The Contitutional Monarchy of Maxistan is located in country South Australia, Australia and its head, Emperor Max Martin, rules over the land.
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maxistan.gov@hotmail.comThe Constitutional Monarchy of Maxistan
Constitution
Preamble
The People, pursuing the goals spelled out in this Constitution; establish The Constitutional Monarchy of Maxistan, a micronation situated in former Australian territory.
Chapter I
State Definition
Article I
State People
I. Citizens of the state are people who hold Maxistan citizenship or who are born within Maxistan borders.
II. The official language of Maxistan is English.
Article II
State Form
I. The state of Maxistan is a limited monarchy, with its head being the emperor.
II. This constitution is the supreme law of Maxistan and is directly binding on all state authority.
Article III
State Symbols, Capital
I. The national colours, flag, coat of arms, seal and the national anthem represent the state.
II. The motto of the state is “Live in Unity Under one Flagâ€.
III. The capital of the state is Maxie City.
Chapter II
State Objectives
Article IV
General Constitutional Objectives
I. The State promotes justice and universal protection of human rights as individual rights. The State encourages fraternity among its citizens by establishing solidarity, general welfare, and national unity,
II. The State acknowledges the right of the People to national autonomy and self-determination, and the right of minorities to group autonomy
III. The state promotes:
• Public Health Care
• Education and Schooling
• Schemes for Social Welfare
• Preservation and Development of Culture
• Preservation and Maintenance of historical objects.
• Environmental Protection
• Natural and Social Sciences
Article V
State Security
I. The State promotes worldwide peace. Acts undertaken to prepare war or to otherwise disturb the peaceful relations between nations are unconstitutional.
II. The State takes adequate measures to preserve its integrity even in the state of war or civil war.
III. The State protects the People against terrorism, extremism, and catastrophes.
Chapter III
State Organization
Part I
General Organization
Article VI
National Powers
I. State powers belong to the national entities for the following subject matters:
• State Defence
• Foreign Relations
• Economic Regulations
• Infrastructure and Traffic
• Taxation
• Private, criminal and procedural law
• Educational and other standards
• and all other subject matters which by their very nature or as a corollary to the subjects listed have to be centralized on the national level.
Part II
Representation of the State
Article VII
Head of State
I. The Emperor is the head of state. He or she has the right to conduct foreign affairs, and to all other representative functions of the State.
II. The President is the head of running of the state to a point.
III. The President and Vice-President are elected by the National Parliament with precedence over all other business.
IV. Every resident citizen with the right to vote who has attained the age of thirty-five is eligible for the office of President or Vice-President.
V. Before taking office, President and Vice-Presidents take the following Oath or Affirmation: "I do solemnly swear (or affirm) that I will faithfully execute this office, honouring and protecting the Constitution of the State.
Part III
Executive Power
Article VIII
National Government
I. The executive power of the State is vested in the national Government. It includes diplomatic affairs.
II. The Emperor is the head of the National Government. The Emperor freely chooses the National Ministers with advice allowed by the elected president.
III. The Emperor is Commander in Chief of the Armed Forces.
Article IX
Impeachment
An impeachment of the President by the National Parliament takes the form of a new presidential election.
Article X
Regional Equalization of Finances
The State provides for an overall equalization of finances, giving due consideration to the regions' respective debts, burdens, economic power, and infrastructural responsibilities.
Part IV
Legislative Power
Article XI
National Parliament
I. The legislative power is vested in the National Parliament.
II. The National Parliament consists of 150 members. Members of the National Parliament are residents publicly elected by the People. Each region elects among its residents in proportion to its share of citizens eligible to vote. Their office ends after a four-year term or when they lose their electoral rights.
III. The national parliament elects the president with the Emperor having the equivalent of 5 votes for more influence.
IV. Decisions of the National Parliament require a majority of the votes cast (simple majority) unless this Constitution provides otherwise.
Article XII
Rights of Members of Parliament
I. Members of Parliament are only bound by their conscience.
II. Members of Parliament may not be subjected to court proceedings or disciplinary action for a vote cast or a statement made by them in the National Parliament or in any of its committees (Indemnity).
III. Members of Parliament may not be called to account or be arrested except by permission of the National Parliament (Immunity).
IV. Members of Parliament are entitled to adequate remuneration ensuring their independence. The remuneration may not be altered for the present term.
Article XIII
Budget
I. The bill for the yearly budget law is introduced by the president.
II. Budget laws are not subjected to referendums.
Article XIV
Treaties
I. The Emperor signs treaties with other states.
II. The legislative power of the National Parliament includes the power to ratify treaties with other states.
III. Treaties not ratified within six months have to be revoked by the Emperor.
Article XV
National Ordinances
I. Laws may empower National Ministers to adopt National Ordinances regarding a specified subject matter.
II. National Ordinances do not require ratification by Parliament.
Article XVI
State of Emergency
I. In cases of grave and immediate threat to the existence of the State, the Emperor may take necessary measures of defence.
II. All emergency measures must be confirmed or revoked by the Parliament at the earliest time possible. The Emperor is bound by the Parliaments' decisions.
Article XVII
Ombudsman
The parliamentary Ombudsman safeguards fundamental rights and liberties and controls the compliance of all state powers with the provisions of this Constitution.
Part V
Adjudicative Power
Article XVIII
Independent Courts
I. The adjudicative power is vested in independent courts.
II. Judges are citizens elected by the parliament. They are independent. Their office ends at time of retirement or when they lose their electoral rights.
Article XIX
Supreme Court
I. The Supreme Court decides issues involving this Constitution. In particular, the Supreme Court has jurisdiction over:
• disputes between state entities concerning their respective rights and duties under this Constitution;
• challenges of a national or regional entity, a Court in the course of its determination, or a third of the Members of Parliament against the constitutionality of a law;
• claims of individuals regarding violations of their constitutional rights;
• popular complaints about the violation of fundamental rights;
• challenges of an act of a state power by the Ombudsman;
• cases on appeal from National Courts as the Supreme Court deems necessary to review;
• all other cases assigned to its jurisdiction by law.
II. Decisions of the supreme court are directly binding for all entities of the State.
III. The office of Supreme Court Justices does not exceed a period of 15 years
Article XX
National Courts
I. National courts have supreme jurisdiction over review and other matters assigned to it by law.
II. The supreme court decides by extraordinary review in cases of inconsistent application of the law by different national courts.
Chapter IV
Fundamental Rights
Part I
General Provisions
Article XXI
Human Rights
I. The State acknowledges liberty and equality of all humans.
II. Human dignity must be respected in any case.
III. Everyone is free to do or not to do whatever he or she chooses. Everyone is responsible for acts freely chosen.
IV. Slavery is abolished.
Article XXII
Applicability
I. Fundamental rights apply to natural persons, domestic and foreign, who are assigned these rights. They apply to legal persons, domestic and foreign, where, and to the extent that, the nature of the rights permits.
II. Fundamental rights are inviolable and inalienable. They include the freedom not to make use of them (negative freedom). Their exercise may, in single instances, be waved by free and responsible declaration of the rightholder, but such declaration is never binding for future instances.
Part II
Liberties and Property
Section I
Integrity
Article XXIII
Personal Integrity
I. Everyone has the right to life and bodily integrity
II. Everyone has the right to remain free (personal freedom).
III. All citizens are free to reside anywhere in, move throughout, enter, and leave the Territory.
IV. Capital and corporal punishment are abolished.
V. Torture is prohibited.
Article XXIV
Property Integrity and Related Rights
I. Everyone has the right to acquire, own, possess, exclusively use, and convey private property.
II. Property may not be taken without due compensation.
Article XXV
Right to Testify and Inherit
Everyone has the right to testify and inherit.
Section II
Religious Freedom
Article XXVI
Freedom of Religion and Belief
I. Everyone has the right to choose and practice his or her religion, creed, conscience, faith, confession, and belief.
II. Everyone can refuse to give religious instructions.
III. Everyone can, on the basis of conscience, refuse to serve in armed forces.
Section III
Freedom of Communication
Article XXVII
Freedom of Expression and Information
I. Everyone has the right to freely express and disseminate his or her opinions.
II. The Freedom of the press and other media is guaranteed.
III. Everyone has the right to freely retrieve information from publicly available sources.
IV. Censorship is abolished.
Article XXVIII
Right to Assemble and Associate
I. Everyone has the right to peacefully assemble.
II. Everyone has the right to associate with others. This includes association in political parties.
III. Every adult has the right to marry one partner.
Article XXIX
Right to Privacy
I. Everyone has the right to privacy.
II. The home is inviolable.
III. The privacy of letters as well as the secrecy of mail and telecommunication are inviolable.
Section IV
Freedom of Profession and Activities
Article XXX
Freedom of Profession
I. All citizens have the right to freely choose their occupation, their place of work, and their place of study or training.
II. There is no duty to work. Forced labor is prohibited.
Article XXXI
Freedom of Research, Science and Teaching
I. Everyone has the right to research and conduct science.
II. Everyone has the right to perform arts.
III. Everyone has the right to teach and to found private schools.
Section V
Political Rights
Article XXXII
Electoral Rights
I. All resident adults have the equal right to vote and to be elected. In national elections, only citizens have this right.
II. There is no compulsory voting.
III. Anyone who has attained the age of eighteen years is an adult.
Article XXXIII
Right to Petition
Everyone has the right to address written petitions to the competent agencies, to governments, and to parliaments.
Article XXXIV
Freedom of Citizenship
I. Citizens can at any time give up their citizenship.
II. Citizens may at no time be forced to give up their citizenship.
Article XXXV
Right to Self-determination and Resistance
I. Everyone has the right to collective self-determination including the right to decide about membership in regional or local entities. The State guarantees these rights through adequate powers of decentralized regional and local governments
II. All citizens have the right to civil disobedience and resistance against attempts to abolish this constitutional order, should no other remedy be available.
Article XXXVI
Right to Found Political Parties
I. Everyone has the right to found political parties respecting the principles of secularity, sovereignty, and democracy.
II. Everyone is free to carry on political activities in or with such parties.
Section VI
Other Liberties
Article XXXVII
Freedom of Procreation and Childrearing
I. Everyone has the right to procreation.
II. Parents have the right to bringing up and educating their children. They have the right to decide about their children's participation in religious instructions.
Part III
Equality
Article XXXVIII
Equality
I. All humans are equal before the law (general equality).
II. Matrimonial equality and legitimacy equality are guaranteed.
III. All citizens are equally eligible for public office according to their professional aptitude.
Article XXXIX
Prohibition of Discrimination and Privileges
I. No person may be discriminated against or privileged on the basis of sex, gender, origin, race, language, origin, parentage, creed, faith, or nobility.
II. Measures for the advancement of persons are admissible to remedy past discrimination (affirmative action).
Part IV
Right to Protection
Article XL
Special Protection
I. Protection of human dignity is a duty of the state.
II. The institution of marriage has the special protection of the state.
III. Families, mothers, and minors have the special protection of the state.
IV. Everyone persecuted on political grounds has the right to asylum.
Part V
Welfare Rights
Article XLI
Special Support
I. Everyone has the right to livelihood, healthcare, shelter, and education.
II. Mothers have the special support of the state.
Part VI
Procedural Rights
Article XLII
Access to Courts
I. Everyone has free recourse to the courts.
II. Everyone has the right to a constitutional judge. Extraordinary courts are not allowed.
III. Persons and groups have recourse to the court acting for other right holders not being in a position to seek relief in their own name (third party standing).
Article XLIII
Fair Trial
I. Everyone has the right to a fair trial. Evidence obtained legally is inadmissible. Everyone has the right of access to all state information required for the exercise or protection of any of his or her rights (file access)
II. Everyone has the right to trial by jury.
III. No one may be deprived of life, liberty, or property without due process of law.
IV. No law shall be passed stipulating regulations of the past without due compensation for all losses (ex post facto law).
Article XLIV
Criminal Justice
I. No act may be punished unless it is constituted a criminal offence under the law before having been committed. No one may be punished for the same act more than once.
II. Only judges may indict or subpoena persons or issue warrants for arrest, search or seizure.
III. Everyone accused or arrested enjoys the right to:
• A speedy and public trial
• Be presumed innocent until proven guilty
• Not be a witness against himself
• Promptly to be informed about the reason of accusation or detention and about the right to be silent
• Counsel for defence
• Communicate with next-of-kin, partner, and legal, medical, and religious counsellor.
• Be released no later than 24 hours after the arrest if not further detended after court hearing
• Redress in case of false imprisonment
Article XLV
Prohibition of Extradition
No citizen may be extradited to a foreign country.
Chapter V
Individual Restrictions
Part I
General Provisions
Article XLVI
Admissible Restrictions
I. The state can apply restrictions on individual rights only for the purpose of protecting individual rights of other persons or furthering other state interests explicitly mentioned in this constitution.
II. Any restriction on individual rights must be competent and narrowly tailored to further the constitutional interest. Such restriction must be an adequate means to achieve the purpose of furthering the constitutional interest. In no case may the essence of a fundamental right be infringed.
III. Any restriction must apply generally and not solely to an individual case.
Article XLVII
Special Restrictions
I. Possession and use of drugs resulting in strong and imminent danger for the general public is prohibited.
II. Possession and use of firearms and other weapons without a permit is prohibited.
Part II
Duties
Article XLVIII
General Duties
I. Parents have the duty to rear and educate their minor children.
II. Adults have the duty to support and assist their parents if they are in need.
III. Parents and children have the duty to ensure that minors attend public schools or equivalent institutions (compulsory schooling). Vocational schools and certified private schools are equivalent to public schools.
Article XLIX
Civil Service
I. Every citizen of age serves one year in the Armed Forces, in the unarmed civil services, or in equivalent non-profit services.
II. Whoever is unable to serve is liable to compensate the community.
Part III
Burdens
Article L
Taxation
I. The State levies taxes from the citizens.
II. The State levies taxes throughout the Territory.
Article LI
Mandatory Insurance
The State establishes the requirements for mandatory insurance.
Part IV
State Monopolies
Article LII
Monopolies on Objects
No one but the State may own heavy weapons or ultra-hazardous material.
Article LIII
Monopolies on Activities
I. No one but the State may coin or print money.
II. The State retains the monopoly on mail and telecommunication networks.
Part V
Forfeiture of Fundamental Rights
Article LIV
Forfeiture of Rights
I. Persons and political parties who abuse fundamental rights in order to combat the free democratic basic order forfeit these rights.
II. Such forfeiture and the extent thereof is determined by the Supreme Court.
Article LV
Deprivation of Electoral Rights
By final court order, the right to vote and to be elected can, partially or at large, temporarily or unlimited, be suspended if an adult:
• has not the requisite mental capacity for any legal responsibility or
• has irrevocably been sentenced to at least one year of imprisonment.
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