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Article 68-University Legislature |
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| 68.1 |
University Legislature |
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All legislative Powers of the University shall be vested in a Senate (The Senate), which shall consist of one house – a Senate. The Senate shall be made up of seven (7) elected representatives from each State Congress and the University Directors as defined by this Charter.
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Senators shall be appointed for a term of six (6) years corresponding to the fixed terms of the University Executive. Where a Senator is a senator by being a University Director, their term shall be the same as their tenure as University Director.
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| 68.2 |
Power of the Senate |
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Vested by the Charter, the Senate shall have the power to create new bills and amend existing laws into bills for review.
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The Senate shall also have the power to create new budgets for expenditure and financial management of the nation as well as to review the appointments of any person by the executive to a permanent position prescribed by this Charter.
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The Senate also has vested by this Charter the power to commission a University Impeachment for the forced removal of any elected official from the President to any position within any branch of government in the nation.
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Vested by the Charter, the Senate shall have the power to review all bills passed by the Executive and proposed as law, all budgets, expenditure and official planning of the executive.
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The Senate shall not have the power to block money Bills required for the general operation and function of Government.
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The Senate shall also have the power to commission University Commissions of Investigation with the power to call any individual resident within the nation and any information located within the borders of the nation to review.
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| 68.3 |
Senate Sessions |
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Excepting a university election year, every year there shall be four sessions of fixed days corresponding to equal divisions of the year whereby members of Parliament are summonsed to attend.
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Each of these sessions shall be named for the season to which they correspond, namely Summer, Autumn, Winter and Spring Session. A day within a session when members of Parliament are summonsed to sit in Parliament shall be called a Sitting Session Day.
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A day within a session when members of Parliament are not summonsed to sit in Parliament shall be called a Non-Sitting Session Day.
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During a year in which a university election is to be called, the Parliament shall not sit for the Spring session. Instead the last session of Parliament before it is dissolved shall be the Winter session.
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| 68.4 |
Operation of Senate |
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1. Life of Parliament |
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Parliament shall exist for a fixed period of six (6) years before being dissolved ahead of University Elections for a new Parliament.
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2. Prefect of the Senate (Senate Prefect) |
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Responsibility for good conduct and control of the Senate and the scheduling of business within the chamber shall be vested in the Office of Prefect of the Senate (Senate Prefect).
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The Prefect of the Senate shall be an independent role, free from political party preferences. The candidate shall be elected by new senators themselves on the first day of sitting of Parliament following a University Election.
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3. Senate session length |
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The total length of a Senate session shall be determined by the Senate Prefect and shall not be permitted to exceed 28 Sitting Session Days.
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4. Senate attendance |
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The Senate Prefect shall be responsible for the issuing of summons to individual Senators for their attendance to Parliament.
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Excepting special leave granted by the Senate Prefect due to matters of university security, health or extended personal matters, all Senators shall be required to attend the Sitting Session Days as listed in the summons.
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Failure of a Senator to attend six (6) or more Session Sitting Days within one Session shall be deemed a failure to discharge the duties of their office and the Senate Prefect shall be responsible for immediately initiating a Senate Expulsion Motion or a Director Expulsion Motion should the Senator be a University Director.
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Both Vice-Presidents shall be immune from any action for non-attendance breaches.
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5. Dissolution of Parliament |
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Parliament shall be dissolved every four years following that last day of the Winter Session for Parliament.
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The instrument of dissolution shall be three writs issued by the President:
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(1) To the Prefect of The Senate ordering the chamber to the house be sealed until a new Parliament is elected; and
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(2) To the two Vice-Presidents ordering the government to institute caretaker provisions which forbids the appointment of any new positions, the announcement of any new projects or the commissioning of any new expenditure; and
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(3) To the university director of the University Election Commission requiring the commencement of University Election provisions for the conduct of a University Election to elect a new Executive Government and Parliament.
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6. Date of University Election
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The date of a university election shall always occur within the Spring months, allowing 40 days prior to the date of the election for the official campaign period.
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7. Formation of new Parliament |
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The formation of a new Parliament shall occur within 14 days after the University Election day following the count and verification of all votes.
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The instrument of formation of a new Parliament shall be three declarations from the University Director of the University Election Commission:
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(1) To each successful candidate for election to The Senate confirming their validity as the rightful representative of their constituency; and
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(2) To the successful candidate for election as President and the two Vice-Presidents confirming their validity as the rightful executive to form government; and
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(3) To the caretaker President that the election result has been verified and that writs to summons successful candidates to be sworn into Parliament and form the new Executive must now be issued.
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Upon receipt of the declaration, the caretaker President shall be required to issue writs within seven (7) days for the summonsing to Parliament of successful candidates to form the new Parliament and Executive.
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8. Quorum |
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The minimum number of members (quorum) required to be present within the Senate to permit the full exercise of its powers shall be two third the total number of members of that house.
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Parliament shall not be permitted to undertake procedures that require a quorum if the total number of members in the Senate is not equal or greater to the quorum.
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9. Voting |
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Voting in The Senate shall be by open vote expressed as either Yes or No to the proposition before the chamber.
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Voting shall always require a quorum and shall follow the standard procedures listed in this Charter.
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Total votes shall be tallied as either Yes, or No to the proposition expressed by the Bill. A higher total number of Yes votes to No votes shall deem the Bill or proposition has been passed. A higher total number of No votes to Yes votes shall deem the Bill or proposition has been defeated.
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The record, attendance and vote of all members of The Senate shall be recorded on the public record.
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10. Public record of proceedings |
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The sessions on the floor of The Senate shall be open for the public record with all speeches, debates, motions, votes and documents recorded in Hansard.
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Furthermore, all committee meetings and special sessions of reviews shall also be open for the public record, except those proceedings voted and passed by both houses as being regular meetings of university security. An expenditure related review may never be closed to public scrutiny.
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11. Legal privilege |
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During their Attendance at the Session of the Senate, and in going to and returning from the same, all member of Parliament shall be privileged from arrest except in matters of Treason, Felony and Breach of the Peace. Such privilege does not extend to their property or office which shall fall under the normal course of law and investigation and right to search by issued Warrant.
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During debate in the Senate, all spoken and written material presented and entered into the Hansard of proceedings shall be privileged and immune from civil liability.
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| 68.5 |
Legislative and Elections Code |
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By this Charter a Legislative Code shall be formed. The Legislative Code shall provide a legal and functional framework for the good operation of local, regional university and multi-university parliaments, including (but not limited to) parliamentary practice, parliamentary procedure, precedence and resolution.
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By this Charter an Elections Code shall be formed. The Elections Code shall provide a legal and functional framework for the good operation of free and fair local, regional university and multi-university elections, including (but not limited to) methods of voting, independence of vote count, ballot paper production, collection and security, candidate eligibility, party eligibility and conduct of election campaigns.
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All existing and new laws providing for election function and operation shall be subject to inclusion in the Elections Code.
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| 68.6 |
Senate Prefect as Living Ambassador of Legislative and Elections Laws
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By this Charter, the Senate Prefect holds an additional and unique honor and responsibility as the Living ambassador of the Legislative and Election laws of the Society.
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The Senate Prefect represents the legal and living embodiment of these laws in person, such that any injury to this body of laws also represents an injury to the person, represented by living flesh and blood.
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As ambassador and living representative of these laws, the Senate Prefect is bound to protect these laws from injury by their own actions or through any failure of due process or lack of respect of the law.
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| 68.7 |
Formation of a Probationary Senate
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A probationary Senate is formed when approval is given to an application to form a Probationary Senate by one hundred and forty four (144) or more Living Members, subject to the following conditions:
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(a) That no permanent University Senate currently exists for the University; and
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(b) That at least three (3) probationary or permanent Assemblies exist at the time of making the application; and
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(c) That at least one (1) probationary or permanent State Congress exists at the time of making the application; and
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(d) That each member on the application is a current and valid member of the University; and
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(e) That each member on the application has currently resided in the nation for not less than twelve (12) months; and
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(f) That none of the applicants have previously applied for the formation of a probationary Senate.
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Approval of such an application shall be the responsibility of the Union Senate or if no Union Senate is yet formed then by the probationary administrator.
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A probationary Senate shall have the right to temporarily appointment of people to university positions and responsibilities. However, the probationary Senate shall have limited power to undertake financial transactions for or on behalf of the University.
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The approval term for a probationary Senate shall not exceed ten months, by which time the probationary Senate has instituted the correct conditions to become permanent, or be dissolved by the authority of this Covenant.
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Upon approval of granting the creation of a probationary University Senate, the probationary University Senate must within ninety (90) days:
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(a) Elect a probationary spokesperson from amongst the members of the nation as prime representative. This person cannot have the status of a President unless elected to such probationary position by three or more probationary and permanent Governors; and
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(b) Elect and appoint a probationary university board to support the probationary spokesperson; and
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(c) Register with the appropriate university government agencies for status as a non-profit charity including a copy of this Covenant, appropriate fees and member lists, board members and all other required documentation; and
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(d) Open a bank account with at least two signatories and provide this bank account to the probationary administrator; and
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(e) Provide a copy of the registration papers of non-profit charity status.
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If any of these items are failed to be actioned within ninety (90) days, by this Covenant the Supreme Council, or probationary administrator has the right to revoke the approval of the probationary University Senate.
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| 68.8 |
Formation of a permanent University Senate
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Within three hundred and sixty (360) Days since the formation of a probationary Senate, permanency shall be granted to a probationary Senate providing the following conditions are met:
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(a) That at least six permanent Assemblies exist; and
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(b) That combined university membership now constitutes at least 360; and
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(c) That the Senate has held elections and elected a University Board; and
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(d) That no action contravening this Covenant has occurred with the original applicants that would warrant an Internal investigation or their expulsion.
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If any of these items are failed to be actioned by three hundred and sixty (360) Days since the formation of a probationary Senate, by this Covenant the Supreme Council, or probationary administrator has the right to revoke the approval of the probationary University Senate.
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