Amendment 2 to the Third Constitution

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Amendment 2 to the Third Constitution
Amendment 1 Amendment 3
CitationCa-2 to C-3
Enacted byOpen Parliament
Date enacted22 October 2017
Legislative history
Introduced on28 August 2017
Introduced byAnaaxes, Odd Republic
Voting began8 October 2017
Required majorityTwo-thirds
Vote results11 Yea, 1 Nay, 0 Abstain[1]
Status: Passed

This Amendment fixes some errors and clarifies the intent of and improves various parts of the Constitution.

Contents

Section 1. Changes Related to World Assembly Membership Waivers

Article 1, Section 4 shall be amended to read as follows:

A Resident State must be a member of the World Assembly to be become a Member State, or, be granted a waiver in the form of a Resolution of Parliament to that effect, with the concurrence of at least two-thirds of Member States voting.

Section 2. Correction of Typo in Freedoms and Rights Classification Requirement

Article 1, Section 3 shall be amended to read as follows:

In order to verify their compliance with Section 2 of this Article, Resident States must have Political Freedoms of “Average” or higher and Civil Rights of “Average” or higher, as measured by the World Census.

Section 3. Correction of Error in First Amendment

Article 1, Section 5 shall be amended to read as if the erroneously-made changes made to that Section pursuant to the First Amendment to this Constitution never occurred, then it shall be amended to read as follows:

A Resident State which complies with the requirements in Sections 2 to 4 of this Article, and, has been a Resident State for at least one week continuously, shall be considered a full Member State.

Section 4. Clarification of the Powers of the Open Parliament

Article 2, Section 1 shall be amended to read as follows:

The legislative power of the Social Liberal Union is vested exclusively in the Open Parliament as an institution, and shall consist of all eligible Member States.

Section 5. Clarification of Resolutions of Parliament Treaty Consent Procedure

Article 2, Section 6, Clause 3 shall be amended to read as follows:

Resolutions of Parliament may formally express an opinion of Parliament, consent to the ratification of treaties and other interregional agreements agreed to and signed by the Delegate or Minister of Foreign Affairs, open or close embassies, consent to invasion or defense operations if required by Article 10 of this Constitution, exercise specific non-lawmaking powers such as granting waivers to existing law and regulating the administrative or internal business of the Open Parliament, where provided for by law.

Section 6. Clarification of Government Officer Dismissal

Article 2, Section 10 shall be amended to read as follows:

Any elected or appointed government officer of any branch is subject to removal from office under Clauses 1 to 3.

Section 7. Clarification Regarding the Speaker's Term and Transition

Article 3, Section 2 shall be amended to read as follows:

The Speaker shall be elected by the Open Parliament every five months and shall hold office until a successor qualifies. No State may be elected to this office more than twice consecutively.

Section 8. Correction of Reference in Founder's Emergency Powers Section

Article 4, Section 6 shall be amended to read as follows:

If a state of emergency has been declared in accordance with Article 2, Section 9, the Founder may eject and indefinitely ban foreign invaders or sleeper agents.

Section 9. Clarification of Delegate's Duties

Article 5, Section 1 shall be amended to read as follows:

The World Assembly Delegate is the presiding officer of the Cabinet, the chief officer of the executive branch, and the official representative of the Social Liberal Union to the World Assembly, in both the General Assembly and the Security Council. The Delegate shall see that the Constitution and laws of the Social Liberal Union are faithfully executed.

Section 10. Clarification Regarding the Delegate's Term and Transition

Article 5, Section 2 shall be amended to read as follows:

The Delegate shall be elected by the Open Parliament every four months and shall hold office until a successor qualifies. No State may be elected to this office more than twice consecutively.

Section 11. Changes to Delegate Resignation Upon World Assembly Ejection Phrasing

Article 5, Section 4 shall be amended to read as follows:

Ejection of the Delegate from the World Assembly for rule violations shall be considered an immediate resignation from office. Furthermore, in such an event, the Founder shall have automatic authority to revoke the executive authority of the delegacy until otherwise instructed by the lawfully-elected successor to that office.

Section 12. Clarification of Treaty Ratification Process

Article 5, Section 11 shall be amended to read as follows:

The Delegate, or the Minister of Foreign Affairs when so authorized, may negotiate and sign such treaties or other interregional agreements as they deem acceptable, and, may transmit the appropriate instrument of ratification to the proper depositary, subject to the passage of a consenting Resolution of Parliament.

Section 13. Clarification of the Powers of the Cabinet

Article 7, Section 1 shall be amended to read as follows, and the Section shall be retitled as "Cabinet Composition and Power":

The Cabinet shall consist of the World Assembly Delegate and the Ministers. Each has an equal vote in all Cabinet decisions. The executive power of the Social Liberal Union is vested in the Delegate and the Ministers in Cabinet assembled, and then secondarily in the Deputy Ministers and other executive officers and bodies as may be constituted by or pursuant to law.

Section 14. Changes Related to Early Elections for Ministerial Offices

Article 8, Section 9 shall be amended to read as follows:

If vacancies occur in the offices of World Assembly Delegate, Speaker of the Union, or Chancellor, elections for an entirely new term shall be held earlier than scheduled, as soon as possible. If vacancies occur in both the offices of Minister and Deputy Minister within the same ministry, or, both offices are occupied by States not elected thereto, and there is more than one month until the beginning of the next regularly-scheduled ministerial election, then the Delegate may issue writs of election to fill those vacancies, and, may appoint interim officers to these offices if there is less than one month until the next regularly-scheduled ministerial election.

Section 15. Clarification of the Powers of the Court of Justice

Article 9, Section 1 shall be amended to read as follows:

The Chancellor is the presiding officer of the Court of Justice and the chief officer of the judicial branch. The Court of Justice shall be both the trial and final appellate court of the region. The judicial power of the Social Liberal Union is vested in the Court of Justice as an institution.

Section 16. Clarification Regarding the Chancellor's Term and Transition

Article 9, Section 2 shall be amended to read as follows:

The Chancellor shall be elected by the Open Parliament every five months and shall hold office until a successor qualifies. No State may be elected to this office more than twice consecutively.

Section 17. Clarification of the Jurisdiction of the Court of Justice

Article 9, Section 3 shall be retitled "Jurisdiction and General Powers," and amended to read as follows:

The Court of Justice shall have jurisdiction over any State or entity that is or was present in the Social Liberal Union, and, over any State or entity in the world under certain conditions as may be provided for by law. The Court shall have the power to adjudicate all cases or controversies, in law and equity, arising from this Constitution, Acts of Parliament, Resolutions of Parliament, executive orders, policies, acts or omissions of the Social Liberal Union government or any officer thereof, and treaties and other agreements signed by the Delegate or Minister of Foreign Affairs. The Court shall be responsible for conducting criminal trials, for settling disputes between individual Member States, and for conducting other legal proceedings as may be provided for by law.

Section 18. Clarification of Judicial Review of Government Actions, Policies, and Treaties

Article 9, Section 5 shall be retitled as "Judicial Review of Government Activities," and amended to read as follows:

The Court may rule on the constitutionality and legality of executive orders, actions, omissions, and policies of the Social Liberal Union government, or any officer thereof, and, on any treaties or agreements signed by the Delegate or Minister of Foreign Affairs, regardless of whether or not they have been ratified by the Open Parliament, to ensure the supremacy of the Constitution or Acts of Parliament, as applicable.

Section 19. Clarification of Judicial Review of Acts and Resolutions of Parliament

Article 9, Section 6 shall be retitled as "Judicial Review of Acts and Resolutions of Parliament," and amended to read as follows:

The Court may rule on the constitutionality of Acts and Resolutions of Parliament to ensure the supremacy of the Constitution.

Section 20. Changes to the Procedure of Overturning Rulings of the Court of Justice

Article 9, Section 11 shall be amended to read as follows:

The Open Parliament may, upon the submission of a Resolution of Parliament by any Member State to that effect, sponsored by one other Member State, and, with the concurrence of at least a two-thirds majority of all Member States voting, vacate or temporarily suspend rulings, decisions, sentences, convictions, or orders of the Court, in whole or in part.

Section 21. Changes Related to Judicial Conflicts of Interest

Article 9, Section 14 shall be amended to read as follows:

Should the Chancellor have a conflict of interest in a case, the Founder may preside over the case. In the event that both the Chancellor and the Founder have a conflict of interest in a case or decline to preside, a special judge with no conflicts of interest appointed by the Speaker pro tempore and approved by the Open Parliament in a 2 to 3 day vote shall preside.
Clause 1. In the event of disagreement on the question of whether a conflict of interest exists, the Open Parliament shall settle the question with a 2 to 3 day vote.
Clause 2. Parties to the cases and the judicial officer(s) in question may not vote in any poll authorized by this Section.

Section 22. Changes Related to Invading and Defending

Article 10, Section 1, Clause 1 shall be amended to read as follows:

The government of the Social Liberal Union shall not, without the consent of the Open Parliament, conduct invasions upon other regions that have not invaded the Social Liberal Union, and may not defend regions which the Social Liberal Union does not have a lawful embassy or a ratified treaty regarding mutual defense with.

Section 23. Renumbering Authority

Appropriate sections and clauses shall be renumbered for continuity.