An Act to constitute the Republic of Mikeynation.
WHEREAS the people of Mikeyland have agreed to create a nation under the Constitution hereby established, be it therefore enacted as follows:

1. Short Title. This Act may be cited as the Republic of Mikeynation Constitution Act.

2. Commencement of Act. The Republic shall be established, and the Constitution of the Republic shall take effect, on and after the day so appointed.

3. Operation of the Constitution and laws. This Act, and all laws made by the Parliament of the Republic under the Constitution, shall be binding on the courts, judges, and of every part of the Republic.

4. Definitions. The Republic shall mean the Republic of Mikeynation as established under this Act.

5. Constitution. The Constitution of the Republic shall be as follows.

The Constitution.

The Constitution is divided as follows:
Chapter I - The Executive.
Chapter II - The Legislature.
Chapter III - The Judicature
Chapter IV - Finance
Chapter V - Rights and Duties
Chapter VI - Miscellaneous
Chapter VII - Alteration of the Constitution
The Schedule.


Chapter I - The Executive.

1. Executive power. The executive power of the Republic shall be vested in the President of The Republic, and extends to the execution and the maintenance of this Constitution, and the laws of the Republic.

2. President of the Republic. A President shall be elected directly of and by the people of the Republic, in such a manner that Parliament prescribes, for a term not more than one-thousand, four hundred and sixty-one days, where the people of the Republic shall vote as one electorate.

3. Qualification of electors. Electors for the President shall be the citizens of the Republic, natural-born or naturalized, of the age of eighteen years or above, and each citizen may only have one vote.

4. Writs for the election of the President. Writs for the election of the President shall be issued:

1. by the Legislative Assembly upon the natural expiry of the term of the President, or on occasion of death of the President, or resignation of the President from the office thereof; or
2. by the Chief Justice of the Supreme Court, with the confidence of the other Justices thereof, upon the vacancy of the office of the President on the ground of proved misbehavior, incapacity or disqualification.

The writs shall be issued within fourteen days of the expiry of a presidency or from the proclamation of termination thereof.

5. Salary of the President of the Republic. There shall be payable to the office of the President out of the Consolidated Revenue Fund of the Republic, for the salary of the President, an annual sum which, until the Parliament otherwise provides, shall be approximately twice the average earnings per annum of the people of the Republic, as shown by the latest statistics of the Republic, and shall not be increased nor diminished during the term for which he or she is elected.

6. Qualifications of President of the Republic. The qualifications of the President shall be as follows:

1. he or she must be of the age of eighteen years or above, and must be an elector entitled to vote at the election of the President, and must be resident within the limits of the Republic; and
2. he or she must be a citizen of the Republic, either natural-born or naturalized.

7. Disqualification. Any person who:

1. is in the same session a sitting member of Parliament of the Republic;
2. is in the same session a Justice of the Supreme Court or any other court created by Parliament;
3. in under any acknowledgment of allegiance, obedience, or adherence to a foreign power, or is a subject or citizen or entitled to the rights or privileges of a subject or a citizen of a foreign power; or
4. is attained of treason, or has been convicted and is under sentence, or subject to be sentenced, for any offence punishable by the law of the Republic by imprisonment for more than one year or longer; or
5. is an undischarged bankrupt or insolvent; or
6. has any direct or indirect pecuniary interest in any agreement either the Public Service of the Republic otherwise than as a member and in common with the other members of an incorporated company consisting of more than twenty-five persons;

shall be incapable of being chosen as the President of the Republic.

8. Ministers of State. The President may, with the confidence of the Parliament, appoint officers to administer such Ministries of State of the Republic. Such officers shall hold office during the pleasure of the President, and shall be the Republic's Ministers of State.

9. Number of Ministers. Until Parliament otherwise provides, the Ministers of State shall not exceed ten in number, and shall hold such offices as the Parliament prescribes.

10. Salaries of Ministers. There shall be payable, out of the Consolidated Revenue Fund of the Republic, moneys for the salaries of the Ministers of State, an annual sum as prescribed by the Parliament, and shall not be increased nor diminished during the term for which he or she is appointed.

11. Appointment of civil servants. Until the Parliament otherwise provides, the appointment and removal of all other officers of the Executive Government of the Republic shall be vested in the President, unless the appointment is delegated by the President or by a law of the Republic to some other authority.

12. Command of military forces. The command in chief of the land, sea and air forces of the Republic shall be vested in the President of the Republic.

13. Absence of President. Before or during the temporary absence of the President due to health, vacation or otherwise, he or she may choose a Minister of State to perform his or her duties in his or her absence.

14. Resignation of President of the Republic. The President of the Republic may resign his office in writing to and on an address from the Parliament.

15. Vacancy on happening of disqualification. If the President:

1. becomes subject to any of the disabilities mentioned in section seven; or
2. takes the benefit, whether by assignment, composition or otherwise, of any law relating to bankrupt or insolvent debtors; or
3. directly or indirectly takes or agrees to take any fee or honorarium for services rendered to the Republic, or for services rendered to any person;

his or her office shall thereupon become vacant. The Legislative Assembly shall issue its writ for the election of a new president by the people of the Republic.


Chapter II - The Legislature.

Part I - General

16. Legislative Power. The legislative power of the Republic shall be vested in the Parliament, which shall consist of a Legislative Assembly, and shall hereinafter be called the Parliament or the Parliament of the Republic.

17. The first sitting of the Parliament following a general election. The Parliament shall be summoned to meet not later than thirty days after the day so appointed for the return of the writs.

18. Sessions of Parliament. There shall be a session of the Parliament at least once a year, so that twelve months shall not intervene between the last sitting of the Parliament in one session and the first sitting of the next session.

The Legislative Assembly may appoint such times for holding sessions of Parliament as it sees fit, and may, from time to time, by way of two-thirds majority vote, prorogue the Parliament and may, in like manner, dissolve the Legislative Assembly.

Part II - The Legislative Assembly.

19. Constitution of the Legislative Assembly. The Legislative Assembly shall be composed members directly chosen by the people of the Republic and members chosen from publicly available party lists, which shall be registered on the Party Register.

The number of members of the Legislative Assembly shall be chosen such that each party seats an equivalent number of members to proportion of votes as cast by electors. The Legislative Assembly shall consist of not less than fifty and not more than one hundred members and shall, until Parliament otherwise provides, be determined, whenever necessary, in the following manner:

1. one member shall be chosen from each of the fifty electoral divisions by the citizens residing in those respective divisions; and,
2. each party shall, if necessary and subject to this Constitution, seat additional members from their party lists to, as near as practical, fill the proportion of the Legislative Assembly afforded to them, where the people of the Republic vote as one electorate.

20. No member representing an electoral division shall be deprived his seat. No party or member elected to represent an electoral division by the people of that division shall be deprived of that seat, regardless of proportional party vote.

21. Alteration of number of members. Subject to this Constitution, the Parliament may make laws for the increasing of diminishing the number of members of the Legislative Assembly.

22. Duration of the Legislative Assembly. Every Legislative Assembly shall continue for not longer than one-thousand, four hundred and sixty-one days from the first meeting of the Assembly, but may be sooner dissolved by motion of the Assembly.

23. Electoral divisions. There shall be fifty geographically contiguous electoral divisions and each division shall contain one-fiftieth of the total number of people, as shown by the latest statistics of the Republic; the Parliament may, if necessary, make laws for determining or to alter the boundaries of such divisions.

24. Party Register. All parliamentary parties, and the sitting members of and candidates for the Legislative Assembly who hold membership of those parties, for the purpose of constituting the Legislative Assembly, shall be noted upon the Party Register.

25. Qualifications of electors. Electors of the Legislative Assembly shall be the citizens of the Republic of the age of eighteen years or above, and each citizen may only have one vote.

26. Writs for general election. Writs for the general elections of members of the Legislative Assembly shall be issued by the President of the Republic, upon the natural expiry of the Legislative Assembly, or of the premature dissolution thereof, as moved by a two-thirds majority of members of the Assembly.

The writs shall be issued within fourteen days of the expiry of the Legislative Assembly or from the proclamation of dissolution thereof, but not within thirty days of the writ being issued for the election of the President of the Republic.

27. Writs for vacancies. Whenever a vacancy occurs in the Legislative Assembly, the Speaker shall issue his writ for the election of a new member.

28. Qualifications of members. The qualifications of a member of the Legislative Assembly shall be as follows:

1. he or she must be of the age of eighteen years or above, and must be an elector entitled to vote at the election of members of the Legislative Assembly, and must be resident within the limits of the Republic; and
2. he or she must be a citizen of the Republic, either natural-born or naturalized.

29. Disqualification. Any person who:

1. is in the same session the President of the Republic;
2. is in the same session a Justice of the Supreme Court or any other court created by Parliament; or
3. in under any acknowledgment of allegiance, obedience, or adherence to a foreign power, or is a subject or citizen or entitled to the rights or privileges of a subject or a citizen of a foreign power; or
4. is attained of treason, or has been convicted and is under sentence, or subject to be sentenced, for any offence punishable by the law of the Republic by imprisonment for more than one year or longer; or
5. is an undischarged bankrupt or insolvent; or
6. has any direct or indirect pecuniary interest in any agreement either the Public Service of the Republic otherwise than as a member and in common with the other members of an incorporated company consisting of more than twenty-five persons

shall be incapable of being chosen or of sitting as a member of the Legislative Assembly.

30. Election of Speaker. The Legislative Assembly shall, before proceeding to the despatch of other business, choose a member to be the Speaker of the Assembly and as often as the office of Speaker becomes vacant the Assembly shall again choose a member to be the Speaker.

The Speaker shall cease to hold office if he or she ceases to be a member of the Legislative Assembly. He or she may be removed by a vote of the Assembly or he may resign his office by writing to and address from the Parliament.

31. Absence of Speaker. Before or during the absence of the Speaker, the Legislative Assembly may choose a member to perform his or her duties in his or her absence.

32. Resignation of member. A member may resign his or her place, by writing addressed to the Speaker, which thereupon becomes vacant.

33. Vacancy by absence. The place of a member shall become vacant if for two or more months of any session of the Parliament he or she, without consent of the Assembly, fails to attend the Assembly.

34. Vacancy on happening of disqualification. If a member of the Legislative Assembly:

1. becomes subject to any of the disabilities mentioned in section twenty-nine; or
2. takes the benefit, whether by assignment, composition or otherwise, of any law relating to bankrupt or insolvent debtors; or
3. directly or indirectly takes or agrees to take any fee or honorarium for services rendered to the Republic, or for services rendered to any person;

his or her place shall thereupon become vacant.

35. Quorum. Until the Parliament otherwise provides, the presence of at least one-half of the whole number of the members of the whole Legislative Assembly shall be necessary to constitute a meeting of the Assembly for the exercise of its powers.

36. Voting in the Legislative Assembly. Questions arising in the Legislative Assembly shall be determined by a majority of votes other than that of the Speaker. The Speaker shall not vote unless the numbers are equal, and then he or she shall have a casting vote.

37. Allowance to members. Until the Parliament otherwise provides, each member of the Legislative Assembly shall per annum receive approximately one and a half times the average yearly earnings of the people of the Republic, as shown by the latest statistics of the Republic, and shall not be increased nor diminished during the term for which he or she is elected.

38. Privileges et cetera of the Assembly. The powers, privileges, and immunities of the Legislative Assembly shall be as such declared by the Parliament.

39. Rules and orders. The Legislative Assembly may make rules and orders with respect to:

1. the mode in which its powers, privileges, and immunities may be exercised and upheld; and
2. the order and conduct of its business and proceedings.

Part III - Powers of the Parliament.

40. Legislative powers of the Parliament. The Parliament shall, subject to this Constitution, have power to make laws for the peace, order, and good government of the Republic with respect to:

1. trade and commerce with other countries;
2. taxation;
3. duties of customs or of excise, or of bounties on the production or export of goods, and of import of goods;
4. borrowing of money on the public credit of the Republic;
5. postal, broad- and narrowcasting, telecommunication and other like services;
6. the military defence of the Republic, and the control of the forces to execute and maintain the laws of the Republic;
7. air and sea navigation and overland transportation;
8. astronomical and meteorogical observations;
9. quarantine;
10. fisheries;
11. census and statistics;
12. currency, coinage and legal tender;
13. banking;
14. insurance;
15. weights and measures;
16. bills of exchange and promissory notes;
17. bankruptcy and insolvency;
18. copyrights, patents of invention and designs, trade marks and other intellectual property;
19. naturalization and aliens;
20. foreign corporations, and trading or financial corporations formed within the Republic;
21. marriage, divorce and matrimonial causes; and in relation to parental rights, and the custody and guardianships of infants;
22. invalid, old-age and widows' pensions, maternity allowances, child endowment, unemployed, pharmaceutical, sickness and hospital benefits, medical and dentist services, benefits to students and family allowances;
23. public health and welfare;
24. education and public instruction;
25. land use and natural resources;
26. civil order and safety;
27. the service and execution throughout the Republic of the civil and criminal process;
28. the recognition of the law, the public Acts and records;
29. immigration and emigration;
30. external affairs;
31. the acquisition of property on just terms from any person for any purpose in respect of which the Parliament has power to make laws;
32. the control of road, rail and sea routes for the military purposes of the Republic;
33. conciliation and arbitration for the prevention of industrial disputes;
34. matters in respect of which this Constitution makes provision until the Parliament otherwise provides;
35. matters incidental to the execution of any power vested by this Constitution in the Parliament or in the Government of the Republic, or in the Judicature, or in any department or officer of the Republic.

41. Exclusive powers of the Parliament. The Parliament shall, subject to this Constitution, have exclusive power to make laws for the peace, order, and good government of the Republic with respect to:

1. the seat of government of the Republic, and all places acquired by the Republic for public purposes;
2. matters relating to any department of the public service;
3. other matters declared by this constitution to be within the exclusive power of the Parliament.

42. Appropriation bills. The proposed law which appropriates revenue or moneys for the ordinary annual services of the Government shall deal with only such appropriation.

43. Tax bill. Laws imposing taxation shall deal only with the imposition of taxation, and any provision therein dealing with any other matter shall be of no effect.

Laws imposing taxation, except laws imposing duties of customs, or of excise, shall deal with one subject of taxation only; but laws imposing duties of customs shall deal with duties of customs only, and laws imposing excise shall deal with excise only.

44. Recommendation of money votes. A vote, resolution, or proposed law for the appropriation of revenue or moneys shall not be passed unless the purpose of the appropriation has in the same session been recommended by message of the President to the Assembly.

45. Presidential assent to bills. When a proposed law passed by Parliament is presented to the President for his or her assent, he or she shall declare, according to his discretion, but subject to this Constitution, that he or she assents in the Republic's name, or that he or she withholds assent.

The President may return to the Parliament any proposed law so presented to him or her, and may transmit therewith any amendments which he or she may recommend, and the Parliament may deal with the recommendation.


Chapter III - The Judicature.

46. Judicial powers and Courts. The judicial power of the Republic shall be vested a Supreme Court, and in other such courts as the Parliament creates. The Supreme Court shall consist of a Chief Justice, and so many other Justices, not less than two, as the Parliament prescribes.

47. Judges' appointments, tenure, and remuneration. The Justices of the Supreme Court and of the other courts created by Parliament:

1. shall be appointed by the President for a term expiring upon his or her attaining the age of seventy years, and a person shall not be appointed as a Justice of the Supreme Court or other courts created by Parliament if he or she has attained that age;
2. shall not be removed except by the President, on an address from the Parliament in the same session, praying for such removal on the ground of proved misbehavior or incapacity;
3. shall receive such remuneration as the Parliament may fix; but the remuneration shall not be diminished during their continuance in office;
4. may resign his or her office by writing under his or her own hand delivered to the President.

48. Appellate jurisdiction of the Supreme Court. The Supreme Court shall have jurisdiction, with such exceptions and subject to such regulations as the Parliament prescribes, to hear and determine appeals from all judgments, decrees and sentences:

1. of any Justice or Justices exercising the original jurisdiction of the Supreme Court;
2. of any other court of the Republic;

and the judgment of the Supreme Court shall in all such cases be final and conclusive.

49. Appeal to the President. No appeal shall be permitted to the President from a decision arising from a decision of the Supreme Court upon any question.

50. Original jurisdiction of the Supreme Court. In all matters:

1. arising under any treaty;
2. affecting consuls or other representatives of other countries;
3. in which the Republic, or a person is suing or being sued on behalf of the Republic, is a party;
4. in which a writ of Mandamus or prohibition or an injunction is sought against an officer of the Republic;

the Supreme Court shall have original jurisdiction.

51. Addition to original jurisdiction. The Parliament may make laws conferring original jurisdiction on the Supreme Court in any matter:

1. arising under this Constitution, or involving its interpretation;
2. arising under any laws made by the Parliament, including such Acts involving the impeachment or removal from office of the President;
3. of Admiralty and maritime jurisdiction.

52. Power to define jurisdiction. With respect to any of the matters mentioned in the last two sections the Parliament may make laws defining the jurisdiction of any court other than the Supreme Court.

53. Proceedings against the Republic. The Parliament may make laws conferring rights to proceed against the Republic in respect of matters within the limits of the judicial power.

54. Number of judges. The jurisdiction of any court may be exercised by such number of judges as the Parliament prescribes.

55. Trial by jury. The trial on indictment of any offence against any law of the Republic shall be by jury, and every such trial shall be held at such place or places as the Parliament prescribes.


Chapter IV - Finance.

56. Consolidated Revenue Fund. All revenues or moneys raised or received by the Executive Government of the Republic shall form one Consolidated Revenue Fund, to be appropriated for the purposes of the Republic in the manner and subject to the charges and liabilities imposed by this Constitution.

57. Expenditure charged thereon. The costs, charges, and expenses incident to the collection, management, and receipt of the Consolidated Revenue Fund shall form the first charge thereon; and the revenue of the Republic shall in the first instance be applied to the payment of the expenditure of the Republic.

58. Money to be appropriated by law. No money shall be drawn from the Treasury of the Republic except under appropriation made by law.


Chapter V - Rights and Duties.

59. Applicability of rights. All individuals within the limits of the Republic, they being citizens, residents and visitors, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status, shall be afforded, where appropriate, rights as set forth in this Constitution. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty.

60. Exercise of rights. In the exercise of his or her rights and freedoms, he or she shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in the democratic society of the Republic.

These rights and freedoms may in no case be exercised contrary to the purposes and principles of the Republic. Nothing in this Constitution may be interpreted as implying for the Republic, any group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth herein.

61. Rights. Every individual, he or she being a citizen, resident, or visitor, within the limits of the Republic, is afforded the rights:

1. to life, liberty and security of person;
2. to not be held in slavery or servitude;
3. to not be subjected to torture or to cruel, inhuman or degrading treatment or punishment;
4. to recognition everywhere as a person before the law;
5. to equal protection of the law, without any discrimination and against any incitement to such discrimination;
6. to an effective remedy by the courts for acts violating the fundamental rights granted him by this Constitution or by law;
7. to not be subjected to arbitrary arrest, detention, exile or deportation;
8. to a fair and public hearing, in full equality, by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him;
9. if charged with a penal offence, to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence; he or she shall not be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence, under Republic or international law, at the time when it was committed, nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed;
10. to not be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation;
11. to freedom of movement within the borders of the Republic, and to leave the Republic;
12. to seek and to enjoy in other countries asylum from persecution, although this right may not be invoked in the case of prosecutions genuinely arising from non-political crimes;
13. to a nationality; no one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality;
14. to marry and to found a family, without any limitation due to sex, sexual preference, race, nationality or religion; and marriage shall be entered into only with the free and full consent of the intending spouses;
15. to own property alone as well as in association with others, and he or she shall not be arbitrarily deprived of his property;
16. to freedom of thought, conscience and religion, freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance;
17. to freedom of opinion and expression, freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers;
18. to freedom of peaceful assembly and association;
19. to a standard of living adequate for the health and wellbeing, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of sickness, disability, widowhood, old age or other events in circumstances beyond his control;

62. Exclusive rights of citizens and residents. Citizens and residents of the Republic, in addition to the rights afforded to them in the previous section, shall have the rights:

1. to take part in the government, directly or through freely chosen representatives; the will of the people shall be the basis of the authority of government, and this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures;
2. of equal access to public service;
3. to freedom of movement and residence within the borders of the Republic, and to enter and leave the Republic;
4. to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment; to equal pay for equal work; to just and favourable remuneration ensuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection; to form and to join trade unions for the protection of his interests;
5. to a standard of living adequate for the health and well, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control;
6. to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay;
7. to security in the event of unemployment;
8. to social security and to realization, through national effort and international co-operation and in accordance with the organization and resources of the Republic, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality;
9. to education, free and secular, at least in the elementary and fundamental stages; elementary education shall be compulsory, technical and professional education shall be generally available, and higher education shall be equally accessible to all on the basis of merit.

63. Laws contrary to rights. No law shall be passed such that is contrary to any of the rights set forth in the two previous sections.

64. Duties. All individuals within the limits of the Republic shall have the duties to the community in which alone the free and full development of his personality is possible.


Chapter VI - Miscellaneous.

65. Seat of Government. The seat of Government of the Republic shall be determined by Parliament, and shall be within territory which shall have been granted to or acquired by the Republic, and shall be vested in and belong to the Republic, and be free of regulation and jurisdiction no other authority except the Parliament or, if the Parliament prescribes, an authority delegated as such by the Parliament.


Chapter VII - Alteration of the Constitution.

66. Mode of altering the Constitution. This Constitution shall not be altered except in the following manner:

The proposed law for the alteration thereof must be passed by the majority of the Legislative Assembly of the Parliament and not less than two nor more than six months after its passage through the Parliament the proposed law shall be submitted to the electors of the Republic qualified for the election of members of the Legislative Assembly.

When a proposed law is submitted to the electors the vote shall be taken in such a manner as the Parliament prescribes, where the people of the Republic vote as one electorate. And if a majority of electors voting approve the proposed law, it shall be presented for the President for the President's assent.


Schedule.

OATH

I, A.B., do swear that I will be faithful and bear true allegiance to the Republic of Mikeynation, its citizens, and promote the ideals, values and rights for which the Republic and its people stand.


AFFIRMATION

I, A.B., do solemnly and sincerely affirm and declare that I will be faithful and bear true allegiance to the Republic of Mikeynation, its citizens, and promote the ideals, values and rights for which the Republic and its people stand.