[Official] Emergency Impeachment Act

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[Official] Emergency Impeachment Act

Post by Admin on Mon Jun 24, 2013 10:51 am

The Emergency Delegate Impeachment Act


The Regional Assembly of the Antarctic Alliance,


Noting that an elected Delegate has the potential to step outside of their jurisdiction and/or the limits on their power,


Noting that the Charter does not provide for a system by which to impeach a Delegate that does so,
Noting that, as a democratic region, we cannot allow abuse of power by an elected official to stand, 


Hereby establishes the following provisions:


1. If a Delegate goes beyond the limits of their power set forth by the Charter, they may be called to trial by either the President of the Assembly, any two members of the assembly, or by one of their Ministers; the accuser(s) shall act as the Plaintiff against the accused.

2. An official shall be chosen to oversee the trial; determined by the circumstances of the accusation as detailed in Section 1.
     a. In the first instance, the trial shall be conducted by a member of the Assembly elected by   their peers, who shall be known as the Grand Inquisitor of the Assembly for the duration of the trial.
          b. In the latter two instances, the President of the Assembly shall oversee the proceedings. 
               c. The official in charge of overseeing the trial is charged with maintaining civil discourse among the gathered nations. If any of the gathered nations conducts a verbal attack on another, such as (but not limited to) ad hominem and statements irrelevant to the trial, the official is to make a mark against them. What constitutes an attack (beyond the above two examples) is left to the discretion of the official.
                    d. If any nation commits more than three such attacks, they are barred from the impeachment vote.

3. After the trial begins, the powers of the Delegate may be frozen by a majority vote of the Assembly, subject to a three day quorum. Should the motion fail to impeach fail, they will be restored after the trial.

4. At the start of the trial, the Defendant (the Delegate) and the Plaintiff (as defined in Section 1) are required to give their deposition to the Assembly. 
     a. In the case of the former, they are to defend their actions that brought the matter to trial. 
           b. In the latter case, they are to defend their accusation by providing appropriate evidence relevant to the case that proves the guilt of the Defendant. 

5. After the deposition, the floor is opened up to the other members of the Assembly, who can ask relevant questions to the Defendant or Plaintiff. 
     a. This period shall last no more than three days. 
          b. If more than twenty-four hours should pass during this period without a new question by any member of the Assembly, the floor closes to further questioning. 

6. After the period of questioning, the matter is put to vote by the Assembly, subject to the process detailed in Section II of the Charter.
     a. The Plaintiff, Defendant, and official overseeing the trial are barred from voting in this matter, and are not to be counted for quorum in any capacity.
          b. If the vote does not reach quorum within one week after voting commences, the motion fails.
               c. In this vote, the positions to be given as a vote are "Guilty", "Not Guilty", or "I Abstain".

7. If the motion to impeach passes after having reached quorum, the Defendant is to be proclaimed guilty, and is to be removed from power. 
     a. In this instance, the Vice Delegate is to temporarily take over the office of Delegate.
          b. Elections for a replacement Delegate must begin within a month of the vote's conclusion.
               c. The replacement election is to follow established voting procedures as defined by the Charter, and the replacement Delegate may serve a full term.
                    d. The Defendant, if voted guilty, is barred from running both in the replacement election and in the subsequent election after the replacement delegate has served his term.

8. No Delegate may be tried for breaches of power committed before the passage of these provisions.

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Re: [Official] Emergency Impeachment Act

Post by Post-Apocaliptia on Fri Jun 28, 2013 6:18 am

I should note that I did propose a few more clauses after I posted the act itself. Both fall under section 4, and are meant to balance out the act by providing consequences to attempts to use the act for personal gain.

c. If the Plaintiff cannot provide sufficient evidence that their case has merit enough to be considered by the Assembly, it may be dismissed by the official in charge of overseeing the trial.
d. If the evidence provided by the Plaintiff is found to be fallacious, slanderous, and/or meant solely to defame the Defendant, the presiding official has the right to suspend the Assembly membership of the plantiff pending a review by the President of the Assembly, the Council of Ministers, and their peers.

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Re: [Official] Emergency Impeachment Act

Post by Great Zavi on Mon Jul 08, 2013 11:02 am

Post-Apocaliptia wrote:I should note that I did propose a few more clauses after I posted the act itself. Both fall under section 4, and are meant to balance out the act by providing consequences to attempts to use the act for personal gain.

c. If the Plaintiff cannot provide sufficient evidence that their case has merit enough to be considered by the Assembly, it may be dismissed by the official in charge of overseeing the trial.
d. If the evidence provided by the Plaintiff is found to be fallacious, slanderous, and/or meant solely to defame the Defendant, the presiding official has the right to suspend the Assembly membership of the plantiff pending a review by the President of the Assembly, the Council of Ministers, and their peers.
Noted.

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Re: [Official] Emergency Impeachment Act

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