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Old January 23, 2003, 09:47   #1
J Bytheway
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Yet another proposed amendment
Well, since both previous threads have ceased their activity, here is another proposed amendment combining both H Tower's and my own (more details below). I tried to leave all changes from the current con in bold.

I remind you again not to click the internal links.


Article II: Executive Branch: The Ministers


1. General Contents

(a) The members of the Executive Branch are called ministers and the positions in the Exective Branch are called ministerial offices or executive offices.
(b) Any citizen become a candidate for an executive office by expressing his desire to in the thread started by the Court as described in Article V, paragraph 1(e).
(c) An elected minister is charged with the duties explained in this Section 2 of this Article until the end of the term for which the minister was elected.
(e) The terms for all elected offices last one month. All ministers will remain in office for this period unless they resign or are impeached before the end of it.
(f) If a minister will be unable to perform its duties for some part of the term, this minister is obliged to choose a willing citizen as delegate, who will act on his behalf, until further notice from the minister or the end of the position term, whichever is the sooner. This delegate will still be subordinated to the citizen being replaced. A minister can be delegate of a fellow minister.
(g) A minister who expects to have to appoint a delegate for a significant portion of the term is encouraged to resign.
(h) Every in-game action made or recommended to the President by a minister must be posted to the forum, no matter how insignificant it is.
(i) All resolutions passed by the citizens through a resolution poll declared valid by the Court will be obeyed by all ministers and will overrule all decisions made by ministers in order to make its content part of the game.

2. Government Positions

I. The President
(a) The President shall physically play the game on a regular and scheduled basis whenever possible and post the save and a complete report of the game events to the forum.
(b) The President is encouraged to use turnchats, turnthreads, or any other similar method while playing the game.
(c) The President must follow the instructions of the Court, the Ministers and their delegates while playing the game and doesn't hold any veto powers unless specifically named in the constitution. If an instruction is clearly erroneous, or by changed circumstances made impossible or harmful the President may decide in the best interest of the game.
(d) In case of missing orders for a whole turn from a minister and all his delegates the President may not play on.
(e) The President is responsible for the naming of all new cities of the empire regardless of how the cities were created or assimilated. A name has to be evaluated by the citizens through an Official Poll (Article IV, Subsection 3-II) before a city is named.
(f) The President is in charge of all the Empire settings and sliders, including Rations, Workday, Wages, Public Works rate and Science rate.
(g) The President has the power over the monetary reserve. Therefore every money spending decision must have the approval of the President in order to be act.

II. The Minister of Domestic Affairs
(a) The Minister of Domestic Affairs is responsible for managing all cities. This includes their distribution of specialist citizens and production queues, rushed production requests and disbanding.
(b) The Minister of Domestic Affairs can only disband a city after this action has been evaluated by the citizens through an Official Poll (Article IV, Subsection 3-II).
(c) The action of Rush buying items can only be perfomed with the President's approval.
(d) The Minister of Domestic Affairs is responsible for settlers, choosing site for new cities and moving these units to this site.

III. The Minister of Infrastruture
(a) The Minister of Infrastructure is ultimately responsible for the placement of tile improvements, choosing the best tile and the best improvement, with the current reserve of public workers.

IV. The Minister of Diplomacy, Trade and Science
(a) The Minister of Diplomacy, Trade and Science is responsible for gifts, requests, exchanges and agreements with other nations.
(b) The actions of the Minister of Diplomacy, Trade and Science are subject to the following further restrictions:
* Any payment of gold in gift or tribute must be approved by the President.
* Exchanges of cities must be approved by the Minister of Domestic affairs.
* Disarmement treaties must be approved by the Minister of Defence.

(c) The Minister of Diplomacy, Trade and Science is responsible for all unconventional units, except settlers. Spending gold with the unconventional units orders must be approved by President. Any action which would result in a declaration of war has to be evaluated by the citizens through an Official Poll (Article IV, Subsection 3-II).
(d) The Minister of Diplomacy, Trade and Science is responsible for all internal and foreign trade.
(e) The Minister of Diplomacy, Trade and Science is responsible for research.

V. The Minister of Defense
(a) The Minister of Defense is responsible for all units and their orders including the disband order, except settlers and all other unconventional units.
(b)Any action which would result in a declaration of war has to be evaluated by the citizens through an Official Poll (Article IV, Subsection 3-II).
(c) The Minister of Defense may name any army to ease discussions.


Article III: Judicial Branch: The Court


1. Purpose

(a) The Court is constituted to rule upon: contested disputes involving legal interpretation, validity of polls and elections, violations of the Constitution, or any other legal dispute involving the game.

2. Construct of the Court

(a) The Court is composed of 3 Judges who will serve a three month term of office. There is no limit to the number of terms a Judge may serve.
(b) Each Judge has to be elected by the people in a seperate election poll. Every month one of the Judge positions shall be open for election. This positition shall be the one of the Judge who has reached the end of his term.
(c) When the election of a Judge position starts, the Judge who enters the last month of his term becomes the Senior Justice.
(d) Paragrah 2(c) only applies to regular elections at the end of a Judge's term. It does not apply to elections that take place to replace impeached Judges. The replacement for an impeached Judge shall serve for the remainder of the term that their predecessor served. If the Senior Justice is impeached, the new Judge shall become the Senior Justice. If another Judge was impeached, the Senior Justice shall keep his position.
(e) A Judge may not serve in other governmental posts.

3. Cases

(a) The Court can only rule on cases filed. A case may be filed by any citizen who is not a Judge, by publically notifying the Senior Justice. This case must involve a dispute that the Court is empowered to rule upon.
(b) The Senior Justice will either accept or deny the case. This decision cannot be appealed. If the case is denied, the Senior Justice will publically inform the filer of the case, explaining the reason for the denial.
(c) If the case filed deals with the constitutionality of a poll, the judges may make an immediate ruling without the use of a public hearing if all the judges agree with the ruling. The ruling may be challenged by either the owner of the thread or the person who filed the case. A public hearing will then be commenced to hear the case.
(d) Upon acceptance the Senior Justice is to open a thread with the description of the case. A public hearing will be held in that thread lasting three days.
(e) After three days, the thread will be closed and the Senior Justice will organize the Court's ruling. At least two Judges must vote on any ruling that is made. Any ruling is immediately official and final as soon as two Judges have voted in favour of it.
(f) The only possibilty of an appeal is a Resolution poll put up by the citizen that filed the case, the respondent or by a Minister or by the President. In that case, the current verdict is placed on hold until after the appeal is voted upon. The ruling of the Court can be declared void by means of a Resolution poll.
(g) If a ruling is declared void by appeal, a new public hearing will be held in accordance with paragrahs 3(c), 3(d) and 3(e), with the exception that the public hearing may be closed in less than three days if the Court deems this appropriate.

4. Rights and responsibilities

(a) The Court may make its own rules of procedure and enforce them upon citizens who are before it, so long as such rules are in accordance with the constitution.
(b) The Court will keep a record of all disputes, issues, and hearings before the Court. The Court will also keep a public record of the Constitution in its current form. The Court may appoint a Clerk of the Court to keep these records.
(c) If the Court rules that the actions of certain Citizens are in violation with the Constitution or other rules of Lemuria, it may hand out punishments to these Citizens if it deems this appropriate. The Court will determine for itself what kind of punishment is applied, the punishment must fit the crime. However, no punishments may permanently affect a Citizens participation in the Democracy Game, the Court may not dismiss active members of government (although it may start up impeachment procedures as described in Article V) and the Court may not alter the Constitution (although it may start an Amendment poll, as described in Article IV Subsection 3-IV).
(d) Punishments the Court may hand out include but are not limited to: warnings, impeachment procedures, barring Citizens from specific or any government offices in future elections, banning Citizens from the Democracy Game, declaring resolutions void, closing threads or polls, deleting or editing posts or threads, declaring polls invalid. Punishments which require action from the CtP2-Democracy Game forum moderator must be approved by this moderator, who shall offer an explanation to the Court if approval is not given.
(e) The Court may issue an injunction to halt any aspect of the game for up to 72 hours if at least two Judges agree to do so. Injunctions may only be issued for good cause. An injunction may only be continued beyond 72 hours if all three Judges agrees to do so. An injunction may be overturned at any time by a majority of the Court.
(f) The Court is responsible for organizing elections. It shall post election polls and nomination threads whenever this is needed, as defined in Article IV and Article V.


Article IV: Polling Rules


1. Definition and validity:

(a) All official decision making will be done through polls, in which Citizens can express their opinion on issues. A poll is the standard vBB poll feature in which people can anonymously vote for one of a list of options.
(b) There are 5 types of polls: Election polls, Official polls, Resolutions, Amendments and Unofficial polls.
(c) Any Poll that is not Unofficial (see Section 3, particularly Subsection V) and that violates any of the rules specified in this Article will be declared invalid.
(d) Any polls not declared ELECTION, RESOLUTION, AMENDMENT, or OFFICIAL will be considered Unofficial.
(e) The Court has the right to rule over the validity of polls. Invalid polls should be considered Unofficial and may be closed if the Court requests this.

2. Poll Organization:

(a) The first post of all polls must contain the following elements:
* A clear and unbiased explanation of the question and the answers, if needed;
* Expiration date, if applicable;
* Links to related threads or other information sources, if any;
* Type (see Section 3) and purpose of the poll (for example: information gathering or decision making).
(b) Two types of poll organization are allowed: Yes/No polls and multiple choice polls.
(c) Yes/No polls must have three options of which only one can be chosen. The three options must be:
* Yes, meaning that the voter agrees with what was stated in the poll;
* No, meaning that the voter does not agree with what was stated in the poll;
* Abstain, meaning that the voter does not have a specific opinion on what was stated in the poll or does not wish to express it. Abstain votes may not be considered to say anything about what was stated in the poll.
(d) Alternative terms for 'Yes' and 'No' may be used in a Yes/No poll, as long as their meaning is along the same lines as 'Yes' and 'No' (examples: 'I agree'/'I don't agree' or 'In favour'/'Against'). Terms are along the same lines as 'Yes' and 'No' when the question in the poll can be rephrased so that it can be answered with 'Yes' or 'No'.
(e) Multiple choice polls must have at least three options. Such polls must have an Abstain option as defined in paragraph 3(c). All other options are open for the poll creator to fill in as he wishes, as long as they are clear and unbiased.
(f) All polls except unofficial ones must have options of which only one can be chosen. Multiple selection polls (which are described in the vBB poll system as 'multiple choice') are expressly forbidden.

3. Poll Types:

I. Election polls:
(a) These polls must be started by the Court. They serve to elect the persons who will fulfill the official positions of the executive and judicial branches of the government, as defined in Article II and Article III.
(b) The subject line must contain the word 'ELECTION', written in capital letters, and the name of the office for which the election is held.
(c) They have to be multiple choice polls with only the names of the candidates as options. They can only be decision-making polls, they cannot be used for not information gathering.
(e) They must follow the rules as defined in Article V.
(f) Election polls in accordance with Article V paragraph 1(h) shall expire in five days and the Court must include the expiration time in the first post of the poll.

II. Official polls:
(a) These polls must be started by members of the executive branch of the government, as defined in Article II of this Constitution, and relate to the game.
(b) The subject line must contain the word 'OFFICIAL', written in capital letters.
(c) They can be either Yes/No or multiple choice polls and can be used for either information gathering or decision making.
(d) The government official who started the poll may or may not follow the opinion of the majority of the voters. In case (s)he does not follow what was decided, (s)he must make this decision public. Failure to do so will be regarded withholding of information, as defined in Article I Section 5, and can serve as grounds for Impeachment (see Article V).
(e) Official polls shall only expire at a time chosen by the officer who opened the poll. And if the poll has an expiring day the same officer who started it must include this information in the first post.

III. Resolutions:
(a) These polls can be started by any Citizen, including members of the governement, and must be used to propose resolutions. Resolutions, if passed, modify the rules that clearly affect the course of the game or the policy of the executive branch of the government (as defined in Article II of this Constitution). Except in the case of impeachments which shall be decided according to Article V Section 2.
(b) The subject line must contain the word 'RESOLUTION', written in capital letters.
(c) Resolution polls must be Yes/No polls. Multiple choice polls are not allowed as resolutions.
(d) Resolutions may not violate or change the Constitution. Resolutions may change, amend or remove any existing resolutions or judicial decisions regarding resolutions.
(e) If there are more votes in favour than against, and at least 1/6 of those citizens who do not abstain vote in favour, and the Court does not declare the poll invalid, then the resolution is considered passed. All Citizens must from that time on obey it.
(f) Resolutions must be recorded by the Court. The person who proposed the Resolution that has been passed must inform the Court of this as soon as possible.
(g) The Court will resolve all conflicts of resolutions. The Court’s ruling on an interpretation of a resolution is of the same power and authority as that resolution.
(h) Resolution polls shall expire in three days and the citzen who started the poll must include the expiring day in its first post.

IV. Amendments:
(a) These polls can be started by any Citizen, including members of the governement, and must be used to propose Amendments to this Constitution.
(b) The subject line must contain the word 'AMENDMENT', written in capital letters.
(c) They have to be Yes/No polls. Multiple choice polls are not allowed as Ammendments.
(d) Amendments may change/append/override any existing Laws, judicial decisions regarding Laws or any part of the Constitution.
(e) If there are more votes in favour than against, and at least 1/6 of those citizens who do not abstain vote in favour, and the Court does not declare the poll invalid, then the Ammendent is considered passed. All Citizens must from that time on obey it.
(f) Amendments of the Constitution must be recorded by the Court. The person who proposed an Amendment that has been passed must inform the Court of this as soon as possible.
(f) Amendment polls shall expire in five days and the citzen who started the poll must include the expiring day in its first post.

V. Unofficial polls:
(a) These polls can be started by any Citizen, including members of the government.
(b) They may only exist to debate or gather information. Their outcome should not be used by the president to make choices during game play, but may be taken into account by the ministers when providing instructions for the president.
(c) Unofficial polls are the only polls in which more than one option may be chosen from the list of options.
(d) They do not have to follow all the rules specified in this Article. However, rules specified in Article I of this Constitution must still be obeyed.

Last edited by J Bytheway; January 23, 2003 at 09:58.
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Old January 23, 2003, 09:48   #2
J Bytheway
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Article V: Government Changes


1. Elections

(a) The Court is empowered to oversee all elections and is empowered to resolve any election disputes according to the rules in this Constitution.
(b) An officer can leave his office in three ways:
* The term of the office ends.
* The officer is impeached.
* The officer resigns.

(c) An election process must be initiated by the court before the end of any government position term. The previous officer will remain in office until the end of the term or until a new candidate is elected, whichever is the later.
(d) If an officer resigns or is impeached, the timing of the election process and allocation of duties is as described in Sections 2 and 3.
(e) At the start of the election process, the Court must start a nomination thread. All citizens who wish to be candidates for an office must publicly express their nomination in this thread. For this they have three days.
(f) No citizen may be a candidate for an elected office if such candidacy might cause this citizen to be in more than one elected office simultaneously.
(g) If no candidate is nominated the Court shall extend the nominations for a further three days. This extension can be repeated indefinately.
(h) Once the time in which citizens may express their candidacy for a given elected office has expired, the Court will create an Election poll (see Article IV, Subsection 3-I) for the office, with the names of the candidates as options. The poll shall expire in five days.
(i) If only one candidate is available for an office, a Yes/No poll shall be held to decide if this person may serve in this office. This poll shall expire in five days.
(j) If the single candidate is rejected by a majority of voters then the Court shall reopen nominations for that office.
(k) The candidate who has received the majority of the votes when the election thread expires will be declared the new holder of the office for which he was a candidate.
(l) In case of a tie in the election poll, the other newly elected members of the same branch of government position in question whose election polls were not tied will vote again to decide which one of the tied candidates will take over this position. If all polls for executive branch positions are simultaneously tied then the Court (including the newly elected member, if there is one) shall select the President, and the President shall select the other ministers from the tied candidates in their respective election polls.
(m) In case of a tie in the election of a judge, the newly elected president will vote along with the two judges already in office in deciding who will be the new judge.

2. Impeachment

(a) Any Citizen may bring the case of impeachment of an elected Minister, President, or Judge to a member of the Court.
(b) The Court shall review the allegations made, allow an answer by the accused, and by a vote determine if there are proper and legal grounds to hold a Resolution poll to decide on impeachment. If the accusations are found to be without legal merit, the allegations shall be dismissed.
(c) Should a member of the Court be the subject of impeachment, he shall not take part in the decision by The Court. The President shall sit in this Court member place for the sole determination of whether the impeachment has merit, and shall be considered a “Judge” for that vote only.
(d) If the Court decides there are grounds for impeachment, it shall start a poll in which it clearly states the person to be impeached and outlines the events that led to the request for impeachment. If the impeachment is confirmed by a majority of the voters in the poll, the officer in question shall be removed from the office, losing all rights and responsibilities thereof.
(e) Elections for a replacement shall be started only if they could conclude at least one week before the end of the term for the office. If elections are not started a temporary replacement can be chosen as described in paragraph (h).
(f) The Court may open nominations for a replacement for the impeached official at any time while the impeachment poll is open if it considers that the impeachment is likely to occur. In this case, the nomination thread must clearly state that the election is conditional on the impeachment of the official.
(g) If the impeachment poll closes and the officer is impeached and nominations have not yet begun, then the Court must start them as soon as possible.
(h) The Court may choose a willing citizen to fill that office until a replacement is elected. The chosen citizen will have the word temporary as a prefix to the name of their office.

3. Resignations

(a) Any officer may announce his desire to resign at any time.
(b) Elections for a replacement shall be started be the court upon this announcement only if they could conclude at least one week before the end of the term for the office.
(c) The officer who wishes to resign shall be requested to remain in office until a replacement is elected.
(d) If the officer is unwilling to remain in office, then the Court may choose a willing citizen to fill that office until a replacement is elected. The chosen citizen will have the word temporary as a prefix to the name of their office.



Summary of changes

I believe that this amendment includes all prior changes by myself or H Tower except the controversial increase to the President's power to play on. Many were against that, so I took it out.

In addition I have corrected yet more grammar, and many of the internal cross-referencing (which was usually not even talking about the correct article).

I also propose a new system of measuring when we achieve a quorum in resolution and amendment polls.

The current system (require 1/3 of citizens to vote, and more yes than no) seems somewhat silly. Suppose that there were 30 citizens, then a resolution with 9 yes and 0 no votes will not be passed, but one with 6 yes and 5 no will be. Furthermore: in the first case, if another citizens arrives and votes against, then that vote will cause the resolution to pass! This is surely absurd.

I have changed this to a requirement that there are more yes votes than no votes, and at least 1/6 of the citizens vote yes. This means that a vote against will never pass a resolution. The main thing about which I am not sure is whether or not I should be exluding abstentions from the count. Any comment?

Last edited by J Bytheway; January 23, 2003 at 09:57.
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Old January 23, 2003, 10:17   #3
mapfi
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Quote:
The current system (require 1/3 of citizens to vote, and more yes than no) seems somewhat silly. Suppose that there were 30 citizens, then a resolution with 9 yes and 0 no votes will not be passed, but one with 6 yes and 5 no will be. Furthermore: in the first case, if another citizens arrives and votes against, then that vote will cause the resolution to pass! This is surely absurd.
I noticed this too and you're right. 1/6 sounds fine to me - as for the abstains, not counting them is a pity but the only thing I could come up with is that a majority of yes votes over no-abstain would be needed. That makes it a little tougher but would make sense too. By voting abstain you decide, that you don't agree but are voting for discussion to go on - by voting no, you want the discussion to stop in that direction. But if we do such thing, then the same should count in elections and other polls. So what do people think of this?
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Old January 23, 2003, 10:19   #4
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