The Constitution of the Commonwealth of Britain
Virtuous government being desirable for the advancement of the common good and to afford protection against the excesses of power we the people hereby provide for our democratic government. To protect our liberties from the excesses of state power we do also set limits to the power of that government.
We affirm that the only legitimate government, legislative, executive and judicial, is that which is established by the people, has the consent of the people and governs in the interests of the people. The right of the people to decide finally on all questions of national policy, according to the requirements of the common good, is reserved by the people.
In pursuance of the common good the purpose of government shall be to protect and promote liberty, justice, domestic harmony, national security and the general welfare of the people for the present and future generations.
Part 1. The People.
1. On the promulgation of this Constitution any person who is then a citizen of the United Kingdom, its dependencies and territories according to law shall become and be a citizen of the Commonwealth of Britain. The future acquisition and loss of British nationality and citizenship shall be determined in accordance with law.
2. Every citizen of this Commonwealth is guaranteed a republican form of government.
3. We affirm individual liberty to be a fundamental right that may be limited only to the extent necessary for the common good or to protect the rights of citizens and only by due process of law.
4. Equal protection of the law shall be afforded to all citizens of the Commonwealth.
5. The right of minorities shall be recognised. No exceptional penalty or disability shall be imposed by law on a minority.
6. The right of citizens to associate freely and to join in all activities that do not infringe the rights of other citizens or pose an imminent danger to public safety shall not be violated.
7. All citizens shall have a right to move freely throughout the various nations and regions of the Commonwealth unless imprisoned or charged with a criminal offence as provided for in this Constitution.
8. Freedom and diversity of thought and expression being essential to the liberty of the individual, democratic government and human progress, there shall be no law limiting freedom of belief, expression or communication, except as may be necessary in the second case to protect citizens from imminent danger, to prevent the dissemination of malicious untruths against living persons or to protect the moral welfare of minors.
9. No information held by or on behalf of any public organisation shall be withheld from public inspection save to protect the privacy of a living person in her or his lawful pursuits, commercial confidentiality or public safety.
10. Citizens shall have the right to assemble in a peaceable and orderly manner and to make representations in like manner in order to draw attention to matters of concern.
11. Recognising the diversity of beliefs and practices of the people all government shall be secular in nature. No religion shall be recognised as the national religion and no church shall be recognised as the national church, nor be afforded any privilege. No holder of clerical office shall hold any public office by virtue of that clerical office. No person shall be compelled to give support to any religious group or belief, nor to take part in any religious practice. Nor shall any penalty or disability be imposed on any person who elects to refrain from any religious practice.
12. Unless informed consent has been given no premises may be entered, no property or records may be inspected, interfered with or removed and no communication may be intercepted, listened to or recorded surreptitiously except when necessary with probable cause to uphold the law or to protect national security and then only with warrant of an authorised judicial officer in accordance with the law, which warrant shall specify the places, persons and property which are subject to its provisions. Private property shall not be taken for public use without just compensation
13. No person shall be deprived of life, liberty, or property without due process of law. No person shall be convicted of a capital or other offence which is not petty in nature except after trial by jury. No person shall be tried twice for the same offence. No person shall be made in any criminal case to implicate herself or himself.
14. In all criminal prosecutions the accused shall be informed of the allegations and of those who will give evidence against him or her. There shall be a speedy and public trial. Trial shall be by an impartial jury unless the offence is petty or if such right is waived. Sufficient time shall be allowed for the preparation of a defence. The accused shall have the right to choose to defend herself or himself or to have legal representation. The accused shall have the right to have witnesses compelled to attend and give evidence.
15. Bail, fines and other punishments shall be proportionate to the seriousness of the offence and the circumstances of the accused.
16. The designation of certain rights in this Constitution does signify that the people do not have other rights, nor that those rights are of lesser importance.
Part 2. The Commonwealth.
1. The Commonwealth of Britain shall comprise the nations, regions, dependencies and territories of the United Kingdom at the date of promulgation of this constitution.
2. The people of each nation, dependency and territory shall have the right of self-government within the Commonwealth according to their desires, excepting the exercise of such powers as are reserved by this constitution to the Parliament, executive and judicial branches of the government of the Commonwealth.
3. The boundaries, systems and powers of local, regional, territorial and national governments within the Commonwealth that are established at the date of promulgation of this constitution or established thereafter shall not be modified nor abolished except as a majority of the electorate of the nation, dependency, territory or region in which they have force casting a secret vote in a referendum may agree.
Part 3. The Legislature.
1. Commonwealth legislative powers are vested by the people solely in the Parliament of the Commonwealth, which shall be composed of a Senate and House of Representatives. National and regional legislative powers may be delegated to national and regional legislative assemblies.
Section 1. The House of Representatives.
1. The members of the House of Representatives shall be elected on the first Thursday in May every fourth year by citizens who are aged eighteen or more years by secret ballot.
2. No person shall be a member of the House of Representatives who when elected was not an inhabitant of that constituency for which she or he shall be chosen.
3. Each member shall be elected by proportional representation from constituencies determined by law.
4. The number of members shall from time to time be fixed by law, but the total number of members of the House of Representatives shall not be fixed at less than one member for each three hundred thousand of the population, or at more than one member for each two hundred 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.
5. Parliament 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 the House of Representatives sitting when such revision is made.
6. When there is a vacancy in any constituency the returning officer for that constituency shall make arrangements without delay for the election of a new representative.
Section 2. The Senate.
1. The Senate shall be composed of one hundred Senators who shall be elected regionally, by proportional representation, on the first Thursday in May by secret ballot for six years. Each region shall have one seat in this Chamber as of right. The remaining seats in this Chamber shall be allocated in proportion to the various populations of the regions, as determined by census.
2. Except for the election of the first Chamber after the promulgation of this Constitution, one-third of the seats shall be subject to election every two years, or when a vacancy happens by resignation or death.
3. No person shall be a Senator who when elected, was not an inhabitant of that constituency for which she or he shall be chosen.
4. When there is a vacancy in any constituency the returning officer for that constituency shall make arrangements without delay for the election of a new representative.
Section 3. Parliament.
1. The House of Representatives and the Senate shall choose their speakers and other officers. Each Chamber shall be the judge of the elections, returns and qualifications of its own members.
2. All questions shall be decided by a majority of those members who are present. The Speaker of each Chamber shall have the casting vote on those questions on which there is a majority neither for nor against. Otherwise each Chamber may determine the rules of its proceedings and punish its members for disorderly behaviour.
3. No one shall be a member both of the House of Representatives and of the Senate.
4. A majority of each shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may be authorised to compel the attendance of absent members, in such manner, and under such penalties as each Chamber may provide.
5. Parliament shall hold at least one session every year. Sittings of each Chamber of Parliament shall be public.
6. Each Chamber shall keep a verbatim record of its proceedings, which shall be published as soon as may be practicable both in a universally accessible electronic form and in printed form. The vote of each member of either Chamber on any question shall be included in these records.
Section 4. Remuneration, Privileges & Disabilities.
1. Members of Parliament shall receive such compensation for their services from the public treasury as is decided in accordance with the law.
2. Members shall not be made subject to the proceedings of any tribunal or disciplinary body for any statement made during parliamentary proceedings.
3. No member of Parliament shall during the period of such membership be appointed to any civil office under the authority of the Commonwealth, which shall have been created, or the emoluments whereof shall have been increased during such time: and no person holding any office under the Commonwealth, other than that of a minister of state, shall be a member of either Chamber during her or his continuance in office.
Section 5. Bills.
1. All bills for raising revenue shall originate in the House of Representatives; but the Senate may propose or concur with amendments as on other Bills.
2. Every bill which shall have passed both the Chambers of Parliament shall become a law.
Section 6. Powers of the Parliament.
1. Parliament shall have power:
i. To make all laws which shall be necessary and proper for executing all powers vested by this Constitution in the government of the Commonwealth, or in any department or officer thereof.
ii. To make provision for the defence of the Commonwealth and to declare and wage war.
iii. To raise such revenue as may be necessary for the discharge of its duties and to borrow money for the same purpose; and to issue and regulate the national currency
iv. To constitute tribunals inferior to the Supreme Court
2. The right to raise and maintain military or armed forces and to declare or wage war, except in immediate response to invasion or attack upon the territory or people of the Commonwealth of Britain, is vested exclusively in Parliament. No military or armed force, other than a military or armed force raised and maintained by Parliament, shall be raised or maintained for any purpose whatsoever.
Section 7. Limits on Legislative Power of the Parliament.
1. The right of recourse to the courts to prevent false imprisonment shall not be suspended.
2. Parliament shall not declare acts to be infringements of the law which were not so at the date of their commission.
3. No payments may be made from the national treasury except in accordance with lawful appropriations. A statement and account of receipts and expenditures of all public money shall be published at least annually both in a universally accessible electronic form and in printed forms.
4. No title of nobility shall be granted or recognised by Parliament, the President, any official or organ of state: and no person holding any office of profit or trust under them, shall, without the consent of the Parliament, accept any reward, office, or title, of any kind whatever, from any foreign state or ruler.
Part 4. The Executive.
1. Executive powers of state shall be vested in the Prime Minister and the Cabinet, which shall be composed of no fewer than ten and no more than twenty-five of the chief ministers of state. The Prime Minister shall be nominated by the House of Representatives and be appointed by the President. Other ministers of the government shall be nominated by the Prime Minister from among the members of the House of Representatives and be appointed by the President. The President shall be required to resign the office of Prime Minister if a majority of the members of the House of Representatives affirms by vote that he or she has lost the confidence of that Chamber.
2. The Prime Minister and all other ministers of state shall be responsible to the House of Representatives for the exercise of executive powers and for the management of the departments of state. All ministers of state may be required to make reports to the House and shall be required to answer the questions of members of the House.
3. The Prime Minister shall be required to provide the President with such information on matters of state as the President may require.
4. The Prime Minister shall have a right to address both Chambers of Parliament.
Part 5. The President.
Section 1. Election.
1. There shall be a President of the Commonwealth of Britain, who shall have the powers and functions conferred by this Constitution.
2. The President shall be elected by proportional representation in a ballot of those entitled by law to vote in elections to the Parliament.
3. The President shall hold office for five years, unless before the expiration of that period she or 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.
4. A person who holds, or who has held, office as President, shall be eligible for re-election to that office once only.
5. An election for the office of President shall be held not later than the sixtieth day before the expiration of the term of office of every President, and not earlier than the eightieth day before that date. But if the President dies, resigns, is removed from office as a result of impeachment or is found to be permanently incapable the election shall be held within sixty days after such event.
6. Every citizen who is entitled to vote shall be eligible for election to the office of President. Every candidate for election, not being a former or retiring President, must be nominated either by:
(i) not less than twenty members of the Chambers of Parliament or
(ii) by any national or regional legislative assembly or not less than twenty councils of local government jurisdictions, other than parish councils.
(iii) 5000 registered electors
7. No person, assembly or council shall be entitled to subscribe to the nomination of more than one candidate in respect of the same election.
8. Retiring Presidents may become candidates on their own nomination.
9. Where only one candidate is nominated for the office of President that person shall be elected without a ballot.
10. The President shall not be a member of either Chamber of Parliament. If a member of either Chamber of Parliament is elected President, she or he shall be deemed to have vacated her or his seat in that Chamber.
11. The President shall not hold any other office or any position for which there is a financial reward.
12. The first President shall enter office as soon as may be after her or his election, and every subsequent President shall take office on the day following the expiration of the term of office of her or his predecessor, or in the event of his or her predecessor's removal from office, death, resignation, or permanent incapacity established as provided by this Constitution, as soon as may be after the election.
13. The President shall take office by subscribing publicly, in the presence of members of both Chambers of Parliament, of Judges of the Supreme Court and of the High Court, and other public personages, to the following declaration:
"I do affirm that l will fully execute the duties of the office of President, strive to maintain the dignity of the office and Commonwealth and do my utmost to uphold the Constitution of the Commonwealth of Britain."
Section 2. Impeachment.
1. The President may be impeached by Parliament for behaviour injurious to the common good.
2. No proposal of impeachment shall be considered unless thirty or more members of Chamber in which proceedings are proposed have signed a motion. And no proposal shall be adopted by either of the Chambers of Parliament save upon a resolution of that Chamber supported by not less than two-thirds of the total membership.
3. When a charge has been preferred by either Chamber of Parliament, the other Chamber 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.
4. If, as a result of the investigation, a resolution is passed supported by not less than two-thirds of the total membership of the Chamber of Parliament 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 charged, was such as to render her or him unfit to continue in office, she or he shall cease to hold office from a date and hour provided for in the motion.
Section 3. Payment.
1. The President shall receive such rewards and allowances as may be determined by law. The rewards and allowances of the President shall not be reduced during her or his term of office.
Section 4. Powers.
1. The President shall, on the nomination of the House of Representatives, appoint the Prime Minister. The President shall, on the nomination of the Prime Minister, appoint all other ministers of state. The President shall, on the advice of the Prime Minister, accept the resignation or terminate the appointment of any minister of state.
2. The President may at any time after consultation with the Cabinet convene a meeting of either or both of the Chambers of Parliament.
3. Every Bill passed or deemed to have been passed by both Chambers of Parliament shall require the signature of the President for its enactment into law.
4. The President shall be supreme commander of the national armed forces. All commissioned officers of the Armed Forces shall hold their commissions from the President.
5. The President shall have the right to pardon and the power to commute or remit punishment imposed by any court exercising criminal jurisdiction.
6. The President may, after consultation with the Cabinet, send a message or address the Chambers of Parliament on any matter of national or public importance.
7. The President may, after consultation with the Cabinet, address a message to the people at any time on any such matter.
8. The President shall not be answerable to either Chamber of Parliament or to any court for the exercise and performance of the powers and functions of his or her office or for any act done or purporting to be done by her or him in the exercise and performance of these powers and functions except by impeachment.
9. The powers and functions conferred on the President by this Constitution shall be exercisable and performable by her or him only on the advice of the Government, save where it is provided otherwise by this Constitution.
Section 5. Absence or Incapacity.
1. In the event of the absence of the President, or his or her temporary incapacity, or her or his permanent incapacity established as provided in this Constitution, or in the event of his death, resignation, removal from office, or failure to exercise and perform the powers and functions of office or any of them, or at any time at which the office of President may be vacant, the powers and functions conferred on the President by or under this Constitution shall be exercised and performed by a Commission constituted as provided in this Constitution.
2. The Commission shall consist of the Chief Justice, the Speaker of the House of Representatives, and the Speaker of the Senate.
3. The President of the High Court shall act as a member of the Commission in the place of the Chief Justice on any occasion on which the office of Chief Justice is vacant or on which the Chief Justice is unable to act.
4. The Deputy Speaker of the House of Representatives shall act as a member of the Commission in the place of the Speaker of the House of Representatives on any occasion on which the office of Speaker of the House of Representatives is vacant or on which the said Speaker is unable to act.
5. The Deputy Speaker of the Senate shall act as a member of the Commission in the place of the Speaker of the Senate on any occasion on which the office of Speaker of the Senate is vacant or on which the said Speaker is unable to act.
6. The Commission may act by any two of their number and may act notwithstanding a vacancy in their membership.
7. The Cabinet may by a majority of its members make such provision as to them may seem meet for the exercise and performance of the powers and functions conferred on the President by or under this Constitution in any contingency which is not provided for by the foregoing provisions of this section.
8. The provisions of this Constitution which relate to the exercise and performance by the President of the powers and functions conferred on her or him by or under this Constitution shall subject to the subsequent provisions of this section apply to the exercise and performance of the said powers and functions under this section.
Part 6. The Judiciary.
Section 1. The Supreme Court.
1. The judicial power shall be vested in one Supreme Court, and in such inferior tribunals as exist now or as Parliament may from time to time legislate for and establish. There shall be twelve judges of the Supreme Court. They shall be appointed by the President, subject to ratification by the Parliament. The judges of all courts shall hold their offices during good behaviour. They shall be compensated for their services as provided for by law. The amount shall not be diminished while they hold office.
2. The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the Commonwealth of Britain, maritime law and international law.
3. In all cases affecting relations between nations and with international public organisations, the Supreme Court shall have original jurisdiction. In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Parliament shall make.
4. The Supreme Court shall determine whether any bill before Parliament that is referred to it by the President accords with the requirements of this Constitution.
Section 2. Trials.
All criminal prosecutions shall be conducted in the name of the people. The trial of all crimes, except in cases of petty offences and of impeachment, shall be by jury, unless such right is waived. Trials shall be held in the locality where the said crimes shall have been committed; but when not committed within the Commonwealth, the trial shall be at such place or places as Parliament may legislate.
Section 3. Treason.
To wage war against the Commonwealth of Britain or to join or give aid or comfort to the enemies of that Commonwealth shall be treason. No person shall be convicted of treason except on compelling evidence of an overt act of treason. Parliament shall have power to provide for the punishment of treason.
Part 7. The Constitution.
Section 1. Extent.
Powers not delegated to the legislature, the executive or the judiciary by this Constitution are reserved to the people.
Section 2. Amendment.
Parliament, whenever two thirds of both Chambers shall deem it necessary, shall propose amendments to this Constitution, or, on the application of two-thirds of the national and regional assemblies, shall call a convention for proposing amendments, which, in either case, shall become a part of this Constitution when ratified by a referendum.
Section 3. Constitutional Status.
This Constitution, and the laws made in pursuance of shall be the supreme law of the land and shall bind the judiciary. Senators and Members of the House of Representatives and all executive and judicial officers shall affirm their loyalty to this Constitution.