OTF Alliance

THE CHARTER OF THE OTF ALLIANCE
Article 1

The OTF Alliance is hereby formed as a grouping of like minded nations who wish to work together towards common goals as expressed by this charter. All member nations agree to abide by this charter and to the provisions therein.

Article 2 - Members

Section 1

Fidelity and loyalty to the alliance are fundamental responsibilities of all members. In return the alliance as a whole, and its elected and appointed officials, shall serve to further the interests of the individual members, subject to the greater good.

Section 2

Members shall be categorised as full members and associate members. Subcategories of the two categories may be determined by law.

Section 3

1° - Full members are those who have full privileges and responsibilities as members of the alliance, as determined by this charter and by law. 2° - Only full members have the right to seek nominations, and to make nominations, for elected positions as established by this charter. 3° - Only full members may vote in elections for elected positions as established by this charter. 4° - Full members, and subcategories thereof, shall have further privileges and responsibilities as may be determined by law.

Section 4

1° - Associate members are those recently accepted members of the alliance who shall not have full privileges and responsibilities as members of the alliance, as determined by this charter and by law. 2° - Parliament shall determine, by law, the conditions and further restrictions which attach to associate membership, subject to section 3, subsections 2° and 3° of this article, and shall determine the conditions which attach to promotion to full membership. 3° - Parliament shall determine, by law, the procedures by which membership of the alliance may be sought and the criteria which must be met for membership to be duly granted. 4° - The Department of Justice as established by article 5, section 3, subsection 4° shall be responsible for all aspects of the day to day management of the membership system.

Section 5

1° - A member may resign from the alliance by application to the Minister for Justice. 2° - Approval of the resignation shall be granted by the Minister for Justice after 3 days have elapsed, save where the member in question has been convicted or has been charged with the commission of a crime, or is not in a position to repay any aid he may have received within the previous 3 months of the date of his application to resign, to the Minister for Finance or the appointed representatives of the Minister for Finance. 3° - Penalties for breaches of the provisions of this section shall be decided by Parliament on a case by case basis.

Article 3 - The President

Section 1

There shall be a President of the OTF Alliance, elected for a two month term, hereinafter called the President, who shall take precedence over all other persons in the alliance and who shall exercise and perform the powers and functions conferred on the President by this charter and by law.

Section 2

1° - The primary responsibility of the President is to act as the first safeguard of this charter and to ensure the promulgation of the principles contained herein. 2° - Should the President feel that any Bill or other instrument of Parliament falls within the remit of article 4, section 2, the President shall refer said Bill or instrument to the High Court. The court shall decide the constitutionality of the Bill. If the President’s objection is upheld the Bill shall have failed, and may be reintroduced to Parliament with the unconstitutional provisions amended. Should the President’s objection fail the Bill shall be returned to the President who must sign it into law, save where the provisions of section 3, subsection 3 of this article apply.

Section 3

1° - The President shall be an ex officio Member of Parliament and shall act as Chair of the Parliament. He shall have no vote save as a casting vote in the event of an equality of votes as per article 4, Section 3, subsection 3°. 2° - The President shall have a seat at cabinet with no vote. 3° - The President is granted the right to refuse to sign into law any Bill, instrument or motion of Parliament, in his own absolute discretion, save where the said Bill, instrument or motion of Parliament has been approved by 12 Members of Parliament, or where the provisions of article 7, section 10 have been applied by 75% of the number of Members of Parliament, rounded up.

Section 4

1° - The President shall, on the nomination of Parliament, appoint the Prime Minister, that is, the head of the Government. 2° - The President shall, on the nomination of the Prime Minister with the previous approval of Parliament, appoint the other members of the Government. 3° - The President shall, on the advice of the Prime Minister, accept the resignation or terminate the appointment of any member of the Government. 4° - A majority of the members of Parliament may by a petition addressed to the President by them request the President to dismiss the Prime Minister. Upon receipt of such a petition the President shall dismiss the Prime Minister with immediate effect. Until the election of a new Prime Minister by Parliament, the Deputy Prime Minister shall fulfil the duties of Prime Minister as defined by this charter and by law. 5° - Parliament shall be summoned and dissolved by the President on the advice of the Prime Minister. 6° - The President may in his absolute discretion refuse to dissolve Parliament on the advice of a Prime Minister who has ceased to retain the support of a majority of Members of Parliament.

Section 5

Should the President fail to fulfil his non-discretionary powers, as conferred upon him by section 3, subsection 3° and by section 4 of this article, by article 4, sections 5 and 6, and by article 7, section 11, he shall be deemed to have resigned his office with immediate effect. The Prime Minister or Acting Prime Minister shall assume the duties of the President, in conjunction with their own duties, until a new President is elected.

Section 6

The President shall, at his own discretion, appoint all the justices to the Courts subject to the provisions of this charter and of law.

Article 4 - Parliament

Section 1

1° - The sole and exclusive power of making laws for the alliance is vested in Parliament. 2° - No provision may be made by law for the creation or recognition of subordinate legislatures, or for the delegation in any format whatsoever of the powers of Parliament as determined by this charter. As such Parliament is empowered to canvass the opinion of all alliance members but shall not be bound to adhere to such opinion, save that such opinion is expressed in an official referendum organised in accordance with article 7.

Section 2

1° - Parliament shall not enact any law which is in any respect repugnant to this charter or any provision thereof. 2° - Every law enacted by Parliament which is in any respect repugnant to this charter or to any provision thereof, shall, but to the extent only of such repugnancy, be invalid.

Section 3

1° - All questions in Parliament shall be determined by a majority of the votes of the members present, in at least sufficient numbers to form a quorum. 2° - One half of the currently elected members of Parliament, rounded up, shall form a quorum for the purposes of subsection 1° of this section. 3° - The President shall have and exercise a casting vote in the case of an equality of votes, but shall not have a vote otherwise. 4° - Any Bill passed by Parliament shall become law upon being presented, by the Prime Minister, to and signed by the President, subject to the provisions of article 3, sections 2 and 5.

Section 4

Parliament shall make its own rules and standing orders, with power to attach penalties for their infringement.

Section 5

1° - Parliament retains the sole right to declare war on behalf of the alliance. 2° - In the case of aggressive action against the alliance, the Government may take whatever steps they may consider necessary for the protection of the alliance, and Parliament if not sitting shall be summoned to meet at the earliest practicable date. 3° - Parliament shall adopt a war policy to be implemented and adhered to by all members. Parliament shall set appropriate penalties for breaches of the war policy. 4° - The President shall not have the power to implement the provisions of article 3, section 2 in relation to any Bill passed under the provisions of this section.

Section 6

1° - A majority of the members of Parliament may by a petition addressed to the President by them request the President to submit to referendum of the membership any Bill to which this section applies on the ground that the Bill contains a proposal of such national importance that the will of the membership thereon ought to be ascertained. Such a bill shall not become binding on the alliance until such stage as it has been accepted by the membership, and signed into law by the President. 2° - Any and all treaties, pacts and agreements, which require the alliance as a whole to take automatic military action or to send aid external to the alliance, in a given set of circumstances, negotiated with external powers, by the government on behalf of the alliance, shall be submitted by the President, in the form of a Bill, to referendum of the membership upon being accepted by Parliament. Such treaties, pacts and agreements shall not become binding on the alliance until such stage as they have been accepted by the membership, and signed into law by the President. 3° - All referenda submitted to the membership under the provisions of this section shall be held in accordance with the provisions of article 7. 4° - The President shall not have the power to implement the provisions of Article 3, section 2 in relation to any Bill passed under the provisions of this section.

Section 7

Fifteen members, as defined by article 2, shall be elected, in accordance with the provisions of article 7, to Parliament for a two month term, and shall be known as Members of Parliament, or MPs in the plural and MP in the singular.

Article 5 - The Government

Section 1

The executive power of the alliance shall be exercised by the Government.

Section 2

1° - The Government shall consist of the Ministers responsible for the Government departments established by this article, the Prime Minister and the Deputy Prime Minister, all of whom must be current Members of Parliament. Should any member of the Government be considered to have resigned as a Member of Parliament, they shall also be considered to have resigned as a member of the Government. 2° - If the Prime Minister so wishes he may be a Minister responsible for a Government department, as may the Deputy Prime Minister, subject to the provisions of article 3, section 4, subsection 2°. 3 - Sitting collectively, with the President in accordance with the provisions of article 3, section 3, subsection 2°, the Government shall be known as the cabinet.

Section 3

The following Government departments must be maintained by the alliance at all times, and shall be headed by a Minister: 1° - Department of Finance shall be responsible for financial aid, banker nations, the alliance budget and other duties assigned to it by law. 2° - Department of Industry & Commerce shall be responsible for co-ordination of trade, infrastructure development and technology and other duties assigned to it by law. 3° - Department of Defence shall be responsible for co-ordination of defence activities, military aid and other duties assigned to it by law. 4° - Department of Justice shall be responsible for internal security and administration of discipline including bringing cases against individuals to the courts, register of members, recruitment and induction, elections and other duties assigned to it by law. 5° - Department of External Affairs shall be responsible for diplomacy and other duties assigned to it by law.

Section 4

The Prime Minister shall, at his own discretion, and upon approval of Parliament, create other Government departments as he sees fit, each of which shall be headed by a Minister who shall have a seat at cabinet.

Section 5

The Prime Minister may appoint assistants to aid Ministers in the running of their departments if so requested. It is not a requirement for these assistants to be Members of Parliament.

Section 6

At the first meeting of each Parliament term a Prime Minister shall be elected.

Section 7

The Prime Minister shall resign from office upon his ceasing to retain the support of a majority of Members of Parliament unless on his advice the President dissolves Parliament and on the reassembly of Parliament after the dissolution the Prime Minister secures the support of a majority of Members of Parliament.

Section 8

If the Prime Minister at any time resigns from office the other members of the Government shall be deemed also to have resigned from office, but the Prime Minister and the other members of the Government shall continue to carry on their duties until their successors shall have been appointed.

Article 6 - The Courts

Section 1

A High Court of the alliance shall always be maintained, consisting of a Chief Justice and two Associate Justices as appointed by the discretion of the President in accordance with article 3, section 6.

Section 2

1° - The High Court shall have as one its primary responsibilities those powers granted to it by article 3, section 2, subsection 2°. 2° - The High Court shall also be responsible for hearing criminal justice cases under powers as granted to it by law. 3° - There shall be no appeal of decisions of the High Court.

Section 3

All trials held by courts of the alliance shall be held in accordance with the principles of natural justice and shall only be brought by the Department of Justice where a member is alleged to have breached a specific provision of this charter or of law.

Section 4

Parliament may create subsidiary courts with powers and responsibilities to hear criminal justice cases as defined by law. Only the President shall have the power to appoint justices to any Parliament created courts. Appeals of subsidiary courts shall be heard by the High Court.

Article 7 - Elections and Referenda Presidential Elections

Section 1

In order to be nominated as a candidate for a presidential election: 1° - A full member must receive at least five nominations from full members. 2° - Save where the total active membership, as defined by law, is less than 100 members, where a number of nominations equal to not less than 5% of the total active membership rounded up, to a minimum of 2, shall be acceptable. 3° - Any member so nominated by subsections 1° and 2° of this section must accept nomination before they are added to the list of candidates. 4° - A former or outgoing President may become a candidate on their own nomination, but in so doing he shall lose the right to make another nomination. 5° - Each full member may only make one nomination.

Section 2

Presidential elections shall be run on a first past the post system, with the candidate receiving most votes being elected. Each member entitled to vote shall cast one vote.

Section 3

Should only one candidate be nominated under the provisions of section 1 of this article, that person shall be declared elected without the need to hold an election.

Section 4

Nominations for presidential elections shall open 96 hours before the due date for the election, and shall remain open for 72 hours. There shall be a cooling off period of 24 hours allowing nominees to accept nomination. Polls shall be open on all 24 hours of the due election date. Parliamentary Elections

Section 5

An election held to select Members of Parliament shall be known as a general election.

Section 6

In order to be nominated as a candidate for a general election: 1° - A full member must receive at least two nominations from full members other than himself 2° - Any member so nominated by subsection 1° of this section must accept nomination before they are added to the list of candidates. 3° - An outgoing Member of Parliament may become a candidate on their own nomination, but in so doing he shall lose the right to make another nomination. 4° - Each full member may only make one nomination and may not nominate a member who has already fulfilled the requirements of subsection 1° of this section.

Section 7

General elections shall be run using a plurality voting system, with the candidates receiving most votes being elected. Each member entitled to vote shall cast five votes of equal preference, and may not give more than one vote to one candidate.

Section 8

Should only a number of candidates equal to or less than the number of seats in Parliament, as defined by article 4 section 7, be nominated under the provisions of section 6 of this article, those persons shall be declared elected without the need to hold an election. If there are remaining seats to be filled, a by election shall be held after two weeks, in accordance with the provisions of section 9 of this article, with the duly elected Members of Parliament in the first instance fulfilling the duties of Parliament in the mean time. Should the requisite number of seats still not be filled, those Members of Parliament duly elected in both instances shall continue to fulfil the duties of Parliament until the next election.

Section 9

Nominations for general elections shall open 96 hours before the due date for the election, and shall remain open for 72 hours. There shall be a cooling off period of 24 hours allowing nominees to accept nomination. Polls shall be open on all 24 hours of the due election date.

Section 10

Should a Member of Parliament resign his seat that seat shall remain unfilled until the next election, save where a majority of Members of Parliament resign over the term of a Parliament, which shall precipitate an election. Referenda

Section 11

A referendum to change, add or delete a provision of this charter shall be initiated by a motion passed in Parliament or by a petition of 20% of the total active membership presented to the President. Any such referendum shall require a two-thirds majority of votes cast to be considered passed. The President shall be responsible for updating the charter.  Section 12

Referenda held under the provisions of article 4, section 6 shall require a simple majority of votes cast, save where Parliament specifies the need for a greater majority as part of the Bill put to referendum.

Section 13

There shall be a minimum of 24 hours notice and a maximum of 7 days granted for all referenda initiated by Parliament

Section 14

The Department of Justice is required to hold a referendum initiated by a petition of 20% of the total active membership within 7 days of the presentation of the petition, giving at least 24 hours notice.

Section 15

No polling shall take place on a Saturday or Sunday. Should the cooling off period fall on a Saturday or Sunday, it shall be extended to midnight on the following Monday.