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Constitution of The Proletariat Coalition
PREAMBLE TO THE CONSTITUTION OF THE PROLETARIAT COALITION
The people of The Proletariat Coalition, firmly resting on the achievements of past leaders,
and imbued with the will to continue resolutely and voluntarily along the path of peace, social justice, democracy, socialism, and international understanding, hereby adopts the Constitution described below.
This Constitution will defend the progressive values of The Proletariat Coalition from its enemies, wherever they be found. Henceforth, all governance in The Proletariat Coalition shall be in accordance with the Constitution for the greater good of our peoples.
Politics
Article 1:
The Proletariat Coalition is an independent leftist region representing the interests of all it’s citizens (nations). The sovereignty of The Proletariat Coalition resides in the citizens residing within the borders of The Proletariat Coalition. Said nations exercise power through their representative organ, the People’s Assembly.
Article 2:
The organs of Executive State power at all levels, are elected by the People’s Assembly on the principle of universal, equal and direct suffrage by open ballot.
Article 3:
The State shall conduct all activities under the leadership of the People’s Assembly.
Article 4:
The State shall strengthen people’s democracy and firmly defend The Proletariat Coalition and it’s constitution against all subversive acts of hostile elements at home and abroad.
Article 5:
Independence, peace, and solidarity are the basic ideals of the foreign policy and the principles of external activities of The Proletariat Coalition. The State shall establish diplomatic as well as political and cultural relations with all friendly or allied regions, on principles of complete equality, independence, mutual respect, non-interference in each other’s affairs and mutual benefit. The State shall promote unity within the international socialist movement.
Article 6:
The law of The Proletariat Coalition reflects the wishes and interests of the nations residing within it’s borders and is a basic instrument for State administration. Respect for the law and its strict adherence and execution is the duty of all institutions and nations of The Proletariat Coalition.
Fundamental Rights and Duties of Nations
Article 7:
The State shall effectively guarantee genuine democratic rights and liberties as well as the well-being of its citizens.
Article 8:
All citizens enjoy equal rights in all spheres of State and public activities.
Article 9:
All citizens are guaranteed freedom of speech, of the press, of assembly, demonstration and association.
Article 10:
All citizens are entitled to submit complaints and petitions to the People’s Assembly.
Article 11:
All citizens residing within the borders of The Proletariat Coalition are guaranteed inviolability of it’s sovereignty and privacy of correspondence.
Article 12:
To defend The Proletariat Coalition is the duty of every citizen of The Proletariat Coalition. Treason to the region--violation of the oath of allegiance, desertion to the enemy, impairing the military power of the state, espionage is punishable with all the severity of the law as the most heinous of crimes.
The Structure of the State
Section I: The People’s Assembly (PA)
Article 13:
The People’s Assembly is the highest organ of State power in The Proletariat Coalition.
Article 14:
The People’s Assembly exercises legislative power, but no ex post facto law shall be passed. (amended)
Article 15:
(i)The People’s Assembly is composed of all citizens member of the United Nations having resided within The Proletariat Coalition for a minimum of two (2) weeks.
(ii)By majority decision of the Ministerial Council who will consult with the Director of RLA Intelligence, non-UN citizens may be granted citizenship. The People's Assembly will be informed of this by the Minister of Citizen Information. The People's Assembly retains the right to overide this decision by a simple majority vote.
Article 16:
(i) The People’s Assembly has the authority to:
1. amend the Constitution,
2. adopt, and amend laws
3. establish the basic principles of the State’s domestic and foreign policies
4. elect or remove the Ministers of the Ministerial Council
5. elect or remove the judges of the People’s High Court in conjunction with the Ministerial Council and Delegate of The Proletariat Coalition
6. elect or remove the Delegate of The Proletariat Coalition
8. appoint or bar interested citizens from ministerial committees of their choice.
9. receive a report on the work of the Cabinet and regional institutions and adopt measures, if necessary
10. decide on the ratification, amendment or abrogation of treaties submitted to the People’s Assembly
(ii) The People’s Assembly pursues its votes by the following process :
1. A member of The People’s Assembly, The Ministerial Council, a democratic committee or the Delegate demand a vote by motioning it.
2. Once the motion has been seconded by a member of The People’s Assembly, the vote begin.
3. The vote will last for seventy two (72) hours, or until a signifiant amount of members of The People’s Assembly have voted in favor or agaisnt it.
Section II: The Delegate of The Proletariat Coalition
Article 17:
The Delegate of The Proletariat Coalition is the titular head of the region
Article 18:
The Delegate of The Proletariat Coalition shall be responsible first and foremost for the internal and external security of the region. These powers include
To expel a nation without prior authority from the Court where;
a. that nation who has not been a member nation for seven (7) days has more endorsements than the Delegate, or;
b. that nation has a greater number of endorsements than the Delegate, where more than half of those endorsements are from nations that have not been residents of the region for at least seven (7) days.
c. That nation is a spammer on the regional board
to password protect the Region
a. for twenty four (24) hours without the consent of the MC or PA
b. for forty eight (48) hours without the consent of the MC whereby consent means majority approval
c. for more than forty eight (48) hours with consent of the MC and PA, whereby consent means majority approval
Article 19:
The Delegate of The Proletariat Coalition presides over the sessions of the Assembly and thereby must ensure it’s smooth running.
Article 20:
The Delegate of The Proletariat Coalition nominates two (2) candidates for Judge of The People’s High Court.
Article 21:
The Delegate of The Proletariat Coalition presides over the ministerial council and ensures it’s smooth running. If the delegate spots problems in the actions, behavior or activity of one of the ministers it is his or her duty to report said offenses to the people’s assembly.
Article 22:
The Delegate of The Proletariat Coalition represents the State and receives credentials and letters of recall of diplomatic representatives accredited by foreign regions.
Article 23:
The Delegate of The Proletariat Coalition (in conjunction with the military and foreign affairs ministers) negotiates treaties concluded with other regions on behalf of the People’s Assembly.
Article 24:
The Delegate of The Proletariat Coalition is accountable to the People’s Assembly.
Article 25:
The Delegate of The Proletariat Coalition is elected for a period of three (3) months by the People’s Assembly. The Delegate of The Proletariat Coalition shall not be a member of the Ministerial Council or hold any other executive position in the regional government.
Article 26:
In the event of a tie in the people’s assembly or in ministerial council proceedings, The Delegate of The Proletariat Coalition shall vote twice
Section III: The Ministerial Council of The Proletariat Coalition (MC)
Article 27:
The Ministerial Council is the administrative and executive body of The People’s Assembly and a general state management organ.
Article 28:
The Ministerial Council consists of the Ministers of Foreign Affairs, Military Affairs, Justice, Recruitment and Activity, and Citizen Information. The ministers shall serve a term of three (3) months. Upon expiration of this term, new elections shall be held.
Article 29:
The duties of the Minister of Foreign Affairs include
a. to liasise with foreign representatives in the pursuit of establishing diplomatic relations, military alliances, non aggression pacts and any other inter regional agreement
b. maintain contact with foreign entities through a network of diplomats and embassies
c. promote the leftist ideals (democracy, equality, fraternity, etc.)of the proletariat coalition abroad
d. maintain and increase the coalition’s international prestige.
e. continuously seek out unknown leftist regions and commence diplomatic relations with said regions.
f. nominate two (2) candidates for judge of the People’s High Court
Article 30:
The duties of the Minister of Military Affairs include
a. to maintain a large and effective regional military for the defense of the region and the defense/liberation of other regions.
b. to liasise with all allied militaries including those of extra regional organizations and regions.
c. to keep informed of possible infiltration and military threats to the region via regular briefings with the director of RLA intelligence
d. to root out spies
e. command the regional military
g. nominate two (2) candidates for judge of the People’s High Court
Article 31:
The duties of the Minister of Justice include
a. the prosecution(either by him/herself or through a deputy) of nations accused of crimes
b. to investigate charges of criminal activity or executive malfeasance in region and present his or her findings to the People’s Aseembly and the high court
c. to report the proceedings of the people’s high court to the People’s Assembly
h. nominate two (2) candidates for judge of the People’s High Court
Article 32:
The duties of the Minister of Activity and Recruitment include
a. the recruitment of new nations to the proletariat coalition
b. the maintenance of activity on the offsite regional boards and regional government
c. the encouragement of activity on the offsite boards regional boards and regional government
d. the encouragement of activity on the offsite allied organization’s boards and organizational government
e. nominate two (2) candidates for judge of the People’s High Court
Article 33:
The duties of the Minister of Citizen Information and knowledge include
a. the expansion and maintenance of a regional news service
b. the weekly or biweekly update of the citizenry through ns tg and offsite board pm of regional and international happenings.
c. the maintenance and expansion of the regional council of knowledge
d. nominate two (2) candidates for judge of the People’s High Court
Article 34:
All members of the Ministerial Council are accountable to The People’s Assembly.
Article 35:
All planned military actions are subject to veto by a majority of the Ministerial council or the People’s Assembly
Section IV: The committees of The Proletariat Coalition
Article 36:
Every regional ministry is to have a corresponding democratic committee. These committees shall be made up of all interested PA members who have a received an appointment confirmation from a majority of the People’s Assembly.
Article 37:
The duties for each committee are to
a. assist the ministry in policy implementation
b. have a say in policy creation at the ministry level
Article 38:
The democratic committees of the ministries will have the ability to overturn minister decisions by sixty five (65) percent majority vote. If a minister is overturned more than twice in his or her term he or she will come under review of the People’s Assembly and a vote of confidence will commence two (2) weeks afterwards.
Article 39:
Citizens may hold positions in no more than three (3) committees
Section V : The Proletariat Coalition’s Intelligence Agency
Article 40:
(i) Intelligence works performed by agents working for The Proletariat Coalition are all to be done under the leadership of the RLA intelligence.
(ii) RLA’s Director of Intelligence is the ultimate commander of The Proletariat Coalition’s Intelligence.
(iii) In the event of a withdrawal of The Proletariat Coalition from the RLA, a new independant Intelligence Agency will be created, under the sole command of the Minister of Military Affairs and the Delegate.
Section VI: The People’s High Court
Article 41:
The People’s High Court shall consist of five (5) justices whose duties include
a. the determination of guilt or innocence in criminal trials
b. the determination of punishment and sentencing if a defendant is found guilty in criminal proceedings
c. the interpretation of the constitution of The Proletariat Coalition relating to laws and executive actions
Article 42:
(i) The People's High Court shall be comprised of five (5) Judges.
(ii)The judges of the People’s High Court shall be chosen by a system of indirect election, which entails:
a. the choice of two (2) candidates for judgeship by each of the ministers and the delegate.
b. the selection of five (5) justices from the list of candidates by the People’s Assembly
c. Should the Ministerial Council and delegate fail to provide the minimum of five (5) nominees within a timeframe of five (5) days, members of the People's Assembly will be allowed to nominate members of the People's Assembly for Judgeship to fill the remaining seats on the People's High Court. The nomination period for the People's Assembly will last no longer than three (3) days.
(iii) A Judge may be reelected for another term, without any limit of terms.
(iv) A Judge’s term shall not be longer than six (6) months, at which time the Judge shall be stood down.
(v)Termination of a Judge’s term shall be decided by the Minister of Justice in case of recognized permanent unavailability, defined as:
a. Knowing that the Judge has died
b. Suffering an illness preventing him from fulfilling his obligations
c. Resigning
d. Absence, or anticipated absence, of three (3) weeks with notice prior to the start of those three (3) weeks
(vi)Termination of a Judge’s term shall be before the court with the Minister of Justice or his representative prosecuting for permanent unavailability, defined as:
a. Absence of two (2) weeks without notice
b. Inappropriate behavior
c. Demonstrating inability or unwillingness to perform the functions of the office.
(vii) Where a Judge(s) is found permanently unavailable, the court shall be suspended, and an interim election held to restore the number of judges to five (5).
Members of the People Assembly will have a number of votes to cast equal to the number of seats available on the People's High Court.
Should The Ministerial Council and Delegate fail to nominate a number of nominees equal to the number of seats available on the People's High Court within a timeframe of three (3) days, the People's Assembly will be given a timeframe of three (3) days to nominate candidates to fill the available seats on the People's High Court.
(viii) A Judge may be found temporarily unavailable where:
a. The Judge's Nation shows no sign of activity for seventy two (72) hours or more
b. The Judge loses internet access for a period of seventy two (72) hours or more
c. The Judge is absent or on vacation with notice
d. The Judge has a conflict of interest
e. In a case that has reverted to the full court the Judge has failed to write a sufficiently formal judgment within a reasonable time or the Judge's final opinion cannot be sufficiently ascertained from any comments already made.
(ix) Where a Judge(s) is found temporarily unavailable, the court shall proceed as normal.
Article 43:
The procedures of the people’s high court are as follows
a. Initiation and Standing
(i) A hearing can be initiated by any nation or its appointed representative against another nation within the region for any offence committed against the prosecuting nation under the law of TPC. (eg. Griefing a particular nation, starting a war against a nation (RP), Spamming a particular nation)
(ii) A hearing can be initiated by the delegate, a minister, or an appointed representative of the delegate (Prosecutor) to pursue an action against a particular nation for an offence against the region.
(iii) On appeal from a nations Supreme Court, according to the laws of that nation.
(iv) All proceedings for a hearing and judgment on a particular case (excluding any appeal) are to be made in a single thread on the message board (http://nationstatestpc.proboards21.com/index.cgi)
b. A nation with standing may initiate proceedings by presenting a case with facts, evidence, the relevant offence, and the relevant law on the message board (http://nationstatestpc.proboards21.com/index.cgi)
(i) The facts are those of the incident in relation to the complaint or charge.
(ii) The evidence should be in accordance where possible with the law of evidence.
(iii) The relevant offence may be expressed in general terms (spamming the regional message board, "griefing my nationX" ), and must be an offence punishable by the court.
(iv) The relevant law is legislation enacted by democratically elected officials, relevant cases, Nationstates law (for instance griefing and spamming where that law is not explicitly overruled by the executive), or [where there is no law on a subject] what the law ought to state with substantial reasons why the law ought to state that in the circumstances.
(v) The other party must be informed of the proceedings at the outset. Where that other party is the Region (as in an appeal) then the Delegate must be informed.
(vi) Where it is sought that the case be dealt with through a Provisional or Fast Hearing, argument must be put forward to show that the matter is of some urgency.
c. Provisional [fast] Hearing
(i) Forty (40) percent of available judges must concur and post an interim judgment.
(ii) The judgement must outline;
a. The facts, or a reference to another judge's version of the facts as supported by the evidence
b. The offence
c. A statement of the law as it applies to this offence
d. Reasons for making the decision
e. The finding, and sentence.
or can concur with another judge
(iii) This finding is subject to an appeal to the Full Court.
(iv) Wherever there is any dissent amongst interim judgments, the matter must revert to the Full Court.
(v) Where a responding Judge finds, prior to the Provisional Hearing being settled, that the matter is not of sufficient urgency that a hearing before the Full Court is inappropriate, then the matter will be referred to the Full Court.
d. Full Hearing
(i) After the appeal has been initiated, there must be allowed at least twenty four (24) hours for a reply and open discussion.
(ii) Having read the appeal statement and other comments, more than fifty (50) percent of available judges shall concur and post a full judgment
(iii) Any Judgment written before the Respondent’s reply has arrived must be affirmed by the Judge, or it will not be counted, unless twenty four (24) hours has passed since proceedings were initiated.
(iv) The judgment must include the following;
a. The facts, or a reference to another judge's version of the facts as supported by the evidence
b. The offence
c. A statement of the law as it applies to this offence
d. Reasons for making the decision
e. The finding
f. The sentence.
(v) Alternately to subsection (iv) the judge may state agreement in all matters with the opinion of another judge.
(vi) A decision of the full court is final.
(vii) A purported decision of the full court may be invalid for procedural error or error of law, and appellable to the Full Court.
[NB. Available judges is a legal, defined according to section i. It might not always require the attendance of all judges]
e. Equally divided bench (tie): An equally divided judgment of the court shall be determined as follows;
(i) Where it refers to a case brought against a party, that case shall be dismissed.
(ii) Where it refers to an appeal, that appeal shall be upheld
f. The application of the law
(i) Former cases (interpretations of the law) must be followed unless:
a. On the facts the present circumstances ought to be distinguished; or
b. The former case was wrongly decided; or
c. There is intervening legislation from the executive.
(ii) Standard of proof
The standard of proof shall be on the balance of probabilities
(iii) Offences against the region include:
a. An offence according to the rules of Nationstates not expressly excluded from the region; or
b. An offence stipulated as such by the Executive
(iv) Civil offences
a. An offence against a nation according to the rules of Nationstates not expressly excluded from the region; or
b. An offence against another nation stipulated as such by the Executive.
g. Types of Penalty:
(i) General penalties
a. Reprimand: Some liability, no punishment but a warning against future misbehaviour.
b. Probation: Any further misconduct will incur an automatic penalty.
c. Suspended sentence: Might or might not be specified, but involves holding off the penalty for this offence till the Nation concerned is found guilty of another offence.
d. Expulsion from the region
(ii) Injunction: Includes but is not limited to; against posting on the regional board or any other board, or from communicating with a particular nation
(iii) Reparations [RP]: As appropriate
(iv) Sanctions [RP]: As appropriate
(v) Imprisonment [RP]: As appropriate for crimes against humanity or in relation to subsection (viii)
(vi) Death Penalty [RP]: Unavailable to this court in any circumstances subject to amending legislation.
(vii) In relation to appeals from a Nation’s Supreme Court, any penalty in line with that Nations Legislation subject to any express exclusions in this Act [RP].
h. Passing of sentences:
(i) Sentences are to be included in each judges final ruling, and interim ruling, and are to be applied where the court finds the defendant guilty as charged.
(ii) Where judges differ as to the Penalty in a Provisional Hearing, the lowest Penalty shall be applicable
(iii) Where judges differ as to the sentence in a Full Hearing the highest Penalty to which half of the bench agree.
(iv) For the purposes of subs(iii) there is to apply a presumption that where a judge stipulates a higher penalty, any lower penalty is also deserved.
(v) Where judges differ as to the nature of an Injunction, the widest injunction shall be applicable (all the judges injunctions are applicable)
(vi) Where judges differ as to the nature and extent of Reparations and Sanctions, the average will suffice.
(vi) A penalty, an injunction, reparations, and sanction orders may be issued together in any combination as appropriate.
i. Unavailability: A Judge will be deemed to be unavailable where:
(i) The Judge's Nation shows no sign of activity for seventy two (72) hours or more; or
(ii) It is known that the Judge has died, is suffering an illness preventing him from fulfilling his obligations, loses internet access for a period of forty eight (48) hours or more; or
(iii) The Judge is absent or on vacation with notice; or
(iv) The Judge has resigned, or stood aside; or
(v) The Judge has a conflict of interest; or
(vi) In a case that has reverted to the full court,
a. a Judge has failed to write a sufficiently formal judgment within a reasonable time; and
b. The Judge's final opinion cannot be sufficiently ascertained from any comments already made.
j. Conflict of Interest: A Conflict of interest will prevent a judge from hearing a particular case, and will be found where:
(i) Three Judges agree that there is a conflict of interest; or
(ii) Two Judges in agreement with the Delegate agree that a judge has a conflict of interest; or
(iii) The Judge is bringing an action before the Court; or
(iv) The Judge is defending an action before the Court; or
(v) The Judge in question declares a conflict of interest, and fully discloses the nature and extent of that conflict of interest to the other Judges.
k. Contempt of Court:
(i) The Court may find any participant in Court Proceedings guilty of contempt of court for contemptuous behaviour.
(ii) A person authorized to prosecute on behalf of the region may bring a charge of Contempt against either a participant or a non-participant for contemptuous behavior.
l. Resignation
(i) A Judge may resign by public notice, either on the Regional message board,
m. Standing aside
(i) A Judge may, for reasons of a conflict of interest or other declared reason, stand aside and not take part in the proceedings of a particular case as a Judge.
(ii) The reasons for standing aside must be fully declared within the thread of a particular case
Procedures for amending the Constitution
Article 44:
A section or article may be repealed, replaced, or added to the Constitution by a two thirds (2/3) majority of the votes cast by the nations members of the People’s Assembly.
If the amendment is challenged in the Court as not being representative of the wishes of the nations of TPC and the Court finds that this might have been the case because of some abnormal procedural unfairness or other anomaly in the poll; then the Court shall have the discretion to cancel the vote and order a re-definition of the amendment.
Article 45:
This article is only to be applied in order to clarify the existing intention of the document
If
(i) The Justices of the Court agree unanimously, after receiving a submission from any nation, that a section might be clarified without changing the content already present in the section;
(ii) That the submitted amendment achieves this objective; and
(iii) That the error is no more than a minor change of one of the following type:
a. a grammatical change
b. a typo or spelling correction,
c. a section or subsection numbering error.
d. a terminology that is technically incorrect.
Then the court may authorise that amendment without consideration by the People's Assembly.
A member of the People's Assembly may submit a motion to a vote by the People's Assembly if it is judged that the amendment approved by the High Court actually alter the content of the original text. The motion will be adopted by a simple majority vote and therefore the amendment will be nullified.
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