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Constitution           Year 8, Day 12; Ratified on Year 8, Day 98 From this day forward we declare the founding of a New Republic and the return of democracy as the leading governmental system in the Galaxy. The New Republic is committed to: We reject the personal accumulation of power, and believe that power should be used only in the service of others. This belief will be reflected and enforced by our actions. SECTION ONE: GOVERNMENT Article One: Powers 1.1 Powers shall be delegated by the people to an elected Senate in the following areas: 1.2 The Advisory Council exists with members equally split between military and civil leaders, and a total of no more than ten members. This council will supply the Senate and Chief of State with economic development, military, trade and commercial, legal, diplomatic, and intelligence advice. The council members will be responsible for decision-making within their respective departments, but the council itself is not a decision-making body. 1.3 A Chief of State shall be elected to chair the Advisory Council. Article Two: The Senate 2.1 The Senate shall contain nine members, each equal to the others in status. 2.2 The Senate shall be elected by the New Republic Citizens who fulfill the conditions at Section Five, in three elections per year, campaining starting at days 38, 158 and 281. Approximately one-third of the Senate (decided by the Chief of State in case of a discrepancy) shall be elected in every election. In the event of a greater number of Senate positions needing to be elected, more than a third of the members will be installed and the number of votes a candidate receives will determine which will serve out the full term and which will stand for re-election at the four and eight-month marks. The candidates with the most votes will serve the full term and those with the lowest number of votes will serve the shortest available term. In case of a tie, a run-off election will be held immediately with all tied candidates and run for a week. All remaining seat(s) still being contested will be up for the run-off election. The number of votes each voter gets for the run-off is the same as the number of seats still being contested. In the case of a tie during the run-off that continues to leave Senate seat(s) still in contention, the members of the senate for the new session will vote on who gets the seat, with the Chief of State breaking any ties that occur during this vote. 2.3 Any member of the New Republic may stand for a position of the Senate, except for: o Those who not fulfill the conditions on Section Five, including the notion that every time definition there placed must be for the last consecutive months; o Members of the Advisory Council; and o The Chief of State. 2.4 Campaigning will be held for ten days at the New Republic's Communication Center and may only be done in the proper threads. Each candidate will have two threads. One thread is to be used for questions and answers. The other thread is for the candidate to put forth their views. Spamming of campaign messages on the NR forum or in NR IRC rooms is not allowed. 2.5 The votes for the election for the Senate shall be open for one week and shall be entirely anonymous. The election can be extended for one more week at the Chief of State's request and/or more than fifty New Republican Citizens signatures at the Referendum Area. Each eligible member will have as many votes as there are seats up for election. Only one vote may be cast per candidate. The Chief of State shall be responsible for ensuring that the elections are clear and conspicuous. 2.6 A Senator can carry out other duties at the same time as being a Senator, and may stand for a position as a Senator while holding a leadership office within the Republic on the condition that this is not an Advisory Council office or the office of Chief of State. 2.7 If a Senator is unable to complete his term, the candidate from the previous elections with the highest number of votes who did not gain a Senate seat will be installed to sit out the remainder of the current session of the senate, at which point the remainder of that term shall come up for general election. Should no such candidate exist, the Chief of State shall appoint someone to sit out the remainder of the term. The conditions required of a Senator still apply to both above situations. Article Three: Chief of State 3.1 The Chief of State shall be elected by the New Republic Citizens who fulfill the conditions at Section Five in one election per year, campaining starting at day 351. 3.2 Any member of the New Republic may stand for Chief of State except for those who not fulfill the conditions on Section Five, including the notion that every time definition there placed must be for the last consecutive months. 3.3 The Chief of State may not hold any other position during his/her time in office. 3.4 The Chief of State is responsible for: o Breaking tied votes at the Senate. Usually, the Chief of State cannot vote; o Chairing the Advisory Council, and placing advice and proposals in front of the Senate; o Ensuring fair elections for the Senate; and o Leading the New Republic in name and action. 3.5 Campaigning will be held for ten days at the New Republic's Communication Center and may only be done in the proper threads. Each candidate will have two threads. One thread is to be used for questions and answers. The other thread is for the candidate to put forth their views. Spamming of campaign messages on the NR forum or in NR IRC rooms is not allowed. 3.6 The votes for the election for the Chief of State shall be open for one week and shall be entirely anonymous. The election can be extended for one more week with a majority vote of the Senate and/or more than fifty New Republican Citizens signatures at the Referendum Area. Only one vote may be cast per candidate. The Senate will be responsible for ensuring the election is clear and conspicuous or the Advisory Council in the case of the Senate being unable. 3.7 In the event no single candidate receives more then 50% of the votes, the two candidates receiving the highest numbers of votes will immediately face each other in a run-off election, open for one week. The two candidates may continue to campaign. 3.8 Upon election, a Chief of State appoints one of the Advisory Council members to take on the duties of Chief of State and to oversee immediate elections should the Chief of State become unable to fulfill his duties. Should the appointed council member become unavailable, a new one will be appointed. Article Four: Advisory Council 4.1 The Advisory Council is appointed on merit by Chief of State. The executive officer of the department concerned should be the first candidate considered for the position. 4.2 It consists of the Chief of Military Operations, the Minister of State, the Director of the Center for Republic Intelligence, the High Ambassador, the High Admiral of the Navy, the High Marshal of the Starfighter Command, the High General of the Army, the Minister of Trade and Industry, the Minister of Culture, and the Minister of Economic Development. 4.3 The Advisory Council is responsible for: 4.4 The High Admiral of the Navy, the High General of the Army and the High Marshal of the Starfighter Command will report directly to the Chief of Military Operations. The Minister of Trade and Industry, the Minister of Culture, and the Minister of Economic Development will report directly to the Minister of State. 4.5 The Director of the Center for Republic Intelligence and the High Ambassador will report directly to the Chief of State. Article Five: Votes of no confidence 5.1 Any senator or AC member may call for a vote of no-confidence in the CoS. If this happens then both the AC and the Senate vote seperately. If at least 66% of either body votes in favor of the no-confidence vote then a populace-wide vote is held. If a majority of the voting populace is in favor of the no-confidence vote, the CoS is required to step down and an emergency election is called (see Article Six). 5.2 Any Senator may call a vote of no confidence in any other Senator at any time. If this happens, then the entire Senate will vote. If at least 66% of the Senate vote for the no confidence motion, then the Senator must step down (see Article Six). 5.3 Any Senator or Advisory Council member may call for a vote of no-confidence in an Advisory Council member. If this happens then both the Advisory Council and the Senate vote separately. If at least 66% of either body votes in favor of no-confidence vote, then the council member will step down. The Chief of State may express no confidence in any Advisory Council member at any time, the member will then step down (see Article Six). 5.4 Any member of the New Republic in good standing and having been a member for at least 90 days, may call a vote of no-confidence in their division commanding officer. If that vote is supported by at least 10% of the members of that command with a minimum of two members, satisfying the same conditions, a vote will be held among all New Republic members. If at least 66% vote for the no-confidence motion, then the subject in question must step down. Article Six: Emergency Elections and Measures 6.1 In the event of a Chief of State resigning, dying in office or being voted out of office through a no confidence vote, the appointed member of the Advisory Council will assume temporary leadership of the Republic (assuming he meets the requirements in 3.2) on behalf of the Senate and Advisory Council. A full election will immediately be set up, in which the acting leader may participate and/or stand in just as any other member may. 6.2 In the event of an Advisory Council member resigning, dying in office or being removed under 5.3, a replacement will be immediately sought in accordance with 4.1. SECTION TWO: JUSTICE AND PUNISHMENT Article Seven: Legal Process 7.1 If any person breaks a law made by the Republic Senate, he/she may be detained and tried under Republic law. All trials are open to the public, except in cases where Republic secrets are at stake (to be decided by the Director of the Centre for Republic Intelligence). 7.1a Any being charged with offences relating to work at the Advisory Council level will be tried by the Senate, in which case 7 of 9 votes is required for a guilty verdict. 7.2 The Senate has the authority to appoint judges to serve at trials. For the trial they are serving, the judge should have little or no previous involvement or relationship with the defendant. Members of the Senate, the Advisory Council, and the Chief of State may not serve as trial judges, except in cases per section 7.1a. 7.3 All defendants are entitled to defence counsel. This can be any person in the Galaxy, excluding members of enemy factions, members of the Senate, members of the Advisory Council, and the Chief of State. If the person does not find their own defence counsel, they will be appointed one by the Senate. 7.4 Any member of the Republic may serve as a counsel for the defence or for the prosecution except members of the Senate, the Advisory Council and the Chief of State. The counsel for the prosecution will be appointed by the Senate. The judge(s) may veto a prosecutor or defence counsel if there is a conflict of interest. 7.5 If the defendant is found not guilty, he/she is released immediately following the trial, and is entitled to be returned to a location of their choice, excluding territory considered hostile by the Republic. 7.6 If the defendant is found guilty, the judge(s) will sentence accordingly at his/her/their discretion, within the limit of the law. 7.7 If the defendant is found guilty and sentenced, he/she may appeal to the Chief of State. The Chief of State may review the trial and has the power to grant a pardon. 7.8a Any New Republic citizen shall be subject to the Criminal Code. 7.8b Any being serving on any official New Republic Military Operation, serving in any branches of the New Republic Military, or member of any New Republic Private Sector Paramilitary Faction, shall also be subject to the Code of Military Justice. SECTION THREE: AMENDMENTS AND LEGISLATION Article Eight: Creating and Amending Laws 8.1 There are three possible legislative powers, all of which belong to the Senate • Amendments to the Constitution; 8.2 Amendments to the Constitution can only be made by referendum among New Republic members. 8.2a. Referendums may be proposed in any one of the following ways: i. The Senate brings forward an amendment, which must get a second and a third from the senate body to be brought forward.
ii. The populace gathers the number of signatures equal to or more than 1/3 of the votes cast in the previous Chief of State election (rounded up to the nearest whole number) on an amendment proposed by a citizen or group of citizens to go up for referendum. The petition shall be posted in a referendum petition area as a new thread with the first post being the original part of the constitution and the amended part below it. Those signing the petition will simply post their names once in that thread. The petition will then have 3 weeks from the first post to gather the necessary signatures, before continuing with 8.2b. Should the number of signatures not be reached within 3 weeks time, The amendment must wait until after the following senate election to be posted again.
8.2b. The Minister of State will post the amendment in a referendum voting area. 8.2c. There shall be a week of discussion between when the amendment is announced and when the vote begins. 8.2d Polls shall be open for one week. 8.2e The referendum passes if over 66% of the populace votes yes on the amendment. 8.2f If the referendum passes, it will go into effect immediately. If the amendment pertains to elections, the referendum is passed, and voting has started on another election besides the referendum vote, it will not affect that election and will take affect for the next election. 8.3 Amendments must be carried out if changes are to be made that contradict any statement made in the constitution. 8.4 If an issue is separate to the constitution, then an Act of the Senate can be passed. An Act can be passed by a majority vote in the Senate, and can include both policy and legal clauses. 8.5 An Act of the Senate is required to introduce new areas of laws – including crimes and maximum punishments, and commercial/economic law. 8.6 An Act may be presented to the Senate by a Senator, the Chief of State, Head of Civil, or Head of Military. 8.7 If an Act is passed by the Senate, it may be vetoed by the Chief of State who can then send it back to the Senate. If the Senate passes the Act again with at least a 70% majority, the Act becomes law. 8.8 The Senate may ask for amendments to an Act before passing it, in which case it may be presented again with amendments. However, they may not attach conditions to any vote. 8.9 Secondary Legislation consists of minor additions to existing Acts. It may not contradict anything stated in any Act or in the constitution, but may be added on top of current laws. 8.10 Secondary Legislation may be presented to the Senate by the Chief of State, Head of Civil, or Head of Military or a Senator. 8.11 Secondary legislation can be passed by a majority vote in the Senate. 8.12 If secondary legislation is passed by the Senate, it may be vetoed by the Chief of State who can then send it back to the Senate. If the Senate passes the legislation again with at least a 70% majority, the legislation becomes law. SECTION FOUR: ADDITIONAL POWERS Article Nine 9.1 Anything not expressly prohibited by the constitution is thus not governed under its laws and may be governed by Acts of the Senate. 9.2 All powers not delegated by the Constitution, and that which is necessary to the preservation of the good order of the Republic, shall be delegated by the Chief of State to such as he or she sees fit. SECTION FIVE: CITIZENSHIP AND RIGHTS OF THE INDIVIDUAL Article Ten: Citizenship and Rights of the Individual 10.1 New Republic Citizenship is granted by being a member of the New Republic, one of its Nationalized Companies or Private Sector Affiliates. 10.1.1 Any member that receives orders to leave the New Republic to aid a member of the Galactic Alliance is still considered a citizen. 10.1.2 Any member that is found to be Force Sensitive and decides to leave and train with a Galactic Alliance force group is still considered a citizen. 10.1.2.1 After Knighthood or the equivalent is obtained, if the individual has not returned to the New Republic, a Nationalized Company or a Private Sector Affiliate; then that individual is no longer considered a citizen. 10.1.2.2 Any member of a Galactic Alliance force-group without goverment status who was previously a New Republic citizen for at least three months can apply to CRI for restricted citizenship. If the force-group acquires goverment status however, restricted citizenship will be dropped. 10.1.3 Any member that leaves the New Republic, its Nationalized Companies or Private Sector Affiliates for another company (excluding exceptions in 10.1.3.1, 10.1.4, 10.1.4.1,and 10.1.5), decides to go freelance or joins a non-faction group loses their citizenship. 10.1.3.1 If a citizen should leave the New Republic, a Nationalized Company or a Private Sector Affiliate but return in not more than 7 days, their citizenship will not be lost and those seven days will be treated as a leave of absence. During this time they will have restricted citizenship. 10.1.4 Any citizen that leaves the New Republic, its Nationalized Companies or Private Sector Affiliates in order to create a new company will lose their citizenship if a Private Sector Agreement is not applied for in the seven day period referenced in article 10.1.3.1. 10.1.4.1 While the decision is pending on the Private Sector Agreement, the citizen will be granted restricted citizenship under the terms of article 10.3 until said Private Sector Agreement is granted or the individual returns to the New Republic, a Nationalized Company or a Private Sector Affiliate. 10.1.5 Any citizen that receives permission to leave under the Military Extended Leave of Absence is still considered a citizen. 10.2 New Republic Citizens are guaranteed the following rights: 10.2.1 The right to access the New Republic Communications Systems, which includes both the Holoforum and real time communication systems. 10.2.2 The right to Vote in all elections after serving three months in the New Republic, its Nationalized Companies or Private Sector Affiliates. 10.2.3 The right to campaign for an elected office once the requirements for said office are met. 10.2.3.1 Any citizen convicted for any crime of Class Three , will not be able to run for an elected office within the New Republic for a period of twelve months after his jail period ends. 10.2.3.2 Any citizen convicted for any crime of Class Two , will not be able to run for an elected office within the New Republic for a period of twenty-four months after his jail period ends. 10.2.3.3 Any citizen convicted for any crime of Class One , will not be able to run for an elected office within the New Republic. 10.2.4 The New Republic shall not pass any law preventing the free exercise of a religion nor shall any law be passed that limits the freedom of speech, the press, or the right of the people to peaceably assemble. 10.2.5 The New Republic shall not subject the people to unreasonable searches and seizures of their persons or belongings. No warrants shall be issued without probable cause or reason. 10.2.6 No person shall be tried twice for the same offense, nor shall any person be compelled to witness against themselves, nor be deprived of life, liberty or property without due process of law. 10.2.7 The New Republic will take no private property for public use without just compensation. 10.2.8 The New Republic shall not impose excessive fines, nor inflict cruel and unusual punishment. 10.2.9 The list of rights in the Constitution shall not be interpreted to deny other rights held by the people. 10.3 In certain circumstances restricted citizenship is granted. Restricted citizenship is defined as not having the right to vote or run for office. SECTION SIX: Center for Republic Intelligence Article Eleven: Center for Republic Intelligence (CRI) 11.1 The Director of CRI shall determine the availability of information regarding gathered intelligence and sources. 11.2 The CoS and the AC should be privy to all information necessary for the proper day-to-day operation of the New Republic. 11.3 The Senate should be privy to all information necessary for long-term planning and New Republic policy decisions. 11.4 The DCRI may refuse to divulge the identity of CRI agents, the status of specific CRI operations, and other similar items of information necessary for the security of the NR if it is deemed necessary. 11.5 The CoS or any AC member may call for a vote within the AC for such information to be divulged if it is deemed necessary. |
