Author Topic: Constitution of the UDN  (Read 57 times)

Offline Detreadan

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Constitution of the UDN
« on: December 06, 2015, 10:05:20 pm »
-Article I-
1. All nations are guaranteed the rights defined by the Bill of Rights

·Bill of Rights·

1. All Nations of the UDN are sovereign. Each Nation has the right of self-determination in that Nation's domestic policies, including, but not limited to, issue selection, WA membership and decision-making on WA legislation.

2. Each Nation's rights to free speech, free press, and the free expression of religion shall not be infringed upon by any regional authority. Each Nation has the right to assemble, and to petition the governmental authorities of the region, including the WA Delegate, for the redress of grievances. The governmental authorities of the region shall act only in the best interests of the Region, as permitted and limited under the Constitution.

3. Participation in the democratic process of the region is voluntary, however, any law passed by the regional government will have to be obeyed whether the individual nation voted on it or not.

4. No Nation of The UDN holding WA member status in NationStates shall be obligated to endorse any official of a government authority of the region. The right to add an endorsement or withdraw an endorsement is a sovereign right of that Nation as a WA member.

5. All Nations of UDN have the right to be protected against the abuse of powers by any official of a government authority of the region. Any Nation of The UDN has the right to request the recall of any official of a government authority of the region in accordance with the Constitution that is deemed to have acted unconstitutionally.

6. No Nation shall be held to answer for a crime in a manner not prescribed by the Constitution or the Legal Code. No Nation shall be subjected to being twice put in jeopardy for the same offense. No Nation shall ever be compelled in any criminal case to be a witness against itself. No ex post facto law shall be passed. Likewise, no Bill of Attainder shall be passed.

7. When charged with criminal acts, Nations of The UDN shall have a fair, impartial, and public trial before a neutral and impartial judicial officer from the Chief Magistrate Court. In any criminal proceeding, a Nation is presumed innocent unless guilt is proven to the fact finder by reasonably certain evidence. A Nation may be represented by any counsel of the Nation's choosing. No Nation convicted of a crime shall be subject to a punishment disproportionate to that crime.

8. No Nation shall be ejected from the region, or banned from any forum, except as expressly authorized by the Constitution or the Legal Code. Should any official of a government authority of the region with authority to act, declare that the immediate ejection or banning of a Nation is an urgent matter of regional security, they may order the ejection or banning of the nation. Any ejected or banned nation shall have prompt and immediate recourse to judicial review of the matter. The WA Delegate shall not exercise the power of ejection or banning unless expressly authorized by a specific action of a government authority of the region pursuant to the Constitution or to the Legal Code.

9. Each Nation in The UDN is guaranteed that no action by the governmental authorities of the region shall deny to any Nation of The UDN, due process of law, including prior notice and the opportunity to be heard, nor deny to any Nation of The UDN the equal and fair treatment and protection of the provisions of the Constitution.

10. Each Nation entitled to a vote in any manner under the fundamental laws of the region is entitled to the equal treatment and protection of that Nation's right to vote.

11. No nation shall enter into an alliance, treaty, or confederation deemed harmful for the region while still remaining within the jurisdiction of the UDN.

12. No governmental authority of the region has the power to suspend or disregard the Constitution or the Legal Code for any reason.
13. No nation in the Assembly shall be barred from participating in governmental petitions, including, but not limited to, recalls of governmental officials in the region and a vote to repeal legislation, in accordance with the laws of the Constitution.
« Last Edit: December 06, 2015, 10:11:29 pm by Detreadan »
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Offline Detreadan

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Re: Constitution of the UDN
« Reply #1 on: December 06, 2015, 10:06:16 pm »
-Article II-
Section I.

All governmental authority shall ultimately be derived from the nations in the region. The regional government has the expressed purpose of protecting the weak from the strong, yet allowing the majority to express their will. The government shall protect each nation’s right to life, liberty, and property.

In the UDN regional government, no individual nation is able to hold more than one office. An office is defined as a government position mentioned in the Constitution. The only exception to this rule is the position of World Assembly Delegate as it can be held with an office due to the fact it is mainly an international position based on a nation’s positions on issues.

Section II.

The population of the region shall be divided herein. The first group shall be known as The Commons and will consist of all nations with less than thirty million people. The second group shall be known as The Assembly and shall consist of all nations with a population greater than or equal to thirty million.

The Assembly shall have the right to elect the Consul, eight of the Great Council members, the World Assembly Delegate, and a Chief Magistrate.

The Commons shall have the right to elect the Consul, the World Assembly Delegate, and a Great Council member.

The Assembly has the right to repeal any law they deem unjust with a ¾ majority of the Assembly voting a law unjust. Ten endorsements of a law being unjust must be sent to the Minister of Public Opinion who shall then set up a poll for public voting. A single nation can only send one endorsement per piece of legislation.

The Assembly has the right to a fair and representative poll in order to show the true feeling of the public on a repealment. All polls focused on repealing a law must last for at least 24 hours. Any polls that does not last for the minimum time requirement will be deemed null and void no matter the results.

The Assembly has the right to recall any person in government that they deem to not be holding up to their constitutional duty. The premises for recall are: being inactive for over five days without reason, failing to hold up to campaign promises, and ignoring the public will. A recall cannot be called for someone breaking their constitutional duty as that requires an impeachment. In order to recall an individual, ten nations in the Assembly must send a telegram to the Minister of Interior. The Minister of Interior shall inform the nation in question and give them three days prior to setting up a poll for a recall. In order to recall an individual, a ¾ majority must vote in favor of the recall.

Section III.

The Legislative branch of the regional government shall be known as The Great Council. It shall have nine members with varying levels of authority. All members of the Great Council except for the Tribune of the Commons must be members of the Assembly.

The first council member shall be known as the Minister of Public Opinion and will have authority over polls. The second council member shall be known as the Minister of Regional Development and shall have authority over appearances. The third council member shall be known as the Minister of Homeland Security and shall have authority over border control. The fourth council member shall be known as the Minister of Communication and shall have authority over communication. The fifth council member shall be known as the Minister of Ambassadors and shall have authority over embassies. The sixth council member shall be known as the Minister of the Interior and shall have authority over communication, polls, and appearance. The seventh council member shall be known as the Minister of Foreign Affairs and shall have authority over embassies and border control. However, the Minister of Interior and the Minister of Foreign Affairs must have experience in one of the prior named positions that share authority with them before becoming eligible for their office. The eighth council member shall be known as the Chancellor and he shall have authority over communication, embassies, polls, appearance, and border control. However, the Chancellor must have held either the Minister of Interior and the Minister of Foreign Affairs position prior to becoming Chancellor. The Chancellor shall be recognized as the Head of the Great Council. Finally, the last council member shall be known as the Tribune of the Commons. The Tribune of the Commons shall have no authority over any matters, however, he will be considered the representative of the Commons and an equal member in the Great Council. The Tribune of the Commons must be a member of the Commons.

The Great Council members shall have no term limit. An election for the first five Ministers shall happen every two months. An election for the next three Ministers shall happen every three months. An election for the Tribune of the Commons shall happen every two weeks. In order to be deemed eligible as a candidate, a nation must meet the prerequisites of the office mentioned in the prior paragraph. In addition, a nation must receive an endorsement from at least five other nations with at least three being members of the Assembly. The only position that is exempt from the endorsement rule is the Tribune of the Commons. Instead, the Tribune of the Commons requires five endorsements from only the Commons. In order to prove one’s endorsement, a nation’s endorsers must telegram the Minister of Communication who shall announce each nation’s endorsers in the newspaper. A nation is only allowed to endorse one person per office.

The Great Council shall have authority over enacting any legislation. In order for a piece of legislation to pass, it must receive majority approval by the Council. If a piece of legislation is vetoed by the Consul, the Great Council can override the veto by approving a piece of legislation with a 7/9 majority. However, if a Chief Magistrate does not approve of a law, it cannot be enacted. If a Minister proposes a law to the Great Council, their vote shall be nulled. Instead, that Minister shall have the World Assembly Delegate vote for his proposal in his place. Thus, the same rules for a majority approval are still in place.

The Great Council shall also hold the authority of approving or refusing the nominations of the Consul and the Assembly for the positions of Chief Magistrates. When a nomination is refused, that person is refused the right to hold the office of Chief Magistrate. However, that person can still run for the office or be appointed to it at a later time. The Great Council has the right to question a Chief Magistrate nominee prior to determining his nomination. Another election shall happen for the position of Chief Magistrate when the Assembly’s choice for Chief Magistrate was declined. The Consul shall provide a new candidate for Chief Magistrate for approval by the Great Council within 36 hours of a refusal.

The Great Council shall also have the authority of ultimately deciding if the Consul shall be impeached. If a majority of the Great Council feel the Consul should be impeached, then a trial shall start where all three Chief Magistrates must agree that the Consul is guilty.
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Offline Detreadan

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Re: Constitution of the UDN
« Reply #2 on: December 06, 2015, 10:07:15 pm »
Article III
Section I.
The Consul shall be elected directly by both the Assembly and the Commons. The Consul shall be chosen every four months by a free and democratic election. In order to be deemed eligible for the position of Consul, a nation is required to have ten endorsements with at least six coming from members of the Assembly. However, a Consul is not required to have held any government positions prior to being elected. He must also be a member of the Assembly.

The Consul is seen as the head of the government and the public face of the UDN. He has the authority to declare wars, make international treaties, nominate two of the three Chief Magistrate positions, veto any legislation that comes from the Great Council, and also propose legislation to the Great Council. The Consul is given authority over all matters of government, including executive authority, however, he is expected to treat the Great Council as peers rather than as servants. The Consul must maintain a transparent agenda and is subject to a hearing at the whim of the Chancellor. In a hearing, the Chancellor and a Chief Magistrate shall be present. The Consul is required to answer any question asked by the Chancellor deemed pertinent by the Chief Magistrate about his agenda. The Consul is also given the authority to be the arbiter between conflicts involving a UDN nation and a foreign nation and/or region.

The Consul has the right to request the transcript of the questions given to his Chief Magistrate candidate in order to see if the questions were unjust. The Chancellor will be held responsible if the request is not met within 48 hours and a punishment shall be decided upon by the Chief Magistrate Court.

The Consul is responsible for appointing any positions of authority in the regional government except from elected positions.

Section II.
The World Assembly Delegate, like the Consul, shall be elected by both the Commons and the Assembly. The World Assembly Delegate shall be considered a major player in increasing the influence of the UDN. Nations will be expected to endorse the World Assembly Delegate unless there are extreme political differences.
The World Assembly Delegate shall be elected every two months. Any candidate that desires the position must telegram both the Minister of Communications and the Minister of Public Opinion. Any nation in the UDN can run for World Assembly Delegate.

The World Assembly Delegate shall function as a Great Council member when a Great Council member proposes their own piece of legislation. Otherwise, they are considered a separate entity and will not take part in legislative matters. If the person proposing a piece of legislation is both a member of the Great Council as well as the World Assembly Delegate, then the Consul shall take the place of the Great Council member that is proposing the piece of legislation for that vote.

The World Assembly Delegate shall not be pressed into taking a stance by any member of the regional government. If someone is found attempting to extort, bribe, or influence the World Assembly Delegate through unjust means, they will be banned from running for public office and immediately forced to retire.

The World Assembly Delegate may have no authority in civil matters, however, he is still able to help the government in the same way that the Tribune of the Commons is.
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Offline Detreadan

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Re: Constitution of the UDN
« Reply #3 on: December 06, 2015, 10:07:58 pm »
Article IV
Section I.
The Chief Magistrates shall be a group of three nations deemed logical, unbiased, impartial, and intelligent enough to oversee the judicial responsibilities of the UDN. Two of the Chief Magistrates shall be nominated by the Consul, subject to approval by the Great Council. One of the Chief Magistrates shall be elected by a popular vote in the Assembly. There is no need for endorsements in order to run for Chief Magistrate, nor is any prior governmental experience. All three Chief Magistrates are equal in power.

The Chief Magistrates are unable to create legislation or laws that will affect the nation as they are considered arbiters for the people. Any law that is passed by both the Consul and the Great Council shall go to the desk of the Chief Magistrates. At least two of the three Chief Magistrates must deem a law acceptable in order for it to be put into the Legal Code.

All trials between nations, governmental parties, and any other group of peoples within the UDN shall be held by the Chief Magistrates. Depending on the severity of the trial, there shall be either a single Chief Magistrate or three Chief Magistrates that shall hear a case. Generally, national disputes shall be handled by a single Chief Magistrate. However, disputes amongst parties greater than a single nation or between a nation with regional authority and any other nation shall be overseen by three Chief Magistrates. There shall never be two Chief Magistrates on a case. All that is required in a three Chief Magistrate case is the approval of two Chief Magistrates except in cases of impeachment from office.

If the Chief Magistrates disapprove of a piece of legislation, that piece of legislation shall not pass unless the issue is resolved. Then, that piece of legislation shall be submitted for reapproval by the Chief Magistrates once more.

The government shall be represented by the Attorney General in judicial matters. The Attorney General shall be appointed by the Consul. The Attorney General has no prerequisites to hold his office. The Attorney General is expected to defend both the Great Council and the Consul in court proceedings with equal vigor. If the Great Council or the Consul find the Attorney General to be purposefully negligent, they can terminate him from office. The Great Council can send a message of termination to the Consul by attaining a majority vote for the termination of the Attorney General. The Consul can veto the declaration of termination, however, the Great Council can override the veto with a 7/9 majority. If the Consul desires to terminate an Attorney General, they can do so without informing the Great Council or the Chief Magistrates. However, once an Attorney General is terminated, a new one must be appointed within 24 hours by the Consul. Otherwise, the Chancellor shall be responsible for appointing the new Attorney General.
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Offline Detreadan

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Re: Constitution of the UDN
« Reply #4 on: December 06, 2015, 10:08:53 pm »
Article V
Section I.

The Amendment process shall provide the region a way to edit the Constitution and create new laws that shall withstand the test of time or the whim of regional politicians. It should not be treated lightly and should be seen as a way to make major changes in the region that are deemed acceptable by most if not all people.

The proposed Amendment to the Constitution shall be proposed by either the Consul or a Great Council member. Then, a vote in which 8/9 of the Great Council agree on the Amendment must be done. If an Amendment receives adequate support from the Great Council, it shall be sent to the Assembly rather than the Chief Magistrates in order for ratification. ⅔ of the Assembly must vote in favor of an Amendment in order for it to officially be recognized and put into the Constitution.

The Chief Magistrates hold no authority in matters on Amendments due to the fact an Amendment is an addition to the Constitution and thus does not need to meet any of the parameters established by the Constitution. The Consul has no authority over the Amendment process and thus shall never have a direct impact in the process in creating one. He may propose one, but he shall never vote or prevent a vote.
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Offline Detreadan

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Re: Constitution of the UDN
« Reply #5 on: December 06, 2015, 10:10:09 pm »
Article VI: The United Defense Forces (UDF)
Section I.
The UDN’s military has a history going back to the founding of our region. The UDN was founded in an attempt to provide security against other powers in the world, and one of the greatest assets in creating a secure region is a strong military. The majority of the UDF is appointed by the Consul as the Consul is considered the Command in Chief of the UDF and so it is his job to create an efficient and brutal military machine that will be able to work together. The only exception to this general rule is the appointment of the Supreme Commander, which requires the approval of the Great Council. This is due to the fact the Supreme Commander will hold overall military power when the Consul is not present and so he must be deemed experienced, loyal, and intelligent enough to lead the UDF. The Great Council reserves the right to question any candidate for the Supreme Commander position in order to determine their fit for the position.

Also, positions mainly based on keeping internal peace will be staffed by members of the Great Council that were voted in by the Assembly rather than individuals that owe their loyalty to the Consul. The Military Chain of Command is as follows:

Commander in Chief: The Consul

------------->

Supreme Commander of the United Defense Forces: An individual nominated by the Consul and approved by the Great Council

------------->

Admiral of the Naval Defense Forces: Appointed by the Consul

------------->

General of the Ground Defense Forces: Appointed by the Consul

------------->

Captain of the Aerial Defense Forces: Appointed by the Consul

------------->

Special Operations Commander: Appointed by the Consul

------------->

Director of the UIA: Minister of the Interior
------------->

Chief Justice of the Military Court: A Chief Magistrate chosen by the Consul

------------->

Wartime Propaganda Officer: Minister of Communication

Section II.

Purpose of the UDF
The UDF stands as a coalition of member nations of the UDN for the defense of the region as a whole. It is important to recognize the position of the UDF as a defensive mechanism for the UDN, it has no obligations to protect members of the UDN that have aggravated conflict from foreign powers, lest those foreign powers threaten the UDN as a whole. Protecting the values of Democracy and personal freedom that the UDN has been founded on. The UDF is funded by the member nations and the categories allowed for funding in the UDF are as follows:

-Research and Development
-Maintenance
-Payroll
-Operating Costs
-Special Operations (Black Budget)
-Recruitment
-Propaganda

Section III.

The United Naval Defense Force (UNDF)
The Naval forces of the UDF are at the centerpiece of the defensive strategy for the UDN. Since the UDN is situated on an island, the Navy patrolling it has access to its own air force and marine divisions, along with the ships that make up the bulk of it. Here are some general statistics of the navy:

NAVY
Aircraft Carriers: 8
Amphibious Assault Ships: 26
Battleships: 32
Destroyers: 58
Submarines: 72
Patrols Boats: 152
River Boats: 456
Transport Ships/Tankers: 83
Cruisers: 44
Icebreakers: 7
Sailors: 454,921

NAVAL AIR FORCES
Fighters: 2,867
Attack Helicopters:1, 548
Gunships: 724
Medium Bombers: 504
Dive Bombers: 723
Search Planes: 342
Reconnaissance Planes: 223
Seaplanes: 657
Heavy Bombers: 125
Mechanics: 8,455
Pilots: 7,894

MARINE DIVISIONS
Marines: 563,349
Amphibious Assault Vehicles: 632
Jeeps/Personnel Carriers: 322
Tanks: 234
Gunships: 146
Attack Helicopters: 284
Light Bombers: 393
Fighters: 783

Section IV.

[colot=green]The United Ground Defense Force (UGDF)
The UGDF works to defend the mainland of the UDN. It also coordinates counter attacks and invasions on attacking regions. Here are some general statistics on the UGDF:

Legionnaires: 945,371
Personnel Carriers: 9,245
Tanks: 35,265
Jeeps: 1,345
Transport Trucks: 10,456
Gunships: 3,232
Attack helicopters: 1,345

Section V.

The United Aerial Defense Force (UADF)
The Largest Air Force in the UDN. Works to protect UDN’s sovereign territory in both its airspace and form space. Here are some general statistics:

Fighters: 6,341
Attack Helicopters: 3, 630
Gunships: 2,929
Medium Bombers: 703
Search Planes: 892
Reconnaissance Planes: 549
Seaplanes: 231
Heavy Bombers: 1,235
ICBMs: 400
Satellites: 32
Mechanics: 21,871
Pilots: 18,718

Section VII.

UIA: United Intelligence Agency
Works at home and abroad to ensure safety of the UDN against foreign threats. It gives the UDN an edge in intelligence and technology.

Spy Satellites: 21
Agents: Classified
Has access to the inventories of other departments.

Section VIII.

Special Operations Task Force
Works quickly and quietly on threats abroad to neutralize them. Is the only department in the UDF specifically created for offensive work. Uses the best of the best from each nation in the UDN.

Divisions: Classified
Operators: Classified
Vehicles: Classified
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Offline Detreadan

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Re: Constitution of the UDN
« Reply #6 on: December 06, 2015, 10:11:06 pm »
Signatures of the Founders
The Democratic Republic of Antwerland | Founder     http://www.nationstates.net/nation=antwerland
The Most Serene Republic of Allicia | Chief Minister     http://www.nationstates.net/nation=allicia
The Empire of Ocatana | Minister of Defence     http://www.nationstates.net/nation=ocatana
The Sultanate of Lumumbaville | Minister of Communication     http://www.nationstates.net/nation=lumumbaville
The Republic of Sachcha | Minister of Foreign Affairs     http://www.nationstates.net/nation=sachcha
The Workers' Democracy of Vereinigte Deutschland | Minister of Interior     http://www.nationstates.net/nation=vereinigte_deutschland
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