Constitution Review

After reading through the procedure, new or amended Area/Regional Constitutions may be submitted for review here:

1.1          SUBMISSION – Why & When

Duly approved (according to respective Constitutions) amended (or new) Area/Regional Constitutions are to be submitted to the International Council for approval (International Constitution, Guideline 408 & ARTICLE XI, Section 3)

INTERNATIONAL CONSTITUTION –

ARTICLE IV – LEGISLATIVE OFFICERS

Guideline 408  – Area Constitutions or Area Guidelines shall not be in conflict with the International Constitution. Where there is a conflict that portion of the Area Constitution or Area Guidelines causing the conflict shall be treated as invalid and the International Constitution shall prevail. These Constitutions or Guidelines and any revisions of them must be submitted to the International Council for approval.

ARTICLE XI – REGIONS

Section 3 There shall be Regional Constitutions which shall not be in conflict with the International Constitution. These Constitutions, and any revisions of them, shall be submitted to the International Council for approval.

The Constitution Review Committee (CRC) strongly urges that Areas/Regions submit a draft of the amended text for a preliminary study before its approval by the Area/Region.  The procedure to amend a Regional/Area Constitution is generally long, entailing serious effort and requiring especial majorities.  The CRC can advice and avoid loss of time and effort by the Area/Region by pointing out dispositions in eventual conflict with the International Constitution that will be an obstacle for recommendation/approval.

1.2      SUBMISSION – By and to Whom

By respective AP or RD.

To CRC Chpsn with copy to IP and ISG. >> Submission form

ICM 2012, Approved Motion 18:
That, as a policy, Area and Regional Constitutions, or its amendments requiring International Council approval, be submitted by the respective AP or RD to the Chair of the International Constitution Review Committee with copy to the International President and the International Secretary General.
(21 Yes – Motion Carried)

1.3         SUBMISSION – How

1.3.1   In case of a new Area/Region, the constitutional text in English should be submitted.

1.3.2    In case of amendments to a previous text, the constitutional text in English should be submitted, together with a document in English, in two columns, with side-by-side comparison of dispositions in current constitution and the text of proposed/newly approved version, with amendments in the latter highlighted.  This eases not only study by the CRC, but also later by the International Council Members.

A preliminary study conducted by the CRC Chpsn. determines the existence/inexistence of conflict with the International Constitution.

2.1    In absence of flagrant conflict with the International Constitution, the submitted constitutional texts are circulated to the Members of the International CRC.

2.2   When a potential conflict is clear from a proposed text, the submitting Region/Area is advised about it in detail by the CRC Chpsn., with explanation on how to correct it, and the request to submit the corrected text.  This procedure will be repeated until the proposed constitutional text is in accordance both with the aim of the Region/Area and with the International Constitution. Then it is circulated to the CRC Members for their opinions.

These are shared as pertinent with the Area/Region and when the corrected constitutional text is approved by the Area/Region and resubmitted, it is circulated to CRC Members.

2.3   Should some potential conflict be detected in a constitutional text already approved by Area/Region, the document is circulated to the CRC Members for their opinions.

3.1   The International CRC Members receive the constitutional text to be reviewed from the Chpsn, with indication of a deadline for input (which varies according to the complexity of the submitted text) and without the CRC Chpsn.’s opinion, not to bias the procedure in any way.

3.2   CRC Members freely express their opinions, sharing them in the CRC e-mail group. This generally leads to an exchange of ideas, until every Member individually expresses that, in absence of conflict with the International Constitution, the constitutional text submitted may be recommended for approval or, on the contrary, that it may not be recommended.

3.3   In case of dissent, further exchanges trying to clarify matters are conducted.

3.4   Most of the decisions to recommend are  consensual.  In case of opposition/silence (even after supplementary explanations and additional requests for answer) the resolution to recommend or not to recommend is adopted by simple majority of CRC Members’ opinions.

3.5   The International CRC can not  -and will not-  correct the submitted text approved by the Area/Region, except in cases of evident misspelling or lack of/erroneous punctuation, always with notice to respective Area/Region.

4.1   When the CRC decision is not to recommend the submitted Constitution to the International Council for approval, the Area/Region receives a full explanation from the International CRC Chpsn. about conflict/s with the International Constitution detected and how to correct them for re-submission.  Copy goes to the IP and ISG.

4.2   When the CRC decision is to recommend the submitted Constitution for approval by the International Council, the Area/Region are so informed, with or without observations as the case may be.

The recommendation to the International Council for approval is formulated and e-mailed, accompanied by the submitted constitutional text and the comparative document, noting duly submission to the CRC and absence of any conflict with the International Constitution. When pertinent, observations formulated to the Area/Region are included. When so requested, the CRC also communicates the interest of the Area/Region to have said approval through an e-ballot vote without waiting for next IC Meeting.

The recommendation is addressed to the International Council, through the IEOs and the ISG, so to be included in the International Council’s agenda.

On due date, the International Council considers the submitted documents and the International CRC recommendation, proceeding to approve (or eventually not to approve) the submitted Area/Regional Constitution.

A copy of the approved Constitution and a certificate of approval issued by the IP and ISG, are sent by IHQ to the Area/Region and to the International CRC Chpsn., who circulates them to the Members.  In case approval is granted at an International Council Meeting, copy of the approved motion is circulated.