Constitution of the Confederation of Mahuset

Constitution of the Confederation of Mahuset

Preamble

We the people of Mahuset, proud and aware of our history, with responsibility for the future, and with faith in universal values, with determination to build a social and democratic state based on the rule of law, and to guarantee the fundamental human rights and freedoms, with a spirit of tolerance and religious coexistence, with the pledge for the protection of human dignity and personhood, as well as for the prosperity of the whole nation, for peace, well–being, culture and social solidarity, with the centuries–old aspiration of the Mahusetan people for national identity and unity, with a deep conviction that justice, peace, harmony and cooperation among nations are among the highest values of humanity, We establish this Constitution.

Part I – Introductory Provisions and Principles of Constitutionality

Article I – Model of State

The name of the state shall be the Confederation of Mahuset and the form of government thereof shall be a federal, presidential, representative democratic republic. All power shall be inherent in, and emanate from, the citizens of the state and may not be exercised without their consent.

Article II – Sovereignty of Government

The Confederation of Mahuset hereby affirms its inalienable, indefeasible, and sovereign right to choose its own form of Government, to determine its relations with other nations, and to develop its life, political, economic and cultural, in accordance with its own genius and traditions.

Article III – Jus soli

It is the entitlement and birthright of every person born in the territory of Confederation of Mahuset, which includes its islands and seas, to be part of the Confederation of Mahuset. That is also the entitlement of all persons otherwise qualified in accordance with law to be citizens of Confederation of Mahuset. Furthermore, the Confederation of Mahuset cherishes its special affinity with people of Mahusetan descent living abroad who share its cultural identity and heritage.

Article IV – Judaeo-Christian tradition

The most indispensable principle of the Mahusetan society and the Mahusetan government shall be to protect and safeguard its Judaeo–Christian tradition and its western secular humanist culture. The principles of the seperation between church and state, the concept of man being the measure of all things and the right to life and freedom in the here and now are essential to this.

Article V – Indivisibility

The Confederation of Mahuset is one and indivisible.

Article VI – Fidelity to the nation

Fidelity to the nation and loyalty to the State are fundamental political duties of all citizens.

Article VII – National Sovereignty

In assuming its responsibilities under the provisions of the Constitution, the Confederation of Mahuset has sovereignty over all territory and territorial waters lying within the international boundaries of the constituent states, territories and districts.

Article VIII – Federalism

A constituent state, territory or district shall exercise sovereignty over its own territories and territorial waters in all matters which are not within the jurisdiction of the Confederation of Mahuset under the Constitution.

Article IX – Territorial sovereignty

The Confederation of Mahuset may not cede its sovereignty or relinquish any part of its territories or waters.

Article X – Jus sanguinis

1. Notwithstanding any other provision of this Constitution, a person born in the jurisdiction of the Confederation of Mahsuet, which includes its islands and seas, who does not have, at the time of the birth of that person, at least one parent who is a Mahusetan citizen or entitled to be a Mahusetan citizen is not entitled to Mahusetan citizenship or nationality, unless provided for by law.
2. The citizens of the Confederation of Mahuset shall have a single nationality specified by law and shall enjoy abroad the protection of the Federal Government in accordance with the generally–accepted international principles.
3. Nationals are citizens of the Constituent State, Territory or District where they have their principal domicile; Constituent laws can however stipulate that also nationals who have a domicile, but not their principal domicile, in the Constituent State, Territory or District are citizens of that Constituent State, Territory or District.
4. A person's principal domicile is established in the place where he has settled with the intention, provable or emerging from the circumstances, of setting up there the centre of his relations of life. If this requirement is, on the basis of an overall consideration of a person's professional, economic and social relations of life, met by more than one domicile, this person has to designate as his principal domicile the one which he has the closest relationship to.
5. A citizen’s nationality may not be divested or withdrawn except as may be provided in law.

Article XI – Economy and Customs

1. The Confederation of Mahuset shall form a united entity in terms of economy and customs. The federal laws shall regulate the appropriate gradual phases to achieve this unity.
2. The free movement of all capital and goods among the constituent states, territories and districts of the Confederation of Mahuset is guaranteed and may not be restricted except by a federal act.
3. All taxes, duties, dues, and tolls imposed on the movement of goods from one constituent state, territory or district to another constituent state, territory or district are hereby repealed.

Article XII – Laïcité

Religious law shall have no legal status.

Article XIII – National Flag

The Flag of the Confederation of Mahuset, the form of which is prescribed by the relevant law, shall be composed of a cross Gules with fimbriation Or on a background Purpure.

Article XIV – National Coat of Arms

The Coat of Arms of the Confederation of Mahuset

Article XV – National Maxim

The Maxim of the Confederation of Mahuset shall be "Mahusiæ Supra".

Article XVI – National Anthem

The Anthem of the Confederation of Mahuset shall be And The Waltz Goes On, as composed by Sir Anthony Hopkins in 1964.

Article XVII – National Animal

The National Animal of the Confederation of Mahuset shall be the domestic cat.

Article XVIII – Capital City and Seat of Government

The Free City of Lazia shall be the capital city and seat of government of the Confederation of Mahuset.

Article XIX – Official Languages

1. The official languages of the Confederation of Mahuset shall be English and Dutch.
2. English shall serve as the primary language for communication within the government.
3. The language of the Courts shall be English.
4. The constituent states, territories and districts may use any particular official languages for legislative, administrative and judicial purposes, taking into account usage, practicality, expense, regional circumstances and the balance of the needs and preferences of the population as a whole or in the constituent state, territory or district concerned.
5. Nothing contained in Paragraph 1, 2 and 3 hereof shall preclude legislation by the Lazian Chamber which permits the use of a language other than English and Dutch for legislative, administrative and judicial purposes in regions or areas where such other language or languages are spoken by a substantial component of the population.
6. In the event of an inconsistency between different texts of this Constitution, the English text prevails.

Article XX – Execution of the provisions of this Constitution

The Confederation of Mahuset and the constituent states, territories and districts shall co–operate, each within the limits of its responsibilities and abilities, in executing the provisions of this Constitution.

Article XXI – Constitution as Fundamental Law

1. This constitution is the fundamental law of the Confederation of Mahuset. All laws inconsistent with this constitution shall, to the extent of such inconsistency, be void.
2. It shall be the duty of every person to uphold this constitution.

Sole Paragraph relating to Definitions and Interpretation

1. Provisions of this Constitution set out in the masculine gender shall also apply to the feminine gender.

Part II – Civil Rights, Freedoms and Duties

Article XXII – Democratic Values

1. Democratic values constitute the foundation of the state, so that it may not be bound either to an exclusive ideology or to a particular religious faith.
2. State authority may be asserted only in cases and within the bounds provided for by law and only in the manner prescribed by law.
3. Everyone may do that which is not prohibited by law; and nobody may be compelled to do that which is not imposed upon her by law.

Article XXIII – Equality of Dignity

All people are free and equal in their dignity and rights. Their fundamental rights and freedoms are inherent, inalienable, imprescriptible, and irrepealable.

Article XXIV – Capacity to possess rights

Everyone has the capacity to possess rights.

Article XXV – Freedom of Expression

1. The freedom of expression and the right to information are guaranteed.
2. Everyone has the right to express her opinion in speech, in writing, in the press, in pictures, in memes, or in any other form, as well as freely to seek, receive, and disseminate ideas and information irrespective of the frontiers of the State.
3. Censorship is not permitted. Freedom from censorship also includes freedom from unjustified blocking and filtering. Internet intermediaries must never be pressured by the State or other parties to remove or hide or block content.
4. No legislation shall be read or given effect in a way which prohibits or restricts discussion, criticism or expressions of antipathy, dislike, ridicule, insult or abuse of particular religions or the beliefs or practices of their adherents, or of any other belief system or the beliefs or practices of its adherents, proselytising or urging adherents of a different religion or belief system to cease practising their religion or belief system, or of any such form of discussion, criticism or expressions, no matter the possible controversial, offensive, indecent, obscene, menacing, blasphemous, pornographic, hateful or discriminatory nature, content or character of said discussion, criticism or expression

Article XXVI – Freedom of Conscience

1. The freedom of thought, conscience, and religious conviction is guaranteed. Everyone has the right to change her religion or faith or to have no religious conviction.
2. The freedom of scholarly research and of artistic creation is guaranteed.

Article XXVII – Freedom of Religion

1. Everyone has the right freely to manifest her religion or faith, either alone or in community with others, in private or public, through worship, teaching, practice, or observance.
2. Churches and religious societies govern their own affairs; in particular, they establish their own bodies and appoint their clergy, as well as found religious orders and other church institutions, independently of state authorities.
3. The conditions under which religious instruction may be given at state schools shall be set by law.
4. The exercise of these rights may be limited by law in the case of measures necessary in a democratic society for the protection of public safety and order, health and morals, or the rights and freedoms of others.

Article XXVIII – Right to the fruits of one's intellectual activity

1. The rights to the fruits of one’s creative intellectual activity shall be protected by law.
2. The right of access to cultural wealth is guaranteed under the conditions set by law.
3. Nothing contained in Paragraph 1 hereof shall preclude the freedom of expression. The provisions to this end, including 'fair use' exceptions and limitations (e.g. exceptions for making copies for personal and classroom use, format conversion, time shifting, library lending, review, critique, news reporting, satire, quotation, caricature, parody, pastiche, research, sampling, data mining, reverse engineering and hyperlinking), shall be provided for in law.

Article XXIX – Right to development of personality

1. Everyone has the right to freely develop his personality.
2. The virtual personality of the human person, (i.e. the personal identification in information systems) is inviolable.

Article XXX – Freedom from Discrimination

1. Everyone is guaranteed the enjoyment of her fundamental rights and basic freedoms without regard to gender, race, colour of skin, language, faith and religion, political or other conviction, national or social origin, membership in a national or ethnic minority, property, birth, or other status.
2. Everybody has the right freely to choose his nationality. It is prohibited to influence this choice in any way, just as is any form of pressure aimed at suppressing a person’s national identity.
3. Nobody may be caused detriment to her rights merely for asserting her fundamental rights and basic freedoms.
4. Discrimination on the basis of positive discrimination and affirmative action intended to ameliorate difficulties for groups that have experienced past discrimination is prohibited.

Article XXXI – Right to Life

1. Everyone has the right to life.
2. Nobody may be deprived of her life.
3. Deprivation of life, including capital punishment, is not inflicted in contravention of this Article if it occurs in connection with conduct which is not criminal under the law.

Article XXXII – Right to Liberty

1. Personal liberty is guaranteed.
2. No one may be prosecuted or deprived of her liberty except on the grounds and in the manner specified by law. No one may be deprived of her liberty merely on the grounds of inability to fulfill a contractual obligation.
3. A person accused of or suspected of having committed a criminal act may be detained only in cases specified by law. A person who is detained shall be immediately informed of the grounds for the detention, questioned, and within forty–eight hours at the latest, either released or turned over to a court. A judge must question the detained person and decide, within twenty–four hours of receiving her, whether the person shall be placed in custody or released.
4. A person accused of a criminal act may be arrested only on the basis of a warrant issued by a judge in writing and stating the grounds for the arrest. The arrested person shall be turned over to a court within twenty–four hours. A judge shall question the arrested person and decide, within twenty–four hours, whether the person shall be placed in custody or released.
5. Nobody may be placed in custody, except on the grounds and for the period of time laid down in a law, and only on the basis of a judicial decision.
6. The law shall specify the cases in which a person may be committed to or kept in a medical institution without her consent. A court must be notified within twenty–four hours that such a measure has been taken, and it shall decide on such placement within seven days.

Article XXXIII – Right to Privacy

1. The inviolability of the person and of her privacy is guaranteed. They may be limited only in cases provided for by law.
2. Everyone has the right to be protected from any unauthorised intrusion into her private and family life.
3. Everyone has the right to be protected from the unauthorised gathering, public revelation, or other misuse of her personal data.
4. Everyone has the right to exercise control over, access, retrieve and delete the personal data collected about them and its usage.

Article XXXIV – Privacy of Correspondence, Posts and Telecommunications

1. No one may violate the confidentiality of letters or the confidentiality of other papers or records, whether privately kept or sent by post or by some other means, except in the cases and in the manner designated by law. The confidentiality of communications sent by telephone, telegraph, or by other similar devices is guaranteed in the same way.
2. Everyone has the right to use encryption technology to ensure secure, private and anonymous communication.

Article XXXV – Right to Property

1. Everyone has the right to own property. Each owner’s property right shall have the same content and enjoy the same protection. Inheritance is guaranteed.
2. The law shall designate the property necessary for securing the needs of the entire society, the development of the national economy, and the public welfare, which may be owned exclusively by the state, a constituent state, territory or district, a municipality, or by designated legal persons; the law may also provide that certain items of property may be owned exclusively by citizens or legal persons with their headquarters in the Confederation of Mahuset.
3. Ownership entails obligations. It may not be misused to the detriment of the rights of others or in conflict with legally protected public interests. It may not be exercised so as to harm human health, nature, or the environment beyond the limits laid down by law.
4. Expropriation or some other mandatory limitation upon property rights is permitted in the public interest, on the basis of law, and for adequate compensation.
5. Taxes and fees shall be levied only on the basis of law.

Article XXXVI – Inviolability of one's dwelling

1. A person’s dwelling is inviolable. It may not be entered without the permission of the person living there.
2. A dwelling may be searched only for the purposes of a criminal proceeding on the basis of a search warrant issued by a judge in writing and giving the reasons therefore. The manner in which a dwelling may be searched shall be specified by law.
3. Other encroachments upon the inviolability of a dwelling may be permitted by law only if such is necessary in a democratic society for the protection of the life or health of individuals, for the protection of the rights and freedoms of others, or in order to avert a serious threat to public security and order. If a dwelling is also used for a business enterprise of for carrying on other economic activities, the law may also permit such encroachments if they are necessary to fulfill the duties of public administration.

Article XXXVII – Freedom of Movement

1. The freedom of movement and of residence is guaranteed.
2. Everyone who is legitimately staying within the territory of the Confederation of Mahuset has the right freely to leave it.
3. These freedoms may be limited by law if such is unavoidable for the security of the state, the maintenance of public order, the protection of the rights and freedoms of others or, in demarcated areas, for the purpose of protecting nature.
4. Every citizen is free to enter the territory of the Confederation of Mahuset. No citizen may be forced to leave her homeland.
5. An alien may be expelled only in cases specified by the law.

Article XXXVIII – Right of Peaceful Assembly

1. The right of peaceful assembly is guaranteed.
2. This right may be limited by law in the case of assemblies held in public places, if it concerns measures necessary in a democratic society for the protection of the rights and freedoms of others, public order, health, morals, property, or the security of the state. However, an assembly shall not be made to depend on the grant of permission by a public administrative authority.
3. This right may be limited for judges, prosecutors, members of the armed forces or other civil servants.

Article XXXIX – Right of Association

1. The right of association is guaranteed. Everybody has the right to associate together with others in clubs, societies, and other associations.
2. Citizens also have the right to form political parties and political movements and to associate therein.
3. The exercise of these rights may be limited only in cases specified by law, if it involves measures that are necessary in a democratic society for the security of the state, the protection of public security and public order, the prevention of crime, or the protection of the rights and freedoms of others.
4. Political parties and political movements, as well as other associations, are separate from the state.

Article XL – Right to Democracy

1. Citizens have the right to participate in the administration of public affairs either directly or through the free election of their representatives.
2. Elections must be held within terms not exceeding the regular electoral terms provided for by law.
3. The right to vote is universal and equal, and shall be exercised by secret ballot. The conditions for exercising the right to vote shall be provided for by law.
4. Citizens shall have access, on an equal basis, to any elective and other public office.

Article XLI – Political Pluralism

Any statutory provisions relating to political rights and freedoms, as well as the interpretation and application thereof, shall make possible and protect the free competition among political forces in a democratic society.

Article XLII – Right of resistance against tyranny

Citizens have the right to resist anybody who would do away with the democratic order of human rights and fundamental freedoms, established by this Constitution, if the actions of constitutional bodies or the effective use of legal means have been frustrated.

Article XLIII – Freedom of Employment

1. Everybody has the right to the free choice of her profession and the training for that profession, as well as the right to engage in enterprise and pursue other economic activity.
2. Conditions and limitations may be set by law upon the right to engage in certain professions or activities.
3. Different rules for aliens may be provided for by law.

Article XLIV – Freedom from Slavery

1. No one may be subjected to forced labour or service.
2. The provision of Paragraph 1 shall not apply to:

labour imposed in accordance with law upon persons serving a prison sentence or upon persons serving other penalties that take the place of the penalty of imprisonment,

military service or some other service provided for by law in place of compulsory military service,

service required on the basis of law in the event of natural disasters, accidents, or other danger threatening human life, health, or property of significant value,

conduct imposed by law for the protection of life, health, or the rights of others.

Article XLV – Family Rights

1. Marriage, parenthood and the family are under the protection of the law. Special protection is guaranteed to children and adolescents.
2. Pregnant women are guaranteed special care, protection in labour relations, and suitable labour conditions.
3. It is the parents’ right to care for and bring up their children; children have the right to parental upbringing and care. Parental rights may be limited and minor children may be removed from their parents’ custody against the latters' will only by the decision of a court on the basis of the law.
4. Detailed provisions shall be set by law.

Article XLVI – Right to Amparo

1. Everyone may assert, through the prescribed procedure, his rights before an independent and impartial court or, in specified cases, before another body.
2. Unless a law provides otherwise, a person who claims that his rights were curtailed by a decision of a public administrative authority may turn to a court for review of the legality of that decision. However, judicial review of decisions affecting the fundamental rights and freedoms listed in this Constitution may not be removed from the jurisdiction of courts.
3. Everybody is entitled to compensation for damage caused her by an unlawful decision of a court, other State bodies, or public administrative authorities, or as the result of an incorrect official procedure.
4. Conditions therefore and detailed provisions shall be set by law.

Article XLVII – Freedom from Self-Incrimination

1. Everyone has the right to refuse to give testimony if she would thereby incriminate herself or a person close to her.
2. In proceedings before courts, other State bodies, or public administrative authorities, everyone shall have the right to legal assistance from the very beginning of such proceedings.
3. All parties to such proceedings are equal.
4. Anyone who declares that she does not speak the language in which a proceeding is being conducted has the right to the services of an interpreter.

Article XLVIII – Right to Internet Access

1. Everyone has the right to access to, and make use of, the Internet or World Wide Web.
2. The provision of Paragraph 1 shall not apply to:

punishments imposed in accordance with law upon persons serving a prison sentence or upon persons serving other penalties that take the place of the penalty of imprisonment,

conduct imposed by law only if such is necessary in a democratic society for the protection of the life or health of individuals, for the protection of the rights and freedoms of others, or in order to avert a serious threat to public security and order.

Article XLIX – Right to Self-Defence

1. Everyone has the right to self–defence, (i.e. the legitimate usage of force when a person has reasonable subjective grounds for believing, and does in fact believe, that danger of his, of others or of his property being killed, of receiving great bodily harm, or of otherwise being in peril, is imminent, so that he may act on such appearances and defend himself, even to the extent of taking human life when necessary, although it may turn out that the appearances were false, or although he may have been mistaken as to the extent of the real actual danger.).
2. Everyone has the right to bear arms, for their protection and legitimate defence, in accordance with the law.
3. The law shall specify the legal definition of peril and otherwise specify as to properly give effect to the right established in Paragraph 1 hereof.

Article L – Right to a Speedy Trial

1. No one may be removed from the jurisdiction of his lawful judge. The jurisdiction of courts and the competence of judges shall be provided for by law.
2. Everyone has the right to have his case considered in public, without unnecessary delay, and in her presence, as well as to express her opinion on all of the admitted evidence. The public may be excluded only in cases specified by law.

Article LI – Penalties in Law

Only a law may designate which acts constitute a crime and what penalties, or other detriments to rights or property, may be imposed for committing them.

Article LII – Due Process

1. Only a court may decide on guilt and on the punishment for criminal offences.
2. A person against whom a criminal proceeding has been brought shall be considered innocent until his guilt is declared in a court’s final judgement of conviction in accordance with due process.
3. The accused has the right to be given the time and opportunity to prepare a defence and to be able to defend herself, either pro se or with the assistance of counsel. If he fails to choose counsel even though the law requires her to have one, he shall be appointed counsel by the court. The law shall set down the cases in which the accused is entitled to counsel free of charge.
4. The accused has the right to refuse to give testimony; she may not be deprived of this right in any manner whatsoever.
5. No one may be criminally prosecuted for an act for which she has already been finally convicted or acquitted. This rule shall not preclude the application, in conformity with law, of extraordinary procedures of legal redress.
6. The question whether an act is punishable or not shall be considered, and penalties shall be imposed, in accordance with the law in effect at the time the act was committed. A subsequent law shall be applied if it is more favourable for the offender.
7. The victim in a criminal process shall be able to intervene in accordance with the law, and shall have the right to be heard before each judicial decision. In the event that he or she does not have the necessary economic resources, he or she will be assisted free of charge by a lawyer appointed by the State.

Article LIII – Duties of Citizens

1. Duties may be imposed only on the basis, and within the bounds, of law, and only while respecting the fundamental rights and freedoms.
2. Any statutory limitation upon the fundamental rights and freedoms must apply in the same way to all cases which meet the specified conditions.
3. When employing the provisions concerning limitations upon the fundamental rights and freedoms, the essence and significance of these rights and freedoms must be preserved. Such limitations shall not be misused for purposes other than those for which they were enacted.

Article LIV – Exercise of Rights

1. No one may, in exercising his rights, endanger or otherwise threaten the free exercise of the rights of others.
2. No one may, in exercising his rights, endanger or cause damage to the environment, natural resources, the wealth of natural species, or cultural monuments beyond the extent set by law.

Part XIV – Concluding Provisions

Article LXVII

Publicly funded research and intellectual and cultural work must be made available freely to the general public, where possible.