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The Constitution
Topic Started: Aug 27 2007, 02:45 PM (449 Views)
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The Constitution of the Federal Republic of Ostentia

Preamble: This is the constitution of the Federal Republic of Ostentia. This constitution shall, once enshrined in law, define the structure, rights and powers of the government. It is hoped that with this constitution in place, Ostentia shall continue to grow and prosper as a nation.


Article I: The Federal Republic of Ostentia
a. The Federal Republic of Ostentia is an independent nation.
b. The Federal Republic of Ostentia is the sole successor state to the Democratic Republic of Ostentia, and should be seen as a continuation of it.

b.1. All the territories, peoples and properties of the Democratic Republic of Ostentia are therefore the territories, peoples and properties of the Federal Republic of Ostentia.
b.2 Furthermore, all laws, treaties and other statutes of the Democratic Republic of Ostentia shall continue to apply.
c. The Federal Republic of Ostentia shall be comprised of several states:
c.1. The Northern Isles
c.2. Valaxia
c.3. Mentagnus
c.4. Olin
c.5. Enchiridion
c.6. Falahn
c.7. Agnasium
c.8. Oredia
c.9. The Midlands
c.10. Epiphany
c.11. Fondrop
c.12. Yare
c.13. Thorby

Article II: The Structure of Government
a. Ostentia shall be governed by a national government, to be democratically elected by the people of the nation. The national government shall consist of a parliament and an executive, in the form of a prime minister.
b. Each state shall be governed by a state government, to be democratically elected by the people of that state, the authority of which is derived from the national government. State governments shall consist of an assembly and an executive, in the form of a governor.

b.1. The states of Falahn and Oredia shall be entitled to retain their monarchies as long as the democracy in those states is not adversely affected, and for as long as the people of those states wish to retain them.

Article III: The Powers of Government
a. The powers of government to legislate on matters of government interest shall be divided into groups, and divided between the state governments and the national government.
b. Matters of primary concern to state governments will be entirely under the legislative authority of state governments, and may not be overruled by the national government. These primary matters are:

b.1. Internal planning
b.2. Internal transport
b.3. The structure of state governments
b.4. Any matters not classified as secondary matters or reserved matters.
c. Matters of concern both to state governments and the national governments shall be termed secondary matters. State governments shall have the power to legislate on these matters, but legislation by the national government shall be considered to overule state legislation. These secondary matters are:
c.1. Healthcare
c.2. Education
c.3. Welfare
c.4. Social affairs
c.5. Internal economic affairs
c.6. Transport
c.7. Planning
c.8. Law enforcement
c.9. Environmental affairs
d. Matters of utmost concern to the national interest shall be considered the reserve of the national government, and shall be terms as reserved matters. Only the national government may legislate on such matters. These reserved matters are:
d.1. External affairs
d.2. Defence
d.3. Security
d.4. Constitutional affairs
d.5. Justice
d.6. National economic affairs.
d.7. Any matter in which there is a clear national interest.
e. A mechanism for devolution shall exist for those states who desire a greater degree of autonomy.
e.1. A state government may, with the approval of two thirds of the state assembly, request devolved status from the national government.
e.2. If, following such a request, the proposal is supported by a referendum in that state with a two thirds majority of the vote, and approved by two thirds of the House of Commons, then the state shall be granted devolved status.
e.3. A state with devolved status shall be able to treat secondary matters as primary matters.
e.4. A state with devolved status shall have its parliamentary representation halved.
e.5. A state government may request to end its devolved status, through the use of the same procedure described in Article III, sections e.1. and e.2..
f. Both state governments and the national government shall have seperate powers of taxation, in order to fund their actions.
g. Neither state governments or the national government may pass legislation which cannot be repealed

h. Neither state governments or the national government may pass legislation which grants authority to specific individual persons, as opposed to offices of state.
[size0]Article III h was added by the Democratic Safeguards Act.

Article IV: The Parliament of Ostentia
a. A parliament of Ostentia shall sit in the capital of Ostentia.
b. The House of Commons shall be established as part of this parliament.

b.1. The members of this house shall be elected representatives of the people.
b.2. To ensure that the House of Commons is truly representative of the people, regular elections shall be held.
c. A Speaker of the House of Commons shall be appointed from the membership of the House of Commons to oversee parliamentary procedure.
c.1. The Speaker shall remain impartial.
c.2. The Speaker shall have the authority to rule on the constitutionality of legislation proposed and passed by parliament.

Article V: The Office of the Prime Minister
a. A member of the House of Commons shall be chosen to hold the Office of the Prime Minister. They shall form and head the national executive.
b. Appointments to the Office of the Prime Minister shall be made by the Speaker, and based upon the results of elections.
c. The Office of the Prime Minister shall have all the powers granted to the national executive by this constitution. These cannot be withdrawn.
d. The Office of the Prime Minister shall be answerable to the House of Commons, and the holder of this office shall be required to answer questions asked in parliament.


Article VI: The Cabinet
a. The Cabinet shall be comprised of the holders of all government offices.
b. All members of the Cabinet shall be answerable to the House of Commons, and required to answer questions asked in parliament which are relevant to their position.
c. Any executive powers granted to the Cabinet office can only be used if the decision is supported by the majority of the Cabinet.
d. The Speaker may attend cabinet in an advisory capacity.


Article VII: The Powers of the National Executive
a. The national executive shall have various powers at its disposal.
b. These powers shall be held by the Office of the Prime Minister. Even if delegated to other departments, the Office of the Prime Minister shall still hold these powers.
c. The powers granted to the executive are:

c.1. The power to re-organise the structure of government. This power is restricted in that the offices of the Prime Minister and the Cabinet cannot be abolished.
c.2. The power to carry out diplomacy with representatives of foreign governments.
c.3. The power to dissolve parliament and hold a general election.
c.4. The power to declare a state of emergency and seek emergency powers from parliament.
c.5. The power to directly alter the budget without the use of legislation. This power is restricted in that the approval of the House of Commons must be sought before changes to the level of taxation can be made.
c.6. The power to declare a state of war, or to authorise an act of war. This power is restricted in that the approval of two thirds of the House of Commons must be sought before a declaration of war or an act of war may take place.

Article VIII: Emergency Powers
a. Should a crisis arise which threatens the Federal Republic of Ostentia, the national executive shall be granted emergency powers under this constitution.
b. For emergency powers to be requested by the national executive, a state of emergency must be declared.
c. In a state of emergency, the House of Commons may grant the national executive any of the following emergency powers, as required by the situation. These powers may be granted seperately or collectively.

c.1. The power to create emergency statutes. These would be temporary national legislation, not requiring a vote in parliament, and would expire following the end of the emergency. They may not be used to ammend the constitution.
c.2. The power to suspend the devolved status of a state.
c.3. The power to place a state under direct rule by the national executive.
c.4. The power to deploy the armed forces internally.
c.5. The power to suspend sections of Article IX, with the exception of section a..
c.6. The power to suspend national and state legislation.
c.7. The power to delay the dissolution of parliament. This power is limited in that it may not be used indefinately and must be renewed every week.
d. Emergency powers shall be subject to the following limitations:
d.1. The government must obtain the approval of two thirds of the House of Commons before they may be granted these powers.
d.2. All powers shall cease to be held by the national executive should the state of emergency end.
d.3. The House of Commons may, at any time, withdraw these powers through the use of a simple majority vote.
d.4. The House of Commons may, when granting the powers to the executive, impose any limitations upon these powers as they may see fit to do so.

Article IX: The Bill of Rights
a. All citizens of Ostentia will be considered to have fundamental constitutional rights, as set out in this article. No law may be created, whether at a State or National level, which denies people these rights. The rights set out in this article are limited to the extent that they may not be used to deny the rights of others.
a.1. The rights granted to the citizens of Ostentia by this constitution shall also be considered as granted to the children of Ostentian citizens, limited in so far as they are able to competently exercise their rights. Furthermore, the government shall have a constitutional right to intervene to ensure the welfare of all children in Ostentia, a right which is to be given constitutional status equal to that of the constitutional rights of any individual citizen.
b. All citizens of Ostentia shall have the rights to freedom of expression and freedom of belief.
c. All citizens of Ostentia shall have the right to due process under the law.

c.1. No citizen may be imprisoned or detained without charge.
c.2. Every citizen has the right to a fair trial by jury of their peers, in which they are to be given the right to answer the accusations made against them.
c.3. Any citizen of Ostentia charged with a criminal offense shall be given the right to legal counsel and the right against self-incrimination.
c.4. No citizen convicted of a criminal offense shall be subject to cruel and unusual forms of punishment, including the death penalty.
d. All citizens of Ostentia shall have the right to protection from unlawful activities.
e. All citizens of Ostentia shall have the right to equal opportunities under the law, in that they may not be discriminated against on grounds of race, gender, religion or sexual orientation.
f. All law-abiding citizens of Ostentia shall have the right to freedom of assembly.
g. All adult citizens of Ostentia shall have the right to participate in government, both at a state and national level, through the use of democratic procedures.
h. All citizens of Ostentia shall have the right to basic medical treatment and the right to a basic education.


Article X: This Constitution
a. Once enshrined in law, this constitution cannot be repealed.
b. Acts of Parliament may be made that amend this constitution, but all such acts will be subject to a two-thirds majority vote.
c. No legislation may be created which breaches any of the sections in this constitution. Should it be found that legislation already in existence is in conflict with this constitution, then the legislation shall be struck down.


Article XI: The Constitutional Court
a. A Constitutional Court shall be established to ensure that this constitution is enforced.
a.1. The Constitutional Court shall be considered separate from the justice system, and shall not consider cases that have no constitutional significance.
b. The Constitutional Court shall be comprised of a Chief Justice, who shall consider cases alongside any Associate Justices who may also sit on the bench.
b.1. The Speaker of the House of Commons shall sit as the Chief Justice of the Constitutional Court.
b.2. The final judgement of the court in all cases shall be determined by the Chief Justice.
b.3. Associate Justices of the Constitutional Court may be appointed from time to time, with the consent of the Chief Justice, the Prime Minister and Parliament.
b.4. Once appointed, Associate Justices of the Constitutional Court are to hold their offices in good behaviour and activity.
b.5. Associate Justices of the Constitutional Court shall be forbidden from holding or seeking an office in the national executive, and may not attend cabinet.
c. The following powers shall be granted to the Constitutional Court, in order that it may defend the constitution.
c.1. The power to strike down legislation or sections of legislation which are in breach of the constitution.
c.2. The power to issue court orders compelling an individual or organisation to carry out a certain course of action, or refrain from carrying out a certain course of action.
c.3. The power to determine the course of action to be followed in the event of a disputed election or parliamentary procedure.




THE CONSTITUTION OF THE DEMOCRATIC REPUBLIC OF OSTENTIA

Preamble: This is the constitution of the Democratic Republic of Ostentia. This constitution shall, once enshrined in law, define the structure, rights and powers of the government. With these in place, it is hoped that our glorious country will grow and prosper, becoming a shining example to the world.


Article 1: The Democratic Republic of Ostentia
a. The Democratic Republic of Ostentia is founded as an independant nation.
b. Ostentia is formed by the union of the nations of Fondrop, Nashun, Oredia, Mearor, Falahn, Boondoxia, Valaxia and the Northern Isles.
c. The territories and peoples of these nations are therefore now the territories and peoples of Ostentia.
d. The Territories that comprise the Democratic Republic of Ostentia may not secede from the union by there own violition but only by the unanimous approval of the House of Commons.
Article 1d was added by the Ostentian Union Act

Article 2: The Structure of Government
a. Ostentia shall be governed by a central national government, whose members are representatives of the people.
b. The regions of Ostentia shall also each be governed by a regional government.
c. The national government shall have the power to over-rule the actions of regional governments.

Article 3: The Parliament of Ostentia
a. A parliament shall sit in the capital of Ostentia.
b. The House of Commons shall be established as a part of this parliament.
c. The members of the House of Commons shall be elected representatives of the people.
d. To ensure that the House of Commons is truly representative of the people, regular elections shall be held.

Article 4: National Law
a. Legislation affecting the entirety of Ostentia shall take precedence over regional law.
b. All proposals for nationwide legislation shall be proposed to the House of Commons in the form of bills.
c. For a bill to become legislation, is must be approved by the House of Commons.
d. If a bill is approved by the House of Commons, it becomes an Act of Parliament.
e. National law shall be comprised of Acts of Parliament.
f. Should Acts of Parliament conflict with each other, then the Act most recently passed shall apply.

Article 5: The Office of the Speaker
a. A member of the House of Commons shall be chosen to oversee procedure. They shall take up the Office of Speaker.
b. The Speaker shall remain impartial.

Article 6: The Office of the Prime Minister
a. A member of the House of Commons shall be chosen to hold the Office of the Prime Minister. They shall form and head a national government.
b. Appointments to the Office of the Prime Minister shall be made by the Speaker, and based upon the results of elections.
c. The Office of the Prime Minister shall have all the Powers granted to the national government by this constitution. These cannot be withdrawn.
d. The Office of the Prime Minister shall be answerable to the House of Commons, and the holder of this office shall be required to answer questions asked in parliament.

Article 7: The Cabinet
a. The Cabinet shall be comprised of the holders of all government offices.
b. All members of the Cabinet shall be answerable to the House of Commons, and required to answer questions asked in parliament which are relevant to their position.
c. Any powers granted to the Cabinet office can only be used if the decision is supported by the majority of the Cabinet.
d. The Speaker may attend cabinet in an advisory capacity.

Article 8: The Powers of Government
a. The government shall have various powers at its disposal.
b. These powers shall be held by the Office of the Prime Minister. Even if delegated to other departments, the Office of the Prime Minister shall still hold these powers.
c. The government shall have the power to re-organise the structure of government. This power is restricted in that the offices of the Prime Minister and the Cabinet cannot be abolished.
d. The government shall have the power to directly alter the budget, without the need of legislation, through the use of budget motions in the House of Commons.
Article 8d was removed by the Government Finance Act.
e. The government shall have the power to summon ambassadors representing foreign governments to the cabinet office.
f. The government shall have the power to dissolve parliament and call a general election.
g. The government shall have the power to declare an emergency situation and seek emergency powers.
h. The government shall have the power to directly alter the budget without the use of legislation. This power is restricted in that the government must seek parliamentary approval for changes in taxation.
Article 8h was added by the Government Finance Act.
i. The option to declare war lies with the civilian government; however for war or and act of war to take place, a two thirds majority must be secured by a vote in the Commons.
Article 8i was added by the Legislative Military Decisions Act.

Article 9: Emergency Powers
a. In times of emergency, the government may seek emergency powers from parliament.
b. In such times, the government must secure a two-thirds majority in the House of Commons in favour of granting the government these powers.
c. Emergency powers can only be granted for periods of up to and including 7 days. Should the government seek to maintain emergency powers after this period, then they must apply to parliament once again.
d. Emergency powers can be used to pass Acts of Parliament without them being voted on. Only one Act a day may be passed in this manner.

Article 10: Ammending and Repealing Acts of Parliament
a. Acts of Parliament may be repealed or ammended by future Acts of Parliament. This applies to all Acts of Parliament.

Article 11: This Constituton
a. Once enshrined in law, this constitution cannot be repealed.
b. Acts of Parliament may be made that ammend this constitution, but all such acts will be subject to a two-thirds majority vote.
c. No bills may be passed that breach the articles set out in this constitution.
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