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Bill: On the subject of a New Constitution.

Details

Submitted by[?]: Rutanian Green Party

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: June 4100

Description[?]:

This bill would mark the start of a new Rutania as a Presidential Republic. We, the Liberal Democratic Party of Rutania, have rewritten the Constitution and decided on several new laws. We hope that this bill will pass to allow for a more modern Rutania.

Our nation's name will change from "The Commonwealth of Rutania" to "The Republic of Rutania", to reflect our new Presidential System, and we decide to adopt the following codified constitution:

The Constitution of the Republic of Rutania

Preamble
We, the people of the Republic of Rutania, do hereby ordain and adopt this Constitution for the Republic of Rutania.

Article 1: The Republic of Rutania
(1) The Republic of Rutania is a Sovereign and Democratic Nation and the Sovereign Power belongs to the people of the Republic of Rutania. Sovereign Power shall be exercised in the manner provided for in this Constitution.
(2) The Republic of Rutania shall be structured as a presidential, republican democracy with a unicameral legislature and an elected Head of State.
(3) The National Flag and Motto shall be the flag and the motto adopted by two-thirds of the total number of members of the People’s Assembly in accordance with the procedure set out in Article 3.
(4) This Constitution is the Supreme Law of the Land.

Article 2: The People’s Assembly
(1) There shall be a legislature for the Republic of Rutania, called the People’s Assembly, in which all legislative powers under this Constitution shall be vested. The People’s Assembly shall have a maximum of 600 members elected by each State in accordance with the provisions of Article 13 for a term of office of 48 months.
(2) The People’s Assembly shall have the power to make laws, to pass bills and legislation, to ratify treaties and international agreements, to amend this Constitution in accordance with the provisions of Article 15, and to ratify Cabinet Proposals in accordance with the provisions of Article 7.
(3) Each member of the People’s Assembly shall be enlisted in a political party and shall be entitled to one seat only. Political parties shall represent their voters in the People’s Assembly and cast their votes on their behalves.

Article 3: Legislative Process
(1) All political parties shall have the right to propose Bills.
(2) A Bill shall be passed by a simple majority of the members of the People’s Assembly present and voting, except in cases where the Constitution provides otherwise.
(3) A Bill shall lapse from voting should an election intervene, in which case it shall be returned to the People’s Assembly for debate.
(4) A Bill that has been passed by the People’s Assembly shall enter into effect immediately upon its passage.

Article 4: The Executive
(1) The executive power ultimately belongs to the Prime Minister, and he shares his powers as necessary with his cabinet.
(2) Executive decisions shall be entrusted in these bodies subject to the approval of the People’s Assembly.

Article 5: The Prime Minister
(1) The Prime Minister shall be the Head of State and Head of Government of the Republic of Rutania. He shall represent the Nation, guarantee its independence and see to it that this Constitution is observed.
(2) The Prime Minister shall be elected for a term of office of 48 months in accordance with the procedure set out in this Article and subject to the provisions of the sections 1 and 3 of Article 13.
(3) The Prime Minister shall be elected using a two round system. Each party shall have the right to
register one candidate for elections for the office of Prime Minister. A primary round of election
shall be held to select the two candidates for the second round.
(4) The two candidates having the largest number of votes in the primary election shall participate in the second round, the candidate having the highest number of votes in the second round shall be declared the new Prime Minister.

Article 6: The Cabinet
(1) The Cabinet is responsible for assisting the Prime Minister in exercising his executive power, and to propose policy changes to the Prime Minister.
(2) The Cabinet shall consist of 10 members. Each member shall direct an administrative department and is responsible for the tasks and functions entrusted to his or her department, subjected to the Prime Minister’s approval.
(3) The Prime Minister’s approval is required for any cabinet proposals to be proposed to the People’s Assembly. Should he be bypassed, and his consent not granted, any bills proposed shall be considered null and void, and shall not take effect.
(4) Should the Prime Minister refuse to approve a proposal, he may be overruled if a total majority of his cabinet agrees, including those Ministers not present or otherwise voting.

Article 7: Formation of Cabinet
(1) There shall be a Cabinet to assist the Head of State in the proper discharge of executive powers.
(2) Any cabinet must be ratified by the agreement of more than a half of the People’s Assembly, according to Article 3 of the Constitution, including those not present or otherwise voting.
(3) The Prime Minister is responsible for picking his Cabinet, and forming a coalition which is acceptable to most parties. This proposal must be submitted to the People’s Assembly within 4 months.
(4) The Prime Minister has the power to dissolve the Cabinet, and pick a new Cabinet. He may also dismiss a specific minister. However, this new Cabinet must be approved by the same procedure outlined in Article 7, Sub-section 2.
(5) If an election is held, and the position of Prime Minister's changes to another individual, the current Cabinet must dissolve itself to allow the Prime Minister to pick a new Cabinet. Otherwise, the Prime Minister may continue to work with his current Cabinet.
(6) Until such a time as a cabinet is formed, the Prime Minister will hold executive power alone, except where an objection is raised by the People’s Assembly, according to Article 3 of the Constitution.
(7) Political parties may propose to the Prime Minister their choices for the Cabinet members, but ultimately both the Prime Minister and the People’s Assembly must agree on the Cabinet formed for it to assume its responsibilities.

Article 8: The Judiciary
(1) The judicial authority shall be vested in a system of courts, both lower and constitutional. These courts shall have absolute power to ensure enforcement of the laws and constitution of the Republic of Rutania.

Article 9: Political Parties
(1) Political parties shall ensure that the will of the people prevails and, for this purpose, shall
represent their voters in the People’s Assembly.
(2) A political party shall be registered in accordance with the sovereign laws, and may be dissolved in
cases of inactivity or for violations of sovereign law.
(3) Representation in the People’s Assembly shall be determined through a general election in which all political parties may participate in accordance with the provisions of Article 13.

Article 10: Opposition Parties
(1) The opposition parties shall play a constructive role to ensure that the government and the ruling parties function in accordance with the provisions of this Constitution, provide good governance and strive to promote national interest and fulfil the aspirations of the people. Their aim must be to make the Government responsible, accountable and transparent.
(2) The opposition parties shall have the right to oppose the elected Government and to question the Governments conduct of public policy.

Article 11: The States
(1) The territory of the Republic of Rutania comprises of the states of Ardinia, Bozarland, Delvar, Khodor and Kragusrov. The national territory and the international territorial boundary of the Republic of Rutania is inviolable.

Article 12: Local Governments
(1) Certain powers may be devolved to the Local Governments by the People’s Assembly in accordance with the procedures set out in Article 3.

Article 13: Elections
(1) Under this Constitution, the general will of the people shall be the basis of government and it shall be expressed through periodic elections in which all political parties shall have the right to participate.
(2) The method used to determine the number of seats each State receives in the People’s Assembly shall be laid down by law in accordance with the provisions of Article 3.
(3) All political parties shall have the right to call for an early election at any time. A call for early elections shall require the vote of a majority of the total number of members of the People’s Assembly in order to pass, including those not voting or otherwise present. Elections shall be scheduled within 1 month after the bill passes.
(4) An election will be held every 4 years from the date of a previous election, whenever this is a regular or early election.

Article 14: The Rights of Citizens
(1) Our Citizens shall enjoy freedom of speech, freedom of association, freedom to strike, freedom to create political parties, the guaranteed secret nature of post and internet communications and the right to non-government interference in these and the freedom to appeal criminal sentences in a timely manner.
(2) These rights are guaranteed to every citizen of the Republic of Rutania, and cannot be denied, no matter the circumstances.
(3) Anyone who conspires to deny these rights to an individual shall be punished to the fullest extent of the law.

Article 15: Amendment
(1) Subject to the provisions of Article 3, the People’s Assembly shall have the power to amend this Constitution. Amendments shall require a vote of two-thirds of the total number of members of the People’s Assembly, including those not present or voting, in order to pass.

Proposals

Debate

These messages have been posted to debate on this bill:

Date18:57:33, October 03, 2016 CET
FromLibertarian Party
ToDebating the On the subject of a New Constitution.
MessageI believe that the name of the head of the state should be Prime Minister,I will support this bill but I think we can decide and arrive on a conclusion

Date18:57:58, October 03, 2016 CET
FromLibertarian Party
ToDebating the On the subject of a New Constitution.
MessageOkay I will support this bill

Date19:05:00, October 03, 2016 CET
FromLibertarian Party
ToDebating the On the subject of a New Constitution.
MessageI have already put the title of legislature bill to vote

Date19:39:38, October 03, 2016 CET
FromFormer Nationmaster of Rutania
ToDebating the On the subject of a New Constitution.
MessageOOC: I support this however I think we need to change the description slightly so as to make it more clear as to what exactly this bill will do. Can I suggest something like this:
This bill would mark the start of a new Rutania. The LDP have re-written the constitution and we have negotiated and decided on several new laws. We hope that this bill will pass to allow for a more modern Rutania. The title of our legislature has also been changed in a separate bill.
Article A- Name of the Nation, this article would rename our nation: "The Republic of Rutania"
Article B- New Constitution, this article would change our constitution to the new document written by the LDP. The proposed constitution is as follows: .....


This is so it is clear what the bill is doing and how it will affect our nation

Date20:30:47, October 03, 2016 CET
FromFormer Nationmaster of Rutania
ToDebating the On the subject of a New Constitution.
MessageMy party fully support this change. In the absence of a monarchy we believe this is he next best thing and will help streamline our democratic process.
Beatrice Lloyd
Leader of the CPP
Deputy PM

Date20:59:32, October 03, 2016 CET
FromNational Republican Alliance (NRA)
ToDebating the On the subject of a New Constitution.
MessageI agree but one thing is a bit to much for me.
If the Head of State is the only one that can propose a coalition we will never be able to create a proper coalition ever again for the simple reason that if the left or centre has a majority and there is a right president we have no way of getting a proper cabinet up and running.

Or am i the only one thinking about this?

Chairman Paul Prescott,

Democratic Front

Date21:18:20, October 03, 2016 CET
FromFormer Nationmaster of Rutania
ToDebating the On the subject of a New Constitution.
MessageI think in that case the Right wing PM would be forced to create a cabinet of the left of center parties so as Rutania is not left without a cabinet. Or the left would have to vote for a minority government of right wing parties or force and early election.
I think it will work, let's at least try it and see.
Beatrice Lloyd

Date23:01:29, October 03, 2016 CET
FromRutanian Green Party
ToDebating the On the subject of a New Constitution.
MessageAny cabinets need the support of at least half the legislature. That way, a right-wing larty can't force a completely right-wing cabinet if he dosen't muster the support. Political parties are also allowed to suggests cabinet members to the Prime Minister. The only thing being that he has to aprove such list, and a way to ensure that is for him to be the one to put forth the list to the Assembly.

Jackson Ruhr.

Date23:32:51, October 03, 2016 CET
FromRutanian Green Party
ToDebating the On the subject of a New Constitution.
MessageCan I count on the support of all political parties for this reform?

Date06:30:25, October 04, 2016 CET
FromFormer Nationmaster of Rutania
ToDebating the On the subject of a New Constitution.
MessageYes I will support

Date11:27:22, October 04, 2016 CET
FromRutanian Green Party
ToDebating the On the subject of a New Constitution.
MessageI believe I have satisfied the Democratic Front with my explanation. Seeing as there are no further objections, I shall move this bill to the floor, where I hope we can reach the 400 seats needed.

Jackson Ruhr.

Date13:07:15, October 04, 2016 CET
FromLibertarian Party
ToDebating the On the subject of a New Constitution.
MessageI agree with this bill

Date00:55:59, October 05, 2016 CET
From Democratic Socialist Party of Rutania
ToDebating the On the subject of a New Constitution.
MessageThe DSPR agree with the change of name fro 'House of Representatives' to 'People's Assembly'. However, here is a copy of a previous speech made in reaction to a recent attempt to merge the offices of Head of State and Head of Government, and to allow only the Head of State to propose a cabinet:

"Perhaps some do not realise the implications of this bill. Under the proposed system, any proposed cabinet must gain the support, not only of the majority of the House, but also of the head of state's party, which must be included in the cabinet.

This works fine if elections award both the Presidency and control of the House to the same bloc, but consider the scenario in which a head of state is elected from one bloc, and the opposing bloc wins a majority in the House.

This very scenario caused years of deadlock in Rutanias past, in which the Left, including the DSPR, won large majorities in the House but were prevented from forming a government by a President from the old Libertarian Party, which would not even join a joint cabinet for the sake of keeping the government running, and insisted on proposing right wing cabinets, which did not pass due to their lack of a majority.

Several early elections were held in a short space of time, in order to break this deadlock, but these returned the same outcome each time. In the end, the Libertarians continued in minority government, even when other Right parties dissolved, leaving key ministries vacant. This government held only de jure power, with the real power held by a de facto government led by the DSPR, which passed a radical socialist programme through the House.

This situation continued for many years, until a supermajority was finally reached in favour of reforming the constitution so that the offices of Head of State and Head of Government were separated, as they continue to be.

The DSPR urge all parties to vote against this bill so that Rutania is not plunged back into regular constitutional crises once again. "

Date00:56:29, October 05, 2016 CET
FromRutanian Green Party
ToDebating the On the subject of a New Constitution.
MessageCan the DSPR please explain their no vote? What did they find unsatisfactory in the Constitution? I assumed since your party did not object that you were willing to vote in favor.

Jackson Ruhr.

Date01:00:26, October 05, 2016 CET
FromRutanian Green Party
ToDebating the On the subject of a New Constitution.
MessageCan the DSPR please explain their no vote? What did they find unsatisfactory in the Constitution? I assumed since your party did not object that you were willing to vote in favor.

Jackson Ruhr.

Date01:01:10, October 05, 2016 CET
FromRutanian Green Party
ToDebating the On the subject of a New Constitution.
MessageOOC: Nevermind, just saw it. I have been on nerves the past couple of hours.

Date01:06:52, October 05, 2016 CET
FromRutanian Green Party
ToDebating the On the subject of a New Constitution.
MessageWe disagree with the comments made by our colleges in the DSRP. Whoever holds the presidency does not necessarily control the legislature: this is a key part of the system. This system is meant to create coalition governments, in which compromise is key. The Head of State is capable of ruling without a cabinet for a period of 4 months, as outlined in the constitution, as long as he has the support of the Legislature.

This system is meant to prevent gridlock. Of course, there are ways to abuse the system. When aren't there? I hope you reconsider, though, and give this system a chance. You might find that it does work in the end.

I am saddened that this issue was not brought up before-hand in the debate section. However, not everything will run smoothly, and I appreciate the candor in your comments.

Jackson Ruhr.

Date01:17:41, October 05, 2016 CET
FromRutanian Green Party
ToDebating the On the subject of a New Constitution.
MessageOOC: I mean to say "not everything runs smoothly..."

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Voting

Vote Seats
yes
     

Total Seats: 302

no
 

Total Seats: 54

abstain
   

Total Seats: 244


Random fact: Culturally Open nations can adopt advisory/non-enforceable Nation Descriptions. See http://forum.particracy.net/viewtopic.php?f=5&t=6242

Random quote: "The trouble with communism is the communists, just as the trouble with Christianity is the Christians" - Henry Louis Mencken

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