A Written Constitution

What is the purpose of a Written Constitution?

A Written Constitution forms an ongoing contract between a nation’s citizens and their government – a contract which outlines in enough detail, what a citizens’ government is allowed to do and is limited to do by assent from the citizenship. The government is not able by law to operate outside of the limits set out in the constitution. The constitution belongs to the citizenship and cannot be modified without the citizenship’s specific approval. The constitution ensures that no politician or political organisation in government or in the National Assembly can step outside its boundaries or enact laws or powers which break its statute. The citizenship as a whole, and all agencies and organisations within a nation, are duty-bound to defend the constitution at all costs. The structure of the system of government ensures the defence of the constitution, through, as a first port of call, the office and officers of the non-executive President, elected solely by the citizens, and guaranteed, a non-politician. This will be discussed later on.

Why is a Written Constitution necessary?

Without a Written Constitution, there are no limits as to what a body politic can, in theory. A government, if it so desires, can enact any laws, and any politician and political organisation in positions of power, can do anything they like. How, it is true that checks and balances within a system without a written constitution may exist, but they are informal and without statute, and if the political will within government is strong enough, they can easily be overridden. In Britain, at present, there is no written constitution, and constitutional matters, when they arise, are often referred to so-called constitutional experts who may pass judgement on the issue in question, but as nothing is written down and therefore valid in law, their judgements are matters of opinion and may differ from expert to expert, even though there are in fact few ‘experts’. The unwritten constitution in Britain can change at any time, if the government decides to push it in any particular direction, to meet its current needs. In this sense, a government acts in its own interests, and not in the interests of all of the citizenship. The current constitution is defined purely by precedent – ie what has been done before – and therefore, it is perfectly within any governments scope to define a new precedent at any time. This is not to be encouraged.

Also in Britain currently, all of the instruments of power are defined to be in the ownership and interests of the crown. The government is the government of the crown, the courts are the courts of the crown, the Police service and all other agencies are those of the crown – not the people, the citizens. The people are merely subjects, and whilst the crown cocks a hat at the notion of democracy, there is no real democracy in effect. The democracy that exists is at the whim of the crown. If the crown and its agencies were to suddenly declare ‘We don’t like this version of democracy any more – we’re going to suspend it’, there is nothing in law to prevent them doing so – nothing. It is extremely unlikely to happen at least at present, but there is nothing to prevent it. This cannot be right. A Written Constitution is a major step towards ensuring that the system operates at all times, on behalf exclusively of the citizenship. The government then becomes the people’s government, the courts, the people’s courts, and the forces of law and order, and all other agencies, become those of the people. Power resides with the citizens as a whole, not with the Head-of-State, nor with politicians.

Whose interests are served by a Written Constitution?

As clearly expressed, a system similar to that which exists in Britain today, supports the interests almost exclusively of the State and the so-called elite who preside over it. In a system where there is an elected Head-of-State then, depending on the type of the institution of the Head-of-State (executive or non-executive) then the system, in most current democracies, supports the interests of the so-called political elite and their friends. In a system with a Written Constitution formulated in the correct broad way, with the full involvement of the citizens, and with a non-executive Head-of-State, elected by universal suffrage, and with some other notable system changes, the system operates in the interests exclusively of the citizenship. This is why a Written Constitution is absolutely fundamental to the whole concept of democracy. Without it, democracy is a sham.

Breadth and Scope of a Written Constitution

Written constitutions investigated so far have been the Irish and German constitutions. This is obviously only a limited number and the Polish and US constitutions await examination, at the time of writing. It is apparent that the two constitutions studied so far, are, in the view of the author, too narrow. There is an argument that a written constitution should not box in politicians when they have to deal with the realpolitik of national and international affairs, giving them room to manoeuvre in any situation that arises. This however is a phoney argument, and one which stems from the ideas that power should be vested permanently within the hands of the political elite and their circle of friends. In a society where power is embedded permanently in the citizenship, the written constitution defines how the political class is able to execute its function under the constant gaze of the people who elected them to office. The ‘room to manoeuvre’ argument is specious here as there is no justification at any time for the political classes to operate outside of the limits set by the contract which the constitution represents, thus breaking the trust of the citizenship. Therefore, at this point, it will be asserted that the written constitution needs to be broad and comprehensive, pushing itself into many areas of systems of government, processes and infrastructure at all levels to ensure that power really does always remain in the hands of every citizen.

In this context, what defines Citizenship?

Citizenship, in this context, is possibly better summarised with the idea of ‘stakeholder-ship’, where a stakeholder (every citizen) is an active, participative, empowered, democratic citizen, and is encouraged and assisted in developing this significant part of their persona through all stages of education and upbringing to mature adulthood, when they become an independent stakeholder themselves. The adjectives ‘active’ and ‘participative’ can be defined as follows:

  • an ‘active’ citizen is one who continually takes an active interest in all ‘community’ activities which may be social, political, economic. Infrastructural, cooperative or voluntary, and is by the very nature of the word, ‘active’ in at least some of these areas
  • a ‘participative’ citizen is one who participates by contribution to the maximum in the same sorts of areas – for example, steps outside the box of their job description to contribute more in the workplace of the community enterprise where they work. Note that it is vital that the people in charge of operations in these places fully recognise that a participative citizen in the workplace is not a resource to be exploited, but an equal member of a workplace community at enterprise

The adjective ‘empowered’ can be defined as follows:

  • an ‘empowered’ citizen owns, and knows they own, an equal share of democratic power, no more and no less than any other. Empowerment requires active participation, and is a decision taken by the citizen, a decision which has to be seeded by development through growing years by the pervading culture. Empowerment is not a gift, delivered by the state in the form of a conceptual ‘certificate’ or ‘badge’. It is an embedded state of being which the citizen must take up themselves. This is an imperative.

The adjective ‘democratic’ can, in this context, be defined as follows:

  • a ‘democratic’ citizen fully understands just how important genuine democracy is to freedom and liberty, and defends it at all costs. This requires a developmental education in the history and meaning of democracy, citizenship and the concept of rights and responsibilities.

What is the definition of a Right?

A ‘Right’ is the most fundamental part of law which applies equally to every citizen. It is owned by each citizen within their own space and is inalienable. It is more important on the statute book than any other law and should be embedded in the psyche of every citizen, and equally defended by all. This concept of personal ownership of rights extends, of course, to every citizen who operates the system, processes and infrastructure, and function as a part of the system of government and the state. They too are citizens, nothing more, nothing less.

What should be included in a Written Constitution?

The following areas identify, in the mind of the author, just what should sit within the scope of a written constitution:

  • an embedding of the rights, in very simple terms, of every citizen
  • a clear, yet concise definition of the system, processes and infrastructure of government at all levels. This will include the role and responsibilities of government at each level and the relationship between different parts
  • a clear, yet concise definition of the role and responsibilities of the Head-of-State, including how they are selected and the processes they own
  • a clear, yet concise definition of how information is disseminated throughout the citizenship using embedded infrastructure and processes
  • a clear, yet concise definition of how the judiciary is structured and how the legal system operates
  • a clear, yet concise definition of how the constitution is managed, protected and modified if necessary
  • a clear, yet concise definition of how emergency powers are enacted if and when necessary

This scopes the idea of a written constitution. It should be noted that a written constitution needs to be concise and understandable in nature and not run to pages and pages, and in particular, should avoid legal jargon and complexities in language. It is the people’s document and they must have a clear understanding of its content.

There follows on the first free page a draft written constitution for an unspecified country.



The Constitution of Methadonia

Prologue: We, the People

We, the Methadonian people, acting through our duly elected representatives in the National Assembly, determined that we shall secure for ourselves and our posterity the fruits of peaceful cooperation with all nations and the blessings of liberty throughout this land, do proclaim that sovereign power resides with the people and do firmly establish this Constitution as the supreme law of Methadonia.

Government is a sacred trust of the people, the authority for which is derived from the people, the powers of which are exercised by the representatives of the people, and the benefits of which are enjoyed by the people. This is a universal principle of mankind upon which this Constitution is founded. We reject and revoke all constitutions, laws, ordinances, and rescripts in conflict herewith.

We, the Methadonian people, desire peace for all time and are deeply conscious of the high ideals controlling human relationships, and we have determined to preserve our security and existence, trusting in the justice and faith of the peace-loving peoples of the world. We desire to occupy an honoured place in an international society striving for the preservation of peace, and the banishment of tyranny and slavery, oppression and intolerance for all time from the earth. We recognize that all peoples of the world have the right to live in peace, free from fear and want. We believe that no nation is responsible to itself alone, but that laws of political morality are universal; and that adherence to such laws is incumbent upon all nations who would sustain their own sovereignty and justify their sovereign relationship with other nations. We meet the world with personal and collective self-confidence, presenting a warm, welcoming and positive national face.

We, the Methadonian people, pledge our national honour to accomplish these high ideals and purposes with all our resources.

Chapter 1: The Republic

Overview and Definitions

Article 1

The Republic of Methadonia (“the Republic”) shall be a truly democratic republic adhering at all times to the concept of the rule of law, without fear or favour, nationally and internationally.

Article 2

The Republic shall be a Federal Republic made up of a number of individual Nation States functioning together as equal partners.

Article 3

The Nation consists of every resident person within the geographic borders defining the Republic, individually respected as full and equal citizens under the law, along with those citizens resident outside the geographic borders who have citizenship by right as defined in this document.

Article 4

A citizen of the Republic shall be an equal stakeholder in the nation – an empowered, active, participative, democratic member of the community of the Nation, maturing as such on reaching their eighteenth birthday. However, each citizen shall have the right to vote from their sixteenth birthday.

Article 5

Every citizen below the age of eighteen shall be developed, encouraged and supported from the start of their life to achieve mature citizenship (as defined above) by all, in particular led by the instruments of government and public administration.

Article 6

The Republic shall ensure freedom for the creation and functioning of political parties by citizens. Political parties shall be founded on the principle of voluntary participation and upon the equality of citizens, and their purpose shall be to influence the formulation of the policy of government by democratic means.

Article 7

Political parties shall be required to adhere to the following principles:

  • Political parties standing for election in more than 20% of the constituencies shall have
    • A published written constitution
    • A leadership elected by one-member one-vote
    • Registered membership only of citizens of the Republic, to include each candidate for the National Assembly
    • Published fully-audited accounts
    • A manifesto to include a set pattern outlining clear policy objectives, intentions and overviews in specific areas, against which they can be measured
  • Funding shall be
    • fully declared and open to full public scrutiny
    • by citizens of the Republic only, who are registered for national taxation, to a maximum of 10,000 currency units per year

Article 8

The public funding of political parties shall be defined by statute [to follow the Canadian model], with the following provisos:

  • Political parties shall be reimbursed for their election spending to the tune of 75% with a cap as defined by statute
  • Political parties’ election expenses shall be fully and transparently declared
  • Following an election, each political party shall receive a share of a funding pot proportional to the number of votes they received at the election, which shall provide a foundation for their funding until the next election. The size of the funding pot shall be specified by statute.

Article 9

Citizens shall be free to create and participate in any sort of organisation they choose without hindrance from the state, under the concept of the rule of law, without fear or favour.

Article 10

The Republic shall not be officially associated with any religious denomination or practice, although there shall be no limitation on the activities of any organised religious body, within the scope of the Constitution and statute.

Article 11

The Republic shall have a national anthem which shall not favour any political or religious outlook, and will represent in its words and sentiment the whole citizenship.

Article 12

The defence of the Republic and its geographic boundaries shall be the responsibility of all citizens and their representative organisations, agencies and institutions.

Instruments of truly democratic representative government of the Republic

Article 13

The Head-of-State of the Republic shall be elected by universal suffrage for a predefined term of office as described in this document.

Article 14

Representatives of the citizenship of the Republic shall be elected by universal suffrage for a predefined term of office, shall assemble in a two-House Federal Assembly, and from their numbers a federal government shall be formed as described in this document.

Article 15

Representatives of the citizenship of each Nation State making up the Federal Republic shall be elected by universal suffrage within the Nation State for a predefined term of office, shall assemble in a two-House State Assembly, and from their numbers a State government shall be formed as described in this document.

Article 16

Representatives of the citizenship of each local District making up each of the States of the Federal Republic shall be elected by universal suffrage within the local district for a predefined term of office, shall assemble in a District council, and from their numbers a local government administration shall be formed as described in this document.

Article 17

The delegation of powers for each tier of government (Federal, State and District) shall be defined by statute.

Article 18

There shall be a single Civil Service organisation which executes administrative duties as directed by the representatives of the citizenship in each tier of government.

Article 19

The law shall be administered without fear or favour, by a Judicial system, operating independently of the Executive, as described in this document.

Chapter 2: The Rights and Responsibilities of Citizens

General Principles

Article 20

The dignity of every individual shall be inalienable and sacrosanct at all times, and shall be protected by all, in particular the instruments of government and public administration.

Article 21

Citizenship includes a responsibility to respect and protect the universal rights and freedoms of every fellow citizen.

Article 22

All citizens shall be equal before the law, and shall have the right to equal treatment by public authorities.

Article 23

Discrimination on any basis shall be unlawful.

Article 24

Citizenship of the Republic shall be acquired either by birth to parents, at least one of whom is a citizen of the Republic themselves, or by birth within the geographic borders of the Republic. Other methods of acquiring citizenship shall be specified by statute.

Article 25

Citizens shall have the right to protection by the Republic wherever they reside.

Article 26

Anyone, being under the authority of the Republic, shall enjoy the rights and freedoms ensured by the Constitution.

Article 27

Equally, all who accept the rights and freedoms enjoyed under the Constitution, shall accept the responsibilities brought along with it.

Personal Rights and Freedoms

Article 28

The Republic shall ensure the legal protection of the life of every human being. The application of capital punishment shall be prohibited.

Article 29

No one shall be subjected to scientific or medical experimentation without their voluntary consent.

Article 30

No one shall be subjected to torture or cruel, inhuman, or degrading treatment or punishment. The application of corporal punishment shall be prohibited.

Article 31

The deprivation or limitation of liberty shall be imposed only in accordance with due process of law, without fear or favour, and then subject to appeal through the Judicial system.

Article 32

Every detained individual shall be informed, immediately and in a manner comprehensible to them, of the reasons for such detention. The individual shall, within 48 hours of detention, be given over to a court for consideration of the case and shall be set free unless a warrant of temporary arrest issued by a court, along with specification of the charges laid, has been served on them within 24 hours of the time of being given over to the court’s disposal.

Article 33

The detention of any individual has no effect on all other rights and freedoms under the Constitution. Anyone who has been unlawfully deprived of liberty shall have a right to compensation.

Article 34

Anyone against whom criminal proceedings have been brought shall have the right to defence at all stages of such proceedings. They may, in particular, choose counsel or avail themselves – in accordance with principles specified by statute – of counsel appointed by the court.

Article 35

Everyone shall be presumed innocent of a charge until their guilt is determined by the final judgment of an official court.

Article 36

Everyone shall have the right to a fair and public hearing of their case, without undue delay, before a competent, impartial and independent court.

Article 37

Everyone shall have the right to legal protection of their privacy, family life and home, of their honour and good reputation in truth and to make their own decisions about their personal life.

Article 38

Parents shall have the right to rear their children in accordance with their own convictions under the law, whilst recognising their responsibilities in developing, encouraging and supporting maturity of citizenship as a key attribute. Such upbringing shall respect the degree of maturity of a child as well as their freedom of conscience, beliefs and convictions.

Article 39

No one may be obliged, except on the basis of statute, to disclose information concerning themselves.

Article 40

Public authorities shall not acquire, collect nor make accessible, information on citizens other than that which is necessary in a democratic nation ruled by law.

Article 41

Everyone shall have a right of access to official documents and data collected concerning themselves.

Article 42

Everyone shall have the right to the correction or deletion of untrue or incomplete information, or information acquired by means contrary to statute.

Article 43

Principles and procedures for collection of information shall be specified by statute.

Article 44

Principles and procedures for access to information shall be specified within this document and by statute.

Article 45

Freedom of movement, including the right to leave and enter the country, and the right to residence are guaranteed for every citizen, unless limited by specific application of law.

Article 46

Freedom of conscience, beliefs, thought and expression are guaranteed for every citizen.

Article 47

The extradition of a citizen of the Republic shall be prohibited, except in cases specified as follows:

  • Extradition of a citizen of the Republic may be granted upon a request made by a foreign state or an international judicial body if such a possibility stems from an international treaty ratified by the Republic or a statute implementing a legal instrument enacted by an international organisation of which the Republic is a member, provided that the act covered by a request for extradition:
    • was committed outside the territory of the Republic, and
    • constituted an offence under the law in force in the Republic or would have constituted an offence under the law in force in the Republic if it had been committed within the territory of the Republic, both at the time of its commitment and at the time of the making of the request.
  • Compliance with the conditions specified in the above point shall not be required if an extradition request is made by an international judicial body established under an international treaty ratified by the Republic, in connection with a crime of genocide, crime against humanity, war crime or a crime of aggression, covered by the jurisdiction of that body.

Article 48

The extradition of a person suspected of the commission of a crime for political reasons but without the use of force shall be forbidden, so as an extradition which would violate rights and freedoms of persons and citizens.

Article 49

The courts shall adjudicate on the admissibility of extradition.

Article 50

Foreigners shall have a right of asylum in the Republic in accordance with principles specified by statute.

Article 51

Foreigners who seek protection by the Republic from persecution, may be granted the status of a refugee in accordance with international agreements to which the Republic is a party.

Political Rights and Freedoms

Article 52

The freedom of peaceful assembly and participation in such assemblies shall be ensured to everyone. Limitations upon such freedoms may be imposed by statute.

Article 53

Freedom of association shall be guaranteed to everyone, subject to the responsibilities of citizenship.

Article 54

If, no later than on the day of vote, they have attained the age of sixteen, a citizen shall have the right to participate in a referendum and the right to vote for the President of the Republic as well as representatives to the Federal and State Houses of Representatives and Senates, and organs of local government.

Article 55

Citizens who, by a final judgment of a court, have been subjected to legal incapacitation or deprived of public or electoral rights, shall have no right to participate in a referendum nor a right to vote.

Article 56

Every citizen has the right to be active and participate in all political activity at all times regardless of proximity to times of elections.

Article 57

Every citizen shall have full access to their political representatives at all times through a variety of communication vehicles to be defined by statute, enabling petitioning, and scrutiny of political activity undertaken by said representatives.

Economic, Social and Cultural Rights and Freedoms

Economic Rights

Article 58

Every citizen shall have the right to the acquisition, ownership and disposal of property, with legal protection equally guaranteed under the law.

Article 59

Every citizen shall have the right to choose their economic activities, and be active and participate in any such way as fits their interests.

Article 60

Any citizen shall only be employed in a full-time permanent role after their eighteenth birthday.

Article 61

The government of the Republic shall set a minimum living remuneration for employment, which shall be modified to reflect changes in the cost of living.

Article 62

Everyone shall have the right to safe and hygienic conditions of work. The methods of implementing this right and the obligations of employers shall be specified by statute.

Article 63

An employee shall have the right to statutorily specified days free from work as well as annual paid holidays; the maximum permissible hours of work shall be specified by statute.

Article 64

A citizen shall have the right to social security whenever incapacitated for work by reason of sickness or invalidism as well as having attained retirement age. The scope and forms of social security shall be specified by statute.

Article 65

A citizen who is involuntarily without work and has no other means of support, shall have the right to social security, the scope of which shall be specified by statute.

Article 66

Every citizen, regardless of Age, Able-bodied-ness, Beliefs (Philosophical, Political and Religious), Ethnicity, Gender, or Sexual Orientation shall have equal rights and opportunities for employment.

Social [Health, Education, Family, Housing, Services] and Cultural Rights

Article 67

Everyone shall have the right to have their health protected.

Article 68

Everyone shall have equal access to health and social care services, financed from public funds, irrespective of their material situation. The conditions for, and scope of, the provision of services shall be established by statute.

Article 69

Everyone shall have equal access to education, financed from public funds, irrespective of their material situation. The manner of fulfilment of schooling obligations shall be specified by statute.

Article 70

Parents shall have the right to choose schools other than public for their children. Citizens and institutions shall have the right to establish primary and secondary schools and institutions of higher education and educational development institutions.

Article 71

The conditions for establishing and operating non-public schools, the participation of public authorities in their financing, as well as the principles of educational supervision of such schools and educational development institutions, shall be specified by statute, in full alignment with the condition that it shall be illegal to accept payment, or donations for primary and secondary education.

Article 72

The autonomy of the institutions of higher education shall be ensured in accordance with principles specified by statute.

Article 73

Families, finding themselves in difficult material and social circumstances – particularly those with many children or a single parent – shall have the right to special assistance from public authorities.

Article 74

A mother, before and after birth, shall have the right to special assistance from public authorities, to the extent specified by statute.

Article 75

A citizen, prior to reaching the age of maturity, shall have the right to protection from the Republic against violence, cruelty, exploitation and actions which undermine their moral sense.

Article 76

A citizen, prior to reaching the age of maturity, deprived of parental care shall have the right to care and assistance organised by public authorities.

Article 77

A citizen, prior to reaching the age of maturity, shall expect that their views are given priority by organs of public authority and responsible persons, in the course of establishing their rights.

Article 78

Every citizen shall expect the public authorities to pursue policies which satisfy their housing needs across all levels of provision, with particular emphasis on entry-level accommodation. Homelessness shall be deemed unacceptable and its elimination shall be the statutory responsibility of government.

Article 79

Citizens who rent accommodation shall have their rights protected by statute and practice.

Article 80

Every citizen shall have the right to

  • clean water for drinking and washing,
  • waste water services,
  • heating and lighting
  • and the infrastructure for food preparation.

Article 81

The conditions for, and scope of, the provision of services shall be established by statute.

Article 82

The freedom of artistic creation and scientific research as well as dissemination of the fruits thereof, the freedom to teach and to enjoy the products of culture, shall be ensured to everyone.

Article 83

Every citizen, in their role as a consumer of goods and services, will have their rights in these areas protected by statute and practice.

Means for the Defence of Rights and Freedoms

Article 84

Everyone shall have the right to compensation for any harm done to them by any action of an organ of public authority contrary to law.

Article 85

Statutes shall not bar the recourse by any person to the courts, including the Constitutional Court, in pursuit of claims alleging infringement of rights or freedoms.

Article 86

The Security Services shall have, as a primary objective, the protection of all citizens’ rights and freedoms, and defence of the Constitution from subversion by anyone. Oversight of the Security Services is defined within this document.

Article 87

Every citizen, individually and collectively, shall defend and protect the Constitution in word and practice at all times.

Responsibilities

Article 88

Every citizen shall assume the role of a stakeholder (based on their interests and predilections) developed from formative years, fully supported by the community and instruments of government and public administration.

Article 89

Every citizen has the duty to embrace empowerment, by recognising that they hold an equal share of power to every other citizen, and by exercising it in a responsible way.

Article 90

It is the duty of every citizen to defend the Constitution from all threats.

Article 91

It is the duty of every citizen to defend and protect the rights and freedoms of all citizens.

Article 92

It is the duty of every citizen to abide by the concept of the rule of law at all times. This does not diminish the overriding duty to protect the Constitution, and rights and freedoms from unjust laws.

Article 93

It is the duty of every citizen to defend democracy and democratic institutions in word and practice.

Article 94

It is the duty of every citizen to contribute openly and fairly to the funding of the Republic as laid down by statute.

Article 95

It is the duty of every citizen to contribute to the defence of the Republic in times of National Emergency.

Article 96

It may be required that every citizen forgoes some of their time to enable training and readiness in case of National Emergency, as defined by statute.

Article 97

It is the duty of every citizen to protect and enhance where possible, the natural environment, recognising the right of non-human species to equal evolutionary opportunities.

Article 98

It is the duty of every citizen to vote at every opportunity available as laid down by statute.

Chapter 3: Sources of Law

Article 99

The sources of universally binding law of the Republic shall be:

  • the Constitution,
  • statutes at all levels of government,
  • and international agreements ratified by national statute.

Article 100

International agreements shall be ratified by the Republic through the procedures and processes of the National Assembly.

Article 101

The Republic may, by virtue of international agreements, delegate to an international organization or international institution the competence of organs of national authority in relation to certain matters. The Republic will reserve the right to renounce and bring to a conclusion international agreements as it sees fit, in an appropriate manner.

Article 102

Each level of government in their own right shall make law for their specific areas of responsibility which are applicable within the geographic boundaries of their remit.

Article 103

The Constitution is the supreme source of law and shall not be overridden by any other.

Article 104

Federal law shall take priority over State and District law, and State law shall take priority over District law.

Chapter 4: The House of Representatives & The Senate

Article 105

The Federal House of Representatives and the Senate shall be the sole legislative bodies of the Republic as a whole. They are sovereign on all federal matters subject to the Constitution and statue.

Article 106

The House of Representatives and the Senate of the individual Nation States shall be the sole legislative bodies of the Nation States as a whole. They are sovereign on all national matters for which they are responsible subject to the Constitution and statute.

Article 107

The District councils of each Nation State shall be the sole legislative bodies of the District as a whole. They are sovereign on all district matters for which they are responsible subject to the Constitution and statute.

Elections and the Term of Office

Article 108

The House of Representatives shall consist of 700 members elected by the Single Transferable Vote system of Proportional Representation for a fixed 5-year term.

Article 109

The Senate shall consist of 190 members elected by Single Transferable Vote system of Proportional Representation for a fixed 5-year term, and a further 60 Independent (unaffiliated politically) members elected by the List System.

Article 110

In the case of Independent candidates for the Senate, in order to make the list, each candidate shall be proposed by a minimum of 50,000 citizens of voting age. The details of how the Independent List System functions shall be specified by statute.

Article 111

There will no appointed members of either house, of any kind.

Article 112

Elections to both houses shall be universal, equal, direct and proportional and shall be conducted by secret ballot. Voting by citizens shall be compulsory, with incentives and sanctions defined by statute.

Article 113

The President of the Republic shall call elections to the House of Representatives and Senate no later than 90 days before the expiry of the fixed 5-year term, to be held within the 30 day period prior to the expiry of the fixed 5-year term.

Article 114

If the Government loses a vote of no confidence in the House of Representatives, the President shall invite political parties represented in the House of Representatives to attempt to form a new government which can command the confidence of the House. If this cannot be achieved within 15 days of the vote of no confidence, the President shall call elections to both houses within 30 days of the end of this period.

Article 115

Neither the Prime Minister nor the Government shall have it in their power to call elections whenever they choose.

Article 116

Every citizen having the right to vote, who, no later than on the day of the elections, has attained the age of 21 years, shall be eligible to be elected to the House of Representatives.

Article 117

Every citizen having the right to vote, who, no later than on the day of the elections, has attained the age of 30 years, shall be eligible to be elected to the Senate.

Article 118

No person sentenced to imprisonment by a final judgment for an intentional indictable offence may be elected to the House of Representatives or the Senate.

Article 119

Candidates for Representatives and Senators may be nominated by political parties or voters.

Article 120

No one may stand for election to the House of Representatives and the Senate at the same time.

Article 121

The principles of, and procedures for the nomination of candidates and the conduct of the elections, as well as the requirements for validity of the elections, shall be specified by statute.

Article 122

The Supreme Court shall adjudicate upon the validity of the elections to the House of Representatives and the Senate.

Article 123

A citizen shall have the right to submit a complaint to the Supreme Court against the validity of the elections in accordance with principles specified by statute.

Representatives and Senators

Article 124

A Representative or Senator shall not at the same time, hold any other public offices, including within the Armed Forces, the Security Services, the Judiciary and the Police service.

Article 125

Representatives and Senators shall exercise Free Will at all times, being transparently accountable to the citizenship for their words and actions. They shall be representatives of the whole citizenship, not bound by orders or instructions and responsible only to their conscience.

Article 126

Representatives and Senators shall be sworn into office with the following oath:

“I do solemnly swear to abide by, and defend the Constitution and to abide by all statute, representing all of my constituent citizens fully on their behalf, without fear or favour, and to do everything in my power to enhance their lives in equality, and to give my full service to the Republic”

Article 127

Representatives and Senators shall be free to say anything in the exercising of their mandate within the House where they operate. They shall only in this regard be held to account by the rules of the House, upheld by the Speaker.

Article 128

Members elected to be Representatives or Senators shall receive adequate remuneration and shall receive no other income from any other employment during their term of office. Neither they nor members of their immediate family, shall receive any perks or benefits from any other source during this time.

Article 129

Members elected to be Representatives or Senators shall have their administrative and support needs met by appointed officers of the Civil Service, and shall not employ their own staff.

Article 130

Legitimate expenses shall be managed by an office within the National Audit Office and shall be defined by statute.

Organisation and Functioning

Article 131

The procedures of the National Assembly will be laid down in statute by a Parliament Act, subject to the following:

  • Each House shall elect a member as The Speaker of the House in question, whose responsibilities shall include the guardianship of the Operating Procedures & Administration of the House. They will serve until retirement or replacement. If 75% of the members of the house in question pass a vote no confidence, the Speaker shall be replaced.
  • The Speaker shall have the casting vote in case of tied votes.
  • Committees of Representatives and Senators shall be elected, set up & operating within 30 days of a new National Assembly following an election.
  • Committees can only be dissolved by majority vote of the National Assembly in both Houses.
  • Committees consist of members from both Houses.
  • Committees can commission reports from the Office of National Information (the “ONI”) as specified in this document.
  • Anyone called to give evidence to a committee shall do so under oath, subject to the law.
  • The sittings of both Houses, along with the proceedings of all committees, shall be broadcast live on television and online, and open to the public to attend in person, at all times. There may be occasions where in camera sittings are required. This shall be decided by a vote of a minimum of 66% of the House of Representatives, after being proposed by a minimum of 10% thereof.
  • The right to introduce legislation shall belong to Representatives, to the Senate, and to the government.
  • The right to introduce legislation shall also belong to a group of at least 100,000 citizens having the right to vote in elections to the House of Representatives. The procedure in such matters shall be specified by statute.
  • Sponsors, when introducing a bill to the House of Representatives, shall indicate the financial consequences of its implementation.

Referendum

Article 132

A nationwide referendum may be held in respect of matters of particular importance to the Republic.

Article 133

The right to order a nationwide referendum shall be vested in the House of Representatives, to be taken by an absolute majority of votes in the presence of at least half of the statutory number of Representatives,

Article 134

A result of a nationwide referendum shall be binding, if more than half of the number of those having the right to vote have participated in it.

Article 135

The validity of a nationwide referendum shall be determined by the Supreme Court.

Article 136

The principles of, and procedures for the holding of a referendum shall be specified by statute.

Chapter 5: The President of the Republic

Article 137

The President of the Republic shall be the supreme ceremonial representative of the Republic and the guarantor of the continuity of the Government’s authority.

Article 138

The President of the Republic shall be the Guardian of the Constitution and ensure its observance, safeguard the sovereignty and security of the Republic as well as the inviolability and integrity of its territory.

Article 139

The President shall exercise their duties within the scope of, and in accordance with the principles specified in the Constitution and statutes.

Article 140

The role of the President shall be as a non-Executive Head-of-State.

Article 141

The President shall not have the power to amend the Constitution.

Article 142

The President shall have the right to award honours to citizens for a variety of reasons, but every honour shall be free from financial rewards and come with no political powers. Awards for political service shall be granted after the political retirement of the person in question. The nature of honours shall be defined by statute.

Article 143

The President shall have no power of pardon.

Elections and the Term of Office

Article 144

The President of the Republic shall be elected by the citizens, in universal, equal and direct elections, conducted by secret ballot.

Article 145

The President of the Republic shall be elected for a 5-year term of office and may be re-elected only for one more term.

Article 146

Only a citizen who, no later than the day of the elections, has attained 35 years of age and has a full electoral franchise in elections to the House of Representatives, may be elected President of the Republic. Any such candidature shall be supported by the signatures of at least 100,000 citizens having the right to vote in elections to the House of Representatives.

Article 147

Only a citizen who has never held political office can stand as a Presidential candidate.

Article 148

A candidate who has received more than half of the valid votes shall be considered elected President of the Republic. If none of the candidates has received the required majority of votes, then a repeat ballot shall be held on the 14th day after the first vote.

Article 149

The two candidates who have received the largest number of votes in the first ballot shall participate in a repeat ballot. If one of the two such candidates withdraws their consent to candidacy, forfeits their electoral rights or dies, they shall be replaced in the repeat ballot by the candidate who received the next highest consecutive number of votes in the first ballot. In such case, the date of the repeat ballot shall be extended by a further 14 days.

Article 150

The candidate who receives the higher number of votes in the repeat ballot shall be elected President of the Republic.

Article 151

The principles of and procedure for nominating candidates and conducting the elections, as well as the requirements for validity of the election of the President of the Republic, shall be specified by statute.

Article 152

The term of office of the President of the Republic shall commence on the date of their assuming such office.

Article 153

The election of the President of the Republic shall be ordered by the Speaker of the House of Representatives to be held on a day no sooner than 100 days and no later than 75 days before expiry of the term of office of the serving President of the Republic, and in the event of the office of President of the Republic falling vacant – no later than the 14th day thereafter, specifying the date of the election which shall be on a non-working day and within a period of 60 days of the day of ordering the election.

Article 154

The Supreme Court shall adjudicate upon the validity of the election of the President of the Republic.

Article 155

A citizen shall have the right to submit a complaint to the Supreme Court concerning the validity of the election of the President of the Republic in accordance with principles specified by statute.

Article 156

In the event of the election of the President of the Republic being judged invalid, a new election shall be held in accordance with the principles prescribed above in relation to a vacancy in the office of President of the Republic.

Article 157

On taking office the President-elect shall take the following oath:

“I do solemnly swear to abide by, and defend the Constitution and to abide by all statute, representing all of the citizens of the Republic and ensuring that the contract between them and their representatives remains inviolable at all times, and to do everything in my power to enhance their lives in equality, and to give my full service to the Republic”

Article 158

In the event of the permanent incapacity, or death of the President, the Presidential Council shall act as deputy by majority and will call new Presidential elections to be held within 60 days of assuming Presidential powers. Such powers shall not include the power to convene new elections for the National Assembly. If the incapacity is initially deemed temporary, the period of temporary capacity shall not exceed 45 days.

Article 159

The President shall take no other role either within the Republic or outside, of any kind during their term of office.

Article 160

The President shall not benefit financially from any source during their term of office apart from their remuneration from the public finances of the Republic in the form of a salary.

Article 161

The President shall not accept any perks or benefits from any source during their term of office, however may accept token gifts on behalf of the Nation which shall remain the property of the Nation.

Responsibilities

Article 162

The President shall be the Guardian of the Constitution on behalf of, and alongside, the citizenship.

Article 163

The officials of the President’s office shall assist in the Guardianship of the Constitution.

Article 164

The President shall be the Supreme Head of the Armed Forces.

Article 165

The President of the Republic, in times of peace, shall exercise command over the Armed Forces through the Minister of Defence.

Article 166

The President of the Republic shall appoint, for a specified period of time, the Chief of the General Staff and commanders of branches of the Armed Forces. The duration of their term of office, the procedure for and terms of their dismissal before the end thereof, shall be specified by statute.

Article 167

The President of the Republic, for a period of war, shall appoint the Commander-in-Chief of the Armed Forces on request of the Prime Minister. He may dismiss the Commander-in-Chief of the Armed Forces in accordance with the same procedure. The authority of the Commander-in-Chief of the Armed Forces, as well as the principle of their subordination to the constitutional organs of the Republic, shall be specified by statute.

Article 168

The President of the Republic, on request of the Minister of Defence, shall confer military ranks as specified by statute.

Article 169

The authority of the President of the Republic, regarding his supreme command of the Armed Forces, shall be specified in detail by statute.

Article 170

The President shall be the Supreme Head of the Security Services, and shall appoint their Heads on recommendation from the House of Representatives.

Article 171

Oversight of the Security Services shall be twofold as follows:

  • There shall be a Security Services Committee as a part of the committees of the National Assembly whose activities shall be governed by statute.
  • There shall be a Security Services Council consisting of:
    • The Presidential Council along with the following additional people:
      • The Minister of Home Affairs and their Shadow from the official Opposition
      • The Minister of Foreign Affairs and their Shadow from the official Opposition
      • The Minister of Justice and their Shadow from the official Opposition

Article 172

The President shall appoint a Commissioner for Children’s Rights whose role shall be defined by statute.

Article 173

The President of the Republic shall grant citizenship and shall give consent for renunciation of citizenship. Citizenship shall not be revoked from any citizen.

Article 174

The President’s officials shall form an independent body of the Civil Service with specific responsibilities as defined in this document. The President shall appoint its head official.

Article 175

The President of the Republic may be held accountable before the Constitutional Court for an infringement of the Constitution or statute, or for commission of an offence.

Article 176

Bringing an indictment against the President of the Republic shall be done by resolution of the joint membership of the Federal House of Representatives and Senate passed by a majority of at least 66% of the statutory number of members of such, on the motion of at least 33% members of the National Assembly.

Article 177

The indictment of a President shall be heard by the Constitutional Court, and final judgement shall be made in a referendum of the citizenship.

Article 178

The President shall, upon being presented by the Prime Minister, with a Bill passed by both Houses of the National Assembly, no earlier than 5 days and no later than 7 days following presentation, sign the Bill into law. In the period between presentation and signature, the President and their officers shall determine whether the Bill is Constitutional or not. If the President decides that the Bill may violate the Constitution, they shall present it to the Constitutional Court for consideration. The Constitutional Court shall be the final arbitrator of lawfulness, and may return the Bill to the President for signing.

The Presidential Council

Article 179

There shall be a Presidential Council to aid and counsel the President on all matters on which the President may be interested as specified by the Constitution and statue.

Article 180

The Presidential Council shall consist of the following members:

  • As ex-officio members: the Prime Minister, the Leader of the Opposition, the Chief Justice, the Speaker of the House of Representatives, the Speaker of the Senate, and the Attorney General.
  • Every person able and willing to act as a member of the Presidential Council who shall have held the office of President, or the office of Prime Minister, or the office of Chief Justice, or the office of Speaker of the House of Representatives or the Speaker of the Senate.
  • Such other persons, if any, as may be appointed by the President under this Article to be members of the Presidential Council.

Article 181

The President may at any time appoint such other persons as, in their absolute discretion, they may think fit, to be members of the Presidential Council, but not more than seven persons so appointed shall be members of the Presidential Council at the same time.

Article 182

Every member of the Presidential Council shall at the first meeting thereof which they attend as a member take the following oath:

“I do solemnly swear to abide by, and defend the Constitution and to abide by all statute, to give my honest and open advice and counsel to the President at all times and to give my full service to the Republic”

Article 183

Every member of the Presidential Council appointed by the President, unless the President dies, resigns, becomes permanently incapacitated, or is removed from office, shall hold office until the successor of the President by whom they were appointed, shall have taken office.

Article 184

Any member of the Presidential Council appointed by the President may resign from office by placing their resignation in the hands of the President.

Article 185

The President may, for reasons which to them seem sufficient, terminate the appointment of any member of the Presidential Council appointed by them.

Article 186

Meetings of the Presidential Council may be convened by the President at such times and places as they shall determine.

Chapter 6: The Cabinet of Ministers & Government Administration

The Responsibilities of Government

Article 187

All government actions shall take full account in equal measure of diversity of Able-bodied-ness, Age, Beliefs (Philosophical, Political and Religious), Ethnicity, Gender and Sexual Orientation amongst the citizenship and shall provide for all in equal measure.

Economic Responsibilities

Article 188

The government shall formulate and execute clear policies directed at achieving equality of outcomes for all groups of society.

Article 189

The government shall formulate and execute clear policies directed at achieving employment for all citizens who seek it.

Social Responsibilities

Article 190

Government shall carry out its operations and duties for the benefit of all citizens equally.

Article 191

The Government and all public offices shall formulate and execute clear policies directed at developing, encouraging and supporting stakeholder-ism in equal measure in every citizen regardless of their age or background.

Article 192

The Government shall formulate and execute clear policies directed at achieving inclusivity, diversity and social egalitarianism.

Article 193

The Government shall ensure special health care to children, pregnant women, handicapped people and persons of advanced age.

Article 194

The Government shall effectively combat epidemic illnesses and prevent the negative health consequences of degradation of the environment, primarily by addressing the root causes.

Article 195

The Government shall promote and support the development of physical culture, particularly amongst children and young persons.

Article 196

Education to eighteen years of age shall be compulsory, but from the age of sixteen students may opt out for up to three days per week for employment only.

Article 197

Requiring payment, or accepting donations for primary and secondary education shall be illegal. There shall be no Preparatory schools.

Article 198

The Government, in its social and economic policy, shall take into account the good of the family.

Article 199

“Family” shall be defined as the partnership of individuals by consent in a relationship bounded by love and common values.

Environmental Responsibilities

Article 200

The government shall formulate and execute clear policies directed at achieving equality of evolutionary opportunities for non-human species.

Article 201

The Government shall pursue policies ensuring the ecological security of current and future generations.

Article 202

The Government shall accept in full the duty of protection of the environment.

Article 203

The Government shall promote and support the activities of citizens to protect and improve the quality of the environment for the equal benefit of all species.

Political Responsibilities

Article 204

The government and ministers, individually and collectively, shall be fully accountable for adherence to the Constitution and statute at all times.

Security and Defence Responsibilities

Article 205

The House of Representatives shall be responsible for declaring

  • war, only in the event of armed aggression against the territory of the Republic or when an obligation of common defence against aggression arises by virtue of international agreements.
  • peace in the name of the Republic.

Article 206

The principles for deployment of the Armed Forces beyond the borders of the Republic shall be specified by a ratified international agreement or by statute. The principles for the presence of foreign troops on the territory of the Republic and the principles for their movement within that territory shall be specified by ratified agreements or statute.

The Structure of Government

Article 207

Government shall be executed by a Cabinet of Ministers appointed by the Prime Minister, and supported by junior ministers, and ministries officiated by the Civil Service, and other government agencies.

Article 208

Each Minister shall be responsible for their own portfolio and department of government.

Article 209

Only elected members of the House of Representatives shall be eligible to serve as Ministers.

Article 210

Shadow Ministers and a minimal number of their aides from the official Opposition shall be entitled to attend all key ministerial meetings as observers

Article 211

There shall be a deputy Prime Minister, appointed by the Prime Minister

The Administration of Government

Article 212

Government administration at all levels shall be assisted by a single Civil Service.

Article 213

The head official of the Civil Service at each level of government shall be appointed by the elected leader of that tier of government.

Article 214

A Civil Service Act shall define the structure and operating rules of the Civil Service.

Chapter 7: State Government

Article 215

State government shall be implemented on the same grounds and foundations as specified in this document.

Article 216

The division of powers between Federal, State and District government shall be specified by agreement and incorporated thereafter into this document after appropriate ratification.

Chapter 8: Local Government

Article 217

The Constitution recognises the fundamental role of local government in providing democratic representation for communities, in exercising and performing at local level powers and functions conferred by law and in promoting by its initiatives the interests of such communities.

Article 218

Each District Council shall consist of a number of elected members proportional to the number of citizens resident in the district, as specified by statute.

Article 219

Councillors shall be elected by the Single Transferable Vote system of Proportional Representation for a fixed 5-year term.

Article 220

Elections shall be universal within the locality, equal, direct and proportional and shall be conducted by secret ballot.

Article 221

Voting by citizens shall be compulsory, with incentives and sanctions defined by statute.

Article 222

The powers and functions vested in councils shall, subject to the provisions of this Constitution, be specified by statute.

Article 223

Councils shall have the right to raise revenue by direct taxation as specified by statute. Units of local government shall have the right to set the level of local taxes and charges.

Article 224

Councils shall have the right to hold referenda on matters arising as they choose.

Article 225

Councils shall have the right to convene Citizens’ Assemblies regularly to promote and enact stakeholder-ism and to generate debate and discussion, and to gather and disseminate information and obtain input.

Article 226

Councillors and their senior officials shall have a statutory duty to meet in regional “council” every month with regional partners for discussions and decisions, and to exchange information in all pertinent areas.

Article 227

Public duties aimed at satisfying the needs of a self-governing community shall be performed by units of local government as their direct responsibility.

Article 228

Units of local government shall be assured public funds adequate for the performance of the duties assigned to them. The revenues of units of local government shall consist of their own revenues as well as general subsidies and specific grants from the State Budget.

Article 229

The internal organizational structure of units of local government shall be specified, within statutory limits, by their constitutive organs.

Article 230

Members of a self-governing community may decide, by means of a referendum, matters concerning their community, including the dismissal of an organ of local government established by direct election. The principles of and procedures for conducting a local referendum shall be specified by statute.

Article 231

Units of local government shall have the right to associate with others of the same function within their own State, to join international associations of local and regional communities as well as cooperate with local and regional communities of other States.

Chapter 8: The Courts

The Attorney General

Article 232

There shall be an Attorney General who shall be the adviser of the Government in matters of law and legal opinion, and shall exercise and perform all such powers, functions and duties as are conferred or imposed on him by this Constitution or by statute.

Article 233

The Attorney General shall be appointed by the President on the nomination of the Prime Minister.

Article 234

All crimes and offences prosecuted in any court constituted under this Constitution shall be prosecuted in the name of the People and at the suit of the Attorney General or some other person authorised in accordance with law to act for that purpose.

Article 235

The Attorney General shall not be a member of the Government.

Article 236

The Attorney General may at any time resign from office by placing their resignation in the hands of the Prime Minister for submission to the President.

Article 237

The Prime Minister may, for reasons which to them seem sufficient, request the resignation of the Attorney General.

Article 238

In the event of failure to comply with the request, the appointment of the Attorney General shall be terminated by the President if the Prime Minister so advises.

Article 239

The Attorney General shall retire from office upon the resignation of the Prime Minister, but may continue to carry on their duties until the successor to the Prime Minister shall have been appointed.

The Constitutional Court

Article 240

The Constitutional Court and the Supreme Court shall be constituted as one and the same.

Article 241

When sitting as a Constitutional Court, or operating as the Independent Constitutional Committee (“ICC”), the responsibilities of the Court in question shall be specifically focused on

  • whether or not a proposed Bill, passed by both Houses of the National Assembly, and forwarded to the Constitutional Court by the President, violates the Constitution
  • whether or not changes to the Constitution proposed in the manner specified by this document, should be forwarded by Referendum to the citizenship for approval or otherwise
  • the adherence, or otherwise, of the President to the Constitution and statute.

The Courts of Justice

Article 242

Justice shall be administered in courts established by law by judges appointed in the manner provided by this Constitution, and, except in such special and limited cases as may be prescribed by law, shall be administered in public.

Article 243

The Courts shall comprise Courts of First Instance and a Court of Final Appeal.

Article 244

The Courts of First Instance shall include a People’s Court invested with full original jurisdiction in and power to determine all matters and questions whether of law or fact, civil or criminal.

Article 245

The jurisdiction of the People’s Court shall extend to the question of the validity of any law having regard to the provisions of this Constitution, and no such question shall be raised (whether by pleading, argument or otherwise) in any Court specified in this Constitution other than the People’s Court or the Supreme Court.

Article 246

No Court whatever shall have jurisdiction to question the validity of a law, or any provision of a law, the Bill for which shall have been referred to the Constitutional Court by the President under this Constitution, or to question the validity of a provision of a law where the corresponding provision in the Bill for such law shall have been referred to the Constitutional Court by the President.

Article 247

The Courts of First Instance shall also include Courts of local and limited jurisdiction with a right of appeal as determined by law.

Article 248

The Court of Final Appeal shall be called the Supreme Court.

Article 249

The president of the Supreme Court shall be called the Chief Justice.

Article 250

The Supreme Court shall, with such exceptions and subject to such regulations as may be prescribed by law, have appellate jurisdiction from all decisions of the People’s Court, and shall also have appellate jurisdiction from such decisions of other courts as may be prescribed by statute.

Article 251

No law shall be enacted excepting from the appellate jurisdiction of the Supreme Court cases which involve questions as to the validity of any law having regard to the provisions of this Constitution.

Article 252

The decision of the Supreme Court on a question as to the validity of a law having regard to the provisions of this Constitution shall be pronounced by such one of the judges of that Court as that Court shall direct, and no other opinion on such question, whether assenting or dissenting, shall be pronounced, nor shall the existence of any such other opinion be disclosed.

Article 253

The decision of the Supreme Court shall in all cases be final and conclusive.

Article 254

Every person appointed a judge under this Constitution shall take the following oath:

“I do solemnly swear that I shall faithfully and honestly discharge all of the duties of judge to best of my ability and power without fear or favour, and I shall abide by, and defend the Constitution and the law”

Article 255

This oath shall be taken in the presence of the Chief Justice and the President, and by each of the other judges of the Supreme Court, the judges of the People’s Court and the judges of every other Court in the presence of the Chief Justice or the senior available judge of the Supreme Court in open court.

Article 256

The oath shall be taken by every judge before entering upon their duties as such judge, and in any case not later than ten days after the date of their appointment or such later date as may be determined by the President.

Article 257

Any judge who declines or neglects to take the oath shall be deemed to have vacated their office.

Article 258

The judges of the Supreme Court, the People’s Court and all other Courts shall be appointed by the President.

Article 259

All judges shall be independent in the exercise of their judicial functions and subject only to this Constitution and the law.

Article 260

No judge shall be eligible to be a member of either House of the National Assembly or to hold any other office or position.

Article 261

A judge of the Supreme Court or the High Court shall not be removed from office except for stated misbehaviour or incapacity, and then only upon resolutions passed by the House of Representatives and by the Senate calling for their removal.

Article 262

The Prime Minister shall duly notify the President of any such resolutions, and shall send the President a copy of every such resolution certified by the Speakers of the Houses of the National Assembly by which it shall have been passed.

Article 263

Upon receipt of such notification and of copies of such resolutions, the President shall forthwith remove from office the judge to whom they relate.

Article 264

The remuneration of a judge shall not be reduced during their continuance in office, to ensure that they are not targeted for decisions they have made under the law.

Article 265

Subject to the foregoing provisions of this Constitution relating to the Courts, the following matters shall be regulated in accordance with law, that is to say:

  • the number of judges of the Supreme Court, and of the People’s Court, the remuneration, age of retirement and pensions of such judges,
  • the number of the judges of all other Courts, and their terms of appointment, and
  • the constitution and organization of the said Courts, the distribution of jurisdiction and business among the said Courts and judges, and all matters of procedure.

Article 266

Nothing in this Constitution shall operate to invalidate the independence of the judges and the courts in all matters of criminal or civil law.

Trial of Offences

Article 267

Minor offences may be tried in the Magistrate’s Court, as laid down by statute.

Article 268

In all other cases, a person shall be tried by jury as laid down by statute.

Chapter 9: Media and Freedom of Information

Freedom of Information

Article 269

Freedom of Information shall be engrained in all aspects of government and public authorities, with all decisions, policies and infrastructure and processes documented and published without delay online for immediate access by every citizen. It shall not be necessary to apply for information to be released.

Article 270

The Office of National Information (“ONI”) shall be independently responsible for the gathering and public reporting of national information via commissions from government at all levels, committees of the National Assembly and the official opposition, as well as regular general areas of reporting of information predefined by statute.

Article 271

The ONI shall be independently responsible for publishing information.

Article 272

The ONI shall report to the President.

Article 273

Within the ONI, there shall be

  • the Office of National Statistics (“ONS”)
  • the Office of Budgetary Responsibility (“OBR”)
  • the Office of Media Freedom (“OMF”)
  • the National Audit Office (“NAO”)

whose objectives and operating goals shall be set by statute.

Article 274

The ONI at all levels, shall have full access to all information by statue.

Article 275

The Government shall have the right to apply to the courts to have information withheld in certain limited and exceptional circumstances.

Freedom of the Media

Article 276

The Office of Media Freedom shall constantly monitor the freedom of the media – broadcast, online and print.

Article 277

The definition of the meaning of “freedom of the media” shall be determined by an independent and diverse panel whose final judgement shall be implemented by statute to define the operating principles and ownership of the media in all areas.

Article 278

All media channels shall have the right to register with the OMF to apply for minimum guaranteed access to ministers of government and other politicians for interview (either live or recorded) a certain number of times per year. Ministers and other politicians shall be obliged to fulfil these responsibilities. In exchange the media will be obligated under statute to adhere to the operating principles laid down by the OMF panel on freedom of the media.

Chapter 10: Public Finances

Article 279

Government finances at all levels of government and in any area will be transparently managed and publicly audited by the National Audit Office.

Article 280

All contracts for services or products will be put to transparent competitive tender involving a minimum of 4 independent organisations, whenever possible.

Article 281

The imposition of taxes, as well as other public imposts, the specification of those subject to the tax and the rates of taxation, as well as the principles for granting tax reliefs and remissions, along with categories of taxpayers exempt from taxation, shall be by means of statute.

Article 282

The National Bank of the Republic shall operate independently of political control.

Article 283

The President shall appoint an Auditor General on nomination by the House of Representatives who shall be head of the National Audit Office.

Article 284

The Auditor General shall control on behalf of the State all disbursements and audit all accounts of moneys administered by or under the authority of the House of Representatives.

Article 285

The Auditor General shall be appointed by the President on the nomination of the House of Representatives.

Article 286

The Auditor General shall not be a member of either House of Representatives or the Senate and shall not hold any other office or position.

Article 287

The Auditor General shall report to the House of Representatives at stated periods as determined by statute.

Article 288

The Auditor General shall not be removed from office except for stated misbehaviour or incapacity, and then only upon resolutions passed by the House of Representatives and by the Senate calling for their removal.

Article 289

The Prime Minister shall duly notify the President of any such resolutions as passed by the House of Representatives and by the Senate and shall send him a copy of each such resolution certified by the Speaker of the House of Representatives.

Article 290

Upon receipt of such notification and of copies of such resolutions, the President shall remove the Auditor General from office.

Article 291

There shall be a Public Accounts Committee within the House of Representatives and Senate committees which shall scrutinise the use of public funds.

Article 292

The Government shall implement an annual Budget and bring a full statement thereof to the House of Representatives.

Chapter 11: States of Emergency

Article 293

In the event of war being declared against the Republic, or the Republic declaring war by way of its obligations through international treaty, then a State of Emergency may be declared.

Article 294

The declaration of a State of Emergency shall require a vote in favour by a minimum of 75% of the House of Representatives and a majority vote in the Senate.

Article 295

The State of Emergency shall require renewal by the same vote every 3 months thereafter.

Article 296

A State of Emergency may be declared for other reasons as specified by statute.

Article 297

The terms of a State of Emergency shall be defined by statute.

Chapter 12: Constitutional Protection and Amendments

Article 298

It shall be the responsibility of every citizen to protect the Constitution.

Article 299

The President and the officers of the President shall have the day-to-day task of ensuring the Constitution is not violated.

Article 300

The Armed Forces shall be duty bound to defend the Constitution.

Article 301

The Security Services shall be duty bound to defend the Constitution.

Amendment of the Constitution

Article 302

An Independent Constitutional Committee (the “ICC”) of the Constitutional Court shall convene every six months to consider any proposed amendments to the Constitution, and to report on the status of the operational effectiveness of the Constitution.

Article 303

Proposals for amendment of the Constitution from the House of Representatives shall require a vote in favour by a minimum of 75% of its members.

Article 304

Any citizen shall have the right to propose changes to the Constitution but for the proposal to be submitted to the ICC, it must have received the support by signature of at least 100,000 citizens.

Article 305

The ICC shall only have the power to advise the President to call a referendum on proposed changes to the Constitution which they have filtered through their review process.

The Referendum

Article 306

Proposed changes to the Constitution shall require ratification by a Referendum of all the citizens of the Republic.

Article 307

The President of the Republic shall order the holding of a Referendum within 60 days of the day of receipt of the advice from the ICC that such an event is required.

Article 308

The amendment to the Constitution shall be deemed accepted if the majority of those voting express support for such amendment, and shall be effective on the declaration of the result of the vote.