NATION

PASSWORD

Constitution Writing Contest

A coffee shop for those who like to discuss art, music, books, movies, TV, each other's own works, and existential angst.
User avatar
Vienna Eliot
Chargé d'Affaires
 
Posts: 486
Founded: Feb 16, 2018
Inoffensive Centrist Democracy

Constitution Writing Contest

Postby Vienna Eliot » Wed Apr 29, 2020 7:43 pm

Hello, NS. You were drawn to NS because you thought you could start a nation, and you stuck around because you think you can do it better than anyone else. Now's your chance to prove it.

This is a constitution writing contest. Your challenge is to write the best constitution for the case nation below. They'll be scored according to the rubric in this post, and collectively judged by Ainin (a law student), Lykens (a political science student), United Provinces of Atlantica (a history student), and myself (an international studies student). Formatting, structure, and contents are up to you. The deadline is Sunday, May 31 at 11:59pm EDT.

Rules
You must post your intent to submit by May 24 at 11:59pm EDT.
Submissions must be posted by May 31 at 11:59pm EDT.
Post submissions in this thread — don't link offsite.
No plagiarism or previously published constitutions.
I don't know how you could violate the site rules, but please don't try.

Scoring Rubric
Effectiveness. Will this constitution work? Does it fully address the issues presented in the case? (25 points)
Organization. Is the constitution well organized? Does its structure make sense? (25 points)
Clarity. How does the constitution read? Is it clear or is it ambiguous? (25 points)
Creativity. Does the constitution take a novel and original approach to the case? (25 points)

The Case
Calaverde is a Central American nation in 2020, with a mainland situated along the coast of Nicaragua and Costa Rica and an archipelago that extends into the Caribbean. Conquered by the Caribs from continental South America in approximately 1200 AD, it was settled as part of the French West Indies in 1650, save for the southeasternmost island that was taken under the possession of the Dutch West India Company in 1674 and christened Adrius. The territory was ceded to Spain by France in the Treaty of Paris in 1763, then invaded by the United Kingdom in 1808 and maintained as a crown colony. Adrius was sold to the United Kingdom in 1813. It gained self-government in 1901 and independence in 1971. A military junta took power after a CIA coup in 1978 and stayed in power until popular revolution in 2012 caused the Calaverdean Civil War to erupt. Intervention by UN forces in 2020 saw an end to the conflict and allowed a constitutional convention to emerge.

Calaverde is a major Caribbean port and has a rapidly growing economy. About 75% the population lives in large metropolitan areas, and a quarter lives in rural areas. Following the Civil War, much of the population lives in poverty and social and civil strife persist. Cartel violence and gang attacks are common. Politically, the country is diverse, with many to both the left and the right of the center, and some who still support the toppled junta government. There is an active separatist movement in Adrius and a vocal indigenous minority on the mainland. Spanish and French are the major languages in Calaverde, with Dutch spoken in Adrius. Major cities include San Crìstobal, the capital, Rideau, a major port, Constans, a tourist destination, and Masalbhumi, the largest city in Adrius.

The contest is now open. Good luck!
Last edited by Vienna Eliot on Thu Apr 30, 2020 4:27 pm, edited 3 times in total.

User avatar
Tinhampton
Negotiator
 
Posts: 7006
Founded: Oct 05, 2016
Anarchy

Postby Tinhampton » Wed Apr 29, 2020 8:10 pm

Vienna Eliot wrote:Hello, NSG.

Isn't this NSGP? (disclaimer: THIS POST IS NOT A COMPETITION ENTRY)
Last edited by Tinhampton on Wed Apr 29, 2020 8:10 pm, edited 1 time in total.
The Self-Administrative City of TINHAMPTON (pop. 319,372): Saffron Howard, Mayor (UCP); Alexander Smith, WA Delegate-Ambassador ~ Achievements
3 SC Resolutions + 0 co-authored:
A: SC#250, Repeal "Liberate Femdom Empire" (87%)
A: SC#251, Commend Alasdair I Frosticus (91%)
A: SC#267, Repeal "Liberate The East Pacific" (90%)

1 GA Resolution + 1 co-authored:
A: GA#484, Disease Naming Compact (54%)
C: GA#491, Rights of the employed (54%)

0 Issues + 1 co-authored:
C: #1115, One in the Arm for @@LEADER@@?

73rd Cup of Harmony - CHAMPIONS

User avatar
Vienna Eliot
Chargé d'Affaires
 
Posts: 486
Founded: Feb 16, 2018
Inoffensive Centrist Democracy

Postby Vienna Eliot » Wed Apr 29, 2020 8:44 pm

Tinhampton wrote:
Vienna Eliot wrote:Hello, NSG.

Isn't this NSGP? (disclaimer: THIS POST IS NOT A COMPETITION ENTRY)

It is not.

User avatar
Atheris
Minister
 
Posts: 2135
Founded: Oct 05, 2018
Left-Leaning College State

Postby Atheris » Wed Apr 29, 2020 11:21 pm

Would I submit my entry in this thread?
Dollystana wrote:The one nation that you can’t get rid of.
Ceranapis wrote:"Who needs a country when you can write Ace Attorney fan fiction?"
The Galactic Empire unironically did nothing wrong.
Nouveau Quebecois did nothing wrong!
The self-proclaimed Resident Shitposter of NSG.
Ace/aro. Cis he/him. Trans ally.
"To comment is human, to preview, divine." - Godot
Orthodox Preterist Lutheran Christian.
I write AA fanfiction. Fuck you if you judge me.
WA RP nation: Union of Sovereign States and Republics
"What tangled webs we weave when we practice to deceive." - Sir Walter Scott

User avatar
The Archregimancy
Game Moderator
 
Posts: 24642
Founded: Aug 01, 2005
Democratic Socialists

Postby The Archregimancy » Thu Apr 30, 2020 12:45 am

I'll admit to being intrigued.

I've done a lot of work professionally on South America in the immediate post-colonial period, including some published work. I've sometimes given some thought to what might have happened if the original Bolivarian constitutional frameworks in Gran Colombia, Peru, and Bolivia hadn't collapsed so quickly in the aftermath of independence.

Now, the Bolivarian example obviously doesn't necessarily transmit directly to 'Calaverde', which seems to be a sort of more slightly southerly Mosquito Coast analogue with a more complex colonial history, and without the late 19th-century annexation by Nicaragua; but I wonder...

I'll give this some thought.

This isn't a formal intent to submit yet, though. But I am thinking about it.

User avatar
Technocratic Founder
Secretary
 
Posts: 36
Founded: Jan 29, 2019
Corrupt Dictatorship

Postby Technocratic Founder » Thu Apr 30, 2020 12:52 am

Vienna Eliot wrote:
Tinhampton wrote:Isn't this NSGP? (disclaimer: THIS POST IS NOT A COMPETITION ENTRY)

It is not.

Looks at forum this is in... No, it definitely seems like NSGP to me.

Honestly cool idea though. Got a little too much on my plate ensuring my region keeps functioning, but hey ho.
Last edited by Technocratic Founder on Thu Apr 30, 2020 12:54 am, edited 1 time in total.
Hi, it's me, Imperium of Josh

User avatar
South Reinkalistan
Ambassador
 
Posts: 1100
Founded: Mar 12, 2019
Psychotic Dictatorship

Postby South Reinkalistan » Thu Apr 30, 2020 2:03 am

I could try my legislative hand, lol. Will submit something when I can.
Last edited by South Reinkalistan on Thu Apr 30, 2020 2:03 am, edited 1 time in total.
MT pseudo-nazbol hellscape run in a distinctly Orwellian fashion; a tin-pot dictatorship turned world superpower with the intent of spreading highly religious socialism across the world.

User avatar
The Archregimancy
Game Moderator
 
Posts: 24642
Founded: Aug 01, 2005
Democratic Socialists

Postby The Archregimancy » Thu Apr 30, 2020 3:22 am

Technocratic Founder wrote:
Vienna Eliot wrote:It is not.

Looks at forum this is in... No, it definitely seems like NSGP to me.


It looks like the thread was originally posted in NSG, but one of my moderator colleagues then towed it into Gameplay.

Given that I've expressed an interest in participating in the thread, I can't really take further direct action on that myself. I would only note that:

1) If Vienna Eliot disagrees with that decision, they should raise it in the Moderation forum

2) Calaverde is not an NS nation (there was a nation of that name active for three months in 2014-15, but no current nation)

2) There is some precedent for leaving contests specifically targeted at NSG in NSG, even if the contest potentially overlaps with other forums; see the recent NSG Bulwer-Lytton competition.

User avatar
Gorundu
Spokesperson
 
Posts: 193
Founded: May 02, 2019
Left-wing Utopia

Postby Gorundu » Thu Apr 30, 2020 3:27 am

The Archregimancy wrote:
Technocratic Founder wrote:Looks at forum this is in... No, it definitely seems like NSGP to me.


It looks like the thread was originally posted in NSG, but one of my moderator colleagues then towed it into Gameplay.

Given that I've expressed an interest in participating in the thread, I can't really take further direct action on that myself. I would only note that:

1) If Vienna Eliot disagrees with that decision, they should raise it in the Moderation forum

2) Calaverde is not an NS nation (there was a nation of that name active for three months in 2014-15, but no current nation)

2) There is some precedent for leaving contests specifically targeted at NSG in NSG, even if the contest potentially overlaps with other forums; see the recent NSG Bulwer-Lytton competition.

I would note that Calaverde was in fact a nation used in the third iteration of the NSG Senate, with much the same background.
Minister of Communications of The North Pacific
Posts do not represent my region's views unless stated otherwise.

User avatar
Vistulange
Senator
 
Posts: 3709
Founded: May 13, 2012
Inoffensive Centrist Democracy

Postby Vistulange » Thu Apr 30, 2020 5:44 am

This is a very exciting exercise! I might try my hand at it, though I'm absolutely shitty at legal language. I do have some intermediate knowledge about Latin American politics and political history, so I might just give it a go, if I can find the time. Still, kudos for the novel idea, hope it gets more attention!
Turkish-Canadian, atheist, social democrat and "Neo-Kemalist" (inquire within as to what that means), aspiring academician. Interested in Turkish politics, Turkish foreign policy, Israeli politics, democratisation, authoritarianism, civil-military relations, and nation-building. Currently focusing on Israel, open to academic reading suggestions regarding Israeli politics. Also learning Hebrew, it's not going bad.
Mustafa Kemal Atatürk wrote:The truest mentor in life is science. To seek mentors other than science is blindness, ignorance, and an aberration.
Refik Ahmet Sevengil wrote:We have brought down God from his throne, just as we have with the Sultan. Our temples are the factories.

User avatar
The Archregimancy
Game Moderator
 
Posts: 24642
Founded: Aug 01, 2005
Democratic Socialists

Postby The Archregimancy » Thu Apr 30, 2020 7:08 am

Gorundu wrote:
The Archregimancy wrote:
It looks like the thread was originally posted in NSG, but one of my moderator colleagues then towed it into Gameplay.

Given that I've expressed an interest in participating in the thread, I can't really take further direct action on that myself. I would only note that:

1) If Vienna Eliot disagrees with that decision, they should raise it in the Moderation forum

2) Calaverde is not an NS nation (there was a nation of that name active for three months in 2014-15, but no current nation)

2) There is some precedent for leaving contests specifically targeted at NSG in NSG, even if the contest potentially overlaps with other forums; see the recent NSG Bulwer-Lytton competition.

I would note that Calaverde was in fact a nation used in the third iteration of the NSG Senate, with much the same background.


Thanks for pointing that out - and apologies for missing that detail.

User avatar
Vienna Eliot
Chargé d'Affaires
 
Posts: 486
Founded: Feb 16, 2018
Inoffensive Centrist Democracy

Postby Vienna Eliot » Thu Apr 30, 2020 11:22 am

Glad to see interest in this!

The Archregimancy wrote:
Technocratic Founder wrote:Looks at forum this is in... No, it definitely seems like NSGP to me.


It looks like the thread was originally posted in NSG, but one of my moderator colleagues then towed it into Gameplay.

Given that I've expressed an interest in participating in the thread, I can't really take further direct action on that myself. I would only note that:

1) If Vienna Eliot disagrees with that decision, they should raise it in the Moderation forum

2) Calaverde is not an NS nation (there was a nation of that name active for three months in 2014-15, but no current nation)

2) There is some precedent for leaving contests specifically targeted at NSG in NSG, even if the contest potentially overlaps with other forums; see the recent NSG Bulwer-Lytton competition.

My bad, I didn’t realize that it had been moved. I’m fine with it being in Gameplay.

Atheris wrote:Would I submit my entry in this thread?

Yes.

User avatar
The Archregimancy
Game Moderator
 
Posts: 24642
Founded: Aug 01, 2005
Democratic Socialists

Postby The Archregimancy » Thu Apr 30, 2020 1:35 pm

Not only do I hereby officially signal my intent to enter, but here's my entry:


THE CONSTITUTION OF CALAVERDE

Preamble
We the People of Calaverde do hereby institute this national constitution in order to bring peace and prosperity to our plurinational body politic. We recognise that each citizen is created equal, and endowed by their creator with certain inalienable rights, but also that each citizen has duties and responsibilities towards their nation.


I - The Nation

1) The territory of the nation of Calaverde is as defined by the 1901 Act of the British Parliament granting Calaverde self-government, and the 1971 Treaty between Calaverde and the United Kingdom granting the former full independence.
.....a) No change may occur in the territory of Calaverde without two thirds approval of the Legislative House and majority vote of the Executive Council; the latter must include the vote of the President in favour.
..........i) If a territorial change impacts the territory of an autonomous territory, the territorial legislature must also vote in favour of that change.
2) The city of San Crìstobal is the capital of Calaverde.
3) Anyone born in the current territory of Calaverde is a citizen of Calaverde.
.....a) Anyone born to two citizens of Calaverde outside of the territory of Calaverde is also a citizen.
.....b) The national government shall establish procedures for non-citizens to acquire citizenship within one year of the ratification of this constitution.
4) The official languages of Calaverde are Spanish, French, Dutch and Misulmalpan.
.....a) All national government legislation must be translated into the official languages


II – The Legislative House

1) The Legislative House represents the people of Calaverde.
2) Members of the Legislative House are elected in a simultaneous election for five-year terms.
.....a) Future elections must take place within seven days (before or after) of four years and eleven months of the previous election.
3) The first election for members of the Legislative House will take place 30 days after the ratification of this constitution.
4) All citizens of Calaverde are eligible for election to the Legislative House.
5) The first election to the Legislative House shall be on the basis of single transferable vote proportional representation, with ballots offering the option of both individual ranked voting and party block voting; each of the existing 10 provinces electing 15 members, and the two autonomous territories electing 17 members.
.....a) The Legislative House may opt for different methods in subsequent elections, but there shall not be fewer than 150 members of the House, and the autonomous territories shall not provide fewer than 25% of the members of the House.
6) A minimum of 50 members of the Legislative House must meet to form a quorum.
7) All citizens of Calaverde above the age of 18 may vote in elections to the Legislative House.
8.) The powers, rights, and duties of the Legislative House are to:
.....a) Elect the members of the Executive Council
.....b) Propose laws to the Executive Council
.....c) Choose the method of election of members of the Legislative House
.....d) Ratify annual budgets passed by the Executive Council
.....e) Remove members of the Executive Council from office, as specified in Part III of this constitution.
.....f) Decide whether a national state of emergency can be extended beyond six months, as specified in Part III of this constitution.
.....g) Elect the judges of the National Court during a national state of emergency
.....h) Ratify decisions of the National Court on the constitutionality of Executive Council legislation, as specified in Part IV of this constitution.
.....i) Decide whether national or autonomous territory law prevails where the National Court rules that these are in conflict, as specified in Part V of this constitution.


III – The Executive Council

1) The Executive Council is the supreme law-making authority of Calaverde.
2) The nine members of the Executive Council are elected by two-thirds vote of the Legislative House.
3) The first Executive Council shall be elected within one week of the opening of the first sitting of the Legislative House.
4) All citizens of Calaverde above the age of 35 are eligible for election to the Executive Council.
5) Election to the Executive Council is for life, retirement, or removal by the Legislative House.
6) At least five members of the Executive Council must meet to constitute a quorum
7) The Legislative House may remove a member of the Executive Council via a two-thirds majority vote.
8.) At least one member of the Executive Council must be a resident of one of the autonomous territories.
9) The Chair of the Executive Council is chosen for a term of one year by random lot among the members of the Council.
.....a) A Chair may serve consecutive terms
.....b) The random lot must take place in public, in the presence of the justices of the National Court, with all of the members of the Executive Council swearing an oath or affirmation to uphold the results of the ballot, and the constitution and laws of Calaverde
.....c) The Chair serves as Head of State and Commander in Chief of the armed forces during their term.
.....d) Where there is a tie in a vote of the Executive Council due to absence of a member, the Chair’s vote breaks the tie.
.....e) The Chair must be one of the members of the Governing Triumvirate during a national state of emergency
.....f) At the conclusion of an annual term, the Chair shall present a statement on the progress of the nation to the members of the Legislative House
.....g) The Chair otherwise has no powers over and above the other members of the Council.
10) The powers, rights, and duties of the Executive Council are:
.....a) To be the sole body to approve laws in Calaverde, except the annual national budget, and as otherwise constrained by this constitution.
..........i) The Executive Council may initiate legislation, including budgets.
..........ii) Where a law has been proposed by the Legislative House, the Executive Council must vote to approve or deny that proposal within one month of its receipt.
..........iii) The annual national budget must be both passed by the Executive Council and ratified by the Legislative House.
.....b) To be the sole body to sign treaties with, or declare war on, foreign powers.
.....c) Elect the members of the National Court
.....d) Remove members of the National Court as specified in Part IV of this constitution.
.....e) In times of pressing national need, declare a state of national emergency for a period of no more than one year.
..........i) During a state of emergency, the rights and duties of the Legislative House are suspended except to elect a new member of the Executive House, and to decide whether the state of emergency can be extended beyond an initial six months.
..........ii) The power to elect the members of the National Court is, however, transferred from the Executive Council to the Legislative House during a state of emergency
..........iii) During the state of emergency, all powers, rights, and duties of the Executive Council shall otherwise be exercised by a triumvirate of three members of the Council, as elected by the Council.
..........iv) After six months of a state of emergency, the Legislative House may vote to end the emergency or to extend it to a full 12 months by a simple majority vote.
..........v) The National Court may rule at any time during the state of emergency whether the declaration of a state of emergency was justified; this declaration need not be ratified by the Legislative House.
..........vi) The laws of the national government take precedence over those of the autonomous territories during a state of emergency where these have previously been ruled in conflict, or where a decision on which takes precedence is pending; the governance of the autonomous territories is otherwise unaffected.


IV – The National Court

1) The National Court protects the laws of Calaverde.
2) The 5 members of the National Court are elected by majority vote of the Executive Council.
3) The first National Court shall be elected within one week of the first sitting of the Executive Council.
4) All citizens of Calaverde above the age of 50 are eligible for election to the National Court.
5) Election to the National Court is for life, retirement, or removal by the Executive Council.
6) The Executive Council may remove a member of the National Court so long as no more than one member of the Executive Council votes against removal.
7) Decisions of the National Court are made by a simple majority of the court, but all current active non-recused members of the court must be party to a judgement or ruling for it to be valid; an abstention counts as being party to a ruling.
8.) The powers, rights, and duties of the National Court are to:
.....a) Serve as the final court of appeal in the national court system of Calaverde
.....b) Hold the right to rule by majority vote that laws passed by the Executive Council are unconstitutional, subject to the ratification of that ruling by a majority vote of the Legislative House.
.....c) Hold the right to rule by majority vote that a declaration of a state of emergency by the Executive Council is unjustified and must immediately cease. In a case of a tied vote, the state of emergency is valid.
.....d) Rule on request of either the Executive Council or autonomous territory governments whether national and autonomous territory law is in conflict, as specified by Part V of this constitution. In the case of a tied vote, the laws are held to be ruled in conflict.


V – The Autonomous Territories

1) The autonomous territories of the nation of Calaverde are Adrius and Misumalpan.
.....a) No less than two years after the ratification of this constitution, the territories of the existing autonomous territories must be defined in joint legislation passed by the legislatures of the territories and the national Executive Council.
.....b) The national government of Calaverde may create new autonomous territories.
.....c) The national government of Calaverde may not abolish existing autonomous territories, except at the request of a territory.
2) Within three weeks of the ratification of this constitution or the declaration of a new autonomous territory, the autonomous territory shall elect a constitutional convention of 100 members by single transferable vote proportional representation, with ballots offering the option of both individual ranked voting and party block voting.
.....a) The constitutional convention is empowered to act as the responsible government and representative of the territory in discussions with the national government until a territorial constitution is approved.
3) Within one year of its election, the constitutional convention shall submit a territorial constitution to a referendum of the citizens of the territory.
.....a) The territorial constitution must not conflict with the national constitution
.....b) The territorial constitution must provide for a legislature, an executive, and a judiciary.
.....c) The executive must not be hereditary.
.....d) The franchise for the referendum shall be all citizens over the age of 18 residing within the territory of the autonomous region as defined by the current laws of Calaverde
4) Unless consent is given by the national government, a territorial government may not raise its own armed forces other than a territorial police force, or tax the property of the national government.
5) Unless consent is given by the national government, a territorial government may not raise internal tariffs to trade with the rest of Calaverde.
6) Unless consent is given by the national government, a territorial government may not sign treaties with, or declare war on, foreign powers.
7) Except as restricted by clause 4 & 5, the territorial government is otherwise free to raise monies within its own territory in addition to those monies assigned by the national government, and to budget how to spend those monies raised on its own authority.
8.) On request of either the Executive Council or autonomous territory governments, the National Court shall rule on whether a law passed by a territorial government is in conflict with national law.
.....a) Where the Court rules that a conflict exists, the Legislative House shall then rule whether national law or territorial law takes precedence in a specific case by a simple majority vote.


VI – Rights of the Citizenry

1) Citizens of Calaverde enjoy the following rights without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.
2) The rights of personal expression and freedom of speech shall not be abridged.
3) The right of each citizen to vote shall not be abridged.
4) The rights of freedom of movement and assembly can only be abridged for the duration of a national emergency as specified in this constitution; and no citizen shall be required to join an organisation.
5) The right to a free press and a free digital media can only be abridged for the duration of a national emergency as specified in this constitution.
6) While recognising the special role of the Roman Catholic Church and the Dutch Reformed Church in the history of Calaverde, the right to freedom of religious expression shall not be abridged, nor may the state pass laws to establish or favour a particular religious belief or lack thereof.
7) The right to securely own property, free from unreasonable search and seizure, shall not be abridged, and even in a national state of emergency a warrant to search private property can only be issued with due cause.
8.) The rights to a fair trial, to avoidance of double jeopardy, and to avoidance of self-incrimination, shall not be abridged.
9) The listing of specific rights in this constitution shall not be construed to deny or restrict other rights that may be held by the citizens of Calaverde.


VII – Amending the Constitution

1) Amendments to the constitution may be submitted by the Legislative House, the Executive Council, and the governments of the autonomous territories.
2) To become law, an amendment must be passed by a two-thirds majority of the Legislative House, a majority of the Executive Council, and at least half of the territorial governments.


VIII - Ratification of the Constitution

1) This constitution shall be considered ratified following a two-thirds vote in favour at the current national constitutional convention.
2) The existing laws of Calaverde shall remain in effect, except where replaced by this constitution, until such time as the Legislative House, Executive Council, National Court, and Constitutional Conventions of the autonomous territories have been elected, at which point the state organs may replace those laws and pass new laws as specified by this constitution.

---------------------------------------------------------------------------------------------------------------------------------------------------------------------




Some quick annotations:

1) The basic idea is to fashion a compromise between the supporters of the former junta - all presumably deeply dismissive of mass democracy and in favour of a strong centralised executive - and left-wing supporters of democratic rights, decentralisation, and territorial autonomy who would be deeply suspicious of a strong executive. So there's a small and powerful executive committee instead of a president, and while the power to unilaterally pass and approve laws (except budgets) rests with the executive committee, and there's provision for declaring a temporary state of emergency, the popularly elected House still retains checking powers over the committee (including the right to choose and remove its members).

2) There's recognition of autonomy for two regions. Adrius is obvious. Misulmapan (and the linguistic recognition of 'Misulmapani') is supposed to be an autonomous indigenous territory in RL northeastern coastal Nicaragua that draws on RL linguistic groups in Nicaragua, but without referencing the 'Miskito' who presumably wouldn't exist with that name in this reality.

3) It's not supposed to be RL-perfect, and I can already spot some points of potential tension that the framers of this constitution might not have thought through properly (notably the provisions on resolving conflicts between national and territorial law).

4) The selection of the annual chair of the Executive Committee by random lot may seem odd, but was was inspired by RL precedent for the election of the Doge of the Venetian Republic, though the version I've come up with for Calaverde is considerably simpler than the original.

5) Truth in advertising moment... while I've taken RL inspiration from a range of sources (including, but not limited to, the Republic of Venice, the Australian constitution & Australian Senate electoral system, the US constitution, and Simon Bolivar's original Bolivarian constitution for Bolivia), there is one small piece of plagiarism, but one that I thought would have been believable within the context of this constitutional process. Part VI, clause 1) ('Rights of the Citizenry') is a deliberate copy of the first sentence of Article 2 of the UN's Universal Declaration of Human Rights.
Last edited by The Archregimancy on Thu Apr 30, 2020 1:37 pm, edited 1 time in total.

User avatar
Shantigara
Lobbyist
 
Posts: 11
Founded: Jul 14, 2019
Ex-Nation

Postby Shantigara » Thu Apr 30, 2020 6:49 pm

I'll take a stab at this. Here is the outline thus far. Will update as the month goes on.

The Constitution of the Republic of Calaverde (Table of Contents)
2020




Table of Contents
Article I - The Nation
Section 1 - Foundations of the state
Section 2 - Territory of Calaverde
Section 3 - Sovereignty
Section 4 - Duties of the government of Calaverde
Section 5 - National languages, symbols and connected matters
Section 6 - On the capital
Section 7 - Abrogation of erstwhile laws
Section 8 - Debts owed to foreign nations against Calaverde


Article II - The executive
Section 1 - The president
    Subsec. 1 - General
    Subsec. 2 - Election of the president
    Subsec. 3 - Qualifications
    Subsec. 4 - The vice-president
    Subsec. 5 - Vacancy of the office of president

Section 2 - Powers and duties of the president
    Subsec. 1 - To appoint and dismiss the prime minister and members of the Council of Ministers
    Subsec. 2 - To summon and dissolve the National Assembly, and other powers and duties relating to the National Assembly
    Subsec. 3 - To appoint and dismiss ambassadors, and to receive the accreditation of ambassadors to Calaverde of foreign lands
    Subsec. 4 - To appoint judges to the Constitutional Court and to other courts
    Subsec. 5 - To grant pardons and commutations
    Subsec. 6 - To confer orders and decorations
    Subsec. 7 - Emergency powers
    Subsec. 8 - Countersignature of the prime minister or minister responsible

Section 3 - The government
    Subsec. 1 - The Council of Ministers
    Subsec. 2 - The prime minister and duties thereof
    Subsec. 3 - Composition and portfolios
    Subsec. 4 - Eligibility
    Subsec. 5 - Responsibilities
    Subsec. 6 - The budget
    Subsec. 7 - Vote of no confidence


Section 4 - The central bank and monetary authority
    Subsec. 1 - The Bank of Calaverde
    Subsec. 2 - Governor of the Bank
    Subsec. 3 - Board of Directors
    Subsec. 4 - Council of Open Market Operations
    Subsec. 5 - Reports


Article III - The legislature
Section 1 - The National Assembly

Section 2 - Composition and election of deputies
    Subsec. 1 - On special elections
    Subsec. 2 - Dissolution of the National Assembly
    Subsec. 3 - Expulsion of a deputy from the National Assembly
    Subsec. 4 - Recall elections

Section 3 - Eligibility
    Subsec. 1 - Oath or affirmation

Section 4 - Privileges and immunities accorded to deputies
    Subsec. 1 - On cases of emergency
    Subsec. 2 - Treason, bribery, and related offenses
    Subsec. 3 - Suspension of privileges

Section 5 - The speaker
    Subsec. 1 - Election and removal of the speaker
    Subsec. 2 - The deputy speaker
    Subsec. 3 - Powers of the speaker

Section 6 - Organization of the National Assembly
    Subsec. 1 - Sittings
    Subsec. 2 - Procedure for passing ordinary legislation
    Subsec. 3 - On declarations of war
    Subsec. 4 - On the ratification of treaties
    Subsec. 5 - Committees
    Subsec. 6 - Journal of the National Assembly
    Subsec. 7 - The Standing Orders and regulation of internal procedure

Section 7 - Impeachment of the president or civil servant

Section 8 - On local government and administration

Section 9 - On referenda


Article IV - The courts
Section 1 - The Constitutional Court
    Subsec. 1 - Membership and appointment
    Subsec. 2- Qualification of members
    Subsec. 3 - President of the Constitutional Court
    Subsec. 4 - Scope and jurisdiction

Section 2 - The Supreme Court of Justice
    Subsec. 1 - Scope and jurisdiction
    Subsec. 2 - Writs of certiarori and connected matters
    Subsec. 3 - Removal of the president or civil servant upon impeachment

Section 3 - The Court of Audit
    Subsec. 1 - Scope and jurisdiction

Section 4 - Courts of appeal and tribunals of first instance

Section 5 - National Judicial Council


Article V - The Public Defender

Article VI - On the Autonomous Region of Adunis
Section 1 - Governor of Adunis
Section 2 - Assembly of Adunis
Section 3 - Courts of Adunis
Section 4 - Powers exclusive to the Assembly of Adunis
Section 5 - Powers withheld from the Assembly of Adunis


Article VII - Charter of Rights

Article VIII - Amendments to the Constitution
Last edited by Shantigara on Thu Apr 30, 2020 6:49 pm, edited 1 time in total.
Shāntigāra, from Sanskrit śāntisya agāram ("house of peace").

User avatar
Thermodolia
Khan of Spam
 
Posts: 59411
Founded: Oct 07, 2011
Civil Rights Lovefest

Postby Thermodolia » Thu Apr 30, 2020 7:50 pm

I’ll join
Male, Titoist cultural nationalist, lives somewhere in the Deep South, give me any good Irish, Canadian, or Scottish whiskey and I will be your friend for life. I'm GAY!
I'm agent #69 in the Gaystapo!
>The Sons of Adam: I'd crown myself monarch... cuz why not?
>>Dumb Ideologies: Why not turn yourself into a penguin and build an igloo at the centre of the Earth?
>Xovland: I keep getting ads for printer ink. Sometimes, when you get that feeling down there, you have to look at some steamy printer pictures.
Click for Da Funies
Click Here for RP Info Embassy Program
Ambassadors to the WA:
Ambassador to the GA Jon Æthr
Ambassador to the SC Eve Šanœ

RIP Dya

User avatar
The Archregimancy
Game Moderator
 
Posts: 24642
Founded: Aug 01, 2005
Democratic Socialists

Postby The Archregimancy » Fri May 01, 2020 1:07 am

Resubmitting because of a significant single word error in Part VI, Clause 1, Section a, and a necessary revision to I.1.a

It was just one word on the first point, but it was an appalling error. It was supposed to start 'No more than two years', not 'No less than two years'.

On the second point, at an early stage I was imagining the Chair of the Executive Council to have slightly more power, and to be referred to as 'President'. The Chair then evolved into more of a primus inter pares, but I forgot to edit out the reference to the 'President', and a specific power thereof, in I.1.a

I've also lightly edited the annotations.


THE CONSTITUTION OF CALAVERDE

Preamble
We the People of Calaverde do hereby institute this national constitution in order to bring peace and prosperity to our plurinational body politic. We recognise that each citizen is created equal, and endowed by their creator with certain inalienable rights, but also that each citizen has duties and responsibilities towards their nation.


I - The Nation

1) The territory of the nation of Calaverde is as defined by the 1901 Act of the British Parliament granting Calaverde self-government, and the 1971 Treaty between Calaverde and the United Kingdom granting the former full independence.
.....a) No change may occur in the territory of Calaverde without two thirds approval of the Legislative House and majority vote of the Executive Council.
..........i) If a territorial change impacts the territory of an autonomous territory, the territorial legislature must also vote in favour of that change.
2) The city of San Crìstobal is the capital of Calaverde.
3) Anyone born in the current territory of Calaverde is a citizen of Calaverde.
.....a) Anyone born to two citizens of Calaverde outside of the territory of Calaverde is also a citizen.
.....b) The national government shall establish procedures for non-citizens to acquire citizenship within one year of the ratification of this constitution.
4) The official languages of Calaverde are Spanish, French, Dutch and Misulmalpan.
.....a) All national government legislation must be translated into the official languages


II – The Legislative House

1) The Legislative House represents the people of Calaverde.
2) Members of the Legislative House are elected in a simultaneous election for five-year terms.
.....a) Future elections must take place within seven days (before or after) of four years and eleven months of the previous election.
3) The first election for members of the Legislative House will take place 30 days after the ratification of this constitution.
4) All citizens of Calaverde are eligible for election to the Legislative House.
5) The first election to the Legislative House shall be on the basis of single transferable vote proportional representation, with ballots offering the option of both individual ranked voting and party block voting; each of the existing 10 provinces electing 15 members, and the two autonomous territories electing 17 members.
.....a) The Legislative House may opt for different methods in subsequent elections, but there shall not be fewer than 150 members of the House, and the autonomous territories shall not provide fewer than 25% of the members of the House.
6) A minimum of 50 members of the Legislative House must meet to form a quorum.
7) All citizens of Calaverde above the age of 18 may vote in elections to the Legislative House.
8.) The powers, rights, and duties of the Legislative House are to:
.....a) Elect the members of the Executive Council
.....b) Propose laws to the Executive Council
.....c) Choose the method of election of members of the Legislative House
.....d) Ratify annual budgets passed by the Executive Council
.....e) Remove members of the Executive Council from office, as specified in Part III of this constitution.
.....f) Decide whether a national state of emergency can be extended beyond six months, as specified in Part III of this constitution.
.....g) Elect the judges of the National Court during a national state of emergency
.....h) Ratify decisions of the National Court on the constitutionality of Executive Council legislation, as specified in Part IV of this constitution.
.....i) Decide whether national or autonomous territory law prevails where the National Court rules that these are in conflict, as specified in Part V of this constitution.


III – The Executive Council

1) The Executive Council is the supreme law-making authority of Calaverde.
2) The nine members of the Executive Council are elected by two-thirds vote of the Legislative House.
3) The first Executive Council shall be elected within one week of the opening of the first sitting of the Legislative House.
4) All citizens of Calaverde above the age of 35 are eligible for election to the Executive Council.
5) Election to the Executive Council is for life, retirement, or removal by the Legislative House.
6) At least five members of the Executive Council must meet to constitute a quorum
7) The Legislative House may remove a member of the Executive Council via a two-thirds majority vote.
8.) At least one member of the Executive Council must be a resident of one of the autonomous territories.
9) The Chair of the Executive Council is chosen for a term of one year by random lot among the members of the Council.
.....a) A Chair may serve consecutive terms
.....b) The random lot must take place in public, in the presence of the justices of the National Court, with all of the members of the Executive Council swearing an oath or affirmation to uphold the results of the ballot, and the constitution and laws of Calaverde
.....c) The Chair serves as Head of State and Commander in Chief of the armed forces during their term.
.....d) Where there is a tie in a vote of the Executive Council due to absence of a member, the Chair’s vote breaks the tie.
.....e) The Chair must be one of the members of the Governing Triumvirate during a national state of emergency
.....f) At the conclusion of an annual term, the Chair shall present a statement on the progress of the nation to the members of the Legislative House
.....g) The Chair otherwise has no powers over and above the other members of the Council.
10) The powers, rights, and duties of the Executive Council are:
.....a) To be the sole body to approve laws in Calaverde, except the annual national budget, and as otherwise constrained by this constitution.
..........i) The Executive Council may initiate legislation, including budgets.
..........ii) Where a law has been proposed by the Legislative House, the Executive Council must vote to approve or deny that proposal within one month of its receipt.
..........iii) The annual national budget must be both passed by the Executive Council and ratified by the Legislative House.
.....b) To be the sole body to sign treaties with, or declare war on, foreign powers.
.....c) Elect the members of the National Court
.....d) Remove members of the National Court as specified in Part IV of this constitution.
.....e) In times of pressing national need, declare a state of national emergency for a period of no more than one year.
..........i) During a state of emergency, the rights and duties of the Legislative House are suspended except to elect a new member of the Executive House, and to decide whether the state of emergency can be extended beyond an initial six months.
..........ii) The power to elect the members of the National Court is, however, transferred from the Executive Council to the Legislative House during a state of emergency
..........iii) During the state of emergency, all powers, rights, and duties of the Executive Council shall otherwise be exercised by a triumvirate of three members of the Council, as elected by the Council.
..........iv) After six months of a state of emergency, the Legislative House may vote to end the emergency or to extend it to a full 12 months by a simple majority vote.
..........v) The National Court may rule at any time during the state of emergency whether the declaration of a state of emergency was justified; this declaration need not be ratified by the Legislative House.
..........vi) The laws of the national government take precedence over those of the autonomous territories during a state of emergency where these have previously been ruled in conflict, or where a decision on which takes precedence is pending; the governance of the autonomous territories is otherwise unaffected.


IV – The National Court

1) The National Court protects the laws of Calaverde.
2) The 5 members of the National Court are elected by majority vote of the Executive Council.
3) The first National Court shall be elected within one week of the first sitting of the Executive Council.
4) All citizens of Calaverde above the age of 50 are eligible for election to the National Court.
5) Election to the National Court is for life, retirement, or removal by the Executive Council.
6) The Executive Council may remove a member of the National Court so long as no more than one member of the Executive Council votes against removal.
7) Decisions of the National Court are made by a simple majority of the court, but all current active non-recused members of the court must be party to a judgement or ruling for it to be valid; an abstention counts as being party to a ruling.
8.) The powers, rights, and duties of the National Court are to:
.....a) Serve as the final court of appeal in the national court system of Calaverde
.....b) Hold the right to rule by majority vote that laws passed by the Executive Council are unconstitutional, subject to the ratification of that ruling by a majority vote of the Legislative House.
.....c) Hold the right to rule by majority vote that a declaration of a state of emergency by the Executive Council is unjustified and must immediately cease. In a case of a tied vote, the state of emergency is valid.
.....d) Rule on request of either the Executive Council or autonomous territory governments whether national and autonomous territory law is in conflict, as specified by Part V of this constitution. In the case of a tied vote, the laws are held to be ruled in conflict.


V – The Autonomous Territories

1) The autonomous territories of the nation of Calaverde are Adrius and Misumalpan.
.....a) No more than two years after the ratification of this constitution, the territories of the existing autonomous territories must be defined in joint legislation passed by the legislatures of the territories and the national Executive Council.
.....b) The national government of Calaverde may create new autonomous territories.
.....c) The national government of Calaverde may not abolish existing autonomous territories, except at the request of a territory.
2) Within three weeks of the ratification of this constitution or the declaration of a new autonomous territory, the autonomous territory shall elect a constitutional convention of 100 members by single transferable vote proportional representation, with ballots offering the option of both individual ranked voting and party block voting.
.....a) The constitutional convention is empowered to act as the responsible government and representative of the territory in discussions with the national government until a territorial constitution is approved.
3) Within one year of its election, the constitutional convention shall submit a territorial constitution to a referendum of the citizens of the territory.
.....a) The territorial constitution must not conflict with the national constitution
.....b) The territorial constitution must provide for a legislature, an executive, and a judiciary.
.....c) The executive must not be hereditary.
.....d) The franchise for the referendum shall be all citizens over the age of 18 residing within the territory of the autonomous region as defined by the current laws of Calaverde
4) Unless consent is given by the national government, a territorial government may not raise its own armed forces other than a territorial police force, or tax the property of the national government.
5) Unless consent is given by the national government, a territorial government may not raise internal tariffs to trade with the rest of Calaverde.
6) Unless consent is given by the national government, a territorial government may not sign treaties with, or declare war on, foreign powers.
7) Except as restricted by clause 4 & 5, the territorial government is otherwise free to raise monies within its own territory in addition to those monies assigned by the national government, and to budget how to spend those monies raised on its own authority.
8.) On request of either the Executive Council or autonomous territory governments, the National Court shall rule on whether a law passed by a territorial government is in conflict with national law.
.....a) Where the Court rules that a conflict exists, the Legislative House shall then rule whether national law or territorial law takes precedence in a specific case by a simple majority vote.


VI – Rights of the Citizenry

1) Citizens of Calaverde enjoy the following rights without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.
2) The rights of personal expression and freedom of speech shall not be abridged.
3) The right of each citizen to vote shall not be abridged.
4) The rights of freedom of movement and assembly can only be abridged for the duration of a national emergency as specified in this constitution; and no citizen shall be required to join an organisation.
5) The right to a free press and a free digital media can only be abridged for the duration of a national emergency as specified in this constitution.
6) While recognising the special role of the Roman Catholic Church and the Dutch Reformed Church in the history of Calaverde, the right to freedom of religious expression shall not be abridged, nor may the state pass laws to establish or favour a particular religious belief or lack thereof.
7) The right to securely own property, free from unreasonable search and seizure, shall not be abridged, and even in a national state of emergency a warrant to search private property can only be issued with due cause.
8.) The rights to a fair trial, to avoidance of double jeopardy, and to avoidance of self-incrimination, shall not be abridged.
9) The listing of specific rights in this constitution shall not be construed to deny or restrict other rights that may be held by the citizens of Calaverde.


VII – Amending the Constitution

1) Amendments to the constitution may be submitted by the Legislative House, the Executive Council, and the governments of the autonomous territories.
2) To become law, an amendment must be passed by a two-thirds majority of the Legislative House, a majority of the Executive Council, and at least half of the territorial governments.


VIII - Ratification of the Constitution

1) This constitution shall be considered ratified following a two-thirds vote in favour at the current national constitutional convention.
2) The existing laws of Calaverde shall remain in effect, except where replaced by this constitution, until such time as the Legislative House, Executive Council, National Court, and Constitutional Conventions of the autonomous territories have been elected, at which point the state organs may replace those laws and pass new laws as specified by this constitution.

---------------------------------------------------------------------------------------------------------------------------------------------------------------------




Some quick annotations:

1) The basic idea is to fashion a compromise between the supporters of the former junta - all presumably deeply dismissive of mass democracy and in favour of a strong centralised executive - and left-wing supporters of democratic rights, decentralisation, and territorial autonomy who would be deeply suspicious of a strong executive. So there's a small and powerful executive committee instead of a president, and while the power to unilaterally pass and approve laws (except budgets) rests with the executive committee, and there's provision for declaring a temporary state of emergency, the popularly elected House still retains checking powers over the committee (including the right to choose and remove its members).

2) There's recognition of autonomy for two regions. Adrius is obvious. Misulmapan (and the linguistic recognition of 'Misulmapan') is supposed to be an autonomous indigenous territory in what's RL northeastern coastal Nicaragua that draws on RL linguistic groups in Nicaragua, but without referencing the 'Miskito' who presumably wouldn't exist with that name in this reality.

3) Though it's supposed to be workable and believable, it's not supposed to be RL-perfect, and I can already spot some points of potential tension that the framers of this constitution might not have thought through properly (notably the provisions on resolving conflicts between national and territorial law). But then what RL constitution is perfect?

4) The selection of the annual chair of the Executive Committee by random lot may seem odd, but was was inspired by RL precedent for the election of the Doge of the Venetian Republic, though the version I've come up with for Calaverde is considerably simpler than the original.

5) The collective executive in the form of an executive council was inspired by Switzerland, though in contrast to Switzerland I included a mechanism for a single member of the council to be formally designated as head of state.

5) Truth in advertising moment... while I've taken RL inspiration from a range of sources (including, but not limited to, the Republic of Venice, the Swiss constitution, the Australian constitution & Australian Senate electoral system, the US constitution, and Simon Bolivar's original Bolivarian constitution for Bolivia), there is one small piece of copying from a RL document, but one that I thought would have been appropriate and believable within the RP context of this constitutional process. Part VI, clause 1) ('Rights of the Citizenry') is a deliberate copy of the first sentence of Article 2 of the UN's Universal Declaration of Human Rights.

User avatar
Crylante
Diplomat
 
Posts: 847
Founded: Dec 06, 2016
Civil Rights Lovefest

Postby Crylante » Fri May 01, 2020 9:31 am

Might just tag this, it looks kind of interesting to try at some point.
Crylantian Federation
Social democratic confederation of Latin-Danes, Danes and Finns.
IIWiki
Democratic socialist, green and left-wing populist
Economic Left/Right: -8.63
Social Libertarian/Authoritarian: -7.59

Co-administrator of Aeia and NS Parliament

User avatar
Sancta Romana Ecclesia
Envoy
 
Posts: 253
Founded: Aug 04, 2018
New York Times Democracy

Postby Sancta Romana Ecclesia » Sun May 03, 2020 5:48 am

This looks interesting and just my cup of tea, I'll join :D
Paulus Asteorra

An Enlightened and the Guru of Diplomacy of Karma

Expressed opinions are my own and not Karma's, unless otherwise noted.

User avatar
Kowani
Postmaster of the Fleet
 
Posts: 22272
Founded: Apr 01, 2018
Democratic Socialists

Postby Kowani » Sun May 03, 2020 9:57 am

Oh, this looks fun.
Spanish Atheist.
“The rocks were covered with blackbirds and there were the Geirfugles ... They walked slowly. Jón Brandsson crept up with his arms open. The bird that Jón got went into a corner but mine was going to the edge of the cliff. It walked like a man ... but moved its feet quickly. [I] caught it close to the edge – a precipice many fathoms deep. Its wings lay close to the sides – not hanging out. I took him by the neck and he flapped his wings. He made no cry. I strangled him.

User avatar
Shantigara
Lobbyist
 
Posts: 11
Founded: Jul 14, 2019
Ex-Nation

Postby Shantigara » Mon May 11, 2020 12:48 pm

For the lack of time I withdraw
Shāntigāra, from Sanskrit śāntisya agāram ("house of peace").


Advertisement

Remove ads

Return to Arts & Fiction

Who is online

Users browsing this forum: Google [Bot], The Islands of Versilia

Advertisement

Remove ads