User:Eluvatar/Constitution

Preamble:

We the nations of Taijitu, seeking the revival of our region, agree to this new Constitution, to establish a republic to uphold and promote our founding principles of freedom and democratic governance and restore our collective prosperity.

Article 1: Citizens

Section 1: Obtaining Citizenship

1. Any person possessing a resident nation in the region of Taijitu and a World Assembly nation may apply for citizenship by providing the names of both nations.
2. Any application for citizenship may be denied by the Delegate or an appropriate minister for any reason.
3. If an application for citizenship is denied, the reasons for the denial will be presented to the Senate.
4. The Senate may override any denials and approve the denied application by a majority vote.
5. Any citizen may at any time change their resident or World Assembly nation if they notify the Delegate or an appropriate minister of the change.

Section 2: Rights

1. All citizens may access the Regional Forums to the extent necessary to exercise their other rights.
2. No citizen may be ejected from Taijitu or have their access to the Regional Forums limited without being charged with a criminal offense.
3. All citizens will be guaranteed access to the Court and a swift, fair and public trial if accused of a crime.
4. All citizens will be guaranteed the right to an attorney.
5. No citizen may be compelled to bear witness against themselves.
6. All citizens will have the privilege of participation in Taijitu Role Play unless it is abused.
7. All citizens will be guaranteed the right to freedom of political speech.
8. All citizens will be guaranteed the right to freedom of association.
9. All citizens will be guaranteed the right to participate in any election or referendum.
10. Any citizen who has registered on the Regional Forums may run for and hold public office.
11. All citizens will be guaranteed equal protection under the laws and Constitution of Taijitu.
12. No citizen will be considered necessarily deprived of any rights not enumerated here.

Section 3: Responsibilities

1. All citizens will abide by the policies of the Regional Forums and the rules of Nationstates.
2. Personal attacks on any person other than the Delegate, ministers, senators and justices will not be considered political speech.

Section 4: Petitions

1. Any citizen may create a petition to enact, amend or repeal a law or recall an elected official from office.
2. Any citizen may sign such a petition.
3. If a quarter of the number of voters who voted in the last election or valid referendum sign the petition, a referendum will be held.
4. If the referendum succeeds, the petition will become law or the elected official in question will be removed from office.

Section 5: Loss of Citizenship

1. Any person whose World Assembly nation ceases to be a World Assembly nation or ceases to exist, whose resident nation voluntarily leaves Taijitu or ceases to exist, who changes their resident or World Assembly nation without notifying the Delegate or appropriate minister, or who fails to abide by their responsibilities will forfeit their citizenship.
2. Any citizen whose citizen nation continues to reside in Taijitu and whose World Assembly nation continues to be in the World Assembly may not lose their citizenship except by order of a criminal sentence issued by the Court.

Article 2: The Senate

Section 1: Powers and Limitations

1. The Senate may enact, amend, or repeal laws by a majority vote.
2. The Senate may override a legislative veto of the Delegate by a two-thirds majority vote.
3. The Senate may confirm all treaties negotiated by the Delegate by a two-thirds majority vote.
4. The Senate may not enact any law which declares a person guilty of a criminal offense.
5. The Senate may not enact any law retroactively.

Section 2: Structure and Procedures

1. The Senate will be composed of a number of senators.
2. The number of senators will be seven unless determined otherwise by law.
3. The results of any vote taken in the Senate will be valid only if a majority of the Senate's membership participates.
4. The Senate will elect a Speaker to administer the affairs of the Senate.
5. The Senate will determine its own procedures.
6. In cases of ambiguity or where no procedures exist, the Speaker will use their own discretion.

Section 3: Election

1. The Senate will be elected once every seven weeks.
2. All senators will be elected at large by the single transferable vote.
3. Vacancies occurring between elections will be filled by recounting the ballots of the last election as if the absent senator were not running.

Section 4: Immunities

1. No senator may have their access to the Senate restricted without the consent of the Senate.

Article 3: The Delegate

Section 1: Powers and Limitations

1. The Delegate will be responsible for upholding and enforcing the law and Constitution.
2. The Delegate will be the Commander in Chief of the armed forces.
3. The Delegate's power to wage war may be regulated by law.
4. The Delegate may negotiate treaties with foreign powers to be approved or rejected by the Senate.
5. The Delegate may veto any proposal to enact, amend or repeal a law passed by the Senate.
6. The Delegate will, when the World Assembly Delegate of Taijitu, have access to regional controls.

Section 2: The Cabinet

1. The Delegate will appoint a Cabinet of ministers to assist them in their duties.
2. The Delegate may remove any minister.
3. The Senate may remove any minister by a majority vote.
4. A Minister removed by the Senate may not be reappointed as a minister for the remainder of the present administration.
5. The ministries of the Cabinet may be regulated by law.

Section 3: Election

1. The Delegate will be elected once every seven weeks.
2. The Delegate will be elected by an instant runoff vote.

Section 4: Impeachment

1. The Senate may impeach the Delegate by a majority vote.
2. If the Senate impeaches the Delegate, a referendum on removing the Delegate will be held.
3. If the referendum succeeds, the Delegate will be removed from office.

Section 5: Continuity of Government

1. Any person running for the office of Delegate will publicly choose a candidate for Vice Delegate.
2. If the person running for the office of Delegate is elected, their choice of candidate will assume the office of Vice Delegate.
3. If the Delegate is absent, removed prematurely or unable to perform their duties, the Vice Delegate will assume the office of Delegate.
4. Further offices in the line of succession for the office of Delegate may be defined by law.

Article 4: The Court

Section 1: Powers and Limitations

1. The Court will try criminal cases under the law and civil cases between citizens.
2. The Court will arbitrate disputes relevant to Taijitu between any citizens seeking arbitration.
3. The Court's power to try civil cases and arbitrate disputes may be regulated by law.
4. If a suit on the matter is brought, the Court may rule on the legality or constitutionality of a law or government act and annul any laws or acts deemed unlawful or unconstitutional.
5. If an ambiguity in the Law or Constitution arises, the Court will be responsible for its resolution.
6. The Court will administer all elections and referendums.
7. Justices may not try cases in which they have any personal involvement.

Section 2: Structure and Procedures

1. The Court will be composed of a Chief Justice and a number of associate justices.
2. The number of associate justices will be two unless determined otherwise by law.
3. The Chief Justice will administer the affairs of the Court
4. The procedures of the Court will be determined by law.
5. In cases of ambiguity or where no procedures exist, the Chief Justice will use their discretion.

Section 3: Appointment

1. The Delegate may nominate an associate justice if there is a vacancy on the Court.
2. If there is no Chief Justice, the Delegate will nominate an associate justice as Chief Justice.
3. All nominees will require a two-thirds majority vote of approval from the Senate to be appointed.
4. Justices will serve terms of fourteen weeks.
5. Justices' terms will be staggered as evenly as possibly by increments of seven weeks.
6. Justices' terms may be reduced when necessary to accommodate their staggering.

Section 4: Removal

1. The Senate may remove any justice from the Court by a two-thirds majority vote.

Article 5: Amendments

Section 1: Proposal

1. The Senate may propose an amendment to this constitution by a two-thirds majority vote.
2. A petition to amend this constitution may be submitted to the Senate in the same fashion that a petition would be be brought to a referendum.
3. The Senate may approve any petition for an amendment by a two-thirds majority vote.

Section 2: Ratification

1. If the Senate proposes an amendment or approves a petition to amend this constitution, a referendum will be held.
2. If the referendum succeeds, this constitution will be amended.

Article 6: General Provisions

Section 1: Constitutional Superiority

1. This constitution will be the supreme law of Taijitu and no other law may contradict its provisions.

Section 2: Separation of Powers

1. The Senate will constitute the leadership of the Legislative Branch.
2. The Delegate and Cabinet will constitute the leadership of the Executive Branch.
3. The Court will constitute the leadership of the Judicial Branch.
4. No person may serve in the leadership of more than one branch of the government simultaneously.

Section 3: Referendums

1. A referendum will be valid if a number of voters equal to at least half the number of voters in the last election or valid referendum participate.
2. A referendum to recall the Delegate or Vice Delegate will succeed if it is valid and a two thirds majority of those voting approve of the measure.
3. A referendum to recall a Senator will succeed if it is valid and fewer voters object than were necessary to elect them.
4. All other referendums will succeed if it is valid and a majority of those voting approve of the measure.

Section 4: Oaths of Office

1. All persons will take an oath of office when assuming any government office.
2. No person will be considered to hold any government office until they have taken such an oath.
3. The content of these oaths may be determined by law.

Section 5: Resignations

1. Any person may resign at any time from any government office they hold.