[Draft] Constitution of the Osiris Fraternal Order
Posted: Sun Feb 08, 2015 4:51 pm
I brought this idea up in Deshret Conference Room, and with r3n's resignation from the Pschent as well as discussions over the Scribe of Justice and how we should ensure the independence of that role, I've decided to bring this forward as it offers a very simplified way to deal with regional justice, among other things.
There are two versions of this draft and the two different versions will be explained below.
Version 1
Version 1 is the more significantly different of the two proposals, making the following changes:
Legislature
Legislature
There are two versions of this draft and the two different versions will be explained below.
Spoiler
Constitution of the Osiris Fraternal Order
Preamble
We, the people of Osiris, in order to establish democratic governance and to foster peace, security, and stability within the region and its community, hereby reaffirm the Osiris Fraternal Order as the constitutional government of Osiris, governed by the provisions of this Constitution of the Osiris Fraternal Order.
Section 1: Deshret of Osiris
1. The Deshet of Osiris will be responsible for the democratic governance of the region, its community, and regional interaction with the broader NationStates world.
2. The Deshret will be comprised of all citizens of the Osiris Fraternal Order. Citizens will automatically be enrolled in the Deshret upon admission to citizenship.
3. The Deshret will be presided over by its presiding officer, the Keeper, who will preside over the Deshret according to its procedural rules.
4. The Deshret will have the power to make any law that it determines is necessary and proper for the general welfare of the people of Osiris and the community of the Osiris Fraternal Order, and to repeal such law.
5. The Deshret will have the power to enact treaties and other formal diplomatic agreements with other NationStates regions and organizations, and to repeal such treaties and agreements. Such treaties and agreements that include a commitment to military activity must be enacted by two-thirds majority vote.
6. The Deshret will have the power to declare war against other NationStates regions and organizations, and to repeal such declarations, by two-thirds majority vote.
7. The Deshret will have the power to elect officers of the Hedjet and Deshret, to confirm or reject the appointment of officers of the Atef, and to remove elected or appointed officials from office.
8. The result of any vote of the Deshret will be determined by taking into account only citizens voting, and discounting any abstentions cast in the vote. Unless otherwise mandated by this Constitution, the result of all votes of the Deshret will be determined by simple majority vote.
Section 2: Hedjet of Osiris
1. The Hedjet of Osiris will be responsible for the ordinary executive governance of the region, its community, and regional interaction with the broader NationStates world, on behalf of the Deshret.
2. The Hedjet will be comprised of the following officers, who will be responsible for the following duties:
(a) The Pharaoh will serve as Delegate of Osiris and will be responsible for overseeing and administering the game-side region, diplomatic interaction with other NationStates regions and organizations, and representing Osiris in the World Assembly.
(b) The Vizier will serve as Vice Delegate of Osiris, holding the second highest endorsement count in the region, and will be responsible for overseeing regional security as chairperson of the Atef. The Vizier will have a vote on the Atef for the duration of their service as Vizier but will not be an officer of the Atef unless otherwise appointed to the Atef.
(c) The Chief Scribe will serve as Prime Minister of the Osiris Fraternal Order and will be responsible for facilitating regional community affairs, including integration, culture, and media.
(d) The Marshal General will serve as Commander-in-Chief of the military forces of the Osiris Fraternal Order, responsible for policy and command of such forces, and for executing the military obligations of all treaties, formal diplomatic agreements, and declarations of war.
3. The duties assigned to officers of the Hedjet do not grant officers absolute power over their respective areas of government, and are subject to additional regulation by law.
4. Officers of the Hedjet may appoint deputies to assist in the execution of their assigned duties. Such deputies will not be subject to election or confirmation by the Deshret, but may be recalled by the Deshret.
Section 3: Atef of Osiris
1. The Atef of Osiris will be responsible for overseeing and assisting in enforcing regional security, for enforcing removal of the Pharaoh from office by the Deshret, and for enforcing removal of the Vizier from office by the Deshret if the Pharaoh is unable or unwilling to do so.
2. The Atef will be comprised of the Vizier as its chairperson and officers appointed by the Pharaoh. Once confirmed in their appointment by the Deshret, officers of the Atef may only be removed from office by the Deshret and are not subject to term limit.
3. The Pharaoh, if previously appointed to the Atef, will be suspended from the Atef for the duration of their service as Pharaoh.
4. Officers of the Atef will be responsible for maintaining high endorsement counts, up to 66% of the Pharaoh's endorsement count or ten endorsements fewer than the Vizier, whichever is lower. This limit may be waived as mandated by law.
5. The Atef will be responsible for accepting or rejecting citizenship applications by simple majority vote. If an application is neither accepted nor rejected within seven days of its filing, it will go to vote before the Deshret.
6. The Atef will have the power to remove citizenship by unanimous vote. Neither the Vizier nor any officer of the Atef will vote on removal of their own citizenship. Removal of citizenship for failure to maintain a nation in the region will be regulated by law.
7. Any citizen may appeal acceptance of a citizenship application to the Deshret. The Deshret will, within seven days of the appeal, initiate a vote to uphold or overturn acceptance of the citizenship application. Admission to citizenship will be suspended until the Deshret vote concludes.
8. Any individual whose citizenship application is rejected or whose citizenship is removed may appeal such rejection or removal to the Deshret. The Deshret will, within seven days of the appeal, initiate a vote to uphold or overturn the rejection or removal. Rejection or removal of citizenship will be suspended until the Deshret vote concludes.
Section 4: Other Provisions
1. The legal off-site forum of the Osiris Fraternal Order, the sole legitimate off-site forum of Osiris, is found at this URL: https://osiris.valthost.com/index.php
2. No provision of this Constitution nor any law made pursuant to this Constitution will be construed to limit or interfere with the power of forum administration to safeguard the out-of-character security of the off-site forum or its community.
3. The Deshret will have the power to amend this Constitution by three-quarters majority vote.
Section 5: Status of Previous Law
1. The State Code of Osiris is hereby repealed.
2. The Procedure of the Deshret is hereby repealed.
3. All statutory law enacted under the State Code of Osiris is hereby repealed.
4. Any treaty law enacted under the State Code of Osiris that is not again enacted by the Deshret within ninety days of the enactment of this Constitution will be automatically repealed, but will bear the force of law unless and until repealed.
5. All officials elected or appointed under the State Code of Osiris will continue to serve in their respective offices until election procedures are established by law and elections accordingly conducted.
Spoiler
Constitution of the Osiris Fraternal Order
Preamble
We, the people of Osiris, in order to establish democratic governance and to foster peace, security, and stability within the region and its community, hereby reaffirm the Osiris Fraternal Order as the constitutional government of Osiris, governed by the provisions of this Constitution of the Osiris Fraternal Order.
Section 1: Deshret Assembly of Osiris
1. The Deshret Assembly of Osiris will be responsible for the democratic governance of the region, its community, and regional interaction with the broader NationStates world.
2. The Deshret Assembly will be comprised of all citizens of the Osiris Fraternal Order. Citizens will automatically be enrolled in the Deshret Assembly upon admission to citizenship.
3. The Deshret Assembly will be presided over by its presiding officer, the Keeper, who will be elected from among the citizenry of the Osiris Fraternal Order for terms of three months and will preside over the Assembly according to its procedural rules.
4. The Deshret Assembly will have the power to make any law that it determines is necessary and proper for the general welfare of the people of Osiris and the community of the Osiris Fraternal Order, and to repeal such law.
5. The Deshret Assembly will have the power to enact treaties and other formal diplomatic agreements with other NationStates regions and organizations, and to repeal such treaties and agreements. Such treaties and agreements that include a commitment to military deployment must be enacted by two-thirds majority vote.
6. The Deshret Assembly will have the power to declare war against other NationStates regions and organizations, and to repeal such declarations, by two-thirds majority vote.
7. The Deshret Assembly will have the power to elect officers of the Executive Hedjet and Deshret Assembly, to confirm or reject the appointment of officers of the Atef Guardian Council, and to remove elected or appointed officials from office.
8. The Pharaoh will have the power to sign or veto legislation passed by the Deshret Assembly. If legislation is signed, it will be enacted into law; if vetoed, it will be returned to the Deshret Assembly for reconsideration. The Deshret Assembly will have the power to override such a veto by two-thirds majority vote. If the Pharaoh neither signs nor vetoes legislation within seven days of its passage, it will automatically become law.
9. The result of any vote of the Deshret Assembly will be determined by taking into account only citizens voting, and discounting any abstentions cast in the vote. Unless otherwise mandated by this Constitution, the result of all votes of the Deshret Assembly will be determined by simple majority vote.
Section 2: Executive Hedjet of Osiris
1. The Executive Hedjet of Osiris will be responsible for the ordinary executive governance of the region, its community, and regional interaction with the broader NationStates world, on behalf of the Deshret Assembly.
2. The Executive Hedjet will be comprised of the following officers, elected from among the citizenry of the Osiris Fraternal Order for terms of three months, who will be responsible for the following duties:
(a) The Pharaoh will serve as Delegate of Osiris and will be responsible for overseeing and administering the game-side region; diplomatic interaction with other NationStates regions and organizations; representing Osiris in the World Assembly; policy and command of the military forces of the Osiris Fraternal Order, including executing the military obligations of all treaties, formal diplomatic agreements, and declarations of war; and facilitating regional community affairs, such as integration, culture, and media.
(b) The Vizier will serve as Vice Delegate of Osiris, holding the second highest endorsement count in the region, and will be responsible for overseeing regional security as chairperson of the Atef Guardian Council. The Vizier will have a vote on the Atef Guardian Council for the duration of their service as Vizier but will not be an officer of the Atef Guardian Council unless otherwise appointed to the Atef Guardian Council.
3. The duties assigned to officers of the Executive Hedjet do not grant officers absolute power over their respective areas of government, and are subject to additional regulation by law.
4. Officers of the Executive Hedjet may appoint citizens to serve as deputies, to assist in the execution of their assigned duties. Such deputies will not be subject to election or confirmation by the Deshret Assembly, but may be recalled by the Deshret Assembly.
Section 3: Atef Guardian Council of Osiris
1. The Atef Guardian Council of Osiris will be responsible for overseeing and assisting in enforcing regional security, for enforcing removal of the Pharaoh from office by the Deshret Assembly, and for enforcing removal of the Vizier from office by the Deshret Assembly if the Pharaoh is unable or unwilling to do so.
2. The Atef Guardian Council will be comprised of the Vizier as its chairperson and officers appointed from among the citizenry of the Osiris Fraternal Order by the Pharaoh. Once confirmed in their appointment by the Deshret Assembly, officers of the Atef Guardian Council may only be removed from office by the Deshret Assembly and are not subject to term limit.
3. The Pharaoh, if previously appointed to the Atef Guardian Council, will be suspended from the Atef Guardian Council for the duration of their service as Pharaoh.
4. Officers of the Atef Guardian Council will be responsible for maintaining high endorsement counts, up to 66% of the Pharaoh's endorsement count or ten endorsements fewer than the Vizier, whichever is lower. This limit may be waived as mandated by law.
5. The Atef Guardian Council will, in consultation with forum administration, be responsible for accepting or rejecting citizenship applications by simple majority vote. If an application is neither accepted nor rejected within seven days of its filing, it will go to vote before the Deshret Assembly.
6. The Atef Guardian Council will have the power to remove citizenship by three-quarters majority vote. Neither the Vizier nor any officer of the Atef Guardian Council will vote on removal of their own citizenship. Removal of citizenship for failure to maintain a nation in the region will be regulated by law.
7. The result of any citizenship vote of the Atef Guardian Council will be determined by taking into account only members voting over a maximum seven day period.
8. Citizens admitted to citizenship within seven days prior to a scheduled election, or after the initiation of a special election, will not be permitted to vote in that election.
9. Any citizen may appeal acceptance of a citizenship application to the Deshret Assembly within seven days of its acceptance. The Deshret Assembly will, within seven days of the appeal, initiate a vote to uphold or overturn acceptance of the citizenship application. Admission to citizenship will be suspended until the Deshret Assembly vote concludes.
10. Any individual whose citizenship application is rejected or whose citizenship is removed may appeal such rejection or removal to the Deshret Assembly within seven days of the rejection or removal. The Deshret Assembly will, within seven days of the appeal, initiate a vote to uphold or overturn the rejection or removal. Rejection or removal of citizenship will be suspended until the Deshret Assembly vote concludes.
Section 4: Other Provisions
1. The legal off-site forum of the Osiris Fraternal Order, the sole legitimate off-site forum of Osiris, is found at this URL: https://osiris.valthost.com/index.php
2. No provision of this Constitution nor any law made pursuant to this Constitution will be construed to limit or interfere with the power of forum administration to safeguard the out-of-character security of the off-site forum or its community.
3. The Deshret Assembly will have the power to amend this Constitution by three-quarters majority vote. Such amendments will not be subject to signature or veto by the Pharaoh.
Section 5: Status of Previous Law
1. The State Code of Osiris is hereby repealed.
2. The Procedure of the Deshret is hereby repealed.
3. All statutory law enacted under the State Code of Osiris is hereby repealed.
4. Any treaty law enacted under the State Code of Osiris will be retained under this Constitution.
5. All officials elected or appointed under the State Code of Osiris will continue to serve in their respective offices until election procedures are established by law and elections accordingly conducted.
Version 1 is the more significantly different of the two proposals, making the following changes:
Legislature
- The Deshret would now be comprised of all citizens of the Osiris Fraternal Order, from the minute they are admitted to citizenship, with no activity or quorum requirements. Citizens would participate in the Deshret as they're willing and able. This would increase Deshret activity and reduce administrative workload for the Keeper, allowing him more time to work on legislation, move legislation forward, and generally oversee the Deshret.
- Laws made by the Deshret would no longer be subject to executive veto.
- There would now be a two-thirds majority required for treaties and declarations of war.
- The Deshret would now have the power to remove officials from office by simple majority vote.
- The Deshret would no longer have the power to confirm executive deputies (i.e., Scribes).
- The executive would now be divided into four elected offices: Pharaoh, Vizier, Chief Scribe, Marshal General. These officers would not be collectively responsible for executive policy, as in TSP, but rather would be autonomous over their respective areas, subject to laws made by the Deshret.
- The Pharaoh would be responsible for administration of the game-side region, diplomacy, and WA affairs.
- The Vizier would be responsible for regional security and chairing the Atef.
- The Chief Scribe would be responsible for community affairs -- integration, culture, and media.
- The Marshal General would be responsible for policy and command of the Legion.
- Each officer could appoint deputies (i.e., Scribes) without Deshret confirmation.
- The Atef would still have the same game-side security responsibilities they have now, including the exact same endo cap (66% of the Pharaoh's count or ten less than the Vizier).
- The Atef would continue to be appointed by the Pharaoh and confirmed by the Deshret but would now be chaired by the Vizier, now an elected official.
- The Atef would be responsible for accepting or rejecting citizenship applications by majority vote. Any citizen could appeal acceptance of a citizenship app, any individual rejected could appeal the rejection, with appeals going to a majority vote in the Deshret.
- The Atef would also be responsible for removing citizenship by unanimous vote. This doesn't include removal of citizenship for failure to maintain a nation in the region, which will be covered by law. Any individual whose citizenship is removed could appeal removal to the Deshret. This would replace our current complicated, under-used, and under-performing justice system.
- If acceptance of citizenship is appealed, the acceptance is suspended until the Deshret vote concludes. If rejected or removed and then appealed, the rejection or removal is suspended until the Deshret vote concludes.
- A member of the Atef could not vote on removal of their own citizenship.
- The legal establishment of the forum and protection of the power of forum administration to protect its OOC security is preserved
- A three-quarters majority vote would now be needed to amend the Constitution.
- The State Code is, obviously, repealed.
- The Procedure of the Deshret, the bulk of which is incompatible with this simplified Constitution, is repealed.
- All prior legislation, most of which is also incompatible with this simplification and won't need to be replaced, is repealed.
- All treaties will be subjected to a re-vote within ninety days due to the expanded membership of the Deshret as well as the new, higher threshold of two-thirds for ratification of treaties. Any treaty that isn't re-ratified within ninety days is repealed.
- Officials from the State Code will remain in office until an election procedure is established and elections conclude.
Legislature
- Laws passed by the Deshret would still be subject to Pharaonic veto.
- All other provisions here are the same as Version 1.
- This is less significantly reformed than in Version 1. The Pharaoh maintains most executive responsibilities, but the Vizier becomes a second elected executive office to oversee regional security and chair the Atef.
- All other provisions are the same as Version 1.
- Citizenship can be removed by 3/4 rather than unanimous vote.
- All other provisions here are the same as Version 1.
- All provisions here are the same as Version 1.