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Constitution Drafting
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Wintermoot
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  • Well, this is it folks...we've discussed each of the individual topics and have concrete proposals that we're even basing portions of government on. Now it's time to put all those proposals in legalese and put them in a single document. I've taken the liberty of going ahead and placing an outline. We just need people to write the actual sections!



    The Fundamental Laws of Wintreath

    We, the Citizens of Wintreath, united under the banner of his most Nordic Majesty Inric I, do hereby enact and consecrate these Fundamental Laws with the aim of creating a sovereign, independent, and free community of nations welcome to all and born upon the principles of liberty, equality, freedom, and compassion.

    The Storting

    1. The legislative and judicial authorities and duties of Wintreath shall be vested in a bicameral legislature called the Storting, which shall consist of a lower chamber called the Underhusen and an upper chamber called the Overhusen.

    The Underhusen
    2. The Underhusen shall be comprised of no less than four and no more than seven skrifa elected by the Citizens of Wintreath. The exact number of skrifa shall be determined by the Underhusen prior to Underhusen elections opening. Should the number of candidates not exceed the determined number of skifa, all candidates shall be considered elected by default.

    3. Underhusen elections shall begin on the first day of the months of February, April, June, August, October, and December. Skrifa shall be elected by plurality vote. In the event of a tie between two or more candidates, a run-off vote shall be conducted to resolve the tie vote. If a vacancy occurs in the Underhusen, a special election to fill the vacancy shall be held within seven days of the vacancy being created unless there are fewer than twenty-one days remaining in the Underhusen's term.

    4. Upon the conclusion of the election, the Monarch shall appoint a winning candidate to preside over the Underhusen, who shall be responsible for ensuring procedural rules established by the Underhusen are followed.

    The Overhusen
    5. The Overhusen shall be comprised of no less than three and no more than five peers appointed by the Monarch of Wintreath, who shall also determine the exact number of peers during each session.

    6. The Monarch shall announce his or her appointments to the Overhusen at the conclusion of elections for the Underhusen. The Monarch shall at the same time also appoint a Chairperson of the Overhusen, who shall execute the procedural rules established by the Overhusen. In the event of a vacancy, the Monarch shall have the authority to appoint a new peer to fill the vacancy.

    The Legislative Process

    7. All legislation shall be initially introduced only in the Underhusen.

    8. The Overhusen shall vote to pass or veto the legislation upon passage by the Underhusen. The Overhusen shall not amend legislation in any way.

    9. Should the Overhusen veto any legislation, the legislation may be reintroduced in the Underhusen for the purposes of either revising the proposal or overriding the veto. The Underhusen may overturn a veto by a two-thirds supermajority vote.

    Authorities and Duties of the Storting

    10. The Storting shall have the authority to pass legislation, repeal previously passed legislation, propose amendments to these Fundamental Laws, and take any other action deemed necessary and proper to execute the authorities and duties vested in the Storting by these Fundamental Laws.

    11. Each chamber of the Storting shall have the authority to create and revise their own procedural rules.

    12. The Storting shall have the authorty to declare war upon another region or organization.

    13. The Storting shall have the authority to ratify or reject treaties with other regions or organizations.

    14. Each chamber of the Storting shall have the authority to issue non-binding resolutions expressing the sense of their chamber in relation to all matters.

    15. The Storting shall have the authority to interpret these Fundamental Laws and statutory laws and consider the constitutionality over laws brought before the Storting, determine rulings and verdicts in regard to violations of these laws, and determine punishments for violations of these laws within the parameters of these Fundamental Laws and any other laws.

    16. The Storting shall have the authority to issue advisory opinions on matters of constitutionality and legality to anyone whom the Storting has determined has standing to seek an advisory opinion.

    17. The Storting shall have the authority to create and revise the rules of judicial proceedings.

    The Monarchy
    1. All Executive authorities and duties shall be vested in the Monarch of Wintreath.

    2. The Monarch shall have the authority to delegate Executive powers and duties to subordinate officials and to create subordinate offices at his or her discretion.

    3. The Monarch shall have the authority to determine the line of succession and to appoint his or her own successor. In the event that the Monarch takes a leave of absence or has been absent without taking leave for 72 hours, this person shall assume the Executive authorities and duties as Regent of Wintreath until the return of the Monarch.

    4. The Monarch shall serve as Commander-in-Chief all military forces based in Wintreath.

    5. The Monarch shall have the authority to serve as World Assembly Delegate of Wintreath or to delegate the authority to a subordinate official.

    6 The Monarch shall have the authority to issue decrees in relation to all matters. The Storting shall have the authority to amend or repeal any decree.

    7. The Monarch shall regularly inform the Storting regarding the state of the region in the form of an address.

    Justice
    1. Upon the filing and acceptance of cases within the Storting, the Monarch shall select at random a Peer of the Overhusen and two Skrifa of the Underhusen to serve as judges. The Peer shall serve as Chief Judge, and the Skrifa shall serve as Associate Judges.

    2. All trials and cases shall proceed along the procedures established by the Storting.

    Elections
    1. Only Citizens of Wintreath shall be eligible to vote in elections, stand for elected office, or assume any elected office. The Monarch may not stand for or assume any elected office.

    2. Elections shall be overseen by the Monarch or the Monarch's designee. No person shall oversee an election in which they are running.

    3. In election of government officials or referendums, Citizens shall have the option to post their vote publicly or to send their vote to the person overseeing the election via private message.

    Declaration of Rights
    1. Citizens shall have the right to speak and to protest freely.

    2. Citizens shall have the right to be informed of the reasoning behind any decision to revoke their Citizenship, and shall have the right to appeal that decision.

    3. Citizens shall have the right to a fair trail.

    4. Citizens shall have the right to manage their nations without interference, except for caps placed on the number of World Assembly endorsements for the protection of the legal Delegate.

    5. Citizens shall have the right to petition for a redress of any perceived grievances.

    6. Citizens shall not be required to join the World Assembly or to participate in any inter or extra-regional bodies.

    7. Citizens shall have the right to stand for any elected government offices for which they qualify and to vote in any regional elections.

    Administration
    1. The Winter Nomad shall be regarded as the Founder of Wintreath, and shall hold root administrator status on all official off-site Wintreath properties.

    2. The Winter Nomad shall have the sole authority to appoint subordinate administrative officials on any official Wintreath property, and invest in them any administrative powers as he or she believes is necessary.

    3. The Winter Nomad shall hold this position until he or she resigns from it. Upon resignation, The Winter Nomad shall have the authority to appoint his or her own successor, and shall hand the root administrator accounts for all Wintreath properties to the successor upon them taking possession of The Winter Nomad,  unless the root administrator is tied to a personal account used outside of NationStates.

    4. The Winter Nomad and all subordinate administrative officials shall be responsible for protecting Wintreath properties from any content which is illegal or otherwise violates the terms of service of the provider of the Wintreath property. Actions taken under this responsibility shall supersede the Declaration of Rights.

    5. The Winter Nomad and all subordinate administrative officials shall also be responsible for the maintenance, organization, security, and technological development of all official Wintreath properties. No government official shall be empowered to make decisions in any of these areas.

    Constitutional Amendments
    1. No section under Administration may be amended without the consent of The Winter Nomad.

    2. The Storting shall have the authority to propose amendments to the Constitution by a two-thirds supermajority vote of both the Underhusen and Overhusen.

    3. Any Constitutional Amendment proposed by the Storting shall be considered ratified if approved by both the Monarch and by a two-thirds supermajority of the Citizens of Wintreath voting at referendum.
    1 person likes this post: Ans_Kylfin
    « Last Edit: December 15, 2013, 07:13:38 AM by Wintermoot »


    I went all the way to Cassadega to commune with the dead
    They said "You'd better look alive"
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    Chanku
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  • 1. Elections shall be held Every 2 months, and terms shall begin on the 8th day of the month in which the term ends.
    2. The Overhusen shall be appointed by the The Winter Nomad during this time, and they shall take office on the same day
    3. Elections are only valid if by a Citizen of Wintreath falling under stature of the current laws governing citizenship.
    4. The seats of the next underhusen shall be determined before the Elections begin.

    This is all I have for Elections, unless someone wishes to create better ones.

    Edit: Changed Monarch to The Winter Nomad is section 2
    « Last Edit: December 09, 2013, 03:51:44 AM by Chanku »
    See you later space cowboy.
    Old Signature

     
    Current Positions in Wintreath
    Matriarch of House Kaizer
    Speaker of the 29th Underhusen
    Advisor to the Riksråd
    Positions I've held
    Riksrad(1st Jarl of Information, 3rd Jarl of Foreign Affairs, 2nd Jarl of Defense)
    Member of the WHR
    Speaker of the Underhusen (3rd)
    Speaker Pro Tempore of the Underhusen (1st)
    Underhusen Member (1st-3rd)
    Member of the 5th Overhusen
    Chairman of the 5th Overhusen
    6th Underhusen
    Speaker of the 6th Underhusen
    Mandate Holder for Jarl of Defense
    Member of the 8th Storting (Underhusen)
    Royalty of Wintreath
    Ambassador for the Department of Foreign Affairs.
    Underhusen Terms I've been a part of
    1st Underhusen
    2nd Underhusen
    3rd Underhusen
    6th Underhusen
    8th Underhusen
    Overhusen Terms I've been a part of
    5th Overhusen
    Families I've been a part of
    Kaizer - Matriarch (REFORMED)
    Kestar - Child of Wintermoot (REMOVED)
    Chanku
    Wintermoot
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  • In addition to placing all the specific sections we had already decided on in the proposals, I took a crack at the Administration section. I used Spiritus' constitution as a basis and added to it to make the authorities of the Founder clear. For example, technically the Government of Spiritus could pass a law dictating how the forums should be structured, since that authority isn't specifically granted to the Founder. I also broadened the scope to "properties" to cover things such as our Official Steam Group and any other presence we want to have on other websites in the future.

    Finally, I tried to look at the Monarch and Founder positions as seperate entities, one a government position and one a non-government position. As I said before, in the future it's technically possible that I could abdicate the throne, but retain the Founder position. If and when that happens, it's much better that each role be sorted out instead of lumped as one position.

    Oh yeah, I added a provision that the Administrative Amendments can't be amended without consent of the Founder. It does no good to insulate the Founder position if those provisions can be easily amended. :P



    I went all the way to Cassadega to commune with the dead
    They said "You'd better look alive"
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    Weissreich
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  • Quote
    The Fundamental Laws of Wintreath

    We, the Citizens of Wintreath, united under the banner of his most Nordic Majesty Inric I, do hereby enact and consecrate these Fundamental Laws with the aim of creating a sovereign, independent, and free community of nations welcome to all and born upon the principles of liberty, equality, freedom, and compassion.

    The Storting
    The Storting shall be a bi-cameral system with one part elected and one part nominated by the Monarch as Jarl’s. The Underhusen, or elected chamber, seats 5 members for a term of 2 months, whereupon each member is placed up for re-election. The Overhusen has as many members as there are Departments, and members sit until they resign or otherwise give up their Jarl-ship.

    The Monarchy
    The monarchy is a hereditary title embedded with the powers of Royal Prerogative. A Monarch has the power of Jarl appointment, the power of oversight in Amendment proceedings and power of oversight of legislative proceedings. This document hereby declares that the line of succession either be passed through Inric Nordrim Stark and his wife and Queen, Talwyn Azenor Stark, or altered by the decision of a resigning Monarch.

    Justice in Wintreath


    Elections
    Elections shall be run for the Underhusen, for as many candidates as receive nominations. Each candidate is required to create a platform topic outlining their campaign mission. An open vote is then held by the Monarch, with provision for private voting via Personal Message to be made. The ballot allows for 5 selections to be made by the voter. Those who recieve the most first choice votes will be elected to positions in the Underhusen.

    Declaration of Rights
    1. Citizens shall have the right to speak and to protest freely.

    2. Citizens shall have the right to be informed of the reasoning behind any decision to revoke their Citizenship, and shall have the right to appeal that decision.

    3. Citizens shall have the right to a fair trial.

    4. Citizens shall have the right to manage their nations without interference, except for caps placed on the number of World Assembly endorsements for the protection of the legal Delegate.

    5. Citizens shall have the right to petition for a redress of any perceived grievances.

    6. Citizens shall not be required to join the World Assembly or to participate in any inter or extra-regional bodies.

    7. Citizens shall have the right to stand for any elected government offices for which they qualify and to vote in any regional elections.

    Administration
    1. The Winter Nomad shall be regarded as the Founder of Wintreath, and shall hold root administrator status on all official off-site Wintreath properties.

    2. The Winter Nomad shall have the sole authority to appoint subordinate administrative officials on any official Wintreath property, and invest in them any administrative powers as he or she believes is necessary.

    3. The Winter Nomad shall hold this position until he or she resigns from it. Upon resignation, The Winter Nomad shall have the authority to appoint his or her own successor, and shall hand the root administrator accounts for all Wintreath properties to the successor upon them taking possession of The Winter Nomad,  unless the root administrator is tied to a personal account used outside of NationStates.

    4. The Winter Nomad and all subordinate administrative officials shall be responsible for protecting Wintreath properties from any content which is illegal or otherwise violates the terms of service of the provider of the Wintreath property. Actions taken under this responsibility shall supersede the Declaration of Rights.

    5. The Winter Nomad and all subordinate administrative officials shall also be responsible for the maintenance, organization, security, and technological development of all official Wintreath properties. No government official shall be empowered to make decisions in any of these areas.

    Constitutional Amendments
    1. No section under Administration may be amended without the consent of The Winter Nomad.

    I've left a few areas blank still, but that's my proposal.
    Duke Klause Edíl-Astos Meindhert
    Archivist Academic


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    Drexyl Nox
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  • Declaration of rights
    6. Nox has the right to fish of all kinds.
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    Wintermoot
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  • @Chanku - I've added your contributions to the draft!

    @Weissreich - I appreciate your contributions, but we should probably have the entire document in the same format. :P

    @Nox - I think that's such an unquestionable right that nobody would violate it even if we don't put it in the Fundamental Laws. ;)


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    They said "You'd better look alive"
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  • @Weissreich - I appreciate your contributions, but we should probably have the entire document in the same format. :P

    I don't think a bullet-pointed list will work properly for the areas I wrote in. Most constitutions openly switch between them, and the American Constitution is written almost entirely in prose.
    Duke Klause Edíl-Astos Meindhert
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  • Ok, so since this was lagging, I finished drafting the rest of the articles. :P

    It probably needs some edits, though.


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  • If there's no objections/requests for modification within 48 hours, I'll take it to mean everyone's ok with the draft as is and send it to a vote.


    I went all the way to Cassadega to commune with the dead
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  • Didn't have a decent thumbs up reaction image so I'll just use this picture of Mao from my Snapchat timeline.
    1 person likes this post: Dawsinian
    Charax
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    Wintermoot
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  • As promised, this matter is now at a vote here: http://wintreath.com/forums/index.php?topic=312
    1 person likes this post: Dawsinian


    I went all the way to Cassadega to commune with the dead
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