Constitution of the Republic of
Veshault.
The People of the Republic of Veshault, pursuing the goals spelled out in this
Constitution, and in Order to form a more perfect Union, establish Justice, insure
domestic Tranquility, provide for the common defense, promote the general
Welfare, and secure the Blessings of Liberty to ourselves and our Posterity,
hereby establish the Republic Of Veshault.
Chapter I Republic
Definition
Article 1 Republic People
(Citizenship, Language)
(1) Citizens of the Republic are all humans who are children of a citizen of
the Republic, who are born in the Territory of the Republic, or who are
naturalized.
(2) The official language in the Republic is English.
Article 2 Republic Form
(1) This Republic is a secular, sovereign, and democratic republic. All
entities of the Republic must yield to these principles.
(2) This Constitution is the supreme law of the land; it is directly binding on
all Republic authority. The general rules of public international law
constitute an integral, inviolable part of the national law.
Article 3 Republic
Symbols, Capital
(1) The Republic has National Colors (red, white, and blue), a Republic Flag, a
National Seal (Scales of Justice [equality]), as well as a National Anthem.
(2) The Republic Name means “We Shall.”
(3) The Republic Motto is "Liberty, Justice, Equality, Solidarity."
(4) The Capital of the Republic Of Veshault is on located on Nubble Island in
Yarmouth Nova Scotia, Canada.
Chapter II Republic
Objectives
Article 1 General
Constitutional Objectives
(1) The Republic promotes justice and universal protection of human rights as
individual rights. The Republic encourages fraternity among its citizens by
establishing solidarity, general welfare, and national unity.
(2) The Republic acknowledges the right of the People to national autonomy and
self-determination, and the right of minorities to group autonomy.
(3) The Republic Promotes:
(a) public health care;
(b) education and schooling;
(c) schemes for social welfare;
(d) preservation and development of culture;
(e) preservation and maintenance of historical objects;
(f) environmental protection, intergenerational equity, and the protection of
nature for its intrinsic value including the protection of nature's right;
(g) natural and social sciences.
Article 2 Republic
Security
(1) The Republic promotes worldwide peace. Acts undertaken to prepare war or to
otherwise disturb the peaceful relations between nations are unconstitutional.
Acts of War, Terrorism, or Invasion upon the Republic will be met with equal
retaliatory actions.
(2) The Republic takes adequate measures to preserve its integrity even in the
Republic, of war or civil war.
(3) The Republic protects the People against terrorism, extremism, and
catastrophes.
Chapter III Republic
Organization
Part I General
Organization
Article 1 Elections
(1) Absent of special provisions, elections are universal, direct, free, equal,
and secret.
(2) Elections are always free and equal. Citizens must be over eighteen years
of age to vote in any Election.
(3) Elections are always secret if a person eligible to vote or be elected so
demands.
(4) Elected representatives are only bound by their conscience. They are
servants of all, not only of their constituents.
Article 2 Organizational
Principles
(1) The Republic separates executive, legislative, and adjudicative powers.
Offices in different powers are incompatible with each other (horizontal
incompatibility). Offices in national entities are incompatible with any public
office on a lower level (vertical incompatibility) and with any other salaried
office, private or public (economic incompatibility). Political offices are
incompatible with active duty in the armed forces (military incompatibility).
(2) The Republic acknowledges national, regional, and local autonomy.
(3) Autonomy is bound to the principle of democratic organization.
Article 3
Decentralization, Mutual Assistance
(1) Republic powers belong to the Regions if not assigned to the national
entities by this Constitution.
(2) The Regions are bound to convey powers to the Communes if adequate use of
those powers is possible on the local level (self-government).
(3) All powers of the Republic have to render each other legal and administrative
assistance.
Article 4 National
Powers
(1) Republic powers belong to the national entities for the following subject
matters:
a) Republic defense,
b) foreign relations,
c) economic regulations,
d) infrastructure and traffic,
e) taxation,
f) solidarity systems,
g) private, criminal, and procedural law,
h) educational and other standards,
i) and all other subject matters which by their very nature or as a corollary
to the subjects listed have to be centralized on the national level.
(2) The Republic may give up sovereign powers to international or supranational
bodies, including systems of mutual collective security and trade
organizations, as long as it retains an adequate representation in those bodies
and those bodies guarantee sufficient legal protection for the Citizens.
Part II Representation
of the Republic
Article 1 Head of the
Republic Of Veshault
(1) The President is the head of the Republic. He or she has the right of
pardon, to conduct foreign affairs, and to all other representative functions
of the Republic.
(2) The President and Vice-President are elected by the Citizens of the
Republic every 4 years.
(3) Every resident citizen with the right to vote who has attained the age of
thirty is eligible for the office of President or Vice-President.
(4) Before taking office, President and Vice-Presidents take the following Oath
or Affirmation: "I do solemnly swear (or affirm) that I will faithfully
execute this office, honoring and protecting the Constitution of the Republic
of Veshault."
(5) The President shall not be held accountable for actions performed in the
exercise of his office except in the case of high treason, may be indicted only
by the National Congress, and shall be tried only by the Supreme Court.
(6) The maximum term of
Presidential Office is 20 Years.
(7) The President and
Vice-President shall receive adequate remuneration. The amount cannot be
changed once office is taken.
Part III Executive Power
Article 1 National
Government and the Office of The President
(1) The executive power of the Republic is vested in the National Government.
It includes diplomatic affairs.
(2) The President is the head of the National Government. The President freely
chooses the National Ministers.
(3) The President is Commander in Chief of the Armed Forces.
Article 2 Impeachment
An impeachment of the President by the National Congress takes the form of a
moving the existing Vice-President to the Position of President who will then
serve until the current Presidential term expires.
Article 3 Regional Equalization
of Finances
The Republic provides for an overall equalization of finances, giving due
consideration to the regions' respective debts, burdens, economic power, and
infrastructure responsibilities.
Part IV Legislative
Power
Article 1 National Congress
(1) The legislative power is vested in the National Congress.
(2) Members of the National Congress are residents publicly elected by the
People. Each region elects among its residents in proportion to its share of
citizens eligible to vote. Their office ends after a four-year term or when
they lose their electoral rights.
(3) Everyone eligible to vote has recourse to the Supreme Court for scrutiny of
the elections.
(4) The National Congress draws up its own rules of procedures and elects a
Speaker of The House. (Person whom reads the vote tally and addresses the
Congress on issues)
(5) Decisions of the
National Congress require a majority of the votes cast (simple majority)
un-less this Constitution provides otherwise.
Article 2 Rights of
Members of Congress
(1) Members of Congress are
only bound by their conscience.
(2) Members of Congress may not be subjected to court proceedings or
disciplinary action for a vote cast or a statement made by them in the National
Congress or in any of its committees (Indemnity).
(3) Members of Congress may not be called to account or be arrested except by
permission of the National Congress (Immunity).
(4) Members of Congress are entitled to adequate remuneration ensuring their
independence. The remuneration may not be altered for the present term.
Article 3 National
Ministers
(1) National Ministers are
appointed by the President with revocation ability.
(2) The National Ministers
shall control “Departments” as listed below and will be in-charge of each.
(3) All National Ministers
can be given orders by the President and must fulfill them without hesitation.
(4) National Ministers can
advise the President in the performance of his duties.
Department Of Defense
Department Of Homeland
Security
Department Of the
Treasury
Department Of Diplomatic
Relations
Department Of Health and
Human Services
Department Of Labor
Article 4 Rights of
National Ministers
(1) National Ministers are only bound by their conscience.
(2) National Ministers may not be called to account or be arrested except by
permission of the National Congress (Immunity).
(3) National Ministers are entitled to adequate remuneration ensuring their
independence. The remuneration may not be altered for the present term.
Article 5 Lawmaking
Process
(1) Bills can be introduced only by the Members of Congress or by one percent
of the citizens (Public Initiative). Bills can specify the additional
requirement of a public referendum after they have been voted upon.
(2) The Regional Council has to be informed immediately of any bill introduced.
Members of the Regional Council have the right to be heard during sessions
according to the same rules as govern the participation of Members of Congress.
(3) Laws altering this Constitution require two thirds of the votes cast
(qualified majority), at least the votes of a majority of the Members of
Congress (absolute majority). All laws are void if they are unconstitutional.
(4) Laws have to specify their effective date. They are countersigned without
scrutiny by the Congress Speaker of the House and promulgated in the Official
National Publication.
(5) Bills can be submitted to a referendum if provided by congressional
decision or as part of the initiative.
Article 5 Budget
(1) The bill for the yearly
budget law is introduced by the President.
(2) Budget laws are not subjected to referendums.
(3) The Department of The
Treasurer will oversea the Republics budget to insure monies is spent
accordingly.
Article 6 Treaties
(1) The President is authorized to sign treaties with other Republics and
nations.
(2) The legislative power of the National Congress includes the power to ratify
treaties with other Republics.
(3) Treaties not ratified within six months have to be revoked by the
President.
Article 7 Treason
(1) Treason against the Republic, shall consist only in levying War against
them, or, in adhering to their Enemies, giving them Aid and Comfort. No Person
shall be convicted of Treason unless on the Testimony of two Witnesses to the
same overt Act, or on Confession in open Court.
(2) The National Congress shall have Power to declare the Punishment of
Treason, but no Attainder of Treason shall work Corruption of Blood, or
Forfeiture except during the Life of the Person attainted.
Article 8 National
Ordinances
(1) Laws may empower National Ministers to adopt National Ordinances regarding
a specified subject matter.
(2) National Ordinances do not require ratification by Congress.
Article 9 Emergency
Actions
(1) In cases of grave and immediate threat to the existence of the Republic;
the President may take necessary measures of defense.
(2) All emergency measures must be confirmed or revoked by Congress at the
earliest time possible. The President is bound by Congressional decisions.
Article 10 Ombudsman
(1) The Congressional Ombudsman safeguards fundamental rights and liberties and
controls the compliance of all Republic powers with the provisions of this
Constitution.
Part V Adjudicative
Power
Article 1 Independent
Courts
(1) The adjudicative power is vested in independent courts.
(2) Judges are citizens elected by the Congress. They are independent. Their
office ends at time of retirement or when they lose their electoral rights.
Article 2 Supreme Court
(1) The Supreme Court decides issues involving this Constitution. In
particular, the Supreme Court has jurisdiction over:
a) disputes between Republic entities concerning their respective rights and
duties under this Constitution;
b) challenges of a national or regional entity, a Court in the course of its
determination, or a third of the Members of Congress against the
constitutionality of a law;
c) claims of individuals regarding violations of their constitutional rights;
d) popular complaints about the violation of fundamental rights;
e) challenges of an act of a Republic power by the Ombudsman;
f) cases on appeal from National Courts as the Supreme Court deems necessary to
review;
g) all other cases assigned to its jurisdiction by law.
(2) Decisions of the Supreme Court are directly binding for all entities of the
Republic.
(3) The office of a Supreme Court Justice does not exceed a period of 20 years.
Justice(s) can be appointed by the President.
Article 3 National
Courts
(1) National courts have supreme jurisdiction over review and other matters
assigned to it by law.
(2) Separate National courts shall be established for private law, penal law,
and general public law.
(3) The Supreme Court decides by extraordinary review in cases of inconsistent
application of the law by different National courts.
Chapter IV Fundamental
Rights
Part I General
Provisions
Article 1 Human Rights
(1) The Republic acknowledges liberty and equality of all humans.
(2) Human dignity must be respected in any case.
(3) Everyone is free to do or not to do whatever he or she chooses. Everyone is
responsible for acts freely chosen.
(4) Rights of Person(s) in Police or Constable custody shall be hindered
slightly as to prevent injury to themselves or others or to prevent further
acts of crime. The will be detained in a secure facility until the Courts of
the Republic (National or Local) may review there violations of laws and decide
in which matter to offer rehabilitation.
(5) Slavery or control of another human being is illegal (except for persons in
custody for criminal acts.)
Article 2 Applicability
(1) Fundamental rights apply to natural persons, domestic and foreign, who are
assigned these rights. They apply to legal persons, domestic and foreign,
where, and to the extent that, the nature of the rights permits.
(2) Fundamental rights are inviolable and inalienable. They include the freedom
not to make use of them (negative freedom). Their exercise may, in single
instances, be waved by free and responsible declaration of the right-holder,
but such declaration is never binding for future instances.
Part II Liberties and
Property
Section I Integrity
Article 1 Personal
Integrity
(1) Everyone has the right to life and bodily integrity.
(2) Everyone has the right to remain free (personal freedom), provided they
have not been adjudged a criminal.
(3) All citizens are free to reside anywhere in, move throughout, enter, and
leave the Territory.
Article 2 Property
Integrity and Related Rights
(1) Everyone has the right to acquire, own, possess, exclusively use, and
convey private property.
(2) Everyone has a right to
keep and bear arms. (Except for criminals who cause violent acts)
(3) Property may not be
taken without due compensation.
Article 3 Right to
Testify and Inherit
(1) Everyone has the right to testify and inherit.
Section II Religious
Freedom
Article 1 Freedom of
Religion and Belief
(1) Everyone has the right to choose and practice his or her religion, creed,
conscience, faith, confession, and belief.
(2) Everyone can refuse to give religious instructions.
(3) Everyone can, on the basis of conscience, refuse to serve in armed forces.
Section III Freedom of
Communication
Article 1 Freedom of
Expression and Information
(1) Everyone has the right to freely express and disseminate his or her
opinions.
(2) The Freedom of the press and other media is guaranteed.
(3) Everyone has the right to freely retrieve information from publicly
available sources.
(4) Censorship is abolished.
Article 2 Right to
Assemble and Associate
(1) Everyone has the right to peacefully assemble.
(2) Everyone has the right to associate with others. This includes association
in political parties.
(3) Every adult has the right to marry one partner.
Article 3 Right to
Privacy
(1) Everyone has the right to privacy.
(2) The home is inviolable unless proper court documents are presented.
(3) The privacy of letters as well as the secrecy of mail and telecommunication
is inviolable unless proper court documents are presented.
Section IV Freedom of
Profession and Activities
Article 1 Freedom of
Profession
(1) All citizens have the right to freely choose their occupation, their place
of work, and their place of study or training.
(2) Professions that are deemed illegal are selling of drugs without a license,
gun transportation or use without a license, or any other activity that may
cause health problems with other citizens of the Republic.
Article 2 Freedom of
Research, Science, and Teaching
(1) Everyone has the right to research and conduct science.
(2) Everyone has the right to perform arts.
(3) Everyone has the right to teach and to found private schools.
Section V Political
Rights
Article 1 Electoral
Rights
(1) All resident adults above the age of 18 have the equal right to vote and to
be elected. In national elections, only citizens have this right.
(2) There is no compulsory voting.
(3) Anyone who has attained the age of eighteen years is an adult and shall be
treated as such.
Article 2 Right to
Petition
Everyone has the right to address written petitions to the competent agencies,
to governments, and to the Congress.
Article 3 Freedom of
Citizenship
(1) Citizens can at any time give up their citizenship.
(2) Citizens may at no time
be forced to give up their citizenship, except upon acts against the Republic
or its Government.
Article 4 Right to Found
Political Parties
(1) Everyone has the right to found political parties respecting the principles
of secularity, sovereignty, and democracy.
(2) Everyone is free to carry on political activities in or with such parties.
Section VI Other
Liberties
Article 1 Freedom of
Procreation and Childrearing
(1) Everyone has the right to procreation.
(2) Parents have the right to bringing up and educating their children. They
have the right to decide about their children's participation in religious
instructions.
Part III Equality
Article 1 Equality
(1) All humans are equal before the law (general equality).
(2) Matrimonial equality and legitimacy equality are guaranteed.
(3) All citizens are equally eligible for public office according to their
professional aptitude.
Article 2 Prohibition of
Discrimination and Privileges
(1) No person may be discriminated against or privileged on the basis of sex,
gender, origin, race, language, origin, parentage, creed, faith, or nobility.
(2) Measures for the advancement of persons are admissible to remedy past
discrimination (affirmative action).
Article 3 Abolishment of
Nobility
No title of nobility is granted by the Republic. Titles of nobility are no
longer part of the family name.
Part IV Right to
Protection
Article 1 Special
Protection
(1) Protection of human dignity is a duty of the Republic.
(2) The institution of marriage has the special protection of the Republic.
(3) Families, mothers, and minors have the special protection of the Republic.
(4) Everyone persecuted on political grounds has the right to asylum.
Part V Welfare Rights
Article 1 Special
Support
(1) Everyone has the right to livelihood, health care, shelter, and education.
(2) Mothers have the special support of the Republic.
Part VI Procedural
Rights
Article 1 Access to
courts
(1) Everyone has free recourse to the courts.
(2) Everyone has the right to a constitutional judge. Extraordinary courts are not
allowed.
(3) Persons and groups have recourse to the court acting for other
right-holders not being in a position to seek relief in their own name (third
party standing).
Article 2 Fair Trial
(1) Everyone has the right to a fair trial. Evidence obtained illegally is
inadmissible. Everyone has the right of access to all Republic information
required for the exercise or protection of any of his or her rights (file
access).
(2) Everyone has the right to trial by jury.
(3) No one may be deprived of life, liberty, or property without due process of
law.
(4) No law shall be passed stipulating regulations of the past without due
compensation for all losses (ex post facto law).
Article 3 Criminal
Justice
(1) No act may be punished unless it constituted a criminal offence under the
law before having been committed (nulla poena sine lege). No one may be
punished for the same act more than once (double jeopardy).
(2) Only judges may indict or subpoena persons or issue warrants for arrest,
search, or seizure.
(3) Everyone accused or arrested enjoys the right
(a) to a speedy and public trial,
(b) to be presumed innocent until proven guilty,
(c) not to be a witness against himself,
(d) promptly to be informed about the reason of accusation or detention and
about the right to be silent (Miranda rights),
(e) to counsel for defense,
(f) to communicate with next-of-kin, partner, and legal, medical, and religious
counselor,
(g) to be released no later than 72 hours after the arrest if not further
detained after court hearing, and
(h) to redress in case of false imprisonment.
Article 4 Prohibition of
Extradition
No citizen may be extradited to any foreign country.
Chapter V Individual
Restrictions
Part I General
Provisions
Article 1 Admissible
Restrictions
(1) The Republic can apply restrictions on individual rights only for the
purpose of protecting individual rights of other persons or furthering other
Republic interests explicitly mentioned in this Constitution (constitutional
interest).
(2) Any restriction on individual rights must be competent and narrowly
tailored to further the constitutional interest. Such restriction must be an
adequate means to achieve the purpose of furthering the constitutional
interest. In no case may the essence of a fundamental right be infringed.
(3) Any restriction must apply generally and not solely to an individual case.
Article 2 Special
Restrictions
(1) Possession and use of drugs resulting in strong and imminent danger for the
general public is prohibited.
(2) Public Possession (outside of residence) and use of firearms and other
weapons without a permit is prohibited.
Part II Duties
Article 1 General Duties
(1) Parents have the duty to rear and educate their minor children.
(2) Adults have the duty to support and assist their parents if they are in
need.
(3) Parents and children have the duty to ensure that minors attend public
schools or equivalent institutions (compulsory schooling). Vocational schools
and certified private schools are equivalent to public schools.
Article 2 Civil Service
(1) Every citizen of age (eighteen or older) must serve at least a one year in
the Armed Forces (Dept. of Defense), in the National Security Service (Homeland
Security), in the unarmed civil services, or in an equivalent non-profit
service.
Part III Burdens
Article 1 Taxation
(1) The Republic levies taxes from the citizens.
(2) The Republic levies taxes throughout the Territory.
Article 2 Mandatory
Insurance
The Republic establishes the requirements for mandatory insurance for Health
Care Services.
Part IV Republic
Monopolies
Article 1 Monopolies on
objects
No one but the government of the Republic may own heavy weapons or other
weapons of mass destruction.
Article 2 Monopolies on
activities
(1) No one but the government of the Republic may coin or print money and it
will be issued and approved by the Department of the Treasurer.
(2) The Republic retains the monopoly on mail, telecommunication networks, and
electric services.
Part V Forfeiture of
Fundamental Rights
Article 1 Forfeiture of
Rights
(1) Persons and political parties who abuse fundamental rights in order to
combat the free democratic basic order forfeit these rights.
(2) Such forfeiture and the extent thereof is determined by the Supreme Court
or other Court.
Article 2 Deprivation of
Electoral Rights
By final court order, the right to vote and to be elected can, partially or at
large, temporarily or unlimited, be suspended if an adult
a) has not the requisite mental capacity for any legal responsibility or
b) has irrevocably been sentenced to at least one year of imprisonment.
Part VI Amendments to
the Constitution
Article 1 Amendment
(1)
Amendments can be made with Majority Vote of the National Congress.