The Constitution

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The Constitution
Coatofarms.png
Original title The Constitution of The People's Republic of The Communist Bloc
Commissioned by The Revolutionary Council
Author(s) Originally: Josh Conure & Zenny Winter (excludes amendments)
Subject The basic law of the government.
Purpose To provide the supreme law for the region, to establish the government and to gurantee fundemental rights to all citizens.

The Constitution of the People's Republic of The Communist Bloc​

Preamble​

Throughout their history, the people of the Bloc, working diligently and creatively and fighting courageously to build and defend their region, have forged a tradition of regionalism, solidarity, friendship , resilience, and indomitableness, and have created the community and culture of The Communist Bloc.

Our People have waged a protracted struggle full of hardship and sacrifice for regional independence and freedom and for their own happiness. In the wake of the triumph of the September Revolution, on September 27th 2015, the Proclamation of Revolution was posted, declaring the birth of the People's Republic of The Communist Bloc and the Workers' Party of The Communist Bloc. With the will and strength of the entire region and the assistance of friends around the world, our People have gained great victories in the struggle to liberate the region, reunify the region, defend the region, and fulfill international duties. Our People have recorded resounding achievements of historical significance in the cause of renewing and building the region towards socialism.

The Communist Bloc’s achievements in revolution and construction are inseparable from the support of the people of the world. The future of The Communist Bloc is closely linked to the future of the world. The Communist Bloc will consistently carry out an independent foreign policy and adheres to the principles of mutual respect for sovereignty and territorial integrity, mutual non-aggression, non-interference in others' internal affairs, equality and mutual benefit, and peaceful coexistence in developing diplomatic relations and cultural exchanges with other regions. The Communist Bloc will consistently oppose imperialism, hegemonism, and colonialism, work to strengthen unity with the people of other regions, and support developing regions in their just struggle to win and preserve regional independence and develop their regional culture, and strives to safeguard world peace and promote the cause of human socialist progress.

This Constitution is the fruit of the process of the people’s discussions throughout the region. It reflects the long-standing aspirations and strong determination of the regional community to strive together to fulfill the objective of building The Communist Bloc into a region of peace, independence, democracy, unity, and prosperity.

Article I: Declaration of the Rights of Citizens

(1) Citizens will be defined as those who have a nation within The Communist Bloc and have a forum account which has been accepted for citizenship on the current forum.

(2) All citizens are entitled to the freedom of speech, expression, the press, and belief, unless such freedoms mentioned above intend to discriminate or defame a group of people within The Communist Bloc or or such freedoms are employed to actively and maliciously work against the state.

(3) Citizens shall have the right to vote and run in elections for public offices if they meet all legal requirements for the action. Citizens shall also have the right to join and create political parties as long as they do not breach the Constitution or other laws.

(4) All citizens have the right to equal protection of the law without prejudice or discrimination; in particular, no law or citizen may discriminate against another citizen on the basis of race, gender, national or ethnic origin, skin color, religion, sexual orientation, gender identity, mental or physical disability, or age.

(5) All citizens shall have the inviolable right to privacy without legal warrant issued with probable cause from the judiciary.

(6) Citizens shall have the right to petition the government and political parties for a redress of listed grievances. The responsibility of addressing petitions falls upon the Central Committee and the leadership of the parties petitioned, respectively.

(7) Citizens have the right to a speedy, fair, and impartial trial within full view of the public. No citizen shall have to be tried for the same crime twice.

(8) All citizens shall have the right to an uninhibited family life, free from government intervention as long as such does not conflict with (4).

(9) The list of rights above do not prohibit any other rights a citizen has that is not transcribed herein.

Article II: The General Secretary and the Executive

(1) The Head of State of the People’s Republic of The Communist Bloc shall be the General Secretary, who shall serve a term of 60 days.

(2) The General Secretary shall be assisted in their day-to-day duties by a Deputy, who shall assist in leading the Cabinet. They shall be directly elected to a term concurrent with the General Secretary, in a separate poll. They may not be unilaterally dismissed by the General Secretary. The Deputy General Secretary may not be the same person as the Premier.

(3) If the General Secretary resigns or is otherwise incapable of holding their office, then the Deputy General Secretary shall succeed them. The Premier shall follow the Deputy General Secretary in the line of succession.

(4) The General Secretary shall represent The Communist Bloc within NationStates. The General Secretary shall serve as Commander-in-Chief of The Communist Bloc’s armed forces. Their Deputy shall be made a member of the command staff of the armed forces for the length of their tenure.

(5) The General Secretary, with the advice and consent of their Deputy, may issue Executive Orders that shall be recognized equally with legislation passed by the Central Committee. The Central Committee may repeal any Executive Order with a simple majority. No Executive Order may amend this document. No Executive Order may make provisions to restrict amendment or repeal of any Executive Orders from either the Central Committee or the General Secretary themselves.

(6) The General Secretary shall have the right to veto legislation, but such a veto can be overturned by a three-fourths majority vote in the Central Committee.

(7) The General Secretary may declare a State of Emergency with the advice and consent of their Deputy, and with a 2/3 majority approval of the Central Committee.

(8) The General Secretary shall preside over and determine the composition of the government, and as such, may create and abolish ministries with the advice of the Deputy General Secretary.

(9) The General Secretary can, with the approval of the Central Committee, resign and force the dissolution of the Central Committee before the end of its proscribed term.

(10) The General Secretary shall be responsible for appointing the World Assembly delegate of The Communist Bloc, with the advice of their Deputy, and direct the people to endorse them. The General Secretary may appoint themselves as the WA delegate.

(11) Should the General Secretary be elected as member of the Central Committee, or a Central Committee member as General Secretary, they shall resign from one of the two positions. They may choose which position to resign from. Their Deputy may be a member of the Central Committee, but must relinquish their seat if becoming General Secretary.

Article III: The Premier

(1) The Central Committee shall elect a member from among their ranks to serve as Premier. The Premier must achieve a 2/3rds vote of approval within the Central Committee to assume the office of Premier. The Premier's term shall end with the Central Committee’s term.

(2) The Premier shall serve as the Chairman of the Central Committee. The Premier shall conduct all votes among Committee members and ensure all internal regulation is followed. The Premier shall serve as a member of the Cabinet.

(3) The General Secretary shall appoint an Interim Chair to oversee the election of the new Premier. This position may not open votes for proposals nor have the constitutional normal powers afforded to the Premier. The Interim Chair may only serve to open and close the Premier Votes, and institute the options stated in Section 5 in the event of a deadlock.

(4) The Premier shall be a politically neutral position. The incumbent is prohibited from showing any favor toward or accepting the orders from any political party and its leadership. The Premier may still retain memberships and positions in political parties.

(5) If the Central Committee is at a deadlock for the selection of the Premier, the Interim Chair (the definitions of which are stated in Article III, Section 3) shall have the options to instate and oversee one of the following options:

  • The required threshold will be lowered to a simple majority, and the committee will choose between the three individuals that received the most amount of votes in the election. This will be followed by a public referendum of confirmation for the selected nominee.
  • The General Secretary will have full discretion in selecting a Premier for this term of the Central Committee. The General Secretary may only be allowed to choose from the Central Committee Members that received the most, second most, and third most votes in most recent the Central Committee election.
  • The Interim Chair shall ask the General Secretary to pass a vote of no confidence in the abilities of the current Central Committee (the General Secretary shall be obligated to accept).


Article IV: The Central Committee of The Communist Bloc

(1) The Central Committee of The Communist Bloc shall serve as the supreme legislative body of the People’s Republic of The Communist Bloc.

(2) The Central Committee shall have full discretion in the creation, amending, repealing, and editing of all legislation passed in The Communist Bloc.

(3) The Central Committee shall be composed of an odd number of members, to be determined by the population of the region before the dissolution of the previous term of the Central Committee. The amount of seats will be one per 120 nations in the region. The Premier shall serve as Chairperson of the Central Committee. The Central Committee may legislate to organize its internal functions and procedures.

(4) The Central Committee is to be elected to a term of 60 days.

(5) At the start of the General Secretary’s term, the General Secretary shall deliver a speech outlining the state of the region, the government and their agenda for legislation. This speech shall then have a non-binding vote of approval within the Central Committee.

Article V: The People’s Tribunal of The Communist Bloc

Jurisdiction

(1) The People’s Tribunal shall have jurisdiction over criminal and civil matters, as well as appeals.

(2) The People’s Tribunal may be allocated additional jurisdiction as per executive order, or legislation passed by the Central Committee.

(3) The People’s Tribunal may rule on the legality of executive orders, legislation and amendments in accordance to the constitution or other existing law.

(4) The People’s Tribunal shall rule on the impeachment of an individual official and a 2/3 majority shall be required of the Quorum for conviction.

(5) The People’s Tribunal may define their own procedure. All records of trial must be made available to the public.

Members of the Tribunal

(6) The Tribunal will be led by an internally selected Chief Justice, who will oversee the Tribunal and may assign cases to a Justice who will act as the lead member of a trial and moderate proceedings.

(7) The People's Tribunal shall consist of five members, who will be elected by the people every six months. Should a Tribunal member act in a manner unbecoming of their position or cease activity for a period of over two weeks the citizens may hold a referendum to recall that member.

(8) All Justices on the Tribunal shall be required to resign any party memberships and positions and identify as independent for the duration of their term, including Central Committee members who concurrently hold membership on the Tribunal.

(9) Should a Justice be elected to the position of General Secretary or a General Secretary to the position of Justice, they must relinquish one of the two positions. They may choose which to relinquish.

(10) Any Justice who concurrently holds a ministerial position will be prohibited from ruling or offering their opinion in any cases pertaining to the executive branch of government and its actions.

Quorum

(9) All Tribunal sessions require a quorum of three Tribunal members in order to try a case.

(10) Sitting members of a trial must not be directly involved in the charges either as the offender, victim, or accessory to the offence.

(11) It is the responsibility of the Justice assigned to lead the trial to form the required Quorum.

Impeachment of a Tribunal member

(12) The Central Committee may motion for the impeachment of a Tribunal member due to misconduct or inactivity which must pass with 2 / 3 in favour. The impeached member may not be reappointed for at least one month.

(13) The Tribunal, at the direction of the Head Administrator may call for impeachment of one of its own and an internal majority vote must pass to take effect.

Article VI: Dissolution of Government

Provisions of Dissolution

(1) The citizens of the People’s Republic of The Communist Bloc and the Central Committee shall have the power to call for a dissolution of the General Secretary and Cabinet with a ‘Vote of No Confidence’.

(2) The citizens of the People’s Republic of The Communist Bloc and the General Secretary shall have the power to call for a dissolution of the Central Committee with a ‘Vote of No Confidence’.

(3) Citizens must have the support of at least 5 other citizens to have their ‘Vote of No Confidence’ considered.

(4) Calls for dissolution must be accompanied by a detailed explanation to ensure sufficient information is provided to the people. The subject(s) of dissolution have the right to respond to any allegations and provide details regarding effectiveness or activity.

Procedures of Dissolution

(5) Government Dissolutions require a 3/4s majority in support within the Central Committee if the Central Committee is in session, followed by a public referendum requiring a simple majority in support of dissolution.

(6) The Deputy General Secretary may be removed from office by either a 3/4s vote in the Central Committee followed by a public referendum, or censure by the General Secretary followed by a public referendum. If the government is dissolved, both the General Secretary and their Deputy shall be removed from office.

(7) Central Committee dissolutions require a public referendum requiring a simple majority in support.

(8) A Vote of No Confidence shall be held as a public vote for all citizens of the People’s Republic of the Communist Bloc and shall last 48 hours.

  • The Vote shall ask “Do you support the dissolution of the General Secretary’s Government?” or “Do you support the dissolution of the Central Committee?”
  • The vote shall contain two options: “Yes” and “No”
  • The voting thread shall consist of an anonymous poll and must also provide links to all relevant information or threads put forward.
  • The voting thread itself must not be used to debate or otherwise be used to politically support either option.

(9) No new citizenship applications shall be processed for the duration of the vote.

(10) If the people vote to dissolve the Government or Central Committee, then elections will be held immediately.

Procedure for Recalling Individual Members of the Central Committee

(11) The process by which a recall election can be triggered is as follows:

(12) A petition must be written, describing precisely which members of the Central Committee should be recalled.

(13) If the petition has the support of 6 other citizens, a referendum will be triggered.

(14) In the referendum, if a simple majority votes in favor of recalling the CC members listed in the petition, a recall election, only with the purpose of replacing the listed CC members, and not necessarily the entire CC, will be triggered.

Procedure for Recalling Individual Ministers

(15) The process by which a recall election can be triggered is as follows:

(16) A petition must be written, describing precisely which Minister(s) should be recalled.

(17) The petition must include the reasons for a recall, which include, but are not limited to:

(i) Inactivity, corruption, and/or incompetence

(18) If the petition has the support of 10 other citizens, a referendum will be triggered.

(19) In the referendum, if a simple majority votes in favor of recalling the Minister(s) listed in the petition, that Minister is immediately removed from their position and the General Secretary shall appoint a new Minister to fill the position, with public approval via referendum.

(20) Any recalled Minister shall not be allowed to be appointed as Minister of the ministry they were leading during the recall, for the duration of the term they were appointed under.

Article VII: Citizen Ballot Initiatives

(1) Citizens of The Communist Bloc have the inalienable right to initiate a Referendum of Repeal to remove any Law passed by the Central Committee or Executive Order passed by the General Secretary.

Prerequisites for a Referendum of Repeal

(2) A list containing a minimum of at least 10 signatures must be presented upon initiating the referendum. (a) If such a list is not presented alongside the referendum it will be considered illegal and shall be suspended immediately.

Procedure of a Referendum of Repeal

(3) All Referendums of Repeal will be overseen by the Chief Justice of the People’s Tribunal to ensure protocol as stated by this amendment is followed.

(4) A Referendum of Repeal can only be enacted within the General Gallery.

(5) Such a referendum shall last for a period of 48 hours

(6) A Referendum of Repeal for an Executive Order or Law can only be initiated 24 hours after the bill or Executive Order in question has passed into law.

(7) Laws and Executive Orders may only be repealed if more than 50% of a minimum of 20 total votes be in favor of the repeal.

Safeguards to the Citizens’ Imperative Mandate

(9) If an Executive Order passed by the General Secretary or Law passed by the Central Commitee is repealed, an Executive Order or Law aimed at accomplishing the same or a similar goal cannot be enacted by that executive administration or session of the Central Committee.

(10) If the citizens believe the Central Committee or General Secretariat is attempting to enact legislation of the same or similar motive, they may call upon the People’s Tribunal of The Communist Bloc. Said body will decide whether or not the legislation in question has the same or similar motives. If it is decided that the legislation is repetitive or similar it will immediately be tabled.

(11) If the Central Committee or General Secretariat passes more than three pieces of legislation that get repealed by the public through a Referendum of Repeal, that session of the Central Committee or Administration of the Executive Government will automatically be dissolved and a new election will take place.

Article VIII: Amendments

(1) All amendments to this document shall require a two-thirds majority in the Central Committee and a majority referendum voted on by the citizens of The Communist Bloc.

(2) All referendums of constitutional amendment must present the original articles alongside the proposed amendment.

(3) If all amendments to this document are approved, they shall be considered binding law.

(4) No amendment shall be passed that results in a constitution that contradicts itself.

Amendments Ratified

First Amendment - Amends the Constitution to set the Premier as Chairperson of the Central Committee.

Second Amendment - Amends Premier voting powers in the Central Committee.

Third Amendment - Amends the Constitution to allow voters more transparency in constitutional referendums.

Fourth Amendment - Amends the Constitution lowering Guide veto powers to a simple majority overturn threshold.

Fifth Amendment - Judiciary Reform to a joint Tribunal system.

Sixth Amendment - Term length adjustments.

Seventh Amendment -Procedures for Dissolution of the Government.

Eighth Amendment - Bans Political Parties.

Ninth Amendment (Alpha) - Judicary Changes.

Ninth Amendment (Beta) - Disallows General Secretary to be a member of the Central Committee, and vice versa.

Tenth Amendment - Sets out term length for Premier.

Eleventh Amendment - Procedures for removal of individual members.

Twelfth Amendment - Changes Nations:CC ratio.

Thirteenth Amendment - Changes required majority for dissolution of government.

Fourteenth Amendment - Permits the establishment of political organizations.

Fifteenth Amendment - Removes most references to the Worker's Party of the Communist Bloc.

Sixteenth Amendment - Allows future dissolution of the office of the Guide.

Seventeenth Amendment - Dissolves the office of the Guide of the Revolution.

Eighteenth Amendment - Changes proceedings, structure, and terminology within the People's Tribunal.

Nineteenth Amendment - Allows the Central Committee to elect the Premier.

Twentieth Amendment - Introduces citizen ballot initiatives and allows for the repeal of laws via referendum.

Twenty-first Amendment - Creates procedures for the Central Committee in the event of deadlock.

Twenty-second Amendment - Separates the Executive and Judicial Branches of government.

Twenty-third Amendment - Creates the position of Deputy General Secretary and further enforces the separation of branches.

Twenty-fourth Amendment - An amendment to fix minor oversights in the constitution.

Twenty-fifth Amendment - An amendment to allow the People to recall a Minister at will.