Constitution of Bravia

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Zachrin
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Constitution of Bravia

Post by Zachrin » Sun Jan 13, 2013 12:12 am

Effective October 1, 1653
  1. Council
    1. Responsibilities Of Council
      • To create and uphold the Viceregal Laws
      • To ensure the welfare of the Viceroyalty through:
        • Diplomatic relationships
        • Creating and sustaining a military force
        • Encouraging trade
        • Mines maintanence
        • Livestock breeding
        • Fair judicial practice
    2. Duties of the council
      • The Viceregal Council consists of 10 elected officials each with designated duties:
        1. Viceroy
          • Is the leader of the Viceroyalty and is responsible for ensure that the needs of the Viceroyalty are met and it's welfare is protected.
          • To assign council positions
          • To maintain an overview of council
          • To oversee all diplomatic relations
          • To be the head of the military
        2. General
          • Protect the people, property and interests of the republic
        3. People's Representative
          • To serve as a link between the council and the people by reporting from the council and bringing requests to the council
        4. Public Prosecutor
          • To bring suit against those who commit crimes against Bravia and its citizens
        5. Judge
          • To uphold justice
          • To maintain the spirit of the law
          • To judge both fairly and wisely
        6. Finance minister
          • Create and maintain economic prosperity
        7. Mine Minister
          • Set mine wages
          • Mine Maintenance
          • To provide an assessment of the mines as required
        8. Internal Affairs Minister
          • Animal breeding and feeding
          • Castle Wall maintenance
        9. Ministers at large
          • Duties to be determined by the Viceroy as well as ensuring councilors take part in voting
  2. Citizen's Rights
    *A citizen is defined as all residents of the Viceroyalty of Bravia as well as any lawful visitors
    All citizens of the Viceroyalty have:
    1. A right to free speech, worship and political affiliation
    2. A right to equal treatment irrespective of gender, race, species, sexual orientation or ability
    3. A right to trade on the markets
    4. A right to a free and fair trial represented by counsel, if desired, and the right to an appeal of their case to the Mages upon conclusion of the initial case
    5. A right to legally defend their town or capital and to bear arms to achieve this
    6. A right to cast their vote for the Viceregal Council and Mayor of their City
    7. A right to run in a Viceregal Council election by starting or joining a list and/or to run in a Mayoral election
    8. A right to appeal the actions of their Mayor to the Town council and, if this is unsuccessful, to appeal to the Viceregal Council
    9. A right to associate with an order, guild, corporation or other groups of political, cultural, or economic nature
    10. A right to petition the government and to assemble lawfully
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Zachrin
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Joined: Fri Jun 12, 2009 7:52 pm

Re: Constitution of Bravia

Post by Zachrin » Mon Sep 30, 2013 11:29 am

Constitution from January 14, 1653 to September 30, 1653
Preamble

For the better security of the common property of the Bravian Viceroyalty, and for the protection of the rights and privileges of the Bravian people, We, the undersigned members of the Council, in legislative Council convened, have established, and by these presents do hereby declare, the following articles as a fixed and irrevocable principle, by which the Bravian Viceroyalty shall be governed.

Article 1

The lands within the sovereign limits of the Bravian Viceroyalty, as defined by treaties, are, and shall be, the common property of the Viceroyalty. The improvements made thereon and in the possession of the citizens of the Viceroyalty, are the exclusive and indefeasible property of the citizens respectively who made, or may rightfully be in possession of them.

Section 1

Here to that all citizens of Bravia should have two parcels of land set aside for their use. Each citizen may decide which land to farm and which land to keep fallow as to the restrictions of their life.

Section 2

The Council of Bravia, under the leadership of the Viceroy, has the power to change where the capital city is to keep the center of the Bravian Viceroyalty safe and in the hands of the free people of Bravia. This council also provides for the defense of the Viceroyalty through the Bravian Army. [See Article 3]

Article 2 - Council

The Council of Bravia, is here defined, as the legislative body of the Viceroyalty of Bravia. It is through them that laws are written and passed in Bravia. The Council is an elected group by the people and for the people. No one person may sit on the council unless they are a citizen of Bravia. Only ten free Bravians may sit on the Council at any one time. Each council will have a term limit of sixty days at which time another council may be elected. Since the council is the governing body of Bravia as well as the upholders of the laws of Bravia, no council member can run with a criminal record within the last six months of running for council.

Section 1 - Voting

At 30 days until next council election, a citizen of Bravia may start a list by selecting the Register for Council. Each list must have ten members that have confirmed their running prior to any citizen is able to vote for said list.

Voting begins seven days before the election is scheduled. Patrons of the Republic will have their votes counted twice. At the close of the election, each list will win the number of seats associated with the percentage of the vote won.

Section 2 - Resignation

In the event that someone resigns, the next person from the list that they were on will be on council. In the event that there are no more people left on the list, the spot will be left vacant.

Section 3 - Duties

It is the duty of the council to pass laws and work with the citizens of Bravia for a flourishing community. This is done through discussion and through work in the various council offices. These offices need to be visited daily, if even to only be visited. In the sections below duties are outlined by office, if other offices are needed they may be created by the Council at the time of need.

Section 3.1 - Viceroy (Executive)

The Viceroy is the facilitator and the moderator of all council discussions. It is their job to ensure that discussions stay on track and are in charge of making sure they are productive. Also, the Viceroy has other functions they are able to see to that may or may not be regulated by laws passed by the council as a whole. They are also in charge of placing council members, as well as other citizens, into the different offices of Bravia.

Section 3.1.2 - Specific Duties of the Viceroy

The Viceroy has access to any and all logs and tracking of the Bravian goods as well as absolute purview over the following.

1) Distributes the keys to council chambers. Each office is to be given a key by the Viceroy (Finance, Army, Internal Affairs, Judge, Public Prosecutor, People’s Representative, University Rector, and Mines )

2) Selection and Removal of the University Rector.

3) Selection and removal of council positions. (General, People’s Representative, Public Prosecutor, Judge, Finance Minister, Internal Affairs Minister, and Mine Minister)

4) Moving the Capital.

5) Commander and Chief of the Bravian Army.

6) Removing towns within the borders of Bravia.

Section 3.2 - Other Council Positions

Council members should check into the Council Room and their Offices (if they hold a position that grants an office) every day. The council’s operating functions are split between the various offices of the Council. Failure to check in and maintain these offices may result in various punishments including the reduction of clerical happiness and costing the Viceroyalty more to operate on a daily basis. Dereliction of duty and the repercussions of such are found in the Laws of Bravia.

Section 3.2.1 - General

The General maintains the Army as well as denotes who is paid for their service with the military. They also have access to a vast network that reports back on the status of all areas of the Viceroyalty of Bravia (aka the status of all nodes in Bravia). Any other additions to the position as General are added in the Charter of the Bravian Army.

Section 3.2.2 - People’s Representative

The People’s Representative is the office that all Communication to the Citizens of Bravia goes through. They are also responsible for maintaining the voice of the people in the council chambers through polls and/or fielding concerns to the council as a whole.

Section 3.2.3 - Public Prosecutor

The Public Prosecutor works with the courts and is responsible for filing all cases. They are also responsible that the cases are rightfully charged as we are a just Viceroyalty. If cases are misfiled to treat someone unjustly they could be charged with abuse of power.

Section 3.2.4 - Judge

The Judge gives the final verdict on all cases in accordance to the law of Bravia. They are also responsible that all cases have an appropriate sentence applied to guilty persons. If cases are judged unfairly or too harshly they could be charged with abuse of power.

Section 3.2.5 - Finance Minister

The Financial Minister handles the day to day finances and has access to the Viceregal Fair. They are also responsible for all goods coming and going through the Viceroyalty. If they are giving and buying goods for nefarious means they can be charged with abuse of power.

Section 3.2.6 - Mine Minister

The Mine Minister handles the day to day functions of the mines in Bravia. They are also responsible for making sure that the mines are in good health and repair. If they are letting the mines ruin themselves and take away jobs from the citizens of Bravia they can be charged with abuse of power.

Section 3.2.7 - Internal Affairs Minister

The Internal Affairs Minister is in charge of breeding and feeding animals that are sold to the citizens of Bravia. They also handle any and all upgrades to the castle. If they let animals die out or let the castle go into disrepair they can be charged with abuse of power.

Section 3.2.8 - University Rector

The University Rector is in charge of setting up classes and educating the population of Bravia. They also handle the finances of the University as well as keeping up the grounds. If they leave classrooms empty, books in disrepair, and fail to keep up the grounds they may be charged with abuse of power.

Section 4 - Laws

Any councilor can make a proposal or start a discussion. For those that require a vote, Bravia's Viceregal Council will use these guidelines.

Section 4.1

Legislation and Normal Business:

At least 5 days will be allowed for discussion before voting
After 5 days, any motion and second can call a vote.
The motion calling for vote should state the proposal intended.
For legislation, the motion to vote must say the specific law changes proposed.

Section 4.22

Polls shall last for 5 days on any law to give time all councilors to give due thought to every law. Vote changes will be allowed until the poll ends. Poll options will include: Affirmative (Yes) and Negative (No) and Abstention (Abstain).

1) Polls on law changes may not include more options.
2) Election or multiple choice polls may use other options plus one for Abstention. If there's no room in the poll for the option to abstain (vote for none of the options) councilors may say it instead.

Vote Counting:
Abstentions and illegal votes do not count as votes cast.
Choosing the poll option "Abstain," commenting or speaking during a poll counts only as a response to the poll.
In case of disagreement or contradiction, poll totals take precedence over commentary or spoken votes.

If the total number of poll responses is four or less, the poll is invalid; the proposal fails. Otherwise, if the total number of poll responses is five or more:

The proposal passes if the number of 'Yes' votes is higher than the number of 'No' votes.
For polls with more choices:
The winning option must receive a majority of total votes cast.
If no option wins a majority, a run-off poll will be held among the options receiving the highest numbers of votes.

Section 4.3

Emergency Rules:

Normal procedure for vote counting must be used for all votes. For legislative proposals, normal procedure for discussion and voting must be used. Voting time may not be limited to less than two days.

Outside of those restrictions, one or more emergency rules may be used in place of normal procedure:

a) Discussion time before voting may be limited to fewer than 5 days
b) Voting time may be limited (even held simultaneously with discussion)
c) Vote changes before polls close may be disallowed
d) Vote results may be called before polls close when a majority of active councilors select a single option other than abstention.

To use emergency rules:

A) Before a discussion:

The originator must include in the proposal topic: the reason for emergency action and which emergency rule(s) are to be used (the dates voting polls are to start and end, if vote changes will be allowed before polls close, whether poll results will be called early...) The councilor must notify all councilors with a PM copy of the full proposal.

B) During a discussion but before voting starts:

A councilor may call for the use of an emergency rule by stating the reason for emergency action and which emergency rule(s) to be used. If seconded, the proposer must notify all councilors of the change in procedure via PM with a copy of the proposal.

If any councilor replies to the chamber topic disagreeing with the use of an emergency rule, that emergency rule will not be used.

Section 4.1 - Amendments

As time changes and circumstance changes so too must the living document of the constitution. However, the constitution needs to be the backbone of Bravian Society. With this in mind amendments to the constitution may be added or subtracted with a 4/5 vote of the sitting council.

Article 3 - Bravian Army

To create a secure and unified Bravia, the Army of Bravia will serve with distinction and pride. Working towards the betterment of the Free Republic of Bravia. As a secure Viceroyalty the Army defends all towns and borders. Hence forth the Bravian Council will set forth and create a charter for the army to abide by. This charter will be upheld by all that serve Bravia under her army's flag.

Article 4 - Church and State

The Viceroyalty of Bravia being a constitutional republic the Church has no control over the State nor does the State have control over the Church. However, there is a symbiotic relationship between both institutions. As such laws that promote tranquility and stability of the peasants and citizens of Bravia will be upheld by the state for the church if the Overseer or Priest(ess) asks it of the state.

Signed,

Aingeal
Viceroy

Scarlet
Finance Minister

Apoc
General

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(Anessen)
Asst. Internal Affairs Minister/Mine Minster/Judge

Karcier-Aisu
People's Representative

Victorious
Public Prosecutor


Willow
Internal Affairs Minister
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This world is but just a canvas for our imagination - Henry David Thoreau

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