Charter of the Grand Unified Micronational (2021, first edition)
We, the members of the Grand Unified Micronational, are determined to—
promote communication and cooperation between micronations;
encourage micronational development;
help micronations thrive in the intermicronational community;
resolve our conflicts peacefully; and
uphold justice and international law.
About this document
Below is the 2021 GUM Charter. It was adopted on 21 March 2021 as an amendment to the 2016 Charter, and had 100% support amongst the 41 members who voted (out of 45 total).
The charter reform was initiated by Chair Newton von Uberquie, and continued during the term of Chair Jack Dean. Its provisions were decided by a commission of 25 delegates, and the text was drafted by Supreme Justice Anthony R Clark.
This document (on Google Docs) is the authoritative version of the Charter. The document is maintained by the Supreme Court — please inform them of any errors. It’s accurate as of 13 May 2021.
You can view the GUM’s previous constitutions and charters at the following links:
2009
2014
2015
2016
Amendments
Except for minor amendments fixing drafting errors, amendments are shown [like this] for additions and replacements, and like this for deletions. Additions that are subsequently deleted are shown [like this]. A footnote are given for every such amendment.
See chapter 1, article 6 for the rules for amending the Charter.
The first amendments were made on 14 April 2021.
The second amendments were made on 11 May 2021.
Chapter 1: The Organisation
Part I: Principles
Article 1: General provisions
- (1) The GUM— The GUM is an intermicronational organisation formed of independent sovereign states.
- (2) Aim— The GUM aims to promote intermicronational communication and cooperation.
- (3) Separation of powers— The GUM is governed by three separate branches: Quorum, the Executive, and the Supreme Court. A branch must not delegate its powers or functions to another branch.
- (4) Venues— The GUM conducts its business on a dedicated Discord server. All proceedings must be held on this server unless in exceptional circumstances the chair authorises otherwise.
- (5) Language and time zone— The GUM’s working language is English. The GUM uses coordinated universal time (UTC).
Article 2: Principles
- (1) Sovereignty— Micronations, including the GUM’s members, are independent sovereign states. Their sovereignty is inviolable. The GUM must not-
- (a) impose GUM membership on a state without its consent,
- (b) prevent a state from leaving the GUM, or
- (c) restrict a state’s ability to control its domestic or foreign affairs.
- (2) Equality— All states are fundamentally equal, regardless of any political, geographic, social, or cultural characteristics, and of perceived influence or reputation. The GUM must always hold this equality in the highest regard. However, every state is also unique, and sometimes there will be a legitimate reason to treat states differently. For example, this section doesn’t oblige the GUM to offer membership to every state that requests it.
- (3) Peace— The GUM encourages the peaceful resolution of disputes and condemns micronational war.
Article 3: Good administration
- (1) Accessibility— The GUM must be as accessible as is reasonably possible. Therefore, its proceedings, rules, and documents must be clear, concise, and free from jargon.
- (2) Duty to act fairly— No law, decision, or act of a GUM officer or body (including Quorum) may—
- (a) be unreasonable, capricious, malicious, disproportionate, or discriminatory,
- (b) impose a detriment on a state, organisation (including internal GUM bodies), or individual without—
- (i) a fair consideration of the facts and
- (ii) giving reasons (except when the detriment is due to a vote open to all members), or
- (c) breach a legitimate expectation, unless meeting the expectation would breach another duty or right.
- In subsection (b), ‘imposing a detriment’ includes denying a benefit that’s granted to others.
- (3) Transparency— The GUM must publish accurate and comprehensive details of its proceedings. Quorum may allow the press to observe the organisation’s proceedings, either by deciding general rules for admission or by admitting journalists individually. Unless there is a compelling reason for confidentiality, all delegates are entitled to view the GUM’s formal proceedings.
- (4) Duty to uphold rules of good conduct— The GUM should be a welcoming and safe place to be. To ensure this, the GUM must promote and uphold rules of good conduct in its official venues and anywhere else it does business. The GUM’s rules of good conduct are set out in chapter 4, article 2.
Article 4: Rights
- (1) Freedom of expression— In the GUM, everyone has the right to freedom of opinion and expression. This right may be restricted as is reasonably necessary to protect the safety, rights, and reputations of others, to prevent disorder or breaches of GUM or international law, to prevent the disclosure of information received in confidence, or to maintain the authority and impartiality of judicial proceedings.
- (2) Democratic procedure— A GUM member has the right to vote on Quorum motions, on membership and observership applications, and in elections. A member has the right to have their say on the GUM’s business and procedures. This right may be restricted as is reasonably necessary to ensure efficiency and expeditious decision making.
- (3) Fair trial— In the determination of their rights and obligations under GUM law, everyone is entitled to a fair and expeditious hearing by the Supreme Court, in accordance with widely accepted norms of procedural due process.
- (4) Retrospective liability— No one may be held liable under GUM law (judicially or otherwise) for any act or omission which wouldn’t have made them liable when it was done.
- (5) Self-incrimination— No one may be compelled to provide evidence against themselves in any proceeding under GUM law (judicial or otherwise).
Article 5: Safeguarding and macronational law
- (1) Meaning of ‘safeguarding’— In the Charter, ‘safeguarding’ means protecting the welfare of both children and adults.
- (2) Safeguarding officer; policies— Quorum may appoint a safeguarding officer. This officer is responsible for the GUM’s compliance with this article in respect of any safeguarding issue, and any other related matters assigned to them by Quorum. [The safeguarding officer is exempt from renomination under chapter 6, article 4(3).] The safeguarding officer must develop and publish a comprehensive safeguarding policy for the GUM. This policy must be in accordance with this article.
- (3) The appropriate authorities— Safeguarding and other matters of macronational law mustn't be dealt with in micronational institutions. The GUM and its officers aren’t responsible for investigating or ruling on any such matter — if there is a credible allegation that a crime has been committed or that anyone is at risk, this must be reported to the relevant macronational authorities promptly.
- (4) Duty to prioritise wellbeing— The GUM must prioritise wellbeing — especially the wellbeing of children and other vulnerable groups.
- (5) Conflict with micronational law— Sections 3 and 4 take precedence over any other micronational law or policy. For example, if the safeguarding officer believes that someone poses a safeguarding risk, the officer can remove that person from the GUM’s venues without following the standard barring or expulsion procedures.
- (6) Other senior GUM officers— The chair, vice-chair, and supreme justice may help with the GUM’s response to safeguarding issues, but only to the extent directed by the safeguarding officer. This section doesn’t affect proceedings under section 7.
- (7) Accountability and enforcement— Sections 3, 4, and 5 don’t stop anyone from being held accountable. Action may be taken against anyone who violates this article. For example, a chair who disregards this article may be subject to an ordinary civil claim, a vote of no confidence, or any other proceeding under GUM law. However, a proceeding under this section may consider only micronational questions; it must not consider the substance of any macronational allegation (e.g. an accusation that a macronational crime has been committed) nor any evidence asserted to prove such an allegation. The supreme justice may at any time halt a proceeding that violates or would violate this section. When determining the lawfulness of any proceeding under this section, the relevant officers (e.g. the supreme justice) must consult the safeguarding officer.
Part II: GUM law
Article 6: Sources of law
- (1) Binding law— The hierarchy of binding GUM law is as follows (from highest to lowest):
- (a) the Charter;
- (b) Supreme Court decisions on questions of constitutional law;
- (c) Quorum motions;
- (d) international treaties and conventions to which the GUM is a party;
- (e) other Supreme Court decisions.
- (2) Conflict of laws— If possible, laws must be interpreted such that they do not conflict, but if such an interpretation is not possible, the most recent law takes precedence.
- (3) Non-binding guidance— Before making a decision, the GUM and its members may use the following (amongst other things) as non-binding guidance:
- (a) Supreme Court advisory opinions;
- (b) official annotations to this Charter;
- (c) international treaties and conventions to which the GUM is not a party;
- (d) international custom;
- (e) general principles of law, as expressed in judicial decisions and the writings of legal experts.
Article 7: Charter amendments
- (1) Procedure— A member who wants to amend the Charter must have their proposal discussed by Quorum promptly. After Quorum’s discussion, the member is entitled to a vote on their amendment; the chair must specify the voting procedure. Either the chair or the supreme justice may veto an amendment at any time between Quorum’s first discussion and the vote’s end. A state which becomes a member after a vote begins is not entitled to vote. An amendment passes if it’s supported by two-thirds of the states which were members when the vote began. An amendment takes effect when the chair declares the vote has passed.
- (2) Entrenchment— An amendment must not create a provision in the Charter which cannot be amended or repealed in future.
Chapter 2: Membership
Part I: Principles; joining the GUM
Article 1: Key definitions
In the Charter (unless otherwise specified)—
- (a) ‘member’ means a full GUM member;
- (b) ‘delegate’ means a delegate of a full GUM member.
Article 2: Admitting members (preliminary)
- (1) Eligibility— An entity is eligible for membership if—
- (a) it’s an independent sovereign state with the power to join international organisations and
- (b) it can send at least one delegate to the GUM’s main Discord server.
- (2) Venue for admissions procedure— Any proceeding under articles 2 and 3 that is assigned to the membership as a whole rather than Quorum specifically may—
- (a) take place in a separate venue from Quorum sessions and
- (b) happen at any time, not only during Quorum sessions.
- (3) Confidentiality— No leader or senior government official from an applicant may view the discussions on their application, even if they are already a delegation member for a current member (unless they are the chair, the vice-chair, the supreme justice, the safeguarding officer, or a technical administrator). The chair may deny such a delegate voting rights on other applications if reasonably necessary for enforcing this rule.
- (4) Ratification and application— A state that wants to join the GUM must first ratify the Charter under that state’s law and then apply to the chair for membership. The chair is to determine the form of this application.
- (5) Early rejection— The chair or supreme justice must promptly reject an applicant if they are not eligible. The chair, supreme justice, or safeguarding officer must promptly reject an applicant if their membership would likely create a safeguarding risk. [The chair must promptly reject an applicant if they don’t meet a condition set by Quorum.] The chair may reject an applicant—
- (a) if the chair thinks it near-certain that the membership will not approve the application or
- (b) for any other reason determined by Quorum.
- The supreme justice may reject an applicant if they’ve previously been found in contempt of the Supreme Court. [An applicant may only be rejected under subsection (a) before voting begins; but may be rejected for any other reason even if voting has begun.]
- (6) Notification and overturn of rejections— The chair, supreme justice, and safeguarding officer must inform the membership of any applicant they reject. Quorum may overturn a rejection under section 5(a) or (b) by majority vote.
Article 3: Admitting members (voting)
- (1) Voting period— A vote under section 2, 5, or 6 lasts for seven days, unless Quorum decides otherwise.
- (2) First vote— The chair must present an application to the membership promptly (unless it was rejected). Members may then vote: support, oppose, offer observership, or abstain. An applicant becomes a provisional member or is offered observership by majority vote. Otherwise, the application is rejected.
- (3) Rights of provisional members— A provisional member may access all ordinary GUM venues, attend and speak at Quorum sessions, and propose motions, but they must not vote.
- (4) Attendance requirement— A provisional member must attend a certain number of Quorum sessions before they can become a full member. By default, this number is one, but Quorum may increase it.
- (5) Second vote— Fourteen days after a state becomes a provisional member or whenever that state meets the requirement under section 4, whichever comes later, the chair must present the application to the membership again. Again, members may then vote: promote to full membership, retain as a provisional member, offer observership, expel, or abstain. An applicant is promoted, offered observership, or expelled by majority vote. Otherwise, the applicant is retained as a provisional member.
- (6) Final vote (if applicable)— Fourteen days after retention as a provisional member, the chair must present the application to the membership a final time. Again, members may then vote: promote to full membership, offer observership, expel, or abstain. A provisional member is promoted or offered observership by majority vote. Otherwise, the provisional member is expelled.
- (7) Observership offer— An observership offer under this article is accepted by notice to the chair.
- (8) Total votes required— For an applicant to—
- (a) become a provisional member,
- (b) be promoted to full membership,
- (c) be offered observership, or
- (d) be expelled pursuant to the second vote,
- at least five votes in total must be cast.
Part II: Leaving the GUM
Article 4: Withdrawal
A state leaves the GUM by—
- (a) denouncing the Charter under that state’s law, and then
- (b) informing the chair.
Article 5: Disbandment of members; successor states
- (1) Disbandment— If a state disbands, it ceases to be a member.
- (2) Automatic resumption of membership— If a member disbands and its law names a successor state, that successor state may become a member. To do this, the successor state must inform the chair within fourteen days of its predecessor’s disbandment. At this point, it becomes a full member.
- (3) Informing the membership— Whenever sections 1 or 2 have effect, the chair must inform the membership as soon as possible.
- (4) Successionship claims— Within two months of a member’s disbandment, a state may apply to the chair for recognition as the member’s successor. The chair must present this application to a Quorum session promptly. If Quorum recognises the claim to succession, the state becomes a full member.
- (5) Multiple successor states— If a disbanded member has multiple successor states, those states are equally entitled to membership under sections 2 and 4.
Article 6: Ordinary expulsion procedure
- (1) General grounds for expulsion— The general grounds for expelling a member are that—
- (a) the state has egregiously or persistently violated the Charter or other international law,
- (b) the Supreme Court has found the state in contempt of court and has given permission for them to be expelled,
- (c) the state poses an immediate threat to the GUM’s stability,
- (d) the state’s actions are gravely incompatible with the GUM’s objectives or principles,
- (e) the state has had no delegates representing it for at least 14 days, due to suspension or barring under chapter 4, article 4 or any other reason, or
- (f) the state knowingly provided false information during the admission process.
- (2) Immediate expulsion— If the grounds for expulsion in section 1 are met, Quorum may expel a member immediately by two-thirds majority vote. However, if the reason for expulsion is that the member broke the law, Quorum must first consult the supreme justice or at least two associate justices.
- (3) Demotion to provisional status— If the grounds for expulsion in section 1 are met, a member may be demoted to provisional membership by—
- (a) a majority vote of Quorum or
- (b) the supreme justice.
- The member is then subject to article 3(4) to (8), as though they had just passed their first vote under article 3(2).
- (4) Expulsion of similar members— An action under this article (meaning expulsion or demotion to provisional membership) may be taken against a member (A) only if the same action is also taken against every other member (B) to which the conditions apply. The conditions are that—
- (a) B could be expelled or demoted on the same general ground that applies to A,
- (b) B shares with A the circumstances relevant to A’s expulsion, and
- (c) there is no other relevant circumstance separating B from A.
- In subsections (b) and (c), what counts as a relevant circumstance must be decided on a case-by-case basis, with due consideration given to the fundamental equality of states. The perceived influence or reputation of a member is never a relevant circumstance. A Quorum vote on expulsion or demotion must group A with every B, so that delegates vote only once on the combined cases.
- (5) [Expulsion due to ineligibility— Quorum (by simple majority vote) or the Supreme Court may expel a member if they are no longer eligible for membership.]
Article 7: Expulsion for inactivity
- (1) Six-session rule— If a member hasn’t attended the six most recent Quorum sessions, Quorum may expel them immediately by majority vote. If a member is close to having failed to attend the six most recent Quorum sessions, the chair should ordinarily warn them that they may be subject to expulsion under this section.
- (2) Application to the Supreme Court— If a member’s participation has been unsatisfactory (regardless of the six-session rule), Quorum may by majority vote file a complaint against that member with the Supreme Court, asking for an order expelling the member. The chair has an automatic right to intervene in these proceedings. In this section, ‘unsatisfactory participation’ means a persistent failure to engage with the GUM’s proceedings. For example, a member might only ever say ‘present’ in Quorum sessions or attend only enough sessions to avoid immediate expulsion. The Supreme Court may expel a member for inactivity only under this section. No one other than Quorum may ask the Supreme Court to expel a member for inactivity.
- (3) Exemption from expulsion— A member may apply to the chair for up to one year’s exemption from expulsion under this article if the member has a good reason. The chair must inform the other members of any new exemption and the reason for it (while maintaining any relevant individuals’ privacy). Quorum may overturn an exemption.
- (4) Expulsion of similar members— A member (A) may be expelled under this article only if every other member (B) to which the conditions apply is also expelled. The conditions are that—
- (a) B could be expelled under the same section that A is expelled under,
- (b) B shares with A the circumstances relevant to A’s expulsion, and
- (c) there is no other relevant circumstance separating B from A.
- In subsections (b) and (c), what counts as a relevant circumstance must be decided on a case-by-case basis, with due consideration given to the fundamental equality of states. The perceived influence or reputation of a member is never a relevant circumstance. A Quorum vote on expulsion must group A with every B, so that delegates vote only once on the combined cases.
Chapter 3: Observers
Article 1: Admission
General
- (1) Eligibility— An entity is eligible for observership if—
- (a) it’s—
- (i) an independent sovereign state with the power to join international organisations or
- (ii) an organisation and
- (b) it can send at least one delegate to the GUM’s main Discord server.
- (a) it’s—
- (2) Venue for admissions procedure— Any proceeding under this article may—
- (a) take place in a separate venue from Quorum sessions and
- (b) happen at any time, not only during Quorum sessions.
- (3) Confidentiality— No leader or senior government official from an applicant may view the discussions on their application, even if they are already a delegation member for a current member (unless they are the chair, the vice-chair, the supreme justice, the safeguarding officer, or a technical administrator).
Procedure
- (4) Application— A state or organisation that wants to become an observer must apply to the chair. The chair is to determine the form of this application. Observership applicants don’t have to ratify the Charter.
- (5) Early rejection— The chair or supreme justice must promptly reject an applicant if they are not eligible. The chair, supreme justice, or safeguarding officer must promptly reject an applicant if the state or organisation’s observership would likely create a risk to vulnerable groups. [The chair must promptly reject an applicant if they don’t meet a condition set by Quorum.] The chair may reject an applicant—
- (a) if the chair thinks it near-certain that the membership will not approve the application or
- (b) for any other reason determined by Quorum.
- The supreme justice may reject an applicant if they’ve previously been found in contempt of the Supreme Court. [An applicant may only be rejected under subsection (a) before voting begins; but may be rejected for any other reason even if voting has begun.]
- (6) Notification and overturn of rejections— The chair, supreme justice, and safeguarding officer must inform the membership of any applicant they reject. Quorum may overturn a rejection under section 5(a) or (b) by majority vote.
- (7) Vote— The chair must present an application to the membership promptly (unless it was rejected). Members may then vote: support, oppose, or abstain. The vote lasts for seven days, unless Quorum decides otherwise. An applicant becomes an observer by majority vote. Otherwise, the application is rejected.
- (8) Rights of observers— An observer may view all formal GUM proceedings and access any other venues that the chair specifies, but they are not entitled to the privileges of membership.
Article 2: Renewal
An observer must renew their observership every six months by notice to the chair. If an observer doesn’t give notice within two weeks, they are automatically expelled. The chair must notify the membership of all renewals and expulsions under this section.
Article 3: Withdrawal, expulsion, and successor states
- (1) Withdrawal— An observer leaves the GUM by notice to the chair.
- (2) Grounds for expulsion— The grounds for expelling an observer are that—
- (a) the observer has violated the Charter or other international law,
- (b) the Supreme Court has found the observer in contempt of court and given permission for them to be expelled,
- (c) the observer poses a threat to the GUM’s long-term stability,
- (d) the observer’s actions are incompatible with the GUM’s objectives,
- (e) the observer has had no delegates representing it for at least 14 days, due to suspension or barring under chapter 4, article 4 or any other reason, or
- (f) the observer knowingly provided false information during the admission process.
- (3) Expulsion procedure— If the grounds for expulsion in section 2 are met, an observer may be expelled by majority vote of Quorum or by the supreme justice. However, if the reason for expulsion is that the observer broke a law, Quorum must first consult the supreme justice or at least two associate justices.
- (4) Expulsion of similar observers— An observer (A) may be expelled under this article only if every other observer (B) to which the conditions apply is also expelled. The conditions are that—
- (a) B could be expelled under the same section that A is expelled under,
- (b) B shares with A the circumstances relevant to A’s expulsion, and
- (c) there is no other relevant circumstance separating B from A.
- In subsections (b) and (c), what counts as a relevant circumstance must be decided on a case-by-case basis, with due consideration given to the fundamental equality of states. The perceived influence or reputation of a state or organisation is never a relevant circumstance. A Quorum vote on expulsion must group A with every B, so that delegates vote only once on the combined cases.
- (5) Successor states— If an observer disbands and has a successor entity, that successor is not entitled to automatic observership.
- (6) [Expulsion due to ineligibility— Quorum (by simple majority vote) or the Supreme Court may expel an observer if they are no longer eligible for observership.]
Chapter 4: Delegations and conduct
Article 1: General provisions
- (1) Members’ delegations— Each member and provisional member must send between one and three delegates to the GUM. Each observer must send one delegate. Delegates must be citizens of the member or observer they represent (except for organisation observers) and only represent one member or observer at a time.
- (2) Office holding— An individual must be a member’s delegate to hold a GUM office.
- (3) Transfer— A delegate may transfer to another member’s, provisional member’s, or observer’s delegation at any time. Transferring between members doesn’t affect any GUM offices the delegate holds, but a delegate can’t continue to hold an office if they transfer to a provisional member’s or observer’s delegation.
- (4) Staff— Members may appoint additional staff to their delegations. [A delegation staff member may observe any venue which is open to at least one of their member’s delegates. The chair must specify which venues delegation staff may speak or send messages in. Delegation staff must never represent any member in Quorum.] [Quorum may impose a cap on the number of additional staff that may be appointed to any one delegation.]
Article 2: Rules of conduct
General
- (1) Application— The following rules apply to all conduct—
- (a) in GUM venues,
- (b) when involved in GUM affairs (which includes reporting on the GUM as a journalist), or
- (c) when representing the GUM.
- They apply regardless of whether someone is acting in a personal capacity or an official capacity.
- (2) Quorum’s power to make rules of conduct— Quorum may add detail to these rules and introduce new rules.
Macronational law
- (3) Macronational law; terms of service— Everyone must comply with all macronational laws that apply to them and, when using Discord, the Discord terms of service.
- (4) Duty to report— Anyone who becomes aware of a safeguarding risk or a possible non-trivial breach of macronational law must report it to either the chair, vice-chair, supreme justice, or safeguarding officer, unless there is a compelling reason not to (for example, if the person has already notified macronational authorities, or if making a report would increase risk).
Individual rights
- (5) Endangerment— No one may endanger or threaten to endanger someone else’s health, safety, or wellbeing.
- (6) Privacy— Everyone must respect the privacy of others. Amongst other things, this means—
- (a) using someone’s preferred name, pronouns, and form of address;
- (b) respecting that someone’s name and identity in micronational affairs may differ from their macronational legal identity, and not releasing details of their macronational legal identity without their permission;
- (c) not recording or publishing someone’s image or voice without their permission, regardless of the publication media.
- (7) Harassment— No one may harass others. Harassment includes but is not limited to—
- (a) conduct which has the effect of creating an intimidating, hostile, degrading, humiliating, or offensive environment for another person or a group of people;
- (b) an attempt to—
- (i) pressurise or intimidate someone into not exercising their rights, or
- (ii) subject someone to a detriment for exercising their rights (especially including their right to vote).
- (8) Discrimination— No one may discriminate against others, either directly or indirectly, based on any of the following personal characteristics: age; disability; gender; gender reassignment; nationality; race; religion or belief; sex; or sexual orientation. However, someone doesn’t discriminate against another person if—
- (a) they make a personnel action (including but not limited to an appointment, a dismissal, a promotion, or a demotion) on the basis of a personal characteristic and
- (b) that characteristic is a bona fide occupational qualification necessary for the fulfilment of a role’s responsibilities.
- (9) Intellectual property— Everyone must respect the intellectual property of others.
GUM proceedings
- (10) Decorum; disorder— Everyone must maintain high standards of decorum in formal venues (including but not limited to the Quorum chamber and the Supreme Court courtroom). No one may unreasonably disturb or disrupt any GUM venue.
- (11) Damage to online services— No one may damage or vandalise the GUM’s online services (e.g. the main Discord server).
- (12) Dishonesty— No one may engage in bribery, corruption, forgery, fraud, extortion, entrapment, or other similar dishonest behaviour. No one may knowingly give false information with the intent of misleading a GUM authority (including but not limited to Quorum, the Executive, or the Supreme Court).
- (13) Confidentiality— No one may share—
- (a) any information likely to associate a delegate or delegation with anything they said in Quorum sessions or membership or observership vote discussions or
- (b) details of any other delegation’s vote in any GUM proceeding (including elections) with someone not entitled to view them, unless with the consent of the applicable person or national government. Quorum may generally exempt official reports published by the GUM from this rule, but any delegate or delegation is still entitled to anonymity if they request.
- Unless article 3 applies, delegates and delegation staff members must keep any information confidential if requested by the chair, vice-chair, supreme justice, or safeguarding officer, or if ordered by Quorum or the Supreme Court.
Article 3: Whistleblowing
- (1) Qualifying disclosures— A ‘qualifying disclosure’ means any disclosure of information which, in the reasonable belief of the person making the disclosure, tends to show one or more of the following has happened, is happening, or is likely to happen:
- (a) a breach of the rules of conduct;
- (b) a safeguarding failure;
- (c) an infringement of any party’s rights under the Charter;
- (d) a failure to comply with a legal obligation under GUM law;
- (e) misconduct in GUM office;
- (f) any other matter which puts anyone at grave risk;
- (g) deliberate concealment of any matter falling within the above subsections.
- (2) Protected disclosures— A protected disclosure is a qualifying disclosure made by anyone who acts in good faith, believing the information to be true.
- (3) Court confidentiality orders— A qualifying disclosure is not a protected disclosure if—
- (a) it’s made under section 1(c) or (d) (or section 1(g) in relation to these subsections) and
- (b) it’s contrary to a Supreme Court confidentiality order.
- (4) Right not to suffer detriment— Someone who makes a protected disclosure must not be subjected to detriment (including but not limited to court-ordered penalties or disciplinary action).
- (5) Duties of confidentiality— Any law, order, or contractual provision is void to the extent that it purports to prevent someone from making a protected disclosure.
Article 4: Discipline and barring
- (1) Application— This article applies to—
- (a) any disciplinary action against delegation members (meaning full, provisional, and observer delegates, and delegation staff members), including the GUM’s officers;
- (b) barring other individuals (for example, proposed delegates or members of the press) from accessing GUM venues and events.
- Disciplinary action means either a censure, a suspension, or a bar.
- (2) Censure— A censure is a strong formal condemnation of a delegation member without legal force.
- (3) Suspension— A suspended delegation member may not participate in any GUM venue or event for their suspension’s duration. [If there is a compelling reason, the body or officer suspending a delegation member may also prohibit that member from observing any GUM venue or event for their suspension’s duration.]
- (4) Barring— A barred individual is excluded from GUM venues and events either permanently (unless their bar is lifted) or for a fixed period. A GUM officer may not be barred.
- (5) Ordinary disciplinary power— If a delegation member—
- (a) breaks the rules of conduct,
- (b) acts outside the GUM in a way that reasonably suggests they’d likely break the rules of conduct in future, or
- (c) prejudices the GUM’s integrity [or stability],
- they may be—
- (d) suspended, by Quorum, the chair, the vice-chair, or the supreme justice;
- (e) censured or barred, by Quorum or the chair only.
- A body or officer who takes disciplinary action under this section may reverse that same action at their discretion. Quorum may reverse any disciplinary action taken under this section.
- (6) [Discipline for breaking GUM law; contempt of court— If—
- (a) the supreme justice finds that someone has broken GUM law or
- (b) the Supreme Court finds that someone has broken GUM law or is in contempt of court,
- they may censure, suspend, or bar them. The supreme justice and the Court may reverse any disciplinary action they take.]
- (7) Quorum’s power to decide— Unless it’s extended, a suspension under section 5 [or 6] lasts until the next Quorum session. At that session, Quorum may vote to lift a suspension, bar the delegation member (unless they are a GUM officer), or apply to the Supreme Court for an extension. If Quorum takes no action, the suspension is automatically lifted. If a suspension is lifted, no one can re-suspend the delegation member for the same reason unless information is available that wasn’t available when the suspension was imposed.
- (8) Supreme Court extension— The supreme justice may extend a suspension under section 5 by up to one month at a time, and for up to six months in total. If anyone (including but not limited to Quorum, any officer, or any other delegation member) wants a suspension to be extended, they must apply to the Supreme Court: by complaint for the first extension, and by motion for any further extension. There must be a compelling reason for any extension. A delegation member remains suspended while proceedings under this section are ongoing, but must be allowed to access the Court’s venues to represent themselves (unless ejected by the Court for causing disruption).
- (9) [Breaking electoral law— If someone breaks any law or other rule relating to the conduct of a GUM executive election, the election administrator may censure them.]
- (10) Barring of others— If anyone who is not a delegation member—
- (a) breaks the rules of conduct,
- (b) acts outside the GUM in a way that reasonably suggests they’d likely break the rules of conduct in future (even if they’d need to enter a GUM venue to be able to do so) or
- (c) prejudices the GUM’s integrity [or stability],
- Quorum or the chair may bar them. Quorum may lift any bar imposed under this section; the chair may lift any bar under this section that they imposed themselves.
- (11) Judicial review— Any disciplinary action may be challenged by judicial review.
- (12) Disruptive behaviour— If no one is available to take disciplinary action, any technical administrator of an online GUM venue may remove a disruptive individual from the venue until a decision on disciplinary action can be made.
Chapter 5: Quorum
Article 1: General provisions
- (1) Responsibilities— Quorum is the GUM’s legislative branch, representing all members. As such, it’s supreme. It has ultimate responsibility for the GUM’s leadership and can make any law within the Charter’s limits. Particularly, Quorum is responsible for—
- (a) directing how the GUM should meet its aims;
- (b) approving and overseeing significant projects;
- (c) reviewing and upholding the GUM’s integrity;
- (d) overseeing the other branches;
- (e) monitoring its members’ security and encouraging peaceful conflict resolution.
- (2) Decision making— Except when otherwise specified in the Charter, Quorum makes decisions by majority vote. Unless the Charter says otherwise, this means a majority of those who vote, not a majority of all members.
- (3) Committees and commissions— Quorum may create committees and commissions to answer specific questions or complete specific work.
- (4) International agreements— Quorum may ratify treaties and other international agreements on behalf of the GUM.
Article 2: Sessions
- (1) Chair— [Quorum may be chaired by—
- (a) the chair (in this article, ‘the GUM chair’),
- (b) the vice-chair,
- (c) any delegate who holds an office that Quorum has designated as one that confers the right to chair Quorum, or
- (d) any other delegate who has been nominated by the GUM chair and confirmed by Quorum.]
- (2) Procedure— [Quorum’s procedure is determined by the GUM chair and any delegation who chairs a session.]
- (3) Date, time, and agenda— The date, time, and agenda for a Quorum session are as the GUM chair directs. In scheduling sessions, the GUM chair must consider the different time zones that delegates live in. In determining the agenda, the GUM chair must consider any item proposed by a delegate. If two or more members request a particular discussion or vote, the GUM chair must ensure that that discussion or vote takes place promptly.
- (4) Sessions by petition; emergency sessions— If 30% of all members ask for a session, the GUM chair must schedule one within seven days at a time that is convenient to as many of the petitioners as possible. The GUM chair may schedule a session at any time to respond to an emergency.
- (5) Notice— The GUM chair must provide 48 hours’ notice of all ordinary sessions and sessions by petition.
- (6) Attendance— [In a session, a member or provisional member may be represented by—
- (a) if one or more of the member’s delegates is the GUM chair, vice-chair, supreme justice, or safeguarding officer—
- (i) one of those officers,
- (ii) one of those officers and one other delegate not holding an office listed above,
- (iv) two or three of those officers, or
- (v) otherwise, one delegate only;
- (b) otherwise, one delegate only.
- (a) if one or more of the member’s delegates is the GUM chair, vice-chair, supreme justice, or safeguarding officer—
- A delegate may only represent a member that they are a delegate for. If necessary for Quorum’s business, the session’s chair may bypass the rule above and allow a member to be represented by as many of its delegates as is required.]
- (7) Minimum number of delegates— Five delegates must be present for Quorum to do business.
Article 3: Voting and legislation
- (1) One vote per member— Each member has one vote; delegates don’t have individual votes. A member that joins after a vote starts doesn’t get to vote on that motion.
- (2) Voting period; proxy votes— Quorum is to determine the voting period’s length, and may also create a system for proxy voting.
- (3) Statutory Code— There must be a public GUM statutory code, maintained by either the Supreme Court registrar or another individual appointed by Quorum. The Code must contain all permanent general legislation made by Quorum. The Code must be organised so that legislation is easy to find and cite.
Article 4: Legal proceedings
- (1) Quorum’s counsel— Whenever Quorum is a party in a court proceeding, it must appoint one or more delegates to serve as its counsel. These delegates may be assisted by non-delegates with particular legal experience.
- (2) Subpoenas— Whenever Quorum needs specific information to meet its responsibilities, it may file a complaint with the Supreme Court requesting the issuance of a subpoena.
- (3) Quorum and court orders— A court order cannot require any delegate or delegation to vote or to vote a certain way, but it can require the chair to hold a vote on a certain matter.
Chapter 6: The Executive
Article 1: General provisions
- (1) Responsibilities— The Executive consists of the chair, the vice-chair, the secretaries, and any other executive staff. The Executive is responsible for—
- (a) promoting the GUM’s values and principles;
- (b) executing Quorum’s policies;
- (c) managing projects day-to-day;
- (d) representing the GUM externally;
- (e) promoting GUM membership to non-members;
- (f) providing accurate information to Quorum to help it meet its responsibilities;
- (g) receiving and responding to complaints;
- (h) assisting in peaceful conflict resolution.
- (2) The chair and vice-chair— The chair is the head of the Executive and the chair of Quorum; but they are primus inter pares with the other delegates. The vice-chair is their deputy.
- (3) Projects— The Executive may start any project without Quorum’s approval, but the responsible officer must still report the project’s start to Quorum.
Article 2: Executive elections
- (1) Administration— Every executive election is ordinarily administered by the supreme justice. If the supreme justice is a candidate, [the most senior associate justice who is not a candidate must administer the election instead.] [If the supreme justice and every associate justice are candidates, then the chair must nominate another delegate who is not a candidate as election administrator. The delegate becomes the administrator if they are confirmed by Quorum.]
- (2) Term dates— There are two executive terms per year: the first term is from 1 January to 30 June, and the second term is from 1 July to 31 December. Before each term starts, there must be an executive election. Any special executive election between these dates (e.g. because of a casual vacancy of the chair’s office) does not affect the start and end of the ordinary terms; the specially-elected chair and vice-chair serve only until the start of the next ordinary term.
- (3) Joint ticket; eligibility— The chair and vice-chair are elected on a joint ticket. Any delegate may run for either office.
- (4) Term limits; concurrent offices— A delegate must not serve as chair for more than two consecutive terms, nor as vice-chair for more than two consecutive terms. While they are in office, the chair and vice-chair must not serve in any other GUM office.
- (5) Campaign ban— [A delegate may announce their candidacy for chair or vice-chair at any time, but no one may campaign for or endorse any candidate until three weeks before the election begins.]
- (6) Voting period— Every election must be open for voting for seven days, unless it is a repeat election and Quorum approves a shorter voting period by two-thirds majority vote.
- (7) Voting— Each member may cast one vote in the election. A member casts a valid vote by indicating an order of preference for the joint tickets (‘ranking’); or by specifying that they do not want to vote for any of the tickets. A ranking may list all the tickets, a selection of the tickets, or only one ticket. [A member may announce its own vote at any time. However, each vote must be cast privately, so that only the election administrator can see them. When casting their vote, a member must specify whether their vote is secret or public. When declaring the election’s winner, the election administrator must publish all votes specified as ‘public’; but the administrator must not publish any votes before then.]
- (8) Minimum turnout— Quorum may require that a certain percentage of members must vote in an election for the election to be valid.
- (9) Counting votes— A ticket is credited with all first preference votes for them and any votes transferred to them. If, at any stage of the count, a ticket is credited with a simple majority of votes, that ticket wins the election. If, after all the votes are credited to their first preference ticket, no ticket has won the election, then the ticket with the lowest number of credited votes is excluded from the election, and the votes for that ticket are transferred to the other tickets according to those votes’ next available preference. This process is repeated until a ticket wins the election. [If two or more tickets are credited with the same number of votes and that number is the lowest number of votes credited to any ticket, then only the ticket with the lowest number of the next lowest preference votes out of the tied tickets is excluded. If a tie remains, then the next lowest preference votes are counted instead, and so on.]
- (10) Ties— If two or more tickets are credited with the same number of votes and the application of section 9 would cause both of those tickets to win the election, the election administrator is to decide between them by lot.
- (11) No winner— If—
- (a) a minimum turnout requirement set by Quorum under section 8 is not met, or
- (b) a majority of members specify that they do not want to vote for any of the tickets,
- then the election must be repeated as soon as possible. The previous candidates may renominate themselves, and any other qualified delegate may also run. The previous chair will remain in office until the new chair is elected.
- (12) Review— After an election concludes, the Supreme Court must review the election’s conduct and report any deficiencies to Quorum.
Article 3: Casual vacancies; incapacitation (chair and vice-chair)
- (1) Casual vacancy of the chair’s office— If the chair’s office becomes vacant in the first three months of their term, a new chair and vice-chair must be elected as soon as possible to serve the remainder of the term. The incumbent vice-chair serves as acting chair until the new chair and vice-chair are elected. If the chair’s office becomes vacant in the second three months, the vice-chair serves as acting chair for the remainder of the term.
- (2) Casual vacancy of the vice-chair’s office— [If the vice-chair’s office becomes vacant during their term (including because the vice-chair has become acting chair), the chair must nominate another delegate to serve.] This nominee takes office if confirmed by Quorum.
- (3) Temporary incapacitation of the chair— If the chair is temporarily incapacitated (including if they are suspended), the vice-chair may serve as acting chair until the chair is no longer incapacitated. For the vice-chair to take office as acting chair, the supreme justice must confirm that the acting chairship is lawful. If the supreme justice is unavailable, a majority of the associate justices may confirm it instead. The acting chair must then hold a Quorum session within 72 hours, where Quorum must either confirm or revoke the acting chairship. No provision is made for the temporary incapacitation of the vice-chair.
- (4) Long-term incapacitation— If the chair or vice-chair is incapacitated for two months or more, they are automatically removed from office.
- (5) Vacancy or incapacitation of both chair and vice-chair— If there’s neither a chair or vice-chair in office, both the chair and vice-chair are incapacitated, or one of the two is incapacitated while no-one is in the other office, then the supreme justice (or acting supreme justice, if applicable) is to serve as acting chair. If the supreme justice is incapacitated and no acting supreme justice has been confirmed, the most senior associate justice is to serve as acting chair instead. [If the supreme justice takes office as acting chair, they must appoint an acting supreme justice within 48 hours.] If this section comes into effect less than one month before the next executive election, the acting chair is to serve until the start of the next term. Otherwise, they must immediately organise a new executive election. [If the vice-chair’s office is vacant, the acting chair may nominate a delegate under section 2.] A Supreme Court justice who serves as acting chair is to be considered incapacitated for the purposes of chapter 7, article 7.
Article 4: Secretaries and other staff
- (1) Offices— Quorum may create and abolish secretariats. Quorum must define (and may redefine) the remit of each secretary. Quorum may also create single offices for other staff (such as an archivist’s or technical administrator’s office) without creating an entire secretariat. In this article (except section 6), ‘staff member’ means either a secretary or other staff member appointed under this section.
- (2) Appointment— The chair may nominate any delegate to serve as a staff member. The nominee takes office if they are confirmed by Quorum. Any delegate may be appointed as a staff member, and may hold more than one such office. The chair may leave any such office vacant unless Quorum orders otherwise.
- (3) Terms— Promptly after the chair’s term starts, the chair must renominate any incumbent staff member that they want to have remain in office. The staff member only continues if they are reconfirmed by Quorum. There’s no limit to how long a staff member may serve. By explicit provision only, Quorum may exempt any non-secretarial office from renomination under this section, such that the office’s holder remains in office until they resign or are dismissed.
- (4) Dismissal— The chair may dismiss a staff member at any time if they have the vice-chair’s consent. Any dismissal must be reported to Quorum as soon as possible. Quorum may reverse any dismissal [within 21 days.]
- (5) Incapacitation— If a staff member is temporarily incapacitated (including if they are suspended), either the chair or vice-chair may serve as an acting officer until the staff member is no longer incapacitated. If a staff member has been incapacitated for fourteen days, Quorum may dismiss them.
- (6) Additional staff— A secretary or other staff member under section 1 may appoint additional staff to their secretariat or other office for specific and temporary projects. A secretary or other staff member under section 1 may appoint permanent staff to their secretariat or office with the chair’s approval. [Staff appointed under this section are exempt from renomination under section 3.]
Chapter 7: The Supreme Court
Part I: Principles
Article 1: General provisions; jurisdiction
- (1) Responsibilities— The Supreme Court is the GUM’s judicial branch, responsible for—
- (a) deciding questions of fact and law;
- (b) making orders that uphold GUM law [and any other law that Quorum places under the Court’s jurisdiction];
- (c) advising the GUM, its bodies, and its members on any legal or procedural matter;
- (d) investigating possible violations of law.
- Quorum may also assign the Court additional judicial or legal responsibilities.
- (2) The Justices; seniority— The supreme justice is head of the Supreme Court. There are also a number of associate justices. In determining the associate justice’s seniority, an associate justice is ranked first by the total number of [complete] terms they’ve served on the Court (both as an associate justice and as supreme justice, and both consecutive and non-consecutive), with the longest-serving justice ranked first, and then by their age, with the eldest justice ranked first.
- (3) Jurisdiction— The Court has jurisdiction over all actions arising under GUM law and any other actions that Quorum specifies, such as actions under international or domestic law.
- (4) Judicial review— Unless the Charter provides otherwise, any law, decision, act, order, or veto by a GUM officer or body (including the supreme justice and the Court) may be challenged by civil procedure. The Court may exercise its judicial review powers only to remedy unlawfulness; for example, a decision can’t be quashed just because the Court disagrees with it.
- (5) Non-binding mediation— The Court may conduct non-binding mediation with the various parties’ consent.
- (6) Precedent— Previous Supreme Court decisions form guiding precedent, but don’t bind the Court’s future decisions.
- (7) Sovereign immunity— No one has sovereign immunity from an action under GUM law.
- (8) Quorum’s power to overrule the Court— Quorum may not overrule the Court’s findings nor may it overrule a court order. Quorum may overrule the Court only by passing a motion that changes the law that was applied in an action (thereby giving the parties grounds to challenge a court order).
Article 2: Powers (generally)
- (1) Orders— The Court may make any order reasonably necessary for meeting its responsibilities. The Court’s orders are binding—
- (a) in cases of GUM law, on all parties;
- (b) in any case, on any other party who consents to the Court’s jurisdiction at the start of the proceedings.
- In this section, ‘GUM party’ means any of the following: the GUM, any agency or officer of the GUM, a GUM member, or a GUM delegation member.
- (2) No orders without proceedings— The Court may make an order only pursuant to a petition between one or more parties, and the order binds only those parties. But this section doesn’t prevent the supreme justice from exercising their unilateral powers.
- (3) Power to recommend expulsion— In addition to the Court’s power to demote a member to provisional status under chapter 2(6)(3), the Court may formally recommend that Quorum expels a member under chapter 2(6)(2).
- (4) Unilateral powers— Any power of the supreme justice may be exercised by them unilaterally or pursuant to a petition. Any power of the supreme justice other than their Quorum motion and charter amendment vetoes may be exercised by any justice pursuant to a petition.
Article 3: Principles of justice
- (1) Overriding objective— The overriding objective of court proceedings is to deal with matters justly. Dealing with a matter justly includes but is not limited to—
- (a) establishing the truth;
- (b) making orders that consider the circumstances and severity of the conduct in question and the parties’ circumstances;
- (c) dealing with all parties fairly;
- (d) recognising the rights of the defendant;
- (e) dealing with the proceedings efficiently and expeditiously.
- In a proceeding, an act or decision is unlawful if it contravenes the overriding objective.
- (2) Independence, impartiality, and expediency— The Court (and supreme justice individually) must be independent of Quorum and the Executive, and must exercise their responsibilities impartially and expeditiously.
- (3) Hearings— The Court must hold at least one hearing for an action if a party requests.
- (4) Giving reasons— The Court and supreme justice (when exercising their unilateral powers) must give reasons for all their decisions.
- (5) Public access; court records— Unless there is a confidentiality order—
- (a) the court’s proceedings must be open to all delegates (including provisional and observer),
- (b) any court record (including all documents and transcripts) may be accessed by any delegate (including provisional and observer), and
- (c) every court judgement and investigation report must be published.
- Judicial deliberations are not subject to this section.
Article 4: Lawyers
- (1) Representation— Everyone has the right to skilled legal representation before the Court. If a party wants but cannot find such representation, the registrar must help them find someone suitable. A party may also represent themselves.
- (2) Duties of lawyers— Lawyers before the Court must—
- (a) loyally respect the interests of their clients,
- (b) seek to uphold human rights and fundamental freedoms, and
- (c) act in accordance with the law and the recognised standards and ethics of the legal profession.
- (3) Guarantees for the functioning of lawyers— The GUM (and especially the Court) must ensure that lawyers are able to meet their duties without intimidation, hindrance, harassment or improper interference. Lawyers must not be identified with their clients or their clients' causes as a result of meeting their duties.
Part II: Justices; the registrar
Article 5: Supreme justice’s election; casual vacancies
- (1) Timing; eligibility— The supreme justice is elected by Quorum every six months, immediately after the chair’s ordinary term starts. Unlike the chair’s election, this election begins in an ordinary Quorum session. Any delegate may run, but must be nominated by another delegate who represents a different member. The supreme justice may serve as Supreme Court registrar, but otherwise must not hold any other GUM office concurrently. A delegate must not serve as supreme justice for more than four consecutive terms.
- (2) Campaign ban— No one may declare a candidacy or nomination for supreme justice before Quorum’s session to elect the supreme justice begins.
- (3) Rounds— If there’s more than two candidates, the election takes place in rounds. In the first round, every candidate stands. For the second and any subsequent round, all but the candidates with the two highest numbers of votes are eliminated.
- (4) Voting— Each member may cast one vote per round. A member casts a valid vote by choosing one candidate.
- (5) Winner— The winner is the candidate with the highest number of votes in a round in which only two candidates stood. If there is a tie in the final round, the chair is to choose the winner by lot.
- (6) Casual vacancy of the supreme justice’s office— If the supreme justice’s office becomes vacant in the first three months of their term, a new supreme justice must be elected as soon as possible to serve the remainder of the term (i.e. until the next executive election). The most senior associate justice serves as acting supreme justice until the new supreme justice is elected. If the supreme justice’s office becomes vacant in the second three months, the chair must nominate an associate justice as acting supreme justice to serve the remainder of the term. The nominee takes office if confirmed by Quorum. The acting supreme justice must nominate a replacement associate justice under the ordinary procedure. If Quorum won’t confirm any associate justice, a new supreme justice election must be held. The most senior associate justice serves as acting supreme justice until the proceedings under this paragraph have concluded.
Article 6: Appointing associate justices
- (1) Number appointed— By default, there are two associate justices, but Quorum may increase this by motion.
- (2) Timing; eligibility— A vacant associate justice’s office must be filled as soon as possible. All associate justices’ offices are automatically vacated immediately after an election for supreme justice. Any delegate may be appointed as associate justice. An associate justice must not serve concurrently as chair or vice-chair.
- (3) Consecutive term limit— Associate justices are not subject to any consecutive term limit.
- (4) Appointment— The supreme justice must nominate delegates for appointment as associate justice. A delegate takes office if they are confirmed by Quorum. The supreme justice must make a reasonable effort to nominate enough delegates to fill every associate justice’s office.
- (5) Casual vacancy of an associate justice’s office— If an associate justice’s office becomes vacant during their term, the supreme justice must nominate a replacement under the ordinary procedure as soon as possible.
Article 7: Incapacitation
- (1) Temporary incapacitation of an associate justice— If an associate justice is temporarily incapacitated (including if they are suspended), the supreme justice must appoint a delegate to serve as acting associate justice until the associate justice is no longer incapacitated. The supreme justice’s appointment must be approved by the chair.
- (2) Temporary incapacitation of the supreme justice— If the supreme justice is incapacitated (including if they are suspended), the chair must appoint an associate justice as acting supreme justice, and then may appoint an acting associate justice. Both are to serve until the supreme justice is no longer incapacitated. For both appointments, the chair’s appointment must be approved by—
- (a) if possible, the supreme justice [(unless the supreme justice is serving as acting chair)],
- (b) [if the supreme justice is unavailable or serving as acting chair], the vice-chair, [or
- (c) if the supreme justice is unavailable or serving as acting chair, and there is no vice-chair in office or the vice-chair is unavailable, Quorum.]
- (3) Long-term incapacitation— If a justice is incapacitated for three months or more, they are automatically removed from office.
Article 8: Assigning justices; conflicts of interest
- (1) [Meaning of ‘action’– In the Charter, in a judicial context, ‘action’ includes an advisory opinion proceeding or an investigation.]
- (2) Assigning justices— The supreme justice must assign every action to one, two, or a greater odd number of justices. An appeal must be heard by two justices or a greater odd number. If the supreme justice cannot hear an action because of a conflict of interest, it must be heard by an odd number of justices. Ordinarily, the supreme justice should assign every new action to themselves alone. An action may be re-assigned at any time.
- (3) Conflicts of interest— A justice must not hear any action in which they’d have a conflict of interest. A justice who hears an original action has a conflict of interest in any appeal. A justice has a conflict of interest if they are a party or if they are a party’s counsel. However, a justice who—
- (a) answered a reference on any matter that also arises in the action or
- (b) managed or conducted an investigation into any occurrence or omission that also arises in the action
- doesn’t have a conflict of interest just because of doing so. An associate or special justice is responsible for declaring any conflict of interest to the supreme justice, but a party may also move to replace a justice due to a conflict of interest. The supreme justice must resolve any disagreement as to whether there is a conflict of interest. For an appeal, a justice may sit regardless of a conflict of interest if—
- (a) at least two other justices will also hear the action,
- (b) the justice is not a party,
- (c) the conflict of interest—
- (i) arises only because the justice heard the original action or
- (ii) is otherwise minor, and
- (d) none of the parties object.
- [If they have a conflict of interest, the supreme justice must not veto a Quorum motion, unless an advisory opinion given or investigation conducted by justices other than themselves concludes that a motion should be vetoed.] If a conflict of interest becomes apparent after the action has been assigned, and that conflict either prevents a justice from hearing the action or means that an odd number of justices should have been assigned to the action, the supreme justice must reassign the action.
- (4) Special justices— If there aren’t enough justices without conflicts of interest to hear a particular action, the supreme justice may nominate as many delegates as necessary to serve as special justices. A special justice takes office if they are confirmed by Quorum. A special justice may only hear the action they were nominated to hear. The chair and vice-chair may not serve as special justices.
- (5) Urgent actions when the supreme justice is unavailable— If the supreme justice is unavailable and an action must be heard urgently, then the most senior available associate justice may hear or assign the action as though they were supreme justice. If the supreme justice or a more senior associate justice becomes available before the action is decided, that more senior justice may re-assign it, including to themselves. If—
- (a) an action is decided by one or more justices who weren’t assigned by the supreme justice and
- (b) the supreme justice decides later that the action didn’t need to be heard urgently
- then the supreme justice may overturn their judgement and order that the action is re-heard.
Article 9: The registrar
- (1) Registrar— The supreme justice may appoint a registrar. Any delegate (including a justice, the chair, or the vice-chair) may serve as registrar. If a delegate is already serving as registrar at the start of the supreme justice’s term, that delegate automatically continues to serve. The supreme justice may dismiss or replace the registrar at any time.
- (2) Access— Unless otherwise ordered by the supreme justice, the registrar must have full access to all court proceedings, including the justices’ chambers and private hearings.
- (3) Responsibilities— If appointed, the registrar is responsible for the Court’s administration and other legal administrative tasks across the organisation. This may include (but is not limited to): keeping court records, communicating with parties between hearings, drafting judgements on behalf of the justices, maintaining the Charter and Statutory Code, and assisting the justices in providing legal advice.
Part III: Procedure
Article 10: General provisions
- (1) Power to decide procedure— The Court may decide its own procedure in accordance with widely-accepted norms, except for when there’s already written law.
- (2) Dismissing actions and investigations— The Court may dismiss an action or investigation unilaterally if—
- (a) the court clearly has no jurisdiction over the action or investigation;
- (b) if a civil or criminal proceeding, the claimant or prosecutor clearly has no standing to bring the action;
- (c) if a civil proceeding, the action fails to state an arguable claim;
- (d) if a criminal proceeding, the action fails to state an arguable criminal charge;
- (e) the action or investigation is frivolous or vexatious.
- (3) Communication with the Court— Every communication between the parties and the Court (including the registrar) must be viewable by all delegates (including provisional and observer) unless—
- (a) a confidentiality order applies or
- (b) the communication concerns administrative matters only.
- (4) Deliberations— The Court’s deliberations must take place in private and remain secret. The registrar may participate in these deliberations. The chair and vice-chair may view these deliberations, but they must not contribute unless the Court asks.
- (5) Breaking ties— If an action is heard by an even number of justices and, after deliberating, the justices are tied, the supreme justice has the casting vote, regardless of whether they assigned themselves to the action.
- (6) Confidentiality— If it’s in the interests of justice to do so, the Court may make any order (‘confidentiality order’) to prevent public or delegation access to the Court’s proceedings, prevent disclosure of any detail of proceedings before the court, or to keep a court document (or details of such) private. ‘Details of proceedings’ include but are not limited to—
- (a) the identities or details of the parties;
- (b) the nature of the evidence used in the proceedings;
- (c) what is said during any hearing;
- (d) the nature of any judgement or investigation report.
- An order under this section must not restrict anyone’s access to a proceeding they are a party to.
- (7) Amicus curiae— The Court must consider all amicus curiae briefs submitted by members or delegates; it may optionally consider briefs from any other party.
- (8) Ex parte proceedings— The Court may hold proceedings ex parte if doing so is in accordance with the overriding objective.
- (9) Criminal proceedings— Any criminal proceeding will necessarily take place under non-GUM law as well as this Charter, so the Court must decide the applicable procedure on a case-by-case basis.
Article 11: Contempt of court
- (1) Prohibited conduct— A person, state, or organisation that—
- (a) breaches a binding order;
- (b) obstructs or attempts to obstruct the execution of a binding order;
- (c) obstructs or disrupts the Court’s proceedings;
- (d) disrespects the dignity of the court;
- (e) wilfully asserts as to a matter of fact, opinion, belief, or knowledge before the Court or in a deposition, knowing the assertion to be false;
- (f) withholds, hides, alters, fabricates, or destroys evidence relevant to an ongoing proceeding;
- (g) publishes a statement that creates a real risk that justice may be prejudiced;
- (h) breaches an undertaking to the Court;
- is in contempt of court.
- (2) Judgement; hearing— Criminal procedure isn’t used for contempt of court findings. The Court may find a party in contempt of court unilaterally and at any time.
- (3) Hearing— If the party requests, they are entitled to contest a contempt of court finding at a hearing. After this hearing, the party may challenge the Court’s finding by starting a new civil proceeding (rather than by appeal under article 15).
Article 12: Civil claims; standing
- (1) Claims— A civil claim is made by laying a petition before the Court; the first petition in a civil proceeding is called a complaint. A petition making a claim must contain—
- (a) a statement of the grounds for the court’s jurisdiction, unless the court already has jurisdiction;
- (b) a statement of the claim showing that the claimant is entitled to relief;
- (c) a demand for the relief sought.
- (2) Standing— A claimant is entitled to have their claim considered if—
- (a) concrete and particularised injury has been or will imminently be suffered by—
- (i) the claimant,
- (ii) the GUM or its membership, or
- (iv) the general public,
- (b) the injury arose or will arise from the actions or omissions of the defendant to the claim, and
- (c) judicial relief will redress or prevent the injury.
- (a) concrete and particularised injury has been or will imminently be suffered by—
Article 13: Investigations
- (1) Purpose; jurisdiction— An investigation’s purpose is to obtain and analyse facts to determine whether it’s likely that a law has been broken. The Court has jurisdiction to investigate any matter if an action arising from that matter would be under the Court’s jurisdiction.
- (2) Starting an investigation— An investigation may be started by the supreme justice unilaterally, or by the petition of a party. The supreme justice must approve the start of any investigation. The supreme justice must notify Quorum of the start of an investigation promptly, unless there is a confidentiality order.
- (3) Justices; court-appointed investigators— Article 8’s provisions on assigning justices to actions apply also to assigning justices to investigations. The supreme justice may also appoint anyone as an investigator (delegation member or otherwise) if the case is complex and the justices require assistance (this is in addition to the power to nominate special justices).
- (4) Investigatory orders— The Court may make orders as reasonably needed to carry out an investigation (e.g. subpoenas). An investigatory order can be challenged starting a new civil proceeding (rather than by appeal under article 15).
- (5) Report; recommendations— An investigation concludes with a report on the Court’s findings. In a report, the Court may make only non-binding recommendations; except for investigatory orders, the Court may not make binding orders pursuant to an investigation.
Article 14: Other proceedings and powers
- (1) Advisory opinions— Any member, provisional member, observer, or delegation member may submit a request for an advisory opinion (‘reference’) to the Court. The Court must answer a reference unless it doesn’t raise a question of law of general importance, raises matters on which the law is already clear, or is excessively vague, frivolous, or vexatious. The Court may invite other parties to make submissions before giving its opinion. The Court may not make any binding order pursuant to an advisory opinion, and may only give an advisory opinion if pursuant to a reference.
- (2) Quorum motion veto— The supreme justice may veto any Quorum motion if it is unlawful. This power extends to all decisions made by Quorum — not just legislation.
Article 15: Appeals
- (1) Application— A party may appeal a judgement or order by filing an appeal notice with the Court. The following may not be appealed using this procedure—
- (a) a final judgement or order made pursuant to an earlier appeal;
- (b) any order, decision, veto, or finding by the Court or the supreme justice that wasn’t made pursuant to an action between two or more parties.
- (2) Time limit— The ordinary time limit for filing an appeal notice is thirty days after the judgement or order was entered or made. However, the supreme justice may at their discretion extend this time limit on a case-by-case basis.
- (3) Appeal notice— An appeal notice must contain statements of—
- (a) the judgement or order that is appealed,
- (b) the grounds for appeal and
- (c) the relief sought, which may include relief in the alternative or different types of relief.
- If the appellant wants the court to grant a stay of execution, they must state so in the application.
- (4) Appellate orders; questions of fact— To dispose of an appeal, the Court may affirm, reverse, or alter a judgement or order, or review the original proceedings itself by trial de novo. In an appeal, the Court may decide questions of fact only pursuant to de novo review.
Chapter 8: No confidence votes
Article 1: Preliminary procedure
- (1) Starting a vote of no confidence— Any GUM officer may be removed by vote of no confidence. To start a vote of no confidence proceeding, a complaint must be filed with the Supreme Court, with at least 15% of members as claimants. The supreme justice must assign the action to themselves, unless they are unavailable or they have a conflict of interest, in which case the rules in chapter 7, article 8 apply. If the petition is frivolous or vexatious, or if a vote of no confidence proceeding would be unlawful, the action must be dismissed.
- (2) Stopping a proceeding— If one or more members withdraw from the action leaving fewer than 15% of members as claimants, then the vote of no confidence proceeding is stopped. The 15% requirement means 15% of members when the complaint was filed and is not affected by any subsequent change in membership. However, if a petitioning member leaves the GUM, they are automatically withdrawn from the action.
- (3) Acting officers— If a vote of no confidence proceeding is started against the chair, the vice-chair is to serve as acting chair until the vote ends or the proceeding is stopped. If there is no vice-chair or if the vice-chair is incapacitated, chapter 6, article 3(5) has effect. If a vote of no confidence proceeding is started against the supreme justice, the most senior available associate justice is to serve as acting supreme justice until the vote ends.
Article 2: Extraordinary Quorum session
- (1) Scheduling an extraordinary Quorum session— The Court must schedule an extraordinary Quorum session within two weeks of receiving a valid vote of no confidence complaint (this session may be scheduled to take place just before an ordinary session). If the Court fails to schedule a session, then the chair (or vice-chair, if the chair is the subject of the vote) must schedule the session.
- (2) Chair— The extraordinary Quorum session’s chair is—
- (a) ordinarily, the supreme justice,
- (b) if the supreme justice is the subject of the vote, is incapacitated, or is otherwise unavailable, the chair (or vice-chair, if the chair is the subject of the vote), or
- (c) if the chair or vice-chair scheduled the session, whichever one of them did so.
- (3) Procedure— The session’s procedure is as its chair directs. The officer subject to the vote is entitled to represent themselves, or have counsel represent them, or both. If the officer is disruptive during the session, they lose their right to represent themself and may be ejected from the session.
- (4) Vote— Following the extraordinary Quorum session, there must be a vote of no confidence. The vote lasts for 24 hours, and requires a simple majority to pass. If the vote passes, the officer is removed.