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by The Library of The Democratikan Archive. 325 days ago. 264 reads.
Constitution of The Democratika [C]
CONSTITUTION OF THE DEMOCRATIKA
Opening Statement:
This document is the official, and only, document of recognized laws within The Democratika. The goal of this Constitution and the goal of every Democratikan is the protection, maintenance, and growth of the Region's three tenets of democracy, security, and equality under the law.
Section 1 - The Rights of Nations
Article 1 - All Democratikans and nations found within Regional Territory are equal under the laws of The Democratika and will be considered innocent until proven guilty by whatever methods a legislative body or a Regional Council finds appropriate.
Article 2 - All Democratikans and nations found within Regional Territory hold the right to free speech and the ability to protest.
Article 3 - Hate speech is not protected under Article 2. Hate speech refers to any speech referring to the degradation of any group of peoples or any speech calling for the extermination of a certain group.
Article 4 - All citizens have the initial right to run and vote in regional elections. However, restrictions may be placed such as World Assembly membership or verification of identity to curb efforts of voter fraud.
Article 5 - No citizen can be turned away from candidacy or voting, except for the following reasons: being a raider not sanctioned by the region, attempting voter fraud, or colluding with a hostile foreign power.
Section 2 - The Territories Clause
Article 1 - Every new territory is to be under the jurisdiction of a different Executive Councillor. At the writing of the Constitution there are three territories: the NationStates Territory (region=the_democratika), the Discord Territory, and the Website Territory (https://the-democratika.com). A territory must always be under the jurisdiction of an Executive Councillor. An Executive Councillor may not hold jurisdiction over more than one territory, unless it is absolutely necessary or impossible to transfer administration.
Article 2 – Executive Councillors in charge of a territory do not have free reign over said territory and do not hold any additional privileges in government. They are solely responsible for the upkeep of the territory and must abide by the wishes of the Government.
Section 3 - The Democratikan Government
Article 1 - The Democratikan Government shall consist of three branches: the executive branch, the legislative branch, and the supervisory branch.
Article 2 - The executive branch of the Democratikan Government is the Executive Council. It is the first and foremost branch of the Democratika. In a state of emergency, in which the other branches of government are not able to fulfill their responsibilities due to dismissal, unavailability, stagnation of activity, decreasing population, or takeover by hostile powers, the Executive Council is able to take full control of regional affairs.
Article 3 - The legislative branch of government is the Legislative Council. It is in charge of proposing, voting on, and implementing laws within the region. The Legislative Council is also responsible for amending the Constitution.
Article 4 - The supervisory branch of government is the Oversight Council. The Oversight Council shall act as the ultimate authority on constitutional matters, and is also responsible for ensuring that the two other branches of government act in accordance with the Constitution. The Oversight Council shall be responsible for carrying out impeachment investigations and proceedings, and to oversee the processes of the different branches of government to ensure the smooth and effective operation of government.
Article 5 – The Chancellor of the Democratika is the head of the Democratikan Government and is directly elected by the Citizens of the Democratika. The Chancellor is responsible for the appointment and dismissal of members of the Executive Council with confirmation from the Oversight Council.
Article 6 – No individual may serve on more than one Council simultaneously. Any instances of this will be seen as a conflict of interest and will be investigated by the Oversight Council. If an individual is charged and found guilty of conflict of interest they shall be dismissed from all government positions and any additional sanctions the Oversight Council deems fit.
Article 7 – Members of the Executive and Oversight Councils must not bear any allegiances to regional political parties or groups. If they are found to be a member of a political party or entity during their tenure they must resign from the political entity, and may face other sanctions that the Government deems fit. The Chancellor is not exempt from this requirement.
Article 8 – All branches of the Government have the right to question and challenge the actions taken by another branch of the Government if they believe it is inappropriate, illegal, or unconstitutional. This must be resolved internally between all parties involved, but if an internal consensus cannot be reached, a legally binding referendum must be held by the Oversight Council.
Article 9 – If the region or major regional assets have been seized by hostile powers and there is no feasible way to recover the region or said assets, Citizens and the Government of the Democratika must continue to apply this Constitution as well as Greater Democratikan Ideals to any successor entity. It is also the duty of the Government to maintain backups and failsafes of major regional assets, such as the Discord server. Further actions, including military action, may be taken at the discretion of the current Democratikan administration.
Section 4 - The Executive Council
Article 1 - The Executive Council will consist of the Chancellor and an undefined number of Executive Councillors.
Article 2 - The Executive Council is in charge of inter-regional affairs and implementing any changes decided upon to the NationStates regional page and any other area currently under this branch's jurisdiction. The Executive Council is also responsible for the continuous enforcement of the law.
Article 3 - The Chancellor is responsible for signing bills into law. The Chancellor may veto a bill after being informed by the Oversight Council that it goes against core Democratikan principles and/or Greater Democratikan Interests.
Article 4 - Under the pretense that the region is under critical threat of collapsing, elections can be suspended by a unanimous vote of the Executive Council.
Article 5 – Executive Councillors are selected and dismissed by the Chancellor with confirmation from the Oversight Council.
Article 6 – There are no term lengths nor limits for Executive Councillors who are not serving as Chancellor. Other Executive Councillors are not automatically dismissed when a new Chancellor is elected. The Chancellor serves a term of six (6) months but does not have any term limits.
Article 7 - The Executive Council may declare a state of emergency through a unanimous internal vote. A declaration of a state of emergency grants the Executive Council additional emergency authority. Declarations of a state of emergency are subject to scrutiny and veto by the Oversight Council and/or the Legislative Council.
Section 5 - The Legislative Council
Article 1 - The Legislative Council is a caucus that is equivalent to or greater than 3% of the regional population, which includes Citizens and Residents, with elections being held every three (3) months.
Article 2 - The Legislative Council must add more seats to the caucus proportional to the rate of regional population growth at the commencement of every new term, if necessary The number of seats must always be an odd number. The seat count must be confirmed by the Oversight Council periodically.
Article 3 - Executive Councillors and Oversight Councillors may propose bills to be voted on by the Legislative Council, but may not vote on pieces of legislation themselves, propose amendments to any piece of legislation, nor may they attempt to influence the outcome of a Legislative Council vote.
Article 4 - Any Legislative Councillor may propose amendments to a bill that is being debated, and these amendments will be added to the bill after a majority vote in the Legislative Council.
Article 5 - The Speaker of the Legislative Council shall be responsible for maintaining decorum in the Legislative Council, as well as entertaining motions, bills, and amendments from individual Legislative Councillors. The Speaker is to remain firmly neutral and take no part in debate.
Article 6 - The Speaker of the Legislative Council shall be a member of the Oversight Council. The Speaker can be replaced via a majority vote in the Legislative or Oversight Councils.
Article 7 - There is no term length nor limit for the office of the Speaker of the Legislative Council.
Article 8 - During periods of inactivity in the region, the Legislative Council may be suspended for a period of one (1) month by a unanimous vote in the Executive Council, under the pretense that it would be ineffective and inefficient for the region to have a dedicated legislature. In this scenario, the Executive Council shall also gain the powers of the legislative branch. However, this must be renewed during every month of inactivity and can be revoked at any time by a unanimous vote in the Oversight Council.
Article 9 – The Legislative Council may reverse actions taken by the Executive and Oversight Councils through a unanimous vote, except for matters of constitutional importance for the latter. If a decision cannot be reached internally or if there is a deadlock in decision making in all three Councils, a legally-binding referendum must be held.
Article 10 – The Legislative Council may vote unanimously for a motion of no confidence against the Chancellor, which will trigger immediate snap elections for the office of the Chancellor.
Article 11 – Pieces of legislation which create new constitutional or political precedents passed by the Legislative Council will be added into this Constitution when appropriate.
Section 6 - The Oversight Council
Article 1 - The Oversight Council shall consist of senior Democratikans who have been called upon to serve by the Executive Council. Oversight Councillors can also be appointed and dismissed through an internal vote that has been approved by the Executive Council.
Article 2 - The Oversight Council is the highest authority on constitutional matters and is responsible for interpreting the Constitution and advising the Executive and Legislative Councils on the Constitution, as well as overseeing the general operations of the region.
Article 3 - There are no term lengths nor limits for the Oversight Council.
Article 4 - The Oversight Council is responsible for managing public relations as well as carrying our impeachment investigations and proceedings. The Oversight Council is also the electoral commission and is responsible for calling and holding elections.
Article 5 - The Oversight Council may dismiss members of the Legislative Council on constitutional grounds.
Section 7 - Elections
Article 1 - Elections can be held in whichever manner deemed appropriate by the Oversight Council while remaining constitutional as defined throughout Section 7
Article 2 - Elections officially begin with at least a work week (5 days) of campaign time for candidates. At least two (2) days should be allocated to the opening and closing of the ballot.
Article 3 - Elections are to be free, fair, and open to the public. Citizens are allowed to change their vote at any time prior to the closing of the ballot.
Article 4 – Any Citizen has the right to contest a seat in the Legislative Council as part of any political party.
Article 5 – Citizens will rank the candidates running for the Legislative Council by preference on a ranked ballot.
Article 6 – Candidates for the office of Chancellor must run as independent candidates who are not part of any political party.
Article 7 - Under no circumstances must the results of an election be released prematurely, as this could unduly influence the voting disposition of the general public. Elections results must only be released once the ballot has been closed.
Article 8 - Appropriate measures must be taken to prevent voter fraud. These measures are designed and implemented at the discretion of the Oversight Council.
Section 8 - Political Parties
Article 1 - Political parties in the Democratika exist as a medium for caucuses through which like-minded members of the Legislative Council may gather and discuss matters of state.
Article 2 - Political parties do not affect the Legislative Council during parliamentary procedures such as bill proposals, voting, and debates. Legislative Councillors are not restricted in their cooperation with fellow Legislative Councillors on the basis of party affiliation nor are any Legislative Councillors compelled to vote along party lines for any reason. For the purposes of the Legislative Council, political parties have no formal legal framework during parliamentary procedures.
Article 3 - Citizens are entitled to joining a party, whether or not they are a Legislative Councillor and/or are pursuing a seat in the Legislative Council. The same goes for founding a party.
Article 4 - Political parties must be registered with the Executive Council with confirmation from the Oversight Council. The individual who registers the political party in question must be the founder and/or leader of that political party.
Article 5 - To be considered for registration, a political party registration request must contain the following:
A symbol representing the party
A political ideology or affiliation associated with that party
The name of the party founder and/or leader as well as members
A short paragraph detailing the party’s views
Article 6 - Political parties that contain the following characteristics are illegal:
The political party espouses an ideology that advocates for discriminatory and/or prejudicial dispositions towards any ethnicity, gender, sexual orientation, or religion
The political party espouses an ideology that opposes democracy in full
The political party expresses support for NationStates raiders and/or seeks to establish the Democratika as a raider region
Article 7 -In the event of the absence of a legislative branch in the Democratikan Government as per the decree of a legally-binding referendum, a political party shall hereby serve as a strictly informal caucus with no legal jurisdiction over the Democratikan Government.
Section 9 - Additions, Amendments, and the Striking of Articles of the Constitution
Article 1 - So long as the Legislative Council is active, the responsibility of maintaining, amending, and adding to the Constitution is bestowed upon it. The Executive Council is also allowed to propose amendments but is not allowed to vote on them or attempt to influence the outcome of a Legislative Council vote.
Article 2 - Official amendments will be considered legal proposals if they are written in the style of the Constitution and hold only official language of decorum.
Article 3 - Official language of decorum is hereby defined as any written paragraph or sentence which does not contain profanity, is written in the style of the Constitution, contains no intentional comedic value, and is respectful of The Democratika and everyone within its territories.
Article 4 - All additions, amendments, and striking of clauses are to become official by a 2/3 majority vote for sections, and a simple majority for articles, with anything more serious requiring a unanimous vote.
Article 5 - The Constitution may be scrapped entirely after a unanimous vote in all three branches of government, provided that a new Constitution is drafted immediately after.
Section 10 - Crimes
Article 1 - Any raiders not sanctioned by the region are hereby declared outlaws and have their citizenships revoked.
Article 2 - All hate speech is hereby considered illegal. Refer to section 1, article 3 for a legal definition of hate speech.
Article 3 - If impeachment of an official is considered necessary by any citizen of the region, a proposal to the Oversight Council must be given, and if the accusations are found to be valid, an investigation is to proceed.
Article 4 - If an impeachment investigation finds evidence for the impeachment of the official, articles of impeachment are to be written stating all crimes by said official and given to the Oversight and Executive Councils to vote on (barring the official being impeached if they are an Oversight or Executive Councillor).
Article 5 - If the Oversight and Executive Councils return with a majority vote, the official will be impeached. If only the Executive Council is active, a 2/3 vote in favour of impeachment is needed. If the region is under a state of emergency, a unanimous vote by the Executive Council is needed.
Section 11 - Citizenship and Protections
Article 1 - A citizen is hereby considered any nation which currently resides within the region (special circumstances not included), is the main account of said member of the region, and has a presence on the Democratikan Discord Server (henceforth referred to as the DDS).
Article 2 – A Resident is hereby defined as any nation which currently resides within the region but does not have a presence on the DDS.
Article 3 - A Discord Resident is anyone who wishes to reside permanently in the DDS but does not have a nation in the region.
Article 4 – All Democratikan citizens have the right to vote in elections and legally-binding referendums. Residents and Permanent Residents may not vote in elections or legally-binding referendums, but may vote in non-legally binding referendums.
Article 5 - All individuals with a presence in The Democratika who find their rights infringed upon within the region by any other individual or a governmental entity have the right to take said individual or governmental entity to court.
Article 6 - Expatriates are guaranteed the right to seek asylum within Democratikan territory.
Article 7 - The regional government reserves the right to revoke any citizen's or right and any expatriate's right to citizenship if found that said citizen or expatriate has violated the laws of the region.
Article 8 - If a citizen or expatriate finds their rights violated by another region,The Democratika reserves the right to retaliate equal in equal force to such a violation in an effort to protect a said citizen or expatriate's rights.
Article 9 - Any individual wishing to seek asylum after a raid, fleeing persecution, or fleeing an unlawful/totalitarian regime has the right to temporary residency. Regional refugees can also appeal to the regional government for countermeasures, but no assurances of said countermeasures can be given. Appeals will be considered on a case by case basis.
Article 10 - Democratikan Citizens all have the permanent right of abode in The Democratika and the DDS. Democratikan Residents have the permanent right of abode in The Democratika but not the DDS, as they shall automatically become a citizen upon joining the DDS. Inversely, Democratikan Discord Residents have the permanent right of abode in the DDS but not The Democratika, as they shall automatically become a citizen upon joining The Democratika.
Article 11 - If a Democratikan Citizen, Resident, or Discord Resident is found to be in active affiliation with a raider group, their right of abode may be revoked by the Executive Branch.
Article 12 - Permanent right of abode may also be granted to citizens of regions in an interregional federation/union with The Democratika. The Executive Council may also grant an individual permanent right of abode in The Democratika and/or the DDS after a majority vote, without them being a Citizen, Resident, or Discord Resident.
Section 12 - Legally and Non-legally Binding Referendums
Article 1 - If a vote of either the Executive or Legislative Council is tied and the tie is not resolved internally, a legally-binding referendum must be held.
Article 2 - The results of legally-binding referendums are to be respected by all branches of government and no party may try to influence the outcome of the referendum.
Article 3 - Legally-binding referendums must take the form of a poll conducted via an external service such as Google Forms, and citizens must verify their identities before voting.
Article 4 - The Executive and Legislative Councils must also issue referendums after a petition from 5% or more of the regional population, be they legally binding or not.
Article 5 - Non-legally binding referendums may be issued by both the Executive and Legislative branches at any time, provided that there is not a legally-binding referendum being held at the same time.
Article 6 - Non-legally binding referendums may be used to collect public opinions about a policy change, public opinion on the administration, and other miscellaneous matters.
Article 7 - Non-legally binding referendums may take the form of a NationStates poll, a Discord message with reactions, a poll conducted via an external service, or any other form deemed fit.
Article 8 - The government is under no obligation to institute any kind of policy change after a non-legally binding referendum.
Article 9 - Legally-binding referendums may also be called whenever the Executive or Legislative Council deems it appropriate, given that it has the support of over half of the members of said branch.
Article 10 - The government is obliged to respect the outcome of a legally-binding referendum.
Article 11 - Members of all branches of government with the exception of the NationStates founder may be impeached through a legally binding referendum.
Article 12 - The Oversight Council shall be responsible with holding the actual referendum and ensuring that the process is carried out smoothly.
Article 13 - Referendums may be suspended during a state of emergency.
ORIGINALLY APPROVED BY THE 14TH DEMOCRATIKAN EXECUTIVE COUNCIL - JANUARY 14, DEMOCRATIKA 3
REVISED BY THE 1ST DEMOCRATIKAN PARLIAMENT - JANUARY 23, DEMOCRATIKA 3
REVISED BY THE 16TH DEMOCRATIKAN EXECUTIVE COUNCIL - MARCH 2, DEMOCRATIKA 3
FURTHER REVISED BY THE 16TH DEMOCRATIKAN EXECUTIVE COUNCIL - APRIL 10, DEMOCRATIKA 3
FURTHER REVISED BY THE 16TH DEMOCRATIKAN EXECUTIVE COUNCIL - JULY 5, DEMOCRATIKA 3
SEAL OF THE DEMOCRATIKAN GOVERNMENT
The Library of The Democratikan Archive
Edited: 71 days ago
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by The Library of The Democratikan Archive. 325 days ago. 264 reads.
Constitution of The Democratika [C]
CONSTITUTION OF THE DEMOCRATIKA
Opening Statement:
This document is the official, and only, document of recognized laws within The Democratika. The goal of this Constitution and the goal of every Democratikan is the protection, maintenance, and growth of the Region's three tenets of democracy, security, and equality under the law.
Section 1 - The Rights of Nations
Article 1 - All Democratikans and nations found within Regional Territory are equal under the laws of The Democratika and will be considered innocent until proven guilty by whatever methods a legislative body or a Regional Council finds appropriate.
Article 2 - All Democratikans and nations found within Regional Territory hold the right to free speech and the ability to protest.
Article 3 - Hate speech is not protected under Article 2. Hate speech refers to any speech referring to the degradation of any group of peoples or any speech calling for the extermination of a certain group.
Article 4 - All citizens have the initial right to run and vote in regional elections. However, restrictions may be placed such as World Assembly membership or verification of identity to curb efforts of voter fraud.
Article 5 - No citizen can be turned away from candidacy or voting, except for the following reasons: being a raider not sanctioned by the region, attempting voter fraud, or colluding with a hostile foreign power.
Section 2 - The Territories Clause
Article 1 - Every new territory is to be under the jurisdiction of a different Executive Councillor. At the writing of the Constitution there are three territories: the NationStates Territory (region=the_democratika), the Discord Territory, and the Website Territory (https://the-democratika.com). A territory must always be under the jurisdiction of an Executive Councillor. An Executive Councillor may not hold jurisdiction over more than one territory, unless it is absolutely necessary or impossible to transfer administration.
Article 2 – Executive Councillors in charge of a territory do not have free reign over said territory and do not hold any additional privileges in government. They are solely responsible for the upkeep of the territory and must abide by the wishes of the Government.
Section 3 - The Democratikan Government
Article 1 - The Democratikan Government shall consist of three branches: the executive branch, the legislative branch, and the supervisory branch.
Article 2 - The executive branch of the Democratikan Government is the Executive Council. It is the first and foremost branch of the Democratika. In a state of emergency, in which the other branches of government are not able to fulfill their responsibilities due to dismissal, unavailability, stagnation of activity, decreasing population, or takeover by hostile powers, the Executive Council is able to take full control of regional affairs.
Article 3 - The legislative branch of government is the Legislative Council. It is in charge of proposing, voting on, and implementing laws within the region. The Legislative Council is also responsible for amending the Constitution.
Article 4 - The supervisory branch of government is the Oversight Council. The Oversight Council shall act as the ultimate authority on constitutional matters, and is also responsible for ensuring that the two other branches of government act in accordance with the Constitution. The Oversight Council shall be responsible for carrying out impeachment investigations and proceedings, and to oversee the processes of the different branches of government to ensure the smooth and effective operation of government.
Article 5 – The Chancellor of the Democratika is the head of the Democratikan Government and is directly elected by the Citizens of the Democratika. The Chancellor is responsible for the appointment and dismissal of members of the Executive Council with confirmation from the Oversight Council.
Article 6 – No individual may serve on more than one Council simultaneously. Any instances of this will be seen as a conflict of interest and will be investigated by the Oversight Council. If an individual is charged and found guilty of conflict of interest they shall be dismissed from all government positions and any additional sanctions the Oversight Council deems fit.
Article 7 – Members of the Executive and Oversight Councils must not bear any allegiances to regional political parties or groups. If they are found to be a member of a political party or entity during their tenure they must resign from the political entity, and may face other sanctions that the Government deems fit. The Chancellor is not exempt from this requirement.
Article 8 – All branches of the Government have the right to question and challenge the actions taken by another branch of the Government if they believe it is inappropriate, illegal, or unconstitutional. This must be resolved internally between all parties involved, but if an internal consensus cannot be reached, a legally binding referendum must be held by the Oversight Council.
Article 9 – If the region or major regional assets have been seized by hostile powers and there is no feasible way to recover the region or said assets, Citizens and the Government of the Democratika must continue to apply this Constitution as well as Greater Democratikan Ideals to any successor entity. It is also the duty of the Government to maintain backups and failsafes of major regional assets, such as the Discord server. Further actions, including military action, may be taken at the discretion of the current Democratikan administration.
Section 4 - The Executive Council
Article 1 - The Executive Council will consist of the Chancellor and an undefined number of Executive Councillors.
Article 2 - The Executive Council is in charge of inter-regional affairs and implementing any changes decided upon to the NationStates regional page and any other area currently under this branch's jurisdiction. The Executive Council is also responsible for the continuous enforcement of the law.
Article 3 - The Chancellor is responsible for signing bills into law. The Chancellor may veto a bill after being informed by the Oversight Council that it goes against core Democratikan principles and/or Greater Democratikan Interests.
Article 4 - Under the pretense that the region is under critical threat of collapsing, elections can be suspended by a unanimous vote of the Executive Council.
Article 5 – Executive Councillors are selected and dismissed by the Chancellor with confirmation from the Oversight Council.
Article 6 – There are no term lengths nor limits for Executive Councillors who are not serving as Chancellor. Other Executive Councillors are not automatically dismissed when a new Chancellor is elected. The Chancellor serves a term of six (6) months but does not have any term limits.
Article 7 - The Executive Council may declare a state of emergency through a unanimous internal vote. A declaration of a state of emergency grants the Executive Council additional emergency authority. Declarations of a state of emergency are subject to scrutiny and veto by the Oversight Council and/or the Legislative Council.
Section 5 - The Legislative Council
Article 1 - The Legislative Council is a caucus that is equivalent to or greater than 3% of the regional population, which includes Citizens and Residents, with elections being held every three (3) months.
Article 2 - The Legislative Council must add more seats to the caucus proportional to the rate of regional population growth at the commencement of every new term, if necessary The number of seats must always be an odd number. The seat count must be confirmed by the Oversight Council periodically.
Article 3 - Executive Councillors and Oversight Councillors may propose bills to be voted on by the Legislative Council, but may not vote on pieces of legislation themselves, propose amendments to any piece of legislation, nor may they attempt to influence the outcome of a Legislative Council vote.
Article 4 - Any Legislative Councillor may propose amendments to a bill that is being debated, and these amendments will be added to the bill after a majority vote in the Legislative Council.
Article 5 - The Speaker of the Legislative Council shall be responsible for maintaining decorum in the Legislative Council, as well as entertaining motions, bills, and amendments from individual Legislative Councillors. The Speaker is to remain firmly neutral and take no part in debate.
Article 6 - The Speaker of the Legislative Council shall be a member of the Oversight Council. The Speaker can be replaced via a majority vote in the Legislative or Oversight Councils.
Article 7 - There is no term length nor limit for the office of the Speaker of the Legislative Council.
Article 8 - During periods of inactivity in the region, the Legislative Council may be suspended for a period of one (1) month by a unanimous vote in the Executive Council, under the pretense that it would be ineffective and inefficient for the region to have a dedicated legislature. In this scenario, the Executive Council shall also gain the powers of the legislative branch. However, this must be renewed during every month of inactivity and can be revoked at any time by a unanimous vote in the Oversight Council.
Article 9 – The Legislative Council may reverse actions taken by the Executive and Oversight Councils through a unanimous vote, except for matters of constitutional importance for the latter. If a decision cannot be reached internally or if there is a deadlock in decision making in all three Councils, a legally-binding referendum must be held.
Article 10 – The Legislative Council may vote unanimously for a motion of no confidence against the Chancellor, which will trigger immediate snap elections for the office of the Chancellor.
Article 11 – Pieces of legislation which create new constitutional or political precedents passed by the Legislative Council will be added into this Constitution when appropriate.
Section 6 - The Oversight Council
Article 1 - The Oversight Council shall consist of senior Democratikans who have been called upon to serve by the Executive Council. Oversight Councillors can also be appointed and dismissed through an internal vote that has been approved by the Executive Council.
Article 2 - The Oversight Council is the highest authority on constitutional matters and is responsible for interpreting the Constitution and advising the Executive and Legislative Councils on the Constitution, as well as overseeing the general operations of the region.
Article 3 - There are no term lengths nor limits for the Oversight Council.
Article 4 - The Oversight Council is responsible for managing public relations as well as carrying our impeachment investigations and proceedings. The Oversight Council is also the electoral commission and is responsible for calling and holding elections.
Article 5 - The Oversight Council may dismiss members of the Legislative Council on constitutional grounds.
Section 7 - Elections
Article 1 - Elections can be held in whichever manner deemed appropriate by the Oversight Council while remaining constitutional as defined throughout Section 7
Article 2 - Elections officially begin with at least a work week (5 days) of campaign time for candidates. At least two (2) days should be allocated to the opening and closing of the ballot.
Article 3 - Elections are to be free, fair, and open to the public. Citizens are allowed to change their vote at any time prior to the closing of the ballot.
Article 4 – Any Citizen has the right to contest a seat in the Legislative Council as part of any political party.
Article 5 – Citizens will rank the candidates running for the Legislative Council by preference on a ranked ballot.
Article 6 – Candidates for the office of Chancellor must run as independent candidates who are not part of any political party.
Article 7 - Under no circumstances must the results of an election be released prematurely, as this could unduly influence the voting disposition of the general public. Elections results must only be released once the ballot has been closed.
Article 8 - Appropriate measures must be taken to prevent voter fraud. These measures are designed and implemented at the discretion of the Oversight Council.
Section 8 - Political Parties
Article 1 - Political parties in the Democratika exist as a medium for caucuses through which like-minded members of the Legislative Council may gather and discuss matters of state.
Article 2 - Political parties do not affect the Legislative Council during parliamentary procedures such as bill proposals, voting, and debates. Legislative Councillors are not restricted in their cooperation with fellow Legislative Councillors on the basis of party affiliation nor are any Legislative Councillors compelled to vote along party lines for any reason. For the purposes of the Legislative Council, political parties have no formal legal framework during parliamentary procedures.
Article 3 - Citizens are entitled to joining a party, whether or not they are a Legislative Councillor and/or are pursuing a seat in the Legislative Council. The same goes for founding a party.
Article 4 - Political parties must be registered with the Executive Council with confirmation from the Oversight Council. The individual who registers the political party in question must be the founder and/or leader of that political party.
Article 5 - To be considered for registration, a political party registration request must contain the following:
A symbol representing the party
A political ideology or affiliation associated with that party
The name of the party founder and/or leader as well as members
A short paragraph detailing the party’s views
Article 6 - Political parties that contain the following characteristics are illegal:
The political party espouses an ideology that advocates for discriminatory and/or prejudicial dispositions towards any ethnicity, gender, sexual orientation, or religion
The political party espouses an ideology that opposes democracy in full
The political party expresses support for NationStates raiders and/or seeks to establish the Democratika as a raider region
Article 7 -In the event of the absence of a legislative branch in the Democratikan Government as per the decree of a legally-binding referendum, a political party shall hereby serve as a strictly informal caucus with no legal jurisdiction over the Democratikan Government.
Section 9 - Additions, Amendments, and the Striking of Articles of the Constitution
Article 1 - So long as the Legislative Council is active, the responsibility of maintaining, amending, and adding to the Constitution is bestowed upon it. The Executive Council is also allowed to propose amendments but is not allowed to vote on them or attempt to influence the outcome of a Legislative Council vote.
Article 2 - Official amendments will be considered legal proposals if they are written in the style of the Constitution and hold only official language of decorum.
Article 3 - Official language of decorum is hereby defined as any written paragraph or sentence which does not contain profanity, is written in the style of the Constitution, contains no intentional comedic value, and is respectful of The Democratika and everyone within its territories.
Article 4 - All additions, amendments, and striking of clauses are to become official by a 2/3 majority vote for sections, and a simple majority for articles, with anything more serious requiring a unanimous vote.
Article 5 - The Constitution may be scrapped entirely after a unanimous vote in all three branches of government, provided that a new Constitution is drafted immediately after.
Section 10 - Crimes
Article 1 - Any raiders not sanctioned by the region are hereby declared outlaws and have their citizenships revoked.
Article 2 - All hate speech is hereby considered illegal. Refer to section 1, article 3 for a legal definition of hate speech.
Article 3 - If impeachment of an official is considered necessary by any citizen of the region, a proposal to the Oversight Council must be given, and if the accusations are found to be valid, an investigation is to proceed.
Article 4 - If an impeachment investigation finds evidence for the impeachment of the official, articles of impeachment are to be written stating all crimes by said official and given to the Oversight and Executive Councils to vote on (barring the official being impeached if they are an Oversight or Executive Councillor).
Article 5 - If the Oversight and Executive Councils return with a majority vote, the official will be impeached. If only the Executive Council is active, a 2/3 vote in favour of impeachment is needed. If the region is under a state of emergency, a unanimous vote by the Executive Council is needed.
Section 11 - Citizenship and Protections
Article 1 - A citizen is hereby considered any nation which currently resides within the region (special circumstances not included), is the main account of said member of the region, and has a presence on the Democratikan Discord Server (henceforth referred to as the DDS).
Article 2 – A Resident is hereby defined as any nation which currently resides within the region but does not have a presence on the DDS.
Article 3 - A Discord Resident is anyone who wishes to reside permanently in the DDS but does not have a nation in the region.
Article 4 – All Democratikan citizens have the right to vote in elections and legally-binding referendums. Residents and Permanent Residents may not vote in elections or legally-binding referendums, but may vote in non-legally binding referendums.
Article 5 - All individuals with a presence in The Democratika who find their rights infringed upon within the region by any other individual or a governmental entity have the right to take said individual or governmental entity to court.
Article 6 - Expatriates are guaranteed the right to seek asylum within Democratikan territory.
Article 7 - The regional government reserves the right to revoke any citizen's or right and any expatriate's right to citizenship if found that said citizen or expatriate has violated the laws of the region.
Article 8 - If a citizen or expatriate finds their rights violated by another region,The Democratika reserves the right to retaliate equal in equal force to such a violation in an effort to protect a said citizen or expatriate's rights.
Article 9 - Any individual wishing to seek asylum after a raid, fleeing persecution, or fleeing an unlawful/totalitarian regime has the right to temporary residency. Regional refugees can also appeal to the regional government for countermeasures, but no assurances of said countermeasures can be given. Appeals will be considered on a case by case basis.
Article 10 - Democratikan Citizens all have the permanent right of abode in The Democratika and the DDS. Democratikan Residents have the permanent right of abode in The Democratika but not the DDS, as they shall automatically become a citizen upon joining the DDS. Inversely, Democratikan Discord Residents have the permanent right of abode in the DDS but not The Democratika, as they shall automatically become a citizen upon joining The Democratika.
Article 11 - If a Democratikan Citizen, Resident, or Discord Resident is found to be in active affiliation with a raider group, their right of abode may be revoked by the Executive Branch.
Article 12 - Permanent right of abode may also be granted to citizens of regions in an interregional federation/union with The Democratika. The Executive Council may also grant an individual permanent right of abode in The Democratika and/or the DDS after a majority vote, without them being a Citizen, Resident, or Discord Resident.
Section 12 - Legally and Non-legally Binding Referendums
Article 1 - If a vote of either the Executive or Legislative Council is tied and the tie is not resolved internally, a legally-binding referendum must be held.
Article 2 - The results of legally-binding referendums are to be respected by all branches of government and no party may try to influence the outcome of the referendum.
Article 3 - Legally-binding referendums must take the form of a poll conducted via an external service such as Google Forms, and citizens must verify their identities before voting.
Article 4 - The Executive and Legislative Councils must also issue referendums after a petition from 5% or more of the regional population, be they legally binding or not.
Article 5 - Non-legally binding referendums may be issued by both the Executive and Legislative branches at any time, provided that there is not a legally-binding referendum being held at the same time.
Article 6 - Non-legally binding referendums may be used to collect public opinions about a policy change, public opinion on the administration, and other miscellaneous matters.
Article 7 - Non-legally binding referendums may take the form of a NationStates poll, a Discord message with reactions, a poll conducted via an external service, or any other form deemed fit.
Article 8 - The government is under no obligation to institute any kind of policy change after a non-legally binding referendum.
Article 9 - Legally-binding referendums may also be called whenever the Executive or Legislative Council deems it appropriate, given that it has the support of over half of the members of said branch.
Article 10 - The government is obliged to respect the outcome of a legally-binding referendum.
Article 11 - Members of all branches of government with the exception of the NationStates founder may be impeached through a legally binding referendum.
Article 12 - The Oversight Council shall be responsible with holding the actual referendum and ensuring that the process is carried out smoothly.
Article 13 - Referendums may be suspended during a state of emergency.
ORIGINALLY APPROVED BY THE 14TH DEMOCRATIKAN EXECUTIVE COUNCIL - JANUARY 14, DEMOCRATIKA 3
REVISED BY THE 1ST DEMOCRATIKAN PARLIAMENT - JANUARY 23, DEMOCRATIKA 3
REVISED BY THE 16TH DEMOCRATIKAN EXECUTIVE COUNCIL - MARCH 2, DEMOCRATIKA 3
FURTHER REVISED BY THE 16TH DEMOCRATIKAN EXECUTIVE COUNCIL - APRIL 10, DEMOCRATIKA 3
FURTHER REVISED BY THE 16TH DEMOCRATIKAN EXECUTIVE COUNCIL - JULY 5, DEMOCRATIKA 3
SEAL OF THE DEMOCRATIKAN GOVERNMENT
The Library of The Democratikan Archive
Edited: 71 days ago
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NationStates by Max Barry, author of Lexicon Jennifer Government Syrup Company Machine Man