CONSTITUTION OF THE UNION OF CHRISTIAN NATIONS |
PREAMBLE
Humbly relying on the blessings and guidance of our almighty God, We the residents of the
Union of Christian Nations, in order to form a more perfect Union, do ordain and establish this Constitution to establish justice, ensure domestic tranquillity, promote the general welfare and to uphold freedom, tolerance, individual dignity and the rule of law for now and many years to come.
GENERAL PROVISIONS
Article 1 Authority of the Constitution
1.1 This constitution is the highest legal authority of the Union of Christian Nations and all other laws in conflict, to the extent of the inconsistency, shall be null and void.
Article 2 Mission Statement
2.1 Being led by the spirit with Jesus at our centre, God as our focus and the bible as our guide, our mission is to be an open, community-oriented region shaped by the grace of God and the love of Jesus Christ.
Article 3 Goals
3.1 Fulfil our mission statement.
3.2 Love God with all our heart, soul, mind and strength.
3.3 Love our neighbour as ourselves.
3.4 Be a region open to and respectful of all, promoting Jesus in every action and engaging respectfully with everyone.
RIGHTS & FREEDOMS
Article 4 Guaranteed Rights & Freedoms
4.1 The following rights and freedoms shall be protected and guaranteed to all:
a) Freedom of thought, conscience, religion and belief.
b) Freedom of the media, press and the right to publish.
c) Right to peaceful assembly, association and expression.
d) Freedom from all forms of bullying and discrimination, directly or indirectly, based on a personal characteristic including, but not limited to race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, association, culture, language or birth, unless it is established that the discrimination is fair and reasonable.
e) Right to emigrate.
f) Freedom from ex-post facto laws and bills of attainder.
g) Freedom from cruel and unusual punishment.
h) Freedom from self-incrimination and from being charged or tried for the same crime more than once after having been previously acquitted or convicted.
i) Right to equal protection and the benefit of the law, including all rights and freedoms.
j) Right to due process.
k) Right to the presumption of innocence.
l) Right to a fair, impartial, timely hearing and judgement in all legal proceedings.
m) Right to be informed of charges against them.
n) Right to view the full text of all bills and proposals at vote before The Parliament.
o) Freedom from being held criminally liable for bona fide legislative statements in relation to a matter under consideration by Parliament.
p) Right to vote in free and fair elections, based on the principle of one player, one vote.
4.2 This article does not deny the existence of any other rights or freedoms that are recognised, conferred or implied by the Constitution, legislation, interregional law or the common law, to the extent that they are consistent with this section.
THE LEGISLATURE
Article 5 Legislative Power
5.1 Legislative power shall be vested in the 'Parliament of the Union of Christian Nations'. The Parliament shall consist of 2 chambers, the House of Representatives and the Senate.
Article 6 General Provisions
6.1 A bill shall become law after attaining a majority of votes cast in both chambers.
6.2 Each chamber shall determine the rules of its own proceedings.
6.3 Each chamber may expel a member for up to 2 months by a 2/3rd vote, for violating their rules.
6.4 Any member of Parliament, not otherwise expelled or serving a criminal sentence, may draft, sponsor, introduce, debate and vote on bills and motions in their respective chamber.
6.5 Each bill shall be confined to one substantive area unless it is codifying, revising or rearranging existing laws. The subject of each bill shall be expressed in the title.
6.6 The vote of each member within a chamber of Parliament shall be equal.
Article 7 - The House of Representatives
7.1 Every resident that has been in the region for at least 10 days, shall be a member of the House provided they are not the President, a Senator, a Judge or the puppet of another resident.
7.2 The House shall choose a member to serve as the 'Speaker of the House of Representatives', or 'the Speaker' for a period of 6 months, or as often as a vacancy occurs. The Speaker shall be responsible for overseeing the business of the House and ensure its proceedings are conducted in an orderly and timely manner. The Speaker may only vote in the House to break a tie. The Speaker may delegate their responsibilities to another member of the House for any time not extending past their term, except for their ability to break a tie. The Speaker may resign or be removed from office by a majority vote of the House.
7.3 All bills relating directly to the following areas must originate in the House. The Senate may propose or concur with amendments as with other bills.
a) The composition, function and affairs of the House.
b) The number of Senators
c) The election of Senators and The President
d) Constitutionally authorised removals from office, where a vote of both the House and Senate are required.
Article 8 - The Senate
8.1 There shall be at least 5 Senators, who shall be elected to 4 month terms commencing on the first day of January, May and September and finishing on the last day of April, August and December of each year.
8.2 A Senator must, throughout their term, be a resident of the region.
8.3 After each Senate election or as often as a vacancy occurs, the Senate shall choose from among themselves a Senator to serve as Vice President. The Vice President shall be the Chair of the Senate and be responsible for overseeing the business of the chamber and ensure its proceedings are conducted in an orderly and timely manner. The Vice President may only vote in the Senate to break a tie. The Vice President may delegate their responsibilities as Chair to another Senator for any time not extending past their term, except for their ability to break a tie.
8.4 The Vice President may resign or be removed from office by a majority vote of the Senate.
8.5 A Senator may be removed from office by a majority vote of the House and a 2/3 vote of Senators, excluding the Senator in question.
Qualifications & Elections of Senators
8.6 Senate elections shall take place in the months of April, August and December.
8.7 Any resident may stand for election to the Senate providing they have been a resident of the region for at least 30 days, are not the President, a Judge, a puppet of another resident, are not serving a criminal sentence and have had their nomination seconded by a political party or by at least 3 residents who are eligible to be electors in Senate elections.
8.8 Those residents qualified to be electors shall be every resident that has been in the Union of Christian Nations at least 10 days and is not the puppet of another resident.
8.9 Senators shall be decided in one election by regional poll, or by telegram for sitting judges, through a system of proportional representation. Candidates may contest the election as a member of a list or as a sole candidate. Candidates on lists shall submitted in the order they shall be elected, provided there be no less than 2 candidates and no more candidates that positions available. Each political party shall be entitled to submit a list. Electors may cast only 1 vote. A quota shall be determined by dividing the number of valid votes cast by the number of positions available. Successful candidates shall be determined using the largest remainder method and the Hare quota.
8.10 If a list or sole candidate is entitled to a seat but is unable to fill it, they shall nominate another list or sole candidate for their remainder to be transferred to.
8.11 Any change to the election or number of Senators shall take effect at the election following the change.
THE EXECUTIVE
Article 9 Executive Power
9.1 The executive power of the Union of Christian Nations shall be vested in the Governor, the President, the Vice President and the Cabinet.
Article 10 The Governor
10.1 The Governor shall be the ultimate guarantor of the Constitution.
10.2 The Governor shall retain the following reserve powers:
a) Act in any way necessary to uphold the Constitutional order.
b) Act in any way necessary to prevent or stop an invasion, war, coup d'ιtat, insurrenction or unlawful usurpation of power.
c) Appoint a successor, at their discretion.
10.3 The Founder shall serve as the Governor until such a time that they abdicate or cease to exist.
Article 11 The President
11.1 The President shall be responsible for overseeing the regional government and interregional affairs. The President shall be the Head of the Region, Head of the Executive Branch, Chair of Cabinet & Chief Diplomat.
11.2 The President shall be elected for a 6 month term commencing on the first day of March and September and finishing on the last day of February and August.
11.3 The President shall have the power to:
a) Negotiate, sign and administer treaties and other interregional agreements, by and with the advice & consent of the Senate.
b) Appoint Ambassadors, oversee and direct the Diplomatic Corps.
c) Appoint Justices to the Supreme Court, by and with the advice & consent of the Senate.
d) Designate a Justice of the Supreme Court to serve as the Chief Justice of the Supreme Court.
e) Appoint Cabinet-level officials, excluding the World Assembly Delegate and Vice President, by and with the advice and consent of the Senate.
f) Make interim appointments and fill casual vacancies, as they arise.
g) Grant reprieves, pardons and commutations for any offence or conviction, except in cases of removal from office. This power shall not be applied preemptively or to themself. Any action under this section may be overriden by a 2/3 vote of the Senate within 5 days.
h) Promulgate executive orders to provide binding direction on the administration of the region, the implementation and enforcement of the law, the operations of government, or as otherwise permitted by law.
i) Veto laws, or sections of laws, passed by Parliament within 3 days of the bill passing. A veto may be overridden should each chamber of Parliament pass a 3/5ths motion within 10 days of the veto.
11.4 The President may be removed from office by a majority vote of the House and a 2/3 vote of Senators.
11.5 The Vice President shall assume the responsibilities of the President for any period the President ceases to exist or upon agreement with the President for any period of time, not extending past their term. Provisions shall be made in law for succession to the Presidency in the event that the Vice President is unable to assume their responsibilities.
Presidential Elections
11.6 Presidential Elections shall take place in the months of February and August.
11.7 Any resident may stand for election as President providing they have been a resident of the region for at least 100 days, are not the puppet of another resident, are not serving a criminal sentence, are not the sitting President serving their second consecutive term and have had their nomination seconded by either a political party or by at least 5 residents who are eligible to be electors in Presidential elections.
11.8 Those residents qualified to be electors shall be every resident that has been in the Union of Christian Nations at least 10 days and is not the puppet of another resident.
11.9 Voting shall be by regional poll, open only to residents, or by telegram for sitting judges, using the two-round system (TRS). If a candidate receives a majority of votes (50%+1) in the 1st round of voting, they shall be elected as President. If no candidate receives a majority in the 1st round, a 2nd round of voting shall be conducted with the 2 highest scoring nations progressing to the 2nd round. The candidate receiving a majority in the 2nd round shall be elected as President.
11.10 If there is only 1 candidate, a confirmation election shall be held and decided by a simple majority. If the majority confirm the candidate, they shall be elected as President. If the majority reject the candidate, a new election shall be held until a President is elected.
Article 12 The Vice President
12.1 The Vice President shall have the power to:
a) Convene and chair a meeting of Cabinet. This may be overridden by the President.
b) Grant reprieves, pardons and commutations of the President for any offence or conviction, except in the case of removal from office. This power shall not be applied preemptively. Any action under this section may be overriden by a 2/3 vote of the Senate within 5 days.
Article 13 World Assembly Delegate
13.1 The World Assembly Delegate, 'WA Delegate' or 'Delegate' shall serve as the region's representative to the World Assembly and be responsible for the region's representations to the World Assembly.
13.2 There shall be no endorsement cap.
Article 14 - The Cabinet
14.1 The Cabinet shall be made up of the President, Vice President, World Assembly Delegate, Secretaries of Executive Offices, the Governor and up to 2 other members appointed by the President.
14.2 Members of Cabinet shall carry out the day-to-day executive governance of the region.
14.3 No resident shall hold more than 2 Cabinet-level roles or positions. The Speaker shall hold none.
14.4 The President shall serve as the Chair of Cabinet and shall determine the rules for its proceedings and operations. The President may delegate their responsibilities as the Chair of Cabinet to the Vice President for any time not extending past the Vice Presidents term.
14.5 The Vice President shall serve as the Deputy Chair of Cabinet. The Vice President may delegate their responsibilities of chairing Cabinet to any member of Cabinet, excluding the President, for any time not extending past their term.
Article 15 - Executive Offices, Secretaries & the Civil Service
15.1 Executive Offices, or Offices, may be established by the President, however may be removed, changed, added or regulated by Parliament.
15.2 Each Office shall be led by a Secretary. Secretaries shall be responsible for directing and overseeing their Office and administering and enforcing the law.
15.3 Secretaries shall serve at the pleasure of the President however may be removed from office by a majority vote of the House and a 2/3 vote of the Senate.
15.4 Secretaries may appoint Officers to serve as staff in their Offices. Officers shall form the Civil Service.
15.5 Officers shall serve at the discretion of the Secretary however may be removed from office by a majority vote of the House and a 2/3 vote of the Senate.
15.6 Additional powers, scope and functions of Executive Offices, Secretaries and the Civil Service shall be prescribed by the President or by Parliament.
THE JUDICIARY
Article 16 Judicial Power
16.1 Judicial power shall be vested in The Judiciary of the Union of Christian Nations.
16.2 The Judiciary of the Union of Christian Nations shall consist of the 'Supreme Court of the Union of Christian Nations', other Courts as Parliament recognises or subsequently provides for and the Interregional Court of Justice. The Courts shall constitute a unified judicial system for operation and administration.
Article 17 General Provisions
17.1 Anyone may request for a dispute or legal question to be heard by the judiciary.
17.2 The rules governing the judiciary's administration, practices and procedures shall be promulgated by the Chief Justice, however may be removed, changed or added to by a 3/5th vote of each chamber of Parliament.
17.3 Judges shall not exercise any executive or legislative power or hold a role, position or perform an act which compromises the independence, impartiality or integrity of the judiciary.
17.4 When a judge has a conflict of interest with a particular case, that judge shall recuse themselves. If two other judges form a reasonable belief that such a conflict exists, they may compel a judge to recuse themselves.
17.5 A party, or their representative, may request for a judge to recuse themself from a case if they have a reasonable belief that a conflict of interest exists. The request for recusal may be accepted by that judge or by two other judges.
17.6 A judge may be removed from office for any high crime, gross misconduct or gross wrongdoing by a majority vote of the House and a 2/3 vote of the Senate.
17.7 All general provisions in the Constitution and in legislation referring to 'judges' shall apply to all judges, including Justices of the Supreme Court, so far as those provisions are applicable.
17.8 The decisions of courts exercising superior jurisdiction shall be binding on courts exercising inferior jurisdiction.
Article 18 - The Supreme Court
18.1 The Supreme Court shall be the highest Court of the region, with final appellate jurisdiction. The decisions of the Supreme Court shall be final and conclusive.
18.2 There shall be 3 Justices of the Supreme Court, including the Chief Justice, who shall hold their offices during good behaviour for a term of 1 year.
18.3 The Chief Justice shall be the head of the judiciary and oversee the business of the Supreme Court and ensure all proceedings are conducted in an orderly, timely and judicial manner.
Original Jurisdiction of the Supreme Court
18.4 The Supreme Court shall have original jurisdiction in all matters:
a) Relating to war, invasion or a state of emergency;
b) Arising under a treaty or similar instrument not subject to the jurisdiction of the Interregional Court of Justice;
c) Affecting ambassadors, diplomats or official representatives of the Union of Christian Nations or other regions;
d) Between the governments of the Union of Christian Nations and its Affiliate Regions or between the governments of Affiliate Regions or between residents in different regions under the jurisdiction of the Union of Christian Nations.
e) Ascribed to it by an act of Parliament.
18.5 The Supreme Court, sitting as the Court of Disputed Returns, shall determine all matters regarding elections.
Appellate Jurisdiction of the Supreme Court
18.6 The Supreme Court shall have jurisdiction to hear and determine appeals from all judgements, decrees, orders and sentences of any regional Court or judical body, except the Interregional Court of Justice.
18.7 In cases where different Courts or judges have arrived at different conclusions on cases with similar issues or facts, the Supreme Court shall settle any inconsistency in the interpretation or application of the law.
Advisory Jurisdiction of the Supreme Court
18.8 An advisory opinion may be sought from the Supreme Court on important questions of law, which have arisen or appear highly likely to arise and where ordinary legal advice would likely not suffice.
Article 19 Interregional Court of Justice
19.1 The Interregional Court of Justice shall have jurisdiction over all interregional affairs not falling within the original jurisdiction of the Supreme Court.
19.2 The Chief Justice may request an advisory opinion from the Interregional Court of Justice on complex matters of law and refer cases to the Interregional Court of Justice when a case is unable to be heard or resolved by the Union of Christian Nations.
Article 20 Other Courts
20.1 Parliament may recognise or establish other inferior Courts or Tribunals.
AMENDING THE CONSTITUTION
Article 21 Amendment Procedure
21.1 Should a proposal to amend or replace the Constitution pass either chamber of Parliament, a referendum, overseen by the Governor, shall be held to determine whether the proposal should be ratified.
21.2 A resident shall be eligible to vote in a referendum if they are a Senator, a Judge or a member of the House.
21.3 A proposal shall pass if it receives 50%+1 of the regional vote and at least 50%+1 of voting WA members.
MISCELLANEOUS PROVISIONS
Article 22 Pacifism & Neutrality
22.1 The Union of Christian Nations shall be pacifist and neutral.
Article 23 Reception of Treaties as Regional Law
23.1 Treaties and other similar agreements that have been signed and ratified by the Union of Christian Nations shall have full legal authority equivalent to an act of Parliament.
Article 24 - Political Parties
24.1 Any resident may found, join or leave a political party.
24.2 Membership of a party shall not grant any special rights over non-membership.
24.3 Provisions shall be made in law for the establishment, functioning, closure and regulation of political parties.
24.4 For the purpose of Senate & Presidential elections, political parties may only second party members.
Article 25 - State of Emergency
25.1 A State of Emergency may be declared by the Governor or President, whose declaration may be suspended by the Governor, a 2/3rd vote of Cabinet or the Senate; for a period of 5 days when the region is under grave and immediate threat or when the proper functioning of government is substantially disrupted. During a State of Emergency, the declaring party shall take all reasonable, appropriate and proportionate steps, which may include suspending sections of the constitution or other laws, to restore the peace, welfare, good government and proper functioning of the Region. The powers of the Governor and the ability of the Courts to exercise judicial review shall be in no way infringed.
Article 26 - Additional Provisions
26.1 Influence shall be used to break a tie in any election.
Article 27 Transition Provisions
27.1 Notwithstanding anything in this Constitution, the following provisions shall be enacted and observed to ensure an orderly and peaceful transition to this Constitution:
a) This Constitution replaces, and is the successor to, the current Constitution of the Union of Christian Nations which was passed in 2021.
b) All officials, elected, appointed or otherwise, shall retain their current positions for the duration of their existing term, until the next election or through a constitutionally or legally ascribed procedure.
c) The House of Representatives shall be the legal successor to The Assembly.
d) The Senate shall be the legal successor to the Board of Elders, in their legislative function.
e) Cabinet shall be the legal successor to the Board of Elders, in their executive function.
f) At the first Senate election, there shall be 5 Senators elected, unless Parliament makes provision for an alternative number of Senators.
g) All laws, treaties or similar instruments, executive orders, common law, judicial decisions, policies, motions or other similar resolutions and institutions shall be carried forward and become subject to the provisions of this Constitution, to the extent possible.