by Max Barry

Latest Forum Topics

Advertisement

3

DispatchFactbookLegislation

by Blakenham. . 24 reads.

Constitution of the Kingdom of Blakenham

Passed in the Constitutional Assembly on Saturday 9th March. Came into force Monday 11th March 2019.

The Constitution of the Kingdom of Blakenham


Preamble

We, the Constitutional Assembly with the authority granted to us by the Constitutional Reform Act 2019, and with the conviction and determination of upholding and improving democracy of the nation, hereby declare this the Constitution of the Kingdom of Blakenham


Chapter 1: The Fundamentals of the Realm

Article 1. The Kingdom of Blakenham (‘the realm’) shall be a democratic constitutional monarchy.

Article 2. The realm shall not observe any official religion.

Article 3. The official language shall be English.

Article 4. All public power in the realm proceeds from the people on behalf of the crown.

Article 5. The land, territorial waters and airspace of the realm constitute an inseparable and indivisible whole.

Article 6. The constitution shall have supremacy across the entirety of the realm.

Article 7. The powers of the state shall be exercised by the Prime Minister, The Council of State (‘The Council’) , the National Assembly and the Judiciary on behalf of the Crown.

Article 8. Local self-governance is recognised and shall be realised through local assemblies who shall administer over regions and smaller forms of councils within their area.


Chapter 2: Rights and Freedoms of the People

Article 9. The basic rights and freedoms expressed in the Universal Declaration of Human Rights is guaranteed to all citizens as a minimum.

Article 10. In regards to citizenship:

(1) Every child of whose parents are a citizen of the Kingdom is entitled to citizenship of Blakenham by birth.
(2) Everyone who has forfeited his or her Blakehamian Citizenship as a minor is entitled to its restoration.
(3) No one may be deprived of citizenship acquired at birth unless they are deemed a danger to the realm as legislated and will not be made stateless as a result of losing their citizenship.

The conditions and procedure for the acquisition, forfeiture and restoration of Blakehamian citizenship are provided for in the Citizenship Act.

Article 11. The rights, freedoms and duties of all persons, as set out in the constitution, apply equally to the citizens of the Realm and to citizens of foreign states and stateless persons in Blakenham.

Article 12. Rights and freedoms may only be circumscribed in accordance with the constitution. Such circumscription must be necessary in a democratic society and may not distort the nature of the rights and freedoms circumscribed.

Article 13. Everyone is equal before the law. No one may be discriminated against on the basis of nationality, race, colour, sex, language, origin, religion, political or other views, property or social status, or on other grounds. Incitement to ethnic, racial, religious, sexual orientation or political based hatred, violence or discrimination is prohibited and punishable in law.

Article 14. It is the duty of the legislature, the executive, the judiciary, and of local authorities, to guarantee the rights and freedoms provided for in the constitution.

Article 15. Everyone has the right to life.

Article 16. No persons honour or good name may be defamed

Article 17. No one may be subjected to torture or to cruel or degrading treatment or punishment. No one may be subjected to medical or scientific experiments against his or her free will.

Article 18. Everyone shall have the right to privacy

Article 19. Everyone has the right to liberty, and may not be deprived of their liberty except in cases and pursuant to a procedure provided by law:

1) To enforce a judgment of conviction rendered or a detention ordered by the court;
2) For the case of non-compliance with a direction of the court, or to guarantee fulfilment of a duty provided by law;
3) To prevent a criminal or administrative offence, to bring before a competent authority a person in relation to whom there is reasonable suspicion that they have committed such an offence, or to prevent such as person from absconding;
4) To place a minor under disciplinary supervision or to bring them before a competent authority to determine whether to impose such supervision;
5) To detain a person suffering from an infectious disease, a person deemed of unsound mind by a competent authority, an alcoholic or a drug addict, if such a person is a danger to themselves or to others;
6) To prevent illegal settlement in Blakenham and for removing a person from Blakenham or for extraditing a person to a foreign state.

Article 20. Everyone who has been deprived of their liberty must be informed promptly, in a language and manner which they understand, of the reason for the deprivation of liberty and of their rights, and be given the opportunity to notify a person closest to them.

Article 21. No person may be held in custody for more than forty-eight hours without a specific authorisation of a court.

Article 22. No person may be deemed guilty of a criminal offence before they have been convicted in a court and before the conviction has become final

Article 23. No person may be convicted of an act which did not constitute a criminal offence under the law in force at the time the act was committed.

Article 24. Everyone is entitled to the right of appeal for their case of criminal sentence.

Article 25. Everyone shall be entitled to qualified legal counsel to be paid for by the state in circumstances where they cannot afford to pay legal fees, or such fees would severely impact their basic standard of living.

Article 26. Everyone is entitled to the security of their private and family life. Government agencies, local authorities, and their officials may not interfere with any person’s private or family life, except in the cases and pursuant to a procedure provided by law to protect public health, public morality, public order or the rights and freedoms of others, to prevent a criminal offence, or to apprehend the offender.

Article 27. Everyone is entitled to protection of their health. Every citizen of the realm is entitled to heath care and medical assistance at the cost of the state budget.

Article 28. Everyone is entitled to the right to education. Education is to be provided to citizens for free from the state budget up until the age of eighteen. Higher education is to be run by private institutions and to be monitored by the relevant government ministry. Higher education may be provided for by the state budget if prescribed by law.

Article 29. Basic education for school-age children is compulsory to the extent specified by law.

Article 30. Everyone is entitled to freely choose his or her area of activity, profession and position of employment.

No person may be compelled to perform work or service against their free will, except for:

(1) service in the defence forces when circumstances arise in which nation security and sovereignty is fundamentally threatened;
(2) Work required to prevent the spread of an infectious disease or to contain a natural disaster or catastrophe;
(3) Work which a convicted offender is required to perform according to the law and pursuant to a procedure established by law

Article 31. The property of every person is inviolable and equally protected. Property may be taken from the owner without their consent at the order of a court in pursuant to a procedure provided for by law.

Article 32. The home is inviolable. No one’s dwelling or other premises lawfully occupied by them may be forcibly entered or searched, except in the cases and pursuant to a procedure provided by law to protect public order, public health, or the rights and freedoms of others, to prevent criminal offences, to apprehend the offender, or to ascertain the truth in a criminal case.

Article 33. Everyone whose presence in the territory of the realm is lawful, has the right to move freely in that territory and to choose freely where to reside. The right to freedom of movement may be circumscribed in the cases and pursuant to a procedure which is provided by law to protect the rights and freedoms of others.

Article 34. Everyone has the right to leave the realm. This right may be circumscribed in the cases and pursuant to a procedure provided by law to ensure the proper conduct of a trial or of a pre-trial investigation, or to enforce a court judgement.

Article 35. No citizen of the realm may be expelled from the realm or prevented from settling in the realm or extradited to a foreign state, except under conditions prescribed by an international treaty and pursuant to a procedure provided by such treaty and by law. Extraditions are decided by the Government of the realm and must be deemed to be lawful by a court.

Any persons who is subject to extradition has the right to challenge this order in a court of the realm.

Article 36. Everyone is entitled to freedom of conscience, freedom of religion and freedom of thought.

Everyone is free to belong to any religious group and is free to practise his or her religion, alone or in community with others, in public or in private, unless this is detrimental to public order, public health or public morality.

Article 37. Everyone has the right to confidentially of communications. This right may be circumscribed in cases and pursuant to a procedure provided by law if they are authorised by a court and if they are necessary to prevent a criminal offence, or to ascertain the truth in a criminal case.

Article 38. Everyone is entitled to free access to information for public use. All government agencies, local authorities, and their official have a duty to provide information about their activities to any citizen at their request – pursuant to a procedure provided by law; except for information whose disclosure would harm national security.

Article 39. Freedom of the press is guaranteed by the state

Article 40. Everyone has the right to assemble peacefully and to conduct meetings without prior permission. This right may be circumscribed in cases and pursuant to a procedure provided by law to safeguard national security, maintain public order, uphold public morality, ensure the safety of traffic and the safety of participants of the meeting, or to prevent the spread of an infectious disease.

Article 41. Everyone has the right to association.

Article 42. Everyone shall have the right to strike for their work unless doing so would harm national security.

Article 43. Every citizen over the age of eighteen is granted the right to vote and stand for election in elections to governing bodies and to vote in referenda.

Article 44. Everyone shall have the right to take maternity or paternity leave and be paid by their employees for a minimum period of fifty-two weeks.

Article 45. Everyone over the age of sixty-five or in case of disability shall be entitled to a state pension and social benefits to be paid for by the state budget.

Article 46. Every person who is unemployed due to circumstances outside of their control shall be entitled to funding from the state budget to ensure they can secure basic standards of living while looking for employment.

Article 47. Everyone shall pay taxes as provided by law.

Article 48. All citizens shall be recognised of legal age upon their eighteenth birthday

Article 49. The age of consent shall be sixteen.



Chapter 3: The Head of State

Article 50. The Head of the State shall be the hereditary monarch as provided for by law.

Article 51. The Monarch must not influence politically and should not show any favourability or endorsement to any entity or person who would be considered by any reasonable person to be of a political nature.

Article 52. The monarch retains the following powers:

• The power to grant honours on advice of the Prime Minister
• The right to address the nation through means as provided for in law
• The right to ownership of all crown property and estates
• Freedom from prosecution in any court of the realm except for offences against the person.
• The power to issue pardons at the consent of the Council of State.


Chapter 4: The Executive

Article 53. The Prime Minister is the Head of Government

Article 54. The Prime Minister shall be the chief policy maker and lead the executive

Article 55. The government will be drawn from the National Assembly and will form the Council of State; pursuant with Article 62 and 67.

Article 56. The monarch shall appoint the head of the political party that commands the most seats with the National Assembly as Prime Minister.

Article 57. The Prime Minister must be:

(a) a citizen of the realm and have been a citizen of the realm for a minimum of ten years.;
(b) At least twenty-one years of age on the date of election;
(c) In addition to Article 55A: (1) they must have had permanent residence in the realm for at least three consecutive years (2) and must not have been out of the country for longer than 6 consecutive months;
(d) Article 55C, Subsection 2 is not applicable if the absence has been sanctioned by the government or a registered charity. Or if office has been held within an international or inter-governmental organisation that the realm is a member of.

Article 58. The Prime Minister may serve a maximum of three consecutive terms as long as they continue to command the confidence of their party. A term length is 5 years.

Article 59. The Prime Minister shall posses the following powers and duties:

• The power to appoint or dismiss ministers of the council and government
• To power to appoint or dismiss other most senior public appointments
• The power to negotiate foreign treaties, including trade arrangements with other states and international organisations
• The power to (1) command the armed forces and (2) conduct them to action at the consent of the National Assembly and the Council.
• The power to introduce bills of declarations of war to the National Assembly
• The power to conduct foreign policy and determine relationships with foreign powers and to represent the country internationally
• The power to chair the Council; setting its agenda, the committees that shall exist and their make-up.
• The power to set forth the national economic policy alongside the Chancellor of the Exchequer.

Article 60. In case that the sovereignty of the realm is threatened and in the pursuance of the principles of self-defence and preservation of the realm, the Prime Minister may declare Emergency Powers under Article and command the armed forces to action without the consent of the National Assembly.

Article 61. The Prime Minister shall be dismissed by their electoral party if convicted of a crime and awarded a custodial sentence, community order, fine for a public order offence above 10% of their salary or motoring offence in which they are disqualified from driving.

Article 62. Executive power shall be exercised by the Council of State.

Article 63. The council of the state shall possess the following powers:

• To develop and propose the national budget to the National Assembly
• To ensure the implementation of state policies: for Business, Energy and Industry; Digital, Culture, Media and Sport; Education; Environment, Food and Rural Affairs; International Development policy; International Trade; Trade; Work and Pensions; Health and Social Care; Foreign Affairs; the Economy; Home Affairs; Defence; Housing and Communities; and Justice.
• To propose bills and legislation to the National Assembly

Article 64. The Council of State shall delegate the day to day running of the listed areas in Article 62 to ministerial bodies.

Article 65. Ministers of State should be appointed by the Prime Minister from the governing party(s)

Article 66. Ministers of State are accountable to the National Assembly

Article 67. Ministers may only be appointed from the party(s) in government

Article 68. The Council shall jointly approve or dismiss motions of the Prime Minister to call the armed forces into action.


Chapter 5: The Legislature

Article 69. Legislative power shall be vested in the National Assembly.

Article 70. The National Assembly is the foremost representative of the people and shall have the power to create an enact law. The Assembly shall examine the government and administration of the realm.

Article 71. The National Assembly shall be a unicameral body

Article 72. The National Assembly shall contain 200 seats. They shall be elected for a term of five years with elections taking place on the first Tuesday of the month of March.

Article 73. Any citizen who has the right to participate in electoral activities, as set forth in Article 43 may be elected to the Assembly.

Article 74. The annual sitting of the Assembly shall be opened and closed by the Monarch as set forth

(a) The Assembly shall be opened for its yearly sitting on the second Monday of January by midday.
(b) The Assembly shall be closed for its yearly sitting on the 20th of December by 19:00. If the 20th of December falls on a weekend, the Assembly shall be closed on the last weekday prior to the 20th.

Article 75. The National Assembly possesses the following powers and duties:

• Joint approval with the cabinet of Prime Ministerial declarations of emergency.
• Approval of declarations of war
• Approval of the mobilisation of the armed forces
• The power to pass no confidence in the Council of State; pursuant to Article 76.
• Approval of appointment of judges to the Supreme Court and Constitutional Court by the Council.
• The power to vote on and submit amendments to government bills
• Assembly Members are allowed to draft and propose ‘private’ bills to be debated for and voted upon; pursuant to conditions set out in law and parliamentary protocol.
• The power to question the Prime Minister in the Assembly Chamber once per week.
• The power to question Ministers of the Council of State on their relevant ministry once per week.

Article 76. Assembly Members have the power to issue a motion of no confidence in the Council of State.
1) For a motion of no confidence to be put to the house, it must be co-signed by at least 10% (20 members)

Article 77. The National Assembly may amend the constitution in pursuance with Article 100.


Chapter 6: The Judiciary

Article 78. The judiciary must remain independent and impartial from all other arms of the state.

Article 79. The highest courts of the land shall be:

• The Supreme Court for Criminal and Civil Cases
• The Constitutional Court for constitutional and legislative matters.

Article 80. Qualifications for judges shall be set out in law.

Article 81. Justice shall only be administered only in courts of law

Article 82. Inferior judges shall only be removed by the Supreme Court

Article 83. Supreme and Constitutional Judges shall only be removed during their fixed term for committing a criminal offence or violating the Code of Practise of judges.

Article 84. Judges of the Supreme Court are appointed by the Prime Minister and Council of State with the consent of the National Assembly.

Article 85. All trials in courts of the land shall be open.

Article 86. Photographic and video graphic equipment shall be permitted in all cases with the exception of:

(a) Cases in which victims or witnesses who’s security would be put in risk by them being identified
(b) Cases in which the offender is a minor, and their identification would put their security at risk.


Chapter 7: Local self-governance

Article 87. Each province shall have an elected ‘Local Assembly’ to deal with local delegated matters.

Article 88. The Provincial Assemblies shall oversee regional and municipal councils and determine budgets for small local bodies.

Article 89. These provincial assemblies shall be elected through proportional representation.

Article 90. Provincial assemblies are accountable only to their electors.

Article 91. Each city and town shall have local town, district and city ‘councils’ who shall have control over local public matters and local divisions of national ministries.

Article 92. Local governing bodies are accountable to the Home Office and their provincial assemblies.


Chapter 8: Special Provisions

Article 93. A state of emergency may be declared by the Council of State with consent of the National Assembly except in pursuance of Article 60.

Article 94. 2/3 of the National Assembly must vote in favour of a declaration of a State of Emergency for it to be enacted.

Article 95. A State of Emergency can be issued for a limited time, however in the first instance, the maximum time permitted is one week. Upon one week, the Council of State can request that the National Assembly extend the State of Emergency for up to six months.

Article 96. State of Emergency powers can be revoked by the National Assembly at any points if the assembly deems the use of such powers to be no longer needed or that they are being violated.

Article 97. The Council of State may suspend article of the constitution in order to deal with the Emergency at hand. The Council may suspend all applicable articles as set forth in Article 99 or only some, however this must be set forth to the National Assembly for approval.

Article 98. The Council of the State should use good faith and judgement when determining which articles to suspend, ensuring that only those specifically needed in order to deal with the emergency at hand are suspended.

Article 99. The following articles may be suspended or altered in a State of Emergency:

(a) Articles 21 – 48 hours can be extended up to 72 hours at the discretion of the relevant authorities.
(b) Article 31- a court order shall not be deemed necessary; however it must be returned or the owner credited if a court order is not subsequently issued within two weeks.
(c) Article 32 – Property may be searched. The relevant authorities must have legitimate reasons for a search being needed and if it is deemed after the search that is was not justifiable, then the authority shall be held accountable by the courts.
(d) Article 33 – Freedom of movement to certain areas, or movement outside of a persons dwelling during certain times may be suspended.
(e) Article 40
(f) Article 42
(g) Article 75 – “The power to mass no confidence in the Council of State” may be suspended and “or delegated person” may be inserted after “Prime Minister” in “the power to question the Prime Minister”.
(h) Chapter 6 may be suspended.

Article 100. Parts of the Constitution may be amended or added to by the National Assembly. The extent of which, in order to protect the rights and liberties of the people shall be interpreted by the Constitutional Court.

Credit to Noronica

Blakenham

RawReport