Archive: Constitution of the Federation of Gelledyrus

Archived as of 3/30/2022 by the mighty N’nosk.

Constitution of the Federation of Gelledyrus

Ratified March 13th, 2022

Article I

General Provisions

  1. The nation which this Constitution refers and applies to shall be officially known as the “Tributary Dynastic Federation of Gelledyrus”.
    1. The Tributary Dynastic Federation of Gelledyrus may be referred to, in its official capacity, as “the Federation”, “Gelledyrus”, or “the nation.”
  2. As a server which inhabits the website of Discord, the Federation of Gelledyrus shall place the Discord Terms of Service above any and all laws it may uphold, including this Constitution.
    1. The Federation of Gelledyrus shall recognize no server which has sponsored two (2) or more Terms of Service violations within the past three hundred sixty five (365) as a sovereign political entity of any kind within the mock government community. 
      1. Hereby defines the “mock government community” as the collection of discord servers which act as political entities.
  3. The Federation of Gelledyrus shall derive its power from four (4) tribes, those of which shall be known as “Elmoria”, “Iredale”, “A’mlon”, and “Krueler.” 
    1. All tribes shall be led by a Chief who shall be appointed by the patriarch of the ruling clan in that tribe.
      1. The patriarch of the ruling clan shall not be eligible to attain the position of Chief.
      2. After two (2) weeks, if the ruling clan does not believe the Chief that the patriarch appointed has done a good job, the clan, through a majority vote, can install a new Chief without the approval of the patriarch.
      3. All Chiefs must be in a clan.
      4. No one ruling clan can rule more than one tribe.
        1. To determine the ruling clan, the clans shall go to “war” with each other.
          1. No clan may attack the ruling clan until four (4) weeks have passed since taking power.
      5. More than one clan may exist in one tribe.
    2. A Chief may determine a charter for his or her tribe and amend such at his or her discretion. 
      1. Hereby defines a “charter” as a document which determines the framework for a tribe’s method of governance.
      2. No charter may abolish the position of Chief, nor contradict any tribal regulations set by this Constitution.
    3. All tribes must support and participate in the Gelledyrus Tithe. Tribes will supply a portion of their resources and troops in exchange for funding to create more resources and troops, creating a feedback loop. 
      1. If a tribe fails to supply a portion of their resources and troops, a penance tax shall be imposed on the tribe in question in which a massive increase in the amount of resources and troops is needed to be delivered until the original number of resources and troops are repaid and 50% more. If there is a continued refusal to pay, the federal government may send soldiers to take the resources by force.
    4. Each tribe shall determine its own process for granting membership in addition to its process for banishing a person from the tribe in question. 
      1. All members of a tribe shall bear citizenship to the Federation of Gelledyrus; furthermore, no person who does not bear membership to a Gelledyran tribe shall bear Gelledyran citizenship. 
      2. No person who has raided and/or nuked one or multiple discord servers twice or more within the past three hundred sixty five (365) days shall be eligible to gain citizenship to any Gelledyran tribe. 
    5. No tribe may obstruct its members from applying for membership to any other nor from leaving the tribe in question.
    6. No tribe shall interact with an entity outside of the Federation of Gelledyrus without the approval of the Det Høje Råd. 
    7. Hereby affirms that a person may only bear membership to one Gelledyran tribe at a time. 
  4. The demonym of Gelledyrus shall be “Gelledyran.” 
    1. A citizen of Gelledyrus may be referred to by his or her tribe’s demonym, followed by a hyphen and the demonym of “Gelledyran” (IE: “Elmorian-Gelledyran”, “Iredalish-Gelledyran”, “A’mlonese-Gelledyran”, or “Kruelerian-Gelledyran”). 
  5. Treason is hereby defined as levying war against the Federation of Gelledyrus, subverting the government’s power through the use of force, raiding any server under the Federation of Gelledyrus’s jurisdiction, nuking any server under the Federation of Gelledyrus’s jurisdiction, and/or aiding any individual who partakes in any of the aforementioned actions.
    1. The punishments for Treason shall be determined by federal legislation; any and all acts of Treason, however, shall be punished in the same manner. 
  6. No government policy shall infringe on the sovereignty of the Federation of Gelledyrus.
  7. In the case that the Federation of Gelledyrus moves to a different discord for whatever reason, this Constitution and all other Gelledyran policy shall be transferred with the nation. 

Article II

Det Høje Råd

  1. All legislative and executive powers within the Federation of Gelledyrus shall be vested in a unicameral Det Høje Råd of Gelledyrus. 
    1. Det Høje Råd shall determine its own rules and proceedings with a simple majority.
      1. Hereby defines a “simple majority” as any margin of votes in which the votes in favor outweigh the votes opposed. 
  2. Det Høje Råd shall be composed of a number of citizens (As determined by legislation), determined by each tribe’s population, elected from each tribe in the General Election using the voting system of Single Transferable Vote. 
    1. Upon being inaugurated, Det Høje Råd shall elect a Chairman of Det Høje Råd using the voting system of Approval Voting.
    2. In the case that a seat within Det Høje Råd is vacated, a six (6) hour signup window for the seat shall immediately commence in the tribe that that seat originates, which shall be followed by a twelve (12) hour voting period using the voting system of Alternative Choice Voting; following this, the newly elected Det Høje Råd member shall immediately be inaugurated.
    3. The Chairman of Det Høje Råd shall be responsible for enforcing the established rules and procedures within the Det Høje Råd.
      1. In the case that Det Høje Råd has established no rules and procedures, the Chairman of Det Høje Råd may ensure that the Det Høje Råd fulfills its duties in any legal manner of his or her choosing. 
    4. The Chairman of Det Høje Råd shall represent Det Høje Råd in negotiations with foreign powers and carry out the decisions made by Det Høje Råd.
  3. In the case that the Chairmanship is vacated for whatever reason, 
    1. The Vice Chairman shall be first in the Line of Succession to assume the position of Chairmanship.
    2. In the case that no person ascends to the Chairmanship from a lower position, an emergency snap election for the position shall be held.
      1. The emergency snap election in question shall commence with a six (6) hour sign up period, which shall be followed by a twenty four (24) hour voting window.
  4. Hereby defines a piece of “legislation” as a document in which Det Høje Råd executes a power delegated to the whole institution.
    1. A piece of proposed legislation which has not yet been enacted shall be known as a “bill.”
    2. A piece of legislation which is in effect shall be known as a “law.”
  5. Det Høje Råd shall bear the power to,
    1. determine the punishment(s) for Treason (As detailed in Article I, Section 5),
    2. criminalize certain actions and determine the punishments for crimes,
    3. establish and regulate commerce between tribes,
    4. establish or abolish positions within the Riksråd,
    5. determine the Line of Succession after Vice Chairman,
    6. raise and maintain government-sponsored organizations and institutions of national defense,
    7. regulate the tribes in any way, shape, or form,
    8. regulate the usage of alternative accounts (alts) within the Federation of Gelledyrus,
    9. establish systems for roleplay,
    10. establish and maintain an official record of legal documents which are in effect,
    11. create holidays officially recognized by the Federation of Gelledyrus,
    12. establish embassies within foreign entities,
    13. allow foreign entities to harbor diplomats and embassies within the Federation of Gelledyrus,
    14. commence negotiations with foreign powers,
    15. deport immigrants (Hereby defined as individuals who lack citizenship to the Federation of Gelledyrus) who have raided and/or nuked twice or more within the past three hundred sixty five (365) days via the use of Executive Order,
    16. fulfill any and all processes for enforcing the law which have been determined by legislation,
    17. certify official maps the Federation of Gelledyrus is to regard as legitimate,
      1. Hereby affirms that no map the Federation of Gelledyrus is to use shall determine what it regards as sovereign and/or legitimate in terms of practical discord code. 
    18. and grant reprieves, pardons, and commutations to federally convicted criminals under this Constitution and the laws of the Federation.
  6. Det Høje Råd may propose declarations of war to a national referendum.
    1. In the case that ⅔ of citizens within the national referendum in question approve of the declaration in question, a state of war shall officially be declared upon the political entity in question; in the case that this threshold is not reached, the declaration shall not be enacted.
    2. Hereby defines a “declaration of war” as an official document in which a political entity states its intention to utilize force against another which it recognizes as sovereign.
  7. Det Høje Råd shall appoint a Commander in Chief of the Joint Task Force if a declaration of war is declared; all soldiers within such shall report to the Commander in Chief above any other commanding officer, but the Commander in Chief shall report to Det Høje Råd.
    1. Hereby defines a “soldier” as an individual enlisted within the Gelledyran Joint Task Force.
    2. Hereby defines a “commanding officer” as an individual who bears the authority to command soldiers.
    3. Hereby affirms that soldiers shall not be obligated to comply with an order they find to be against Gelledyran law and/or this Constitution; in the case that a soldier disobeys a Joint Task Force order, the Det Høje Råd may obligate him or her to abide by such via a case in the High Court of Judicature in which the Grand Magistrates shall compose a panel. 
  8. Under no circumstances shall Det Høje Råd pass any proposal which,
    1. regulates speech, thought, or expression,
    2. prevents citizens from protesting and/or petitioning certain individuals and/or organizations of their grievances,
    3. establishes an official religion for the nation, nor regulates the manner in which a person worships,
    4. regulates what a truthful press may report on,
    5. discriminates against any person based on their race, sex, gender identity, ethnicity, age, creed, sexuality, political status, national origin, or any other factor not based on their actions or legal record,
    6. violate the security of citizens’ persons, homes, and privacy without probable cause verified by a federal magistrate (Either serving on the High Court of Judicature or Court of Appeals),
    7. and prevents citizens who have been accused of a crime or liability from receiving a fair trial for the accusation(s) in question, in addition to competent legal defense in court, and the right to remain silent during interrogation.

Article III

The Judiciary

  1. The Judicial authority of the Federation of Gelledyrus shall be divided into three levels, those of which shall be the tribal judiciaries, the Court of Appeals, and the High Court of Judicature. 
  2. All criminal and civil cases initially filed to the Gelledyran Judiciary shall originate in the court of the defendant’s tribe. 
    1. Hereby defines the “Gelledyran Judiciary” as all three aforementioned judicial levels. 
    2. Hereby defines a “defendant” as a person who is being accused of a crime (In the case of a criminal case) and/or liability (In the case of a civil case).
    3. Hereby defines a “criminal case” as one in which the defendant is being accused of 0committing a crime which is illegal within the defendant’s tribe or illegal within federal law.
      1. To convict a defendant of an alleged crime, it must be proven that he or she is guilty of the crime in question Beyond a Reasonable Doubt.
    4. Hereby defines a “civil case” as one in which the plaintiff (Person filing the case in question) is accusing the defendant of harming him or her in some way, shape, or form, yet not necessarily committing a crime. 
      1. To rule that a defendant is liable to a plaintiff, it must be proven that the plaintiff’s argument for such is stronger than the defendant’s. 
    5. Each tribe may determine all aspects of the way in which its court functions. 
  3. In the case that a case conducted in a tribal court showed bias towards one side over the other at any point, in the case that a tribal court’s ruling was made based on anything other than the law, and/or in the case that the incorrect burden of proof was utilized in the case in question (Beyond a Reasonable Doubt in criminal cases or Preponderance of Evidence in Civil Cases), either side may appeal the case in question to the Court of Appeals, which is to be composed of one (1) Magistrate who shall be nominated by the Statsminister and confirmed to office by no less than ⅔ of the Parliament. 
    1. The powers to determine whether a case meets the requirements to be appealed to the Court of Appeals and the judicial procedure utilized by the Court of Appeals shall be vested in the Magistrate serving on the Court of Appeals.
    2. In the case that a Magistrate is too busy and/or partial to preside over a particular case, he or she may appoint an Acting Magistrate to preside and rule on the case in question.
      1. Once the case in question has concluded, the Acting Magistrate shall lose his or her position until re-appointed by the Magistrate on the Court of Appeals to preside over a different case.
  4. All cases in which a petitioner (Person filing the case in question) alleges that a respondent (Person and/or institution which the case is being filed against) has violated this Constitution shall be heard and ruled on by the High Court of Judicature, which shall be composed of three (3) Grand Magistrates who shall all be nominated on the consent of the Statsminister and confirmed to office by no less than ¾ of Parliament. 
    1. Although individual Grand Magistrates shall preside over cases heard by the High Court of Judicature, issuing a ruling shall require two (2) out of the three (3) Grand Magistrates to concur on such. 
    2. The longest serving Grand Magistrate on the High Court of Judicature shall be granted the title of “Supreme Magistrate” and shall bear the responsibilities of,
      1. determining which Grand Magistrate presides over a case in the instance of a dispute,
      2. and determining the judicial procedure utilized by the High Court of Judicature.
    3. In the case that the Court of Appeals demonstrated bias towards one side over the other in a case, in the case that a ruling issued by the Court of Appeals was based on anything other than the law, and/or in the case that the incorrect burden of proof was utilized in the case in question, the case in question may be appealed to the High Court of Judicature, which shall hear the case in question as it would any other. 
    4. In the case that a Grand Magistrate recuses him or herself from contributing to the ruling on a particular case, the Magistrate serving on the Court of Appeals may take his or her place for the case in question. 
  5. No court procedure shall prevent either side from presenting its case within such, nor shall a court procedure demonstrate bias towards one side of a case. 
  6. No individual, 
    1. shall be tried for the same federal offense twice unless a federal magistrate verifies that significant enough evidence has been discovered that could see a not guilty verdict change,
    2. nor shall an individual be punished twice for one federal offense.
      1. Hereby defines a “federal offense” as one which has been criminalized by legislation passed by the federal government. 
  7. In the case that a federal magistrate (On the Court of Appeals or High Court of Judicature) creates a ruling based on anything other than the law, he or she shall have been guilty of Judicial Overreach and may be removed from office by way of impeachment.
  8. No Grand Magistrate shall serve on the Court of Appeals while serving on the High Court of Judicature.

Article IV

The House of Chiefs

  1. The power to propose amendments to this Constitution shall be vested in a House of Chiefs, which shall be composed of the Chiefs of all tribes.
    1. No amendment shall be proposed by the House of Chiefs without the concurrence of ¾ of all Chiefs in favor of the amendment in question.
    2. Upon an amendment’s passage by the House of Chiefs, it shall proceed to a national referendum, in which ⅔ of voters must vote in favor of the amendment’s adoption in order for it to be ratified and considered part of this Constitution.
      1. No government, beit federal or tribal, shall infringe upon the citizens’ right to vote on the ratification of Constitutional amendments. 
  2. Every two (2) weeks in the Midterm Election, the House of Chiefs shall elect via Approval Voting one of its own members to become Tribal Thane.
    1. The Tribal Thane shall act as chair of the House of Chiefs and shall therefore ensure that the established rules and procedures of the House are enforced.
      1. The House of Chiefs’s rules and procedures shall be determined by the House of Chiefs unilaterally.
      2. In the case that the House of Chiefs has established no rules and procedures, the Tribal Thane may ensure that the House executes its duties in any legal manner he or she sees fit. 
    2. The Tribal Thane shall serve in the Riksråd and shall be responsible for advising both the Consul and Jarl in regards to all of their duties. 
      1. Det Høje Råd may delegate any power held by the individual in question to the Tribal Thane at any time. 
  3. The House of Chiefs shall bear the power to impeach federal government officials for crimes and/or neglect of duty. 
    1. Hereby defines “neglect of duty” as an instance of a government official failing to fulfill, or failing to create a plan to fulfill, Constitutional duties which the government official in question is obligated to.
    2. Once impeached, the Tribal Thane (Or an individual employed by the Tribal Thane to do so) shall prosecute the official in question in the High Court of Judicature, which shall utilize the same procedures as it would in any other case filed to it.
    3. In the case that two (2) out of the three (3) Grand Magistrates find the official in question guilty of the charges in question, he or she shall be convicted and removed from office. In the case that less than two (2) Grand Magistrates find the individual in question not guilty, he or she shall be acquitted and shall return to office.
      1. The punishment for a conviction of neglect of duty shall not extend past the guilty official in question being removed from office. 

Article V

Mandate of Power

  1. Given that the Federation of Gelledyrus’s power is derived from the tribes which compose it, no person who does not bear membership to a Gelledyran tribe may vote in any of its government-sponsored polls.
    1. Hereby defines a “government-sponsored poll” as any type of poll (Election, referendum, etc) which is outlined by this Constitution and/or enacted law. 
  2. No individual shall be entitled to vote in any government-sponsored poll more than once, nor on more than one account. Furthermore, no individual shall hold federal public office on multiple accounts. 
    1. Hereby affirms that the federal government may take further action against the usage of alternative accounts (alts) within the Federation of Gelledyrus. 
  3. No institution of government shall assume any power which it has not been expressly delegated by this Constitution. 
  4. No Høje Råd member, nor federal magistrate shall serve in any of the other aforementioned positions while bearing his or her position in question.

Article VI

Elections

  1. No government, beit federal or tribal, shall infringe upon the citizens’ right to vote in Det Høje Råd and/or tribal elections.
  2. Scheduled federal elections shall be divided into two categories: General Elections and Midterm Elections.
    1. General Elections shall occur every four (4) weeks and shall contain the position of Det Høje Råd.
    2. Midterm Elections shall occur every two (2) weeks and shall contain the elections for Tribal Thane.
  3. Hereby defines a “Recall Election” as one which is held early on the proposal of a Recall Petition (Hereby defined as a petition which calls for a Recall Election and which has been verified as legitimate by an federal magistrate) which has been approved by a national referendum.
    1. Det Høje Råd or Tribal Thane may be recalled in the case that no less than five (5) citizens sign a Recall Petition which has been approved by no less than ⅔ of voters in a national referendum to do so.
    2. The right of citizens’ to vote on the passage of a Recall Petition shall not be infringed upon by any government. 
    3. In the case that a Recall Petition fails to pass a national referendum, it shall not be proposed for the same election within the term of the institution (Det Høje Råd or Tribal Thane) in question. 
  4. All federal elections within the Federation of Gelledyrus shall span the course of twenty four (24) hours; no vote cast after this time period shall be counted, nor shall polls be closed sooner than the passage of this time frame.