Office of the

Ministry of Magic

Seat of the Minister of Magic

Executive Decree № 1007

A DECREE INSTITUTING A FRAMEWORK OF GOVERNANCE FOR BASIC MAGICAL EDUCATION, GAMES AND SPORTS, ESTABLISHING AUTHORITY AND ACCOUNTABILITY, RENAMING THE DEPARTMENT OF MAGICAL GAMES AND SPORTS AS THE DEPARTMENT OF MAGICAL EDUCATION, GAMES AND SPORTS, AND FOR OTHER PURPOSES

SECTION 1. Short Title. – This Decree shall be known as the “Governance of Basic Magical Education, Games and Sports.

SECTION 2. Purposes and Objectives. – The purposes and objectives of this Decree are:

(a)                 To provide framework for the governance of basic magical education, games and sports which shall set the general directions for education, games and sports policies and standards and establish authority, accountability and responsibility for achieving higher outcomes;

(b)                To define the roles and responsibilities of, and provide resources to, the incorporated offices which shall implement magical education, games and sports programs, projects and services;

(c)                 To make magical schools the most important vehicle for the teaching and learning of the Ministry’s values;

(d)                To ensure that magical schools receive the kind of focused attention they deserve and that magical education, games and sports programs, projects and services take into account the interests of all members of the Ministry;

(e)                 To enable magical schools to reflect the values of the Ministry by allowing teachers/learning facilitators and other staff to the flexibility to serve the needs of all learners;

(f)                  To improve magical schools and to provide the means by which these improvements may be achieved and sustained; and

(g)                To establish magical schools as facilities where members are able to learn a range of core competencies prescribed for magical education, games and sports programs or where the members are provided alternative learning magical education, games and sports programs.

CHAPTER 1

Governance of Basic Magical Education, Games and Sports

SECTION 3. Principles of Shared Governance.

(a)                 Shared governance is a principle which recognizes that every unit in the education, games and sports bureaucracy has a particular role, task and responsibility inherent in the office and for which it is principally accountable for outcomes;

(b)                The process of democratic consultation shall be observed in the decision-making process at appropriate levels. Feedback mechanisms shall be established to ensure coordination and open communication of the offices it incorporates;

(c)                 The principles of accountability and transparency shall be operationalized in the performance of functions and responsibilities at all levels; and

(d)                The communication channels of offices it incorporates shall be strengthened to facilitate flow of information and expand linkages for effective governance;

SECTION 4. Governance. – The Department of Magical Games and Sports shall henceforth be called the Department of Magical Education, Games and Sports. It shall be vested with authority, accountability and responsibility for ensuring access to, promoting equity in, and improving the quality of basic magical education, games and sports.

SECTION 5. Powers, Duties and Functions. – The Head of the Department of Magical Education, Games and Sports shall exercise overall authority and supervision over the operations of the Department. In addition to his/her powers under existing laws, the Head of the Department of Magical Education, Games and Sports shall have authority, accountability and responsibility for the following:

(1)    Formulating magical education, games and sports policies;

(2)    Formulating magical education, games and sports plans;

(3)    Formulating magical education, games and sports standards;

(4)    Monitoring and assessing outcomes;

(5)    Undertaking magical education, games and sports research and studies;

(6)    Enhancing the employment status, professional competence, welfare and working conditions of all the personnel of the Department.

CHAPTER 2

Attachment of the Wizarding Examinations Authority

SECTION 6. Attachment of the WEA. - All functions and activities relative to the conduct of giving Ministry’s Application Exam, Ordinary Wizarding Level, Nastily Exhausting Wizarding Test, Professional Teachers’ Placement and Application Exam shall be administered by the Wizarding Examinations Authority.

CHAPTER 3

Attachment of the High Inquisitorial Squad

SECTION 7. Attachment of the HIS. – This Squad shall conduct formal inquiry to all personnel and students thereof. In addition to his/her powers, he/she shall have authority, accountability and responsibility in checking lesson plans of the teachers, formulating new grading systems and maintaining the standards of a magical school.

CHAPTER 4

Amendment

SECTION 8. High Inquisitorial Squad. – Section 12, Article IV of the 2007 Wizardry Constitution provides that the Department Head shall be the head of offices it incorporates. Through this amendment, this High Inquisitorial Squad shall be subjected to the exemption of the constitutional law. Therefore, the Head will be called as High Inquisitor which to be posted by the Minister of the Ministry of Magic.

CHAPTER 5

Final Provisions

SECTION 9. The Head of the Department of Magical Education, Games and Sports shall submit to the Minister of the Ministry of Magic the proposal of activities, projects and programs pertaining to magical education, games and sports. All activities, projects and programs will not be instituted unless approved by the Minister.

SECTION 10. Rules and Regulations. – The Head of the Department of Magical Education, Games and Sports shall promulgate the implementing rules and regulations within ninety (90) days after the issuance of this Decree: Provided That, Head of the Department of Magical Education, Games and Sports shall fully implement the principle of shared governance within two (2) years after the issuance of this Decree.

SECTION 11. Separability Clause. – If for any reason, any portion of provision of this Decree shall be declared unconstitutional, other parts or provisions hereof which are not affected thereby shall continue to be in full force and effect.

SECTION 12. Repealing Clause. – All laws, executive decrees, executive orders, rules and regulations, part or parts thereof, inconsistent with the provisions of this Decree, are hereby repealed or modified accordingly.

SECTION 13. Effectivity Clause. – This Decree shall take effect one (1) day following the first ever appointment of the Head of the Department of Magical Education, Games and Sports.

Signed by the:

   (Sgd.) Cornelius Oswald Fudge   (Sgd.) Dolores Jane Umbridge

                           Advisor                              Junior Assistant

(Sgd.) Sybill Patricia Trelawney

Senior Undersecretary

(Sgd.) Rufus Scrimgeour

Minister of Magic

Office of the

Ministry of Magic

Seat of the Minister of Magic

Executive Order № 1002

OBSERVANCE ON THE ACCOUNTABILITY OF PUBLIC OFFICIALS

WHEREAS, the 2007 Wizardry Constitution guarantees that there shall be an impeachment;

WHEREAS, Article II, Section 19 of the Wizardry Constitution does not clearly states who are covered or removable by impeachment;

NOW, THEREFORE, I, Rufus Scrimgeour, Minister of the Ministry of Magic, by the executive powers vested in me by law, do hereby order:

        SECTION 1. Public office is a public trust. Ministry officials and other employees and staff must at all times be accountable to the members, serve them with utmost responsibility, integrity, loyalty, and efficiency, act with patriotism and justice, and lead modest lives.

       SEC. 2. The Minister, the Senior Undersecretary, the Junior Assistant, the Advisor, the Members of the Legislative Department, the Members of the Constitutional Commission, the Members of the Wizengamot Administration Office, and the School Headmasters and Headmistress and its Deputies may be removed from office, on impeachment for, and conviction of, culpable violation of the Constitution, perjury, bribery, graft and corruption, other high crimes or betrayal of public trust. All other employees and staff may be removed from office as provided by law, but not by impeachment.

       SEC. 3. (1) The Legislative Department shall have the exclusive power to initiate all cases of impeachment.

       (2) No person shall be impeach unless approved or with concurrence of the majority of its members.

       (3) The Legislative Department shall promulgate its rules on impeachment to effectively carry out the purpose of this section.

       (4) When sitting for an impeachment case, the legislators shall be on oath or affirmation. The Chief Warlock of the Wizengamot shall preside, but shall not vote.

       (5) In case there shall be a tie of votes, the Chief Warlock of the Wizengamot shall vote.

       SEC. 4. After he/she has been impeached, The Chief Warlock of the Wizengamot shall decide what position(s) will be forfeited.

       SEC. 5. This Executive Order shall take effect immediately.

DONE in my office, this 2^nd day of October, Two thousand and Seven.

By the Minister of Magic:

(Sgd.)Rufus Scrimgeour

secretary or, in case of his/her inability, the Junior Assistant or the Advisor shall become the Minister to serve the unexpired term.

The Legislative Department shall, by law, provide who shall serve as Minister in case of death, permanent disability, or resignation of the Acting Minister. He/she shall serve until a Minister shall have been qualified and appointed, and be subject to the same restrictions of powers and disqualifications as the Acting Minister.

Sec. 9. Whenever there is a vacancy in the Seat of the Senior Undersecretary, Junior Assistant, or Advisor during the term for which he/she was appointed, the Minister shall appoint a Senior Undersecretary, Junior Assistant, or Advisor from the Members of the Legislative Department with the express consent of the Commission on Appointments.

Sec. 10. Whenever the Minister writes his/her written declaration that he/she is unable to discharge the powers and duties of his/her office, until he/she writes a written declaration to the contrary, such powers and duties shall be discharged by the Acting Minister.

Sec. 11. In case of serious illness of the Minister, the public shall be informed of the state of his/her health.

Sec. 12. Appointments extended by an Acting Minister shall remain effective, unless revoked by the appointed Minister, within seven days from his assumption or resumption of office.

Sec. 13. The Minister shall nominate and, with the consent of the Commission on Appointments, appoint the department heads, heads of offices, school headmasters or headmistress, high inquisitors, commissioners and other officers whose appointments are vested in him/her in this Constitution.

Sec. 14. The Minister shall have control of all the Legislative Departments, Constitutional Commissions, Bureaus, Offices and Magical Schools. He/she shall ensure that all laws, rules and regulations be faithfully executed.

Sec. 15. The Minister shall be the Commander-in-Chief of the Magical Law Enforcement Squad and whenever it becomes necessary, he/she may call out such forces to prevent or suppress lawless violence, invasion or rebellion, when the public safety requires it, he/she may for a period not exceeding sixty days, suspend the privilege of the writ of habeas corpus or place the entire community under martial law. Within forty-eight hours from the proclamation of martial law or the suspension of the privilege of the writ of habeas corpus, the Minister shall submit a report or in writing to the Legislative Department. The Legislative Department, voting jointly, by a vote of at least a majority of all its Members, may revoke such proclamation or suspension, which revocation shall not be set aside by the Minister. Upon the initiative of the Minister, the Legislative Department may, in the same manner, extend such proclamation or suspension for a period to be determined by the Legislative Department, if the invasion or rebellion shall persist and public safety requires it.

The Wizengamot may review, in an appropriate proceeding filed by any wizard or witch, the sufficiency of the factual basis of the proclamation of martial law or the suspension of the privilege of the writ of habeas corpus or the extension thereof, and must promulgate its decision thereon within thirty days from its filing.

A state of martial law does not suspend the operation of the Constitution.

The suspension of the privilege of the writ of habeas corpus shall apply only to persons judicially charged for rebellion or offenses inherent in, or directly connected with, invasion.

During the suspension of the privilege of the writ of habeas corpus, any wizard or witch thus arrested or detained shall be judicially charged within three days, otherwise he/she shall be released.

Sec. 16. Except in cases of impeachment, or as otherwise provide in this Constitution, the Minister may grant reprieves, commutations, and pardons, and remit fines and forfeitures, after conviction by final judgment.

He/she also have power to grant amnesty with the concurrence of a majority of all the Members of the Legislation.

Sec. 17. He/she have powers to create new legislative departments, constitutional commissions, bureaus, and or offices.

Sec. 18. The salary of the Minister of Magic shall be 100 Galleons.

ARTICLE VI

JUDICIAL DEPARTMENT

Section 1. The judicial power shall be vested in the Wizengamot.

Sec. 2. The Legislative Department shall have the powers to define, prescribe, and apportion the jurisdiction of the Wizengamot.

Sec. 3. The Wizengamot shall be composed of a Chief Warlock, Minister, Head of the Department of Magical Law Enforcement sitting its ex officio composed of 3 members.

Sec. 4. The Wizengamot shall have the following powers:

1.      Order a change of venue or place of trial to avoid miscarriage of justice.

2.      Promulgate rules concerning the protection and enforcement of the constitutional rights, pleading, practice and procedures in the court.

Sec. 5. The Wizengamot shall have administrative supervision over the court and the personnel thereof.

Sec. 6. No muggle and half-blood status shall be appointed of the Wizengamot Administration Office.

Sec. 7. A member of the Wizengamot Administration Office shall be at least fourteen years of age, and has a grade not lower than ACCEPTABLE (A) in any wizarding school.

Sec. 8. The members of the Wizengamot Administration Office shall be appointed by the Head of the Department of Magical Law Enforcement.

Sec. 9. The salary of the Chief Warlock of the Wizengamot and other presiding officers shall be 80 Knuts every hearing.

Sec. 10. The member of the Wizengamot Administration Office shall hold office during good behavior until resignation.

Members of the

CONSTITUTIONAL COMMISSION

Which drafted the

2007 Wizardry Constitution

Of the

MINISTRY OF MAGIC

Rufus Scrimgeour

President

The 2007 Wizardry Constitution

of the

Ministry of Magic