SO 2016-12 The Region’s Administrative Branch 2016 [Constitutional Amendment]

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Re: SO 2016-12 The Region’s Administrative Branch 2016 [Constitutional Amendment]

Post by Libertarian Democracy on Sun Jul 31, 2016 7:19 pm

For reference, this is how the Constitution would look if this bill were enacted: http://www.nationstates.net/page=dispatch/id=671383

Notes:
0) Article III, Section B of the current Constitution needs to be removed.
1) Section 3 is a bit tricky.  It would make illegal some bills such as SO 2016-7 ("Emergency Measures Act").  In Article II, Section A, Clause 2 of that Act, the Founder is compelled by law to lock the region.  However under Article V, Section 3 of the hypothetical new Constitution, Parliament would be unable to regulate the administrative powers, and therefore unable to compel the Founder to lock the region in times of crisis.
2) Section 4 also shuts Parliament out.  Take, for example, SO 2016-10 ("Legislative Archive Act").  In this bill, it is ordered that a certain dispatch be pinned to the WFE.  However, Article V, Section 4 of your Constitution would render this bill illegal, as the power to regulate is taken from the Parliament and given to the Founder instead.
3) Section 5 concerns me somehow, so perhaps add a subsection allowing the banned nation to make an appeal to the Ministry of Jurisprudence.
4) Please please please find a way to clarify IC and OOC because they are hurting my brain with their powers of confusion!
5) Section 8 prevents the Founder from delegating his authority to the officers if he were to be absent for a week or two. (despite section 13)
6) Section 9 is also confusing.  Just have the administrative branch execute punishments.
7) Sections 11 and 12 should be merged and organized in subsections.
Cool Section 13: "Unless otherwise stated in this document"
9) Section 15: change "not mentioned privileges" with "unmentioned privileges", as it could be interpreted as the founder not being allowed to use the privileges established in the Constitution.


Other than these tiny suggestions I think that this is a pretty solid amendment, and I will be happy to vote for it once our Parliament exists again Razz

EDIT: I also endorse this bill.
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Re: SO 2016-12 The Region’s Administrative Branch 2016 [Constitutional Amendment]

Post by Abdoa on Mon Aug 01, 2016 12:39 am

I hereby endorse this constitutional amendment. (by the way, there is also SO 2016-9 on the President's desk that need to be put to a membership vote soon...)

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Re: SO 2016-12 The Region’s Administrative Branch 2016 [Constitutional Amendment]

Post by Nassau-Windsor on Mon Aug 01, 2016 3:41 pm

0) Done.

1) Actually, I do not think Article V, Section 3 of the new Constitution could be named "tricky". Because the Emergency Measures Act requires the Acting Founder to password-protect the Region in such a case, and according to Article V, Section 6, of the new Constitution, the Acting Founder must abide by all regulations passed by Parliament. Therefore, in a situation described by you, is already subjected to the Law on what to do.

2) Again, I argue that you would be wrong on this. The same Article V, Section 6 of the new Constitution would come into force. Parliament has regulated by law that a specific dispatch is to be displayed. Thus, the Founder will have to abide that decision and display the mentioned dispatch. Of course, this would go for other situations as well.

3) Section 5 would grant the power to the Founder and his officials to eject (and ban) members who violate the rules of NationStates or the Forum. This is exclusively relating to out-of-character matters, such as spamming and trolling. Therefore, it is a purely administrative matter and the Minister of Jurisprudence should not have a say in the matter any more than other citizens. With this explanation given, I hope you can agree that I see no need to include a subsection you requested. I will on the other hand include a subsection that allows an appeal if such a decision is made by any administrative official other than the Founder.

4) I will do my best... Would "In-character is meant for any moments at which the player acts in his role(s) as a citizen of the Region/government official/etc. Out-of-character is meant for moments in which the player acts as a normal person only, not referring to or using his status/privileges/duties as a citizen or official." be good enough for you?

5) I will edit the provision so that in case of an emergency and absent of the Founder, Regional Administrative Officers would have that power as well.

6) Done.

7) Done.

Cool I would like to keep this as it is, because other documents might change it as well in the future. One could think of an Administrative Order by the Founder for example.

9) Done.

-----

Along with this, I checked the Bill again and found out that I have missed some provisions that were covered in the old Constitution, thus I have added some new Articles as well.

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Re: SO 2016-12 The Region’s Administrative Branch 2016 [Constitutional Amendment]

Post by Libertarian Democracy on Mon Aug 01, 2016 4:23 pm

Some final notes:
1) Article 4 of your bill is no longer necessary and should be removed.
2) Section 13 still refers to a Section 12, which no longer exists.
3) Renumber Sections 5 through 21 so section numbers aren't skipped.

I think this bill is ready to advance!

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Re: SO 2016-12 The Region’s Administrative Branch 2016 [Constitutional Amendment]

Post by Nassau-Windsor on Mon Aug 01, 2016 7:21 pm

Libertarian Democracy wrote:Some final notes:
1) Article 4 of your bill is no longer necessary and should be removed.
2) Section 13 still refers to a Section 12, which no longer exists.
3) Renumber Sections 5 through 21 so section numbers aren't skipped.

I think this bill is ready to advance!

1) The Article is still relevant as Article III, Section A mentions that the Founder is part of the Executive as well... Wink
2) Oops, that will be changed right now!
3) N/A, see answer to 1).

Thank you for your input to this Bill!

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Re: SO 2016-12 The Region’s Administrative Branch 2016 [Constitutional Amendment]

Post by Libertarian Democracy on Mon Aug 01, 2016 10:20 pm

Remember, you removed Section 12, so sections 13 through 21 still need to be removed.

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Re: SO 2016-12 The Region’s Administrative Branch 2016 [Constitutional Amendment]

Post by Abdoa on Mon Aug 01, 2016 11:41 pm

Well, when the numbering etc is done, I will move this bill to the debate hall, though unfortunately, there are still not enough Senators to vote on it...

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Re: SO 2016-12 The Region’s Administrative Branch 2016 [Constitutional Amendment]

Post by Libertarian Democracy on Tue Aug 02, 2016 6:42 pm

Abdoa wrote:Well, when the numbering etc is done, I will move this bill to the debate hall, though unfortunately, there are still not enough Senators to vote on it...
Then I withdraw my endorsement until there are enough senators to potentially reach quorum.
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Re: SO 2016-12 The Region’s Administrative Branch 2016 [Constitutional Amendment]

Post by Abdoa on Wed Aug 03, 2016 6:32 am

Very well, noted. Smile

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