Committee Topic for the 12th Session of Parliament (September 2017-October 2017)

Post by S:t Artica and the N.K. on Mon Oct 23, 2017 8:45 pm

I do believe that clearly stating the powers and obligations of the founder is important, just as for any other part of the constitution. This may also improve government by decreasing the chance of misunderstandings. However, I do not know if parts of the proposed amendment are as clear and easy to follow as they should be for the constitution. If anything is unclear it might create misunderstandings. This might, however, be because of the fact I am a non-native user of English or that I am tired when reading through this amendment. I would appreciate a comment from my fellow members in regards to the clarity of the amendment's language.
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Re: Management Committee Topic for the 12th Session of Parliament (September 2017-October 2017)

Post by Aralunya on Tue Oct 24, 2017 11:25 am

This is a very robust Proposal and adds a massive portion to our Constitution, all about the Founder and a newly created Administrative Branch. For the most part, this Proposal is relatively easy to follow, probably because English is my first language. Nevertheless, I feel the Proposal as a whole is unnecessary as Parliament can simply pass laws to create a network of Administrative officers to oversee technical components of the region and forums.
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Re: Management Committee Topic for the 12th Session of Parliament (September 2017-October 2017)

Post by Aralunya on Tue Oct 24, 2017 7:04 pm

I will close debate and open the vote on SO#2016-12.

The vote will be open for 24 hours.
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Re: Management Committee Topic for the 12th Session of Parliament (September 2017-October 2017)

Post by Aralunya on Tue Oct 24, 2017 7:05 pm

The Chair votes Nay
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Re: Management Committee Topic for the 12th Session of Parliament (September 2017-October 2017)

Post by S:t Artica and the N.K. on Wed Oct 25, 2017 8:42 pm

Saint Artica and the N.K votes Nay.
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Re: Management Committee Topic for the 12th Session of Parliament (September 2017-October 2017)

Post by Aralunya on Thu Oct 26, 2017 2:29 pm

Voting closed. 2 nays recorded.

Debate will now begin on the Vice Presidential Amendment and an accompanying amendment.

VPA:
Article I: Introduction
In order to prevent regional inactivity and difficulties when the President is inactive, we do create the position of Vice President within the Executive.

Article II: Amendments
1) Article III, Section A of the Constitution shall be amended to read as follows: "The Executive Branch of the Parliamentary Union of Sovereign States shall consist of the Founder, President, Vice President, Prime Minister, and Cabinet".

2) The sections within Article III after Section C shall be incremented one letter.

3) The following shall be inserted as Article III, Section D of the Constitution:
"Section D: The Vice President shall serve as provisional Head of State of the UnionThe Vice President shall serve as deputy to the President
Subsection 1: The Vice President shall be appointed by the President after the latter's election. After the 3 months Pres. Term's end, the Vice President remains in his/her position, until the new President decides to replace him or further his/her mandate.
Subsection 2: The Vice President shall take the powers and duties of the President in case the latter is inactive for more than seven days without notice.
Subsection 3: The Vice President shall take the powers and duties of the President if the President announces a determined or undetermined period of inactivity.
Subsection 4:  If the Vice President takes the powers and duties of the President in the terms dictated by the Constitution, he will not be longer reffered to as the Vice President, but as the President ad Interim.
Subsection 5: If the Vice President takes the powers and duties of the President in the terms dictated by the Constitution, the same will have to appoint another Vice President, the Vice President ad Interim.
Subsection 6:  If the Vice President takes the powers and duties of the President in the terms dictated by the Constitution, and the President does not become active before presidential elections, the elections will be held normally, with the Vice President being able to candidate himself for President.
Subsection 7: The Vice President can and shall participate and help the President in his/her duties and activities."

Article III: Conclusion
We, the Parliament of the Union, with the advice of the First Extraordinary Constitutional Convention, do hereby enact this document and its provisions as an Amendment to the Constitution of the Union, and order the Founder to update the Constitution exactly as mandated by the provisions of this document, and in a timely manner.
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Re: Management Committee Topic for the 12th Session of Parliament (September 2017-October 2017)

Post by S:t Artica and the N.K. on Fri Oct 27, 2017 7:18 am

I believe that this amendment addresses something very important. The president performs important functions for the Union and an active president is key for an efficient government and parliament. In those instances where a president becomes inactive, it stops all of these functions. The position of Vice-President would eliminate those situations.
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Re: Management Committee Topic for the 12th Session of Parliament (September 2017-October 2017)

Post by Aralunya on Fri Oct 27, 2017 7:51 am

I too, highly encourage the adoption of this Amendment by the ECC after the Committee Reports are submitted. It seems imperative that we address this vital loophole in our Constitution (sorry, guys) with this, an appropriate amendment.
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Re: Management Committee Topic for the 12th Session of Parliament (September 2017-October 2017)

Post by Aralunya on Sat Oct 28, 2017 6:40 pm

I will open voting on this Amendment for 24 hours.

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Re: Management Committee Topic for the 12th Session of Parliament (September 2017-October 2017)

Post by Aralunya on Sat Oct 28, 2017 6:40 pm

The Chair votes Ayes.
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Re: Management Committee Topic for the 12th Session of Parliament (September 2017-October 2017)

Post by S:t Artica and the N.K. on Sat Oct 28, 2017 9:37 pm

Saint Artica and the N.K votes Aye.
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Re: Management Committee Topic for the 12th Session of Parliament (September 2017-October 2017)

Post by Aralunya on Tue Oct 31, 2017 9:49 pm

Thank you for your participation in this long and successful Committee Hearing on the Amendments debated in the ECC. As Chair, I will compile and submit a report to the Chair of the Extraordinary Constitutional Convention for their purposes! I know close this hearing and, as it is the end of this Parliament, adjourn this committee.
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Re: Management Committee Topic for the 12th Session of Parliament (September 2017-October 2017)

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