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PREAMBLE

This Constitution is written with the purpose of ushering in a new age for the nations and peoples of the Greater Democratic Commonwealth - to usher in an age where the basic socialist principles are paramount.

The rights of every person within the Commonwealth must be codified and preserved so that their way of life may be held up to the world as an example of egalitarianism and equality.  Democracy of the people, from the bottom up with the people making the decisions, is the truest way to bring this vision to pass.

 

Chapter 1 - General Provisions

Article 1 [Definition of the Democratic Commonwealth]
The Democratic Commonwealth is a federation of states, whose sovereignty shall be protected. Its territory shall considered to be whole and indivisible and comprised of the territories of its members.

Article 2 [Democracy]
The Democratic Commonwealth adopts a government regime based on the principles of   free and open democracy.

Article 3 [Power rests in the people]
The sovereign power belongs to the peoples of the Democratic Commonwealth.   The President, as Head of State, shall exercise such power through the Commonwealth Congress, Commonwealth Cabinet and Courts in accordance with the provisions of this Constitution.

Article 4 [Protection of Dignity, Rights and Liberties]
The human dignity, rights and liberties of the people shall be protected.

Article 5 [Equal Rights]
All citizens, regardless of origins, sex, or religion, shall enjoy equal rights under this Constitution.

Article 6 [Commonwealth Law]
The Constitution shall be the supreme law of the Democratic Commonwealth. Laws in contravention of the Constitution shall be deemed illegal, and thus not standing.

 

Chapter Two - General Freedoms and Rights

Article 7 [Fundamental Freedoms]
All citizens of the Democratic Commonwealth shall enjoy the following fundamental freedoms::
(a) freedom of conscience and religion;
(b) freedom of thought, belief, opinion and expression, including freedom of the press and other means of communication;
(c) freedom of peaceful assembly; and
(d) freedom of association.

Article 8 [Fundamental Rights]
All citizens of the Democratic Commonwealth shall enjoy the following basic human rights:
(a) the right to the dignity of work;
(b) the right to housing and shelter;
(c) the right to health and nutrition; and
(d) the right to an education.

 

Chapter Three - Personal Rights

Article 11 [Traditional Communities]
Persons assembling so as to be considered a traditional community shall have the right to conserve or restore their customs, local knowledge, arts or good culture of their community and of the Democratic Commonwealth.

Article 12 [Political Parties]
Persons shall have the right to unite and form a political party for the purpose of expressing the will of the people.

Article 13 [Enterprises and Occupations]
A person shall have the right to engage in an enterprise or an occupation and to undertake a free and fair competition, except where law provides that such an occupation or enterprise shall be regulated by the State.

Article 14 [Protection of Dependents]
Children, youth and family members shall have the right to be protected by the State against violence and unfair treatment.

Article 15 [Arrest]
All persons have the right on arrest or detention
(a) to be informed promptly of the reason therefor; and
(b) to retain and instruct counsel without delay and to be informed of that right

Article 16 [Fair Trial]
Any person charged with an offence has the right
(a) to be informed of the specific charge without unreasonable delay;
(b) to be tried within a reasonable time;
(c) not to be compelled to be a witness against that person in respect of the offence;
(d) to be presumed innocent until proven guilty;
(e) except in the case of an offence under military law tried before a military tribunal, to the benefit of trial by jury where the maximum sentence is five years imprisonment or a less severe punishment;
(g) not to be found guilty of any act or omission unless, at the time of the act or omission, it constituted an offence under national or international law; and
(h) not to stand for trial, if acquitted, or punishment, if found guilty, of the same offence more than once;

Article 17 [Right to Interpretation]
A party or witness in any proceedings who does not understand or speak the language in which the proceedings are conducted or who is deaf has the right to the assistance of an interpreter.

 

Chapter Four - Official Languages

Article 18 [Languages]
The official languages of all constituent Members shall form the body of languages which shall be deemed official in the Democratic Commonwealth.

Article 19 [Congressional Languages]
Everyone has the right to use any official language in any debates or proceedings of the Commonwealth Congress.

Article 20 [Legislative Languages]
(1) The Statutes, records and journals of the Commonwealth Congress shall be printed and published in Nivesk, Baktuk and Darivan.
(2) A translated record shall be produced on request without unreasonable delay.
(3) The working languages of the Commonwealth Congress shall be the native languages of its members.

Article 21 [Court Languages]
Any member of the public of the Democratic Commonwealth has the right to communicate with, and to receive available services from, any head or central office of an institution of the Commonwealth Congress or government of the Democratic Commonwealth in an official language, and has the same right with respect to any other office or any such institution where
(a) there is significant demand for communications with and services from that office be available in other official languages; and
(b) due to the natur eof th eoffice, it is reasonable to expect that communication with and services from that office be available in other official languages.

 

Chapter Five - Obligations of the State

Article 22 [State protection]
The State shall protect and uphold the independence and integrity of its territories.

Article 23 [Armed Forces]
The State shall arrange for the maintainance of the armed forces for the protection and upholding of its independence, security of the State, national interests, and for national development.

Article 24 [Legal Obligations]
The State shall ensure the compliance with the law, protect the rights and liberties of a person, provide efficient administration of justice, serve justice to the people expediently and equally, and organize an efficient system of public administration.

Article 25 [Public Participation]
The State shall encourage public participation in the democratic structure of the government.

Article 26 [Health Care]
The State shall thoroughly provide and promote standard and efficient public health service.

Article 27 [Distribution of Incomes]
The State shall implement fair distribution of incomes.

Article 28 [Employment]
The State shall encourage, promote and aid people of working age to obtain employment, protect labour, and provide a system of labour relations, social security, and fair wages.

 

Chapter Six - Commonwealth Congress

Part I - General Provisions

Article 29 [Bicameral Structure]
The Commonwealth Congress consists of the Commonwealth Assembly and Commonwealth Senate.

Article 30 [Leadership]
The President of the Commonwealth Senate shall be the President of the Commonwealth Congress and the Chair of the Commonwealth Assembly shall be the Vice-President of the Commonwealth Congress.

Article 31 [Laws]
A bill shall only pass into law with the approval of both levels of the Commonwealth Congress.

Article 32 [Ratification of Laws]
After a law has been passed by the Commonwealth Congress  it shall be presented to the President for consideration. If signed, it shall pass into force immediately or on a date specified within the law. If it is not signed, it shall be returned to the Commonwealth Congress for further consideration.

Article 33 [Separation of Houses]
No person shall hold office in both the Commonwealth Assembly and Commonwealth Senate simultaneously.

Part II - Commonwealth Assembly

Article 34 [Seats]
The Commonwealth Assembly consists of a number of seats as proscribed by law.

Article 35 [Method of Election]
(1) Three-quarters of the seats of the Commonwealth Assembly shall be reserved for election based on one-member constituencies;
(2) The remainder shall be divided proportionally among political parties to more accurately represent the distribution of votes.  Division of seats shall be done by party list.

Article 36 [Official Parties]
Any party receiving less than 5% of the vote on a whole through the entire Democratic Commonwealth shall not be considered an official party and therefore not eligable for the proportional distribution of seats by party list.

Article 37 [Constituency Size]
Constituencies shall be populated by no fewer than 600,000 people and no more than 800,000 people.

Article 38 [Voting Restrictions]
In a general election, a person may cast only one vote for one list of candidates prepared by a party and, in an election on a constituency basis, for one candidate in that constituency.

Article 39 [Term Lengths]
A member of the Commonwealth Assembly shall sit for a period of four years from the date they are elected.  There shall be no limit on the number of elections a member may stand for.

Article 40 [Dissolution]
The President may dissolve the Commonwealth Assembly and call for new elections at his discretion.

Article 41 [Membership]
Membership in the Commonwealth Assembly terminates upon
(a) expiration of the term or dissolution of the Commonwealth Congress;
(b) death;
(c) resignation;
(d) being appointed to the Commonwealth Senate, as a Commonwealth Minister, or elected as President;
(e) resignation of membership in the party the member ran under in the previous election;
(f) loss of membership in the party the member ran under in the previous election.

Part III - Commonwealth Senate

Article 42 [Seats]
The Commonwealth Senate shall be composed of ten members for each Member State.

Article 43 [Term Lengths]
A member of the Commonwealth Senate shall sit for a period of five years from they date they are elected.  There shall be no limit to the number of terms a member may stand for.

Article 44 [Term Extensions]
A member may have their term extended past two elections by majority vote of the legislative assembly of the Member State or region they represent.

Article 45 [Membership]
Membership in the Commonwealth Senate terminates upon
(a) expiration of the term;
(b) death;
(c) resignation;
(d) being elected to the Commonwealth Assembly, appointment as a Commonwealth Minister, or elected as President;
(e) resignation of membership in the party the member ran under in the previous election;
(f) loss of membership in the party the member ran under in the previous election;

 

Chapter Seven - Prime Minister

Article 46 [Requirements]
The Prime Minister shall be a leader of a party holding no fewer than 5% of the seats of the Commonwealth Assembly.

Article 47 [Appointment]
The Prime Minister shall be appointed from the Commonwealth Congress by the President.

Article 48 [Position]
The Prime Minister shall be the Head of Government of the Commonwealth.

Article 49 [Duties]
The Prime Minister shall
(1) direct government policy in the legislature;
(2) propose Commonwealth Ministers to the President;
(3) sign, with the President, laws into effect;
(4) other responsibilities as they may arise.

 

Chapter Eight - Commonwealth Ministers

Article 50 [Appointment]
The President shall appoint and dismiss Commonwealth Ministers as he or she sees fit.

Article 51 [Origins]
A Commonwealth Minister must not be an elected or appointed member of the Commonwealth Congress.

Article 52 [Economy and Finance]
A Commonwealth Ministry of Economy and Finance shall oversee the departments of Agriculture, Construction, Energy, Finance, Forestry, Heavy Industry, Light Industry, Mining, Petroleum, Planning, Private Enterprise, Rural Affairs and Science and Technology.

Article 53 [Defense]
A Commonwealth Ministry of Defense shall oversee defense policy and the Armed Forces of the Commonwealth.

Article 54 [Domestic Affairs]
A Commonwealth Ministry of Domestic Affairs shall oversee the departments of Citizenship and Immigration, Health, Information and Propaganda, Internal Trade, Justice, Labour, Mass Communication, Railways, Transportation, and Union Security.

Article 55 [Environmental Affairs]
A Commonwealth Ministry of Environmental Affairs shall oversee the departments of Fisheries and Oceans, Natural Resources, Parks, and Protection.

Article 56 [Foreign Affairs]
A Commonwealth Ministry of Foreign Affairs shall oversee the departments of Foreign Economic Affairs, Foreign Relations, and Foreign Trade.

Article 57 [Nationalities]
A Commonwealth Ministry of Nationalities shall oversee the relations between the various levels of government.

Article 58 [Additional Duties]
Additional departments and duties may be added to each Commonwealth Ministry at the discretion of the President

 

Chapter Nine - Courts

Article 59 [Courts]
There shall be the following courts within the Democratic Commonwealth:
(a) Commonwealth Court;
(b) Supreme Courts;
(d) Regional and city courts;
(e) district courts; and
(f) military tribunals in the Armed Forces

Article 60 [Appointment]
Judges and Assessors shall be appointed by Commonwealth, federal, regional or local legislative bodies

Article 61 [Commonwealth Court]
(1) The Commonwealth Court  shall be the highest court in the Commonwealth and oversee the work of all other courts and assessors;
(2) Any ruling of the Commonwealth Court shall be considered a final decision unless overturned by three-quarters vote of the Commonwealth Congress.

Article 62 [Openness]
Proceedings in all courts shall be open to the public, except in those cases as dictates by law.

Article 63 [Uniformity]
(1) All Commonwealth laws shall be enforced equally in all Member States.
(2) In the event of a difference between Commonwealth and federal law, the Commonwealth law shall take prevalance.

 

Chapter Ten - President of the Commonwealth

Article 64 [Election]
The President is elected by universal popular vote.

Article 65 [Position]
The President shall be the Head of State of the Democratic Commonwealth and shall exercise all powers therein.

Article 66 [Duties]
The President shall be responsible for
(a) calling elections of the Commonwealth Congress;
(b) appointing and dismissing Commonwealth Ministers;
(c) signing laws into effect;
(d) directing government policy; and
(e) other responsibilities as they may arise.

 

Chapter Eleven - Structure of the Commonwealth

Article 67 [Entities]
The following shall be recognized entities within the Democratic Commonwealth:
(a) the Commonwealth state;
(b) Member States;
(c) Regions;
(d) Districts;
(e) Cities; and
(f) Municipalities

Article 68 [Commonwealth State]
The jurisdiction of the Democratic Commonwealth, as represented by its highest bodies of state authority and administration, shall cover
(a) the admission of new Member States to the Democratic Commonwealth;
(b) determination of the state boundaries of the federation and approval of changes in the boundaries between Member States;
(c) establishment of the general principles for the organization and functioning of Commonwealth, federal and local bodies of state authority and administration;
(d) the ensurance of uniformity of legislative norms throughout the Democratic Commonwealth;
(e) pursuance of a uniform social and economic policy;
(f) determination of the main lines of scientific and technological progress;
(g) general measures for rational exploitation and conservation of natural resources;
(h) the drafting and approval of state plans for the economic and social development of the Democratic Commonwealth,
(i) the drafting and approval of the consolidated Budget of the Democratic Commonwealth;
(j) management of a single monetary and credit system;
(k) determination of the taxes and revenues forming the Budget of the Democratic Commonwealth
(l) the formulation of prices and wages policy;
(m) direction of the sectors of the economy, and of enterprises and amalgamations under Commonwealth;
(n) issuance of bank notes and coining of money;
(o) issues of war and peace, defence of the sovereignty, safeguarding of frontiers and territory, organization of defence, and direction of the Armed Forces of the Commonwealth;
(p) state security;
(q) representation of the whole of the Democratic Commonwealth in international relations;
(r) control over observance of the Constitution of the Democratic Commonwealth; and
(s) settlement of all matters of a all-federation importance.

Article 69 [Member States]
(a) A Member State is sovereign state that has united with other states in the Democratic Commonwealth.
(b) Member States shall have jurisdiction over all areas not outlined in Article 62 of the Constitution.
(c) The territory of a Member State shall not be altered without its consent.
(d) Member States retain the right to secede from the Democratic Commonwealth.
(e) The sovereign rights of a Member State shall be safeguarded by the Democratic Commonwealth.
(f) Member States shall retain the right to engage in international relations outside the Commonwealth in regional or affairs given control to them by the Constitution or in agreements with the Commonwealth government.

Article 70 [Regions]
(1) A Region is a constituent part of a Member State.
(2) A Region shall exercise its own jurisdiction of education and cultural spheres.
(3) A Region shall ensure social development on its territory.

Article 71 [Districts]
A district is an constituent part of a Member State or Region where there is no population concentrated enough to form a municipality.

Article 72 [Cities]
(1) A city shall have a minimal population of ten thousand people.
(2) A city shall facilitate economic and social development within its boundaries.
(3) A city shall retain jurisdiction over construction and planning within its boundaries.

Article 73 [Municipalities]
A municipality is a concentrated grouping of people. It shall facilitate economic and social development within its boundaries.  The boundaries of a municipality shall be inalterable without the consent of the municipality.

 

Chapter Twelve - Council of the Regions

Article 74 [Purpose]
The International Council of the Regions shall provide a forum at the Commonwealth level for local governments to participate in the upper levels of government.

Article 75 [Composition]
The Council shall be composed as follows:
(a) Each region shall contribute two delegates to the Council.
(b) Each Member State shall contribute ten delegates to the Council, selected from a list of names provided by district commissioners and mayors.

Article 76 [Term Lengths]
(1) No member of the Council shall sit for more than two years without a review of performance by the legislative body of his or her Member State or Region.
(2) No member shall sit for more than four years consecutively.

Article 77 [Duties]
(1) The Council shall review legislation tabled by the Commonwealth Congress.
(2) The Council shall present legislation to the Commonwealth Congress for consideration on matters of importance to localities.
(3) The Council shall provide an international forum for discussion of matters of importance to localities.
(4) The Council shall act to facilitate and expedite economic and social development of localities.
(5) The Council shall present on matters of importance of localities to the Commonwealth Congress.

 

Chapter Thirteen - Armed Forces of the Commonwealth

Article 78 [Consolidation]
All armed forces and militias of the constituent Member States shall be consolidated under the Armed Forces of the Democratic Commonwealth.

Article 79 [Composition]
A person must be a citizen of the Democratic Commonwealth and meet all requirements established by the Commonwealth Ministry of Defense in order to serve in the Armed Forces.

Article 80 [Conscription]
Conscription may be enforced during times of war to fill the ranks of the Armed Forces.

Article 81 [Military Tribunals]
Crimes committed during a term of service in the Armed Forces shall be tried by a military tribunal and subject to the procedures and penalties proscribed by military law.

Article 82 [Leadership]
Leadership of the Armed Forces shall be embodied by the Central Command of the Commonwealth, which shall be lead by a Forces Chief of Staff and composed of a chief of staff for each branch of the Armed Forces.

Article 83 [Service]
Service in the Armed Forces shall be an honourable duty of all citizens.

 

Chapter Fourteen - Economic Provisions

Article 84 [Economic Freedom]
The Democratic Commonwealth shall respect the principles of economic freedom, such as they do not infringe on the general interests of the federation or its peoples.

Article 85 [Private Economic Activity]
The Democratic Commonwealth may legislate on the exercise of of private economic activity.

Article 86 [Unified Economic Area]
The Democratic Commonwealth shall strive to create as unified an economic area as is possible.

Article 87 [Commonwealth Central Bank]
As an independent central bank, the Commonwealth Central Bank shall follow a monetary policy which serves the general interest of the Democratic Commonwealth, and shall be operated with the cooperation and supervision of the Democratic Commonwealth.

Article 88 [Economic Development]
(1) The Democratic Commonwealth shall take action to ensure balanced economic development and to prevent and fight unemployment and inflation.
(2) It shall take into account the economic development of the various regions, and cooperate to formulate a sound developmental policy.

Article 89 [Foreign Trade]
(1) The Democratic Commonwealth shall safeguard abroad the interests of the Commonwealth economy.
(2) The Democratic Commonwealth may take actions to protect the domestic economy.

 

Chapter Fiveteen - Emblem, Flag, Anthem and Capital

Article 90 [Emblem]
The State Emblem of the Democratic Commonwealth shall be that which is proscribed by law.

Article 91 [Flag]
The State Flag of the Democratic Commonwealth shall be that which is proscribed by law.

Article 92 [Anthem
The State Anthem of the Democratic Commonwealth shall be that which is proscribed by law.

Article 93 [Capital]
The Capital of the Democratic Commonwealth shall be the city of Selansk, Niveskia.

 

Chapter Sixteen - Referendums

Article 94 [Eligability]
All citizens eligable to vote in a general election shall be eligable to vote in a referendum

Article 95 [Formula]
For a referendum to succeed, it must obtain the support of sixty-percent of the votes cast and sixty-percent of the Members.

 

Chapter Seventeen - Amendments

Article 96 [Procedure]
An amendment to the Constitution may be proposed by either chamber of the Commonwealth Congress, a Member State, or a petition by the people. If it is proposed by any group other than the people, it must receive full support from both chambers of the Commonwealth Congress and a majority of the Member States. If proposed by the people, or receiving the required support, all amendments must be put to a referendum whose results shall be dictated by Article 89 of the Constitution.

 

Chapter Eighteen - Citation

Article 99 [Citation]
This document may be cited as the Constitution of the Greater Democratic Commonwealth, 1511

 

Chapter Nineteen - Promulgation

Article 100 [Promulgation]
The Constitution shall be promulgated by the President following approval by the Commonwealth Congress  and legislative bodies of the Republics.

 

 

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The Greater Democratic Commonwealth is the personal nation of Joshua Chabbert on Scandia.

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