The Second Constitutional Convention of CFN

[Jultoplex]

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THE SECOND CONSTITUTIONAL CONVENTION

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Hello! You have entered the Second Constitutional Convention of the Commonwealth of Free Nations!

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The Convention will primarily focus on drafting a new Constitution for CFN which will replace the existing Constitution. If you are unfamiliar with the existing Constitution or if you would like a look, please click here

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APPLICATION FORMS:

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Please do copy and paste the below code and fill it out completely in order to submit your suggestion. Please note that when referencing a suggestion by another nation or yourself, it is advised that you use a spoiler bbcode as to keep this thread tidy. Thank you for your cooperation.

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Format for a Constitution Proposal:

TITLE OF YOUR SUGGESTION

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The body of your suggestion. This is where you will explain what your suggestion is for, why you are proposing it, what effects it will have and why you believe it should be included in the Constitution.

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Your Name (i.e. Orveleca)
Commonwealth of Free Nations

Code: Select all

[box][align=center][b]TITLE OF YOUR SUGGESTION[/b][/align][hr][/hr]The body of your suggestion.[hr][/hr]Your Name
Commonwealth of Free Nations[/box]

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Format provided by Orveleca

[Orveleca]

I'm putting the SDA here, as it's basically a rough outline of a constitution.

SUSTAINABLE DEMOCRACY ACT

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HORRIFIED at the state of the CFN's Democracy,

FEARFUL that the region may become an oligarchy,

UNSATISFIED with proposed solutions, which bring forth tyranny of the majority and increase corruption,

HEREBY PROPOSING the Sustainable Democracy Act.

The revived government is divided into four branches; executive, legislative/judicial, judicial and popular.

Article One

Section One
The executive branch is composed of the Commonwealth Cabinet and the Office of the Chancellor of the Commonwealth. All are elected every two (2) months in an election open to all WA nations.

Section Two
The chancellor signs bills into law and has the power of veto, which may be overturned with a supermajority in parliament. He or she also brings criminals suspected by the Minister of Justice to court.

Section Three
The cabinet is an advisory council to the chancellor. There are four (4) members of cabinet, each holding specific governmental powers. The Minister of Defense commands the military. The Minister for Foreign Affairs deals with diplomacy. The Minister of the Interior supervises elections. The Minister of Justice investigates claims of criminal activity.

Article Two

Section One
The legislative/judicial branch is composed of the Commonwealth Parliament. Any WA nation in the CFN who wishes to join the parliament may do so.

Section Two
The parliament proposes bills and may vote on them. Any bill which reaches fifty percent (50%) of endorsements goes to the chancellor for approval. A bill is considered to have a supermajority when it reaches eighty percent (80%) of endorsements.

Section Three
The parliament may vote to impeach executive officers. After a supermajority is gained, that officer must resign.

Article Three

Section One
The judicial branch is composed of the Court of Justice of the Commonwealth of Free Nations.

Section Two
There are four (4) judges in the court. They are separately appointed for every case. The chancellor and Minister of Justice each appoint one (1) judge. The parliament appoints two (2).

Article Four

Section One
The popular branch is composed of all citizens of the CFN.

Section Two
If an issue proves especially controversial, it will be brought to a referendum via a regional poll.

Section Three
"Especially controversial" is defined as any issue which five (5) or more non-MP citizens request a referendum for.

Section Four
The poll will be open to all WA nations, and will consist of five (5) options; Strongly Agree, Agree, Indifferent, Disagree, and Strongly Disagree.

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Endorsed by:
Helio-hades
The Dalek Paradigm
CoalitionOfLiberated DemocraticRepublics

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Orveleca
Deputy Chancellor
Commonwealth of Free Nations

[Jultoplex]

I'm putting the SDA here, as it's basically a rough outline of a constitution.

SUSTAINABLE DEMOCRACY ACT

---

HORRIFIED at the state of the CFN's Democracy,

FEARFUL that the region may become an oligarchy,

UNSATISFIED with proposed solutions, which bring forth tyranny of the majority and increase corruption,

HEREBY PROPOSING the Sustainable Democracy Act.

The revived government is divided into four branches; executive, legislative/judicial, judicial and popular.

Article One

Section One
The executive branch is composed of the Commonwealth Cabinet and the Office of the Chancellor of the Commonwealth. All are elected every two (2) months in an election open to all WA nations.

Section Two
The chancellor signs bills into law and has the power of veto, which may be overturned with a supermajority in parliament. He or she also brings criminals suspected by the Minister of Justice to court.

Section Three
The cabinet is an advisory council to the chancellor. There are four (4) members of cabinet, each holding specific governmental powers. The Minister of Defense commands the military. The Minister for Foreign Affairs deals with diplomacy. The Minister of the Interior supervises elections. The Minister of Justice investigates claims of criminal activity.

Article Two

Section One
The legislative/judicial branch is composed of the Commonwealth Parliament. Any WA nation in the CFN who wishes to join the parliament may do so.

Section Two
The parliament proposes bills and may vote on them. Any bill which reaches fifty percent (50%) of endorsements goes to the chancellor for approval. A bill is considered to have a supermajority when it reaches eighty percent (80%) of endorsements.

Section Three
The parliament may vote to impeach executive officers. After a supermajority is gained, that officer must resign.

Article Three

Section One
The judicial branch is composed of the Court of Justice of the Commonwealth of Free Nations.

Section Two
There are four (4) judges in the court. They are separately appointed for every case. The chancellor and Minister of Justice each appoint one (1) judge. The parliament appoints two (2).

Article Four

Section One
The popular branch is composed of all citizens of the CFN.

Section Two
If an issue proves especially controversial, it will be brought to a referendum via a regional poll.

Section Three
"Especially controversial" is defined as any issue which five (5) or more non-MP citizens request a referendum for.

Section Four
The poll will be open to all WA nations, and will consist of five (5) options; Strongly Agree, Agree, Indifferent, Disagree, and Strongly Disagree.

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Endorsed by:
Helio-hades
The Dalek Paradigm
CoalitionOfLiberated DemocraticRepublics

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Orveleca
Deputy Chancellor
Commonwealth of Free Nations

With regards to Article Three, I propose a more detailed option:

An expansion on article three

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Separation of Powers, no one entity of the Government may exercise the powers of another entity at any time. However, it is established that members of the Council and Justices of the Court shall be elected and confirmed by the Parliament from within the membership of Parliament and shall be allowed to maintain all the rights and responsibilities of a member of Parliament. It is provided, however, that members of the cabinet cannot jointly serve as a Justice of the Court or vice versa.

The Supreme Court shall be defined as follows;
The Supreme Court: The judicial powers of the Commonwealth shall be vested in the Supreme Court which shall hear and decide all cases that are referred to it by the Prosecutor General or the House, including such cases in which a member nation is charged with intentional or reckless violation of the Constitution or laws of the Commonwealth.
Justices: The Suprme Court shall consist of a judicial panel of three Justices, one being the Chief Justice of the High Court.
Chief Justice: The Chief Justice accepts and denies cases to the court and presides over the court session. Finally, the Speaker of the House must voice a mandatory call in the House asking if there is any opposition to the list of nominees. If opposition is voiced, a vote is launched. A simple majority vote is needed to refuse a nomination.

Decisions: A majority vote of all Justices shall be required in order for the Court to render a decision. No decision may be rendered in the absence of a Justice. Once a decision of the Supreme Court is made, it shall stand. No entity may have the power to appeal the decision of the Supreme Court.

Power to Overrule: The court may overrule a decision of the cabinet or Parliament, at the demand of any member of the house, provided sufficient grounds for unconstitutionality.

Conflict of Interest: If a seated Justice is related in any way to the case being brought to the court, such Justice shall be temporarily removed and a replacement appointed by the Lord-Chancellor shall sit as a Justice pro tempore. This also applies to the Chief Justice.

Removal: Justices shall be subject to removal by a majority vote on a motion of no-confidence in the Parliament. If a Justice has committed an intentional or reckless violation of the Constitution or the laws of the Commonwealth, the Parliament may, upon the approval of a vote of no-confidence, refer such matter to the Court for prosecution.

Vacancy: In the event of the resignation, removal or demise of a Justice, a new Justice shall be formally appointed to fill the remainder of the term.

The Supreme Court maintains the right to cast judgement on legislation to determine the Constitutional validity of the legislation.

Appointment of Justices
Justices are appointed by a three-fourths vote of the Parliament to serve terms of sixty days. On the sixtieth and final day of the term of an incumbent cabinet, Parliament shall appoint three members of the Parlaiment to the Supreme Court; one being the Chief Justice and two being Associate Justices. No Justice may serve more than two consecutive terms in office. After two terms, a Justice must wait 60 days before becoming eligible for reappointment. All Justices shall be members of the Parliament in good standing, free of any restrictions imposed by the Parliament. All candidates for a position on the Supreme Court shall have been a member of the Commonwealth for a minimum of 60 days.

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Jultoplex
Commonwealth of Free Nations

[Baxten]

Orv, you put ideas, not actual Constitutions

[Greater Fascism]

Custom Government

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Due to the rules set in place makes it difficult for anyone to lead the region in the way they feel best. I would like to propose that there be multiple styles of government for any leader to choose without going against the constitution and giving them freer reign.

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Greater Fascism
Commonwealth of Free Nations

[Orveleca]

I'm putting the SDA here, as it's basically a rough outline of a constitution.

SUSTAINABLE DEMOCRACY ACT

---

HORRIFIED at the state of the CFN's Democracy,

FEARFUL that the region may become an oligarchy,

UNSATISFIED with proposed solutions, which bring forth tyranny of the majority and increase corruption,

HEREBY PROPOSING the Sustainable Democracy Act.

The revived government is divided into four branches; executive, legislative/judicial, judicial and popular.

Article One

Section One
The executive branch is composed of the Commonwealth Cabinet and the Office of the Chancellor of the Commonwealth. All are elected every two (2) months in an election open to all WA nations.

Section Two
The chancellor signs bills into law and has the power of veto, which may be overturned with a supermajority in parliament. He or she also brings criminals suspected by the Minister of Justice to court.

Section Three
The cabinet is an advisory council to the chancellor. There are four (4) members of cabinet, each holding specific governmental powers. The Minister of Defense commands the military. The Minister for Foreign Affairs deals with diplomacy. The Minister of the Interior supervises elections. The Minister of Justice investigates claims of criminal activity.

Article Two

Section One
The legislative/judicial branch is composed of the Commonwealth Parliament. Any WA nation in the CFN who wishes to join the parliament may do so.

Section Two
The parliament proposes bills and may vote on them. Any bill which reaches fifty percent (50%) of endorsements goes to the chancellor for approval. A bill is considered to have a supermajority when it reaches eighty percent (80%) of endorsements.

Section Three
The parliament may vote to impeach executive officers. After a supermajority is gained, that officer must resign.

Article Three

Section One
The judicial branch is composed of the Court of Justice of the Commonwealth of Free Nations.

Section Two
There are four (4) judges in the court. They are separately appointed for every case. The chancellor and Minister of Justice each appoint one (1) judge. The parliament appoints two (2).

Article Four

Section One
The popular branch is composed of all citizens of the CFN.

Section Two
If an issue proves especially controversial, it will be brought to a referendum via a regional poll.

Section Three
"Especially controversial" is defined as any issue which five (5) or more non-MP citizens request a referendum for.

Section Four
The poll will be open to all WA nations, and will consist of five (5) options; Strongly Agree, Agree, Indifferent, Disagree, and Strongly Disagree.

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Endorsed by:
Helio-hades
The Dalek Paradigm
CoalitionOfLiberated DemocraticRepublics

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Orveleca
Deputy Chancellor
Commonwealth of Free Nations

With regards to Article Three, I propose a more detailed option:

An expansion on article three

---

Separation of Powers, no one entity of the Government may exercise the powers of another entity at any time. However, it is established that members of the Council and Justices of the Court shall be elected and confirmed by the Parliament from within the membership of Parliament and shall be allowed to maintain all the rights and responsibilities of a member of Parliament. It is provided, however, that members of the Council cannot jointly serve as a Justice of the Court or vice versa.

The Supreme Court shall be defined as follows;
The Supreme Court: The judicial powers of the Commonwealth shall be vested in the Supreme Court which shall hear and decide all cases that are referred to it by the Prosecutor General or the House, including such cases in which a member nation is charged with intentional or reckless violation of the Constitution or laws of the Commonwealth.
Justices: The Suprme Court shall consist of a judicial panel of three Justices, one being the Chief Justice of the High Court.
Chief Justice: The Chief Justice accepts and denies cases to the court and presides over the court session. Finally, the Speaker of the House must voice a mandatory call in the House asking if there is any opposition to the list of nominees. If opposition is voiced, a vote is launched. A simple majority vote is needed to refuse a nomination.

Decisions: A majority vote of all Justices shall be required in order for the Court to render a decision. No decision may be rendered in the absence of a Justice. Once a decision of the Supreme Court is made, it shall stand. No entity may have the power to appeal the decision of the Supreme Court.

Power to Overrule: The court may overrule a decision of the Council or Parliament, at the demand of any member of the house, provided sufficient grounds for unconstitutionality.

Conflict of Interest: If a seated Justice is related in any way to the case being brought to the court, such Justice shall be temporarily removed and a replacement appointed by the Lord-Chancellor shall sit as a Justice pro tempore. This also applies to the Chief Justice.

Removal: Justices shall be subject to removal by a majority vote on a motion of no-confidence in the Parliament. If a Justice has committed an intentional or reckless violation of the Constitution or the laws of the Commonwealth, the Parliament may, upon the approval of a vote of no-confidence, refer such matter to the Court for prosecution.

Vacancy: In the event of the resignation, removal or demise of a Justice, a new Justice shall be formally appointed to fill the remainder of the term.

The Supreme Court maintains the right to cast judgement on legislation to determine the Constitutional validity of the legislation.

Appointment of Justices
Justices are appointed by a three-fourths vote of the Parliament to serve terms of sixty days. On the sixtieth and final day of the term of an incumbent Council, Parliament shall appoint three members of the Parlaiment to the Supreme Court; one being the Chief Justice and two being Associate Justices. No Justice may serve more than two consecutive terms in office. After two terms, a Justice must wait 60 days before becoming eligible for reappointment. All Justices shall be members of the Parliament in good standing, free of any restrictions imposed by the Parliament. All candidates for a position on the Supreme Court shall have been a member of the Commonwealth for a minimum of 60 days.

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Jultoplex
Commonwealth of Free Nations

The Council? What is this? Am I missing something?

[Orveleca]

Orv, you put ideas, not actual Constitutions

Modify it however you please. It's a starting point.

[Jultoplex]

My apologies. I should have changed council to 'cabinet'

[Orveleca]

In that case, I'm against the election of the Cabinet by the Parliament. That's a breach of the separation of powers and an unnecessary limit on democracy.

[Jultoplex]

In that case, I'm against the election of the Cabinet by the Parliament. That's a breach of the separation of powers and an unnecessary limit on democracy.

Are you referring to the election of Justices by Parliament? If so, how should we elect justices?

[Orveleca]

'...members of the Council shall be elected and confirmed by the Parliament from within the membership of Parliament...'

[Jultoplex]

I disagree to your point that it is 'a limit on democracy', this is utilized the Westminster system of Parliament whereby cabinet members come from Parliamentarians. However as I read the highlighted section, I realise that it is vague and wish to clarify that Cabinet members are not elected BY Parliament but rather candidates vying for a cabinet position must be an existing Parliamentarian.

[Venico]

Power to the Overseer

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The Commonwealth of Free Nations will henceforth follow these tenants.

Tenant One: Authority

The Commonwealth of Free Nations shall answer to The Brotherhood of Malice and ultimately The Overseer on all major decisions. This includes but is not limited to, constitutional matters, military movement, signing of treaties, and head of state elections.

Minor decisions shall be gifted to local authorities but can be decided by The Overseer if he chooses. This includes but is not limited to, citizenship applications, diplomatic assignments, forum management, and food distribution.

Tenant Two: Requirements

The Commonwealth of Free Nations must fly the flag of The Brotherhood of Malice over the region.

The Commonwealth of Free Nations must swear allegiance to either The Overseer or The Brotherhood of Malice in its World Factbook Entry. If this oath is not found to be satisfactory a new World Factbook Entry will be provided.

All citizens of The Commonwealth of Free Nations must swear allegianceto either The Overseer or The Brotherhood of Malice as a requirement to hold citizenship. If this oath is not found to be satisfactory a new citizenship application will be provided.

Tenant Three: Reciprocation

The Brotherhood of Malice will in turn provide the following services to The Commonwealth of Free Nations: military protection, aid in military operations, stimulation of cultural activities, an expanded network of allies, and aid in recruitment efforts.

If a citizen of The Commonwealth of Free Nations feels The Brotherhood of Malice is not upholding its responsibilities, a complaint must be submitted to both the head of state and The Overseer.

If the Commonwealth of Free Nations would like to request additional services, they will be provided within reason.

Hereby establishes The Commonwealth of Free Nations as a protectorate of The Brotherhood of Malice

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Venico
Commonwealth of Free Nations

*edit* changed the second oath to allegiance to maintain continuity

[Frisbeeteria]

This belongs on your offsite or your RMB. It's not Gameplay, and it's not roleplay. Locked.