Equilism Constitution
The Constitution of the Equilism Commonwealth of Nations.
Contents
I. Preamble
The members of The Equilism Commonwealth of Nations (ECN) hereby set forth these rules and principles for our governance. We hold it as our first principle to preserve the freedom and autonomy of our members. Above mere governance, the Commonwealth will always seek to advance the interests of peace, to ensure justice and democracy, and to expand prosperity for our members. The Commonwealth establishes within this Constitution, a Bill of Rights that will serve as the mandate by which all nations of our union are protected. Recognizing too that we are but one region in a greater community, we will also seek to mediate between our members and other regions when needed and defend the rights and security of our allies and regions of common cause.
Our government and our Constitution have no greater aim than enabling honest and just governance under which the membership of this Commonwealth will flourish. It is forever the intent of this document and all documents issued from its authority that the government exists to serve the people’s interest above and before its own in all instances.
II. Membership
Membership in the Equilism Commonwealth of Nations shall be afforded to all nations who publicly assent to our values, laws and regulations. All membership is voluntary, and may be renounced by the member nation at any time.
III. Government Structure
The governance of the Commonwealth of Equilism shall be the privilege of the Equilism Council. The Council shall be made up of the Chief Executive, the Cabinet and the Equilism General Assembly. The Judiciary shall aid and promote the good governance of the Equilism Council, but will not hold membership in it.
1. The Executive branch shall consist of the President, the Prime Minister and the Cabinet.
2. The Legislative branch shall consist of the Councilors of the Equilism General Assembly.
3. The Judicial branch shall consist of three Justices. Of these three, two will be Associate Justices and one will be Chief Justice, who shall preside over the Court.
1. The Equilism Council
The full function of the Government of Equilism shall be vested in the Equilism Council, and that Council shall be the highest authority of the region. The Legislative, Executive and Chief Executive authority of Equilism shall be combined in the Equilism Council. The division of tasks within the Council embraces the full scope of governmental powers without adopting an official policy requiring the division of authority. To form a more perfect representative government, no member of the Council may serve in two separate roles without special dispensation. While decisions with regard to regional governing will be made by general vote, the Equilism Council has the right to overrule or veto any decision made by general vote. The Equilism Council also reserves to right to make fast decisions and/or vote on sensitive matters when that is needed, without consulting the whole region.
i) The Council shall be comprised of The President, the Prime Minister, the Cabinet, Cabinet Advisors and the Councillors of the General Assembly.
ii) The Cabinet is made up of the Ministers of the Cabinet Ministries (including but not limited to; The Minister of the Military, The Minister of Internal Affairs, The Minister of Foreign Affairs and the Minister of Intelligence).
iii) Executive Advisors - The President and Prime Minister will select their advisors, who will be also members of the Council. Any nominated Executive Advisor must receive a simple majority approval from the Council, with the nominating member abstaining.
iv) Councillors of the General Assembly are appointed the task and privilege of representing the General Membership of Equilism to the Council, forwarding motions for consideration by the Council and in providing ‘advise and consent’ to the Chief Executive and the Cabinet. Councillors are also pledged to ensure on behalf of the General Membership, that the actions of the Executive and the Cabinet conform to all laws, common and constitutional of the region of Equilism. In their capacity as general representatives, the General Assembly will be very active in voting on and amending legislation.
2. The Executive
i) The President of the Commonwealth of Equilism.
The President shall receive their mandate to office by a general election of all United Nations member nations of Equilism as defined by standing electoral law.
ii) The Prime Minister of the Equilism Commonwealth.
The Prime Minister shall receive their mandate to office by a general election of all United Nations member nations of Equilism as defined by standing electoral law. The Prime Minister will serve to govern all aspects of the region with their elected authority being second only to that of the President. Jointly, the President and Prime Minister shall be known as the Chief Executive of the Commonwealth of Equilism.
iii) Operation of the Executive
a) The President shall preside over the entire Equilism Council and serve in all respects as its Chief Executive Officer.
b ) The Prime Minster shall preside over Cabinet. In all respects, the Prime Minister shares in the Chief Executive authority of the President. This authority second only to that of the President.
c) In any decision where the President and Prime Minister cannot agree, the decision of the President will override the decision of the Prime Minister.
d) The President and Prime Minister shall appoint the Ministers of the Cabinet. Each Cabinet Nominee shall be subject to an individual vote of approval of according to existing electoral law. All Ministers will be approved individually.
e) The Cabinet shall consist of the following Ministers:
- The Minister of Intelligence
- The Minister of the Interior
- The Minister of the Military
- The Minister of Foreign Affairs
f) All members of the Cabinet serve at the pleasure of the Chief Executive. Under that authority, the Chief Executive can remove a Minister from the Cabinet at their own discretion. Such a dismissal is open to review by any government member (i.e. another Minister or member of the Equilism General Assembly) who is not the removed Minister. The removal may be overturned by a 2/3 vote of the Council.
g) The Prime Minister shall have the duties of Regional United Nations Delegate.
h) The President shall take on Regional Delegate Duties only when the elected President is not the regional founder, or if a specific request is made by the Prime Minister.
i) The UN Delegate shall have regional control access, except in cases of invasion threat and/or Delegate inactivity, and then only after approval of the Intelligence Ministry and the Founder.
j) Whether the UN Delegate is the President or Prime Minister, the United Nations member nations of Equilism shall have the right to express their position concerning UN Resolutions through a poll on the forum, and the UN Delegate shall vote based upon the results of such polling. The UN Delegate may not vote contrary to the regional poll.
k) The President and Prime Minister acting collectively as the Chief Executive are empowered to;
- Make all overall decisions concerning the region and are expected to work closely with all Departments and government branches.
- Leading the regional government and general organization of the region.
- Perform the duties of Commanders-in-Chief of the Equilism Army (E-Army) and Equilism Intelligence Agency.
- Form the basis for the international policies of the Equilism Commonwealth.
l) The President and Prime Minister will establish, at the start of every electoral term, a plan of succession. This plan will list two members of the Cabinet or General Assembly who will replace a member of the Chief Executive should they be removed or resign. The succession plan must indicate the order of succession for the two appointees. The Chief Justice is ineligible to serve on a succession roster.
3. The Cabinet Ministries
Ministers are chosen on their ability and trust by the President and Prime Minister. Once appointed, the Minister is head of their departments and is authorized to make decisions regarding their department without consulting with the Equilism Council. All actions of any Minister can be overturned by a 2/3 vote of the Equilism Council, or dismissal by the Chief Executive.
i) The Ministry of Intelligence will be responsible for the security of the region that does not require the use of Military resources. The Minister is head of the Equilism Intelligence Agency. The Department will be responsible for providing security within the region, providing counter-espionage and executing foreign operations. This department will also be responsible for collecting and analyzing information with regard to regional and ally security. The Minister is given the right to classify operational information. Classification must be justified on request by the Chief Executive or an order of the full Judiciary in the course or product of a trial or hearing.
ii ) The Military Ministry will be responsible for the use of military force and the defence of Equilism. The Ministry will also be responsible for managing the Equilism Army, appointing and removing Army Commanders as well as Officers. This Department is subject to the Authority of the President, the Prime Minister, the Military Minister and other individuals appointed by them. The E-Army shall only act for the defence of the Equilism region, its allies and friendly regions deemed to be under attack by aggressor regions.
iii) The Ministry of Foreign Affairs, to be headed by the Minister, will be responsible for maintaining and opening relations with regions and organizations outside of Equilism. The Ministry of Foreign Affairs will also be responsible for appointing and receiving ambassadors from other regions and organizations. This Department has the responsibility to create alliances, write treaties and communicate with foreign regions and organizations. The Minister has the authority to appoint ambassadors and diplomatic staff.
iv) The Interior Ministry will be responsible for keeping up to date with the happenings in the region, communicate with (new) members and provide information to regional members. This Ministry shall also initiate and oversee activities for the general entertainment of the Equilism member nations. The Ministry will be responsible for seeking out new nations and encouraging them to join and participate in the Equilism Region. The Minister has the authority to appoint recruiters/naturalization officers.
Deputy Ministers
Any Minister may appoint a deputy-minister to assist them in their capacity with approval from the Chief Executive. Deputy Ministers have no standing in Cabinet, may work for more than one Ministry and would not be required to give up their standing in the Equilism General Assembly.
Ministerial Inactivity
Ministers are the core of the Equilism Council and are expected to maintain a high level of activity. If a Minister becomes inactive without giving prior notice of their inactivity, they may be subject to removal from office. Should a Minister become inactive for five unannounced days, they will be issued a Notice from the Chief Executive. If, after two days, that notice is not replied to, the Chief Executive may dismiss the Minister. The Minister can ask to be reinstated upon their return but this is at the sole discretion of the Chief Executive, and would require a new vote of confirmation. When a Minister is dismissed for inactivity, the Chief Executive may promote a replacement immediately and allow for a two day vote of confirmation.
4. The Equilism General Assembly
The Equilism General Assembly is a representative group open to all members of Equilism with a known UN nation in the region who wish to serve. Once they have resided in Equilism for at least two weeks, (determined by their date of registration on the forum) members may apply for admission to the Equilism General Assembly at any time provided that they meet the following eligibility requirements:
i) All Councillors must be a UN nation. Exemption can be granted to a nation by a simple majority of the Council and whatever inquiries are deemed necessary by the Council to ensure the security of the region.
ii) All Councillors must be active members of Equilism. Active is defined as a member who responds in a timely fashion to official inquiries and calls to vote. A member nation not responding to such calls after 14 days will be deemed inactive. Inactivity without prior notice will result in a Notice being sent to the member and to Council. Any inactive member will have three days to reply to the Notice and failure to do so will result in removal from the Equilism General Assembly. Councillors removed in this manner may reapply if they become active again
iii) All Councillors must swear to uphold the Constitution of Equilism and to defend the region.
iv) Candidates will be required to submit to a security check by the Ministry of Intelligence. The Minister of Intelligence may block the application if the member is found to have deceived the Council in any way or during the application process.
IV. The Judiciary
The Judiciary of the Equilism Commonwealth, in the form of the Court of Equilism will be an independent body composed of a Chief Justice and two Associate Justices whose role is to present opinions on the application of the laws of the Commonwealth and to oversee trials that are brought to the Judiciary through a Petition. The Judiciary is to interpret and apply the laws of Equilism without bias and with good faith to all the people governed by the law.
1. Independent Judiciary; In order to guarantee that the Justices of the Court are not beholden to those who appointed them, the terms of the Justices will not be subject to renewal or replacement at the start of each new electoral term. In this way, separation between the Executive and the Judiciary will be protected.
i) A vacancy will be filled by an appointment by the Chief Executive, which must then be confirmed by a vote of the Council. To be confirmed, the Justice must receive a two-thirds majority of the vote, or a percentage of the vote equal to or greater than 66.7%. The confirmation of a Justice will include a three day period of questioning before the entire council and then a vote of four days.
ii ) There will be no fixed requirements for the position of Justice or Chief Justice. The Council is tasked with finding and elevating the most qualified and best-tempered candidate to the post. It is not required to have been an Associate Justice to become Chief Justice. The Chief Justice may not hold elected office, but may serve in an appointed role at the pleasure of the Chief Executive. The associate justices may hold elected office if granted a dispensation by the council, at their means and at their schedule.
iii) At the start of each new electoral term, any member of the Equilism General Assembly, the Cabinet or the Chief Executive may move to have the tenure of a Justice revoked. Revocation of tenure will require three days of debate, which is to include the Justice in question and will then be followed by a four day vote. If a 2/3 majority votes in favor of Revocation, the Justice is removed immediately.
iv) At the behest of the Chief Executive, a Justice may be impeached at any time if they are believed to be in dereliction of duty. Impeachment will require 3 days of debate which is to include the Justice in question and will then be followed by a 4 day vote. If a 2/3 majority vote in favour of Impeachment the Justice will be removed immediately.
v) Grounds for impeachment and revocation are left to the discretion of the members who might bring such actions to bear. Impeachment and revocation are not to be used as means to demonstrate disagreement with a Justice or with a finding of the Court. Impeachment and revocation are to be used if it is believed that a Justice was negligent in the performance of their assigned task.
vi) If no motion to revoke or impeach is presented, the tenure of the Justices will be carried without additional confirmation or debate.
2. The Justices; The Court will be comprised of a Chief Justice and two Associate Justices. The standards for appointing all three will remain identical. The Chief Justice will be expected to manage the operations of the Court, be the primary author of opinions and rulings and to be the keeper and primary author of precedent in Equilism law and in the Practices and Procedures of the Court. At the discretion of the Chief Justice, an Associate Justice may have any of these tasks delegated to them on a case-by-case basis.
3. Opinions; When a matter of law is brought before the Council, or is of general concern it may be opted that the Court is asked to render an opinion on the matter prior to a vote. The Opinion may be issued to clarify a concern or to relate the matter back to earlier precedent. The Opinion is not binding, but will allow for the inclusion of all three departments of our government and may help the Council, Equilism General Assembly and Chief Executive to decide a matter more efficiently. Any member of Equilism may petition the Court for an opinion. Requests for opinions shall be made to the Chief Justice and considered by the full Court.
4. Trials; The Justices of the Court are responsible to sit in judgment of all trials, judicial hearings and other matters brought to them by the means of an Application. The Application can be for Trial, Hearing or for any other type of opinion which Chief Executive, Council or Equilism General Assembly might require.
i) Closed trials may be held at the request of either the Minister of the Military or the Minister of Intelligence. In all other cases, trials will be open to the public. If one of the eligible Ministers requests a closed trial, the burden of proof for closing the trial lies entirely with that Minister. By default, all trials within the Equilism Commonwealth are to be public. To reverse this, the Minister must show that a by not closing the trial, the Judiciary would cause sensitive material to be released. In any event, the Minister challenging the default must demonstrate a harm that a closed trial would avoid.
ii) The verdict of a trial and the sentence of a trial may be overturned by a 3/4th vote of the Council. In this case, neither the defendant, nor either counsel may vote. If any of the Justices have access to the Council, they will be barred from casting a ballot in such a matter as well.
iii) A verdict returned by the Council shall be resubmitted to the Court for deliberation in light of the objections of the Council. If the deliberation results in no new findings, the existing verdict will be discarded.
iv) The specific methods for executing a trial will not be constitutionally enforced. The Chief Justice will be responsible for maintaining the Practices and Procedures of the Court
5. Precedent; Once a trial has been completed, it is the responsibility of the Chief Justice to enter the finding of the Court into a record of Precedent and Findings. This record will be a guide to keep the laws of Equilism consistent. Precedent is not binding and the record of precedent and findings is meant to be a tool to aid in decisions.
6. Authority; While independent, it is the mandate of the Court to assist the Legislative and Executive levels of government in governing with consistency and clarity. The Court shall operate at the discretion and request of the other branches of government and shall not initiate an action, finding or appeal on its own. The Judiciary is a complimentary body of government and is not mandated to undertake actions of oversight unless requested to do so in a specific instance by the Chief Executive, the Cabinet or the General Assembly.
V. Elections
1. Elections shall follow a course of three days for nomination and campaigning, after which nominations are closed and followed by a period of four days for voting. Campaigning and questioning may continue throughout the entire week.
2. Government Officials' terms will be for a period of twelve weeks starting at the same period for all officials. The President and Prime Minister may serve a maximum of four consecutive terms in either position unless decided otherwise by 2/3 of the Council.
3. Government officials leaving Equilism, should report to the Council and resign if necessary. The President and Prime Minister will choose an acting replacement for an office that needs to be filled subject to the approval of the Council.
4. The Minister of Internal Affairs or the Minister’s designate will act as Electoral Officer. The Electoral Officer is charged with the smooth and timely execution of all scheduled votes and campaigns.
5. All nations interested in running for any government office must notify the whole region through the forum. Nations may only run for and hold one position at a time unless decided otherwise by the Council.
6. All Nations with access to Equilism forum, U.N. or otherwise must register under their Nation's exact name at the forum in order to be able to vote.
Voting
The binding principle behind the actions of the Equilism Commonwealth is the fair and democratic representation of the region. Whenever possible, votes with the largest possible groups of electors will be held.
i) Council Vote; Matters of new legislation, policy and non-confidential matters should be voted upon by the Equilism Council. These votes will be time limited to four or seven days and results will be tabulated based on votes cast within that time. Results needed to carry a vote are based only on the votes cast and not the total number of eligible voters. ii) Open Vote; An open vote is simply a ballot open to all members of the forum. Procedural votes, non-UN votes, non-governmental votes and a general plebiscite would call for an open vote. Like all votes, the open ballot would be time-restricted. iii) Executive Vote; Sensitive matters can be voted on by the combined members of the Chief Executive and the Cabinet. These votes would also be time sensitive, and can be called at the discretion of any member of the Cabinet or the Chief Executive. Any member of this group may also challenge if a closed, Executive Vote is warranted.
The Executive and the Chief Executive both have the authority to institute different types of ballots only when the new scheme does not contradict prior electoral law or the guidelines in this section. For matters of procedure and confirmation, the Chief Executive may set request a shorter, two day poll.
Motion of No Confidence
Every official can be made subject to a motion of no confidence. When such motion passes, the official will be removed from office and new elections will be held for this position or the position may remain vacant if it is an auxiliary position such as Cabinet Advisor. To pass such a motion 2/3 of the Equilism Council has to vote for the motion. Any member of the Equilism Council can introduce a motion of no confidence. If the motion is seconded, it will proceed to a Council vote lasting for four days.
Appointed positions, such as Advisors and Cabinet Ministers are also subject to dismissal by the Chief Executive. Any such dismissal can be overturned by a 2/3 majority vote by the full Equilism Council.
IV. Bill of Obligations
In keeping with the NationStates rules of etiquette, the following behaviours will constitute grounds for immediate ejection from the region and reporting to the game moderators:
1. Posting of any content considering spamming, content that is considered obscene, illegal, threatening, malicious or defamatory. This applies to a nation's name, motto and other customizable fields, any messages written, images posted, or any other content uploaded or linked to NationStates. Ejections for these violations will require public notice.
2. Also prohibited is the practice of "griefing." Griefing is playing with the primary aim of annoying or upsetting other people. If you do this, the game moderators may take action against you, and the Equilism Founder and/or Delegate may eject and ban you from the region. Ejections for griefing will require a public notice.
3. Attempting to steal another nation's identity is fraudulent behaviour and breaches the NationStates terms & conditions. The same applies to any attempt to impersonate another player, including attempting to hack nation or region passwords.
4. Known member nations of invader regions and groups may be ejected at the discretion of the Chief Executive and the regional Founder. Both will reserve the right to eject spammers and others acting in an inappropriate manner, as well as the right to inform the game moderators of such activity as may be appropriate. The actions of both will be answerable to the Council.
V. Bill of Rights
The following are recognized as the inalienable rights of the member nations of the Equilism region.
1. Self-determination. The general government of Equilism shall make no law or regulation governing the internal operation of any nation state within the region. Each nation state will maintain the right to govern itself in accordance with its own customs and desires.
2. Freedom of speech. The general government shall make no law restricting the freedom of speech within Equilism beyond those rules governing all participation and etiquette in NationStates.
3. Freedom of the Press. The government shall make no law or take any action that restricts, censors, or punishes a free press, except in those cases when it might threaten regional security or go against forum guidelines. Censorship of the press by the government must be approved by the full Judiciary in closed session.
4. All nations will have the right to participate and vote in elections in accordance to the Equilism Constitution and laws.
5. All nations will have the right to a fair trial in accordance to the Equilism Constitution and laws, with the presumption that said parties are innocent until proven guilty
6. Reservation of Powers; Powers not enumerated in this Constitution shall be reserved to the member Nations by default. The Judiciary shall rule on matters where the reservation of powers is disputed. The onus must always be on the government to prove that a disputed right is not present.
