Constitution of the Grand Unified Micronational (2012)

From MicroCommons
Jump to navigation Jump to search

The Constitution of the Grand Unified Micronational, was a document ractified and signed on 19 April 2009 by various members of the GUM. The original version was updated and revised on 19 February 2012.

Preamble

In its present state, the intermicronational community is extremely divided. Far too often micronations are motivated by individualistic political platforms that place their own interests about those of the greater community. Rarely do they cooperate to advance the cause of regional, continental and/or global micronationalism and rarely do they work with one another to promote progressive social, cultural, economic, political and technological development in order to make the ambitions of the micronational experiment more realistic.

As such, it is necessary for the community to have a platform to unify it and to provide direction for communal development as opposed to national development. Acknowledging this we, the lawful representatives of the peoples of our respective territories, hereby establish this intermicronational constitution to govern the rules, customs and functions of the Grand Unified Micronational.

To this end we acknowledge that;

  • The Grand Unified Micronational is to be a force for peace and security
  • The Grand Unified Micronational is to be a force for cooperation and mutual development
  • The Grand Unified Micronational is to serve as a platform to disseminate and practice these principles

Accordingly, our respective governments and their representatives have declared that they will abide by this document, adhere to its fundamentals and in doing so cement the position of the Grand Unified Micronational in the greater community.

Chapter 1: Principles

ARTICLE I

The Grand Unified Micronational is established according to the following core principles, regarded as inviolable fundamentals of the institution:

  • that all micronational states are equal in status and deserve to be treated as such in all cultural, social, political, economic, diplomatic and general matters unless exceptional circumstances deem otherwise;
  • that the sovereignty of a micronation is fundamentally inviolable;
  • that it is necessary for micronations across the spectrum to work together to promote mutual development and intermicronational peace;
  • that micronationalism is a genuine, valid political movement that deserves macronational recognition and respect;
  • that by organising themselves as serious political entities micronations can achieve sufficient autonomy to be deemed serious nations;
  • that through mutual cooperation and peaceful development all micronations can better themselves in every way;
  • that micronational citizens have the right to be identified as a People equal in cultural, social and political status to macronational races/ethnic groupings.

ARTICLE II

The fundamental purposes of this institution are:

  • to promote mutual social, cultural, political, economic, scientific and technological development within the framework of a formal institution;
  • to maintain intermicronational peace and security by promoting collective defence and independent resolution of political and military conflicts;
  • to maintain intermicronational peace by promoting international law and, where necessary, establishing new legal conventions for members to follow accordingly;
  • to develop positive relations between member states, and indeed non-member states, according to the principle of national and ethnic equality;
  • to serve as a platform to disseminate these ideas and harmonise the actions of member states towards these common objectives.

ARTICLE III

The Grand Unified Micronational is a voluntary association of member states and, regardless of the nobility of its objectives and the relevance of its fundamental principles, supports national autonomy and the right to self-determination of unrecognised peoples in all things. To this end, this institution may not intervene in matters that are entirely or significantly domestic in nature and do not concern any other members of the intermicronational community, local or otherwise.

ARTICLE IV

  • All member states shall fulfil their obligations and duties imposed by this constitution in good faith.
  • All member states are guaranteed certain rights and privileges by this document so long as they fulfil their intermicronational obligations.
  • All member states shall strive to work together and promote intermicronational harmony.
  • Member states shall always strive to resolve conflicts both within and without the GUM peacefully and in such a manner that minimises the intermicronational impact of the conflict, provides minimum threat to international security and respects the general principles of intermicronational law.
  • All though foreign policy is exclusively the domain of each individual member, member states are strongly encouraged to abide by majority decisions of the Grand Unified Micronational with regards to preventative or punitive actions against member states.
  • The Grand Unified Micronational continues to recognise the rights of non-member states and respects their sovereignty and equality in the same manner as its respect for that of full member states.

Chapter 2: Membership

ARTICLE V

  • The original founding member states of the Grand Unified Micronational are recognised as the Kingdom of Camuria, the Democratic People’s Republic of Erusia, Scientopia, the Republic of Petorio, Stigistan, Tozland and the Federal Republic of Saint Charlie. These member states are afforded no special rights or privileges of any kind and are merely recognised as those who were originally extended an invitation to the institution and accepted it.
  • Ranking amongst the aforementioned member states, Scientopia is credited with the founding of this institution.

ARTICLE VI

Membership in the Grand Unified Micronational is defined as:

“Being signatory to the Constitution of the institution, having been recognised by fellow signatories as a part of the institution, and subsequently having been granted the right to participate in the duties, functions and organs of the institution with equal status to all other signatories of the Constitution within certain parameters.”

ARTICLE VII

  • Membership in the Grand Unified Micronational is broken down into five individual classifications, each with individual privileges and recognition. These classifications are:
    • Full Membership - a Full Member is a micronation that has successfully applied for membership and has been granted permission to stand for the leadership seats of an organ within the institution. Full Members have full voting and representative rights.
    • Provisional Membership - a Provisional Member is a micronation that has applied for membership in the institution and, for some reason or another, has been denied Full Membership and instead given provisional status. Provisional Members have the right to attend Quorum meetings, voice their opinions, submit proposals, deliver work reports and similar rights but cannot stand for any elected or appointed position in the leadership of an organ. Provisional Members may vote in a Quorum meeting if, at the beginning of the meeting, the Chair confirms that they may do so.
    • Permanently Observing Membership - a Permanent Observer is a micronation that was formerly active in the GUM but, for various reasons, can no longer actively participate in the business of the organisation, but the Quorum is unwilling to make them an Observer or to suspend or expel them. Permanent Observers have the right to observe Quorum meetings, and may voice their opinions with the consent of the Chair.
    • Observing Membership - an Observer is a micronation that has applied for the GUM, but for which the Quorum has decided that Full or Provisional Membership would be unsuitable. They are permitted access to Quorum minutes on request, and may propose matters to be discussed in a Quorum, but do not have the right to observe or attend a live Quorum meeting.
    • Suspended Membership - a Suspended Member is a micronation which formerly held one of the four aformentioned classifications of GUM membership, but has been suspended from active participation in the organisation by either the Chair or Quorum.

ARTICLE VIII

  • Membership is awarded by completing a Common Application Process. All member states must complete the Process, known from hereon as the CAP for simplicity.

ARTICLE IX

  • The CAP begins when any non-member state formally requests membership in a statement to the Grand Unified Micronational or requests membership from the Chair.
  • Upon being received, the micronation’s application is scrutinised by the Chair who conducts a preliminary review of the candidate’s suitability for membership.
  • The Chair, having completed its preliminary review, is required to add the application for membership to the agenda of the next Quorum of Delegates and make the application public.
  • At any point during the CAP the applicant may request a meeting with the Quorum to present their case for membership, may formally request permission to observe a Quorum meeting, request a meeting with the Chair or request similar measures.
  • After the application is made public, all member states are asked to study the micronation intently and review their suitability for membership.
  • Once all member states have had the opportunity to review the applicant’s suitability for membership in the institution, the Chair may put forward a motion to approve their application at a meeting of the Quorum of Delegates.
  • For a motion to approve an application to be successful, the motion must be passed with a majority of 50% of all active member states. At least three member states must support any application motion for the vote to pass, regardless of the number of member states available to vote. Active member states are, for the sake of membership voting, counted only as Full Members who have cast a vote in a seven to fourteen day voting periond decided on by the Quorum.
  • If a motion for Full Membership is rejected, a motion for Provisional Membership must automatically be brought forward immediately afterwards and voted on in the same manner. Provisional Membership requires only the support of three member states.

ARTICLE X

  • Upon having their application approved, candidates must sign this Constitution at the first opportunity.
  • If the laws of the candidate require the ratification of this Constitution by a legislative, executive or administrative body then the awarding of membership will be postponed until the time when the appropriate authority has completed the ratification process.

ARTICLE XI

  • Full Membership may only be awarded to member states whose constitutional and political goals are compatible with those of this institution.
  • Micronations who, through general consensus, have been deemed a threat to this institution or who are otherwise deemed incompatible with its objectives may not be permitted to join.

ARTICLE XII

Being signatory to this Constitution is synonymous with full diplomatic and political recognition on the part of the Grand Unified Micronational as an institution.

Chapter 3: Organs of the Institution

ARTICLE XIII

An organ of the Grand Unified Micronational is defined as such:

“Any authority, select committee, council or other organised body that has been charged with addressing a specific subject matter or range of subject matters and enforcing the will of the general community with regards to those subject matters.”

ARTICLE XIV

Principal Organisations are organs of the GUM that are considered constitutionally inviolable and who’s duties and functions are enshrined in this document.

ARTICLE XV

The Quorum of Delegates, the Advancement Council, the Security Council and the Grand Unified Micronational Justice Commission are the Principal Organisations of the GUM.

ARTICLE XVI

The Quorum of Delegates has the power to establish new organs, Principal or otherwise, by a majority vote of attending delegates. The Quorum is charged with managing the organisation of the institution in a responsible and sensible fashion to ensure that all organs operate at peak capacity.

ARTICLE XVII

  • Subsidiary organisations may be established as organs subordinate to existing ones.
  • Principal Organisations have the power to establish their own Select Committees to explore a specific subject matter and report back with their findings.

Chapter 4: Quorum of Delegates

ARTICLE XVIII

The Quorum of Delegates is the supreme organ of the Grand Unified Micronational. It is the primary representative body of all member states and consists of designated representative officials from the governments of all member and observer states.

ARTICLE XIX

  • Each member state may appoint up to three full delegates to the Quorum, in addition to two alternate (auxiliary) delegates.
  • Every member state must appoint at least one full delegate, who may or may not be the leader of the micronation in question.
  • Each member state is entitled to appoint a Diplomatic Staff to their delegate(s). Members of this staff may include communications personnel, adjutants, advisors and other essential personnel to assist the delegate(s) in their duties. None of these staff members have the authority to represent their micronation.

ARTICLE XX

  • Every delegate must be treated with the respect deserving of an individual of their station.
  • Delegates and Diplomatic Staff have the right to be addressed in a form of their choosing that appropriately reflects their station and formal preferences.

ARTICLE XXI

The Quorum of Delegates is charged chiefly with addressing matters of Intermicronational importance and directing the development of the institution. The Quorum serves as a forum for discussion and voting on such matters.

ARTICLE XXII

As the chief deliberative and decision making body of the Grand Unified Micronational, the Quorum of Delegates makes recommendations to the Advancement Council and the Security Council addressing a specific subject matter relevant to those authorities.

ARTICLE XXIII

The Quorum of Delegates is regarded as the collective leadership of the Grand Unified Micronational and embodies the power of the collective community.

ARTICLE XXIV

  • Matters for deliberation are brought to the attention of the Quorum of Delegates by individual member states who have requested the matter be discussed. When a matter is brought before the Quorum, it must be discussed in detail at the earliest possible opportunity, with major issues being prioritised above minor ones appropriately.
  • It is the duty of the Quorum to establish the official stance of the institution on a specific subject matter at the first possible opportunity through general consensus and/or a vote.
  • The Quorum exercises ultimate power over all affairs and issues as the central collective leadership authority.
  • Majority decisions of the Quorum are, within the limits of this Constitution, directly binding on all signatories to the Constitution.
  • The Quorum may choose to delegate certain powers to organisations of the institution.
  • The powers of the Quorum shall not be limited with regards to upholding the fundamental principles of the institution.

ARTICLE XXV

The Quorum of Delegates should responsibly limit its involvement in matters all ready being addressed by the Security Council or Advancement Council, in order to protect the role of these organisations. The Quorum is free to make recommendations and issue general directions to both Councils with regards to specific subject matters or general business.

ARTICLE XXVI

It is the duty of the Quorum of Delegates to:

  • uphold the integrity and security of the GUM.
  • promote Intermicronational peace and mutual development.
  • assist in resolving all forms of conflict.
  • provide general direction with regards to the work of the institution.
  • elect and appoint members and officials to organisations of the GUM.
  • review and accept or reject applications for membership.
  • other duties and responsibilities as decided by the Quorum itself by a majority decision.

ARTICLE XXVII

Only the Quorum of Delegates may decide if an action or decision has violated the terms of this Constitution, unless such a violation is undoubtedly and exceptionally clear and does not require clarification by the Quorum.

ARTICLE XXVIII

The Quorum of Delegates is obligated to perform its duties with respect for the fundamental principles and objectives of the institution and may not, under any circumstances, contradict or violate these principles.

ARTICLE XXIX

The Quorum of Delegates shall meet annually for a Plenum of Delegates, unless exceptional circumstances prevent such a meeting from occurring, in which case provisions should be made for the hosting of a large international meeting of delegates.

ARTICLE XXX

The Quorum of Delegates establishes its own rules of procedure according to its needs, with the exception of the following:

  • meetings of the Quorum must follow an agenda drawn up at the previous meeting of delegates and modifiable only by the Chair;
  • meetings of the Quorum must be arranged to be as convenient as possible for the maximum number of delegates;
  • meetings of the Quorum must be publicised well in advance to ensure maximum possible attendance and may not, under any circumstances, be veiled in secrecy;
  • minutes shall be taken at every meeting to ensure those who were unable to attend will be able to access a record of proceedings.

ARTICLE XXXI

The Quorum of Delegates may establish special organs to assist in its individual functions. These organs may be established to streamline proceedings, assist delegates in their duties and to perform other essential duties.

ARTICLE XXXII

Each member state is entitled to a single vote for a specific motion or decision of the Quorum. Voting status is the same regardless of the number of delegates or constituent countries a micronation has.

ARTICLE XXXIII

When exercising their voting power, member states may:

  • cast their vote in support of a motion/decision;
  • cast their vote against a motion/decision;
  • cast their vote in support of another option, provided the vote is not for a specific motion;
  • abstain.

ARTICLE XXXIV

  • If the Quorum is in session, any vote by the Quorum requires a 50% majority vote of all attending members to become effective. A minimum of five members must attend the session for this rule to apply. Any motion that fails to attain a 50% majority must be unilaterally rejected by the Chair.
  • If the Quorum is voting in the ad interim period between sessions, any vote by the Quorum requires a 50% majority vote of all active member states. Any motion that fails to attain a 50% majority must be unilaterally rejected by the Chair.

ARTICLE XXXV

  • A previously rejected motion may not be brought before the Quorum for a minimum of thirty days after its initial proposal.
  • In the event of exceptional circumstances that mean a previously rejected motion is once more viable - and perhaps necessary - the provisions previous paragraph may be wavered.

ARTICLE XXXVI

The Quorum of Delegates votes on specific matters according to Articles 24 and 26.

ARTICLE XXXVII

All appointments to Principal Organisations must be made through a standard vote of the Quorum.

ARTICLE XXXVIII

Decisions, proposals and motions to be voted on may be brought before the Quorum by any member state unless this Constitution provides otherwise.

ARTICLE XXXIX

The Chair of the Quorum directs all voting matters and is responsible for officially approving the decisions of the Quorum in a rubber-stamp fashion.

ARTICLE XL

If a delegate is unable to attend a meeting of the Quorum and no new delegate can appointed in time to attend an important vote, their micronation may declare their vote prior to the meeting. If this is done, the Chair must cast their vote in absentia as requested.

ARTICLE XLI

Where there is no established protocol of procedural rule for a matter or event, the Quorum will use established conventions until such a time when official protocols are established. Where there is no precedent of any kind to create a temporary protocol, delegates may adopt one through general consensus.

Chapter 5: Councils for Advancement and Security

ARTICLE XLII

The Advancement Council is charged with promoting mutual social, cultural, political, economic, scientific, technological and environmental development between member states of the Grand Unified Micronational. It exists to provide a platform for the promotion of active micronational development, to provide special support for micronations that are unable to advance without it and to promote peace by furthering the cause of Intermicronational mutual development.

ARTICLE XLIII

The Security Council is charged with promoting Intermicronational peace, promoting collective security, encouraging micronational military forces to work in cooperation with one another and resolving Intermicronational conflicts brought to its attention. It exists to provide a platform for the promotion of peace both within and without the Grand Unified Micronational and is authorised to involve itself in external conflicts as an independent third party, provided its aims are to preserve international peace and minimise the fallout from any conflict.

ARTICLE XLIV

Neither the Advancement Council nor the Security Council shall consist of any more than five standing members.

ARTICLE XLV

  • Membership of each Council is decided by the Quorum of Delegates.
  • Both Councils are elected to three month terms, being put forward for re-election on or around the ninety-third day of the current term.
  • When the term of a Council has expired, any Full Member may nominate themselves for election to the succeeding Council.
  • Once all nominations have been confirmed, the Quorum of Delegates must vote to confirm the final candidates. Voting delegates must rank their candidates in order of preference and may not vote in favour of their own micronation.
  • In the event that the fifth seat on a Council should be contested by multiple candidates with an equal number of votes, a second round of voting will be declared to determine who earns the seat. If the result of this vote is indecisive, the Chair must appoint the fifth seat.
  • Candidates with the most votes are successfully elected to the Council.
  • Seats on the Security or Advancement Council have no Order of Precedence and, as such, only the fifth and final seat may be contested individually according to Paragraph 5 of this article.
  • Membership on the Advancement Council is absolutely incompatible with membership on the Security Council.
  • No member state may be elected to either Council for more than two consecutive terms on the same Council. If a Council member has served two consecutive terms, they are eligible for re-election after one term out of office.

ARTICLE XLVI

Each standing member of a Council has the right to appoint a single official representative to it.

ARTICLE XLVII

The Advancement Council has the power to create official Grand Unified Micronational policies concerning development, freely establish subordinate organisations to fulfil its objectives, appoint subordinate select committees, create non-binding iniatives, draft voluntary treaties and take other appropriate constitutional measures to fulfil its obligations.

ARTICLE XLVIII

  • The Security Council has the power to intervene in conflicts between member states in the form of diplomatic investigation, support and condemnation. It may not force any micronation to alter its foreign policy.
  • In the event of a conflict between micronations, the Security Council must work together to achieve a peaceful resolution to the conflict at the earliest possible opportunity.
  • When all negotiations have broken down and a peaceful resolution cannot be found to a specific conflict, the Security Council has the right to demand military intervention on the part of the Grand Unified Micronational.
  • The Security Council may defer recommendations on action to be taken to resolve a conflict to the Quorum of Delegates as needed. These recommendations may include political sanctions, economic sanctions, a military intervention mandate, relief aid or similar measures to help promote a swift resolution to a conflict.
  • The inevitable goal of the Security Council is to protect the status quo, unless events warrant the Security Council to endorse a drastic change following a conflict.
  • The Security Council works alongside the Grand Unified Micronational Justice Commission and Advancement Council to establish international legal conventions. These conventions make up the framework of international law as recognised by the Grand Unified Micronational, unless the Quorum of Delegates establishes other formal conventions.
  • Only the Security Council may represent the Grand Unified Micronational’s official stance in trials and hearings of the Justice Commission.

ARTICLE XLIX

  • The Security Council has the power to appoint independent mediators and investigators to assist in resolving conflicts, to issue military and diplomatic intervention mandates to member states, to create official Grand Unified Micronational policies concerning collective security, freely establish subordinate organisations to fulfil its objectives, appoint subordinate select committees, create non-binding iniatives, draft voluntary treaties and take other appropriate constitutional measures to fulfil its obligations.
  • As part of its range of powers to ensure collective security and peaceful resolution of conflicts, the Security Council may declare international conferences, may order Grand Unified Micronational member states to accept Security Council intervention and/or mediation, recommend adjustments in negotiations where the Council feels discussions are not fair and take other logical measures to ensure a fair resolution to any dispute.

ARTICLE L

The Security Council may elect to involve non-Grand Unified Micronational members in its discussions and deliberations should it deem that the involvement of said micronational state is essential to resolving a matter.

ARTICLE LI

Any signatory of this Constitution has the right to participate in the decision making process of either Council in the form of discussion and deliberation. This right does not extend to voting, nor does it guarantee representation of a micronation’s interests in the final decision.

ARTICLE LII

Any decision made by either Council requires the support of at least three of its standing members.

ARTICLE LIII

  • Both Councils report to the Quorum of Delegates and are subordinate to the collective decision making authority of the Quorum.
  • Both Councils may elect to submit proposals to the Quorum of Delegates for consideration and ratification.
  • In accordance with the aims of this institution, the Advancement Council is respected to draw up protocols for the promotion of mutual development and the active pursuing of schemes that further the objectives of the Council.
  • In accordance with the aims of this institution, the Security Council is respected to draw up protocols for the promotion of collective security and the active pursuing of schemes that further the objectives of the Council.


Chapter 6: Grand Unified Micronational Justice Commission

ARTICLE LIV

The Grand Unified Micronational Justice Commission was established following the Special Tribunal to Investigate Allegations of New European Racial Extremism to provide a platform for the Grand Unified Micronational to resolve disputes outside of the Security Council and within a clear, defined legal framework.

ARTICLE LV

  • The Grand Unified Micronational Justice Commission is charged with trying GUM member states, willing third parties, GUM member state citizens and other individuals or organisations who have violated accepted Intermicronational law.
  • The Grand Unified Micronational Justice Commission works alongside the Security Council to resolve disputes of a legal nature.

ARTICLE LVI

The Grand Unified Micronational Justice Commission must always remain impartial and transparent. It is subject to the scrutiny of the Quorum of Delegates.

ARTICLE LVII

It is the duty of the GUM-JC to:

  • provide an independent, unbiased platform for the trying of those charged with violating Intermicronational law;
  • enforce intermicronational law and, where there are no established GUM legal precedents, enforce accepted elements of international law;
  • investigate allegations of an individual or organisation violating Intermicronational law;
  • provide an independent tribunal to try those who cannot, for whatever reason, be fairly tried in their native land;
  • review all cases brought before it in good time;
  • ensure justice delivered to any individual or organisation is fair, proportionate and in keeping with the appropriate legal systems and precedents used in the case;
  • provide an independent review of decisions by the Security Council in the resolution of disputes and conflicts;
  • other duties as decided by the Quorum of Delegates.

ARTICLE LVIII

  • The powers of the Grand Unified Micronational Justice Commission are only exercisable following due legal processes. The GUM-JC may not enforce any decision or verdict without due process of intermicronational law.
  • The Grand Unified Micronational has the power to call any nation, individual or organisation to trial.
  • Where a trial is absolutely essential and the nation, individual or organisation in question refuses to stand trial the GUM-JC may order - with authorisation of the Quorum of Delegates - that they be tried in absentia. This order may only be issued so long as the individual refusing to stand trial is given a minimum of seven days warning.

ARTICLE LIX

Any verdict of the Grand Unified Micronational Justice Commission must:

  • be fair and unbiased;
  • be constitutional;
  • be in accordance with the core ethics of the institution;
  • be enforceable and proportionate to the situation.

ARTICLE LX

All decisions of the Grand Unified Micronational Justice Commission are directly binding under intermicronational law on member states and any non-member state who has agreed to participate in the legal system of the GUM-JC.

ARTICLE LXI

  • The decisions of the Grand Unified Micronational Justice Commission are directly binding upon the Security Council and the Advancement Council.
  • Every institution, organisation and individual within the Grand Unified Micronational has the power to appeal against the verdicts and decisions of the GUM-JC. In such a case, this appeal must be reviewed in a completely transparent manner and the decision in question subjected to thorough review.
  • Each decision may only be appealed against once during a three month period by the same party. If the effect of the verdict has expired in the three month period since a previous appeal, the right to appeal is invalidated.

ARTICLE LXII

The Supreme Tribune is the organ of the Grand Unified Micronational Justice Commission charged with reviewing cases, conducting trials and passing verdicts.

ARTICLE LXIII

The Presidium of the Supreme Tribune (see Chapter VII, Section D) is the senior leadership of the Grand Unified Micronational Justice Commission and serves as the Supreme Judge of the Tribune.

ARTICLE LXIV

  • The Supreme Tribune represents the combined authority of the Judge and Jury when presiding over a trial.
  • The Supreme Tribune appropriately separates the roles of Judge and Jury to ensure full impartiality and the independence of the Tribune.

ARTICLE LXV

  • When a case goes to trial, the Supreme Tribune appoints a Special Tribunal to address the matter which incorporates the Prosecution, the Defence, the Judge and the Jury.
  • All Special Tribunals following the naming convention of Special Tribunal to Investigate <matter> or Special Tribunal to Resolve the Case of <matter/names>.

ARTICLE LXVI

When presiding over a case, the Supreme Tribune’s authority is synonymous with that of the Grand Unified Micronational Justice Commission’s authority.

ARTICLE LXVII

In the event the integrity or the impartiality of the Supreme Tribune are compromised to the point where they are unable to resolve a case in a just and fair fashion, the Quorum of Delegates may assume its duties on the condition that the Quorum restores the authority of the Supreme Tribune at the first possible opportunity.

ARTICLE LXVIII

  • The Presidium of the Supreme Tribune is the highest authority of the Grand Unified Micronational Justice Commission.
  • The Presidium reviews all cases brought before the Commission to determine if a trial is necessary to resolve the matter.
  • The power to bring an individual, organisation or nation to trial - either forcefully or voluntarily - is vested in the Presidium.

ARTICLE LXIX

The head of the Presidium is the Chair of the Presidium of the Supreme Tribune. They exercise its primary powers within constitutional limits.

ARTICLE LXX

  • The Chair of the Presidium is elected alongside and in the same way as the Chair of the Quorum of Delegates.
  • Any Grand Unified Micronational member state may nominate itself to stand for the office of Chair of the Presidium. The member state with the majority of votes earns the nomination.
  • In the event a member state is tied with one or more fellow member states for the nomination, a second round of voting must be held.
  • If a second round of voting is indecisive, the Chair of the Quorum appoints the new Chair of the Presidium from one of the remaining candidates.

ARTICLE LXXI

  • Whenever a Special Tribunal is commissioned, the Chair of the Supreme Tribune is automatically appointed to act as the Judge in the case.
  • If the Chair is definitively implicated as a party in favour of either side (lack of impartiality), unable to attend the trial within one hour of its commencement (unaccountable absence) or otherwise unable to perform their duties (general impairment) those present at the trial must appoint a Provisional Judge to handle the case.
  • The Provisional Judge must be elected in the same manner as the Chair of the Supreme Tribune and serves from the moment the trial commences until the moment the verdict is decided and the subsequent motion passed by the Jury. The Provisional Judge immediately stands down after the passing of the final motion, regardless of whether or not the Chair’s inability to preside is a long-term issue.

ARTICLE LXXII

The Presidium is permitted to have its own individual staff members to help in the duties of both the Grand Unified Micronational Justice Commission and Supreme Tribune.

ARTICLE LXXIII

The Presidium does not have the power to go against the fundamentals of this institution and must respect the sovereignty of nations whilst also upholding intermicronational law.

ARTICLE LXXIV

  • Any Grand Unified Micronational member state or non-member state may bring a case before the GUM-JC for review.
  • Any case must clearly indicate a violation of intermicronational law or accepted international legal conventions and provide at least one item of conclusive evidence to support the case going to trial.
  • The Presidium of the Supreme Tribune must review cases brought before them at the earliest possible opportunity. If the case is extensive, a formal report must be published by the Presidium for Quorum review.
  • Having reviewed a case, the Presidium must formally decide if the case warrants an independent trial.
  • Should the Presidium motion against a trial, the Quorum has the right to appeal against this decision.

ARTICLE LXXV

  • Having made the decision to approve a trial, the Chair of the Presidium must set a date and time for the trial.
  • The defendant absolutely must be able to attend the trial. If there is a prosecutor, they must also be able to attend the trial.
  • The timing of the trial must be set to ensure that as many third parties as possible can attend to stand as Jurors.

ARTICLE LXXVI

  • The trial must commence within one hour of the established starting time. If after one hour the required attendees have not arrived, the trial may be postponed until they arrive.
  • No trial may be held until seven days have passed since the case was approved.
  • Any individual or nation may stand for prosecution or defence, provided they officially register prior to the event. This does not remove their voting power as Jurors.

ARTICLE LXXVII

During a trial, the authority of the Chair of the Quorum is void if they are attending.

ARTICLE LXXVIII

  • When the trial commences, the Chair of the Presidium must clearly define the purpose of the trial, summarise the background to the case and note who is officially standing for defence and prosecution.
  • The Chair of the Presidium must give both the prosecution and the defence a chance to summarise their argument briefly before proceedings commence.
  • The Chair of the Presidium is charged with questioning the defendant about evidence, both conclusive and circumstantial, in a orderly and impartial fashion. The objective of the Chair is to reveal as much information as possible to reach a fair verdict.
  • In between lines of questioning or after lines of questioning, the Chair of the Presidium may allow Jurors, defendants and prosecutors to question both the defence and the prosecution to develop their own arguments and reach a fair verdict.
  • When all parties are satisfied that there are no further questions to be asked, the prosecution and defence may issue their closing statements. Closing statements are subject to scrutiny by the Jury and questioning.

ARTICLE LXXIX

  • Considering all the evidence and questions during the trial, the Chair of the Presidium must reach a logical verdict of Guilt or Innocence. If proclaimed guilty, the Chair must propose a motion with a recommended sentence.
  • Upon hearing the recommendation of the Chair, Jurors must vote in favour or against the recommended sentence. Jurors may propose alternative sentences if the Chair’s is rejected.

ARTICLE LXXX

In any case, the defendant and prosecution have the right to appeal at least once against the verdict of the Supreme Tribune.

Chapter 7: Chair of the Quorum

ARTICLE LXXXI

  • The Chair of the Quorum of Delegates is the executive leader of the Grand Unified Micronational. The Chair and their office form the equivalent of an elected Secretariat which is charged with the administrative duties of the institution.
  • The holder of the office of Chair is the chief administrative officer.

ARTICLE LXXXII

The office of Chair exists to provide direction to the general work of the institution, to act as an independent mediator in discussions, to promote the political and economic platforms of the institution, to administrate the Grand Unified Micronational and perform similar associated duties.

ARTICLE LXXXIII

  • When the Quorum of Delegates is in session, the Chair is responsible for directing business at each meeting.
  • Prior to each Quorum, the Chair is responsible for finalising the agenda.
  • Only the Chair may open and close a meeting of the Quorum of Delegates.

ARTICLE LXXXIV

It is the duty of the Chair to:

  • review all applications for membership;
  • direct the general work of the institution;
  • maintain peace between member states by providing an independent platform for mediation outside of the Security Council and judiciary;
  • hear and respond to complaints and criticisms against the institution;
  • ensure that all meetings of the Quorum adhere to a strict schedule, are completed on good time and to determine the agenda for these meetings;
  • provide general leadership for the Grand Unified Micronational;
  • other duties as decided by the Quorum of Delegates

ARTICLE LXXXV

The role of Chair is one of general direction and leadership. It does not represent the executive authority of the institution and the Chair is subordinate to the supreme authority of the majority.

ARTICLE LXXXVI

  • The Chair has the power to represent the Grand Unified Micronational as an institution.
  • The Chair has the power to issue unilateral suspensions of membership where necessary, but this unilateral decision may be reversed by the Quorum at any time.
  • The Chair has the power to commission reports on specific subject matters, to authorise emergency measures to preserve the Grand Unified Micronational and to appoint select committees to investigate matters outside of the subject matter of any other GUM authority or organisation.

ARTICLE LXXXVII

  • The Chair is elected on a quarterly basis by a ballot of all Full Members of the Grand Unified Micronational. Once they have served two consecutive terms in office, an incumbent Chair becomes ineligible for re-election and must stand down. A Chair who has reached their term-limit can stand again for election after a break of one or more terms.
  • Nominations for Chair open two weeks before the last day of the quarterly term, with voting opening one week prior to the last day of the quarterly term. In order to be eligible to stand in the election, a candidate must be a Delegate to the Quorum; they must have the permission of their government; they must be representing a full member state and they must not be simultaneously standing for election as Chair of the Presidium of the Supreme Tribune.
  • The election takes place under a system of first-past-the-post. The candidate with the most votes is elected Chair. In the event that two or more candidates should tie for the leadership, an emergency run-off ballot is held to decide on the new Chair.

ARTICLE LXXXVIII

  • Upon election, each Chair shall select a prospective deputy from the Delegates, who, if approved by the Quorum, shall become Vice-Chair. If the Quorum rejects the selection, the Chair shall continue to select prospective deputies until one is approved.
  • The Vice-Chair assists and advises the Chair in their duties, and may act in their place when required in their absence. The Vice-Chair must be a delegate of a full member state.

ARTICLE LXXXIX

The Quorum may vote to remove the Vice-Chair or Chair of the Presidium of the Supreme Tribune from office - they shall automatically be removed from office if their micronation loses the status of a full member state, or if they resign or become Acting Chair. In this scenario, a successor is chosen by the Quorum.

ARTICLE XC

  • Should the Chair resign before the end of their quarterly term, the Vice-Chair shall automatically become Acting Chair, and shall fulfill the role of the Chair until the end of that term. Upon a Vice-Chair becoming Acting Chair, a replacement Vice-Chair shall be chosen by the Quorum if considered necessary.
  • Should an Acting Chair resign before the end of the quarterly term with no new Vice-Chair having been chosen, the Chair of the Presidium of the Supreme Tribune shall automatically become the new Acting Chair, and shall fulfill the role of the Chair until the end of that term. Upon a Chair of the Presidium becoming Acting Chair, a replacement Vice-Chair and Chair of the Presidium shall be chosen by the Quorum as soon as is reasonably possible, who shall both hold office until the end of that quarterly term.

Appendix A: Signatories

We, the honourable members of the GRAND UNIFIED MICRONATIONAL, hereby vow that we will adhere to the principles and orders of this constitution. We declare that we have ratified this document and that we shall adhere to the constitutional order as voluntary members of this association, and verify this declaration with the signatures of our legal representatives, who are:

(Signatures of GUM Members)

Retrieved from "https://commons.micronations.wiki/index.php?title=Constitution_of_the_Grand_Unified_Micronational_(2012)&oldid=1030"