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Bill: Constitutional Renewal

Details

Submitted by[?]: Rutania Party

Status[?]: passed

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: March 4312

Description[?]:

The most important pierce of the Commonwealth is her constitution, as of current it is out dated. It needs correction and modernisation. In the past it was the hope of the Ruitaina Party to Modernise our constitution, and now we wish to bring this issue to the for font again. To set a fresh start moving forward in the Nation.

- Conrad Maxum RP Co-Leader
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As reference please look at the Old Constitution as needed http://classic.particracy.net/viewbill.php?billid=490055

For more clarity the Revised Constitution shall be listed first, and any/all amendments will be noted at the end.
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The Constitution of the Commonwealth of Rutania

Preamble
We, the people of the Commonwealth, do hereby ordain and adopt this Constitution for the Commonwealth of Rutainia.

Article 1: The Common wealth of Rutania
(1) The Commonwealth of Rutania is a Sovereign and Democratic Nation and the Sovereign Power belongs to the people of the Commonwealth. Sovereign Power shall be exercised in the manner provided for in this Constitution.
(2) The Commonwealth of Rutania shall be structured as a semi-presidential, Parliamentary democracy with a legislative Parliament and Executive Branch, an elected Head of State, and an appointed Head of Government.
(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 11.
(4) This Constitution is the Supreme Law of the Land.

Article 2: 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 Common Wealth of Rutania, and cannot be denied, unless a crises so great occurs that requires the Allocation of Emergency Powers to the President, however any suspened right shall be returned to them as soon a the Emergence Powers are lifted.
(3) All Citizens will be given the right of Suffrage
(4) Anyone who conspires to deny these rights to an individual shall be punished to the fullest extent of the law.

Article 3: The Executive Branch
(1) The Executive Branch shall be made up of the President, Vice President, Minister of Foreign Affairs and Foreign Affaires Committee
(2) The Executive power will Primarily belong to the President*, with certain powers shared with the Foreign Minister and Foreign Affairs Committee.

Article 4: The President
(1) The President shall be the Head of State, and Commander in Chief, of the Common Wealth of Rutania. He shall represent the Nation, guarantee its independence and see to it that this Constitution is observed. He shall represent Rutania abroad.
(2) The President has the right to choice if they'd like to have a Vice-Preisident, it the choice to do so, they must select them at Maximum 1 year or Minimum 1 moth before elections to run along side them.
(3) They shall be given the power to declare War with a 2/3 vote from the People's Assemble
(4) The President shall have powers as listed in Article 5, and Article 20, a vote Power over the Foreign Affairs Committee, the ability to push treaties directly to the People's Assembly for ratification and may put forward ambassadors for approval by the Foreign Affairs Committee.
(4) The President 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 Article 16.
(5) The President shall be elected using a two round system. Each party shall have the right to register one candidate for elections for the office of President. A primary round of election shall be held to select the two candidates for the second round.
(6) 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 President.

Article 5: Emergency Powers
(1) Emergency Power may be given to the President in times of great crisis. The President may ask for or be given Emergency Powers by the People's Assembly.
(2) Approval of Emergency Powers require the Signature of the Prime Minister, and a 2/3 Vote by the People's Assembly.
(3) While Emergency Power is active the President will be given allowance to deviate from some part of the Constitution as listed:
- The President may implement temporary policies which would normally violate national law; any suspended law will no longer hold any credence, but it is not struck from the rooster of active laws. After Emergency Powers are lifted the People's Assembly will review all suspended laws and re-implement them as they see fit.
- The President my suspended these right garneted by the constitution, freedom of speech, freedom of association, the guaranteed secret nature of post and internet communications and freedom of assembly.
- The power to dismiss any Ministers in the Prime Minister's Cabinet.
(4) Emergency Powers can be relinquished by the President Voluntarily or Revoked with a 2/3 vote from the People's Assembly

Article 6: Succession
(1) Upon the death, incapacitation, impeachment or other factors which disallow the President from continuing his current mandate, his powers shall be transferred to the Vice-President which he has selected.
(2) The Vice-President then shall be given the option of taking office as the new President or, call for mandatory elections as so a new President can be elected.
(3) If the Vice-President decide to take office they shall be sworn in as the new President, and reside over the nation for the remember of there predecessors term.
(4) If there is no Vice-President new elections must be called

Article 7: Vice-President
(1) The Vice-President is a largely ceremonial role, with no significant powers
(2) The role of the Vice-President is to act as a safe guard of the peoples will if the President if removed from his post, and take action as stated within Article 6.
(3) The Vice-President has the right to be informed and my sit as a observer within the Peoples Assembly, seat in on Foreign Affaires Committee meetings, be apart of Presidential meetings, and has a security clearance equal to the Presidents

Article 8: Foreign Affairs Committee:
(1) The Foreign Affairs Committee tasked with formulating a detailed foreign policy for the Commonwealth, designating which nations we consider allies, friendly, neutral, hostile, etc., advising the Peoples Assembly on foreign matters, through allowing them more access to classified information from our military and intelligence services, as well as regular contact with the Foreign Minister.
(2) They will be governed by the listed laws:
- http://classic.particracy.net/viewbill.php?billid=536581
- http://classic.particracy.net/viewbill.php?billid=537141
- http://classic.particracy.net/viewbill.php?billid=537277
- http://classic.particracy.net/viewbill.php?billid=545920
(3) They do not need the approval of the People's Assembly to Act on the Decisions Available to them as listed, however the President has powers over them.
(4) All foreign treaties must have approval from the Foreign Affairs Committee before the People's Assembly may ratify them. All treaties they vote on must first be preposed to them by the President or Minister of Foreign Affairs.
(5) All votes for the appointment of Ambassadors or any other action they can take require a simple majority vote
(6) In the hopes of keeping as much separations of interest between the Legislative and Executive Braches the members of the Foreign Affairs Committee can't be members of, or have been a member of the People's Assembly

Article 9: Legislative Brach
The Legislative branch shall be formed from the appointed Prime Minister, the Prime Minister's Cadent, and the People's Assembly

Article 10: The People’s Assembly
(1) There shall be a legislature for the Commonwealth, 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 750 members and Minimum of 175 Members elected by each State in accordance with the provisions of Article 15 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 20, and to ratify Cabinet Proposals in accordance with the provisions of Article 9.
(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 11: 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 12: The Prime Minister
(1) The Prime Minister shall be the Head of Government of the Commonwealth of Rutania. He shall be responsible for the everyday tasks of running the nation, conducting public businesses, setting forth the Cabinet’s agenda, and formation of cabinets presented to the People’s Assembly.
(2) The Prime Minister shall be selected by majority approval from the People’s Assembly’s.
(3) He shall be given the Power to declare war with a 2/3 approval of the People's Assembly.

Article 13: The Prime Minister's Cabinet
(1) The Cabinet is responsible for assisting the Prime Minister in the running of the Commonwealth, and to propose policy changes to the Prime Minister and People's Assembly.
(2) The Minister of Internal Affairs shall be entrusted to handle the everyday business of coordinating the Cabinet, of conducting Cabinet business, and submitting cabinet proposals to the Prime Minister for his approval, when he is unavailable.
(3) Each member of the cabinet (excluding the Prime Minister, and Minister of Justice) shall direct an administrative department and is responsible for the tasks and functions entrusted to his or her department.
(4) The Prime Minister has the right to fire Ministers from his cabinet, but in the case of coalition members in cabinet must renegotiate who takes there place.
(5) The Cabinet is the combined representation of the current government within the People's Assembly and is a requirement for the government to be considered official and if there is a Coalition government the Cabinet must have Minsters from all affiliated parties.
(6) The Minister of Internal Affairs and Minister of Foreign Affairs shall be considered the temporary Co-Leaders of the Cabinet and Duel-Heads of Government if the Prime Minister is no longer able to preform his role. They shall share powers and run the government until a new Prime Minister can be selected by the current government.
(7) The Minister of Foreign Affairs shall be given special privileges to act in both legislative and executive branches.
- Minister of Foreign Affairs shall be considered exempt from the Influence of the Minister of Inter Affairs in section 2, as they are equal in statics
- They my put up ambassadors for approval by the Foreign Affairs Committee
- Can put forward treaties to the Foreign Affairs Committee
- They are expected to work closely with the President
(8) The Minister of Justices
- Encharged with running the Judiciary and over sees the implementation of Laws
- Is incharge of appointments of Judges to the Constitutional Courts

Article 14: 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 Articles 10 and 16.

Article 15: 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 16: 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 10.
(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 17: The Judiciary
(1) The judicial authority shall be vested in a system of courts; Lower, State, National, and Constitutional. These courts shall have absolute power to ensure enforcement of the laws and constitution of the Commonwealth of Rutania.
(2) All Judges shall be chosen by the will of the people, required to run for election every 8 years, and can only work in the Judicial department they are elected for.
(3) All Judges must inforce first the Constitution and then any laws given to them by the People's Assembly.
(4) The Judiciaries functions fall under the Minister of Justices department.
(5) The Constitutional Courts shall be consider the highest court containing 50 members, it shall hold Jurisdiction over....
- People's Assembly
- President
- Vice-President
- Foreign Affairs Committee
- Prime Minister
- Prime Minister Cabinet
... and any and all cases involving individuals of these groups shall have there cases presided over by the Constitutional Court.
(6) Appointment to the Constitutional Court shall be handled by the Minister of Justice, so long as there is a open slot they my appoint any active judge to the Constitutional Court for life with the signature of the President or Prime Minister.
(7) Any Judge my be impeached by the People's Assembly with a 2/3, then put in front of a jury randomly selected Citizens for trail.

Article 18: The States
(1) The territory of the Commonwealth of Rutania comprises of the states of Ardinia, Bozarland, Delvar, Khodor and Kragusrov. The national territory and the international territorial boundary of the Commonwealth of Rutania is inviolable.

Article 19: 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 20: Amendment
(1) Subject to the provisions of Article 4 and Article 11, the People’s Assembly and the President shall have the power to amend this Constitution. Amendments may be done in one of two ways:

(a) Vote of two-thirds of the total number of members of the People’s Assembly, including those not present or voting, in addition to the signature of the President in order to pass.

(b) Vote of Three-Fourths of the total number of members of the People’s Assembly, including those not present or voting, in order to pass.
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Amendments listed in order of occurrence,

Amendment 1;
- The Change of the nations name with in the Constitution from "Republic of Rutania" to "Commonwealth of Rutania"

Amendment 2;
Article 1 Changes to Section 2,
- The Nation shall now officially change from a "Semi-Presidential, Republican Democracy with a Unicameral legislature", to a "Semi-Presidential, Parliamentary democracy with a legislative Parliament and Executive Branch" as for centuries it have not operated as a Unicameral Legislature and the change in the constitution needed.
- The full listing of all current governing bodies within the constitution, "an elected Head of State, and an elected Head of Government"
- The official changing of the Head of Government form a appoint position to elected position, as it is no longer a appointed position

Amendment 3;
Old Article 2,3 have been changed to Articles 10,11
Article 11 changes
- The Maximum amount of seats has been changed from 600, to 750. In addition a minimum of 175 seats has been put in place.

Amendment 4;
Article 3
- Changed to the Executive Branch
- The removal of most legislative ministers.
- The addition of the Foreign Affairs Committee
- The re-distribution of Executive powers
- Creation of the Vice-Presidency

Amendment 5:
Article 6
- Overhauled the succession proses for the presidency, simplifying it.

Amendment 6:
The addition/creation of the Vice-Presidency "New Article 7"

Amendment 7:
Article 8
The addition of the Foreign Affairs Committee

Amendment 9:
Article 4
- A redistribution of Powers to the President, and remove of Legislative Powers from him.

Amendment 10
Article 16 change to Article 2

Amendment 11:
Article 6 changed to Article 12
- The Prime Minister is given more independence and has been free from any influence of the president

Amendment 12:
Old Articles 8 and 9 where changed and combined into Article 12
- The most of the Presidents powers have been removed from the cabinet
- formation simplified and more powers have been given to certain ministers

Amendment 13:
Old Articles 11,12 have been changed to Articles 14,15

Amendment 14:
Old Article 15 has been changed to Article 16

Amendment 15:
Old Article 10 changed to Article 17
- More depth on the Judicuary was put in pace
(OOC: If we ever use it. lol)

Amendment 16:
Old Articles 13, 14 changed to 18, 19

Amendment 17:
Article 18 on 20
- Safe guards put in place so the constitution can not be abused
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Second Stage Amendments
Amendment 18:
Article 8
- Changes for powers over foreign treaties have been made to create a great blance of power between the Executive and Legislative Branch's. The Powers of the Cabinet over the FAC have been reduced, powers of the President increased, and more independence given to the FAC but a small reduction of power as well
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As per the current constitution ( http://classic.particracy.net/viewbill.php?billid=490055 ) Article 18 a 2/3 is requires to Amend and modernise the constitution

Proposals

Debate

These messages have been posted to debate on this bill:

Date22:53:57, November 09, 2017 CET
From Rutania Party
ToDebating the Constitutional Renewal
Message(OOC: Still editing, will let know when open for debate)

Date23:19:51, November 09, 2017 CET
From Rutania Party
ToDebating the Constitutional Renewal
MessageOpen to debate

Date03:12:28, November 10, 2017 CET
From Whig Party
ToDebating the Constitutional Renewal
Messagewe support

Date08:08:32, November 10, 2017 CET
From Rutanian Democratic Alliance
ToDebating the Constitutional Renewal
MessageOOC: Genuinely confused. Is it the People's Assembly or House of Representatives? The main page says House of Reps.

Date15:20:12, November 10, 2017 CET
From Civic Republican League of Rutania
ToDebating the Constitutional Renewal
MessageOOC: It was the People's Assembly for a long time but then was changed to House of Representatives a few elections ago.

Date16:49:31, November 10, 2017 CET
From Whig Party
ToDebating the Constitutional Renewal
MessageOOC: i feel like an idiot, i havent noticed that this whole time ive still been calling it the Peoples Assembly, I'd support this constitution so long as we change Peoples Assembly to House of Rep.'s

Date18:10:49, November 10, 2017 CET
From Civic Republican League of Rutania
ToDebating the Constitutional Renewal
MessageOOC: No problem. Some of us actually prefer the old name...

Date22:07:18, November 10, 2017 CET
From Rutania Party
ToDebating the Constitutional Renewal
MessageA small amendment has been made (Under Second Stage Amendments) to balance powers between the legislative and Executive Branches,

Date23:59:09, November 17, 2017 CET
From Whig Party
ToDebating the Constitutional Renewal
MessageOOC: renewel should be spelled (renewal)

I am in favor of the changes in the bill I just request that it be spelled checked before we submit it to the moderation

Date00:51:55, November 18, 2017 CET
From Rutania Party
ToDebating the Constitutional Renewal
MessageOOC: Spell check can be done

Date05:15:32, December 02, 2017 CET
From Rutania Party
ToDebating the Constitutional Renewal
MessageOOC: Did a final spell check if I missed anything let me know.

Date05:16:33, December 02, 2017 CET
From Rutania Party
ToDebating the Constitutional Renewal
MessageMr. Speaker

The RP will push forward the Modernisation of the constitution to the People's Assembly, for a 2/3 vote

subscribe to this discussion - unsubscribe

Voting

Vote Seats
yes
     

Total Seats: 493

no
  

Total Seats: 114

abstain
 

Total Seats: 143


Random fact: The voters enjoy active parties who take upon themselves the initiative to create laws.

Random quote: "You can only progress when you think big, you can only move forward when you look further." - Arria Ivmarus, former Selucian politician

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