[Proposal] Amerion's Constitution

Amerion · Post by **Amerion** » Fri Apr 29, 2016 8:44 am

To note, I have mixed feelings about what has transpired over the last month. As I have dear friends on both sides of the aisle, I have decided to sit out in this conflict and adopt a neutral stance. However, the opportunity to write a Constitution from scratch was too appealing, hence I present you with the following draft (which does not in anyway signify an endorsement on my part of this government).

Amerion · Post by **Amerion** » Fri Apr 29, 2016 8:44 am

Osiris Fraternal Order[hr][/hr]"An Act to constitute the Osiris Fraternal Order”

We the people of Osiris:

Recognising that in an era of changing circumstances and uncertainty, unprecedented threats to peace and security, and a surge in popular demands for democracy, and human rights, the potential of and need for the Order– as a compelling force for good and as an effective network for co-operation and for promoting development – has never been greater,
Acknowledging that the special strength of the Order lies in the combination of our diversity and our shared inheritance in language, culture and the rule of law; and bound together by shared history and tradition; by respect for all states and peoples; by shared values and principles and by concern for the vulnerable,
Welcoming the valuable contribution of the network of the many intraregional, governing bodies, professional and civil society bodies which support the Order and which subscribe and adhere to its values and principles,
Affirming our core Osiran principles of consensus and common action, mutual respect, inclusiveness, transparency, accountability, legitimacy, and responsiveness,

Reaffirming the core values and principles of the Order as declared by this Constitution, do establish this Osiris Fraternal Order

Short title
This Act may be cited as the Osiris Fraternal Order Constitution Act.

Proclamation of the Order
It shall be lawful for the Council of Viziers, with the advice of the Council of Scribes, to declare by proclamation that, on and after a day therein appointed, not being later than one month after the passing of this Act, the people of Osiris, shall be united in a region under the formal name of the Osiris Fraternal Order.

Commencement of Act
The Order shall be reaffirmed, and the Constitution of the Osiris Fraternal Order shall take effect, on and after the day so appointed. But the Governing Entities of the Order may at any time after the passing of this Act make any such laws, to come into operation on the day so appointed.

Effect of Act
The Constitution of the Osiris Fraternal Order is affirmed as the supreme document within Osiris and it's Dominions. All mentions within legislation passed before the enactment of this Act which conflicts with mentions within this Act is superseded and made obsolete.

Operation of the Constitution and laws
This Act, and all laws made by the Governing Entities of the Order under the Constitution, shall be binding on the courts, judges, and people of every State and of every part of the Order including that of in-game and the forum.

Definitions:

The “Order" shall mean the Osiris Fraternal Order as established under this Act.
"Citizen" shall mean such of the nation residing within the boundaries of the Order, including the dominions of the Order, and States may be admitted into or established by the Order as Citizens based on a Citizen Application to the Order; and each of such parts of the Order shall be called a Citizen.
"Resident" shall mean a nation who resides in the region, but who does not have citizenship.
"Provisional Citizenship" shall mean a special status accorded for Ambassadors to the Order, and those who the Vizier of Regional Affairs deems in need of a citizenship status to carry out some duty. This nation need not reside in the region, and his or her Provisional status will be terminated on the completion of his or her duty.

Amerion · Post by **Amerion** » Fri Apr 29, 2016 8:55 am

Chapter I - Declaration of Rights

All Citizens of the Osiris Fraternal Order are sovereign. Each Citizen has the right of self-determination in that Citizen's domestic policies, including, but not limited to, issue selection and WA membership.
Each Citizen's rights to free speech within reasonable and appropriate restrictions imposed by law, free press, and the free expression of religion shall not be infringed, and shall be encouraged, by the governmental authorities of the region. Each Citizen has the right to assemble, and to petition the governmental authorities of the region. The governmental authorities of the region shall act only in the best interests of Osiris, as permitted and limited under the Constitution.
Participation in the governmental authorities of the region is voluntary. Participation in the World Assembly shall not be a condition of participation in the governmental authorities of the region.
No Citizen of the Order holding WA member status in NationStates shall be obligated to endorse any official of a government authority of the region. The right to add an endorsement or withdraw an endorsement is a sovereign right of that Citizen as a WA member.
All Citizens of the Order have the right to be protected against the abuse of powers by any official of a government authority of the region. Any Citizen of the Order has the right to request the recall of any official of a government authority of the region in accordance with the Constitution, that is deemed to have participated in such acts.
No Citizen shall be held to answer for a crime in a manner not prescribed by the Constitution or the Law Code. No Citizen shall be subjected to being twice put in jeopardy for the same offense. No Citizen shall ever be compelled in any criminal case to be a witness against itself.
When charged with criminal acts, Citizens of the Order shall be accorded a fair, impartial, and public trial before a neutral and impartial judicial officer. In any criminal proceeding, a Citizen is presumed innocent unless guilt is proven to the fact finder by reasonably certain evidence. A Citizen may be represented by any counsel of the Citizen's choosing. No Citizen convicted of a crime shall be subject to a punishment disproportionate to that crime.
No Citizen shall be ejected from the region, or banned from any forum, except as expressly authorized by the Constitution or the Law Code, except in cases where an imminent security threat is posed. Should any official of a government authority of the region with authority to act, declare that the immediate ejection or banning of a Citizen is an urgent matter of regional security they may order the ejection or banning of the nation. Any ejected or banned Citizen shall have prompt and immediate recourse to judicial review of the matter. The Pharaoh shall not exercise the power of ejection or banning unless expressly authorized by a specific action of a government authority of the region pursuant to the Constitution or to the Law Code.
Each Citizen in the Order is guaranteed the organization and operation of the governmental authorities of the region on fundamental principles of democracy, accountability, and transparency. No action by the governmental authorities of the region shall deny to any Citizen, due process of law, including prior notice and the opportunity to be heard, nor deny to any Citizen of the Order the equal and fair treatment and protection of the provisions of the Constitution. No governmental authority shall have power to adopt or impose an ex post facto law or a bill of attainder as to any act for purposes of criminal proceedings.
Each Citizen entitled to a vote in any manner under the fundamental laws of the region is entitled to the equal treatment and protection of that Citizen's right to vote.
No governmental authority of the region has the power to suspend or disregard the Constitution or the Law Code. In the event of an actual emergency, the governmental authorities of the region, with the express consent of the Citizens of the region or their representatives, is authorized to act in any reasonable manner that is consistent as practicable with the pertinent provisions of the Constitution.

Amerion · Post by **Amerion** » Fri Apr 29, 2016 9:04 am

Chapter II - The Legislature

Part I: General

The legislative power of the Osiris Fraternal Order shall be vested in an Intraregional Entity, which is hereinafter called the Council of Scribes, or the Council of Scribes of the Osiris Fraternal Order.

Part II: The Council of Scribes

The Council of Scribes shall be composed of Citizens who apply to join and are successful.
Any Citizen in good standing shall be eligible to join the Council of Scribes as an Council member.
Membership of the Council of Scribes shall be administered by the Chief Scribe of the Council of Scribes or his responsible deputies.
Membership into the Council of Scribes shall be granted upon approval of the Chief Scribe of the Council of Scribes or his responsible deputies, based on a successful application provided in the designated medium.
Membership into the Council of Scribes may be, within reason, denied by the Chief Scribe of the Council of Scribes or his responsible deputies.
Denial of Membership without measured and explicit reason may be challenged in the Pschent.
The Pschent may rule on the legitimacy of the reason and the legitimacy of the denial of membership.
Membership into the Council of Scribes shall not be granted during the course of nominations or elections for the Office of Chief Scribe or a Vote of No Confidence.
Membership of the Council of Scribes may be suspended or dismissed by the Chief Scribe of the Council of Scribes in certain circumstances, including, but not limited to: conviction of criminal misconduct, loss of citizenship, or gross misconduct.
Through the medium of law-making, the Council of Scribes has the supreme authority to declare war. the Council of Scribes also has the authority to charge nations whom are not citizens of the Order Persona-non-grata.
Every Council member shall before taking his seat make and subscribe before the Chief Scribe, or some person authorised by him, an oath or affirmation of allegiance in the form set forth in the schedule to this Constitution.
Any person who:
1. Is under any acknowledgement of allegiance, obedience, or adherence to an enemy of the region, or is a subject or a citizen or entitled to the rights or privileges of a subject or citizen of an enemy of the region: or
2. Is attained of treason, or has been convicted and is under sentence, or subject to be sentenced, for any offence punishable under the law of the Order by banishment for one month or longer
  
  shall be incapable of being chosen of sitting as a Council member of the Council of Scribes.
The Council of Scribes shall, every three months, before proceeding to the despatch of any other business, choose a member to be the Chief Scribe of the Council of Scribes, and as often as the Office of Chief Scribe becomes vacant the Council of Scribes shall again choose a member to be the Chief Scribe. The Chief Scribe shall cease to hold his office if he ceases to be a member. He may be removed from office by a Vote of No Confidence conducted by the Council of Scribes, or he may resign the office by writing addressed to the Pharaoh.
The Chief Scribe of the Council of Scribes is empowered to appoint one or more deputies at his discretion to serve at his pleasure, and to delegate responsibilities to such deputies within the constraints of both this and other legislation and Ordinances of the Council of Scribes. The Chief Scribe may delegate one deputy with the responsibility of acting in his absence.
The Council of Scribes shall have the responsibility of declaring a chain of succession in the event that both the Chief Scribe and his designated deputy are unavailable.
The Council of Scribes shall have the power to enact Ordinances for its internal governance.
Ordinances shall have force and effect only insofar as they relate to the Council of Scribes and do not contradict other lawful legislation.
A Council member may by writing addressed to the Chief Scribe, or to the Pharaoh if there is no Chief Scribe or if the Chief Scribe is absent from the Order, resign his place, which thereupon shall become vacant.
The responsibility of recording the activeness of a Council Member shall rest with the Chief Scribe of the Council of Scribes or his responsible deputies.
The place of a Council member shall become vacant if for one month he, without notifying the Council, fails to attend the Council of Scribes.
1. A Council member may notify the Council of his absence, during which or beforehand, in an appropriate medium designated by the Council of Scribes.
2. A Council member who was removed for inactive may reapply for membership into the Council of Scribes.
Any Council member may introduce a proposal to enact, amend or repeal laws by creating a thread in the specified sub-forum of the Osiris Fraternal Order official forum.
1. The Chief Scribe of the Council of Scribes or a designated official may correct grammatical, formatting and spelling errors in any proposal, provided that such changes are non-substantive in that they do not in any way affect the interpretation of the content of the proposal.
2. It is required that all such corrections be publicly declared in the Council of Scribes, detailing the proposal concerned and the full extent of corrections made. The authority provided to the Chief Scribe or a designated official by is wholly conditional upon such a public declaration.
The associated text of the proposal will be contained in a single quote tag. The member who introduced the proposal may alter this text at their discretion.
Upon the introduction of the proposal, a period of 48 hours must be allocated for discussion and debate on the merits of the proposal.
After the aforementioned period has passed the member who introduced the proposal may call for a vote by posting 'motion to vote', or a functional equivalent in the thread. Any other member may second such a motion. Once the proposal has been moved and seconded, the Chief Scribe will schedule a vote for no later than 48 hours.
In order for the bill to pass, it must reach a majority of votes in favour of passing the bill.
Questions arising in the Council of Scribes shall be determined by a majority of votes other than that of the Chief Scribe. The Chief Scribe shall not vote unless the numbers are equal, and then he shall have a casting vote.
Upon the passage of a bill in the Council of Scribes, it shall proceed to the Pharaoh for executive assent, upon which, it will become law.

Part III: Impeachment

The Council of Scribes shall have the sole Power to try all impeachments.
The Pharaoh and the Council of Viziers are able to be impeached.
The process of Impeachment shall be as follows:
1. Impeachment resolutions authored by a Council member or Council members are provided to the Pschent which rules, within a maximum of 5 days whether the resolution and its allegations of wrongdoing by the official in question merits a referral to the Council of Scribes for a vote on launching a formal impeachment inquiry.
2. The Council of Scribes votes with regards to a formal impeachment inquiry. In order for the motion to pass, it must reach a majority of votes in favour of passing the motion.
If approved, the Council member or Council members responsible for tabling the motion conducts an investigation to determine if there is enough evidence to warrant articles of impeachment against the official in question. The Council member or Council members then drafts articles of impeachment pertaining to specific charges supported by the evidence.
The trial is conducted in the Council of Scribes operating under official court proceedings including examination, cross-examination of witnesses and under the direction of the Chief Elder. During questioning, Council members remain silent, directing all questions in writing to the Chief Elder in a dedicated medium.
Upon hearing all of the evidence and closing arguments, the Council of Scribes deliberates behind closed doors then votes in open session on whether to convict or acquit the official in question. The vote must comply with the aforementioned requirements.
Should the official in question be convicted, he will be removed from his position.

Amerion · Post by **Amerion** » Fri Apr 29, 2016 9:08 am

Chapter III - The Executive Government

Part I: General

The executive power of the Osiris Fraternal Order is vested in the Council of Viziers and extends to the execution and maintenance of this Constitution, and of the laws of the Order.
There shall be an Executive Cabinet to administer the governance of the Osiris Fraternal Order, and Viziers shall be appointed by the Pharaoh and subsequently voted on by the Council of Scribes.
The Pharaoh shall serve as the regional head of government and shall have the power to lead the Council of Viziers. They will also be responsible for coordinating Viziers. The Pharaoh shall be responsible for the overall successful administration of the region and maintaining an active Council of Viziers. The Pharaoh may approve, return or veto all acts passed by the Council of Scribes within a 7 day period, after the Acts passage. If the Act has not been addressed by the given period, it immediately takes effect.
In case of the removal of the Pharaoh from office, or resignation, or inability to discharge the powers and duties of the said office, the same shall devolve on his appointed heir, the Pharaoh-in-waiting, and in the case of removal, resignation or inability, of both of the Pharaoh and Pharaoh-in-waiting, the Guardian next in line will ascend to the position of the Pharaoh. The chain of succession may be established by the Council of Scribes.
The Pharaoh, at his discretion, appoint a Citizen to be the Pharaoh-in-waiting; and as often as the office of the Pharaoh becomes vacant the Pharaoh-in-waiting shall fulfil the office.
The Pharaoh, at his discretion, may create positions on the Council of Viziers not mentioned the Constitution.
The Vizier of Foreign Affairs shall have Power, by and with the Advice of the Pharaoh, to make Treaties, and shall appoint Ambassadors and Consuls. The Vizier has the primary obligation of maintaining strategic alliances between the Order and allied regions and may do so at his discretion.
The Vizier of Regional Affairs has the primary obligation of maintaining communication with the nations of the region on current events, executing such communications to the region in-game, and posting them on the Regional Message Board. The Vizier will maintain a regional newspaper as well as the drafting and distribution of new articles. The Vizier shall be responsible for the organisation, implementation and management of cultural programs/events within the region and allied foreign entities. This includes, but is not limited to, directing and running role-plays and the maintenance of the regional map.
The Vizier of Military Affairs shall be Commander-in-Chief of the Sekhmet Legion of the Osiris Fraternal Order, and of any official military organisations operating under the mandate of the Order. The Vizier has the primary obligation of working closely with the governing institution of the military, making sure that the military stays in check with the Order's values, and also keeping his or her own network of personnel. With the approval of the Council of Scribes, the Vizier as well as the Pharaoh has a mandate to authorize a regional call to arms in times of regional emergency. The Vizier has the obligation to coordinating all clandestine activities of the region.
The Vizier of Judicial Affairs shall be responsible for leading the justice department, with the discretion to manage the prosecution of all criminal cases brought before the Pschent, save those outlined below and which the Vizier has acted as a counsel or as an investigator, and will also act as a legal advisor to the Council of Viziers. The Vizier may conduct the investigation of cases, as well as the responsibility to act as the legal counsel for any plaintiff or defendant who does not have a counsel. The Vizier may not act as the legal counsel for both parties concurrently, and may instead appoint the Deputy as the counsel for the opposing party. The Vizier shall not be involved in the prosecution of any criminal case in which they are a defendant, a defense attorney, or a witness.
Viziers of the Council of Viziers shall be removed from office for a period of inactivity lasting fourteen consecutive days unless the member previously informed of such absence, on Impeachment for, and Conviction of, Treason, or other High Crimes and Misdemeanours.
Any person who:
1. Is under any acknowledgement of allegiance, obedience, or adherence to an enemy of the region, or is a subject or a citizen or entitled to the rights or privileges of a subject or citizen of an enemy of the region:
  
  Under the supervision of the Pharaoh or the Vizier of Foreign Affairs, a person will have three days to remedy the aforementioned issue.
2. Or is attained of treason, or has been convicted and is under sentence, or subject to be sentenced, for any offence punishable under the law of the Order by banishment for one month or longer.
  
  shall be incapable of being chosen of sitting as a Vizier on the Council of Viziers.
A Vizier may by writing addressed to the Pharaoh, a Pharaoh-in-waiting, or to the Chief Elder if there is no Pharaoh or if the Pharaoh-in-waiting is absent from the Order, resign his or her place, which thereupon shall become vacant.
A Vizier on the Council of Viziers shall, before proceeding to the despatch of any other business, choose a Deputy to be the assist the Execution of his office; upon selection a Deputy shall immediately assume office temporarily; and as often as the office of the Vizier becomes vacant the now-Vizier shall again choose a Deputy. Upon the inability of the Vizier to discharge his duties, the Deputy will replace the Vizier until such time that the Pharaoh can appoint a prospective-Vizier.
Every Vizier of the Council of Viziers shall before taking his seat make and subscribe before the Chief Scribe, or some person authorised by the aforementioned Citizen, an oath or affirmation of allegiance in the form set forth in the schedule to this Constitution.
Viziers may appoint officers to administer their respective departments of Osiris Fraternal Order. Such officers shall hold office at the pleasure of the Vizier.

Part II: Powers of the Executive Government The Council of Viziers shall, subject to this Constitution, have power to make laws for the peace, order, and good government of the Order with respect to:

Interregional relations;
Interregional Treaties and alliances;
Administration and usage of the Sekhmet Legion of Osiris pending approval by the Council of Scribes.
Matters referred to the Council of Viziers by the Council of Scribes, but so that the law shall extend only to issues specified by the Council of Scribes.

The Council of Viziers may adopt Executive Directives in cases where no law exists; Executive Directives may not conflict with the Constitution, or any existent laws. Executive Directives may cover certain matters regarding the offsite-forum or in-game.

Amerion · Post by **Amerion** » Fri Apr 29, 2016 9:10 am

Chapter IV - The Judicature

The judicial power of the Osiris Fraternal Order shall be vested in a Court of Law, to be called the Pschent of the Osiris Fraternal Order. The Pschent shall consist of a Chief Elder, accompanied by two Elders.
The Elders of the Pschent;
1. Shall be appointed by the Pharaoh;
2. Shall be confirmed by the Council of Scribes;
3. Shall not be removed except by the Pharaoh, on an address from the Council of Scribes, praying for such removal on the ground of proved misbehaviour or incapacity
The appointment of an Elder of the Pschent shall be for a term expiring upon a period of 4 months, in which case the aforementioned Elder may seek reappointment.
The Pschent shall, before proceeding to the despatch of any other business, publish an ordinance; within is specified its established procedures.
The Pschent may conduct periodic reviews of law in the region and, upon finding conflicting or outdated legislation, may suggest legislative action or request a suit be filed with the Pschent for the purpose of addressing the perceived conduction or outdated legislation.
The Pschent shall have jurisdiction, with such exceptions and subject to such regulations as the Council of States prescribes, to hear and determine appeals from all judgments, decrees, orders, and sentences:
The judgment of the Pschent in all such cases shall be final, conclusive and binding.

Amerion · Post by **Amerion** » Fri Apr 29, 2016 9:16 am

Chapter V - Miscellaneous

Part I: CitizenshipCitizenship to the Osiris Fraternal Order shall be granted providing:

Citizenship Records shall mean a section in the forums will be dedicated to the records of citizenship, and shall be maintained by the Vizier of Regional Affairs, or the Vizier’s equivalent.
The Citizenship Process shall involve the following:
1. Nations desirous of citizenship will complete a citizenship form truthfully on the forums, after having obtained a forum account.
2. The responsible official, who is designated by the Pharaoh, will have at a maximum 5 days to review the application. At the end of the period, they must either accept or deny the application.
3. If the application is accepted, the nation earns the full rights of a citizen, or provisional citizen.
The Denial of Citizenship shall involve the following:
1. The Pharaoh, or other designee with responsibility for citizenship applications, shall grant all requests for citizenship, unless:
2. The citizenship application form is not satisfactorily and truthfully completed;
3. The applicant does not have a nation in Osiris, or does not fulfil the guidelines for the granting of citizenship;
4. A security reason for denial of citizenship is advised by the Vizier of Security Affairs;
5. A court order is in place effecting that the applicant is not permitted to hold citizenship of the region;
6. The granting of citizenship to the applicant is deemed to pose an unacceptable risk to the well-being of the region;
7. The granting of citizenship to the applicant would be a violation of the law;
8. The citizenship applicant has posted, or registered under a proxy and fails to request a Waiver from the Pharaoh or his designee by the end of the waiting period described in Citizenship Process. Citizenship may not be granted if illegal proxy use has been detected.
9. If an application is denied, a written explanation of why shall be posted with the denial.
The following rules will designate the legal rights of each group of nations:
1. A Citizen of the Osiris Fraternal Order is entitled to all the rights, protections, and responsibilities of the regional law;
2. A Provisional Citizen of the Order is entitled to all the rights, protections, and responsibilities of regional law during the duration of their Provisional Citizenship.
3. A Resident of the Order is not entitled to any rights or protections of regional law.

Part II: Government

Council members/Pharaohs/Viziers/Elders shall be incapable of being of sitting as an aforementioned position of another branch.
Before Council member/Pharaoh/Vizier/Elder, enter on the Execution of his Office, he shall take the following Oath or Affirmation: "I do solemnly swear that I will faithfully execute the Office of INSERT of the Osiris Fraternal Order, and will to the best of my Ability, preserve, protect and defend the Osiris Fraternal Order.”

Part III: Forum

The sole legally legitimate forum of the Osiris Fraternal Order is located at the following URL: https://osiris.valthost.com/index.php

Amerion · Post by **Amerion** » Fri Apr 29, 2016 9:18 am

Chapter VI - Alteration of the Constitution

The Constitution of the Osiris Fraternal Order shall not be altered except in the following manner:

The proposed law for the alteration thereof must be passed by an absolute majority of the Council of Scribes.
No alteration diminishing the proportionate powers of in either the Council of Scribes, the Palace of the Viziers, or the Pschent, or increasing, diminishing, or otherwise altering the limits of the Order, or in any manner affecting the provisions of the Constitution in relation thereto, shall become law unless the majority of the electors voting approve the proposed law.

Amerion · Post by **Amerion** » Fri Apr 29, 2016 9:27 am

The End

Transdavisia · Post by **Transdavisia** » Fri Apr 29, 2016 8:35 pm

omg 10/10 would recommend

No, but seriously- do you think the Pharoah should be able to choose different types of Viziers to fill his cabinet? I would like to keep the Vizier of MA, Vizier of Justice, and Vizier of Security permanent, and leave the rest up to the Pharoah do decide.