Amendment 4 to the Third Constitution

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Amendment 4 to the Third Constitution
Citation Ca-4
Enacted by Open Parliament
Date enacted 26 April 2018
Legislative history
Introduced on 13 February 2018
Introduced by Anaaxes, New Lettia, Ramelia
Voting began 12 April 2018
Required majority Two-thirds
Vote results 8 Yea, 3 Nay, 0 Abstain
Status: Passed

This Amendment enhances the right the vote, clarifies voting options for legislative polls, allows revocation of World Assembly membership requirement waivers under limited circumstances and with proper protections, clarifies the legal status of diplomats and puppets, prohibits multi-office candidacies in ministerial elections, clarifies the status interregional activities with embassy regions, prevents the Chancellor from holding other positions in the Administration effective at the next election, limits the scope of advisory opinions to official government business, expands and regulates external submissions to the Court of Justice, limits the effects of states of emergency on judicial matters and independence, and corrects several typographical errors.

Section 1. Clarification and Protections on the Right to Vote

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

Each eligible Member State shall be entitled to cast a vote, which shall have equal weight among others, in elections and on matters before the Open Parliament. A valid vote cast by a duly-qualified Member State must be accepted and counted. Member States may vote on legislation in the affirmative, in the negative, or may abstain. In all votes and elections, abstentions shall be noted but not affect the outcome.

Section 2. World Assembly Requirement Waiver Revocation

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

A waiver granted under this Section may be revoked in effect by the Speaker of the Union for fraud, deception, or error, with judicial approval and as may be regulated by law, or, automatically upon conviction for treason, invasion, or rebellion. Provided, the Open Parliament reserves the right to revoke any waiver with a Resolution to that effect, sponsored by two Member States, passed with the concurrence of at least two-thirds of Member States voting, and with 7 days of voting.

Section 3. Adjustments to Diplomatic Status

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

A diplomatic officer of another region or organization assigned to the Social Liberal Union shall not be considered a Member State during their continuance in office, but shall be granted all the rights and privileges of a Member State, except the right to access and vote in the Open Parliament, and the provisions of Clauses 3 to 4 of this Section.

Section 4. Puppet State Phrasing Change

Article 1, Section 5, Clause 2 shall be amended to read as follows:

A puppet or vassal Resident State of a Member State shall not be considered a Member State.

Section 5. Ministerial Election Candidacy Limit

The following clause shall be appended to Article 6, Section 1, to read as follows:

Clause 3. In ministerial elections, no State may run for more than one position simultaneously.

Section 6. Activities with Foreign Regions

Article 6, Section 10 shall be amended to read as follows:

The Minister of Domestic Affairs shall be responsible for conducting regional recreational activities, stimulating general regional activity and Member State involvement, and boosting regional morale. Provided, they may coordinate and conduct interregional activities with foreign embassy regions in consultation with the Minister of Foreign Affairs, or with any other foreign region with their authorization.

Section 7. Simultaneous Officeholder Modification

The following clause shall be appended to Article 7, Section 4, which shall become effective after the next ministerial election, to read as follows:

Clause 2. For the purposes of this Section only, the office of Chancellor counts towards having a position in the Administration.

Section 8. Scope of Advisory Opinions Limited to Official Matters

Article 9, Section 4 shall be amended to read as follows:

The Court may issue non-binding advisory opinions to government officers related their official duties or powers, or, to any Member State regarding a draft bill which they are the author or a sponsor of.

Section 9. Prevention of Abuse of the Legal System

The following clause shall be appended to Article 9, Section 11, to read as follows:

Clause 2. Any bill which directly amends Article 9, which vacates or suspends any judicial ruling for longer than 10 days, which creates or abolishes a criminal offence, which creates or abolishes an inferior tribunal, which alters the definition or requirements for Member State status or membership in the Open Parliament, which alters the qualifications or term length of a constitutional office, which alters voting periods or other parliamentary procedure, which abolishes or limits a right listed in Article 1, Section 7, or which provides for the dismissal of a government officer under Article 2, Section 10 shall not be subject to shortened voting periods under Article 2, Section 9, Clause 3.

Section 10. Submissions by the Public and Foreign Courts

Article 9, Section 17 shall be re-titled "External Submissions" and be amended to read as follows:

In all public matters before the Court, any Resident State may submit briefs, evidence, or other relevant material for the Court's consideration, subject to a determination of admissibility by the Court to prevent illegally-obtained or otherwise prejudicial or fraudulent material from affecting judicial proceedings. Whenever the Court finds it necessary to interpret or apply the foreign law of an embassy region as part of a case, it may transmit a certified question of law to the appropriate foreign court via the Minister of Foreign Affairs or the Social Liberal Union Ambassador assigned to that region, to be used as persuasive but not necessarily binding evidence.

Section 11. Correction of Typographical Errors

Clause 1. Article 1, Section 4 shall be amended to read as follows:
A Resident State must be a member of the World Assembly to 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.
Clause 2. Article 2, Section 7, Clause 3 shall be amended to read as follows:
Constitutional Amendments alter the Constitution’s text, by adding to, striking, or modifying the original clauses, sections, or articles, according to the Amendment, as passed.
Clause 3. Article 2, Section 9, Clause 1 shall be amended to read as follows:
During the duration of such a declaration, minimum debate periods for bills mandated by this Article are suspended, and voting periods may be reduced according to Clause 3.
Clause 4. Article 2, Section 9, Clause 4 shall be amended to read as follows:
No officer named in Clause 2 may declare a state of emergency under Clause 3 more than once every 3 months unless it is made with the unanimous consent of all the aforementioned officers.
Clause 5. Article 5, Section 3, Clause 1 shall be amended to read as follows:
The Founder may, when requested by the Delegate-elect, temporarily revoke the executive authority of the delegacy until they are able to gain enough endorsements to take office.
Clause 6. Article 5, Section 12 shall be amended to read as follows:
The Delegate may set general, and, from time to time, specific policy objectives for the Ministers, but shall generally give the Ministers reasonable leeway for actions taken or policies adopted in the course of their regular lawful duties. The Delegate may veto a ministerial action or policy, subject to an override by a majority of the Cabinet via secret ballot.
Clause 7. Article 6, Section 13 shall be amended to read as follows:
The Minister of Domestic Affairs shall be responsible for maintaining the regional world factbook entry, maintaining the regional forum or website (except portions thereof under the control of the Speaker of the Union or the Chancellor), managing polls, and creating a welcome telegram, in consultation with the Delegate.
Clause 8. Article 7, Section 6 shall be amended to read as follows:
The members of the Cabinet and Administration may discuss together privately, and records of their proceedings shall remain secret for such an amount of time as may be prescribed by law, and except as under certain conditions provided for by law.

Section 12. Continuity and Validity of the Third Amendment

Appropriate sections and clauses shall be renumbered for continuity. Any adverse judicial rulings regarding the validity of the passage of the Third Amendment to the Constitution shall be deemed void.