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

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Post by Abdoa Fri Aug 12, 2016 9:50 am

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


An Amendment to the Constitution to further regulate the position of the Founder, the Regional Officers appointed for administrative functions, and other members carrying out administrative tasks concerning the Region, as well as their relation with the Executive Branch of Government.

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.
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. 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."

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 Branch as 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.
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 1The 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.
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."

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.

6 July 2016
Nassau-Windsor, Senator
Abdoa, Senator
Libertarian Democracy, Senator
Abdoa
Abdoa

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Post by Abdoa Fri Aug 12, 2016 9:51 am

Debate is open for four days until Tuesday August 16, 2016.
Abdoa
Abdoa

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Post by Nassau-Windsor Mon Aug 15, 2016 8:28 am

Looks like everyone is content with the proposal... Very Happy
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Post by Libertarian Democracy Tue Aug 16, 2016 6:24 pm

I am content with the proposal.
Libertarian Democracy
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Post by Abdoa Tue Aug 16, 2016 9:11 pm

Well then, on to the voting chamber!
Abdoa
Abdoa

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