The C.P.R. of Strathy
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The Constitution of The Communist People's Republics of Strathy
The Constitution is the supreme law of Strathy. It governs her people, her lands, her courts and even her government. The Constitution is put in place to protect the fundamental rights of all Strathan citizens and to safeguard the democratic process of our nation:
Below is a text version of The Constitution of Strathy. A PDF version can be found on The Documents Page
The Constitution of The Communist People's Republics of Strathy
We, the people of Strathy, do hereby, in pursuit of the aims and goals laid out in this constitution, establish the nation of The Communist People's Republics of Strathy in the areas of The Brockburn and The Isle of Fara.
Article I – State Definitions.
Section 1 – People of The State.
1.1. Citizens of Strathy are people who are born into Strathy, born of Strathan parents or who are naturalised into Strathy
1.2. All citizens are equal in the eyes of the state. No citizen or group of citizens may be discriminated of given special privileges.
1.3. The official language of Strathy is English
Section 2 – Symbols of The State
2.1. The colours of Strathy shall be red, black and gold.
2.2. The State flag is a black saltire cross with the background on the top and bottom being red and the background to the left and right being gold. In the centre shall be a five pointed red star with a gold outline on a black cog, with the cog intersecting the third point of the star.
2.3. The national anthem of Strathy is 'A man's a man' by Robert Burns.
2.4. The capital city is Langford City, located in The Republic of Langford City.
2.5. The State motto is 'Audaci Fortuna Favet'.
Section 3 – State Form.
3.1 Strathy is a sovereign, secular and democratic union of republics. All republics and entities of the state must yield to these principles.
3.2 The Constitution is the supreme law of Strathy. All branches of Strathan government must abide by all rules and definitions laid down in this document.
Article II – Objectives of The State and Government.
Section 1 – General Objectives of The State and Government
1.1 The State recognises and defends the fundamental human rights of all of its citizens, residents or not, as laid down in The Universal Declaration of Human Rights.
1.2 The State must do all it can to encourage justice and equality for all of it's citizens in accordance with AII 1.1.
1.3 The State encourages fraternity and solidarity between all of it's citizens.
1.4 The State recognises the right of every individual to self determination and the rights of any groups of people to group determination, excepting the formation of political parties.
1.5 The State will provide
a. Universal Health Care
b. Education; Primary, Secondary and Higher
c. Housing for all residents
d. Welfare and Social Programmes
e. Labour Programmes
f. Preservation and Development of Culture and History
g. Development of Natural and Social Sciences
Section 2 – Security of The State.
2.1 The Strathan Nation supports world wide peace between all nations - recognised or otherwise- or groups of individuals. Any act taken by Strathan Governments to disturb the world wide peace in any form are unconstitutional
2.2 The State will however take adequate action to ensure the protection of it's people from threats exterior, interior, natural or otherwise.
2.3 The Strathan Armed forces consist of a militia to be called upon for defensive and aid purposes only.
Article III – Organisation of The State
Decree I – General State Organisation.
Section 1 – Elections
1.1. General – Absent of any special conditions or provisions in place, all elections are free, open, direct and anonymous.
1.2. Elections are always free and equal.
1.3. Elected representatives are bound by their conscience. They are servants of all the nation, not only of their communes
Section 2 – National Elections
2.1. National Executives shall be elected during the National Elections. The National Executives comprise the members of The Commissariat, The High Chief Justice of The Strathan Republics and The People's Commissariat
2.2. Commissars are elected by the workers of their departments. The High Chief Justice is elected by the members of The Strathan Council of Justice – comprising The Supreme Court and Republic Courts.
2.3. The People's Commissar and Vice-People's Commissar are elected in an open election by all Strathan Citizens.
2.4. National Elections are to be held every five years, the elections being held in the first week of May.
2.5. Those standing in The National Elections may not be a member of The Council of Representatives.
Section 3 – Council Elections.
3.1. Members of The Council of Representatives will be elected from their communes by the people of the commune they represent.
3.2. The winning representative from each communal election will represent said commune within The Council of Representatives.
3.3. The Council Elections shall be held every five years, with elections being held in the second week of April.
3.4. Members of The Council may not hold an executive office.
3.5. The Council will make up The Judiciary Body of The Government.
3.6. Any Strathan Citizen may run as a Council candidate.
Section 4 – Republic Councils.
4.1 Each Republic will be governed to an extent by a Republic Council.
4.2 The Republic Councils will take the same form as The Council of Representatives, but on a Republic level.
4.3 Republic Elections will be held every five years, elections being in the third week of April.
4.4 The Republic Council, once elected, will meet with CoR members for their Republic. CoR will be assigned devolved executive roles in The Republic Council.
4.5 It is the duty of each Republic Council to organise Communal Councils.
Section 5 – Organisational Principles.
5.1. The State separates the executive, legislative and judiciary powers of government. Offices in different powers are not compatible with one and other.
5.2. The State separates the offices of national government, local government and lower public offices. Offices with different levels of power are not compatible with one and other.
5.3. The State separates political offices from active military service. Government offices and military service are not compatible with one and other.
5.4. The State acknowledges the autonomy of National, Republic, and Communal government.
5.5. Autonomy is bound to the principles of democracy and the democratic process.
Section 6 – Decentralisation of Government.
6.1. State Powers belong to the Republics if not assigned to The National Government within this constitution or any following amendments or legislation.
6.2. The Republics shall be constitutionally bound to convey those powers to The Communes if adequate use of those powers is both possible and practical on a local level.
6.3. All powers of The State must render to each other legal and administrative assistance where necessary and then where possible.
Section 7 – National Powers.
7.1. State powers under the following subject matters shall be the sole responsibility of The National Government
a) National and Republic level Defence.
b) Foreign Relationships and Diplomacy
c) Economic Regulations
d) Private, Criminal and Procedural Law.
e) Educational Standards and Qualification Procedures.
f) All other subject matter which by their nature or as a corollary to the subjects listed have to be centralised on a national level.
7.2. The State may chose to forfeit, or relinquish to some level, sovereign powers to international, supranational, or multinational bodies, such as trade organisations or other such bodies, provided that it maintains a suitable representation within said bodies and that the bodies may guarantee sufficient legal protection for Strathan Citizens involved at any level.
Decree II – Representation of The State.
Section 8 – The Head of State.
8.1. The People's Commissar is The Head of State. He or she has the right of pardon, to conduct foreign affairs, and to all other representative functions of The Strathan Republics.
8.2. The People's Commissar and Vice-People's Commissar are elected by The People in the national elections with precedence over all other business.
8.3. Every citizen with the right to vote is eligible to run for the offices of People's Commissar of Vice-People's Commissar.
8.4. The two members of The People's Commissariat (PC and V/PC) make up the collective Head of Government.
8.5. Before taking office, People's Commissars and Vice-People's Commissars must make the following pledge: “ I, <<name>>, having been elected by the people of The Strathan Republics, do solemnly pledge that I will honour and preserve the constitution and laws of the State, that I will serve and protect the people that I now represent, that I will serve and protect the land that has provided for us. I will forgo all necessary rights to do so, and that I shall sacrifice all that is humanly possible up to and including, the ultimate sacrifice. I will serve Strathy and her people until my term is ended or I am otherwise removed from office. Long Live Strathy, Long Live The Strathan People. Audaci Fortuna Favet!”
8.6. The People's Commissar shall not be held accountable for actions performed in the exercise of the office except in the case of high treason against the state. He or She may be indicted only by The Council of Representatives and shall only be tried by The Supreme Court of The Strathan Republics.
Decree III – Executive Power.
Section 9 – National Government and The People's Commissar.
9.1. The executive power of The State is vested in the National Government. This includes all diplomatic affairs.
9.2. The People's Commissar is the head of The National Government. National Ministers are elected by their departments.
9.3. The People's Commissar is Commander in Chief of The Armed Forces.
Section 10 – Impeachment.
10.1. The impeachment of The People's Commissar results in The People's Commissar standing down and seceding office to The Vice-People's Commissar.
10.2. In this case, The V/PC assumes the role of People's Commissar with The Speaker of The Council assuming V/PC duties.
Decree IV – Legislative Powers.
Section 11 – The Council of Representatives.
11.1 The Legislative powers of the State are vested in The Council of Communal Representatives.
11.2 The Council Consists of representatives elected from each commune. Members of The Commune are citizens that have been publicly elected by the people of their commune. Each commune elects one representative to The Council of Representatives.
11.3 Their office ends after five years or when electoral rights are lost. There shall be no limit on the number of terms one can serve.
11.4 Everyone on the electoral role has recourse to the Supreme Court of The Strathan Republics for scrutiny of the elections.
11.5 The Council draws up its own rules of procedures and elects a Speaker of The House.
11.6 All decisions of The Council require a straight majority to pass unless the constitution states otherwise.
11.7 Members of The Council of Representatives and The Councils of The Republics and Communes, must be independent candidates. The formation of political parties of any kind is unlawful.
Section 12 – Rights of Representatives.
12.1 Members of The Council are bound only by their conscience.
12.2 Members of The Council are granted rights to indemnity, as such they may not be subjected to court proceedings or disciplinary action for a vote cast or statement made by them in The Council or in any of its subcommittees.
12.3 Members of the Council may be called to account or be arrested for unlawful actions.
Section 13 – The Lawmaking Process
13.1. Bills can be introduced by a Member of The Council of Representatives or by one percent of the citizens of Strathy. Bills may specify the additional requirement of a public decision via a National Referendum after voting in the Council.
13.2. The Communal Councils and Republic Councils have to be informed informed immediately of any bill introduced. Members of The Communal and Republic councils have the right to be heard during sessions of The Council of Representatives according to the same rules which govern the Representatives.
13.3. Laws altering the Constitution of The State, amendments, require a two thirds majority of votes cast within The Council followed by a straight majority of votes in a National Referendum.
13.4. All laws found by The Supreme Court of The Strathan Republics to be unconstitutional are void.
13.5. Bills must specify a date of implementation. They must be signed without scrutiny by The Speaker of The House, The People's Commissar, The Vice-People's Commissar, and The High Chief Justice of The Strathan Republics.
13.6. Bills can be submitted to a public referendum if provided by The Council's decision or as part of the bill's initiative.
Section 14 – The Budget.
14.1 The yearly budget law is introduced to The Council by The People's Commissar.
14.2 The quarterly budget is presented to The Council by The Commissar for Finance.
14.3 Budget laws are not to be subject to referenda.
Section 15 – Treaties and Alliances.
15.1. The People's Commissar signs all treaties, alliances, and agreements with other states and organisations.
15.2. The power to ratify treaties, alliances, and agreements with other states or organisations lies within the legislative powers of The Council of Representatives.
15.3. Treaties not ratified within three months must be revoked by The People's Commissar and verified by the other signatory(ies).
Section 16 – National Ordinances.
16.1. Laws may empower National Government Departments to adopt National Ordinances regarding a specified subject matter.
16.2. National Ordinances need not be subject to ratification by The Council of Representatives.
Section 17 – Declaration of a State of Emergency.
17.1. In cases of grave and immediate threats to the existence of The State, The People or The Government of The State,
The People's Commissar may take necessary actions to implement measures of defence.
17.2. All emergency measures must be confirmed or revoked (as appropriate) by The Council at the earliest possible time. The People's Commissar is bound by the decisions of The Council of Representative.
Section 18 – Ombudsman.
The Council Ombudsman is in place to safeguard the fundamental rights and liberties of The Strathan People. It controls the compliance of all state powers with the provisions laid down in this constitution.
Decree V – Adjudicative Powers.
Section 19 – The Supreme Court.
19.1. The Judiciary Power of The State is vested in The Supreme Court.
19.2. Supreme Court Judges are made up on one Chief Justice from each Republic and one High Chief Justice of The Strathan Republics, elected by The Department for Justice.
19.3. The Supreme Court resolves all disputes and decides upon all issues involving this constitution. In particular, the Supreme Court has jurisdiction over the following.
a) Disputes between state entities concerning their respective rights and duties under this Constitution;
b) Challenges of a national or communal entity, a Court in the course of its determination, or a third of the Members of The Council 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 state power by the Ombudsman
f) Cases on appeal from Republic Courts as the Supreme Court deems necessary to review
g) All other cases assigned to its jurisdiction by law.
19.4. Decisions of The Supreme Court are directly binding for all entities of The Staes.
19.5. The Term of Office for The High Chief Justice will be five years with no term limit.
Section 20 – Republic Courts.
20.1. Republic Courts have supreme jurisdiction over review and any other matters assigned to them by law.
20.2. Separate Republic Courts will be established for Penal Law and General Public Law.
20.3. The Supreme Court decides by extraordinary review in cases of inconsistent application by the law at different Republic level courts.
20.4. Judges are elected citizens. They are independent. Their office ends at retirement or loss of electoral right.
Article IV – Fundamental Rights
Decree I – General Provisions.
Section 1 – Human Rights.
1.1. The State Acknowledges all fundamental human rights as laid down in The United Nations Universal Declaration of Human Rights.
1.2. The State recognises the liberty and equality of all human beings.
1.3. Human dignity is to be be respected in all cases.
1.4. Every human is free to do or not to do what ever they so choose. Everyone is responsibilities for acts freely chosen.
1.5. All forms of slavery are to be abolished.
Section 2 – Applicability.
2.1 Fundamental rights apply to natural persons, be they domestic or foreign, who are assigned these rights. The apply to legal persons, be they domestic or foreign, where, and to the extent that, the nature of the rights permit.
2.2 Fundamental rights of any person or persons are inviolable and inalienable and include the freedom not to make use of any of those rights.
2.3 The exercise of any rights may, in single instances by the free and responsible declaration of the right holder, be waived.
2.4 Such decisions as in IV I 2.2. are never binding in future instances.
Decree II – Liberties.
Declaration I – Integrity.
Section 3 – Personal Integrity.
3.1. Every person has the right to life and bodily integrity.
3.2. Every person has the right to remain free.
3.3. All Strathan citizens are free to reside anywhere in, move throughout, enter an leave the territory of The State – subject to any special exceptions.
3.4. Capital and corporal punishment are hereby outlawed in accordance with IV II I 3.1.
3.5. Torture is outlawed under the same premises.
Section 4 – Property Integrity and Related Rights.
4.1. Everyone has a right to a home and all necessities for life provided by The State.
4.2. Luxury items may be acquired through hard work, but not through the exploitation of others.
4.3. Luxury items may not be used to exploit others.
Section 5 – Right to Testify and Inherit.
Everyone has the right to testify and to inherit.
Declaration II – Freedom of Beliefs.
Section 6 – Freedom of Religious, Spiritual and Political Beliefs.
6.1. Everyone has the right to choose and to practice their own religious, creed, conscience, political, spiritual, or other beliefs
6.2. Everyone can refuse to give or to follow religious instructions.
6.3. Everyone can, on the basis of belief or conscience, refuse to serve in The Strathan Militia or security services.
Declaration III – Freedom of Communication.
Section 7 – Freedom of Expression and Information
7.1. Everyone has the right to freely express and disseminate their own opinions.
7.2. The freedom of all press and media is to be guaranteed.
7.3. Everyone has the right to request and freely retrieve information from publicly available sources.
7.4. Everyone has the right to request and freely retrieve information held on them as per The Data Protection Act 1998 which the Strathan Government, being under the rule of The United Kingdom, shall adopt.
7.5. Censorship of all kinds is strictly outlawed.
Section 8 – Rights to Assemble and Associate.
8.1. Everyone has the right to peacefully assemble.
8.2. Everyone has the right to associate with others excepting in the case of the formation of political parties.
8.3. Every legal adult, persons being over the age of 16, has the right to marry one partner.
Section 9 – Rights to Privacy.
9.1. Everyone has the right to privacy.
9.2. The home is inviolable.
9.3. The privacy of letters as well as the secrecy of mail, telecommunications and other forms of private communication are also inviolable.
Declaration IV – Freedom of Profession and Activities.
Section 10 – Freedom of Profession.
10.1. All citizens have the right to freely chose their occupation, places of work, and their places of study and training.
10.2. Citizens out-with full-time education must have some sort of occupation.
Section 11 – Freedom of Research, Science and Training.
11.1. Everyone has the right to research and conduct science, so long as all research falls within the rules and moral codes of The Strathan Institute for Scientific Research and Development.
11.2. Everyone has the right to perform arts.
11.3. Everyone has the right to teach, so long as the teaching falls within the guidelines of The Strathan Qualifications Council.
Declaration V – Political Rights.
Section 12 – Electoral Rights.
12.1. All resident adults have the equal right to vote and to be elected in all elections.
12.2. There is no compulsory voting, all voting is free, open and voluntary.
12.3. Anyone who has attained the age of sixteen years is legally an adult.
Section 13 – Right to Petition.
Everyone has the right to address written petitions to the competent agencies, government bodies and parliament.
Section 14 – Rights to Citizenship.
14.1 Citizens can at any time choose to give up their citizenship of Strathy.
14.2 Citizens cannot, under any circumstances or at any time, be forced to relinquish their citizenship.
14.3 All non-citizens have the right to apply for Strathan Citizenship.
Section 15 – Rights to Self-Determination and Resistance.
15.1. Everyone has the rights to collective or individual self-determination including the right to decide about membership in State, Republic or Communal activities. The State guarantees these rights through adequate powers of devolved Republic and Communal governments.
15.2. Everyone has the right to civil disobedience and resistance against any attempts to abolish this constitutional order, should no other means be available.
Section 16 – Abolition of Political Parties.
No political parties may be formed by any group of individuals. All members of every layer of government are in office as individuals and as independent candidates tasked with representing the views of the people, not a party.
Decree III – Equality.
Section 17 – Equality.
17.1. All humans, be the citizens of the state or otherwise, are all considered equal before the law.
17.2. Matrimonial equality and legitimacy equality are guaranteed under this constitution.
17.3. All citizens are equally eligible for public office according to their professional aptitude.
Section 18 – Prohibition of Discrimination and Privileges.
No person may be discriminated against or granted privileges on the grounds of gender, gender identity, sexual orientation, origin, race, skin tone, religion, language, creed, parentage, creed, faith, nobility, disability, schooling, etc.
Section 19 – Abolition of Nobility.
No titles of nobility may be granted by the state or other entities. Titles of nobility are no longer to be considered part of the family name. All existing titles of nobility are abolished and nullified.
Decree IV – Right to Protection.
Section 20 – Special Protections
20.1. Protection of human dignity is a duty of The State.
20.2. Families, minors and parents have the special protection of The State
20.3. Everyone persecuted on political or religious grounds has the right to seek asylum.
Decree V – Welfare Rights.
Section 21 – Special Support.
21.1. Everyone has the right to livelihood, healthcare, shelter and education.
21.2. Parents of young children have the special support of the state.
Decree VI – Procedural Rights
Section 22 – Access To The Courts.
22.1. Everyone has the right to free recourse to the courts.
22.2. Everyone has the right to a constitutional judges. Extraordinary courts are not allowed.
22.3. Persons and groups have free recourse to the court acting for other right holders not being in a position to speak in their own name under the right to third party standing.
Section 23 – Rights to a Fair Trail.
23.1. Everyone has the right to a free trial, evidence obtained unlawfully is inadmissible.
23.2. Everyone has the right to access of files, allowing access to all state information requried for the exercise of protection of any of their rights.
23.3. Everyone has the right to trial by jury.
23.4. No one may be deprived of life or liberty without due process of law.
23.5. No law shall be passed stipulating regulations of the past without due compensation for all losses.
Section 24 – Criminal Justice.
24.1. No act may be punished unless it constitutes a criminal offence under Strathan law before having been committed.
24.2. One may be charge for the same offence more than once if new evidence arises and it brought before a court.
24.3. Only judges may indict, or subpoena persons, or issue warrants for arrest, search or seizure.
24.4. Everyone accused or arrested has the right:
24.4.1. To a speedy and public trial.
24.4.2. To be presumed innocent until proven otherwise.
24.4.3. Not to be brought as a witness against themselves
24.4.4. to be promptly informed as to the reason of arrest, accusation, or detention and about rights to silence.
24.4.5. To a counsel for defence.
24.4.6. To communication with next of kin, partner, and advisers or counsellors.
24.4.7. To be released no more than 96 hours after the arrest if not officially charged or further detained after court hearing.
24.4.8. To redress in the case of false imprisonment.
Section 25 – Prohibition of Extradition.
No citizens of The State may be, under any circumstances, extradited to a foreign country.
Article V – Individual Restrictions
Decree I – General Provisions.
Section 1 – Admissible Restrictions.
1.1. The State reserves the right to apply restrictions on individual rights only for the purposes of protecting the individual rights of other persons or furthering other interests of The State explicitly mentioned in this constitution.
1.2. 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 said constitutional interest. In no case may the essence of any of the fundamental rights be infringed upon.
1.3. Any restriction must apply generally and not solely to an individual case.
Section 2 – Special Restrictions.
2.1. Possession and use of drugs presenting a strong and imminent danger to the general public are outlawed.
2.2. Possession and used of firearms without a permit under The United Kingdom Firearms Act 1968 is prohibited.
Decree II – Duties of Citizens.
Section 3 – General Duties.
3.1. Parents have the duty to rear and to educate their children.
3.2. Adults have the duty to support and assist their parents if and when the need so arises.
3.3. Parents and children have the duty to ensure that all minors attend schools.
Section 4 – Civil Service.
4.1. Every citizen between the ages of 16 and 30 must serve at least one year in the Strathan Militia, The Security Services or unarmed Civil Services.
4.2. Whoever is unable to serve is liable for compensation of the community.
Decree III – Burdens.
Section 5 – Taxation.
5.1. The State will levy taxes from the citizens of The State.
5.2. The State will levy taxes throughout the State Territory.
Section 6 – Public Insurance.
The State establishes the public insurance of all citizens, their health and their homes.
Decree IV – State Monopolies
Section 7 – Monopolies on Objects.
No one by The State may own heavy weapons, heavy machinery or ultra-hazardous material.
Section 8 – Monopolies on Activities
8.1. No one but The State may coin or print money.
8.2. The State retains monopolies on mail, telecommunication networks, transport, healthcare, education, utilities, and infrastructural networks.
Decree V – Forfeiture of Fundamental Rights.
Section 9 – Forfeiture of Rights.
9.1. Persons who abuse their fundamental rights in order to combat the free democratic order of The State and it's laws forfeit these rights.
9.2. Such forfeiture, and the extent thereof, is determined solely by The Supreme Court of The Strathan Republics.
Section 10 – Deprivation of Electoral Rights.
10.1. By final court order, the right to vote and to be elected can, partially or at large, temporarily or unlimitedly, be suspended if an adult:
10.1.1. has not the requisite mental capacity for any legal understanding or responsibility, or;
10.1.2. has irrevocably been sentenced to at least one year of imprisonment.