Constitution of the Socialist Federal Republic of Nemkhavia

From MicroCommons
Jump to navigation Jump to search

The Constitution of the Socialist Federal Republic of Nemkhavia was drafted first during the original incarnation of the state in late 2009. With the diplomatic upheaval that followed, the document was never entirely completed, leaving the rough interpretation of Nemkhav law to the care of the People's High Justice and the Supreme People's Court. Late in September 2010, roughly 9 months after the document was begun in earnest, it was completed by the founding fathers and judicial staff.

Preamble

In the name of Democracy, Freedom, Brotherhood and the Common Good of the people,

We, the people of the Socialist Federal Republic of Nemkhavia, who are bound by our sense of unity, and our will to see the will of peace be done,

Wishing for Justice and Law to be upheld,

Do hereby adopt, enact and give to ourselves this Constitution.

1. The Nation

Article 1

The Nemkhav nation observes its supreme and indestructible right to determine its own form of Government and to carry out its Foreign Relations as it sees fit.

Article 2

Every single person born upon the sovereign land of Nemkhavia is automatically entitled to citizenship of the Socialist Federal Republic, regardless of circumstances.

Article 3

The Nemkhav nation acknowledges it's Irish heritage, and professes a sense of brotherhood with Irish and Gaelic nations in all corners of the world.

2. The State

Article 4

The Official name of the state is the Socialist Federal Republic of Nemkhavia.

Article 5

  • Nemkhavia is a sovereign Federal Republic, governed by the principles of Socialism.
  • Nemkhavia is divided into three Socialist Republics: Urkhavsk, Nemkhav-Skajacka and Bosja.

Article 6

It is the right of every Nemkhav to determine the make-up of their Government as they see fit. The Government is completely at the will of the people.

Article 7

The Flag of the Socialist Federal Republic is a horizontal tricolour, with a blue stripe on the top, a white stripe in the middle and a red stripe at the bottom, with a wreath in the centre of the white stripe.

Article 8

The Official languages of the Socialist Federal Republic are English, Irish and Nemkhav. All three have equal status.

Article 9

Nemkhavia claims all natural resources within the bounds of its territory.

Article 10

The Principles of Socialism are accepted as necessary to the survival of the state and the welfare of the people.

3. The Presidium of the Socialist Federal Republic

Article 11

The Head of State of the Socialist Federal Republic is a collective Presidium.

Article 12

The Presidium of the Socialist Federal Republic is made up of the Heads of State of the three constituent Socialist Republics.

Article 13

The Presidium of the Socialist Federal Republic takes office for Six Months.

Article 14

All decisions made by the Presidium must be made with the input of all three members and require three signatures.

Article 15

The Presidium elects from its number the President of the Presidium of the Socialist Federal Republic as a representative. This person is taken to be the Head of State of the Socialist Federal Republic and the penultimate political authority in all matters, before the people.

Article 16

The President of the Presidium can only be re-elected once during a sitting term of the Presidium, halfway to the next election date.

Article 17

Members of the Presidium may run for the Presidium for an unlimited number of terms.

Article 18

The powers of the Presidium are thus:

  • The power to return a bill to the Federal Assembly a maximum of three times.
  • The power to act as Foreign Representatives to other nations.
  • The power to accept or refuse the resignation of People's Secretaries.
  • Upon the agreement of a referendum on the matter, the power to order the Federal Assembly to dissolve.
  • Supreme Command of the Nemkhav Defence Forces

Article 19

The Presidium can be terminated by a referendum, wherein more than 50% of the public wish for the election of a new Presidium. This right is unalienable.

4. The Federal Assembly

Article 20

The Federal Assembly of Nemkhavia is the highest voice of the people, ensuring that their Revolutionary voices are heard at all times.

Article 21

The Federal Assembly of Nemkhavia is made up of two Houses:

  • The House of Republics and Provinces
  • The House of Representatives

Article 22

The House of Republics and Provinces is made of up three individuals with unique knowledge in a certain area of affairs:

  • Foreign Affairs and Intermicronational Relations
  • Economics and Finance
  • History and Culture

Article 23

The members of the House of Republics and Provinces are styled 'People's Senator', electing from their number the Leader of the House.

Article 24

The powers of the People's Senators are thus:

  • The power to return a bill to the House of Representatives a maximum of twice.

Article 25

The House of Representatives is the lower House of the Assembly and it is the direct voice of the People.

Article 26

The House of Representatives is made up nine individuals, one from each of the following electoral constituencies:

  • Nemkhav-Skajacka North
  • Nemkhav-Skajacka Central
  • Nemkhav-Skajacka South
  • Bosja North
  • Bosja Central
  • Bosja South
  • Urkhavsk West
  • Urkhavsk Central
  • Urkhavsk East

Article 27

The Members of the House of Representatives shall be styled 'Members of the Federal Assembly' or 'MFA'.

Article 28

The powers of the House of Representatives are as follows:

  • The power to create legislation
  • The power to extend Diplomatic Relations
  • The power to sever Diplomaic Relations
  • The power to declare a State of Emergency
  • The power to call up the Nemkhav Defence Forces
  • The power to declare war
    • War may only be declared in the case of an immediate threat to Nemkhavia

Article 29

In the case of calling up the Nemkhav Defence Forces or declaring a state of War, both houses of the Federal Assembly must be in agreement.

Article 30

Upon election, the party with the largest number of seats must form a government within ten days. If there is no party with a majority, a coalition must be formed within fifteen days.

Article 31

The leader of the ruling party, or the largest party in a ruling coalition, shall become the Prime Minister.

Article 32

The Prime Minister is the Head of Government of the Socialist Federal Republic, and Leader of the House of Representatives.

Article 33

The Government must form a Council of Secretaries, which as Ministerial posts in the following jurisdictions:

  • Finance and Economics
  • Federal Affairs
  • Education
  • Defence and Justice
  • Agriculture and the Woodlands

Article 34

The Prime Minister may hold a Ministerial post if he/she so chooses.

Article 35

The Federal Assembly must be elected once every twelve months.

Article 36

The Federal Assembly can be terminated by a referendum, wherein more than 50% of the public wish for the election of a new Assembly. This right is unalienable.

Article 37

All decisions of the Federal Assembly in both Houses require a majority vote.

5. The Rights of the Individual

Article 38

The Rights of the Individual are as follows:

  • The Right of Freedom of Expression
    • In spoken words, text, moving picture or any other medium of communication
  • The Right of Freedom of Religion
  • The Right of Freedom of Movement
  • The Right of Freedom of Association
  • The Right of Freedom of Organisation
  • The Right of Equality before the Law
  • The Right to Freedom from Discrimination
    • On the basis of their Sex, Political Views, Creed, Country of Origin or any other factor.
  • The Right to Vote
  • Equality before the Law
  • The Right to Freedom of Association
  • The Right to the Protection of the State
  • The Right to Proportionate Punishment for crimes committed.
    • Capital Punishment is Outlawed.

Article 39

These Rights are conferred upon all citizens of the Socialist Federal Republic, and any other citizens, macronational or micronational, who reside within its borders for any length of time.

Article 40

All people are equal.

6. The Law

Article 41

The task of policing and justice is given to the National Police at Federal level.

Article 42

The National Police may not interfere in the local affairs of police forces in each of the constituent Republics, unless a State of Emergency is in place.

Article 43

The National Police is led by the Commissioner of the National Police.

Article 44

Judicial authority is vested in the People's Chief Justice and the Supreme People's Court.

Article 45

The People's Chief Justice may only interpret the law; he/she may not make the Law or alter this Document in any way.

7. The Armed Forces

Article 46

The military defence of the Socialist Federal Republic falls to the Nemkhav Defence Forces, which are divided as follows:

  • The Nemkhav Citizen Army
  • The Nemkhav Border Service

Article 47

The Mission of the Nemkhav Defence Forces is as follows:

To defend the Socialist Federal Republic from outside aggression, should all diplomatic solutions fail, and to intervene in situations of dire peril, should the Socialist Federal Republic be called for help by an ally or friendly party

Article 48

The Nemkhav Defence Forces can only be called to action by the Federal Assembly, with a vote of 70% or more from both Houses. Once called to action, the Federal Assembly stipulates how long the activity will last, and has the final task of standing down the Forces after the situation has passed.

Article 49

Senior Officers of the Nemkhav Defence Forces are appointed by the Federal Assembly, after a vote.

Article 50

  • The Nemkhav Citizen Army is led by an Officer of rank no less than Lieutenant-General, styled Officer Commanding Citizen Army.
  • The Nemkhav Border Service is led by an Officer of rank no less than Brigadier-General, styled Officer Commanding Border Service

Article 51

The highest military authority of the Nemkhav Defence Forces is the Chief of Staff of the Nemkhav Defence Forces, who holds rank no less than General of the Army.

Article 52

The Chief of Staff holds operational command of both Arms of the Defence Forces at all times.

8. The Republics

Article 53

The three constituent Republics are themselves sovereign states, within the Federal structure.

Article 54

The three constituent Republics are entitled to elect a Local Assembly, consisting of three individuals. The powers of this Assembly are thus:

  • The power to create legislation that effects the Republic in question.
  • The power to petition the Federal Assembly

Article 55

The Local Assemblies elect from their numbers a Prime Minister, who acts as the Head of Government of the Republic in question.

Article 56

The position of Head of State of each of the Republics is filled by a President of the Republic.

Article 57

The Presidents of the Republics are elected every six months according to the rules for election of the Presidium of the Socialist Federal Republic.

Article 58

The Republics have the right to form their own police force to deal with local issues.

Article 59

The Republics have the right to a judiciary, paralleling the Supreme People's Court, to deal with local issues.

Article 60

The Republics do not have the right to form their own Armed Forces. All matters of defence are covered by the Nemkhav Defence Forces and the Federal authorities.

Signatures

Marka Mejakhansk, M.Pres as President of the Presidium of the Socialist Federal Republic of Nemkhavia.


George Ustim, MFA as Prime Minister of the Socialist Federal Republic of Nemkhavia, Leader of the House of Representatives.


Francois Delamour, PS as Leader of the House of Republics and Provinces.

Retrieved from "https://commons.micronations.wiki/index.php?title=Constitution_of_the_Socialist_Federal_Republic_of_Nemkhavia&oldid=378"