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Constitution of Azalea Isles

CityRP

play.cityrp.org
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Jun 26, 2024
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Preamble

In recognizing a need for Azalea Isles to have further-self governance, the Kingdom of Regalis has now established the first Constitution of Azalea Isles to provide choice and regulation to the people. As sovereign ruler of this esteemed realm, by the grace of divine providence, her Majesty hereby bestows upon their loyal subjects the gift of governance. May this Constitution serve as a beacon of justice, unity, and progress for generations to come, under the enduring sovereignty of the Crown.

Article 1 - Fundamental Protections​

In our society is governed by the rule of law, all citizens shall be afforded the right to inviolable protections. These protections shall be subject to reasonable limits prescribed by the law. These include:
  1. Freedom of thought, belief, and political opinion.
  2. The right to citizenship upon entering the country.
  3. Freedom of peaceful assembly and association.
  4. Freedom of press and media of communication.
  5. The right to vote and participate in elections as specified by law.
  6. The right to refuse self-incrimination in a court of law.
  7. The right to be secure against unreasonable search and seizure.
  8. The right to protect one-self and property.
  9. The right to self-representation or counsel in a court of law.
  10. The right against government overreach of powers not specified by the constitution.
Each citizen shall be entitled to equal treatment under the law. The government shall be expected to uphold these rights to prevent any form of oppression and discrimination.

Article 2 - Structure of Government​

The government of Azalea Isles is divided into three distinct branches: the Parliament, the Executive, and the Judiciary. Each branch shall have its own functions and purpose in administering government.

The structure of the government shall be three co-equal branches of government. They shall also have the quasi ability to fulfil obligations necessary for the performance of laws, given those laws are within the bounds of the constitution, and in nature constitutional.

The Parliament shall have the authority to make laws, levy taxes, and oversee the functioning of the government. The Executive shall have the authority to execute the law, and derives its power directly from the Parliament. The Judiciary shall interpret the law and uphold the constitution of Azalea Isles.

The Crown shares responsibility with these branches, signing legislation and confirming appointments.

Article 3 - Parliament​

The Loyal Parliament shall consist of a variable number of seats determined prior to the election. Azalea Isles shall be divided into multi-member districts for the purpose of electing Members of Parliament. In each electoral district, voters will be entitled to cast a number of votes equivalent to the number of seats allotted in that district. Until Parliament otherwise provides, there will be one electoral district. Once an election has been called, the following week-long timeline with be triggered as an electoral period:
  • Seven (7) day period in which candidates may declare to run for elected office.
  • Two (2) day period in which citizens will vote in the elections.
Duration of the Parliament
Each Parliament shall have fixed terms of two (2) months, unless dissolved earlier. Once dissolved, an election must be called within a week. Parliament may only be dissolved if the fixed term has elapsed or if the Prime Minister requests that the Crown dissolve the Parliament.

Qualification of a Member of Parliament
In order to qualify as an eligible candidate for Parliament, a citizen must meet the following requirements:
  • Own or rent a property within Azalea Isles as a resident.
  • Be a citizen of Azalea Isles more than one (1) week prior to the electoral period.
  • Have a cumulative playtime of at least three (3) hours and a monthly playtime of at least one (1) hour.
  • Be not convicted of any crimes with adjudicated punishments that disqualify them from public office in accordance with the law.

Qualification to Vote
In order to qualify as an eligible voter for Parliament, a citizen must meet the following requirements:
  • Have a cumulative playtime of at least three (3) hours and a monthly playtime of at least one (1) hour.

Duties of Parliament
Parliament shall be responsible for creating laws, levying taxes, approving budgets, creating government agencies, and filling any absence of law in accordance with the constitution.

Votes of Parliament
Supermajority vote shall be two-thirds (2/3), while a simple majority vote shall be above 50%.

Speaker of Parliament
Once the Parliament has convened for the first time of the term, they will elect one of their members as the Speaker of Parliament. The process for electing the Speaker of Parliament will be determined through legislative procedure and law. The Speaker's responsibilities encompass maintaining decorum within the chamber and managing voting protocols. Removal of the Speaker can occur through a vote of no confidence, requiring a simple majority.

Vacancy in Parliament
Whereby there is a vacant seat that arises in Parliament, the method of replacement shall be determined by the law. Parliament may decide to pass a law on the procedure of replacement, or hold a by-election preceding the vacancy.

Formation of Government
Upon the start of a new term, the Crown will invite a Member of Parliament to form the government. Upon such invitation, a proposal for government must be submitted with the approval of a simple majority support in Parliament. The Government shall maintain the confidence of a simple majority of Parliament at all times. In the event that the Government cannot maintain the confidence of the Parliament, the process for forming government will be restarted.

Article 4 - Executive​

Constitution of Government
The Crown shall serve as the head of State, while the Prime Minister shall serve as the head of Government. The executive authority of Azalea Isles shall be vested into the Crown, the Prime Minister, and the Cabinet. Once an invited proposal to form a government has secured the confidence of Parliament, the Prime Minister and Cabinet will assume office as the Government. The Prime Minister must be a Member of Parliament, however they may appoint any citizen to serve in their Cabinet.

Appointment of Cabinet
The Crown shall retain the right to appoint and dismiss Ministers on the advice of the Prime Minister.

Cabinet Portfolios
The Cabinet functions as a body of advisors to the Prime Minister, composed of Ministers who collaboratively oversee and manage governmental functions. The Cabinet bears the responsibility of overseeing government-owned assets and services. The Prime Minister shall be the head of the Cabinet and each member of the Cabinet serves at the pleasure of the Prime Minister. Portfolios may be established through law to manage the following government responsibilities: justice, health, infrastructure, social services, public safety, trade, regulation, education and anything else established through the law. Any person appointed to head a portfolio shall hold the title of Minister of (Portfolio’s name).

Powers of the Crown
The Crown shall be the head of state and shall represent the unity and sovereignty of Azalea Isles. The Crown shall have the power to appoint members of the Supreme Court; dissolve the Parliament; and conduct foreign affairs; all subject to the advice and consent of Parliament. The Crown may also veto legislation as they see fit, and implement royal decrees.

Determination of the Crown
The Crown shall be a role held by the reigning monarch of the Kingdom of Regalis, which provides protection and guidance to the colony of Azalea Isles and its peoples. The Crown may appoint a Governor General, who will act on their behalf in circumstances where applicable. The Governor General can be anyone in Azalea Isles, regardless of position or status.

Article 5 - Judiciary​

Constitution of the Courts
The Judiciary shall consist of the Supreme Court and other lower courts that Parliament can create. The Supreme Court retains the final appellate jurisdiction for all legal matters related to our constitution, laws, and treaties. The Supreme Court also reviews the constitutionality of laws made by Parliament, removal of any position created by the Constitution, and deals with other cases not covered by other courts.

Role of the Courts
The courts shall be responsible for adjudicating disputes within Azalea Isles, through rendering verdicts in civil and criminal trials. Civil trials consist of disputes between two parties seeking compensation, while criminal trials consist of government-led charges for a criminal act.

Powers of the Supreme Court
The Supreme Court shall consist of three Justices chaired by a Chief Justice. In the event where a Chief Justice has not been appointed, the senior most Justice shall chair the court. The Supreme Court is responsible for interpreting the law while retaining the supremacy of the Constitution. Justices of the Supreme Court may handle cases in inferior courts whereby there is no one else available to hear the case.

Appointment of the Court
The Supreme Court Justices shall be appointed by the Crown with the advice and consent of Parliament, subject to a simple majority. Justices shall be appointed for an indefinite term, subject to removal or resignation otherwise. Any member of the Judiciary cannot serve in the Parliament or Executive branch simultaneously.

Article 6 - Procedures for Removal​

Categories of Removal
The following government officials may be removed through these categories. Parliament is restricted from granting itself power to dismiss officials through any means other than those specified herein.
  • No Confidence Vote: applied to Ministers, the Government (Prime Minister), Speaker of Parliament
  • Impeachment Process: applied to Supreme Court Justices
  • Decided by Parliament: applied to any other officials, such as ones established through Acts of Parliament, shall be removed through the procedures established within the Act that creates such official(s).
Vote of No Confidence
Parliament may pass votes of no confidence, removing a government official who has not maintained the confidence of Parliament. The quorum required for these votes may vary depending on the official in question with regards to Article 4. Votes of no confidence do not require a trial, however they should not be taken lightly.

Vote of Impeachment
Parliament may pass votes of impeachment through a simple majority, levying charges against a government official for a dereliction of constitutional duties or significant crimes committed while in office. Following the passage of an impeachment vote, a trial ensues, affording the implicated official the chance to defend themselves. The precise protocols for impeachment may be established through Acts of Parliament. Parliament retains the power to convict and dismiss an official solely through a supermajority vote.

Article 7 - Constitutional Amendments​

Changes to the Constitution
Any change to modify the Constitution must pass with a supermajority of support in Parliament and the signature of the Crown. Once it has passed Parliament and received the approval of the Crown, it must be ratified through referendum.

Constitutional Referendums
In order to ratify any change to the Constitution, a referendum must be called in which approval from all electoral districts must be obtained. This necessitates a majority affirmation from each electoral district for the proposed change to be ratified
 
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