Constitution of the Republic of Mareno

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An Act of the President of Mareno

AN ACT TO CONSTITUTE THE REPUBLIC OF MARENO

Preamble

Short Title

This Act may be cited as the Constitution of the Republic of Mareno Act.

Proclamation of Republic

It shall be lawful for the President, with advice from Triumvirs, to declare and proclaim that, on the day of Common Era, August 15th, 2014 (Thermidor 28th, 222), the citizens of Capitol proclaimed complete and perpetual independence from the Commonwealth of Australia, and assume the name of the Republic of Mareno.

Commencement of Act

The commencement of this document and the articles that lie herein shall take affect one week following the approval by the President of State and Triumvirs.

Operation of the Constitution and Laws

This Act, and all laws and treaties drafted under its influence, shall be binding to all courts, judges and citizens residing within or outside the declared boundaries of the Republic.

Chapter One – Powers

Part I – Legislative Powers

1. The legislative power of the Republic shall be vested in the office of the head of state and government, the President of Mareno, and three equal Triumvirs.

2. The office of Triumvir shall be one of representation and counsel. Triumvirs shall be chosen by the incumbent President, or President-elect following an election; no citizen however shall be eligible for the office of Triumvir unless they have attained the age of sixteen years.

3. The office of Triumvir is exempt to citizens who have previously committed a crime, petty or otherwise, and must be a citizen of Mareno for ten years prior to appointed, or an Australian citizen before August 15th, 2014.

4. Triumvir’s terms of office shall last from midnight of 1st January following their Presidential appointment to five years following, resignation, or vote of no confidence.

5. It is the responsibility and obligation of Triumvirs to bring forth meaningful legislation before the President during their terms of office, and must reflect the will of the people in their actions.

6. Passage of proposed legislation must be met with a three-fourths majority in vote between the Triumvirs and the President of Mareno.

7. The President and all Triumvirs are granted each one equal vote in legislative sessions, in which they may ballot legislative actions presented or movements proposed.

8. Furthermore, the office of President of Mareno is entitled to a line-veto of motions and legislative votes raised by Triumvirs.

9. In cases in which Triumvirs believe the will of the people is not being met by another member of their office, they are entitled to raise a vote of no confidence against the offender, and must be passed with three-fourths majority. The office of President is exempt raising a movement of no confidence, but is however, exempt from receiving the vote.

10.  In the case of vacancy of office through resignation, vote of no confidence, or death, the empty seat of a Triumvir may be bestowed on another citizen for the remainder of the previous occupant’s term, with full respect to the office’s powers in veto and legislative voting rights.

11. Vacancy shall occur if the Triumvir is subject to any disabilities which hinder their ability to act independent of their own being, has forfeited his citizenship, or has been charged for an offence, petty or greater, whilst sitting in the office of Triumvir.

12. The presence of two Triumvirs and the President is required to constitute an official legislative meeting, elsewise agreements and movements made are nullified.

13. Questions arising during legislative meetings are to be answered by Triumvirs only with a clear two-thirds majority determining the outcome. If only two Triumvirs are present, the President shall cast the deciding vote. 

14. Until determined otherwise with a clear amending vote by the citizens of Mareno, the number of Triumvirs shall never fall beneath, or accede, the limit raised in this act.

Part II – Executive Powers

15. The executive power of the Republic shall be vested in the office of head of state and government; the President of Mareno.

16. Elections for the office shall take place on the first Saturday in the month of November.

17. The Presidency shall be an elected station, elected by the method of ‘two-round runoff’. If a candidate for the office does not win one-half the popular plural vote, two candidates who received highest vote counts in the first round shall pass into the second round of voting, in which only they may contest the Presidency. If there is no clear majority following the second round, the incumbent Triumvirs shall select the victor in committee.

18. Citizens elected into the office are required to be sworn within the borders of Capitol on the last Saturday in the month of November, after which time, they shall serve a term of ten years unbroken in lieu of resignation, criminal conviction, or death.

19. When sworn in before office, the President-elect must affirm their execution of their station, and must repeat the following affirmation with their right hand placed over this document in full:

“I swear before the citizens of Mareno, that I pledge myself to go beyond my station in the execution of this office, to defend the constitution, and the nation, and accept the representation granted to me by the people of this land.”

20. The office of president shall be required to have been a citizen of the nation of Mareno for ten years prior to the day of inauguration or had been a citizen of Australia prior to August 15th, 2014, to never have been indicted with a criminal or civil offence, and to be over the age of sixteen years.

21. The office of President may, at a time of extraordinary circumstances, may call a compulsory meeting of Triumvirs. To fail to appear before these meetings without good cause shall be classed as a breach of duty, punishable by an immediate vote of no confidence.

22. Having been granted the station of head of state and government, the office of President of Mareno shall hereafter be granted the innumerable right to the drafting and passage of international treaties between nations or inter-governmental organisations, or the economic actions within the nation. The passage of such documents would as such require only a one-half majority between the President and Triumvirs.

Part III – Judicial Powers

23. The supreme judicial powers within the state of Mareno shall hereafter be vested within the High Court and the Justices present.

24.  It shall be established that the office of President is endowed the station of head of judicature within the High Court, hereon to be known also as ‘First Justice’, endowed with the right to appoint, with consent from Triumvirs, Justices within the establishment.

25. To separate the powers of the legislature and the judicature it must be made clear that all citizens who have held or is holding the office of Triumvir are hereby prohibited from holding the office of Justice within the High Court of Mareno.

26. There shall be no more than three sitting Justices within the High Court, and no less than two for a session of court to be considered constituted and decisions. Actions and decisions arising in a session of court in which only two Justices are present shall be considered null-and-void.

27. Furthermore, the presence of the First Justice is required to constitute an official and binding session of High Court.

28. If ballot within the high court is counted to be equal, the vote shall fall to decision made by the First Justice.

29. The supreme judicial power of the High Court shall extend to all cases in law and equity that arise under this Constitution, laws and legislature of the Republic of Mareno, foreign or internal treaties, and to all cases affecting ambassadors and high offices within the nation.

30. Moreover, the High Court shall function as an intermediary in disputes arising between foreign powers and the Republic.

31. Each and every decisions arising within the supreme judicial court shall be decided with an equal ballot, a two-thirds or three-fourths majority required for a movement or decision to pass as official.

32. Each and every citizen of the Republic of Mareno indicted with the offence of treason shall be required to be tried within the authority of the High Court, all Justices present in all cases. Furthermore, no citizen may be formally tried or indicted under the auspices of treason unless a testimony of two witnesses or an open confession by the accused is presented.

Part IV – Concurrent Powers

33. Both legislative and executive offices, subject to this Constitution, are endowed under the auspices of peace, order, and good justice with the power to legislate in respect to:

i. Trade and commerce between the Republic and foreign powers:
ii. Internal taxation and revenue tariffs:
iii. Uniform and equal remuneration on the exportation of goods:
iv. The borrowing of money on public credit and debt raised by the Republic:
v. Currency, coinage, and legal tender:
vi. Bills of exchanging and promissory notes:
vii. Insurance and the equitable management of risk:
viii. Banking, the incorporation of banks, their solvency and the distribution of paper money or bills of exchange:
ix. Bankruptcy and insolvency:
x. Public land boundaries of agriculture and goods production:
xi. Communications technologies and their administration:
xii. The sole civil defence of the Republic and the control of the forces to execute and maintain its laws:
xiii. Astronomical and meteorological observations:
xiv. Weights and measures:
xv. Copyrights, patents of inventions and designs, and trademarks:
xvi. Naturalisation and refuges:
xvii. Foreign corporations in regards to the development of monopoly, trading or financial corporations formed within the limits of the Republic and their regulation:
xviii. Invalid and old-age pensions:
xix. Census and statistics:
xx. Marriage and divorce:
xxi. Parental right and the custody and guardianship of those deemed children:
xxii. The recognition throughout the Republic of civil and public arts and records:
xxiii. Immigration and emigration:
xxiv. The influx of criminals:
xxv. External affairs and the administration of foreign relations:
xxvi. The relations of the Republic and the Commonwealth of Australia, for which it has been deemed necessary to make special laws in regards to:
xxvii. The control of railways, roads and further transport system within the boundaries of the Republic:
xxviii. The construction and extension of railways, roads and transport systems:
xxix. Conciliation and arbitration for the prevention and settlement of industrial disputes both internal and external:
xxx. Criminal penalties and the application of capital punishment:
xxxi. The seat of government within the boundaries of the Republic:
xxxii. Matters in respect of which this Constitution makes provision until legislative or executive powers otherwise provide.

34. The government of the Republic shall, through its duty and obligation to the treasury of the nation, be required to draft and submit forms and documents relating to the application and expenditure of the national budget for a single year cycle.

35. Laws imposing taxation shall deal only with the imposition of taxation, and any provision therein dealing with any other matter shall be of no effect.

36. All acts and legislation hereafter passed by the government of Mareno or Triumvirs acting within the official status of meeting shall be required to be presented to the President for affirmation and assent according to the offices discretion. The President may thereafter line-veto or veto the act or legislation and return it to Triumvirs for further recommendations and amendments. Only legislation signed by the President of Mareno is to be considered official law within the Republic, and the failure of the President to ratify an act presented to him three times shall be considered failed legislation, and may not again be brought before the office for assent.

Chapter Two – Finance and Trade

Part I – Treasury

37. All revenues or moneys raised or received by the executive government of the Republic shall form one consolidated revenue fund, to be appropriated for the purposes of the Republic in the manner and subject to the charges and liabilities imposed by this Constitution.

38. On the establishment of the Republic, the collection and control of duties of customs, taxes and of excise, and the control of the payment of bounties, shall pass to the executive government of the Republic.

39. The costs, charges, and expenses incident to the collection, management, and receipt of the consolidated revenue fund shall form the first charge thereon; and the revenue of the Republic shall in the first instance be applied to the payment of the expenditure of the Republic.

40. No money shall be drawn from the treasury of the Republic except under appropriation made by law or by formal and fare acquisition by budget measures.

41. Until executive or legislative powers provide otherwise, all matters in regards to the treasury of the Republic shall be subject to the control and regulation provided by the government of Mareno.

42. On the imposition of uniform duties of customs, trade, commerce, and intercourse among the Mareno and international powers, whether by means of ocean or air navigation, shall be subject to tariffs raised in budget.


Part II – Standards

43. Until legislative, executive or judicial branches within the Republic of Mareno provide otherwise, the official national currency to be used for goods and services transactions shall hereafter be the Australian Dollar.

44. The Australian Dollar, when operating and circulating within the boundaries and borders of the Republic or if exchange occurs with a company under Marenoan jurisdiction, the value of the one dollar shall be fixed to the substance of gold.

45. The dollar consisting of fifty grains of gold nine-tenths fine shall be the standard unit of value, and all forms of money issued or coined by the Republic of Mareno shall be maintained at a parity of value with this standard, and it shall be the duty of the executive office to maintain such parity.

46. The treasury is hereby granted the unassociated right to refund public debt through grants and stocks of gold moderated only through this Constitution and the established powers granted to legislative and executive branches within regards to the treasury.

47. This Constitution provides unbinding rights to the government of Mareno to regulate substantiate and mine the substance of gold, to establish formally the gold standard as the sole standard for redeeming coins and paper money, and to prohibit all acts and legislature enacting bimetallism.

48. Hereafter the signing of this document, all personal marking and minting of gold coins and paper money in imitation of national currency shall be made illegal and indictable, sentencing for which shall be subject to sound judgement of the government of Mareno.

Chapter Three – Miscellaneous

Part I – Rights

49. Hereafter this Constitution is ratified by the President of Mareno, the government of the Republic shall be subject to the following rights and privileges granted to the citizens of the state, with the duty to respect and obey them:

i. All humans are endowed the beliefs of freedom and goodwill, and with regards to other articles within this Constitution, are granted the rights to freedom of speech, safe demonstration, life, liberty and property:
ii. Under no circumstances shall the legislative, executive or judicial government of Mareno enact policy or act in regards to the establishment of a state religion, or prohibiting the free exercise thereof:
iii. Citizens within Mareno are endowed with the right to a speedy and public trial by a grand jury of their peers and an impartial judge, and may not under any circumstances be seized or indicted on an offence without sound reason:
iv. Furthermore, no citizen of the Republic may be subject to unreasonable searches of property or seizure of owned goods without warrant from an impartial judge based on probable causes or evidence, nor may a citizen be indicted under the auspices of a crime after being exonerated:
v. Under no circumstances may a citizen of Mareno be subject to cruel or unusual punishments or torture, nor may excessive bail or fines be levied upon them without good cause:
vi. Unremunerated rights within this constitution shall not be infringed or denied.

50. All humans are granted the right to seek asylum and establish free movement from fear, however, this Constitution grants the executive and legislative branches of government the powers to establish regulations in regards to immigrants and immigration.

51. Furthermore, this document establishes the right to the executive and legislative branches of the Republic to contravene any rights within this Constitution in times of great urgency, or if sound reason for fear of safety to national sovereignty is met.

Part II – Alterations

52. The Constitution of the Republic of Mareno shall not be altered except in the following manner:

i. A proposal for an act of alteration must be raised by two Triumvirs before the entire government body of the Republic:
ii. If the alteration act passes with a clear three-fourths majority among the Triumvirs and is further ratified and signed by the President of the Republic, a national, compulsory referendum must be held.
iii. The national referendum must be passed by a two-thirds majority in the plural ballot of citizens to constitute a mandate to alter this document, and if alteration occurs through vote, the President must again sign and ratify the amendment as to make it official and enforceable.

53. If the proposed constitutional referendum falls at any period of ballot, whether in government or in public, the proposed alterations or additions to the Constitution may not again be raised by the legislative or executive branches of government for five years following the date of referendum.

Part III – Styles and Titles

54. Until the legislative or executive branches of government elsewise provide, hereinafter the ratification of this Constitution, the formal style of the President of Mareno shall be ‘His Excellency’, or ‘Your Excellency’.

55. Furthermore, the formal styling of Triumvirs shall henceforth be in the style of “His Honourable” or “Your Honourable”.

56. All international and intergovernmental monarchical or royal titles shall be recognized within the borders of Mareno. All allowances and entitlements that such titles hold, however, shall not be granted whilst they reside within the national boundaries of the Republic.

Part IV – Symbolic Provisions

57. Under the act of this Constitution, both the languages of Latin and English shall be established as official within regards to legislature and government actions, and all acts and legislature drafted hereafter the ratification of this document shall be written in both stated languages; first English, then Latin.

58. It shall be established that the maxim ‘Resolution and Strength’, or ‘Et Consilium Fortitudo’, is hereinafter declared the national motto of the Republic of Mareno.

59. Furthermore, the hyme ‘March Forward’, or ‘Progrediendum’, shall be established as the singular national anthem of the Republic, subject to the legislative and executive branches of government.

60. The Wedge-tailed eagle, representing the state beliefs of freedom, strength and independence shall henceforth be named the national animal of Mareno.

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