Constitution of the Independent OrderWHEREAS the members of the Independent Order have, after due time and consideration, determined that there shall exist a single Constitution with supreme authority over all laws,
BE IT ENACTED by Her Excellency the Grand Chancellor, by and with the advice and consent of the Regional Assembly, and by the authority of the same, as follows:Article One: The Chancellery(1) The Grand Chancellor shall be the Head of State of The Independent Order and Commander-in-Chief of the Armed Forces of The Independent Order.
(2) The Grand Chancellor shall be responsible for:
- Ensuring the safety and stability of The Independent Order;
- Organising Premier elections and referenda, as defined by law;
- Inducting, by means of Writ, members of the region into the Regional Nobility;
- Administering the forum, the official chatroom of the region, the NationStates region, and any other official off-forum locations;
- Advising members of the executive, judiciary and legislature, where requested;
- Exercising authority arising from Order legislation, including this Constitution, where required;
- Delegating their authority, where required or defined by law.
(3) Where required, and where defined by law, the Grand Chancellor may exercise authority through Orders of the Chancellery (‘by Order’).
(4) The Grand Chancellor may be recalled following a vote of two-thirds of the Regional Assembly and a referendum of all members of the Independent Order, as defined by law. Should a Grand Chancellor be recalled, then an Act of the Assembly shall be required to appoint a replacement.
Article Two: The Executive(5) The Premier shall be the Head of Government of the Independent Order.
(6) The Premier shall be elected by all eligible members of the Independent Order for a term of 65 days. An eligible member is one who has been a member of the Independent Order for a minimum of two weeks (14 days) and has made six non-spam posts on the forum.
(7) Elections for the Premier shall consist of a nomination period of seventy-two hours, followed by a voting period of forty-eight hours. These shall run consecutively during the final five days of the Premier term, or following the removal of a Premier.
(8) To stand for election as Premier a candidate must have been a member of The Independent Order for a period of forty-five days and have made a minimum of twenty non-spam posts on the forum. They must also post a manifesto introducing themselves to the region and outlining their plans for their time in office. A Premier may not serve more than two consecutive terms, unless, at the end of their term, there are no nominations in the election, in which case the incumbent retains the position for a further term.
(9) The Premier shall appoint a Cabinet to serve and advise them, consisting of a Vice Premier and Ministers of the Order. The Premier shall be required, when appointing a Minister, to outline their duties, responsibilities and expectations. The Vice Premier shall, for legislative purposes, be considered a Minister.
(10) The Premier and Vice Premier may occupy other ministerial positions in addition to their regular duties.
(11) The Premier, Vice Premier, and Ministers of the Order shall be required to provide an open topic in their respective forum to allow members to raise concerns, ask questions and propose ideas. Due regard must be given to such members, and an official response must be issued within fourteen days.
(12) Where required, and where defined by law, the Premier and Ministers of the Order may exercise authority through an Order of the Executive (‘by Executive Order’). The Premier may annul Executive Orders issued by other members of the Cabinet.
(13) The Premier may be removed by a motion of no confidence in the Regional Assembly.
Article Three: The Regional Assembly(14) Legislative authority, including roleplay matters, shall be vested in the Regional Assembly of the Independent Order.
(15) The Regional Assembly shall be open to all eligible members of the Independent Order, as defined by law.
(16) The Regional Assembly shall elect a Speaker for an indefinite term, removable by a motion of no confidence, who shall:
- Be responsible for chairing debates;
- Administer the legislative process, as defined by law;
- Exercise any authority arising from legislation;
- Not be the Premier, Vice Premier, a Minister of the Order, the Lord Chief Justice or a member of the Chancellery;
- Have been a member of The Independent Order for a period of twenty days and have made a minimum of twenty non-spam posts on the forum; and
- Appoint a Deputy, who shall not be the Premier, Lord Chief Justice or a member of the Chancellery.
(17) The Regional Assembly shall be responsible for creating, amending and repealing laws, including this Constitution. All Acts or Motions for debate must be submitted to the Regional Assembly docket, after which the Speaker shall move the matter to the Assembly floor.
(18) All debates must last a minimum of 72 hours, after which any Assembly Member may motion that the matter be moved to vote. Should the motion receive two seconds, the Speaker shall move the matter to vote. All votes in the Regional Assembly shall last 48 hours, be administered by the Speaker and, for matters not otherwise listed, a simple majority shall rule. Where the vote is tied, the Speaker shall have the deciding vote.
(19) All Acts of the Assembly shall require the signature of the Grand Chancellor. Should the Grand Chancellor refuse assent to a bill, then the Speaker shall open a new vote in the Assembly. Should the proposed Act receive the support of at least two-thirds of members, then the Act shall become law.
(20) Should an Act of the Assembly seek to amend this Constitution, the Roleplay Rules of the Independent Order or the Criminal Code of the Independent Order, it shall require the support of at least two-thirds of the Assembly, and the assent of the Grand Chancellor. Should the Grand Chancellor refuse assent, the matter shall shall be determined by a referendum of all members of the Independent Order.
Article Four: The Roleplay Magistrate(21) There shall be a Roleplay Magistrate responsible for the enforcement of roleplay rules.
(22) The Roleplay Magistrate shall be appointed by the Grand Chancellor with the advice and consent of the Premier and Regional Assembly, for an indefinite term. The Roleplay Magistrate may be dismissed by the Grand Chancellor, with the consent of the Assembly.
(23) The Roleplay Magistrate shall:
- Appoint a Deputy Magistrate;
- Enforce the Roleplay Rules;
- Advise the Regional Assembly on matters regarding the Roleplay Rules;
- Fulfil any responsibilities arising from legislation;
- Recommend awards to be issued by the Grand Chancellor to members of the Independent Order who have produced outstanding pieces of work; and
- Limit the rights of offending members by means of an Order of the Roleplay Magistrate (a ‘Roleplay Order’).
(24) When enforcing the Roleplay Rules, the Roleplay Magistrate must:
- :
- Act objectively and impartially, and at no point may seek to advantage their own roleplay position;
- Seek to take all reasonable steps to resolve a conflict both privately and publicly;
- Publish records of any formal rulings they make in the appropriate forum, detailing the nature of the issue, the rule broken, the steps taken to resolve it and the resolution of the issue; and
- Only issue a Roleplay Order against a member after all other reasonable steps have been taken to resolve the matter.
Article Five: The Judiciary(25) The Judiciary shall be headed by the Lord Chief Justice.
(26) The Lord Chief Justice shall be appointed by the Grand Chancellor, with the advice of the Premier and consent of the Regional Assembly, for an indefinite term. The Lord Chief Justice may be dismissed by the Grand Chancellor, with the advice and consent of the Premier.
(27) The Lord Chief Justice shall be responsible for:
- Training Judges and Advocates;
- Advising the Chancellery, Executive, Regional Assembly and Roleplay Magistrate on points of law;
- Investigating complaints originating outside the Regional Roleplay and determining a reasonable action;
- Fulfilling any responsibilities arising from legislation;
- Conducting judicial reviews where it is suspected that any member or institution of the government has acted ultra vires, as defined by law;
- Hearing appeals from the Roleplay Magistrate on matters regarding Regional Roleplay, as determined by law;
- Monitoring all elections to ensure that they are free and fair; and
- Ensuring that all areas of the government comply with all legislation.
(28) Should the Lord Chief Justice determine that a body has acted ultra vires, or that elections were not free and fair, they may issue an Order of the Judiciary (‘Judicial Order’) to remedy the matter, as defined by law.
Article Six: Miscellaneous Provisions(29) The Constitution and the Criminal Code (2013) shall extend fully to all parts Independent Order, including the forum, NationStates region, official chatroom and any official off-forum locations. Additionally:
- The Zetaboards Terms of Service and Terms of Use shall be considered part of this constitution, as defined by law;
- Where reference is made in law to a previous Charter or Constitution of the Independent Order, it shall be deemed to be referring to this Constitution; and
- The Regional Assembly shall, where a matter arising in this constitution requires a definition in law, enact such legislation if necessary for the stable operation the constitution.
(30) If any individual in a position established by this Constitution, with the exception of members of the Regional Assembly, fails to log in to the forum for a period of fourteen days without posting a Leave of Absence they shall be deemed as having vacated their position. Vacancies, including those arising from resignation, shall be filled:
- Where a deputy or vice exists, by said deputy or vice; or
- Where no such deputy or vice exists, or if the deputy or vice has also gone inactive, by the usual procedures specified in this Constitution and otherwise by law.
Explanatory note (not part of Constitution)This constitution replaces the existing Charter of the Independent Order. It sets out that the Grand Chancellor will be the head of state and commander-in-chief, and will have certain (mostly ceremonial) functions + forum administrative powers. There is also the Premier (the Head of Government) who will be elected every 65 days and can appoint minister, propose legislation, etc. The Regional Assembly maintains its current powers, but adds to it all the powers of the Roleplay Council. It includes a whole new section in the Roleplay Magistrate, who is responsible for enforcing the RP rules. Finally, it includes the Lord Chief Justice, who is responsible for enforcing general law, appeals and judicial review. The new constitution applies everywhere the light touches.