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New Tuva SSR
Minister
 
Posts: 2367
Founded: Aug 31, 2014
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Postby New Tuva SSR » Sun Feb 26, 2017 3:39 pm

Tectonix wrote:
National Judiciary Act
Sponsor: Alexios Viel (RGA - Tectonix)
Co-Sponsors:

An Act of the Senate to make provision for the establishment of the National Judiciary, and all that entails.

BE IT THEREFORE ENACTED by the Head of the State, by and with the counsel of the Government, and the authority of the Senate by virtue of the powers placed upon it by the Law, as follows:



§1 - The High Court:
  1. The High Court of Fernão shall be the highest judicial authority in the nation, of which all appellate cases are resolved.
  2. The High Court is to be a congregation of four Affiliate Justices, and one Chief Justice, appointed by the President or equivalent head of government thereof; with the advice and consent of the Senate.
  3. All High Court decisions are decided by a majority of the five justices.
  4. Any legislation brought to the floor of the Senate, either from a Senator or the President/equivalent head of government thereof, is to be reviewed by the High Court so as to ensure the constitutionality of the provisions of said legislation.
    1. If the High Court finds a provision or multiple provisions that violate the Constitution, they shall send an appropriate Transmission of Unconstitutionality to the Senate, so as they can remove the legislation from the floor. However, the Senate is not immediately obligated to do so.
    2. If the Senate chooses to ignore the Transmission of Unconstitutionality and passes the bill, the High Court reserves the right to issue a Writ of Interdiction that nullifies the bill.
  5. The High Court's proceedings, along with the five aforementioned justices, will include a clerk, graphic artist and parliamentarian (with the High Court Parliamentarian being appointed by the Justices of the High Court to serve as a procedural adviser to the present defendant(s) and plaintiff(s)).
  6. The building in which the High Court shall meet shall be within the city limits of Fernão's capital, Fortaleza.
  7. The High Court reserves the right to choose what cases it wishes to hear; the Senate reserves the right to pass a bill, however, forcing the High Court to hear a specific case, pursuant to the fact that the High Court is not already hearing a case.
  8. The High Court's internal proceedings are to be mirrored off the procedures of the United States Supreme Court, with any discrepancies or need for a change in rules up to the discretion of the Chief Justice.


§2 – Federal Court of Appeals:
  1. The Federal Court of Appeals shall be an appellate court, hearing appeals from all Fernãoan State Circuit Courts. The Court will consist of three magistrates, whom will preside over all hearings and present their verdict by a majority of them.
  2. A Writ of Appealment, signed by the party that was not ruled in favour of and approved by one of the magistrates, makes the case eligible for appeal to the High Court.
  3. The Federal Court of Appeals' internal proceedings are to be mirrored off the procedures of the United States Federal Circuit Court of Appeals, with any discrepancies or need for a change in rules up to the discretion of the three magistrates, with any disputes resolved by a majority vote amongst themselves.


§3 – Fernãoan State Circuit Courts:
  1. The Fernãoan State Circuit Courts shall be the primary civil and criminal courts of the nation, with one to three of them, at the discretion of the Senate, in every state and territory.
  2. A State Circuit Court shall be presided upon by a judge, appointed by the state's Governor or equivalent thereof, and a jury of eleven people randomly selected from the state in which the crime occurred, with no discrimination allowed on the basis of race, religion or sexual orientation.
  3. The internal proceedings of the State Circuit Court shall be mirrored of the United States District Courts, with any discrepancies or need for a change in rules up to the discretion of the judge.

Questions? Comments? Concerns?
Tectonix wrote:
Labour Protection Act
Sponsor: Alexios Viel (RGA - Tectonix)
Co-Sponsors:

An Act of the Senate to make provision for the establishment of the Office of Labour Safety, along with Labour and Workers' Rights, and all that entails.

BE IT THEREFORE ENACTED by the Head of the State, by and with the counsel of the Government, and the authority of the Senate by virtue of the powers placed upon it by the Law, as follows:



§1 – Definitions:
  1. Employee (interchangeable with Worker and Labourer)—any person whom is hired for a wage, salary, fee or payment to perform a type of service/work for an employer.
  2. Employer— a person contractually bound to their worker - the employee(s) - to provide them with money in the form of wages or salaries, as an exchange for the ongoing work of the employee(s); the employer retains the right of directing the work and fundamental control over said work.
  3. Workers' Compensation—an insurance agreement between an employer and employee, stating that if said employee is injured while performing work for the employer, the employer is obligated to provide wage replacement and medical benefits, with the employee relinquishing their right to sue their employer for any perceived tort of negligence.
  4. Workplace—any location in which workers are performing work/task(s).
  5. Primary Contractor (interchangeable with First-level Contractor)—a person who agrees to undertake to carry out all or part of a job for the benefit of the employer and themselves in the form of stipend from the employer.
  6. Secondary Contractor (interchangeable with subcontractor)—a person who makes an agreement with a first level contractor by undertaking to carry out all or part of a job under the responsibility of the first level contractor for the benefit of the employer, and shall also mean a person who makes an agreement with a secondary contractor to undertake a sub-contracted job under the responsibility of the secondary contractory, regardless of how many stages of sub-contract there may be.
  7. Employment Agreement—a written or verbal agreement which is clearly stated, where a person referred to as the employee agrees to do work for another person referred to as the employer, and the employer agrees to pay a wage throughout the period of work.
  8. Workday—the amount of time in a day fixed for an employee to do normal work.
  9. Workweek—the days of Monday, Tuesday, Wednesday, Thursday and Friday, in which employees are to do normal work, unless otherwise stated in the Employment Agreement.
  10. Holiday—a day fixed for an employee as a weekly holiday, a traditional holiday or an annual holiday.
  11. Concessionary Absence—a day or number of days on which an employee takes: medical leave; leave for the purpose of essential business (which must be approved by the employer); leave for the purpose of military service; leave for the purpose of training or development of knowledge and competence; or maternity leave.
  12. Wage—the amount of money which an employer and an employee agree on as stipend for completion of the work under the employment agreement for the normal working period, based on an hourly, daily, weekly, monthly or other period of time, or which is paid according to the amount of work achieved by the employee during the normal working hours of a working day, and shall also mean the amount of money which an emloyer pays to an employee on a holiday and a leave day on which the employee did not perform any work but for which the employee is entitled to receive payment under this Act.
  13. Salary—a fixed amount in each pay period, with the total of these fixed payments over a full year summing to the amount of the salary. This person is considered to be an "exempt" employee. There is no linkage between the amount paid and the number of hours worked.
  14. Minimum Wage—the hourly wage prescribed by the appropriate body, defined by the Senate.
  15. Overtime—work on a working day or holiday, outside or in excess of the normal working hours or in excess of the number of working hours in each day agreed on between an employer and employee in the Employment Agreement, whichever the case may be.
  16. Overtime Pay—the money which an employer pays to an employee as payment for overtime on a working day.
  17. Compensation Payment—the money which an employer pays to an employee upon termination of employment over and above other categories of money which the employer has agreed to pay to the employee.
  18. Labour Union—an organized consociation of workers formed to protect and further their rights and interests.
  19. Labour Law—any legal law or legislation that pertains to anything related to the work life of a person.



§2 – Establishment of Workers' Rights:
  1. All employers are to be legally liable for the continued welfare and health of their employee(s), unless otherwise specifically stated in an agreement of Workers' Compensation.
  2. The workplace is to always be free of—
    1. Biological contaminants that can jeopardize the health of the worker(s), including but not explicitly: diseases, mold, parasites, waterborne illnesses, amoebae and disease-carrying insects and animals.
    2. Chemical contaminants that are not specifically labelled or previously-known-of in a comprehensible way, or were already present, including but not explicitly: flammable substances, exothermic-reacting and endothermic-reacting substances (to a degree that could pose a threat to the health and welfare of the worker(s)), ionizing radiation without adequate protection, toxic gases (ex: hydrogen sulfide, carbon monoxide, etc.), asbestos and asbestos-like substances and corrosive substances.
    3. Environmental threats that can jeopardize the health of the worker(s), including but not explicitly: temperatures above 38 degrees Celsius and below -18 degrees Celsius (unless explicitly stated and agreed to in the Employment Agreement), natural disaster factors (ex: tornadoes, floods, forest fires, maelstroms, earthquakes, waterspouts, hurricanes, sandstorms) unless previously agreed to.
  3. No employee shall be permitted to employ any person below the age of fifteen, effectively defined as Child Labour. Violation of this shall be listed as a federal crime punishable by ten years or more in prison.
  4. No employer may be penalized in any way, shape or form by anyone else, including their employer and their associates, for joining, founding or in any way participating in a labour union.


§3 – The Office of Labour Safety
  1. The Office of Labour Safety is to be the governmental worker, workplace and workers' right authority for all of Fernão, charged with routinely inspecting workplaces through Inspection Officers, ensuring the adherence to labour laws and establishing a minimum wage, among other things.
  2. The OLS is to be headed by a Director, appointed by the President and the advice and consent of the Senate, whom bears the responsibility to appoint a Deputy Director to assist in overseeing the Office, appointing any OLS department officers, approving the hiring of Inspection Officers.
Reposted with Wages Board removed.


Sponsor both, Senator Akhil Rajiva, Fernãoan Progress Party.
Lykens wrote:You win at life.

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The Liberated Territories
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Posts: 11864
Founded: Dec 03, 2013
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Postby The Liberated Territories » Sun Feb 26, 2017 3:40 pm

Arkolon wrote:Adapted from NWO's constitution, this Constitution is designed to face NWO's in an adversarial vote. This one proposes a Westminster-style government while NWO's proposes a presidential system.


A Constitution for Fernão
Author: L. A. Galhimar (LO)
Sponsors: |
An act establishing the government, resembling a constitution.

Article I: Principles
  1. The parliament has supreme sovereignty.
  2. The name of the state is the Republic of Fernão.
  3. This constitution may be amended by a simple majority.
  4. Every person has the freedom of speech, press, assembly and to be equally protected by the laws.
  5. The legislature shall make laws.
  6. The judiciary shall interpret laws and resolve disputes.
  7. Any person born in Fernão or with parents of Fernãoese citizenship shall be a citizen of Fernão. The legislature may set guidelines for naturalization.

Article II: The Parliament
  1. The legislature shall consist of the Parliament, which shall pass laws.
  2. With four sponsors and an author a bill may be considered.
  3. The Parliament shall have the power to set its own rules and select its own officers.
  4. The Parliament shall be the judge of the elections of its members.
  5. Elections to Parliament shall be held at least once a month or until Parliament is dissolved, whatever comes first.
  6. Members of the Cabinet shall be members of the Parliament.
  7. The Cabinet shall execute laws.
  8. The Cabinet shall be headed by the Prime Minister, who will act as head of government. The Prime Minister shall have the exclusive power to submit budgets.
  9. The President must hold the confidence of the Parliament. Votes of confidence can happen only once every two weeks.
  10. The Parliament shall exclusively have the power to declare war, to set the law, to ratify treaties, to approve the budget and to confirm judicial appointments.

Article III: The Executive
  1. The President of Fernão shall serve as head of state. The President shall hold no other office in the government.
  2. The President shall be elected together in a nationwide election with universal suffrage for those over the age of 18 to serve a two-month term.
  3. A Vice President shall be elected alongside the President on the same campaign ticket. The Vice President shall have the power to break ties in the Parliament and shall automatically ascend to the Office of the Presidency should the President die, be impeached, or be rendered otherwise incapable of fulfilling his duties.
  4. The President shall serve as commander-in-chief, chief executive and chief diplomat. The President shall have the exclusive power to appoint judges.
  5. The President shall have the power to veto legislation passed by the Parliament. The Parliament can override the veto of the President with a 2/3 majority.
  6. The President may be impeached by 3/5 the Senate, tried by the Parliament, removed from office for misconduct or incompetence by 2/3 of the Parliament.

Article IV: The Judiciary
a. A Supreme Court of Fernão shall resolve disputes between states, disputes within the parliament, disputes between branches of the federal government, and interpret laws.
b. The parliament may ordain lower courts as it sees fit.

Article V: The States
  1. The borders of states shall be drawn by a commission appointed by the President according to natural geographical features, historical boundaries, and accommodating populations.
  2. Members of Parliament shall be elected in each month on a statewide party-list ticket.
  3. Each state shall have a unicameral Assembly, responsible for levying state taxes, establishing and managing hospitals, prisons and schools, and regulating commerce within their jurisdictions, marriage, property and civil rights.
  4. Each state shall elect an executive Governor and Deputy Governor, who shall execute the laws of the state and serve for two months.
  5. Assembly members shall be elected in constituencies drawn by a commission appointed by the Governor monthly.
  6. States shall have the power to establish municipalities and local governments.


Edit 1: Added veto power for the President and the ability for the Parliament to override said veto.


I'm a bit iffy on the "rights" granted to each state, but I assume it would be better than giving the entire federation that ability. Also, a "simple majority" to amend the constitution is not enough for me. But I can over look both.

Sponsor, Chandra Deepak, (LET).
Last edited by The Liberated Territories on Sun Feb 26, 2017 3:40 pm, edited 1 time in total.
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Arkolon
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Posts: 9498
Founded: May 04, 2013
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Postby Arkolon » Sun Feb 26, 2017 3:40 pm

Roosevetania wrote:
Arkolon wrote:Adapted from NWO's constitution, this Constitution is designed to face NWO's in an adversarial vote. This one proposes a Westminster-style government while NWO's proposes a presidential system.


A Constitution for Fernão
Author: L. A. Galhimar (LO)
Sponsors: |
An act establishing the government, resembling a constitution.

Article I: Principles
  1. The parliament has supreme sovereignty.
  2. The name of the state is the Republic of Fernão.
  3. This constitution may be amended by a simple majority.
  4. Every person has the freedom of speech, press, assembly and to be equally protected by the laws.
  5. The legislature shall make laws.
  6. The judiciary shall interpret laws and resolve disputes.
  7. Any person born in Fernão or with parents of Fernãoese citizenship shall be a citizen of Fernão. The legislature may set guidelines for naturalization.

Article II: The Parliament
  1. The legislature shall consist of the Parliament, which shall pass laws.
  2. With four sponsors and an author a bill may be considered.
  3. The Parliament shall have the power to set its own rules and select its own officers.
  4. The Parliament shall be the judge of the elections of its members.
  5. Elections to Parliament shall be held at least once a month or until Parliament is dissolved, whatever comes first.
  6. Members of the Cabinet shall be members of the Parliament.
  7. The Cabinet shall execute laws.
  8. The Cabinet shall be headed by the Prime Minister, who will act as head of government. The Prime Minister shall have the exclusive power to submit budgets.
  9. The President must hold the confidence of the Parliament. Votes of confidence can happen only once every two weeks.
  10. The Parliament shall exclusively have the power to declare war, to set the law, to ratify treaties, to approve the budget and to confirm judicial appointments.

Article III: The Executive
  1. The President of Fernão shall serve as head of state. The President shall hold no other office in the government.
  2. The President shall be elected together in a nationwide election with universal suffrage for those over the age of 18 to serve a two-month term.
  3. A Vice President shall be elected alongside the President on the same campaign ticket. The Vice President shall have the power to break ties in the Parliament and shall automatically ascend to the Office of the Presidency should the President die, be impeached, or be rendered otherwise incapable of fulfilling his duties.
  4. The President shall serve as commander-in-chief, chief executive and chief diplomat. The President shall have the exclusive power to appoint judges.
  5. The President shall have the power to veto legislation passed by the Parliament. The Parliament can override the veto of the President with a 2/3 majority.
  6. The President may be impeached by 3/5 the Senate, tried by the Parliament, removed from office for misconduct or incompetence by 2/3 of the Parliament.

Article IV: The Judiciary
a. A Supreme Court of Fernão shall resolve disputes between states, disputes within the parliament, disputes between branches of the federal government, and interpret laws.
b. The parliament may ordain lower courts as it sees fit.

Article V: The States
  1. The borders of states shall be drawn by a commission appointed by the President according to natural geographical features, historical boundaries, and accommodating populations.
  2. Members of Parliament shall be elected in each month on a statewide party-list ticket.
  3. Each state shall have a unicameral Assembly, responsible for levying state taxes, establishing and managing hospitals, prisons and schools, and regulating commerce within their jurisdictions, marriage, property and civil rights.
  4. Each state shall elect an executive Governor and Deputy Governor, who shall execute the laws of the state and serve for two months.
  5. Assembly members shall be elected in constituencies drawn by a commission appointed by the Governor monthly.
  6. States shall have the power to establish municipalities and local governments.


Edit 1: Added veto power for the President and the ability for the Parliament to override said veto.

The name of the legislature should be the Senate, as we can't change the fact that we are traditionally the NSG Senate. Or the NationStates Senate. Or the Senate. Whichever one, we're a Senate. Also, in Article II.h, it references "the Prime Minister." Change to President.

Other than those things, sponsor.

And Tectonix, I support your Labour Protection Act (not yet a sponsor). Under the Labour Protection Act, could the parliament/senate/legislature still raise the minimum wage?

The roleplay is called a Senate, but we have had legislatures that were not Senates many times before. I think having a Parliament makes more sense given that this is a Westminster-style government, so fits more closely to tradition. A Senate is traditionally for countries that have a bicameral system (with the Senate being a ruling, or at least more entrenched class) or elect Senators that deliberately represent States. We have states and we have a unicameral legislature, but the elected representatives are supposed to represent the people, not the states. Parliament works better in this case, in my opinion. Also, II.h is deliberate - the head of state (President) and the head of government (Prime Minister) are two distinct offices.

Do you still want to sponsor?
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Roosevetania
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Posts: 667
Founded: Jan 08, 2016
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Postby Roosevetania » Sun Feb 26, 2017 3:40 pm

New Tuva SSR wrote:

The Military Act

Sponsor: Senator Akhil Rajiva (FPP)
Co-Sponsors:
An amendment to establish an official military for Fernão, and the protocols for the event of an armed conflict.

Section 1: Definitions
Military- The Armed Forces of a nation.

Section 2: Establishment
The military of Fernão will be named the Fernãoan Defense Force, or FDF. It will be split into three branches: Fernãoan Army (FA), Fernãoan Navy (FN), and the Fernãoan Air Force (FAF). The Commander-in-Chief of the FDF will be the President of Fernão, who will appoint a Minister of Defense to oversee the generality of the FDF.

Section 3: Protocols for Armed Conflict
For the nation of Fernão to legally go to war and utilize the FDF, it must gain a 2/3rds majority in the Senate, followed by the approval of the President and Minister of Defense, who will deem it either justified or not so. If so, the President officially declares war, and if not, a 5/6ths majority is necessary to override his command.

Section 4: Rankings
The ranks of the FDF will be based directly on that of the United States Armed Forces, well known around the world for orderliness and easily recognizable. NATO callsigns will be used in times where they are necessary.

Section 5: Langauges
Direct military orders will be sent in only two languages, Fernãoan Portuguese and Fernãoan Hindi. When FDF soldiers are confronted or must speak with foreign soldiers, they will use English or whatever language the foreigners speak, most likely one of the official languages of our nation.


Senator Rajiva asks for Sponsors and any questions they may have.

The establishment of our Armed Forces should take more than this. This bill contains eleven sentences, counting the definitions and subject, by my count.
Last edited by Roosevetania on Sun Feb 26, 2017 3:42 pm, edited 1 time in total.
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New Tuva SSR
Minister
 
Posts: 2367
Founded: Aug 31, 2014
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Postby New Tuva SSR » Sun Feb 26, 2017 3:43 pm

Roosevetania wrote:
New Tuva SSR wrote:

The Military Act

Sponsor: Senator Akhil Rajiva (FPP)
Co-Sponsors:
An amendment to establish an official military for Fernão, and the protocols for the event of an armed conflict.

Section 1: Definitions
Military- The Armed Forces of a nation.

Section 2: Establishment
The military of Fernão will be named the Fernãoan Defense Force, or FDF. It will be split into three branches: Fernãoan Army (FA), Fernãoan Navy (FN), and the Fernãoan Air Force (FAF). The Commander-in-Chief of the FDF will be the President of Fernão, who will appoint a Minister of Defense to oversee the generality of the FDF.

Section 3: Protocols for Armed Conflict
For the nation of Fernão to legally go to war and utilize the FDF, it must gain a 2/3rds majority in the Senate, followed by the approval of the President and Minister of Defense, who will deem it either justified or not so. If so, the President officially declares war, and if not, a 5/6ths majority is necessary to override his command.

Section 4: Rankings
The ranks of the FDF will be based directly on that of the United States Armed Forces, well known around the world for orderliness and easily recognizable. NATO callsigns will be used in times where they are necessary.

Section 5: Langauges
Direct military orders will be sent in only two languages, Fernãoan Portuguese and Fernãoan Hindi. When FDF soldiers are confronted or must speak with foreign soldiers, they will use English or whatever language the foreigners speak, most likely one of the official languages of our nation.


Senator Rajiva asks for Sponsors and any questions they may have.

The establishment of our Armed Forces should take more than this. This bill contains eleven sentences, counting the definitions and subject, by my count.

As does the section for our proposed Executive Branch. What is your point? I am open to questioning.
Last edited by New Tuva SSR on Sun Feb 26, 2017 3:43 pm, edited 1 time in total.
Lykens wrote:You win at life.

Sankarist, Libertarian Socialist, antifa
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Economic Left/Right: -9.88
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Pro: Democratic Socialism, anarcho-syndicalism, DeLeonism (some parts), direct democracy, universal healthcare, green politics, Die Linke, Palestine, Paris Climate Agreement, decentralized production, Corbynite Labour
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Vanadrene
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Postby Vanadrene » Sun Feb 26, 2017 3:43 pm

I move to sponsor the Labour Protection Act.
☭ REVOLUTION, NOTHING LESS ☭
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Tectonix
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Postby Tectonix » Sun Feb 26, 2017 3:45 pm

Vanadrene wrote:I move to sponsor the Labour Protection Act.

It's okay mate, we are pretty OOC here. But still, thanks.

May I also interest you in my National Judiciary Act, or just stick with the LPA? Both is fine.
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Vanadrene
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Postby Vanadrene » Sun Feb 26, 2017 3:47 pm

Tectonix wrote:
Vanadrene wrote:I move to sponsor the Labour Protection Act.

It's okay mate, we are pretty OOC here. But still, thanks.

May I also interest you in my National Judiciary Act, or just stick with the LPA? Both is fine.


I see no reason to oppose that Act, so I will happily co-sponsor.
☭ REVOLUTION, NOTHING LESS ☭
"Religion is the doctrine of submission - blind obedience; Marxism is the doctrine of rebellion - ever more conscious rebellion" - Bob Avakian
"It is right to rebel against reactionaries" - Mao Zedong

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Great Nepal
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Founded: Jan 11, 2010
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Postby Great Nepal » Sun Feb 26, 2017 3:49 pm

Arkolon wrote:Adapted from NWO's constitution, this Constitution is designed to face NWO's in an adversarial vote. This one proposes a Westminster-style government while NWO's proposes a presidential system.


A Constitution for Fernão
Author: L. A. Galhimar (LO, Arkolon)
Sponsors: Jiang Shu (LET, Merizoc), Mario Cerce (RGA, The New World Oceania), (CAP, The Liberated Territories), (RGA, Arachaea) |
An act establishing the government, resembling a constitution.

Article I: Principles
  1. The parliament has supreme sovereignty.
  2. The name of the state is the Republic of Fernão.
  3. This constitution may be amended by a simple majority.
  4. Every person has the freedom of speech, press, assembly and to be equally protected by the laws.
  5. The legislature shall make laws.
  6. The judiciary shall interpret laws and resolve disputes.
  7. Any person born in Fernão or with parents of Fernãoese citizenship shall be a citizen of Fernão. The legislature may set guidelines for naturalization.

Article II: The Parliament
  1. The legislature shall consist of the Parliament, which shall pass laws.
  2. With four sponsors and an author a bill may be considered.
  3. The Parliament shall have the power to set its own rules and select its own officers.
  4. The Parliament shall be the judge of the elections of its members.
  5. Elections to Parliament shall be held at least once a month or until Parliament is dissolved, whatever comes first.
  6. Members of the Cabinet shall be members of the Parliament.
  7. The Cabinet shall execute laws.
  8. The Cabinet shall be headed by the Prime Minister, who will act as head of government. The Prime Minister shall have the exclusive power to submit budgets.
  9. The President must hold the confidence of the Parliament. Votes of confidence can happen only once every two weeks.
  10. The Parliament shall exclusively have the power to declare war, to set the law, to ratify treaties, to approve the budget and to confirm judicial appointments.

Article III: The Executive
  1. The President of Fernão shall serve as head of state. The President shall hold no other office in the government.
  2. The President shall be elected together in a nationwide election with universal suffrage for those over the age of 18 to serve a two-month term.
  3. A Vice President shall be elected alongside the President on the same campaign ticket. The Vice President shall have the power to break ties in the Parliament and shall automatically ascend to the Office of the Presidency should the President die, be impeached, or be rendered otherwise incapable of fulfilling his duties.
  4. The President shall serve as commander-in-chief, chief executive and chief diplomat. The President shall have the exclusive power to appoint judges.
  5. The President shall have the power to veto legislation passed by the Parliament. The Parliament can override the veto of the President with a 2/3 majority.
  6. The President may be impeached by 3/5 the Senate, tried by the Parliament, removed from office for misconduct or incompetence by 2/3 of the Parliament.

Article IV: The Judiciary
a. A Supreme Court of Fernão shall resolve disputes between states, disputes within the parliament, disputes between branches of the federal government, and interpret laws.
b. The parliament may ordain lower courts as it sees fit.

Article V: The States
  1. The borders of states shall be drawn by a commission appointed by the President according to natural geographical features, historical boundaries, and accommodating populations.
  2. Members of Parliament shall be elected in each month on a statewide party-list ticket.
  3. Each state shall have a unicameral Assembly, responsible for levying state taxes, establishing and managing hospitals, prisons and schools, and regulating commerce within their jurisdictions, marriage, property and civil rights.
  4. Each state shall elect an executive Governor and Deputy Governor, who shall execute the laws of the state and serve for two months.
  5. Assembly members shall be elected in constituencies drawn by a commission appointed by the Governor monthly.
  6. States shall have the power to establish municipalities and local governments.


Edit 1: Added veto power for the President and the ability for the Parliament to override said veto.
Edit 2: Added four sponsors. Ready to go to the depository, I believe.

For OOC purposes it might be better to make state legislature and federal legislature with the same members - that way same characters are both members of state and federal legislature and gives rp opportunity. Anyways sponsor.
Last edited by Great Nepal on Sun Nov 29, 1995 7:02 am, edited 1 time in total.


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The Westenian Union
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Posts: 154
Founded: May 18, 2016
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Postby The Westenian Union » Sun Feb 26, 2017 3:50 pm

The Liberated Territories wrote:
Arkolon wrote:Adapted from NWO's constitution, this Constitution is designed to face NWO's in an adversarial vote. This one proposes a Westminster-style government while NWO's proposes a presidential system.


A Constitution for Fernão
Author: L. A. Galhimar (LO)
Sponsors: |
An act establishing the government, resembling a constitution.

Article I: Principles
  1. The parliament has supreme sovereignty.
  2. The name of the state is the Republic of Fernão.
  3. This constitution may be amended by a simple majority.
  4. Every person has the freedom of speech, press, assembly and to be equally protected by the laws.
  5. The legislature shall make laws.
  6. The judiciary shall interpret laws and resolve disputes.
  7. Any person born in Fernão or with parents of Fernãoese citizenship shall be a citizen of Fernão. The legislature may set guidelines for naturalization.

Article II: The Parliament
  1. The legislature shall consist of the Parliament, which shall pass laws.
  2. With four sponsors and an author a bill may be considered.
  3. The Parliament shall have the power to set its own rules and select its own officers.
  4. The Parliament shall be the judge of the elections of its members.
  5. Elections to Parliament shall be held at least once a month or until Parliament is dissolved, whatever comes first.
  6. Members of the Cabinet shall be members of the Parliament.
  7. The Cabinet shall execute laws.
  8. The Cabinet shall be headed by the Prime Minister, who will act as head of government. The Prime Minister shall have the exclusive power to submit budgets.
  9. The President must hold the confidence of the Parliament. Votes of confidence can happen only once every two weeks.
  10. The Parliament shall exclusively have the power to declare war, to set the law, to ratify treaties, to approve the budget and to confirm judicial appointments.

Article III: The Executive
  1. The President of Fernão shall serve as head of state. The President shall hold no other office in the government.
  2. The President shall be elected together in a nationwide election with universal suffrage for those over the age of 18 to serve a two-month term.
  3. A Vice President shall be elected alongside the President on the same campaign ticket. The Vice President shall have the power to break ties in the Parliament and shall automatically ascend to the Office of the Presidency should the President die, be impeached, or be rendered otherwise incapable of fulfilling his duties.
  4. The President shall serve as commander-in-chief, chief executive and chief diplomat. The President shall have the exclusive power to appoint judges.
  5. The President shall have the power to veto legislation passed by the Parliament. The Parliament can override the veto of the President with a 2/3 majority.
  6. The President may be impeached by 3/5 the Senate, tried by the Parliament, removed from office for misconduct or incompetence by 2/3 of the Parliament.

Article IV: The Judiciary
a. A Supreme Court of Fernão shall resolve disputes between states, disputes within the parliament, disputes between branches of the federal government, and interpret laws.
b. The parliament may ordain lower courts as it sees fit.

Article V: The States
  1. The borders of states shall be drawn by a commission appointed by the President according to natural geographical features, historical boundaries, and accommodating populations.
  2. Members of Parliament shall be elected in each month on a statewide party-list ticket.
  3. Each state shall have a unicameral Assembly, responsible for levying state taxes, establishing and managing hospitals, prisons and schools, and regulating commerce within their jurisdictions, marriage, property and civil rights.
  4. Each state shall elect an executive Governor and Deputy Governor, who shall execute the laws of the state and serve for two months.
  5. Assembly members shall be elected in constituencies drawn by a commission appointed by the Governor monthly.
  6. States shall have the power to establish municipalities and local governments.


Edit 1: Added veto power for the President and the ability for the Parliament to override said veto.


I'm a bit iffy on the "rights" granted to each state, but I assume it would be better than giving the entire federation that ability. Also, a "simple majority" to amend the constitution is not enough for me. But I can over look both.

Sponsor, Chandra Deepak, (LET).

I will also sponsor said bill. Lucas Jansen (Federal Unionist Party)
Senator Lucas Jansen
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Centrism, Christianity, religion in general, open-mindedness, America, EU, NATO, John Kasich, electoral reform

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Arkolon
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Posts: 9498
Founded: May 04, 2013
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Postby Arkolon » Sun Feb 26, 2017 3:54 pm

Great Nepal wrote:
Arkolon wrote:Adapted from NWO's constitution, this Constitution is designed to face NWO's in an adversarial vote. This one proposes a Westminster-style government while NWO's proposes a presidential system.


A Constitution for Fernão
Author: L. A. Galhimar (LO, Arkolon)
Sponsors: Jiang Shu (LET, Merizoc), Mario Cerce (RGA, The New World Oceania), (CAP, The Liberated Territories), (RGA, Arachaea) |
An act establishing the government, resembling a constitution.

Article I: Principles
  1. The parliament has supreme sovereignty.
  2. The name of the state is the Republic of Fernão.
  3. This constitution may be amended by a simple majority.
  4. Every person has the freedom of speech, press, assembly and to be equally protected by the laws.
  5. The legislature shall make laws.
  6. The judiciary shall interpret laws and resolve disputes.
  7. Any person born in Fernão or with parents of Fernãoese citizenship shall be a citizen of Fernão. The legislature may set guidelines for naturalization.

Article II: The Parliament
  1. The legislature shall consist of the Parliament, which shall pass laws.
  2. With four sponsors and an author a bill may be considered.
  3. The Parliament shall have the power to set its own rules and select its own officers.
  4. The Parliament shall be the judge of the elections of its members.
  5. Elections to Parliament shall be held at least once a month or until Parliament is dissolved, whatever comes first.
  6. Members of the Cabinet shall be members of the Parliament.
  7. The Cabinet shall execute laws.
  8. The Cabinet shall be headed by the Prime Minister, who will act as head of government. The Prime Minister shall have the exclusive power to submit budgets.
  9. The President must hold the confidence of the Parliament. Votes of confidence can happen only once every two weeks.
  10. The Parliament shall exclusively have the power to declare war, to set the law, to ratify treaties, to approve the budget and to confirm judicial appointments.

Article III: The Executive
  1. The President of Fernão shall serve as head of state. The President shall hold no other office in the government.
  2. The President shall be elected together in a nationwide election with universal suffrage for those over the age of 18 to serve a two-month term.
  3. A Vice President shall be elected alongside the President on the same campaign ticket. The Vice President shall have the power to break ties in the Parliament and shall automatically ascend to the Office of the Presidency should the President die, be impeached, or be rendered otherwise incapable of fulfilling his duties.
  4. The President shall serve as commander-in-chief, chief executive and chief diplomat. The President shall have the exclusive power to appoint judges.
  5. The President shall have the power to veto legislation passed by the Parliament. The Parliament can override the veto of the President with a 2/3 majority.
  6. The President may be impeached by 3/5 the Senate, tried by the Parliament, removed from office for misconduct or incompetence by 2/3 of the Parliament.

Article IV: The Judiciary
a. A Supreme Court of Fernão shall resolve disputes between states, disputes within the parliament, disputes between branches of the federal government, and interpret laws.
b. The parliament may ordain lower courts as it sees fit.

Article V: The States
  1. The borders of states shall be drawn by a commission appointed by the President according to natural geographical features, historical boundaries, and accommodating populations.
  2. Members of Parliament shall be elected in each month on a statewide party-list ticket.
  3. Each state shall have a unicameral Assembly, responsible for levying state taxes, establishing and managing hospitals, prisons and schools, and regulating commerce within their jurisdictions, marriage, property and civil rights.
  4. Each state shall elect an executive Governor and Deputy Governor, who shall execute the laws of the state and serve for two months.
  5. Assembly members shall be elected in constituencies drawn by a commission appointed by the Governor monthly.
  6. States shall have the power to establish municipalities and local governments.


Edit 1: Added veto power for the President and the ability for the Parliament to override said veto.
Edit 2: Added four sponsors. Ready to go to the depository, I believe.

For OOC purposes it might be better to make state legislature and federal legislature with the same members - that way same characters are both members of state and federal legislature and gives rp opportunity. Anyways sponsor.

Where does the bill suggest this would not be possible? I definitely intended it to be a possibility.

Thank you for your sponsors, I'll be sending this off to the depository now!
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Malgrave
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Postby Malgrave » Sun Feb 26, 2017 3:55 pm

I sponsor the Labour Protection Act.
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Tectonix
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Postby Tectonix » Sun Feb 26, 2017 3:58 pm

Malgrave wrote:I sponsor the Labour Protection Act.

Many thanks, mate. Would it be okay if I also put you down for the National Judiciary Act? I believe it only needs one more co-sponsor.
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Great Nepal
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Founded: Jan 11, 2010
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Postby Great Nepal » Sun Feb 26, 2017 4:00 pm

Arkolon wrote:
Great Nepal wrote:Where does the bill suggest this would not be possible? I definitely intended it to be a possibility.

Thank you for your sponsors, I'll be sending this off to the depository now!

I read these as being:
  • Assembly members shall be elected in constituencies drawn by a commission appointed by the Governor monthly.
  • Members of Parliament shall be elected in each month on a statewide party-list ticket.
as being two separate election... correct me if i am wrong there.
Last edited by Great Nepal on Sun Nov 29, 1995 7:02 am, edited 1 time in total.


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Malgrave
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Democratic Socialists

Postby Malgrave » Sun Feb 26, 2017 4:00 pm

Tectonix wrote:
Malgrave wrote:I sponsor the Labour Protection Act.

Many thanks, mate. Would it be okay if I also put you down for the National Judiciary Act? I believe it only needs one more co-sponsor.


sure.
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Population: 331 million
GDP Per Capita: 42,000 dollars
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Arkolon
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Postby Arkolon » Sun Feb 26, 2017 4:03 pm

Great Nepal wrote:
Arkolon wrote:

I read these as being:
  • Assembly members shall be elected in constituencies drawn by a commission appointed by the Governor monthly.
  • Members of Parliament shall be elected in each month on a statewide party-list ticket.
as being two separate election... correct me if i am wrong there.

I misread your first post - it's possible for players to be in both legislatures, yes, but it was indeed deliberate to not have characters be both elected into the national assembly (the Parliament) and the state assembly at the same time. I suppose it would be possible for a character to be elected as an assembly member, from their own constituency, and to then be part of the statewide party-list ticket for their party.
"Revisionism is nothing else than a theoretic generalisation made from the angle of the isolated capitalist. Where does this viewpoint belong theoretically if not in vulgar bourgeois economics?"
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Postby Balochistan and New York » Sun Feb 26, 2017 4:05 pm

The New World Oceania wrote:Will take revisions and sponsors so we can stop operating on a goddamn skeleton government.


A Constitution, For Fernão's Sake
Author: Mario Cerce (RGA)
Sponsors: L. A. Galhimar (LO) | Merizoc (LET) |
An act establishing the government, resembling a constitution.

Article I: Principles
a. The parliament has supreme sovereignty.
b. The name of the state is the Republic of Fernão.
c. This constitution may be amended by a simple majority.
c. Every person has the freedom of speech, press, assembly and to be equally protected by the laws.
d. The parliament shall make laws.
e. The President shall execute laws.
f. The judiciary shall interpret laws and resolve disputes.
g. Any person born in Fernão or with parents of Fernãoese citizenship shall be a citizen of Fernão. The parliament may set guidelines for naturalization.

Article II: The Parliament
a. The parliament shall consist of the Senate, which shall pass laws.
b. With four sponsors and an author a bill may be considered.
c. The Senate shall have the power to set its own rules and select its own officers.
d. The Senate shall be the judge of the elections of its members.
d. Members of the Cabinet shall be members of the Senate.
e. The Senate shall exclusively have the power to declare war, to set the law, to ratify treaties, to approve the budget and to confirm judicial appointments.

Article III: The Executive
a. The President of Fernão shall serve as head of government and head of state. The President shall hold no other office in the government.
b. A Vice President, a member of the Cabinet, shall assist the President and serve as Acting President in their absence and President in their removal. The Vice President shall be President of the Senate.
c. The President shall be elected together in a nationwide election with universal suffrage for those over the age of 18.
d. The President shall appoint a Cabinet of members of the Senate to manage executive agencies and advise the President on policy.
e. The President shall serve as commander-in-chief, chief executive and chief diplomat. The President shall have the exclusive power to submit a budget and to appoint judges.
f. The President may return passed bills to the Senate. If passed again, the bills shall become law.
g. The President may be impeached by 3/5 the Senate, tried by the Senate, removed from office for misconduct or incompetence by 2/3 the Senate. The Cabinet may declare the President temporarily unfit, subject to a decision by the Senate.

Article IV: The Judiciary
a. A Supreme Court of Fernão shall resolve disputes between states, disputes within the parliament, disputes between branches of the federal government, and interpret laws.
b. The parliament may ordain lower courts as it sees fit.

Article V: The States
a. The borders of states shall be drawn by a commission appointed by the President according to natural geographical features, historical boundaries, and accommodating populations.
b. Senators shall be elected in each month on a statewide party-list ticket.
c. Each state shall have a unicameral Assembly, responsible for levying state taxes, establishing and managing hospitals, prisons and schools, and regulating commerce within their jurisdictions, marriage, property and civil rights.
d. Each state shall elect an executive Governor and Deputy Governor, who shall execute the laws of the state and serve for two months.
e. Assembly members shall be elected in constituencies drawn by a commission appointed by the Governor monthly.
f. States shall have the power to establish municipalities and local governments.


This one too.

Resolution Establishing Senate Rules
Author: Mario Cerce (RGA)
Sponsors: Daniel Johnson (RGA) | Bob Shaw (NPP)
A resolution establishing standing rules for the Senate of Fernão.

Rule I: The President
a. In the absence of a constitutional presiding officer, the Senate shall choose a President pro Tempore, who shall hold the office at the pleasure of the Senate.
b. The President of the Senate shall have the right to temporarily appoint a Senator to the chair for a period not exceeding one week.
c. The President shall preserve order and decorum and may direct the Sergeant-at-Arms to assist to this end.
d. The President shall decide all questions of order, subject to appeal by a Senator.
e. The President shall employ all officers and employees of the Senate and the Senate Complex. The President shall have control over the Senate Complex and may issue orders pursuant to this clause.
f. The President shall draft special rules for the Senate's consideration.

Rule II: Weekend Business
a. Beginning every weekend, the President shall lay before the Senate correspondence from other government entities, reports of ad-hoc committees, and petitions and memorials. Then the President shall open voting on:
    i) bills scheduled under a special rule,
    ii) motions to suspend the rules and pass,
    iii) bills on which the Senate has moved to proceed,
    iv) pending amendments to the Constitution,
    v) unanimous consent requests, and
    vi) resolutions over, under the rule.
b. During weekend business, no debate shall be in order.
c. Voting shall last 48 hours. At the conclusion of weekend business, the President shall announce the results of the votes.

Rule III: Motions
a. When a question is being debated, only the following secondary motions may be entertained, with seconds number a majority the votes cast (excluding abstentions) on the week's special rule, with the following precedence:
    i) lay on or take from the table,
    
ii) to postpone,

    iii) to refer, and
    
iv) to amend.
b. The privileged motions and questions of order, privilege, and inquiry shall be in order except during Weekend Business.
c. A motion to proceed on a bill shall be passed immediately with seconds numbering 3/5 the votes cast, excluding abstentions, on the week's special rule. When the motion to proceed is entered, debate shall begin. When the motion to proceed passes, debate shall last until the opening of the next period of weekend business, and the bill on which the Senate has moved to proceed may pass with a simple majority.
d. A motion to suspend the rules and pass a bill shall be in order in the two days preceding the opening of weekend business and shall require a vote of 2/3 to pass.
e. Unanimous consent requests are in order on the final day of each week, and without objection during the period of weekend business may be immediately adopted.
f. Amendments shall receive 24 hours of debate and 24 hours of voting, and must be proposed at least 48 hours before the beginning of weekend business. Amendments to special rule bills must adhere to the restrictions of the respective special rule. Amendments to bills on which it has been moved to proceed are in order from the passage of motion to proceed until the final vote on the measure. Amendments to bills for which it has been moved to suspend the rules and pass must be adopted by unanimous consent, and shall be considered during weekend business.
g. The President of the Senate shall draft a special rule each week, to be voted on during the weekend business preceding the week to which they apply, laying out the schedule for the week and the rules for amendments.
h. No bill shall be considered without four sponsors and authors, combined.
i. All other motions shall be ruled on by the President, subject to an appeal seconded by five members, put to vote during weekend business.

Rule IV: Decorum
a. Remarks directed specifically at another Senator which question that Senator's integrity, honesty, or character are not in order.
b. A Senator will be requested to withdraw offensive remarks, allegations, or accusations of impropriety directed toward another Senator.
c. The use of offensive, provocative or threatening language is strictly forbidden.
d. Personal attacks, insults, and obscenities are not in order.

Effective
a. No rule shall be construed to prohibit anything that, in the OOC opinion of the Admins, is common fucking sense.
b. These rules shall remain effective until amendment or repeal.

Sponsor
Call me Baloch/York for short

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Tectonix
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Postby Tectonix » Sun Feb 26, 2017 4:12 pm

National Judiciary Act
Sponsor: Alexios Viel (RGA - Tectonix)
Co-Sponsors: Akhil Rajiva (FPP - New Tuva SSR) — [Insert Senator Name Here] (Ind. - Vanadrene) — Shim Seo-yeon (RGA - Malgrave)

An Act of the Senate to make provision for the establishment of the National Judiciary, and all that entails.

BE IT THEREFORE ENACTED by the Head of the State, by and with the counsel of the Government, and the authority of the Senate by virtue of the powers placed upon it by the Law, as follows:



§1 - The High Court:
  1. The High Court of Fernão shall be the highest judicial authority in the nation, of which all appellate cases are resolved.
  2. The High Court is to be a congregation of four Affiliate Justices, and one Chief Justice, appointed by the President or equivalent head of government thereof; with the advice and consent of the Senate.
  3. All High Court decisions are decided by a majority of the five justices.
  4. Any legislation brought to the floor of the Senate, either from a Senator or the President/equivalent head of government thereof, is to be reviewed by the High Court so as to ensure the constitutionality of the provisions of said legislation.
    1. If the High Court finds a provision or multiple provisions that violate the Constitution, they shall send an appropriate Transmission of Unconstitutionality to the Senate, so as they can remove the legislation from the floor. However, the Senate is not immediately obligated to do so.
    2. If the Senate chooses to ignore the Transmission of Unconstitutionality and passes the bill, the High Court reserves the right to issue a Writ of Interdiction that nullifies the bill.
  5. The High Court's proceedings, along with the five aforementioned justices, will include a clerk, graphic artist and parliamentarian (with the High Court Parliamentarian being appointed by the Justices of the High Court to serve as a procedural adviser to the present defendant(s) and plaintiff(s)).
  6. The building in which the High Court shall meet shall be within the city limits of Fernão's capital, Fortaleza.
  7. The High Court reserves the right to choose what cases it wishes to hear; the Senate reserves the right to pass a bill, however, forcing the High Court to hear a specific case, pursuant to the fact that the High Court is not already hearing a case.
  8. The High Court's internal proceedings are to be mirrored off the procedures of the United States Supreme Court, with any discrepancies or need for a change in rules up to the discretion of the Chief Justice.


§2 – Federal Court of Appeals:
  1. The Federal Court of Appeals shall be an appellate court, hearing appeals from all Fernãoan State Circuit Courts. The Court will consist of three magistrates, whom will preside over all hearings and present their verdict by a majority of them.
  2. A Writ of Appealment, signed by the party that was not ruled in favour of and approved by one of the magistrates, makes the case eligible for appeal to the High Court.
  3. The Federal Court of Appeals' internal proceedings are to be mirrored off the procedures of the United States Federal Circuit Court of Appeals, with any discrepancies or need for a change in rules up to the discretion of the three magistrates, with any disputes resolved by a majority vote amongst themselves.


§3 – Fernãoan State Circuit Courts:
  1. The Fernãoan State Circuit Courts shall be the primary civil and criminal courts of the nation, with one to three of them, at the discretion of the Senate, in every state and territory.
  2. A State Circuit Court shall be presided upon by a judge, appointed by the state's Governor or equivalent thereof, and a jury of eleven people randomly selected from the state in which the crime occurred, with no discrimination allowed on the basis of race, religion or sexual orientation.
  3. The internal proceedings of the State Circuit Court shall be mirrored of the United States District Courts, with any discrepancies or need for a change in rules up to the discretion of the judge.


Labour Protection Act
Sponsor: Alexios Viel (RGA - Tectonix)
Co-Sponsors: Shim Seo-yeon (RGA - Malgrave) — António Ventura (RGA - Arachaea) — Ritesh Bell (RGA - Roosevetania) — Akhil Rajiva (FPP - New Tuva SSR) — Jayesh Gadhavi (FPP - Socialist Nordia) — [Insert Senator Name Here] (Ind. - Vanadrene)

An Act of the Senate to make provision for the establishment of the Office of Labour Safety, along with Labour and Workers' Rights, and all that entails.

BE IT THEREFORE ENACTED by the Head of the State, by and with the counsel of the Government, and the authority of the Senate by virtue of the powers placed upon it by the Law, as follows:



§1 – Definitions:
  1. Employee (interchangeable with Worker and Labourer)—any person whom is hired for a wage, salary, fee or payment to perform a type of service/work for an employer.
  2. Employer— a person contractually bound to their worker - the employee(s) - to provide them with money in the form of wages or salaries, as an exchange for the ongoing work of the employee(s); the employer retains the right of directing the work and fundamental control over said work.
  3. Workers' Compensation—an insurance agreement between an employer and employee, stating that if said employee is injured while performing work for the employer, the employer is obligated to provide wage replacement and medical benefits, with the employee relinquishing their right to sue their employer for any perceived tort of negligence.
  4. Workplace—any location in which workers are performing work/task(s).
  5. Primary Contractor (interchangeable with First-level Contractor)—a person who agrees to undertake to carry out all or part of a job for the benefit of the employer and themselves in the form of stipend from the employer.
  6. Secondary Contractor (interchangeable with subcontractor)—a person who makes an agreement with a first level contractor by undertaking to carry out all or part of a job under the responsibility of the first level contractor for the benefit of the employer, and shall also mean a person who makes an agreement with a secondary contractor to undertake a sub-contracted job under the responsibility of the secondary contractory, regardless of how many stages of sub-contract there may be.
  7. Employment Agreement—a written or verbal agreement which is clearly stated, where a person referred to as the employee agrees to do work for another person referred to as the employer, and the employer agrees to pay a wage throughout the period of work.
  8. Workday—the amount of time in a day fixed for an employee to do normal work.
  9. Workweek—the days of Monday, Tuesday, Wednesday, Thursday and Friday, in which employees are to do normal work, unless otherwise stated in the Employment Agreement.
  10. Holiday—a day fixed for an employee as a weekly holiday, a traditional holiday or an annual holiday.
  11. Concessionary Absence—a day or number of days on which an employee takes: medical leave; leave for the purpose of essential business (which must be approved by the employer); leave for the purpose of military service; leave for the purpose of training or development of knowledge and competence; or maternity leave.
  12. Wage—the amount of money which an employer and an employee agree on as stipend for completion of the work under the employment agreement for the normal working period, based on an hourly, daily, weekly, monthly or other period of time, or which is paid according to the amount of work achieved by the employee during the normal working hours of a working day, and shall also mean the amount of money which an emloyer pays to an employee on a holiday and a leave day on which the employee did not perform any work but for which the employee is entitled to receive payment under this Act.
  13. Salary—a fixed amount in each pay period, with the total of these fixed payments over a full year summing to the amount of the salary. This person is considered to be an "exempt" employee. There is no linkage between the amount paid and the number of hours worked.
  14. Minimum Wage—the hourly wage prescribed by the appropriate body, defined by the Senate.
  15. Overtime—work on a working day or holiday, outside or in excess of the normal working hours or in excess of the number of working hours in each day agreed on between an employer and employee in the Employment Agreement, whichever the case may be.
  16. Overtime Pay—the money which an employer pays to an employee as payment for overtime on a working day.
  17. Compensation Payment—the money which an employer pays to an employee upon termination of employment over and above other categories of money which the employer has agreed to pay to the employee.
  18. Labour Union—an organized consociation of workers formed to protect and further their rights and interests.
  19. Labour Law—any legal law or legislation that pertains to anything related to the work life of a person.



§2 – Establishment of Workers' Rights:
  1. All employers are to be legally liable for the continued welfare and health of their employee(s), unless otherwise specifically stated in an agreement of Workers' Compensation.
  2. The workplace is to always be free of—
    1. Biological contaminants that can jeopardize the health of the worker(s), including but not explicitly: diseases, mold, parasites, waterborne illnesses, amoebae and disease-carrying insects and animals.
    2. Chemical contaminants that are not specifically labelled or previously-known-of in a comprehensible way, or were already present, including but not explicitly: flammable substances, exothermic-reacting and endothermic-reacting substances (to a degree that could pose a threat to the health and welfare of the worker(s)), ionizing radiation without adequate protection, toxic gases (ex: hydrogen sulfide, carbon monoxide, etc.), asbestos and asbestos-like substances and corrosive substances.
    3. Environmental threats that can jeopardize the health of the worker(s), including but not explicitly: temperatures above 38 degrees Celsius and below -18 degrees Celsius (unless explicitly stated and agreed to in the Employment Agreement), natural disaster factors (ex: tornadoes, floods, forest fires, maelstroms, earthquakes, waterspouts, hurricanes, sandstorms) unless previously agreed to.
  3. No employee shall be permitted to employ any person below the age of fifteen, effectively defined as Child Labour. Violation of this shall be listed as a federal crime punishable by ten years or more in prison.
  4. No employer may be penalized in any way, shape or form by anyone else, including their employer and their associates, for joining, founding or in any way participating in a labour union.


§3 – The Office of Labour Safety
  1. The Office of Labour Safety is to be the governmental worker, workplace and workers' right authority for all of Fernão, charged with routinely inspecting workplaces through Inspection Officers, ensuring the adherence to labour laws and establishing a minimum wage, among other things.
  2. The OLS is to be headed by a Director, appointed by the President and the advice and consent of the Senate, whom bears the responsibility to appoint a Deputy Director to assist in overseeing the Office, appointing any OLS department officers, approving the hiring of Inspection Officers.


Reposted with Co-Sponsors, and Labour Protection Act reached quorum and will be sent to the Repository. As a reminder, the National Judiciary Act is also still up for co-sponsorship.
Last edited by USS Monitor on Sun Feb 26, 2017 5:03 pm, edited 1 time in total.
Reason: misnested tags
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Founded: Oct 05, 2014
Ex-Nation

Postby Argentarino » Sun Feb 26, 2017 4:29 pm

Tectonix wrote:
National Judiciary Act
Sponsor: Alexios Viel (RGA - Tectonix)
Co-Sponsors: Akhil Rajiva (FPP - New Tuva SSR) — [Insert Senator Name Here] (Ind. - Vanadrene) — Shim Seo-yeon (RGA - Malgrave)

An Act of the Senate to make provision for the establishment of the National Judiciary, and all that entails.

BE IT THEREFORE ENACTED by the Head of the State, by and with the counsel of the Government, and the authority of the Senate by virtue of the powers placed upon it by the Law, as follows:



§1 - The High Court:
  1. The High Court of Fernão shall be the highest judicial authority in the nation, of which all appellate cases are resolved.
  2. The High Court is to be a congregation of four Affiliate Justices, and one Chief Justice, appointed by the President or equivalent head of government thereof; with the advice and consent of the Senate.
  3. All High Court decisions are decided by a majority of the five justices.
  4. Any legislation brought to the floor of the Senate, either from a Senator or the President/equivalent head of government thereof, is to be reviewed by the High Court so as to ensure the constitutionality of the provisions of said legislation.
    1. If the High Court finds a provision or multiple provisions that violate the Constitution, they shall send an appropriate Transmission of Unconstitutionality to the Senate, so as they can remove the legislation from the floor. However, the Senate is not immediately obligated to do so.
    2. If the Senate chooses to ignore the Transmission of Unconstitutionality and passes the bill, the High Court reserves the right to issue a Writ of Interdiction that nullifies the bill.
  5. The High Court's proceedings, along with the five aforementioned justices, will include a clerk, graphic artist and parliamentarian (with the High Court Parliamentarian being appointed by the Justices of the High Court to serve as a procedural adviser to the present defendant(s) and plaintiff(s)).
  6. The building in which the High Court shall meet shall be within the city limits of Fernão's capital, Fortaleza.
  7. The High Court reserves the right to choose what cases it wishes to hear; the Senate reserves the right to pass a bill, however, forcing the High Court to hear a specific case, pursuant to the fact that the High Court is not already hearing a case.
  8. The High Court's internal proceedings are to be mirrored off the procedures of the United States Supreme Court, with any discrepancies or need for a change in rules up to the discretion of the Chief Justice.


§2 – Federal Court of Appeals:
  1. The Federal Court of Appeals shall be an appellate court, hearing appeals from all Fernãoan State Circuit Courts. The Court will consist of three magistrates, whom will preside over all hearings and present their verdict by a majority of them.
  2. A Writ of Appealment, signed by the party that was not ruled in favour of and approved by one of the magistrates, makes the case eligible for appeal to the High Court.
  3. The Federal Court of Appeals' internal proceedings are to be mirrored off the procedures of the United States Federal Circuit Court of Appeals, with any discrepancies or need for a change in rules up to the discretion of the three magistrates, with any disputes resolved by a majority vote amongst themselves.


§3 – Fernãoan State Circuit Courts:
  1. The Fernãoan State Circuit Courts shall be the primary civil and criminal courts of the nation, with one to three of them, at the discretion of the Senate, in every state and territory.
  2. A State Circuit Court shall be presided upon by a judge, appointed by the state's Governor or equivalent thereof, and a jury of eleven people randomly selected from the state in which the crime occurred, with no discrimination allowed on the basis of race, religion or sexual orientation.
  3. The internal proceedings of the State Circuit Court shall be mirrored of the United States District Courts, with any discrepancies or need for a change in rules up to the discretion of the judge.


Labour Protection Act
Sponsor: Alexios Viel (RGA - Tectonix)
Co-Sponsors: Shim Seo-yeon (RGA - Malgrave) — António Ventura (RGA - Arachaea) — Ritesh Bell (RGA - Roosevetania) — Akhil Rajiva (FPP - New Tuva SSR) — Jayesh Gadhavi (FPP - Socialist Nordia) — [Insert Senator Name Here] (Ind. - Vanadrene)

An Act of the Senate to make provision for the establishment of the Office of Labour Safety, along with Labour and Workers' Rights, and all that entails.

BE IT THEREFORE ENACTED by the Head of the State, by and with the counsel of the Government, and the authority of the Senate by virtue of the powers placed upon it by the Law, as follows:



§1 – Definitions:
  1. Employee (interchangeable with Worker and Labourer)—any person whom is hired for a wage, salary, fee or payment to perform a type of service/work for an employer.
  2. Employer— a person contractually bound to their worker - the employee(s) - to provide them with money in the form of wages or salaries, as an exchange for the ongoing work of the employee(s); the employer retains the right of directing the work and fundamental control over said work.
  3. Workers' Compensation—an insurance agreement between an employer and employee, stating that if said employee is injured while performing work for the employer, the employer is obligated to provide wage replacement and medical benefits, with the employee relinquishing their right to sue their employer for any perceived tort of negligence.
  4. Workplace—any location in which workers are performing work/task(s).
  5. Primary Contractor (interchangeable with First-level Contractor)—a person who agrees to undertake to carry out all or part of a job for the benefit of the employer and themselves in the form of stipend from the employer.
  6. Secondary Contractor (interchangeable with subcontractor)—a person who makes an agreement with a first level contractor by undertaking to carry out all or part of a job under the responsibility of the first level contractor for the benefit of the employer, and shall also mean a person who makes an agreement with a secondary contractor to undertake a sub-contracted job under the responsibility of the secondary contractory, regardless of how many stages of sub-contract there may be.
  7. Employment Agreement—a written or verbal agreement which is clearly stated, where a person referred to as the employee agrees to do work for another person referred to as the employer, and the employer agrees to pay a wage throughout the period of work.
  8. Workday—the amount of time in a day fixed for an employee to do normal work.
  9. Workweek—the days of Monday, Tuesday, Wednesday, Thursday and Friday, in which employees are to do normal work, unless otherwise stated in the Employment Agreement.
  10. Holiday—a day fixed for an employee as a weekly holiday, a traditional holiday or an annual holiday.
  11. Concessionary Absence—a day or number of days on which an employee takes: medical leave; leave for the purpose of essential business (which must be approved by the employer); leave for the purpose of military service; leave for the purpose of training or development of knowledge and competence; or maternity leave.
  12. Wage—the amount of money which an employer and an employee agree on as stipend for completion of the work under the employment agreement for the normal working period, based on an hourly, daily, weekly, monthly or other period of time, or which is paid according to the amount of work achieved by the employee during the normal working hours of a working day, and shall also mean the amount of money which an emloyer pays to an employee on a holiday and a leave day on which the employee did not perform any work but for which the employee is entitled to receive payment under this Act.
  13. Salary—a fixed amount in each pay period, with the total of these fixed payments over a full year summing to the amount of the salary. This person is considered to be an "exempt" employee. There is no linkage between the amount paid and the number of hours worked.
  14. Minimum Wage—the hourly wage prescribed by the appropriate body, defined by the Senate.
  15. Overtime—work on a working day or holiday, outside or in excess of the normal working hours or in excess of the number of working hours in each day agreed on between an employer and employee in the Employment Agreement, whichever the case may be.
  16. Overtime Pay—the money which an employer pays to an employee as payment for overtime on a working day.
  17. Compensation Payment—the money which an employer pays to an employee upon termination of employment over and above other categories of money which the employer has agreed to pay to the employee.
  18. Labour Union—an organized consociation of workers formed to protect and further their rights and interests.
  19. Labour Law—any legal law or legislation that pertains to anything related to the work life of a person.



§2 – Establishment of Workers' Rights:
  1. All employers are to be legally liable for the continued welfare and health of their employee(s), unless otherwise specifically stated in an agreement of Workers' Compensation.
  2. The workplace is to always be free of—
    1. Biological contaminants that can jeopardize the health of the worker(s), including but not explicitly: diseases, mold, parasites, waterborne illnesses, amoebae and disease-carrying insects and animals.
    2. Chemical contaminants that are not specifically labelled or previously-known-of in a comprehensible way, or were already present, including but not explicitly: flammable substances, exothermic-reacting and endothermic-reacting substances (to a degree that could pose a threat to the health and welfare of the worker(s)), ionizing radiation without adequate protection, toxic gases (ex: hydrogen sulfide, carbon monoxide, etc.), asbestos and asbestos-like substances and corrosive substances.
    3. Environmental threats that can jeopardize the health of the worker(s), including but not explicitly: temperatures above 38 degrees Celsius and below -18 degrees Celsius (unless explicitly stated and agreed to in the Employment Agreement), natural disaster factors (ex: tornadoes, floods, forest fires, maelstroms, earthquakes, waterspouts, hurricanes, sandstorms) unless previously agreed to.
  3. No employee shall be permitted to employ any person below the age of fifteen, effectively defined as Child Labour. Violation of this shall be listed as a federal crime punishable by ten years or more in prison.
  4. No employer may be penalized in any way, shape or form by anyone else, including their employer and their associates, for joining, founding or in any way participating in a labour union.


§3 – The Office of Labour Safety
  1. The Office of Labour Safety is to be the governmental worker, workplace and workers' right authority for all of Fernão, charged with routinely inspecting workplaces through Inspection Officers, ensuring the adherence to labour laws and establishing a minimum wage, among other things.
  2. The OLS is to be headed by a Director, appointed by the President and the advice and consent of the Senate, whom bears the responsibility to appoint a Deputy Director to assist in overseeing the Office, appointing any OLS department officers, approving the hiring of Inspection Officers.


Reposted with Co-Sponsors, and Labour Protection Act reached quorum and will be sent to the Repository. As a reminder, the National Judiciary Act is also still up for co-sponsorship.


Add me as a sponsor to the Judiciary Act please.
Last edited by USS Monitor on Sun Feb 26, 2017 5:01 pm, edited 1 time in total.
Reason: misnested tags
Senator Sushila Fonseca
Red - Green Alliance, Fighting for your Fernão!

User avatar
Roosevetania
Diplomat
 
Posts: 667
Founded: Jan 08, 2016
Ex-Nation

Postby Roosevetania » Sun Feb 26, 2017 4:35 pm

Tectonix wrote:
National Judiciary Act
Sponsor: Alexios Viel (RGA - Tectonix)
Co-Sponsors: Akhil Rajiva (FPP - New Tuva SSR) — [Insert Senator Name Here] (Ind. - Vanadrene) — Shim Seo-yeon (RGA - Malgrave)

An Act of the Senate to make provision for the establishment of the National Judiciary, and all that entails.

BE IT THEREFORE ENACTED by the Head of the State, by and with the counsel of the Government, and the authority of the Senate by virtue of the powers placed upon it by the Law, as follows:



§1 - The High Court:
  1. The High Court of Fernão shall be the highest judicial authority in the nation, of which all appellate cases are resolved.
  2. The High Court is to be a congregation of four Affiliate Justices, and one Chief Justice, appointed by the President or equivalent head of government thereof; with the advice and consent of the Senate.
  3. All High Court decisions are decided by a majority of the five justices.
  4. Any legislation brought to the floor of the Senate, either from a Senator or the President/equivalent head of government thereof, is to be reviewed by the High Court so as to ensure the constitutionality of the provisions of said legislation.
    1. If the High Court finds a provision or multiple provisions that violate the Constitution, they shall send an appropriate Transmission of Unconstitutionality to the Senate, so as they can remove the legislation from the floor. However, the Senate is not immediately obligated to do so.
    2. If the Senate chooses to ignore the Transmission of Unconstitutionality and passes the bill, the High Court reserves the right to issue a Writ of Interdiction that nullifies the bill.
  5. The High Court's proceedings, along with the five aforementioned justices, will include a clerk, graphic artist and parliamentarian (with the High Court Parliamentarian being appointed by the Justices of the High Court to serve as a procedural adviser to the present defendant(s) and plaintiff(s)).
  6. The building in which the High Court shall meet shall be within the city limits of Fernão's capital, Fortaleza.
  7. The High Court reserves the right to choose what cases it wishes to hear; the Senate reserves the right to pass a bill, however, forcing the High Court to hear a specific case, pursuant to the fact that the High Court is not already hearing a case.
  8. The High Court's internal proceedings are to be mirrored off the procedures of the United States Supreme Court, with any discrepancies or need for a change in rules up to the discretion of the Chief Justice.


§2 – Federal Court of Appeals:
  1. The Federal Court of Appeals shall be an appellate court, hearing appeals from all Fernãoan State Circuit Courts. The Court will consist of three magistrates, whom will preside over all hearings and present their verdict by a majority of them.
  2. A Writ of Appealment, signed by the party that was not ruled in favour of and approved by one of the magistrates, makes the case eligible for appeal to the High Court.
  3. The Federal Court of Appeals' internal proceedings are to be mirrored off the procedures of the United States Federal Circuit Court of Appeals, with any discrepancies or need for a change in rules up to the discretion of the three magistrates, with any disputes resolved by a majority vote amongst themselves.


§3 – Fernãoan State Circuit Courts:
  1. The Fernãoan State Circuit Courts shall be the primary civil and criminal courts of the nation, with one to three of them, at the discretion of the Senate, in every state and territory.
  2. A State Circuit Court shall be presided upon by a judge, appointed by the state's Governor or equivalent thereof, and a jury of eleven people randomly selected from the state in which the crime occurred, with no discrimination allowed on the basis of race, religion or sexual orientation.
  3. The internal proceedings of the State Circuit Court shall be mirrored of the United States District Courts, with any discrepancies or need for a change in rules up to the discretion of the judge.


Labour Protection Act
Sponsor: Alexios Viel (RGA - Tectonix)
Co-Sponsors: Shim Seo-yeon (RGA - Malgrave) — António Ventura (RGA - Arachaea) — Ritesh Bell (RGA - Roosevetania) — Akhil Rajiva (FPP - New Tuva SSR) — Jayesh Gadhavi (FPP - Socialist Nordia) — [Insert Senator Name Here] (Ind. - Vanadrene)

An Act of the Senate to make provision for the establishment of the Office of Labour Safety, along with Labour and Workers' Rights, and all that entails.

BE IT THEREFORE ENACTED by the Head of the State, by and with the counsel of the Government, and the authority of the Senate by virtue of the powers placed upon it by the Law, as follows:



§1 – Definitions:
  1. Employee (interchangeable with Worker and Labourer)—any person whom is hired for a wage, salary, fee or payment to perform a type of service/work for an employer.
  2. Employer— a person contractually bound to their worker - the employee(s) - to provide them with money in the form of wages or salaries, as an exchange for the ongoing work of the employee(s); the employer retains the right of directing the work and fundamental control over said work.
  3. Workers' Compensation—an insurance agreement between an employer and employee, stating that if said employee is injured while performing work for the employer, the employer is obligated to provide wage replacement and medical benefits, with the employee relinquishing their right to sue their employer for any perceived tort of negligence.
  4. Workplace—any location in which workers are performing work/task(s).
  5. Primary Contractor (interchangeable with First-level Contractor)—a person who agrees to undertake to carry out all or part of a job for the benefit of the employer and themselves in the form of stipend from the employer.
  6. Secondary Contractor (interchangeable with subcontractor)—a person who makes an agreement with a first level contractor by undertaking to carry out all or part of a job under the responsibility of the first level contractor for the benefit of the employer, and shall also mean a person who makes an agreement with a secondary contractor to undertake a sub-contracted job under the responsibility of the secondary contractory, regardless of how many stages of sub-contract there may be.
  7. Employment Agreement—a written or verbal agreement which is clearly stated, where a person referred to as the employee agrees to do work for another person referred to as the employer, and the employer agrees to pay a wage throughout the period of work.
  8. Workday—the amount of time in a day fixed for an employee to do normal work.
  9. Workweek—the days of Monday, Tuesday, Wednesday, Thursday and Friday, in which employees are to do normal work, unless otherwise stated in the Employment Agreement.
  10. Holiday—a day fixed for an employee as a weekly holiday, a traditional holiday or an annual holiday.
  11. Concessionary Absence—a day or number of days on which an employee takes: medical leave; leave for the purpose of essential business (which must be approved by the employer); leave for the purpose of military service; leave for the purpose of training or development of knowledge and competence; or maternity leave.
  12. Wage—the amount of money which an employer and an employee agree on as stipend for completion of the work under the employment agreement for the normal working period, based on an hourly, daily, weekly, monthly or other period of time, or which is paid according to the amount of work achieved by the employee during the normal working hours of a working day, and shall also mean the amount of money which an emloyer pays to an employee on a holiday and a leave day on which the employee did not perform any work but for which the employee is entitled to receive payment under this Act.
  13. Salary—a fixed amount in each pay period, with the total of these fixed payments over a full year summing to the amount of the salary. This person is considered to be an "exempt" employee. There is no linkage between the amount paid and the number of hours worked.
  14. Minimum Wage—the hourly wage prescribed by the appropriate body, defined by the Senate.
  15. Overtime—work on a working day or holiday, outside or in excess of the normal working hours or in excess of the number of working hours in each day agreed on between an employer and employee in the Employment Agreement, whichever the case may be.
  16. Overtime Pay—the money which an employer pays to an employee as payment for overtime on a working day.
  17. Compensation Payment—the money which an employer pays to an employee upon termination of employment over and above other categories of money which the employer has agreed to pay to the employee.
  18. Labour Union—an organized consociation of workers formed to protect and further their rights and interests.
  19. Labour Law—any legal law or legislation that pertains to anything related to the work life of a person.



§2 – Establishment of Workers' Rights:
  1. All employers are to be legally liable for the continued welfare and health of their employee(s), unless otherwise specifically stated in an agreement of Workers' Compensation.
  2. The workplace is to always be free of—
    1. Biological contaminants that can jeopardize the health of the worker(s), including but not explicitly: diseases, mold, parasites, waterborne illnesses, amoebae and disease-carrying insects and animals.
    2. Chemical contaminants that are not specifically labelled or previously-known-of in a comprehensible way, or were already present, including but not explicitly: flammable substances, exothermic-reacting and endothermic-reacting substances (to a degree that could pose a threat to the health and welfare of the worker(s)), ionizing radiation without adequate protection, toxic gases (ex: hydrogen sulfide, carbon monoxide, etc.), asbestos and asbestos-like substances and corrosive substances.
    3. Environmental threats that can jeopardize the health of the worker(s), including but not explicitly: temperatures above 38 degrees Celsius and below -18 degrees Celsius (unless explicitly stated and agreed to in the Employment Agreement), natural disaster factors (ex: tornadoes, floods, forest fires, maelstroms, earthquakes, waterspouts, hurricanes, sandstorms) unless previously agreed to.
  3. No employee shall be permitted to employ any person below the age of fifteen, effectively defined as Child Labour. Violation of this shall be listed as a federal crime punishable by ten years or more in prison.
  4. No employer may be penalized in any way, shape or form by anyone else, including their employer and their associates, for joining, founding or in any way participating in a labour union.


§3 – The Office of Labour Safety
  1. The Office of Labour Safety is to be the governmental worker, workplace and workers' right authority for all of Fernão, charged with routinely inspecting workplaces through Inspection Officers, ensuring the adherence to labour laws and establishing a minimum wage, among other things.
  2. The OLS is to be headed by a Director, appointed by the President and the advice and consent of the Senate, whom bears the responsibility to appoint a Deputy Director to assist in overseeing the Office, appointing any OLS department officers, approving the hiring of Inspection Officers.


Reposted with Co-Sponsors, and Labour Protection Act reached quorum and will be sent to the Repository. As a reminder, the National Judiciary Act is also still up for co-sponsorship.

I'll sponsor the National Judiciary Act.
Argentarino wrote:
Tectonix wrote:
National Judiciary Act
Sponsor: Alexios Viel (RGA - Tectonix)
Co-Sponsors: Akhil Rajiva (FPP - New Tuva SSR) — [Insert Senator Name Here] (Ind. - Vanadrene) — Shim Seo-yeon (RGA - Malgrave)

An Act of the Senate to make provision for the establishment of the National Judiciary, and all that entails.

BE IT THEREFORE ENACTED by the Head of the State, by and with the counsel of the Government, and the authority of the Senate by virtue of the powers placed upon it by the Law, as follows:



§1 - The High Court:
  1. The High Court of Fernão shall be the highest judicial authority in the nation, of which all appellate cases are resolved.
  2. The High Court is to be a congregation of four Affiliate Justices, and one Chief Justice, appointed by the President or equivalent head of government thereof; with the advice and consent of the Senate.
  3. All High Court decisions are decided by a majority of the five justices.
  4. Any legislation brought to the floor of the Senate, either from a Senator or the President/equivalent head of government thereof, is to be reviewed by the High Court so as to ensure the constitutionality of the provisions of said legislation.
    1. If the High Court finds a provision or multiple provisions that violate the Constitution, they shall send an appropriate Transmission of Unconstitutionality to the Senate, so as they can remove the legislation from the floor. However, the Senate is not immediately obligated to do so.
    2. If the Senate chooses to ignore the Transmission of Unconstitutionality and passes the bill, the High Court reserves the right to issue a Writ of Interdiction that nullifies the bill.
  5. The High Court's proceedings, along with the five aforementioned justices, will include a clerk, graphic artist and parliamentarian (with the High Court Parliamentarian being appointed by the Justices of the High Court to serve as a procedural adviser to the present defendant(s) and plaintiff(s)).
  6. The building in which the High Court shall meet shall be within the city limits of Fernão's capital, Fortaleza.
  7. The High Court reserves the right to choose what cases it wishes to hear; the Senate reserves the right to pass a bill, however, forcing the High Court to hear a specific case, pursuant to the fact that the High Court is not already hearing a case.
  8. The High Court's internal proceedings are to be mirrored off the procedures of the United States Supreme Court, with any discrepancies or need for a change in rules up to the discretion of the Chief Justice.


§2 – Federal Court of Appeals:
  1. The Federal Court of Appeals shall be an appellate court, hearing appeals from all Fernãoan State Circuit Courts. The Court will consist of three magistrates, whom will preside over all hearings and present their verdict by a majority of them.
  2. A Writ of Appealment, signed by the party that was not ruled in favour of and approved by one of the magistrates, makes the case eligible for appeal to the High Court.
  3. The Federal Court of Appeals' internal proceedings are to be mirrored off the procedures of the United States Federal Circuit Court of Appeals, with any discrepancies or need for a change in rules up to the discretion of the three magistrates, with any disputes resolved by a majority vote amongst themselves.


§3 – Fernãoan State Circuit Courts:
  1. The Fernãoan State Circuit Courts shall be the primary civil and criminal courts of the nation, with one to three of them, at the discretion of the Senate, in every state and territory.
  2. A State Circuit Court shall be presided upon by a judge, appointed by the state's Governor or equivalent thereof, and a jury of eleven people randomly selected from the state in which the crime occurred, with no discrimination allowed on the basis of race, religion or sexual orientation.
  3. The internal proceedings of the State Circuit Court shall be mirrored of the United States District Courts, with any discrepancies or need for a change in rules up to the discretion of the judge.


Labour Protection Act
Sponsor: Alexios Viel (RGA - Tectonix)
Co-Sponsors: Shim Seo-yeon (RGA - Malgrave) — António Ventura (RGA - Arachaea) — Ritesh Bell (RGA - Roosevetania) — Akhil Rajiva (FPP - New Tuva SSR) — Jayesh Gadhavi (FPP - Socialist Nordia) — [Insert Senator Name Here] (Ind. - Vanadrene)

An Act of the Senate to make provision for the establishment of the Office of Labour Safety, along with Labour and Workers' Rights, and all that entails.

BE IT THEREFORE ENACTED by the Head of the State, by and with the counsel of the Government, and the authority of the Senate by virtue of the powers placed upon it by the Law, as follows:



§1 – Definitions:
  1. Employee (interchangeable with Worker and Labourer)—any person whom is hired for a wage, salary, fee or payment to perform a type of service/work for an employer.
  2. Employer— a person contractually bound to their worker - the employee(s) - to provide them with money in the form of wages or salaries, as an exchange for the ongoing work of the employee(s); the employer retains the right of directing the work and fundamental control over said work.
  3. Workers' Compensation—an insurance agreement between an employer and employee, stating that if said employee is injured while performing work for the employer, the employer is obligated to provide wage replacement and medical benefits, with the employee relinquishing their right to sue their employer for any perceived tort of negligence.
  4. Workplace—any location in which workers are performing work/task(s).
  5. Primary Contractor (interchangeable with First-level Contractor)—a person who agrees to undertake to carry out all or part of a job for the benefit of the employer and themselves in the form of stipend from the employer.
  6. Secondary Contractor (interchangeable with subcontractor)—a person who makes an agreement with a first level contractor by undertaking to carry out all or part of a job under the responsibility of the first level contractor for the benefit of the employer, and shall also mean a person who makes an agreement with a secondary contractor to undertake a sub-contracted job under the responsibility of the secondary contractory, regardless of how many stages of sub-contract there may be.
  7. Employment Agreement—a written or verbal agreement which is clearly stated, where a person referred to as the employee agrees to do work for another person referred to as the employer, and the employer agrees to pay a wage throughout the period of work.
  8. Workday—the amount of time in a day fixed for an employee to do normal work.
  9. Workweek—the days of Monday, Tuesday, Wednesday, Thursday and Friday, in which employees are to do normal work, unless otherwise stated in the Employment Agreement.
  10. Holiday—a day fixed for an employee as a weekly holiday, a traditional holiday or an annual holiday.
  11. Concessionary Absence—a day or number of days on which an employee takes: medical leave; leave for the purpose of essential business (which must be approved by the employer); leave for the purpose of military service; leave for the purpose of training or development of knowledge and competence; or maternity leave.
  12. Wage—the amount of money which an employer and an employee agree on as stipend for completion of the work under the employment agreement for the normal working period, based on an hourly, daily, weekly, monthly or other period of time, or which is paid according to the amount of work achieved by the employee during the normal working hours of a working day, and shall also mean the amount of money which an emloyer pays to an employee on a holiday and a leave day on which the employee did not perform any work but for which the employee is entitled to receive payment under this Act.
  13. Salary—a fixed amount in each pay period, with the total of these fixed payments over a full year summing to the amount of the salary. This person is considered to be an "exempt" employee. There is no linkage between the amount paid and the number of hours worked.
  14. Minimum Wage—the hourly wage prescribed by the appropriate body, defined by the Senate.
  15. Overtime—work on a working day or holiday, outside or in excess of the normal working hours or in excess of the number of working hours in each day agreed on between an employer and employee in the Employment Agreement, whichever the case may be.
  16. Overtime Pay—the money which an employer pays to an employee as payment for overtime on a working day.
  17. Compensation Payment—the money which an employer pays to an employee upon termination of employment over and above other categories of money which the employer has agreed to pay to the employee.
  18. Labour Union—an organized consociation of workers formed to protect and further their rights and interests.
  19. Labour Law—any legal law or legislation that pertains to anything related to the work life of a person.



§2 – Establishment of Workers' Rights:
  1. All employers are to be legally liable for the continued welfare and health of their employee(s), unless otherwise specifically stated in an agreement of Workers' Compensation.
  2. The workplace is to always be free of—
    1. Biological contaminants that can jeopardize the health of the worker(s), including but not explicitly: diseases, mold, parasites, waterborne illnesses, amoebae and disease-carrying insects and animals.
    2. Chemical contaminants that are not specifically labelled or previously-known-of in a comprehensible way, or were already present, including but not explicitly: flammable substances, exothermic-reacting and endothermic-reacting substances (to a degree that could pose a threat to the health and welfare of the worker(s)), ionizing radiation without adequate protection, toxic gases (ex: hydrogen sulfide, carbon monoxide, etc.), asbestos and asbestos-like substances and corrosive substances.
    3. Environmental threats that can jeopardize the health of the worker(s), including but not explicitly: temperatures above 38 degrees Celsius and below -18 degrees Celsius (unless explicitly stated and agreed to in the Employment Agreement), natural disaster factors (ex: tornadoes, floods, forest fires, maelstroms, earthquakes, waterspouts, hurricanes, sandstorms) unless previously agreed to.
  3. No employee shall be permitted to employ any person below the age of fifteen, effectively defined as Child Labour. Violation of this shall be listed as a federal crime punishable by ten years or more in prison.
  4. No employer may be penalized in any way, shape or form by anyone else, including their employer and their associates, for joining, founding or in any way participating in a labour union.


§3 – The Office of Labour Safety
  1. The Office of Labour Safety is to be the governmental worker, workplace and workers' right authority for all of Fernão, charged with routinely inspecting workplaces through Inspection Officers, ensuring the adherence to labour laws and establishing a minimum wage, among other things.
  2. The OLS is to be headed by a Director, appointed by the President and the advice and consent of the Senate, whom bears the responsibility to appoint a Deputy Director to assist in overseeing the Office, appointing any OLS department officers, approving the hiring of Inspection Officers.


Reposted with Co-Sponsors, and Labour Protection Act reached quorum and will be sent to the Repository. As a reminder, the National Judiciary Act is also still up for co-sponsorship.


Add me as a sponsor to the Judiciary Act please.

What the heck is wrong with your post, man?
Last edited by USS Monitor on Sun Feb 26, 2017 4:59 pm, edited 1 time in total.
Reason: misnested tags, and lots of them
White Male, Libertarian Socialist, Anti-Fascist, United Methodist, American Deep South
Pro: socialism, anarchism (ideally), antifa, radical democracy, universal liberation, gun rights, open borders, revolution
Anti: capitalism, the state, authoritarianism, capitalist wars, capital punishment, Israel, generally most bourgeois institutions

Yang Jianguo, Member of the Revolutionary People's Party in the NS Parliament

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Roosevetania
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Posts: 667
Founded: Jan 08, 2016
Ex-Nation

Postby Roosevetania » Sun Feb 26, 2017 4:35 pm

Roosevetania wrote:
Tectonix wrote:
National Judiciary Act
Sponsor: Alexios Viel (RGA - Tectonix)
Co-Sponsors: Akhil Rajiva (FPP - New Tuva SSR) — [Insert Senator Name Here] (Ind. - Vanadrene) — Shim Seo-yeon (RGA - Malgrave)

An Act of the Senate to make provision for the establishment of the National Judiciary, and all that entails.

BE IT THEREFORE ENACTED by the Head of the State, by and with the counsel of the Government, and the authority of the Senate by virtue of the powers placed upon it by the Law, as follows:



§1 - The High Court:
  1. The High Court of Fernão shall be the highest judicial authority in the nation, of which all appellate cases are resolved.
  2. The High Court is to be a congregation of four Affiliate Justices, and one Chief Justice, appointed by the President or equivalent head of government thereof; with the advice and consent of the Senate.
  3. All High Court decisions are decided by a majority of the five justices.
  4. Any legislation brought to the floor of the Senate, either from a Senator or the President/equivalent head of government thereof, is to be reviewed by the High Court so as to ensure the constitutionality of the provisions of said legislation.
    1. If the High Court finds a provision or multiple provisions that violate the Constitution, they shall send an appropriate Transmission of Unconstitutionality to the Senate, so as they can remove the legislation from the floor. However, the Senate is not immediately obligated to do so.
    2. If the Senate chooses to ignore the Transmission of Unconstitutionality and passes the bill, the High Court reserves the right to issue a Writ of Interdiction that nullifies the bill.
  5. The High Court's proceedings, along with the five aforementioned justices, will include a clerk, graphic artist and parliamentarian (with the High Court Parliamentarian being appointed by the Justices of the High Court to serve as a procedural adviser to the present defendant(s) and plaintiff(s)).
  6. The building in which the High Court shall meet shall be within the city limits of Fernão's capital, Fortaleza.
  7. The High Court reserves the right to choose what cases it wishes to hear; the Senate reserves the right to pass a bill, however, forcing the High Court to hear a specific case, pursuant to the fact that the High Court is not already hearing a case.
  8. The High Court's internal proceedings are to be mirrored off the procedures of the United States Supreme Court, with any discrepancies or need for a change in rules up to the discretion of the Chief Justice.


§2 – Federal Court of Appeals:
  1. The Federal Court of Appeals shall be an appellate court, hearing appeals from all Fernãoan State Circuit Courts. The Court will consist of three magistrates, whom will preside over all hearings and present their verdict by a majority of them.
  2. A Writ of Appealment, signed by the party that was not ruled in favour of and approved by one of the magistrates, makes the case eligible for appeal to the High Court.
  3. The Federal Court of Appeals' internal proceedings are to be mirrored off the procedures of the United States Federal Circuit Court of Appeals, with any discrepancies or need for a change in rules up to the discretion of the three magistrates, with any disputes resolved by a majority vote amongst themselves.


§3 – Fernãoan State Circuit Courts:
  1. The Fernãoan State Circuit Courts shall be the primary civil and criminal courts of the nation, with one to three of them, at the discretion of the Senate, in every state and territory.
  2. A State Circuit Court shall be presided upon by a judge, appointed by the state's Governor or equivalent thereof, and a jury of eleven people randomly selected from the state in which the crime occurred, with no discrimination allowed on the basis of race, religion or sexual orientation.
  3. The internal proceedings of the State Circuit Court shall be mirrored of the United States District Courts, with any discrepancies or need for a change in rules up to the discretion of the judge.


Labour Protection Act
Sponsor: Alexios Viel (RGA - Tectonix)
Co-Sponsors: Shim Seo-yeon (RGA - Malgrave) — António Ventura (RGA - Arachaea) — Ritesh Bell (RGA - Roosevetania) — Akhil Rajiva (FPP - New Tuva SSR) — Jayesh Gadhavi (FPP - Socialist Nordia) — [Insert Senator Name Here] (Ind. - Vanadrene)

An Act of the Senate to make provision for the establishment of the Office of Labour Safety, along with Labour and Workers' Rights, and all that entails.

BE IT THEREFORE ENACTED by the Head of the State, by and with the counsel of the Government, and the authority of the Senate by virtue of the powers placed upon it by the Law, as follows:



§1 – Definitions:
  1. Employee (interchangeable with Worker and Labourer)—any person whom is hired for a wage, salary, fee or payment to perform a type of service/work for an employer.
  2. Employer— a person contractually bound to their worker - the employee(s) - to provide them with money in the form of wages or salaries, as an exchange for the ongoing work of the employee(s); the employer retains the right of directing the work and fundamental control over said work.
  3. Workers' Compensation—an insurance agreement between an employer and employee, stating that if said employee is injured while performing work for the employer, the employer is obligated to provide wage replacement and medical benefits, with the employee relinquishing their right to sue their employer for any perceived tort of negligence.
  4. Workplace—any location in which workers are performing work/task(s).
  5. Primary Contractor (interchangeable with First-level Contractor)—a person who agrees to undertake to carry out all or part of a job for the benefit of the employer and themselves in the form of stipend from the employer.
  6. Secondary Contractor (interchangeable with subcontractor)—a person who makes an agreement with a first level contractor by undertaking to carry out all or part of a job under the responsibility of the first level contractor for the benefit of the employer, and shall also mean a person who makes an agreement with a secondary contractor to undertake a sub-contracted job under the responsibility of the secondary contractory, regardless of how many stages of sub-contract there may be.
  7. Employment Agreement—a written or verbal agreement which is clearly stated, where a person referred to as the employee agrees to do work for another person referred to as the employer, and the employer agrees to pay a wage throughout the period of work.
  8. Workday—the amount of time in a day fixed for an employee to do normal work.
  9. Workweek—the days of Monday, Tuesday, Wednesday, Thursday and Friday, in which employees are to do normal work, unless otherwise stated in the Employment Agreement.
  10. Holiday—a day fixed for an employee as a weekly holiday, a traditional holiday or an annual holiday.
  11. Concessionary Absence—a day or number of days on which an employee takes: medical leave; leave for the purpose of essential business (which must be approved by the employer); leave for the purpose of military service; leave for the purpose of training or development of knowledge and competence; or maternity leave.
  12. Wage—the amount of money which an employer and an employee agree on as stipend for completion of the work under the employment agreement for the normal working period, based on an hourly, daily, weekly, monthly or other period of time, or which is paid according to the amount of work achieved by the employee during the normal working hours of a working day, and shall also mean the amount of money which an emloyer pays to an employee on a holiday and a leave day on which the employee did not perform any work but for which the employee is entitled to receive payment under this Act.
  13. Salary—a fixed amount in each pay period, with the total of these fixed payments over a full year summing to the amount of the salary. This person is considered to be an "exempt" employee. There is no linkage between the amount paid and the number of hours worked.
  14. Minimum Wage—the hourly wage prescribed by the appropriate body, defined by the Senate.
  15. Overtime—work on a working day or holiday, outside or in excess of the normal working hours or in excess of the number of working hours in each day agreed on between an employer and employee in the Employment Agreement, whichever the case may be.
  16. Overtime Pay—the money which an employer pays to an employee as payment for overtime on a working day.
  17. Compensation Payment—the money which an employer pays to an employee upon termination of employment over and above other categories of money which the employer has agreed to pay to the employee.
  18. Labour Union—an organized consociation of workers formed to protect and further their rights and interests.
  19. Labour Law—any legal law or legislation that pertains to anything related to the work life of a person.



§2 – Establishment of Workers' Rights:
  1. All employers are to be legally liable for the continued welfare and health of their employee(s), unless otherwise specifically stated in an agreement of Workers' Compensation.
  2. The workplace is to always be free of—
    1. Biological contaminants that can jeopardize the health of the worker(s), including but not explicitly: diseases, mold, parasites, waterborne illnesses, amoebae and disease-carrying insects and animals.
    2. Chemical contaminants that are not specifically labelled or previously-known-of in a comprehensible way, or were already present, including but not explicitly: flammable substances, exothermic-reacting and endothermic-reacting substances (to a degree that could pose a threat to the health and welfare of the worker(s)), ionizing radiation without adequate protection, toxic gases (ex: hydrogen sulfide, carbon monoxide, etc.), asbestos and asbestos-like substances and corrosive substances.
    3. Environmental threats that can jeopardize the health of the worker(s), including but not explicitly: temperatures above 38 degrees Celsius and below -18 degrees Celsius (unless explicitly stated and agreed to in the Employment Agreement), natural disaster factors (ex: tornadoes, floods, forest fires, maelstroms, earthquakes, waterspouts, hurricanes, sandstorms) unless previously agreed to.
  3. No employee shall be permitted to employ any person below the age of fifteen, effectively defined as Child Labour. Violation of this shall be listed as a federal crime punishable by ten years or more in prison.
  4. No employer may be penalized in any way, shape or form by anyone else, including their employer and their associates, for joining, founding or in any way participating in a labour union.


§3 – The Office of Labour Safety
  1. The Office of Labour Safety is to be the governmental worker, workplace and workers' right authority for all of Fernão, charged with routinely inspecting workplaces through Inspection Officers, ensuring the adherence to labour laws and establishing a minimum wage, among other things.
  2. The OLS is to be headed by a Director, appointed by the President and the advice and consent of the Senate, whom bears the responsibility to appoint a Deputy Director to assist in overseeing the Office, appointing any OLS department officers, approving the hiring of Inspection Officers.


Reposted with Co-Sponsors, and Labour Protection Act reached quorum and will be sent to the Repository. As a reminder, the National Judiciary Act is also still up for co-sponsorship.

I'll sponsor the National Judiciary Act.
Argentarino wrote:
Add me as a sponsor to the Judiciary Act please.

What the heck is wrong with your post, man?

And my post as well! And this one!
Last edited by USS Monitor on Sun Feb 26, 2017 5:09 pm, edited 1 time in total.
Reason: the tags, they are so broken
White Male, Libertarian Socialist, Anti-Fascist, United Methodist, American Deep South
Pro: socialism, anarchism (ideally), antifa, radical democracy, universal liberation, gun rights, open borders, revolution
Anti: capitalism, the state, authoritarianism, capitalist wars, capital punishment, Israel, generally most bourgeois institutions

Yang Jianguo, Member of the Revolutionary People's Party in the NS Parliament

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Xelsis
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Posts: 1246
Founded: Jul 25, 2016
Ex-Nation

Postby Xelsis » Sun Feb 26, 2017 4:38 pm

The New World Oceania wrote:Will take revisions and sponsors so we can stop operating on a goddamn skeleton government.


A Constitution, For Fernão's Sake
Author: Mario Cerce (RGA)
Sponsors: L. A. Galhimar (LO) | Merizoc (LET) |
An act establishing the government, resembling a constitution.

Article I: Principles
a. The parliament has supreme sovereignty.
b. The name of the state is the Republic of Fernão.
c. This constitution may be amended by a simple majority.
c. Every person has the freedom of speech, press, assembly and to be equally protected by the laws.
d. The parliament shall make laws.
e. The President shall execute laws.
f. The judiciary shall interpret laws and resolve disputes.
g. Any person born in Fernão or with parents of Fernãoese citizenship shall be a citizen of Fernão. The parliament may set guidelines for naturalization.

Article II: The Parliament
a. The parliament shall consist of the Senate, which shall pass laws.
b. With four sponsors and an author a bill may be considered.
c. The Senate shall have the power to set its own rules and select its own officers.
d. The Senate shall be the judge of the elections of its members.
d. Members of the Cabinet shall be members of the Senate.
e. The Senate shall exclusively have the power to declare war, to set the law, to ratify treaties, to approve the budget and to confirm judicial appointments.

Article III: The Executive
a. The President of Fernão shall serve as head of government and head of state. The President shall hold no other office in the government.
b. A Vice President, a member of the Cabinet, shall assist the President and serve as Acting President in their absence and President in their removal. The Vice President shall be President of the Senate.
c. The President shall be elected together in a nationwide election with universal suffrage for those over the age of 18.
d. The President shall appoint a Cabinet of members of the Senate to manage executive agencies and advise the President on policy.
e. The President shall serve as commander-in-chief, chief executive and chief diplomat. The President shall have the exclusive power to submit a budget and to appoint judges.
f. The President may return passed bills to the Senate. If passed again, the bills shall become law.
g. The President may be impeached by 3/5 the Senate, tried by the Senate, removed from office for misconduct or incompetence by 2/3 the Senate. The Cabinet may declare the President temporarily unfit, subject to a decision by the Senate.

Article IV: The Judiciary
a. A Supreme Court of Fernão shall resolve disputes between states, disputes within the parliament, disputes between branches of the federal government, and interpret laws.
b. The parliament may ordain lower courts as it sees fit.

Article V: The States
a. The borders of states shall be drawn by a commission appointed by the President according to natural geographical features, historical boundaries, and accommodating populations.
b. Senators shall be elected in each month on a statewide party-list ticket.
c. Each state shall have a unicameral Assembly, responsible for levying state taxes, establishing and managing hospitals, prisons and schools, and regulating commerce within their jurisdictions, marriage, property and civil rights.
d. Each state shall elect an executive Governor and Deputy Governor, who shall execute the laws of the state and serve for two months.
e. Assembly members shall be elected in constituencies drawn by a commission appointed by the Governor monthly.
f. States shall have the power to establish municipalities and local governments.


This one too.

Resolution Establishing Senate Rules
Author: Mario Cerce (RGA)
Sponsors: Daniel Johnson (RGA) | Bob Shaw (NPP)
A resolution establishing standing rules for the Senate of Fernão.

Rule I: The President
a. In the absence of a constitutional presiding officer, the Senate shall choose a President pro Tempore, who shall hold the office at the pleasure of the Senate.
b. The President of the Senate shall have the right to temporarily appoint a Senator to the chair for a period not exceeding one week.
c. The President shall preserve order and decorum and may direct the Sergeant-at-Arms to assist to this end.
d. The President shall decide all questions of order, subject to appeal by a Senator.
e. The President shall employ all officers and employees of the Senate and the Senate Complex. The President shall have control over the Senate Complex and may issue orders pursuant to this clause.
f. The President shall draft special rules for the Senate's consideration.

Rule II: Weekend Business
a. Beginning every weekend, the President shall lay before the Senate correspondence from other government entities, reports of ad-hoc committees, and petitions and memorials. Then the President shall open voting on:
    i) bills scheduled under a special rule,
    ii) motions to suspend the rules and pass,
    iii) bills on which the Senate has moved to proceed,
    iv) pending amendments to the Constitution,
    v) unanimous consent requests, and
    vi) resolutions over, under the rule.
b. During weekend business, no debate shall be in order.
c. Voting shall last 48 hours. At the conclusion of weekend business, the President shall announce the results of the votes.

Rule III: Motions
a. When a question is being debated, only the following secondary motions may be entertained, with seconds number a majority the votes cast (excluding abstentions) on the week's special rule, with the following precedence:
    i) lay on or take from the table,
    
ii) to postpone,

    iii) to refer, and
    
iv) to amend.
b. The privileged motions and questions of order, privilege, and inquiry shall be in order except during Weekend Business.
c. A motion to proceed on a bill shall be passed immediately with seconds numbering 3/5 the votes cast, excluding abstentions, on the week's special rule. When the motion to proceed is entered, debate shall begin. When the motion to proceed passes, debate shall last until the opening of the next period of weekend business, and the bill on which the Senate has moved to proceed may pass with a simple majority.
d. A motion to suspend the rules and pass a bill shall be in order in the two days preceding the opening of weekend business and shall require a vote of 2/3 to pass.
e. Unanimous consent requests are in order on the final day of each week, and without objection during the period of weekend business may be immediately adopted.
f. Amendments shall receive 24 hours of debate and 24 hours of voting, and must be proposed at least 48 hours before the beginning of weekend business. Amendments to special rule bills must adhere to the restrictions of the respective special rule. Amendments to bills on which it has been moved to proceed are in order from the passage of motion to proceed until the final vote on the measure. Amendments to bills for which it has been moved to suspend the rules and pass must be adopted by unanimous consent, and shall be considered during weekend business.
g. The President of the Senate shall draft a special rule each week, to be voted on during the weekend business preceding the week to which they apply, laying out the schedule for the week and the rules for amendments.
h. No bill shall be considered without four sponsors and authors, combined.
i. All other motions shall be ruled on by the President, subject to an appeal seconded by five members, put to vote during weekend business.

Rule IV: Decorum
a. Remarks directed specifically at another Senator which question that Senator's integrity, honesty, or character are not in order.
b. A Senator will be requested to withdraw offensive remarks, allegations, or accusations of impropriety directed toward another Senator.
c. The use of offensive, provocative or threatening language is strictly forbidden.
d. Personal attacks, insults, and obscenities are not in order.

Effective
a. No rule shall be construed to prohibit anything that, in the OOC opinion of the Admins, is common fucking sense.
b. These rules shall remain effective until amendment or repeal.


Put me on board as a sponsor.

(Sen. Aiden Alderman, FUP)
Last edited by Xelsis on Mon Feb 27, 2017 5:25 am, edited 6 times in total.
This nation does represent my political views.
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Tectonix
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Posts: 2587
Founded: Apr 30, 2016
Ex-Nation

Postby Tectonix » Sun Feb 26, 2017 4:41 pm

National Judiciary Act
Sponsor: Alexios Viel (RGA - Tectonix)
Co-Sponsors: Akhil Rajiva (FPP - New Tuva SSR) — [Insert Senator Name Here] (Ind. - Vanadrene) — Shim Seo-yeon (RGA - Malgrave) — Sushila Fonesca (RGA - Argentarino)

An Act of the Senate to make provision for the establishment of the National Judiciary, and all that entails.

BE IT THEREFORE ENACTED by the Head of the State, by and with the counsel of the Government, and the authority of the Senate by virtue of the powers placed upon it by the Law, as follows:



§1 - The High Court:
  1. The High Court of Fernão shall be the highest judicial authority in the nation, of which all appellate cases are resolved.
  2. The High Court is to be a congregation of four Affiliate Justices, and one Chief Justice, appointed by the President or equivalent head of government thereof; with the advice and consent of the Senate.
  3. All High Court decisions are decided by a majority of the five justices.
  4. Any legislation brought to the floor of the Senate, either from a Senator or the President/equivalent head of government thereof, is to be reviewed by the High Court so as to ensure the constitutionality of the provisions of said legislation.
    1. If the High Court finds a provision or multiple provisions that violate the Constitution, they shall send an appropriate Transmission of Unconstitutionality to the Senate, so as they can remove the legislation from the floor. However, the Senate is not immediately obligated to do so.
    2. If the Senate chooses to ignore the Transmission of Unconstitutionality and passes the bill, the High Court reserves the right to issue a Writ of Interdiction that nullifies the bill.
  5. The High Court's proceedings, along with the five aforementioned justices, will include a clerk, graphic artist and parliamentarian (with the High Court Parliamentarian being appointed by the Justices of the High Court to serve as a procedural adviser to the present defendant(s) and plaintiff(s)).
  6. The building in which the High Court shall meet shall be within the city limits of Fernão's capital, Fortaleza.
  7. The High Court reserves the right to choose what cases it wishes to hear; the Senate reserves the right to pass a bill, however, forcing the High Court to hear a specific case, pursuant to the fact that the High Court is not already hearing a case.
  8. The High Court's internal proceedings are to be mirrored off the procedures of the United States Supreme Court, with any discrepancies or need for a change in rules up to the discretion of the Chief Justice.


§2 – Federal Court of Appeals:
  1. The Federal Court of Appeals shall be an appellate court, hearing appeals from all Fernãoan State Circuit Courts. The Court will consist of three magistrates, whom will preside over all hearings and present their verdict by a majority of them.
  2. A Writ of Appealment, signed by the party that was not ruled in favour of and approved by one of the magistrates, makes the case eligible for appeal to the High Court.
  3. The Federal Court of Appeals' internal proceedings are to be mirrored off the procedures of the United States Federal Circuit Court of Appeals, with any discrepancies or need for a change in rules up to the discretion of the three magistrates, with any disputes resolved by a majority vote amongst themselves.


§3 – Fernãoan State Circuit Courts:
  1. The Fernãoan State Circuit Courts shall be the primary civil and criminal courts of the nation, with one to three of them, at the discretion of the Senate, in every state and territory.
  2. A State Circuit Court shall be presided upon by a judge, appointed by the state's Governor or equivalent thereof, and a jury of eleven people randomly selected from the state in which the crime occurred, with no discrimination allowed on the basis of race, religion or sexual orientation.
  3. The internal proceedings of the State Circuit Court shall be mirrored of the United States District Courts, with any discrepancies or need for a change in rules up to the discretion of the judge.


Labour Protection Act
Sponsor: Alexios Viel (RGA - Tectonix)
Co-Sponsors: Shim Seo-yeon (RGA - Malgrave) — António Ventura (RGA - Arachaea) — Ritesh Bell (RGA - Roosevetania) — Akhil Rajiva (FPP - New Tuva SSR) — Jayesh Gadhavi (FPP - Socialist Nordia) — [Insert Senator Name Here] (Ind. - Vanadrene)

An Act of the Senate to make provision for the establishment of the Office of Labour Safety, along with Labour and Workers' Rights, and all that entails.

BE IT THEREFORE ENACTED by the Head of the State, by and with the counsel of the Government, and the authority of the Senate by virtue of the powers placed upon it by the Law, as follows:



§1 – Definitions:
  1. Employee (interchangeable with Worker and Labourer)—any person whom is hired for a wage, salary, fee or payment to perform a type of service/work for an employer.
  2. Employer— a person contractually bound to their worker - the employee(s) - to provide them with money in the form of wages or salaries, as an exchange for the ongoing work of the employee(s); the employer retains the right of directing the work and fundamental control over said work.
  3. Workers' Compensation—an insurance agreement between an employer and employee, stating that if said employee is injured while performing work for the employer, the employer is obligated to provide wage replacement and medical benefits, with the employee relinquishing their right to sue their employer for any perceived tort of negligence.
  4. Workplace—any location in which workers are performing work/task(s).
  5. Primary Contractor (interchangeable with First-level Contractor)—a person who agrees to undertake to carry out all or part of a job for the benefit of the employer and themselves in the form of stipend from the employer.
  6. Secondary Contractor (interchangeable with subcontractor)—a person who makes an agreement with a first level contractor by undertaking to carry out all or part of a job under the responsibility of the first level contractor for the benefit of the employer, and shall also mean a person who makes an agreement with a secondary contractor to undertake a sub-contracted job under the responsibility of the secondary contractory, regardless of how many stages of sub-contract there may be.
  7. Employment Agreement—a written or verbal agreement which is clearly stated, where a person referred to as the employee agrees to do work for another person referred to as the employer, and the employer agrees to pay a wage throughout the period of work.
  8. Workday—the amount of time in a day fixed for an employee to do normal work.
  9. Workweek—the days of Monday, Tuesday, Wednesday, Thursday and Friday, in which employees are to do normal work, unless otherwise stated in the Employment Agreement.
  10. Holiday—a day fixed for an employee as a weekly holiday, a traditional holiday or an annual holiday.
  11. Concessionary Absence—a day or number of days on which an employee takes: medical leave; leave for the purpose of essential business (which must be approved by the employer); leave for the purpose of military service; leave for the purpose of training or development of knowledge and competence; or maternity leave.
  12. Wage—the amount of money which an employer and an employee agree on as stipend for completion of the work under the employment agreement for the normal working period, based on an hourly, daily, weekly, monthly or other period of time, or which is paid according to the amount of work achieved by the employee during the normal working hours of a working day, and shall also mean the amount of money which an emloyer pays to an employee on a holiday and a leave day on which the employee did not perform any work but for which the employee is entitled to receive payment under this Act.
  13. Salary—a fixed amount in each pay period, with the total of these fixed payments over a full year summing to the amount of the salary. This person is considered to be an "exempt" employee. There is no linkage between the amount paid and the number of hours worked.
  14. Minimum Wage—the hourly wage prescribed by the appropriate body, defined by the Senate.
  15. Overtime—work on a working day or holiday, outside or in excess of the normal working hours or in excess of the number of working hours in each day agreed on between an employer and employee in the Employment Agreement, whichever the case may be.
  16. Overtime Pay—the money which an employer pays to an employee as payment for overtime on a working day.
  17. Compensation Payment—the money which an employer pays to an employee upon termination of employment over and above other categories of money which the employer has agreed to pay to the employee.
  18. Labour Union—an organized consociation of workers formed to protect and further their rights and interests.
  19. Labour Law—any legal law or legislation that pertains to anything related to the work life of a person.



§2 – Establishment of Workers' Rights:
  1. All employers are to be legally liable for the continued welfare and health of their employee(s), unless otherwise specifically stated in an agreement of Workers' Compensation.
  2. The workplace is to always be free of—
    1. Biological contaminants that can jeopardize the health of the worker(s), including but not explicitly: diseases, mold, parasites, waterborne illnesses, amoebae and disease-carrying insects and animals.
    2. Chemical contaminants that are not specifically labelled or previously-known-of in a comprehensible way, or were already present, including but not explicitly: flammable substances, exothermic-reacting and endothermic-reacting substances (to a degree that could pose a threat to the health and welfare of the worker(s)), ionizing radiation without adequate protection, toxic gases (ex: hydrogen sulfide, carbon monoxide, etc.), asbestos and asbestos-like substances and corrosive substances.
    3. Environmental threats that can jeopardize the health of the worker(s), including but not explicitly: temperatures above 38 degrees Celsius and below -18 degrees Celsius (unless explicitly stated and agreed to in the Employment Agreement), natural disaster factors (ex: tornadoes, floods, forest fires, maelstroms, earthquakes, waterspouts, hurricanes, sandstorms) unless previously agreed to.
  3. No employee shall be permitted to employ any person below the age of fifteen, effectively defined as Child Labour. Violation of this shall be listed as a federal crime punishable by ten years or more in prison.
  4. No employer may be penalized in any way, shape or form by anyone else, including their employer and their associates, for joining, founding or in any way participating in a labour union.


§3 – The Office of Labour Safety
  1. The Office of Labour Safety is to be the governmental worker, workplace and workers' right authority for all of Fernão, charged with routinely inspecting workplaces through Inspection Officers, ensuring the adherence to labour laws and establishing a minimum wage, among other things.
  2. The OLS is to be headed by a Director, appointed by the President and the advice and consent of the Senate, whom bears the responsibility to appoint a Deputy Director to assist in overseeing the Office, appointing any OLS department officers, approving the hiring of Inspection Officers.
[/quote]

Reposted with co-sponsors. Just one more and we can have a judicial branch.
Economic Left/Right: -4.63
Social Libertarian/Authoritarian: -6.36
Senator Giovanni Galatis of the DP
Member of the Democratic Party of Galatea - For the many, not the few

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Xelsis
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Founded: Jul 25, 2016
Ex-Nation

Postby Xelsis » Sun Feb 26, 2017 4:47 pm

New Tuva SSR wrote:

The Military Act

Sponsor: Senator Akhil Rajiva (FPP)
Co-Sponsors:
An amendment to establish an official military for Fernão, and the protocols for the event of an armed conflict.

Section 1: Definitions
Military- The Armed Forces of a nation.

Section 2: Establishment
The military of Fernão will be named the Fernãoan Defense Force, or FDF. It will be split into three branches: Fernãoan Army (FA), Fernãoan Navy (FN), and the Fernãoan Air Force (FAF). The Commander-in-Chief of the FDF will be the President of Fernão, who will appoint a Minister of Defense to oversee the generality of the FDF.

Section 3: Protocols for Armed Conflict
For the nation of Fernão to legally go to war and utilize the FDF, it must gain a 2/3rds majority in the Senate, followed by the approval of the President and Minister of Defense, who will deem it either justified or not so. If so, the President officially declares war, and if not, a 5/6ths majority is necessary to override his command.

Section 4: Rankings
The ranks of the FDF will be based directly on that of the United States Armed Forces, well known around the world for orderliness and easily recognizable. NATO callsigns will be used in times where they are necessary.

Section 5: Langauges
Direct military orders will be sent in only two languages, Fernãoan Portuguese and Fernãoan Hindi. When FDF soldiers are confronted or must speak with foreign soldiers, they will use English or whatever language the foreigners speak, most likely one of the official languages of our nation.


Senator Rajiva asks for Sponsors and any questions they may have.


Two points on this.

1. Whatever the rank system is, I'm going to push to strike out the O-3 Captain ranks in the Army and Air Force. Puts the whole "courtesy promotion" while on-ship to rest, it's a particular annoyance in the system to me, at least.

2. Section 5 really ought to be loosened. You seem to be commanding the soldiers to speak English or the foreigners language, regardless of the actual ability of our soldiers to speak those languages. I do not see why interactions between individual soldiers of other nationalities and our needs to be laid out in law regardless.
Last edited by Xelsis on Sun Feb 26, 2017 4:49 pm, edited 1 time in total.
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Soviet Canuckistan
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Founded: Oct 16, 2011
Ex-Nation

Postby Soviet Canuckistan » Sun Feb 26, 2017 5:00 pm

The New World Oceania wrote:Will take revisions and sponsors so we can stop operating on a goddamn skeleton government.


A Constitution, For Fernão's Sake
Author: Mario Cerce (RGA)
Sponsors: L. A. Galhimar (LO) | Merizoc (LET) |
An act establishing the government, resembling a constitution.

Article I: Principles
a. The parliament has supreme sovereignty.
b. The name of the state is the Republic of Fernão.
c. This constitution may be amended by a simple majority.
c. Every person has the freedom of speech, press, assembly and to be equally protected by the laws.
d. The parliament shall make laws.
e. The President shall execute laws.
f. The judiciary shall interpret laws and resolve disputes.
g. Any person born in Fernão or with parents of Fernãoese citizenship shall be a citizen of Fernão. The parliament may set guidelines for naturalization.

Article II: The Parliament
a. The parliament shall consist of the Senate, which shall pass laws.
b. With four sponsors and an author a bill may be considered.
c. The Senate shall have the power to set its own rules and select its own officers.
d. The Senate shall be the judge of the elections of its members.
d. Members of the Cabinet shall be members of the Senate.
e. The Senate shall exclusively have the power to declare war, to set the law, to ratify treaties, to approve the budget and to confirm judicial appointments.

Article III: The Executive
a. The President of Fernão shall serve as head of government and head of state. The President shall hold no other office in the government.
b. A Vice President, a member of the Cabinet, shall assist the President and serve as Acting President in their absence and President in their removal. The Vice President shall be President of the Senate.
c. The President shall be elected together in a nationwide election with universal suffrage for those over the age of 18.
d. The President shall appoint a Cabinet of members of the Senate to manage executive agencies and advise the President on policy.
e. The President shall serve as commander-in-chief, chief executive and chief diplomat. The President shall have the exclusive power to submit a budget and to appoint judges.
f. The President may return passed bills to the Senate. If passed again, the bills shall become law.
g. The President may be impeached by 3/5 the Senate, tried by the Senate, removed from office for misconduct or incompetence by 2/3 the Senate. The Cabinet may declare the President temporarily unfit, subject to a decision by the Senate.

Article IV: The Judiciary
a. A Supreme Court of Fernão shall resolve disputes between states, disputes within the parliament, disputes between branches of the federal government, and interpret laws.
b. The parliament may ordain lower courts as it sees fit.

Article V: The States
a. The borders of states shall be drawn by a commission appointed by the President according to natural geographical features, historical boundaries, and accommodating populations.
b. Senators shall be elected in each month on a statewide party-list ticket.
c. Each state shall have a unicameral Assembly, responsible for levying state taxes, establishing and managing hospitals, prisons and schools, and regulating commerce within their jurisdictions, marriage, property and civil rights.
d. Each state shall elect an executive Governor and Deputy Governor, who shall execute the laws of the state and serve for two months.
e. Assembly members shall be elected in constituencies drawn by a commission appointed by the Governor monthly.
f. States shall have the power to establish municipalities and local governments.


This one too.

Resolution Establishing Senate Rules
Author: Mario Cerce (RGA)
Sponsors: Daniel Johnson (RGA) | Bob Shaw (NPP)
A resolution establishing standing rules for the Senate of Fernão.

Rule I: The President
a. In the absence of a constitutional presiding officer, the Senate shall choose a President pro Tempore, who shall hold the office at the pleasure of the Senate.
b. The President of the Senate shall have the right to temporarily appoint a Senator to the chair for a period not exceeding one week.
c. The President shall preserve order and decorum and may direct the Sergeant-at-Arms to assist to this end.
d. The President shall decide all questions of order, subject to appeal by a Senator.
e. The President shall employ all officers and employees of the Senate and the Senate Complex. The President shall have control over the Senate Complex and may issue orders pursuant to this clause.
f. The President shall draft special rules for the Senate's consideration.

Rule II: Weekend Business
a. Beginning every weekend, the President shall lay before the Senate correspondence from other government entities, reports of ad-hoc committees, and petitions and memorials. Then the President shall open voting on:
    i) bills scheduled under a special rule,
    ii) motions to suspend the rules and pass,
    iii) bills on which the Senate has moved to proceed,
    iv) pending amendments to the Constitution,
    v) unanimous consent requests, and
    vi) resolutions over, under the rule.
b. During weekend business, no debate shall be in order.
c. Voting shall last 48 hours. At the conclusion of weekend business, the President shall announce the results of the votes.

Rule III: Motions
a. When a question is being debated, only the following secondary motions may be entertained, with seconds number a majority the votes cast (excluding abstentions) on the week's special rule, with the following precedence:
    i) lay on or take from the table,
    
ii) to postpone,

    iii) to refer, and
    
iv) to amend.
b. The privileged motions and questions of order, privilege, and inquiry shall be in order except during Weekend Business.
c. A motion to proceed on a bill shall be passed immediately with seconds numbering 3/5 the votes cast, excluding abstentions, on the week's special rule. When the motion to proceed is entered, debate shall begin. When the motion to proceed passes, debate shall last until the opening of the next period of weekend business, and the bill on which the Senate has moved to proceed may pass with a simple majority.
d. A motion to suspend the rules and pass a bill shall be in order in the two days preceding the opening of weekend business and shall require a vote of 2/3 to pass.
e. Unanimous consent requests are in order on the final day of each week, and without objection during the period of weekend business may be immediately adopted.
f. Amendments shall receive 24 hours of debate and 24 hours of voting, and must be proposed at least 48 hours before the beginning of weekend business. Amendments to special rule bills must adhere to the restrictions of the respective special rule. Amendments to bills on which it has been moved to proceed are in order from the passage of motion to proceed until the final vote on the measure. Amendments to bills for which it has been moved to suspend the rules and pass must be adopted by unanimous consent, and shall be considered during weekend business.
g. The President of the Senate shall draft a special rule each week, to be voted on during the weekend business preceding the week to which they apply, laying out the schedule for the week and the rules for amendments.
h. No bill shall be considered without four sponsors and authors, combined.
i. All other motions shall be ruled on by the President, subject to an appeal seconded by five members, put to vote during weekend business.

Rule IV: Decorum
a. Remarks directed specifically at another Senator which question that Senator's integrity, honesty, or character are not in order.
b. A Senator will be requested to withdraw offensive remarks, allegations, or accusations of impropriety directed toward another Senator.
c. The use of offensive, provocative or threatening language is strictly forbidden.
d. Personal attacks, insults, and obscenities are not in order.

Effective
a. No rule shall be construed to prohibit anything that, in the OOC opinion of the Admins, is common fucking sense.
b. These rules shall remain effective until amendment or repeal.

Sponsor, Peter Janzen (UA)
Economic Left/Right: -3.75
Social Libertarian/Authoritarian: -3.49

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