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Bill: Constitution of Lodamun

Details

Submitted by[?]: Alliance of Liberals and Democrats

Status[?]: defeated

Votes: This bill asks for an amendement to the Constitution. It will require two-thirds of the legislature to vote in favor. This bill will not pass any sooner than the deadline.

Voting deadline: January 3926

Description[?]:

WIP

The people of Lodamun, seeking to create a democratic, just, and open government and society, do establish through this Constitution, the institutions and offices which will further the national interest, and preserve, protect, and defend the Liberty, rights and privileges of the People of Lodamun.

Article I: Legislative Powers
Section 1. The National Lodamese Assembly (NLA) is the supreme legislative body in the Republic and shall be the sole law making body.
Section 2. The NLA shall be headed by the Chairman of the National Legislative Assembly, who will be elected at the start of each term and shall order and regulate the conduct of business for the body. His term will last the term of the NLA.
Section 3. The NLA shall in its own manner, choose and establish other officers, positions, and committees as it sees fit.
Section 4. If a majority of its total remembers vote yea, then an early election can be called for both the Presidency and the NLA.
Section 5. All normal legislative items shall require only a simply plurality of votes to pass but legislation regarding supply, appropriations, and Cabinet approval requires an absolute majority of yea votes to pass.
Section 6. All treaties, and amendments to this Constitution requires 2/3 votes of approval to pass and become law. While only a Constitutional amendment can alter or repeal a constitutional amendment, a treaty can be repealed a majority vote of the total members of the NLA.
Section 7. There shall be 599 members of the NLA who shall serve for no longer than 4 years unless an early election is called.

Article II: Presidency
Section 1. The President of the Republic shall be the head of state and shall exercise the powers and functions of his office in an appropriate manner.
Section 2. The President in his duties shall dispatch and receive ambassadors and embassies, exercise his powers as commander in chief of the armed forces, in consultation with the Secretary of State and the Cabinet, and shall bear ultimate responsibility for protecting the union, sovereignty, and integrity of the Republic.
Section 3. The President shall be elected to a term of four years but if NLA calls an early election, then the President too shall stand.
Section 4. The President will nominate for NLA approval, the judges of the courts and other federal officers as prescribed by legislation.
Section 5. In consultation with the Chief Justice of the Constitutional Court, the Secretary of State, and the Cabinet, the President can issue pardons, and commutations of sentences rendered by the Federal Courts System.

Article III: Secretary of State and the Cabinet
Section 1. The Secretary of State (SoS) is the head of government, and shall exercise the appropriate powers of that office.
Section 2. The SoS shall chair the Cabinet, and together they will formulate, and execute national policy and ensure the laws are fairly and equitably followed and applied to the Republic.
Section 3. The SoS and the Cabinet are to be nominated and elected by a majority of the NLA and shall be held accountable to the NLA in all areas.
Section 4. The Cabinet will consist of the following officials:
-Secretary of State
-Minister of Foreign Affairs
-Minister of Internal Affairs
-Minister of Finance
-Minister of Defense
-Minister of Justice
-Minister of Infrastructure and Transportation
-Minister of Health and Social Services
-Minister of Education and Culture
-Minister of Science and Technology
-Minister of Food and Agriculture
-Minister of the Environment and Tourism
-Minister of Trade and Industry

Article IV: Constitutional Court and the Federal Court System
Section 1. Judicial power shall be exercised by the Constitutional Courts and the lower courts established here and other federal judicial officers that shall be established by the NLA.
Section 2. The Constitutional Court shall be the highest court in the land and shall be the ultimate authority in interpreting and defining the Constitution. It will consist of 11 jurists, with judges nominated by each party that has at least 1 seat in the legislature and the quotas for each party to have a judge on the court will be done in a manner proportional to their representation. When not activated, the sole permanent officer of the Court will be the Constitutional Secretary who will handle administrative affairs, and shall determine which cases appealed from the SCA shall merit appeal and consideration by the CC.
Section 3. The Supreme Court of Appeals will be the second highest court in the land and shall hear all cases appealed from the lower courts as well as have original jurisdiction in hearing cases relating to government ministers, the President, the Secretary of State, and those involving international law and treaties, and ambassadors and other diplomatic personnel. It will consist of 7 justices, and be chaired by a Chief Justice, all nominated by the President in consultation with the Cabinet and sent to the legislature for confirmation.
Section 4. There shall be three Federal Courts of Appeals that shall be the intermediary courts between the Constitutional Court and the Federal Provincial Courts. They shall be divided as follows:
-First Federal Court of Appeals shall hear appeals from the federal courts in Kregon, and Norstavan
-Second Federal Court of Appeals shall hear appeals from the federal courts in Rapula, Golavia, and Andalay.
-Third Federal Court of Appeals shall hear appeals from the Federal Civil Service Tribunal, and other appeals regarding federal corruption cases, and other cases involving federal officials or cases when the party was involved with the federal power.
Section 5. Each province will hold a Federal Provincial Court which shall be the trial court of the Federal Court System, and shall have original jurisdiction in all cases of federal law except where provided for by this Constitution.
Section 6. The Federal Civil Service Tribunal shall be a 5 member body which hears all cases arising from crimes committed by the Federal Civil Service.
Section 7. The President will nominate to the NLA the requisite number judges to ensure the judicial branch is fully manned. All judges shall hold their offices to no more than 25 years.
Section 8. On the advice of the Minister of Justice, the President shall appoint the Federal Civil Magistrates, one for each Federal Provincial Court to handle the execution of law and justice for federal affairs.

Article V: Rights and Liberties of the People of Lodamun
Section 1. The right of the people to assemble peacefully shall not be unduly infringed.
Section 2. The right of the people to worship in a free manner, without harassment cannot be infringed.
Section 3. The right of the people to petition the government shall not be infringed upon.
Section 4. The government shall interfere with the operations of the free press excepting in cases of regarding the national security, the printing of falsehoods, and other acts which undermine the truth and liberty of the press.
Section 5. The normal administration of justice shall be denied to no person of Lodamun, and these are to include public trials, public defenders for those who cannot afford it, trial by jury, and other tenets of justice.
Section 6. No person in Lodamun shall be subject to judicial punishment that includes torture, or corporeal punishment.

Section VI: Administrative Affairs
Section 1. The capital of the Republic will be at Port Golavia, which shall be a federal district, under direct administration of the federal government.
Section 2. The Federal Republic of Lodamun shall be the proper style of the country regarding affairs of state.

Proposals

Debate

These messages have been posted to debate on this bill:

Date11:15:53, October 05, 2015 CET
FromCourt of Shades
ToDebating the Constitution of Lodamun
MessageMr Speaker,

The CoS largely likes the look of this constitution.

However, the one area we disagree with is the Court System proposed.

We would prefer to have a much more streamlined court system, with less courts and where members of the Legislature, Executive, and Provincial Governors sit on the Highest Court of Lodamun, so that Justice can be delivered swiftly.

We have proposed the Court of Shades ideal Judicary in a separate bill: http://classic.particracy.net/viewbill.php?billid=449480
But we are eager to discuss this issue in depth with all parties.

Sophia Bird
Minister of Justice

Date18:27:26, October 05, 2015 CET
FromAlliance of Liberals and Democrats
ToDebating the Constitution of Lodamun
MessageMr Speaker,

We thank the Court for their input and will take it under consideration. We are pleased to help move Lodamun into a new, and liberal era based on law and human rights. The last vestiges of the racist Lodamese Nationalist state will soon be swept from this nation!
Perhaps as a compromise on the courts we can have a Supreme Court of Appeals to handle more final appeals while creating a Constitutional Council composed of members proportional to the make up of the Assembly to handle high constitutional law questions?

OOC: I'm not expecting the courts to be continuously manned but it's more of a we have them there if the RP need arises

Date14:03:59, October 06, 2015 CET
FromMetzian Party of Lodamun
ToDebating the Constitution of Lodamun
MessageM.Speaker,

As i not see any disturbance to the Lodamese Nationalism in the bill as stated by the Alliance of Liberals and Democrats;i don't know if they are intending to use it against that belief with this constitution.And my mind also tells that this will bring stability to the nation and to our non racist beliefs, i will support this bill.

Kaithery Sahadevan
UDHFU

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Voting

Vote Seats
yes
 

Total Seats: 44

no
   

Total Seats: 328

abstain
  

Total Seats: 227


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