Charter of the Grand Unified Micronational (2021, second edition)

Charter of the Grand Unified Micronational

2021— second 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.

For these purposes, we hereby agree to this Charter.

About this document

Below is the 2021 GUM Charter (second edition). The first edition was first 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. On 20 November 2021, substantial amendments were made to the March 2021 charter. These included moving large sections of text to the Statutes, where they could be amended more easily. This second edition of the charter was released to reflect these changes.

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 23 December 2021.

You can view the GUM’s previous constitutions and charters at the following links: 2009 2014 2015 2016 2021 (1st edition)

Amendments

Except for minor amendments fixing drafting errors, amendments are shown [like this] for additions and replacements, and like this for deletions. A footnote is given for every such amendment. See chapter 1, article 8 for the rules for amending the Charter. The first amendments (to the first edition) were made on 14 April 2021. The second amendments (to the first edition) were made on 11 May 2021. The third amendments (to the first edition) were made on 20 November 2021. These amendments coincided with the release of the second edition; therefore, these and all previous amendments are not shown in this edition. The fourth amendments were made on 23 December 2021.

Chapter 1: The Organisation

Part I: Principles

Article 1: Interpretation

In the Charter and any other GUM law (unless otherwise specified)—

• (a) ‘member’ means a full GUM member;
• (b) ‘delegate’ means a delegate of a full GUM member.

Article 2: 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 3: 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 4: 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.
• (5) Duty to accommodate delegates’ locations— The GUM must make every reasonable effort to allow delegates equal access to its venues and proceedings, regardless of the time zone they are located in.

Article 5: 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. Supreme Court proceedings must always be 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 6: 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. The safeguarding officer must be at least 18 years old. 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).
• (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 GUM officers— Quorum must establish a seniority order of GUM officers to apply when a safeguarding issue arises. Any GUM officer or staff member may help with the GUM’s response to safeguarding issues, but must always defer to the safeguarding officer’s judgement, or if the safeguarding officer is unavailable, the judgement of the next most senior available officer who is at least 18 years old.
• (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 7: 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) policy and procedure guidance published by any GUM body;
  • (c) official annotations to this Charter;
  • (d) international treaties and conventions to which the GUM is not a party;
  • (e) international custom;
  • (f) general principles of law, as expressed in judicial decisions and the writings of legal experts.

Article 8: 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

Article 1: 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,
  • (b) it’s ratified the Charter,
  • (c) it can send at least one delegate to the GUM’s main Discord server, and
  • (d) it meets all other eligibility requirements set by Quorum.
• (2) Venue for admissions procedure— Any proceeding under this chapter (or under subordinate law created pursuant to this chapter) 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) Application— A state that wants to join the GUM must apply to the chair for membership. The chair is to determine the form of this application.
• (4) Procedure rules— Quorum must make rules governing the procedure for admitting members. Such rules may detail, amongst other things—
  • (a) the form an application must take;
  • (b) early rejection of an application by, for example, the chair, supreme justice, or safeguarding officer;
  • (c) reviews of and investigations into an application;
  • (d) voting procedure;
  • (e) any period of provisional membership that states must complete before becoming a full member.

Article 2: Withdrawal

A state leaves the GUM by denouncing the Charter under that state’s law.

Article 3: Disbandment of members; successor states

• (1) Disbandment— If a state disbands, it ceases to be a member or provisional member.
• (2) Automatic resumption of membership— If a member disbands and its law at the time of disbandment names a successor state, that successor state may become a member. To do this, the successor state must inform the chair within two months of its predecessor’s disbandment. At this point, it becomes a full member. In this section, ‘successor state’ may include a new entity formed by a member merging with one or more other states.
• (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.
• (6) Provisional members— Sections 2, 4, and 5 do not apply to provisional members.

Article 4: Expulsion procedure

• (1) General grounds for expulsion— The general grounds for expelling a member or provisional member are that—
  • (a) the state has egregiously or persistently violated the Charter, the Statutes, 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, barring, 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 or provisional member immediately by two-thirds majority vote. However, if the reason for expulsion is that the member or provisional member broke the law, Quorum must first consult the supreme justice or at least two associate justices.
• (3) Expulsion due to ineligibility— Quorum (by simple majority vote) or the Supreme Court may expel a member or provisional member if they are no longer eligible for membership.
• (4) Expulsion due to inactivity— Quorum may make rules regarding the expulsion of members or provisional members due to inactivity.
• (5) Expulsion of similar members— A member or provisional member (A) may be expelled only if every other member or provisional member (B) to which the conditions apply are also expelled. The conditions are that—
  • (a) B could be expelled 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 or provisional 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

• (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,
  • (b) it can send at least one delegate to the GUM’s main Discord server, and
  • (c) it meets all other eligibility requirements set by Quorum.
• (2) Venue for admissions procedure— Any proceeding under this article (or under subordinate law created pursuant to this chapter) may—
  • (a) take place in a separate venue from Quorum sessions and
  • (b) happen at any time, not only during Quorum sessions.
• (3) 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 three 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; successor states

• (1) Withdrawal— An observer leaves the GUM by notice to the chair.
• (2) Automatic resumption of membership— If an observer disbands and its law at the time of disbandment names a successor state or organisation, that successor state or organisation may become an observer. To do this, the successor state or organisation must inform the chair within two months of its predecessor’s disbandment. At this point, it becomes an observer. In this section, ‘successor state or organisation’ includes a new entity formed by an observer merging with one or more other states or organisations.
• (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 an observer’s disbandment, a state or organisation may apply to the chair for recognition as the observer’s successor. The chair must present this application to a Quorum session promptly. If Quorum recognises the claim to succession, the state or organisation becomes a member.
• (5) Multiple successor states or organisations— If a disbanded observer has multiple successor states or organisations, those states or organisations are equally entitled to observership under sections 2 and 4.

Article 4: Expulsion

• (1) Grounds for expulsion— The grounds for expelling an observer are that—
  • (a) the observer has non-trivially violated the Charter, the Statutes, 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, barring, or any other reason, or
  • (f) the observer knowingly provided false information during the admission process.
• (2) Expulsion procedure— If the grounds for expulsion in section 2 are met, an observer may be expelled by majority vote of Quorum or, if the ground for expulsion is section 1(a), (b), or (e), by the supreme justice. If the ground for expulsion is section 1(a), Quorum must first consult the supreme justice or at least two associate justices. Quorum may overturn an expulsion under this section by the chair or supreme justice.
• (3) 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.
• (4) 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

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, provisional member, or observer they represent (except for organisation observers) and only represent one member, provisional member, or observer at a time.
• (2) Notification— The chair may establish a procedure for a delegation to give notification of any changes to the delegation’s composition. The chair may prevent an individual from serving as a delegate if the chair hasn’t been notified of their appointment under this section.
• (3) 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: Transfer; office-holding

• (1) Office-holding— An individual must be a member’s delegate to hold a GUM office.
• (2) 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.

Article 3: Rules of conduct; discipline

Quorum must enact rules of conduct that apply to all conduct in GUM venues, as well as other conduct in any other place or at any time specified by Quorum. Quorum must also make provisions to enforce these rules, by means such as censure, suspension, and barring.

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 delegate 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,
    • (iii) two or three of those officers, or
    • (iv) otherwise, one delegate only;
  • (b) otherwise, one delegate only.
• A delegate may only represent a member or provisional 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— Eight delegates must be present for Quorum to do business in an ordinary session or session by petition; but only five delegates must be present for an emergency session.

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. A provisional member has no vote.
• (2) Voting period; proxy votes— Quorum is to determine the voting period’s length, and may also create a system for proxy voting.
• (3) Statutes— There must be a public document codifying GUM statutory law (‘the Statutes’), maintained by either the Supreme Court registrar or another individual appointed by Quorum. The Statutes must contain all permanent general legislation made by Quorum. The Statutes must be organised so that legislation is easy to find and cite.

Article 4: Legal proceedings

(1) 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, or if the justice who would ordinarily be election administrator is unavailable, then the chair must nominate a delegate who is not a candidate as election administrator. The chair may not nominate themselves or the vice-chair. 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. A delegate may run on only one ticket per election, but they may change ticket at any time before voting starts.
• (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, except for a purely administrative one.
• (5) Voting period— Every election must be open for voting for seven days or until all members vote (whichever period is shorter), unless it is a repeat election and Quorum approves a shorter voting period by two-thirds majority vote.
• (6) Procedure— Quorum must specify the procedures for voting, counting votes, and determining the winning ticket.
• (7) Minimum turnout— Quorum may require that a certain percentage of members must vote in an election for the election to be valid.

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 in an office created under section 1; 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 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 or, if the vice-chair is incapacitated, the supreme justice’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— The chair, the vice-chair, a secretary, or another 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. The associate justices are ranked in seniority according to the total length of time they’ve served as either supreme justice or associate justice.
• (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, [including an order striking down statutory law]. 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 or declaration only pursuant to proceedings between two or more parties, unless—
  • (a) the order is for the purpose of obtaining information as part of an investigation or
  • (b) the order is a confidentiality order, intended – in the interests of justice – to keep proceedings or information private.
• Unless subsections (a) or (b) apply, the Court may make an order or declaration only if such relief is requested by the parties in a petition or motion. Any order binds only those who are party to the relevant proceedings. This section doesn’t prevent the supreme justice from exercising their unilateral powers.]
• (3) Power to recommend expulsion— The Court may formally recommend that Quorum expels a member under 2 GUMC 4(2).
• (4) 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.
• (5) 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.

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

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. If a nominator or candidate can’t be present at the session when voting is to begin, they must inform the chair in advance, who must then inform Quorum of the nomination or nomination acceptance. The supreme justice may serve in any administrative role within the Supreme Court, 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 publicly declare a candidacy or nomination for supreme justice before Quorum’s session to elect the supreme justice begins. This section doesn’t prevent anyone from discussing a candidacy or nomination privately, and it doesn’t prevent the chair from gathering the details of planned candidates and nominators in advance of the election session.
• (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 resignation (in which case the chair may appoint a further replacement) or 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.

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 Court’s rules for assigning justices 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 [or if no justice without a conflict of interest is available], 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, but must be in accordance with norms of due process. The officer subject to the vote is entitled to represent themselves, or have counsel represent them, or both [(unless they or their counsel are disruptive).]
• (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.