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Bill: Constitution of Malivia

Details

Submitted by[?]: Children of the Wrath

Status[?]: defeated

Votes: This bill is a resolution. It requires more yes votes than no votes. This bill will not pass any sooner than the deadline.

Voting deadline: September 3731

Description[?]:

Preface: According to the Gesetz zur Ordnung der Gesetze Act of 3001 §2 clause 1, all constitutional laws of Malivia, that are not purely pre-formulated, shall be written. All laws that require a consense of 2/3 of the legislation are deemed constitutional. Laws can be declared constitutional in retrospective by a law that also requires 2/3 of the legislation.




1. Article:


Das Gesetz zur Ordnung der Gesetze, 3001


§1
This bill shall introduce 7 law books designed to record all law made in or by Malivia that does not use pre-formulated text.

§2
The following books shall be introduced:
§1:There will be several law books:

1.)Malivian Constitutional book
2.)Original Law Amendmends
3.)Normal Laws

§2a
All laws that have to be written into the hereby created books shall only be written into them by a reference to the original act (by linking).

§2b
Laws of higer importance shall be written as a whole into the books. Laws of higher importance have to declare this importance in their text, or have to be declared to be of higher importance ex post by another act.

§2c
Hereby, the Official Laws of Malivia Act is declared to be of higher importance.

§3
When this law comes into effect, all laws that don't use pre-formulated text existing in Malivia until the day this law comes into effect, will be null and void.

§3a
(canceled)

§4
The duty of writing these books and of keeping them up to date lie with the Minister of Justice. If the Minister of Justice does not fullfill this duty, and waits for more than 4 years to actualise it, he shall be replaced by the Erzkanzler. For the time between the end of the 4 years deadline and the introduction of a new minister, the Radscha will lead the Ministry of Justice.

§5
For this law to pass, at least 2/3 of the legislation have to vote in favour.



2. Article:


Malivian Law of Warfare, 3008


§1 Declaration of War
In order to declare war, regardless to whom, both the Minister of Defence and the HoG must approve of the declaration, and an absolute majority is needed in the Parliament. In order to achieve this, either the Minister of Defence or the HoG have to propose an Act of War Declaration to the Parliament, which has to vote on it.
If such an Act passes, it is the duty of the Minister of Foreign Affairs to declare war to the respective nation or nations.

§1a Deployment without Declaration
In order to deploy troops in order to use them in military actions tantamount to warfare, the same procedure as above has to be applied, but without an actual declaration from the Minister of Foreign Affairs.

§2 Deployment of Troops and Leadership in Wartime
After war has been declared, or an act has been passed to legalize the deployment of troops without a declaration, the whole act of warfare lies with the Raja and the Minister of Defence. Both the Minister of Defence and the Raja are allowed to give military orders, and the Raja may alter or veto orders of the Minister of Defence. The Minister of Defence is solely responsible to the Raja, and the Raja thus responsible for Malivian warfare, subject only to his own will and the Gods.

§3 Controlling Rights
Both the Raja and the HoG have the right to get fully informed about ongoing actions by the Minister of Defence. The Parliament has the right to get informed on general strategy and the general status of the war, but has no inquisitive powers stronger than these.
§3a Ensurance of the Gerajan Order
Troops may not be deployed near the Raja's Palace and other Residencies, the actual party headquarters or the parliament without consent by the Raja (1st case), head of the party (2nd case), or a 2/3rd majority vote (3rd case).

§4 Emergency Rules
a) In the case of another military attacking Malivia without declaration, or in the case of a surprising because unforseen declaration of war to Malivia, the Minister of Defence is allowed to use the troops to defend Malivia without government or the Parliament's consent. However, he himself has to propose an act like the acts under §1 and 1a without hesitation, and he is not allowed to go into the offensive until such an act has passed.
b) In the case of a Minister of Foreign Affairs not delivering a declaration of war that has passed in the Parliament, the HoG has the duty to do this himself.
c) 1. In the case of a Minister of Defence not complying to one or more of the rules in this law, the Parliament can remove him from control with an act that requires a 2/3 majority.
2. In the case of a Minister of Defence not complying to the rules in §§1, 1a, or acting against Malivian Law in a way that he becomes a danger to Malivia, its political freedom or its sovereignty, or a danger to Malivia's civil liberties, the same act as in 1. has to be passed, but command can be taken from him immediately by the Raja or the HoG. Command is then bestowed upon the Raja, until the act to remove control from the Minister of Defence either failed, or has passed and a new Minister of Defence has been established.

§5 Systematic Order
This Law is of high importance. This law requires 2/3 of the legislature to vote in favour, and is a part of the Constitution of Malivia.

§6 Monarchich Status and Absolute Control
The Raja has the right to claim any of the rights given to any other political body for himself, and the right to deny these rights to the political body for whose cause it was originally written into this law. The Raja has the right to lead the Malivian troops as he sees fit, to declare war as he sees fit, or to fight without war declarations.


Amendment:
War Bill 3188
http://classic.particracy.net/viewbill.php?billid=328504

Amendment:
Malivian Warfare Amendment 3189
http://classic.particracy.net/viewbill.php?billid=328660




3rd Article:

Exaltation of the Gerajan Monarch 3150

With the passing of this bill, Seine geradschanische Majestät, Maharadscha aller Radschas, König der Könige, Fürst der Fürsten von Malivia, Schutzherr der Gläubigen, Leiter und Oberster Guru des Geradscha, Herr über Polkana, Lord-Protector Dendars', Sultan über Washibar und die Washitischen Inseln, Hochkönig von Itaki, Erzfürst über die Hochlande von Walkunia und Groß-Guphta der Niederen Walkunia; Verteidiger des Geradschanischen Glaubens, Wächter über die Malivianische See, the Raja will become the absolute ruler of Malivia. He will no longer be subject to the laws of Malivia, he will be the highes judge in the Abode of Welfare, able to alter judgements of any Malivian court, he will be the highest leader of the Malivian armed forces.
He will be able to draft his own laws, the 75 Rajput now only have the function of advisors. With the Raja last the three powers of the state, he fashions the laws, he commands the executive, and he is the last instance for all of Malivia's courts.
This law is a constitutional law, and must be voted for by at least two thirds of the legislation.


OOC:
Not that it matters as long as there is only one party in Malivia, but should other parties come (or return), for as long as this law is in effect, and since the game mechanics can't be altered, a law that passes will always be interpreted as if the parliament had convinced the Raja of making it.




4th Article:


Paramilitary Act 3179

§1: Paramilitaries are any armed personnel employed by private persons or companies or parties, if the number of armed persons exceed a total of 200 people.

§2: Only parties may be allowed to have paramilitaries.

§3: Paramilitaries of parties are allowed, if all of these circumstances are met:
- the Minister of Internal Affairs deems the party non-dangerous to society, the state, the Raja or the Gerajan faith.
- the Minister of Defense declares the paramilitary force to be no risk considering the defence of the country.
- the council of parties already legally owning paramilitaries deem the party loyal enough (unanimous vote needed).
- the Raja has no objections.
- the party in question exists for more than 30 years in Malivia.

§4: If the requirements above are not met, any paramilitary organisation will be disbanded by the military, and the people responsible for its organisation will be punished for treason.

§5: The parties owning paramilitaries are required to supply the Ministry of Defense with the necessary data to measure its force whenever the Minister of Defense asks them to do so.

§6: The right to have a paramilitary can be revoked under any of these circumstances:
- An unanimous vote to do so by all parties already legally owning paramilitaries (with the exception of the vote of the alleged party), as long as more than two parties legally own paramilitaries.
- An unanimous vote to do so by all parties already legally owning paramilitaries (with the exception of the vote of the alleged party), if there are only two parties legally owning paramilitaries, together with the vote of HoG or Minister of Defence.
- A decision of the Head of Government, the Minister of Internal Affairs and the Minister of Defence.
- A decision of the Raja

§7: The Gerajan Welfare Party (Geradschanische Wohlfahrtspartei) hereby owns the right to have a paramilitary.

§8: This law is of high importance and part of the Malivian constitution, and can be only changed by a 2/3 majority.





5th Aricle:

Law of Loyalty 3180

§1: Subversive anti-government material is anything considered either an insult or criticism of important policies that is directed against the Raja. The Raja is the only political entity protected by this law, it does not apply to any other political body or individual.

§2: This law regulates all kinds of public statements. A statement is considered public if more than nine people have access to it.

§3: The only people exempt from this law are the Raja, his close family, the parliament, and the HoG.

§4: If an individual acts against this law, he or she will be punished for treason. If an organisation acts against this law, it will be punished by a fine up to 3,000,000 M or forced to disband.

§5: This law is of high importance.

§6: This law is part of the constitution of Malivia and can only be changed by a 2/3rd majority.




6th Aricle:

Gerajanisation Law 3187
http://classic.particracy.net/viewbill.php?billid=328370

Proposals

Debate

These messages have been posted to debate on this bill:

Date14:41:05, September 23, 2010 CET
FromKonservative Partei Malivia
ToDebating the Constitution of Malivia
MessageWe agree.

Date01:42:10, September 24, 2010 CET
FromChildren of the Wrath
ToDebating the Constitution of Malivia
MessageThat is good, but this is just the law book. All laws in here are already agreed upon.

Date00:11:39, July 22, 2013 CET
FromPious Principle
ToDebating the Constitution of Malivia
MessageChildren of the Wrath always do their homework

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