The Founding Articles of Hiyamashū (C2)


Legislation Information

This document was published on 2nd May 2019 (2019年5月2日).

Bill drafted on 27th April 2019 (2019年4月27日).

Approved on 1st May 2019 (2019年5月1日).

Effect on 2nd May 2019 (2019年5月2日).

 

The Emperor:
His Majesty, Emperor Kakumei

 

 

First Minister:
The Honorable, First Minister Kure Yukishie

 


Preface

We, the People of Hiyamashū, acting through our elected representatives in the Central Assembly, determined that we shall secure for ourselves, for the progress of Hiyamashū and our posterity the fruits of peaceful cooperation with all regions and nations and the blessings of liberty throughout this land, do proclaim that sovereign power resides with the people and do firmly establish this Constitution.

Government is a sacred trust of the people, the authority for which is derived from the people, the powers of which are exercised by the representatives of the people, and the benefits of which are enjoyed by the people.


Chapter I: The Empire of Hiyamashū

§1 – General Provisions

1: The Empire of Hiyamashū

  1. The name of this region shall be The Empire of Hiyamashū.
  2. For ease, it can be spelled as “Hiyamashuu” and the name can be shortened to Shūkoku.
  3. The region shall not surrender to alien forces or merge and shall stay as sovereign.

2: Aims

  1. Hiyamashū shall protect all member states in the region at the best of its abilities.
  2. It shall safeguard and protect the sovereignty of the region.
  3. It shall promote the common goals of member states.
  4. It shall ensure the greatest possible equality for justice between all states.
  5. It shall be committed to peace and neutrality internationally.

3: Member States

  1. “Member states” are defined as “Residents” in NationStates.
  2. All member states have an important part to play in the governance, law & order as well as achieving the goals and tasks of this region.

§2 – Instruments of Governance

1: Democracy

  1. The government shall act democratically, secularly and openly.
  2. Members of the government shall actively contribute to the region’s best interest and not to use the office of government to their own personal means.

2: Qualifications

  1. Members of the government must hold the following qualities in order to hold office,

    a. Nation must be a Member State.

    b. Nation must be at least 28 days old.

    c. Nation must be in Hiyamashū for at least 42 days.

    d. Nation required to be active in NationStates; Online once every two days.


Chapter II: Executive Branch

§3 – The Crown

1: The Crown

  1. The Crown is the Founder of the region and the Head-of-state.
  2. They shall in charge of overseeing the democratic process in Hiyamashū.

2: Authority

  1. The Crown’s authority derives from being the founding nation of the region.
  2. They may veto any law passed by parliament.
  3. They retain the supreme authority of the region.
  4. They may assign a member state as an assistant by merit, stated in §4.

3: Appointment of Government Offices

  1. The Crown shall appoint the First Minister as designated by vote.
  2. They shall appoint the Members of First Council upon request by the First Minister.
  3. The Crown shall retain full authority over the appointment of Government Offices and may dismiss any Officer.

4: At His/Her Imperial Majesty’s Pleasure

  1. This term can be applied to punishments, term limits or any duration-dependent issue.
  2. This term implies that the duration shall last till The Crown finds it fit to end.

Chapter III: Legislative Branch

§4 – Office of the First Minister

1: The First Minister

  1. The First Minister is Head-of-government.
  2. They shall be in charge of the daily management and running of government.

2: Appointment

  1. The First Minister shall be appointed by The Crown

3: Term Limits

  1. The First Minister has can only serve for a maximum of 2 terms and cannot serve more 2 terms concurrently. Each term is 28 days.

4: Authority

  1. They may assign suitable member states to The First Council by merit.
  2. They may veto any law passed by parliament. Veto may be overruled by 2/3 vote by the parliament.
  3. They shall have all permissions except for border control.

5: Line of Succession

  1. Shall be used when the First Minister,

    a. dies in office,

    b. unable to perform their duties or,

    c. do not meet the necessary activity requirements.

  2. Till the First Minister is able to perform their duties reliable, the following shall occur,

    a. The Deputy First Minister shall assume the role of First Minister and shall not hold office for longer than 31 days.

    b. During the span of said 31 days, if the First Minister is confirmed to be unable to serve Hiyamashū for the remainder of their term, an emergency election shall be held and the First Council shall be dissolved with immediate effect.

    c. However, if a suitable candidate for First Minister cannot be found, the Office of The First Minister shall be merged with the WA Delegation Office till a suitable candidate has been found.

§5 – The First Council

1: The First Council

  1. The First Council is the cabinet of the First Minister.
  2. It consists of 5 members.

2: Positions

  1. The positions in the council are,

    a. First Minister

    b. Deputy First Minister,

    c. Minister of Security,

    d. Minister of International Affairs, and

    e. Minister of Internal Affairs.

3: Appointment of Members

  1. All members shall be appointed by the First Minister.

4: Term Limits

  1. Upon the First Minister leaving office, all members of The First Council shall vacate office.

§6: The Central Assembly

1: The Central Assembly

  1. The Central Assembly shall be the highest organ of state power, and shall be the sole law-making organ of the State.
  2. It shall consist of elected members, representative of all the people.
  3. It should make laws in the interest of the region and to protect the sovereignty of the region.

2: Membership

  1. The number of members in the assembly shall be fixed to eleven.
  2. Five of which is the First Council, including the First Minister.
  3. Six of which are not part of the First Council and are in a political party or as an independent.

3: Appointment

  1. Members shall be appointed by direct vote via elections.

4: Term Limits

  1. The term of office of members of the assembly shall be two months. However, the term shall be terminated before the full term is up in the case where the assembly is dissolved.

5: Passing of Laws

  1. A bill becomes law when there is a majority in the assembly.

Chapter IV: World Assembly

§7 – Office of the World Assembly Delegation

1: World Assembly Delegate

  1. The World Assembly Delegate is decided via the endorsement system of NationStates.
  2. They are the representative of Hiyamashū in the World Assembly.
  3. They are to vote for the best interest of the region and of the member states.

2: Authority

  1. They shall have permissions to the World Assembly, Communications & Polls and do not have Executive rights.

3: World Assembly Resolutions

  1. The World Assembly Delegate shall vote according to what is desired by the majority in Hiyamashū and what is best for the region.

Chapter V: Judiciary

§8 – Judiciary System

1: Justice by referendums

  1. All punishments and decisions of the convicted are to be made by the People’s Council. Passed by a majority vote.
  2. This excludes hostile entities and of those who committed treason unless overruled by The Crown.

2: Exclusions

  1. During a crisis and when swift action needs to be taken in order to resolve a severe issue, with the approval of the First Council, The Crown shall have the ability to perform actions that do not require approval from any organs of government.

Chapter VI: Principles of Hiyamashū

§9 – Extremism Prohibited

1: Ideology

  1. Extremist ideologies are defined as the following, but not limited to

    a. Fascism

    b. Communism

    c. Nazism

    d. Any variant of the ideologies listed

2: Limitation of rights

  1. Nations with extremist ideologies are not recognised as member states and do not share the same rights as other nations.
  2. Nations with extremist ideologies are not allowed to hold position(s) in Hiyamashū.

§10 – Democracy

1: Impeachment

  1. The First Minister, Members of the First Council, Members of the Central Assembly may be subjected to impeachment.
  2. the Crown may not be impeached.
  3. The World Assembly Delegate may not be impeached by voting.
  4. An impeachment request can be made by member states.
  5. Impeachment can only occur to said state via a majority vote.
  6. Once impeached, said state shall vacate office with immediate effect.
  7. All impeachment requests shall be directed to the Crown and evaluated accordingly.

2: Elections & Referendums

  1. All elections shall be decided via direct vote.
  2. They shall be true, objective and fair.
  3. All referendums may only last for a maximum 4 days and a minimum of 1 day.
  4. the Crown and World Assembly delegate may not vote.
  5. If a referendum is tied, the Crown and World Assembly delegate may, only then, place their vote.
  6. Upon the ending of voting, the decision chosen by the majority shall be performed within 4 days from ending.

3: First Council Internal Resolutions

  1. A resolution shall last for 2 days.

  2. A ½ vote is required for the passing of a bill.

  3. Actions taken after the bill is passed internally

    a. the Crown is required to approve the bill.

    b. Public Referendum is required to fully passed the bill if the Crown deems the decision controversial.

4: First Minister Elections

  1. First Minister elections shall be held 6 days before end of current holder’s term.

  2. During an Emergency Election, the First Minister must be decided in 20 days starting from the day the Emergency Election is declared.

    a. Accordance to §5.

§11 – Neutrality & Diplomacy

1: Neutral Stance

  1. The region of The Empire of Hiyamashū is a neutral region and shall renounce war.

2: International Affairs & Embassies

  1. Embassy invitations should be accepted unless requesting region is an extremist region or a region that poses security risk to Hiyamashū.
  2. All embassies are an important asset in diplomacy, embassies shall only be closed if embassy region poses a high security risk or is being destroyed by raiders.
  3. Should an embassy region be raided, The Empire of Hiyamashū shall not be involved in the affairs of said region and shall stay neutral.

Chapter VI: Identity

§12 – Regional Symbol

1: Regional Flag

  1. The regional flag of The Empire of Hiyamashū consists of,

    a. A sun representing the brightness and liveness of the region

    b. A white background representing the purity of its members.

    c. Three supporting base below the mountains to represent the 3 founding nations.


Chapter VII: Safeguarding Sovereignty

§13 – Emergency Powers

1: Emergency Events

  1. In an event of an emergency such as, but not limited to

    a. Raiding

    b. Civil/Internal unrest

    c. Administration overthrowd. Obstruction to Justice

    d. Only applies to High Treason

    e. Extremist overthrow.

2: Powers

  1. Under emergency powers, the First Minister, under the direction of The Crown, isable to perform large changes that may adversely affect Hiyamashū as awhole. This includes,

    a. Suspension of Liberties

    b. Dismissal of all positions.

  2. In order to trigger emergency powers, the First Minister, or his cabinet, isrequired to seek approval from the Crown.

  3. Emergency powers will apply for as long as the Crown sees fit.