Cyber Nations Wiki
Advertisement
Democratic Republic of the Pacific
Pacifican Republic Flag
Flag of the Pacifican Republic
History
  • Created: 29 March 2009
  • Finalized: 2 April 2009
  • Adopted: 3 April 2009
Previous Governing Documents
  • Declaration of Sovereignty
  • Puget Sound Decree
  • Charter of the Puget Sound
Government
Elections Under Constitution
  • 2009 (April)
  • 2009 (September)
  • 2011

PREAMBLE[]

WE the citizens of the Pacific, heirs and continuators of some of the greatest societies on this Earth, put here through the heroism and sacrifice of our ancestors; by the Indians who preferred exterminations rather than submission to their invaders; by the slaves who rebelled against their master; by the great patriots of this nation who put their comrades before themselves in the building of this land; by the people who struggles for many decades to achieve the dream that an entire land promised them; by the ideas of democracy, liberalism, and social equality for all; by the fight against the exploitation and horrors of man; by the fundamental law that every man is entitled to his pursuit for liberty and happiness; by means of the free and fair vote in the Constitution Convention for the Provisional Republic of Puget Sound hereby declare the following:
CONSTITUTION FOR THE DEMOCRATIC REPUBLIC OF THE PACIFIC

CHAPTER I[]

ARTICLE 1: The Pacifican Republic is a sovereign republic built with the good of free democratic values such as that off political, religious, and economic freedoms, the collective well-being and the solidarity of the populace.
ARTICLE 2: The name for the Pacifican state is the Democratic Republic of the Pacific, reflecting the democratic values that are held and the republican structure of the government ensuring equal and fair power to the organs of government.
ARTICLE 3: The power of the state is exercised through the organization of the people and their initiative through the ballot to continue the fair and free rule of a nation through its people. Through these initiatives, the people of Pacifica hold authority over the powers of the State. As such all elections for office and referendums are to occur on the first Monday in September.
ARTICLE 4: Freedom to speak, believe, and express one’s ideas are a fundamental right to man, and is defended by the Pacifican state. As is the right to assembly, organization, and association defended by the State as unalienable rights given to man.
ARTICLE 5: Trial by one of his peers held in a speedy and fair fashion in free courts are a right to all Pacifican citizens, in addition to the right of search only by the decree of a lawful warrant by a law enforcement authority.
ARTICLE 6: All peoples are entitled to free education, the access to the resources of learning and studies, entitled that no person be left without healthcare; that no person be left out of the programs for sports, the arts, and culture; that no person be left out of the opportunity to work and supply for themselves and their family a fair living wage.
ARTICLE 7: The state and its people exercises sovereignty over the entire national territory, which is defined corresponding with the supreme laws of the Republic.
ARTICLE 8: The Pacifican State exercises neutrality in conflicts on this Earth, and believes in the preservation of peace and the use of the diplomatic process to resolve conflicts of interest between nations.
ARTICLE 9: The Pacifican Democratic Republic operates on the principles that both public and private enterprises exist, not without moderation for the benefit of the populace of the Republic. The nationalization of industries exploiting the resources of the State is implemented to regulate accordingly to national standards and the prevention from foreign control of national resources and workforce.
ARTICLE 10: The State recognizes the sovereignty of the private ownership of one’s land and personal processions. It also recognizes that such seizure of land without appropriate compensation is unlawful and denies the right of the citizen to private ownership.
ARTICLE 11: The exchange of private personal goods from one to another either in heirloom or to pay unofficial debts is recognized by the Pacifican Democratic Republic to be legal and to be without official government agency regulation outside of basic national law outlining the titles, goods, and debts that can be exchanged among private citizens.
ARTICLE 12: The state the environment and natural resources. It recognizes the close links they have with sustainable economic and social development to make human life more rational and to ensure the survival, well-being and security of present and future generations. The application of this policy corresponds to the competent bodies. It is the duty of citizens to contribute to the protection of the waters, atmosphere, and the conservation of the soil, flora, fauna and nature’s entire rich potential.
ARTICLE 13: Citizens of the Pacifican Democraitc Republic are recognized as those born in national territory, with the exception of the children of foreign persons at the service of their government or international organizations. In the case of the children of temporary foreign residents in the country, the law stipulates the requisites and formalities; those born abroad, one of whose parents at least is Pacifican and on an official mission; those born abroad, one of whose parents at least is Pacifican, who have complied with the formalities stipulated by law; those born outside national territory, one of whose parents at least is Pacifican and who lost their Pacifican citizenship provide they apply for said citizenship according to the procedures stated by law; foreigners who, by virtue of their exceptional merits won in the struggles for the Republic’s independence, were considered Pacifican citizens by birth; those foreigners who acquire Pacifican citizenship in accordance with the regulations established by law; Pacificans may not be deprived of their citizenship save for established legal causes. Neither may they be deprived of the right to change citizenship. Dual citizenship is not recognized. Therefore, when a foreign citizenship is acquired, the Pacifican one will be lost. Pacifican citizenship may be regained in those cases and ways specified by law.

CHAPTER II[]

ARTICLE 14: The National Assembly of the Pacifican Democratic Republic is the supreme and sovereign power that where the will of the people is expressed. The National Assembly is the only organ in the State government that may exercise legislative duties and perform executive decrees as invested in this constitution.
ARTICLE 15: The National Assembly is comprised of delegates in a ratio of one to every five-thousand citizens and an additional 2 delegates assigned to every administrative division created by national law. Each delegate is elected in free and fair elections by a direct and secret vote every two years on the 15th of September from the adoption of this constitution. The National Assembly is to be sworn in fifteen days from its election. This is done in proportion according to law.
ARTICLE 16: The National Assembly has the ability to create new, and modify past legislative decrees that have been issued by the Assembly. This includes amending the constitution, modifying measurements, statistical records of the Democratic Republic, and regulate the organs of government and the use of credit to pay debts in the State.
ARTICLE 17: The National Assembly is given the power to elect the Council of Ministers of the Pacifican Democratic Republic upon nomination from the Chairman of the Council of Ministers. It is also given power to election the Chairman upon nomination from the President.
ARTICLE 18: The authority to conduct trials and the removal and temporary election of office-holders is given to the National Assembly. Such procedures in impeachment and trial processes are to be conducted according to national law.
ARTICLE 19: This legislature is given the responsibility to raise, maintain, and organize armed services for the Pacifican Democratic Republic. The Assembly withholds the ability to create and appoint those to various rank within the organized armed services.
ARTICLE 20: Additionally, the National Assembly is grated the ability to grant independence to the administrative divisions of the Democratic Republic, or to convene a convention on the adoption of a new constitution or government per the consent of a national referendum.
ARTICLE 21: The National Assembly is to operate per centralist ideals, the legislature’s decrees cannot be overruled by any other power in the State. The Assembly acts at the executive authority in the government and the in the Republic. Each decree is to require a simple majority vote, over fifty percent; amendments and votes of no confidence require a super majority two-thirds vote.
ARTICLE 22: The admittance of new territory or the creation of new sub-national administrative divisions are to be decided by a decree from the National Assembly.
ARTICLE 23: Any delegate to the National Assembly is allowed to propose any kind of document for legislation by the Assembly.
ARTICLE 24: The National Assembly is to elect a Secretary to oversee the conventions of the legislature. The Secretary of the National Assembly of the Pacifican Democratic Republic is to chair the Moderation Committee of the National Assembly.
ARTICLE 25: The Secretary of the National Assembly is to be elected upon the first session of a new National Assembly. Candidates are chosen by the respective parties represented in the National Assembly, whom must be delegates in the current Assembly. The candidates are then voted upon and the winner is decided upon simple majority decree by the National Assembly.
ARTICLE 26: The authority to direct and convene the Moderating Committee during National Assembly sessions are given to the Secretary of the National Assembly. Additionally, the Secretary is to assist the Moderating Committee in keeping order in the Assembly and ensuring that all decrees are fairly and efficiently debated and voted upon.
ARTICLE 27: The Moderating Committee of the National Assembly of the Pacifican Democratic Republic is to be comprised of one representative per party in the Assembly. In the event of ties, the Secretary of the National Assembly may cast a tie-breaking vote.
ARTICLE 28: The Moderating Committee is to be nominated by their respective parties and will represent them on the committee with no prior Assembly election. Each committee member must be a delegate of the current National Assembly session.
ARTICLE 29: Keeping the Assembly orderly and operating in an efficient fashion, the Moderating Committee is to oversee and moderate debates and votes in the National Assembly.
ARTICLE 30: The National Assembly cannot, even by decree from itself, dissolve for any reason without an immediate replacement within seven days of the Assembly’s initial dissolve. The replacement must be an organization that would assume the legislative administration of the nation.
ARTICLE 31: Delegates to the National Assembly must be of twenty-five years of age, and have been a citizen of the Pacifican Democratic Republic for four years. Persons at the age of twenty-five or over upon the establishment of the Republic are eligible to run.
ARTICLE 32: The National Assembly is to convene fourteen days after an election of a new Assembly. The legislature then is to meet for a period of one-hundred days with ten-days given after for break, with the exception of one twenty-one day break in July. The Assembly is to convene in this fashion until the election of a new Assembly.
ARTICLE 33: This legislature is to assume all legislative duties, decrees, and act as the succeeding government organ to the Sound National Legislative Council of the Provisional Republic of Puget Sound . The National Assembly is also to assume all constitutional amending authority from the Constitutional Convention of the Provisional Republic of Puget Sound.

CHAPTER III[]

ARTICLE 34: The Council of Ministers of the Pacifican Democratic Republic is comprised of sixteen Ministries of the Pacifican Democratic Republic: Defense, Commercial Administration, Industrial Moderation, Monetary Funding, Interior, Urban and Housing Development, Social and State Services, Health, Environmental Affairs, Foreign Affairs, Transportation, Education, Information and Broadcasting, Culture, Agriculture, Labor and Workers Affairs.
ARTICLE 35: Seven other government organizations will also hold a seat on the Council of Ministers of the Pacifican Democratic Republic, but are not considered ministries: Trade Representation Bureau, Directorate of Intelligence, Department on Affairs of the National Assembly, National Science and Technology Administration, Tribal Affairs Bureau, Water Resources and Management Organization, Pacifican Domestic Registry Bureau.
ARTICLE 36: The cabinet will be administered by the Chairman of the Council of Ministers of the Pacifican Democratic Republic, and is to serve as a member of the Council. The Chairman of the Council of Ministers will be elected by the National Assembly upon nomination by the President of the Democratic Republic of the Pacific. This is to occur every eighteen months.
ARTICLE 37: The Chairman of the Council of Ministers has the authority to nominate those to the Council of Ministers. All nominees to the Council must be approved by the National Assembly with the President holding the power to veto any nominations. A simple majority is required to confirm any member to the Council of Ministers.
ARTICLE 38: The Council of Ministers is to administer the various ministries and responsibilities that are assigned to it. Such administrations are directly overseen by the Chairman of the Council of Ministers and the administrations may be modified, recalled, or altered upon decree from the National Assembly of the Pacifican Democratic Republic.
ARTICLE 39: The Council of Ministers may convene upon declaration from the Chairman, the National Assembly, or the President. Such conventions must include all twenty-three members of the Council and other delegations responsible in the convening of the Council.
ARTICLE 40: The term for a member of the Council of Ministers is infinite until resignation, or reassignment or dismissal from the Chairman or National Assembly.
ARTICLE 41: The Chairman may only replace a minister on the Council by offering an alternative person to replace that office in question. The nominee must be approved by the National Assembly, and the incumbent must also be dismissed from office.
ARTICLE 42: The National Assembly may only replace a member of the Council of Ministers by dismissing the incumbent and electing a temporary replacement to fill that office. The Chairman must then nominate a replacement to that Council office.
ARTICLE 43: The ministries and organizations of the Council of Ministers act as autonomous administrations, organizing their structures and operating according to internal management and any laws and/or decrees made by the Chairman or National Assembly.
ARTICLE 44: The Chairman of the Council of Ministers is to act as the head of the government of the State, and deputy to the President. The Chairman would become acting President is the current sitting President were to be rendered un-fit to rule and the office were to be empty. The Chairman would be acting President until a new one could be elected.
ARTICLE 45: As such, the Chairman of the Council of Ministers must decree a Deputy Chairman to fill in his/her role upon the event in which the Deputy will have to step in as acting Chairman of the Council of Ministers. The Deputy will act in this role until a new Chairman can be elected. The status of the ministry/organization that Council member would be administering would not be affected; the deputy in that governmental agency would temporarily take the place of the Deputy as that ministry/organization’s administrator.
ARTICLE 46: In times where the National Assembly is unable to conduct its legislative duties, by decree of the President, the Council of Ministers may then administrate all legislative authority in the Democratic Republic. In this state, the Council of Ministers is designated the Acting Assembly, and may be dissolved upon a legal decree by the National Assembly.
ARTICLE 47: The Acting Assembly is to be organized like that of the National Assembly, the Chairman of the Council of Ministers is designated the Secretary of the Acting Assembly and the President is to administer all former Council ministry responsibilities and appoint the Acting Moderating Committee for the Acting Assembly. This continuation of government effectively gives the Acting Assembly the same authority that the National Assembly holds, and the President is the head of state and government for the Democratic Republic.
ARTICLE 48: The Council of Ministers is to form National Commissions, a group of designated representatives from the various ministries and organizations that are assigned to a commission detailing certain broad responsibilities. These commissions include: on the defense of the state; on the health of the state; on the interior security of the state; on the judicial administration of the state; on the administration of state services. Each ministry can serve on multiple commissions, or on none at all, assignment to a National Commission is decided by the Chairman of the Council of Ministers.
ARTICLE 49: The Council of Ministers may not be dissolved unless a succeeding branch of government is designated beforehand as the continuation of the Council. This may only be done through National Assembly declaration, or constitutional amendments.

CHAPTER IV[]

ARTICLE 50: The head of state of the Democratic Republic of the Pacific is to be represented by the President of the Democratic Republic of the Pacific. This office is designated as the head of the executive administration duties for the Republic, presiding over delegated tasks that are handed to either the armed forces or the Council of Ministers.
ARTICLE 51: The President must be at least of thirty-five years of age and having been a Pacifican citizen for at least fifteen years. The President is elected on the 15th of September of every four years, and is to take office fifteen days after being elected. A maximum of three four-year elected terms is placed upon the office of President, or a maximum of fourteen years in the office. The National Assembly may disqualify any candidate running for office of the President is that candidate is in conflict with any national law that allows him/her to run for the Presidency.
ARTICLE 52: The President nominates a candidate to serve as his/her Chairman of the Council of Ministers. The President’s nominee must be approved by the National Assembly. Any candidates the Chairman of the Council of Ministers nominated to the Council can be vetoes by decree of the President.
ARTICLE 53: The President is subject to trial and impeachment by the National Assembly and/or the Supreme Court of the Pacifican Democratic Republic. In the event of impeachment, the Chairman of the Council of Ministers is to serve as interim President of the Democratic Republic until the end of the impeached President’s term.
ARTICLE 54: The armed forces of the Democratic Republic of the Pacific are under the direction of the President. Any deployments handed down to the armed forces from the President must first be authorized by the National Assembly.
ARTICLE 55: The President may organize his/her executive offices to how he/she prefers. The President may also propose to the National Assembly reorganizations in the structure of the Council of Ministers, the armed forces, or amending the constitution. Additionally, the President may propose any kind of legislation into the National Assembly for vote.
ARTICLE 56: Any position created in the Executive Office of the President that gives power to oversee, delegate power from, administer powers and declarations either to another government agency, an agency of its own, or to the President must first be approved by a vote from the National Assembly.
ARTICLE 57: The President administrates the Council of Ministers along with the Chairman, and may recommend and administrate any changes and/or policy orders enacted upon the council from another government agency or organ.
ARTICLE 58: The President may appoint those who he/she prefers to his/her personal staff at the Executive Office of the President without the consent of the National Assembly when not in violation of Article 56.
ARTICLE 59: The President is to act as the chief statesman for the Pacifican Democratic Republic, acting as the Republic’s representative abroad and in international negotiations. Upon approval from the National Assembly, the President and the Minister of Pacifican Foreign Affairs are to sign a treaty that retrains to two sovereign nations or an international organization of sovereign nations. This responsibility of being a signatory may be delegated to someone else upon declaration from the President.
ARTICLE 60: Government-run agencies outside the Council of Ministers are to have its administrators appointed by the President as according to agency charter and national law. National Assembly consent is not required, however the Assembly may recall any appointed administrator to a government-run agency.
ARTICLE 61: The President appoints all diplomats to foreign nations, without consent from the National Assembly. However, diplomats may be recalled per vote from the National Assembly. All diplomats are to then be overseen by the Minister of Pacifican Foreign Affairs.
ARTICLE 62: Upon approval from the National Assembly, the President may declare relations between the Republic and another nation to be formally cut or established. This includes the administration of diplomats and embassies relating to the nation(s) in question.
ARTICLE 63: The President may not hold more than one office in a government agency or organ while serving his/her term in office.
ARTICLE 64: All judges to district courts, national courts, and the Supreme Court are to be appointed by the President with consent from the National Assembly.
ARTICLE 65: With consent from the Supreme Court of the Democratic Republic of the Pacific, the President may issue pardons to those who he/she have earned it.
ARTICLE 66: The President is to be paid by the national banking authority in charge of banking on behalf of the government of the Pacifican Democratic Republic. The amount paid to the President and other federal officials are to be determined by that of national law and policy of the government banking agency mentioned in this article.
ARTICLE 67: The exclusive use of the Presidential transportation is given to the President and any official that he/she may invite or allow to use. The use of a state ground vehicle, airplane, sea-worthy vehicle, and place of residence is given to that of the President and his/her family. Such vehicles and properties are of the responsibility of the government of the Pacifican Republic in whole, and not to that personally of the President of the Republic.
ARTICLE 68: The President may transfer his powers to the Chairman of the Council of Ministers for any designated amount of time during the President’s term. The President may also permanently designate powers to the Chairman in the form of resignation from the Executive Office of President. In the event of resignation, the Chairman becomes acting president until the term is over and the Deputy Chairman of the Council of Ministers then becomes Chairman.
ARTICLE 69: The position of President of the Pacifican Democratic Republic may not be dissolved unless replaced by that of another form of head of state for the Republic that is decided in a democratic fashion by national referendum.
ARTICLE 70: The election date for President may be delayed by decree of the National Assembly for a maximum of thirty days. The latest possible date for an election to be held for President of the Republic is the 5th of October.
ARTICLE 71: Election day for the President or the National Assembly is designated a national holiday and all government offices are to be closed or close at an early time as to allow for eligible citizens to cast votes.

CHAPTER V[]

ARTICLE 72: The Supreme Court of the Democratic Republic of the Pacific is the highest judicial body in the Republic. It is to make the final decisions of any case private citizens or public official that is in dispute among two parties. The decision is to be made upon Supreme Court review and interpretation of the Constitution of the Democratic Republic of the Pacific and national law as relevant to the case.
ARTICLE 73: Seven Supreme Judges are to be on the Supreme Court, appointed by the President and having consent of the National Assembly. Each Supreme Judge is to serve a ten-year term with unlimited renewals. If a Supreme Judge nominee or serving judge is denied a term, the President must then nominate another or new judge to serve on the Court.
ARTICLE 74: No judge on the Supreme Court may have belonged to any politically endorsed organization or firm within a decade before appointment to the Court.
ARTICLE 75: The Supreme Court reviews all challenges of national or constitutional law, as well as the legality of National Assembly, Council of Ministers, or Presidential decrees. Additionally, civil, private, and local laws may be reviewed by the court upon appeal from a national circuit court.
ARTICLE 76: Decisions made by the Supreme Court may not be challenged by any other lesser court, only revisions may be made by the Supreme Court when decided a similar case or a decision to review a previous case is performed.
ARTICLE 77: Court rulings may be appealed through the succession of courts in the nation. These go as follows: municipal courts, district courts, national circuit courts, Supreme Court.
ARTICLE 78: Each chartered township (towns, cities) are granted a municipal court to serve the township and minor civil disputes. As according to district law, the municipal court may hear specific cases.
ARTICLE 79: Each administrative division is to have one superior court serving that division. As per district law, the superior court may hear cases that fall into its relevant categories.
ARTICLE 80: National circuit courts are to comprise of several districts, and are to act superior to district courts. These national circuits are to be the last step in the judicial hearing process before having to be heard by the Supreme Court.
ARTICLE 81: Municipal and district courts are to be elected in direct election by eligible citizens of that district and/or township. How these elections are held and when are determined by district and municipal law.
ARTICLE 82: National circuit court judges are to be appointed by the President with approval of the nominee by the National Assembly. National circuit judges are to serve a term of ten-years with unlimited chances at renewal.
ARTICLE 83: The Supreme Court, in reference to Articles 72 and 75, and its decisions are the final rulings on how law is interpreted and executed in the Democratic Republic of the Pacific.
ARTICLE 84: Supreme Court rulings will not be in favor, or on the behalf of, politically affiliated organizations. Exceptions including that of election fraud, disputes, or problems in the electoral, legislative, executive, or judicial process.
ARTICLE 85: The Supreme Court may not be dissolved unless an immediate plan for a continuation of a national supreme court can be enacted within twenty-four hours of the Supreme Court being dissolved.
ARTICLE 86: The Ministry of the Interior may tap the Supreme Court to review cases that are in relevance to corruption or law-breaking in the Pacifican Republican government.

CHAPTER VI[]

ARTICLE 87: The structure and definitions used in the charters and constitutions of the Republic’s several districts and many townships may act autonomous to one another, the district (in relation to township), and the national constitution (in relation to district). However, democratic principles must be enacted in such charters and constitutions. The legality of such may be disputed by that of the Supreme Court of the Pacifican Democratic Republic.
ARTICLE 88: The flag of the Pacifican Republic and its coat of arms are to be designated by national law in addition to how it is presented and respected. No national law or constitutional amendment may regulate the design of flags and arms of townships and administrative divisions.
ARTICLE 89: National taxation and the printing of a national currency may only be administrated under the direction and declarations of the National Assembly. To print alternate currency for use within the Pacifican Republic that isn’t administered by the National Assembly is punishable by national and constitutional law.
ARTICLE 90: Districts and townships may tax autonomously from each other, however all taxes are relevant to the citizens that reside in a district’s or township’s borders.
ARTICLE 91: No administrative division of the Pacifican Republic may enter into a treaty, or exclusive deal with a sovereign foreign power. No administrative division may raise armed forces autonomous to that of the Pacifican armed forces.
ARTICLE 92: Amendments to the Constitution of the Democratic Republic of the Pacific must be approved by two-thirds of the districts in the country.
ARTICLE 93: The Democratic Republic of the Pacific, as a governmental authority acting on behalf of the nation or describing the nation as a whole can be referred to in national and constitutional law as: the State (in the context of the national government or nation), the Pacifican Republic, the Republic, Pacifica, the Democratic Republic, or the Pacifican Democratic Republic. This also refers to the use of official government position titles.
ARTICLE 94: The Democratic Republic of the Pacific will not bear nuclear weapons, research or fund the use of nuclear weapons.
ARTICLE 95: The President of the Democratic Republic of the Pacific may not hold duel membership with another sovereign nation.
ARTICLE 96: No government official may hold multiple offices at once outside his/her agency at the same time.
ARTICLE 97: The central banking authority for the Pacifican Democratic Republic may loan or donate money to an international organization or a foreign government for the strict use of humanitarian efforts. The banking authority is mandated by the constitution for regular annual payment to the United Nations in effort to help the international organization continue to serve the international community.
ARTICLE 98: The government of the Pacifican Democratic Republic does not recognize foreign governments where its head of state, government and other government officials are appointed to such a position based on religious merit. Exceptions to this article are the Vatican City and the Holy See.
ARTICLE 99: Recognitions of new nations and/or governments-in-exile are per the decision and decree of the President and the National Assembly.
ARTICLE 100: Diplomats within the Pacifican Republic are not subject to “diplomatic immunity” and may be punished as according to the law that holds relevance to any crime committed.
ARTICLE 101: The President may not serve as a diplomat to a specific country, only as a special envoy to an organization or government-in-exile.

CHAPTER VII[]

ARTICLE 102: This Constitution for the Democratic Republic of the Pacific is to take effect twenty-four hours after the ratification by the districts, Sound National Legislative Council, the Executive Republican Governing Council, and the Constitutional Convention of the Provisional Republic of Puget Sound. After this constitution takes effect, the constitution convention responsible for ratification and drafting on this constitution is to immediately dissolve.
ARTICLE 103: Elections for the officers as described in this constitution may be elected on a date proclaimed by the Sound National Legislative Council. After this initial election, the electoral schedule is to operate as per this constitution.

Advertisement