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Preamble
In a dedicated and
energetic pursuit of a more perfect society, we the people of the Republic
of Mars do hereby establish this government founded on the principles of individual
equality and liberty and social justice. With this constitution we establish
the foundations for a democratic, peaceful and open society in which government
is based on the will of the people, and further, we declare our intent to
promote the improvement of the general welfare of all humanity.
Section 1 [Definitions]
All references to "The Republic" shall mean The Republic of Mars
unless provided for otherwise.
All references to time (months, years, hours etc.) shall mean Terran equivalent
time.
All references to "citizens" shall mean citizens of Mars as provided
for in the constitution. They are individuals of an age not less than 15 years.
All references to “voting“ shall mean voting as proscribed for in this
constitution.
All references to "Inactivity" shall mean a lack of interaction with
the governmental, judicial or legislative institutions of the Republic of Mars.
This may mean a failure to vote, to respond to official emails or to perform
constitutional functions.
Section
2 [The Constitution]
1.This constitution creates the separate and distinct institutions within the
Republic of Mars of:
Parliament (Legislature), President (Executive) and Judiciary.
2. Each is to operate independently of the other to provide for a system of
checks and balances in the exercise of power.
3. Legislation, regulations and by-laws are passed and given legal effect upon
receiving the stipulated majority of votes in the Parliament, followed by
the assent of the President.
4. A Bench of not less than 3 members of the Supreme Court may rule on the
constitutional validity or otherwise of any such laws.
Chapter I Parliament
Section 3
All 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
Parliament may, with the support of a 2/3 majority of those voting for a Special
Resolution, impeach the President on grounds of proven 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. 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
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. Such grounds
for dissolution shall be scrutinized, for acceptance or rejection, by a Bench of
not less that 3 Members of the Supreme Court.
Section 8
Parliament shall sit for a 6 -month 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 Speaker shall inform the Electoral
Commission of such Vacancy, and the reasons thereof.
The vacant seat shall be filled within 30 days according to the protocols
and procedures established by parliament for this purpose. Resignation occurs
upon notification to the Prime Minister or 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.
2. If the inactivity of the Speaker or the Prime Minister is at issue any Member
of the Legislative Council can request the President to order, by Executive
Proclamation, that both the seat and the office be declared vacant.
Section 11
Unless Parliament otherwise provides, the participation of at least one-third
of the number of its 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 Maybe removed from office by a simple majority of those voting.
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 6-month 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 2.4 above)
Section 17
The President is restricted to two consecutive terms in office. The number of
non-consecutive terms is unlimited.
Section 18
The President cannot formulate legislation but only assent to or veto Bills
passed by Parliament and put before him/her.
Section 19
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 20
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 21
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 2.4)
Section 22
Justices of the Supreme Court
1. Are first elected by Parliament, with each candidate requiring a majority of
2/3 of those voting. The candidate’s names are then put forward to the
citizens who may vote for or against each candidate’s appointment.
2. 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 and Parliament has declared the names
of the duly appointed Justices.
3. The candidate receiving the greatest number of citizens’ votes shall become
the Chief Justice.
4. A new Bench of the Supreme Court
does not become active until the citizens have accepted all candidates. Until
then, the previous Justices continue to serve. In the event of a resignation,
the position must be filled as soon as possible in the above manner. The Supreme
Court may not pass any verdicts during this time.
Section 23
Justices of the Supreme Court
1 Shall not be removed except by Parliament, with a 2/3 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 one-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 24
Those three members of the Supreme Court who receive the most voter support will
also constitute the Electoral Commission. For the initial election the Electoral
Commission shall consist of three Supreme Court candidates as decided by the
Provisional Administrator.
Section 25
Elections for the President and Parliament must occur no more than 3 weeks after
dissolution, with the results for the Presidential election being announced
before those of the Parliamentary election.
Section 26
There are to be ten (10) members of the 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 27
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 candidate with the higher
primary vote wins.
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 28
A Member of Parliament may not hold the office of President and vice versa. Nor
may a candidate run for both positions.
Section 29
A Member of the Supreme Court may not hold any other constitutional position and
vice versa. Nor may s/he run for such a position whilst still in office.
Chapter V Constitutional Amendment
Section 30
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 within 30 days of such
Presidential assent
2.If a simple majority of all the citizens voting approve the Constitutional
Amendment Act it shall be presented to the Supreme Court for review and approval
by simple majority of all sitting Justices before being submitted once more to
the President for final assent.
Chapter VI Bill of Rights
Article 1
All persons are free and equal with respect to dignity, rights, status and
protection before the law. Only laws of general application that are necessary,
reasonable and justifiable may limit any of the rights below.
Article 2
All persons are entitled to all rights and freedoms set forth in this
declaration without unjust discrimination of any kind.
Article 3
All persons have the right to life, liberty and the security of person.
Article 4
No person shall be subjected to torture or to cruel, inhuman or degrading
treatment or punishment
Article 5
No person shall be subjected to arbitrary arrest, detention, exile or the search
and/or seizure of their private property.
Article 6
Every person is entitled to a fair and public trial by an independent and
impartial tribunal. Everyone charged with a criminal offense has the right to be
presumed innocent until proven guilty under the law and according to due
process. Everyone has the right to legal counsel and a timely trial.
Article 7
Every person has the right to freedom of movement, speech, expression,
association, and peaceful assembly, demonstration or petition, as well as
freedom of conscience and political, religious and/or other beliefs.
Article 8
Every person has the right to free and equal access to a safe environment and to
health care and education.
Article 9
Every person has the right to work and the free choice of employment with just
and favorable work conditions. All citizens have the right to equal pay for
equal work. Everyone has the right to form and to join trade unions or other
collective bargaining organizations.
Article 10
Every person has the right to rest and leisure, including reasonable limitation
of working hours, and periodic holidays with pay.
Article 11
Every person has the right to use the language, and to participate in the social
and cultural life, of her or his choice.