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Fifth Constitution of Thaecia

FIFTH CONSTITUTION OF THAECIA
Section I - This Constitution is the supreme law of Thaecia, and any law or government action inconsistent with the provisions of this Constitution is, to the extent of the inconsistency, of no force and effect.
Section II - Amendments to this Constitution may only be passed with a 2/3rds majority in both Chambers of Parliament and the approval of the citizenry with a 3/5ths majority vote in a referendum.
Section I - All Thaecian Citizens are guaranteed the following rights without government interference;
The right to freedom of expression, opinion, and speech, insofar as this right is not exercised in a way that breaches NS rules;
The right to free association; this includes the right to form or join a political group or media organization;
The right to equal protection under the law;
The right to seek legal redress from government actions, including through votes of no confidence and the courts;
The right to stand for all offices elected by the whole citizenry;
The right to vote in elections and referendums unless they became a Citizen during the election or referendum they wish to vote in;
The right to be presumed innocent until proven guilty in a court of law;
The right to due process of law in all interactions with the government of Thaecia;
The right to representation in a court of law;
The right to a free, speedy, and fair trial;
The right to personal privacy;
The right to protection from ex post facto laws, bills of attainder, double jeopardy, and forced testimony against oneself.
Section II - The non-inclusion of a right on this list does not preclude its existence.
Section III - This Constitution guarantees the rights set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.
Section I - The Government shall be composed of the President, the Prime Minister, and Cabinet Ministers, the latter of which shall be referred to as Ministers for the purposes of this Constitution. Section II - The President shall serve as the Head of State of Thaecia, and shall serve outside of Parliament; they shall be charged with maintaining a democratic government open to all citizens. Sub-section I - The President shall have the power to sign or veto laws passed by Parliament, present interregional treaties to the House of Commons for ratification or repeal by a simple majority, and call for the early dissolution of one or both Chambers of Parliament. Dissolution of Parliament must be presented to the House of Commons, and the Senate if it is targeted by the dissolution. Sub-section II - A Presidential veto or early dissolution may be overridden by a motion approved by 2/3rds of the House of Commons. In the event of an early dissolution, the House of Commons will immediately cease ongoing business and debate the dissolution for 48 hours, during which time it may override the President; if the dissolution is overturned, another may not be called for the next 15 days. Sub-section III - There shall be a Vice President elected on a ticket with the President; the Vice President shall serve outside of Parliament; in times of vacancy the President shall nominate a replacement, confirmed through a simple majority vote in a referendum. Sub-section IV - If the position of President is vacant the Vice President shall become the President. A further line of succession may be provided for by law. Section III - The Prime Minister shall serve as the Head of Government of Thaecia, and shall serve as a Member of Parliament; they shall be charged with the faithful execution of Thaecian law. Sub-section I - The Prime Minister shall have the power to govern the region domestically and interregionally, sign executive orders and motions, and to appoint officers of the government. Sub-section II - The Prime Minister shall serve as the Commander in Chief of the Armed Forces of Thaecia. Sub-section III - If the Prime Minister or any of their Ministers vacate their position as Member of Parliament or Senator, they shall also vacate their position as Prime Minister or Minister. Section IV - The powers of the Prime Minister may be delegated to Ministers; the Prime Minister shall appoint at least a Minister of Domestic Affairs, a Minister of Foreign Affairs, and a Minister of Cultural Affairs; the Prime Minister may split Ministries into further subdivisions as they see fit. Sub-section I - The Prime Minister may, by a three-fifths vote of the House of Commons, create or abolish additional Ministries as they see fit. Sub-section II - Citizens may be appointed to the position of Minister if they are Members of Parliament, or Senators with the approval of a majority vote in the House of Commons; further officers of the government and ministries are not required to sit in Parliament. Sub-section III - Officers of the government may be dismissed from their position by the Prime Minister; at the conclusion of a Parliamentary term, serving Ministers continue as Acting Ministers until they are reappointed or replaced by the Prime Minister. Section V - If the President, Prime Minister, and a 2/3rds majority of Ministers agree, the President may ban a Citizen posing a significant risk to the sovereignty of Thaecia; any bans made under this section are subject to immediate judicial review to determine the legality of the decision. Section VI - There shall be a World Assembly Delegate of Thaecia, who must be the citizen with the most Endorsements in Thaecia; should a nation surpass the legal World Assembly Delegate in Endorsements, the Delegate may choose to eject them from the region for the period of one WA Update of the region of Thaecia in order to allow the Delegate to retain power. Sub-section I - The World Assembly Delegate shall serve until removal by Parliament or resignation. Upon the end of their tenure, the citizen serving as Vice Delegate shall succeed them. If there is no Vice Delegate, a snap election shall be held to fill the vacant seat. Sub-section II - There shall be a World Assembly Vice Delegate of Thaecia, who must be a citizen with between the second most and tenth most Endorsements in Thaecia. Sub-section III - The World Assembly Delegate reserves the final decision on their World Assembly vote.
Section I - The legislative branch of Thaecia shall be known as Parliament which shall consist of the House of Commons and Senate, and it shall have the power to create laws for the peace, order, and good government of Thaecia; it shall consist of members known as Members of Parliament and Senators respectively. Sub-section I - At the commencement of each Parliamentary term and in case of vacancy, the House shall by simple majority vote to elect one member to serve as Prime Minister. Further procedures for the Prime Minister’s election may be provided for by law. Sub-section II - If at least 1/3rd of the seated members of the House sponsor a motion of no confidence in the Prime Minister, or if the Speaker puts one to vote, all business shall be stopped and the Electoral Commissioner shall preside over debate and voting on the motion. Sub-section III - If the motion of no confidence passes with simple majority support, or the vote is a tie, the Prime Minister shall be immediately removed. Sub-section IV - If a motion of no confidence vote fails, for the next 15 days at least half of the seated members of Parliament must sponsor a motion of no confidence in order for the motion to be considered. Section II - The House of Commons shall consist of an odd number of members, numbering at least nine. The Senate shall consist of an even number of members, numbering at least six. Sub-section I - The size of either Chamber may be otherwise expanded or reduced via a motion approved by 3/5ths of Parliament and a simple majority of the citizenry in a referendum. Section III - The House of Commons shall, after each general election or when a vacancy arises, elect a Member of Parliament to lead the House's business as the Speaker by a simple majority vote. Sub-section I - The Speaker shall have the power to set the docket for the House, manage debate, call and administer votes, and maintain decorum; they may delegate this authority to other Members of Parliament at their discretion. Sub-section II - If at least 1/3rd of the seated members of the House sponsor a motion of no confidence against the Speaker, or if the Speaker puts one to vote, all business shall be stopped and the Electoral Commissioner shall preside over debate and voting on the motion. Sub-section III - If the motion of no confidence passes with simple majority support, the Speaker shall be immediately removed. Sub-section IV - If a motion of no confidence vote fails, for the next 15 days at least half of the seated members of Parliament must sponsor a motion of no confidence in order for the motion to be considered. Section IV - The Senate's business shall be led by the President. Sub-section I - The President shall have the power to set the docket for the Senate, manage debate, call and administer votes, and maintain decorum; they may delegate this authority to Senators at their discretion. Section V - In order for a bill to become law, it needs to have passed the House and the Senate with a simple majority vote and attain the signature of the President. Sub-section I - If the President has neither signed nor vetoed a bill within seven days of being notified of it having passed the House of Commons, the bill shall become law. Sub-section II - In order for a treaty to be ratified or repealed, it must be presented to the House by the President and be ratified by the House with a simple majority vote. Sub-section III - Should the Senate reject a bill as passed by the House, the House may overturn it and submit it to the President with a 2/3rds majority vote after 21 days; the House may amend a bill already amended by the Senate, sending it back to the Senate; the House may not outright overturn rejection of constitutional amendments. Sub-section IV - If the Senate fails to address a bill within 14 days of being notified of its passage by the House, the House may bypass the Senate and submit it to the President with a three-fifths vote; if this period extends to 21 days, the House may bypass the Senate with a majority vote. Sub-section V - If the result of a Senate vote is a tie, the President shall cast the tiebreaking vote. Section VI - In order for any vote to pass, at least half of members must have voted. Sub-section I - Only aye, nay, abstain, and votes for Prime Ministerial and Speakership candidates, shall count as votes for the purposes of this section; equivalent alternatives to these voting options may be provided for by law. Section VII - A simple majority shall be defined as there being more ayes than nays, or in the case of Prime Ministerial and Speakership elections, having more than half of the votes cast. A 2/3rds majority shall be defined as at least 2/3rds of the aye or nay votes cast being aye. The President may not cast a tiebreaking votes on matters that require more than a simple majority. Section VIII - Parliament may, by law, provide further rules and regulations on its functioning.
Section I - The judicial branch of government shall be led by the High Court of Thaecia, composed of between three and five Associate Justices.
Sub-section I - The Justices shall elect one of themselves to serve as the Chief Justice of Thaecia.
Sub-section II - The role of the Chief Justice is to appoint one Justice, which may include themselves, to a case presented to the High Court.
Sub-section III - Parties to a case may make a motion to have all members of the High Court sit on the case presented.
Section II - Other courts may be established by law to serve in the judicial branch of government, but the High Court of Thaecia shall remain the court of final appeal and its rulings shall be binding to all other courts.
Section III - The President shall nominate Associate Justices of the High Court and Judges of all lower courts; nominated Citizens require confirmation by a simple majority vote in the Senate in order to serve as Associate Justice.
Section IV - Justices shall serve for 180 days before they must be reconfirmed by the Senate.
Sub-section I - During the reconfirmation process the Justice maintains their position;
Sub-section II - The reconfirmation hearing follows the same process set out in Section III, and the hearing must occur immediately after current business has concluded;
Sub-section III - The President may choose to veto any Justice reconfirmation at any time during the process, vacating the Justice's office once their term has expired.
Sub-section IV - If a Justice's reconfirmation fails, they will vacate their office once their term has expired.
Section V - Any Justice may choose to decline reconfirmation in the four weeks before the expiry of their term. During this period a successor may be nominated and confirmed, when the Justice's term expires their successor takes their seat;
Sub-section I - A Justice may also choose to decline reconfirmation during the process, aborting their own reconfirmation and allowing a successor to be confirmed.
Section VI - During the first 18 days of any Justice's term ending and whilst there is no successor confirmed or the incumbent reconfirmed, the incumbent Justice shall retain their seat.
Section VII - If a successor is not confirmed or the incumbent Justice is not reconfirmed after 18 days of the incumbent Justice's term ending, the incumbent Justice shall vacate office.
Section VIII - Any court established by law may hear criminal cases and legal reviews.
Sub-section I - Only the High Court may hear legal reviews involving Constitutional questions and cases on appeal from lower courts.
Section IX - Any court established by law may, at their discretion, accept or reject a case application by majority vote.
Sub-section I - If a court rejects a case application it shall provide a public reasoning explaining the court's decision as soon as practicable.
Section X - In any case heard, a judgement shall be reached by majority vote and delivered as soon as possible.
Sub-section I - Any dissenting judgements, if delivering them alongside the majority judgement would be impractical or lead to unreasonable delay, may be delivered separately.
Section XI - Once the High Court rules, those involved in the case have the right to appeal the judgement within 30 days of the judgement delivery.
Sub-section I - In the event of an appeal, the Chief Justice must appoint a minimum of two Justices who did not sit on the original case, which may include the Chief Justice themselves, who must hear the appeal within a reasonable time frame. An appeal judgement cannot be appealed further.
Sub-section II - If it is not possible to appoint a minimum of two Justices to an appeal who did not sit on the original case due to an in bank motion or minimum size requirement, the High Court may hear an appeal case with Justices who sat on the original case.
Section XII - Parliament may, by law, provide further rules and regulation on the Court's functioning, as well as provide for automatic minimum Court sizes above one Justice for specific types of cases.
Section I - The people may, by a petition signed by a number of Citizens totalling at least 15, initiate recall on the President, Vice President, Vice Delegate, a Member of Parliament, or on a Senator.
Sub-section I - If a qualifying petition naming any recallable officeholder is presented to the Electoral Commissioner in a period other than within 14 days of a regularly scheduled election for their office or for 14 days following their inauguration to such office, the Electoral Commissioner shall start a recall referendum for the named positions as soon as possible with two options, one for the individual being removed from office and one against.
Sub-section II - If a majority votes for removal the officeholder shall be removed from office immediately and if applicable a snap election shall occur; if the vote retains the officeholder they shall be exempt from recall petitions for 21 days.
Sub-section III - A recalled individual may not run for the position from which they were recalled in the snap election triggered by their recall; if multiple elections for the same position they were recalled from are occurring at the same time as the snap election triggered by their recall, they may not run in any of them.
Section II - Parliament may, by a motion passed with simple majority in the House of Commons and a 2/3rds majority in the Senate, remove the World Assembly Delegate, Vice Delegate, President, Vice President, Chief or Associate Justice, or the Electoral Commissioner from their office for a specified cause.
Sub-section I - A motion of removal shall be debated and voted upon if at least 1/3rd of the seated members of the House sponsor a motion of removal against one or more eligible officeholders or if the Speaker chooses to do so.
Sub-section II - If a motion of removal vote fails, for the next 21 days at least 2/3rds of the seated members of the House must sponsor a motion of removal against the same officeholder in order for the motion to be considered.
Sub-section III - With the approval of the World Assembly Delegate, removal of the Vice Delegate shall only need the approval of the House.
Section III - The people may, by a petition signed by a number of Citizens totalling at least 12, initiate removal of assent to run for the Senate.
Sub-section I - If a qualifying petition naming any assent holder is presented to the Electoral Commissioner in a period other than within 14 days of a regularly scheduled election for the Senate, during a snap election for the Senate, or for 14 days following their inauguration to the Senate, the Electoral Commissioner shall start an assent referendum for the named positions as soon as possible with two options, one for the individual being removed from assent and one against.
Sub-section II - If a three-fifths majority votes for removal the assent holder shall be removed from assent immediately; if the vote retains assent they shall be exempt from assent removal petitions for 60 days.
Sub-section III - An assent-revoked individual may not regain assent by House vote or petition until the conclusion of the next scheduled Senate election; following this period, they must attain a three-fifths approval vote of the House in order to gain House assent; when assent is restored to a nation that has had it revoked, the President must choose to sign on the restoration of assent for it to become valid.
Section I - To be granted legal status as a Citizen, a resident of Thaecia must be in the World Assembly.
Sub-section I - The requirement to be in the World Assembly shall be waived if the resident can prove to the Prime Minister or any Minister that their World Assembly nation resides elsewhere and they have a non-WA puppet in Thaecia.
Sub-section II - The requirement to have a World Assembly nation in Thaecia may also be waived by the Prime Minister or their designee if the nation is enrolled in any legally constituted Thaecian military.
Section II - If a resident moves their nation out of Thaecia, or resigns their World Assembly membership whilst remaining a resident, they shall continue to be a citizen of Thaecia until the next World Assembly Update of Thaecia, upon which they shall lose their citizenship if they have not returned to Thaecia, or have not regained their World Assembly membership whilst a resident.
Sub-section I - If a resident moves their nation out of Thaecia and returns without World Assembly membership, they may retain their citizenship by gaining a waiver; any waivers already in effect since the last World Assembly Update shall remain in force if a nation returns before the next World Assembly Update occurs.
Sub-section II - These sections are not applicable if a nation is prohibited from Thaecia or is ejected from the World Assembly; in this case they shall automatically lose their citizenship.
Section III - No individual may have more than one nation holding Citizenship.
Sub-section I - If the Prime Minister, the Chief Justice, and a 2/3rds majority of Ministers agree; the Prime Minister may revoke an individual's Citizenship if the individual has violated Citizenship rules or does not meet Citizenship requirements; any revocations made under this sub-section are subject to immediate judicial review to determine the legality of the decision.
Section IV - Citizenship is a requirement for holding the offices of World Assembly Delegate, President, Vice President, Prime Minister, Minister, Member of Parliament, Senator, Chief or Associate Justice, and Electoral Commissioner.
Section V - An individual who is in any capacity prohibited from accessing the region of Thaecia will not be permitted to hold citizenship on their banned nation or any puppet nations. Any such nations must be removed from the region for the duration of their prohibition.
Section I - Elections among the whole citizenry shall be held for the House of Commons, the House, the President, the Vice Delegate, and the World Assembly Delegate during vacancy. Sub-section I - The term of any elected office shall end when a successor is duly elected and inaugurated in a scheduled election. Section II - Scheduled elections for the House of Commons, Senate, President, and Vice Delegate, shall be held approximately every four months; scheduled elections for the President and the Senate shall be held at the approximate midway point between House elections. Section III - Elections for the World Assembly Delegate, Vice Delegate, and the President shall use the instant-runoff voting system, and elections for the House of Commons and Senate shall use the single transferable vote system. Section IV - In order to run for the Senate, Citizens must gain assent; Citizens may gain asset by a simple majority vote of the House of Commons, or by a petition signed by a number of Citizens totalling at least 12 which is presented to the Electoral Commissioner, or by being an incumbent Senator. Sub-section I - Assent granted by a House vote lasts indefinitely; assent granted by petition lasts until the next scheduled Senate election; assent granted by incumbency lasts as long as the Citizen is incumbent, which cannot be removed. Sub-section II - If a Citizen holds petition assent and gains House assent, their petition assent shall be superseded; Citizens holding House assent may not gain petition assent. Sub-section III - Citizens may hold House or petition assent in conjunction with incumbency assent; revocation of assent only applies to their House or petition assent. Section V - Should an elected office become vacant and without a legal successor for reasons other than expiration of term, a snap election shall be held to fill the vacant seat for the remainder of its regular term. Sub-section I - Offices established by this Constitution may be vacated through expiration of term, a removal procedure established by this Constitution, or resignation. Sub-section II - If a vacancy arises after the final snap-election day before a scheduled election for the vacant position, a snap election shall not be held. Section VI - The Electoral Commission, led by an Electoral Commissioner appointed by the President and confirmed by a simple majority vote in the Senate, shall be given the task of organising elections and referendums as called for by this Constitution and the laws of Thaecia. Sub-section I - Additional regulations for the Electoral Commission and election procedure may be established by law.









