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DispatchBulletinPolicy

by The Kingdom of Thaelle. . 19 reads.

Former Constitution of the FNR

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Founded January 15, 2016 - United December 25, 2016


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Constitution of the Free Nations Region

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PREAMBLE

The Free Nations Region is a parliamentary democracy and a crowned republic which will strive to promote freedom, peace, liberty and the pursuit of happiness in all it does. The government's goal is to provide peace, freedom and protection to all of its citizens.

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ARTICLE I: CIVIL RIGHTS

1. Every nation has the right to expression, assembly, religion, petition, and speech shall not be infringed, and shall be encouraged by the government, unless it constitutes hate speech and other OOC standards, or the rules of Nationstates or another site being used as part of The Free Nations Region. Hate Speech includes racist, homophobic, fascist, anti-Semitic, or other remarks made with the intent to offend or discriminate against others.

2. Every nation is sovereign, and has the right to control the domestic affairs of their nation, including membership in the World Assembly, as well as giving and receiving endorsements.

3. Every nation, if entitled through citizenship, has the right to submit a law for consideration by the Legislature, as well as a right to vote on such legislation, unless the passage of such legislation would violate laws already established in the region by the Legislature.

4. Every nation has the right to be presumed innocent from a crime unless concluded otherwise by a fair, public, and impartial trial carried out by the Judiciary of the region in which the defendant and their counsel (or lack thereof) are given the opportunity to defend themselves against charges brought against them. A nation shall be presumed innocent unless concrete, certain evidence that is obtained in a legal fashion and produced from reliable sources and/or witnesses (excluding the defendant themselves) indicates them guilty of committing an action in violation of the Legal Code of the region. No nation may be charged for an offense in which they have already been declared innocent in a trial that follows the guidelines outlined in the Legal Code.

5. Every nation has a right to be given a punishment proportional to the crime in which they have committed. A nation cannot be punished for an action unless they have been charged and proven guilty of a crime in relation to that action in accordance with the region's Legal Code.

6. Every nation has the right to be free of governmental abuse of positions, including being banned or ejected by a nation without review of the matter by the Judiciary, or by a nation that is not the Founder, or in a manner that is not in accordance with the Legal Code of The Free Nations Region. Every nation has the right to petition for a recall of a government official has abused their position.

7. Every nation has a right to be governed by a free, transparent, accepting, and accountable government. All nations shall have the right to due process of law, as well as all protections and guarantees given to them by the Legal Code. No nation can be in violation of a law that was not in force at the time or the perceived violation.

8. The Legal Code of the region cannot be suspended or disregarded by any government official in the region, other than in the event of an emergency as determined by the Legislature through the means established in the Legal Code. If the Legislature determines that there is an emergency through the means established in the Legal Code, then the government must act in a way that is consistent with the provisions Legal Code of the region, as consented to by the nations of the Region."

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ARTICLE II: CITIZENSHIP

  1. Any WA nation, who resides in the Free Nations Region shall receive ineffective citizenship.

    1. An ineffective citizen who obtained citizenship by having their WA nation in the region is required to endorse the current delegate.

    2. After confirmation of endorsement, by any government member, the citizenship becomes effective as long the current delegate is endorsed.

  2. A resident which isn't a WA nation needs to apply for citizenship on the offsite forums.

    1. A judge shall verify the ownership of the nation the applicant claimed to have.

    2. They shall send that nation, via telegram, an ownership verification code (abbreviated OVC) which consists of 15 capital alphanumeric characters. In the form of 5-5-5 e.g. A1B2C-3D4F5-G6H7I).

    3. The applicant shall reply the judge on forum with that verification token within 48 hours. Failure to do so results in denial of citizenship.

    4. A rejected applicant can reapply after one week, unless otherwise decided by a judge.

    5. Any government member (founder included) may handle OVCs besides judges after approval of the judiciary.

    6. During elections OVC handling permission is revoked from all government members and only judges and the founder may handle OVCs

    7. Verification using NationStates verification API, if available and reasonable, shall be valid in the same way as the confirmation with codes. This clause does not apply to election verification codes.

  3. FNRAF Applicants can be granted citizenship as soon as their application is accepted by a Commander.

    1. FNRAF Applicants are given a separate field in their application forms asking them whether they are interested in gaining citizenship or not. Only Interested Applicants are considered for citizenship.

    2. FNRAF applicants shall follow the same procedure as a regular Forum applicant to attain citizenship.

    3. Their Citizenship shall be cancelled as soon as they leave the FNRAF.

  4. Applicants, regardless where they apply, shall state their WA nation name. It doesn't matter where it is only the name matters. Which is verified using verification code. See Section III.2.b.

    1. This information serves no particular purpose other than to reduce the chance of fraud by applying multiple times for citizenship.

    2. Once done the verified applicant shall receive effective citizenship.

  5. If a resident obtains effective citizenship less then 7 days before or during an election it shall not be eligible to vote on that election. It will become eligible to vote on the next election after that.

  6. If it becomes known that someone has received citizenship illegally, citizenship shall be revoked. The judiciary decides about additional penalties up to the ejection and ban out of The Free Nations Region.

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ARTICLE III: THE INSTRUMENT OF GOVERNMENT

  1. The government shall act openly and democratically.

  2. The government of the region represents the region on the world stage and shall act in the will of the citizens.

  3. All candidates for a government office must have been a citizen for seven days by the start of the election.

  4. Any member of the government who does not post on an FNR-affiliated site for a period of fourteen days without having prior notified the region shall be removed from office.

    1. A special election shall be held to replace the removed official.

  5. Any member of the government found to be using puppetry or coercion to make any sort of gain shall be immediately removed from office.

  6. No members of government may hold multiple elected offices within the region.

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ARTICLE IV: THE EXECUTIVE BRANCH

Section I: The President

  1. The President is the head of the Executive Branch and the head of government.

    1. The President shall be responsible for ensuring the execution of the laws of the region.

    1. The President may serve a maximum of two consecutive terms.

  2. The President shall be granted all regional officer powers.

  3. The President may veto a law passed by the Legislature.

    1. The veto may be turned over by the Legislature via a two-thirds vote in favor.

  4. The President shall appoint a Vice President to serve as his chief advisor and second-in-command.

    1. The Vice President shall be a part of the Cabinet

    2. Each Presidential candidate’s Vice President must be announced prior to the election.

    3. The Vice President shall break all ties in the Legislature.

  5. The Cabinet shall execute the will of the President.

    1. The President may nominate justices to vacant seats on the Supreme Court.

  6. The Legislature must approve all judicial nominations via a two-thirds majority vote.

  7. The President shall be the region’s chief diplomat, and may negotiate foreign treaties and alliances.

    1. Any foreign agreement must be subjected to a vote of the Legislature prior to being enacted.

      1. Foreign agreements must pass with a two-thirds majority.

  8. The President has the power to issue Executive Orders.

    1. Executive Orders may not be used as a substitute for legislation.

    2. Executive Orders can be nullified through judicial review or via a two-thirds majority vote of the Legislature.

  9. If a member of the Executive Branch becomes unable to perform their duties for any reason, a special election shall be held to replace them.

Section II: The World Assembly Delegate

  1. When voting on proposals, the World Assembly Delegate shall vote in line with the majority of the region.

  2. The World Assembly Delegate shall be endorsed by every World Assembly member residing within the region.

  3. The World Assembly Delegate shall have powers over world assembly, communications, and polls.

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ARTICLE V: THE LEGISLATIVE BRANCH

Section I: Speaker and the Legislature

  1. The Legislature is the chief legislative body of the region, and is responsible for discussing and voting on proposed bills.

  2. The Legislature shall be comprised of an unlimited number of members.

    1. Citizens who have been in the region for seven days may choose to opt into the Legislature via an application on the forums.

      1. This application shall be created and managed by the Speaker.

      2. Citizens with a criminal record cannot join the Legislature without clearance from the Supreme Court.

  3. The Assembly is led by a Speaker, who is responsible for bringing bills to the floor and presiding over debate.

      1. The Speaker must be an incumbent member of the Assembly.

    1. All proposed bills must first be sent to the Speaker, who will keep a list of bills proposed.

      1. Bills will be brought to the Legislature in the order in which they were proposed.

    2. The Speaker shall be responsible for vetting Legislature applications.

      1. Applications cannot be denied for any personal or political reason.

    3. The Speaker shall swear in newly-approved members of the Legislature.

  4. The Vice President shall cast a vote to break a tie.

  5. The Legislature may do the following with a two-thirds majority vote:

    1. Override a Presidential Veto

    2. Declare a state of crisis

    3. Amend the Constitution

    4. Impeach any government official with sufficient reasoning

    5. Declare war

  6. All votes of the Legislature shall take place on the regional forum.

    1. Voting shall last for three days.

    2. Bills must receive a simple majority in favor to be passed.

    3. Following a bill’s passage, the President is required to either sign a bill into law or veto it.

  7. If the Legislature drops below four active members, it will disband until it reaches four active members

    1. During this time, the region as a whole shall act as the Legislature and will vote on bills.

    Section II: Legislature Polls

    1. Legislature polls shall mainly be done in the regional discord

      1. Citizens aren't required to join the discord. They can contact the Speaker, the Founder or a Judge and are then allowed to vote using telegram once registered.

      2. The names of the telegram voters shall be published that if a nations name is missing they can complain about it.

      3. Duplicate votes are prohibited and shall be turned invalid.

    2. An special channel shall be created for votes on legislature where only eligible citizen have access to

    3. Discord voters shall be verified, using code or verification API, if reasonable.

    4. Every other polls remain unaffected.

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    ARTICLE VI: THE JUDICIAL BRANCH

    1. The Supreme Court is the primary judicial authority in the region. It is comprised of four justices.

      1. Members of the Judiciary cannot be part of a political party.

      2. Members of the Judiciary cannot simultaneously hold another office within the region.

    2. At the end of the months of March and September, the justices shall elect a Chief Justice from among themselves to lead the court.

      1. The Chief Justice may serve an unlimited number of terms.

      2. The Chief Justice shall be responsible for inaugurating all elected officials.

      3. The Chief Justice may be dismissed by a Vote of No Confidence.

    3. Justices are appointed by the President when a seat becomes vacant and serve indefinite terms.

      1. Judicial appointments must be approved with a two-thirds majority vote in favor by the Legislature.

      2. Justices may only be dismissed by a Vote of No Confidence or impeachment.

    4. The Supreme Court conducts any and all trials in the region, as well as any investigations that may be required.

    5. The Supreme Court is responsible for ensuring the legality of bills, executive orders, and all other Legislative decisions, and may rule them unconstitutional using judicial review.

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    ARTICLE VII: THE FOUNDER

    1. Crystalsummer will be the only founder of this region. No other government officer or person thereof may claim the responsibilities laid out.

    2. The Founder’s sole role in the region is as ceremonial head of state.

    3. The Founder may make speeches to the legislature, the citizens, or be invited to special events to speak. This includes in other regions, special events, or interregional organizations.

    4. The Founder may hold summits, but is not allowed to speak for the government. These summits are only allowed to be for ceremonial purposes.

    5. The Founder, along with the moderators are charged with handling all OOC incidents. This is defined as an Out of Character Incident. The Founder may punish that individual, or deem an appropriate actions along with the moderators discussion, and approval.

    6. The Founder may issue ceremonial decrees. Those decrees only cover pardons for minor crimes, award the Founder's Medal of Freedom, or Special Holiday remembrances.

    7. The Founder is a normal citizen and holds the same rights as all citizens.

    8. The Founder is subject to all laws or boundaries placed upon the region and its citizens.

    9. The Founder does not have any direct influence on the running of the government, but may advise the government.

    10. During a time of crisis, the Founder may be granted additional permissions and executive authority. If there is a crisis or if the government goes inactive for more than 15 days, the Founder may recall the government, and ask the Chief Justice to hold elections. Before this happens, the Chief Justice must put it up to vote in the Supreme Court, and it must pass with a majority vote. The Founder may declare a state of emergency only with the approval of the Supreme Court.

    11. The Office of The Founder is to be recognized ceremonially as the fourth branch of government with no official governing power.

    12. The Founder is the owner and primary administrator of the forum.

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    ARTICLE VIII: THE ELECTORAL SYSTEM

    Section I: Voters and Candidates

    1. An eligible voter is required to have effective citizenship at least for seven (7) days at the day of election start to 0:00 (12 pm) UTC.

    2. Nations may declare their candidacy between two (2) weeks before up to three (3) days prior to the start of the election.

    3. Campaigning is explicitly encouraged in the period three (3) days before up to start of election.

    4. An candidate may not declare candidacy if effective citizenship was obtained later then two (2) weeks before start of the election. This also applies to members of the Cabinet.

    5. Elections shall be run by two Electoral Commissioners who are appointed by the Supreme Court.

      1. a. Only nations not running for office or running for an uncontested office may serve as Electoral Commissioner.

      2. b. If no electoral commissioners are found this function shall be executed by a judge of the Supreme Court.

      3. c. The function of electoral commissioners shall be bound to secrecy.

    6. The publication of results before the end of the election is expressly prohibited.

      1. A 'result' is considered any data that can be collected about a vote. In particular, but not limited to, data that could influence the voting behavior of other voters.

      2. If violated, the election must be declared invalid.

      3. The publishing electoral commissioner shall be impeached immediately. And locked out of any activities as electoral commissioner for at least four (4) election seasons.

      4. About restoration after this time decides The Supreme Court upon explicit request of the legislature."

      5. The (current) voter turnout, the number of eligible voters and the (current) number of voters who have already voted in total shall be exceptions from VIII.6.a count as 'result' according to this proposal and therefore do not fall under this regulation.

      6. Elections shall last for 72 hours following the start of the voting period, after which results shall be tallied and announced.

      7. The President, the Presidential Cabinet, the Speaker and the WA Delegate are elected offices and shall serve a term that lasts from when they are elected until the next election season.

      8. An Election Season shall start of the first day of the month, in the months of January, April, July, and October.

      9. In the case of an impeachment or otherwise a vacancy in an elected position, a Special Election shall immediately begin for that office. Special Elections shall function in the same method as a normal Election Season. However, if the Special Election would begin less than a month before or after a normal Election Season, the normal Election Season for that position shall be called off.

      10. The Ministers of the cabinet shall also be elected after the Presidential election, with the incoming President determine the Ministries which neccesiate a Minister, abdcelections being held for each Minister.

      11. If the President wishes to create a new Ministry after the initial elections, it must be approved by a simple majority vote of the Legislature. An election will then be held for that position.

      12. If no citizen of the region runs for a cabinet position, the President may appoint that cabinet position subject to a majority vote of the Legislature. If only one citizen runs for a cabinet position, then the election for that position will be treated as a nomination, requiring majority approval of the Legislature.

      Section II: Voting Procedure

      1. The official voting system of The Free Nations Region is "Instant Run off Voting" (IRV)

      2. All effective citizens (=eligible voters) shall receive and Election Verification Code (abbreviated EVC) at least 24 hours upon election start. Similar to III.2.b

        1. Codes are send via Telegram

        2. Only election officers and judges are allowed to generate and send EVCs

        3. Handling of EVCs is a matter of trust. Permission of handling EVCs for election officers may be revoked by unanimous decision by the judiciary or a majority (>50%) vote of the legislature. The counting of votes and other rights and duties as election officers remain unaffected.

        4. Complaints about not received EVCs are accepted and processed until 24 hours after start of the election.

        5. The codes are required to change every election.

        6. If codes are found to be distributed publicly, they may be invalidated. Except the code was redeemed before publication. The Judiciary shall be informed of the invalidation of the EVC and evidence of the publication has to be provided. The Judiciary decides about EVC invalidation.

      3. Voters are granted the right of secrecy of the ballot.

        1. Voters are asked to remain silent about their vote. But aren't required to.

      4. Voting will take place in Google Forms unless otherwise decided by unanimously vote of all election officers and judges, for example, because a better platform or solution has been found.

      5. The statement of the election code is mandatory on the ballot.

      6. The statement of the nation name is optional on the ballot.

        1. The election procedure gets more secure as only eligible voters get a unique code.

        2. After a code has been redeemed, it turns invalid. The first use of the code counts. Any further redemption is void.

        3. It is on the choice of election officers to ask the code owner why the code was redeemed multiple times.

      7. Only election commissioners shall have access to election results. In case of complaints the judges must be given access to the results.

      8. Judges have the right to validate the results

      9. The voter is responsible for accuracy of provided information. It is on the choice of the election officers to do research about provided data, they are not required to. Inaccurate provided information may turn the vote invalid.

      10. The form should explain how this voting works. The voter has to confirm that it was read and agreed on how it works before actually can be voted.

      11. The form provides on section per office that is at vote

      12. The form should display the question as e.g. "Would you support [Candidate] for [Office]?"

      13. The voter has to rate the candidates from 1 - Most Preferred / Most likely to [Number of Candidates] - Least Preferred / Least likely.

      14. The voter is required to distribute each number only once. Failure to do so turns the vote invalid.

      15. At the end of election all First (1) Votes are tallied. If a majority (> 50.0%) can be reached the election has ended.

      Section III: Resolution of Non Majority / Tie Voting using IRV

      1. If there are more than two candidates and on the first round no majority (> 50.0%) could be found then candidate with the least First (1) votes is eliminated.

      2. All votes that had at First (1) vote the eliminated candidate are taken into account again using the Second (2) Vote. This process is repeated till only two Candidates remaining or a majority (> 50.0 %) could be found. The election ends once majority is found.

      3. Abstain votes can also be eliminated same as Candidates

      4. In the unlikely case that despite these procedure no majority could be found than the candidate with more First (1) Votes wins. Are they tied Second (2) Votes are taken and so on. If nothing else helps the first First (1) vote with the earliest time stamp wins. This can only be applied if all other possibilities are exhausted and the candidates have agreed on it. Otherwise the election needs to be repeated.

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      ARTICLE IX: REGIONAL CRISIS

      1. A crisis may occur if there is an emergency within the region.

      2. A time of crisis may be declared by a two-thirds majority vote of the Legislature.

      3. Should the Founder cease to exist, the President shall immediately assume the office of World Assembly Delegate and shall have the authority to take on the roles reserved for the Founder.

        1. The President shall password the region for a maximum period of two weeks.

        2. If the Founder does not return within the two weeks allotted, the President shall then, at the approval of the Legislature and Judiciary, take the best determined course towards securing and refounding the region.

      4. In a time of crisis, all elections are suspended until the crisis is ended.

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      ARTICLE X: MILITARY FORCES

      1. All nations have a duty to defend the Free Nations Region from those with harmful intentions towards it.

      2. The Free Nations Regions Armed Forces (FNRAF) shall function as the legitimate armed forces of the Free Nations Region.

      3. The armed forces shall defend the Free Nations Region against invasions and foreign aggression and shall also participate in defenses of allied regions against raiders.

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      ARTICLE XI: REGIONAL FORUM

      1. The official forum of The Free Nations Region shall be located at http://www.freenations.freeforums.net.

      2. The Founder, President, and Chief Justice shall act as the moderators for the forum.

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      ARTICLE XII: SUPREMACY AND EMENDATION

      Section I: Supremacy

      1. This constitution shall be the supreme legal authority of The Free Nations Region, and takes priority over all conflicting laws.

      Section II: Emendation

      1. The Constitution may be amended by a vote of the Legislature.

        1. Amendments to the Constitution require a ⅔ majority vote in favor.

      2. Any nation may call for an amendment to the constitution.

      3. Approved amendments shall be recorded in order of passage.

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