Third Constitution of the Social Liberal Union
|Third Constitution of the|
Social Liberal Union
|Enacted by||Open Parliament|
|Date enacted||20 May 2017|
|Introduced on||8 April 2017|
|Voting began||29 April 2017|
|Vote results||19 Yea, 1 Nay, 1 Abstain|
|Ca-1, Ca-2, Ca-3, Ca-4, Ca-5, Ca-6|
|Text as originally enacted|
|Status: In force|
The nations of the Social Liberal Union, in creating an ever closer union among them, are resolved to share a peaceful future based on the common values of socialism and social liberalism. This Union is founded on the inviolable, universal values of human dignity, freedom, equality, and solidarity; it is based on the principles of democracy and the rule of law; and it places its Member States at the heart of its activities. This Union contributes to the preservation and development of these common values, while respecting the diversity of the cultures and traditions of the peoples of this Union, as well as the national identities of the Member States.
To that end, the Open Parliament hereby ordains and establishes this Constitution for the Social Liberal Union.
Article 1. Residency, Membership, and Rights
Section 1. Resident States
Any State which resides in the Social Liberal Union is considered a Resident State.
Section 2. Human Rights and Freedoms Requirement
Resident States must guarantee the following freedoms and rights to all persons under their jurisdiction, as measured by the World Census, or as otherwise prescribed by law:
- Clause 1. Right to the physical and mental integrity of their person
- Clause 2. Freedom from torture and all other forms of cruel and unusual punishment and treatment
- Clause 3. Freedom from slavery, servitude, and forced labor
- Clause 4. Right to the liberty and security of their person
- Clause 5. Right to the respect of their personal and family life, home, and communications
- Clause 6. Right to marry and to found a family in accordance with national law
- Clause 7. Freedom of thought, conscience, and religion
- Clause 8. Freedom of the media and expression
- Clause 9. Freedom of peaceful assembly and association
- Clause 10. Right to collective bargaining and action, and to safe and healthy working conditions
- Clause 11. Right to limitation of maximum working hours and to daily and weekly rest periods
- Clause 12. Right to an annual period of paid leave, and to paid maternity and paternity leave
- Clause 13. Right to universal suffrage for citizens beginning no later than age eighteen
- Clause 14. Right to primary and secondary education at public expense, and to further education
- Clause 15. Freedom to seek employment, to work, and to conduct a business in accordance with national law
- Clause 16. Right to own, use, dispose of, and bequeath their lawfully acquired possessions, as regulated by national law when necessary for the public interest
- Clause 17. Freedom from being deprived of their possessions, except in the public interest and in the cases and under the conditions provided for by national law, subject to fair compensation being paid
- Clause 18. Freedom from collective expulsions, and removals, expulsions, or extraditions to a State where there is a serious risk that they would be subjected to torture or other inhumane or degrading treatment or punishment
- Clause 19. Right to the equal and due process of the law
- Clause 20. Freedom from ex post facto and corruption of blood or estate laws
- Clause 21. Right to the presumption of innocence and the assistance of competent defense counsel
- Clause 22. Right to fair, impartial, timely, and public hearings and judgement in all legal proceedings
- Clause 23. Freedom from self-incrimination, and from being charged or tried for the same crime more than once after having been previously acquitted or convicted
- Clause 24. Right to be informed of the charges against them and the reason for their arrest or detention
- Clause 25. Freedom from discrimination based on the grounds of sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age, or sexual orientation
- Clause 26. Freedom from child labor, and from economic exploitation or abuse
- Clause 27. Freedom from military conscription
- Clause 28. Right to the protection and care of children as is necessary for their well-being, and for their views to be taken into consideration on matters which concern them in accordance with their age and maturity
- Clause 29. Right to social security benefits and social services providing protection in cases such as maternity, illness, industrial accidents, inability to obtain or loss of housing, malnutrition, dependency, or old age, and in the case of loss of employment, in accordance with national law
- Clause 30. Right of access to preventive health care, and to benefit from medical treatment under emergency conditions and as established by national law
- Clause 31. Right to a high level of environmental and consumer protection, in accordance with national law
Section 3. Political Freedoms and Civil Rights Classification Requirement
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 4. World Assembly Membership or Waiver Requirement
A Resident State must be a member of the World Assembly to become a Member State. Provided, they may otherwise (a) 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, or (b) by having the World Assembly Delegate (or an officer designated by them) certify to the Minister of Immigration that they are in active service of such a military organization as is described in Article 10, Section 1, Clause 4, or are a participant in a military operation of the Social Liberal Union otherwise described in Article 10, Section 1.
- Clause 1. A waiver granted under this Section may be suspended in effect by the Speaker of the Union for fraud, deception, or error, with judicial approval and automatically upon conviction for treason, invasion, or rebellion, and as may otherwise may be regulated by law. The Open Parliament also 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.
- Clause 2. The Minister of Immigration shall ensure the Speaker of the Union is provided a list of all World Assembly membership requirement waivers authorized for military involvement. Such States must notify the Minister of Immigration and World Assembly Delegate when their involvement ceases, or, the Delegate may revoke the waiver with notice to the pertinent State and Minister of Immigration.
Section 5. Legal Resident States
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.
- Clause 1. 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.
- Clause 2. A puppet or vassal Resident State of a Member State shall not be considered a Member State.
- Clause 3. Member State status, once attained, shall last perpetually until cessation of existence, lack of residency, cessation of World Assembly membership without a valid waiver, or upon failure to satisfy the requirements of Section 3 of this Article for more than two weeks.
- Clause 4. A Member State unlawfully ejected from the region shall not lose Member State status for lack of residency for at least one month, and, may petition the Court of Justice for the purpose of reinstating their residency.
- Clause 5. After Member State status has been attained once, it may be reattained immediately after lack of residency for any reason except conviction of a crime if a State rejoins the Social Liberal Union and otherwise complies with the requirements in Sections 2 to 4 of this Article.
- Clause 6. A Member State may transfer their status as such to a puppet or vassal Resident State upon notification to the Minister of Immigration. Provided, the puppet or vassal must thereafter independently meet qualifications for Member State status, excepting residency transferred from the then-Member State, and the Member State transferring status shall be considered a puppet or vassal after transferring their status. Member State status may not be transferred while a State holds elective office in the Social Liberal Union.
Section 6. Illegal Resident States, Ejections, and Bans
Non-member States which do not meet the requirements of Sections 2 to 4 of this Article may be ejected, should they not comply within two weeks, or, immediately if either their Civil Rights or Political Freedoms are measured by the World Census as “Few” or lower.
- Clause 1. States may reenter the region at such a time as they meet the requirements, and may be banned from the region if they re-enter without necessary changes. Upon request, they shall be unbanned once meeting the requirements.
Section 7. Rights of Member States
Member States shall be entitled to the following rights and freedoms:
- Clause 1. Freedom of speech, expression, and opinion, except as otherwise provided for in this Article
- Clause 2. Freedom of peaceful assembly and association
- Clause 3. Freedom from ex post facto laws and bills of attainder
- Clause 4. Right to the equal and due process of the law
- Clause 5. Right to be informed of charges against them
- Clause 6. Freedom from self-incrimination, and from being charged or tried for the same crime more than once after having been previously acquitted or convicted
- Clause 7. Right to the presumption of innocence and the assistance of competent defense counsel
- Clause 8. Right to fair, impartial, timely, and public hearing and judgement in all legal proceedings
- Clause 9. Freedom of emigration
- Clause 10. Freedom from being held criminally liable for bona fide legislative statements in relation to a matter actually under consideration by the Open Parliament
- Clause 11. Right to view the full text of all bills and proposals at vote before the Open Parliament
Section 8. Other Human and Member State Rights
Other rights and freedoms may exist beyond the confines of this Constitution or any written law.
Section 9. Prohibition of Hateful Expression
Any State that makes statements in support of the denial of human rights on the basis of sex, gender, gender identity, sexual orientation, race, ethnicity, religion, age, or ability, makes statements in support of any ideology that advocates for denial of such human rights, or makes statements in support of ecological destruction or the acceptability thereof, may be subject to prosecution for a criminal offense, penalties and further provisions for which may be provided for by law.
Article 2. The Open Parliament
Section 1. Establishment and Composition
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 2. Votes and Abstentions
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 3. Parliamentary Supremacy
The Open Parliament, as an institution, is the supreme and ultimate source of legal authority in the region.
Section 4. Limitations on the Open Parliament's Legislative Powers
The Open Parliament may not legislate the internal laws of the sovereign Resident States, without the permission of the government each respective State, unless the State is repugnant to the Constitution. The Open Parliament is only limited by the Constitution itself, and then by the laws it may enact, but none of which may be immune to repeal.
- Clause 1. No law shall be passed which provides any existing law or any part thereof be made part of the new law, excepting via explicitly inserting the text of the previous law.
- Clause 2. No law may have exactly the same title as any other existing law in effect.
- Clause 3. No law may contain alternative or cumulative provisions wherein one or more of those provisions would become law depending upon the casting of a specified percentage of votes for or against it.
- Clause 4. No law may be amended by mere reference, but the law amended or the amended portions thereof shall be set forth at full length.
- Clause 5. No law shall be passed that names any State to hold any office established by this Constitution, except Ainland as Founder.
- Clause 6. No law shall be passed that delegates any substantive legislative power of the Open Parliament to any other State, officer, or body.
- Clause 7. No law which requires, under penalty of prosecution, Member States to endorse the elected World Assembly Delegate may be passed, except with the concurrence of at least two-thirds of the Member States voting.
Section 5. Acts of Parliament
The Open Parliament may, upon the submission of a bill by any Member State, and, with the concurrence of at least a majority of all Member States voting, pass a new Act of Parliament, repeal an existing Act, or amend an existing Act.
- Clause 1. There must be a public debate period of at least 2 days before such a bill can be voted on.
- Clause 2. Voting shall last for 7 to 10 days, and no Act shall be considered passed if less than four valid votes were cast.
- Clause 3. Acts of Parliament may be public or private laws and are primary legislation.
Section 6. Resolutions of Parliament
The Open Parliament may, upon the submission of a bill by any Member State, and, with the concurrence of at least a majority of all Member States voting, pass a new Resolution of Parliament, repeal an existing Resolution, or amend an existing Resolution.
- Clause 1. There must be a public debate period of at least 1 day before such a bill can be voted on.
- Clause 2. Voting shall last for 5 to 7 days, and no Resolution shall be considered passed if less than three valid votes were cast.
- Clause 3. 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, or 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. Concurrence of two-thirds of Member States voting and additional requirements for number of sponsors may be required by primary legislation for the passage of Resolutions exercising particular non-lawmaking powers.
Section 7. Constitutional Amendments
The Open Parliament may, upon the submission of a bill by any Member State, and, with the concurrence of at least two-thirds of all Member States voting, amend this Constitution.
- Clause 1. There must be a public debate period of at least 3 days before such a bill can be voted on.
- Clause 2. Voting shall last for 14 to 21 days, and no Constitutional Amendment shall be considered passed if less than six valid votes were cast.
- Clause 3. 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.
Section 8. Introduction and Voting on Bills
The Member State which introduced a bill, or one of its co-authors, determine when the bill goes to a vote, subject to mandatory debate periods, if applicable.
Section 9. States of Emergency
In an emergency situation, such as an invasion, which threatens the sovereignty or continued existence of the Social Liberal Union or the Open Parliament, or, which otherwise prevents or hinders the due execution of the laws or Constitution of the Social Liberal Union, a state of emergency may be declared in accordance with the provisions of this section.
- Clause 1. 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 2. The Founder, the Speaker of the Union, the World Assembly Delegate, and the Chancellor are the only officers that can jointly declare a state of emergency.
- Clause 3. If at least two of the officers named in Clause 2 jointly declare a state of emergency, which shall last for no longer than 10 days, voting on Acts of Parliament and Act Amendments shall last between 3 to 10 days, voting on Resolutions of Parliament and Resolution Amendments shall last between 1 to 7 days, and voting on Constitutional Amendments shall last between 5 to 21 days.
- Clause 4. 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. A declaration of a state of emergency may be made by the Open Parliament itself by a Resolution of Parliament to that effect, which shall last for no longer than 14 days before needing to be renewed by a new Resolution of Parliament.
- Clause 6. A declaration of a state of emergency made under Clause 3 of this section may be rescinded at any time jointly by any two of the officers named in that clause, and a declaration of a state of emergency made either under Clause 3 or 5 may be rescinded at any time by a Resolution of Parliament to that effect.
- Clause 7. Any bills which are at vote when a state of emergency is rescinded shall have their voting period extended to non-emergency lengths, or, the Speaker or the author(s) of such a bill may withdraw the bill from consideration.
Section 10. Dismissal of Government Officers
Any elected or appointed government officer of any branch is subject to removal from office under Clauses 1 to 3.
- Clause 1. Any Member State may submit a Resolution, sponsored by at least two other Member States or the number of Member States equal to at least 12 percent of the number of votes cast in the previous election for that office (whichever is higher), and, if said Resolution is passed by at least a two-thirds of the Open Parliament, the State in question serving in the government shall immediately be removed from office.
- Clause 2. Following the conviction of a State for an offence against the Social Liberal Union, and, if said State was directly elected by the Open Parliament to serve in the government, the Court of Justice may order a recall election as a sentence, to last between 3 to 7 days. If at least a majority of the Open Parliament votes in favor of dismissal, the State in question shall immediately be removed from office. The Court may suspend said officer from exercising all or certain powers of their office, pending the results of a recall election.
- Clause 3. Following the conviction of a State for an offence against the Social Liberal Union, and, if said State was appointed or otherwise not directly elected by the Open Parliament to serve in the government, the Court of Justice may remove them from said office as a sentence.
Article 3. The Speaker of the Union
Section 1. Establishment and Duties
The Speaker of the Union is the presiding officer of the Open Parliament and the chief officer of the legislative branch. The Speaker shall impartially administer parliamentary procedure as provided by and pursuant to this Constitution and other laws, and shall defend the rights and privileges of the Members of the Open Parliament.
Section 2. Election, Tenure, and Qualifications
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.
- Clause 1. No State shall hold this office unless they are a Member State, and have been a Member State for at least two months in total.
Section 3. The Speaker pro Tempore
Before the Speaker may exercise the powers of their office, they shall designate a Speaker pro tempore, and publicly notify the Open Parliament of such designation.
- Clause 1. The Speaker pro tempore shall temporarily exercise the powers and assume the duties and privileges of the office of the Speaker in the event of the actual Speaker's temporary inactivity, resignation, or incapacitation, as may be provided for by law. Provided, as acting Speaker, the Speaker pro tempore shall not be a member of the Administration in such capacity, and, in such case as the Speaker and Speaker pro tempore may have separate and similar powers or ex officio positions, the Speaker pro tempore shall not exercise the powers of the Speaker.
- Clause 2. The Speaker pro tempore designee must meet the qualifications for the office of Speaker.
- Clause 3. The Speaker pro tempore designation may be superseded, with proper notice, at any time by the Speaker.
- Clause 4. The Speaker pro tempore designee may not be the Delegate, the Chancellor, or a Minister.
- Clause 5. The Speaker pro tempore designation shall expire upon the election of a new Speaker.
- Clause 6. In the event of the Speaker's temporary inactivity, resignation, or incapacitation, which may be defined by law, and, if no qualified Speaker pro tempore designation exists or is reasonably active, the Chancellor shall appoint the Speaker pro tempore in consultation with the Delegate, or, in consultation with the remainder of the Cabinet and the Founder, in the event of incapacity or vacancy of the office of Delegate.
Section 4. Delay of Acts of Parliament
The Speaker may delay an Act of Parliament from going into effect within 3 days after its passage for up to 14 days, but only so that a bill which would repeal or amend it may come to a vote, or so a necessary complementary bill may pass.
- Clause 1. Any Member State may petition the Court of Justice to override the Speaker's delay of a bill, on a case by case basis, if such a delay threatens the sovereignty or continued existence of the Open Parliament or the Constitution, or, if such a delay would otherwise cause significant and irreparable harm.
Section 5. Determination of End of Voting on Bills
The Speaker may determine the end of voting on bills, in accordance with minimum and maximum voting timeframes.
Section 6. Classification of Legislation
The Speaker shall ensure that the following classification system is used in the Open Parliament:
- Clause 1. Constitutions of the Social Liberal Union, Acts of Parliament, Resolutions of Parliament, Executive Orders, and treaties and interregional agreements shall be archived in citation by sequential order of passage or ratification following a designated prefix.
- Clause 2. All forms of Amendments shall be archived in citation by sequential order of passage with regard to the legislation amended following a designated prefix, followed by citation of the legislation amended.
- Clause 3. Legislation may be archived as spent without having to be repealed itself, once it becomes completely exhausted in operation by the accomplishment of the purpose(s) for which it was enacted, such as legislation that exclusively repeals another or that is otherwise self-executing.
- Clause 4. Constitutions of the Social Liberal Union shall be archived by sequential order of passage, and citations thereof shall be prefixed "C." Amendments to Constitutions shall be archived by sequential order of passage, and citations thereof shall be prefixed "Ca."
- Clause 5. Acts of Parliament shall, to the fullest extent possible, be archived by their full names, and citations thereof shall be prefixed "A." Amendments to Acts of Parliament shall be archived by sequential order of passage, and citations thereof shall be prefixed "Aa."
- Clause 6. Resolutions of Parliament shall, to the fullest extent possible, be archived by their full names, and citations thereof shall be prefixed "R." Amendments to Resolutions of Parliament shall be archived by sequential order of passage, and citations thereof shall be prefixed "Ra."
- Clause 7. Treaties and interregional agreements ratified by the Social Liberal Union shall, to the fullest extent possible, be archived by their full names, and citations thereof shall be prefixed "T."
- Clause 8. Executive Orders shall be archived by date of passage, and citations thereof shall be prefixed "EO."
Section 7. Recordkeeping
The Speaker shall ensure an original and unmodified copy of the current and past Constitutions, and each Act of Parliament, Resolution of Parliament, Treaty or interregional agreement, Constitutional Amendment, and Executive Order is maintained in addition to a current copy, except legislation that was passed and amended before this Constitution was adopted and for which no original copy can be located.
Section 8. Archival and Preservation Responsibilities
The Speaker shall be the custodian of all records of the Open Parliament, and, is responsible for updating them when necessary and for archiving and preserving past records.
Section 9. Cabinet Privileges
The Speaker shall be privy to Cabinet discussions, and allowed a tie-breaking vote in Cabinet decisions, but is not a member of the Cabinet.
Section 10. Constitutional Advisory Powers
Any author of a bill for a Constitutional Amendment shall furnish a full and finalized draft of their bill to the Speaker of the Union and the World Assembly Delegate in order to formally initiate the public scrutiny period required by Article 2, Section 7, Clause 1. It shall be the duty of the Speaker thereafter, within five days, to ensure an impartial and accurate summary as to the effect of such bill upon other provisions of the Constitution be provided to the Members of the Open Parliament. The Speaker may require the opinion of the Attorney General or request a timely advisory opinion from the Court of Justice on any constitutional questions of law necessary to furnish a summary required by this Section.
Section 11. Regional Forum
The Speaker shall ensure that a regional forum is kept for, at a minimum, the purposes of legislative and regional discussion. The Speaker shall ensure that all Member States are able to access the forum; other States may also be permitted to access the forum.
- Clause 1. The Speaker shall generally be the trustee of the forum administrator account (hereafter in this Clause referred to as "the Account"). Provided, another Member State should alternatively be the trustee of the Account, as supervised by the Speaker, if that State owns the website with which the forum is hosted. If such a State is the trustee of the Account, they shall be obligated to execute legitimate administrative action as directed by the Speaker. Notwithstanding its trusteeship, the account should only be used when administrative action is necessary, and its trustee is to maintain regular forum relations with a separate account. The Chancellor may temporarily act as the trustee of the Account during the prolonged absence of its trustee. The Account shall have the display name "Administrator" for purposes of identification.
- Clause 2. The Speaker, notwithstanding whether they are the trustee of the forum administrator account, shall ensure that the regional forum is backed up to the fullest extent possible at least every three months.
- Clause 3. The Speaker, notwithstanding whether they are the trustee of the forum administrator account, shall have access to an administrative account and forum administrative logs to the fullest extent possible.
- Clause 3. The Speaker shall ensure that any known previous regional forums of the Social Liberal Union remain accessible to the fullest extent possible.
- Clause 4. General management of the regional forum, activities conducted thereon, and the full or partial classification of records thereon may be further provided by law.
Article 4. The Founder
Section 1. Essential Duties
The Founder of the Social Liberal Union, Ainland, shall be the ultimate guarantor of the Constitution and the sovereignty of the Open Parliament.
Section 2. Limitations on Power
The Founder may not remove the executive status of a lawfully-elected World Assembly Delegate unless authorized by law.
Section 3. Involvement in Government
The Founder may be elected or appointed to and hold regional offices in their own right, but shall be ineligible to the hold the office of World Assembly Delegate.
Section 4. Exercise of In-game Executive Powers
The Founder may exercise the executive in-game powers of the Delegate, the Ministers, and other such regional officers which may be provided for by law, at the request of the respective officer, or when specifically authorized by law.
Section 5. Appointment of In-game Regional Officers
The Founder shall appoint in-game regional officers, as may be provided for by law, unless they are inactive or incapacitated, in which case the Delegate shall.
Section 6. Emergency Powers
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.
- Clause 1. Bans and ejections made under this Section may be subject to judicial review, or, reversal or modification by the Delegate or the Ministers of Foreign Affairs or Immigration, as permitted by law.
Section 7. Cabinet Privileges
The Founder shall be privy to Cabinet discussions, but is not a member of the Cabinet.
Article 5. The World Assembly Delegate
Section 1. Establishment and Duties
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 2. Election, Tenure, and Qualifications
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.
- Clause 1. No State shall hold this office unless they are a Member State, and have been a Member State for at least three months in total.
Section 3. Delegatory Transition
Following the election of a new Delegate, the outgoing Delegate or the State with most endorsements shall not exercise the powers of the office of the Delegate, except as directed by the Delegate-elect, the Cabinet, or when authorized by law.
- Clause 1. 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.
Section 4. Resignation Upon World Assembly Ejection
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 5. Vacancy or Incapacitation
Should a vacancy occur in the office of the World Assembly Delegate, or, the Delegate be incapacitated, as defined by law, the State with most endorsements shall act on the direction of the remaining members of the Cabinet, in addition to the Chancellor and the Speaker of the Union, which shall act as a temporary caretaker executive committee, and may execute the powers of the office of the World Assembly Delegate, with at least a majority vote of the committee, until a new Delegate is elected or the Delegate is no longer incapacitated.
Section 6. Cabinet Doctrine and Delegatory Oversight of Cabinet
The Delegate shall propose a Cabinet Doctrine, outlining goals and general executive or legislative policy objectives for the current term, to be discussed before the full Cabinet once ministerial elections have concluded. The Delegate may coordinate the activities and efforts of the Cabinet, and monitor the Cabinet for efficiency and effectiveness.
Section 7. Vacancies in Cabinet Positions
The Delegate shall have the authority to execute the duties of all vacant Cabinet positions, or, to delegate such duties to other member(s) of the Administration, when no Deputy is available.
Section 8. Approval of World Assembly Proposals
The Delegate may, in their sole discretion, approve any proposed World Assembly resolution available to the World Assembly Delegates for scrutiny and approval, and, upon the request of any Member State, provide a reason for such approval.
Section 9. Voting on World Assembly Resolutions at Vote
The Delegate shall endeavor to vote on World Assembly resolutions at vote before the full General Assembly or Security Council based on the consensus of the region, however, the Delegate may, with good cause, dissent from the consensus of the region from time to time, but shall publish their reasoning for doing so.
Section 10. Regional Updates and Cabinet Advice
The Delegate shall, from time to time, notify the region of new developments and proposed resolutions in the World Assembly, as well as the state of the work of the Cabinet and the regional government in general, and, may recommend such policies or bills the Delegate and Cabinet deem as necessary and expedient. The Delegate may require the opinion, in writing, of any of the Ministers, upon any subject relating to the duties of their respective office.
Section 11. Treaties and Interregional Agreements
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 12. Reasonable Ministerial Autonomy
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.
Section 13. Military Authority and Oversight
The World Assembly Delegate, subject to the regulations of the Cabinet and the supreme authority of the Open Parliament, shall be the commander of any military forces of the Social Liberal Union, created by or pursuant to law, with the concurrence of at least two-thirds of the Member States voting. The Delegate shall have the power to call forth the military to suppress unlawful insurrection or to repel invasion, and, as permitted by this Constitution or with the consent of the Open Parliament, conduct invasions upon foreign regions and for other purposes.
Article 6. Ministers and Ministries
Section 1. Ministerial Elections
The Ministers and Deputy Ministers shall be elected by the Open Parliament, with nominations opening immediately after a World Assembly Delegate election, and, shall hold their office until a successor is elected.
- Clause 1. No State shall hold these offices unless they are a Member State.
- Clause 2. In ministerial elections, the winner is elected Minister and the runner-up, if applicable, is elected Deputy Minister.
- Clause 3. In ministerial elections, no State may run for more than one position simultaneously.
Section 2. Role of Deputy Ministers and Vacancies
Deputy Ministers act as Ministers during a Minister's temporary absence and serve in any department level position, as needed by the Minister and Delegate. A Deputy Minister shall be elevated to Minister should such office become vacant. Should a vacancy occur in the office of any Deputy Minister, the Cabinet may appoint an Interim Deputy Minister to serve until a successor is elected.
Section 3. Ministerial Policy
Ministers shall determine policy within their Ministry, subject to review by the Delegate in accordance with Article 5, Section 12.
Section 4. Diplomacy
The Minister of Foreign Affairs shall be responsible for conducting interregional and interorganizational diplomacy on behalf of the Social Liberal Union and the Delegate, and shall promote the interests of the region abroad.
Section 5. Foreign Policy
The Minister of Foreign Affairs shall help set Cabinet's foreign policy objectives and embassy criteria as part of the Cabinet Doctrine.
- Clause 1. While the Minister of Foreign Affairs has the authority to establish the criteria that will be used to assess potential embassies, the Minister shall endeavor to reflect regional values in their selection process, as well as the requirements of Article 10.
Section 6. Ambassadors
The Minister of Foreign Affairs may appoint and dismiss Ambassadors of the Social Liberal Union, and grant them varying levels of authority and autonomy to represent the region.
Section 7. Embassies
The Minister of Foreign Affairs may open and close embassies, except those created or closed by Resolutions of Parliament, with the permission of the Delegate and the consultation of the Cabinet.
Section 8. Treaties and Foreign Events
The Minister of Foreign Affairs may negotiate treaties and agreements when authorized by the Delegate, and from time to time, inform the region of important developments and events outside the region.
Section 9. Defense and Intelligence
The Minister of Foreign Affairs and the Delegate shall be responsible for the defense of the region, and shall oversee the intelligence and counterintelligence operations of the region, and shall provide intelligence reports to the Cabinet or Delegate upon request.
Section 10. Regional Activities
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 11. Prosecutions and Government Legal Defense
The Minister of Domestic Affairs shall be responsible for the prosecutions of States and the legal representation of the government, but may delegate this authority to and appoint an Attorney General, which shall handle such affairs in consultation with the Minister, the Delegate, and the Cabinet.
- Clause 1. The Attorney General may dismissed at any time, and may appoint deputies and investigators to assist them in their duties, subject to the approval of the Minister.
Section 12. Standards of Decency
The Minister of Domestic Affairs shall be responsible for maintaining and enforcing standards of decency, as provided for by law, in places such as the regional forum, website, and message board.
Section 13. Appearance and Communications
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.
Section 14. Recruitment and Immigration Records
The Minister of Immigration shall be responsible for recruiting new States to join the Social Liberal Union, and for verifying and granting Member State rights and keeping records to that effect.
Section 15. Recruiters
The Minister of Immigration may appoint regional recruiters to assist them in their duties, and, they may actively or passively recruit foreign States using various manual or automatic communication mechanisms available.
Section 16. Compliance of Recruitment with Rules and Treaties
The Minister of Immigration shall respect and uphold all treaties and interregional agreements that have been ratified, related to recruiting activities, and, shall ensure compliance with rules regarding recruitment.
Section 17. Matters Not Explicitly Assigned
Any matters which are not explicitly assigned to a Minister may be assigned to one by the Delegate, or as provided for by law.
Section 18. Ministries and Departments
The Minister leads a Ministry, appointments into which the Minister and World Assembly Delegate share joint control. Beneath the Minister and Deputy Minister are departmental level positions, which include committee, secretarial and ambassadorial positions. These positions are created on a need basis by the Delegate and Minister, but may be regulated by law.
Article 7. The Cabinet and Administration
Section 1. 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 2. Regional and Ministerial Policy
Regional policy is created jointly by the Cabinet as a whole, and ministry policy decisions are created by the Minister.
Section 3. Administration Composition
The Administration shall consist of the Delegate, the Ministers, the Deputy Ministers, the Speaker of the Union, and the Founder.
Section 4. Positions in the Administration and Government
No State may hold two positions in the Administration, but a State in the Administration may hold positions at the departmental level.
- Clause 1. For the purposes of this Section only, the office of Founder does not count towards having a position in the Administration.
- Clause 2. For the purposes of this Section only, the office of Chancellor counts towards having a position in the Administration.
Section 5. Executive Orders
Executive Orders are orders of the Cabinet, collectively, which have the force of law.
- Clause 1. Executive Orders may only be issued with at least a majority vote of the Cabinet.
- Clause 2. Executive Orders shall expire automatically upon the start of a new delegatory term, but may be re-authorized at the discretion of the Cabinet.
- Clause 3. Executive Orders cannot modify or contravene the Constitution or any other law passed by the Open Parliament, but may supplement it.
- Clause 4. At any time, an Executive Order may be revoked by a majority vote of the Cabinet, or, by the Court of Justice if it is found to be unlawful.
Section 6. Private Discussion of the Administration and Cabinet
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.
Article 8. Voting and Elections
Section 1. Anti-tampering and Secret Ballot Measures
All votes mandated by the Constitution or by law shall be by secret ballot, utilize reasonable safeguards against vote tampering, and be verified by multiple vote counters.
Section 2. Procedure of Open Parliament Votes
In elections and legislative votes before the Open Parliament, a voting portal whose security and efficacy has been certified by the Speaker of the Union shall be utilized, except as otherwise provided for by law. Except where technically unfeasible, results must be hidden until voting concludes, and the ability of Member States to open voting on their own bills must be preserved.
Section 3. The Election Administrator
Elections shall be managed by a Member State referred to as the Election Administrator.
- Clause 1. The Election Administrator is appointed separately for each election by the Speaker of the Union. The Speaker may choose to serve as the Election Administrator themselves.
- Clause 2. The Election Administrator must not be involved in the campaigns of, or be one of the candidates in the election they are to administer. If the Election Administrator decides to become one of the candidates during the nomination period, another Member State must be appointed by the Speaker pro tempore to replace them, subject to the veto of the Chancellor.
- Clause 3. The Election Administrator may make decisions on election procedure, as long as they do not contravene the law.
Section 4. Preferential Voting, Nominations, and Campaigning
All constitutional elective public offices of the Social Liberal Union shall be elected using preferential voting. Each election shall have at least one week for nominations and campaigning, and one week for voting, except as otherwise stated or necessary. Any Member State may nominate themselves or other Member States. During any nomination period which may, as permitted by law, be concurrent with the nomination period for another office or offices, Member States may accept nomination for no more than one office; provided, a Member State running for another office may also run for an office if its nomination period has been extended due to lack of candidates.
Section 5. Abstentions
Abstentions shall be permitted in elections and noted, but shall not be counted towards the final results.
Section 6. Tie-breaking Votes
In the event of a tie for any position, the Cabinet determines the winner via a secret ballot majority vote.
Section 7. Special Procedures for Single-winner Elections
In elections where only a sole winning nation will be elected, and if one or less candidate(s) have declared their candidacies for the position at the closing of nominations, the period for nominations is extended by one week. The Speaker or designee shall send a message to all members of the region encouraging them to run. If there are no candidates by the end of this week, nominations are extended until one candidate is available. If there is one candidate by the end of this week or at a later juncture, an approval election shall be held for that candidate to assume office.
Section 8. Special Procedures for Multiple-winner Elections
In elections where two or more nations will be elected, if one or less candidate(s) have declared their candidacies at the closing of nominations, the period for nominations shall be extended indefinitely. The Speaker or designee shall send a message to all members of the region encouraging them to run. If one candidate has declared their candidacy after one more week, the sole candidate becomes the acting officer for the position contested. If no candidates are running for the position, then the incumbent may continue to hold their office until a successor is elected. Once two candidates have declared their candidacies, elections shall be held for the extent required by law.
Section 9. Early Elections Due to Vacancies
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, or, the Cabinet may appoint interim officers to these offices if there is less than one month until the next regularly-scheduled ministerial election.
Article 9. The Chancellor, Court of Justice, and Prosecutions
Section 1. Establishment and Duties
The Chancellor is the primary presiding officer of the Court of Justice and the chief officer of the judicial branch. The Court of Justice shall be both a trial court and the supreme appellate court of the region, and the final interpreter of Social Liberal Union law. The judicial power of the Social Liberal Union is vested in the Court of Justice as an institution, and then secondarily in such inferior tribunals as may be constituted by law to conduct criminal trials or civil trials regarding private disputes between Member States, with the concurrence of at least two-thirds of the Member States voting.
Section 2. Election, Tenure, and Qualifications
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.
- Clause 1. No State shall hold this office unless they are a Member State, and have been a Member State for at least two months in total.
Section 3. Jurisdiction and General Powers
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 4. Advisory Opinions
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 5. Judicial Review of Government Activities
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 6. Judicial Review of Acts and Resolutions of Parliament
The Court may rule on the constitutionality of Acts and Resolutions of Parliament to ensure the supremacy of the Constitution.
Section 7. Admissibility, Determinations of Law, and Vacating Rulings
The Court may vacate or modify a past ruling if it finds it to be erroneous, and, shall have the power to rule on the admissibility of evidence and make other determinations of law, in order to ensure fair proceedings.
Section 8. Sentencing
The Court sentences defendant States found guilty of offences by the Open Parliament or via a bench trial, as provided for by law.
- Clause 1. Sentences shall be proportional to the severity of the offence committed.
Section 9. Bench Trials
The Court may also serve as the trier of guilt instead of the Open Parliament, but only upon the express request of the defendant State.
Section 10. Open Parliament Vote to Determine Guilt
The Open Parliament shall vote on whether to convict or acquit the defendant State in cases involving offences against the Social Liberal Union, unless waived under Section 9.
- Clause 1. In order to convict a State, at least a two-thirds majority of the Member States in the Open Parliament voting must vote guilty, otherwise, the defendant shall be acquitted of the charge.
- Clause 2. Parties to the case shall be excluded from voting, which shall last 5 days.
Section 11. Overturning of Rulings
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.
- Clause 1. Parties to the case(s) in question shall be excluded from voting.
- 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 12. Criminal Prosecutions and Proceedings
The World Assembly Delegate, the Minister of Domestic Affairs, or the Attorney General may indict and prosecute States for offences against the Social Liberal Union, and, they may defend the government in matters before the Court. The Court may, in a manner provided for by law, appoint competent independent prosecutors or counsel in the event of incapacity, omission, or conflict of interest within the executive branch.
- Clause 1. The Court shall review a submitted indictment for admissibility, and may reject it or proceed to trial.
- Clause 2. The defense shall be given at least 5 days to present their case after the indictment has been accepted by the Court and presented to the Open Parliament.
- Clause 3. The Court shall promptly appoint a defendant State a competent public defender if they request assistance.
Section 13. Opinions of the Court
The Court shall publish a binding opinion in all cases involving a question of constitutionality or legality of a government act described in Sections 5 and 6 of this Article, and in all appellate cases. In all other controversies, the issuance of an opinion is at the discretion of the Court or as required by law. All opinions issued must be based on applicable law, precedent, facts, and evidence.
Section 14. Conflicts of Interest
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 15. Subpoenas and Testimony
The Court shall have the power to issue public and written subpoenas for evidence and statements on behalf of both parties in a case, or, that it deems necessary to make its decisions, including private communications and telegrams, and, may compel parties to give testimony before the Court.
- Clause 1. The refusal to provide such information or testimony shall constitute contempt of court, which the Court may punish, as provided for by law.
- Clause 2. Testimony given before the Court will be subject to penalty for perjury.
Section 16. Right to Question Both Parties
All parties shall be given a reasonable opportunity, through the Court, to ask each other questions and cross-examine those testifying.
Section 17. External Submissions
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.
Article 10. Foreign Relations
Section 1. Neutrality, Raiding, and Defending
The Social Liberal Union shall generally be a neutral region.
- Clause 1. 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 with which the Social Liberal Union does not have a lawful embassy or a ratified treaty regarding mutual defense.
- Clause 2. The Social Liberal Union maintains the right to investigate, negotiate with, and use espionage against any foreign region or organization to ensure the adequate defense and security of itself and its allies.
- Clause 3. Individual States of the Social Liberal Union may defend or raid, provided they do not harm the region or an ally of the region.
- Clause 4. By a treaty consented to by the Open Parliament, the Social Liberal Union may permit internal recruitment to a military organization. Provided, the Open Parliament must have determined, in its sole discretion, that said organization or an encompassing interregional organization espouses the central tenants of the Social Liberal Union and opposes those repugnant to the region.
Section 2. Embassies
Any Member State may propose that an embassy be closed or opened with a particular region or organization, in the form of a Resolution of Parliament to that effect.
- Clause 1. The World Assembly Delegate, Minister of Foreign Affairs, and the Cabinet shall be bound to such a Resolution, if passed.
Section 3. Embassy Requirements
In order to hold an embassy with the Social Liberal Union, a region or organization must satisfy the following requirements, as well as other requirements which may be provided for by law:
- Clause 1. They must be democratically structured and support democracy at the very minimum
- Clause 2. They do not promote values repugnant to the Constitution, such as values contrary to those found in Article 1, Section 2
- Clause 3. They are not an enemy or aiding an enemy of the Social Liberal Union or one of its allies
Article 11. Passage, Transition, and Replacement
Section 1. Voiding of the Second Constitution
This Constitution replaces and voids the Second Constitution of the Social Liberal Union, and therefore shall be enacted by at least a two-thirds vote of the Open Parliament.
Section 2. Passage
This Constitution may only be passed with the concurrence of at least two-thirds of the Member States voting, in a vote lasting between 21 to 30 days, following a mandatory public debate period of at least 3 days.
Section 3. Implementation of Officer Requirements and Term Lengths
Notwithstanding any provision in this Constitution, any length of Member State status requirement or qualification for public office shall not take effect until 4 months after the passage of this Constitution, and no term length of an incumbent officer at the time of this Constitution's passage shall be affected until the next election. Terms that started under the Second Constitution but terminated under the this Constitution do not count towards term limits.
Section 4. Officers Currently Serving
Any officer lawfully elected or appointed prior to the passage of this Constitution shall serve until the expiration of their term, except as otherwise provided for by law.
Section 5. Modification of Current Legislation
Following the passage of this Constitution, all Motions of Parliament shall become Resolutions of Parliament. All Acts of Parliament shall remain in effect to the fullest extent possible, pending modification or repeal by the Open Parliament, as needed.
Section 6. Replacement
This Constitution may only be replaced following the submission of a proposal by a Member State, sponsored by at least one other, and with the concurrence of at least two-thirds of the Member States voting, in a vote to last at least 21 to 30 days, following a public debate period of at least five days. No replacement shall be immune to repeal or deprive the Social Liberal Union of democratic government.
- Clause 1. No new Constitution shall be considered adopted if less than twelve valid votes of Member States were cast during the proposal's voting period, unless lowered to six valid votes by Resolution of Parliament, with the concurrence of at least two-thirds of the Member States voting.