First Constitution of the Social Liberal Union

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First Constitution of the
Social Liberal Union
2nd Constitution
Enacted by Nations of the
Social Liberal Union
Date enacted 24 April 2011
(6 years ago)
 (2011-04-24)
Date repealed 22 August 2012
(5 years ago)
 (2012-08-22)
Legislative history
Introduced on 25 March 2011
Introduced by Destorio
Voting began 18 April 2011
Required majority Simple majority
Vote results Passed; 10 votes cast
Status: Superseded

Preamble

The Social Liberal Union (also known as the SLU) is a region dedicated to democracy, social welfare, and equality. It was created to further those aims and, to benefit that purpose, commits to writing a codified list of rules to prevent the corruption of those aims.

Article 1: For the creation of an Open Parliament and laws.

  • The Formation of an Open Parliament for the Social Liberal Union, composed of all current members of the SLU.
  • The Parliament holds residual power to legislate over any matter not covered by the World Assembly or other Acts of the Social Liberal Union.
  • Any Member Nation of the SLU may propose a bill to the Parliament for Voting and passage into an Act of the SLU.
  • Upon submission, the bill will be open to a parliamentary discussion to assure it will acquire the approval of as many members as possible to be found favorable if it were to come to a vote. The person who submitted the bill to Parliament will be able to decide upon when the bill is to be voted upon. Once a date has been set by this person to start voting, the WA Delegate will make a decision as to how long the voting period will last for. The maximum period for a vote is set at one month with a minimum period of 24 hours.
  • All times in the Parliament will be based upon Greenwich Mean Time.
  • Passage of the Bill will be determined through a poll via the SLU Regional Headquarters.
  • Passage of the Bill will be determined by a majority rules vote, a majority affirmative vote resulting in the passage of the Bill into an Act of the SLU.
  • The WA delegate may put a passed act on hold if they require, particularly when pertaining to the following point, where:
  • The Founder may veto any act of the SLU that it deems contrary to their outlined goals and vision for the SLU.
  • †An act which has been passed by Parliament cannot be impeded in its progress to becoming part of the law unless:
  • Veto power held by the Founder is now held by the Speaker of the Union as per the 8th Amendment (indicated by the word "Founder" being struck through).
  • Extra restrictions are placed upon the ability to put a passed act on hold or veto an act by the 12th Amendment.
  • †All that follows the symbol (†) is the addition to Article One due to the 12th Amendment.

Article 2: For admission to the SLU, the SLU requires that:

  • all its member states be democratic with universal suffrage to persons over 20 years of age.
  • all law-abiding citizens of member states be given freedom of the press, freedom of speech, freedom of religion, and freedom of assembly. They must be provided protection from harassment by forces of the law, allowed privacy, and must know all charges against them. Law breakers still must have protections from abuse and the purpose of the legal system is to rehabilitate not to punish.
  • rights provided to citizens of member states must be provided to non-citizens visiting or residing there.
  • all citizens of member states be afforded a significant economic safety net which prevents people from living in poverty. States may limit access to this if a person is deemed to be simply exist off the state with no attempts to aid the state in any way.
  • Child labor is illegal and children must be educated to at least a secondary level.
  • Education to at least a secondary level is completely publicly funded.
  • Slavery, including unpaid forced labor of convicts, is illegal and member states must actively oppose it.
The 9th Amendment renders this article null and void.

Article 3: The Rights and Responsibilities of the Founder and WA delegate

  • The World Assembly (WA) delegate is elected by all members of the SLU who are members of the WA for a term of three (3) months.
  • In the event that there is one or no candidate(s) in an election and the current WA delegate is still capable of carrying out their duties, the delegate serves for an interim period of one fortnight until an election can be held. This interim period can be renewed until there is more than one candidate.
  • In the event that there is one or no candidate(s) in an election and the current WA delegate is not capable of carrying out their duties, the Cabinet serves as an executive council for an interim period of one fortnight until an election can be held. This interim period can be renewed until there is more than one candidate.
  • The Founder may not also be WA delegate.
  • Cabinet Minister positions are created by Parliament but members holding those positions are appointed by the WA delegate and may be replaced at the discretion of the WA delegate.
  • Cabinet Ministers only serve for the period of the WA delegate’s term.
  • The Cabinet Ministers and the WA delegate are collectively referred to as the administration.
  • An Executive Order can be created by the collective will of the Founder and the WA Delegate of the Social Liberal Union.
  • An Executive Order can also be created by the WA Delegate with the unanimous approval of any future cabinets or administrations as they may be created with the approval of the Parliament.
  • An Executive Order can only exist as long as two WA Delegate Terms, which is a period of 6 months.
  • An Executive Order can be extended by being submitted to the Parliament as a regular Bill, following the procedures outlined for the passing of a Bill into an Act of the SLU.
  • No more than three Executive Orders can be issued per term without the approval of the Parliament.
  • At any point in its execution, the Delegate or the Founder can end the influence and application of an Executive Order.
  • If a Cabinet Minister resigns from office or is removed, they are replaced by the WA delegate.
  • If the WA delegate resigns from office or is absent without reason for two weeks, an emergency election is held as soon as possible and the Cabinet serves as an executive council in the interim.
  • If the WA delegate is removed from office, an emergency election is held as soon as possible with executive decisions decided by Parliament in the interim.
  • The first portion of text that was struck through is outdated by the 2nd Amendment.
  • The second portion of text that was struck through (the word "Founder") is outdated by the 8th Amendment and the phrase "Speaker of the Union" is to be used in its place.
  • Other instances of the word "Founder" are struck through and the phrase "Speaker of the Union" is to be used in its place.

Article 4: Legal Rights of the Accused and Accusing

  • Any state of the SLU may charge any other state with an infraction if an infraction has been committed.
  • All member states of the SLU are innocent until proven guilty if charged with a crime.
  • No member state can be charged with the same exact same crime twice.
  • An accused member state is allowed knowledge of all charges against it

Article 5: On Legal Proceedings and Infractions of non-administration States

  • Charges must be investigated by a committee appointed by the WA delegate
  • After a thorough investigation the committee presents its findings and advice to Parliament on whether or not to have legal proceedings.
  • Parliament must then act on the advice of the committee. If legal proceedings are called for, the charged state may then defend itself against charges and is allowed legal counsel.
  • If the state is not the Founder, at a vote of Parliament, if a two-thirds majority of those voting (i.e. not charging or charged) finds the charged state guilty, the WA delegate, based on the its judgment of the severity of the crime, chooses one of the following punishments:
  • Place the guilty state on probation
  • Ban the guilty state from Parliament for a maximum of 3 months.
  • Ban the state from the SLU for a minimum of 3 months.
  • If the state is the Founder, at a vote of Parliament, if a two-thirds majority of those voting (i.e. not charging or charged) finds the charged state guilty, the WA delegate, based on its judgment of the severity of the crime, chooses one of the following punishments:
  • Place the Founder on probation.
  • Ban of the Founder from Parliament votes for a maximum of 3 months.
  • Removal of all Founder power for a maximum of 3 months.
  • Ban of the Founder from the SLU for a minimum of 3 months.
  • Should the Founder refuse to accept punishment, the SLU may be recreated with a new Founder.
The entirety of this article is rendered null and void by the 11th Amendment.

Article 6: On Legal Proceedings and infractions of administration States

  • Charges must be investigated by a committee appointed by Parliament
  • After a thorough investigation the committee presents its findings and advice to Parliament on whether or not to have legal proceedings.
  • Parliament must then act on the advice of the committee. If legal proceedings are called for, the charged state may then defend itself against charges and is allowed legal counsel.
  • At a vote of Parliament, if a two-thirds majority of those voting (i.e. those not charging or part of the administration) finds the charged state guilty, an appointed member of Parliament selects, based on that states judgment of the severity of the crime, chooses one of the following punishments:
  • Removal of the guilty state from office.
  • Removal from office and ban of the guilty state from Parliament for a maximum of 3 months.
  • Removal from office and ban of the state from the SLU for a minimum of 3 months.

Article 7: This act does not provide the Parliament:

  • The Ability to Legislate as to laws of Sovereign Nations within its Membership unless approval has been given by the Government of said Member Nations, rather:
  • Actions may still be taken from a Regional perspective to any nation breaking the rules or customs of the SLU as deemed by the Founder, WA Delegate or Parliament.

Article 8: This constitution may be passed, amended or revoked by a vote in favor of half of the members of the SLU

This constitution may be passed, amended or revoked by a vote in favor of half of the members of the SLU

Amendment 1

To open voting on the elected executive and to retroactively approve of elections which took place with this amendment in mind prior to its passing

  • All member states which are an active part of the Open Parliament may vote in the election of the World Assembly (WA) delegate, regardless of membership within the WA.
  • An active part of the Open Parliament is defined as being contactable by the election administrator for the election and is able to partake in the voting system as set up by the election administrator.
  • The election administrator must make the voting system as available as possible to member states.
  • All elections which take place before the passage of the amendment which follow the rules of this amendment rather than those set out in Article 3 of the Constitution of the Social Liberal Union are retroactively approved by the Open Parliament.
The entirety of this article is rendered null and void by the 2nd Amendment.

Amendments 2 to 5

To clarify powers of the executive and strengthen the procedures of the Social Liberal Union

Amendment 2: To clarify electoral procedures

  • All member states which are an active part of the Open Parliament and members of the World Assembly (WA) may take part in the election of the WA Delegate.
  • All member states which are an active part of the Open Parliament may take part in elections of any other elected officials which may be created.
  • An active part of the Open Parliament is defined as being contactable by the election administrator for the election and is able to partake in the voting system as set up by the election administrator.
  • Member states which are independent but share a government may only receive one vote in elections.
  • Ambassadorial nations cannot be member states.
  • The election administrator is a volunteer position, which is occupied by any member state not running in that election.
  • The election administrator must make the voting system as available as possible to member states.
  • All elections which take place before the passage of the amendment which follow the rules of this amendment rather than those set out in Article 3 of the Constitution of the Social Liberal Union are retroactively approved by the Open Parliament.

Amendment 3: To rectify the issue of being without a founder

  • The office of Speaker of the Union is created which serves all the capacities of Founder within the Constitution, in times when the founder is not present.
  • The Speaker of the Union is elected for a 3 month term, half way between elections for the WA delegate during periods where the Founder is absent.
  • The office of Speaker of the Union is dissolved upon the Founder's return but may be re-instated upon another period of absence.
  • The Speaker of the Union may be part of the administration but not WA delegate.
  • The Speaker of the Union may serve as many terms as is desired, but may not serve for more than two terms consecutively.
  • Candidates to the office of Speaker of the Union must be nominated by other member states and not by themselves.
  • If no candidate is deemed worthy of the position of Speaker of the Union, the office remains vacant for the duration of the term.
  • In the event of there being no Speaker or Founder, their powers are transferred to the Cabinet.

Amendment 4: To prevent executive abuses to the Constitution and expand powers

  • No executive order may modify the Constitution in anyway, and to that end this amendment voids the First Amendment, enacted by executive order.
  • The Founder, †WA delegate or Speaker of the Union may not veto amendments to the Constitution passed by the Parliament.
  • The delegate has the power to remove a nation which seems to be a risk or has not been accepted by the region as a member state.
  • Prior to taking action, the Delegate must seek approval from the Speaker of the Union for all matters regarding the removal of nations that are not otherwise covered by legislation of the parliament.
  • The Speaker of the Union may also request that the Delegate utilizes this power in order to remove a nation which seems to be a risk or has not been accepted by the region as a member state. The Delegate has full autonomy in accepting or rejecting this request.
  • All matters regarding nation removals must be then checked by Parliament to see if it was appropriate. If so, Parliament grants retroactive approval, and if not, Parliament has the right to invite the nation back and to bring charges against the Speaker of the Union and the Delegate per Article 6 of the Constitution.‡

Amendment 5: For power sharing

  • All decisions involving the affairs of cabinet ministries must be approved by both the minister and the Delegate.
  • All cabinet appointments must be approved by Parliament.
  • All struck through portions of the 3rd Amendment to the constitution are struck through because of the 8th Amendment.
  • † Outdated by the 8th Amendment
  • ‡ Outdated by the 10th Amendment

Amendment 6

For the prevention of negative consequences of Executive Scandals

  • Should the World Assembly Delegate of the Social Liberal Union be ejected from the World Assembly for rule violations, this shall be seen as an immediate resignation from the position of World Assembly Delegate in the Social Liberal Union.
  • If the owner of the ejected nation creates a new nation in order to bypass the ejection from the World Assembly, they cannot immediately resume their position as World Assembly Delegate of the Social Liberal Union.
  • The cabinet would serve in an executive capacity as per Article 3 of the Constitution.
  • The interim World Assembly Delegate of the Social Liberal Union will be the nation with the most endorsements at the time when NationStates updates as per the automated system set up by NationStates. However, they would simply act on the wishes of the Cabinet and not have actual authority
  • Immediately following the ejection of the World Assembly Delegate of the Social Liberal Union, there shall be an election for the position of World Assembly Delegate of the Social Liberal Union, as per Article 3 of the Constitution.
  • The newly created nation of the ejected nation may run in this election for World Assembly Delegate of the Social Liberal Union if they so choose to do so.
  • The winner of this election will serve a full, new term as World Assembly Delegate of the Social Liberal Union as described in Article 3 of the Constitution.
Written by Mare Nectaris

Amendment 7

Addition of consecutive term limits, in order to allow changes to the administration and allow breaks for the Delegate

  • To prevent any single nation from taking total control of the SLU and allowing a constant flow of fresh ideas by limiting the maximum number of consecutive terms a W.A. Delegate can be in office to three terms.
  • Takes affect starting with the term beginning August 12, 2011, so that counting for consecutive terms starts with that term.
  • If an interim period, as explained in Article 3, extends for over the length of a single term, that interim period counts towards the Delegate's number of consecutive terms if it would be their first or second term.
  • If it would be their third term or greater, it does not count towards the term limit.
Co-written by Gunir and Azerzia

Amendments 8 to 10

To re-evaluate the principle organs of the Social Liberal Union [SLU] for practicality and democratic principles

Amendment 8: To republicanize the institutions of the Social Liberal Union:

  • The position of Founder is removed of all Constitutional powers and limitations, but maintains the privileged of a non-voting seat in meetings of the administration.
  • This means that the Founder can serve as any other official in the administration and all powers originally given to the Founder are given to the now permanent position of Speaker of the Union.
  • In the event of a raid on the region where a foreign power takes control, the Parliament can hand, by a two-thirds majority vote, all power to the Founder to ban and eject possible threats for a period of up to one week.

Amendment 9: To reorganize the social expectations of the Social Liberal Union:

  • All law-abiding citizens of member states be given freedom of the press, freedom of speech, freedom of religion, and freedom of assembly.
  • They must be provided protection from harassment by forces of the law, allowed privacy, and must know all charges against them. Law breakers still must have protections from abuse and the purpose of the legal system is to rehabilitate not to punish.
  • All of the rights in the above clauses of this Amendment are provided to non-citizens residing within a country.
  • All member states are to provide universal suffrage to all adult citizens, with majority occurring between ages 16 to 18 as determined by national traditions.
  • Above this, all nations must have civil rights and political freedoms measured at average or higher by the World Assembly.
  • Labour of children below 12 is illegal. Labour of minors above that is to be restricted based on the traditions of member states. All persons must be provided the opportunity for an equal education to at least a secondary level.
  • Primary and secondary education is provided for with public funds. Any private primary or secondary schools must be held to the same standards as public schools.
  • Slavery and all other forms of unpaid forced labour are illegal and nations must actively oppose it.
  • Healthcare, the environment, social equality and public welfare must also be supported by public funds.
  • These above can either be directly observed by officials of the SLU or indirectly by the World Assembly.
  • This Amendment replaces Article 2.

Amendment 10: To change procedures for the removal of nations:

  • Approval of nations as member states in, and the defense of, the SLU are carried out by the administration.
  • A state not approved as a member state can be removed summarily on the orders of the Delegate along with the appropriate cabinet minister. Such a removal must be publicly reported so that all states may see it.
  • A state approved as a member state but deemed by the Founder as a security risk can be removed from the region so long as such an action is approved of by the Delegate and the appropriate cabinet minister.
  • Following a security ejection from the region of a member state, legal proceedings must then occur normally. If the state is found innocent and can be invited back.
  • If it is found that the administration abuses this power they can be brought up on charges, to be processed as laid out by the Articles of this Constitution.
Struck through portions outdated by Amendment 8. Now applies only to Speaker. 8-10 were passed at the same time, so this clause was outdated on time of passage.

Amendment 11

Modifies the investigation and prosecution procedures for member states without access to the Cabinet to the following:

  • Charges must be investigated by a committee appointed by the WA Delegate.
  • After a thorough investigation the committee presents its findings and advice to the WA Delegate on whether to have legal proceedings or not.
  • The Delegate must then act on the advice of the committee. If legal proceedings are called for, the charged state may then defend itself against charges and is allowed legal counsel by one (1) nation not involved in the investigative committee. The legal counsel is not allowed to vote on the charges in Parliament in order to minimize a potential conflict of interest.
  • At a vote of Parliament, lasting five (5) days. If a majority of those voting (i.e. not charging or charged) finds the charged state guilty, based on the advice of the committee and their judgment of the severity of the crime, chooses a punishment, unless the charged is the WA Delegate, in which case Parliament will decide on the punishment by a simple majority vote.
  • The verdict can be one or more of the following, depending the the severity of the charges:
  • Ban and ejection from the region
  • A temporary ban and ejection from the region, to last a maximum of three (3) months
  • Ejection from the region
  • A forum ban
  • A temporary forum ban
  • A temporary ban on voting in Parliament, lasting between seven (7) days and three (3) months
  • A ban on posting messages in certain sections of the forum, to be decided by the aforementioned. The Ministry of Domestic Affairs has the right to monitor the use of said sections during the ban and delete posts of offender posted during the ban, when applicable
  • A temporary ban on posting messages in certain sections of the forum, to be decided by the aforementioned. The Ministry of Domestic Affairs has the right to monitor the use of said sections during the ban and delete posts of offender posted during the ban, when applicable
  • A ban on using the Personal Message (PM) system of the forum
  • A temporary ban on using the PM system of the forum
  • A ban on writing messages on the the regional message board. The WA Delegate will delete the offender’s messages posted during the ban, when applicable
  • A temporary ban on writing messages on the regional message board. The WA Delegate will delete the offender’s messages posted during the ban, when applicable
  • A public announcement listing the offender, charges and verdict and a PM and/or telegram to the offender listing the same information
  • A PM and/or telegram to the offender listing the offender, charges and verdict
  • If offender has one or more official appointed positions in the region, such as but not limited to Committee and Agency positions, their status will be suspended pending an investigation and the following additional punishments will be available:
  • Immediate removal from all positions held and a ban on having any official position in the region for a minimum of one (1) week and a maximum of three (3) months
  • Immediate removal from all positions held
  • Immediate removal from all elected and/or elected-approved offices
  • Immediate removal from all Committee and Agency positions
  • Immediate removal from all positions related to the charges
  • This amendment replaces Article 5
Co-written by Azerzia, Grolsch, Avaerilon, and Millyland

Amendment 12

Modifies Article 1 on the possible impedance of the passage of laws to the following:

  • An act which has been passed by Parliament cannot be impeded in its progress to becoming part of the law unless:
  • The bill was passed with a majority of under 20%
  • In-addition to a 60-40 majority (or higher) of Cabinet Members deeming it to be a potential threat to the values and security of the Social Liberal Union
Co-authored by Avaerilon and Millyland

Amendment 13

Modifies Article 3 with changes to executive orders and ministerial succession to the following:

  • It is possible for the Cabinet to overturn any Executive Order, via a vote that will last for 3 days. A basic majority is required for the order to be rendered null and void.
  • The position of Deputy Minister is an official position underneath that of a Minister.
  • Deputy Ministers are a member of Cabinet, but do not have the right to vote.
  • Deputies exist under all Ministers.
  • A Deputy is appointed to the position following the results of the appropriate ministerial election.
  • In the case of two nations running in the election, the second-placed candidate becomes the Deputy Minister.
  • Where more than two candidates run, the second most preferred candidate becomes the Deputy Minister.
  • In the event that a Minister of a department resigns, has ceased to exist or is removed from office, they are replaced by their Deputy until such a time as a formal election is held.
  • In the event that a Deputy Minister of a department resigns, has ceased to exist or is removed from office, they can be replaced by anyone but the current Minister in the Ministry involved, pending an emergency vote by Cabinet.
  • In the event that both a Minister of a department and their Deputy resign or are removed from office, an emergency vote is held by the Cabinet to determine a temporary Minister (without a Deputy) until such a time as a formal election is held. An election much [must]† commence within one week of the appointment of the temporary Minister. A current Deputy Minister can become the temporary Minister, but they will have to vacate their status as the current Deputy of their department. With the approval of the Cabinet, they may return to their post if they are not ultimately elected as the Minister whose position they temporarily held.
  • This amendment replaces Article 3.
  • The word "much" within the 8th clause of Amendment 13 in the following excerpt, "An election much commence within..." is to be replaced by "must".
  • The final clause of Amendment 13 is to be rendered null and void and shall be stricken from the constitution.
  • Co-authored by Avaerilon, Millyland and Grolsch

Amendment 14

Modifies parts of Amendment 13 as follows:

  • The word "much" within the 8th clause of Amendment 13 in the following excerpt, "An election much commence within..." is to be replaced by "must".
  • The final clause of Amendment 13 is to be rendered null and void and shall be stricken from the constitution.