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Nimbys wrote:To make it clear, there is no conflict, at all. The Council provides non-binding advice to the Parliament on whether a bill is clearly unconstitutional or not. Note the word non-binding, Parliament can still pass the bill, and the courts can then decide.

As explained earlier this is solely for the purposes of advising parliamentarians if edits need to be made before the bill is passed. Indeed the whole purpose of the Council is to avoid the previous circumstance of conflicting and contradictory law, where it is simple and obvious to see.

Put simply, the council are there to error-check, give their personal opinions, and effectively proof read it for constitutionality. They provide advice, and will never be blamed if the court later finds the bill unconstitutional.

As per Article V, only the Chief Justice retains the power to legally (bindingly) rule in court on its constitutionality, following established court conventions. The Council of State merely advise Parliament if they spot any clear constitutional violations, so they can be amended and thus avoid unnecessary contradictions or court cases.

Thanks for your comments, these will be considered of course. It should be noted that the only bills actively being repealed (I.e. Section 1 of the bill) are now deemed unnecessary due to the circumstances and/or the new constitution. They no longer serve a purpose and solely clutter the lawbook.

The S.B.s mentioned in Section 2 are not yet being repealed, and this act only commits the parliament to work to do so, and to repeal all current SBs as part of our transition to the new system. No acts are actively being repealed under Section 2.. Also the Parliament is not forced to replace any bills, and can indeed repeal a bill with no substitute and then implement a substitute at a later date if it wishes.

Personally, I am of the opinion that the Senate Bills no longer hold any legal merit anyway, as they comply with a completely different constitution, and must now be seen to be unconstitutional. Therefore I implore you all to pass this Bill so we can begin to restructure the region, move past this transition and build a brighter future.

It is also worth noting that as far as I am aware there is no Red Standard MP, and the seat remains vacant.

I do encourage all MPs to raise their views. If you wish for the Centre Party to amend the bill before the voting period, please provide details of requested amendments immediately. These proposals will be seriously considered if given in due time. I too hope we can work between parties, though I do implore you all to vote for this bill

All the best,
The Rt Hon Nimbys MP,
Deputy Prime Minister of the Union of Allied States
Secretary of State for Constitutional and Legislative Affairs

After another consideration. I will support the bill, I will tell our members to support the bill.

Regarding your statement of Senate Bills no longer hold any legal merit, the current constitution in Article VII, Section 3 only states previous Constitutions not laws. It will very dangerous to say that there is any law active right now in the region. Again if you want to Court and have the Court decide you are free to do so but I will be asking for an opportunity to testified in Court explaining why not having any active law is wrong and dangerous.

Leria and Nimbys

Elmito wrote:After another consideration. I will support the bill, I will tell our members to support the bill.

Regarding your statement of Senate Bills no longer hold any legal merit, the current constitution in Article VII, Section 3 only states previous Constitutions not laws. It will very dangerous to say that there is any law active right now in the region. Again if you want to Court and have the Court decide you are free to do so but I will be asking for an opportunity to testified in Court explaining why not having any active law is wrong and dangerous.

I do agree it is dangerous, and I wouldn't bother with the Court and just repeal them anyway as the need arrives, for the purposes you've already described. Due to the constitutional changes however, it is likely some if not all of the Senate Bills are now unconstitutional. So in a criminal case a citizen would be well within their rights to question to the court if the criminal code even still applies at present, or the same question in relation to other laws. Therefore I implore all members to work with us in speedily rebuilding the lawbook, and in so doing protecting the region.

Nimbys wrote:Chief Justice Zetox,

Whilst the other members of the Council deem the bill in its current state constitutional, I do respect your personal perspective not to comment. However as this is contrary to the constitutional role of the Chief Justice as a statutory member of the Council of State, I will be recommending that Leria consults with the Kaiser South Waterford on the roles attributed to the Chief Justice, and your current position.

The role of the Council is not to provide a legally binding final answer to constitutionality, but to protect against obvious unspotted irregularities by having senior long-serving nations (who may not be MPs) read the bills presented to them. They then provide suggested amendments if they think it is unconstitutional or close to being unconstitutional, which can then be implemented by MPs. Effectively, they are there to error check and prevent the circumstances we had before of several contradictory bills and even contradictions in the constitution.

I am not asking for a definite or final legal position, your role as a Councillor of State is merely to confirm you cannot see anything that infringes upon constitutional rights, or would otherwise stand contrary to the constitution. This is because it is far easier to amend if errors are spotted now, than when the bill is already statute law. If you confirm that this bill appears constitutional, that is not a final position (and a later court case could prove it unconstitutional anyway), but confirms you cannot see any major constitutional errors that will end up with useless and unneeded court cases as a result. That is now ex officio part of the job of the Chief Justice, and sadly in life we cannot pick and choose which parts of our jobs we like.

All the best and I look forward to discussing this with you further, before the Parliamentary Procedures Act (which will regulate this further and provide a permanent framework).

The Rt Hon Nimbys MP,
Deputy Prime Minister of the Union of Allied States
Secretary of State for Constitutional and Legislative Affairs

Deputy Prime Minister Nimbys,

The Chief Justice welcome any conversation that Prime Minister Leria want to have to our great Kaiser [nation]South Waterford regarding the role the Chief Justice in these matter. The Chief Justice will like to be part of those conversation as well if they are developed.

The Chief Justice fully understand the role of the Council but as Chief Justice one need to tread carefully because all matter can end up in The Great Gazoo's Court.

/S/
The Great Gazoo of Zetox
Chief Justice

AN ANNOUNCEMENT FROM THE SUPREME COURT!

The Court received the oath of office of the following officials:
Member of Parliament Highlock
Member of Parliament Elmito

With the oath presented to the Supreme Court, both Members of Parliament has complied with Decree Law #12.

/S/
The Great Gazoo of Zetox
Chief Justice

Post self-deleted by Leria.

MP's: Leria, Nimbys, New shizal, Staine, American Thanelaw, United regions of israel, North americas1, La summa malitia, Highlock, Elmito, Merlita, Cappedore, Greater fireland

Honourable members of Parliament,

Above is the first draft of the Civil & Foreign Defence Bill, the Right Honourable Speaker, Cappedore, is notified of the bill's tabling, any proposed amendments shall be made clear during the 48 hours the bill is floored.

May I also remind MP's of the Order Paper of the coming bills and votes in the house.

  1. 1st May-3rd May, Transition Bill debating period,

  2. 3rd May-4th May, Transition Bill voting period,

  3. 3rd May-5th May, Civil & Foreign Defense Bill debating period,

  4. 5th May-6th May, Civil & Foreign Defense Bill voting period.

In future may I request the Right Honorable Speaker, Cappedore, publish a daily Order Paper to keep parliament running smoothly.

Thank you,
-Leria
Prime Minister of the Union of Allied States

Staine

MPs Leria, Nimbys, New shizal, Staine, American Thanelaw, United regions of israel, North americas1, La summa malitia, Highlock, Elmito, Merlita, Greater fireland

OFFICIAL ANNOUNCEMENT

I hereby confirm the tabling of Civil & Foreign Defence Bill, which is now tabled for debate between the dates of Monday 3rd and Wednesday 5th of May, 2021.

I shall also publish an order paper where necessary

/S/
Prime Minister Tony Blair, Cappedore
Speaker of Parliament

Leria and Staine

Post self-deleted by Nimbys.

Transition Bill 2021

Author: The Rt Hon Leria MP, Prime Minister of the UAS
Presented By: The Rt Hon Nimbys MP, Deputy Prime Minister of the UAS

An Act to ensure a smooth transition from to the Parliamentary model of government, repealing former laws of the Imperial Union of Allied States no longer required within the new system.

Be it enacted by the Kaiser's most Excellent Majesty, by and with the consent of the Council of State and the Commons, in this present Parliament assembled, and by the authority of the same, as follows.

1. Repealed bills & resolutions

  1. This act shall hereby repeal S.B.04, due to the line of succession being deemed unnecessary due to the changes in the constitution.

  2. This act shall hereby repeal S.B.20, due to the revision of the naming of laws in the Constitution.

  3. This act shall hereby repeal S.B.22, due to the unnecessary nature of this law.

  4. This act shall hereby repeal S.B.28, due to the line of succession being deemed unnecessary due to the changes in the constitution.

  5. This act shall hereby repeal S.R.1, due to the lack of use in the office of integration.

  6. This act shall hereby repeal S.B.6, due to Article II of the Constitution

2. Extent, commencement and short title

  1. This Act applies to the entire jurisdiction of the Union of Allied States.

  2. All references to external laws, sources or the Constitution are exclusively relevant to the Union of Allied States and its texts as existent on the 1st May 2021.

  3. This Act comes into force immediately upon receiving Imperial Assent.

  4. This Act may be cited as the 'Transition Act 2021' upon receiving assent. It may further be cited as '2021 c. 1'

Prospective Parliamentary Resolution 01/2021 - Streamlining of Regional Law

A resolution to ensure a smooth transition from to the Parliamentary model of government, committing the Parliament to establish various acts in the interest of such reform

May it please the Kaiser's most Excellent Majesty, by and with the consent of the Commons, in this present Parliament assembled, and by the authority of the same, as follows.

1. Planned Legislative Changes

  1. This Parliament makes clear its intention and responsibility to enact a “Parliamentary Procedures Act” as soon as possible, no later than the end of May 2021. The act shall enact rules & procedures alike to S.B.1 & S.B.18. Further, it shall establish regulations for the formatting of Acts and set the date of the Speaker Election.

  2. This Parliament makes clear its intention and responsibility to enact a “Criminal Law Act” to ensure the region’s criminal law, punishments and proceedings are easily known through a singular act. That act shall combine provisions from S.B.5, S.B.15, S.B.24, S.B.30 & S.B.31, and shall repeal all 5 mentioned bills. The “Criminal Law Act” should seek approval from the Chief Justice during the debating period. If no approval is received, the Kaiser and Viceroy must both give their explicit consent for the law.

  3. This Parliament makes clear its intention and responsibility to enact a “Civil & Foreign Defence Act” to combine provisions from S.B.3 and S.B.16, to establish a regional Secret Service & to establish a regional defence force.

  4. The names of prospective bills mentioned within Section 1 may be subject to change during the writing or debate stages, and are not binding at this time.

  5. This Parliament shall call on it’s membership, at a later date, to repeal all remaining Senate Bills and replace them with satisfactory Union Acts. These are to be in line with the recent constitutional changes.

2. Extent, commencement and short title

  1. This resolution applies to the entire jurisdiction of the Union of Allied States, though affects only the Imperial Parliament.

  2. All references to external laws, sources or the Constitution are exclusively relevant to the Union of Allied States and its texts as existent on the 1st May 2021.

  3. This resolution is approved immediately upon receiving Imperial Assent.

  4. This resolution may be cited as 'Resolution 01/2021' or "Streamlining of Regional Law Resolution 2021" upon receiving assent. It may further be cited as '2021 r. 1'

Leria, Nimbys, New shizal, Staine, American Thanelaw, United regions of israel, North americas1, La summa malitia, Highlock, Elmito, Merlita, Cappedore, Greater fireland

Honourable Members of Parliament,

Above is the final draft of the Transition Bill soon to be put to vote. Due to formatting incompatibilities with the upcoming Parliamentary Procedures Bill, the original draft has now been separated into a Bill and a prospective Resolution.
As the difference (beyond planned changes anyway) is solely in formatting, unless there is any objection I move that the Bill and Resolution be put to the vote together as one bundled motion, as initially planned.
Upon the successful passage of these two motions, the Parliamentary Procedures Bill will be tabled in the coming days, establishing a permanent framework for our Parliament.

Thank you,
Nimbys
Deputy Prime Minister of the Union of Allied States

Greater fireland

Nimbys wrote:

This Act may be cited as the 'Transition Act 2021' upon receiving assent. It may further be cited as '2021 c. 1'

Nimbys wrote:

This resolution may be cited as 'Resolution 01/2021' or "Streamlining of Regional Law Resolution 2021" upon receiving assent. It may further be cited as '2021 r. 1'

I like the acts and I plan to vote for them, however I think when titling legislation we should stick to how its laid out in Article 3, Sections 4, 5, and 6 of our Constitution.

American Thanelaw wrote:I like the acts and I plan to vote for them, however I think when titling legislation we should stick to how its laid out in Article 3, Sections 4, 5, and 6 of our Constitution.

Well, don't worry. I am actually working on this right now, and plan to propose an amendment to fix this, remove the Council of State and simplify some elements of the Constitution. It can be difficult to propose a whole new system of governance, and sometimes we have to see how things work in practice to be able to reform them. I hope this will be the final amendment for a substantial period of time, but now we know where the flaws are, they can be sorted.

With thanks,
Nimbys
Deputy Prime Minister

Nimbys wrote:Well, don't worry. I am actually working on this right now, and plan to propose an amendment to fix this, remove the Council of State and simplify some elements of the Constitution. It can be difficult to propose a whole new system of governance, and sometimes we have to see how things work in practice to be able to reform them. I hope this will be the final amendment for a substantial period of time, but now we know where the flaws are, they can be sorted.

With thanks,
Nimbys
Deputy Prime Minister

So you're changing the constitution to make this proposed legislation correct instead of proposing the legislation in the correct way the Constitution calls for in the first place?

American Thanelaw wrote:So you're changing the constitution to make this proposed legislation correct instead of proposing the legislation in the correct way the Constitution calls for in the first place?

Well, yes. I think the manner set out in the constitution is confusing, as many bills proposed never pass. So under the Senate, we often had massive gaps between SB numbers. The new system - moving away from numbers - simplifies that, and gives legislation effective titles that can be understood easily. The new system also supports a key element of the upcoming Procedural Bill - the ability to amend previous law by a resolution - rather than creating more and more acts to clutter the lawbook. Having such stringent terms on how to number the bills in the constitution is too limiting to Parliament, and fixates it into a system that may not be ideal. Moving these powers into a Procedural Bill allows them to be modified in a far easier way, and thus making them more adaptable to the needs of the region.

Not to mention the fact the amendment is already needed to remove the Council of State. The Council was a good idea in principle, but in reality for the reasons Zetox has mentioned, is problematic. Plus, though I don't believe there is a major contradiction between Article III Section 10 and Article V Section 2, the fact citizens have already mentioned a potential one is problematic. Law needs to be simple and understandable, so it is my belief that even if no contradiction exists, the law needs editing to clarify the correct procedure. In my view, the Council is in essence redundant and ought to be abolished.

Finally, the Constitution can finally be simplified by the removal of Article VII, as it is now entirely redundant as the Constitution is already ratified and in force in the Union.

I hope this explains why these actions are being considered, there will be more discussion in due course, I'm sure.

All the best,
Nimbys,
Deputy Prime Minister of the Union of Allied States
Secretary of State for Constitutional and Legislative Affairs

Nimbys wrote:Well, yes. I think the manner set out in the constitution is confusing, as many bills proposed never pass. So under the Senate, we often had massive gaps between SB numbers. The new system - moving away from numbers - simplifies that, and gives legislation effective titles that can be understood easily. The new system also supports a key element of the upcoming Procedural Bill - the ability to amend previous law by a resolution - rather than creating more and more acts to clutter the lawbook. Having such stringent terms on how to number the bills in the constitution is too limiting to Parliament, and fixates it into a system that may not be ideal. Moving these powers into a Procedural Bill allows them to be modified in a far easier way, and thus making them more adaptable to the needs of the region.

What makes it confusing is changing the entire layout of our legislation to the point it no longer complies with what the constitution calls for. The previous method we used did comply and personally I saw no reason to change it.

Gaps in numbers is easily fixed, for example an Act is tabled and then you write an Act and number it after that previous tabled Act. The first act does not pass, now upon presenting a final draft of your act before the vote, much like you have done today, you simply change the number of the act to the previous one that did not pass.

I'm fine with having resolutions to amend acts, but will resolutions not be posted in the lawbook too? I'm pretty sure they will be so I just don't really see the cluttered argument.

Completely understand removing the Council and removing Article VII.

Post self-deleted by Nimbys.

American Thanelaw wrote:What makes it confusing is changing the entire layout of our legislation to the point it no longer complies with what the constitution calls for. The previous method we used did comply and personally I saw no reason to change it.

Gaps in numbers is easily fixed, for example an Act is tabled and then you write an Act and number it after that previous tabled Act. The first act does not pass, now upon presenting a final draft of your act before the vote, much like you have done today, you simply change the number of the act to the previous one that did not pass.

I'm fine with having resolutions to amend acts, but will resolutions not be posted in the lawbook too? I'm pretty sure they will be so I just don't really see the cluttered argument.

Completely understand removing the Council and removing Article VII.

Unfortunately your rather sensible response to numbering is not what the present constitution calls for either... Presently all state "where # represents the amendment in the order that it was proposed". Proposed, not passed.

Therefore the new system would move away from numbering to avoid unnecessary confusion, with the exception of Constitutional Amendments (which will remain numbered as there are few of them). The only numbers allotted to other "ordinary" legislation will be referenced in the formats below:

2021 c. 1 - means the act gained assent in 2021, and c.1 means chapter 1 - ie the first act that gained assent in 2021.
2021 c. 2 - means the second act gaining assent in 2021 etc

2021 r. 1 - means the first resolution gaining assent in 2021

However aside from legal cases and circumstances where many acts or resolutions need to be referred to quickly, I doubt these shorthands will be used often. It is far simpler to refer to the act as "short name Act 2021", and that is commonplace in most parliamentary systems.
The current system is a weird half-complete mess between the constitutional requirement for a procedural act, and the stringent (and unnecessary) numbering system set out in the constitution.

Ordinarily I wouldn't have had any worries about this, but as an amendment is required anyway, in my view it makes sense to simplify and sort this all at once.

Resolutions are likely to be in the lawbook, yes, though they are deliberately distinct from acts as they are temporary measures to change, amend or affect something in the immediate sense, where acts are the permanent law as it currently is. It is likely many resolutions will either expire when they have achieved their requirements through self-set terms, or be removed from the lawbook by other acts or resolutions when they are no longer relevant.
As most resolutions will have self-set terms of when they are no longer valid or no longer relevant, I don't see much chance of them cluttering the lawbook. After all, once the amendments to "abc Act 2021" ordered under the "Amendment to "abc Act 2021" Resolution 2021" are made to the act itself, the resolution is no longer necessary and can be removed from the lawbook.

It is likely though, that "removed" resolutions will be archived in a separate section of the lawbook for future reference, rather than total deletion.

Hope this clarifies things,

Nimbys
Deputy Prime Minister of the Union of Allied States
Secretary of State for Constitutional and Legislative Affairs

Nimbys wrote:Unfortunately your rather sensible response to numbering is not what the present constitution calls for either... Presently all state "where # represents the amendment in the order that it was proposed". Proposed, not passed.

Therefore the new system would move away from numbering to avoid unnecessary confusion, with the exception of Constitutional Amendments (which will remain numbered as there are few of them). The only numbers allotted to other "ordinary" legislation will be referenced in the formats below:

2021 c. 1 - means the act gained assent in 2021, and c.1 means chapter 1 - ie the first act that gained assent in 2021.
2021 c. 2 - means the second act gaining assent in 2021 etc

2021 r. 1 - means the first resolution gaining assent in 2021

However aside from legal cases and circumstances where many acts or resolutions need to be referred to quickly, I doubt these shorthands will be used often. It is far simpler to refer to the act as "short name Act 2021", and that is commonplace in most parliamentary systems.
The current system is a weird half-complete mess between the constitutional requirement for a procedural act, and the stringent (and unnecessary) numbering system set out in the constitution.

Ordinarily I wouldn't have had any worries about this, but as an amendment is required anyway, in my view it makes sense to simplify and sort this all at once.

Resolutions are likely to be in the lawbook, yes, though they are deliberately distinct from acts as they are temporary measures to change, amend or affect something in the immediate sense, where acts are the permanent law as it currently is. It is likely many resolutions will either expire when they have achieved their requirements through self-set terms, or be removed from the lawbook by other acts or resolutions when they are no longer relevant.
As most resolutions will have self-set terms of when they are no longer valid or no longer relevant, I don't see much chance of them cluttering the lawbook. After all, once the amendments to "abc Act 2021" ordered under the "Amendment to "abc Act 2021" Resolution 2021" are made to the act itself, the resolution is no longer necessary and can be removed from the lawbook.

It is likely though, that "removed" resolutions will be archived in a separate section of the lawbook for future reference, rather than total deletion.

Hope this clarifies things,

Nimbys
Deputy Prime Minister of the Union of Allied States
Secretary of State for Constitutional and Legislative Affairs

Don't you think it would be better to have this amendment pass before we start using this new method though?
Proposed legislations should adhere to the methods set out in the constitution at the current time of proposing said legislations, that is my only point in all of this.

American Thanelaw wrote:Don't you think it would be better to have this amendment pass before we start using this new method though?
Proposed legislations should adhere to the methods set out in the constitution at the current time of proposing said legislations, that is my only point in all of this.

Fair point, this will be discussed in Cabinet as soon as possible. It is possible to write law under the current system and amend later, but may be easier to pass the CA first.

Nimbys
Deputy Prime Minister of the Union of Allied States
Secretary of State for Constitutional and Legislative Affairs

I am glad to see other nations stating the new complete overhaul of the Constitution wasnt needed and sad to see that a Constitution that is not even a month old is probably have to get amended for doing thing rush and trying to fix something that was broken

C.A.A 1 - Constitutional Maintenance

Authored and presented by The Free Land of American Thanelaw

An Amendment to the Constitution of the Imperial Union of Allied States to fine tune the new government system, and fix mistakes within the text of the Constitution.

Be it enacted by the Kaiser's most Excellent Majesty, in this present Parliament assembled, and by the authority of the same, as follows;

1. MINOR CHANGES TO THE CONSTITUTION

  1. Article 1 Section 6(CUAS.I.6.)

    1. After "majority of votes cast via a " delete "Union Resolution Act" and insert "lawful parliamentary motion"

  2. Article 1 Section 8 (CUAS.I.8.)

    1. Replace with "Section 8. The Kaiser shall have the authority to sign or veto legislation passed by Parliament. Upon the Kaiser's signature, passed legislation shall become law. With the exception of vetos on Constitutional Amendments, to overturn a veto Parliament must pass a lawful motion gaining at least a ⅔ majority of votes passed. To overturn a veto on a Constitutional Amendment, Parliament must pass a lawful motion gaining at least a ⅘ majority of votes passed."

  3. Article 1 Section 9(CUAS.I.9.)

    1. After "Martial Law" change the comma to a period, and capitalize "during"

  4. Article 2 Section 2(CUAS.II.2.)

    1. After "region for 3 consecutive days and" insert "is a"

  5. Article 2 Sections 3, 4, 8, and 13(CUAS.II.3,CUAS.II.4,CUAS.II.8,CUAS.II.13.)

    1. Remove "shall be protected" from each of these sections.

  6. Article 2 Section 16(CUAS.II.16.)

    1. After "A referendum must pass by over ½ of votes cast." delete "Constitutional Amendment Acts cannot be passed by referendum" and insert "The constitution cannot be amended by referendums"

  7. Article 3 Section 6(CUAS.III.6)

    1. Remove "Union Resolution Acts." from the very beginning of this section.

  8. Article 5 Section 2(CUAS.V.2.)

    1. Break down Section 2 into the following;
      Section 2. The Chief Justice of the Supreme Court shall be appointed by the Kaiser.
      Section 3. The Chief Justice shall adopt rules for Supreme Court proceedings appropriate by law.
      Section 4. The Chief Justice shall rule on all criminal cases and has the sole authority to declare any bill or law unconstitutional.
      Section 5. The Chief Justice shall be granted Communications and Border Control authority.

    2. Renumber Article 5 Section 3 to Article 5 Section 6

  9. Article 6 Section 1(CUAS.VI.1)

    1. Replace with "Section 1. Parliament shall have the sole power to pass Constitutional Amendments. Such an amendment must be passed with a ⅔ majority of votes cast."

2. RENAMING OF LEGISLATION

  1. Renaming of "Constitutional Amendment Act" to "Constitutional Amendment." Remove any instance of the word "Act" or "Acts" following Constitutional Amendment, including abbreviations.

  2. Renaming of "Union Resolution Act" to "Union Resolution." Remove any instance of the word "Act" or "Acts" following Union Resolution, including abbreviations.

3. DISSOLUTION OF THE COUNCIL OF STATE

  1. Article 3 Section 10(CUAS.III.10.)

    1. Remove Article 3 Section 10 in its entirety.

    2. Renumber Article 3 Section 11 to Article 3 Section 10.

    3. Renumber Article 3 Section 12 to Article 3 Section 11.

  2. Article 5 Section 3(CUAS.V.3.)(Renumbered to Article 5 Section 6 above)

    1. Replace with "Section 3. The Chief Justice shall be prohibited from joining a political party or voting in any regional matter and is prohibited from being a member of Parliament, or the Cabinet."

4. EXTENT, COMMENCEMENT AND SHORT TITLE

  1. This Amendment applies to the Constitution of the Imperial Union of Allied States.

  2. All references to external laws, sources or the Constitution are exclusively relevant to the Union of Allied States and its texts as existent on the 5th May 2021.

  3. This act comes into force immediately upon receiving Imperial Assent.

  4. This act may be cited as the "Constitutional Maintenance Amendment Act" upon receiving assent. It may further be cited as "C.A.A 1"

North americas1, La summa malitia, Highlock, Elmito, Merlita, Greater fireland

Members of Parliament,

I don't think we should stop just because a few people have left us.

I don't know if I'm still considered a Member of Parliament, as the party that sponsored me as an independent and offered me a seat has dissolved, but above is an Amendment I have been working on.

I don't know if the current Constitution will continue to be used, but if it will, it is filled with issues that this Amendment aims to fix.

In writing the Amendment, I followed the format that was being used by the Centre party, while editing it to also abide by the Constitution. I do like this format, as its not very different from our last.

If I am no longer a MP, then I apologize for posting here and would hope to see a MP sponsor this Amendment.

- The Free Land of American Thanelaw

American Thanelaw, I will like to begin that your amendments are well thought and upon my quick review, I think are more than merit. Said that, I think you are no longer Member of Parliament because you were member of party of the previous administration and that party have ceased to existed.

Said that, I think we should considered in bring back the previous constitution (the one that the current constitution repealed) because it was working, it was fairer and if that constitution was still active, you will still have been part of the legislature branch.

So I will like to present a motion of this legislature to adopt the previous constitution and repeal this horrible one that we current have, that was imposed by a group of nations that left despite controlling the whole government. I am still proud to have voted against this constitution because it was very bad constitution.

With that said, South Waterford, United Osean Federation, Highlock, La summa malitia or Zetox have copy of the previous constitution?

Elmito

Here is one from 2 years ago. It worked good.

Consitiution of the Union of Allied States

ACTING as Independent sovereign nations, representing hundreds of millions of our citizens and the desire thereof to associate ourselves together as a regional power, pulling our common interests together, while remaining independent nations do hereby declare in one voice this our Third Constitution of our region named the UNION OF ALLIED STATES.

WE, the UNION OF ALLIED STATES, by being a SOVEREIGN ENTITY, FIRMLY HOLD that PEOPLE, WHO ARE the primary reason why governments exist and the ultimate RESERVE of power in the UNION (and ELSEWHERE) and are thus entitled to FREEDOM, EQUALITY, DIGNITY, JUSTICE and PRIVACY.

WE the UNION OF ALLIED STATES organize ourselves politically on a fully democratic basis established by this Constitution for the full functioning of this region and it shall be the SUPREME LAW of the UNION.

However, we acknowledge that alone people are VULNERABLE, not only to the violation of their own ENTITLEMENT but also temptation of VIOLATING SOMEONE ELSE'S RIGHTS. THEREIN comes the role of the GOVERNMENT, which should strive to completely understand the FINE LINE between one and one’s own rights and TRESPASSING into someone else's and grant JUSTICE.

THUS, in taking the role of protecting the NATION’S FREEDOM, the government essentially establishes A SOCIAL CONTRACT between the nation and their government UNITING them in bond of mutual loyalty.

THIS DOES NOT MEAN that we are endorsing BLIND ALLEGIANCE TO THE GOVERNMENT and completely agree that the people, being the ultimate seat of power, should be makers and breakers of government exercising control over its FORMATION, DISSOLUTION and FUNCTIONING.

Article I. Union of Allied States

The Union of Allied States is hereby constituted. Its power emanates from the Nations that reside inside the Union and shall be exercised in accordance with their will and desire. The government of the Union of Allied States shall be a republican form of Government as established by this Constitution.

Article II. Nations Fundamental Rights

The fundamental rights of all citizens in the UAS Constitution shall be henceforth elucidated upon:

Right to Equality: The right to equal treatment before a court of law for the purpose of administering a fair and impartial trial, as well as equal opportunity to pursue political, governmental, or social ambitions.

Right to Speech: The right to have one's voice heard on any matter publicly. This also guarantees the right to publicly request a redress of grievances from the government.

Right to Vote: The right to vote as one is naturally inclined without coercion in any election or any public referendum. This right can be legally suspended or revoked as a punitive measure through sentencing by a court of law.

Right to join or create Political parties and guilds: The right to form or join a political party, company, or other association of member nations which exists for a particular purpose or merely for recreation. Political parties must include 3 members, including the party founder. At least two of these must be WA members. Parties must register with the Secretary of the State Council upon meeting these requirements.

Right of Sovereignty: to operate their governments as independent nations: The UAS shall not discriminate against nations on the basis of government type or on how individual nations address their national issues.

Right to Justice: No Nation, (World Assembly or Non-World Assembly member) shall be deprived of his liberty without due process of law given by the Court of the Union. No Nation, (World Assembly or Non-World Assembly member) inside the Union and the regions which the Union has under its control shall be denied the equal protection of the laws. All nations (World Assembly or Non-World Assembly member) are equal before the law. In all prosecutions, the accused Nation (World Assembly or Non-World Assembly member) shall enjoy the right to have public trial, to be informed of the nature and cause of the accusation, and to be presumed innocent until proven guilty. No Nation (World Assembly or Non-World Assembly member) shall be twice put in jeopardy of punishment for the same offense.

Article III. Legislative Branch

Section 1. Regional Senate

1) The Senate shall have the sole authority to propose legislation. All legislation must pass with a 51% majority of members voting.

2) Each recognized political party shall appoint one Senator for every 2 party members belonging to the World Assembly. The manner of appointment shall be up to each political party.

3) The Senate shall conduct its sessions inside the UAS Government Board. No bill shall become a law unless it has been posted, debated, and voted publicly in the regional poll of the UAS Government Board.

4) The Senate can create any new elected offices and repeal such offices that were made by 51% of the vote.

5) The Senate shall adopt rules for its own proceedings appropriate by law. The rules must be approved by a 51% majority of members voting.

6) The Senate shall have the power to the power to impeach regional officers. Impeachments must pass by 60% of members voting.

7) The Senate can order the closure of any embassy with a 51% majority of members voting.

8) The Senate shall vote on all WA Legislation. The decision of the Senate, determined by 51% of members voting, shall determine the vote of the World Assembly Delegate on said legislation.

9) The Senate shall have the authority to propose amendments to the constitution. Constitutional Amendments must pass by a 60% majority of members voting.

10) The Senate has the authority to accept or reject Regional Mergers, Protectorates & Colonies via 60% of members voting.

11) All former Presidents and Chief Justices of the Union shall also receive a permanent Senate seat, provided that they served for at least 30 days, were not impeached, and are current residents of the Union.

Section 2. The State Council

1) The State Council shall be comprised of all World Assembly members who have resided in the region for 7 consecutive days.

2) The State Council must approve all impeachments passed by the Senate via a 51% majority of members voting.

3) The State Council must approve all constitutional amendments passed by the Senate via a 51% majority of members voting.

Article IV. Executive Branch

Section 1. Chairman of the State Council

1) The office of Chairman of the State Council shall be tied to the office of the founder, as executive he/she shares the powers of the President but shall defer many of those powers to the President.

2) The Chairman shall be viewed as a symbol of regional unity, and the symbolic head of state of the regional government and as such shall be prohibited from joining a political party.

3) The Chairman shall have the authority to legislate via decree laws. The State Council may strike down any decree law with 60% of members voting.

4) The Chairman has the full force and authority to declare Martial Law in the region in times of great danger, distress, and cases of invasion and may rule by decree until the emergency subsides.

5) The Chairman can impose a password lock to the Union of Allied of States when the public safety requires it in case of rebellion or invasion or imminent danger thereof. If so, the Senate may meet forthwith on their own initiative to revoke the proclamation no more than 48 hours of the proclamation having been announced, and this must be done via a 60% majority vote.

6) The Chairman has the sole authority to appoint the Commander in Chief of the Armed Forces of the region at his/her pleasure.

7) As the founder is a vassal nation of South Waterford, all proclamations from South Waterford shall be treated as the words of the founder. The founder as a name of its self, Unified Waterford shall not vote on any matters within the region.

8) The Chairman may recognize the runner up of elections of the largest minority party as Leader of the Opposition. This office shall not be considered as a government office.

9) The Chairman cannot vote in any legislative election polls. If and only if there is a tie, the Chairman shall cast the deciding vote.

10) The Chairman shall have the power to veto any bill passed by the Senate. A veto by the Chairman may only be overturned by a 60% majority of members voting in both the Senate and the State Council.

11) The Chairman has the sole power to veto a constitutional amendment approved by the State Council. The State Council may overturn an amendment veto with a 60% majority vote.

12) The Chairman shall have the power to suspend the execution of sentences in criminal cases and to grant pardons, commutations of punishment, and total or partial remissions of fines and forfeitures for crimes committed in violation of the laws of the Union of Allied States.

13) The Chairman shall have the sole power to impeach the Chief Justice of the Supreme Court.

14) The Chairman has the power to fill any vacancies in any office if the situation deems it necessary.

Section 2. The President, Vice President, and Executive Officers

1) The President shall be appointed by the State Council via a 51% majority

2) The President shall also be the World Assembly Delegate of the Union of Allied States.

3) The President shall hold office for the term of 60 days following the election. No term limit will be established.

4) No nation shall be President unless, on the date of the election, the nation has been resident of the Union of Allied of States for 21 consecutive days.

5) The President shall execute the laws and cause them to be executed and shall have the power to veto any bill passed by the Senate. The Veto must be announced by the President on the UAS Government Board. A presidential veto can be overturned by the Senate via a 60% majority of members voting. The Chairman may also overturn a Presidential veto. The President may not veto constitutional amendments.

6) The President may present bills to the Senate but cannot vote in the poll.

7) The President can impose a password lock to the Union of Allied of States when the public safety requires it in case of rebellion or invasion or imminent danger thereof. If so, the Senate shall meet forthwith on their own initiative to revoke the proclamation no more than 48 hours of the proclamation been announced and must do so with a 60% majority vote.

8) The President shall have the power to suspend the execution of sentences in criminal cases and to grant pardons, commutations of punishment, and total or partial remissions of fines and forfeitures for crimes committed in violation of the laws of the Union of Allied States. This power shall not extend to cases of impeachment of any officer, including the President.

9) The President shall exercise other powers and functions and discharge other duties assigned to him by this Constitution or by law.

10) For the purpose of exercising executive power, the President may create offices in the Executive Branch to assist him, such office shall only be valid during the Presidential term unless it is reauthorized. Any nation assigned to be part of the Executive Branch cannot be a member the Judicial branch at the same time.

11) The Vice President of the Union of Allied States shall be elected by the State Council by a 51% majority vote.

12) The Vice President is required to be a member of the World Assembly and has the right to call and conduct polling throughout the region. When a vacancy occurs in the office of the President, caused by inactivity, resignation, or removal, said office shall devolve upon to Vice President, who shall hold it for the rest of the term and until a new President has been elected.

13) Vacancies in the Vice-Presidency will be filled by appointment by the Senate.

Article V. Judicial Branch

1) The judicial power of the UAS shall be vested in the Chief Justice of the Supreme Court of the Union of Allied States.

2) The Chairman of the State Council shall appoint a Chief Justice, and the appointment confirmed by a simple majority of the Senate. The Chief Justice shall serve a life term.

3) The Chief Justice shall adopt rules for Supreme Court proceedings appropriate by law.

4) No law shall be held unconstitutional except by a decision by the Supreme Court.

5) The Chief Justice may not be impeached by the legislature. Only the Chairman has the power to impeach the Chief Justice.

Article VI. Vassal States

1) Vassal States, also known in game as puppet states, are welcome in the region. They are not permitted to vote in any poll within the region. Apart from the Allied States of Unified Waterford who has no voting rights and is a known vassal state of South Waterford, no vassal nation may hold an office in the region.

2) Vassal States must be declared within ONE (1) day of joining the region. Failure to do so will result in suspension of voting rights for a period no more than thirty (30) days of the original nations, along with banning and ejection of the concerned puppet nation.

3) The selection of main nation in the region lies upon the controller of the group of nations.

4) Should a nation be found guilty of using their vassal to vote on any regional matter, they shall be suspended from voting for a period of no more than Sixty (60) days for the first offense, the second offense if found guilty will result in ejection and banishment from the region.

5) Every Senator must send a vassal State to the UAS Government Board for the sole purpose of voting in the regional poll of the UAS Government Board. The vassal state must clearly identify the nation it represents in its title.

Article VII. Regional Mergers, Protectorates & Colonies

1) The Senate has the authority to accept or reject Regional Mergers, Protectorates & Colonies via a 60% majority of nations voting.

2) All negotiated mergers including those in which the officers of the former region will become and replace certain incumbent officers of this region must be approved by the Chairman, which in turn will issue a simple degree notifying the region. The officers will serve out the current governmental term no matter how soon the term began or how soon the term will end. At the end of the governmental term, the constitutional rules following elections will apply as such as before the merger.

3) The government of any region that submits to official protectorate must be approved by the Senate via a 60% majority of members voting. Such region shall accept the appointment of a Union of Allied States Resident Minister, the duties and power of that office will be established by law.

4) All Colonies will be allowed to elect a Resident Commissioner who will be allowed to propose and debate legislation but will be ineligible to vote on legislation or in elections. The Senate shall establish the criteria for the Resident Commissioner, its elections, duties and term by law.

Article VIII. Role Players Club

1) The UAS Role Players Club shall be the official role play region of the Union of Allied States.

2) The Role Players Club shall be guided by the sole authority of the Roleplay Coordinator.

3) The Roleplay Coordinator shall be appointed by the Chairman and shall serve a life term.

4) The Roleplay Coordinator shall be immune to impeachment by the legislature. Only the Chairman has the authority to impeach the Roleplay Coordinator.

5) All citizens are encouraged to join the Role Players Club, however, they must be granted approval by the Roleplay Coordinator to take part.

6) Vassal Nations may be moved into the Role Players Club at the discretion of the Roleplay Coordinator.

Article IX. Amendments to the Constitution

1) The Senate shall have the power to propose amendments to the Constitution.

2) Such Amendment must be passed in the Senate with 60 percent of members voting. Each proposed amendment shall be voted on separately.

3) All Amendments passed by the Senate must be approved by the State Council via a 51% majority.

3) Every proposed amendment shall specify the terms under which it shall take effect, and it shall become a part of this Constitution.

4) The section that the amendment altered will be struck in the Constitution but will not be removed from the document to preserve the original wording.

Article X. Transitory Provision

1) The previous Constitution and amendments will be repealed on the day this Constitution enters in effect.

2) When this Constitution goes into effect all laws not inconsistent therewith shall continue in full force until amended or repealed. The Supreme Court shall have the responsibility of determining which laws are to be rendered void.

3) All officers who are in office on the date this Constitution is approved shall continue to hold their offices and to perform the functions there were elected/or appointed for and will continue on their post until their successors are selected and qualify in accordance with this Constitution and laws enacted pursuant thereto.

Article XI. Ratification

This Constitution shall be presented to the State Council by the Chairman and must be passed by a 51% majority. This constitution shall go into effect 5 days upon approval.

Enacted March 11, 2019

HARMAN H. TEASEDALE
The Federal Military Republic of South Waterford
Chairman of the State Council

WILLIAM HAMMOND
The civitas islands
President

ZOE
The Free Republic of Samboria
Vice-President

THE GREAT GAZOO
The Empire of Zetox
Chief Justice of the Supreme Court

ARTURIA HALDUS
The Federal Monarchy of United Osean Federation
Commander in Chief

RICHARD MAXWELL THERMADORIAN
East meranopirus
Secretary of State

PRIME MINSTER of CHOKOKU
The Semi-Confederated Federation of Chokoku
Secretary of the State Council

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