Assembly Act
ASSEMBLY ACT An act to regulate the composition and procedures of the Assembly.1. General Provisions
(1) This law considers the following terms:
- Dean of the Assembly - the longest continuously serving legislator who is also eligible and willing to perform the functions assigned to them by this law.
- Approval Vote - a system where legislators may list all the candidates whom they approve in no particular order of preference, or alternatively cast a vote in abstention, and the winner is the candidate who receives the highest number of approvals.
- Minister - the minister appointed by the Prime Minister to oversee the portfolio related to foreign policy.
2. Legislator Registration
(1) Voters who wish to join the Assembly must petition the Chair for admission where they show that they are a registered voter and have no bad faith or ill intent toward the Assembly, provided that repeated removals due to inactivity may be held as evidence of bad faith.
(2) Legislators retain their status until resignation or removal by the Chair, the latter upon the determination that the legislator:
- Failed to cast a vote in at least half the votes that were held in the preceding session, or who did not vote at all if less than three votes were held in the preceding session.
- Breached decorum or through their behaviour impeded the orderly conduction of legislative proceedings.
- Has been removed from the rolls of voters pursuant to Article 2, Section 2 of the Voting Act.
(3) Voters may not appeal to the High Court a declined petition, but they may apply again if their circumstances have changed. Legislators may appeal to the High Court a removal on the grounds that proper procedure was not followed or that there was no rational basis for the removal.
3. The Chair of the Assembly
(1) The Chair is elected by the Assembly and holds their office until the election of a successor, loss of legislator status, or otherwise pursuant to Article 9 of the Charter.
(2) Elections for the Chair begin on the first of every February and August, or no later than seven days after a vacancy, and consist of a period of three days reserved for declarations of candidacy and a period of three days reserved for voting conducted under approval vote. In the event of a vacancy where less than one month remains in the term, the election held replaces the next regular election.
(3) The Dean of the Assembly opens the vote for the election of the Chair, listing all legislators who declared their candidacy within the allotted time, and proclaims the result of the vote, but the function of the Dean is ceremonial in nature and any matters of judgement must be referred to the consideration of the Assembly.
(4) The Chair is responsible for all matters related to the administration of the Assembly, including but not limited to the following:
- Process legislator registrations and remove legislators who resign or no longer meet the requisite qualifications.
- Maintain decorum and civility among legislators and sanction those who breach decorum.
- Conduct votes, certify their results, and record their legislative history.
- Maintain the archive of laws.
- Correct errors in orthography, grammar, and lack of uniform formatting without changing the meaning or intent of laws, and providing three days notice of any such corrections.
(5) The Chair may appoint officials to act in their name for all purposes of this law, but the Chair retains final authority on all decisions.
(6) The Chair may establish committees for express purposes, composed of no less than two legislators, and such committees should periodically report their work to the Assembly.
(7) In the event that the Chair and their appointed officials are unable or unwilling to perform their duties related to the administration of votes, the Dean of the Assembly or any willing legislator may perform those duties.
5. Legislative Procedure
(1) Legislators meet in two ceremonial sessions during the regular term of a Chair, each lasting three months, and at the start of each session the Chair addresses the Assembly on matters of institutional importance.
(2) Legislators may submit proposals to:
- Amend the Charter.
- Create, amend, or repeal laws or resolutions.
- Recall officials.
- Adopt any other measure related to matters of regional interest.
(2) The Prime Minister or the Minister have the sole right to submit proposals to adopt, amend, or repeal treaties and declarations of war with foreign regions and organisations.
(3) Proposals must, before they are brought to a vote, be debated for no less than three days, provided that the Chair may waive this requirement in cases urgency is required, and receive a motion and a second from separate legislators.
(4) Proposals that address the same matter, as determined by the Chair, that have both received a motion and a second, should be brought to a vote at the same time and the one with a higher percentage of affirmative votes, which also meets the threshold for passage, will be enacted.
(5) Proposals brought to a vote remain so for three days and are open only to legislators, subject to the provisions of Article 3, Section 2 of the Charter.
Judicial Act
JUDICIAL ACT An act to regulate the composition and procedures of the High Court.1. General Provisions
(1) This law considers the following terms:
- Legal Question - a question on the meaning of a law or the applicability of a law to a concrete or hypothetical situation, or the conformity of a decision by a government official with regional law.
- Criminal Complaint - a request that a member of the South Pacific be indicted of committing one or several of the crimes codified in the Criminal Code.
2. Judicial Appointments and Conduct
(1) The High Court consists of no less than three Associate Justices appointed by the Prime Minister in consultation with the Court and with the approval of the Assembly, who hold their office pursuant to Article 9 of the Charter.
(2) Justices must take an oath of confidentiality and impartiality upon their confirmation by the Assembly and before they may assume their office.
(3) Justices must conform in all matters to the following standards of conduct:
- Rule upon what is written in law and what can be reasonably interpreted from the surrounding context without being influenced by prejudice, personal bias, undue influence, corruption, or other matters unbecoming of a judge.
- Consider the impact of rulings so that, when possible, no individual is empowered to exploit said rulings and no ruling is unreasonably absurd to the expense of more logical or less disruptive outcomes.
- Refrain from opinion within rulings on the wisdom or desirability of political matters or making comments that could be reasonably read to constitute an intrusion of the Court on political affairs.
- Maintain cordial relations with their fellow Justices and with the broader regional community.
- Be reasonably inquisitorial and exercise professional scepticism.
3. The Chief Justice
(1) The Chief Justice is elected by the Court from among their own and holds their office at the pleasure of the Court or otherwise pursuant to Article 9 of the Charter.
(2) The Chief Justice is responsible for all matters related to the administration of the Court, including but not limited to the following:
- Process case submissions and lead the discussion on their admissibility.
- Maintain decorum in civility in all venues where the Court conducts its business.
- Maintain the archive of cases.
- Manage the rotation of case assignments to Justices.
- Order the recusal of Justices where their impartiality might be impacted.
- Represent the institutional interests of the Court.
(3) The Chief Justice holds seniority over their fellow Justices but may not exercise any authority beyond that which is granted by this law without the consent of the majority of the Court.
(4) In the event that the Chief Justice is unable or unwilling to perform their duties, the next available Associate Justice in descending order of confirmation may perform those duties.
4. Judicial Procedure
(1) The Court may consider legal questions and criminal complaints submitted by any member of the South Pacific, provided that such cases refer to a matter of law rather than a matter of political determination, and that they are not frivolous in nature.
(2) The Chief Justice assigns a Justice to preside over a case that has been admitted, and they will thereafter be responsible for all matters related to the management of the case including, but not limited to the following:
- Request information that they deem relevant to the case, provided that upon the concurrence of a second Justice such requests may be issued under penalty of contempt.
- Consider all the information that is available or that has been obtained over the course of the case and that may be relevant to it.
- Issue, with the concurrence of a second Justice, a decision, verdict, or sentence that adequately answers the question that was made to the Court.
(3) The Presiding Justice may issue, with the concurrence of a second Justice, an injunction to compel an individual or institution to do or refrain from doing something, when necessary for the orderly progression of a case or the maintenance of public order. An injunction may not involve any of the following:
- Have a duration longer than four weeks, unless extended subject to the same limitation.
- Unreasonably restrict the right guaranteed to members under Article 3 of the Charter or deprive individuals from the right to judicial recourse.
- Order an act that is not reversible.
(4) The Presiding Justice must promptly notify a party against whom a criminal complaint has been admitted and afford them no less than seven days to present a reasonable defence, but failure to provide a defence within the allotted time may not be used as grounds for appeal.
(5) The Presiding Justice issues a verdict of guilty only upon finding it substantially more likely than not that the indicted party committed the relevant crime, and thereafter issue a sentence proportional to the crime and the circumstances under which it was committed, if no appeal is pending, but interested parties must be given a reasonable time to communicate any mitigating or aggravating factors that may be relevant to the determination of the sentence.
(6) Members of the South Pacific may appeal decisions on legal questions and sentences wherein they are the convicted party, only on grounds of failure to follow proper procedure, contradictions of law, judicial misconduct, or the emergence of relevant new information, provided that the Presiding Justice may not participate in any such appeal.
Criminal Code
CRIMINAL CODE An act to define the acts that constitute crimes within the Coalition and determine the adequate penalties for their commission.1. Crimes
(1) The following constitute crimes when committed by a member of the South Pacific in any venue within or without the jurisdiction of the Coalition, when committed to its detriment or that of fellow members of the South Pacific:
- Treason - plotting against the Coalition, aiding any foreign region or organisation against which a state of war exists, or any individual or entity that has been declared persona non grata.
- Threatening Regional Security - attempting through plotting, actions or rhetoric to lower the endorsement count of the Delegate without the consent of the Security Council, or repeatedly and defiantly breaking the endorsement cap after receiving official warnings.
- Espionage - attempting to unlawfully obtain, or unlawfully distributing, information in violation of the Accountability Act.
- Organised Crime - committing a crime in association with others, or being involved in a group or association whose purpose, whether sole or incidental, is the commission of a crime.
- Voting Fraud - recruiting knowing or unknowing voters or legislators with the goal of manipulating the outcome of a vote for corrupt purposes, or participating in a group or association with the goal, whether sole or incidental, or manipulating the outcome of a vote with corrupt purposes.
- Corruption - misusing public office for private or personal advantage, or prompting public officials to misuse their office in return for providing undue support or for not revealing compromising, injurious, or defamatory information.
- Contempt of Government - obstructing the work of the Assembly or the High Court by preventing the orderly conduction of their proceedings, defying their lawful orders, submitting vexatious proposals or cases despite being warned, or otherwise preventing either institution from properly discharging their functions.
- Defamation - distributing false or grossly misleading information about an individual to one or several recipients, for the purpose of damaging the standing of that individual, with reckless disregard for its factual accuracy.
2. Sentences
(1) The sentence for treason is an immediate and permanent ban from all venues under the jurisdiction of the Coalition, except as necessary to engage with the High Court.
(2) The sentence for all other crimes is determined by the High Court, provided that the sentence must be proportional to the crime and consider any aggravating or mitigating circumstances that may be relevant.
Sunshine Act
SUNSHINE ACT An act to provide for transparency and accountability in government.1. General Provisions
(1) This law considers the following terms:
- Substantive Content - content created by a government institution or official that leads to a decision or substantive action or inaction by that institution or official beyond that has an effect beyond their inner working areas.
- Controlling Authority - the only official or institution who may authorise the disclosure of substantive content.
2. Controlling Authority
(1) The controlling authorities of substantive content originating in their corresponding institutions are as follows:
- The Chair of the Assembly.
- The High Court.
- The Security Council.
- The Prime Minister, for all substantive content that does not correspond to any of the above.
3. Disclosure of Substantive Content
(1) Substantive content must be generated on the offsite forum or, when it originates elsewhere, the controlling authority must ensure that it is quoted verbatim or reasonably summarised on the offsite forum.
(2) The controlling authority must take reasonable steps to ensure that only appropriate individuals, per their own estimation, have access to substantive content.
(3) The controlling authority must release for public archival substantive content no later than six months after its last active date, provided that deliberately keeping substantive content active to delay its release date may be contempt of government.
(4) The controlling authority may redact information or, only when strictly necessary, withhold its release, under the following circumstances:
- It refers to an ongoing matter or its disclosure may otherwise impact the discussion of an ongoing matter.
- Its disclosure may threaten the security of the Coalition or its allies.
- It contains diplomatic communications with foreign regions and organisations.
- It contains personally identifiable information.
(5) The controlling authority, when redacting information for public archival, must keep in its original location a copy of the unredacted substantive content.
(6) The provisions of this law notwithstanding, substantive content must be disclosed to the High Court if ordered pursuant to Article 4, Section 2A of the Judicial Act, but said substantive content may not be disclosed thereafter to third parties.