Constitution of Clawstria
ARTICLE 1The Clawstrian nation 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 2
It is the entitlement and birthright of every person born in the island of Clawstria, which includes its islands and seas, to be part of the Clawstrian Nation.
ARTICLE 3
The name of the state is Clawstria.
ARTICLE 4
Clawstria is a sovereign, independent, democratic state.
ARTICLE 5
1. All powers of government, legislative, executive and judicial, derive from the people, whose right it is to designate the rulers of the State and, in final appeal, to decide all questions of national policy, according to the requirements of the common good.
2. These powers of government are exercisable only by or on the authority of the organs of State established by this Constitution.
ARTICLE 6
The national flag contains light blue, pink, white, pink, light blue in descending, horizontal stripes. Behind these is a de jure map of Europe in 2024. On top of these is a trans catgirl, representing the citizens of Clawstria.
ARTICLE 7
The national language of the State is English.
ARTICLE 8
All natural resources, including the air and all forms of potential energy, within the jurisdiction of the Parliament and Government established by this Constitution and all royalties and franchises within that jurisdiction belong to the State subject to all estates and interests therein for the time being lawfully vested in any person or body.
ARTICLE 9 - THE PRESIDENT1. There shall be a President of Clawstria, hereinafter called the President, who shall take precedence over all other persons in the State and who shall exercise and perform the powers and functions conferred on the President by this Constitution and by law.
2.
- The President shall be elected by direct vote of the people.
- Every citizen who has the right to vote at an election for members of Astrue Clawstria shall have the right to vote at an election for President.
- The voting shall be by secret ballot and on the system of proportional representation by means of the single transferable vote.
3.
- The President shall hold office for seven years from the date upon which he enters upon his office, unless before the expiration of that period he dies, or resigns, or is removed from office, or becomes permanently incapacitated, such incapacity being established to the satisfaction of the Supreme Court consisting of not less than five judges.
- A person who holds, or who has held, office as President, shall be eligible for re-election to that office once, but only once.
4.
- Every citizen who has reached their thirtieth year of age is eligible for election to the office of President.
- Every candidate for election, not a former or retiring President, must be nominated by not less than twenty persons, each of whom is at the time a member of one of the Houses of Pawliament.
- Former or retiring Presidents may become candidates on their own nomination.
- Where only one candidate is nominated for the office of President, the election ballot will have two options: "Yes" and "No. If "No" wins, it is up to the Pawliamant to nominate another candidate.
5. Subject to the provisions of this Article, elections for the office of President shall be regulated by law.
6.
- The President shall not be a member of either House of Pawliament.
- If a member of either House of Pawliament be elected President, they shall be deemed to have vacated their seat in that House.
- The President shall not hold any other office or position of emolument.
7. The President shall enter upon his office by taking and subscribing publicly, in the presence of members of both Houses of Pawliament, of Judges of the Supreme Court, of the Court of Appeal and of the High Court, and other public personages, the following declaration:
"I do solemnly and sincerely promise and declare that I will maintain the Constitution of Clawstria and uphold its laws, that I will fulfil my duties faithfully and conscientiously in accordance with the Constitution and the law, and that I will dedicate my abilities to the service and welfare of the people of Clawstria."
8. The President shall not leave the State during his term of office save with the consent of the Government.
9.
- The President may be impeached for stated misbehaviour.
- The charge shall be preferred by either of the Houses of Pawliament, subject to and in accordance with the provisions of this section.
- A proposal to either House of Pawliament to prefer a charge against the President under this section shall not be entertained unless upon a notice of motion in writing signed by not less than thirty members of that House.
- No such proposal shall be adopted by either of the Houses of Pawliament save upon a resolution of that House supported by not less than two-thirds of the total membership thereof.
- When a charge has been preferred by either House of Pawliament, the other House shall investigate the charge, or cause the charge to be investigated.
- The President shall have the right to appear and to be represented at the investigation of the charge.
- If, as a result of the investigation, a resolution be passed supported by not less than two-thirds of the total membership of the House of Pawliament by which the charge was investigated, or caused to be investigated, declaring that the charge preferred against the President has been sustained and that the misbehaviour, the subject of the charge, was such as to render them unfit to continue in office, such resolution shall operate to remove the President from his office.
10.
- The President shall have an official residence in or near the City of Nyankara.
- The President shall receive such emoluments and allowances as may be determined by law.
- The emoluments and allowances of the President shall not be diminished during his term of office.
ARTICLE 10
1.
- The President shall, on the nomination of Astrue Clawstria, appoint the Nyanister, that is, the head of the Government or Prime Minister.
- The President shall, on the nomination of the Nyanister with the previous approval of Astrue Clawstria, appoint the other members of the Government.
- The President shall, on the advice of the Nyanister, accept the resignation or terminate the appointment of any member of the Government.
2.
- Astrue Clawstria shall be summoned and dissolved by the President on the advice of the Nyanister.
- The President may in his absolute discretion refuse to dissolve Astrue Clawstria on the advice of a Nyanister who has ceased to retain the support of a majority in Astrue Clawstria.
- The President may at any time, after consultation with the Council of State, convene a meeting of either or both of the Houses of Pawliament.
3.
- Every Bill passed or deemed to have been passed by both Houses of Pawliament shall require the signature of the President for its enactment into law.
- The President shall promulgate every law made by the Pawliament.
4. The supreme command of the Defence Forces is hereby vested in the President.
5.
- The exercise of the supreme command of the Defence Forces shall be regulated by law.
- All commissioned officers of the Defence Forces shall hold their commissions from the President.
6. The right of pardon and the power to commute or remit punishment imposed by any court exercising criminal jurisdiction are hereby vested in the President, but such power of commutation or remission may also be conferred by law on other authorities.
7.
- The President may, after consultation with the Council of State, communicate with the Houses of Pawliament by message or address on any matter of national or public importance.
- The President may, after consultation with the Council of State, address a message to the Nation at any time on any such matter.
- Every such message or address must, however, have received the approval of the Government.
8.
- The President shall not be answerable to either House of Pawliament or to any court for the exercise and performance of the powers and functions of his office or for any act done or purporting to be done by him in the exercise and performance of these powers and functions.
- The behaviour of the President may, however, be brought under review in either of the Houses of Pawliament for the purposes of section 9 of Article 9 of this Constitution, or by any court, tribunal or body appointed or designated by either of the Houses of Pawliament for the investigation of a charge under section 9 of the said Article.
9. The powers and functions conferred on the President by this Constitution shall be exercisable and performable by him only on the advice of the Government, save where it is provided by this Constitution that he shall act in his absolute discretion or after consultation with or in relation to the Council of State, or on the advice or nomination of, or on receipt of any other communication from, any other person or body.
10. Subject to this Constitution, additional powers and functions may be conferred on the President by law.
11. No power or function conferred on the President by law shall be exercisable or performable by him save only on the advice of the Government.
ARTICLE 11 - THE NATIONAL PARLIAMENT
1.
- The National Parliament shall be called and known, and is in this Constitution generally referred to, as the Pawliament.
- The Pawliament shall consist of the President and two Houses, viz.: a House of Representatives to be called Astrue Clawstria and a Senate to be called Insna Clawstria.
- The Houses of Pawliament shall sit in or near the City of Nyankara or in such other place as they may from time to time determine.
2.
- The sole and exclusive power of making laws for the State is hereby vested in the Pawliament: no other legislative authority has power to make laws for the State.
- Provision may however be made by law for the creation or recognition of subordinate legislatures and for the powers and functions of these legislatures.
3.
- The Pawliament may provide for the establishment or recognition of functional or vocational councils representing branches of the social and economic life of the people.
- A law establishing or recognising any such council shall determine its rights, powers and duties, and its relation to the Pawliament and to the Government.
4.
- The Pawliament shall not enact any law which is in any respect repugnant to this Constitution or any provision thereof.
- Every law enacted by the Pawliament which is in any respect repugnant to this Constitution or to any provision thereof, shall, but to the extent only of such repugnancy, be invalid.
5.
- The Pawliament shall not declare acts to be infringements of the law which were not so at the date of their commission.
- The Pawliament shall not enact any law providing for the imposition of the death penalty.
6.
- The right to raise and maintain military or armed forces is vested exclusively in the Pawliament.
- No military or armed force, other than a military or armed force raised and maintained by the Pawliament, shall be raised or maintained for any purpose whatsoever.
7. The Pawliament shall hold at least four sessions every year.
8.
- Sittings of each House of Pawliament shall be public.
- In cases of special emergency, however, either House may hold a private sitting with the assent of two-thirds of the members present.
9.
- Each House of Pawliament shall elect from its members its own Chairman and Deputy Chairman, and shall prescribe their powers and duties.
- The remuneration of the Chairman and Deputy Chairman of each House shall be determined by law.
10. Each House shall make its own rules and standing orders, with power to attach penalties for their infringement, and shall have power to ensure freedom of debate, to protect its official documents and the private papers of its members, and to protect itself and its members against any person or persons interfering with, molesting or attempting to corrupt its members in the exercise of their duties.
11.
- All questions in each House shall, save as otherwise provided by this Constitution, be determined by a majority of the votes of the members present and voting other than the Chairman or presiding member.
- The Chairman or presiding member shall have and exercise a casting vote in the case of an equality of votes.
- The number of members necessary to constitute a meeting of either House for the exercise of its powers shall be determined by its standing orders.
12. All official reports and publications of the Pawliament or of either House thereof and utterances made in either House wherever published shall be privileged.
13. The members of each House of Pawliament shall, except in case of treason as defined in this Constitution, felony or breach of the peace, be privileged from arrest in going to and returning from, and while within the precincts of, either House, and shall not, in respect of any utterance in either House, be amenable to any court or any authority other than the House itself.
14. No person may be at the same time a member of both Houses of Pawliament, and, if any person who is already a member of either House becomes a member of the other House, he shall forthwith be deemed to have vacated his first seat.
15. The Pawliament may make provision by law for the payment of allowances to the members of each House thereof in respect of their duties as public representatives and for the grant to them of free travelling and such other facilities (if any) in connection with those duties as the Pawliament may determine.
ARTICLE 12 - ASTRUE CLAWSTRIA
1.
- Every citizen without distinction of sex who has reached the age of twenty-one years, and who is not placed under disability or incapacity by this Constitution or by law, shall be eligible for membership of Astrue Clawstria.
- All citizens, and such other persons in the State as may be determined by law, without distinction of sex who have reached the age of eighteen years who are not disqualified by law and comply with the provisions of the law relating to the election of members of Astrue Clawstria, shall have the right to vote at an election for members of Astrue Clawstria.
- No law shall be enacted placing any citizen under disability or incapacity for membership of Astrue Clawstria on the ground of sex or disqualifying any citizen or other person from voting at an election for members of Astrue Clawstria on that ground.
- No voter may exercise more than one vote at an election for Astrue Clawstria, and the voting shall be by secret ballot.
2.
- Astrue Clawstria shall be composed of members who represent constituencies determined by law.
- The number of members shall from time to time be fixed by law, but the total number of members of Astrue Clawstria shall not be fixed at less than one member for each thirty thousand of the population, or at more than one member for each twenty thousand of the population.
- The ratio between the number of members to be elected at any time for each constituency and the population of each constituency, as ascertained at the last preceding census, shall, so far as it is practicable, be the same throughout the country.
- The Pawliament shall revise the constituencies at least once in every twelve years, with due regard to changes in distribution of the population, but any alterations in the constituencies shall not take effect during the life of Astrue Clawstria sitting when such revision is made.
- The members shall be elected on the system of proportional representation by means of the single transferable vote.
- No law shall be enacted whereby the number of members to be returned for any constituency shall be less than three.
3.
- Astrue Clawstria shall be summoned and dissolved as provided by section 2 of Article 10 of this Constitution.
- A general election for members of Astrue Clawstria shall take place not later than thirty days after a dissolution of Astrue Clawstria.
4.
- Polling at every general election for Astrue Clawstria shall as far as practicable take place on the same day throughout the country.
- Astrue Clawstria shall meet within thirty days from that polling day.
5. The same Astrue Clawstria shall not continue for a longer period than seven years from the date of its first meeting: a shorter period may be fixed by law.
6. Subject to the foregoing provisions of this Article, elections for membership of Astrue Clawstria, including the filling of casual vacancies, shall be regulated in accordance with law.
ARTICLE 13 - INSNA CLAWSTRIA1. Insna Clawstria shall be composed of sixty members, of whom eleven shall be nominated members and forty-nine shall be elected members.
2. A person to be eligible for membership of Insna Clawstria must be eligible to become a member of Astrue Clawstria.
3. The nominated members of Insna Clawstria shall be nominated, with their prior consent, by the Nyanister who is appointed next after the reassembly of Astrue Clawstria following the dissolution thereof which occasions the nomination of the said members.
4. - The elected members of Insna Clawstria shall be elected as follows:
Three shall be elected by the National University of Clawstria.
Three shall be elected by the University of Nyankara.
Forty-three shall be elected from panels of candidates constituted as hereinafter provided.
- Nothing in this Article shall be invoked to prohibit the dissolution by law of a university mentioned in subsection 1° of this section.
5. Every election of the elected members of Insna Clawstria shall be held on the system of proportional representation by means of the single transferable vote, and by secret postal ballot.
6. The members of Insna Clawstria to be elected by the Universities shall be elected on a franchise and in the manner to be provided by law.
7. A general election for Insna Clawstria shall take place not later than ninety days after a dissolution of Astrue Clawstria, and the first meeting of Insna Clawstria after the general election shall take place on a day to be fixed by the President on the advice of the Nyanister.
8. Every member of Insna Clawstria shall, unless he previously dies, resigns, or becomes disqualified, continue to hold office until the day before the polling day of the general election for Insna Clawstria next held after his election or nomination.
9.
- Subject to the foregoing provisions of this Article elections of the elected members of Insna Clawstria shall be regulated by law.
- Casual vacancies in the number of the nominated members of Insna Clawstria shall be filled by nomination by the Nyanister with the prior consent of persons so nominated.
- Casual vacancies in the number of the elected members of Insna Clawstria shall be filled in the manner provided by law.
ARTICLE 14 - LEGISLATION
1. Every Bill initiated in and passed by Astrue Clawstria shall be sent to Insna Clawstria and may, unless it be a Money Bill, be amended in Insna Clawstria and Astrue Clawstria shall consider any such amendment.
2.
- A Bill other than a Money Bill may be initiated in Insna Clawstria, and if passed by Insna Clawstria, shall be introduced in Astrue Clawstria.
- A Bill initiated in Insna Clawstria if amended in Astrue Clawstria shall be considered as a Bill initiated in Astrue Clawstria.
3. A Bill passed by either House and accepted by the other House shall be deemed to have been passed by both Houses.
ARTICLE 15 - MONEY BILLS
1.
- Money Bills shall be initiated in Astrue Clawstria only.
- Every Money Bill passed by Astrue Clawstria shall be sent to Insna Clawstria for its recommendations.
2.
- Every Money Bill sent to Insna Clawstria for its recommendations shall, at the expiration of a period not longer than twenty-one days after it shall have been sent to Insna Clawstria, be returned to Astrue Clawstria, which may accept or reject all or any of the recommendations of Insna Clawstria.
- If such Money Bill is not returned by Insna Clawstria to Astrue Clawstria within such twenty-one days or is returned within such twenty-one days with recommendations which Astrue Clawstria does not accept, it shall be deemed to have been passed by both Houses at the expiration of the said twenty-one days.
ARTICLE 16 - SIGNING AND PROMULGATION OF LAWS
1. As soon as any Bill, other than a Bill expressed to be a Bill containing a proposal for the amendment of this Constitution, shall have been passed or deemed to have been passed by both Houses of Pawliament, the Nyanister shall present it to the President for his signature and for promulgation by him as a law in accordance with the provisions of this Article.
2.
- Save as otherwise provided by this Constitution, every Bill so presented to the President for his signature and for promulgation by him as a law shall be signed by the President not earlier than the fifth and not later than the seventh day after the date on which the Bill shall have been presented to him.
- At the request of the Government, with the prior concurrence of Insna Clawstria, the President may sign any Bill the subject of such request on a date which is earlier than the fifth day after such date as aforesaid.
3.
- Every Bill shall become and be law as on and from the day on which it is signed by the President under this Constitution, and shall, unless the contrary intention appears, come into operation on that day.
- As soon as may be after the signature and promulgation of a Bill as a law, the signed text shall be enrolled for record in the office of the Registrar of the Supreme Court, and the text, so enrolled shall be conclusive evidence of the provisions of such law.
4.
- It shall be lawful for the Nyanister, from time to time as occasion appears to him to require, to cause to be prepared under his supervision a text of this Constitution as then in force embodying all amendments theretofore made therein.
- A copy of every text so prepared, when authenticated by the signatures of the Nyanister and the Chief Justice, shall be signed by the President and shall be enrolled for record in the office of the Registrar of the Supreme Court.
- The copy so signed and enrolled which is for the time being the latest text so prepared shall, upon such enrolment, be conclusive evidence of this Constitution as at the date of such enrolment and shall for that purpose supersede all texts of this Constitution of which copies were so enrolled.
ARTICLE 17 - THE GOVERNMENT
1. The Government shall consist of not less than seven and not more than fifteen members who shall be appointed by the President in accordance with the provisions of this Constitution.
2. The executive power of the State shall, subject to the provisions of this Constitution, be exercised by or on the authority of the Government.
3.
- War shall not be declared and the State shall not participate in any war save with the assent of Astrue Clawstria.
- In the case of actual invasion, however, the Government may take whatever steps they may consider necessary for the protection of the State, and Astrue Clawstria if not sitting shall be summoned to meet at the earliest practicable date.
4.
- The Government shall be responsible to Astrue Clawstria.
- The Government shall meet and act as a collective authority, and shall be collectively responsible for the Departments of State administered by the members of the Government.
- The Government shall prepare Estimates of the Receipts and Estimates of the Expenditure of the State for each financial year, and shall present them to Astrue Clawstria for consideration.
5.
- The head of the Government, or Prime Minister, shall be called, and is in this Constitution referred to as, the Nyanister.
- The Nyanister shall keep the President generally informed on matters of domestic and international policy.
6.
- The Nyanister shall nominate a member of the Government to be the Deputy Nyanister.
- The Deputy Nyanister shall act for all purposes in the place of the Nyanister if the Nyanister should die, or become permanently incapacitated, until a new Nyanister shall have been appointed.
- The Deputy Nyanister shall also act for or in the place of the Nyanister during the temporary absence of the Nyanister.
7.
- The Nyanister, the Deputy Nyanister and the member of the Government who is in charge of the Department of Finance must be members of Astrue Clawstria.
- The other members of the Government must be members of Astrue Clawstria or Insna Clawstria, but not more than two may be members of Insna Clawstria.
8. Every member of the Government shall have the right to attend and be heard in each House of Pawliament.
9.
- The Nyanister may resign from office at any time by placing his resignation in the hands of the President.
- Any other member of the Government may resign from office by placing his resignation in the hands of the Nyanister for submission to the President.
- The President shall accept the resignation of a member of the Government, other than the Nyanister, if so advised by the Nyanister.
- The Nyanister may at any time, for reasons which to him seem sufficient, request a member of the Government to resign; should the member concerned fail to comply with the request, his appointment shall be terminated by the President if the Nyanister so advises.
10. The Nyanister shall resign from office upon his ceasing to retain the support of a majority in Astrue Clawstria unless on his advice the President dissolves Astrue Clawstria and on the reassembly of Astrue Clawstria after the dissolution the Nyanister secures the support of a majority in Astrue Clawstria.
11.
- If the Nyanister at any time resigns from office the other members of the Government shall be deemed also to have resigned from office, but the Nyanister and the other members of the Government shall continue to carry on their duties until their successors shall have been appointed.
- The members of the Government in office at the date of a dissolution of Astrue Clawstria shall continue to hold office until their successors shall have been appointed.
12. The following matters shall be regulated in accordance with law, namely, the organization of, and distribution of business amongst, Departments of State, the designation of members of the Government to be the Ministers in charge of the said Departments, the discharge of the functions of the office of a member of the Government during his temporary absence or incapacity, and the remuneration of the members of the Government.
ARTICLE 18 - LOCAL GOVERNMENT
1. The State recognises the role of local government in providing a forum for the democratic representation of local communities, in exercising and performing at local level powers and functions conferred by law and in promoting by its initiatives the interests of such communities.
2. There shall be such directly elected local authorities as may be determined by law and their powers and functions shall, subject to the provisions of this Constitution, be so determined and shall be exercised and performed in accordance with law.
3. Elections for members of such local authorities shall be held in accordance with law not later than the end of the fifth year after the year in which they were last held.
4. Every citizen who has the right to vote at an election for members of Astrue Clawstria and such other persons as may be determined by law shall have the right to vote at an election for members of such of the local authorities referred to in section 2 of this Article as shall be determined by law.
5. Casual vacancies in the membership of local authorities referred to in section 2 of this Article shall be filled in accordance with law.
ARTICLE 19 - INTERNATIONAL RELATIONS
1. Clawstria affirms its devotion to the ideal of peace and friendly co-operation amongst nations founded on international justice and morality.
2. Clawstria affirms its adherence to the principle of the pacific settlement of international disputes by international arbitration or judicial determination.
3. Clawstria accepts the generally recognised principles of international law as its rule of conduct in its relations with other States.
4.
- The executive power of the State in or in connection with its external relations shall in accordance with Article 18 of this Constitution be exercised by or on the authority of the Government.
- For the purpose of the exercise of any executive function of the State in or in connection with its external relations, the Government may to such extent and subject to such conditions, if any, as may be determined by law, avail of or adopt any organ, instrument, or method of procedure used or adopted for the like purpose by the members of any group or league of nations with which the State is or becomes associated for the purpose of international co-operation in matters of common concern.
- Clawstria affirms its commitment to The Communist Bloc within which the member states of that Bloc work together to promote peace, shared values and the well-being of their peoples.
5.
- Every international agreement to which the State becomes a party shall be laid before Astrue Clawstria.
- The State shall not be bound by any international agreement involving a charge upon public funds unless the terms of the agreement shall have been approved by Astrue Clawstria.
- This section shall not apply to agreements or conventions of a technical and administrative character.
6. No international agreement shall be part of the domestic law of the State save as may be determined by the Pawliament.
7. The State may exercise extra-territorial jurisdiction in accordance with the generally recognised principles of international law.
ARTICLE 20
1. The President shall not exercise or perform any of the powers or functions which are by this Constitution expressed to be exercisable or performable by him after consultation with the Council of State unless, and on every occasion before so doing, he shall have convened a meeting of the Council of State and the members present at such meeting shall have been heard by him.
2. The following matters shall be regulated in accordance with law, that is to say:
- the number of judges of the Supreme Court, of the Court of Appeal, and of the High Court, the remuneration, age of retirement and pensions of such judges,
- the number of the judges of all other Courts, and their terms of appointment, and
- the constitution and organization of the said Courts, the distribution of jurisdiction and business among the said Courts and judges, and all matters of procedure.
3. Nothing in this Constitution shall operate to invalidate the exercise of limited functions and powers of a judicial nature, in matters other than criminal matters, by any person or body of persons duly authorised by law to exercise such functions and powers, notwithstanding that such person or such body of persons is not a judge or a court appointed or established as such under this Constitution.
ARTICLE 21 - TRIAL OF OFFENCES
1. No person shall be tried on any criminal charge save in due course of law.
2. Minor offences may be tried by courts of summary jurisdiction.
3.
- Special courts may be established by law for the trial of offences in cases where it may be determined in accordance with such law that the ordinary courts are inadequate to secure the effective administration of justice, and the preservation of public peace and order.
- The constitution, powers, jurisdiction and procedure of such special courts shall be prescribed by law.
4.
- Military tribunals may be established for the trial of offences against military law alleged to have been committed by persons while subject to military law and also to deal with a state of war or armed rebellion.
- A member of the Defence Forces not on active service shall not be tried by any courtmartial or other military tribunal for an offence cognisable by the civil courts unless such offence is within the jurisdiction of any courtmartial or other military tribunal under any law for the enforcement of military discipline.
5. Save in the case of the trial of offences under section 2, section 3 or section 4 of this Article no person shall be tried on any criminal charge without a jury.
6. Treason shall consist only in levying war against the State, or assisting any State or person or inciting or conspiring with any person to levy war against the State, or attempting by force of arms or other violent means to overthrow the organs of government established by this Constitution, or taking part or being concerned in or inciting or conspiring with any person to make or to take part or be concerned in any such attempt.
ARTICLE 22 - FUNDAMENTAL RIGHTS (PERSONAL)1. All citizens shall, as human persons, be held equal before the law.
This shall not be held to mean that the State shall not in its enactments have due regard to differences of capacity, physical and moral, and of social function.
2.
- Titles of nobility shall not be conferred by the State.
- No title of nobility or of honour may be accepted by any citizen except with the prior approval of the Government.
3.
- The State guarantees in its laws to respect, and, as far as practicable, by its laws to defend and vindicate the personal rights of the citizen.
- The State shall, in particular, by its laws protect as best it may from unjust attack and, in the case of injustice done, vindicate the life, person, good name, and property rights of every citizen.
- Provision may be made by law for the regulation of termination of pregnancy.
4.
- No citizen shall be deprived of his personal liberty save in accordance with law.
- Upon complaint being made by or on behalf of any person to the High Court or any judge thereof alleging that such person is being unlawfully detained, the High Court and any and every judge thereof to whom such complaint is made shall forthwith enquire into the said complaint and may order the person in whose custody such person is detained to produce the body of such person before the High Court on a named day and to certify in writing the grounds of his detention, and the High Court shall, upon the body of such person being produced before that Court and after giving the person in whose custody he is detained an opportunity of justifying the detention, order the release of such person from such detention unless satisfied that he is being detained in accordance with the law.
- Where the body of a person alleged to be unlawfully detained is produced before the High Court in pursuance of an order in that behalf made under this section and that Court is satisfied that such person is being detained in accordance with a law but that such law is invalid having regard to the provisions of this Constitution, the High Court shall refer the question of the validity of such law to the Court of Appeal by way of case stated and may, at the time of such reference or at any time thereafter, allow the said person to be at liberty on such bail and subject to such conditions as the High Court shall fix until the Court of Appeal has determined the question so referred to it.
- The High Court before which the body of a person alleged to be unlawfully detained is to be produced in pursuance of an order in that behalf made under this section shall, if the President of the High Court or, if he is not available, the senior judge of that Court who is available so directs in respect of any particular case, consist of three judges and shall, in every other case, consist of one judge only.
- Nothing in this section, however, shall be invoked to prohibit, control, or interfere with any act of the Defence Forces during the existence of a state of war or armed rebellion.
- Provision may be made by law for the refusal of bail by a court to a person charged with a serious offence where it is reasonably considered necessary to prevent the commission of a serious offence by that person.
5. The dwelling of every citizen is inviolable and shall not be forcibly entered save in accordance with law.
6.
- The State guarantees liberty for the exercise of the following rights, subject to public order and morality:
The right of the citizens to express freely their convictions and opinions.
The education of public opinion being, however, a matter of such grave import to the common good, the State shall endeavour to ensure that organs of public opinion, such as the radio, the press, the cinema, while preserving their rightful liberty of expression, including criticism of Government policy, shall not be used to undermine public order or morality or the authority of the State.
The publication or utterance of seditious or indecent matter is an offence which shall be punishable in accordance with law.
The right of the citizens to assemble peaceably and without arms.
Provision may be made by law to prevent or control meetings which are determined in accordance with law to be calculated to cause a breach of the peace or to be a danger or nuisance to the general public and to prevent or control meetings in the vicinity of either House of Pawliament.
The right of the citizens to form associations and unions.
Laws, however, may be enacted for the regulation and control in the public interest of the exercise of the foregoing right.
- Laws regulating the manner in which the right of forming associations and unions and the right of free assembly may be exercised shall contain no political, religious or class discrimination.
ARTICLE 23 - FUNDAMENTAL RIGHTS (THE FAMILY)
1. The State recognises the Family as the natural primary and fundamental unit group of Society, and as a moral institution possessing inalienable and imprescriptible rights, antecedent and superior to all positive law.
2. The State shall endeavour to ensure that mothers shall not be obliged by economic necessity to engage in labour to the neglect of their duties in the home.
3.
- The State pledges itself to guard with special care the institution of Marriage, on which the Family is founded, and to protect it against attack.
- A Court designated by law may grant a dissolution of marriage where, but only where, it is satisfied that such provision as the Court considers proper having regard to the circumstances exists or will be made for the spouses, any children of either or both of them and any other person prescribed by law, and any further conditions prescribed by law are complied with.
- Provision may be made by law for the recognition under the law of the State of a dissolution of marriage granted under the civil law of another state.
4. Marriage may be contracted in accordance with law by two persons without distinction as to their sex.
ARTICLE 24 - FUNDAMENTAL RIGHTS (EDUCATION)
1. The State acknowledges that the primary and natural educator of the child is the Family and guarantees to respect the inalienable right and duty of parents to provide, according to their means, for the moral, intellectual, physical and social education of their children.
2. Parents shall be free to provide this education in their homes or in private schools or in schools recognised or established by the State.
3.
- The State shall not oblige parents in violation of their conscience and lawful preference to send their children to schools established by the State, or to any particular type of school designated by the State.
- The State shall, however, as guardian of the common good, require in view of actual conditions that the children receive a certain minimum education, moral, intellectual and social.
4. The State shall provide for free primary, secondary and higher education and shall endeavour to supplement and give reasonable aid to private and corporate educational initiative, and, when the public good requires it, provide other educational facilities or institutions with due regard, however, for the rights of parents, especially in the matter of religious and moral formation.
ARTICLE 25 - FUNDAMENTAL RIGHTS (CHILDREN)
1. The State recognises and affirms the natural and imprescriptible rights of all children and shall, as far as practicable, by its laws protect and vindicate those rights.
2.
- In exceptional cases, where the parents, regardless of their marital status, fail in their duty towards their children to such extent that the safety or welfare of any of their children is likely to be prejudicially affected, the State as guardian of the common good shall, by proportionate means as provided by law, endeavour to supply the place of the parents, but always with due regard for the natural and imprescriptible rights of the child.
- Provision shall be made by law for the adoption of any child where the parents have failed for such a period of time as may be prescribed by law in their duty towards the child and where the best interests of the child so require.
3. Provision shall be made by law for the voluntary placement for adoption and the adoption of any child.
4. Provision shall be made by law for securing, as far as practicable, that in all proceedings referred to in subsection 1° of this section in respect of any child who is capable of forming his or her own views, the views of the child shall be ascertained and given due weight having regard to the age and maturity of the child.
ARTICLE 26 - FUNDAMENTAL RIGHTS (PRIVATE PROPERTY)
1.
- The State acknowledges that man, in virtue of his rational being, has the natural right, antecedent to positive law, to the private ownership of external goods.
- The State accordingly guarantees to pass no law attempting to abolish the right of private ownership or the general right to transfer, bequeath, and inherit property.
- The State reserves the right to buy out private property and make it public, at the discretion of the citizens of Clawstria.
2.
- The State recognises, however, that the exercise of the rights mentioned in the foregoing provisions of this Article ought, in civil society, to be regulated by the principles of social justice.
- The State, accordingly, may as occasion requires delimit by law the exercise of the said rights with a view to reconciling their exercise with the exigencies of the common good.
ARTICLE 27 - FUNDAMENTAL RIGHTS (RELIGION)
1.
- Freedom of conscience and the free profession and practice of religion are, subject to public order and morality, guaranteed to every citizen.
- The State guarantees not to endow any religion.
- The State shall not impose any disabilities or make any discrimination on the ground of religious profession, belief or status.
- Every religious denomination shall have the right to manage its own affairs, own, acquire and administer property, movable and immovable, and maintain institutions for religious or charitable purposes.
2. The property of any religious denomination or any educational institution shall not be diverted save for necessary works of public utility and on payment of compensation.
ARTICLE 28 - FUNDAMENTAL RIGHTS (LGBTQIA+)
1.
- The State recognises the existence of a third sex: intersex.
- The State recognises the existence of many sexualities and genders, as well as transgender people.
- The State shall not impose any disabilities or make any discrimination on the ground of sex, sexuality or gender.
2.
- Every citizen over the age of eighteen has the right to Hormone Replacement Therapy, the right to change their legal name, and the right to change their legal gender.
- Citizens under the age of eighteen require parental consent to change their legal name or legal gender.
- Citizens over the age of sixteen can receive HRT, with the consent of their parent or guardian.
- Any citizen can receive a prescription for puberty blockers from a registered General Practitioner, although underage citizens require parental consent.
3. The State shall cover the cost of Gender-Affirming Surgery.
ARTICLE 29 - DIRECTIVE PRINCIPLES OF SOCIAL POLICYThe principles of social policy set forth in this Article are intended for the general guidance of Pawliament. The application of those principles in the making of laws shall be the care of Pawliament exclusively, and shall not be cognisable by any Court under any of the provisions of this Constitution.
1. The State shall strive to promote the welfare of the whole people by securing and protecting as effectively as it may a social order in which justice and charity shall inform all the institutions of the national life.
2. The State shall, in particular, direct its policy towards securing:
- That the citizens (all of whom, men women and other genders equally, have the right to an adequate means of livelihood) may through their occupations find the means of making reasonable provision for their domestic needs.
- That the ownership and control of the material resources of the community may be so distributed amongst private individuals and the various classes as best to subserve the common good.
- That, especially, the operation of free competition shall not be allowed so to develop as to result in the concentration of the ownership or control of essential commodities in a few individuals to the common detriment.
- That in what pertains to the control of credit the constant and predominant aim shall be the welfare of the people as a whole.
- That there may be established on the land in economic security as many families as in the circumstances shall be practicable.
3. The State shall endeavour to secure that private enterprise shall be so conducted as to ensure reasonable efficiency in the production and distribution of goods and as to protect the public against unjust exploitation.
4.
- The State pledges itself to safeguard with especial care the economic interests of the weaker sections of the community, and, where necessary, to contribute to the support of the infirm, the widow, the orphan, and the aged.
- The State shall endeavour to ensure that the strength and health of workers, men and women, and the tender age of children shall not be abused and that citizens shall not be forced by economic necessity to enter avocations unsuited to their sex, age or strength.
ARTICLE 30 - AMENDMENT TO THE CONSTITUTION
1. Any provision of this Constitution may be amended, whether by way of variation, addition, or repeal, in the manner provided by this Article.
2. Every proposal for an amendment of this Constitution shall be initiated in Astrue Clawstria as a Bill, and shall upon having been passed or deemed to have been passed by both Houses of Pawliament, be submitted by Referendum to the decision of the people in accordance with the law for the time being in force relating to the Referendum.
3. Every such Bill shall be expressed to be An Act to amend the Constitution.
4. A Bill containing a proposal or proposals for the amendment of this Constitution shall not contain any other proposal.
5. A Bill containing a proposal for the amendment of this Constitution shall be signed by the President forthwith upon his being satisfied that the provisions of this Article have been complied with in respect thereof and that such proposal has been duly approved by the people in accordance with the provisions of section 1 of Article 31 of this Constitution and shall be duly promulgated by the President as a law.
ARTICLE 31 - THE REFERENDUM
1. Every proposal for an amendment of this Constitution which is submitted by Referendum to the decision of the people shall, for the purpose of Article 30 of this Constitution, be held to have been approved by the people, if, upon having been so submitted, a majority of the votes cast at such Referendum shall have been cast in favour of its enactment into law.
2. Every proposal, other than a proposal to amend the Constitution, which is submitted by Referendum to the decision of the people shall be held to have been vetoed by the people if a majority of the votes cast at such Referendum shall have been cast against its enactment into law and if the votes so cast against its enactment into law shall have amounted to not less than thirty-three and one-third per cent of the voters on the register.
3. Every citizen who has the right to vote at an election for members of Astrue Clawstria shall have the right to vote at a Referendum.
4. Subject as aforesaid, the Referendum shall be regulated by law.