The Democratic System Act of 2015

Vista Major
Full Member

A New Age is Born

Posts: 322

Nation: Vista Major
WA Member: No
CFN Political Party: Progressive Independent Party

The Democratic System Act of 2015 May 16, 2015 19:47:59 GMT

Post by Vista Major on May 16, 2015 19:47:59 GMT

TO BE ABANDONED

~~THE DEMOCRATIC SYSTEM ACT~~

~~Constitutional Amendment~~

~~PREAMBLE:~~

It is within this, the Commonwealth of Free Nations, that we establish a government to protect the people and their inherent rights as citizens and non-citizens. Our intentions were noble, worthy of celebration and grand acknowledgement. But, our system of governance has come to a point where it is more power-driven than it is people-driven. Citizens feel disenfranchised with the Government, Non-Citizens do not feel compelled to even make an attempt to participate in regional affairs, and our Cabinet and Courts are full of people serving more than their fair share of times. With the writing of this constitutional amendment, We declare that the system shall henceforth and forever be governed by its citizens with this new-found authority.

~~SECTION I: THE DISSOLUTION OF THE CABINET~~

The Cabinet shall be reconstructed as the Executive Assembly, comprised of a directly-elected Chancellor (to serve as Head of State), and a 3-member High Committee, composed of residents elected through differing means.

The Chancellor shall be given authority over Military affairs, Internal and Foreign Affairs, Record-Keeping and the General Management of the Commonwealth of Free Nations.

The High Committee reserves the right to veto any decision made by the Chancellor, provided that a vote to veto reaches a majority threshold (⅔)
The First member of the High Committee shall be directly elected by Parliament. This member must be an Independent (not a member of a political party) and a Resident of the Commonwealth of Free Nations (foreigners are not allowed to serve).

The Second member of the High Committee shall be elected by the leaders of each legal political party in the Commonwealth of Free Nations. Each leader shall nominate one of their own members to serve, and deliberate to elect a candidate. If a decision cannot be reached in 5 days following the election of the Chancellor, then the Chancellor shall appoint the Second member based on the nominees selected by the political party leaders. The Chancellor cannot pick the nominee from his or her own party, if applicable.

The Third member of the High Committee shall be nominated by the Chief Justice, and confirmed via vote by Parliament. The nominee must be elected by at least a majority of 65%. If this threshold is not reached, then the Vice Chancellor shall become the Third member.

In the event that a member of the High Committee is incapacitated for any credible reason, the Chancellor has the right to appoint a citizen into the position until Parliament can confirm/vote on said citizen or elect their own replacement. If the incapacitation occurs within 15 days of the end-of-term, no replacement shall be chosen.

Any veto-decision made by the High Committee can be subject to reversal by the Chief Justice, should the Chief Justice have probable cause to do so.
The High Committee can impeach the Chancellor and/or Chief Justice if the decision is made via unanimous vote and a jury of 6 randomly-selected citizens can find the Chancellor and/or Chief Justice guilty of crimes at or above the level of Obstruction of Justice.

Parliament can carry out the impeachment of a High Committee member if 65% of the legislature vote in favor of impeachment and a jury of 6 randomly-selected citizens can find said-High Committee member(s) guilty of a crime at or above the level of Obstruction of Justice.

In the event of a war between the Commonwealth of Free Nations and an international power, the high Committee shall act as an advisory council to the Chancellor, and be able to vote against an action taken by the Chancellor, should said-vote be passed unanimously.

~~SECTION II: AUTONOMY OF THE PARLIAMENT~~

Parliament, and its Members, shall be restored with the ability to forge, pass and reject its own bills.

Neither the Chancellor nor High Committee can veto a law passed in Parliament with at least a 60% in-favor vote.

A bill passed with below a 60% in-favor vote can be vetoed collectively by the High Committee and Chancellor via a ¾ majority vote of veto.

The Chief Justice can call for Judicial Review of a bill, should there be evidence and probable cause that the proposed bill violates existing legislation without explanation or proper procedure.

Judicial Review of a bill shall be limited to the overviewing and rewriting of a bill to correct any legal inaccuracies.

If a bill cannot be rewritten to preserve the core purpose of the bill (as set forth in the bill’s preamble section) in-tact while keeping with legal acceptability, the bill can be struck down by majority-vote of the Chief Justice & his/her official Associate Justices.

~~SECTION III: DEMOCRATIZATION OF THE JUDICIAL SYSTEM~~

All trials that involve a citizen of the Commonwealth of Free Nations shall be overseen by a judge, and verdict/punishment delivered by a 3-member Jury.
The accused/Defense reserves the right to waive a trial-by-jury.

All criminal trials will be subject to mandatory appeal to a higher court, unless said-trial ends in an innocent verdict or the trial has already faced the Supreme Court.

Trials involving international persons or non-citizens shall be handled in the traditional fashion (trial-by-judge/no-jury), unless a high-level crime is being charged against said-individual(s).

All those who wish to practice law in the judicial system must pass an exam or class assigned by the Chief Justice and approved of the Chancellor.

The Parliament has the right to repeal any exam or class for judicial-certification via supermajority-vote (¾) or challenge it in Court.

~~SECTION IV: MISCELLANEOUS~~

Any section of this amendment can be repealed by a supermajority (¾) of Parliament.

Sections/articles of this bill can be added via supermajority (¾) of Parliament.

This amendment shall overrule any conflicting articles in any existing law.

REFERENDUM: NO VOTING ON FORUM. PLEASE DO NOT POST AND DELETE ANY POSTS MADE.

Last Edit: May 21, 2015 22:58:43 GMT by Vista Major

President of the COMMONWEALTH REGIONAL UNIVERSITY
Founder of THE PROGRESSIVE INDEPENDENT PARTY
Commonwealth of Free Nations

Everestopia Full Member Posts: 121 Nation: Everestopia WA Member: Yes CFN Political Party: United Commonwealth Party	The Democratic System Act of 2015 May 16, 2015 19:51:08 GMT Select Post Deselect Post Link to Post Member Give Gift Back to Top Post by Everestopia on May 16, 2015 19:51:08 GMT I hereby denounce this bill.
	Chancellor Emeritus Commonwealth of Free Nations

Acro Full Member Posts: 53 WA Member: Yes CFN Political Party: Libertarian Party	The Democratic System Act of 2015 May 16, 2015 19:56:06 GMT Everestopia likes this Select Post Deselect Post Link to Post Member Give Gift Back to Top Post by Acro on May 16, 2015 19:56:06 GMT denounced, this is not an Idea that will, in my mind, be even remotely helpful
	Minister of Justice Commonwealth of Free Nations

Ruclax
Court Administrator

Posts: 328

WA Member: Yes
CFN Political Party: Liberal Party

The Democratic System Act of 2015 May 17, 2015 14:25:13 GMT

Post by Ruclax on May 17, 2015 14:25:13 GMT

Perhaps some revisions on the Judicial Side:

All trials are done via, and by default, Bench Trial(without jury), unless otherwise requested by the defendant. And if the Defendant requests a trial by Jury then the protocol should be that three(or whatever number of jurors) hear the case with the judge presiding as usual. The Jury may deliver a verdict however punishments, sentences, orders and all those thing which the courts may compel someone to do...that power needs to stay vested in the judge. So a jury can determine guilty or innocents but the judge still maintains his or her regular powers and authority.(this is not to swallow power, but to ensure that all of the legal application of the verdict and process is adhered to and can be enforced).
Secondly is one should want a trial by jury and not bench trial, the the juros can not have any relationship with the accused or defendant.
However in this game it is hard to prove that which only can complicate things. Another thing that needs to be considered is that if you have trial via jury we also need jury selection. People to decide who goes on the jury and why. And we don't have enough active members to be jury, jury selection, police officers to investigate allegations not to mention we don't have any licensed attorneys yet.

I like the idea but the practicality of this working only give way to a whole other mess of problems.
Having a judge(s)_, who knows the law, and who decide the verdict and punishment and who have the final say, I know, IS NOT the IDEAL but for the purposes of this gamer and our situation IT IS the most PRACTICAL

Last Edit: May 17, 2015 14:26:28 GMT by Ruclax

Dr. Alexander J. Montclair
Professor of English, Jurist and Chairmen of the Liberal Party

Bearlong Full Member Posts: 43 WA Member: Yes CFN Political Party: Independent Speaker	The Democratic System Act of 2015 May 19, 2015 21:24:20 GMT Select Post Deselect Post Link to Post Member Give Gift Back to Top Post by Bearlong on May 19, 2015 21:24:20 GMT Denounced

The Democratic System Act of 2015

Post by Vista Major on May 16, 2015 19:47:59 GMT

Post by Everestopia on May 16, 2015 19:51:08 GMT

Post by Acro on May 16, 2015 19:56:06 GMT

Post by Ruclax on May 17, 2015 14:25:13 GMT

Post by Bearlong on May 19, 2015 21:24:20 GMT

© 2015 Commonwealth of Free Nations. All rights reserved.