Second Constitution of Olmeria: Difference between revisions
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The authors of the constitution began by evaluating agreements made over the three Kristnes Conferences and organising them into groups (loosely relating to the articles of the final documents). These agreements were drafted into legislation, with gaps filled and protocols outlined in subsequent sections and clauses. These were then broadly organised into chapters 1, 2 and 3 for rights, governance, and amendment procedure respectively | The authors of the constitution began by evaluating agreements made over the three Kristnes Conferences and organising them into groups (loosely relating to the articles of the final documents). These agreements were drafted into legislation, with gaps filled and protocols outlined in subsequent sections and clauses. These were then broadly organised into chapters 1, 2 and 3 for rights, governance, and amendment procedure respectively | ||
== Document == | == Document and Structure == | ||
== Provisions == | |||
=== Preamble === | === Preamble === | ||
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=== '''Chapter 1: Rights and Principles''' === | === '''Chapter 1: Rights and Principles''' === | ||
Chapter 1 of the constitution was designed to set the broad principles of the constitution and outline and enshrine the rights of Olmerian citizens into a higher law. The [[Supreme Court of Olmeria]] and lower courts regularly reference part A in rulings regarding cases on human or citizens rights. The chapter's introduction reads:<blockquote>" | Chapter 1 of the constitution was designed to set the broad principles of the constitution and outline and enshrine the rights of Olmerian citizens into a higher law. The [[Supreme Court of Olmeria]] and lower courts regularly reference part A in rulings regarding cases on human or citizens rights. The chapter's introduction reads:<blockquote>"Protecting the rights of the Olmerian people, and all people who set foot on the isle of Tarsa, must be the states first and foremost priority. The chapter here inscribed entrenches those absolute rights, essential in any free nation, in a higher law, such that no government may infringe on them, and they may be upheld most strongly by the courts of law."</blockquote>The reference to "all people" who enter Olmeria has been interpreted in widely varied ways since the constitutions ratification. Some believe the phrase extended a common courtesy to guests, but was not intended to grant all visitors the same level of constitutional protection as tourists or non citizen residents. Others argue the entire point of the chapter is to defend rights in the nation of Olmeria for the sake of respect and integrity, regardless of the citizenship of the individual in question. | ||
In [[Bettencourt vs Hjortsberg]] (1974), the Supreme Court verdict decreed that 'In accordance with the introduction to the rights and principles of the Olmerian nation, laid out at the start of Chapter 1 of the 2nd Constitution of Olmeria, those rights which are deemed constitutional apply in equal part to the "Olmerian people" and to "all people who set foot on the isle of Tarsa"... It is clear to us therefore that Mr Bettencourt is entitled to the same right to "privacy from corporate entities" ... as all who are classed as citizens of Olmeria.' The case was a landmark moment in interpretation of the introduction, ruling in favour of tourist Pascal Bettencourt, who had sued financial company Hjortsberg Transactions over data breaches, arguing they had failed to secure his data properly because he was a foreign citizen. | |||
==== '''Article I - Fundamental Principles''' ==== | ==== '''Article I - Fundamental Principles''' ==== | ||
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=== '''Chapter 2: Governance and Legislation''' === | === '''Chapter 2: Governance and Legislation''' === | ||
Chapter 2 of the constitution outlines the structure of state government and the processes within it for selecting government, the president and representatives. It also outlines the method of passing legislation through each stage of senate scrutiny, and the regulations regarding the operation of the senate. Most significantly, the chapter contains three vesting clauses granting separate powers to each of the three branches of government, and clarifying the division of these powers between state bodies. The introduction reads:<blockquote>"In the name of stable and secure democratic government, this chapter henceforth inscribes the due process and conventions of Olmerian governance, to ensure completely the independence of those bodies and their effectiveness in carrying out their functions. These processes must not be ignored by government, that they may not seek to subvert the democratic foundations of this nation."</blockquote> | |||
==== '''Article IV - Executive''' ==== | ==== '''Article IV - Executive''' ==== | ||
Article IV details the functions and protocols of the executive body of Olmerian government, including the ruling President and cabinet style Council of Chiefs. Section 1 reads:<blockquote>“All executive powers over decisions and | Article IV details the functions and protocols of the executive body of Olmerian government, including the ruling President and cabinet style Council of Chiefs. Section 1, the vesting clause, reads:<blockquote>“All executive powers over national decisions and agenda shall hereby be granted to a Council of Chiefs, chaired by the President of Olmeria.” </blockquote> | ||
==== '''Article V - Legislature''' ==== | ==== '''Article V - Legislature''' ==== | ||
Article V outlines the function and structure of the legislative body of Olmerian government, placing legislative power in a single, unicameral, "People's Senate". Section 1, the vesting clause, reads:<blockquote>"All legislative powers over proposal, drafting, and ratification of new legislation shall hereby by granted to a People's Senate"</blockquote> | |||
==== '''Article VI - Judiciary''' ==== | ==== '''Article VI - Judiciary''' ==== | ||
Article VI outlines the function and structure of the nations Judiciary, in particular the Supreme Court. Section 1, the vesting clause, reads:<blockquote>"All legal powers, to read, interpret, and apply law shall hereby by granted to an independent Judiciary of Olmeria, topped by the Supreme Court of Olmeria!</blockquote> | |||
=== '''Chapter 3: Amendment and Ratification''' === | === '''Chapter 3: Amendment and Ratification''' === | ||
==== Article VII - Amendment ==== | |||
Article VII outlines the process for amendment of the constitution. It's primary clause states:<blockquote></blockquote> | |||
==== Article VIII - Ratification ==== | |||
== Interpretations == | == Interpretations == | ||