Regional Charter Amendment Act

Our regional legislature - IDUSA.
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Sanctaria
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Regional Charter Amendment Act

Post by Sanctaria » Wed Jan 16, 2019 10:14 pm

The Regional Charter is a great document of basic law, but I believe a few tweaks are necessary to ensure it can scale with us as we hope to grow. I also didn't really like the formatting, so I've changed that slightly.

Please see explanations for changes below the proposal itself.
The Regional Charter Amendment Act

§1 - Amendment of Text

1. The entirety of the text of the IDU Regional Charter shall be removed and replaced with the following:
The Regional Charter of the International Democratic Union


§1 - Regional Governance

1. All matters of regional governance shall be referred to a regional legislature, called the IDU States Assembly (IDUSA). IDUSA shall have the power to adopt by-laws for the region on any matters not explicitly reserved to and in this Regional Charter. All by-laws require a majority vote to pass.

2. All IDU states (excluding puppet states) are entitled to apply to join IDUSA. IDUSA may pass by-laws further regulating or clarifying matters related to membership in IDUSA.

3. IDUSA shall elect a speaker by majority vote. The Speaker will preside over all sessions of IDUSA. Elections shall be held at least once a year. IDUSA may pass by-laws to further regulate the position and office of Speaker, including but not limited to, duties of the office, and term limits.

4. IDUSA shall elect the Regional Delegate by a majority vote of IDUSA. Elections shall be held at least once a year. The Delegate shall be considered the head of state of the region, and shall control the region's delegate votes in the World Assembly. IDUSA may pass by-laws to further regulate the position and office of Delegate, including but not limited to, duties and functions of the office, term limits, and succession.

5. IDUSA may remove the Regional Delegate from office before any term is up through majority vote. IDUSA may pass by-laws to further regulate this responsibility.

6. The Delegate shall be empowered to appoint a cabinet or council of advisors. IDUSA may pass by-laws to further regulate this power.

§2 - Judiciary Committee

1. All disputes pertaining to the wording, interpretation, meaning or intent of the Regional Charter, or any by-law, shall be referred to a Judiciary Committee.

2. Members of the committee shall be nominated by the Delegate, and confirmed by IDUSA by majority vote. IDUSA may pass by-laws to further regulate this matter, including but not limited to, terms of office, membership and composition, and any further powers and duties.

3. IDUSA may vote, by majority vote, to accuse any state in the IDU of violating the Regional Charter, or a by-law; such accusations shall be heard by the Judiciary Committee, which shall then vote to convict or acquit based on verifiable submitted evidence.

4. The Speaker shall represent IDUSA in arguing cases against accused parties. The Speaker shall be empowered to select a proxy if so desired.

5. All accused parties shall have the right to review all evidence against them. Accused parties may plead their own case, or if so desired may chose a proxy to act on their behalf.

6. Penalties for violating the Regional Charter, or a by-law, shall be regulated by IDUSA.

7. Notwithstanding any provision within this document, the Judiciary Committee shall be empowered to create and administer their own rules and procedures.

§3 - General Provisions

1. Amendments to the Regional Charter shall be adopted by a two-thirds majority vote of IDUSA.
A couple of things:

a) Just a general clean-up and reformatting so it's a little easier on the eyes to read.

b) I removed stuff about the IAC. It's a nice idea, but ultimately not necessary. I think it regulates RP too much, and it should exist outside the confines of the regional charter.

c) I removed stuff about executive sessions with WA nations - I think if it's ultimately necessary, we can pass a by-law to establish such sessions, but at the moment I think it's a bit too much bureaucracy.

d) I also added a term limit for Speakers. Prior to this it was a "as long as they feel like" which I felt went against the spirit of democracy that the region stands for.

e) I removed references to quorates. I think such should be established in by-laws instead of the constitution - the reason for this is that, while I want the IDU to grow, it may come to a point where we have less than 8 active members in IDUSA, and then we wouldn't be able to amend the charter/constitution.

Libertas Omnium Maximus
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Re: Regional Charter Amendment Act

Post by Libertas Omnium Maximus » Thu Jan 17, 2019 12:10 am

Would you want a separate bill re-introducing the IAC? Or are you proposing that it is outright rendered null and void.

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Re: Regional Charter Amendment Act

Post by Sanctaria » Thu Jan 17, 2019 12:13 am

Libertas Omnium Maximus wrote:
Thu Jan 17, 2019 12:10 am
Would you want a separate bill re-introducing the IAC? Or are you proposing that it is outright rendered null and void.
The latter. I think the recent civil war RP was far more interesting than the previous IAC RP - and the IAC wasn't even involved in the civil war either! The previous RP in the IAC didn't really conclude either.

I think it's a little pointless, and I am sure it was intended as a vehicle to guide RP, but we've shown since we don't really need that.

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Re: Regional Charter Amendment Act

Post by Libertas Omnium Maximus » Thu Jan 17, 2019 12:18 am

Sanctaria wrote:
Thu Jan 17, 2019 12:13 am
Libertas Omnium Maximus wrote:
Thu Jan 17, 2019 12:10 am
Would you want a separate bill re-introducing the IAC? Or are you proposing that it is outright rendered null and void.
The latter. I think the recent civil war RP was far more interesting than the previous IAC RP - and the IAC wasn't even involved in the civil war either! The previous RP in the IAC didn't really conclude either.

I think it's a little pointless, and I am sure it was intended as a vehicle to guide RP, but we've shown since we don't really need that.
Works for me. I am in 100% on the amendments.

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Re: Regional Charter Amendment Act

Post by Laeral » Fri Jan 18, 2019 2:46 am

Thoughts on the individual changes:
a) The reformatting is definitely superior to the current Charter. Much easier to read, much easier to refer to.

b) Having read through the arguments Sanctaria's presented, I'm in agreement on the IAC. It's intended to be a roleplaying tool, but it hasn't been terribly useful, and it's status doesn't need to be enshrined in the charter.

c) Also agreed. I think that the IDUSA works well enough in representing the interests of the collective WA nations of the IDU.

d) The limit on the length of the Speaker is also something that's needed. I'm in full agreement on that.

e) Removing the quorate on Charter amendments is also a good idea, and 2/3rds sounds like a reasonable threshold. The same with IDUSA votes.

I also noticed that certain procedures from the current Charter were removed, involving powers IDUSA has to check the power of the Delegate. This includes IDUSA's power to instruct the Delegate how to cast WA votes, and IDUSA's ability to object to regional officer appointments. I feel that these powers should remain in place to serve as a safeguard against the Delegate's executive power.

Also, Judiciary Committee appointments should probably be made at some point. I'm thinking that these should be named at the end of my term as Delegate, preferably through agreement with the incoming Delegate and the IDUSA Speaker. Does anyone have any thoughts on that?

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Re: Regional Charter Amendment Act

Post by Sanctaria » Mon Jan 21, 2019 1:05 am

Laeral wrote:
Fri Jan 18, 2019 2:46 am
I also noticed that certain procedures from the current Charter were removed, involving powers IDUSA has to check the power of the Delegate. This includes IDUSA's power to instruct the Delegate how to cast WA votes, and IDUSA's ability to object to regional officer appointments. I feel that these powers should remain in place to serve as a safeguard against the Delegate's executive power.
Yes, I figured those things could be better fleshed out and more easily changed/adapted to the times if it were done through separate legislation. I did include in the proposed amendment, at various times, language like "IDUSA can further regulate" or "IDUSA can further legislate", so there should be no constitutional bar to us on legislation on those issues.

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Re: Regional Charter Amendment Act

Post by Laeral » Mon Jan 21, 2019 2:30 am

Sanctaria wrote:
Mon Jan 21, 2019 1:05 am
Laeral wrote:
Fri Jan 18, 2019 2:46 am
I also noticed that certain procedures from the current Charter were removed, involving powers IDUSA has to check the power of the Delegate. This includes IDUSA's power to instruct the Delegate how to cast WA votes, and IDUSA's ability to object to regional officer appointments. I feel that these powers should remain in place to serve as a safeguard against the Delegate's executive power.
Yes, I figured those things could be better fleshed out and more easily changed/adapted to the times if it were done through separate legislation. I did include in the proposed amendment, at various times, language like "IDUSA can further regulate" or "IDUSA can further legislate", so there should be no constitutional bar to us on legislation on those issues.
In that case, I or someone else can write an act containing those which can hopefully be passed shortly afterward.

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Re: Regional Charter Amendment Act

Post by Sanctaria » Mon Jan 21, 2019 2:59 am

Laeral wrote:
Mon Jan 21, 2019 2:30 am
Sanctaria wrote:
Mon Jan 21, 2019 1:05 am


Yes, I figured those things could be better fleshed out and more easily changed/adapted to the times if it were done through separate legislation. I did include in the proposed amendment, at various times, language like "IDUSA can further regulate" or "IDUSA can further legislate", so there should be no constitutional bar to us on legislation on those issues.
In that case, I or someone else can write an act containing those which can hopefully be passed shortly afterward.
Yeah, absolutely.

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Re: Regional Charter Amendment Act

Post by Lauchenoiria » Tue Jan 22, 2019 11:57 pm

Here's my thoughts:

I am in complete agreement that this format is much easier on the eyes and overall better.

I also support the removal of the IAC from the charter, as has been said, it wasn't used in the civil war RP and it definitely does not need to be enshrined in the charter.

I'd like to ask for clarification on something. "All IDU states (excluding puppet states) are entitled to apply to join IDUSA" does not require IDUSA members to be in the WA. I am somewhat confused over the status of non-WA IDUSA members. Removing the executive sessions with WA members thus removes the vehicle for consulting only WA nations, no?

Completely agree with a term limit on Speaker.

I'm also in agreement with removing the specific numerical quorum, I've seen problems with this in the past and it's definitely a good idea to do it now rather than reach a point where it's impossible.

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Re: Regional Charter Amendment Act

Post by Sanctaria » Wed Jan 23, 2019 12:03 am

Lauchenoiria wrote:
Tue Jan 22, 2019 11:57 pm
I'd like to ask for clarification on something. "All IDU states (excluding puppet states) are entitled to apply to join IDUSA" does not require IDUSA members to be in the WA. I am somewhat confused over the status of non-WA IDUSA members. Removing the executive sessions with WA members thus removes the vehicle for consulting only WA nations, no?
That's in the existing Charter. Being a member of the WA is not a prerequisite for being in IDUSA, and shouldn't be.

On your other point: Please see (c) in my original post.

We don't use it. And even if we did use it, most WA members in the region are not members of IDUSA, so what use would it give? Further legislation can be passed further down the road if it's necessary, but I don't even think we need a law for the Delegate asking WA members to comment in the Delegate's Office on specific proposals etc if he/she decided to go that route.

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Re: Regional Charter Amendment Act

Post by Sanctaria » Sun Jan 27, 2019 7:01 pm

Any further comments?

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Re: Regional Charter Amendment Act

Post by Sanctaria » Sat Feb 02, 2019 9:36 pm

If there's no more comments, I'd like to submit this to the States Assembly for consideration.

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Re: Regional Charter Amendment Act

Post by Sand Point » Sat Feb 02, 2019 10:06 pm

Seconded.

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Re: Regional Charter Amendment Act

Post by Sanctaria » Tue Feb 12, 2019 7:48 pm

Delighted to see this pass convincingly. Thanks to all those who supported it.

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