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by The Democratikan Founder of Union of Dimonian Socialist Republics. . 157 reads.

The Democratikan Constitution [archived]



CONSTITUTION OF THE DEMOCRATIKA

Notice
This version of the Democratikan Constitution is out of date. It is maintained here for archival and sentimental purposes only. For an up-to-date copy, please contact the Home Office.
Opening Statement
This document is the official, main, but not sole, document of recognized laws within The Democratika. It also recognizes the role The Socialist Syndicalist Union played in the writing of a previous document which this constitution takes inspiration from. Let it be known that any names or titles currently used for officials or government systems will not be used as this constitution refers to the structures of both current and future administrations. The goal of this Constitution and the goal of every Democratikan is the protection, maintenance, and growth of, the Region's three tenets of Democracy, Security, and equality under the laws.

Section 1 - The Rights of Nations

Article 1 - All Democratikans and nations found within Regional Territory are equal under the laws of The Democratika and will be considered innocent until proven guilty by whatever methods a legislative body or a Regional Council finds appropriate.

Article 2 - All Democratikans and nations found within Regional Territory hold the right to free speech and the ability to protest.

Article 3 -Hate speech is not protected under

Article 2. Hate speech refers to any speech referring to the degradation of any group of peoples or any speech calling for the extermination of a certain group.

Article 4 - All citizens have the initial right to run and vote in regional elections. However, restrictions may be placed such as World Assembly membership or verification of identity as to curb efforts of voter fraud.

Article 5- No citizen can be turned away from candidacy or voting, except for the following reasons: being a raider not sanctioned by the region, attempting voter fraud, or colluding with a hostile foreign power.


Section 2 - The Executive Branch of Government

Article 1 - The executive branch of government, in whatever form it may take, is the first and foremost branch of The Democratika. In a state of emergency, in which the other branches of government are not able to fulfill their responsibilities due to stagnation, low population, or takeover by hostile foreign powers, the executive branch of government is able to take full control of regional affairs.

Article 2 - The executive branch of government will be comprised of The Founder and an undefined number of Executive Members.

Article 3 - The executive branch of government is in charge of inter-regional affairs and implementing any changes decided upon to the NationStates regional page and any other area currently under this branch's jurisdiction.

Article 4 - Under the pretence that the region is under critical threat of collapsing, elections can be suspended by a unanimous vote of the executive branch.

Article 5 - Under the pretence that The Founder account is taken by a hostile foreign power, it is imperative that it is taken back by the natives of the region. If it is not possible to retake The Founder account, natives to The Democratika are explicitly advised to maintain an asymmetric warfare movement within the region, as well as refound the region under any name which remembers the heritage of the citizens. This Constitution must also apply to such a region as a template to be revised and built upon.


Section 3 - The Legislative Branch of Government

Article 1 - The legislative branch of government is in charge of proposing, voting on, and implementing laws within the region.

Article 2 - The legislative branch in its current form is comprised of a caucus of three(3) Members of Parliament with votes being held every six(6) months for all Members of Parliament.

Article 3 - Parliament is to add one(1) Member of Parliament every time the region grows by at least twenty(20) members, the baseline for this is set at 120 citizens.

Article 4 - Members of Parliament have the right and duty to shadow members of the executive branch of government to stay up to date with happenings within the region, however, cannot discuss potential votes or legislative proposals with members of the executive branch in private.

Article 5 - If collusion between members of the executive branch and legislative branches are found, this is to be handled as a crime and separate trials are to be held for all parties involved.


Section 4 - Elections

Article 1 - It does not matter in what manner an election be held or how many within The Democratika, however, elections must be present for at least one branch of the government unless the region is in a state of emergency.

Article 2 - Elections officially begin with at least a work week (5 days) of campaign time for candidates. At least two(2) days should be allocated to the opening and closing of the ballot.

Article 3 - Elections are to be free, fair, and open to the public. Citizens are allowed to change their vote at any time prior to the closing of the ballot.

Article 4 - Citizens have the right to ask for an update on the progression of the election and for information on all candidates. However, citizens do not have the right to see who voted and for whom.


Section 5 - Additions, Amendments, and the Striking of Articles of the Constitution

Article 1 - So long as the legislative branch of the government is active, the responsibility of maintaining, amending, and adding to The Constitution is bestowed upon it.

Article 2 - Official amendments will be considered legal proposals to Parliament if they are written in the style of The Constitution and hold only official language of decorum.

Article 3 - Official language of decorum is defined as: any written paragraph or sentence which does not hold profanity, is written in the style of The Constitution, holds no comedic tones, and is respectful of The Democratika and everyone found within its territories.

Article 4 - All additions, amendments, and striking of clauses are to become official by a simple majority vote for sections, and a 2/3 majority for articles, with anything more serious requiring a unanimous vote.


Section 6 - Crimes

Article 1 - All political parties are banned in The Democratika. Any elections held within the region, including ones pertaining to inter-regional alliances, will have candidates run as independents. Any collusion between candidates is considered illegal.

Article 2 - Any raiders not sanctioned by the region are hereby declared outlaws and have their citizenships revoked.

Article 3 - All hate speech is hereby considered illegal. Refer to section 1, article 3 for a legal definition of hate speech.

Article 4 - If impeachment of an official is considered necessary by any citizen of the region, a proposal to any branch of the government or all for an investigation can be given. If the concern is found valid, an investigation of the official is to be executed.

Article 5 - If an impeachment investigation finds evidence for the impeachment of the official, articles of impeachment are to be written stating all crimes by said official and given to all branches of government to vote on.

Article 6 - If all branches of government are active and bring back a majority vote in favour of impeachment, the official will be impeached. If only one branch of government is active, a 2/3 vote in favour of impeachment is needed. If the region is under a state of emergency, the executive branch is to hold a unanimous vote in favour of impeachment.


Section 7 - Citizenship and Protections

Article 1 - A citizen is hereby considered any nation which currently resides within the region (special circumstances not included), is the main account of said member of the region, and has a presence on the Democratikan Discord Server (henceforth referred to as the DDS).

Article 2 - All individuals with a presence in The Democratika who find their rights infringed upon within the region by any other individual or a governmental entity have the right to take said individual or governmental entity to court.

Article 3 - Expatriates are guaranteed the right to seek asylum within Democratikan territory.

Article 4 - The regional government reserves the right to revoke any citizen's right and any expatriate's right to citizenship if found that said citizen or ex-patriot has violated the laws of the region.

Article 5 - If a citizen or expatriate finds their rights violated by another region which The Democratika is in an inter-regional alliance with, The Democratika reserves the right to retaliate equal to such a violation in an effort to protect a citizen's rights.

Article 6 - Any region wishing to seek asylum after a raid has the right to temporary residency. The regional government has the right to give permanent residency as well as expel anyone who does not follow regional laws. Regional refugees can also appeal to the regional government for countermeasures, but no assurances of said countermeasures can be given. Appeals will be considered on a case by case basis.

Article 7 - A Permanent Resident is anyone who holds a puppet in the region but not a main account, or wishes to reside permanently in the DDS but does not have a nation in the region.

Article 8 - Democratikan Citizens and Permanent Residents all have the permanent right of abode in the Democratika and the DDS.

Article 9 - If a Democratikan Citizen or Permanent Resident is found to be in active affiliation with a raider group, their right of abode may be revoked by the Executive Branch.

Article 10 - Permanent right of abode may also be granted to citizens of regions in an interregional federation/union with the Democratika. The Executive Branch may also grant an individual permanent right of abode after a majority vote, without them being a Citizen or Permanent Resident.


Section 8 - The Three Founders Clause

Article 1 - Every new territory is to be under the jurisdiction of a new founder or body of equal power. At the writing of The Constitution there are three territories: The NationStates Territory, The Discord Territory, and The Website Territory. Election or appointment of a founder is to be decided by a case by case basis by the governing body of the time.

Article 2 - Any Founder accused and persecuted for impeachment will lose all privileges in all territories they do not preside over. If the founder does not hold the NationStates territory, they are to relinquish their power to a new founder.

Article 3 - All founders are seen as equal to anyone else within the region under the law, and are to be persecuted in the same manner as anyone else accused and convicted of a crime in the region.


Section 9 - Legally and Non-legally Binding Referendums

Article 1 - If a vote of either the Executive or Legislative Branch is tied and the tie is not resolved internally, a legally-binding referendum must be held.

Article 2 - The results of legally-binding referendums are to be respected by both branches of government and no party may try to influence the outcome of the referendum.

Article 3 - Legally-binding referendums must take the form of a poll conducted via an external service such as Google Forms, and citizens must verify their identities before voting.

Article 4 - The Executive and Legislative Branches must also issue referendums after a petition from 5% or more of the regional population, be they legally binding or not.

Article 5 - Non-legally binding referendums may be issued by both the Executive and Legislative branches at any time, provided that there is not a legally-binding referendum being held at the same time.

Article 6 - Non-legally binding referendums may be used to collect public opinions about a policy change, public opinion on the administration, and other miscellaneous matters.

Article 7 - Non-legally binding referendums may take the form of a NationStates poll, a Discord message with reactions, a poll conducted via an external service, or any other form deemed fit.

Article 8 - The government is under no obligation to institute any kind of policy change after a non-legally binding referendum.

Article 9 - Legally-binding referendums may also be called whenever the Executive or Legislative branch deems it appropriate, given that it has the support of over half of the members of said branch.

Article 10 - The government is obliged to respect the outcome of a legally-binding referendum.

Article 11 - Members of both branches of government with the exception of the NationStates founder may be impeached through a legally binding referendum.

Article 12 - Referendums may be suspended during a state of emergency.

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