Constitution for Eutopia 2 (aka "November Constitution")
(as it stood at the end of E2)
Constitution for Eutopia
Part A. National Executive
I.
[Presidential election] The President is Head of State as well as Head of Government. S/he is elected every two years by popular vote using an alternative vote system. [
Please note: In actual gameplay practice, elections take place every ten weeks.]
II.
[President and legislation] The President may propose legislation in the National Assembly. If a vote is tied in the National Assembly, the President may cast a tie-breaker vote (provided all MNAs have already voted).
III.
[Appointment of Ministers and Directors-General] The President freely appoints and dismisses national Ministers and provincial Directors-General. Ministers may not propose legislation in the National Assembly, unless they are also MNAs. The President may (but need not) administer one Ministry directly.
IV.
[Ministerial portfolios] Ministries are organized along the following lines:
- MINISTRY OF DEFENSE AND INTERNATIONAL AFFAIRS (MDIA): Defense, International Affairs, Public Company: ENDTech
- MINISTRY OF TRADE, ECONOMY, AND FINANCE (MTEF): Finance, Economy, Trade, Domestic Transportation (rails and highways, domestic air travel regulation; primarily construction, maintenance, and regulation pertaining to interprovincial transport and trade), Public Works (water and sewer, dams, public works projects), Forestry, Fisheries, Energy and Public Utilites (regulation of energy and telephone), Agriculture, Natural Resources and Mining, Public Company: Recom
- MINISTRY OF IMMIGRATION AND LAW ENFORCEMENT (MILE): Law Enforcement, Coast Guard, Customs, Justice, Property and Civil Rights, Immigration, Citizenship, Postal Service, International Transport, Navigation and Shipping, Public Company: Maritcon
- MINISTRY OF HEALTH, ENVIRONMENT AND & SOCIAL AFFAIRS (MHES): Health, Environment, Labour, Welfare, Family, Youth, Public Companies: Medicure and Omnicare
- MINISTRY OF EDUCATION, CULTURE AND TECHNOLOGY (MECT):
Education, Language, Culture, Communities, Science, Technology,
Communication, Media (broadcast communications, not telephone)
Sports, National Parks
V.
[State corporations] Ministers freely appoint and dismiss the CEOs of state corporations which fall within their portfolio.
VI.
[Vice-President] One of the Ministers is designated Vice-President by the President and fulfills the President’s functions if and while the latter is absent. If the President resigns or loses his/her office for other reasons, s/he will be succeeded by the Vice-President.
VII.
[Commissions] The President is a voting member of all Governmental Commissions (Commissions set up by the national executive), the Vice-President a non-voting member of all Parliamentary Commissions (i.e., Commissions set up by or at the behest of the National Assembly).
Part B. National legislature
VIII.
[National Assembly] The National Assembly is elected every two years by proportional representation and consists of eight Members (MNAs). [
Please note: In actual gameplay practice, elections take place every ten weeks.]
IX.
[Legislation] (1) Any MNA may propose bills in the National Assembly. After sufficient discussion, and once they have been seconded by at least one other MNA, bills need to be put to a vote. Bills proposed by the President need to be seconded by at least one MNA to be put to a vote after sufficient discussion.
(2) Bills are passed into law by a majority of votes cast (MNAs have five days to cast a vote). Constitutional amendments require six votes in favour to be passed into law.
X.
[Replacing MNAs and Assembly roll-calls] (1) If an MNA is going to be absent for more than fourteen days, s/he will have to resign his/her seat, to be replaced with another candidate from their party or alliance. If an MNA resigns or loses his/her seat for any other reason, s/he will be replaced in the same manner.
(2) Half-way through a term, the Speaker will hold a roll-call; all MNAs are required to respond to that roll-call within one week. MNAs who fail to respond will lose their seat.
XI.
[Vacancies] If a party or alliance cannot fill a seat in the National Assembly at a given time, the seat will remain vacant until it can.
XII.
[Speaker] The Speaker is responsible for organizing debate in the National Assembly, tallying Assembly votes, maintaining the Eutopia Law Gazette, and holding Assembly roll-calls.
XIII.
[Speaker election] (1) The Speaker is an MNA, elected to the post by his/her fellow MNAs by an alternative vote system. A party's/alliance's lead Assembly candidate is automatically also that party's/alliance's candidate for the Speakership; if s/he is not eligible for the Speakership or withdraws his/her candidacy, the second-seeded candidate will be the Speaker candidate, and so on.
(2) The Speaker election is organized by the previous Speaker or, if that is impossible, by the previous Deputy Speaker. A Speaker candidate who wishes to withdraw his/her candidacy should notify the previous Speaker or Deputy Speaker (as the case may be) of their withdrawal no later than 3 days after the official election result has been announced by the CRO. A party/alliance not wishing to nominate a candidate for Speaker should notify the previous Speaker or Deputy Speaker within the same timeframe.
(3) Speaker elections will begin 3 full days after the election result has been announced and end after 3 days.
XIV.
[Deputy Speaker] The Speaker appoints one fellow MNA to the post of Deputy Speaker; the Deputy Speaker fulfills the Speaker’s functions if and while the latter is absent. If the Speaker resigns or loses his/her office for other reasons, s/he will be succeeded by the Deputy Speaker.
XV.
[Impeachment] The National Assembly can remove the President from office if at least six MNAs support the measure.
Part C. Constitutional Court and Administration
XVI.
[High Court] The High Court is Eutopia’s constitutional court and highest court of appeal. It serves as a watchdog to make sure that the constitution is being respected by the state’s institutions. [
Please note: In actual gameplay practice, the High Court is played by the GM Content.]
XVII.
[Chief Registration Officer] The CRO is responsible for overseeing the citizen registry, as well as conducting referenda and public (presidential and Assembly) elections. [
Please note: In actual gameplay practice, the CRO is played by the GM Admin.]
Part D. Military
XVIII.
[Command structure] The President is Eutopia's Commander-in-Chief. The Chiefs of each of the three services (army, navy, airforce) make up Central Command. Service Chiefs are freely appointed and dismissed by the MDIA. Only Generals or equivalent can be appointed Chief.
XIX.
[Removal of Chiefs] The National Assembly can remove Service Chiefs if at least six MNAs agree to the measure.
Part E. Provinces and Territories
XX.
[Types of provinces and territories] (1) Directorial Provinces: Jacobia, New Lancaster, Gloriana, New Schleswig, St. Brendan.
(2) Autonomous Provinces: Nouvelle Anjou, Nouvelle Aquitaine, Saint-Esprit, Isabela, Nueva Rioja.
(3) National Territories: Western Eutopia Territory, Capital District.
XXI.
[Directorial provinces] Directorial Provinces are purely administrative units and thus have no legislative powers; they are headed by a Director-General (chief of administration) freely appointed and dismissed by the President.
XXII.
[Autonomous Provinces] (1) Autonomous provinces are self-governing in the areas of education, language and culture. They elect Provincial Assemblies to legislate in these areas (subject to approval/disallowance from the National Assembly). Provincial Assemblies also elect a First Minister to form a provincial government.
(2) In all other areas, Autonomous Provinces are merely administrative units; administration in these areas is headed by a Director-General (chief of administration) freely appointed and dismissed by the President.
XXIII.
[Territories] Territories are adminstrative units; they are administered directly by the MILE.
Part F. National Elections
XXIV.
[Eligibility] All citizens are eligible to vote or run for public office; non-citizens can neither vote nor run for public office.
XXV.
[Parties] Every citizen may join or form a party. Parties need to have a clear party programme in order to participate in elections.
XXVI.
[Election timeframe] Announcements for elections and referenda will be made by the CRO six days before they begin. In the case of presidential/ Assembly elections, candidacies have to be declared at the CRO office at least one day before elections begin. Citizens will have five days to cast their vote in an election or referendum.
XXVII.
[Candidate nominations] (1) Anyone may run for President. Parties may nominate only one presidential candidate.
(2) Only parties can nominate candidates for Assembly elections; nominations need to be submitted to the CRO office by the party leader or deputy leader.
(3) In both Assembly and presidential elections, parties can only nominate their own members.
(4) By way of an exception, two or more parties may join an alliance and submit a joint presidential candidate and a joint Assembly candidate list to the CRO.
XXVIII.
[Threshold] Parties or alliances which get fewer than five percent of votes in a National Assembly election will not gain any seats in the Assembly. [
Please note: in actuality, parties or alliances need eight percent of player votes to be considered for additional, GM-assigned votes and NA-seats.]
Part G. Incompatibilities
XXIX.
[National executive] (1) The President cannot be a MNA at the same time.
(2) Ministers may not hold the office of Speaker or Deputy Speaker.
XXX.
[Provinces and municipalities] (1) First Ministers, Directors-General and members of provincial assemblies may not hold public office at the national level (President, Minister, MNA, Speaker, Deputy Speaker).
(2) Mayors may likewise not hold public office at the national level.
Part H. Budget
XXXI.
[Draft budget] The MTEF is responsible for drafting a budget each term in consultation with the President and other Ministers. The President will submit the draft budget to the National Assembly if and when it finds his/her approval.
XXXII.
[Budget legislation] Once submitted to the National Assembly, a draft budget will be considered an ordinary (non-constitutional) bill. The National Assembly may make any changes to a draft budget it sees fit.
XXXIII.
[Continuing operation] If the National Assembly does not pass a budget within six months after a term begins, expenditure and revenue provisions for the current term will automatically be identical to those of the previous term in order to guarantee the integrity of government services. [
Please note: in real time, the NA has two months to pass a budget.]
First Amendment: Popular Responsibility of the Executive Branch
I.
[Vice-Presidential Candidates] Each party or coalition running one of its members for the office of President must submit to the office of the Chief Registration Officer its candidate for Vice-President before the appropriate deadline set by the CRO. The Vice-Presidential candidate need not be a member of the party or coalition, but if he is not, he must submit a statement to the CRO stating that he is willing to run for the office of Vice-President.
II.
[Vacancy of Vice-Presidency] If the office of the Vice-President is vacant, the President shall, within the first 72 hours of the beginning of such vacancy, nominate a Vice-President who shall only be sworn if a vote of the National Assembly, called immediately after the nomination, returns a majority in favor of confirming the Vice-Presidential nominee. If the vote fails to return a majority, the President shall submit another nominee for consideration by the National Assembly within 72 hours.
III.
[Vice-President holding a Ministry] In order to be Vice-President, the Vice President must also hold a ministerial position outlined in this Constitution. If this condition is for any reason not met at any point in time, the office of the Vice President shall be considered to be vacated.
IV.
[Removal of Cabinet members] The Vice President or any Minister whose position is outlined in the Eutopian Constitution may be removed from office by a thirteen-twentieths vote of the National Assembly.
V.
[Re-appointments precluded] Any individual removed from office by the method outlined in Section IV of this amendment may not be appointed to the Vice-Presidency or any Ministry outlined in the Eutopian Constitution until after the following general election, unless approved by a majority vote of the National Assembly.
Second Amendment: Presidential Succession
I.
[Vacancy of Presidency] Should the President die, resign, or be removed from office by the National Assembly, the Vice President shall succeed the President.
II.
[Vice-President unable to assume Presidency] In such a case, should the office of Vice President be vacant, or the Vice President is for any reason unable to take the office of the President, the office of President shall be held by the Speaker of the National Assembly.
III.
[Speaker unable to assume Presidency] In such a case, should the Speaker of the National Assembly be unable to assume the duties of the President, that the order of succession shall be MDIA, MILE, MTEF, MHES, MECT (or their equivalents), followed by any ministries created after the ratification of this amendment, in order of seniority. Should none of the holders of the outlined offices be able to assume the duties of the President, the government shall be recalled and an emergency midterm election shall be rendered immediately with the High Court temporarily maintaining all essential government duties.
IV.
[President declaring temporary inability to fulfill duties] Should the President ever deem himself incapable of fulfilling the duties of his office, he may submit a written statement bearing his signature to the Chief Justice of the High Court, stating that he is unable to fulfill the duties of the office of the President, upon the reception of which the duties of the office of the President shall devolve upon the next in the line of succession to the office of the President, until the Speaker of the National Assembly receives a second written declaration bearing the President's signature stating that the President is once again able to fulfill the duties of the office of the President.
V.
[Cabinet declaring President temporarily unable to fulfill duties] (1) The duties of the office of the President shall devolve upon the next in line of succession to the office of the President upon the reception by the Chief Justice of the High Court of a written declaration bearing the signatures of three-fourths of the Cabinet and the Vice President stating that the President is unable to fulfill the duties of the office.
(2) The President shall resume the duties of the office of the President upon the Speaker's reception of a written declaration bearing the signature of the President stating that he is once again able to fulfill the duties of the office of the President, unless a written declaration to the contrary bearing the signatures of three-fourths of the Cabinet and the Vice President is received by the Speaker within forty-eight hours.
(3) In this case the Vice President shall continue to hold the office of the President and the Speaker of the National Assembly shall convene, within 48 hours, a tribunal of the Speaker of the National Assembly, the Chief Justice of the High Court, and the Chief Registration Officer. This tribunal shall by majority consensus decide whether the President is able to fufill the duties of the office of the President.
V.
[National Assembly declaring President temporarily unable to fulfill duties] The National Assembly may, by a thirteen-twentieths majority, declare the President unfit to fulfill the duties of the office of the President, in which case the next in the line of succession shall assume the duties of the office of the President until such time as a simple majority of the National Assembly declares that the President is once again capable to fulfill the duties of the office of the President.
VI.
[High Court declaring President temporarily unable to fulfill duties] (1) If the President is, at any time, unavailable (unavailable being defined as having made no official public appearances, nor having made contact, written or verbal, with any member of the Cabinet, National Assembly, or High Court) without explanation and notification of such a state to the Cabinet, the High Court, or the National Assembly for a period of eight days, or is unavailable for any reason for a period of fourteen days, he shall be deemed unable to fulfill the duties of the office of the President, and the next in the line of succession shall assume the duties of the office of the President until the President submits a written statement to the High Court stating that he is once again available to serve as President of Eutopia.
(2) The High Court shall be the arbiter of the unavailability of the President.
Third Amendment: Eutopian Charter of Rights
The following rights are guaranteed by the people in their capacity as the sovereign authority in the republican government of Eutopia for the benefit of all humanity:
CHAPTER A: PERSONAL RIGHTS
I.
[Title] The title of this enactment shall be "The Eutopian Charter of Rights."
II.
[Assembly] All persons shall have the right to peaceably assemble and to associate with one another.
III.
[Movement] Citizens shall have the right to freely move within the nation, and the right of citizens to re-enter Eutopia may not be denied. This section will be subject to the limitations and conditions of the Constitution. The National Assembly may limit this right based on compelling governmental interest.
IV.
[Petition] All persons shall have the right to petition a court of law of the Republic for redress of such grievances and causes of action that the law of the Republic recognizes, and to petition their government on any matter.
V.
[Press] The freedom of the press shall not be denied.
VI.
[Privacy] Every person has the right to privacy in his or her person, effects, and property.
VII.
[Religion] The free exercise of religion shall not be restricted. The government shall take no role in religious affairs, and shall not sponsor or establish any religion.
VIII.
[Speech] All persons shall have the right -- in public or in private -- to free speech, expression, thought, and conscience.
IX.
[Vote] The right of citizens who have attained the age of eighteen to vote in bona fide elections shall not be denied, except in the case of convicted felons, and then only under such circumstances as the National Assembly may designate.
X.
[Life] All persons shall have the right to life. The power of the government to execute persons convicted of capital crimes and sentenced to death, in accordance with the procedures mandated by the National Assembly, shall not be considered an infringement on this right; nor shall abortion or do-not-resuscitate orders be considered violations of this right unless the National Assembly shall mandate otherwise.
XI.
[Education] All persons shall have the right to twelve years of education, starting at age six. All persons shall have the right to pursue whatever educational opportunities they are qualified for.
XII.
[Profession] Neither the government nor private organizations or industries shall infringe upon the right of individuals to pursue whatever lawful calling they may choose, provided they are qualified for it. The government may establish reasonable testing procedures to guarantee qualification, provided those procedures do not conflict with this Section or other provisions of this Charter. This provision shall not be taken to preclude individuals from forming labor unions or other professional organizations.
XIII.
[Environment] All persons shall have the right to live and work in a safe environment conducive to their health, well-being, and personal growth.
CHAPTER B: RIGHTS OF THE ACCUSED
XIV.
[Arrest] No person shall be placed under arrest unless there exists probable cause to do so.
XV.
[Personal search] All individuals shall be secure in their persons and attendant effects except insofar as is necessary to guarantee the safety of law enforcement officers, or in cases where the individual consents to being searched. Personal searches may be conducted pursuant to a validly conducted arrest. In circumstances where arrest is unavoidably imminent, including but not limited to cases of hot pursuit or where illegal evidence is in plain view, searches may constitutionally be conducted as though the suspect was already under arrest.
XVI.
[Search of property, and seizure] The property of all persons, both real and personal, shall remain secure from unreasonable governmental intrusion, unless permitted by a duly authorized warrant. Such warrant shall be based upon probable cause, supported by oath or affirmation, and approved by a court. Such warrant shall designate specifically the property to be searched. While conducting a search, government officials may seize only those things which may reasonably support an arrest and prosecution, or which may otherwise aid law enforcement in the conduct of their investigations.
XVII.
[Counsel] All persons arrested for a crime shall have the right to consult with counsel before, during, and after trial.
XVIII.
[Bail] Bail shall be available in all cases, except those where the judge deems it imprudent. Bail amounts shall be proportional to the severity of the crime.
XIX.
[Grand Jury] A grand jury shall be convened in all felony cases to determine whether the government possesses adequate evidence to proceed with trial.
XX.
[Trial] Any individual accused of a crime shall be informed of the charges against him prior to the first court appearance in respect of those charges. All persons accused of a felony shall be entitled to trial by a jury of their peers. All trials shall be conducted fairly, quickly, and within the public view. The accused shall not be denied the right to confront the witnesses against him, nor the right to secure witnesses of his own.
XXI.
[Self-incrimination] In criminal cases, the accused shall not be required to testify against his or her interest before, during, or after trial.
XXII.
[Ex post facto laws] No individual shall be subject to criminal charges for conduct completed when said conduct was made criminal.
XXIII.
[Double jeopardy] No individual shall be required to stand trial twice for the same crime.
XXIV.
[Habeas corpus] No person detained within Eutopia's sovereign territory shall be denied the right to submit writs of habeas corpus to the courts for the review of government action.
XXV.
[Punishment & fines] No individual shall be subjected to torture or any method of cruel or unusual punishment, nor the threat of torture or cruel or unusual punishment; nor shall any individual be subject to fines out of proportion with the severity of their crime.
CHAPTER C: GOVERNMENTAL GUARANTEES AND STRICTURES
XXVI.
[Due process] The government shall at all times guarantee the due process of law as laid down by the provisions of the Constitution and as codified as customary international law.
XXVII.
[Citizenship] Citizenship may be acquired via jus soli, jus sanguinis, or by other means designated by the Minister of Immigration and Law Enforcement or any successor office responsible for immigration. Citizenship, once granted, is unconditional and may not be revoked.
XXVIII.
[Discrimination] No right or privilege, whether granted publicly or privately, by statute, code, regulation, common law, practice, or other means, shall be denied, abridged, or otherwise altered on the basis of race, color, ethnicity, sex, religion, national origin, sexual orientation, or indicia of those.
XXIX.
[Sovereign immunity] No unit of government, or authority created or delegated by that government, may be brought to account in a court of law unless the government shall give its consent so to do. No such governmental agency shall be immune from justly adjudicated liability unless it is also immune from suit. No governmental agency may utilize this section to deny redress under a substantive right guaranteed by the Constitution.
XXX.
[Extent of protection] The government shall at all times endeavor to protect the rights guaranteed herein, and the enumeration of the rights herein shall not be taken to deny additional rights to individuals as may be determined in accordance with this document, the Eutopian constitution, and the rule of law.