Constitution of the Republic of Stratham

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Constitution of the Republic of Stratham

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The Government of Stratham is divided into three branches: the Legislative (Parliament), the Executive (Cabinet), and the Judicial (Court). It's important to note that the Government and the Server Staff are completely different and both have different tasks and responsibilities.

Legislative Branch: The Parliament

Section 1 | Powers of Parliament


(I) The Legislative Branch is composed of the Parliament which all legislative power is
vested in.
(A) Parliament consists of 9 elected members referred to as Members of Parliament, commonly abbreviated MP.​
(B) Members of Parliament are elected to serve for 3 months. Members of Parliament are collectively tasked with representing the people's will​

(II) The Parliament;
(A) Is responsible for creating, amending, and removing laws as well as server rules that fall under the Government’s oversight,​
(B) Is responsible for confirming or denying Prime Ministerial nominations for Cabinet and Judicial Positions,​
(C) May amend the constitution through a Constitutional Amendment,​
(D) May create, amend and remove departments & their powers as well as the positions within them. This can only be done through a constitutional amendment,​
(E) May override an Executive Order, commonly abbreviated EO, made by the Prime Minister with a supermajority (2/3rds, rounded up) vote in favour of overriding,​
(F) May override a veto with a supermajority (2/3rds, rounded up) vote if the vetoed bill is a simple change (Simple change meaning anything that isn't a Constitutional Amendment),​
(G) May remove Ministers, Judges & The Speaker of Parliament via a vote of no confidence, which requires a supermajority (2/3rds, rounded up) to pass,​
(H) May remove the Prime Minister, Deputy Prime Minister & Members Of Parliament via a supermajority (3/4ths, rounded up) vote of no confidence,​
(I) May appropriate Government funds to be allocated for specific purposes which can be done through a bill,​
(J) May not give itself power over or take powers away from other branches of government,​
(K) May not override a Government Change Veto.​


Section 2 | Election and Replacement of Members of Parliament

(III) No one may serve as a sitting Member of Parliament unless they meet the following requirements:
(A) Having joined the server at least four weeks prior to the start of the election.
(B) At least twelve hours of playtime in the past 30 days.
(C) Participating on forums, or on Discord.

(IV) No person shall serve as a sitting Member of Parliament while also serving as a Minister, Mayor, Judge, Prime Minister, or Deputy Prime Minister. If an MP holds one of these offices, they must either vacate the office prior to being sworn in as an MP, or face removal from Parliament by the Department of State.
(IV) The election of Members of Parliament shall.
(A) Take place every three months beginning on the fourth day of the month and ending on the eighth day of the month.
(B) The period for declaring candidacy shall be held on the fourth and fifth days of the month and shall not exceed forty-eight (48) hours.
(C) The voting period shall be held on the sixth and seventh days of the month and shall not exceed forty-eight (48) hours.
(D) In the election, voters shall cast up to seven (7) votes and the nine (9) candidates with the most votes, at the end of voting, shall be elected to the Parliament of Stratham.​
(E) The election results must be announced by the end of the seventh and no later than the end of the eighth day of the month.
(1) If there is a tie between two or more candidates for the seventh seat, a second election will be held to determine which of the two or more candidates will be elected to the seventh seat.
(2) Elected Members of Parliament must be sworn in by the ninth of the month.

(V) In the event, a Member of Parliament resigns from Office or is removed, and the Parliamentary seat then becomes vacant, the following process is to be followed.
(A)The Speaker of Parliament will begin the process to fill the vacancy by posting a Member of Parliament expression of interest form in Government Announcements, which the general public may fill in to nominate themselves to fill the vacancy, Which the citizens of Stratham may use to nominate either themselves or another member of the server for the vacant seat. All persons may only nominate one person! Any additional nominations will be discarded. (I.E. if I nominated myself or someone else over two comments, or in the same comment, only 1 comment/vote would be counted. This would be the first vote/comment stated)
Announcements, which the general public may fill in to nominate themselves to fill the vacancy.
(B) After 24 hours have passed, the EoI thread shall be locked from further comments, and a poll shall be created. The poll will contain all members on the forum post that received 2 or more nominations from themselves or others.
(C) A nominee pool will then be created consisting of everyone that received at least 2 nominations in the expression of interest document.
(D) The poll will be opened to the public of Stratham for them to vote for their favored candidate. This poll will stay open for 24 hours.
(E) Either the SoP or the DSoP will announce the conclusion of the poll, and the new member of Parliament at the end of those 24 hours by using #gov-announcements
(1) Note that if the Parliament term is 21 days out from the next Parliament election, the seat does not have to be filled.​



Section 3 | Speaker of Parliament

(VI) The Speaker of the Parliament, commonly abbreviated as SoP, is the Chairperson of Parliament and is responsible for maintaining order in Parliament and for the facilitating of voting on bills, motions and Prime Ministerial nominations.

(VII) The Speaker of the Parliament;
(A) Is responsible for informing the Prime Minister of pending bills that have passed Parliament and require the Prime Minister's assent.​
(B) Is responsible for updating the Rules & Laws thread as well as the Constitution.​
(C) May issue infractions to Members of Parliament for failing to fulfil their constitutional obligations or for behaviour unbecoming of a Member of Parliament. After an MP has accrued 3 infractions, the VoNC process will automatically begin against the MP​
(VIII) If the Speakership becomes vacant, parliament will be obligated with electing a new Speaker of Parliament before continuing other Parliamentary tasks. The process for electing a new Speaker is overseen by the Department of State, and is as follows.
(A) The Department of State will begin the process by posting in in the #speaker-election channel stating that any Member wishing to put themselves or another Member of Parliament forward for Speaker of Parliament may do so by nominating themselves or another member: “I hereby nominate [Candidates Name] for Speaker of Parliament.”​
(B) The nomination period will last for 24 hours, or until all Members of Parliament have acknowledged the Speaker election post, after which the candidates will be voted on by Parliament.​
(C) The candidate with the most support from Parliament will be elected as the new Speaker of Parliament.​
(IX) The Speaker of Parliament can be removed via a vote of no confidence that receives the support of a supermajority of Parliament.
(A) In the event that the Speaker of Parliament resigns or is removed through a Vote of No Confidence, they will be removed from Speaker of Parliament but retain their position as a member of Parliament. Furthermore, the Deputy Speaker shall be removed from their respective position following the Speakers VoNC.​
(X) The Speaker of Parliament may appoint an MP as the Deputy Speaker of Parliament. The Deputy Speaker of Parliament serves at the pleasure of the Speaker, meaning they can be appointed and dismissed at the Speaker's discretion. The Speaker may assign the Deputy Speaker powers and responsibilities that the Speaker holds at their discretion.

Section 4 | Process of Legislature

(XI) Only Members of Parliament (MPs) can officially propose a bill to the Parliament.

(XII) Every MP has the right to take a suggestion from citizens and other government officials and make it into a bill.

(XIII) To introduce a bill to the Parliament, MPs need to go on the Parliament board and compose a new thread. The “Bill: Draft” prefix needs to be applied and the name of the thread needs to fit the idea. This format needs to be copied, pasted and filled in:

[Title of Bill]

A
Bill
To


[Purpose of Bill]

The Parliament of Stratham enacts:

Section 1. Short Title

(1) This Act is the [Title of Bill].

Section 2. Commencement

(1) Provision(s) [Section Number(s)] shall come into effect [number of days, upon passage, etc]

(2) [More sections can be added with commencement like before.]

Section 3. Reasoning

(1) Reasons for the bill

Section 4. [Title of Section 4]

(1) This is a subsection. [Main provisions of the section]

(a) This is a sub-sub section [Used to clarify or elaborate on subsections]

Section 5. [Title of Section 5]

More sections can be added like before.


Authored by [Name] on behalf of [the Government, Party Name, themselves].

(XIV) The process of a bill becoming an Act of Parliament is as follows.
(A) Bills will be proposed on Discord in the #bill-creation channel and in the Parliament subforum.
(B) The bill will be voted on by the Members of Parliament 24 hours after the proposal, or at the Speaker of Parliament’s discretion.
(C) Voting will close after 24 hours have passed, or at the Speaker of Parliament’s discretion. In order for a bill to pass, the majority support of sitting Members of Parliament is required. If the bill fails to achieve this majority, it will be rejected.
(D) Once passed, the bill will be put to Prime Ministerial assent or veto. If given assent, the bill becomes an Act of Parliament.
(E) The process of Constitutional Amendments will follow a similar process as follows:
(A) Proposals for amendments will be made on Discord under # bill-creation and in the Parliament subforum.
(B) 24 hours after the proposal, or at the Speaker of Parliament’s discretion, the amendment will be voted on by the Members of Parliament.
(C) Voting will close after 24 hours have passed, or at the Speaker of Parliament’s discretion.
(D) In order for an amendment to pass, it must have the majority support of sitting Members of Parliament and consist of at least one section titled with the amended section and/or article of the Constitution. If the amendment fails to achieve either of these requirements, it will be rejected.
(D) Once passed, the amendment will be put to Prime Ministerial assent or veto. If given assent, the amendment shall be amended on the Constitution forum page by the Speaker of Parliament, or their office.
» List of Members of Parliament can be found here.

Executive Branch: The Cabinet

The Cabinet consists of all Ministers who collectively enforce all laws and run all government departments and thus the server.

Section 1 | The Prime Minister & The Deputy Prime Minister

(I) Executive Power is vested in the Prime Minister & Cabinet through the constitution.

(II) The Prime Minister, commonly abbreviated as PM, is The Head of Government and
The Chair of The Cabinet.

(III) Members of the executive branch serve at the Prime Minister's pleasure and can be
appointed & dismissed by the Prime Minister at their discretion.

(IV) The Prime Minister;
(A) is the Chairperson of the Cabinet and can call for and adjourn cabinet​
meetings.​
(B) has the final say on all executive matters and decisions.​
(C) can Issue Executive Orders.​
(D) can Propose Legislation.​
(E) can Veto legislation passed by Parliament.​
(F) can Issue Pardons to individuals for crimes committed, except in cases of impeachment, election fraud or corruption.​
(G) cannot vote on legislation.​


(V) The requirements for serving as Prime Minister are as follows:
(A) Having at least 3 days of playtime in the 30 days preceding the start of the election cycle and a total of more than 15 days of playtime.
(B) Maintaining at least two days of /bcseen playtime within the past 30 days during their tenure as Prime Minister.
(C) With four months having passed between their start date and their official appointment,
(D) have served in any senior government position in the previous 90 days (e.g., MP, Minister, Judge) prior to becoming PM.
(F) cannot be Prime Minister while also serving as a Member of Parliament, Mayor, or Judge. If the PM holds one of these offices, they must vacate the office prior to being sworn in or face removal from PM by the Department of State.
(VI) The requirements for the Deputy Prime Minister are as follows:
(A) Having at least one day of playtime in the 30 days preceding the start of the election cycle.
(B) Maintaining at least one day of /bcseen playtime within the past 30 days during their tenure as Prime Minister.
(B) With four months having passed between their start date and their official appointment,
(C) have served in any of the senior government positions (e.g., MP, Minister, Judge) before becoming DPM.
(D) may not hold the positions of Member of Parliament, Mayor, or Judge while serving as Deputy Prime Minister. If the DPM holds one of these offices, they must vacate the office prior to being sworn in as DPM or face removal from DPM by the Department of State.


(VII) The DPM may assist the PM with their duties but may not override a Minister’s
decision without the PM’s approval.

(VIII) The Prime Minister may delegate PM powers to the DPM at their discretion in order
for the DPM to assist the PM with their duties and responsibilities.

(IX) If the position of Deputy Prime Minister is vacant, the Prime Minister may choose to
nominate a DPM. This nominee must be confirmed by Parliament through a simple
majority vote in favour.

  1. Koalition (July 14th, 2016 - February 20th, 2020)
  2. DrThunder7 (February 20th, 2020 - April 1st, 2020)
    Koalition [Acting] (April 1st, 2020 - June 20th, 2020)
  3. Luxaholic (June 20th, 2020 - December 20th, 2020)
  4. _Info_ (December 20th, 2020 - September 20th, 2021)
  5. SlimeEmperor (September 20th, 2021 - November 23rd, 2021)
  6. stinkycow (November 23rd, 2021 - December 20th, 2021)
  7. Krix (December 20th, 2021 - March 13th, 2022)
  8. Cherub54321 (March 13th, 2022 - May 13th, 2022)
  9. Mickichu (May 13th, 2022 - )

Section 2 | The Elections

(X) The election of the Prime Minister and Deputy Prime Minister shall;
(A) takes place every three months, beginning on the first day of the month and ending on the fourth day of the month.
(B) The period for declaring candidacy shall be held on the first and second days of each month and shall not exceed forty-eight (48) hours.
(C) The voting period shall be held on the third and fourth days of the month and shall not exceed forty-eight (48) hours.
(D) The Prime Minister and Deputy Prime Minister shall be elected on a joint ticket.
(E) In the election, voters shall cast one vote for their preferred ticket and the ticket with the greatest votes, at the conclusion of voting, shall be elected Prime Minister and Deputy Prime Minister.
(F) The results of the election shall be announced at the end of the fourth day of the month and no later than the end of the fifth day of the month.
(1) If the event should arise in which no candidate achieves a majority vote share (50%+1), a second election shall be held on the fourth and fifth days of the month between the two candidates with the largest vote share to determine which shall be elected.
(2) The Prime Minister and Deputy Prime Minister shall be sworn in no later than the ninth day of the month.


Section 3 | The Cabinet & Ministers

(XI) Ministers make up the Cabinet and are the heads of their respective departments.

(XII) The role of the Cabinet is to collectively advise and assist the Prime Minister in the
successful governing of the nation, which the Cabinet accomplishes through The
Ministers ensuring their respective departments are running efficiently.

(XIII) Ministers are nominated by the Prime Minister, from whom they derive their power.

(XIV) Ministers serve at the pleasure of the Prime Minister and can be removed from office
by the Prime Minister.

(XV) The Ministers;
(A) are responsible for creating, removing and amending their department​
policies,​
(B) can appoint and dismiss members of their respective departments at their​
discretion,​
(1) Players that serve in Government Departments are a part of the​
executive branch of Government, however, if they are not members of​
the Cabinet they are exempt from the cabinet limitations.​

(C) can create, remove and amend jobs with respect to their department powers.​

(XVI) The Government departments which the Ministers are in charge of are;
(A) Department of Agriculture, commonly abbreviated DoA, is responsible for​
maintaining the cleanliness of the wilderness, in addition to managing the dog​
shelter and grocery store, as well as animal cruelty reports. Environment​
Managers and Rangers work in the department.​
(B) Department of Construction, commonly abbreviated DoC, is responsible for​
the construction of government-approved buildings and the highway. The​
Department also finds locations for new cities and towns. All Constructors​
and Property Inspectors are a part of this department,​
(C) Department of Economy, commonly abbreviated DoE, is responsible for the​
overall performance of the economy, including government shops, business​
grants, jobs, exams, guides, as well as the fiscal and monetary policies of the​
government. The department consists of Economy Secretaries,​
(D) Department of Health, commonly abbreviated DoH, is responsible for helping​
players with diseases and making sure the hospital is functional and stocked.​
The department also makes sure all other cities have functioning hospitals​
with working pharmacies. In order to meet its constitutional obligations.​
(E) Department of Justice, commonly abbreviated DoJ, is responsible for maintaining peace and order of the server by enforcing laws. The Department of Justice also offers a security detail to senior government officials, such as the Prime Minister. Police Officers are a part of this department.​
(F) Department of Public Affairs, commonly abbreviated DoPA, is responsible for​
hosting server events, community feedback (polls, surveys), election debates,​
social media, transparency publications, and city relations. The department​
consists of Event Planners, Social Advisors and Tour Guides.​
(G) Department of State, commonly abbreviated DoS, is responsible for managing​
foreign affairs, the election process and city relations. In order to meet its​
constitutional obligations, the Department will employ State Secretaries and​
City Advisors.​

» List of Members of Cabinet can be found here.

Judicial Branch: The Court

(I) The Judicial Branch is composed of Judges which all Judicial power is vested in. The courts consist of 3 appointed members. Judges are nominated by the Prime Minister and approved by the Parliament with a 50% rounded up majority vote.

(II) The Judicial Branch is responsible for presiding over court cases which include;
(A) Civil cases (a dispute between two private parties)​
(B) Criminal cases (state prosecution against an individual's violation of a criminal law)​
(C) Constitutional cases (where a Government's decision is disputed)​
(D) Appeal cases (where a Judges decision is disputed)​
(III) The Judicial Branch interprets laws passed by Parliament, and may determine the meaning of laws through case verdicts. Those verdicts are then followed as precedent in future cases, and can be codified into law by Parliament. This is known as common law.
(A) Parliament may choose to abrogate common law set by judges through the passage of an Act of Parliament.​
(B) The Judicial Branch may indicate in case verdicts that they think a law should be changed by Parliament. This can be preferable to establishing common law as Parliament could be in a better position to make the change. Parliament chooses whether or not to change the law.​
(C)If the Judicial Branch deems a case to be frivolous, the lawyer who created the case will be punished according to those set out in the Rules and Laws page.​

(IV) During a case, either the plaintiff or the defendant can choose to file a motion to recuse the presiding Judge. The motion requires evidence that the Judge has a conflict of interest or cannot provide a fair trial. Following the motion, the Judge can choose whether or not to recuse themself, or a majority (50%, rounded up) support from all Judges would forcibly recuse a presiding Judge.

(V) In the event a Judge is recused from a case, that Judge will be replaced by another judge. In the event none of the appointed judges can preside over a case, the case will be presided over by a Magistrate in Tempore. A Magistrate in Tempore is nominated by the Prime Minister with the majority approval of Parliament (50%, rounded up), and a majority approval from the Judges (50%, rounded up).
(A) This position, once confirmed, will have all discretionary powers of a member of the Judiciary but may only preside over the case they were appointed for.​
(B) Once the Case has come to a close, the Magistrate in Tempore will automatically resign their position.​

(VI) When presiding over a case, the Judicial Branch has the power of Judicial Review. Any citizen can choose to sue the Government for a Government decision that conflicts with the constitution. Judicial Review allows the Judicial Branch to determine whether or not the Government has indeed violated the constitution. If a decision was deemed a violation of the constitution, the decision is to be reversed and invalidated. If the decision was in effect before the Judicial Review any affected parties are entitled to compensation.
(A) The use of Judicial Review requires a majority (50%, rounded up) support from the presiding judges.​
(B) Judicial Review can only be used when delivering a verdict on the Court Case.​
(VII) Following a verdict, either the plaintiff or defendant may choose to file an appeal. An appeal is where either the plaintiff or defendant challenge the court's verdict, and it is not a retrial. In an appeal case, the original cases’ Judge cannot preside over the appeal case nor have a say in the proceedings of the case. Arguments on the appeal will be submitted by the appellant, and the appellee can choose to argue against the appeal. Once the appeals case is heard, the presiding judge can deliver a verdict. Either party can proceed to challenge the appealed decision, which would follow the process as above, however the key difference is that the courts can choose to not hear the appeal of an appeal verdict through an absolute vote (100%).
(A) Appellant is the party that filed an appeal, and the appellee is the opposite party in the original case.​
(B) In the event there is an appeal, and all appointed Judges have heard the original case, the Magistrate in Tempore would preside.​

» List of Judges can be found here.

Server Administration: The Owner

The Owner of BusinessCraft serves as a bridge between the Administrative and Government affairs and organizes methods and channels of communication for special requests of government officials which include, but are not limited to, installation and modification of plugins, changes to server settings, and other such affairs deemed necessary for executing governmental plans and proposals.

The Owner shall not get involved with the day-to-day operations and functioning of the government unless he’s in the relevant government position to do so.

The Owner is vested with emergency powers and has the ability to veto any decision by any given government branch with a necessary elaboration.



Bill of Rights


Property Rights
Players will have the right to be notified at least 3 days in advance of eviction from a property they own or rent.

Players will have the right to defend their property up to and including lethal force, after warning the other players that they are trespassing.

Players who are leaving the server (not due to a ban) will have the right to distribute their property how they see fit in a will.

Players who are inactive will lose their rights to purchased properties and regions. Wild regions can be removed after a player does not log in for a minimum of 60 days. City properties may be evicted according to the city’s laws.


Legal Rights
Players will have the right to a fair trial. If the judge presiding over the case has a conflict of interest, the player may request a new judge. If a player feels like a case was heard unfairly, they have the right to file for an appeal.

Players will also have protection from double jeopardy, meaning they may only be tried for a specific instance of a crime or action once.

Players will have the right to appeal for their criminal records to be cleared if a minimum of 3 months has passed since their last offense.


Economic Rights

Players will have the right to 1 exam job and unlimited qualifications.

Players who are employed have the right to fair pay and will receive a minimum wage of at least 10 krunas per 15 minutes or through commission-based pay.


Voting Rights

(1) In order to be eligible to vote in a parliament or prime minister election, you must meet the following requirements;
(a) Have a join date of longer than 14 days ago.
(b) Have 6 hours of playtime in the past 30 days.
(c) Have their Minecraft account linked to the BC forums.


Public Referendum Rights

(1) A Public Referendum against a Government Official shall be enacted at any time by at least 5 Stratham Citizens who meets the Voter Eligibility Requirements.
(A)A Government Official includes the following: Ministers, Judges, Members of Parliament, The Prime Minister, and the Deputy Prime Minister.
(B)Public Referendums can be created In the political Discussions forums page found here: https://mcbusinesscraft.com/forum/threads/petitions-referendums-information.3541/

(i)The format for a Public Referendum VoNC is

Topic title: Removal of <Officials's name> from <Position>
Format:

Username:
Official to be removed:
Officials Position:
Reasoning:
Additional Information:

(2)For Public Referendums against The Prime Minister, Deputy Prime Minister, and Members of Parliament to pass, The following criteria must be met for Removal from Office:
(A)(The amount of votes the Official received in the Election in which they were elected for that position)+1Vote
(i)75% of these votes must be in favor of their removal
(ii)The voting Period is 3 Days
(iii)The Deputy Prime Minister will use the same vote count as the Prime Minister
(iv)Members of Parliament who were put in as a replacement will have their vote count matched with that of the lowest Member of Parliament Elected into office at the beginning of that term.

(3)For Public Referendums against Ministers and Judges, The following criteria must be met for Removal from Office:
(A)30 Total votes
(i)75% of these votes must be in favor of their removal
(ii)The voting period is 3 Days

(4)Once a Member of Government is voted out of office via Public Referendum, the Branch which the Official was previously in will carry out standard replacement procedures to fill the position.


 
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