Constitution Bill 2009

[JasonMckerra]

After months of discussion, drafting, consultation and improvement, I am proud to finally present this proposed new constitution to the Senate.

Constitution Act 2009

An act to establish a permanent legal basis for the governance of the Republic.

1. The Proclamation of the 23rd of July is superseded by this act.

2. Jason Mckerra shall continue to serve as provisional consul until an election is held.

3. An election must be held within three months of the passage of this act.

4. The following is the constitution of the Republic of Lavalon:

Constitution of the Republic of Lavalon

SECTION 1 – State Form

1. The Lavalonian micronation is forged by the expressed will of her citizens, and can never cease so long as a single person continues to hold Lavalon dear to their heart.

2. The sovereignty and legitimacy of the state is founded upon the expressed will of the Lavalonian people, it exists so long as it is desired by the Lavalonian people, and ceases if their support is withdrawn.

3. The Lavalonian micronation shall be organised as a republic.


SECTION 2 – Citizenship

1. Any person who identifies with the Lavalonian micronation, consents to the authority of this constitution and the authority of the laws and government established by this constitution, and who is accepted into our community by its existing members, shall be entitled to become a citizen.


SECTION 3 – Language

1. There is no official Lavalonian language.

2. The Republic aims to break down barriers between people by promoting multilingualism within the Lavalonian nation.


SECTION 3 – The Legislative Function

1. There shall be an Assembly of Citizens, which shall, subject to this Constitution, have power to make laws for the peace, order, and good government of the Republic.

3. The Assembly shall consist of all citizens, barring those who have been suspended as a result of a criminal action.  Decisions shall be made according to a majority vote of those who choose to exercise their rights as legislators.

4. The Assembly may determine the rules of its proceedings and punish members for disorderly conduct.


SECTION 4 – The Executive Function

1. The executive power of the Republic is vested in the Consul.

2. The Consul shall be directly elected by the citizens of the Republic for a twelve month term.

3. In the event that the Consul resigns or is removed from office, the Council of Elders shall appoint a replacement for the remainder of his term.

4. The Consul shall lead the Government, which shall consist of the Consul and such persons that the Consul might appoint to subordinate executive roles, subject to the approval of the assembly.

5. The Consul shall, from time to time report to the Assembly on the state the Republic.

6. The Consul shall be empowered to issue executive orders on any matter pertaining to the governance of the Republic and the upholding of this constitution and laws of the Republic.

7. No executive order may contradict this constitution, or any law or resolution adopted by the Assembly. The Assembly of Citizens and the Council of Elders may by simple majority, strike down any executive order.

8. The Government, under the leadership of the Consul, is empowered to:
a. Conduct foreign affairs and sign treaties consistent with the laws, constitution and foreign policy of the Republic.

b. Spend money as authorized by the Assembly.

c. process citizenship applications, and refer them to the Assembly for approval.

d. maintain the web presence of the Republic.

e. Undertake such measures that prove necessary to ensure good governance, and to uphold the laws and constitution of the Republic.


SECTION 5 – The Moderative Function

1. There shall be a Council of Elders charged with ensuring the continuity, integrity and freedom of the Republic.

2. The Council of Elders shall consist of the five most recent past First Ministers who do not currently hold a position within the Government and who are not currently prevented from serving in the Assembly.

3. The Council of Elders shall be empowered to veto Acts of the Assembly and Executive Orders that compromise the integrity of the Republic, are harmful to the future of the nation, violate this constitution, or violate the rights of the citizens of the Republic.

5. The Assembly can overturn a veto by the Council of Elders with the concurrence of three quarters of its members.


SECTION 6 – The Judicial Function

1. Disputes concerning the interpretation of this constitution or the laws of the Republic shall be heard by the High Court.

2. Criminal and civil cases shall be heard before the High Court, or such lower courts as are established by the Assembly.

3. Judges shall be appointed by the Consul, upon the consent of the Assembly of Citizens, as and when they are required. A judicial term in office extends for so long as the case or cases that required their appointment.

4. In issuing penalty for criminal conviction, the courts shall be empowered to issue a suspension of a citizens right to participate in the affairs of the Republic.


SECTION 7 – Taxation

1. The Republic of Lavalon may request contributions from citizens, but no compulsory taxation may be introduced.

2. Members of the government are encouraged to tithe a small amount to the Republic’s treasury on a monthly basis.

3. The Consul shall be required to tithe ten percent of their income to the Republic; no person may become consul who does not contribute at least ten dollars a month to the Republic’s treasury.

4. The Republic’s finances shall be held in Australian dollars, in a bank account to be operated in a manner determined by the Council of Elders.


SECTION 8 – Human Rights

1. No executive, legislative or judicial act may violate any person’s fundamental human rights as enunciated in the Universal Declaration of Human Rights 1948.

2. There is a right to sedition; the Republic may not restrict the right of any citizen to work for a non-violent, popularly approved change in the system of government.

3. There is a right to depart; no person may be compelled to remain a citizen of the Republic.


SECTION 9 – War

The Republic of Lavalon rejects the use of force as an instrument of state policy. Acts undertaken to prepare war or which foster warlike actions in others or which otherwise disturb the peaceful relations between nations are unconstitutional.


SECTION 10 – Amendments

This constitution may be amended by an Act of the Assembly, passed with at least sixty percent in support, and endorsed by the Council of Elders; or passed with at least seventy-five percent in support, regardless of endorsement by the Council of Elders.

I commend the bill to the house.

[Kraffe]

J'approuve totalement cette constitution.
I totally approve this constitution.

[Zachary Klaas]

I would like to propose a serious of amendments, highlighted in bold below:

After months of discussion, drafting, consultation and improvement, I am proud to finally present this proposed new constitution to the Senate.

SECTION 3 – Language

1. There is no official Lavalonian language.

2.  The constructed language of Setowu has official status as a cultural product of Lavalon and may be used in certain official capacities, to be defined by further legislation.

3. The Republic aims to break down barriers between people by promoting multilingualism within the Lavalonian nation.


SECTION 4 – The Legislative Function

1. There shall be an Assembly of Citizens, which shall, subject to this Constitution, have power to make laws for the peace, order, and good government of the Republic.

2. The Assembly shall consist of all citizens, barring those who have been suspended as a result of a criminal action.  Decisions shall be made according to a majority vote of those who choose to exercise their rights as legislators.

3. The Assembly may determine the rules of its proceedings and punish members for disorderly conduct.


SECTION 5 – The Executive Function

4. The Consul shall lead the Government, which shall consist of the Consul and such persons that the Consul might appoint to subordinate executive roles, including the First Minister, subject to the approval of the assembly.


SECTION 6 – The Moderative Function

1. There shall be a Council of Elders charged with ensuring the continuity, integrity and freedom of the Republic.

2. The Council of Elders shall consist of persons appointed by the Consul who are not currently serving in a role in the Government and who are not currently prevented from serving in the Assembly.

3. The Council of Elders shall be empowered to veto Acts of the Assembly and Executive Orders that compromise the integrity of the Republic, are harmful to the future of the nation, violate this constitution, or violate the rights of the citizens of the Republic.

4. The Assembly can overturn a veto by the Council of Elders with the concurrence of at least sixty percent of its members.


SECTION 7 – The Judicial Function


SECTION 8 – Taxation

1. The Republic of Lavalon may request contributions from citizens, but no compulsory taxation may be introduced.

2. Members of the government are encouraged to tithe a small amount to the Republic’s treasury on a monthly basis.

3. The Consul shall be required to tithe ten Australian dollars a month to the Republic; no person may become consul who does not contribute at least ten Australian dollars a month to the Republic’s treasury.

4. The Republic’s finances shall be held in Australian dollars, in a bank account to be operated in a manner determined by the Council of Elders.


SECTION 9 – Human Rights

1. No executive, legislative or judicial act may violate any person’s fundamental human rights as enunciated in the Universal Declaration of Human Rights 1948.

2. There is a right to non-violent, democratic sedition; the Republic may not restrict the right of any citizen to work for a non-violent, popularly approved change in the system of government.

3. There is a right to depart; no person may be compelled to remain a citizen of the Republic.


SECTION 10 – War

The Republic of Lavalon rejects the use of force as an instrument of state policy. Acts undertaken to prepare war or which foster warlike actions in others or which otherwise disturb the peaceful relations between nations are unconstitutional.


SECTION 11 – Amendments

This constitution may be amended by an Act of the Assembly, passed with at least sixty percent in support, and endorsed by the Council of Elders; or passed with at least seventy-five percent in support, regardless of endorsement by the Council of Elders.

[JasonMckerra]

Note on process:

Now that Mr Klaas has proposed an amendment, we debate and then vote on the amendments, before returning to the debate on the bill as a whole.

The debate period on an amendment is three days, followed by a two day period to vote.  Make sure you have your say.

[JasonMckerra]

A question for Mr Klaas, in your changes to section 5 (the executive function) are you proposing that the other articles in Section five (which you have omitted) be deleted from the bill?

[Zachary Klaas]

No, the only proposed changes are the bolded items.  If I didn't show something in my quote, I meant I was leaving those sections alone.

[Gottingen]

Minister Klass,

I'm trying to understand the point of Section 3, point 2?

2.  The constructed language of Setowu has official status as a cultural product of Lavalon and may be used in certain official capacities, to be defined by further legislation.

This seems completely redundant when you consider the original text states "...promoting multilingualism..." which would, theoretically, contain Setowu or any other language.  In fact, your clause stands in opposition to the multilingual goal in that you propose to enshrine a specific language, at least in some small measure and no other languages get such treatment.

As this amendment is written I do not see why anyone would support it.

Gottingen

[Gottingen]

Mr. Chair,

I move that each of Mr Klaas's amendments be considered individually and in order of proposition.

Gottingen

[JasonMckerra]

Thank you for your motion Mr Braden.

If Mr Braden's motion is carried we will consider and vote on each part of Mr Klaas's amendment as an individual amendment.

I call a vote on the motion, members have twenty four hours to vote to APPROVE or DECLINE Mr Braden's motion.

[Gottingen]

APPROVE

[JasonMckerra]

APPROVE

[Zachary Klaas]

Point of information?  The motion is to consider the amendments individually?  If that's the motion, I APPROVE.

I would like to discuss the reason I put the line item in about Setowu, though, so as I understand it, we are not yet voting on that specific amendment, just on whether each amendment is to be considered individually...

[Zachary Klaas]

Also, presuming I do have the motion correct, to save time, I'd like to post my reasoning for the changes, so that if we do consider each of these as individual amendments, you'll understand my arguments for each change I made:

The section on language:  My intention here is not to enshrine Setowu as "the national language of Lavalon".  I am in favor of Lavalon having no official language.  I had hoped it would be understood that I was distinguishing here between an "official language" and an "official cultural product of Lavalon".  The use of this language is not mandatory and can be safely ignored by any citizen wishing to ignore it.  I'd just prefer that the Constitution encourage people to notice that the language exists.  Beyond that people can decide to use it or not use it as they like.  I consider the language my main contribution, so I'd just like to see it mentioned.  I have nothing against the multilingual character of the republic.

The section on the Assembly:  This was just clarifying what I took the original intent of the section to be.  I just thought the idea was not expressed clearly and rewrote it so it was.

The section on the Executive:  I capitalized Government and added a reference to the First Minister because I wanted to ensure that it is clear that the Consul, the First Minister and all other Ministers are in this identifiable entity which can be referred to by that name of "the Government", and that the Government, therefore, does not include the Assembly...that's another body in the government (small "g"), but distinct from the Government (large "G").  Also, because the First Minister is mentioned later in the Constitution, we have to specify that the Consul creates this office somewhere.

The section on the Moderative Function:  I think the composition of the Council of Elders as being the "five most recent First Ministers" is just too unrealistic, especially now when there hasn't even been one First Minister yet.  Will there be no Council until there have been five elections?  I think it's much more realistic to let the Consul determine who's on the Council, as the Consul is also an elective post, and because the financial requirement for election is some guarantee that the Consul will take Lavalon's best interests into account.

The section on majorities to overturn Council of Elders decisions:  I think these should be lower.  Sixty percent is high enough...it's more than 50% + 1, but not so high that the Council will just run rampant over popular democracy.

The section on taxation:  The requirement as stated in the original is that no one can become Consul unless they pay 10 dollars per month (Australian dollars because of the requirement stated in the next line about the banking institution of the republic) to the treasury.  Unless that figure constitutes 10% of someone's income, the section is inconsistent as currently worded.  If the minimum requirement is paying in 10 Australian dollars per day, then a higher requirement cannot be instituted.

The section on sedition:  I realize the reason for the use of the word "sedition" is to make it clear Lavalon values people taking radical action to resist state power they believe to be unjust.  But there are violent and undemocratic forms of sedition, and the clear intent of the rest of this section as currently written is to encourage only that kind of sedition which is non-violent and democratic.  I think the words clarifying this must be inserted.

The section on war:  I'm not a pacifist according to the normal definition of that term (someone who could never imagine a circumstance in which war is a reasonable course of action).  I do think of myself as a pacifist according to the idea that someone who believes in peace should do his best to take steps to promote the world becoming a more non-violent place.  Most times, in my view, that involves pursuing non-violence directly...Gandhi-style.  In some cases, however, that can involve an armed struggle resisting those who are violent...more Mandela-style.  Also, nations have a responsibility under the 1948 Genocide Convention to intervene to prevent genocide.  To put it succinctly, I'm all for a public commitment to peace in the constitution, but I don't think renouncing war completely as an instrument of policy always leads to the peace being sought.

The section on amendments:  Again, I think we've set the bar way too high here.  I think setting the bar for changing the constitution at 60% is reasonable, and for overriding opposition by the Council of Elders at 75% is reasonable.  Decisions will not be taken lightly, but only when there is consensus, and it will be clear that even the opposition of the "elites" of Lavalon can be overriden if there is sufficient consensus in the population.

[JasonMckerra]

We shall now consider the first of Mr Klaas's proposed amendments:

2.  The constructed language of Setowu has official status as a cultural product of Lavalon and may be used in certain official capacities, to be defined by further legislation.

I move that this amendment be put to a vote.

If there are no objections to this motion in the next 24 hours, we shall begin voting on Mr Klaas's first amendment.

[JasonMckerra]

I now call the first amendment to a vote.

2.  The constructed language of Setowu has official status as a cultural product of Lavalon and may be used in certain official capacities, to be defined by further legislation.

If you would like the proposed constitution to be amended to include this amendment, vote to APPROVE. Otherwise vote to DECLINE.

Voting is open for two days.