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by The Republic of Xadrius. . 116 reads.

Third Constitution of the Aukumnian Imperium



This Constitution was passed to replace the Second Constitution on the 8th of July, 2019 (the image is a placeholder). It was written to address stylistic inconsistencies in prior Constitutions and deal in the further formalisation of Aukumnia's legal documents. The Table of Contents links to any part of the Constitution, and the text inbetween sections that says "Back to Table of Contents" returns. Black citations lead to definitions, light green citations lead to related parts of the Constitution, blue citations lead to pertaining legislation, purple citations lead to pertaining Court decisions, and orange is for everything else. If you have any questions, comments, suggestions, or criticisms regarding the Constitution and its style, then please contact Xadrius (Xadrya#8539).

ARTICLE I: REGION

ARTICLE II: THE EXECUTIVE

ARTICLE III: THE LEGISLATIVE

ARTICLE IV: THE JUDICIAL

ARTICLE V: ELECTIONS

ARTICLE VI: ENFORCEMENT

  1. The Aukumnian Imperium, additionally titled as Aukumnia, Aukum, The Imperium of Aukumnia, or The Empire of Aukumnia, is hereby declared to be a sovereign political and social congregation communionised under the region "Aukumnian Imperium".

    1. In a legal context, usage of any titles inconsistent with the aforementioned titles shall be considered improper.

  2. The seat of government[3] and point of operations on the NationStates site for Aukumnia shall be the region of "Aukumnian Imperium".

  3. No foreign or domestic force may inflict upon the independence of Aukumnia nor claim sovereignty[1] over any bodies legally under the possession of Aukumnia, either Constitutionally or by Act of Chamber[1].

SUBSECTION I: NATIONSTATES
  1. The government[3] of Aukumnia shall have indisputable jurisdiction[2] over the region of "Aukumnian Imperium" and the region of "Aukumnia".

  2. The government of Aukumnia shall have indisputable jurisdiction over the nation of "Aukumnian Office".

  3. Any nations or regions on the NationStates site may by placed under the jurisdiction of Aukumnia by Act of Chamber[1] or Executive Directive[2].

    1. Any Executive Directive establishing control over a region or nation may be contested by a motion of the Chamber of Representatives, which may be initiated by any Honourable Representative. If the motion achieves a two-thirds majority, the Executive Directive shall be struck null.

SUBSECTION II: DISCORD

  1. The government[3] of Aukumnia shall have indisputable jurisdiction[2] over the Official Aukumnian Discord Server[4] (581122908093677578).

    1. Management authority shall be granted to the Founder, as opposed to the Supreme Chancellor; However, laws[10] may be passed regarding the Official Discord Server.

  2. The government of Aukumnia shall have indisputable jurisdiction over any servers that are managed and owned by an Aukumnian citizen[4] that are primarily used for management and administration as part of the Aukumnian government.

    1. Servers declared as classified[3] by someone with the authority to declare classification may exist without the consent or knowledge of the unauthorised members of the Aukumnian government.

  3. Any servers on discord may be placed under the jurisdiction of Aukumnia by Act of Chamber[1].

    1. This may only occur if the individual in possession of the server is a citizen of Aukumnia or the person in possession of the server consents to it.

SUBSECTION I: REQUIREMENTS
  1. Once all requirements have been met, an individual will automatically achieve status as a citizen of Aukumnia.

  2. For an individual to become citizen, they must:

    1. Have a nation in the region Aukumnian Imperium or one of her dominions;

    2. Hold membership within the World Assembly;

    3. Endorse the current World Assembly Delegate;

    4. Be a member of the Official Aukumnian Discord[4].

  3. Exceptions to requirements may be made by the Founder, however, they may be overturned by the Chamber of Representatives with a one-half majority.

  4. The executive branch[5] may revoke an individual's citizenship within twenty-four hours of it being granted.

    1. Citizenship may only be revoked if the individual has provably been in violation with NationStates site conduct rules[8] in the past.

    2. Any execution of this power may be contested by a motion of the Chamber of Representatives, which may be initiated by any Honourable Representative. If the motion achieves a one-half majority, the revokement shall be struck null.

    3. Any execution of this power may be reversed by Court Order if they determine there isn't enough evidence to suggest a violation occurred.

  5. The Imperial Court of Justice shall have the power to revoke citizenship for certain criminal violations.

  6. The moment any of these requirements cease to be met, a citizen shall lose their citizenship status.

  7. All non-citizens shall fall into two primary categories:

    1. Diplomats;

    2. Visitors.

  8. Any individuals representing a foreign region shall be considered diplomats.

  9. Anyone who is neither a diplomat or a citizen is classified as a visitor.

SUBSECTION II: RIGHTS

  1. All citizens shall be guaranteed the right to speak freely, participate in the active criticism of the government[3], express any views– within the bounds of reasonable discourse.

  2. All citizens shall be guaranteed the right to a just and fair trial.

  3. All law-abiding[9] citizens who have held citizenship for at least one week shall be guaranteed the right to vote freely and participate in all elections.

    1. Persons who have not held citizenship for at least one week shall not be allowed to vote or participate in elections.

SUBSECTION I: ROLE
  1. The Supreme Chancellor shall be the Head of State and Head of Government of Aukumnia.

  2. The primary role of the Supreme Chancellor shall be as head of the executive branch[5].

SUBSECTION II: RESPONSIBILITIES

  1. The Supreme Chancellor shall be responsible for the management of the executive branch[5] in conjunction with any of their appointed Cabinet members.

  2. The Supreme Chancellor shall be responsible for the appointment of Imperial Justices[4].

  3. The Supreme Chancellor shall be responsible for overseeing the Chamber of Representatives in the absence of the Speaker of the Chamber.

SUBSECTION III: EXECUTIVE POWERS

  1. The Supreme Chancellor shall have the power to create, dissolve, or edit any Ministries or Departments.

    1. The Supreme Chancellor may freely delegate authority over anything within the realm of the executive branch[5] to any position or body under his oversight.

    2. Any Executive Directives creating or dissolving any body under the executive branch or applying/removing power to/from any executive body may be contested by a motion of the Chamber of Representatives, which may be initiated by any Honourable Representative. If the motion achieves a one-half majority, the Executive Directive shall be struck null.

  2. The Supreme Chancellor shall have the power to issue Executive Directives, also known as E.D.'s.

    1. The Supreme Chancellor shall be required to issue Executive Directives for all executions of their power over the executive branch.

    2. All Executive Directives must be stated or announced[19] publicly. Details may remain private if the Executive Directive is or contains classified[3] material.

  3. The Supreme Chancellor shall have the power to veto[5] any legislation[11] passed by the Chamber of Representatives.

    1. Legislation may only be vetoed within seventy-two hours of passage.

    2. Any veto may be contested by a motion of the Chamber of Representatives, which may be initiated by any Honourable Representative. If the motion achieves a two-thirds majority, the veto shall be struck null[7].

    3. The Supreme Chancellor may contest any overturn of a veto by challenging it to a public vote. The public vote shall be overseen by the Commission for Aukumnian Elections. If the motion achieves a one-half majority public approval, the veto shall return to full effect.

  4. The Supreme Chancellor shall have the authority to appoint Imperial Justices[4] in the face of an empty seat on the Imperial Court of Justice.

    1. All appointees shall face a hearing[6] in the Chamber of Representatives.

    2. All appointments shall require approval from two-thirds of the Chamber of Representatives.

    3. The appointment approval votes shall be proposed directly to the Chamber of Representatives by the Supreme Chancellor when one of the voting floors is open.

  5. The Supreme Chancellor shall have the power to classify, declassify, or reclassify any information to any level.

  6. The Supreme Chancellor shall have the power to propose a declaration of war[7] to the Chamber of Representatives.

    1. A proposal for declaration of war shall require a one-half majority to pass into effect.

    2. The declaration shall be proposed directly to the Chamber of Representative by the Supreme Chancellor when one of the voting floors is open.

SUBSECTION IV: REQUIREMENTS AND SELECTION

  1. For any person to assume, hold, or run for the office of Supreme Chancellor, they must be a citizen[4] of Aukumnia.

  2. The Supreme Chancellor shall be elected once a month.

  3. No persons may hold the office of Supreme Chancellor more than six terms consecutively.

  4. A Supreme Chancellor may not serve as an Honourable Representative or Imperial Justice during their tenure.

SUBSECTION I: ROLE
  1. The Founder is primarily responsible for maintaining order and stability within Aukumnia in situations of emergency.

SUBSECTION II: POWERS

  1. The Founder has the power to pardon violators of the law[10].

    1. A pardon will exempt a violator of the law from punishment.

    2. Any pardon may be contested by a motion[7] of the Chamber of Representatives, which may be initiated by any Honourable Representative. If the motion achieves a two-thirds majority, the pardon shall be struck null.

  2. The Founder may declare a State of Emergency, which shall give him the ability to exercise his emergency powers.

    1. A State of Emergency may be struck illegitimate and all actions reversed by Act of Court.

    2. A State of Emergency may only be declared in case of an invasion from foreign powers, insurgency[13], or for the purpose of restoring stability within the region.

  3. The Founder shall indisputably hold the office of Chairman of the Commission[8]
    for Aukumnian Elections.

  4. The Founder shall hold indisputable control over the "Aukumnian Founder" nation.

SUBSECTION III: EMERGENCY POWERS

  1. During a State of Emergency, civil liberties may be curbed or restricted as the authorities may see fit for the purpose of restoring order and stability in the region.

  2. During a State of Emergency declared on the grounds of an invasion from foreign powers, institutions of government[3] may not be abolished.

    1. In this situation, all powers of the executive[5] shall be centralised around the Founder and an appointed emergency council.

    2. The Founder and this council shall hold the power to ban citizens[4] who are not in the Imperial Court of Justice, moderate the server freely, and exercise any power over the region on the NationStates site.

    3. All elections may be suspended during this time.

    4. The Court of Justice may override this State of Emergency upon unanimous consensus.

    5. This State of Emergency may only last for two weeks. The Chamber of Representatives may extend it with a two-thirds majority.

    During a State of Emergency declared on the grounds of an insurgency[13] or restoring stability to the region, institutions of government[3] may be abolished, with exception to the Imperial Court of Justice.

    1. In this situation, all powers of the executive shall be centralised around the Founder and an appointed emergency council.

    2. The Founder and this council shall hold the power to ban citizens[4] who are not in the Imperial Court of Justice, moderate the server freely, and exercise any power over the region on the NationStates site.

    3. The Founder may dissolve or reconvene the Chamber of Representatives.

    4. All elections may be suspended during this time.

    5. The Court of Justice may not override this State of Emergency.

    6. This State of Emergency may only last for two weeks. Once the State of Emergency is over, all the institutions shall be restored and fresh elections shall be held.

SUBSECTION IV: REQUIREMENTS AND SELECTION

  1. For any person to assume, hold, or run for the office of Founder, they must be a citizen[4] of Aukumnia and must have been in the region for a period of one month.

  2. The Founder shall serve until resignation.

    1. In the case of resignation, the Founder shall choose a successor to fill the position of Founder.

    2. If no successor is declared, then a public election will be held[9].

  3. The Founder may not be a member of a political party.

SUBSECTION I: ROLE AND STRUCTURE
  1. The Commission for Aukumnian Elections, additionally titled as the CAE, shall be the body responsible for the management and oversight of Aukumnian elections[10].

  2. The Commission for Aukumnian Elections is led by the Chairman of the Commission.

    1. The Chairman of the Commission shall be the Founder; However, they may delegate their Chairman authority to a Deputy.

  3. The Chairman of the Commission for Aukumnian Elections must have at least two Deputy Chairmen.

    1. The Deputy Chairmen must consist of persons from more than one political party or affiliation. Independent status counts as an affiliation.

    2. The Deputies' primary job is to provide oversight to the Chairman to maintain the sanctity of electoral management and ensure that no laws[10] are being violated.

  4. The Chairman of the Commission for Aukumnian Elections may also, but is not obligated to, appoint additional staff members within the Commission.

  5. If the Chairman of the Commission is a member of the election, then the Deputy Chairmen shall oversee the election.

SUBSECTION II: REQUIREMENTS

  1. All members of the Commission for Aukumnian Elections must be citizens[4].

SUBSECTION I: ROLE AND STRUCTURE
  1. The Chamber of Representatives, additionally titled as the Chamber, shall be the body responsible for the creation of laws[10] binding the structure of government[3] and civilian conduct within Aukumnia.

  2. The Chamber of Representatives shall consist of Honourable Representatives.

    1. The number of Honourable Representatives each term shall be two-thirds the number of candidates for the election of that term.

  3. The Speaker of the Chamber shall be the head of the Chamber of Representatives and will be responsible for its oversight.

    1. The Speaker of the Chamber shall be elected from amongst the Honourable Representatives at the beginning of the Chamber of Representative's term.

    2. The Speaker of the Chamber must be an Honourable Representative.

SUBSECTION II: POWERS

  1. The Chamber of Representatives shall have all legislative[6] authority vested in them.

  2. The Chamber of Representatives shall have the power to overturn Executive Directives[2] establishing governmental[3] control over a region or nation on NationStates.

  3. The Chamber of Representatives shall have the power to overturn an executive veto[7][11].

  4. The Chamber of Representatives shall have the power to overturn a pardon[7][12].

  5. The Chamber of Representatives shall have the power to vote out a sitting member of the executive branch[5] via a vote of no-confidence.

    1. A vote of no-confidence shall require a two-thirds majority of the Chamber of Representatives.

    2. A motion for a vote of no-confidence may be initiated by any Honourable Representative.

  6. Laws[10] that apply punishment to offenders of crimes listed in bills[12] retroactively, nor laws that apply punishment without the due process under the Imperial Court of Justice they are entitled to, are strictly prohibited from introduction and passage in the Chamber of Representatives.

SUBSECTION III: PROCEDURE

  1. The Chamber of Representatives' term shall begin with the Opening of the Chamber and end with the Dissolution of the Chamber.

  2. The Opening of the Chamber shall begin within twenty-four hours of the conclusion of the Chamber Primary Elections.

    1. Registration for the Speaker of the Chamber elections shall begin with the Opening of the Chamber.

    2. Registration for the Speaker of the Chamber elections shall be initiated by the Supreme Chancellor, or the Founder if he's absent and will last for twenty-four hours.

    3. The registration shall be open to all and only Honourable Representatives.

    4. Once the registration has concluded, an election will be proposed by the Supreme Chancellor, or the Founder, if the Chancellor is absent, and will last for twenty-four hours or until all Honourable Representatives have voted.

    5. Whichever candidate receives the most votes will become Speaker of the Chamber.

    6. If there is a tie, all tied candidates will be proposed to a further election until a Speaker is chosen.

  3. The Dissolution of the Chamber shall occur twenty-four hours prior to the beginning of the Chamber Primary Elections.

    1. All Honourable Representatives shall lose their seat.

    2. Any queued bills[12] shall be transferred to the docket of the next Speaker of the Chamber.

  4. Any Honourable Representative may challenge the Speaker of the Chamber's office.

    1. If an Honourable Representative challenges the Speaker of the Chamber's office, a Chamber vote shall be put forward by the sitting Speaker of the Chamber– or in his absence, the Supreme Chancellor– between the challenger and the sitting Speaker.

    2. If the challenger receives more votes than the Speaker, they shall become the sitting Speaker of the Chamber.

  5. The Speaker of the Chamber shall have the responsibility to:

    1. Maintain a list of all queued legislation[11] in the order that it was proposed.

    2. Propose legislation, treaties, and motions to the Chamber of Representatives and move it through its legally-mandated stages on-time.

    3. Moderate all conversation and debate within the Chamber of Representatives and maintain the maturity and serious nature of the Chamber.

    4. Ensure that as many Honourable Representative as possible vote.

  6. The Speaker of the Chamber shall have the power to:

    1. Move legislation and treaties through their legally-mandated procedure.

    2. Silence Honourable Representatives for a brief period of time should they become unruly within the Chamber of Representatives.

    3. Propose a motion to reduce the debate time of a bill[12] by any amount of time, which must pass with a two-thirds majority approval of the Chamber of Representatives.

    4. Propose a motion to extend the debate time of a bill by up to twenty-four hours, which must pass with a one-half majority approval of the Chamber of Representatives.

    5. Table a bill that is in debate, which may be contested by a one-half majority of the Chamber of Representatives. The bill must be brought back to the Chamber within seventy-two hours.

  7. In the absence of the Speaker of the Chamber, the Supreme Chancellor, or in his absence, any Cabinet member, shall take over the job of the Speaker of the Chamber. However, the Speaker may delegate his responsibilities to another Honourable Representative if he so desires. If the Speaker is absent for more than seventy-hours without officially declaring a Leave of Absence, a Chamber Speaker election will be held.

  8. All Honourable Representatives shall have the responsibility to:

    1. Vote in all votes that take place in the Chamber of Representatives.

    2. Express all concerns regarding anything at debate within the Chamber of Representatives.

  9. All Honourable Representatives shall have the power to:

    1. Propose a motion to overturn a Supreme Chancellor's veto, which shall require a two-thirds majority approval of the Chamber of Representatives to go into effect.

    2. Propose a motion to overturn a pardon, which shall require a two-thirds majority approval of the Chamber of Representatives to go into effect.

    3. Propose a motion to overturn Executive Directives[2] establishing governmental[3] control over a region or nation on NationStates, which shall require a one-half majority approval of the Chamber of Representatives to go into effect.

    4. Propose a motion to overturn Executive Directives creating or dissolving any body under the executive branch or applying/removing power to/from any executive body, which shall require a one-half majority approval of the Chamber of Representatives.

    5. Propose a motion to overturn a revokement of citizenship by the executive branch[5], which shall require a one-half majority approval of the Chamber of Representatives to go into effect.

    6. Propose a no-confidence vote of any member of the executive branch, which shall require a two-thirds majority no-confidence of the Chamber of Representatives to go into effect.

      1. In passage, that member of the executive branch will lose their seat.

  10. All bills[12] shall abide by the following set procedure:

    1. The Speaker of the Chamber shall propose a bill from the queue to debate once there is no legislation[11] in debate. This proposal will initiate the debate stage.

    2. The author(s) of the bill must be given access to the Chamber of Representatives for the period of time that their bill is in debate. Should any amendments be made to the bill, they must announce[19] it to the Chamber.

    3. Once twenty-four hours of debate have passed, which may be shortened by motion of Speaker, the bill shall go to vote. This will initiate the voting stage.

    4. The voting stage shall last for twenty-four hours or until all Honourable Representatives have voted. At its conclusion, the Speaker of the Chamber shall compile the votes and declare if the bill has passed or failed. A passed bill, which has acquired a one-half majority, shall be considered as a law[10], and be in force.

  11. All treaties shall abide by the following set procedure:

    1. The Speaker of the Chamber shall propose the bill to debate, which shall be given by to the Speaker by the member of the executive[5] in charge of foreign affairs. This shall initiate the debate stage.

    2. The debate stage may last for as long as the Speaker of the Chamber deems necessary, but not more than twenty-four hours.

    3. The member of the executive in charge of foreign affairs shall be given access to the Chamber of Representatives for the period in which the treaty is in debate and vote. All changes made to the treaty must be announced[19] to the Chamber.

    4. Once the debate stage has concluded, the Speaker of the Chamber shall propose the treaty to vote.

    5. The voting stage shall last for twenty-four hours or until all Honourable Representatives have voted. At its conclusion, the Speaker of the Chamber shall compile the votes and declare if the treaty has passed or failed. A passed treaty, which has acquired a one-half majority, shall be officially ratified.

  12. All amendments shall abide by the following set procedure:

    1. The Speaker of the Chamber shall propose an amendment from the queue to debate once there is no legislation[11] or amendments in debate. This proposal will initiate the debate stage.

    2. The author(s) of the amendment must be given access to the Chamber of Representatives for the period of time that their bill[12] is in debate. Should any changes be made to the amendment, they must announce it to the Chamber.

    3. Once twenty-four hours of debate have passed, which may be shortened by motion of Speaker, the amendment shall go to vote. This will initiate the voting stage.

    4. The voting stage shall last for twenty-four hours or until all Honourable Representatives have voted. At its conclusion, the Speaker of the Chamber shall compile the votes and declare if the amendment has passed or failed. A passed amendment, which has acquired a two-thirds majority, shall pass on to the public vote stage.

    5. Should the amendment get a one-half majority approval in the public vote, it shall be considered as in force, and its amendments shall be made to the Constitution.

  13. All motions shall abide by the following set procedure:

    1. The Speaker of the Chamber or Honourable Representative which initiated the motion shall propose it directly to the Chamber of Representatives when there is an open chamber to vote in.

    2. The motion shall proceed until it achieves a necessary majority.

    3. All Honourable Representatives which are online during the vote are required to cast their vote, however, those who do not will not be penalised.

SUBSECTION IV: REQUIREMENTS AND SELECTION

  1. For any person to assume, run for, or hold office as an Honourable Representative, they must be a citizen[4] of Aukumnia.

  2. The Chamber of Representatives shall be re-elected once a month.

  3. No Honourable Representative may hold or assume office as Supreme Chancellor or Imperial Justice during their tenure.


SUBSECTION I: ROLE AND STRUCTURE
  1. The Imperial Court of Justice shall be the highest Court in Aukumnia and the primary judicial body within the region.

  2. The Imperial Court of Justice shall consist of three members, who shall be referred to as Imperial Justices.

  3. All Imperial Justices shall be appointed by the Supreme Chancellor and shall serve until impeachment or resignation.

    1. All appointments shall require two-thirds majority approval of the Chamber of Representatives to be confirmed.

SUBSECTION II: TRIAL AND COURT PROCEDURE

  1. The "Order of Court Presidence" shall be the legal order by which the presiding Imperial Justice of a Court trial is chosen.

    1. The most senior Imperial Justice within the Imperial Court of Justice shall be the first individual in the Order of Court Presidence, followed by the second most senior, and so on.

    2. If an Imperial Justice in the order is unwilling or unable to preside over the case, it shall go to the next senior member and this process will continue until an Imperial Justice is found who is willing to preside.

      1. If an Imperial Justice is offline or inactive for a period of twelve hours or more, they shall be considered unable to preside over the case.

      2. If an Imperial Justice is on a declared period of leave, they shall be considered unable to preside over the case.

  2. If all Imperial Justices are unwilling to preside over a case, the Supreme Chancellor shall choose an Interim Justice to preside over the case and issue the final verdict.

    1. The Interim Justice shall require two-thirds approval of the Chamber.

    2. The Interim Justice shall be recused of duty following the conclusion of the trial and issuance of the verdict.

  3. After a charge has been filed by a citizen[4] of the Aukumnian Imperium and a Presiding Justice has been chosen, the trial will begin in the Court with the Presiding Justice summoning the prosecution[16]. If the plaintiff[14] in the case is not a Public Attorney, the Presiding Justice shall ask the plaintiff if they have representation, will represent themselves, or would like to be assigned a Public Attorney.

    1. If the plaintiff states that they have representation, the individual representing the plaintiff will be given access to the discord[4] channel in which the trial is taking place and they will be asked to make their opening statements and present relevant evidence.

    2. If the plaintiff states that they would like to be assigned a Public Attorney, the head of the relevant government[3] body assigned the Office of Public Attorneys shall assign a Public Attorney to the case. Once a Public Attorney is assigned, which must occur within twenty-four hours, the Public Attorney will converse with the plaintiff on the case and make their opening statements and present relevant evidence.

    3. If the plaintiff states that they would like to represent themselves in trial, that individual will be asked to make their opening statements and present evidence for their claims.

  4. Once the opening statements have occurred and the evidence has been presented, the defendant[15] within the case will be summoned. The Presiding Justice will first ask the defendant if they plead guilty or not guilty to the accusations at hand. If the defendant pleads guilty, the trial will end and the Imperial Court of Justice will come to a decision. If the defendant pleads not guilty, the Presiding Justice will ask the defendant if they have representation, will represent themselves, or would like to be assigned a Public Attorney.

    1. If the defendant states they have representation, the individual representing the defendant will be given access to the discord[4] channel in which the trial is taking place and will be asked to make their opening statements and present relevant evidence.

    2. If the defendant states that they would like to be assigned a Public Attorney, the head of the relevant Ministry or Department assigned the Office of Public Attorneys shall assign a Public Attorney to the case. Once a Public Attorney is assigned, which must occur within twenty-four hours, the Public Attorney will converse with the plaintiff[14] on the case and make their opening statements and present relevant evidence.

    3. If the defendant states that they would like to represent themselves, the defendant will be asked to make their opening statements and present relevant evidence.

  5. Once both sides have made their opening statements, the Presiding Justice will give both the opportunity to rebuttal and make counter statements until both sides are unwilling or all points have been covered.

  6. The Presiding Justice, at the request of the plaintiff or the defendant, has the authority to call any individual to testify in the trial regarding the case.

    1. Any member of the trial, including an individual brought to testify, may be questioned by the plaintiff and/or the defendant.

  7. The Presiding Justice may find any member of the case in Contempt of the Court for unruly conduct within trial.

    1. An individual found in Contempt of the Court may not participate in Court proceedings anymore within that trial.

  8. If a trial has multiple the defendants, those defendants will be required to find a single individual to represent them or to request a Public Attorney to represent them as a whole.

  9. All members of a trial must be required to take the Oath of Truth prior to testifying before the Court.

    1. The Oath of Truth shall be as follows:

        "I swear that the evidence that I shall give, shall be the truth, the whole truth and nothing but the truth."

    2. Violation of the Oath of Truth shall be illegal.

  10. The Imperial Court of Justice may table a Court case to attend to a more important trial with a two-thirds majority consensus of the Imperial Justices.

    1. If a Court case is tabled, it must be reattended to after the more important case has been handled.

  11. In the circumstance that a trial contains government classified[3] information, the Presiding Justice may opt to have a private trial.

    1. A secondary Court channel must be created for a private trial.

    2. Once the trial has concluded and the verdict issued, a transcript shall be privately made of the trial, which shall be stored in the server database channel. The channel in which the trial took place shall be promptly deleted following the private trial.

    3. All members of the trial shall be given access to the classified information relevant to the trial. All members of the trial must be informed of the consequences of disclosing classified information to any unauthorized individual(s).

  12. The Imperial Court of Justice has the power to declassify classified information or order the disclosure of any hidden or private information with a two-thirds majority consensus of the Imperial Justices.

  13. In the case that the defendant[15] or plaintiff[14] departs the region mid-trial, a mistrial shall automatically be declared.

    1. A two-thirds majority of the Imperial Justices may rule to continue the trial in absentia[18].

    2. If a mistrial is declared due to the departure of the defendant, then a retrial shall occur the moment the defendant returns to the Aukumnian Imperium.

    3. If the defendant goes inactive for more than forty-eight hours, then a mistrial shall be declared and a retrial shall occur upon the moment of return.

  14. A Court decision in a trial must always be made with the consensus of two-thirds of the Imperial Justices.

    1. At the end of a trial, the full verdict will be released, which will contain:

      1. The details of the case, including all members of the trial and their role in it.

      2. The background of the case.

      3. The full Court verdict and a small summary, containing whether the verdict was guilty or not guilty and the punishment faced if it was guilty.

    2. If two Imperial Justices are on governmental leave a single Imperial Justice may decide the verdict in the case.

    3. Any Court verdict may be appealed a single time.

      1. A Court verdict may only be appealed within a six-month period.

      2. In the case of a Court verdict being appealed, the appealing citizen shall stand before Court and testify their reasoning.

      3. The Court shall deliberate among themselves and with a two-thirds majority consensus amongst the Imperial Justices may a decision be overturned or altered.

  15. In the case that an Imperial Justice is charged, they shall face a modified decision-making procedure.

    1. The trial shall occur in the same manner that a standard trial occurs.

      1. The selected Jury shall consist of seven Aukumnian citizens.

      2. The members of the Jury shall be chosen by the Founder.

      3. The Jury shall decide whether the defendant[15] is guilty or not guilty, a decision which shall require a one-half majority consensus.

      4. A private jury channel shall be created for jury deliberation.

    2. Rather than the Imperial Court of Justice fully issuing the final verdict, a Jury shall be selected at the very beginning of a trial.

    3. The Presiding Justice shall issue the punishment.

      1. The Imperial Court of Justice may not issue a warning more than once to the same Imperial Justice.

  16. The Imperial Court of Justice may overturn any law[10] passed by the Chamber of Representative or any legislation[11] in debate or vote with a two-thirds majority consensus of the Imperial Justices, if determined unconstitutional.

    1. An overturn may be challenged by any citizen.

    2. The overturn may be repealed by the Imperial Court of Justice with a two-thirds majority consensus of the Imperial Justices.

SUBSECTION III: REQUIREMENTS AND SELECTION

  1. Nominee Imperial Justices seeking confirmation must be first approved by the incumbent Supreme Chancellor before being required to be subject to a hearing in the Chamber of Representatives.

  2. All prospective and approved Justices must consent to being subjected to a hearing chaired by the acting Speaker of the Chamber with the presence of the rest of the Chamber of Representatives.

    1. During the hearing in the Chamber of Representatives, all acting members of the Chamber are entitled to ask any questions relevant to the prospective Justice’s qualification and ability to serve on the court.

      1. Discretion as to what is and isn’t relevant belongs to the Speaker of the Chamber.

      2. The prospective Justice is required to answer any and all inquiries forwarded by the Chamber of Representatives in this hearing.

  3. Imperial Justices may not be a member of a political party or organisation.

  4. An Imperial Justice may not serve as an Honourable Representative or Supreme Chancellor during their tenure.

SUBSECTION I: PRIMARY ELECTIONS
  1. Primary Chamber elections shall end on the fourteenth of every month.

  2. The registration for the elections shall begin one week prior to the primary elections.

    1. All law-abiding[9] citizens shall be allowed to register.

    2. All registrations by law-abiding citizens must be accepted if they meet the required format.

    3. The Commission for Aukumnian Elections may establish a set registration format as long as it doesn't require any political or ideological affirmations.

  3. The election shall begin forty-eight hours prior to the fourteenth and shall last until forty-eight hours have passed.

    1. The election shall be done using the preferential system and shall have five ranks to rank candidates in.

    2. If the election has four or fewer candidates, the elections shall be done in first-past-the-post.

    3. The Commission for Aukumnian Elections may include additional questions within the election, though may not make them mandatory unless they are governmentally[3] mandated.

  4. Both the election and the registration must be publicly announced[19].

SUBSECTION II: BY-ELECTIONS

  1. In the case of the resignation of one or more Honourable Representatives within the Chamber of Representatives, a by-election shall be held.

  2. The by-election shall end ninety-six hours following the resignation of the first Honourable Representative looking to be replaced.

  3. The registration shall begin immediately after the resignation of the first Honourable Representative looking to be replaced.

    1. All law-abiding[9] citizens shall be allowed to register.

    2. All registrations by law-abiding citizens must be accepted if they meet the required format.

    3. The Commission for Aukumnian Elections may establish a set registration format as long as it doesn't require any political or ideological affirmations.

    The election shall begin forty-eight hours prior to the end date and shall last until forty-eight hours have passed.

    1. The election shall be done using the preferential system and shall have five ranks to rank candidates in.

    2. If the election has four or fewer candidates, the elections shall be done in first-past-the-post.

    3. The Commission for Aukumnian Elections may include additional questions within the election, though may not make them mandatory unless they are governmentally[3] mandated.

  4. Both the election and the registration must be publicly announced.

  5. If the resignation is within eight days of a Chamber Primary Election, a by-election shall not be held.

SUBSECTION I: PRIMARY ELECTIONS
  1. Primary Chancellery elections shall end on the first of every month.

  2. The registration for the elections shall begin one week prior to the primary elections.

    1. All law-abiding[9] citizens shall be allowed to register.

    2. All registrations by law-abiding citizens must be accepted if they meet the required format.

    3. The Commission for Aukumnian Elections may establish a set registration format as long as it doesn't require any political or ideological affirmations.

  3. The election shall begin forty-eight hours prior to the first and shall last until forty-eight hours have passed.

    1. The election shall be done using the preferential system and shall have three ranks to rank candidates in.

    2. If the election has three or fewer candidates, the elections shall be done in first-past-the-post.

    3. The Commission for Aukumnian Elections may include additional questions within the election, though may not make them mandatory unless they are governmentally[3] mandated.

  4. Both the election and the registration must be publicly announced[19].

SUBSECTION II: EMERGENCY ELECTIONS

  1. In the case of the resignation of the Supreme Chancellor with no legal successors willing to take the office, an Emergency Chancellery Election shall be held.

  2. The Emergency Election shall end ninety-six hours following the resignation of the Supreme Chancellor looking to be replaced.

  3. The registration shall begin immediately after the resignation of the Supreme Chancellor looking to be replaced.

    1. All law-abiding[9] citizens shall be allowed to register.

    2. All registrations by law-abiding citizens must be accepted if they meet the required format.

    3. The Commission for Aukumnian Elections may establish a set registration format as long as it doesn't require any political or ideological affirmations.

    The election shall begin forty-eight hours prior to the end date and shall last until forty-eight hours have passed.

    1. The election shall be done using the preferential system and shall have five ranks to rank candidates in.

    2. If the election has four or fewer candidates, the elections shall be done in first-past-the-post.

    3. The Commission for Aukumnian Elections may include additional questions within the election, though may not make them mandatory unless they are governmentally[3] mandated.

  4. Both the election and the registration must be publicly annouced.

  5. If the resignation is within four days of a Chancellery Primary Election, the election not be held.

SUBSECTION I: FOUNDER ELECTIONS
  1. In the case of the resignation or impeachment of the Founder without a designated successor, Founder elections shall be held.

  2. The registration for the elections shall begin at the point of resignation or impeachment and shall last forty-eight hours.

    1. All law-abiding[9] citizens who have been in the region for more than a month shall be allowed to register.

    2. All registrations by law-abiding citizens who have been in the region for more than a month must be accepted if they meet the required format.

  3. The election shall begin forty-eight hours prior to the first and shall last until forty-eight hours have passed.

    1. The election shall be done using the first-past-the-post system.

    2. If the election has a single candidate, then that candidate shall automatically become Founder.

  4. Both the election and the registration must be publicly announced[19].

  5. The election must be done on the NationStates site using the poll feature.

    1. Only members of the region shall be allowed to vote.

  1. All citizens shall be allowed to register new political parties.

  2. The Commission for Aukumnian Elections may place restrictions on party registration.

    1. The Commission for Aukumnian Elections may not place any ideological restrictions on party registration.

    2. The Commission for Aukumnian Elections must announce[19] all party registration restrictions.

  3. The Commission for Aukumnian Elections may place restrictions on existing groups and parties.

    1. All restrictions must apply to all existing groups and parties equally.

    2. The Commission for Aukumnian Elections may disband groups and parties who violate any single rule or regulation two times or more.

      1. The party must have received at least one warning for the violation

    3. The Chairman of the Commission for Aukumnian Elections may be charged and brought to trial for a misenforcement of CAE rules and regulations.

  1. Following the ratification of the Constitution, no legal document may be considered higher.

  2. All laws[10] or regulations contradicting anything within this Constitution may be struck unconstitutional and thus null by the Imperial Court of Justice.

  1. Any Articles I through VI, sections, subsections, clauses, subclauses, or parts may be amended or removed and any articles, sections, subsections, clauses, subclauses, and parts may be added by the Chamber of Representatives through the set amendment procedure.

  2. Article VI, Section III may be edited without the amendment process to include any definitions established by the Imperial Court of Justice.

    1. Definitions established by the Imperial Court of Justice may not be amended by the Chamber of Representatives.

  3. Edits to aesthetic style, additions in the form of citations or notes, and corrections to typos may be made without amendment procedure.

  1. "Sovereignty" is defined as jurisdiction[2] over oneself in the context of individual rights or in the context of a government's governance of its own territory. It may also be used synonymously with governmental control.

  2. "Jurisdiction" is defined as authority to make legal decisions or judgements [over something].

  3. "Government" is defined as all bodies within the executive, legislative, and judicial branch.

  4. "Official Aukumnian Discord" is defined as the discord server in which most Aukumnian governmental operations take place.

  5. "Executive branch" is defined as the branch or section of government responsible for carrying out and executing the laws of the Aukumnian Imperium.

  6. "Legislative branch" is defined as the branch or section of government responsible for the creation and passage of laws within the Aukumnian Imperium.

  7. "Judicial branch" is defined as the branch or section of government responsible for the interpretation of laws, often as they pertain to its violaters, within the Aukumnian Imperium.

  8. "Site conduct rules" is defined as the section of the NationStates site rules regarding the posting and transfer of content.

  9. "Law-abiding" is defined as being within the bounds of all passed laws.

    1. In regard to individuals, in some cases only specific laws or crimes will make an individual not law-abiding as it pertains to certain rights.

  10. "Law" is defined as any legislation or bills passed by the Chamber of Representatives or regulations legally passed by any other bodies.

  11. "Legislation" is defined as any proposed laws which either did not pass, have not been voted on, or are in the process of voting.

  12. "Bill" is defined synonymously with "legislation".

  13. "Insurgency" is defined as any domestic attack on the sovereignty of Aukumnia or the stability of the Imperium.

  14. "Plaintiff" is defined as the individual who initially filed charges in a Court case against another person.

  15. "Defendant" is defined as the individual(s) who are being accused of a crime or violation in a Court case.

  16. "Prosecution" is defined as the collective of individuals participating in a trial on the side of the Plaintiff.

  17. "Defence" in a trial context is defined as the collective of individuals participating in a trial on the side of the Defendant.

  18. "Absentia" is defined as a situation in which one side of the trial or the other is absent from the trial or Aukumnia.

  19. "Announce" is defined as placing a relevant piece of information in a channel in which pertinent individuals may view it.

Written by Xadrya, contributed to by Ar, Prozera, Hugh, Dukna, Algerburg, Red, Jeb, Shmeckle, Trev, and Winston. Do not reproduce in style or content without explicit permission from Xadrya.

The Republic of Xadrius

Edited:

RawReport