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Exshaw GovernmentFounder, Supreme Commander: Dear Leader Co-Founder, Premier: Lord Bad CabinetDirector of Jalche Expansionism: Morrou Head of the Central Court: Mall WA Regional Delegate: Bramwell_Bear People's Advisor: Milograd |
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| Constitution of Exshaw; Ratified on April 8, 2012 | |
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| Tweet Topic Started: Apr 8 2012, 10:18 PM (159 Views) | |
| Cormac | Apr 8 2012, 10:18 PM Post #1 |
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Constitution of Exshaw Preamble We, the people of the Empire of Exshaw, in order to preserve the region and to provide basic rights and an active and open region to the people, hereby declare this document the Constitution of Exshaw. Article I: Bill of Rights Section 1: Citizenship 1. A citizen shall be any resident of Exshaw who is also a member of Parliament, a member of the Royal Exshaw Attack Force, the Sovereign, the Crown Prince/ss, and/or a member of the Council of Nobles. 2. Any and all rights included in this Constitution are granted only to citizens of Exshaw unless otherwise noted. Section 2: Rights 1. Every citizen shall have the right to freedom of thought, to freedom of religious belief and practice, and to reasonable freedom of speech and expression. 2. Every citizen shall have the right to peaceably assemble and/or to petition the Government for redress of grievances. 3. Every citizen shall have the right to personal privacy. 4. Every citizen shall have the right to run for elected office or to vote in regionwide elections. 5. Every citizen shall have the right to resign one's office or membership in the Royal Exshaw Attack Force without penalty. 6. Every citizen shall have the right to equal treatment, protection, and/or benefit under the law. 7. No citizen shall be compelled in any criminal case to be a witness against him- or herself. 8. No citizen shall be subject to legal penalty without due process of law. 9. In all criminal prosecutions and civil suits, the accused shall enjoy the right to a speedy and public trial before the Royal Court of Exshaw, to be informed of the charges against him/her, to be confronted with the witnesses against him/her, to have process for obtaining witnesses in his/her favor, to have assistance of counsel for his/her defense, to be presumed innocent until proven guilty, and to be protected against cruel and unusual punishment. 10. Parliament shall not pass any bill of attainder or ex post facto law. 11. Any citizen who has been detained may challenge his or her detention through a writ of habeas corpus. 12. Every nation within the region shall have the right to decide upon its own internal government except in relation to the responsibilities of Royal Exshaw Attack Force members and the World Assembly Regional Delegate, which shall include regulation of the number of World Assembly endorsements nations within the region may have. 13. The rights of those who travel to or reside in Exshaw but who are not citizens, unless otherwise protected by this Constitution, shall be determined through statute or by the applicable interregional treaty. 14. The specification of the above rights shall not be construed to restrict or prohibit the Parliament from further protecting the rights of citizens and/or non-citizens. Article II: State of Exshaw Section 1: Sovereign 1. The Sovereign shall be the Supreme Ruler of Exshaw and the Head of State. 2. The Sovereign shall together with the Prime Minister jointly exercise the power to make treaties, provided that 2/3 of votes cast in the Senate are in favor of ratification. 3. The Sovereign shall be a lifelong voting member of the Assembly. 4. The Sovereign shall be ineligible for election to the Prime Ministry or Deputy Prime Ministry, appointment to the Government, election to the General Secretariat of the Assembly, election to the Senate, and/or appointment to the Royal Court. 5. The Sovereign may dispense or remove any title of royalty or nobility at his or her discretion. The Sovereign may also grant forum administration power to any royal or noble at his or her discretion. Section 2: Council of Nobles 1. The Council of Nobles shall consist of all royalty and nobility. 2. The Council of Nobles shall fulfill all duties and exercise all powers of the Sovereign during the announced temporary or extended absence of the Sovereign. 3. If the Sovereign has been absent for two weeks or longer without prior announcement, all duties and powers of the Sovereign shall automatically be vested in the Council of Nobles until the Sovereign's return. 4. Should the Sovereign resign his or her office or die while in office, the Council of Nobles shall nominate two candidates from among its members to succeed the Sovereign and a regionwide election shall be held to elect the Sovereign's successor. 5. The Council of Nobles shall have sole power to make and revise its own procedural rules. Section 3: Crown Prince/ss 1. The Sovereign shall nominate a Crown Prince/ss who shall chair the Council of Nobles. 2. Following the Sovereign's nomination of a Crown Prince/ss, he or she must be confirmed by a simple majority of votes cast in the Senate before he or she can assume the office of Crown Prince/ss. 3. Should the office of Crown Prince/ss fall vacant, the Council of Nobles shall be chaired by the most senior noble or royal until a new Crown Prince/ss is confirmed. 4. The Sovereign may at any time remove the Crown Prince/ss from office. 5. The Crown Prince/ss shall be ineligible for election to the Prime Ministry or Deputy Prime Ministry, appointment to the Government, election to the General Secretariat of the Assembly, election to the Speakership of the Senate, and/or appointment to the Royal Court. Section 4: Royal Exshaw Attack Force 1. The Sovereign shall be the Commander-in-Chief of the Royal Exshaw Attack Force and shall be responsible for commissioning all of its officers. 2. The Sovereign may nominate a Commanding General to exercise his or her authority over the Royal Exshaw Attack Force. 3. Following the Sovereign's nomination of a Commanding General, he or she must be confirmed by a simple majority of votes cast in the Senate before he or she can assume the office of Commanding General. 4. The Sovereign may remove the Commanding General at his or her discretion. Section 5: Emergency Powers 1. A State of Emergency shall be declared, the Government and Parliament dissolved, and all executive and legislative power over the region vested in the Sovereign should any of the following occur: a) The Government declares a coup or usurps for itself any power not authorized by this Constitution; b) The Crown Prince/ss and/or Council of Nobles declare a coup or usurp for themselves any power not authorized by this Constitution. 2. During a State of Emergency, the Sovereign may issue Imperial Edicts that shall have the force of law until the State of Emergency has ended and Imperial Edicts can be reviewed by the Parliament. 3. A State of Emergency shall be declared at an end at the sole discretion of the Sovereign. Article III: Government of Exshaw Section 1: Prime Minister 1. The Prime Minister shall be the Head of Government, responsible for the execution of all Government duties and powers not granted to others by this Constitution and shall together with the Deputy Prime Minister be elected by the citizens of Exshaw in regionwide elections. 2. The Prime Minister shall be empowered to issue executive orders for the order, security, and good government of the region that shall have the force of law unless amended or repealed by the Parliament or rescinded by subsequent executive order. 3. The Prime Minister shall be empowered to create ministries and nominate ministers to assist him or her in administering the Government. Parliament shall be empowered to create additional ministries or to alter or abolish ministries created by the Prime Minister. 4. Following the Prime Minister’s nomination of any minister, he or she must be confirmed by a simple majority of votes cast in the Senate before he or she can assume the office to which he or she has been nominated. 5. The Prime Minister may at his or her discretion remove any minister from office. 6. The Prime Minister shall be ineligible for appointment to any subordinate Government office, election to the General Secretariat of the Assembly, election to the Senate, and/or appointment to the Royal Court during his or her term(s). 7. The Prime Minister may be removed from office at any time by a Resolution of Removal if 3/4 of votes cast in each chamber of Parliament are in favor of the resolution and if the resolution is signed by the Sovereign. 8. General election for Prime Minister shall be held every sixty days and administered by the Sovereign or, in his or her absence, the Crown Prince/ss. Section 2: Deputy Prime Minister 1. The Deputy Prime Minister shall assist the Prime Minister in the administration of the Government. 2. In the event that the Prime Minister leaves or is removed from office, the Deputy Prime Minister shall be vested with all powers and responsibilities of the Prime Minister and shall become the Acting Prime Minister until a new Prime Minister can be elected. In the event that the Prime Minister has announced a leave of absence or is absent for longer than one week without announcement, the Deputy Prime Minister shall be vested with all powers and responsibilities of the Prime Minister and shall become the Acting Prime Minister. The Deputy Prime Minister shall remain Acting Prime Minister until the Prime Minister officially announces his or her return and his or her return is approved by the Sovereign or, in the Sovereign's absence, the Council of Nobles. During the Deputy Prime Minister's tenure as Acting Prime Minister, the Deputy Prime Ministry shall remain vacant.[1] 3. If the Deputy Prime Minister is for any reason unable to succeed the Prime Minister as Acting Prime Minister, succession shall pass to the Speaker of the Senate, then to the General Secretariat of the Assembly, then to the Appellate Judge of the Royal Court in that order and as need dictates. 4. The Sovereign may call a special election for Prime Minister at his or her discretion in the event that the Prime Minister leaves or is removed from office. 5. Should the Deputy Prime Ministry become vacant, the Prime Minister shall nominate a new Deputy Prime Minister who must be confirmed by a simple majority of votes cast in the Senate before he or she can assume office. Article IV: Parliament of Exshaw Section 1: Parliament 1. The Parliament of Exshaw shall be vested with all legislative duties and powers. Section 2: The Senate 1. The Senate shall be the upper chamber of Parliament, comprised of five senators who shall be elected by the citizens of Exshaw in regionwide elections. 2. The Senate shall elect from among its voting membership a Speaker to be the leader of the Senate. The Senate may also elect or otherwise allocate other leadership positions according to its own procedural rules. 3. The Senate shall have sole power to make and revise its own procedural rules. 4. Should the Speakership of the Senate become vacant, the Senate shall elect a new Speaker as soon as practicable. 5. Should a Senate seat become vacant, a special election to fill that seat shall be held as soon as practicable. 6. General election for the Senate shall be held every sixty days and administered by the Sovereign or, in his or her absence, the Crown Prince/ss. Section 3: The Assembly 1. The Assembly shall be the lower chamber of Parliament. Membership shall be open to all residents of the region who have applied and been accepted by the Sovereign, the Government, or the General Secretary of the Assembly. 2. Membership in the Assembly shall not be open to any senator during his or her term(s). 3. The Assembly shall elect from among its membership a General Secretary to be the leader of the Assembly. The Assembly may also elect or otherwise allocate other leadership positions according to its own procedural rules. 4. The Assembly shall have sole power to make and revise its own procedural rules. 5. Should the position of General Secretary of the Assembly become vacant, the Assembly shall elect a new General Secretary to serve for the remainder of that term. 6. The Assembly shall hold election for General Secretary every sixty days. Section 4: Process of Bills 1. Any member of Parliament may introduce a bill into the chamber of which he or she is a member. 2. Once a bill has been introduced as a draft and appropriately discussed and debated, a publicly recorded vote on the bill shall be held in each chamber. For a proposed bill to be considered approved by the Parliament, a simple majority of votes cast in each chamber must be in favor of the bill. 3. In order to become law, once a bill has been approved by the Parliament it must be approved by the Sovereign or it shall not become law, unless a 3/4 vote in each chamber of Parliament is in favor of overriding the Sovereign's veto. 4. If the Sovereign has not explicitly withheld approval of a bill after seven days that bill shall become law with or without his or her express approval. 5. A defeated bill may be reintroduced by its author with revisions to the chamber of which the defeated bill's author is a member. Article V: Royal Court of Exshaw 1. The Royal Court of Exshaw shall be vested with all judicial duties and powers and shall consist of an Appellate Court and a Trial Court. 2. The Royal Court shall be composed of an Appellate Judge to preside over the Appellate Court and a Trial Judge to preside over the Trial Court. Any ruling by the Appellate Court is final and binding upon the Trial Court. 3. The Sovereign shall nominate the Appellate Judge and the Trial Judge of the Royal Court. 4. Following the Sovereign's nomination of the Appellate Judge or Trial Judge, he or she must be confirmed by a simple majority of votes cast in the Senate before he or she can assume the judicial office to which he or she has been nominated. 5. The Royal Court shall be responsible for interpreting all constitutional and parliamentary law, settling civil disputes, and ruling on alleged violations of the law. 6. The Royal Court shall have sole power to make and revise its own procedural rules. Article VI: Supremacy 1. This Constitution overrules any conflicting clauses in laws passed by the Parliament. 2. Any constitution that has previously been in force shall be rendered null and void by the ratification of this Constitution. Any law that has previously been in force under previous constitutions shall continue to be in force, except in the case of clauses that conflict with this Constitution. 3. General elections for the elected offices established by this Constitution shall begin immediately upon the ratification of this Constitution. Article VII: Amendment 1. Amendments to this Constitution may be made under the process established by Article IV, Section 4 of this Constitution and a proposed amendment shall be amended into this Constitution if it has received 3/4 of votes cast in its favor in each chamber of Parliament and if it has been signed by the Sovereign. The Sovereign's veto of constitutional amendments may not be overridden. A proposed amendment shall not become law without the Sovereign's explicit approval. Article VIII: Ratification 1. This Constitution shall be ratified and go into full effect whenever it receives 3/4 of votes cast in its favor in each chamber of Parliament and is signed by the Sovereign. --- [1] Amended by the The Prime Minister's Absence Amendment, ratified on April 26, 2012. Edited by Cormac, Apr 28 2012, 04:00 AM.
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