Section 1 [Definitions]
All references to "The Republic"
shall be references to The Republic
of the Internet unless provided for otherwise.
All references to time (months, years, hours etc.) shall refer to
Earth equivalent
time.
"Citizens" are citizens of any nation but must be using
the internet in the past 180 days and have immigration paperwork
filed with the Immigration Department as provided for in the
constitution.
They are individuals of an age not less than 15 years for
sufferage right and 0 years for citizenship.
All references to voting are references to voting as proscribed
for in this constitution.
"Inactivity" refers to a lack of interaction with the
Internet. This may mean
a failure to vote, to respond to official emails or not using the
internet.
Section 2 [The Constitution]
This constitution creates the separate and
distinct institutions of:
The Parliament
The President
The Judiciary
Each is to operate independently of the other so as to provide
for a system of
checks and balances in the exercise of power. Legislation,
regulations and by-laws are passed and given legal effect
by a majority of votes in the Parliament followed by assent from
the President. Legality of such laws may be adjudicated
on by the Supreme Court.
Chapter I Parliament
Section 3
Legislative power is vested in Parliament.
This includes the power to formulate
new laws and regulations for the peace, prosperity and
development of the Republic and its citizens.
Section 4
Parliament will consist of one sitting
group of members in a unicameral chamber to be called the
Legislative Council.
Section 5
Members of Parliament will be chosen from
nominated citizens in elections as provided for in this
constitution.
Section 6
1.
Parliament may, with the support of a unanimous majority of those
voting for a Special
Resolution, impeach the President on grounds of proven
misbehavior or incapacity.
2.
For the purpose of proving such allegations Parliament shall
constitute itself The
High Court of Parliament wherein all due process of law shall
take place before a vote is taken.
3.
In the event of impeachment the Speaker of Parliament will
declare Parliament dissolved
and request the Electoral Commission to arrange for elections for
a new Parliament and President.
Section 7
1.
Dissolution of Parliament may also occur by Presidential
Proclamation. Such dissolution
cannot occur within 30 days of a Parliamentary election without
the President giving sufficient reason for such
an act.
2.
Such grounds for dissolution shall be scrutinized, for acceptance
or rejection, by
a Bench of not less that 3 Members of the Supreme Court.
3.
Such dissolution will have immediate effect and fresh elections
for both the Parliament
and the Presidency will be called as soon as practicable.
Section 8
Parliament shall sit for a 1 year term
consecutive with that of the President. At the end of such term
the President
will dissolve Parliament and request the Electoral Commission to
officiate at the next election.
Section 9
Parliament may make laws regulating the
number of Members of the Legislative Council. Any such law
requires a 2/3 majority of those voting, and will only take
effect from the next electoral term. The total number of members
may
be no less than 10
Section 10
1.
When a vacancy occurs in Parliament, the position shall be filled
according to the
following:
a)
If only one vacancy exists then the position may ne filled by the
next candidate
on a party ticket from the presvious election, or if not
applicable a by-election will be held.
b)
If more than one vacancy exists, then all vacant seats are to be
determined by the
outcome of a by-election
c)
By-elections may only be held at periods of two and or four
months into a Parliamentary
term, to ensure that if multiple vacancies exists that
simultaneous multi-seat by-elections are held
2.
Resignation occurs upon notification to the Speaker, or in their
absence the President.
3.
A vacancy may also be declared after a
period of inactivity by the member of not
less than 30 days, as determined by the Speaker in consultation
with the Prime Minister.
Section 11
Until Parliament otherwise provides, the
participation of at least one-third of the number of members
shall be
necessary to constitute a quorum for the exercise of its powers.
Section 12
In a Parliamentary vote a simple majority
(i.e. 50% + 1 vote), unless otherwise stipulated, is necessary to
pass
any motion. If there are equal votes then the legislation shall
pass in the negative.
Section 13
A Speaker of the Legislative Council is to
be appointed by a simple majority of those voting in the Council.
The Speaker:
1.
Must be a member of the Council
2.
May adjudicate over protocols and procedure established by the
Council.
3.
Retains voting rights as a Member of Parliament except where this
Constitution stipulates
otherwise.
4.
May be removed from office by a simple majority of those voting
in the Legislative
Council.
Chapter II The President
Section 14
Executive power is vested in the President.
This includes the power to act as Head of State for the Republic
and
to ensure the peace, prosperity and development of the Republic
and its citizens.
Section 15
The President is elected by simple or a
preferential majority of all citizens voting in a Presidential
election
and shall sit for a 1 year term consecutive with that of
Parliament.
Section 16
The President has the power to assent to or
to veto legislation. If assent is given then the legislation is
given
legal effect subject to Constitutional challenge in the Supreme
Court.
[Section 17 deleted due to duplication]
Section 18
The President is restricted to two
consecutive terms in office. The number of non-consecutive terms
is unlimited.
Section 19
The President cannot formulate legislation
but only assent to or veto Bills passed by Parliament and put
before
him/her.
Section 20
1.
Validation of the Presidential election results by the Electoral
Commission constitutes
the swearing in of the new President.
2.
In the event of the death, resignation, or impeachment of the
President whilst in
office, the Speaker of the Legislative Council becomes the
Acting-President. In such an event, the Speaker may
no longer vote in Parliament, and must request the Electoral
Commission to officiate at new Presidential and Parliamentary
elections as soon as practicable.
Chapter III The Judiciary
Section 21
The Judicial power of The Republic shall be
vested in a Supreme Court, to be called the Supreme Court of The
Republic
of Mars. The Supreme Court shall consist of a Chief Justice, and
other Justices, so that the total number is an
odd number no less than three, and no greater than seven.
Section 22
The powers of the Supreme Court include the
power to monitor and review the activities of Parliament and the
President
to ensure the peace, prosperity and development of the Republic
and its citizens. This clause specifically includes
the power of judicial review to determine the constitutionality
of any legislation, resolution, proclamation or
any other Parliamentary or Presidential action.
Section 23
1.
Justices are elected by Parliament, with each candidate requiring
a majority of 2/3
of those voting.
2.
The candidates names are then put forward to the citizens
who may vote for or against
each candidates appointment.
3.
Candidates must receive a majority of 2/3 of those voting to be
appointed. If a candidate
is rejected, Parliament must submit another candidate. This
continues until all positions are filled.
4.
A new Bench of the Supreme Court does not become active until the
citizens have accepted
all candidates.
5.
Until then, the previous Justices continue
to serve. In the event of a resignation,
the position must be filled as soon as possible. The Supreme
Court may not pass any verdicts during this time.
Section 24
Justices of the Supreme Court :
1.
Shall not be removed except by Parliament, with a unianimous
majority of those voting for
such removal on the ground of proved misbehavior or incapacity.
For the purpose of proving such allegations Parliament
shall constitute itself The High Court of Parliament wherein all
due process of law shall take place before a vote
is taken.
2.
Must be citizens of the Republic
3.
Must resign from any political parties upon their appointment to
the Supreme Court
4.
Are appointed for a four year term, with no limit being placed on
the number of terms
that may be served.
5.
May resign their office by Notice to the President.
6.
Adjudicate upon issues placed before them by citizens. Such
issues are resolved on
a majority vote.
Chapter IV Elections
Section 25
The three most senior members of the
Supreme Court will also constitute the Electoral Commission.
Seniority is determined first by length of service, and secondly
by age if further differentiation of candidate is required.
For the initial election the Electoral Commission shall consist
of three Supreme Court candidates as decided by
the Provisional Administrator.
Section 26
Elections for the Parliament and President
must occur no more than 3 weeks after dissolution.
Section 27
There are to be ten (10) members of the
first Legislative Council. They will be chosen through the
following method:
1.
All citizens are to be notified of an upcoming election not less
than 14 days before
voting.
2.
Voting slips will be distributed by the Electoral Commission to
all eligible citizens.
3.
Citizens must return voting slips to all three Electoral
Commission members within
the specified time period.
4.
All three Electoral Commission members must forward their results
to the outgoing
President.
5.
The President must compare the results for any inconsistency and
then announce the
winner/s.
6.
Elections will operate on a preferential voting system. Citizens
will mark the number
one (1) next to the preferred candidate and then list thereafter
their preferences for the remaining candidates.
7.
Candidates who receive a set quota of the first preference vote
are elected to Parliament.
8.
For remaining positions, or in the event of a tied vote, the seat
will be determined
by the distribution of preferences.
9.
Where there is uncertainty or dispute arising out of the
electoral method or process
it will be resolved by simple majority in the Electoral
Commission.
Section 28
There is one position for President of the
Republic. It will be determined by
the following electoral method:
1.
All citizens are to be notified of an upcoming election not less
than 14 days before
voting.
2.
Voting slips will be distributed by the Electoral Commission to
all eligible citizens.
3.
Citizens must return voting slips to all three Electoral
Commission members within
the specified time period.
4.
All three Electoral Commission members must compare the results
for any inconsistency
and then announce the winner.
5.
The candidate who receives the majority of the two-candidate
preferred vote is declared
President. In the event of a tied vote, the Parliament shall
decide between the canidates.
6.
Where there is uncertainty or dispute arising out of the
electoral method or process
it will be resolved by decision of a majority of the Electoral
Commission.
Section 29
A Member of Parliament may not hold the
office of President and vice versa. Nor may a candidate run for
both positions.
Section 30
A Member of the Supreme Court may not hold
any other constitutional position and vice versa. Nor may he/she
run
for such a position whilst still in office.
Chapter V Constitutional Amendment
Section 31
This Constitution shall not be altered
except in the following manner:
1.
The proposed Constitutional Amendment must be passed by a 2/3
majority of those voting
in the Legislative Council, and then given assent to by the
President. The matter shall be submitted to all citizens
in the form of a referendum at or before the next parliamentary
election.
2.
If a simple majority of all the citizens voting approve the
Constitutional Amendment
Act it shall be presented to to the President for their final
assent.
Bill of Rights
Amendment 1. The right to free speech and expression shall not be infringed.
Amendment 2. The right for citizens over 18 years of age to keep and bear arms shall not be infringed.
Amendment 3. One's property may not be searched or seized without prior court approval.
Amendment 4. Any citizen may vote if the are over the age of 15 years and not a felon.
Amendment 5. Infringment of one's rights (life, liberty, property, pursuit of happiness) by any person is a felony.