Constitution Act, 2020 (Aenderia)

From MicroCommons
Jump to navigation Jump to search

Original Proclamation in Constitution Act, 2019 [sic]

“My fellow countrymen! We want peace, we have compromised. But the more we concede, the more Nicholas's regime invades, because they are determined to steal our country again! But now, we have had enough and we must budge no longer! We would rather sacrifice everything, but definitely not lose our country, definitely not to be a slave. Dear fellows! We must stand up! Any man, woman, senior person, young person, does not and would not morally divide religion, party, and ethnicity. As an Aenderian, stand up and overthrow Nicholas's regime, and ultimately save the country. Those who have a gun aim at gunpoint. Those who have swords use swords, They who have swords seized from them by injustice use hoes, spades and sticks. Everyone must resist the regime of Nicholas by saving the country. My brethren… you must be willing to die for self-defense, and the militia! The national salvation time has arrived. We must sacrifice the last drop of blood, to preserve the country. Despite the hardships of resistance, but with a determined determination to sacrifice, certain victories are coming for our people! Aenderia is independent and eternal... Resistance, war, victory! Viva!”

-Chau Khang

Author's notes

Jayden Lycon

The Constitution Act, 2019 helped with stabilizing and modernizing the Fifth Aenderian Republic, making the Fifth Republic the most stable republic of Aenderia in history. Aenderia has moved on from political crises and its citizens have changed political stances. However, new amendments passed by previous governments have made the full constitution harder to read or to access. Furthermore, components included in the act were not needed nor used. (e.g. a Higher Legislature).

For these reasons, on 4 January 2020, the people of Aenderia voted 5/0 to replace the old constitution. This was later reinforced with the Day 365 Act, 2020.

The Constitution Act, 2020, is a new constitution based on the Constitution Act, 2019. It retains the majority of ideas found on the original document, but further expands on them and includes newer amendments.

-Jayden Lycon

William Efton

This new constitution we’re making is something that not only expands on the tenets of last year’s constitution, it builds on the base in which one of the community’s most influential and stable micronations is to govern on. We’re not going to succeed with leniency, we’re all going to need to step up and work harder to make sure the nation and country collectively rises.

-William Efton

Chapter 1 - Proclamation

WHEREAS the people from the states of Arpet, Socialist New Hanoi and Noyan, and the overseas territories of Aaron Island, Bepistan New Zealand, Cyntell, Lamb Sauce Universe, and Nouveau Montréal, have agreed to unite into one nation. This document shall establish the government of the Fifth Aenderian Republic here on out.

1. Citation

This act’s long name shall be “An act to constitute the Fifth Aenderian Republic, 2020” This act’s short name shall be “Constitution Act, 2020”

2. Commencement of Act

This act shall be effective on the day when the President of the current Fifth Aenderian Republic signs this document. The Fifth Aenderian Republic shall be re-established, and this document shall be effective.

3. Area Jurisdiction

This act shall be effective in the states of Arpet, Socialist New Hanoi and Noyan, and the overseas territories of Aaron Island, Bepistan New Zealand, Cyntell, Lamb Sauce Universe, and Nouveau Montréal (“Fifth Aenderian Republic”). This shall be binding on the courts, judges, and people of the Republic.

4. Amendments

This act shall amend the following:

  • Constitution Act, 2019; and amendments made to it:
  • Amendment 5, 2019 (11 August 2019)
  • Fifth Amendment, 2019 (20 July 2019)
  • Amendment X, 2019 (25 January 2019)
  • Amendment III, 2019 (24 June 2019)
  • Amendment 3, 2019 (22 February 2019)
  • Second Amendment Bill (20 February 2019)
  • First Amendment, 2019 (19 February 2019)
  • National Heritage Act, 2019;
  • Executive Order 9; and
  • The Aenderese reintegration and framework for states act.

This act shall only be amended through an Act of Parliament, reaching a fifty per cent (50%) majority vote, and a referendum to the citizens of the Fifth Aenderian Republic (“Citizens”), reaching a fifty per cent (50%) majority vote.

5. Questions

All questions on stuff before the Notary General review shall be ceded by Jayden Lycon. All questions on stuff that the Notary General changed shall be ceded by William Efton.

Chapter 2 - Government

1. Legislative Power

Aenderia’s legislative power shall be in a Parliament, consisting of a unicameral House of Commons.

1.1 Members of the House of Commons

The House of Commons shall be composed of members directly chosen by the people of the Republic through a democratic election.

Members shall serve in an unlimited number of terms, where each term is four (4) months. After four (4) months have passed since the start of the term, the House of Commons is mandated to be dissolved and therefore starting an election to elect the next House of Commons. Refer to the Election chapter regarding rules to elections.

The House of Commons shall consist of a number of members deemed sufficient by the Parliament and is practically achievable, and if the House of Commons deems it is necessary, shall increase or decrease the number of seats in the house with an Act of Parliament.

There shall be three different distinctions of seats in the House:

  • Elected Seats, seats that are awarded to the winner of an election and are filled with a person;
  • Privy Seats, seats that are awarded to those in the Privy Council and are filled with a person; and
  • Prize Seats, seats that are awarded to the political parties of those who win the Presidential elections and grab the most seats in the House excluding Privy Seats. These seats are not filled by a person when awarded but retain their voting powers. These seats may be filled by the party with a member of their choosing under their discretion, with or without a federally sanctioned democratic election.

Members of the House of Commons have the duty to

  • Propose, debate and to vote on legislation;
  • To represent the Aenderian people; and
  • Follow and enforce Aenderian law.

1.2 Speaker

The Speaker of the House shall be the President. The Deputy Speaker(s) of the House shall be the Vice President(s). By any chance, if there is a colitated Federal Privy Council, there can only be one Speaker but there can be an unlimited amount of Deputy Speakers of the House. In such a case, the Federal Privy Council is required to choose a Speaker of the House. Any presidential hopeful candidates in the election preceding the event who did not win the vote will become Deputy Speaker(s) of the House.

The Speaker of the House shall oversee and supervise all meetings of the House of Commons, and enforce order.

This constitution grants the Speaker of the House powers to the right to Kick members of the house temporarily if the Speaker deems that he or she is being disruptive; Host and cancel House of Commons meetings; and The power to allow and/or stop members of the House of Commons from speaking for sufficient reason.

1.3 Process of Proposal to the House of Commons

To propose to the House of Commons, all members must send in their proposals to the Notary General for reading and approval. If it gets approved it shall be discussed and voted upon in the House of Commons. If it passes in the House of Commons, the President has the option to sign it - effectively making it law.

There are multiple rules regarding approval in the Notary General; those being: The proposed act does not interfere with the Constitution Act, 2020 (unless if it is an Amendment); and The proposed act can be physically, monetarily, or politically achieved.

After it passes the Notary General, the Speaker will present the act. Members of the House of Commons will vote on it, and if it reaches a majority, it is signed or vetoed by the President.

1.4 Process of Amending the Constitution Act

For amending this very document, it must be approved by the Notary General. Refer to 1.3 Process of Proposal to the House of Commons for the rules.

After it passes the Notary General, the Speaker will present the act. Members of the House of Commons will vote on it, and if the favoring vote reaches at least seventy (70%) percent, it is then signed or vetoed by a majority vote on the Federal Privy Council.

1.5 Process of Proposal when the House of Commons is inactive

To propose to the House of Commons, all members must send in their proposals to the Notary General for reading. After, it shall be discussed and voted upon in the House of Commons. If it passes in the House of Commons, the President has the option to sign it.

There are multiple rules into approval in the Notary General; those being:

  • The proposed act does not interfere with the Constitution Act, 2020 (unless if it is an Amendment); and
  • The proposed act can be physically, monetarily, or politically achieved.

After it passes the Notary General, the Notary General will present the act into the public for a referendum. Once it hits a seventy (70%) percent majority, the President will then sign or veto the proposal.

1.6 Process of Amending the Constitution Act when the House of Commons is inactive

For amending this very document, it must be approved by the Notary General. Refer to 1.5 Process of Proposal when the House of Commons is inactive for the rules.

After it passes the Notary General, the Notary General will present the act into the public for a referendum. Once it hits a majority, it is then signed or vetoed by a majority vote on the Federal Privy Council.

1.7 Federal Privy Council relations to the House of Commons

All Federal Privy Council members gain a seat in the House of Commons, and voting rights that come with it. These seats are to be designated Privy Seats.

1.8 Official Opposition

The Official Opposition is a member of Parliament for which:

He/she is the leader of the highest party in seats which does not hold power in government He/she is a Member of Parliament

The Official Opposition is the chief critic of the President. If there is a coalition Privy Council and the parties in that Council have an equal number of seats in the House total, the Opposition position should be handed down to the party with the least seats total.

1.9 Dissolution of Parliament

Albeit all House members and seats are subject to a limited term, the House of Commons reserves the right to dissolve Parliament through an Act of No Confidence, thus vacating all Seats of the House and starting a new election. An Act of No Confidence requires a seventy percent (70%) supermajority to pass.

1.9.1 The Fourth Republic Act

The President may reasonably deny an Act of No Confidence if:

  • The President agrees to enter into a Coalition Federal Privy Council with parties that combined control more than forty percent (40%) of seats of the House of Commons;
  • Three (3) or more Acts of No Confidence were passed during a period of thirty (30) days; or
  • A non-partisan jury approves such request.

This shall only be done to prevent a political crisis.

1.10 Quota

To ensure that the activity of Aenderia is protected, a minimum requirement of one (1) proposal (A small bill or question, e.g. “Should the Government join the Cupertino Alliance?”) to be decided on a week shall be placed. If this quota is not met more than two (2) times, it is a failure of duty and the government will go provisional, starting new elections for the House of Commons. This quota resets every term.

Similarly, a requirement of one (1) bill (A proposal spanning 2 or more pages) to be passed every two (2) weeks shall be placed. If this quota is not met more than two (2) times, it is a failure of duty and the government will go provisional, starting new elections for the House of Commons. This quota resets every term.

The President is required to propose at least one (1) proposal every month. If this quota is not met more than two (2) times, it is a failure of duty and therefore an impeachable offence. Furthermore, the President is required to propose at least one (1) bill every four (4) weeks. If this quota is failed more than two (2) times, it is a failure of duty and therefore an impeachable offence.

The Vice President is required to propose at least one (1) proposal every two (2) weeks. If this quota is failed more than two (2) times, it is a failure of duty and therefore an impeachable offence. Furthermore, the Vice President is required to propose at least one (1) bill every four (4) weeks. If this quota is failed more than two (2) times, it is a failure of duty and therefore an impeachable offence.

The Speaker of the House is mandated to hold or attend at least one (1) session every two (2) weeks. If they fail this requirement for at least two (2) times, it is a failure of duty and therefore an impeachable offence.

The Deputy Speaker of the House is mandated to take over the Speaker of the House when they can’t attend a meeting. If they fail to meet this requirement for at least two (2) times, it is a failure of duty and therefore an impeachable offence.

Members of the House of Commons require to vote at least two (2) times a month (“Voting requirement”). Furthermore, members of the House of Commons are required to propose one (1) new proposal every two (2) months (“Proposing bills requirement”). If they fail to meet this requirement for at least two (2) times (voting requirement) or for at least one (1) time (proposing bills requirement), it is a failure of duty and therefore an impeachable offence. The proposing bill’s requirement is waived if there are insufficient proposals to vote.

To make sure that the public is trustful in our government to ensure that these requirements are checked, the public shall be allowed to view the House of Commons chat. This right is not extended to the House of Commons voting channel, however, screenshots must be provided at the public’s request.

2. Federal Privy Council

The Federal Privy Council is the official executive branch of the government. It shall contain:

  • President(s)
  • Vice President(s)

The President gains the right to overturn any bill, which has not had special instructions on overturning, by the House of Commons.

2.1 Coalition Federal Privy Council

If there happens to be a coalition of two or more parties, the leaders of all the parties become President. Members of the Federal Privy Council must propose proposals, and at least a 50% or more majority vote is needed to enact the proposal.

2.1.1 Head of State in a Coalition Federal Privy Council

The Federal Privy Council will also elect a head of state to represent the country in diplomatic affairs. Nominees for the head of state must already be a member of the Federal Privy Council at that time. The Federal Privy Council acts as the Head of State.

2.2 President

The President shall be chosen through an election, and serve an unlimited amount of terms, in which one term is four (4) months. Though, the term limit may be amended by an Act of Parliament. Furthermore, the President must be a citizen of Aenderia for at least two (2) weeks and be the age of at least eleven (11).

The President gains the right to resign for any reason, though the resigning President must name his / her successor. If the resigning President fails to fulfill this action, the Vice President will take the office, if it is a non-coalition Federal Privy Council. If it is a coalition Federal Privy Council, refer to 1.2.1.1 Head of State in a Coalition Federal Privy Council.

2.2.1 Duties of a President in a Non-coalition Federal Privy Council

The duties of the President is to

  • Respond and resolve domestic issues and foreign issues
  • Issue treaties and executive orders at their discretion
  • Be present at their job for at least three (3) days a week
  • Sign, or veto legislation passed in Parliament
  • Comply and enforce all laws and government orders, regardless of the appeal
  • Perform regular checks with the populace and government
  • Comply with the people’s needs and wants

2.2.2 Duties of a President in a Coalition Federal Privy Council

The duties of the President in a Coalition Federal Privy Council is to

  • Respond and resolve domestic issues and foreign issues
  • Issue treaties and executive orders at their discretion
  • Be present at their job for at least three (3) days a week
  • Sign, or veto legislation passed in the House of Commons
  • Sign legislation passed in the Federal Privy Council
  • Comply and enforce all laws and government orders, regardless of the appeal
  • Perform regular checks with the populace and government
  • Comply with the people’s needs and wants

2.3 Vice President

The Vice President shall be chosen through an election, where the running mate of the Presidential ticket shall become the Vice President if he/she wins. The Vice President shall have an unlimited amount of terms, in which one term is four (4) months. Though, the term limit may be amended by an Act of Parliament. Furthermore, the President must be a citizen of Aenderia for at least one (1) week.

The Vice President gains the right to resign for any reason, though the resigning President must name his / her successor. If the resigning President fails to fulfill this action, there would simply be no Vice President until the end of the Presidential term. If the President has the interest of renewing their term, he/she will be required to appoint a Vice Presidential ticket.

2.3.1 Duties of a Vice President

The duties of the Vice President is to

  • Respond and resolve to domestic issues
  • Be present at their job for at least three (3) days a week
  • Curate a cabinet for themselves and the President
  • Comply and enforce all laws and government orders, regardless of appeal
  • Perform regular checks with the populace and government
  • Comply with the people’s needs and wants
  • Handle inquiries and other questions regarding them or the President
  • Help the president abstain from any acts of fiction

2.4 Executive Orders in a Non-coalition Federal Privy Council

The President may issue an executive order if:

  • It helps solve a crisis
  • It is beneficial to the Government of Aenderia and the People of Aenderia.

All executive orders have to:

  • Follow the Constitution Act, 2020, and the Criminal Code, 2019.

To be approved, the President needs to sign it, and approval from the Minister of Justice and Elections needs to be granted before coming into effect.

2.5 Executive Orders in a Coalition Federal Privy Council

The Federal Privy Council may issue an executive order if:

  • It helps solve a crisis
  • It is beneficial to the Government of Aenderia and the People of Aenderia.

All executive orders have to:

  • Follow the Constitution Act, 2020, and the Criminal Code, 2019.

To be approved, a majority sixty (60%) a vote needs to be passed in the Council, and approval from the Minister of Justice and Elections needs to be granted before coming into effect.

3. Cabinet

The President or, in a coalition government, Federal Privy Council shall appoint citizens of Aenderia to carry out duties specific to the act. The cabinet shall be replaced once the President’s term is finished.

3.1 Starting Cabinet

The cabinet shall consist of:

  • Minister of State, Overseas Territories, Federal Dominions, and Special Administrative Regions
  • Minister of National Defence and the Solicitor General
  • Minister of Foreign Affairs
  • Minister of Culture, Gambling, and National Heritage
  • Minister of Justice and Elections

3.1.1 Amends “3.1 Starting Cabinet”

The President or, in a coalition government, Federal Privy Council has the right to increase or decrease the number of Ministers in the cabinet at any time, and the power to fire any Minister.

3.2 Eligibility

To be eligible for appointment to cabinet, the person in question must fulfill all of the requirements listed below:

  • Must be an Aenderian citizen for more than two (2) weeks
  • Must be at least eleven (11) years old

4. Judiciary

The judiciary shall be the justice branch of the Government. It is the system of courts and shall protect democracy and Aenderian law.

4.1 Courts System

The judiciary branch shall have 4 courts:

  • First District is the lower court to Overseas Territories or States.
  • Second District is the lower court to Special Administrative Regions or Federal Dominions.
  • Superior Court is the superior court of Aenderia. Prerequisite to trial is a hearing from the First or Second Districts.
  • Appeals Court is the appeals court of Aenderia. Prerequisite to trial is a hearing from the First or Second Districts or Superior Court.

4.2 Administration

The administration of all of the judiciary branch (“Minister of Justice and Elections”) shall be headed by the Minister of Justice and Elections.

The Justice Chief Commissioner shall oversee courts and shall manage the database for court personnel.

The Notary General shall read and approve laws to be passed into the House of Commons.

4.3 Duties of the Minister of Justice and Elections

The Minister of Justice and Elections shall represent the courts in the House of Commons, as well as overseeing the Notary General and Justice Chief Commissioner in their workings. The Minister shall also supervise elections.

4.4 Duties of the Justice Chief Commissioner

The Justice Chief Commissioner shall maintain Aenderian courts. Due to security reasons, the incumbent Chief Commissioner must not be named. He/she will be represented by the Minister of Justice and Elections.

The Justice Chief-Commissioner will be appointed by a 51% vote or higher from the Federal Privy Council.

4.5 Duties of the Notary General

Refer to 1.3 “Process of Proposal to the House of Commons”

The Notary General will be appointed by a fifty percent (50%) vote or higher from the Federal Privy Council.

4.6 Attorney General of Aenderia

The Attorney General of Aenderia shall represent the Government in all cases related to the Government of Aenderia.

The Attorney General will be appointed by a fifty percent (50%) vote or higher from the Federal Privy Council. 4.8 applies.

4.7 Process of Starting a Lawsuit

The applicant must inform the Ministry of Justice that he/she has the interest to use the defendant. He/she must fill out a form with the following parameters:

  • Date, time, location of the event(s)
  • A detailed timeline of the incident(s)
  • One or more law(s) for which the applicant wants to sue the defendant for
  • The option of trial by jury or judge
  • Representation from the plaintiff (e.g. Him/Herself or contact information to an attorney general/lawyer)

4.8 Attorney General and Lawyer Selection

All lawyers and attorney generals along with public defenders are mandated to register into a database and receive government permission regarding such:

  • The Chief-Commissioner may decline any application for no specific reason
  • Only the Federal Privy Council can overrule any decision by the Chief-Commissioner
  • The Chief-Commissioner reserves the right to ask any applicants over 18 years of age for a valid macronational criminal record.
  • Requiring applicants to do a test with Aenderian laws and civics
  • Must be an active Aenderian citizen

This act will better protect and serve the people of Aenderia.

4.9 Process of Choosing a Jury

The jury shall be picked by the Minister of Justice and Elections

Plaintiffs and Defendants gain the right to request that a jury be thrown out if they successfully win in a hearing. This right only applies until 1 week before the case

Juries shall be made out of volunteers, who maintain valid Aenderian citizenship. Though, certain people may be allowed to serve as a jury without valid Aenderian citizenship. This requires the Minister of Justice and Elections’ approval.

Plaintiffs and/or defendants may be allowed to request a trial by jury, however, this may be declined if there are no juries available or want to volunteer.

Juries will have the duty to effectively make a decision to a case without interference from the defendants or plaintiff.

4.10 Process of Choosing a Judge

Judges shall be made out of volunteers, which include people with or without valid Aenderian citizenship who have been carefully selected by the Ministry of Justice. Though, certain people may be allowed to serve as a judge without valid Aenderian citizenship. This requires the Minister of Justice’s approval.

  • If, by any chance, there are no judges around, and the Attorney General is not involved in the case, the Attorney General shall judge the case.
  • If the Attorney General is involved in the case, and there are no judges around, the Notary General shall head the case.
  • If both the Notary General and Attorney General are involved in the case, and there are no judges in the case, then other ministries may head the case.

4.11 Discovery

Parties in a lawsuit reserve the right to obtain evidence from the other party (parties) through documents, integrations, etc. This request must be honoured by the other party unless deemed unnecessary, otherwise, the court can file a motion to compel, an issue/inference sanction, or a litigation pending sanction. All documents filed in discovery will be presented at the trial.

Filings must be related to the lawsuit. If a party deems that the document requested does not suit the lawsuit, the party may request for the court to deny the discovery request.

Documents through discovery are not to be tempered with, else it would be against Article 7 of the Criminal Code, 2019. Furthermore, it can lead to an issue/inference sanction or litigation pending sanction.

4.12 Date of Trial

A trial shall be informed to all parties of the lawsuit by the Ministry of Justice.

Trial dates shall not be on:

  • Election days
  • Christmas day (Twenty-five December)
  • New Year’s day (One January)
  • Anyday where Government is closed

All parties will get up to one (1) week to inform the Ministry of Justice that they want to reschedule. Special provisions may be given if the trial is less then one week but a party has to leave due to an emergency.

4.13 Mistrial

If a trial deems to be unfair to a party, a party can file a retrial to the Ministry of Justice. The Minister will investigate if it fulfills the claim and if it is fulfilled, a retrial must be done.

4.14 Witness

Witnesses which can be seen as helpful to a lawsuit may at any time be called up to testify to a lawsuit. Witnesses must follow these rules:

  • All witnesses must declare an oath citing that they will not violate these rules
  • All witnesses must not fabricate nor forge on evidence under oath
  • All witnesses must not lie under oath
  • All witnesses must not have contacted the defendants nor the plaintiff after they have been called to testify.

For which is it proven that a witness has violated one of the clauses, the testification will be omitted from proceedings. Furthermore, certain actions can be taken by the Judge presiding the case if it is found that the plaintiff or defendant has contacted the witness after they have been told to testify or that evidence had been forged or the witness had lied.

4.15 Appeals

If a party disagrees with a ruling, they can appeal to a higher court. The upper courts can hear or throw out the case for any reason.

4.16 Process of Closing a Case

When all courts that can be used have thrown out the case, or have reached a decision, the case can be closed.

5. Impeachment

5.1 Impeachment Justification

Impeachment can be filed for several reasons:

  • Suspected violation(s) of the Criminal Code, 2019
  • Suspected violation(s) of the Constitution Act, 2020
  • Failure to keep quota do the job for which they are assigned to
  • Failure of duty

5.2 Statement Turnaround for the Minister of Justice and Elections

An impeachment request shall be sent through the Minister of Justice and Elections. The Minister of Justice and Elections has one (1) week to reply with anything. The Minister of Justice and Elections must start testifications at least two (2) days after the reply. The trial is required to happen at least one (1) week after the testifications start.

At no such time is the Minister of Justice and Elections permitted to throw out or disregard an impeachment request.

5.3 House of Commons relations to the impeachment holdings

As in Aenderia, we prefer fairness over party loyalty, there is no requirement for the House of Commons to approve an impeachment request.

5.4 Trial Procedure

Refer to Section 4 Judiciary.

6. States

6.1 Requirements of a State

A state requires to

  • Have physical land for which citizens of Aenderia permanently reside in

A state has

  • Their own lower state government

6.2 State Legislature

States shall have a state legislature, below the House of Commons. State Legislature members shall be composed of members directly chosen by the people of the State through a democratic election.

Members shall serve in an unlimited amount of terms, which each term is four (4) months. After four (4) months have passed since the start of the term, the House of Commons is mandated to be dissolved and therefore starting the election. Refer to the Election chapter regarding rules to elections.

The State Legislature shall consist of two (2) members, and if the House of Commons deems it is necessary, shall increase or decrease the number of seats in the house with an Act of Parliament.

Members of the State Legislature have the duty to

  • Propose, debate and to vote on legislation
  • To represent the state’s people
  • Follow and enforce Aenderian and State law

6.3 State Administration

A state shall be administered by a Governor.

The Governor shall be chosen through an election by the people of the State, and serve an unlimited amount of terms, in which one term is four (4) months. Though, the term limit may be amended by an Act of Parliament. Furthermore, the Governor must be a citizen of Aenderia for at least two (2) weeks and be the age of at least eleven (11).

The Governor gains the right to resign for any reason, though the resigning Governor must name his / her successor. If the Governor fails to do this, then elections will be held in no less than two (2) weeks.

6.4 Duties of the Governor

The duties of the Governor is to

  • Respond and resolve state issues
  • Be present at their job for at least three (3) days a week
  • Sign, or veto legislation passed in State Legislature
  • Comply and enforce all laws and government orders, regardless of the appeal
  • Perform regular checks with the populace and government
  • Comply with the state residents’ needs and wants

6.5 Speaker of the State Legislature

The Members of the State Legislature shall elect a speaker to oversee and supervise all meetings of the State Legislature and enforce order.

This constitution grants the Speaker of the State Legislature powers to the right to

  • Kick members of the house temporarily if the Speaker deems that he or she is being disruptive
  • Hosts and/or cancel State Legislature meetings
  • The power to allow and/or stop members of the State Legislature from speaking

6.6 Process of Proposal to the State Legislature

To propose at the State Legislature, all members must send in their proposals to the Notary General for reading. After, it shall be talked and voted upon in the State Legislature. If it passes in the State Legislature, the Governor has the option to sign it.

There are multiple rules into approval in the Notary General; those being:

  • The proposed act does not interfere with the Constitution Act, 2020 (unless if it is an Amendment)
  • The proposed action can be physical, monetary, or politically achieved

After it passes the Notary General, the Speaker will present the act. Members of the State Legislature will vote on it, and if it reaches a majority, it is signed or vetoed by the Governor.

6.7 Official Opposition

The Official Opposition is a member of State Legislature for which:

  • He/she is the leader of the highest party in seats which does not hold power in government
  • He/she is a Member of State Legislature

The Official Opposition is the chief critic of the Governor. He/she is required to make a statement of all of the Governor's work.

6.8 Dissolution of Parliament

Besides the term limits being finished, the State Legislature reserves the right to dissolve Parliament through an Act of No Confidence, thus vacating all State Legislature and starting a new election. An Act of No Confidence requires a seventy percent (70%) supermajority to pass.

6.8.1 The Fourth Republic Act

The Governor may reasonably deny an Act of No Confidence if:

  • Three (3) or more Acts of No Confidence were passed during a period of thirty (30) days
  • A non-partisan jury approves such request

This shall only be done to prevent a political crisis.

7. Overseas Territory

7.1 Requirements of an Overseas Territory

  • An overseas territory requires to have
  • Have physical land for which someone has claimed

A state is

  • Represented by the Minister of State, Overseas Territories, Federal Dominions, and Special Administrative Regions

7.2 Overseas Territory Administration

An overseas territory is not entitled to have a Governor nor a State Legislature. It is instead represented by the Minister of State, Overseas Territories, Federal Dominions, and Special Administrative Regions.

7.3 Duties of the Minister of State, Overseas Territories, Federal Dominions, and Special Administrative Regions

The duties of the Minister of State, Overseas Territories, Federal Dominions, and Special Administrative Regions is to

  • Respond and resolve territorial issues
  • Be present at their job for at least three (3) days a week
  • Comply and enforce all laws and government orders, regardless of the appeal
  • Perform regular checks with the populace and government
  • Comply with the territorial residents’ needs and wants

8. Special Administrative Regions

8.1 Requirements of a Special Administrative Region

A Special Administrative Region requires to

  • Have physical land for which citizens of the Special Administrative Region permanently reside in

A Special Administrative Region has

  • Their own semi-autonomous government

8.2 Special Administrative Region Administration

A Special Administrative Region shall have its own separate government, with Aenderian representation by a Prime Lieutenant Officer. This office is appointed by the head of government of the Special Administrative Region, serves an unlimited term, and can be dismissed by the head of government of the Special Administrative Region at any time for any reason.

8.3 Responsibilities of the Special Administrative Region

The responsibilities of the Special Administrative Region is to:

  • Appoint a Prime Lieutenant Officer to represent the SAR to the Aenderese government
  • Form their own, unbiased Judiciary department
  • Form a defence department
  • Pass laws affecting the Special Administrative Region itself
    • Aenderese laws do not apply, however, these laws passed by the Special Administrative Region must follow the Aenderese constitution.
  • Draft a constitution

8.4 Responsibilities of the Government of Aenderia

The responsibilities of the Government of Aenderia is to

  • Manage foreign affairs
  • Protect SARs
  • Manage citizenship and immigration

8.5 Duties of the Prime Lieutenant Officer

The duties of the Prime Lieutenant Officer is to

  • Check up on the Special Administrative Region if it meets these guidelines
  • To respond with issues relating with the Special Administrative Region and Aenderia
  • To represent the Government of Aenderia to the Government of the Special Administrative Region

8.6 Rights

The Government of Aenderia grants these rights to Special Administrative Region citizens:

  • the right for people to elect their own government
  • the right for national heritage (flags, anthem, coat of arms)
  • to succeed from Aenderia at any time with a majority referendum vote

8.7 Current Foreign Affairs

Any current foreign affairs with the SAR before handover can

  • choose not to continue affairs with the Fifth Aenderian Republic
  • transfer affairs to the Fifth Aenderian Republic

9. Federal Dominion

9.1 Requirements of a Federal Dominion

A Federal Dominion requires to

  • Have physical land for which someone has claimed

A Federal Dominion has

  • Their own semi-autonomous government

9.2 Federal Dominion Administration

A Federal Dominion shall have its own separate government, with Aenderian representation by a Prime Lieutenant Officer. This office is appointed by the head of government of the Federal Dominion, serves an unlimited term, and can be dismissed by the head of government of the Federal Dominion at any time for any reason.

9.3 Responsibilities of the Federal Dominion

The responsibilities of the Federal Dominion is to:

  • Appoint a Prime Lieutenant Officer to represent the Federal Dominion to the Aenderese government
  • Form their own, unbiased Judiciary department
  • Form a defence department
  • Pass laws affecting the Federal Dominion itself
  • Aenderese laws do not apply, however, these laws passed by the Federal Dominion must follow the Aenderese constitution. \
  • Draft a constitution

9.4 Responsibilities of the Government of Aenderia

The responsibilities of the Government of Aenderia is to

  • Manage foreign affairs
  • Protect Federal Dominions
  • Manage citizenship and immigration

9.5 Duties of the Prime Lieutenant Officer

The duties of the Prime Lieutenant Officer is to

  • Check up on the Federal Dominion if it meets these guidelines
  • To respond with issues relating with the Federal Dominion and Aenderia
  • To represent the Government of Aenderia to the Government of the Federal Dominion

8.6 (9.6) Rights

The Government of Aenderia grants these rights to Federal Dominion citizens:

  • the right for people to elect their own government
  • the right for national heritage (flags, anthem, coat of arms)
  • to succeed from Aenderia at any time with a majority referendum vote

8.7 (9.7) Current Foreign Affairs

Any current foreign affairs with the Federal Dominion before handover can

  • choose not to continue affairs with the Fifth Aenderian Republic
  • transfer affairs to the Fifth Aenderian Republic

10. Land Amalgamation

10.1 Rights

All States, Overseas Territories, Special Administrative Regions, and Federal Dominions reserve the right to amalgamate.

10.2 Amalgamation Justification

To justify public support for the amalgamation attempt, all affected States, Overseas Territories, Special Administrative Regions, and Federal Dominions are to required to host a public referendum, with only affected residents of the States, Overseas Territories, Special Administrative Regions, and Federal Dominions allowed to vote.

10.3 Process After Public Support

All affected States, Overseas Territories, Special Administrative Regions, and Federal Dominions are to submit an Act to Amalgamate, showing the future government (States, Overseas Territories, Special Administrative Regions, and Federal Dominions), government framework, proof of public support, and other important information.

This will be reviewed by the Notary General, and if accepted, will be voted upon in the House of Commons. If the House votes for a fifty-one percent (51%) majority, the act passes. The act will be reviewed by the Federal Privy Council, and will be voted upon. If it passes, all affected States, Overseas Territories, Special Administrative Regions, and Federal Dominions will join each other. 11. Land Promotion

11.1 Rights

All States, Overseas Territories, Special Administrative Regions, and Federal Dominions reserve the right to upgrade or downgrade their status.

11.2 Upgrade / Downgrade Justification

To justify public support for the upgrade / downgrade attempt, all affected States, Overseas Territories, Special Administrative Regions, and Federal Dominions are to required to host a public referendum, with only affected residents of the States, Overseas Territories, Special Administrative Regions, and Federal Dominions allowed to vote.

11.3 Process After Public Support

All affected States, Overseas Territories, Special Administrative Regions, and Federal Dominions are to submit an Act to Upgrade / Downgrade, showing the future government (States, Overseas Territories, Special Administrative Regions, and Federal Dominions), government framework, proof of public support, and other important information.

This will be reviewed by the Notary General, and if accepted, will be voted upon in the House of Commons. If the House votes for a fifty-one percent (51%) majority, the act passes. The act will be reviewed by the Federal Privy Council, and will be voted upon. If it passes, all affected States, Overseas Territories, Special Administrative Regions, and Federal Dominions upgrade / downgrade their land status.

12. Land Succession

12.1 Rights

All States, Overseas Territories, Special Administrative Regions, and Federal Dominions reserve the right to succeed from Aenderia.

12.2 Succession Justification

To justify public support for the succession attempt, all affected States, Overseas Territories, Special Administrative Regions, and Federal Dominions are to required to host a public referendum, with only affected residents of the States, Overseas Territories, Special Administrative Regions, and Federal Dominions allowed to vote.

12.3 Process After Public Support

All affected States, Overseas Territories, Special Administrative Regions, and Federal Dominions are to submit an Act to Succeed from the Fifth Aenderian Republic, showing the future government (States, Overseas Territories, Special Administrative Regions, and Federal Dominions), government framework, proof of public support, and other important information.

This will be reviewed by the Notary General, and if accepted, will be voted upon in the House of Commons. If the House votes for a fifty-one percent (51%) majority, the act passes. The act will be reviewed by the Federal Privy Council, and will be voted upon. If it passes, all affected States, Overseas Territories, Special Administrative Regions, and Federal Dominions upgrade / downgrade their land status.

13. Land Admission

13.1 Rights

All land masses can be admitted to Aenderia.

13.2 Admission Justification

To justify public support for the succession attempt, all affected land are required to host a public referendum, with only affected residents of the land allowed to vote.

13.3 Process After Public Support

All affected land are to submit an Act to join the Fifth Aenderian Republic, showing the future government (States, Overseas Territories, Special Administrative Regions, and Federal Dominions), government framework, proof of public support, and other important information.

This will be reviewed by the Notary General, and if accepted, will be voted upon in the House of Commons. If the House votes for a fifty-one percent (51%) majority, the act passes. The act will be reviewed by the Federal Privy Council, and will be voted upon. If it passes, all affected land will join the Fifth Aenderian Republic.

14. Capital

14.1 Capital

The Capital shall be in North Noyan.

14.2 Capital Governance

The Capital shall be governed by the State of Noyan.

14.3 Capital Changes

If, by any chance, North Noyan is not occupied by Aenderia, the next city will be the President’s residence, then the Vice President’s residence, and then, if both options can’t be done, through a public referendum.

Chapter 3 - Rights

1. Aenderese Citizen Rights

  • the people of aenderia shall be given the right to express the freedom of speech based on their beliefs. The Country shall not introduce laws that inhibit the basis of free speech unless it is needed as a security issue.
  • the people of aenderia shall be given the right to identify themselves as any gender or sexual orientation without intentional harassment or discrimination. The Country shall not introduce laws that respect or deny a gender or a sexual orientation unless it is to be used to further protect the involved gender(s) and/or sexual orientation(s) from harassment or discrimination.
  • the people of aenderia shall be given the right to be free from forced servitude, and shall be given a right to a minimum wage that is considered safe for living and past the definition of poverty. The Country shall not introduce laws that inhibit freedom from forced servitude or a minimum wage.
  • the people of aenderia shall be given the right to bear contest to any civil or criminal court case that is launched against them and bears an Unfavorable result to the persons involved. The Country shall not introduce orders that inhibit the people’s right to contest a Government decision.
  • the people of aenderia shall be given the right to contest any unwarranted search or seizure committed by the Government in court.

The Country shall not introduce laws that allow unwarranted search or seizure of the property or messages of private citizens and the people.

  • the people of aenderia shall be given the right to be aware that certain rights not be misconstrued to either deny or disparage others retained by the people of this Country. The Country shall not introduce laws that legitimize or illegitimate rights not mentioned in this Constitution unless there has been an amendment passed that is directed toward that certain right.
  • the people of aenderia shall be given the right to bear the pursuit of liberty, property and happiness without interruption by any party. The Country shall not introduce laws that allow unwarranted search or seizure of the property or messages of private citizens and the people.
  • the people of aenderia shall be given the right to be free from discrimination or harassment based on the grounds of race, ethnicity, background, economic status or place or origin. The Country shall not introduce laws that respect or deny any of the aforementioned unless it is to be used to further protect the aforementioned from harassment or discrimination.
  • the women of aenderia shall be given the right to choice in matters regarding the status and the life of an unborn child. The Country shall not introduce laws that respect or deny either option, abortion or sustaining the life of the child.
  • the people of aenderia shall be given the right to revert any government decision with a majority vote. The government is only needed due to the needs and wants of the people.
  • the people of aenderia shall be given the right to leave, defect or join this nation at any time without the threat of further consequence. Once they have left the country, they are immune from any Aenderian order unless they return. The Country shall not introduce laws that encroach on the people’s right to autonomy outside of the Country they are allowed to govern.
  • the people of aenderia shall be given the right to fully dissolve the government at any time with a 9/10ths vote and replace the government with one that fits better to their needs. The Country shall not introduce laws that inhibit the people’s right to fully dissolve the government at any time.
  • the people of aenderia shall be given the right to obtain non-classified information from the government. This includes House of Commons votes, Acts, Executive Orders, previous lawsuits, direct messages, etc.
  • the people of aenderia shall gain the right to marry any living thing, no matter gender, race, or sex. (The Government of Aenderia does not provide any wedding services. Refer to your macro government or third party company.)
  • the people of aenderia shall be given the right to run for political office, no matter what party.
  • the people of aenderia shall be given the right to vote.
  • the people of aenderia shall be given the right to renounce their citizenship

2. Aenderese Visa Rights

  • the people of aenderia shall be given the right to express the freedom of speech based on their beliefs. The Country shall not introduce laws that inhibit the basis of free speech unless it is needed as a security issue.
  • the people of aenderia shall be given the right to identify themselves as any gender or sexual orientation without intentional harassment or discrimination. The Country shall not introduce laws that respect or deny a gender or a sexual orientation unless it is to be used to further protect the involved gender(s) and/or sexual orientation(s) from harassment or discrimination.
  • the people of aenderia shall be given the right to be free from forced servitude, and shall be given a right to a minimum wage that is considered safe for living and past the definition of poverty. The Country shall not introduce laws that inhibit freedom from forced servitude or a minimum wage.
  • the people of aenderia shall be given the right to bear contest to any civil or criminal court case that is launched against them and bears an Unfavorable result to the persons involved. The Country shall not introduce orders that inhibit the people’s right to contest a Government decision.
  • the people of aenderia shall be given the right to contest any unwarranted search or seizure committed by the Government in court. The Country shall not introduce laws that allow unwarranted search or seizure of the property or messages of private citizens and the people.
  • the people of aenderia shall be given the right to be aware that certain rights not be misconstrued to either deny or disparage others retained by the people of this Country. The Country shall not introduce laws that legitimize or illegitimate rights not mentioned in this Constitution unless there has been an amendment passed that is directed toward that certain right.
  • the people of aenderia shall be given the right to bear the pursuit of liberty, property and happiness without interruption by any party. The Country shall not introduce laws that allow unwarranted search or seizure of the property or messages of private citizens and the people.
  • the people of aenderia shall be given the right to be free from discrimination or harassment based on the grounds of race, ethnicity, background, economic status or place or origin. The Country shall not introduce laws that respect or deny any of the aforementioned unless it is to be used to further protect the aforementioned from harassment or discrimination.
  • the women of aenderia shall be given the right to choice in matters regarding the status and the life of an unborn child. The Country shall not introduce laws that respect or deny either option, abortion or sustaining the life of the child.
  • the people of aenderia shall be given the right to leave, defect or join this nation at any time without the threat of further consequence. Once they have left the country, they are immune from any Aenderian order unless they return. The Country shall not introduce laws that encroach on the people’s right to autonomy outside of the Country they are allowed to govern.
  • the people of aenderia shall be given the right to obtain non-classified information from the government. This includes House of Commons votes, Acts, Executive Orders, previous lawsuits, direct messages, etc.
  • the people of aenderia shall gain the right to marry any living thing, no matter gender, race, or sex. (The Government of Aenderia does not provide any wedding services. Refer to your macro government or third party company.)
  • the people of aenderia shall be given the right to apply for citizens

3. Rights Protection

It is unlawful for anyone to deny you access to your rights.

Chapter 4 - Duties

4.1 Aenderese Citizen Duties

  • Citizens must participate in voting whenever possible.
  • Citizens must support any defence efforts in times of absolute need.
  • Citizens must serve as a witness to a civil or criminal trial in court to determine the punishment or other outcomes.
  • Citizens must be active in the country and contribute to its history on a regular basis.
  • Citizens must be vigilant and check the government’s well-being and stability.
  • Citizens must encourage others or encourage themselves to run for an elected office and contribute to the Aenderian society and its well-being.
  • Citizens must notify the government of any suspicion they have regarding a certain party, person, proposed legislation or nation.
  • Citizens must respect other people’s rights that have been enumerated to them. Everyone must respect the rights enumerated to them and to each other.

4.2 Duty Jurisdiction

Duties shall only apply under people who attain or retain Aenderese citizenship.

Chapter 5 - Elections

1. Pre-Elections

1.1 Elections Requirement

All voters must be an Aenderese citizen for one (1) week before the election starting date. All voters receive one (1) vote. Voters must be different people.

1.2 Election Justification

An election may be justified if:

  • Member of Parliament resigns
  • Member of Parliament passes away
  • Member of Parliament gets impeached
  • Federal Privy Member resigns
  • Federal Privy Member passes away
  • Federal Privy Member gets impeached

2. Candidate Registration

2.1 Date

Candidates must register at least three (3) days before the election date.

2.2 Requirements

Candidates must

  • Be eligible to run for applied office, as stated in this act.
  • A valid citizen of Aenderia and citizenship was granted more than 2 weeks before the election date.

2.3 Parties

Anyone shall have the right to create a party at any time, no matter what ideology.

2.4 Party Requirements

Candidates must be registered with one of:

  • An party nomination
  • Independent statement

3. Supervison

3.1 Supervision

Elections within the Aenderese Republic shall be supervised by the

  • President
  • Vice President
  • Minister of Justice and Elections

3.2 Media

The Minister of Justice and Elections will transmit the results to media companies for which they will broadcast the results.

3.3 Media Error

All media groups must provide factual results, with an error point of 1 vote, and said correction must be made within 10 minutes, unless the media operator is away.

3.4 Privacy

All votes shall remain confidential. No one, party, nor people are allowed to force you to vote for a certain person and / or party. There shall be no crime nor punishment made by the Federal, State, Overseas Territory, Federal Dominion, or Special Administrative Region government regarding who you voted for. However, a judge can order the Ministry of Justice and Elections to release voting data, on the basis that

  • Names, Discord information, E-mails, and other personal information linking a vote to a person is not released
  • Shall be used for a case only

4. Election Day

4.1 Vote Verification

All citizens of Aenderia, through the Google Form database, will receive a code required to vote. People with a visa do not receive the right to vote.

4.2 Ties

On the basis of a tie, there would be a 1 week period on parties to discuss a coalition or a confidence and supply agreement. Once the 1 week period ends, the House Legislation shall discuss what to do. If there is no House Legislation in effect, then re-election can be held.

4.3 Invalid Votes

All votes are considered final, and can’t be changed.

4.4 Abstain

Abstain votes are for voters who want a different candidate. If there are a majority of voters that prefer an abstain vote, a by-election will be held. The candidate that ran in the race may run again.

5. Counting and Closing

5.1 Starting of Counting

Counting shall start when the election opens.

5.2 Counting Members

Counting personnel shall be supervised by the Minister of Justice and Elections.

5.3 Counting Check

When all votes have been counted, it must be checked again.

5.4 Closing

The Minister of Justice and Elections is required to see, confirm and sign the final vote count. This will make the votes final and the election finished.

Chapter 6 - Conclusion

1. Signatories

Jayden Lycon, President

28 February 2020

2. Final Statements

“This constitution is epic” - Jayden Lycon

3. Copyright

This constitution is copyrighted under the Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International (CC BY-NC-SA 4.0). We believe that this resource can be a great starter for micronations to develop, and we fully support you editing some parts of it; granted you cite us and that you follow the CC copyright. This does not mean that you can copy this and claim it's yours. That is plagiarism and can lead you to some trouble.

4. Voiding this Act

This act can be voided through a combined:

  • Fifty-one percent (51%) majority in the House of Commons
  • Eighty percent (80%) majority in a public referendum
  • Fifty-one percent (51%) majority in the Federal Privy Council.

5. Reading and Citing this Act

5.1 Modern Language Association Style

Lycon, J and Efton, W. “An act to constitute the Fifth Aenderian Republic . Google Docs, 26 February 2020, Micronational Government of Aenderia. https://docs.google.com/document/d/1u9xbaVNI-Kl8B1Epvxe5e87YS4DbHP8XLJmhLLrXMUk/edit?usp=sharing. Accessed at <date>.

5.2 American Psychological Association Style

Lycon, J and Efton, W (2020). An act to constitute the Fifth Aenderian Republic (2020). In Google Docs, Retrieved from https://docs.google.com/document/d/1u9xbaVNI-Kl8B1Epvxe5e87YS4DbHP8XLJmhLLrXMUk/edit?usp=sharing.

5.3 Chicago Style

Lycon, J and Efton, W. “An act to constitute the Fifth Aenderian Republic (2020)” . In Google Docs. Micronational Government of Aenderia. Document published on February 28, 2020; Last Edited February 28, 2020. https://docs.google.com/document/d/1u9xbaVNI-Kl8B1Epvxe5e87YS4DbHP8XLJmhLLrXMUk/edit?usp=sharing.

5.4 Reading this Act

When reading this article, start with “An act to constitute the Fifth Aenderian Republic (2020)” then, the universal section symbol (§), followed then with the chapter number, then the article number, then section number, and then smaller section numbers if needed. Following the title of the last number.

For example, this would be

“An act to constitute the Fifth Aenderian Republic (2020)” § 6.5.4 “Reading this Act”

The first number, “6” refers to the chapter number, Chapter 6 - Conclusion. The second would refer to the article number, “5”, referring to 5. Reading and Citing this Act. Finally, the section number would be “.4”, referring to 5.4 Reading this Act. Finally, the name, “Reading this Act”, refers to 5.4 Reading this Act.