by Max Barry

Latest Forum Topics

Advertisement

3

DispatchFactbookInternational

by The Greater Hindu Empire of Sattwikstan. . 64 reads.

The Constitution of the Hive

Constitution of the Hive

Preamble -

'We, the citizens of the Hive, having solemnly resolved to constitute the Hive into a Sovereign Constitutional Monarchy, created in the spirit of Democracy and Liberty, and to secure to all its citizens, Justice, Liberty, Equality and Fraternity, in our Drafting Committee, this (date of ratification), do hereby adopt, enact and give to ourselves this Constitution.'

Section I - Structure of the Hive

Article 1 - The Hive is a Constitutional Monarchy with the King of the Hive as the head of state and the Prime Minister as the head of government.

Article 2 - The Founder is declared the King of the Hive at the time of the ratification of this Constitution.

Article 3 - The King of the Hiveís position will in general be ceremonial with exceptions.

Article 4 - The King of the Hive is the Manager of the Hiveís discord server.

Article 5 - There are three branches of the Government of the Hive - the executive, the legislature and the judiciary.

Section II - The Executive

Article 6 - The King of the Hive is the official and ceremonial head of the Executive with the Prime Minister as second-in-hand.

Article 7 - The Prime Minister is the real head of the Executive.

Article 8 - The Prime Minister is the sole authority in appointing the Cabinet, distributing portfolios among the ministers and removing them.

Article 9 - The positions of the voting member to the United Regions Alliance and the Consultant to the URA are controlled by the Foreign Ministry and are held by officers appointed by it.

Section III - The Legislature

Article 10 - The Legislature of the Hive consists of all the citizens of the Hive.

Article 11 - The Legislature passes laws and Constitutional Amendments with a simple majority, after which the Prime Minister will officially accept the Legislation, putting it into effect.

Article 12 - Bills passed by the Legislature may be sent back to the Legislature for reconsideration by the Prime Minister, who may temporarily delay accepting the bill
passed by the Legislature in this case for this special purpose.

Article 13 - A bill sent back to the Legislature for reconsideration must be again passed by a simple majority in the Legislature. If a bill sent back to the Legislature for reconsideration is once again passed by the Legislature with a simple majority, the Prime Minister cannot send back the bill for reconsideration for a second time.

Article 14 - If the Prime Minister feels that piece of legislation passed by the Legislature is unconstitutional, the Prime Minister may officially ask the judiciary to consider whether the Legislation is legal or not. In that case, the Prime Ministerís acceptance of the bill is delayed till the judiciary makes its declaration on the Legislation. If the judiciary finds the Legislation illegal, the Legislation will be nullified. If the judiciary finds the Legislation legal, the Prime Minister may accept the bill or send it back to the Legislature for reconsideration, unless he has already sent the bill back to the Legislature for reconsideration once.

Article 15 - The Prime Minister may issue ordinances or decrees at any time to immediately put into effect a law or any other change. However, such ordinances can be nullified by the legislature by a simple majority.

Article 16 - There is no position of Speaker at the time of commencement of this Constitution, but such a position may be created later.

Article 17 - The duration of official polls is defined as 24 hours for ordinary bills and 48 hours for Constitutional Amendments.

Article 18 - Anyone purposefully creating disordering parliamentary debates or processes will be prosecuted by the judiciary.

Section IV - The Judiciary

Article 19 - The Judiciary consists of two judges.

Article 20 - The two judges are elected by the citizens of the Hive in an election where the two people with the highest and the second highest number of votes
become the two judges.

Article 21 - Any citizen may call for the impeachment of a judge, in which case, the King of the Hive will conduct an investigation into the matter and look into the
facts and evidence. At the end of his investigation, the King of the Hive will publicly declare his findings, enlighten the public on the matter and give his
opinion on the matter. But the impeachment motion on the judge will anyways occur in the Legislature irrespective of the King of the Hiveís opinion and the judge will anyways be impeached if the Impeachment Motion is passed with a simple majority in the Legislature.

Article 22 - If the King of the Hive is unable to investigate, due to being busy or any other reason, a committee will be formed to investigate consisting of the other judge, the Prime Minister and a neutral citizen elected by the Legislature. The final decision of the committee will be taken by a simple majority vote among the three.

Article 23 - The judiciary is allowed the free right of judicial review. However, the judiciary may invalidate or modify a bill or amendment only if valid complaints lodged against it and it is found to be in direct violation of the Constitution. Also, an amendment may provide for an exception from another part of the Constitution.

Article 24 - Whenever a case is submitted to the Judiciary, if both the judges are not engaged in any other case at that time then the judge who responds first to the submission of the case will handle the case.

Article 25 - If any one judge disengaged in any other case at the time of the submission of the case, the other judge not engaged in any other case will automatically be given the responsibility to handle the case.

Article 26 - In case, both the judges are engaged in any other cases, the judge who first gets relieved of his ongoing case is given the responsibility to handle the newly submitted case.

Article 27 - Someone accused of a crime is not guilty unless convicted of the crime by the judiciary.

Article 28 - Someone who has been convicted of a crime by the judiciary can appeal against it only if new evidence comes up, which must be confirmed by a report from the Home Ministry, or if the judge who heard the case has been replaced as judge. Other citizens may also appeal against the judgement given in a personís trial, but only under the same conditions as listed above.

Article 29 - If such an appeal is made, the new judge who has replaced the previous judge who heard the original case will hear the appeal. Also, if such an appeal is made, the person remains convicted of the crime unless the judiciary finds him not guilty.

Article 30 - A judiciary can pursue a case only if a complaint has been filed against the accused by a citizen or the government.

Section V - Citizenship

Article 31 - All residents of the Hive automatically get the citizenship of the Hive.

Article 31A - Members of the Hive's discord server who are not active on NationStates or do not have a nation in the Hive can also get citizenship of the Hive if they want.

Article 32 - Exceptions are nations who enter the region during a State of Crisis called due to a raid on the Hive. In that case, the citizenship will be given after the nation is verified as not being a raider.

Article 33 - Ejection of a citizen is a matter upon which the King of the Hive and the Judiciary must hold mutual agreement to happen. The Judiciary holds the trial of any citizen accused of any crime and if the citizen is sentenced ejection by the Judiciary, it must also be agreed upon by the King of the Hive to happen.

Section VI - Rights of the Citizen

Article 34 - The Constitution provides certain rights to each and every citizen of the Hive. These are listed below.

Article 35 - The Right to Freedom of Speech and Expression is guaranteed to each citizen of the Hive.

Article 36 - The Right to Freedom of Beliefs is guaranteed to each citizen of the Hive.

Article 37 - Hateful ideologies like Nazism, religious fundamentalism and ideas supporting terrorism are exceptions to the Right to Freedom of Beliefs and the Right to Freedom of Speech and Expression.

Article 38 - The Right to Freedom of Religion is guaranteed to each citizen of the Hive.

Article 39 - The Right Against Discrimination is guaranteed to each citizen of the Hive.

Article 40 - The Right to Residence and Movement is guaranteed to each citizen of the Hive. This guarantees that in normal circumstances, anyone can enter or exit the region.

Article 41 - The Right to Constitutional Remedies is guaranteed to each citizen of the Hive. This guarantees that any citizen of the Hive can appeal to the judiciary in case oneís rights are violated.

Section VII - Government Transparency

Article 42 - The Government may provide Transparency reports in scheduled intervals, informing the public about all important things that happened involving the region and what the Government was doing during the interval. A small report may be provided weekly and a report on the whole month should be provided monthly. This is optional.

Article 43 - Internal government discussions, debates and planning regarding doing something in the future are exempted from transparency.

Section VIII - General Elections

Article 44 - General Elections are held every 90 days in the region. Whichever party, coalition (pre-poll or post-poll) or independent candidate has more than 50%of the total votes polled gets to form the Government.

Article 45 - The Prime Minister can be removed from his/her office at any time by a no-confidence motion among the citizens that will require at least more than 50% of the votes polled, including the abstained votes, in favour to be passed. In such a case where a no-confidence motion is successfully passed, the Prime Minister must immediately resign and the procedure for a new General Election must immediately begin.

Article 46 - In case, a no-confidence motion is successfully passed, the Cabinet also must officially resign along with the Prime Minister. However, the rest of the Cabinet excluding the removed Prime Minister continue to function as caretaker Cabinet until the new General Elections are finished and a new Prime Minister is elected, when the caretaker Cabinet will be stripped of all powers.

Section IX - State of Crisis

Article 47 - The State of Crisis is a special situation in which the region is allowed to deviate from its normal procedure of functioning.

Article 48 - There are four different types of States of Crisis, depending upon the cause.

Article 49 - The region will enter a State of Crisis if the Prime Ministerís nation ceases to exist or the Prime Minister resigns or is removed, in which case the procedure for new General Elections must immediately start, and the procedures as per listed in Articles 33 and 34 will be followed. Such a State of Crisis lasts until a new Prime Minister is elected.

Article 50 - The region will enter a State of Crisis if the King of the Hiveís nation ceases to exist. In such a case, the World Assembly Delegate will temporarily take over the duties of the King of the Hive and assume the title of the Regent of the Hive. Such a State of Crisis will last till the return of the King of the Hive.

Article 51 - The region will fall under a State of Crisis in case of external aggression, raid or imminent threat of foreign aggression or raid.

Article 52 - Such a State of Crisis will have to be called by the King of the Hive.

Article 53 - During such a State of Crisis, the rights of the citizens will remain temporarily suspended and the King of the Hive will temporarily gain control of all powers. The King/Regent can make temporary laws or rules during a State of Crisis caused by foreign aggression which will cause all powers to go to the King/Regent. Such laws and rules may even be exempted from the Constitution since all power will temporarily be in the hands of the King/Regent. However, those laws and rules will be immediately nullified once the State of Crisis would end since the region would return to normalcy and the King/Regent's powers to make laws and rules will be nullified.

Article 54 - Such a State of Crisis will be ended either by the King's (or Regent's if King has ceased to exist) own decision or by a simple majority vote in the legislature.

Article 55 - During such a State of Crisis, the King cannot dismiss or replace the regional elected governments or officers although they will be unable to exercise their powers indpendently without the consent of the King temporarily. The King will also be granted the power to form a committee to help him run the region during such a State of Crisis.

Article 56 - The region will also fall under a State of Crisis in case both the King of the Hive and the Prime Ministerís nations case to exist. The World Assembly Delegate will take over as Regent, temporarily controlling the Founderís powers. Elections will be held for the position of Prime Minister of the Hive, with the procedures starting immediately and the Deputy PM taking over as caretaker during the election procedures. If there's no Deputy PM, the World Assembly Delegate will takeover as caretaker.

Section X - Regional Role-play

Article 57 - Role-play will be a completely independent institution of the Hive, independent from the rest of regional politics and exempted from the powers of the regional government.

Article 58 - The role-play moderator will be the sole authority for roleplay and the role-play moderator will be the only one who has the power to relegate duties related to role-play.

Article 59 - In-character roleplay will be completely exempted from the regional laws and Constitution and will only fall under the roleplay rules made by the role-play moderator.

Article 60 - The role-play moderator's position will be a regional apolitical official position.

Article 61 - The role-play moderator can never be barred from occupying positions that otherwise may not be open for occupants of other regional offices.

Article 62 - The role-play moderator can only be removed if the role-play moderatorís nation ceases to exist, leaves the region or is impeached by the legislature by a 2/3 majority vote. In such a case, the new role-play moderator will be elected by the citizens through a referendrum. The candidate having the largest number of votes will be elected. The previous role-play moderator will be eligible for re-election.

Section XI - Treason

Article 63 - Treason is hereby defined as the crime of betraying the Hive, especially by trying to overthrow the sovereign or government through illegal methods.

Article 64 - All attempts to purposefully disrupt the functioning of the region or harm the region in any way will also be considered as treason.

Article 65 - Cooperating with any raiders or foreign aggressors in case of foreign aggression will also be considered as treason.

Article 66 - The Home Ministry will be responsible for identifying people for treason and people identified for treason will be presented before the judiciary.

Article 67 - Other citizens may also refer a person for treason to the Home Ministry.

RawReport