Constitution of the Chiefdom of Osolia

Constitution of the Chiefdom of Osolia

Melonian Transitional Legislature
Introduced by	Speaker tz_scion
Dates
Presented to the Assembly	16 December 2023
Commencement	21 December 2023
Other legislation
Repeals/revokes	Melonian Transitional State
Amended by	Invitation Act Legal Reform Amendment Council Reform Amendment
Status: Amended
Text of statute as originally enacted
Revised text of statute as amended

The Constitution of the Chiefdom of Osolia is the supreme law of the Chiefdom of Osolia. It was established on December 21st, 2023, officially establishing the Chiefdom and replacing the Melonian Transitional State.

The Constitution establishes the Chiefdom as a democratic state, with a directly elected executive leader, the Chief, a legislature composed of all electors, and a leader of the legislature, the Speaker, who is similarly directly elected alongside the Chief in regular general elections.

The Constitution is divided into 6 articles, outlining the crucial functions, duties, and procedures of the Osolian state and the rights of all Osolians.

The Constitution has been amended 3 times.

Provisions

Preamble

We, the people of Osolia, hereby declare the creation of the Chiefdom of Osolia. This government shall fairly and inclusively serve all players on the Osolian Minecraft server. As such, all players shall have a voice in Osolian matters. To achieve these goals, our system of governance shall be highly democratic, with a mixture of representative democracy and direct democracy. Recognizing the diverse and dynamic nature of our community, we shall commit to fostering an environment that encourages collaboration, creativity, and mutual respect among all players. The principles of equality, fairness, and transparency shall guide our actions as we work to enhance the gameplay experience for every Osolian citizen. May the Chiefdom of Osolia stand as a testament to the strength that arises from cooperation and consideration.

The preamble establishes the principles of Osolia, namely democracy, fair representation and equalness, transparency, and the mixture of representative and direct democracy. The preamble calls for cooperation and consideration.

Article 1 — System of Governance

The first article of the Constitution establishes the composition of the Osolian government and the roles of the branches of governmnet—the executive, the legislature, and the judiciary.

Section 1: The Chief and the Chief's Council

Section 1 establishes the position of Chief and the Chief's cabinet (named the Chief's Council). The Chief is a directly elected head of state who is responsible for representing the nation, matters of law enforcement, national security, and the general running of the nation.

The Chief is given the opportunity to nominate players to the Chief's Council, who are, by convention, given the titles Director of X and are named the leaders of the corresponding Department of X. Directors are subject to an Assembly vote to be appointed, but can be fired at will by the Chief. The Chief serves as the Director of any vacant departments.

The Chief has the authority to issue executive orders during emergencies, which are required to comply with the Constitution.

The Chief is given the ability to pardon convicted individuals, which entirely removes the relevant crimes from the individuals' criminal records.

All members of the Chief's Council, including the Chief, arerequired to ensure the smooth transfer of power, including providing information and support to any incoming government.

The Chief may choose to temporarily name another player as the Acting Chief in cases where the Chief expects they will be "unavailable for a prolonged period of time". The Acting Chief is replaced by the Chief immediately once the Chief is available again.

The Chief is not term-limited.

Section 2: The Assembly and its Speaker

Section 2 establishes the Assembly as the legislative body of the Chiefdom, "consisting of all Osolian citizens".

The Section establishes two types of votes that may be held by the Assembly; bills, which are legislation that have not yet received a vote; measures, which are actions that will be carried out by the Chief's Council. Both may be proposed by any member of the Assembly.

The Speaker is established as an elected position who "serves as the head of legislation in the Chiefdom of Osolia". The Speaker is tasked with the responsibility of:

• presenting bills, measures, and commencing votes on them; representing the Assembly in official capacities
• mantaining order during debates, allocating speaking time to members, and ensuring the legislative process is adhered to
• establishing committeees to address specific issues, conduct inquiries, and provide recommendations
• ensuring a smooth transfer of power, similarly to the Chief
• appointing an acting Speaker in cases of prolonged unavailability, similarly to the Chief.

The Speaker is also tasked with arranging the impeachment of all officials, including the Chief, the Speaker, and any Governors or Directors. The impeachment of the Chief or a Governor or Director may also be carried out if a majority of the population supports such an act via a petition.

In cases where the Speaker fails to arrange the impeachment of themselves "in a timely manner", the Chief has the authority to appoint an Acting Speaker to handle the process.

The Speaker is not term-limited.

Section 3: Justice

Section 3 gives the Assembly the authority to "pass laws regarding crimes, torts, and procedure for criminal sentencing and liability imposition" while requiring such legislation conform to the Constitution and not apply ex post facto.

Trials are mandated to take place as soon as both the prosecution, defense, and the judge, are available. Trials are ran by the Speaker in any way they see fit, so long as no provisions of the Constitution are violated. The Speaker may recuse thesmelves in cases of a conflict of interest, in which case a new presiding judge will be chosen by the Assembly.

The defense and prosecution are both guaranteed lawyers upon request and equal speaking time.

Spectators of a trial serve as members of the jury, unless they leave for longer than 2 minutes and are not excused by the presiding judge, in which case they will no longer be able to determine guilt.

The determination of guilt is the exclusive competence of the jury. However, the overall outcome of a trial is decided by the presiding judge, conforming to the Constitution and all other relevant passed legislation.

A mistrial may be called by the presiding judge, in which case the trial shall be restarted at a later date.

Appeals may be requested by anyone "if a citizen believes that there has been a procedural error, a misapplication of the law, or new evidence that contradicts the previously given verdict".

Decisions and verdicts are mandated to be publicly available.

"Rehabilitation and restitution" shall be prioritized over "punitive measures" when determining sentencing and liability.

Contracts are recognized and are legally binding in a court of law. Neither party may have been "feigned or forced" into agreement, the contract must not "require any party to engage in actions or activities that would endanger governance, server security, violate any laws that explicitly supersede contracts, or violate the Discord server rules," and the contract must not include any stipulation violating a player's rights as described in Article 3, Section 2, Clause 2 of the Constitution.