Judicial Decision Needed Move to Ratify Constitution.

[checkMate]

Do the other members of the court agree to start an Amendment Poll Thread as shown below?

Alternatively we may submit this constitution to a constitutional convention thread and ask that some other citizen submit it to the Amendment Poll.

Poll Question: Do you favor ratification of the attached constitution.
Poll options Yes, No, Abstain.

In the poll we would offer the following explanation

"In the absence of any other formal mechanism, we have decided to use the Amendment Poll to facilitate official ratification of this initial constitution.

All amendment polls, including this one, are open for five days.

If this version of the constitution is not ratified, we will re-convene the constitutional convention.

This constitution has been modified from H Towers work. Most changes were to make internal numbering consistent, to correct grammar or spelling. But there were also the following substantive changes from the H. Tower version.

Article I: Item 6) was added

Article II Section IV Minister of Diplomacy Trade and Science was extensively changed to make the nomenclature more consistent with the CTP diplomacy options.

Article III Chapter 3: A subchapter c was inserted to provide for appeal of a case denial by the senior justice.

Article IV Section III-a: Resolution Polls Added affect of resolutions on Judicial decisions in the case of appeals.

Article IV removed a couple of redundant sentences “Multiple choice polls are not allowed as amendments.” "

<< The following is the text of the constitution >>

<< Articles IV and V have to appear in a second post >>

Article I: Bill of Rights

1. Any person who has registered to participate in this Democracy Game in the CtP Democracy Game Civ Group is considered a Citizen. No person shall be denied the right to become a Citizen.

2. No Citizen shall ever be in any poll denied the right to vote and to keep this vote private. No Citizen shall ever be forced to vote in any poll.

3. Freedom of speech and the right to associate into any form of organization shall not be denied unless it violates Apolyton rules.

4. No citizen may be punished in any way without the consent of the Court. Still no one shall be banned permanently from participating in the Democracy Game, excluding those who are permanently banned from Apolyton. Note that people may still be banned for any amount of time, as long as it is not permanent.

5. The government may not knowingly hide information or give false information to the people. Therefore all citizens shall have access to the saved games. However, no Citizen shall ever 'play ahead'.

6. No citizen may be compelled to undertake any activity without his/her consent.




Article II: Executive Branch: The Ministers

1. General Contents

(a) The members of the Executive Branch are called ministers and the positions in the Executive Branch are called ministerial offices or executive offices.
(b) Any citizen may become a candidate for an executive office by expressing his desire to in the thread started by the Court as described in Article V, Section 1-e.
(c) An elected minister is charged with the duties explained in Chapter 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 may be the delegate of a fellow minister.
(g) A minister who expects to have to appoint a delegate for a significant proportion 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 must 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 turn-chats, turn-threads, 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 only play on if at least two cabinet members and 3 other citizens are present in a turn chat.
(e) The President is in charge of naming 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, section 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 money reserve. Therefore every money spending decision must have the approval of the President in order to be acted on.

II. The Minister of Domestic Affairs

(a) The Minister of Domestic Affairs is responsible for managing all cities. Including their distribution of specialist citizens and production queues, rushed production requests and disbanding of cities.
(b) The Minister of Domestic Affairs can only disband a city after this action be evaluated by the citizens through an Official Poll (article IV, section 3-II).
(c) The action of Rush buy build queue items can only be performed with the President's approval.
(d) The Minister of Domestic Affairs is ultimately responsible for settlers, choosing site for new cities and moving these units to this site.

III. The Minister of Infrastructure

(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.
(c) The Minister of Diplomacy, Trade and Science can propose a gift to another civilization or give in to a demand of tribute only with the approval of the president.
(d) Peace treaties need the approval of the Minister of Defense.
(e) Alliances need the approval of the President.
(f) The Minister of Diplomacy, Trade and Science has the control over all unconventional units, except settlers. Spending gold with the unconventional units orders has to be approved by the President. Any action, which would result in a declaration of war, has to be evaluated by the citizens through an Official Poll (article IV, section 3-II).
(g) The Minister of Diplomacy, Trade and Science controls all internal and foreign trade.
(h) The Minister of Diplomacy, Trade and Science controls research.

V. The Minister of Defense

(a) The Minister of Defense controls 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, section 3-II).
(c) The Minister of Defense shall name all armies that he/she thinks is necessary to make discussions easier.







Article III: Judicial Branch: The Court

1. Purpose:

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 separate election poll. Every month one of the Judge positions shall be open for election. This position shall be the one of the Judge who has reached the end of his term.
(c) The moment the election of a Judge position starts, shall be the moment on which the Judge who enters the last month of his term becomes the Senior Justice.
(d) Section 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 was serving. If the Senior Justice was 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. Any citizen, who is not a judge, may file a case by publicly 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. If the case is denied, the Senior Justice will publicly inform the filer of the case, explaining the reason for the denial.
(c) The filer of a denied case may appeal the denial by posting a Resolution poll as described in Article IV Section 3-III. The court must accept cases if a more than ½ of the voters elect to overturn the denial. The court must deny the case if more than ½ of the voters elect to up-hold the denial. In the event of a tie, the Senior Judge must decide whether to accept the case. No further appeal is allowed after the completion of the Resolution Poll.
(d) 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 owner of the pole thread, or the person who filed the case may challenge the ruling. A public hearing will then be commenced to hear the case.
(e) 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 unless Section 3(d) applies.
(f) 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. All rulings are immediately official and final as soon as two Judges have voted in favor of it.
(g) The only possibility of an appeal is a Resolution poll put up by the citizen that filed the case, the respondent or by a Minister or 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.
(h) If a ruling is declared void by appeal, a new public hearing will be held in accordance with sections 3(d), 3(e) and 3(f), 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 most current form. The Court may appoint any willing citizen to be the Clerk of the Court to keep these records.
(c) If the Court rules that the actions of certain Citizens are in violation of the Constitution or other rules of Atlantis, 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 is allowed to start up impeachment procedures as described in Article V) and the Court may not alter the Constitution (although it is allowed to start an Amendment poll, as described in Article IV).
(d) Punishments the Court hands out must 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 CtP-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 they are needed, as defined in article III and article IV.

[checkMate]

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) Any Poll that is not Unofficial (see section 3) and that violates any of the rules specified in this Article will be declared invalid.
(c) Any polls not declared ELECTION, RESOLUTION, AMENDMENT, or OFFICIAL will be considered Unofficial.
(d) 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 4) and nature of the poll: 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 and cannot be multiple selection. Such polls must at least have an Abstain option as defined in section 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.

3. Poll Types:

There are 5 types of polls: Election polls, Official polls, Resolutions, Amendments and Unofficial polls.

I. Election polls:
(a) Election 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 of this Constitution.
(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 information gathering.
(e) They must follow the rules as defined in Article V of this Constitution.
(f) Election polls in accordance with section 1-f of Article V shall expire in five days and the Court must include the expiring day 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 in a day 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 government, and must be used to propose resolutions. Resolutions, if passed, modify the rules that clearly affect the course of the game, the policy of the executive branch of the government (as defined in Article II of this Constitution), or the decisions of the court (as define in Article III of this Constitution.) Resolutions involving impeachment shall be decide according to Chapter 2 of Article V.
(b) The subject line must contain the word 'RESOLUTION', written in capital letters.
(c) They have to be Yes/No polls.
(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 more than 1/2 of the voters votes in favor of the resolution, at least 1/3 of all Citizens vote in the poll and the Court does not declare the poll invalid, the resolution is considered passed. All Citizens must from that time on obey it.
(f) All elected 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 government, 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 Amendments.
(d) Amendments may change/append/override any existing Laws, judicial decisions regarding Laws or any number of existing sections of the Constitution.
(e) If more than 1/2 of the voters votes in favor of the Law, at least 1/3 of all Citizens vote in the poll and the Court does not declare the poll invalid, the Amendment 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 citizen 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 affect the course of the game or the policy of the government.
(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.
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 election for a given government position is started if the term of the position is about to end or the person in the position is no longer in office for other reasons.
(c) If the reason for an election is the end of a term, the election process must start eight days before the end of the given government position term. The previous official will remain in office until the end of the term or until a new candidate is elected, whichever is the later.
(d) If the reason is the decision that the citizen in the government position can no longer perfom its duties, the election process must start immediately after this decision is made. Until a new candidate has been elected, the other members of the branch of government in question will appoint a substitute to temporarily take over the open position, allowing the game to continue.
(e) At the start of the election process, all citizens who wish to be candidates for an office must publicly express their candidacy in a nomination thread begun by the court. For this they have three days. 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.
(f) 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, section 3.I) for the office, with the names of the candidates as options. The poll shall expire in five days.
(g) 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.
(h) The candidate who received the majority of the votes after the election thread expires will be declared the new holder of the office for which he was a candidate.
(i) 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.
(j)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 or Resignations.

(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’s 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 and the court must initiate nominations for an election to fill the office.
(e) If an officer wishes to resign this officer will be asked to remain in the office until the end of the election to decide who will replace him. This overrules section 2(f). If the officer is unwilling to remain in office then paragraph 2(f) applies.
(f) Until another citizen is elected to fill the office in question, the same branch of government will choose a willing citizen to fill that office. The first person considered will be the citizen who disputed the office with the impeached person in the last election. The chosen citizen will have the word temporary as a prefix to the name of the office this citizen holds.
(g) If the term of an office filled by a temporary officer will end in less than two weeks the temporary officer will remain in the office until the end of the term. Otherwise a new election process for the office in question shall start and the temporary officer will remain in the office only until a new officer for the position is elected.

[miggio]

i agree that the ratification is required

[checkMate]

Do you want to go with my text or yours now

I think I cleaned up the stuff that I had been changing
as far as the appeals for denied cases.

But take a look at my list there and see. I'll go off and diff the two versions and see what falls out. Be back in 15 minutes or so if you want to work on it some more.

[miggio]

what i have is the most recent of all the conventions. i think i copied them all from your posts. except from the polling rules convention

we can put it to a poll if you want?

or we can keep comparing our 2 compilations, until we have the perfect copy.

bare in mind, my copy is just the most recent convention with fixed spelling and grammer.

[Frozzy]

Miggio's version has been topped. All proposed amendments should be posted with "AMENDEMENT:" before the title, and a yes/no/abstain poll as checkMate explained.

I trust Miggio will keep it updated.

[checkMate]

Well we may have some trouble with the current elections if we use Miggio's Article II because it has different ministers than I had expected.

[Locutus]

Frozzy (et al),
This is a Democracy Game, so before any set of rules is declared a Constitution, it must be approved by the people through a ratification poll, so topping miggio's proposal and declaring it official is premature.

The main difference between checkmate's proposal and miggio's seems to be the set of ministers. I think we need a seperate poll to see what set of ministers people prefer (and if there are other major differences that I overlooked, these may need to be polled seperately as well). After this poll is done (make the poll last 3 or 5 days), a ratification poll for the Constitution can be posted (which should last at least 5 days) and only after that can we start elections and the game itself.

[Frozzy]

Actually Locutus, the current CtP2 constituton (at time of writing) was vote to be used in game...

[Locutus]

If you want to regard that poll an offiicial ratification poll, you should immediately untop miggio's thread and post an exact copy of the CtP2DG Constitution with just the '2's removed. The topped proposal by miggio has some major changes compared to the CtP2DG Constitution (especially in the EB and BoR sections but in the others as well). These changes are without a doubt improvements, but the poll you refer to didn't mention anything about making improvements to the CtP2DG. So if you want to regard the poll final and official, declaring miggio's proposal official was actually unconstitutional (As is the poll itself, since an amendment poll (which it basically is) needs to last for 5 days while yours doesn't have an experiation date )

[checkMate]

Well I had suggested that we vote on one text in whole in the ammendment thread. If it is accepted then well, otherwise we come out to the constitutional convention again.