Difference between revisions of "Epsilonian Republic/Constitution"
Minor (adding to epsilon republic category)
|Line 167:||Line 167:|
Art. 49. States can legislate their own laws for their local interests in their own assembly.
Art. 49. States can legislate their own laws for their local interests in their own assembly.
Their assembly cannot legislate separatist legislation without a referendum.<br>
Their assembly cannot legislate separatist legislation without a referendum.<br>
Revision as of 15:04, 8 February 2020
CONSTITUTION OF THE REPUBLIC OF EPSILON
Published: 1st of January 2020
Enacted: 13th of January 2020
Last Modified: 5th of February 2020
Considering that the institutions of the Republic need to be improved, not only to meet the requirements of a country’s good governance but also to satisfy the new needs of new territories.
We have decided to endow the State with a new Constitution, which, inspired by the constitution of the Principality of Monaco, shall henceforth be considered as the State's basic law and shall not be subject to unpopular amendment but with the wording that we have settled.
CHAPTER 1. THE REPUBLIC - PUBLIC POWERS
Art. 1. The Republic of Epsilon is a sovereign and independent State within the framework of the general principles of MRT rules.
Art. 2. The principle of government is elected and as such a constitutional democracy.
The Republic of Epsilon is a Republic under the rule of law, committed to fundamental freedoms and rights.
Art. 3. The executive power is exercised by the highest authority of the President, Prime Minister and government officials.
A: The President of the Republic of Epsilon is voted by a majority of members that have voted, serving two parliamentary sessions.
B: Appointed Ministers, such as the Prime Minister, are elected through and by the House of Representatives.
Art. 4. The legislative power is exercised by the House of Representatives.
Art. 5. The judiciary power is exercised by the courts and tribunals.
Art. 6. The separation of the administrative, legislative and judiciary function are guaranteed.
Art. 7. The National Flag consists of three equal stripes, cyan, white and cyan, arranged horizontally, cyan in the upper and lower part, and the white stripe in the middle part. There is also to be a blue stripe on the left side of the flag.
The use of these standard and flag is governed by the provisions of the Republic of Epsilon is dated to the 1st of October 2019.
Art. 8. The English language is the official language of the State.
CHAPTER 2. FUNDAMENTAL FREEDOMS AND RIGHTS
Art. 9. All Epsilonians are equal before the law in terms of the Judiciary. There is no privilege among them.
Art.10. Individual freedom and security are guaranteed. No one may be prosecuted except in cases provided for by law, before legally appointed judges and in the manner prescribed by law.
Apart from cases of flagrant offence, an arrest may be carried out only pursuant to the well-founded order of the judge, which must be notified at the arrest or at the latest within twenty-four hours. Any detention must be preceded by an examination.
Art. 11. No penalty may be introduced or applied except by law. Criminal law must ensure respect for individual personality and dignity. No one may be subjected to cruel, inhuman or degrading treatment.
Art. 12. Every individual has the right to respect of private and family life and confidentiality of correspondence.
Art. 13. Freedom of religion and of public worship, the freedom to express one’s opinions in all matters, is guaranteed, and the freedom of opinion in all matters extends to opinions expressed in all places, including the Republic of Epsilon discord, subject to the right to prosecute any offences committed in the exercise of the said freedoms. All forms of censorship (aside from those found to violate MRT rules and then requested to be reviewed by a staff member) be strictly prohibited and be reviewed by the Judiciary.
Art. 14. Property is inviolable. No resident of Epsilon should have any property seized by the government unless that property is found to be in violation of law. Eminent domain laws should be prohibited under the constitution, to prevent a corrupt government seizing the hard earned/built constructs of its populace.
Art. 15. Every person may defend the rights and interests of their occupation and function through an organised and approved trade-union action.
The right to strike is recognized, subject to regulation of law.
Art. 16. Epsilonians have the right to assemble peacefully and without arms in accordance with the laws that may regulate the exercise of this right without subjecting it to prior authorization. This freedom does not extend to open-air meetings, which remain subject to police laws.
Art. 17. Freedom of association is guaranteed, No law shall infringe upon this.
Art. 18. Anyone may address petitions to the public authorities that must be recognised.
CHAPTER 3. THE GOVERNMENT
Art. 19. Government is exercised, under the democratic will of the people of the Republic of Epsilon, by a President and a Prime Minister chosen by the House of Representatives.
Art. 20. The President represents the Republic of Epsilon. They oversee the federal executive services. He chairs the House of Representatives with a casting vote.
Art. 21. Proposed legislation are debated in the House of Representatives. They are presented to the Speaker of the House of Representatives who deals with the house’s affairs and with their permission; they mention the relevant proceedings.
They are signed by the President and approved by the House of Representatives; the President’s and/or the Speaker of the House of Representative’s signature makes them enforceable.
Art. 22. The President, Prime Minister and Government Councillors are all accountable to the People of the Republic of Epsilon for the Republic’s administration.
CHAPTER 4. THE HOUSE OF REPRESENTATIVES
Art. 23. The House of Representatives comprises of at least one member from each member town of the Republic of Epsilon, appointed for at least one parliamentary session by direct universal suffrage and by the list system under the conditions prescribed by law. In accordance with the conditions determined by law, the electors are Republic of Epsilon mayors with the exception of those deprived of the right to vote for any of the causes set forth by law.
Art. 24. Proposed legislation, which are excluded from debate in the House of Representatives and presentation to the Prime Minister, pertain to: - The affairs of the Direction of the Judicial Department - The appointment of members of the House of Representatives, the diplomatic and consular corps, the Prime Minister, the Government Ministers and assimilated civil servants, the magistrates in the judiciary - The dissolution of the House of Representatives - The granting of honor titles
Art. 25. Ministerial decrees are debated during the session of Parliament and signed by the Prime Minister; they mention the relevant proceedings. They are notified to the President within twenty-four hours after signature and become enforceable only in the absence of the President’s formal opposition within ten days after the Prime Minister’s notification. However, the President may let the Prime Minister know that they do not intend on exercising their right of opposition for some decrees or types of decrees. These are thereby enforceable as soon as they are signed by the Prime Minister.
Art. 26. House of Representatives proceedings are subject to a vote, by the present members. The House of Representatives mentions each members vote. Within five days after the meeting, the proposed legislation is either passed or blocked by a majority of members of the House of Representatives and is announced by the Speaker.
CHAPTER 5. THE JUDICIARY
Art. 27. In constitutional matters, the Supreme Court rules in sovereign fashion over:
1 ) Compliance of the House of Representatives rules of procedure with constitutional and, if need be, legislative provisions under the conditions prescribed by Article 22.
2) Appeals on petitions for annulment, petitions to review validity and actions for damages arising from violations of these rights and freedoms prescribed in Chapter II of the Constitution, and which are not referred to in subsection B of the present article.
B - In administrative matters, the Supreme Court rules in sovereign fashion over:
(a) Proceedings for annulment of ultra vires decisions taken by various administrative authorities or the Presidential Administration to enforce laws, and the award of related damages.
(b) Appeals by way of quashing decisions of last resort taken by administrative jurisdictions.
(c) Appeals for interpretation and petitions to review the validity of decisions of various administrative authorities or House of Representatives to enforce laws.
C - The Supreme Court rules over conflicts of jurisdiction.
Art. 28. The Supreme Court deliberates either in plenary session composed of five members or in administrative section composed of three members. It sits and deliberates in plenary session:
1°) In constitutional matters.
2°) As judge of conflicts of jurisdiction.
3°) In administrative matters on references ordered by the Speaker of the House of Representatives or decided by the administrative section. It sits and deliberates in administrative section in all other cases.
Art. 29. A sovereign order regulates the organisation and operations of the Supreme Court, especially relevant to the required qualifications of its members, incompatibilities regarding them as well as their status, the turnover of the administrative section’s members. the procedure to follow before the Court, effects of petitions and awards, procedure and effects of conflicts of jurisdiction, as well as necessary transitional measures.
CHAPTER 6. JOINING THE REPUBLIC OF EPSILON
Art. 30. All towns in the Republic of Epsilon are encouraged to have a noticeable flag in their town hoisted on soil and a banner in their town hall of the Republic of Epsilon.
Art. 31a. Members of the Republic of Epsilon must have representatives in the House of Representatives for their towns. The representatives will be distributed seats according to their rank. These representatives must be appointed into a political affiliation on wiki.
UNRANKED - 1 COUNCILLOR - 2 MAYOR - 4 SENATOR - 6 GOVERNOR - 8 PREMIER - 12 Art. 31a last modified January 28th, 2020, as per Epsilonian_Republic_House_of_Representatives#ER-03A-EMERGENCY.
Art 31b. Towns may not be granted extra seats for any reason aside from the town ranking up on the MRT. Art. 31b last modified January 28th, 2020, as per Epsilonian_Republic_House_of_Representatives#ER-03B-EMERGENCY.
Art 31c. Unranked towns must have a minimum of (1) fully completed building or structure in order to be admitted into the Republic, and gain seats in the House of Representatives. Art. 31c last modified January 28th, 2020, as per Epsilonian_Republic_House_of_Representatives#ER-03C-EMERGENCY.
Art. 32. Members have to allow free movement of people between any other town under the Republic of Epsilon.
Art. 33. Cities may leave at any time, whenever they see fit, for any reason. However upon leaving all Republic of Epsilon subsidies and projects in the town will be cancelled unless parliament decides to continue these projects.
Art. 34. Every town must respect the role of the House of Representatives and the Judiciary. However, you can opt-out on bills that you do not agree with for the town. All bills are to be voted on for a minimum of 7 days and incase of emergency situations, 12 hours.
Art. 35a: Election periods are to be as follows: (a) Elections may happen no later than four months after the previous election.
(b) Elections may happen no sooner than one month after the previous election.
(c) At any point after B, and before A, a member of Parliament with the support of 4 other members of Parliament may put forwards a vote to have a new election. Should this vote receive a majority "FOR" vote, parliament will be dissolved, and an election will begin no later than three days after the vote.
(d) Each election period shall last at least one week, and no more than one month, allowing ample time for debate, campaign, and the forming of manifestos and goals for the upcoming parliamentary term. Art. 35a last modified January 27th, 2020, as per ER-02A-EMERGENCY.
Art. 35b: Elections for Parliament are to be held through Google Forms. Elections for Parliament will last for a week, as specified in Article 35a, and will run concurrently with the Presidential Elections. The following conditions must be met in order for Parliamentary Election to be valid: (a) The Google Form must allow for each city to split its own seats between every extant party (including independent) however that city likes, and allow for that city (along with every city owned by that Member of the Republic) to split 'ALL' of its seats, should it choose to. (b) No party shall be excluded from the ballot. (c) Members of the Republic must be allowed to vote once for each of their cities. (d) Members of the Republic must be able to recant their vote by contacting the Minister of Elections with their verification code, and be able to request that their vote be deleted, allowing them to resubmit their vote. In order to vote, members would need to vote once for each of their cities, generating a different verification code each time, and messaging that to the Minister of Elections. If a city desires to revote, it may revoke its verification code by contacting the Minister of Elections, who is to then delete that city's vote, allowing them to resubmit their vote. Art. 35b last modified February 1st, 2020, as per ER-04A-EMERGENCY.
Art. 35c: Elections for the Presidency are to be held through Google Forms. Elections for the Presidency will last for a week, as specified in Article 35a, and will run concurrently with the Parliamentary Elections. Member of the Republic may vote exactly once, and in order to vote members must supply the Minister of Elections with a verification code that they used in the form. The following conditions must be met in order for the Presidential election to be considered valid: (a) The form itself must allow for the voter to rank each candidate, and no candidate, provided they are a Member of the Republic of Epsilon, may be excluded. (b) The ballots are to be calculated using the single transferable vote method, until only two candidates remain. Of these, the one with the most votes shall be elected as President of the Republic. (c) Members of the Republic must be able to recant their vote by contacting the Minister of Elections with their verification code, and be able to request that their vote be deleted, allowing them to resubmit their vote. Art. 35c last modified February 1st, 2020, as per ER-04B-EMERGENCY.
Art. 35d: The Electoral System shall be maintained by an elected official known as the Minister of Elections, who shall serve for '(1)', and only '(1)' consecutive parliamentary term at a time. This Minister is to ensure with utmost care that the electoral system remains open, accessible, and free. All changes put forth by the Minister of Elections to the voting system must be approved by the House of Representatives, with at least a '(75%)' FOR vote.
If the Minister of Elections is ever found to be tampering with this system without the permission of the House of Representatives, they are to be removed from the position, and banished from the Republic permanently. Investigations of corruption shall be handled by the Judiciary, and the Minister of Elections, along with any other Ministers, are required to cooperate. Art. 35d last modified February 1st, 2020, as per ER-04C-EMERGENCY.
Art. 35e: Following every election in the Republic of Epsilon, the Minister of Elections has at most, '(72)' hours to release results to the public in an accessible manner, in a way that all persons, both Members of the Republic and not, are able to see it. Percentage of the vote MUST be shown, and it is encouraged to list voting numbers as well.
Names and Verification codes are not to be released (with the exception listed below), and any Minister of Elections caught doing is to have their position put up for a vote, with them being unable to run for at least '(1)' term after. However, names and Verification codes are allowed to be released in one circumstance only, and that is under the suspicion of an individual voting more than once by using alternate accounts. Such data is to be handed over to the judiciary immediately, and then released publicly. Those not suspected of using accounts must have their names and verification codes remain private still. Art. 35e last modified February 1st, 2020, as per ER-04D-EMERGENCY.
Art. 36. Member cities have the right to protect themselves under their own banner. This, however, does not prevent the Republic of Epsilon from forming its own military from the support of members to protect its own interests and cities.
Art. 37. If there is an agreement that a member of the Republic of Epsilon should be kicked out for a justifiable reason, it needs the approval of the House of Representatives and Judiciary together.
CHAPTER 7. THE REVISION OF THE CONSTITUTION
Art. 38. The Constitution may not be suspended.
Art. 39. Any revision, in full or in part, requires the joint agreement of the President and a ⅔ majority of the House of Representatives. This cannot suspend the constitution, unless if the Judiciary, President and the entirety of the House of Representatives wishes a new constitution.
Art. 40. In case of initiative on the part of the House of Representatives, proceedings may be taken only by a two thirds majority vote of the normal number of members elected at the parliament.
CHAPTER 8. FINAL PROVISIONS
Art. 41. Prior constitutional provisions are repealed. The present Constitution immediately enters into force. The renewal of the House of Representatives shall take place within one week.
Art. 42. Laws and regulations currently into force remain applicable to the extent that they are not incompatible with the present Constitution. If need be, they must be amended in order to comply, as soon as possible, with the latter.
CHAPTER 9. AMENDMENTS
Art. 43: The administrative permissions over the Republic of Epsilon discord shall be granted to those elected to the ranks of President, Vice President, or Prime Minister. These permissions shall be revoked from the holders of these positions should they either lose a vote of no confidence, or have been found to have violated the constitution. A position of Minister of Communications shall also be established, which will serve as an appointed or elected discord Administrator. Upon a new election of a new President, the president may, at their discretion, appoint, or start an election for a new Minister of Communications. Art. 43 last modified February 5th, 2020, as per ER-05A-EMERGENCY.
Art. 44. Involuntary taxation of citizens of the Republic of Epsilon is prohibited.
Art. 45. The Speaker of the House of Representatives is guaranteed a vote, just like any other sitting member of parliament.
Art. 46. All government documents are to be added on the Minecart Rapid Transit Wikipage to ensure that documents are not stealthily edited by a member of government without the knowledge of the public. This will ensure transparency, and hopefully prevent any case of government confusion due to a rogue member of parliament corrupting the book of law itself.
Art. 47. States should be autonomous territories that have their own assemblies that do not compete with the Republic of Epsilon’s interests, for the funding of their own local interests. (One Country, Two Systems)
Art. 48. States should be subject to laws passed by the House of Representatives.
Art. 49. States can legislate their own laws for their local interests in their own assembly. Their assembly cannot legislate separatist legislation without a referendum.