New Constitution

[Хahar 🤔]

CONSTITUTION OF THE REPUBLIC OF ANTILLIA

Article 1: Parliament
I.   Chief legislative authority in the Republic of Antillia shall be vested in Parliament.
II.   Parliament shall be composed of at least one member from each province, and additional members elected through the mixed-member proportional system.
III.   Parliament shall make no law that is inconsistent with the Constitution.
IV.   Parliament shall elect from among its members a Speaker, who shall only vote if the body is tied.
V.   Any Antillian citizen qualified to vote may be elected to Parliament.
VI.   Parliament shall have the authority to determine the qualifications of its members, and may censure or expel any member with due cause and a two-thirds majority.
VII.   Parliament cannot carry out its duties without a quorum of two-third of all members.
VIII.   Any Parliament that has sat for at least one month may dissolve itself by a majority vote.
IX.   If a Parliament sits for five months, it shall be automatically dissolved.
X.   When Parliament is dissolved, new elections must be held within two weeks of the dissolution.
Article 2: Executive
I.   The head of state of the Republic of Antillia shall be the Speaker of Parliament.
II.   The head of government of the Republic of Antillia shall be the Prime Minister.
III.   The Prime Minister shall be elected by a majority vote of Parliament.
IV.   The Prime Minister must be a Member of Parliament other than the Speaker.
V.   The Prime Minister shall stay in office until a Measure of No Confidence passed by Parliament takes effect.
VI.   A Measure of No Confidence passed by Parliament shall not take effect until Parliament elects a new Prime Minister.
VII.   The Prime Minister shall appoint a Cabinet.
VIII.   One member of the Cabinet shall be appointed Deputy Prime Minister.
IX.   Any Antillian citizen qualified to vote may be part of the Cabinet, except for the Speaker of Parliament and judges in the court system.
X.   The Prime Minister and Cabinet shall execute laws passed by Parliament.
XI.   If the Prime Ministership becomes vacant, the Deputy Prime Minister shall become Prime Minister.
Article 3: Judiciary
I.   The highest court in Antillia shall be the High Court.
II.   High Court members shall be appointed by the Prime Minister.
III.   High Court members shall serve until death, resignation, or removal by a four-fifths vote of Parliament.
IV.   Parliament shall have the authority to designate further courts by law.
Article 4: Bill of Rights
I.   The right to free speech shall not be abridged.
II.   The right to a free press shall not be abridged.
III.   The right to freedom of assembly shall not be abridged.
IV.   The right to petition elected officials shall not be abridged.
V.   The right to freedom of religion shall not be abridged.
VI.   The right to use any language shall not be abridged.
VII.   The right to equality shall not be abridged.
VIII.   The right to a fair, public, and speedy trial shall not be abridged.
IX.   The right to remain silent shall not be abridged.
X.   The right to privacy shall not be abridged.
XI.   The right to freedom of association shall not be abridged.
XII.   The right to vote shall not be abridged.
XIII.   The right to freedom of movement shall not be abridged.
XIV.   The right of workers to organize collectively shall not be abridged.
XV.   The right to freedom from cruel and unusual punishment shall not be abridged.
XVI.   The right to freedom from servitude shall not be abridged.
XVII.   The right to freedom shall not be abridged.
Article 5: Ratification and Amendment
I.   To take effect, this document must be ratified by the Antillian Constitutional Convention.
II.   This document may be amended.
III.   To amend this document, Parliament must approve the prospective amendment, after which a referendum on the amendment will be held.
IV.   The amendment shall pass only if agreed upon by two-thirds of voters and one-third of the population of Antillia.
V.   Amendments shall consist of direct revisions to the text, rather than sections added to the end.

S.A. Khan
April 13, 1991

The process now will be to vote changes to this before it gets ratified. After debate and revision is done, we can move to a final vote; if it passes, we'll finally have a Constitution.

You can add a preamble if you want; I'm not good with soaring phrases.

[afleitch]

Strike XV.

Otherwise good work.

[Хahar 🤔]

Strike XV.

Otherwise good work.

I really should've worded that better. I meant it as a prohibition of torture and the like.

[afleitch]

Strike XV.

Otherwise good work.

I really should've worded that better. I meant it as a prohibition of torture and the like.

How about, for want of a better phrase 'cruel or unusual punishment'

[Хahar 🤔]

Strike XV.

Otherwise good work.

I really should've worded that better. I meant it as a prohibition of torture and the like.

How about, for want of a better phrase 'cruel or unusual punishment'

Sure.

[True Federalist (진정한 연방 주의자)]

4. XIV gives me some pause.  I'm strongly sympathetic to the rights of workers, but I'm worried that as written, it could give legal sanction to the sit-in strike, would bar any use of replacement workers whatsoever during a strike, would sanction the use of a strike during a contract, and finally allow strikes that threaten the national well-being such as strikes by policemen or fire-fighters.  It's simply too broad and absolute.

Suggest replacing it with:
XIV.   The right of workers to organize collectively shall not be abridged.
and leave it to the parliament to work out the penumbras of what labor actions are allowable and when.

I'll have further comments later.

[Platypus]

A good skeleton. My first suggestion is to scrap the bill of rights; my second to reform the method of appointing justices:

Article 3 Section 2: Justices of the High Court shall be appointed by the Speaker on approval by 2/3 of the parliament


Also, Article 2 Section 5: ...or until parliament is dissolved prior to an election.
Article 2 Section 7: The Speaker shall be responsible for the selection of cabinet upon advice from the Prime Minister
Article 2 Section 9: The Speaker shall execute laws as determined by Parliament
Article 2 Section 10: The Speaker may only refuse to execute a law if the Speaker resigns from the post or following a disollution of Parliament

_____________

Just some ideas. I'll come up with some more, i'm sure.

[Хahar 🤔]

A good skeleton. My first suggestion is to scrap the bill of rights;

We need to have some limits on our power, no? Just because Australia doesn't have one doesn't mean that we shouldn't.

my second to reform the method of appointing justices:

Article 3 Section 2: Justices of the High Court shall be appointed by the Speaker on approval by 2/3 of the parliament

The confirmation process may be a good idea, but 2/3 is too much. 3/5, maybe? And, IMO, having the Speaker formally appoint the Justices is simply a pointless and needlessly complicated ceremony.

Also, Article 2 Section 5: ...or until parliament is dissolved prior to an election.

I like the idea of having the term of Parliament and that of the Prime Minister stay separate. I think they do that in Italy (but don't quote me on it). Under your proposal, who would be Prime Minister during an election campaign?

Article 2 Section 7: The Speaker shall be responsible for the selection of cabinet upon advice from the Prime Minister
Article 2 Section 9: The Speaker shall execute laws as determined by Parliament
Article 2 Section 10: The Speaker may only refuse to execute a law if the Speaker resigns from the post or following a disollution of Parliament

My previous comments on the role of the Speaker stand.

Just some ideas. I'll come up with some more, i'm sure.

Great! I appreciated them, even if I didn't really agree with...any...of...them. But that's up to everybody, not just me.

[Platypus]

The reason I think we should scrap the bill of rights is that everyone has different views as to what those rights should be and there is lots of room to debate them. I know that almost nobody will be completely satisfied by the above proposal, and whilst we can never make everyone satisfied I would like for a bill of rights to be put before parliament for extensive reworking. I personally would like to see one passed within the first term, and i'm sure the parliament as a whole will feel similarly.

I also think it is necessary to limit the powers of the Prime Minister, at least officially. Having two people with power, even if only one is expected to act upon it, is a good idea in my view, because it prevents one person from returning us to the dictatorship from which we have just escaped. There needs to be some limitation on the prime minister's power, and the Speaker is as good a role as any. I also think that 2/3 is the best figure to keep the judiciary neutral, but perhaps a sub-clause stating:

"If three nominees for the same position on the High Court of the Republic are rejected in turn, any of the three may be appointed with a basic majority of parliament and the consent of the Speaker. If no candidate is acceptable to the parliament, existing members of the High Court may select an associate."

[Platypus]

Using Xahar's framework:

CONSTITUTION OF THE REPUBLIC OF ANTILLIA

Article 1: Parliament
I.   Chief legislative authority in the Republic of Antillia shall be vested in the Parliament of the Republic.
II.   The Parliament of the Republic shall be composed of at least one member from each province.
III.           Elections shall be run in accordance to procedures determined by the Parliament of the Republic with a two-thirds majority of its members and the approval of the Speaker.
-----------IIIa. The first election shall be run using a mixed-member proportional system. This sub-clause shall hold no power following the first election.
IV.   The Parliament of the Republic shall make no law that is inconsistent with this Constitution.
V.   The Parliament of the Republic shall elect from among its members a Speaker, who shall only vote if the body is tied.
VI.   Any Antillian citizen qualified to vote may be elected to Parliament.
VII.            All adult citizens over the age of 18 posts are entitled to vote, unless banned from entering the Republic of Antillia.
VIII.   The Parliament of the Republic shall have the authority to determine the qualifications of its members, and may censure or expel any member with due cause and a two-thirds majority.
IX.   The Parliament of the Republic cannot carry out its duties without a quorum of two-thirds of all members.
X.   The Parliament of the Republic may dissolve itself by a majority vote if the session has lasted for at least one month prior to dissolution.
XI.   If the Parliament of the Republic sits for five months without dissolution, it shall be automatically dissolved.
XII.   When the Parliament of the Republic is dissolved, new elections must be held within two weeks of the dissolution.

Article 2: Executive
I.   The head of state of the Republic of Antillia shall be the Speaker of the Parliament of the Republic.
II.   The head of government of the Republic of Antillia shall be the Prime Minister.
III.   The Prime Minister shall be elected by a majority vote of the Parliament of the Republic.
IV.   The Prime Minister and the Speaker must not be the same person.
V.   The Prime Minister shall stay in office until a Measure of No Confidence passed by the Parliament of the Republic takes effect or until a new Prime Minister is appointed by the Parliament of the Republic.
VI.   A Measure of No Confidence passed by the Parliament of the Republic shall only take effect subject to the election by the Parliament of the Republic of a replacement Prime Minister.
VII.   The Speaker shall be responsible for the selection of ministers upon advice from the Prime Minister.
VIII.          The Prime Minister shall appoint a cabinet from the ministerial ranks.
IX.   One member of the cabinet shall be appointed Deputy Prime Minister.
X.             One member of the cabinet shall be appointed Chancellor of the Treasury.
XI.            One member of the cabinet shall be appointed Attorney-General.
XII.            The Prime Minister, the Deputy Prime Minister, the Chancellor of the Treasury and the Attorney-General must all be members of the Parliament of the Republic.
XIII.   Any Antillian citizen qualified to vote may be any other minister, except for the Speaker and judges in the court system.
XIV.   The Speaker shall execute laws as determined by the Parliament of the Republic.
XV.           The Speaker may only refuse to execute a law if the Speaker resigns from the post or following a dissolution of the Parliament of the Republic.
XVI.   If the Prime Ministership becomes vacant, the Deputy Prime Minister shall becomes temporarily the Acting Prime Minister, until the Parliament of the Republic appoints a new Prime Minister through the usual means.

Rest to come.

[Хahar 🤔]

Sounds interesting, though "Parliament of the Republic" is fairly wordy.

[Hash]

Call it the National Assembly.

[Хahar 🤔]

Call it the National Assembly.

But then this game would be called "Mock National Assembly".

[Platypus]

Sounds interesting, though "Parliament of the Republic" is fairly wordy.

it is to seperate it from provincial parliaments.

You could have a definitions clause which lists 'Parliament' as the Parliament of the Republic of Antillia, along with some other stuff.

[Хahar 🤔]

Sounds interesting, though "Parliament of the Republic" is fairly wordy.

it is to seperate it from provincial parliaments.

You could have a definitions clause which lists 'Parliament' as the Parliament of the Republic of Antillia, along with some other stuff.

The provinces are only administrative boundaries; as the Constitution provides no limits to its power other than the Constitution itself, it basically establishes Antillia as a unitary state. This can, of course, be amended, but we should wait until we have enough people for meaningful provincial governments (which will probably be never).

[Platypus]

I like the idea of provinces having real power and parliaments, but those parliaments and their membership being determined by the GM---who should be in the constitution somewhere, actually.

[Хahar 🤔]

I like the idea of provinces having real power and parliaments, but those parliaments and their membership being determined by the GM---who should be in the constitution somewhere, actually.

GM=Chief (and probably only) Justice of the High Court.

[Platypus]

I like the idea of provinces having real power and parliaments, but those parliaments and their membership being determined by the GM---who should be in the constitution somewhere, actually.

GM=Chief (and probably only) Justice of the High Court.

We'll need to put more GM-related stuff in the constitution then.

As for ratification of the constitution, I would suggest this process:

1. Anyone can submit a constitutional plan
-----------submissions close May 12
2. The constitutional convention selects three plans for revision
-----------determined by May 20th
3. Each of the three plans is discussed, debated and modified until all three are returned to the constitutional convention
-----------process finishes by July 1st
4. Constitutional convetion votes on preffered plan
-----------detrmined by July 9th
5. Final amendments made to constitution before ratification
-----------process finished by August 1st

so our baby'll take 9 months to come into reality from conception

basically, i want the process to be as open as possible to as many people as possible, but to have set benchmarks for the completion of each task.

[Хahar 🤔]

I like the idea of provinces having real power and parliaments, but those parliaments and their membership being determined by the GM---who should be in the constitution somewhere, actually.

GM=Chief (and probably only) Justice of the High Court.

We'll need to put more GM-related stuff in the constitution then.

As for ratification of the constitution, I would suggest this process:

1. Anyone can submit a constitutional plan
-----------submissions close May 12
2. The constitutional convention selects three plans for revision
-----------determined by May 20th
3. Each of the three plans is discussed, debated and modified until all three are returned to the constitutional convention
-----------process finishes by July 1st
4. Constitutional convetion votes on preffered plan
-----------detrmined by July 9th
5. Final amendments made to constitution before ratification
-----------process finished by August 1st

so our baby'll take 9 months to come into reality from conception

basically, i want the process to be as open as possible to as many people as possible, but to have set benchmarks for the completion of each task.

May 12 seems a bit much, how about May 1? Unfortunately, the baby'll have to be premature. I haven't seen any sort of interest from anone else in creating a constitution from scratch.

[Platypus]

it doesnt have to be from scratch, it could be exactly the same as yours but with the title of Speaker changed. It's fairly clear you'll have a big role to play n the creaion of our constitution.

[Хahar 🤔]

it doesnt have to be from scratch, it could be exactly the same as yours but with the title of Speaker changed. It's fairly clear you'll have a big role to play n the creaion of our constitution.

I don't think we need a month for little changes, then.

[True Federalist (진정한 연방 주의자)]

I'm not concerned about the mechanics at this point.  Give me a couple of days to come up with an alternative bill of rights.   The one we have now gives us too much of a U.S. Constitution feel with its emphasis on negative rights and little mention of positive rights.

[The Man From G.O.P.]

We need more members...

[Хahar 🤔]

We need more members...

I've been doing some recruiting. Help out.

[Filuwaúrdjan]

I like the idea of provinces having real power and parliaments, but those parliaments and their membership being determined by the GM---

^^^

We can extend the principle to local government.