New Constitution

[Χahar]

I like the idea of provinces having real power and parliaments, but those parliaments and their membership being determined by the GM---

^^^

We can extend the principle to local government.

Well, I've done my part. If somebody wants to bang out a separation of powers between the federal and provincial governments, that's fine by me, but I'm not doing it.

[Hashemite]

I fully support a functioning system of provincial and eventually local government. At the very least a local government.

[Χahar]

What should be under the jurisdiction of what?

[Platypus]

What should be under the jurisdiction of what?

Well, we'd want a pretty high degree of centralisation, which is why i think three tiers is a bit much. Local government should be less powerful than US counties, for example. My suggestion would be that we define the division between the powers of the Republic and those of the Province, and then local government should exist as an independent division of provincial government or something. I really dont think we've got enough room in the game for local government, but i'd like it to exist even if its not part of gameplay, so that it can ecome part of gameplay.

[Sibboleth]

Local government should be the responsibility of provincial government. Keep the feds out of it, they always ruin that sort of thing.

[Hashemite]

I'd also want a type of local government with national parties involved (ala UK, France etc) not non-partisan ones like in Canada.

[Χahar]

I'd also want a type of local government with national parties involved (ala UK, France etc) not non-partisan ones like in Canada.

That'd be a lot easier for the GM, too.

[True Federalist]

Assuming Articles 1, 2, and 3 are the typical legislative, executive, and judiciary articles:  Here's my proposal for Articles 4 and 5.

Article 4 is a statement of negative rights, i.e. those things that the government is prohibited from doing, while Article 5 is a statement of positive rights, i.e. those things that a citizen can expect not only from the government but also their fellow citizens.

Comments welcome.

Article 4: Powers Denied to the Parliament
I.   Parliament shall pass no law abridging the right to peaceably hold or express opinions.
II.   Parliament shall pass no law abridging the freedom of the media.
III.   Parliament shall pass no law abridging the right of peaceable assembly.
IV.   Parliament shall pass no law providing or denying support to private institutions on the basis of a religious affiliation.
V.   Parliament shall pass no law requiring an individual to join any organization.
VI.   Parliament shall pass no law discriminating between individuals on the basis of their gender.
VII.   Parliament shall pass no law discriminating between individuals on the basis of their ethnicity.
VIII.   Parliament shall pass no law discriminating between individuals on the basis of their religion.
IX.   Parliament shall pass no ex post facto law.
X.   Parliament shall pass no bill of attainder.
XI.   Parliament shall pass no law requiring defendants to provide evidence at trial.
XII.   Parliament shall pass no law requiring defendants to prove their innocence.
XIII.   Parliament shall pass no law imposing cruel or unusual punishment.
XIV.   Parliament shall pass no law allowing the involuntary servitude of any person to another person or a private entity.
XV.   Parliament shall pass no law restricting habeas corpus, save in time of war or insurrection.
XVI.   Parliament shall pass no law impairing contracts lawfully entered into.
XVII.   Parliament shall pass no law providing for the use of eminent domain, save for a public use and upon payment of fair compensation.

Article 5: Rights of the Citizenry
All person born in Antillia of lawful residents, all persons who are citizens of Antillia at the adoption of this Constitution, and such other persons naturalized in accordance with the laws of Parliament shall be citizens of Antillia and, subject to such restrictions as are necessary for those not yet of full age or otherwise not fully competent to handle their own affairs, shall have the following rights:
I.   Citizens of Antillia shall have the right to petition public officials.
II.   Citizens of Antillia shall have the right to their own culture and language.
III.   Citizens of Antillia shall have the right to an impartial, speedy, and public trial.
IV.   Citizens of Antillia shall have the right to trial by jury in all criminal or civil cases except where the maximum penalty or judgment is less than one-tenth of the annual wages of a person employed full time at a job paying the minimum wage.
V.   Citizens of Antillia shall have the right to be secure in their persons, papers, and places, save in case of imminent danger or upon a warrant issued for probable cause specifying each person, paper, or place to be searched or secured.
VI.   Citizens of Antillia shall have the right to competent counsel of their choice in any criminal proceeding.
VII.   Citizens of Antillia shall have the right to vote by secret ballot.
VIII.   Citizens of Antillia shall have the right to collectively organize for any peaceable purpose.
IX.   Citizens of Antillia shall have the right to travel to or reside in any place, whether domestic or foreign.
X.   Citizens of Antillia shall have the right to own property, both real and personal, on an individual, family, or corporate basis.
XI.   Citizens of Antillia shall have the right to work, to free choice of employment, to just and favourable conditions of work, and to protection against unemployment.
XII.   Citizens of Antillia shall have the right to equal pay for equal work.
XIII.   Citizens of Antillia shall have the right to just and favourable remuneration ensuring for themselves and their families an existence worthy of human dignity, including food, clothing, housing and medical care and necessary social services, and supplemented by other means of social protection in the event of unemployment, sickness, disability, death of a spouse, old age, or other lack of livelihood in circumstances beyond their control.
XIV.   Citizens of Antillia shall have the right to equal opportunity to employment in the public service in any capacity for which they are qualified to serve.
XV.   Citizens of Antillia shall have the right to form and to join trade unions for the protection of their interests.
XVI.   Citizens of Antillia shall have the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay.
XVII.   Citizens of Antillia shall have the right to marry and to found a family, but only with the free and full consent of the intending spouses.
XVIII.   Citizens of Antillia shall have the right to education, which shall be equally accessible to all on the basis of merit.
XIX.   Citizens of Antillia shall have the right to choose the kind of education that shall be given to their children.
XX.   Citizens of Antillia shall have the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which they are the author.

[Χahar]

I declare this Constitution approved.

[Platypus]

I declare this Constitution approved.

Which constitution, with which bits?

If Antillia is to exist, we need a constitution, we do not have one. I'm going to pretty much copy-paste the separation of powers in Australia here, with a few tweaks, and then we can work on them. Eventually, we'll go through everything and come up with a final draft. Your initial draft has been the impetus, but it's not the Constitution.

[Platypus]

Article 6 (?)

I-Incidental powers shall be considered those of the Parliament of the Republic, should those incidental powers be directly relevant to the intention of that bodies' powers, with the advancement of time; those powers not given to the Parliament of the Republic shall remain powers of the provinces.

II-The Parliament of the Republic shall have the power to pass and enact legislation in the following areas, for the progress of the peaceful and well-intentioned governance, as do Provincial Parliaments; and shall supercede all Provincial Laws should a Legal Disagreement occur:

a) Trade and Commerce within the Republic and with Foreign Lands, including Tariffs;
b) Taxation, but not the ability to discriminate between Province in Taxation Affairs;
c) Borrowing Monies on the Public Credit of the Republic and all Monetary Reserves;
d) Communications: Postal, Telephonic, of the Internet or other like services;
e) The Defence of the Provinces and the Control of Military Services;
f) Shipping, Fisheries and Ports;
g) Quarantine, Customs, Borders and Immigration;
h) Census, National Statistics, the running of Free and Fair Elections and Meteorology;
i) Currency, Coinage and Legal Tender, both in Issuance and Certification;
j) Units of Measurement;
k) Patents, Copyrights and Trademarks;
l) Familial Partnerships and Child Welfare;
m) Governmental Welfare Support, not to the exclusion of Provincial Parliaments;
n) The Service and Execution of the Civil and Criminal Process of the Courts and their judgments throughout the Republic and where appropriate, Internationally;
o) The Recognition, throught the Republic, of the Laws, Public Acts and Judgments of the Republic and the Provinces;
p) External Affairs;
q) Colonies, Overseas Territories, and Antillian-administered lands not within the Provinces;
r) Construction and Maintenance of Inter-Provincial Transport Links, with the Permission of all Relevant Provinces;
s) The Acquisition, on Just terms, of Property, and the Maintenance of Public Lands;
t) Matters Referred to the the Parliament of the Republic by the Provinces; but not over Provinces that do not Refer to the Parliament of the Republic;
u)  Matters Incidental to the Execution of any Power vested by this Constitution in the Parliament of the Republic, or in the Government of the Republic, or in the Judicature, or in Any Department or Officer of the Republic.

III-Any other power declared by this Constitution as that of the Parliament of the Republic is an Exclusive Power of the Republic.

IV-The Parliament of the Republic shall have the exclusive right to make rules and orders with respect to:

a) The mode in which its powers, privileges and immunities may be executed and upheld, in accordance with all other Articles of this Constitution;
b) The order and conduct of its business and proceedings

[HappyWarrior]

Sounds good to me.  We really need to get back to this, get people interested again.

[Χahar]

I declare this Constitution approved.

Which constitution, with which bits?

If Antillia is to exist, we need a constitution, we do not have one. I'm going to pretty much copy-paste the separation of powers in Australia here, with a few tweaks, and then we can work on them. Eventually, we'll go through everything and come up with a final draft. Your initial draft has been the impetus, but it's not the Constitution.

I know. I was just getting this up again. I'll work on a merger of all the drafts now.

[Χahar]

CONSTITUTION OF THE REPUBLIC OF ANTILLIA

Article 1: Parliament
I.   Chief legislative authority in the Republic of Antillia shall be vested in Parliament.
II.   Parliament shall be composed of at least one member from each province, and additional members elected through the mixed-member proportional system.
III.   Parliament shall make no law that is inconsistent with the Constitution.
IV.   Parliament shall elect from among its members a Speaker, who shall only vote if the body is tied.
V.   Any Antillian citizen qualified to vote may be elected to Parliament.
VI.   Parliament shall have the authority to determine the qualifications of its members, and may censure or expel any member with due cause and a two-thirds majority.
VII.   Parliament cannot carry out its duties without a quorum of two-third of all members.
VIII.   Any Parliament that has sat for at least one month may dissolve itself by a majority vote.
IX.   If a Parliament sits for five months, it shall be automatically dissolved.
X.   When Parliament is dissolved, new elections must be held within two weeks of the dissolution.
Article 2: Executive
I.   The head of state of the Republic of Antillia shall be the Speaker of Parliament.
II.   The head of government of the Republic of Antillia shall be the Prime Minister.
III.   The Prime Minister shall be elected by a majority vote of Parliament.
IV.   The Prime Minister must be a Member of Parliament other than the Speaker.
V.   The Prime Minister shall stay in office until a Measure of No Confidence passed by Parliament takes effect.
VI.   A Measure of No Confidence passed by Parliament shall not take effect until Parliament elects a new Prime Minister.
VII.   The Prime Minister shall appoint a Cabinet.
VIII.   One member of the Cabinet shall be appointed Deputy Prime Minister.
IX.   Any Antillian citizen qualified to vote may be part of the Cabinet, except for the Speaker of Parliament and judges in the court system.
X.   The Prime Minister and Cabinet shall execute laws passed by Parliament.
XI.   If the Prime Ministership becomes vacant, the Deputy Prime Minister shall become Prime Minister.
Article 3: Judiciary
I.   The highest court in Antillia shall be the High Court.
II.   High Court members shall be appointed by the Prime Minister.
III.   High Court members shall serve until death, resignation, or removal by a four-fifths vote of Parliament.
IV.   Parliament shall have the authority to designate further courts by law.
Article 4: Powers of the Parliament
I.   Incidental powers shall be considered those of the Parliament of the Republic, should those incidental powers be directly relevant to the intention of that bodies' powers, with the advancement of time; those powers not given to the Parliament of the Republic shall remain powers of the provinces.
II.   The Parliament of the Republic shall have the power to pass and enact legislation in the following areas, for the progress of the peaceful and well-intentioned governance, as do Provincial Parliaments; and shall supercede all Provincial Laws should a Legal Disagreement occur:
a.   Trade and Commerce within the Republic and with Foreign Lands, including Tariffs;
b.   Taxation, but not the ability to discriminate between Province in Taxation Affairs;
c.   Borrowing Monies on the Public Credit of the Republic and all Monetary Reserves;
d.   Communications: Postal, Telephonic, of the Internet or other like services;
e.   The Defence of the Provinces and the Control of Military Services;
f.   Shipping, Fisheries and Ports;
g.   Quarantine, Customs, Borders and Immigration;
h.   Census, National Statistics, the running of Free and Fair Elections and Meteorology;
i.   Currency, Coinage and Legal Tender, both in Issuance and Certification;
j.   Units of Measurement;
k.   Patents, Copyrights and Trademarks;
l.   Familial Partnerships and Child Welfare;
m.   Governmental Welfare Support, not to the exclusion of Provincial Parliaments;
n.   The Service and Execution of the Civil and Criminal Process of the Courts and their judgments throughout the Republic and where appropriate, Internationally;
o.   The Recognition, throughout the Republic, of the Laws, Public Acts and Judgments of the Republic and the Provinces;
p.   Colonies, Overseas Territories, and Antillian-administered lands not within the Provinces;
q.   Construction and Maintenance of Inter-Provincial Transport Links, with the Permission of all Relevant Provinces;
r.   Construction and Maintenance of Inter-Provincial Transport Links, with the Permission of all Relevant Provinces;
s.   The Acquisition, on Just terms, of Property, and the Maintenance of Public Lands;
t.   Matters Referred to the the Parliament of the Republic by the Provinces; but not over Provinces that do not Refer to the Parliament of the Republic;
u.   Matters Incidental to the Execution of any Power vested by this Constitution in the Parliament of the Republic, or in the Government of the Republic, or in the Judicature, or in Any Department or Officer of the Republic.
III.   Any other power declared by this Constitution as that of the Parliament of the Republic is an Exclusive Power of the Republic.
IV.   The Parliament of the Republic shall have the exclusive right to make rules and orders with respect to:
a.   The mode in which its powers, privileges and immunities may be executed and upheld, in accordance with all other Articles of this Constitution;
b.             The order and conduct of its business and proceedings.

[Χahar]

Article 5: Powers Denied to the Parliament
I.   Parliament shall pass no law abridging the right to peaceably hold or express opinions.
II.   Parliament shall pass no law abridging the freedom of the media.
III.   Parliament shall pass no law abridging the right of peaceable assembly.
IV.   Parliament shall pass no law providing or denying support to private institutions on the basis of a religious affiliation.
V.   Parliament shall pass no law requiring an individual to join any organization.
VI.   Parliament shall pass no law discriminating between individuals on the basis of their gender.
VII.   Parliament shall pass no law discriminating between individuals on the basis of their ethnicity.
VIII.   Parliament shall pass no law discriminating between individuals on the basis of their religion.
IX.   Parliament shall pass no ex post facto law.
X.   Parliament shall pass no bill of attainder.
XI.   Parliament shall pass no law requiring defendants to provide evidence at trial.
XII.   Parliament shall pass no law requiring defendants to prove their innocence.
XIII.   Parliament shall pass no law imposing cruel or unusual punishment.
XIV.   Parliament shall pass no law allowing the involuntary servitude of any person to another person or a private entity.
XV.   Parliament shall pass no law restricting habeas corpus, save in time of war or insurrection.
XVI.   Parliament shall pass no law impairing contracts lawfully entered into.
XVII.   Parliament shall pass no law providing for the use of eminent domain, save for a public use and upon payment of fair compensation.
Article 6: Rights of the Citizenry
All persons born in Antillia of lawful residents, all persons who are citizens of Antillia at the adoption of this Constitution, and such other persons naturalized in accordance with the laws of Parliament shall be citizens of Antillia and, subject to such restrictions as are necessary for those not yet of full age or otherwise not fully competent to handle their own affairs, shall have the following rights:
I.   Citizens of Antillia shall have the right to petition public officials.
II.   Citizens of Antillia shall have the right to their own culture and language.
III.   Citizens of Antillia shall have the right to an impartial, speedy, and public trial.
IV.   Citizens of Antillia shall have the right to trial by jury in all criminal or civil cases except where the maximum penalty or judgment is less than one-tenth of the annual wages of a person employed full time at a job paying the minimum wage.
V.   Citizens of Antillia shall have the right to be secure in their persons, papers, and places, save in case of imminent danger or upon a warrant issued for probable cause specifying each person, paper, or place to be searched or secured.
VI.   Citizens of Antillia shall have the right to competent counsel of their choice in any criminal proceeding.
VII.   Citizens of Antillia shall have the right to vote by secret ballot.
VIII.   Citizens of Antillia shall have the right to collectively organize for any peaceable purpose.
IX.   Citizens of Antillia shall have the right to travel to or reside in any place, whether domestic or foreign.
X.   Citizens of Antillia shall have the right to own property, both real and personal, on an individual, family, or corporate basis.
XI.   Citizens of Antillia shall have the right to work, to free choice of employment, to just and favourable conditions of work, and to protection against unemployment.
XII.   Citizens of Antillia shall have the right to equal pay for equal work.
XIII.   Citizens of Antillia shall have the right to just and favourable remuneration ensuring for themselves and their families an existence worthy of human dignity, including food, clothing, housing and medical care and necessary social services, and supplemented by other means of social protection in the event of unemployment, sickness, disability, death of a spouse, old age, or other lack of livelihood in circumstances beyond their control.
XIV.   Citizens of Antillia shall have the right to equal opportunity to employment in the public service in any capacity for which they are qualified to serve.
XV.   Citizens of Antillia shall have the right to form and to join trade unions for the protection of their interests.
XVI.   Citizens of Antillia shall have the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay.
XVII.   Citizens of Antillia shall have the right to marry and to found a family, but only with the free and full consent of the intending spouses.
XVIII.   Citizens of Antillia shall have the right to education, which shall be equally accessible to all on the basis of merit.
XIX.   Citizens of Antillia shall have the right to choose the kind of education that shall be given to their children.
XX.   Citizens of Antillia shall have the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which they are the author.
Article 7: Ratification and Amendment
I.   To take effect, this document must be ratified by the Antillian Constitutional Convention.
II.   To amend this document, Parliament must approve the prospective amendment, after which a referendum on the amendment will be held.
III.   The amendment shall pass only if agreed upon by two-thirds of voters and one-third of the population of Antillia.
IV.   Amendments shall consist of direct revisions to the text, rather than sections added to the end.

August 11, 1991

[Χahar]

I don't like Article 3, Section II, Clause P; all land should belong to a province. I'd also like a safeguard of the rights of non-citizens, if at all possible.

[HappyWarrior]

High Court membership needs a specific number I think.  Also I think that the Parlimentary terms should be shortened to either 3 or 4 months to make things a bit more interesting a fluid.  Five months seems a bit long for a term in this game.

[Χahar]

High Court membership needs a specific number I think.  Also I think that the Parlimentary terms should be shortened to either 3 or 4 months to make things a bit more interesting a fluid.  Five months seems a bit long for a term in this game.

Eh, not really. Parliament should be able to determine how big it is, just as the U.S. Congress is to the Supreme Court.

Remember that in a parliamentary system, parliaments rarely finish their full term.

[HappyWarrior]

High Court membership needs a specific number I think.  Also I think that the Parlimentary terms should be shortened to either 3 or 4 months to make things a bit more interesting a fluid.  Five months seems a bit long for a term in this game.

Eh, not really. Parliament should be able to determine how big it is, just as the U.S. Congress is to the Supreme Court.

Remember that in a parliamentary system, parliaments rarely finish their full term.

On the second thing yea thats true but what do you mean the congress can determine the size of the supreme court?  It has been for a very long time at a steady nine members, the last time someone tried to change it was FDR with his infamous "court packing" episode.

[Χahar]

High Court membership needs a specific number I think.  Also I think that the Parlimentary terms should be shortened to either 3 or 4 months to make things a bit more interesting a fluid.  Five months seems a bit long for a term in this game.

Eh, not really. Parliament should be able to determine how big it is, just as the U.S. Congress is to the Supreme Court.

Remember that in a parliamentary system, parliaments rarely finish their full term.

On the second thing yea thats true but what do you mean the congress can determine the size of the supreme court?  It has been for a very long time at a steady nine members, the last time someone tried to change it was FDR with his infamous "court packing" episode.

But it steadily grew before that as the nation expanded.

[HappyWarrior]

High Court membership needs a specific number I think.  Also I think that the Parlimentary terms should be shortened to either 3 or 4 months to make things a bit more interesting a fluid.  Five months seems a bit long for a term in this game.

Eh, not really. Parliament should be able to determine how big it is, just as the U.S. Congress is to the Supreme Court.

Remember that in a parliamentary system, parliaments rarely finish their full term.

On the second thing yea thats true but what do you mean the congress can determine the size of the supreme court?  It has been for a very long time at a steady nine members, the last time someone tried to change it was FDR with his infamous "court packing" episode.

But it steadily grew before that as the nation expanded.

True, I was just thinking to ensure continuity it would be best to have a set number

[Χahar]

High Court membership needs a specific number I think.  Also I think that the Parlimentary terms should be shortened to either 3 or 4 months to make things a bit more interesting a fluid.  Five months seems a bit long for a term in this game.

Eh, not really. Parliament should be able to determine how big it is, just as the U.S. Congress is to the Supreme Court.

Remember that in a parliamentary system, parliaments rarely finish their full term.

On the second thing yea thats true but what do you mean the congress can determine the size of the supreme court?  It has been for a very long time at a steady nine members, the last time someone tried to change it was FDR with his infamous "court packing" episode.

But it steadily grew before that as the nation expanded.

True, I was just thinking to ensure continuity it would be best to have a set number

At the moment, we can't possibly have more than one. That'll change if/when Antillia grows.

[Platypus]

I don't like Article 3, Section II, Clause P; all land should belong to a province. I'd also like a safeguard of the rights of non-citizens, if at all possible.

Basically, the last part is areas that don't count as overseas territories (nor colonies) such as overseas military bases, embassies, etc.

[Χahar]

I don't like Article 3, Section II, Clause P; all land should belong to a province. I'd also like a safeguard of the rights of non-citizens, if at all possible.

Basically, the last part is areas that don't count as overseas territories (nor colonies) such as overseas military bases, embassies, etc.

That sounds fine. But I'm against colonies.

[Platypus]

I don't like Article 3, Section II, Clause P; all land should belong to a province. I'd also like a safeguard of the rights of non-citizens, if at all possible.

Basically, the last part is areas that don't count as overseas territories (nor colonies) such as overseas military bases, embassies, etc.

That sounds fine. But I'm against colonies.

I don't believe we have any, and it's not like we're about to create one, but maybe Bermuda is a colony, or St. Helena, the Azores, Cape Verde or something.