Republic of Lavalon
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Author Topic: Constitution Discussion  (Read 462 times)
JasonMckerra
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« on: August 27, 2009, 03:42:53 am »

Let's talk about a constitution.

The Proclamation of the 23rd of July is something of a constitution at the moment, in writing  it I drew a lot of inspiration (read, copied) the French Constitution of 1793.

In the past Lavalon has operated under some pretty thin “provisional” constitutions.

The Provisional Charter was adopted in 2003, and pretty much vested all power in the Prince. The Second Charter, adopted in early 2004, made the Prince an elected figure and established a direct democracy.

It also had an interesting solution for a judicuary, it called for judges to be appointed by the Prince and approved by the assembly as cases arose, when a matter was dealt with the judge would be dismissed. Fortunately or unfortunately we never had a chance to use this system.

The previous Republics of Lavalon had a variety of presidential style constitutions, though they were largely ignored in practice.

What constitutional form should we consider for this new Republic of Lavalon? Can we just adapt/expand the Proclamation of the 23rd of July, or do we need to start afresh?
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JasonMckerra
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« Reply #1 on: August 27, 2009, 03:46:33 am »

This is the draft constitution I had proposed in the previous forum:

Quote
Constitution of the Republic of Lavalon


SECTION 1 – State Form

1. The Lavalonian micronation is forged by the expressed will of her citizens, and can never cease so long as a single person continues to hold Lavalon dear to their heart.

2. The sovereignty and legitimacy of the state is founded upon the expressed will of the Lavalonian people, it exists so long as it is desired by the Lavalonian people, and ceases if their support is withdrawn.

3. The Lavalonian micronation shall be organised as a republic.


SECTION 2 – Citizenship

1. Any person who identifies with the Lavalonian micronation, consents to the authority of this constitution and the authority of the laws and government established by this constitution, and who is accepted into our community by it's existing members, shall be entitled to become a citizen.


SECTION 3 – The Legislative Function

1. There shall be an Assembly of Citizens, which shall, subject to this Constitution, have power to make laws for the peace, order, and good government of the Republic.

3. The Assembly shall consist of all citizens who choose to exercise their rights as legislators, barring those who have been suspended as a result of a criminal action.

4. The Assembly may determine the rules of it's proceedings and punish members for disorderly conduct.


SECTION 4 – The Executive Function

1. The executive power of the Republic is vested in the First Minister.

2. The First Minister shall be elected from among the Assembly of Citizens by a simple vote for a twelve month term. In the event that the First Minister resigns or is removed from office, the Council of Elders shall appoint a replacement for the remainder of his term.

3. The First Minister shall lead the government, which shall consist of the First Minister and such persons that the First Minister might appoint to subordinate executive roles, subject to the approval of the assembly.

4. The First Minister shall, from time to time report to the Assembly on the state the Republic.

5. The First Minister shall be empowered to issue executive orders on any matter pertaining to the governance of the Republic and the upholding of this constitution and laws of the Republic.

6. No executive order may contradict this constitution, or any law or resolution adopted by the Assembly. The Assembly of Citizens and the Council of Elders may by simple majority, strike down any executive order.

7. The Government, under the leadership of the First Minister, is empowered to:
a. Conduct foreign affairs and sign treaties consistent with the laws, constitution and foreign policy of the Republic.

b. Spend money as authorized by the Assembly.

c. process citizenship applications, and refer them to the Assembly for approval.

d. maintain the web presence of the Republic.

e. Undertake such measures that prove necessary to ensure good governance, and to uphold the laws and constitution of the Republic.


SECTION 5 – The Moderative Function

1. There shall be a Council of Elders charged with ensuring the continuity, integrity and freedom of the Republic.

2. The Council of Elders shall consist of the five most recent past First Ministers who do not currently hold a position within the Government and who are not currently prevented from serving in the Assembly.

3. The Council of Elders shall be empowered to veto Acts of the Assembly and Executive Orders that compromise the integrity of the Republic, are harmful to the future of the nation, violate this constitution, or violate the rights of the citizens of the Republic.

5. The Assembly can overturn a veto by the Council of Elders with the concurrence of three quarters of its members.


SECTION 6 – The Judicial Function

1. Disputes concerning the interpretation of this constitution or the laws of the Republic shall be heard by the High Court.

2. Criminal and civil cases shall be heard before the High Court, or such lower courts as are established by the Assembly.

3. Judges shall be appointed by the First Minister, upon the consent of the Assembly of Citizens, as and when they are required. A Judges term in office extends for so long as the case or cases that required their appointment.

4. In issuing penalty for criminal conviction, the courts shall be empowered to issue a suspension of a citizens right to participate in the affairs of the Republic.


SECTION 7 – Bill of Rights

1. No executive, legislative or judicial act may violate any persons fundamental human rights as enunciated in the Universal Declaration of Human Rights 1948.


SECTION 8 – War

The Republic of Lavalon renounces war and shall not raise an armed force for any reason.


SECTION 9 – Amendments

This constitution may be amended by an Act of the Assembly, passed with at least seventy five percent in support, and endorsed by the Council of Elders.
« Last Edit: November 13, 2009, 12:06:13 pm by JasonMckerra » Report to moderator   Logged
JasonMckerra
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« Reply #2 on: November 13, 2009, 03:40:30 am »

Most constitutions do include some description of the limits to legislative and government powers, although this limitations seem to be seldom respected in the modern world.

Should our proposed constitution delineate what areas the micronational government can and can't legislate on?

What should the scope of legislation be?
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