The Arbiter

Role:

To be the arbiter between the Chamber of Representatives and the Executive Council and to ensure the smooth functioning of government

To negotiate on behalf of the Executive Council all international agreements

  • The Arbiter cannot sign any agreements himself/herself, as it is ultimately the Executive Council’s power to legislate, but having negotiated the agreement himself/himself in coordination with the will of the Executive Council, the Arbiter will then guarantee the law’s passage in the face of a Chamber of Representatives appeal

When the position of Arbiter is made available, it is first offered to the highest ranked Councillor and so on until accepted

  • If not accepted by any of the Councillors, a national election for the position of Arbiter is held, in a similar way as for National Representatives

The position is held for eight years, after which the Chamber of Representatives and Executive Council must vote with an absolute majority of both branches to extend the Arbiter’s term for another four years

The Arbiter is the ceremonial and diplomatic head of state, as well as sole ruler during states of emergency

Powers:

At any time, can question or demand information from the Executive Council and the Elections and Government Bureaucracy

  • Can ask them to inform him/her of the work that they are doing in developing new pieces of legislation
  • Can ask them to explain in what way a certain department’s actions/policies are directly connected to legislation

Upon appeal by the Chamber of Representatives, can strike down or demand an amendment to legislation, or prevent actions of the Executive Council

  • Can only sustain or dismiss the appeal of the Chamber of Representatives. For example, if the Chamber of Representatives wants to strike down a law/action, the Arbiter cannot demand an amendment to the law/action instead. The Arbiter can, however, negotiate with the Executive Council regarding the appeal of the Chamber of Representatives in order to come to a mutually satisfactory agreement: the Executive Council would enact a change to the law/action and the Arbiter would consequently dismiss the appeal of the Chamber of Representatives

Upon appeal by the Chamber of Representatives, can eject the Executive Council

  • The Chamber of Representatives must appeal a piece of legislation or claim that the actions of the Executive Council (or the EGB) contravene a certain piece of legislation or are not sanctioned by any legislation
  • The Arbiter must sustain their appeal. The Executive Council then has 3 weeks to either amend (with a 2/3 majority vote) the legislation or scrap it
    • If the Council does not manage to officially respond (2/3 majority vote) by the end of the 3 weeks, the Arbiter is empowered to dissolve the Executive Council
  • The Chamber of Representatives must then appeal the amendment or claim that the actions of the Executive Council continue to contravene the same piece of legislation or continue to have no legislative sanction
  • The Arbiter must sustain their appeal for a second time. The Executive Council then has 10 days to either amend (with a 2/3 majority vote) the legislation or scrap it
    • If the Executive Council does not manage to officially respond (2/3 majority vote) by the end of the 10 days, the Arbiter is empowered to dissolve the Executive Council
  • The Chamber of Representatives must appeal on the same grounds for a third time or – in the case the Executive Council has scrapped a piece of legislation – to claim that the Executive Council continues to act as if that legislation is still in place
    • The Arbiter is empowered, at this point, to either eject the Executive Council (leading to new elections for all positions on the Executive Council) or to overrule the appeal, even if the facts are on the side of the Chamber of Representatives

Upon request by the Chamber Representatives, can assume emergency powers

  • The Arbiter can make laws and decisions by decree including use of the armed forces
    • Arbiter must make legislation/policy announcements before taking any action whatsoever. That is, the Arbiter is bound by/restricted to his own legislation/official pronouncements due to the fact that the EGB will continue to demand ‘legislative clarity’ before the implementation of any piece of legislation
    • If the Chamber of Representatives wants, it can appeal the decisions of the Arbiter in the conventional manner. The Arbiter is not compelled to honor the Chamber of Representatives’ appeal
  • An 80% majority is required to initiate or terminate emergency rule by the Arbiter
  • The Executive Council is suspended, unless requested in whole or in part to form committees to make legislative recommendations to the Arbiter on specific matters (much like a subcommittee)

Upon request by the Chamber of Representatives, the Arbiter can declare and wage war using the nation’s armed forces

  • Only the Arbiter can order the use of the Armed Forces for combat. The Executive Council is in charge of the Armed Forces at all other times, including in the matters of military procurements, the movement and positioning of military units and for humanitarian/non-combat use 
  • A 2/3 majority vote is required to sanction the Arbiter’s war powers. An 80% majority is required to force the Arbiter to cease the use of the armed forces or to compel the Arbiter to curtail the use of the Armed Forces and/or to promptly negotiate a peace treaty
    • If the Armed Forces are required in order to react to offensive military measures taken by another state/non-state actor, the Arbiter is automatically bestowed with his/her war powers
      • The Chief of the Armed Forces is the person who defines the military actions of the foreign party as ‘offensive’ and also decides whether the Arbiter should be provided with automatic war powers. In effect, the Arbiter is automatically provided with unbridled war powers and is free to expand the initial conflict or initiate combative measures extraneous to the initial cause for which he/she was provided with automatic war powers
        • The Chamber of Representatives then can curtail the on-going use of the Arbiter’s war powers using the mechanism stated above
  • During the time in which the Arbiter is empowered to wage war, he/she is contemporaneously both the exclusive decision-maker in the matters of war as well as the Arbiter in all other domestic and international matters
  • The matters of financing and resourcing war will be negotiated by the Executive Council, the Head of the EGB, the Chief of the Armed Forces and the Arbiter. An updated budget will be negotiated and legislated by the Executive Council
    • If the Executive Council is unwilling to compromise on all or a part of the Arbiter’s (and the Chief of the Armed Forces’) demands, the Arbiter can make overriding legislation
    • The legislation can only pertain to the military budget. The Executive Council then can readjust their civilian budget with the revenues that remain
    • The Executive Council can also legislate for tax/revenue increases in view of the increased military budget 
  • As with the ECB, the Armed Forces has a chief who must ensure that all directives from the Arbiter come by way of official decrees. If something is unclear, the Chief of the Armed Forces must demand clarification, again by way of official decree.
    • Any decree deemed confidential for national security reasons does not have to be made public by the Arbiter or the Armed Forces. The National Representatives are entitled to confidential updates from the Arbiter and be shown the official decrees provided by the Arbiter to the Chief of the Armed Forces. If the Arbiter has cause to believe that the National Representatives or part thereof have leaked some confidential information, he/she can refuse to update all or some of them.