Constitution of the Federation of Izhitsa
PreambleWe, the duly elected Representatives of the People of Izhitsa, assembled by the grace of God and the will of the People, do set forth this constitution to secure Peace, Liberty, and Prosperity, now and forever, to all those in our domain.
Article I - The State1) The official name of the Izhitsan state is the Federation of Izhitsa.
2) The Federation of Izhitsa is a Federal Republic consisting of the Constituent Republics of Ved, Kher, Dzelo, and Shta, as well as the Autonomous Republic of Yach.
3) The Government of the Federation is divided into four branches: The State Rada, or Legislative Branch; the Presidency, or Executive Branch; the Supreme Court, or Judicial Branch; and the Oversight Office, or Auditorial Branch.
4) Citizens are those to whom all rights, responsibilities and privileges outlined in this document apply.
5) A Citizen of Izhitsa is defined as one who has
(a) had citizenship conferred upon them by being born to an Izhitsan Citizen, within or without the nation’s borders,
(b) has taken an oath of citizenship after residing legally and permanently for a period of five years within Izhitsan borders and passing a citizenship exam,
(c) is the descendant of at least one (1) Izhitsan grandparent or two (2) Izhitsan great-grandparents and has filed an intention to return to their ancestral home, or
(d) has performed a great service for the nation and been granted citizenship by a simple majority vote of the State Rada and assent of the President.
6) No person of Izhitsan origin may be deprived of their nationality.
7) The Federation of Izhitsa is founded on the principles of popular sovereignty and promotion of general welfare. The government is to protect the People’s rights to life, liberty, equality, peace, and prosperity.
The federal government shall have the power to
(a) levy taxes and borrow money for the funding of government activities for the general welfare of the state,
(b) regulate commerce within and without the state, including such methods as chartering businesses and developing transportation networks,
(c) regulate currency,
(d) promote the scientific, cultural, and educational development of the nation,
(e) develop, maintain and regulate a force for national defense,
(f) regulate and protect elections,
(g) establish foreign relations,
(h) and enforce the rules set forth in this Constitution.
9) Powers not given to the federal government are given to the Constituent Republics and Yach.
Article II - The Legislative Branch1) The Legislative Branch, or State Rada, is the highest legislative organ of the state.
2) The State Rada is composed of Representatives, half of which are National Representatives, and half of which are District Representatives.
3) National Representatives represent the interests of the Nation, and are elected from a national party-list proportional vote, using the D’Hondt method.
4) District Representatives represent the interests of their constituency, and are elected through a single transferable vote in their electoral district.
5) The State Rada is headed by a Prime Minister, nominated by the President and approved by the Representatives.
6) The Prime Minister is the Head of Government, with all of the rights, powers, and responsibilities that come with that title, as established by law.
7) If, after 90 days in power, the Prime Minister fails to create a government, or if their government fails due to a vote of no confidence, the State Rada may elect a new Prime Minister within 30 days. If the deadline passes with no new government, or at the request of the State Rada, the President must select a new Prime Minister.
The State Rada, under the leadership of the Prime Minister and with the consent of the President, has sole prerogative for declarations of war, for budgets, and for taxation. No money may be expended without the consent of the Rada except as stipulated in the Constitution.
9) At regular intervals and at least once per year, the State Rada is required to submit a budget for review by the President and the Oversight Office. If a budget runs its term but no new budget has been passed, the Executive Branch may continue running as if they are on the lapsed budget.
10) The term of office for Representatives is four (4) years, however, if the State Rada is dissolved, the term shall be terminated before the full term is up.
11) Business cannot be transacted unless 40% or more of total membership is present. All matters shall be decided by a majority of those present, except as elsewhere provided in the Constitution. In case of a tie, the President shall decide the issue.
12) The State Rada has the right to dissolve itself and hold new elections with the consent of two-thirds of its members.
13) When the State Rada is dissolved, there must be a general election of members of the State Rada within forty days from the date of dissolution, and it must be convened within thirty days of the election.
14) The Citizens of an Electoral District have the right to recall the election of their District Representative in a manner defined by law.
15) Except in cases provided by law, Representatives shall be held exempt from apprehension while the Rada is in session, and any Representatives apprehended before the opening of the session shall be freed during the time of the session upon demand of the Rada.
Article III - The Executive Branch1) The Executive Branch, or Presidency, is the highest administrative organ of the state.
2) The Presidency is headed by the President, who is the Head of State and represents Izhitsa in all foreign affairs.
3) The President is selected by a national single transferable vote. Their term of office is five (5) years.
4) The President has supreme command of the land, sea, air, and space forces of the state. However, ultimate power to make war and declare peace lies with the State Rada.
5) The President, with the consent of the State Rada and the Oversight Office, must appoint a number of Ministers to preside over Ministries aiding in the administration of the state. These Ministers make up the Cabinet. The Cabinet and the Ministers make up the Presidency. The organisation of these Ministries shall be decided by law.
6) The Presidency shall meet regularly, no less than once per month, to discuss matters of importance and share information across departments. The President may also call extraordinary meetings with any or all of their Cabinet at any time.
7) The President may, in accordance with law and with the consent of the Oversight Office, appoint and fire civil servants and military officials.
The President has the power to confer state honors, as well as grant amnesty, pardon, and commutation of sentences.
9) The President may veto legislation passed by the State Rada. This veto may be overridden by a two-thirds vote by the State Rada.
10) The Presidency has the duty to present a report of its administrative policies to the State Rada at regular intervals, at least once per year. If the Rada does not concur with one of their policies, it may, with the consent of two-thirds of its members, force the President to change that policy or resign from office.
Article IV - The Judicial Branch1) The Judicial Branch, or Supreme Court, is the highest judicial organ of the state. It has the power to interpret the Constitution and unify the interpretations of laws and orders from lower courts.
2) The Judiciary is the court of highest appeal in all domestic matters, and shall be the final authority in all cases that come before it.
3) The Supreme Court consists of a Chief Judge and a number of judges as determined by law.
4) Judges are appointed by the President with the consent of the State Rada.
5) The appointment of the judges of the Supreme Court shall be reviewed by the people at the next general election of members of the State Rada following their appointment, and shall be reviewed again at the next general election of members of the Chamber of Deputies after a lapse of ten (10) years, and in the same manner thereafter.
6) In cases mentioned in the foregoing article, when the majority of the voters favors the dismissal of a judge, they shall be dismissed.
7) Judges may be removed by public impeachment or if judicially declared mentally or physically incompetent to perform official duties.
All judges are independent in the exercise of their conscience and shall be bound only by this constitution and the laws. Judges may not act under partisan influence or in cases which represent a conflict of interest.
9) The organization of lower courts is to be fixed by law.
Article V - The Auditorial Branch1) The Auditorial Branch, or Oversight Office, is the highest auditorial organ of the state. It has the power to audit, censure, and impeach all public officials and civil servants.
2) The Oversight Office consists of one Auditor for every one million (1 million) Izhitsan Citizens. Auditors are appointed by the President with the consent of the State Rada, and remain in their post for six years.
3) No one who has run for partisan office or held authority in a political party may be appointed as an Auditor. Auditors may not hold other public office or engage in any private profession.
4) The Oversight Office, may, on the basis of its investigations and the resolutions of its sub-committees, submit policy proposals to the Presidency and to the State Rada. It may also submit criminal charges to the Supreme Court if a government official is deemed as having neglected their duty or violated the law.
5) The Oversight Office, or its deputies, runs and certifies all partisan elections in the state. In case of election irregularities, the Oversight Office has the right to recommend criminal investigations to the Presidency and order elections to be rerun in any affected constituencies.
6) Every ten years, the Oversight Office shall perform a census of the Izhitsan population, and devise electoral districts, each representing about one hundred thousand (100,000) Citizens.
7) In the course of its work, the Oversight Office may demand the presence and testimony of witnesses, as well as the production of records.
At regular intervals and at least annually, the Oversight Office shall provide the government and the public with a report on the state of the nation’s finances.
Article VI - Rights of the People1) The Federation of Izhitsa exists to protect the People’s rights to life, liberty, equality, peace, and prosperity.
2) The state may not restrict the right of the People to the freedom of speech, of assembly, of petition, or of the press.
3) All workers have the right to organise and collectively bargain with their employers.
4) The right to personal property is inviolable.
5) All Citizens are equal under the law and there may be no discrimination in political, economic or social relations because of poverty, race, creed, sex, social status or family origin.
6) The right of every adult Citizen to elect their representatives in a fair, universal, and secret vote may not be abridged.
7) In order to propel the development of the state, all Citizens have the right to ordinary education. No policy may be enacted that restricts access to education on the basis of any protected status.
No person may have their life or liberty violated except as established by law.
9) Every Citizen has the right to fair and speedy trial under the law for whatever charges may be directed at them; the right to trial by a jury of one's peers may also not be abridged.
10) Every Citizen has the right to petition a judge or jury member to recuse themselves in case of a conflict of interest, and has the right to appeal to higher courts.
11) No person on trial for any charge at any level is required to testify against themselves, or to make any statement that could be taken as evidence against themselves.
12) No confession made under compulsion, torture or threat, or after prolonged arrestor detention is admissible in evidence.
13) No person may be held criminally liable for an act which was lawful at the time it was committed, or of which they have been acquitted, nor may they be placed in double jeopardy.
14) The infliction of torture and cruel or unusual punishments are absolutely forbitdden.
15) No person acting in a public capacity may be held responsible outside of their public office for opinions expressed or votes cast in their public capacity, except as established by law.
16) All Citizens have the right to set up political parties and participate in partisan politics except as forbidden elsewhere in the constitution.
17) The enumeration of certain rights in the Constitution does not preclude the existence of other fundamental rights not listed here.
Article VII - Federal and Local Governments1) The Izhitsan state is organised into Municipalities, Counties, Provinces, and Constituent Republics in accordance with law. Each of these bodies enjoys local self-government in matters pertaining to their own interests.
2) All Citizens have the same rights and responsibilities in every part of the nation. No level of government may enact laws that restrict trade or the free movement of people between different parts of the nation, except as stipulated elsewhere in the Constitution.
3) All adult Citizens have the right to elect representatives to legislative assemblies at all levels of their government.
4) The drawing of Provincial borders shall take place in the assemblies of the Constituent Republics, the drawing of County borders shall take place at Provincial assemblies, and the drawing of Municipal borders shall take place at County assemblies.
5) Governments at all levels of the state shall be governed according to constitutions and laws created with the consent of their people.
6) Powers not reserved to the federal government are given to the local governments.
Article VIII - The Status of Yach1) The Federation of Izhitsa recognises the existence of Yach as an Autonomous Republic, with the sole power over trade, education, language, and culture within their borders.
2) In accordance with Yachese law, Yach may hold a referendum on its status within Izhitsa, and may choose to transition into a Constituent Republic, with the same rights and privileges as the other Constituent Republics, retain its current status, or transition into an Associated Republic.
3) As an Associated Republic, Yach would pull its representatives from the State Rada, and would no longer be subject to federal taxation or receive federal funds. Other than those powers required for defense, the powers assumed by the federal government would devolve to Yach.
4) After a period of fifteen (15) years as an Associated Republic, Yach may transition into full independence following another referendum in accordance with Yachese law.
Article IX - Ratification1) Amendments to this Constitution may be initiated by the State Rada, through a concurring vote of two-thirds or more of all its members. Upon approval, it shall be submitted to the people for ratification, which shall require the affirmative vote of a majority of all votes cast thereon, including a majority of the population of Yach, at a special referendum or at such election as the Rada shall specify.
2) This Constitution will come into legal force if it is approved by a free and fair referendum in at least three of the five Republics of Izhitsa, including Yach. Thereafter, the Federal Assembly shall appoint the first Auditors and Judges, and hold timely elections to establish the State Rada. Upon this, the Federal Assembly shall disband itself.