PreambleThe nations of South America have agreed to enact, and to be bound by, this Constitution in the interests of regional progress, protection and posterity. This Constitution will apply only to the out-of-character "Region of South America" (referred throughout this document simply as "South America") and how it is governed as a body within the game of NationStates. It will have no jurisdiction over in-character affairs or role-play or how players run their countries.
Title I: President of the Region
The Founder, and the nation who controls that account, will be the President of the Region. The President of the Region will be the out-of-character head of state of South America and will represent the region at home and abroad as required.
The President of the Region is the commander-in-chief of South America and will have full power to direct the external affairs, and security and defence policies of the region, and to enact emergency measures whenever there is a perceived threat to the region. Emergency measures will stand for 14 days then automatically expire, unless the President of the Region decides, or the Regional Assembly votes, to end it sooner. The Regional Assembly can vote to extend emergency measures.
The President of the Region nominates a President of the Government and, as required, a Council of Ministers to the Regional Assembly.
During the times when there is no President of the Government or Council of Ministers, the President of the Region will be Acting President of the Government and will serve in a caretaker capacity. This will mean that when serving as Acting President of the Government, the President of the Region cannot introduce new policies except those specifically granted to the President of the Region by this constitution.
As required, the President of the Region nominates a President of the Constitutional Council, a President of the Regional Court and a Prosecutor of the Regional Court.
The President of the Region approves and enacts laws passed by the Regional Assembly. If he objects to a proposed law, he can resubmit it to the Regional Assembly noting objections. The Regional Assembly can amend the bill to address the objections or it can pass the law again unchanged. The President of the Region must approve the same law passed twice unchanged by the Regional Assembly.
The President of the Region can refer any law to the Constitutional Council which will consider the legality of the proposed law before it can be passed by the Regional Assembly.
The President of the Region can withdraw any of the various nominations he makes for offices until the moment that those nominees are approved by the Regional Assembly. Once approved by the Regional Assembly, the nominees made cannot be removed by the President of the Region except on instruction from the Regional Assembly by a vote of no confidence.
If the President of the Region is vacant from South America or inactive, the President of the Government and the President of the Regional Assembly serve jointly as Acting Presidents of the Region.
Title II: President of the Government & Council of Ministers
The President of the Government will be responsible for the everyday governance of the region, and specifically with domestic policy.
The President of the Government, as required, proposes a list of ministers for the President of the Region to nominate to the Regional Assembly. The Council of Ministers shall number no more than 10 ministers.
The Council of Ministers serves only as long as the President of the Government serves. If the President of the Government resigns or is removed from office so to is the Council of Ministers.
The President of the Government will be responsible and accountable to the Regional Assembly and holds office while commanding the confidence of it. The Council of Ministers exercises sole and collective responsibility for the actions it takes and policies it enacts.
Upon taking office, and at least once every 3 months after, the President of the Government will present a programme to the Regional Assembly outlining the plans of government. If the President of the Government fails to present a programme to the Regional Assembly after 3 months, the Regional Assembly will be compelled to hold a vote of confidence in the President of the Government.
Title III: Regional Assembly
The Regional Assembly will be made up of all the citizens of South America as defined by law. As such, it will have absolute authority over all government policies and actions.
The Regional Assembly will, as required and before all other business, elect a President of the Regional Assembly who will be responsible for representing the Regional Assembly as a whole, setting the agenda of the Regional Assembly and conducting votes of its members. The President of the Regional Assembly does not have a vote except to break a tie.
The President of the Regional Assembly will be charged with maintaining the good conduct of the members and can punish those who disobey standing orders and rules to be established by the Regional Assembly by discounting that member's vote.
The President of the Region, the President of the Constitutional Council and any citizen while they serve as President of the Regional Court do not have a vote in the Regional Assembly. They will be the only citizens of South America who do not.
The approval of the majority of the voting members of the Regional Assembly will be required to appoint all nominees to their offices, to approve inter-regional treaties and agreements, and to pass laws to be submitted to for enactment to the President of the Region.
The President of the Government or a minister responsible submits government proposed laws and business to the Regional Assembly for debate, and this will take priority over all other business that is not the election of the President of the Regional Assembly. Members of the Regional Assembly can also submit private proposed laws for debate.
After it is introduced a bill will be discussed by the Regional Assembly for no shorter than three days and no longer than seven days. Discussion can be shortened or lengthened by a motion submitted to the President of the Regional Assembly. The President of the Regional Assembly will decide whether or not there will be further discussions of a bill and will also announce when a bill is to be voted on.
A bill must be approved by the simple majority of voting members of the Regional Assembly for it to become law. If a bill is defeated it cannot be reintroduced in the same form until after the election of a new government. A majority of voting members can also repeal and amend enacted laws.
A bill that passes a vote of the Regional Assembly is submitted for approval to the President of the Region who can approve it or return it to the Regional Assembly noting their objections. The Regional Assembly can change the bill to take account of the President of the Region's objections or it can overrule them by passing the same bill again unchanged and with the support of sixty percent of the members. If the bill is not passed by the Regional Assembly or it is passed without the support of sixty percent of members, it is considered defeated.
The Regional Assembly can vote to extend emergency measures enacted by the President of the Region by a majority of the voting members. It can also overturn emergency measures enacted if sixty percent of all the members vote for it.
Title IV: Regional Court
The Regional Court will be summoned, as required, to rule on the criminality of the conduct of members of the region subject to the laws of the region. It can be summoned at any time by request of the President of the Region who will also nominate a President of the Regional Court and a Prosecutor of the Regional Court.
The President of the Regional Court serves only as required. During service, the President of the Regional Court does not have a vote in the Regional Assembly and will not serve in any other office. Upon completion of the service, whoever is serving as President of the Regional Court will return to their previous duties without discrimination for their absence.
The Prosecutor of the Regional Court will serve until they resign their duties or are retired from their duties by the President of the Region. The Prosecutor of the Regional Court will be appointed to, or removed from, the office by the President of the Region on advice of the President of the Government and with the approval of the Regional Assembly. The Prosecutor can be removed from office by a sixty percent vote to that effect of the Regional Assembly. During service, the Prosecutor can hold and exercise other offices with the exception of President of the Region, President of the Government, President of the Regional Assembly, President of the Regional Court and President of the Constitutional Council.
The Prosecutor will be required to file charges with the President of the Regional Court no later than seven days after an offence is deemed to have been committed. The Prosecutor will publicly announce all charges against a member of the region from the Regional Court. Upon the announcement of the Prosecutor filing charges, the defendant will be summoned before the Regional Court to hear the evidence against them. The defendant will be given time to respond to the charges and the evidence. If a defendant leaves the region or otherwise refuses or fails to attend their trial, they can be tried and sentenced in absentia.
The President of the Regional Court will ultimately pass judgement on a case and pass sentence. The President of the Regional Court cannot pass sentences that are not mandated by a criminal code. A defendant can appeal the verdict to the Constitutional Council if they feel their rights have been unduly violated or ignored, or if they feel the process of their conviction was flawed.
Title V: Constitutional Council
The Constitutional Council will be summoned, as required, to rule on the constitutionality of government policies and actions, proposed laws of the Regional Assembly, and verdicts of the Regional Court. It can be summoned at any time by a vote of the Regional Assembly or by a request of the President of the Region who will also nominate a President of the Constitutional Council. A ruling of the Constitutional Court is final and cannot be appealed.
The President of the Constitutional Council serves only as required. During service, the President of the Constitutional Council does not have a vote in the Regional Assembly and will not serve in any other office. Upon completion of the service, whoever is serving as President of the Constitutional Council will return to their previous duties without discrimination for their absence.
Title VI: Amendments
The constitution can be amended by a sixty percent vote of approval of the members of the Regional Assembly.
