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by The Free Lands of Vancouvia. . 31 reads.

Old Constitution Retired 11/24/16

CONSTITUTION OF THE WESTERN ISLES

PREAMBLE

Finding the establishment of an organized form of government necessary for the success of a region, noting the significance of governments and law throughout history, and wishing to ensure and secure a prosperous future for the region, this Constitution is hereby established as the supreme law of The Western Isles.

ARTICLE I: MEMBER NATIONS

Section 1: A member nation (hereafter also "member" or "nation") shall be defined as a nation that exists on the map of the region, has been in the region for at least 24 hours, and is the primary, non-puppet nation of the player.

Section 2: Non-member nations may enter the region but are not afforded the rights of this Constitution.

ARTICLE II: EXECUTIVE BRANCH

Section 1: An executive branch consisting of the following officers and duties thereof is established. No executive officer may serve in more than one office at once, nor serve as a Senator or Justice, with the exception of the Vice President, who may fill in temporarily for a Justice during a conflict of interest or absence.

Section 2: Executive Powers
Executive officers may issue executive orders, so long as those orders do not violate the Rights of Nations and are within the scope of their office. If the nature of an order is ambiguous then the President shall decide under which executive officer's scope it falls under. Executive orders must be issued from a single office, but they may be supported by other executive officers. Any executive order can be overruled by the President. Newly elected officers can reverse or amend the orders of any of their predecessors. Executive Orders may not in any way, directly or indirectly, grant powers to, or otherwise alter the powers of, Executive Officers. Officers may informally recruit other nations to help them with their duties.

Section 3: President
The President shall be the head of state of the region. The duties of the President include:
-Leading the region through both normal operations and extraordinary crises
-Supervising the conduct of executive officers
-Determining reasonable periods of time for actions to commence
-Providing necessary services and actions for previously unforeseen matters

Section 4: Vice President
The Vice President shall assist the President in the exercise of their duties. In the event of a vacancy of the presidency, the Vice President shall assume the office of Acting President. A new election shall be held at the earliest opportunity to elect a new President. Upon the election of a new president, the Acting President shall resume their office of Vice President.
The duties of the Vice President include:
-Filling in any and all other current executive and judicial duties when necessary due to an officer's prolonged absence, conflict of interests, or other substantial difficulty or circumstance
-Serving as a liaison between the executive, legislative, and judicial branches
-Serving as Speaker of the Senate
-Selecting the Speaker Pro Tempore out of the existing senate members.

Section 5: Secretary of the Interior
The duties of the Secretary of the Interior include:
-Overseeing the regional role-play, ensuring that rules and standards are followed
-Working with members in identifying and rectifying any internal conflicts
-Arbitrating on any OOC role-play conflicts between members
-Referring members to the Constitution, active laws, role-play guidelines, and executive orders

Section 6: Secretary of the Exterior
The duties of the Secretary of the Exterior include:
-Maintaining an active recruitment program
-Presenting and deciding on any embassy requests, alliance requests, and all other foreign policy matters
-Acting as an ambassador to other regions

Section 7: Secretary of Information
The Secretary of Information is an officer position, but it is not an elected office. The President appoints the Secretary of Information. The Secretary of Information serves under the President, and may be replaced at any time. If there is no Secretary of Information, then the duties of the Secretary of Information must be fulfilled by the President. The duties of the Secretary of Information include:
-Documenting regional happenings in a dispatch, summarizing key daily events in an objective, narrative form
-Actively recording regional statistics and data, such as population growth, turnover, election results, WA membership, WA votes, and vouchers
-Communicating with other officers in an effort to record events that may not be directly noticeable
-Publishing reports that summarize the above information

Section 8: Secretary of Endorsements
The Secretary of Endorsements is an officer position, but it is not an elected office. The Founder appoints the Secretary of Endorsements, with approval from the President and majority votes from the Senate and the Supreme Court. The Secretary of Endorsements serves under the President. The duties of the Secretary of Endorsements include:
-Enforcing endorsement caps upon the region and taking other such measures to ensure no one threatens to steal the position of World Assembly Delegate from the Founder or Secretary of Endorsements
-Encouraging residents to join the World Assembly and to actively participate in its votes and discussions
-Encouraging residents to endorse the Founder and the Secretary of Endorsements
-Assuming the role of Founder and all responsibilities and duties that come with it as outlined in this constitution and regional laws should the Founder lose his Founder-ship

Section 9: The Founder is not an officer position. The Founder shall announce and publish polls for the purpose of elections, send out informative regional telegrams, update the WFE, manage the regional forums, manage and update the map and its rules*, decide whether the WA delegate is executive or non-executive, enforce and edit within reason the Regional Rules, manage the gameplay military force and its operations, provide for the defense of the region, and execute the orders of the officers. The office of Founder is, by nature, filled by Vancouvia.
*-The power to make major changes to the map and its rules is held by the Senate with the consent of the Founder or the support of 75% of The Western Isles members, and shall be implemented by the passage of law.

Section 10: Non-Executive WA Delegate
The Non-Executive Delegate is not an officer position. The Non-Executive Delegate has no authority or powers.

Section 11: Executive WA Delegate and Absence of Founder
The Executive Delegate is not an officer position. If the Founder exists, the Executive Delegate shall serve in cooperation with the Founder. If the founder does not exist, the WA delegate fills the role of the Founder. The WA delegate is at the service of the other officers. If the WA delegate acts contrary to the orders of the President and the other officers, then all effort possible should be expended in removing the WA delegate from power and installing the President or another trusted officer who will execute the orders of the President and the officers. If this effort fails, then the region should act in a manner that will best maintain the spirit of the region.

Section 12: Order of Succession
In the event of the vacancy of the presidency and vice presidency, the following order of succession shall be followed. In each case, the officer shall assume the office of Acting President. The Acting President shall appoint an Acting Vice President. Elections shall be held at the earliest opportunity to fill the office of President. Upon the election of a new president, the Acting President shall resume their former office and the Acting Vice President shall vacate their office.
-Secretary of the Interior
-Secretary of the Exterior
-Chief Justice
-Other justices by length of service on the court

ARTICLE III: JUDICIAL BRANCH

Section 1: The judicial power is vested in a Supreme Court of three justices, all with equal power and status. Justices are considered officers and may not concurrently serve in the executive or legislative branches.

Section 2: A Chief Justice shall be appointed by the President out of the justices. The Chief Justice shall serve to make the judicial process more efficient, with the duty of expediting the judicial process through the use of communication and organization. The Chief Justice also shall serve as a liaison with the regional community, fostering communication between it and the court. The court may remove a Chief Justice by majority vote, after which the President shall appoint a new Chief Justice from among the other justices.

Section 3: The Supreme Court shall:
-Act as unbiased, ethical, and moral judges
-Interpret the Constitution on any potentially ambiguous matters
-Judge the constitutionality of any proposed amendments, with power to dismiss them or make recommendation for changes
-Judge the constitutionality of any passed laws if a case is brought before the court by a member of the region, with the power to repeal the law
-Judge the constitutionality of any executive orders if a case is brought before the court by a member of the region, with the power to repeal the order
-Arbitrate on any OOC matters as requested by the parties involved

Section 4: The justices shall act as a collective unit. A majority vote is necessary for any decisions.

Section 5: In the event a justice is absent for an unreasonable time or a justice has a conflict of interest, the Vice President shall substitute for the justice until they can return to active duty, unless the Vice President is absent or has a conflict of interest, in which case the President shall appoint a non-officer to serve as a temporary justice.

Section 6: Supreme Court votes may conclude as soon as the majority required is achieved and the additional votes would be irrelevant, but every justice should be allowed reasonable time for their opinion and vote to be published before moving to a vote.

Section 7: The Supreme Court shall determine the rules of its own proceedings.

ARTICLE IV: LEGISLATIVE BRANCH

Section 1: The legislative power is vested in a group of Senators, who are elected to the Senate by member nations through a voucher system. Senators are considered officers and may not concurrently serve in the executive or judicial branches. Senators are each granted one vote per vouch they have.

Section 2: All member nations are granted a single voucher that they may use to vouch for a member. They may choose to not use their voucher or use it on a non-officer member who wishes to be a Senator. A nation may not vouch for themselves. Nations who wish to be a Senator must declare that wish to the Secretary of Information before they may receive vouchers. To use their voucher, a member must send a telegram to the Secretary of Information saying who they wish to vouch. The Secretary of Information shall record the current vouchers on a public and actively updated dispatch.

Section 3: The voucher dispatch shall be updated by the Secretary of Information only one time per week, on Sunday afternoon.

Section 4: Any member nation who has at least three vouchers is a Senator. If less than three nations have three or more vouchers, then the President shall appoint one or more Temporary Senators from the nations who wish to be Senators so that the total Temporary Senators and Senators is three. The Temporary Senators' terms expire as soon as nations receive the necessary three vouchers. Temporary Senators shall be granted three votes each.

Section 5: Any member nation may author and publish proposed laws and amendments. An amendment is defined as a change to the Constitution, while a law is defined as any other rule, regulation, or resolution not involving a change to the Constitution.

Section 6: Laws shall undergo the following process:
-A member publishes and presents a law to the Senate.
-The Senate debates the merit of the law and then votes. The law is either enacted via a simple majority vote or dismissed. If it is dismissed, the same or a similar law cannot be presented to the Senate again until a reasonable period of time has passed.

Section 7: Amendments shall undergo the following process:
-A member publishes and presents an amendment to the Senate.
-The Senate debates the merit of the amendment and then votes. The amendment is either approved via a simple majority vote or dismissed. If it is dismissed, the same or a similar amendment cannot be presented until a reasonable period of time has passed.
-If the amendment is approved, it is sent to the Supreme Court, where its constitutionality is judged. If it is Constitutional then the law is enacted. If the Court dismisses it as unconstitutional then the amendment or a similar amendment cannot be presented to the Senate again until a reasonable period of time has passed.

Section 8: Members may propose laws or amendments to repeal or alter passed laws or amendments, using the same processes outlined above.

Section 9: The Senate shall determine the rules of its own proceedings.

Section 10: The Vice President shall be the Speaker of the Senate. The Speaker shall serve to enforce the rules of the Senate, moderate the debate and voting, and facilitate the progression of the Senate docket.

Section 11: All votes require a simple majority. In the event of a tie, the Vice President shall cast a vote.

Section 12: The Speaker Pro Tempore (SPT)
The Speaker Pro Tempore will serve as the Speaker of the Senate in the absence of the Vice President
- The SPT will have the authority to exercise the Vice President's power in his capacity as Speaker of the Senate
- The SPT will serve as a liaison between members of the region and the Senate
- The SPT will be selected by the Vice President out of the existing Senate members
- The SPT will retain the position as long as they are an active senator

ARTICLE V: ELECTIONS AND CHALLENGE ELECTIONS

Section 1: Elections shall be held for the purpose of filling unoccupied executive and judicial positions.

Section 2: Challenge elections shall be held for the purpose of maintaining a fresh cycle of officers.

Section 3: An officer must resign their current position if they choose to run for another position.

Section 4: Any non-officer, who is not a Senate candidate, can challenge an officer for their position through an election. At this point any other non-officer who was not the challenger and is not a Senate candidate, can also run for the position in the same election. Challenge elections can only occur after the defending officer has spent 30 days in office, or is clearly unwilling to or incapable of fulfilling their duties as judged by the Vice President (if the defending officer is the President), the President (if the defending officer is an Executive Officer or the Chief Justice), or the Chief Justice (if the defending officer is a Justice).

Section 5: All elections occur via direct member nation vote. All non-officers, who are not Senate candidates, may run. There is no limit on the amount of candidates that may run.

Section 6: The candidate that receives the most votes will be elected to the office.

Section 7: In the event that voter fraud is discovered after an election has concluded and another nation would have been elected if the fraud did not occur, the true winner of the election will be placed into the office.

Section 8: In the event of a tie, the tied candidates will be the candidates in a new election with a shorter election period. If that election results in a tie, the President shall decide the winning candidate.

ARTICLE VI: DISMISSALS

Section 1: Any of the following processes for the dismissal of officers and/or non-officers from their office and/or the region itself, shall be used:
-A presidential order
-An order of the Supreme Court
-A Founder action, which shall only occur in straightforward matters, such as in the case of breaking the Regional Rules

Section 2: This Constitution recognizes the necessity of the process of dismissals but cautions their use. Only in the most extreme situations should an officer be dismissed from office, or a member be dismissed from the region.

Section 3: Any action that seeks to harm or does harm the majority or a significant minority of the members of the region, or the region itself, shall be considered treason and acted against appropriately depending on the severity of the offense.

ARTICLE VII: RIGHTS OF NATIONS

Section 1: The following unalienable and unalterable rights of all member nations are guaranteed. All member nations have the right:

1. To freely join the Western Isles regardless of NationStates statistics, political stance, religious persuasion, and other similar attributes.
2. To apply for office and vote in elections.
3. To have the right to a trial if requested, unless in the case of insignificant consequences should a trial result in an unfavorable outcome for the nation.
4. To have an equal voice, status, and treatment.
5. To receive equal access to regional information, regardless of topic or substance.
6. To be free from unwarranted persecution from other members.
7. To petition the government for change through the presentation of legislation.
8. To campaign politically on behalf of itself or others.
9. To freely vote in the World Assembly.

ARTICLE VIII: IN-CHARACTER AND OUT-OF-CHARACTER

Section 1: The regional government shall be an out-of-character (OOC) affair. It exists to oversee the region in NationStates.

Section 2: The regional role-play shall be an in-character (IC) affair. It exists to provide a shared-story experience for members.

Section 3: The OOC regional government does not exist in the IC role-play world and should not be mentioned therein.

ARTICLE IX: ENACTMENT

Section 1: This Constitution shall be enacted after it passes with a 3/4 majority in a regional poll.

Section 2: Following the enactment of this Constitution, all officers shall maintain their offices.

Section 3: Following the enactment of this Constitution, all amendments and laws that do not conflict with this Constitution shall remain in effect.

ARTICLE X: REPLACEMENT

Section 1: This Constitution may only be repealed and replaced following a public Constitutional Convention and a member nation vote of approval of the new Constitution of at least 3/4.

ARTICLE XI: SUSPENSION

Section 1: This Constitution may be temporarily suspended by the Founder or Executive Delegate during a major internal or external crisis for a duration of no more than 48 hours.

Section 2: A suspension cannot occur more than once within a 30 day period, unless both the Supreme Court and Senate in agreement permit an increased suspension duration of an amount of their determination, of which the Founder or Executive Delegate may choose to enact in part or in full.

Section 3: This article shall remain active during a suspension period.

CONCLUSION AND SIGNATURES

Having only the most genuine and honest intentions, for the good of the region and those that reside in it, for the betterment of our region, for the tightness of regional bonds, for the safety, happiness, freedom, and wellness of our collective nations:

We, the Western Islanders, hereby pledge our names to this document.

Laws
Formatting and Procedures Act. 7/15. REPEALED 11/15 through Senatorial Procedures Act
Speaker Pro Tempore Act. 7/15. REPEALED 11/15 through Second Constitutional Amendment Act
Reference Information Act. 7/15. REPEALED 1/16 through Repealing Outdated Legislation
Criminal Code. 7/15. REPEALED 2/16 through Consequences for Actions
Senatorial Procedures Act. 11/15. REPEALED 2/16 through Senate Procedure and Conduct
Governmental Discussion. 12/15.
Officer Accountability. 1/16. REPEALED 3/16 through Officer Accountability Revision Act
Legislation Placement. 1/16.
Repealing Outdated Legislation. 1/16.
Senate Procedure and Conduct. 2/16.
Consequences for Actions. 2/16.
Officer Accountability Revision Act. 3/16. REPEALED 9/16 through State of the Isles Act
State of the Isles Act. 9/16.

Executive Orders

Information Executive Order 1. Enacted by The Pacific Peace Union, 10/23/2015. REPEALED by Information Executive Order 2
Exterior Executive Order 1. Enacted by Wildelyn, 10/25/2015. REPEALED by Exterior Executive Order 4
Exterior Executive Order 2. Enacted by Wildelyn, 11/3/2015. REPEALED by Exterior Executive Order 4
Interior Executive Order 4. Enacted by Polar Svalbard, 12/12/2015. REPEALED by Interior Executive Order 5
Exterior Executive Order 3. Enacted by Wildeyn, 2/4/2016. REPEALED by Exterior Executive Order 4
Exterior Executive Order 5. Enacted by Taziristan, 7/4/2016. REPEALED by Exterior Executive Order 6

Presidential Executive Order 1. Enacted by Vancouvia, 7/13/2015.
Presidential Executive Order 2. Enacted by Vancouvia, 9/26/2015.
Presidential Executive Order 3. Enacted by Vancouvia, 10/10/2015.
Presidential Executive Order 4. Enacted by Vancouvia, 10/31/2015.
Presidential Executive Order 5. Enacted by Miklania, 12/21/2015.
Presidential Executive Order 6. Enacted by Polar Svalbard, 9/17/2016.

Interior Executive Order 1. Enacted by Polar Svalbard, 9/21/2015.
Interior Executive Order 2. Enacted by Polar Svalbard, 9/22/2015.
Interior Executive Order 3. Enacted by Polar Svalbard, 10/27/2015.
Interior Executive Order 5. Enacted by Polar Svalbard, 12/14/2015.
Interior Executive Order 6. Enacted by Polar Svalbard, 4/8/2016
Interior Executive Order 7. Enacted by Atnaia, 9/3/2016

Exterior Executive Order 4. Enacted by Vancouvia, 3/24/2016.
Exterior Executive Order 6. Enacted by Prioca, 11/3/2016.

Information Executive Order 2. Enacted by The Pacific Peace Union, 2/4/2016.
Information Executive Order 3. Enacted by The Pacific Peace Union, 4/18/2016.

Endorsements Executive Order 1. Enacted by Ostehaar, 8/21/2016.

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