User:Kunarian/State Reform

State Reform 2012

An act to be entitled

An act to reform the position of States and Congress within the Lovian Constitution; and for connected purposes.

Be it enacted by the Prime Minister, by and with the advice and consent of Congress, in this present Congress assembled, and by the authority of the same, as follows:

Article 4
Article 4 – The structure of Lovia
 * 1) The Kingdom of Lovia is governed on different levels:
 * 2) The federal level encompasses the entire Lovian territory.
 * 3) The executive power of the federal level inheres to the Federal Government of Lovia. This government consists of the Prime Minister and the ministers of the federal government, and has control over federal government ministries, federal government institutions and federal civil services.
 * 4) The Prime Minister and other ministers are Members of the Congress; however, the heads of government institutions and civil services do not need to be Members of the Congress.
 * 5) The legislative power of the federal level inheres to the Lovian Congress. This parliamentary body consists of the Members of the Congress, who are either democratically elected by the citizens of Lovia or who are Member by Right (the ruling monarch). Congress may, as the sole federal body in the nation, write and amend legal matters in the Federal Law and the Constitution.
 * 6) All judicial power inheres to the Supreme Court of Lovia.
 * 7) The state level consists of five states with limited powers: Clymene, Kings, Oceana, Seven and Sylvania.
 * 8) The executive power of the federal level inheres to the State Governments of each state. These governments consist of the Governor, Deputy Governor and the secretaries of the state governments, and has control over state government departments, state government institutions and state civil services.
 * 9) The legislative power of the federal level inheres to the State Councils of each state. These parliamentary bodies consist of the Councillors of the State, who are democratically elected by the citizens of Lovia. State Councils may, as the sole state bodies in their states, write and amend legal matters in their corresponding State Law.
 * 10) The local level, consisting of cities and towns, and the sublocal level, consisting of neighborhoods and hamlets, are governed by the state authorities.

Article 5
Article 5 - Legislature and executive power
 * 1) In general, the competencies of the state level are limited to local government that does not interfere with certain federal laws and certain acts of federal governance. The following competencies belong to the state level:
 * 2) The naming, organizing and maintaining of urban parks, public places, streets, markets, roads (with the exclusion of highways), waterways, natural areas and environmentally significant places that are not protected by the federal government, culturally significant monuments that are not protected by the federal government.
 * 3) Informing the state population about the various aspects of the state, the federal government and its policies.
 * 4) The construction and planning of neighborhoods and hamlets.
 * 5) The Governor may decide on the construction, destruction, re-organization of neighborhoods and hamlets in that specific state.
 * 6) The Lovian Congress may overrule the Governor's decision by a normal majority. From the moment a bill to overrule that decision has been proposed to Congress, the Governor cannot proceed with the construction, destruction or re-organization. If the decision is in effect overruled by Congress, the Governor may not construct, destroy or re-organize neighborhoods and hamlets for thirty-one days, to protect the state and its inhabitants from whimsical construction plans.
 * 7) The Governor may not grant a town a fifth neighborhood, which would make it a city.
 * 8) Bringing the people of Lovia and the different levels and branches of government closer to one another.
 * 9) Advising the Lovian Congress on issues related to the particular state.
 * 10) Advising federal institutions in relation to protected natural regions and culturally significant locations and monuments in the particular state.
 * 11) Creating and managing state government departments, state government institutions and state civil services which have the sole function and duty to perform the tasks the state government is entitled to perform, including but not exclusively maintaining roads and waterways and protecting cultural and natural heritage.
 * 12) Exercise policy in the interest of the states economic and social well being.
 * 13) Create legislation for the Social Law Book and Civil Law Book of the the State Law.
 * 14) All competencies not covered by the states inhere to the federal level.
 * 15) When a state is in conflict with the federal level or with another state, in relation to their legal competencies, any of the involved parties may consult the Supreme Court.
 * 16) The Supreme Court Judge must in turn consult the laws of Lovia and must interpret these justly and with respect to the well-being of the Lovians.
 * 17) The Supreme Court Judge must then decide to which of the involved parties the competency of conflict inheres.
 * 18) The Supreme Court Judge may also find the matter inconclusive. He or she may then require the Congress to amend the Constitution. Such a requirement is binding and obligatory.

Article 6
Article 6 – Amending the Federal and State Law
 * 1) Amending Federal Law:
 * 2) A motion to amend the Federal Law can be:
 * 3) * A proposal for a new article in the Federal Law;
 * 4) * A proposal to amend a section of the Federal Law;
 * 5) * A proposal to remove a section of the Federal Law.
 * 6) The required steps to propose a motion to the Federal Law in Congress:
 * 7) All Lovian citizens may write and propose motions to the Federal Law.
 * 8) Motions are presented to the Members of the Congress in the First Chamber.
 * 9) All Members of the Congress are expected to read the motion and form a personal opinion about it. In order to obtain the support of a majority of Members of the Congress, changes may be proposed in the First Chamber.
 * 10) If the proposing Member of the Congress expects that the majority of Congress is in favor of the motion, he or she may move it to the Second Chamber.
 * 11) All Members of the Congress are expected to vote on the motion in the Second Chamber.
 * 12) There are three valid voting options: pro (in favor of the motion), contra (in opposition to the motion) and abstention (the wish not to vote).
 * 13) A normal majority is required to pass a motion. A normal majority is described as more than fifty percent of the valid votes.
 * 14) All Members of the Congress have two weeks’ time to cast their vote in the Second Chamber. Voting may be closed earlier if the required majority is reached. The proposer may also choose to lengthen the voting period.
 * 15) When the motion is accepted by Congress, it must be implemented. The Minister of Justice, the Prime Minister and the ruling monarch are enprivileged to enshrine passed motions in the law, although all Members of the Congress may do it, if done correctly.
 * 16) When the motion is not accepted, either because the majority opposed it or because no majority was found in favor of the motion, it shall be removed from the Second Chamber. Any citizen and Member of the Congress has the right to propose an altered version for reconsideration in the First Chamber.
 * 17) A motion that is not intended to be enshrined in the Federal Law, but that does need Congressial approval, is proposed and voted in the same way.
 * 18) For each motion that has been moved to the Second Chamber by Congress, and that is in due time either approved, rejected or proven unable to gain the required support, Congress must keep a record, starting February 1st of the year 2011, which will be known as the Congressional Journal.
 * 19) Amending State Law:
 * 20) A motion to amend the State Law can be:
 * 21) * A proposal for a new article in the State Law;
 * 22) * A proposal to amend a section of the State Law;
 * 23) * A proposal to remove a section of the State Law.
 * 24) The required steps to propose a motion to the State Law in the State Council:
 * 25) All Lovian citizens may write and propose motions to the State Law.
 * 26) Motions are presented to the Councillors of the State in the State Chamber.
 * 27) All Councillors of the State are expected to read the motion and form a personal opinion about it. In order to obtain the support of a majority of Councillors of the State, changes may be proposed in the State Chamber.
 * 28) If the proposing Councillors of the State expects that the majority of State Council is in favor of the motion, he or she may call a council vote upon the motion.
 * 29) All Councillors of the State are expected to vote on the motion in the State Chamber if a council vote is called.
 * 30) There are three valid voting options: pro (in favor of the motion), contra (in opposition to the motion) and abstention (the wish not to vote).
 * 31) A normal majority is required to pass a motion. A normal majority is described as more than fifty percent of the valid votes.
 * 32) All Councillors of the State have two weeks’ time to cast their vote in the State Chamber. Voting may be closed earlier if the required majority is reached. The proposer may also choose to lengthen the voting period.
 * 33) When the motion is accepted by the State Council, it must be implemented. The Governor, the Deputy Governor and the ruling monarch are enprivileged to enshrine passed motions in the law, although all Councillors of the State may do it, if done correctly.
 * 34) When the motion is not accepted, either because the majority opposed it or because no majority was found in favor of the motion, it shall be removed from the State Chamber. Any citizen and Councillor of the State has the right to propose an altered version for reconsideration in the State Chamber.
 * 35) A motion that is not intended to be enshrined in the Federal Law, but that does need State Council approval, is proposed and voted in the same way.
 * 36) For each motion that has been proposed to the State Chamber by the State Council, and that is in due time either approved, rejected or proven unable to gain the required support, the State Council must keep a record, starting December 1st of the year 2012, which will be known as the State Journal.

Article 8
Article 8 – Elections and the formation of federal and state governments
 * 1) Federal Elections:
 * 2) Every year federal elections must be held for the election of the 100 seat Congress.
 * 3) The term of office of every Member of the Congress is exactly one year. Therefore every year the elections should be held at the same date.
 * 4) Election procedure during Federal Elections:
 * 5) During a period of three weeks, any Lovian citizen can, without restrictions, become a candidate in the Federal Elections. This period begins exactly one month and twenty-one days before Inauguration Day.
 * 6) During a period of three weeks, any Lovian citizen can cast his or her votes in favor of candidates in the Federal Elections.
 * 7) Every citizen may cast three favorable votes in the Federal Elections: a Major Vote, a Minor Vote and a Favor Vote. A Major Vote is worth three points, a Minor Vote two and a Favor Vote one.
 * 8) Citizens may choose not to cast their votes, or to only cast some of them.
 * 9) Citizens may not cast multiple votes for the same candidate. All cast votes must be given to different candidates.
 * 10) All citizens must receive at least three points to receive any seats in Congress.
 * 11) The normal dates of elections, excluding the possibility of a dissolution of Congress, are set at December 10th to 31st for nominations, and from January 1st to 21st for voting. Inauguration Day is set at February 1st.
 * 12) All candidates will complete the elections with a percentage of the total votes, with the exception of those that have withdrawn.
 * 13) The percentage of votes cast to a certain candidate from the total votes cast is the amount of seats in Congress that the candidate will control.
 * 14) The congressperson may delegate their seats to all the parties that they wish, but still control the votes of each congressperson.
 * 15) New federal elections must be held when more than half of the Members of the Congress are inactive; either self-declared or if they have not edited for over a month (30 days).
 * 16) The Prime Minister and Ministers of the Federal Government:
 * 17) A coalition of political parties and/or Members of the Congress that control more than 50% of the seats of Congress should form between the end of elections and Inauguration Day.
 * 18) The coalition should create a proposal of which Members of the Congress should become the Prime Minister and the ministers of the federal government. This proposal must be approved by a normal majority in Congress.
 * 19) If no government proposal is approved, then the former government should continue its duties until a government proposal is approved by Congress.
 * 20) A Member of the Congress should be elected by a normal majority of Congress to become the Speaker of the Congress, who presides over Congress in conjunction with the ruling monarch.
 * 21) The Speaker of the Congress has the power to appoint a special session of congress in the case that more than half of congressional members are inactive and elections are not being held.
 * 22) Congress should be able to question all executing members of government - of any level - about their activities. If the congress has lost their trust in the questioned person, a motion of distrust may be proposed in congress against him or her. When this motion is accepted by a normal majority, he or she has to resign from the government and a replacement has to be proposed by another Member of the Congress, accepted by the person who is nominated, and approved by Congress.
 * 23) When Congress has lost its trust in the incumbent government, it can vote a motion of no confidence. When this motion is accepted by a normal majority, both the government and Congress are dissolved and new federal elections are to be held, with the former government and congress continuing until inauguration of the new congress.
 * 24) If the Prime Minister or a minister resigns, a replacement has to be proposed by another Member of the Congress, accepted by the person who is nominated, and approved by Congress.
 * 25) The Prime Minister may schedule new federal elections at any time. If he or she decides to do so, both the government and Congress are dissolved and new federal elections are to be held, with the former government and congress continuing until inauguration of the new congress.
 * 26) State Elections:
 * 27) Every year state elections must be held for the election of each 20 seat State Council.
 * 28) The term of office of every Councillor of the State is exactly one year. Therefore every year the elections should be held at the same date.
 * 29) Election procedure during State Elections:
 * 30) During a period of two weeks, any Lovian citizen can become a candidate in the State Elections of a state wherein he or she has an official residence. This period begins exactly one month before the day of inauguration of the Governor.
 * 31) It is not permitted to be a candidate during a state election in more than one state.
 * 32) During a period of two weeks, any Lovian citizen can cast his or her vote in favor of a candidate in the state elections of the state of which he or she is an official resident.
 * 33) Every citizen may cast three favorable votes per state election: a Major Vote in the state in which they have their first official residence, a Minor Vote in the state in which they have their second official residence and a Favor Vote in the state in which they have their third official residence. A Major Vote is worth three points, a Minor Vote two and a Favor Vote one.
 * 34) Citizens may choose not to cast their votes, or to only cast some of them.
 * 35) Citizens may not cast multiple votes for the same candidate. All cast votes must be given to different candidates.
 * 36) All citizens must receive at least three points to receive any seats in the State Council.
 * 37) The normal dates of elections, excluding the possibility of a disolution of the State Council, are set at September 16th to 30th for nominations, and from October 1st to 14th for voting. Inauguration Day is set at November 1st.
 * 38) All candidates will complete the elections with a percentage of the total votes, with the exception of those that have withdrawn.
 * 39) The percentage of votes cast to a certain candidate from the total votes cast is the amount of seats in the State Council that the candidate will control.
 * 40) The councillor may delegate their seats to all the parties that they wish, but still control the votes of each councillor.
 * 41) New state elections must be held when more than half of the Members of the State Council are inactive; either self-declared or if they have not edited for over a month (30 days).
 * 42) The Governor and Deputy Governor of the State Government:
 * 43) A coalition of political parties and/or Councillors of the State that control more than 50% of the seats of the State Council should form between the end of elections and Inauguration Day.
 * 44) The coalition should create a proposal of which Councillors of the State should become the Governor and the Deputy Governor of the state government. This proposal must be approved by a normal majority in the State Council.
 * 45) The Deputy Governor is in temporary charge of the state competencies during the absence of the Governor.
 * 46) If no government proposal is approved, then the former government should continue its duties until a government proposal is approved by the State Council.
 * 47) A Councillor of the State should be elected by a normal majority of the State Council to become the Speaker of the Council, who presides over Council in conjunction with the ruling monarch.
 * 48) The Speaker of the Council has the power to appoint a special session of council in the case that more than half of council members are inactive and elections are not being held.
 * 49) When the State Council has lost its trust in the incumbent government, it can vote a motion of no confidence. When this motion is accepted by a normal majority, both the government and State Council are dissolved and new state elections within the state concerned are to be held, with the former government and council continuing until inauguration of the new council.
 * 50) If the Governor resigns, or any other instance causing the Governor to quit, the Deputy Governor becomes Governor and will keep this office.
 * 51) If the Deputy Governor resigns, a replacement has to be proposed by another Councillor of the State, accepted by the person who is nominated, and approved by the State Council.
 * 52) The Governor may schedule new state elections at any time. If he or she decides to do so, both the government and State Council are dissolved and new state elections within the state concerned are to be held, with the former government and council continuing until inauguration of the new council.

Article 11
Article 11 – National symbols and language
 * 1) The federal capital of Lovia is Noble City, Sylvania.
 * 2) The national symbol of Lovia is the white pine tree.
 * 3) The national colors of Lovia are navy blue, red and white.
 * 4) The national flag of Lovia has a navy blue hoist, a red fly and the white pine tree as badge.
 * 5) The national language is English.
 * 6) The variety of English spoken and written by the Lovians is Lovian English. Lovian English is defined as a variety of American English, sharing its orthography and grammar, and most of its pronunciation and vocabulary, supplemented with lexical and grammatical features that are generally recognized as Lovian and that are understandable to all Lovians.
 * 7) The Lovian authorities of all levels shall make use of standardized Lovian English in all official documents.
 * 8) The language Oceana is recognized as a regional minority language, and shall thus be protected from extinction.
 * 9) The language may publicly be used by its speakers, under the condition that an accurate English translation shall be provided within a reasonable time.
 * 10) The Narasha 'Oshenna Rát or Oceana Language Council is a federal institution under the Ministry of Culture that shall preserve the language through literary, cultural and lexicographical projects. The Narasha 'Oshenna Rát is entitled to regulate and promote the use of Oceana language.
 * 11) States may define their own state symbols and languages within their own State Law Book.
 * 12) This definition may be ammended by the states Governor.