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Enadian Union (EU)   

Constitution of the EU.

Latrovia | Published mon Oct 09, 2017 10:16 am | 873 Views

The Constitution of the Republic of Enadia

    Preliminaries

Overview

The Republic of Enadia, hereby referred to as the Republic, recognizes an objective, that which to ensure each individual nation with the region, hereby referred to as member-states, can establish individual jurisdiction in concordance with the Laws of the Republic set forth by Parliament herein. The Republic is a region that stands for protection of its member-states, prosperity, tranquility, and prosecution of those who breach the rights of fellow member-states. The Republic retains the rights to impose sanctions on regions who violate diplomatic terms mutually agreed upon, display aggression toward member-states or the region as whole, and hereby establishes stability upon an equal political landscape for all to participate in.

Establishment of the Republic

Ṩ.1 Stating with precise certainty that the Republic of Enadia was formed on the Fourth day of July in the year Two-Thousand and Seventeen. A Journey of a Thousand Miles Begins with a Single Step. Glory to Enadia.

Ṩ.1 §. 1 Recognising that no matter what race, creed, colour, gender, sexual orientation et. al. anyone might be, they are an individual and within this region any prejudices will be harshly punished via sanction.

Ṩ.1 §. 2 Consequently any member state who doth view such actions upon Right Honourable members must be reported to the President, Vice President, or a Minister, collectively referred to as the Cabinet, as soon as practicable.

Ṩ.1 §. 3 Hereby Announcing that on this day the Republic will be formally recognised under our national flag/emblem as a political force for good and a global leader in economic, social, and legal proceedings.

Ṩ.2 Reflecting upon the will of member-states of the Republic to build a common prosperity, this Constitution is henceforth established as the common law and Principle to which achievements may be earned. The Republic shall coordinate policy through the Parliament and the Cabinet exercising courtesy and encouraging open assembly from all member-states in the establishment of legislation. The Republic shall be a region open to all States respecting Principle established herein who pass application.

Ṩ.3 The Republic is established on values of respect for human dignity, common decency, freedom, democracy, equality, common law, and universal human rights. These are the values hereby referred to as the Principle and/or Common Law. The Principle is common to all member-states and shall be enforced throughout the region as violation thereof would constitute grounds for sanction.

Articles

Ꙗ.1 : By Blood and by Honour

Ṩ.1 By Blood and by Honour, henceforth known as Article One, or Ꙗ.1, is hereby established in the constitution of the Republic as order respect the Common Law, as established in the Preliminaries, to promote civil liberty and common decency throughout the region.

Ṩ.1 §. 1 Recognising that incidents, violations of Common Law, or other articles herein may occur from time to time, and that not any region be free from all strife or conflict between its inhabitants,

Ṩ.1 §. 2 Recognising the need for Common Law to ensure the establishment of peace and prosperity,

Ṩ.1 §. 3 Consequently violations of the Common Law will be met with sanctions brought upon by the Ministry of Justice during a fair and expedient trial. Repeated violations will be dealt with via further sanction up to and including banishment from the region if so ordered.  

Ꙗ.2 : System of Government

Ṩ.1 The System of Government, hereby referred to as Article Two, or Ꙗ.2, establishes the powers of government held by the Cabinet, their responsibilities to Parliament and the member-states, and shall not be amended from the formal structure of a Constitutional Republic. The structure of one elected President, and his Cabinet consisting of one Vice President, one elected Speaker of Parliament, and three appointed Ministers is as follows:

Ṩ.2 Election

On the first day of every third month election will be held for the office of President of the Republic, and Speaker of Parliament. The elections will be open to all of Parliament, lasting for 72 hours preceded by not more than 14 days campaigning. Member-states wishing to be considered for election must have been as such for not less than 30 days, have no violations of Common Law on record, and receive one endorsement from a fellow member-state during the campaign period. An endorsement does not equate to a vote. The election will be decided by majority rule. In the case of tie or margin of victory less than one percent, a second 72 hours of voting will commence between the two candidates receiving the highest number of votes. A third tie will then proceed to decision via the standing Cabinet requiring a majority decision.

Ṩ.3 Appointment

Upon which day the President of the Republic is sworn into office, not more than one week shall pass before Appointments are issued for Cabinet positions. Nomination for the position of Vice President of the Republic must be approved by the Speaker of Parliament. Nominations for the heads of Ministry must be approved by the Speaker of Parliament. Should member-states object to any nomination, possessing evidence to contradict said nominee’s ability to serve, or alleging corruption, said member-state shall at once raise issue in public forum to the Speaker of Parliament. The President may also elect to retain Cabinet members upon assumption of office, at which point nomination is not necessary.

Ṩ.3 §. 1 Sub-Cabinet Ministers serve at the pleasure of their Minister. Said sub-cabinet Ministers are subject to appointment and dismissal by said Minister. Appointment nominations must be approved by the President, and dismissal will follow proceedings set out in Section Four of this article.

Ṩ.4 Balance of Powers

If the President finds a Cabinet member in overreach of power, acting outside the bounds of one’s Ministry, or intentionally misrepresenting the Cabinet, the Republic, or its member-states, said Minister may be subject to sanction up to and including dismissal from office. If deemed necessary, formal charges may be brought upon said Minister by the Minister of Justice and brought to trial for punishment of crimes. In the case said Minister is the Minister of Justice, the Vice President of the Republic will assume said role. Dismissal from office must be proceeded by 72 hours notice, allowing said Minister to appeal to the Cabinet for a veto. A unanimous decision of the Cabinet must be reached within the allotted time to pass the veto, retaining said Cabinet member.

Ṩ.5 Delegation of Power

The President may, if required by state of emergency, extended absence, or as required if under investigation, delegate power to the Vice President. The Vice President will assume the title President Pro Tempore in said situation. Except in the case of investigation, power will be transferred back to the President immediately upon request.

Ṩ.5 §. 1 The Vice President, if required by extended absence or as required if under investigation, will delegate power to the Speaker of Parliament. Except in the case of investigation, power will be transferred back to the President immediately upon request.

Ṩ.5 §. 2 Remaining members of the Cabinet may, if required by extended absence, delegate power to an under-secretary or Deputy, or ascend power to the Speaker, Vice President, President, if agreed to by both parties and approved by the President. If under investigation, delegation of power may be retained by the President, subject to approval of the Speaker.

Ṩ.6 Ministry Expansion

Additional Cabinet or sub-cabinet level Ministries may be proposed by any member of Parliament to the Speaker of Parliament, a member of the Cabinet, Vice President, or the President to the Cabinet. Upon recommendation by a Cabinet member, a vote of the Cabinet will be called of which a majority rule is required to established said nomination. Upon passing majority rule in the Cabinet, a vote will be called of Parliament lasting 72 hours requiring a 2/3 approval percentage to create the Ministry. Upon creation, the President will be required to submit nomination for appointment in accordance with section three of this article.

Ṩ.7 Resignation

Any elected or appointed official retains the right to resign at any time proceeded by 72 hours notification to the Cabinet. Said resigned official retains the right to run for future election or be designated for appointment save for when said resigned official is sanctioned for violation of Common Law.  

Ꙗ.3 : Office of the President

Ṩ.1 Herein lies powers and responsibilities bestowed upon the elected President of the Republic, this hereby referred to as article three. Understanding that the President is the face of the Republic, that the President is ultimately responsible for the welfare and prosperity of all member-states, and the necessity to balance powers, the following is established:

Ṩ.2 Duties

The President is title as head of the region and leader of member-states. The President retains the title Commander-in-Chief during times of war. As Commander-in-Chief the President is responsible for officially declaring the region to be at a state of war, said declaration requiring a unanimous vote of the Cabinet. Should the President be required to delegate power per article two section five, the Minister of Defense will assume all responsibilities as Commander-in-Chief, with remaining duties falling the normal line of succession.

Ṩ.2 §. 1 The President is hereby empowered to raise a regional tax during times when such may be deemed necessary for the good the Republic and its member-states for their preservation. Tax Legislature may be submitted for consideration by any member-state to the Speaker of Parliament. Tax Legislature presented to the Cabinet will be passed into law upon unanimous agreement.

Ṩ.2 §. 2 Tabled legislature and pending votes shall be the first order of business for a newly elected President should any remain present and will be considered immediately upon completion of appointments.

Ṩ.2 §.3 The President may dismiss Cabinet members at his discretion, keeping in accordance with article two section four. Upon dismissal or vacancy, the President is required to submit nominations for said position to the Cabinet for consideration, and approval from the Speaker of Parliament is required to pass appointment.

Ṩ.3 Impeachment

Ṩ.3 §. 1 Official inquiries into the President of the Republic may be initiated by the Minister of Justice. Petition of inquiry may be brought forth by any member-state to an official serving the Ministry of Justice, up to and including the Minister. During a period of official inquiry, the President will retain title and office, but transfer powers to the Vice President, save for approval and dismissal of Cabinet members.

Ṩ.3 §. 2 In the case of formal charges levied against the President, the Minister of Justice must present these charges before Parliament, public notice will be issued, and the Vice President will assume the title President Pro Tempore until the trial is concluded and charges dismissed, upon which the President will retain office, title, and responsibility, or conviction, upon which the President Pro Tempore will remain as such until election of a new President. A fair and expedient trial will be upheld by the Minister of Justice administered no later than one week following the pressing of charges.

Ṩ.3 §. 3 In lieu of trial, proceeded by charges issued against the President, the Cabinet may call a vote of Impeachment. A unanimous vote of the Cabinet is required to formally issue a call to impeach before Parliament. A 2/3 majority vote is required of Parliament during a period not extending 72 hours to ratify the impeachment of the President. A writ of impeachment bars said impeached from holding the office of President again, and, if deemed necessary through trial, punishment up to banishment from the region.





Ꙗ.4 : Office of the Vice President

Ṩ.1 Herein lays the powers bestowed upon The Vice President, appointed by the President in accordance with article two section three, and approved by the Speaker, this hereby referred to as article four. The Vice President must meet criteria set forth in article two section two to be eligible for nomination to office. Understanding the Vice President is second in the administrative chain of command, responsible to the member-states, fellow members of the Cabinet, and answering ultimately to the President, the following is established:

Ṩ.2 Duties

Ṩ.2 §. 1  The Vice President stands as second in command of the Republic, the intermediary between the President and Parliament as necessary, and the tie breaking vote as needed to pass or reject legislation through the Cabinet.

Ṩ.2 §. 2 The Vice President is responsible for executing the duties as assigned from the President, upholding Common Law and the articles herein, is held accountable before the member-states, and shall not hinder legislative process, due process, and shall not slander or besmirch any fellow member-state without cause.

Ṩ.2 §. 3 The Vice President shall assume the title of President Pro Tempore in the event of Power Delegation per article one section five subs-section one. The Vice President is authorized to further delegate authority in this event or enlist the aid of staff as the Vice President sees fit per the article one section five sub-sections one and two.

Ṩ.3 Vacancy of Office

Ṩ.3 §. 1 In the event of resignation, the President retains the right to appoint a new Vice President from the currently standing Cabinet, or an eligible member-state per article two section two, following which normal procedure shall stand.

Ṩ.3 §. 2 In the event of dismissal, the Vice President retains the rights and responsibilities set forth in article two sections four and seven.

Ṩ.3 §. 3 During periods of vacancy, the responsibilities of the Office of the Vice President fall to the Speaker of Parliament and as the Speaker dictates or delegates.

Ꙗ.5 : Speaker of Parliament

Ṩ.1  Herein lay the powers bestowed upon the Speaker of Parliament, voice of Parliament, head of Cabinet Communications, henceforth referred to as article five. The Speaker of Parliament shall be chosen via majority election of Parliament, on the first day of every third month, concurrent with elections for the President of the Republic, and following procedure set forth in article two section two. Understanding the responsibilities of said office in maintaining good order and balance in the cabinet, the importance of fair representation of member-states, and the duties therein, the following is established:

Ṩ.2  Duties

Ṩ.2  §. 1 The Speaker of Parliament, hereby referred to as the Speaker, stands as head of Parliament, and member-state representation in the Cabinet before the Republic. The Speaker shall not infringe upon legislative or judicial rights of fellow cabinet members and, in order to maintain an equal balancing of powers, will be called upon to affirm the nominations of the Cabinet positions set forth by the President. Affirmation will not exceed 48 hours, and the right to consult with advisors, member-states or parties otherwise not named is retained by the Speaker. In event of an abstain or absence from the Speaker, the Deputy Speaker shall affirm or veto in his stead.

Ṩ.3  Vacancy of Office

Ṩ.3  §. 1  In the event of extended absence, period of inquiry or investigation, or resignation from office, the Deputy Speaker shall assume the Office of Speaker of Parliament in accordance with article two section five sub section two until such time that the Speaker returns and retains office, the Speaker is dismissed by trial, or submits resignation. Following dismissal or resignation, the Deputy Speaker shall hold the Office until such time that a fair and public election may take place, in accordance with article two sections two and seven. In the event of dismissal, the Speaker retains the right to appeal as set forth in article two section four.

Ꙗ.6 : Ministries of the Republic

Ṩ.1  Herein lay the powers bestowed upon the Ministers of the Cabinet, head officials of the specified Ministry, answering to the President, appointed by the President and confirmed by the Speaker, this hereby referred two as article six. The Ministers shall be appointed immediately following confirmation of election of the President, in accordance with article two section three. Understanding the necessity of Ministries and Cabinet members to balance power in the Republic, the need to execute specific duties as required for the prosperity of all member-states, and understanding the responsibilities of holding such office, the following is established:

Ṩ.2 Duties

Ṩ.2 §. 1  Each Minister has duty as prescribed to them by the President, as beneficial to member-states and the region as a whole, to be executed diligently, without excess delay, grandstanding, or neglection of course. Every appointed Minister serves at the pleasure of the President, and will serve as such until dismissal, resignation, or appointment of replacement following election.

Ṩ.2 §. 2  Each Minister is considered a member of the Cabinet, and as such is privy to all Cabinet meetings, matters, and votes. Each Cabinet member is required to be present for voting on matters of legislature, judiciary act, sanctioning, declaration of war, or other matters not stated requiring the attention of the Cabinet.

Ṩ.2 §. 3  Each Minister retains the right to control interdepartmental administration as seen fit, to include appointment of staff members, sub-Cabinet ministers if applicable, and appropriation of delegated budgeted funds to improve the Ministry and the Republic.

Ṩ.3 Vacancy of Office

Ṩ.3 §. 1  In the event of extended absence, period of inquiry or investigation, or resignation of office, said Minister may designate delegation of power to a deputy of staff, or unilaterally as acceptable by both parties as set forth in article two section five. If under investigation, the President then retains the right to assume duties and delegate as seen fit, subject to approval of the Speaker as set forth in article two section five sub section two.

Ṩ.3 §. 2  In the event of dismissal, said Minister retains the right to receive 72 hours notification, recommend an appointee, and appeal the dismissal. An appeal must be processed within the given 72 hours, at which point procedure in accordance with article two section four shall take place.

Ꙗ.7 : Voting in the Republic

Ṩ.1  All member-states of the Republic are considered equal. Recognizing the importance of political rights, a transparent governance, and corruption-free office, Parliament is hereby charged with the following maintaining efficient movement of legislature without grandstand or filibuster, and carryout out civic duty as member-states in voting when called upon during allotted time for doing so. These are the regulations regarding voting in the Republic, hereby referred to as article seven:

Ṩ.2 Majority Rule

Ṩ.2 §. 1  Unless otherwise set forth in the Constitution, under special provision, or in case not covered and set forth by the President, a majority of 51% will be required for a proposal to succeed. This is strictly held to concerning election of President and the Speaker, and passing of legislation concerning the Republic.

Ṩ.3 Amending the Constitution

Ṩ.3 §. 1  The Republic is ever evolving, growing, and learning, taking its steps, and as such will grow and requirement amendment to the framework of said Constitution, the process of which lays herein, hereby referred to as article seven:

Ṩ.3 §. 2  A proposed amendment may be submitted by member-states to the Speaker, upon which time the Speaker will present the amendment to the Cabinet. The Cabinet shall discourse, debate, rewrite, and otherwise come to a decision regarding said proposal. A 75% majority will pass the amendment through the Cabinet and to Parliament, where a 75% majority vote is also required.

Ṩ.3 §. 3  Upon approval from Parliament, the amendment shall be added to the Constitution, pending a call to veto. The President and the Speaker may declare a call to veto the amendment, and, if jointly called, shall direct the amendment back to the Cabinet for further discussion. Should the amendment be passed through once more, it is law, from that day until the last.

Ꙗ.8 : Judicial Process

Ṩ.1  The judicial process grants every member-state equal right and liberty in a court of law, that being the right to a fair and expedient trial, the right to remain silent facing inquiry or investigation, and all rights stated herein, henceforth referred to as article eight.

Ṩ.2  Proceedings

Ṩ.2 §. 1  Judicial proceedings within the Republic will be overseen by the Minister of Justice or his subordinate Magistrates as delegated. Said proceedings will be public for viewing of the member-states, conducted fairly and concisely, respecting Common Law and due process. Crimes committed against the Republic or individual member-states shall be dealt with immediately via inquiry by the Ministry of Justice. Upon discovery of evidence, an investigation shall be launched. Proof of charges levied against the accused will result in a trial to be scheduled not one week later than issuance of charges.

Ṩ.3  Cabinet Trials

Ṩ.3 §. 1  If charges against a member of the Cabinet are to be brought to trial, said member is to receive immediate notification, upon which the appropriate delegation of power shall commence in accordance with article two section five. The delegation must be approved by the President and Minister of Justice. An inquiry into the President brought to trial will result in delegation of power to the Vice President save for the power to appoint and dismiss members of the Cabinet.

Ṩ.4  Rulings

Ṩ.4 §. 1  Judgement from the Minister or Magistrate shall not be cruel and unusual, exceeding that which fits the crime. The maximum punishment, reserved for the most serious of crimes, is that of expulsion from the region. Punishment believed to be unfair, or a verdict incorrect, may be disputed by the President or the Speaker. If such a dispute is brought forth, a 72 hour vote will commence of all member-states, a 2/3 majority of which will pass.

Ṩ.5  Appeals

Ṩ.5 §. 1  Upon conviction, said member-state has 72 hours to file an appeal with the Ministry of Justice. The appeal will be reviewed by the Cabinet, and voted upon within 72 hours of the appeal being filed. Upon majority rule, the appeal may be granted, and Parliament will be called to approve the appeal during a 72 hour voting period, a majority rule of which will ratify the appeal and reverse all charges. No member-state will be subject to double jeopardy.


Ꙗ.9 : Citizenship

Ṩ.1  All independent states not previously removed from the Republic are hereby granted the right to apply for citizenship in the region, following the regulations stated herein, hereby referred to as article ten.

Ṩ.2  If the state seeking application for citizenship is not found to be in violation of stated barriers, is a member and follower of the World Assembly, agrees to the Principle, and vows to abide by all herein, said state will be granted citizenship in the Republic and considered a member-state


Ꙗ.10 : Symbols of The Republic

Ṩ.1  The flag of the Republic shall be the blue field of hopeful skies, the endless journey, and hope, with a white strip to symbolize peace and civil liberty spread by the Republic, and 21 stars circling our Lady of Enadia standing for justice.

Ṩ.2  The regional currency is hereby established as the Enadian Chronos.

Ṩ.3  The 4th of July is hereby recognized as Enadia Day in celebration of the regional founding.

Ṩ.4  The motto of the Republic is hereby “a journey of a thousand miles begins with a single step.”

Ṩ.5  The anthem of the Republic is hereby “Viva La Republic.”

Bill of Rights


Ṩ.1 This bill, established in recognition of the universal importance of civil liberty and duty to the Republic by all member-states, is hereby set forth for the region, established as Common Law. Infringement upon Common Law to include the Bill of Rights shall be met with prosecution as appropriate.

I.

The Republic shall make no law establishing national religion, restricting religious liberty, prohibiting free exercise thereof, or otherwise restricting any peaceable assembly.

II.

The Republic shall never restrict member-states in petitioning redress of grievances.

III.

The Republic shall not infringe upon the free speech of member-states.

IV.

The Republic shall not infringe upon protection from unlawful search and seizure of persons or property.

V.

Member-states maintain the right to due process, a fair and expedient trial in face of charges, and the right to appeal verdict.

VI.

Ministers hold responsibility to their constituents to run their Ministry efficiently, without needless sequester or delay. If a Cabinet member misses three votes and/ or Cabinet meetings without valid notice, said Minister is subject to removal from office.

VII.

Member-states shall retain the right to freedom of thought and decision and expression, alone or in community, public or private, to practice, worship, teach, and observe as said member-state so desires.


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