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DispatchBulletinPolicy

by The Republic of Democratized Peoples. . 172 reads.

Fourth Constitution of Thaecia Act, As Amended

Authors: Democratized Peoples
Sponsors: Democratized Peoples

In order to enact a new Constitution and amendments to laws to enable the new Constitution;

Congress hereby agrees to the following:

Section I - The Constitution of Thaecia shall be amended to read the following:

FOURTH CONSTITUTION OF THAECIA


Article I - Supremacy and Amendments
  • Section I - This Constitution is the supreme law of Thaecia, and any law or government action inconsistent with the provisions of this Constitution is, to the extent of the inconsistency, of no force and effect.

  • Section II - Amendments to this Constitution may only be passed with a 2/3rds majority in each Chamber of Congress and the approval of the citizenry with a 3/5ths majority vote in a referendum.


Article II - Rights
  • Section I - All Thaecian Citizens are guaranteed the following rights without government interference;

    • The right to freedom of expression, opinion, and speech, insofar as this right is not exercised in a way that breaches NS rules;

    • The right to free association; this includes the right to form or join a political group or media organization;

    • The right to seek legal redress from government actions, including through votes of no confidence and the courts;

    • The right to stand for all offices elected by the whole citizenry;

    • The right to vote in elections and referendums unless they became a Citizen during the election or referendum they wish to vote in;

    • The right to be presumed innocent until proven guilty in a court of law;

    • The right to due process of law in all interactions with the government of Thaecia;

    • The right to representation in a court of law;

    • The right to a free, speedy, and fair trial;

    • The right to personal privacy;

    • The right to protection from ex post facto laws and bills of attainder.

  • Section II - This Constitution guarantees the rights set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.

Article III - The Executive Branch
  • Section I - The Government shall be composed of the President, the Prime Minister, and Cabinet Ministers, the latter of which shall be referred to as Ministers for the purposes of this Constitution.

  • Section II - The President shall serve as the Head of State and World Assembly Delegate of Thaecia.

    • Sub-section I - There may be a Vice President serving at the pleasure of the President elected on a ticket with the President or confirmed through a simple majority vote in a referendum.

    • Sub-section II - If the President is unable to assume the position of the World Assembly Delegate, they must select a Vice President who shall serve as World Assembly Delegate.

    • Sub-section III - If a candidate for President is a WA-waivered Citizen, they must run on a ticket with a Vice President holding World Assembly membership.

    • Sub-section IV - If the position of President is vacant the Vice President shall become the President. A further line of succession may be provided for by law.

  • Section III - The Prime Minister shall serve as the Head of Government of Thaecia and shall be charged with the faithful execution of the laws of the same.

    • Sub-section I - The Prime Minister shall have the powers to sign or veto laws passed by Congress, present interregional treaties for ratification by a simple majority of the Senate, and appoint Ministers.

    • Sub-section II - A Prime Ministerial veto may be overridden by a motion approved with a 2/3rds majority of both Chambers of Congress.

    • Sub-section III - There may be a Deputy Prime Minster serving at the pleasure of the Prime Minister elected on a ticket with the Prime Minister or confirmed through a simple majority vote in a referendum.

    • Sub-section IV - If the position of Prime Minister is vacant the Deputy Prime Minister shall become the Prime Minister. A further line of succession may be provided for by law.

  • Section IV - The powers of the Prime Minister may be delegated to Ministries which shall either be created by law, or at the Prime Minister’s discretion.

    • Sub-section I - Citizens nominated for the position of Minister by the Prime Minister must be confirmed by a simple majority vote in the Senate.

    • Sub-section II - Ministers may be dismissed from their position by the Prime Minister or through a motion approved by a simple majority of the Senate.

    • Sub-section III - Unless otherwise specified in law, all Ministers are removed at the conclusion of a Prime Ministerial term.

  • Section V - Upon being elected, the Prime Minister shall, at the commencement of their term, nominate a Minister in charge of Foreign Affairs, a Minister in charge of Domestic Affairs, and a Minister in charge of Legal Affairs.

  • Section VI - If the President, the Prime Minister, and a 2/3rds majority of Ministers agree; the President or Prime Minister may ban a Citizen posing a significant risk to the sovereignty of Thaecia; any bans made under this section are subject to immediate judicial review to determine the legality of the decision.


Article IV - The Legislative Branch
  • Section I - The legislative branch of government shall be known as Congress, consisting of two individual chambers, and shall have the power to create laws for the peace, order, and good government of Thaecia.

    • Sub-section I - The lower chamber shall be known as the House of Commons and it and shall contain no less than seven Members of Parliament.

    • Sub-section II- The upper chamber shall be known as the Senate and it shall contain no less than five Senators.

  • Section II - Either chamber may be expanded or reduced by a motion passed with a 2/3rds majority in each chamber and the approval of the citizenry with a 3/5ths majority vote in a referendum.

  • Section III - Each chamber shall, by simple majority vote, elect a member of the chamber to lead their respective chamber during their legislative tenure. Further procedures for the election of a chamber leader may be provided for by law.

    • Sub-section I - Each chamber leader shall have the power to set the docket for their respective chamber, manage debate, call and administer votes, and maintain decorum and may delegate this authority to other members at the discretion of the chamber leader.

    • Sub-section II - If at least 1/3rd of the seated members of a chamber sponsor a motion of no confidence against a chamber leader or if the chamber leader puts one to vote, all business shall be stopped and the Electoral Commissioner shall preside over debate and voting on the motion.

    • Sub-section III - If the motion of no confidence passes with simple majority support, the chamber leader shall be immediately removed and elections for a new chamber leader shall commence.

    • Sub-section IV - Motions of no confidence may specify a new chamber leader who would be elected if the motion is passed, if a motion specifying a new chamber leader is passed, no election shall take place and the specified chamber leader shall take office immediately.

    • Sub-section V - If a motion of no confidence vote fails, for the next 15 days in the case of the House of Commons or 30 days in the case of the Senate, at least 1/2 of the seated members of a chamber must sponsor a motion of no confidence in order for the motion to be considered.

  • Section IV - In order for a bill to become law, it needs to have passed each chamber with a simple majority vote and attain the signature of the Prime Minister.

    • Sub-section I - If the Prime Minister has neither signed nor vetoed a bill within seven days of being notified of it having passed both chambers by a chamber leader, the bill shall become law.

    • Sub-section II - In order for a treaty to be ratified, it must be presented to the Senate by the Prime Minister and be ratified by the Senate with a simple majority vote.

  • Section V - In order for any vote of either chamber to pass, at least half of its members must have voted.

    • Sub-section I - Only aye, nay, abstain, and votes for chamber leader candidates shall count as votes for the purposes of this section.

  • Section VI - Each chamber shall have the authority to call a snap election for their own chamber by a motion passed with a 2/3rds majority.

  • Section VII - A simple majority shall be defined as there being more ayes than nays, or in the case of chamber leader elections, having more than half of the votes cast. A 2/3rds majority shall be defined as at least 2/3rds of the aye or nay votes cast being aye.

  • Section VIII - Congress may, by law, provide further rules and regulations on its functioning.

  • Section IX - When voting on their own nomination to any appointed office, such as Minister or Justice, a Senator or MP must abstain or not vote.


Article V - The Judicial Branch
  • Section I - The judicial branch of government shall be led by the High Court of Thaecia, composed of three Justices: the Chief Justice and two Associate Justices.

    • Sub-section I - The three Justices shall elect one of themselves to serve as the Chief Justice of Thaecia.

    • Sub-section II - If a Justice is unable to hear a case for any reason, including conflict of interest, or being unavailable, a Deputy Justice shall be chosen by the remaining Justices to hear the case in their stead.

  • Section II - Other courts may be established by law to serve in the judicial branch of government, but the High Court of Thaecia shall remain the court of final appeal and its rulings shall be binding to all other courts.

  • Section III - The President shall nominate Justices and Deputy Justices of the High Court and Judges of all lower courts, nominated Citizens require confirmation by a simple majority vote in the House of Commons in order to serve.

  • Section IV - The Chief and Associate Justices shall serve for terms of 180 days, Deputy Justices shall serve until removal or resignation.

  • Section V - Section V - Any court established by law may hear criminal cases and legal reviews.

    • Sub-section I - Only the High Court may hear legal reviews involving Constitutional questions and cases on appeal from lower courts.

  • Section VI - Any court established by law may, at their discretion, accept or reject a case application by majority vote.

    • Sub-section I - If a court rejects a case application it shall provide a public reasoning explaining the court's decision as soon as practicable.

  • Section VII - In any case heard, a judgement shall be reached by majority vote and delivered as soon as possible.

    • Sub-section I - Any dissenting judgements, if delivering them alongside the majority judgement would be impractical or lead to unreasonable delay, may be delivered separately.


Article VI - Removal and Recall
  • Section I - A mechanism to recall one or more members of Congress shall be provided for by law.

  • Section II - Congress may, by a motion passed with a 2/3rds majority in each chamber, remove the President, Vice President, Prime Minister, Deputy Prime Minister a Justice, a Deputy Justice, or the Electoral Commissioner from their office for a specified cause.

    • Sub-section I - A motion of removal shall be debated and voted upon if at least 1/3rd of the seated members of a chamber sponsor a motion of removal against one or more eligible officeholders or if the chamber leader choses to do so.

    • Sub-section II - If a motion of removal vote fails, for the next 14 days at least 2/3rds of the seated members of a chamber must sponsor a motion of removal against the same officeholder in order for the motion to be considered.


Article VII - Citizenship
  • Section I - To be granted legal status as a Citizen, a resident of Thaecia must be in the World Assembly.

    • Sub-section I - The requirement to be in the World Assembly shall be waived if the resident can prove to the President, the Prime Minister, or the Minister in charge of Domestic Affairs that their World Assembly nation resides elsewhere and they have a non-WA puppet in Thaecia.

  • Section II - No individual may have more than one nation holding Citizenship.

    • Sub-section I - If the President, the Prime Minister, the Chief Justice, and a 2/3rds majority of Ministers agree; the President or Prime Minister may revoke an individual's Citizenship if the individual has multiple nations holding Citizenship; any revocations made under this sub-section are subject to immediate judicial review to determine the legality of the decision.

  • Section III - Citizenship is a requirement for holding the offices of President, Vice President, Prime Minister, Deputy Prime Minister, Minister, Senator, Member of Parliament, Chief or Associate Justice, Deputy Justice, and Electoral Commissioner.


Article VIII - Elections and Referendums
  • Section I - Elections among the whole citizenry shall be held for both Chambers of Congress, the Prime Minister, and the Presidency.

  • Section II - Scheduled elections for the House of Commons shall be held approximately every 60 days and elections for the President, the Prime Minister, and the Senate shall be held approximately every 120 days.

    • Sub-section I - The term of any elected office shall end when a successor is duly elected in a scheduled election.

  • Section III - Elections for the Presidency and the Prime Minister shall use the instant-runoff voting system, and elections for both Chambers of Congress shall use the single transferable vote system.

  • Section IV - Should an elected office become vacant and without a legal successor for reasons other than expiration of term, a snap election shall be held to fill the vacant seat for the remainder of its regular term.

    • Sub-section I - Offices established by this Constitution may be vacated through expiration of term, a removal procedure established by this Constitution, or resignation.

    • Sub-section II - If a vacancy arises 21 days before a scheduled election for the vacant position, a snap election shall not be held.

  • Section V - The Electoral Commission, led by an Electoral Commissioner appointed by the President and confirmed by a simple majority vote in the House of Commons, shall be given the task of organising elections and referendums as called for by this Constitution and the laws of Thaecia.

    • Sub-section I - Additional regulations for the Electoral Commission and election procedure may be established by law.

Section I - Article V Section III Sub-section IV of LR049 shall be amended to read the following:
IV. As per Article II, Section III of the Constitution, sShould a candidate receive a simple majority of the votes cast in their respective chamber, that candidate shall assume the vacant position at vote. If no candidate receives a simple majority, a runoff shall be held between the two candidates with the most votes, should that runoff tie, the candidate that got the most votes in the first round of voting shall win, if that does not produce one winner, the runoff process shall be repeated until a winner is produced.

Section II - Article I Section I of LR045 shall be amended to read the following:
Section I - During any time that the office of the Presidency is vacant, the following list shows the order in which another office can take overIf the offices of the President and the Vice President are vacant, the following shall be the line of succession for the office of the President:

    1. Prime Minister
    2. Vice President, in the event where the outgoing President is a World Assembly waivered citizen
    2. Minister tasked with Foreign Affairs
    3. Minister tasked with Domestic Affairs
    4. Minister tasked with Legal Affairs

Section III - Article II Section I of LR045 shall be amended to read the following:
Section I - During any time that the office of the Prime Ministry is vacant, the following list shows the order in which another office can take overIf the offices of the Prime Minister and Deputy Prime Minister are vacant, the following shall be the line of succession for the office of the Prime Minister:

    1. President
    2. Minister tasked with Foreign Affairs
    3. Minister tasked with Domestic Affairs
    4. Minister tasked with Legal Affairs

Section IV - The following Article shall be added to LR045:
Article V - Official of Last Resort and Exemptions
Section I - If there is no successor to the offices of President or Prime Minster, the Chief Justice shall take over.
Section II - While serving in a position under this act, any position restrictions shall be waived.

Section V - Article I Section II of LR051 shall be amended to the following:
Section II - The leaders of the House of Commons and the Senate shall be as follows: of a legislative chamber shall be as per the Constitution:

    1. The Chairperson of the Senate
    2. The Speaker of the House of Commons

Section VI - LR009 shall be amended to read the following, preserving the preamble:
Article 1 - Congressional Recall
Section I - The people may, by a petition signed by a number of Citizens totaling at least 1/3rd the number of votes in the last regularly scheduled House of Commons election or 20, whichever is higher, start a recall referendum on one or more members of either Chamber of Congress.
Section II - If a qualifying petition naming an eligible individual or chamber is presented to the Electoral Commissioner, the Electoral Commissioner shall start a referendum on the individual or individuals named in the petition continuing to hold office as soon as possible.
Section III - If a 3/5ths of voters choose to recall the subject of the petition they shall immediately lose office and a snap election for the vacated positions shall be held unless stated otherwise in the Constitution.

Section VII - Article IV of LR044 shall be amended to read the following:
1. The following sentences may be handed down by the Courts as limited by law. The only Court that may issue a ban from the Thaecia region shall be the High Court.
a) Temporary, or permanent bans/ejection from any regional property;
b) Removal from office;
c) Warnings;
d) Public apology;
e) Probation;
f) Post moderation.

Section VIII - Article IX Section 4 of LR044 shall be amended to read the following:
4. The following shall be designated as Infractions:
Spamming, Violation of A Contract;
For Infractions, the Statute of Limitations is 10 days, and punishments may be issued up to a warning, unless it is a repeat offense, in which case punishments may be issued up to a two (2) week ban.

Section IX - LR031 is repealed.

Section X - To remove Article I, Section IV from L.R. 049:
Section IV - If the Electoral Commissioner is suspected of breaking Thaecian laws, mismanaged an election, or abused their position to guarantee a particular outcome in an election, they may be liable to impeachment by Congress.

I. In order to impeach the Electoral Commissioner, an Article(s) of Impeachment, in the form of a piece of legislation, must be approved by a two thirds majority vote in the House of Commons, followed by a two thirds majority vote in the Senate. Following the votes in Congress, the Electoral Commissioner shall then be sent to an official trial before the High Court. The House of Commons may also hold a vote to send its own representative to argue in favour of the impeachment before the court, with the representative not needing to be a Member of Parliament himself. If the House of Commons does not choose a representative, it shall be the duty of the Justice Ministry to provide for a state attorney to argue in favour of the impeachment before the court. If the court rules in favour of the impeachment, The Deputy Election Commissioner shall serve as the Acting Commissioner until a new Electoral Commissioner has been confirmed by the House of Commons.

II. If an Electoral Commissioner has been successfully impeached and removed from office, they may not be nominated to the position again.

Section I - Article II of this act shall not come into effect unless and until the referendum amending the Constitution triggered by Article I passes.
Section II - This act requires a 2/3rds majority to pass, and as such may not be vetoed.

The Republic of Democratized Peoples

Edited:

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