NSG Senate Coffee Shop: 50% off Americanos [NSG Senate]

[New Bierstaat]

Sponsored

Thank you!

Sponsored.

What party are you from? (and do you have a district?)

[New Zepuha]

Sponsored

Thank you!

Sponsored.

What party are you from? (and do you have a district?)

He is an independent with no district.

[New Bierstaat]

Thank you!

What party are you from? (and do you have a district?)

He is an independent with no district.

Added, thanks.

[The Neo-Confederate States of America]

Draft stage for now, anyone got anything to add? I also need sponsors, hopefully a lot of sponsors. I'd like to have fifteen before I submit it.

RESOLUTION
CONDEMNING PAFLA AND ITS ATTACK ON LEISHAAGEN

Urgency: High | Author: Sen. Buck Jones (New Bierstaat) (L-20) | Category: Law and Order
Sponsors: Jen Coren (Corenea) (R-456); Charles Machiavelli (Dendart) (CM); Branko Aleksic (Macedonian Grand Empire) (R-106); Adam Nolan (Uiiop) (ND-42); Ganja-Lord Tupac (I-AL)

Whereas, in January 2014, the organization known as the "People's Armed Force for the Liberation of Aurentina (PAFLA)" engaged in a terrorist action in Leishaagen, killing over 600 people and destroying at least two buildings;

Whereas the attack was the worst ever seen on Aurentine soil since independence;

Whereas PAFLA's attacks and stated mission are not the will of the people and seek to overwhelm the will of the Aurentine people by overthrow of a democratically elected government; and

Whereas the investigation to identify and prosecute the responsible parties is ongoing:

The Senate of Aurentina:

1. condemns, in the strongest of terms, the terrorist acts committed in January 2014 in the near southeast district of Leishaagen;
2. offers its condolences to the families and friends of those who were killed or injured as a result of the attacks;
3. condemns PAFLA as an anti-government terrorist organization and marks it as such for government and prosecution purposes; and
4. thanks the Gendarmes for their continued service to our nation in a time of peril.

I sponsor

[New Bierstaat]

Draft stage for now, anyone got anything to add? I also need sponsors, hopefully a lot of sponsors. I'd like to have fifteen before I submit it.

RESOLUTION
CONDEMNING PAFLA AND ITS ATTACK ON LEISHAAGEN

Urgency: High | Author: Sen. Buck Jones (New Bierstaat) (L-20) | Category: Law and Order
Sponsors: Jen Coren (Corenea) (R-456); Charles Machiavelli (Dendart) (CM); Branko Aleksic (Macedonian Grand Empire) (R-106); Adam Nolan (Uiiop) (ND-42); Ganja-Lord Tupac (I-AL)

Whereas, in January 2014, the organization known as the "People's Armed Force for the Liberation of Aurentina (PAFLA)" engaged in a terrorist action in Leishaagen, killing over 600 people and destroying at least two buildings;

Whereas the attack was the worst ever seen on Aurentine soil since independence;

Whereas PAFLA's attacks and stated mission are not the will of the people and seek to overwhelm the will of the Aurentine people by overthrow of a democratically elected government; and

Whereas the investigation to identify and prosecute the responsible parties is ongoing:

The Senate of Aurentina:

1. condemns, in the strongest of terms, the terrorist acts committed in January 2014 in the near southeast district of Leishaagen;
2. offers its condolences to the families and friends of those who were killed or injured as a result of the attacks;
3. condemns PAFLA as an anti-government terrorist organization and marks it as such for government and prosecution purposes; and
4. thanks the Gendarmes for their continued service to our nation in a time of peril.

I sponsor

Thank you! We're up to six. Keep 'em coming, guys!

[Zurkerx]

Draft stage for now, anyone got anything to add? I also need sponsors, hopefully a lot of sponsors. I'd like to have fifteen before I submit it.

RESOLUTION
CONDEMNING PAFLA AND ITS ATTACK ON LEISHAAGEN

Urgency: High | Author: Sen. Buck Jones (New Bierstaat) (L-20) | Category: Law and Order
Sponsors (6): Jen Coren (Corenea) (R-456); Charles Machiavelli (Dendart) (CM); Branko Aleksic (Macedonian Grand Empire) (R-106); Adam Nolan (Uiiop) (ND-42); Ganja-Lord Tupac (I-AL); Adriaan Vrjyet (The Neo-Confederate States of America) (L-72)

Whereas, in January 2014, the organization known as the "People's Armed Force for the Liberation of Aurentina (PAFLA)" engaged in a terrorist action in Leishaagen, killing over 600 people and destroying at least two buildings;

Whereas the attack was the worst ever seen on Aurentine soil since independence;

Whereas PAFLA's attacks and stated mission are not the will of the people and seek to overwhelm the will of the Aurentine people by overthrow of a democratically elected government; and

Whereas the investigation to identify and prosecute the responsible parties is ongoing:

The Senate of Aurentina:

1. condemns, in the strongest of terms, the terrorist acts committed in January 2014 in the near southeast district of Leishaagen;
2. offers its condolences to the families and friends of those who were killed or injured as a result of the attacks;
3. condemns PAFLA as an anti-government terrorist organization and marks it as such for government and prosecution purposes; and
4. thanks the Gendarmes for their continued service to our nation in a time of peril.

Definitely will sponsor.

[New Bierstaat]

Draft stage for now, anyone got anything to add? I also need sponsors, hopefully a lot of sponsors. I'd like to have fifteen before I submit it.

RESOLUTION
CONDEMNING PAFLA AND ITS ATTACK ON LEISHAAGEN

Urgency: High | Author: Sen. Buck Jones (New Bierstaat) (L-20) | Category: Law and Order
Sponsors (6): Jen Coren (Corenea) (R-456); Charles Machiavelli (Dendart) (CM); Branko Aleksic (Macedonian Grand Empire) (R-106); Adam Nolan (Uiiop) (ND-42); Ganja-Lord Tupac (I-AL); Adriaan Vrjyet (The Neo-Confederate States of America) (L-72)

Whereas, in January 2014, the organization known as the "People's Armed Force for the Liberation of Aurentina (PAFLA)" engaged in a terrorist action in Leishaagen, killing over 600 people and destroying at least two buildings;

Whereas the attack was the worst ever seen on Aurentine soil since independence;

Whereas PAFLA's attacks and stated mission are not the will of the people and seek to overwhelm the will of the Aurentine people by overthrow of a democratically elected government; and

Whereas the investigation to identify and prosecute the responsible parties is ongoing:

The Senate of Aurentina:

1. condemns, in the strongest of terms, the terrorist acts committed in January 2014 in the near southeast district of Leishaagen;
2. offers its condolences to the families and friends of those who were killed or injured as a result of the attacks;
3. condemns PAFLA as an anti-government terrorist organization and marks it as such for government and prosecution purposes; and
4. thanks the Gendarmes for their continued service to our nation in a time of peril.

Definitely will sponsor.

Thank you!

[Britanno]

Constitution of Aurentina

Category: Miscellaneous | Urgency: High | Authors: James Brit (Independent), Alexander Ainin (New Democratic Party), Boris Johnson (Aurentine Liberals and Moderates), Whatshisface Quendi (Independent), Whatshisface Nepal (Independent), Geoff Angleter (Reform Party), Otto Karl Ludwig Graf von Tyrannien (Classical Monarchist Party), Titolli de Medici (Classical Monarchist Party), Jonathan Bates (National Centre Party), John Geil (New Democratic Party), Wulukuno Porunalakai (New Democratic Party), James Fulflood (New Democratic Party), Robert Glasgia (Market Socialist Party) | Co-Sponsors: Buck Jones (Libertarian Party of Aurentina), Jennifer Coren (Reform Party), Marius Kurger (Iron Party), Branko Aleksic (Reform Party), Emilia Nuckerburg (Aurentine Liberals and Moderates), Benito Calvino (Libertarian Party of Aurentina)

Recognising that Aurentine currently has no form of official constitution.

Understanding the need for one to be immediately established.

We, the Senate and People of Aurentina, cognizant of our great heritage, mindful of the challenges any nation faces, and seeking to preserve a strong and free nation for both ourselves and generations to come, do hereby establish this Constitution, as the foundation for a new future steeped in the principles of justice, freedom and liberty. May it stand as a testament to our nation’s dedication to these principles.

Right to freedom

1. Every person shall have the right to live no matter what their crime shall be, and no law which provides for capital punishment shall be made.
2. No person shall be deprived of their personal liberties as stated below.
3. Every person shall have the following freedoms
(a) freedom of opinion and verbal expression;
(b) freedom to assemble peacefully and without arms;
(c) freedom to form political parties;
(d) freedom to form unions and associations;
(e) freedom to move to any region of the nation and reside in any part of the nation where permitted by the landowner; and
(f) freedom to engage in any occupation or be engaged in employment, industry and trade, as long as it abides by the laws of Aurentina.

Right to equality

1. No person shall be denied the equal protection of the law, and all shall be judged under the same law.
2. The state shall not discriminate, in laws or in words, among people on grounds of religion, race, caste, sexuality, tribe, sex, gender, origin (not including nationality) or ideological conviction.

Right to life

1. Every born person shall have the right to life.
2. Every person shall have the right to self defence within reason and proportionality.

Right to property

1. All people have the right to the ownership of, and the free management within legal boundaries of, their personal property, as well as any real property under the ownership of those citizens.
2. No people shall be deprived of their personal or real property unless it is legally constituted and with the condition of a just and prior compensation equal to the value of the property.
3. Real property may be requisitioned by the government for infrastructure or other public interests if a judge approves such a requisitioning. Real property may not be requisitioned by the government for private commercial interests.
4. The exceptions to the above are as follows:
• a) This right does not however, apply to or include any form of business institutions that are associated either with that person or the property of that person.
• b) This right does not however, apply to or include illegal items, substances or other property as according to law, such as, but not limited to, banned weapons and illegal narcotics.
• c) The taxation, levying of fines, et cetera upon property, or taxes and fines in general upon the population, of all kinds shall not be considered in violation of this right.

Right to freedom of belief and religion

1. Every person shall have the right to profess, practise and preserve their own religious beliefs chosen by them, as long as the beliefs they follow are non-exploitative and stay within the provisions laid out in this Constitution.
2. Every person shall have right to denounce religious beliefs if they see fit.
3. Every religious denomination shall have the right to maintain its independent existence, and for this purpose to manage and protect its religious places and religious trusts, in accordance with Constitution.
4. No person shall be entitled to convert another person from one religion to another except with voluntary consent.
5. The state shall not establish any law or take any action explicitly favouring or denouncing any religion based on its beliefs, cultural traditions or lack thereof as long as these beliefs and traditions are within the provisions laid out in this Constitution.
6. The state shall not establish an official religion.
7. No person shall be prosecuted purely for any belief they may hold.

Right to publication and broadcasting

1. There shall be no prior censorship by the state of publication and broadcasting or printing of any news item, editorial, article, feature or other reading or audio-visual material by any means including electronic publication, broadcasting and the press.
2. The state shall not censor any true published, transmitted or broadcasted information.
3. No broadcasting, publishing or transmission of material using radio, television, online or other types of digital or electronic equipment or medium, no such equipment or medium shall be closed or seized, or have any registration cancelled because of such broadcasting, publication or printing.
4. No newspaper, periodical or publication shall have its operations closed or real property seized, nor shall its registration be cancelled or publications be seized, merely for printing or publishing any truthful news items, articles, editorials, writings or other reading material.
5. No means of communication, including the press, electronic broadcasting and telephone, shall be obstructed except for utmost national safety as determined by legislation and the highest judge of the nation.

Right to health and environment

1. Every citizen and resident shall have the right to basic health services and medical services deemed necessary by a mental or physical health professional.
2. Every person shall have the right to air, ground and water conditions around said person's residence which do not cause or significantly contribute to disruptive health problems.

Right to education

1. Every citizen and resident shall have the right to free education from age four until the end of secondary education, which shall finish during their nineteenth year.

Right to culture

1. Each community residing has the right to use, preserve and promote its language, script, culture, cultural civilisation and heritage with private funds provided it is not in interference with national or local safety or the health and liberties of others.

Rights of children

1. Every child shall have the right to their own identity and name.
2. Every child shall have the right to be nurtured to basic health and social security.
3. Every child shall have the right not to be subjected to physical, mental or any other form of exploitation. Any such act of exploitation performed by a criminally responsible person shall be punishable by law and any child so treated shall be compensated as determined by law.
4. No minor (under the age of 16) shall be employed as a manual labourer in factories, mines or in any other hazardous work nor shall be used in any military or police forces.

Rights regarding justice

1. No person shall be detained without being informed of the ground for such an arrest.
2. The person who is arrested shall have the right to consult a legal practitioner of his/her choice during the arrest, chosen at the time of the arrest. The consultation made by such a person with the legal practitioner (any person who is authorized by law to represent any person in any court) and the advice given thereon shall remain confidential, and such a person shall not be denied the right to be defended by his/her their legal practitioner.
3. Every person who is arrested shall be produced before a judicial authority within a period of twenty-four hours after such arrest or consultation of desired legal advice, whichever is longer. This time excludes the time necessary for the journey from the place of arrest to such authority, and the arrested person shall not be detained in custody beyond the said period except on the order of judicial authority.
4. No person shall be punished for an act which was not punishable by law when the act was committed, and no person shall be subjected to a punishment greater than that prescribed by the law in force at the time of the offence.
5. No person accused of any offence shall be assumed to be an offender until proven guilty.
6. No person shall be prosecuted or punished for the same offence in a court of law more than once.
7. No person accused of any offence shall be compelled to be a witness against themself.
8. Every person undergoing trial shall have the right to be informed about the proceedings of the trial.
9. Every person shall be entitled to a fair trial by a competent court or judicial authority.
10. Any indigent person shall have the right to free legal aid in accordance with law.

Right against preventive detention

1. No person shall be held under preventive detention unless they have committed a conspiracy crime.
2. If an authority detains a person contrary to law or in bad faith, the person detained is entitled to compensation under the law.

Right to humane detention

1. No person who is detained during investigation, for trial, as a punishment for a crime or for any other reason shall be subjected to physical or mental torture, or be treated in a cruel, inhuman or degrading manner.
2. No person who is detained shall be treated differently with regards to the terms of their detention from those who have committed or are alleged to have committed the same crime.

Right to information

1. Every citizen or resident shall have the right to request or obtain information from the government on any matters of concern to themself or to the public provided this does not infringe upon national security as determined by appropriate judicial means, involving the decision of at least one judge.

Right to privacy

1. Except in extreme circumstances provided by law, details in relation to the person, and to their documents, records and correspondence, and their legal actions shall not be distributed to the general populace by the government.
2. Every person has the right to keep the details mentioned above from the knowledge of the public.

Right against exploitation

1. No person shall be subjected to human trafficking, slavery or bonded labour.
2. No person shall be subject to forced labour.

Right against exile

1. No person may be exiled.

Right to constitutional remedy

1. Rights protected under this act are to be established to be inviolable unless struck out by a supermajority of two-thirds of the senate and the majority of professional state-recognised judges, excluding those judges who have been appointed by any past or present member of Parliament.
2. If any individual views any rights established here to have been violated, they may seek appropriate judicial action through a judicial constitutional appeal process.

The State

I. The name of the state shall be the Commonwealth of Aurentina.
II. The Commonwealth shall be a sovereign and indivisible nation-state.
III. The territory of the Commonwealth shall be its entire territory upon the ratification of this Constitution, as well as any further territories acquired since then.

Structure

I. The Commonwealth shall be a Federal Republic, Semi-Presidential State
II. Each municipality within the Commonwealth shall be guaranteed its own directly elected legislature, responsible for local issues.
III. Leishaagen shall be the capital city of the Commonwealth.

President

1) There shall be presidential elections in senate every two months to appoint elect a president to serve as head of state with all rights and responsibilities endowed with such position.
2) President shall be formally referred to as the President of the Commonwealth of Aurentina.

Prime Minister

1) Prime Minister shall serve as head of government with all rights and responsibilities endowed with such position.
2) Prime Minister shall be formally referred to as the Prime Minister of the Government of the Commonwealth of Aurentina.

Council of Ministers

1) Council of ministers shall be appointed by prime minister upon accession to office.
2) Ministers shall be formally referred to as the Minister of [Insert Ministry Here]

The Opposition

1) Opposition shall be any party or coalition of parties who are not considered as part of the government by the Prime Minister.
2) The Opposition shall be entitled to create a shadow government.
3) Members of shadow government, should it be created shall be formally refereed to as the Shadow Minister of [Insert Ministry Here]

Basic Law

I. The Constitution shall be the supreme law of the Commonwealth.
II. The provisions of the Constitution shall apply directly, unless the Constitution provides otherwise.
III. The Commonwealth shall respect international law binding upon it.

Language

I. English and Aurentine shall be the official languages of the Commonwealth.
II. This provision shall not infringe upon the rights of national minorities.

Coat of Arms

I. The lesser coat of arms of the Commonwealth shall be a shield, with the top side consisting of a white star surrounded by twenty smaller stars on a blue field, with the bottom-left side consisting of a white hammer on a red field, and the bottom-right side consisting of a white laurel leaf on a black field.
II. The greater coat of arms of the Commonwealth shall be the lesser coat of arms, with a mural crown above the shield, and two national flags as supporters, flanked by two laurel leaves and with the motto "Democratia, Sensibilitate, Libertas" in the compartment.

Flag

I. The national flag of the Commonwealth shall be a horizontal tricolor of black, white and blue.
II. The state flag of the Commonwealth shall be a horizontal tricolor of black, white and blue charged with the lesser coat of arms moved 1/3 towards the hoist.
III. The war flag of the Commonwealth shall be a red field with the state flag in the canton, charged with two crossed swords.
IV. The civil ensign of the Commonwealth shall be a swallowtailed version of the national flag.
V. The state ensign of the Commonwealth shall be the civil ensign, charged with the lesser coat of arms moved 1/3 towards the hoist.
VI. The naval ensign of the Commonwealth shall be a white field with a red cross, with the state flag in the canton.
VII. The naval jack of the Commonwealth shall be square-shaped, with the lesser coat of arms charged on a blue field, fimbriated by white and black outlines.
VIII. The standard of the Head of State of the Commonwealth shall be a stylized heraldic banner of the lesser coat of arms.
IX. The standard of the Head of Government of the Commonwealth shall be a blue field charged with the greater coat of arms fimbriated with white.

National Anthem

I. The national anthem of the Commonwealth shall be "Aurentina, Land of Liberty"
II. Preferably, both the English and the Aurentine lyrics shall be sung. Otherwise, the English lyrics shall be preferred.

Provinces
1. Aurentina shall be divided into provinces which may not be altered unless by ammendment of this constitution, these divisions shall be in an attached document labelled "attachment 3(1)".
2. Provinces shall have powers stated in this clause, and no further unless authorised by presiding federal government for the term of the said federal government.

a) Legislation: Provinces shall have right to pass laws which shall be in effect within the said province provided the said laws do not violate federal laws, this constitution or any applicable directive issued by presiding federal government. If any new directives is issued by presiding federal government which contradicts the provincial laws, contradicting provincial laws are to be suspended for duration of effectiveness of federal governmental directive. Through new laws, provinces may create a crime however these crimes may not be over a delict offence.
b)Provincial Representatives: Provinces shall have a democratic leader with the title First Representative of the Province, from now on to be known as the First Representative. The First Representative must be elected either from provincial parliament or directly by the electorate themselves, in fair elections held once every two months. If the First Representative dies, resigns or a petition against the First Representative consisting of five percent of the province's population is handed to the Prime Minister, then new elections shall be held within a week.
c) Executive Branch: The First Representative may appoint a Prefect, once approved by the provincial legislature, to preside over a provincial cabinet, in turn appointed by the Prefect. Itself under leadership of the Prefect, the cabinet is charged with determining provincial policy and should consist of individuals educated in their respective areas of advice.
d) Judicial System: Provinces shall maintain local and provincial courts. Judges appointed to such courts should meet standards outlined in national legislation as well as have partaken in a two-week course in regional law practice. As to avoid political appointments, judges must be approved both the Prefect and the Courts and Tribunals Service.
e) Social security: Provinces shall have complete authority over any social security payments in accordance to federal regulations. Social security shall include any form of payment paid by the state to a citizen to assist in the said citizen's livelihood including universal credit, social housing, universal healthcare.
f) Housing: Provinces shall have complete authority over housing regulations provided they do not violate federal laws, federal executive government directives or present clear and present danger to the welfare of the entire federation.
g) Energy: Provinces shall have complete authority over energy production, supplementary to the federal power grid, provided they are able to meet energy requirements of their province. If the province fails to meet energy requirement of their province for period of two weeks continuously or ten weeks over period of a year, federal government may suspend this right and take over production of energy. Provinces who produce surplus energy may supply other provinces with energy, only if such an agreement has been ratified by both legislative branches.
h) Services: Provinces shall have complete authority other amenities (fire service, local constabularies, regional health authorities, public transport, libraries, leisure and recreation, waste collection and waste disposal) unless they are deemed unable to provide any of these by a federal commission in which case, the federal government may suspend this right and take over.
i) Environment: Provinces shall have complete authority over environment of the province, within its jurisdiction, and any beautifications carried out within that jurisdiction.
j) Sub division: Provinces shall have right to create further sub divisions within their province and delegate it with powers, not exceeding the powers province government has. However, provincial government shall be ultimately responsible for any actions carried out by sub divisions they created.
k) Taxation: Provinces shall have the right to implement additional taxation within the province, though such taxation may not raise more than a tenth of the province's wealth - wealth being calculated as the total of all private assets within the province.

3. Provinces shall have responsibilities stated in this clause, and no further unless authorised by the senate by amending this document.

a) All provinces are to have a elected, unicameral legislature.
b) All provinces must respect and recognise supremacy of the federal government at all times.
c) Abide by federal laws passed by senate and directives issued by federal government at all times.

District and City Councils
1. District and City Councils shall be established in order to manage local affairs within cities.
a) Hereby defines the following:

• District Council: A local government body that governs an area comprising one or more cities and towns with a population totalling less than 100,000 inhabitants.
• City Council: A local government body that governs an urban area with a population totalling more than 100,000 inhabitants.
• Urban Area: A population cluster totalling more than 100,000 inhabitants with a density of 350 persons per square kilometre.
• Additionally defines a district as an urban or rural area as described above without population conditions and is governed by a district or a city council.

b) Hereby creates city and district councils as third tier local body administration in Aurentina.
c) Each council shall be administered by a mayor. They are the head of the council and are elected to a term of five years to be held in elections.
d) The mayor shall not have powers over central government but does have powers over local government.
e)District Councils have the following powers:

• Control over transport and infrastructure related issues, such as road planning, tolls, parking, maintenance etc.
• Control over placement of speed limits within their respective district boundaries in accordance with national law.
• Control over zoning laws and housing areas as well as by-laws surrounding property maintenance.
• Implementation of local by-laws by the council. These laws are only valid within the territorial boundaries of the respective district and must not conflict, undermine or overrule national law.
• Provision of services such as utilities, waste disposal and public transport.
• Implementation of laws regarding the consumption of alcohol and other drugs that pose health issues towards the general public.
• Enact rates: monthly bills sent to residents to pay for water and other utilities and public services provided by the local council (except public transport).

f) Councils may enact taxes on residents but only limited to utilities usage and property taxes.
g) Mayors may not be members of any established political party prior to office nor may they hold any other political office during their term.
h) Mayors are not above local or national laws and any break of the law resulting in a trial will result in their removal from office.
i) Mayoral and council candidates must have the following in order to be eligible to run in elections:

• Aurentine citizenship or permanent residency
• Must have lived in their district for more than five years and must be able to reside on a permanent basis in said district throughout their term (holidays do not apply).
• No serious criminal record.
• All candidates must be over 18 years of age.

1. Every senator of the Commonwealth of Aurentina shall have the right to write bills.
2. A bill must specify the title of the bill, the author(s) of the bill, the urgency of the bill, the category of the bill and the co-sponsors of the bill.

a) Any titles of bills that are found to be offensive or inappropriate shall cause the administration team of the senate to remove the bill from the chamber queue of legislation. The administration team shall be tasked with deciding what shall be classed as offensive and inappropriate.
b) The name(s) of the author(s) of bills must be displayed clearly and their party's abbreviations given in brackets.
c) The urgency of the bill shall range from Low, to Moderate, to High, to Paramount. If any urgency is classed as incorrect by the administration team of the senate, it shall have the right to change the urgency.
d) The categories of bills shall be mandated to be one of the following: Health (To deal with issues pertinent to the Health Ministry), International Relations (To deal with issues pertinent to the International Development, Defense, and Foreign Affairs Ministries), Order (To deal with issues pertinent to the Interior and Justice Ministries), Miscellaneous (To deal with issues that do not fit under any other category provided), Business and Finance (To deal with issues pertinent to the Work, Commerce, and Treasury Ministries), Environment and Energy (To deal with issues pertinent to the Environment and Energy Ministries), Domestic Development (To deal with issues pertinent to the Transportation, Agriculture, Education, Research, Telecommunications, and Culture Ministries) or Senate Procedures (To deal with issues pertinent to the procedures and actions of the senate).

3. A budget shall not be classed as a bill.

a) It shall be the duty of the government to allocate spending to each ministry.
b) The government shall not require the approval of the senate to pass spending plans.
c) All forms of revenue shall have to receive the approval of the senate and must be presented in the form of a bill.
d) The Minister of Finance shall be responsible for allocating spending, but may receive advice, in varying amounts, from the rest of the government and the opposition.
e) The opposition shall not be permitted to propose a budget, nor a "shadow budget".

[box]1. Every citizen of the Commonwealth of Aurentina shall have the right to stand for a position as a senator.

a) The subject of non-citizens having the right to stand for the position of senator shall be left to later legislation.
b) The subject of minors having the right to stand for the position of senator shall be left to later legislation.
c) The subject of criminals having the right to stand for the position of senator shall be left to later legislation.

2. There shall be one senator for each constituency.
3. A person must be elected to the position of senator.

a) Elections for senators shall occur at the same time as elections for president.
b) The candidate who receives the largest number of votes shall be elected senator, regardless of whether it was more than 50%.
c) All forms of bribery to gain votes shall be banned, and any candidate found with connections to bribery shall be banned from taking place in an election, although they remain with the right to stand for senator at elections in the future.
d) Voting shall be anonymous, and no person shall be forced into revealing who they voted for, unless that information is required by the authorities regarding a criminal investigation.
e) All those who are the age of 16 years or over shall have the right to vote.

4. A senator shall have the following powers.

a) The ability to vote on legislation presented to the senate.
b) The ability to debate on legislation presented to the senate.
c) The ability to draft legislation.
d) The ability to co-sponsor legislation.

The following, together, shall be known as the states of emergency.

State of Peacetime Emergency
A state of peacetime emergency is to be declared by the President [of Aurentina], Prime Minister or Minister of the Interior, in the event that there is overwhelming proof at least 10% of the civilians of the area the state of emergency is being declared in are at imminent of harm or devastation. A state of peacetime emergency expires one week after the initial declaration, and is renewable.

During a state of peacetime emergency, the following are authorised:

1. Unwarranted search of properties
2. Deployment of Gendarmerie, Military and Paramilitary assets in aid of law enforcement
3. Suspension of certain sections of the Charter of Rights, namely:
   • Section 3d (Right to Freedom)
   • Section 2 (Right to Property)
   • Sections 2 and 3 (Rights regarding justice)
   • Sections 1 and 2 (Right against preventive detention)

State of Apprehended Insurrection
A state of apprehended insurrection may be initiated unilaterally by the President of Aurentina, in their capability as Commander-in-Chief of the Commonwealth Armed Forces, via executive decree. It is to be used in the case of a large-scale and violent uprising in Aurentina. The Senate may overturn the decree by a simple majority of present senators voting in favour. Misuse of the state of apprehended insurrection is grounds for impeachment. A state of apprehended insurrection expires one month after the initial declaration, and is renewable.

During a state of apprehended insurrection, the following are authorised:

1. Unwarranted search of properties
2. Deployment of Gendarmerie, Military and Paramilitary assets in aid of law enforcement
3. Military control of civilian law enforcement assets
4. Suspension of certain sections of the Charter of Rights, namely:
   • Sections 3a, 3b and 3d (Right to Freedom)
   • Section 2 (Right to Property)
   • Sections 2 and 3 (Rights regarding justice)
   • Sections 1 and 2 (Right against preventive detention)

State of Absolute Insurrection
A state of absolute insurrection may be initiated by the Senate via a 75% supermajority of voting senators, and is only to be used in the case the Aurentine nation is at imminent risk of violent destruction at the hands of a foreign power or internal rebellion. Before coming into force, it must be validated by the Supreme Court of Aurentina. A state of apprehended insurrection does not expire, and must be repealed by a simple majority vote of the Senate.

Under a state of absolute insurrection, the following are authorised:

1. Prorogation of the Senate, and transfer of legislative power to the Council of State
2. Deployment of Gendarmerie, Military and Paramilitary assets in aid of law enforcement
3. Suspension of the Charter of Rights in its entirety

Establishment of Courts of Law

1. Each city with a population above 50,000 shall have a Court of First Instance, which may be cited as the [City Name] Court of First Instance, [City Name] being a placeholder for the name of the city, to be situated inside the limits of said city, or nearest territorial holdings.
2. Each province shall have a Superior Court, which may be cited as the [Province Name] Superior Court, [Province Name] being a placeholder for the name of the province, to be situated in the provincial capital.
3. Each province shall have a Court of Appeal, which may be cited as the [Province Name] Court of Appeal, [Province Name] being a placeholder for the name of the province, to be situated in the provincial capital.
4. The Supreme Court of the Aurentine Commonwealth is to be located in the capital of the Commonwealth, and in no other place. It shall have its own building.

On Warrants

1. Warrants may be issued by the following persons:
   1. A sworn-in prosecutor of the Commonwealth Prosecution Service acting in their official capability as judicial officer
   2. A judge acting in their official capability as magistrate of law
2. The following orders may be issued by the above persons:
   
   1. Warrant to search and seize property
   2. Warrant to arrest an individual
   3. Order to not leave the solid ground of the Aurentine Commonwealth
   4. Order to not enter a 500m radius of a port of entry/exit
   5. Restraining order against specific organisations or buildings
   6. Warrant to put an individual under house arrest
   7. Warrant to record and/or monitor an individual's telephone, telegram, fax and Internet communications
   8. Order to report a specific location at scheduled times
   9. Order to not exit one's own home within specific hours
3. Warrants must contain the following, and are otherwise legally null and void:
   1. Date issued
   2. Date of expiry (must be within 1 week; only applies for search/seizure and arrest warrants)
   3. Name of issuing person and authority, separated by a comma
   4. Signature of said person
   5. Evidence leading to warrant being issued
   6. Name of recipient
   7. Time scheduled for reporting (only applies to orders to report to a location)
   8. Hours prohibited from exiting home (only applies to orders to not exit home within specific hours)

Statutory Interpretation

1. Federal Legislation
   1. In case the terms used by a law passed by the Senate of the Aurentine Commonwealth are unclear or otherwise prone to confusion or misinterpretation, the Ministry of Justice, or an individual actual person, may request a hearing for judicial interpretation from the Supreme Court of Aurentina. If the court judges the case not to be frivolous, it shall convene, and interpret the meaning of specific parts of a bill, taking into account, by order of importance (from most to least):
      1. Noscitur a sociis: the context within the rest of the bill
      2. Author Intent: The intended meaning, to be declared by the author of the law in question under oath to a court of law
      3. Plain meaning: The generally-accepted meaning of a word
2. Provincial Legislation
   1. In case the terms used by a law passed by a provincial legislature are unclear or otherwise prone to confusion or misinterpretation, the federal Ministry of Justice, or an individual actual person, may request a hearing for judicial interpretation from the Superior Court of the province in which the statute was passed. If the court judges the case not to be frivolous, it shall convene, and interpret the meaning of specific parts of a bill, taking into account, by order of importance (from most to least):
      1. Noscitur a sociis: the context within the rest of the bill
      2. Author Intent: The intended meaning, to be declared by the author of the law in question under oath to a court of law
      3. Plain meaning: The generally-accepted meaning of a word
3. Such a ruling may not be appealed.

Hearings

1. Contraventions and delicts shall be initially tried in a Court of First Instance.
2. Felonies shall be initially tried in a Superior Court.
3. If a case with numerous charges that include felonies is brought to trial as part of a single investigation, the case shall be initially heard in a Superior Court.
4. Civil litigation shall initially be tried in a Court of First Instance.
5. Judicial Review against a provincial statute shall initially be tried in a Superior Court.
6. Judicial Review against a federal statute shall be tried in the Supreme Court.

Court of First Instance

1. The Court of First Instance shall be the lowest court in the judicial hierarchy.
2. Each Court of First Instance shall have 5 judges, and a case shall be heard in front of a single judge.

Superior Court

1. The Superior Court shall be a trial court for felonies, an administrative court for provincial statute-related judicial interpretation, and an appeals court for cases initially heard in the Court of First Instance.
2. Each Superior Court shall have 15 judges, one of which will be elected by their peers as the Chief Justice of the Superior Court of [Province], [Province] being a placeholder for the name of the province said court is located in.
3. The Superior Court is a court of record.

Court of Appeal

1. The Court of Appeal shall be the highest court in the judicial hierarchy for criminal prosecution or civil litigation whose outcome does not establish any precedent of significant public interest.
2. Each Court of Appeal shall have 30 judges, one of which will be elected by their peers as the Chief Justice of the Court of Appeal of [Province], [Province] being a placeholder for the name of the province said court is located in.
3. The Court of Appeal is a court of record.

Supreme Court

1. The Supreme Court of Aurentina shall be the highest court in the judicial hierarchy.
2. The Supreme Court shall consist of 9 judges, one of which will be elected by their peers as the Chief Justice of the Supreme Court of Aurentina.
3. All other courts and judicial institutions shall be under the Supreme Court. The Supreme Court may inspect, supervise and give directives to its subordinate courts and other judicial institutions.
4. The Supreme Court shall be a Court of Record and may initiate proceedings and impose penalties in accordance with law for contempt of itself and of its subordinate courts or judicial institutions.
5. The Supreme Court shall have the final power to interpret this Constitution, which is to be considered a federal statute for the sole purpose of statutory interpretation classification.
6. If the Supreme Court is satisfied that the dispensation of justice on a case registered in a court may be affected if heard by that court, the Supreme Court may order another court of similar level to hear such case or hear the case itself.
7. If the full panel of the Supreme Court unanimously agrees that either:
   1. The person bringing the appeal was not authorised to do so by the original plaintiff
   2. The appeal does not constitute a significant interest for establishing precedent
   then the lower court (Provincial Court of Appeal)'s decision stands.
8. Every year, Supreme Court shall submit its annual report to the Prime Minister, and the Prime Minister shall make arrangement to submit such reports before the Aurentine Senate. The annual report will consist of:
   
   1. the quantitative descriptions of the cases registered in the Supreme Court and other subordinate courts,
   2. the number of disposed and pending cases and the reason for them pending,
   3. details of new precedents propounded by courts,
   4. number of cases reviewed by the Supreme Court,
   5. description of the judicial comment made by the Supreme Court, if any, on the matters of competency regarding the conduct of judicial duty of judge of a court subordinate to it,
   6. amount of fines and penalties reimbursed,
   7. description on the implementation of a decision,
   8. the budget appropriated to the Supreme Court and subordinate courts, and statement of expenditures

Judicial Review

1. No legislature in the Aurentine Commonwealth is permitted to enact a law contradicting the will and intent of the Constitution.
   An individual may file suit to challenge such laws, and the court will either rule to
   1. Uphold the statute as staying within the will and intent of the Constitution.
   2. Strike Down the statute, or certain sections of it, as contrary to the will and intent of the Constitution.
2. If the statute or parts of the statute is (are) struck down, it (they) shall be rendered null and void.
3. A presiding judge during a criminal case may choose to strike down the law (or parts of the law) the defendant is charged under, therefore acquitting them, if it judges the law to be contrary to the will and intent of the Constitution.

Associated Legal Titles

1. A civil case will bear the name of [Surname of Plaintiff] v. [Surname of Defendant], [Year], [Province], [Court Identifier]. (i.e. Smith v. Doe, 2013, FED, SCA).
2. A criminal case brought by a federal prosecutor will bear the name of Commonwealth v. [Surname of Defendant], [Year], [Province], [Court Identifier].
3. A criminal case brought by a provincial prosecutor will bear the name of Commonwealth Prosecution Service v. [Surname of Defendant], [Year].
4. A case of judicial review against a federal law will bear the name of [Surname of Plaintiff] v. Commonwealth, [Year], [Province], [Court Identifier].
5. A case of judicial review against a provincial law will bear the name of [Surname of Plaintiff] v. [Province Name], [Year], [Province], [Court Identifier].
6. A case of statutory interpretation will bear the name of RE: [Name of Law in Question], [Year], [Province], [Court Identifier].
7. The legal surname of the Federal Government of Aurentina is "Ministry of Justice".
8. The legal surname of a Provincial Government is the name of the province.

Court Procedure

Plea
1. At the beginning of a criminal trial, the suspect(s) on trial shall be asked to enter a plea. The allowable pleas are:
   
   1. Guilty, a confession to the offence leading to the conclusion of the trial and a sentencing hearing
      
   2. Not Guilty (alternatively innocent), a denial of the offences of which the suspect is accused of
   3. Autrefois convict/acquit, a declaration that the trial constitutes a violation of Section 6 (Rights Regarding Justice) of the Charter of Rights
2. A plea must be clear, voluntary and intelligently-announced.
3. Failing any of these conditions, the plea shall be considered not guilty.
Trial

1. The Aurentina judiciary shall use a semi-adversarial system.
2. At the trial, all witnesses and the experts must bear testimony once again and are mandated to swear an oath to tell the truth and nothing but the truth. The defendant(s) has/have an option to make a testimony at any point of the trial, but he/she is not required to swear an oath. The Prosecutor or an Attorney of a party has the right to cross-examine the witness or expert if necessary to correct any information or point out contradictions that can change the case significantly and if the cross-examinations has resulted in any new information coming to light or contradictions being revealed, then the Judge is required to make the testifier retestify to ensure that all information is corrected. The court may be adjourned if new information that requires investigation by the Prosecutor comes to light. The Judge(s) then declare their verdict once all evidence has been submitted; a majority, in the case of a panel, is required for a verdict of guilt.
Sentencing

1. Following a finding of guilt/acquittal, a sentencing hearing with the same trial judge (unless said judge is incapacitated) and both the prosecution and defence shall be heard.
2. The sentencing shall be done in proportion to the offence committed, and must fall within maximum and minimum guidelines as established by current statute law.
Appeals

1. Either party may appeal a decision to the highest court that accepts to hear the case, if they consider it incorrect or too strict/lenient in proportion to the offence.

Sections 2-6 and 12 of the Judicial Act are struck out and rendered null and void.

Hereby states that the legislative branch of the Aurentine government may introduce, amend and repeal any and all statutes, save for the Constitution, through a simple majority vote in favour, bound only by the courts of law and Presidential veto.

[New Bierstaat]

Constitution of Aurentina

Category: Miscellaneous | Urgency: High | Authors: James Brit (Independent), Alexander Ainin (New Democratic Party), Boris Johnson (Aurentine Liberals and Moderates), Whatshisface Quendi (Independent), Whatshisface Nepal (Independent), Geoff Angleter (Reform Party), Otto Karl Ludwig Graf von Tyrannien (Classical Monarchist Party), Titolli de Medici (Classical Monarchist Party), Jonathan Bates (National Centre Party), John Geil (New Democratic Party), Wulukuno Porunalakai (New Democratic Party), James Fulflood (New Democratic Party), Robert Glasgia (Market Socialist Party) | Co-Sponsors:

Recognising that Aurentine currently has no form of official constitution.

Understanding the need for one to be immediately established.

We, the Senate and People of Aurentina, cognizant of our great heritage, mindful of the challenges any nation faces, and seeking to preserve a strong and free nation for both ourselves and generations to come, do hereby establish this Constitution, as the foundation for a new future steeped in the principles of justice, freedom and liberty. May it stand as a testament to our nation’s dedication to these principles.

Right to freedom

1. Every person shall have the right to live no matter what their crime shall be, and no law which provides for capital punishment shall be made.
2. No person shall be deprived of their personal liberties as stated below.
3. Every person shall have the following freedoms
(a) freedom of opinion and verbal expression;
(b) freedom to assemble peacefully and without arms;
(c) freedom to form political parties;
(d) freedom to form unions and associations;
(e) freedom to move to any region of the nation and reside in any part of the nation where permitted by the landowner; and
(f) freedom to engage in any occupation or be engaged in employment, industry and trade, as long as it abides by the laws of Aurentina.

Right to equality

1. No person shall be denied the equal protection of the law, and all shall be judged under the same law.
2. The state shall not discriminate, in laws or in words, among people on grounds of religion, race, caste, sexuality, tribe, sex, gender, origin (not including nationality) or ideological conviction.

Right to life

1. Every born person shall have the right to life.
2. Every person shall have the right to self defence within reason and proportionality.

Right to property

1. All people have the right to the ownership of, and the free management within legal boundaries of, their personal property, as well as any real property under the ownership of those citizens.
2. No people shall be deprived of their personal or real property unless it is legally constituted and with the condition of a just and prior compensation equal to the value of the property.
3. Real property may be requisitioned by the government for infrastructure or other public interests if a judge approves such a requisitioning. Real property may not be requisitioned by the government for private commercial interests.
4. The exceptions to the above are as follows:
• a) This right does not however, apply to or include any form of business institutions that are associated either with that person or the property of that person.
• b) This right does not however, apply to or include illegal items, substances or other property as according to law, such as, but not limited to, banned weapons and illegal narcotics.
• c) The taxation, levying of fines, et cetera upon property, or taxes and fines in general upon the population, of all kinds shall not be considered in violation of this right.

Right to freedom of belief and religion

1. Every person shall have the right to profess, practise and preserve their own religious beliefs chosen by them, as long as the beliefs they follow are non-exploitative and stay within the provisions laid out in this Constitution.
2. Every person shall have right to denounce religious beliefs if they see fit.
3. Every religious denomination shall have the right to maintain its independent existence, and for this purpose to manage and protect its religious places and religious trusts, in accordance with Constitution.
4. No person shall be entitled to convert another person from one religion to another except with voluntary consent.
5. The state shall not establish any law or take any action explicitly favouring or denouncing any religion based on its beliefs, cultural traditions or lack thereof as long as these beliefs and traditions are within the provisions laid out in this Constitution.
6. The state shall not establish an official religion.
7. No person shall be prosecuted purely for any belief they may hold.

Right to publication and broadcasting

1. There shall be no prior censorship by the state of publication and broadcasting or printing of any news item, editorial, article, feature or other reading or audio-visual material by any means including electronic publication, broadcasting and the press.
2. The state shall not censor any true published, transmitted or broadcasted information.
3. No broadcasting, publishing or transmission of material using radio, television, online or other types of digital or electronic equipment or medium, no such equipment or medium shall be closed or seized, or have any registration cancelled because of such broadcasting, publication or printing.
4. No newspaper, periodical or publication shall have its operations closed or real property seized, nor shall its registration be cancelled or publications be seized, merely for printing or publishing any truthful news items, articles, editorials, writings or other reading material.
5. No means of communication, including the press, electronic broadcasting and telephone, shall be obstructed except for utmost national safety as determined by legislation and the highest judge of the nation.

Right to health and environment

1. Every citizen and resident shall have the right to basic health services and medical services deemed necessary by a mental or physical health professional.
2. Every person shall have the right to air, ground and water conditions around said person's residence which do not cause or significantly contribute to disruptive health problems.

Right to education

1. Every citizen and resident shall have the right to free education from age four until the end of secondary education, which shall finish during their nineteenth year.

Right to culture

1. Each community residing has the right to use, preserve and promote its language, script, culture, cultural civilisation and heritage with private funds provided it is not in interference with national or local safety or the health and liberties of others.

Rights of children

1. Every child shall have the right to their own identity and name.
2. Every child shall have the right to be nurtured to basic health and social security.
3. Every child shall have the right not to be subjected to physical, mental or any other form of exploitation. Any such act of exploitation performed by a criminally responsible person shall be punishable by law and any child so treated shall be compensated as determined by law.
4. No minor (under the age of 16) shall be employed as a manual labourer in factories, mines or in any other hazardous work nor shall be used in any military or police forces.

Rights regarding justice

1. No person shall be detained without being informed of the ground for such an arrest.
2. The person who is arrested shall have the right to consult a legal practitioner of his/her choice during the arrest, chosen at the time of the arrest. The consultation made by such a person with the legal practitioner (any person who is authorized by law to represent any person in any court) and the advice given thereon shall remain confidential, and such a person shall not be denied the right to be defended by his/her their legal practitioner.
3. Every person who is arrested shall be produced before a judicial authority within a period of twenty-four hours after such arrest or consultation of desired legal advice, whichever is longer. This time excludes the time necessary for the journey from the place of arrest to such authority, and the arrested person shall not be detained in custody beyond the said period except on the order of judicial authority.
4. No person shall be punished for an act which was not punishable by law when the act was committed, and no person shall be subjected to a punishment greater than that prescribed by the law in force at the time of the offence.
5. No person accused of any offence shall be assumed to be an offender until proven guilty.
6. No person shall be prosecuted or punished for the same offence in a court of law more than once.
7. No person accused of any offence shall be compelled to be a witness against themself.
8. Every person undergoing trial shall have the right to be informed about the proceedings of the trial.
9. Every person shall be entitled to a fair trial by a competent court or judicial authority.
10. Any indigent person shall have the right to free legal aid in accordance with law.

Right against preventive detention

1. No person shall be held under preventive detention unless they have committed a conspiracy crime.
2. If an authority detains a person contrary to law or in bad faith, the person detained is entitled to compensation under the law.

Right to humane detention

1. No person who is detained during investigation, for trial, as a punishment for a crime or for any other reason shall be subjected to physical or mental torture, or be treated in a cruel, inhuman or degrading manner.
2. No person who is detained shall be treated differently with regards to the terms of their detention from those who have committed or are alleged to have committed the same crime.

Right to information

1. Every citizen or resident shall have the right to request or obtain information from the government on any matters of concern to themself or to the public provided this does not infringe upon national security as determined by appropriate judicial means, involving the decision of at least one judge.

Right to privacy

1. Except in extreme circumstances provided by law, details in relation to the person, and to their documents, records and correspondence, and their legal actions shall not be distributed to the general populace by the government.
2. Every person has the right to keep the details mentioned above from the knowledge of the public.

Right against exploitation

1. No person shall be subjected to human trafficking, slavery or bonded labour.
2. No person shall be subject to forced labour.

Right against exile

1. No person may be exiled.

Right to constitutional remedy

1. Rights protected under this act are to be established to be inviolable unless struck out by a supermajority of two-thirds of the senate and the majority of professional state-recognised judges, excluding those judges who have been appointed by any past or present member of Parliament.
2. If any individual views any rights established here to have been violated, they may seek appropriate judicial action through a judicial constitutional appeal process.

The State

I. The name of the state shall be the Commonwealth of Aurentina.
II. The Commonwealth shall be a sovereign and indivisible nation-state.
III. The territory of the Commonwealth shall be its entire territory upon the ratification of this Constitution, as well as any further territories acquired since then.

Structure

I. The Commonwealth shall be a Federal Republic, Semi-Presidential State
II. Each municipality within the Commonwealth shall be guaranteed its own directly elected legislature, responsible for local issues.
III. Leishaagen shall be the capital city of the Commonwealth.

President

1) There shall be presidential elections in senate every two months to appoint elect a president to serve as head of state with all rights and responsibilities endowed with such position.
2) President shall be formally referred to as the President of the Commonwealth of Aurentina.

Prime Minister

1) Prime Minister shall serve as head of government with all rights and responsibilities endowed with such position.
2) Prime Minister shall be formally referred to as the Prime Minister of the Government of the Commonwealth of Aurentina.

Council of Ministers

1) Council of ministers shall be appointed by prime minister upon accession to office.
2) Ministers shall be formally referred to as the Minister of [Insert Ministry Here]

The Opposition

1) Opposition shall be any party or coalition of parties who are not considered as part of the government by the Prime Minister.
2) The Opposition shall be entitled to create a shadow government.
3) Members of shadow government, should it be created shall be formally refereed to as the Shadow Minister of [Insert Ministry Here]

Basic Law

I. The Constitution shall be the supreme law of the Commonwealth.
II. The provisions of the Constitution shall apply directly, unless the Constitution provides otherwise.
III. The Commonwealth shall respect international law binding upon it.

Language

I. English and Aurentine shall be the official languages of the Commonwealth.
II. This provision shall not infringe upon the rights of national minorities.

Coat of Arms

I. The lesser coat of arms of the Commonwealth shall be a shield, with the top side consisting of a white star surrounded by twenty smaller stars on a blue field, with the bottom-left side consisting of a white hammer on a red field, and the bottom-right side consisting of a white laurel leaf on a black field.
II. The greater coat of arms of the Commonwealth shall be the lesser coat of arms, with a mural crown above the shield, and two national flags as supporters, flanked by two laurel leaves and with the motto "Democratia, Sensibilitate, Libertas" in the compartment.

Flag

I. The national flag of the Commonwealth shall be a horizontal tricolor of black, white and blue.
II. The state flag of the Commonwealth shall be a horizontal tricolor of black, white and blue charged with the lesser coat of arms moved 1/3 towards the hoist.
III. The war flag of the Commonwealth shall be a red field with the state flag in the canton, charged with two crossed swords.
IV. The civil ensign of the Commonwealth shall be a swallowtailed version of the national flag.
V. The state ensign of the Commonwealth shall be the civil ensign, charged with the lesser coat of arms moved 1/3 towards the hoist.
VI. The naval ensign of the Commonwealth shall be a white field with a red cross, with the state flag in the canton.
VII. The naval jack of the Commonwealth shall be square-shaped, with the lesser coat of arms charged on a blue field, fimbriated by white and black outlines.
VIII. The standard of the Head of State of the Commonwealth shall be a stylized heraldic banner of the lesser coat of arms.
IX. The standard of the Head of Government of the Commonwealth shall be a blue field charged with the greater coat of arms fimbriated with white.

National Anthem

I. The national anthem of the Commonwealth shall be "Aurentina, Land of Liberty"
II. Preferably, both the English and the Aurentine lyrics shall be sung. Otherwise, the English lyrics shall be preferred.

Provinces
1. Aurentina shall be divided into provinces which may not be altered unless by ammendment of this constitution, these divisions shall be in an attached document labelled "attachment 3(1)".
2. Provinces shall have powers stated in this clause, and no further unless authorised by presiding federal government for the term of the said federal government.

a) Legislation: Provinces shall have right to pass laws which shall be in effect within the said province provided the said laws do not violate federal laws, this constitution or any applicable directive issued by presiding federal government. If any new directives is issued by presiding federal government which contradicts the provincial laws, contradicting provincial laws are to be suspended for duration of effectiveness of federal governmental directive. Through new laws, provinces may create a crime however these crimes may not be over a delict offence.
b)Provincial Representatives: Provinces shall have a democratic leader with the title First Representative of the Province, from now on to be known as the First Representative. The First Representative must be elected either from provincial parliament or directly by the electorate themselves, in fair elections held once every two months. If the First Representative dies, resigns or a petition against the First Representative consisting of five percent of the province's population is handed to the Prime Minister, then new elections shall be held within a week.
c) Executive Branch: The First Representative may appoint a Prefect, once approved by the provincial legislature, to preside over a provincial cabinet, in turn appointed by the Prefect. Itself under leadership of the Prefect, the cabinet is charged with determining provincial policy and should consist of individuals educated in their respective areas of advice.
d) Judicial System: Provinces shall maintain local and provincial courts. Judges appointed to such courts should meet standards outlined in national legislation as well as have partaken in a two-week course in regional law practice. As to avoid political appointments, judges must be approved both the Prefect and the Courts and Tribunals Service.
e) Social security: Provinces shall have complete authority over any social security payments in accordance to federal regulations. Social security shall include any form of payment paid by the state to a citizen to assist in the said citizen's livelihood including universal credit, social housing, universal healthcare.
f) Housing: Provinces shall have complete authority over housing regulations provided they do not violate federal laws, federal executive government directives or present clear and present danger to the welfare of the entire federation.
g) Energy: Provinces shall have complete authority over energy production, supplementary to the federal power grid, provided they are able to meet energy requirements of their province. If the province fails to meet energy requirement of their province for period of two weeks continuously or ten weeks over period of a year, federal government may suspend this right and take over production of energy. Provinces who produce surplus energy may supply other provinces with energy, only if such an agreement has been ratified by both legislative branches.
h) Services: Provinces shall have complete authority other amenities (fire service, local constabularies, regional health authorities, public transport, libraries, leisure and recreation, waste collection and waste disposal) unless they are deemed unable to provide any of these by a federal commission in which case, the federal government may suspend this right and take over.
i) Environment: Provinces shall have complete authority over environment of the province, within its jurisdiction, and any beautifications carried out within that jurisdiction.
j) Sub division: Provinces shall have right to create further sub divisions within their province and delegate it with powers, not exceeding the powers province government has. However, provincial government shall be ultimately responsible for any actions carried out by sub divisions they created.
k) Taxation: Provinces shall have the right to implement additional taxation within the province, though such taxation may not raise more than a tenth of the province's wealth - wealth being calculated as the total of all private assets within the province.

3. 2. Provinces shall have responsibilities stated in this clause, and no further unless authorised by the senate by amending this document.

a) All provinces are to have a elected, unicameral legislature.
b) All provinces must respect and recognise supremacy of the federal government at all times.
c) Abide by federal laws passed by senate and directives issued by federal government at all times.

1. Every senator of the Commonwealth of Aurentina shall have the right to write bills.
2. A bill must specify the title of the bill, the author(s) of the bill, the urgency of the bill, the category of the bill and the co-sponsors of the bill.

a) Any titles of bills that are found to be offensive or inappropriate shall cause the administration team of the senate to remove the bill from the chamber queue of legislation. The administration team shall be tasked with deciding what shall be classed as offensive and inappropriate.
b) The name(s) of the author(s) of bills must be displayed clearly and their party's abbreviations given in brackets.
c) The urgency of the bill shall range from Low, to Moderate, to High, to Paramount. If any urgency is classed as incorrect by the administration team of the senate, it shall have the right to change the urgency.
d) The categories of bills shall be mandated to be one of the following: Health (To deal with issues pertinent to the Health Ministry), International Relations (To deal with issues pertinent to the International Development, Defense, and Foreign Affairs Ministries), Order (To deal with issues pertinent to the Interior and Justice Ministries), Miscellaneous (To deal with issues that do not fit under any other category provided), Business and Finance (To deal with issues pertinent to the Work, Commerce, and Treasury Ministries), Environment and Energy (To deal with issues pertinent to the Environment and Energy Ministries), Domestic Development (To deal with issues pertinent to the Transportation, Agriculture, Education, Research, Telecommunications, and Culture Ministries) or Senate Procedures (To deal with issues pertinent to the procedures and actions of the senate).

3. A budget shall not be classed as a bill.

a) It shall be the duty of the government to allocate spending to each ministry.
b) The government shall not require the approval of the senate to pass spending plans.
c) All forms of revenue shall have to receive the approval of the senate and must be presented in the form of a bill.
d) The Minister of Finance shall be responsible for allocating spending, but may receive advice, in varying amounts, from the rest of the government and the opposition.
e) The opposition shall not be permitted to propose a budget, nor a "shadow budget".

[box]1. Every citizen of the Commonwealth of Aurentina shall have the right to stand for a position as a senator.

a) The subject of non-citizens having the right to stand for the position of senator shall be left to later legislation.
b) The subject of minors having the right to stand for the position of senator shall be left to later legislation.
c) The subject of criminals having the right to stand for the position of senator shall be left to later legislation.

2. There shall be one senator for each constituency.
3. A person must be elected to the position of senator.

a) Elections for senators shall occur at the same time as elections for president.
b) The candidate who receives the largest number of votes shall be elected senator, regardless of whether it was more than 50%.
c) All forms of bribery to gain votes shall be banned, and any candidate found with connections to bribery shall be banned from taking place in an election, although they remain with the right to stand for senator at elections in the future.
d) Voting shall be anonymous, and no person shall be forced into revealing who they voted for, unless that information is required by the authorities regarding a criminal investigation.
e) All those who are the age of 16 years or over shall have the right to vote.

4. A senator shall have the following powers.

a) The ability to vote on legislation presented to the senate.
b) The ability to debate on legislation presented to the senate.
c) The ability to draft legislation.
d) The ability to co-sponsor legislation.

The following, together, shall be known as the states of emergency.

State of Peacetime Emergency
A state of peacetime emergency is to be declared by the President [of Aurentina], Prime Minister or Minister of the Interior, in the event that there is overwhelming proof at least 10% of the civilians of the area the state of emergency is being declared in are at imminent of harm or devastation. A state of peacetime emergency expires one week after the initial declaration, and is renewable.

During a state of peacetime emergency, the following are authorised:

1. Unwarranted search of properties
2. Deployment of Gendarmerie, Military and Paramilitary assets in aid of law enforcement
3. Suspension of certain sections of the Charter of Rights, namely:
   • Section 3d (Right to Freedom)
   • Section 2 (Right to Property)
   • Sections 2 and 3 (Rights regarding justice)
   • Sections 1 and 2 (Right against preventive detention)

State of Apprehended Insurrection
A state of apprehended insurrection may be initiated unilaterally by the President of Aurentina, in their capability as Commander-in-Chief of the Commonwealth Armed Forces, via executive decree. It is to be used in the case of a large-scale and violent uprising in Aurentina. The Senate may overturn the decree by a simple majority of present senators voting in favour. Misuse of the state of apprehended insurrection is grounds for impeachment. A state of apprehended insurrection expires one month after the initial declaration, and is renewable.

During a state of apprehended insurrection, the following are authorised:

1. Unwarranted search of properties
2. Deployment of Gendarmerie, Military and Paramilitary assets in aid of law enforcement
3. Military control of civilian law enforcement assets
4. Suspension of certain sections of the Charter of Rights, namely:
   • Sections 3a, 3b and 3d (Right to Freedom)
   • Section 2 (Right to Property)
   • Sections 2 and 3 (Rights regarding justice)
   • Sections 1 and 2 (Right against preventive detention)

State of Absolute Insurrection
A state of absolute insurrection may be initiated by the Senate via a 75% supermajority of voting senators, and is only to be used in the case the Aurentine nation is at imminent risk of violent destruction at the hands of a foreign power or internal rebellion. Before coming into force, it must be validated by the Supreme Court of Aurentina. A state of apprehended insurrection does not expire, and must be repealed by a simple majority vote of the Senate.

Under a state of absolute insurrection, the following are authorised:

1. Prorogation of the Senate, and transfer of legislative power to the Council of State
2. Deployment of Gendarmerie, Military and Paramilitary assets in aid of law enforcement
3. Suspension of the Charter of Rights in its entirety

Establishment of Courts of Law

1. Each city with a population above 50,000 shall have a Court of First Instance, which may be cited as the [City Name] Court of First Instance, [City Name] being a placeholder for the name of the city, to be situated inside the limits of said city, or nearest territorial holdings.
2. Each province shall have a Superior Court, which may be cited as the [Province Name] Superior Court, [Province Name] being a placeholder for the name of the province, to be situated in the provincial capital.
3. Each province shall have a Court of Appeal, which may be cited as the [Province Name] Court of Appeal, [Province Name] being a placeholder for the name of the province, to be situated in the provincial capital.
4. The Supreme Court of the Aurentine Commonwealth is to be located in the capital of the Commonwealth, and in no other place. It shall have its own building.

On Warrants

1. Warrants may be issued by the following persons:
   1. A sworn-in prosecutor of the Commonwealth Prosecution Service acting in their official capability as judicial officer
   2. A judge acting in their official capability as magistrate of law
2. The following orders may be issued by the above persons:
   
   1. Warrant to search and seize property
   2. Warrant to arrest an individual
   3. Order to not leave the solid ground of the Aurentine Commonwealth
   4. Order to not enter a 500m radius of a port of entry/exit
   5. Restraining order against specific organisations or buildings
   6. Warrant to put an individual under house arrest
   7. Warrant to record and/or monitor an individual's telephone, telegram, fax and Internet communications
   8. Order to report a specific location at scheduled times
   9. Order to not exit one's own home within specific hours
3. Warrants must contain the following, and are otherwise legally null and void:
   1. Date issued
   2. Date of expiry (must be within 1 week; only applies for search/seizure and arrest warrants)
   3. Name of issuing person and authority, separated by a comma
   4. Signature of said person
   5. Evidence leading to warrant being issued
   6. Name of recipient
   7. Time scheduled for reporting (only applies to orders to report to a location)
   8. Hours prohibited from exiting home (only applies to orders to not exit home within specific hours)

Statutory Interpretation

1. Federal Legislation
   1. In case the terms used by a law passed by the Senate of the Aurentine Commonwealth are unclear or otherwise prone to confusion or misinterpretation, the Ministry of Justice, or an individual actual person, may request a hearing for judicial interpretation from the Supreme Court of Aurentina. If the court judges the case not to be frivolous, it shall convene, and interpret the meaning of specific parts of a bill, taking into account, by order of importance (from most to least):
      1. Noscitur a sociis: the context within the rest of the bill
      2. Author Intent: The intended meaning, to be declared by the author of the law in question under oath to a court of law
      3. Plain meaning: The generally-accepted meaning of a word
2. Provincial Legislation
   1. In case the terms used by a law passed by a provincial legislature are unclear or otherwise prone to confusion or misinterpretation, the federal Ministry of Justice, or an individual actual person, may request a hearing for judicial interpretation from the Superior Court of the province in which the statute was passed. If the court judges the case not to be frivolous, it shall convene, and interpret the meaning of specific parts of a bill, taking into account, by order of importance (from most to least):
      1. Noscitur a sociis: the context within the rest of the bill
      2. Author Intent: The intended meaning, to be declared by the author of the law in question under oath to a court of law
      3. Plain meaning: The generally-accepted meaning of a word
3. Such a ruling may not be appealed.

Hearings

1. Contraventions and delicts shall be initially tried in a Court of First Instance.
2. Felonies shall be initially tried in a Superior Court.
3. If a case with numerous charges that include felonies is brought to trial as part of a single investigation, the case shall be initially heard in a Superior Court.
4. Civil litigation shall initially be tried in a Court of First Instance.
5. Judicial Review against a provincial statute shall initially be tried in a Superior Court.
6. Judicial Review against a federal statute shall be tried in the Supreme Court.

Court of First Instance

1. The Court of First Instance shall be the lowest court in the judicial hierarchy.
2. Each Court of First Instance shall have 5 judges, and a case shall be heard in front of a single judge.

Superior Court

1. The Superior Court shall be a trial court for felonies, an administrative court for provincial statute-related judicial interpretation, and an appeals court for cases initially heard in the Court of First Instance.
2. Each Superior Court shall have 15 judges, one of which will be elected by their peers as the Chief Justice of the Superior Court of [Province], [Province] being a placeholder for the name of the province said court is located in.
3. The Superior Court is a court of record.

Court of Appeal

1. The Court of Appeal shall be the highest court in the judicial hierarchy for criminal prosecution or civil litigation whose outcome does not establish any precedent of significant public interest.
2. Each Court of Appeal shall have 30 judges, one of which will be elected by their peers as the Chief Justice of the Court of Appeal of [Province], [Province] being a placeholder for the name of the province said court is located in.
3. The Court of Appeal is a court of record.

Supreme Court

1. The Supreme Court of Aurentina shall be the highest court in the judicial hierarchy.
2. The Supreme Court shall consist of 9 judges, one of which will be elected by their peers as the Chief Justice of the Supreme Court of Aurentina.
3. All other courts and judicial institutions shall be under the Supreme Court. The Supreme Court may inspect, supervise and give directives to its subordinate courts and other judicial institutions.
4. The Supreme Court shall be a Court of Record and may initiate proceedings and impose penalties in accordance with law for contempt of itself and of its subordinate courts or judicial institutions.
5. The Supreme Court shall have the final power to interpret this Constitution, which is to be considered a federal statute for the sole purpose of statutory interpretation classification.
6. If the Supreme Court is satisfied that the dispensation of justice on a case registered in a court may be affected if heard by that court, the Supreme Court may order another court of similar level to hear such case or hear the case itself.
7. If the full panel of the Supreme Court unanimously agrees that either:
   1. The person bringing the appeal was not authorised to do so by the original plaintiff
   2. The appeal does not constitute a significant interest for establishing precedent
   then the lower court (Provincial Court of Appeal)'s decision stands.
8. Every year, Supreme Court shall submit its annual report to the Prime Minister, and the Prime Minister shall make arrangement to submit such reports before the Aurentine Senate. The annual report will consist of:
   
   1. the quantitative descriptions of the cases registered in the Supreme Court and other subordinate courts,
   2. the number of disposed and pending cases and the reason for them pending,
   3. details of new precedents propounded by courts,
   4. number of cases reviewed by the Supreme Court,
   5. description of the judicial comment made by the Supreme Court, if any, on the matters of competency regarding the conduct of judicial duty of judge of a court subordinate to it,
   6. amount of fines and penalties reimbursed,
   7. description on the implementation of a decision,
   8. the budget appropriated to the Supreme Court and subordinate courts, and statement of expenditures

Judicial Review

1. No legislature in the Aurentine Commonwealth is permitted to enact a law contradicting the will and intent of the Constitution.
   An individual may file suit to challenge such laws, and the court will either rule to
   1. Uphold the statute as staying within the will and intent of the Constitution.
   2. Strike Down the statute, or certain sections of it, as contrary to the will and intent of the Constitution.
2. If the statute or parts of the statute is (are) struck down, it (they) shall be rendered null and void.
3. A presiding judge during a criminal case may choose to strike down the law (or parts of the law) the defendant is charged under, therefore acquitting them, if it judges the law to be contrary to the will and intent of the Constitution.

Associated Legal Titles

1. A civil case will bear the name of [Surname of Plaintiff] v. [Surname of Defendant], [Year], [Province], [Court Identifier]. (i.e. Smith v. Doe, 2013, FED, SCA).
2. A criminal case brought by a federal prosecutor will bear the name of Commonwealth v. [Surname of Defendant], [Year], [Province], [Court Identifier].
3. A criminal case brought by a provincial prosecutor will bear the name of Commonwealth Prosecution Service v. [Surname of Defendant], [Year].
4. A case of judicial review against a federal law will bear the name of [Surname of Plaintiff] v. Commonwealth, [Year], [Province], [Court Identifier].
5. A case of judicial review against a provincial law will bear the name of [Surname of Plaintiff] v. [Province Name], [Year], [Province], [Court Identifier].
6. A case of statutory interpretation will bear the name of RE: [Name of Law in Question], [Year], [Province], [Court Identifier].
7. The legal surname of the Federal Government of Aurentina is "Ministry of Justice".
8. The legal surname of a Provincial Government is the name of the province.

Court Procedure

Plea
1. At the beginning of a criminal trial, the suspect(s) on trial shall be asked to enter a plea. The allowable pleas are:
   
   1. Guilty, a confession to the offence leading to the conclusion of the trial and a sentencing hearing
      
   2. Not Guilty (alternatively innocent), a denial of the offences of which the suspect is accused of
   3. Autrefois convict/acquit, a declaration that the trial constitutes a violation of Section 6 (Rights Regarding Justice) of the Charter of Rights
2. A plea must be clear, voluntary and intelligently-announced.
3. Failing any of these conditions, the plea shall be considered not guilty.
Trial

1. The Aurentina judiciary shall use a semi-adversarial system.
2. At the trial, all witnesses and the experts must bear testimony once again and are mandated to swear an oath to tell the truth and nothing but the truth. The defendant(s) has/have an option to make a testimony at any point of the trial, but he/she is not required to swear an oath. The Prosecutor or an Attorney of a party has the right to cross-examine the witness or expert if necessary to correct any information or point out contradictions that can change the case significantly and if the cross-examinations has resulted in any new information coming to light or contradictions being revealed, then the Judge is required to make the testifier retestify to ensure that all information is corrected. The court may be adjourned if new information that requires investigation by the Prosecutor comes to light. The Judge(s) then declare their verdict once all evidence has been submitted; a majority, in the case of a panel, is required for a verdict of guilt.
Sentencing

1. Following a finding of guilt/acquittal, a sentencing hearing with the same trial judge (unless said judge is incapacitated) and both the prosecution and defence shall be heard.
2. The sentencing shall be done in proportion to the offence committed, and must fall within maximum and minimum guidelines as established by current statute law.
Appeals

1. Either party may appeal a decision to the highest court that accepts to hear the case, if they consider it incorrect or too strict/lenient in proportion to the offence.

Put me as a sponsor.

[Corenea]

Constitution of Aurentina

Category: Miscellaneous | Urgency: High | Authors: James Brit (Independent), Alexander Ainin (New Democratic Party), Boris Johnson (Aurentine Liberals and Moderates), Whatshisface Quendi (Independent), Whatshisface Nepal (Independent), Geoff Angleter (Reform Party), Otto Karl Ludwig Graf von Tyrannien (Classical Monarchist Party), Titolli de Medici (Classical Monarchist Party), Jonathan Bates (National Centre Party), John Geil (New Democratic Party), Wulukuno Porunalakai (New Democratic Party), James Fulflood (New Democratic Party), Robert Glasgia (Market Socialist Party) | Co-Sponsors:

Recognising that Aurentine currently has no form of official constitution.

Understanding the need for one to be immediately established.

We, the Senate and People of Aurentina, cognizant of our great heritage, mindful of the challenges any nation faces, and seeking to preserve a strong and free nation for both ourselves and generations to come, do hereby establish this Constitution, as the foundation for a new future steeped in the principles of justice, freedom and liberty. May it stand as a testament to our nation’s dedication to these principles.

Right to freedom

1. Every person shall have the right to live no matter what their crime shall be, and no law which provides for capital punishment shall be made.
2. No person shall be deprived of their personal liberties as stated below.
3. Every person shall have the following freedoms
(a) freedom of opinion and verbal expression;
(b) freedom to assemble peacefully and without arms;
(c) freedom to form political parties;
(d) freedom to form unions and associations;
(e) freedom to move to any region of the nation and reside in any part of the nation where permitted by the landowner; and
(f) freedom to engage in any occupation or be engaged in employment, industry and trade, as long as it abides by the laws of Aurentina.

Right to equality

1. No person shall be denied the equal protection of the law, and all shall be judged under the same law.
2. The state shall not discriminate, in laws or in words, among people on grounds of religion, race, caste, sexuality, tribe, sex, gender, origin (not including nationality) or ideological conviction.

Right to life

1. Every born person shall have the right to life.
2. Every person shall have the right to self defence within reason and proportionality.

Right to property

1. All people have the right to the ownership of, and the free management within legal boundaries of, their personal property, as well as any real property under the ownership of those citizens.
2. No people shall be deprived of their personal or real property unless it is legally constituted and with the condition of a just and prior compensation equal to the value of the property.
3. Real property may be requisitioned by the government for infrastructure or other public interests if a judge approves such a requisitioning. Real property may not be requisitioned by the government for private commercial interests.
4. The exceptions to the above are as follows:
• a) This right does not however, apply to or include any form of business institutions that are associated either with that person or the property of that person.
• b) This right does not however, apply to or include illegal items, substances or other property as according to law, such as, but not limited to, banned weapons and illegal narcotics.
• c) The taxation, levying of fines, et cetera upon property, or taxes and fines in general upon the population, of all kinds shall not be considered in violation of this right.

Right to freedom of belief and religion

1. Every person shall have the right to profess, practise and preserve their own religious beliefs chosen by them, as long as the beliefs they follow are non-exploitative and stay within the provisions laid out in this Constitution.
2. Every person shall have right to denounce religious beliefs if they see fit.
3. Every religious denomination shall have the right to maintain its independent existence, and for this purpose to manage and protect its religious places and religious trusts, in accordance with Constitution.
4. No person shall be entitled to convert another person from one religion to another except with voluntary consent.
5. The state shall not establish any law or take any action explicitly favouring or denouncing any religion based on its beliefs, cultural traditions or lack thereof as long as these beliefs and traditions are within the provisions laid out in this Constitution.
6. The state shall not establish an official religion.
7. No person shall be prosecuted purely for any belief they may hold.

Right to publication and broadcasting

1. There shall be no prior censorship by the state of publication and broadcasting or printing of any news item, editorial, article, feature or other reading or audio-visual material by any means including electronic publication, broadcasting and the press.
2. The state shall not censor any true published, transmitted or broadcasted information.
3. No broadcasting, publishing or transmission of material using radio, television, online or other types of digital or electronic equipment or medium, no such equipment or medium shall be closed or seized, or have any registration cancelled because of such broadcasting, publication or printing.
4. No newspaper, periodical or publication shall have its operations closed or real property seized, nor shall its registration be cancelled or publications be seized, merely for printing or publishing any truthful news items, articles, editorials, writings or other reading material.
5. No means of communication, including the press, electronic broadcasting and telephone, shall be obstructed except for utmost national safety as determined by legislation and the highest judge of the nation.

Right to health and environment

1. Every citizen and resident shall have the right to basic health services and medical services deemed necessary by a mental or physical health professional.
2. Every person shall have the right to air, ground and water conditions around said person's residence which do not cause or significantly contribute to disruptive health problems.

Right to education

1. Every citizen and resident shall have the right to free education from age four until the end of secondary education, which shall finish during their nineteenth year.

Right to culture

1. Each community residing has the right to use, preserve and promote its language, script, culture, cultural civilisation and heritage with private funds provided it is not in interference with national or local safety or the health and liberties of others.

Rights of children

1. Every child shall have the right to their own identity and name.
2. Every child shall have the right to be nurtured to basic health and social security.
3. Every child shall have the right not to be subjected to physical, mental or any other form of exploitation. Any such act of exploitation performed by a criminally responsible person shall be punishable by law and any child so treated shall be compensated as determined by law.
4. No minor (under the age of 16) shall be employed as a manual labourer in factories, mines or in any other hazardous work nor shall be used in any military or police forces.

Rights regarding justice

1. No person shall be detained without being informed of the ground for such an arrest.
2. The person who is arrested shall have the right to consult a legal practitioner of his/her choice during the arrest, chosen at the time of the arrest. The consultation made by such a person with the legal practitioner (any person who is authorized by law to represent any person in any court) and the advice given thereon shall remain confidential, and such a person shall not be denied the right to be defended by his/her their legal practitioner.
3. Every person who is arrested shall be produced before a judicial authority within a period of twenty-four hours after such arrest or consultation of desired legal advice, whichever is longer. This time excludes the time necessary for the journey from the place of arrest to such authority, and the arrested person shall not be detained in custody beyond the said period except on the order of judicial authority.
4. No person shall be punished for an act which was not punishable by law when the act was committed, and no person shall be subjected to a punishment greater than that prescribed by the law in force at the time of the offence.
5. No person accused of any offence shall be assumed to be an offender until proven guilty.
6. No person shall be prosecuted or punished for the same offence in a court of law more than once.
7. No person accused of any offence shall be compelled to be a witness against themself.
8. Every person undergoing trial shall have the right to be informed about the proceedings of the trial.
9. Every person shall be entitled to a fair trial by a competent court or judicial authority.
10. Any indigent person shall have the right to free legal aid in accordance with law.

Right against preventive detention

1. No person shall be held under preventive detention unless they have committed a conspiracy crime.
2. If an authority detains a person contrary to law or in bad faith, the person detained is entitled to compensation under the law.

Right to humane detention

1. No person who is detained during investigation, for trial, as a punishment for a crime or for any other reason shall be subjected to physical or mental torture, or be treated in a cruel, inhuman or degrading manner.
2. No person who is detained shall be treated differently with regards to the terms of their detention from those who have committed or are alleged to have committed the same crime.

Right to information

1. Every citizen or resident shall have the right to request or obtain information from the government on any matters of concern to themself or to the public provided this does not infringe upon national security as determined by appropriate judicial means, involving the decision of at least one judge.

Right to privacy

1. Except in extreme circumstances provided by law, details in relation to the person, and to their documents, records and correspondence, and their legal actions shall not be distributed to the general populace by the government.
2. Every person has the right to keep the details mentioned above from the knowledge of the public.

Right against exploitation

1. No person shall be subjected to human trafficking, slavery or bonded labour.
2. No person shall be subject to forced labour.

Right against exile

1. No person may be exiled.

Right to constitutional remedy

1. Rights protected under this act are to be established to be inviolable unless struck out by a supermajority of two-thirds of the senate and the majority of professional state-recognised judges, excluding those judges who have been appointed by any past or present member of Parliament.
2. If any individual views any rights established here to have been violated, they may seek appropriate judicial action through a judicial constitutional appeal process.

The State

I. The name of the state shall be the Commonwealth of Aurentina.
II. The Commonwealth shall be a sovereign and indivisible nation-state.
III. The territory of the Commonwealth shall be its entire territory upon the ratification of this Constitution, as well as any further territories acquired since then.

Structure

I. The Commonwealth shall be a Federal Republic, Semi-Presidential State
II. Each municipality within the Commonwealth shall be guaranteed its own directly elected legislature, responsible for local issues.
III. Leishaagen shall be the capital city of the Commonwealth.

President

1) There shall be presidential elections in senate every two months to appoint elect a president to serve as head of state with all rights and responsibilities endowed with such position.
2) President shall be formally referred to as the President of the Commonwealth of Aurentina.

Prime Minister

1) Prime Minister shall serve as head of government with all rights and responsibilities endowed with such position.
2) Prime Minister shall be formally referred to as the Prime Minister of the Government of the Commonwealth of Aurentina.

Council of Ministers

1) Council of ministers shall be appointed by prime minister upon accession to office.
2) Ministers shall be formally referred to as the Minister of [Insert Ministry Here]

The Opposition

1) Opposition shall be any party or coalition of parties who are not considered as part of the government by the Prime Minister.
2) The Opposition shall be entitled to create a shadow government.
3) Members of shadow government, should it be created shall be formally refereed to as the Shadow Minister of [Insert Ministry Here]

Basic Law

I. The Constitution shall be the supreme law of the Commonwealth.
II. The provisions of the Constitution shall apply directly, unless the Constitution provides otherwise.
III. The Commonwealth shall respect international law binding upon it.

Language

I. English and Aurentine shall be the official languages of the Commonwealth.
II. This provision shall not infringe upon the rights of national minorities.

Coat of Arms

I. The lesser coat of arms of the Commonwealth shall be a shield, with the top side consisting of a white star surrounded by twenty smaller stars on a blue field, with the bottom-left side consisting of a white hammer on a red field, and the bottom-right side consisting of a white laurel leaf on a black field.
II. The greater coat of arms of the Commonwealth shall be the lesser coat of arms, with a mural crown above the shield, and two national flags as supporters, flanked by two laurel leaves and with the motto "Democratia, Sensibilitate, Libertas" in the compartment.

Flag

I. The national flag of the Commonwealth shall be a horizontal tricolor of black, white and blue.
II. The state flag of the Commonwealth shall be a horizontal tricolor of black, white and blue charged with the lesser coat of arms moved 1/3 towards the hoist.
III. The war flag of the Commonwealth shall be a red field with the state flag in the canton, charged with two crossed swords.
IV. The civil ensign of the Commonwealth shall be a swallowtailed version of the national flag.
V. The state ensign of the Commonwealth shall be the civil ensign, charged with the lesser coat of arms moved 1/3 towards the hoist.
VI. The naval ensign of the Commonwealth shall be a white field with a red cross, with the state flag in the canton.
VII. The naval jack of the Commonwealth shall be square-shaped, with the lesser coat of arms charged on a blue field, fimbriated by white and black outlines.
VIII. The standard of the Head of State of the Commonwealth shall be a stylized heraldic banner of the lesser coat of arms.
IX. The standard of the Head of Government of the Commonwealth shall be a blue field charged with the greater coat of arms fimbriated with white.

National Anthem

I. The national anthem of the Commonwealth shall be "Aurentina, Land of Liberty"
II. Preferably, both the English and the Aurentine lyrics shall be sung. Otherwise, the English lyrics shall be preferred.

Provinces
1. Aurentina shall be divided into provinces which may not be altered unless by ammendment of this constitution, these divisions shall be in an attached document labelled "attachment 3(1)".
2. Provinces shall have powers stated in this clause, and no further unless authorised by presiding federal government for the term of the said federal government.

a) Legislation: Provinces shall have right to pass laws which shall be in effect within the said province provided the said laws do not violate federal laws, this constitution or any applicable directive issued by presiding federal government. If any new directives is issued by presiding federal government which contradicts the provincial laws, contradicting provincial laws are to be suspended for duration of effectiveness of federal governmental directive. Through new laws, provinces may create a crime however these crimes may not be over a delict offence.
b)Provincial Representatives: Provinces shall have a democratic leader with the title First Representative of the Province, from now on to be known as the First Representative. The First Representative must be elected either from provincial parliament or directly by the electorate themselves, in fair elections held once every two months. If the First Representative dies, resigns or a petition against the First Representative consisting of five percent of the province's population is handed to the Prime Minister, then new elections shall be held within a week.
c) Executive Branch: The First Representative may appoint a Prefect, once approved by the provincial legislature, to preside over a provincial cabinet, in turn appointed by the Prefect. Itself under leadership of the Prefect, the cabinet is charged with determining provincial policy and should consist of individuals educated in their respective areas of advice.
d) Judicial System: Provinces shall maintain local and provincial courts. Judges appointed to such courts should meet standards outlined in national legislation as well as have partaken in a two-week course in regional law practice. As to avoid political appointments, judges must be approved both the Prefect and the Courts and Tribunals Service.
e) Social security: Provinces shall have complete authority over any social security payments in accordance to federal regulations. Social security shall include any form of payment paid by the state to a citizen to assist in the said citizen's livelihood including universal credit, social housing, universal healthcare.
f) Housing: Provinces shall have complete authority over housing regulations provided they do not violate federal laws, federal executive government directives or present clear and present danger to the welfare of the entire federation.
g) Energy: Provinces shall have complete authority over energy production, supplementary to the federal power grid, provided they are able to meet energy requirements of their province. If the province fails to meet energy requirement of their province for period of two weeks continuously or ten weeks over period of a year, federal government may suspend this right and take over production of energy. Provinces who produce surplus energy may supply other provinces with energy, only if such an agreement has been ratified by both legislative branches.
h) Services: Provinces shall have complete authority other amenities (fire service, local constabularies, regional health authorities, public transport, libraries, leisure and recreation, waste collection and waste disposal) unless they are deemed unable to provide any of these by a federal commission in which case, the federal government may suspend this right and take over.
i) Environment: Provinces shall have complete authority over environment of the province, within its jurisdiction, and any beautifications carried out within that jurisdiction.
j) Sub division: Provinces shall have right to create further sub divisions within their province and delegate it with powers, not exceeding the powers province government has. However, provincial government shall be ultimately responsible for any actions carried out by sub divisions they created.
k) Taxation: Provinces shall have the right to implement additional taxation within the province, though such taxation may not raise more than a tenth of the province's wealth - wealth being calculated as the total of all private assets within the province.

3. 2. Provinces shall have responsibilities stated in this clause, and no further unless authorised by the senate by amending this document.

a) All provinces are to have a elected, unicameral legislature.
b) All provinces must respect and recognise supremacy of the federal government at all times.
c) Abide by federal laws passed by senate and directives issued by federal government at all times.

1. Every senator of the Commonwealth of Aurentina shall have the right to write bills.
2. A bill must specify the title of the bill, the author(s) of the bill, the urgency of the bill, the category of the bill and the co-sponsors of the bill.

a) Any titles of bills that are found to be offensive or inappropriate shall cause the administration team of the senate to remove the bill from the chamber queue of legislation. The administration team shall be tasked with deciding what shall be classed as offensive and inappropriate.
b) The name(s) of the author(s) of bills must be displayed clearly and their party's abbreviations given in brackets.
c) The urgency of the bill shall range from Low, to Moderate, to High, to Paramount. If any urgency is classed as incorrect by the administration team of the senate, it shall have the right to change the urgency.
d) The categories of bills shall be mandated to be one of the following: Health (To deal with issues pertinent to the Health Ministry), International Relations (To deal with issues pertinent to the International Development, Defense, and Foreign Affairs Ministries), Order (To deal with issues pertinent to the Interior and Justice Ministries), Miscellaneous (To deal with issues that do not fit under any other category provided), Business and Finance (To deal with issues pertinent to the Work, Commerce, and Treasury Ministries), Environment and Energy (To deal with issues pertinent to the Environment and Energy Ministries), Domestic Development (To deal with issues pertinent to the Transportation, Agriculture, Education, Research, Telecommunications, and Culture Ministries) or Senate Procedures (To deal with issues pertinent to the procedures and actions of the senate).

3. A budget shall not be classed as a bill.

a) It shall be the duty of the government to allocate spending to each ministry.
b) The government shall not require the approval of the senate to pass spending plans.
c) All forms of revenue shall have to receive the approval of the senate and must be presented in the form of a bill.
d) The Minister of Finance shall be responsible for allocating spending, but may receive advice, in varying amounts, from the rest of the government and the opposition.
e) The opposition shall not be permitted to propose a budget, nor a "shadow budget".

[box]1. Every citizen of the Commonwealth of Aurentina shall have the right to stand for a position as a senator.

a) The subject of non-citizens having the right to stand for the position of senator shall be left to later legislation.
b) The subject of minors having the right to stand for the position of senator shall be left to later legislation.
c) The subject of criminals having the right to stand for the position of senator shall be left to later legislation.

2. There shall be one senator for each constituency.
3. A person must be elected to the position of senator.

a) Elections for senators shall occur at the same time as elections for president.
b) The candidate who receives the largest number of votes shall be elected senator, regardless of whether it was more than 50%.
c) All forms of bribery to gain votes shall be banned, and any candidate found with connections to bribery shall be banned from taking place in an election, although they remain with the right to stand for senator at elections in the future.
d) Voting shall be anonymous, and no person shall be forced into revealing who they voted for, unless that information is required by the authorities regarding a criminal investigation.
e) All those who are the age of 16 years or over shall have the right to vote.

4. A senator shall have the following powers.

a) The ability to vote on legislation presented to the senate.
b) The ability to debate on legislation presented to the senate.
c) The ability to draft legislation.
d) The ability to co-sponsor legislation.

The following, together, shall be known as the states of emergency.

State of Peacetime Emergency
A state of peacetime emergency is to be declared by the President [of Aurentina], Prime Minister or Minister of the Interior, in the event that there is overwhelming proof at least 10% of the civilians of the area the state of emergency is being declared in are at imminent of harm or devastation. A state of peacetime emergency expires one week after the initial declaration, and is renewable.

During a state of peacetime emergency, the following are authorised:

1. Unwarranted search of properties
2. Deployment of Gendarmerie, Military and Paramilitary assets in aid of law enforcement
3. Suspension of certain sections of the Charter of Rights, namely:
   • Section 3d (Right to Freedom)
   • Section 2 (Right to Property)
   • Sections 2 and 3 (Rights regarding justice)
   • Sections 1 and 2 (Right against preventive detention)

State of Apprehended Insurrection
A state of apprehended insurrection may be initiated unilaterally by the President of Aurentina, in their capability as Commander-in-Chief of the Commonwealth Armed Forces, via executive decree. It is to be used in the case of a large-scale and violent uprising in Aurentina. The Senate may overturn the decree by a simple majority of present senators voting in favour. Misuse of the state of apprehended insurrection is grounds for impeachment. A state of apprehended insurrection expires one month after the initial declaration, and is renewable.

During a state of apprehended insurrection, the following are authorised:

1. Unwarranted search of properties
2. Deployment of Gendarmerie, Military and Paramilitary assets in aid of law enforcement
3. Military control of civilian law enforcement assets
4. Suspension of certain sections of the Charter of Rights, namely:
   • Sections 3a, 3b and 3d (Right to Freedom)
   • Section 2 (Right to Property)
   • Sections 2 and 3 (Rights regarding justice)
   • Sections 1 and 2 (Right against preventive detention)

State of Absolute Insurrection
A state of absolute insurrection may be initiated by the Senate via a 75% supermajority of voting senators, and is only to be used in the case the Aurentine nation is at imminent risk of violent destruction at the hands of a foreign power or internal rebellion. Before coming into force, it must be validated by the Supreme Court of Aurentina. A state of apprehended insurrection does not expire, and must be repealed by a simple majority vote of the Senate.

Under a state of absolute insurrection, the following are authorised:

1. Prorogation of the Senate, and transfer of legislative power to the Council of State
2. Deployment of Gendarmerie, Military and Paramilitary assets in aid of law enforcement
3. Suspension of the Charter of Rights in its entirety

Establishment of Courts of Law

1. Each city with a population above 50,000 shall have a Court of First Instance, which may be cited as the [City Name] Court of First Instance, [City Name] being a placeholder for the name of the city, to be situated inside the limits of said city, or nearest territorial holdings.
2. Each province shall have a Superior Court, which may be cited as the [Province Name] Superior Court, [Province Name] being a placeholder for the name of the province, to be situated in the provincial capital.
3. Each province shall have a Court of Appeal, which may be cited as the [Province Name] Court of Appeal, [Province Name] being a placeholder for the name of the province, to be situated in the provincial capital.
4. The Supreme Court of the Aurentine Commonwealth is to be located in the capital of the Commonwealth, and in no other place. It shall have its own building.

On Warrants

1. Warrants may be issued by the following persons:
   1. A sworn-in prosecutor of the Commonwealth Prosecution Service acting in their official capability as judicial officer
   2. A judge acting in their official capability as magistrate of law
2. The following orders may be issued by the above persons:
   
   1. Warrant to search and seize property
   2. Warrant to arrest an individual
   3. Order to not leave the solid ground of the Aurentine Commonwealth
   4. Order to not enter a 500m radius of a port of entry/exit
   5. Restraining order against specific organisations or buildings
   6. Warrant to put an individual under house arrest
   7. Warrant to record and/or monitor an individual's telephone, telegram, fax and Internet communications
   8. Order to report a specific location at scheduled times
   9. Order to not exit one's own home within specific hours
3. Warrants must contain the following, and are otherwise legally null and void:
   1. Date issued
   2. Date of expiry (must be within 1 week; only applies for search/seizure and arrest warrants)
   3. Name of issuing person and authority, separated by a comma
   4. Signature of said person
   5. Evidence leading to warrant being issued
   6. Name of recipient
   7. Time scheduled for reporting (only applies to orders to report to a location)
   8. Hours prohibited from exiting home (only applies to orders to not exit home within specific hours)

Statutory Interpretation

1. Federal Legislation
   1. In case the terms used by a law passed by the Senate of the Aurentine Commonwealth are unclear or otherwise prone to confusion or misinterpretation, the Ministry of Justice, or an individual actual person, may request a hearing for judicial interpretation from the Supreme Court of Aurentina. If the court judges the case not to be frivolous, it shall convene, and interpret the meaning of specific parts of a bill, taking into account, by order of importance (from most to least):
      1. Noscitur a sociis: the context within the rest of the bill
      2. Author Intent: The intended meaning, to be declared by the author of the law in question under oath to a court of law
      3. Plain meaning: The generally-accepted meaning of a word
2. Provincial Legislation
   1. In case the terms used by a law passed by a provincial legislature are unclear or otherwise prone to confusion or misinterpretation, the federal Ministry of Justice, or an individual actual person, may request a hearing for judicial interpretation from the Superior Court of the province in which the statute was passed. If the court judges the case not to be frivolous, it shall convene, and interpret the meaning of specific parts of a bill, taking into account, by order of importance (from most to least):
      1. Noscitur a sociis: the context within the rest of the bill
      2. Author Intent: The intended meaning, to be declared by the author of the law in question under oath to a court of law
      3. Plain meaning: The generally-accepted meaning of a word
3. Such a ruling may not be appealed.

Hearings

1. Contraventions and delicts shall be initially tried in a Court of First Instance.
2. Felonies shall be initially tried in a Superior Court.
3. If a case with numerous charges that include felonies is brought to trial as part of a single investigation, the case shall be initially heard in a Superior Court.
4. Civil litigation shall initially be tried in a Court of First Instance.
5. Judicial Review against a provincial statute shall initially be tried in a Superior Court.
6. Judicial Review against a federal statute shall be tried in the Supreme Court.

Court of First Instance

1. The Court of First Instance shall be the lowest court in the judicial hierarchy.
2. Each Court of First Instance shall have 5 judges, and a case shall be heard in front of a single judge.

Superior Court

1. The Superior Court shall be a trial court for felonies, an administrative court for provincial statute-related judicial interpretation, and an appeals court for cases initially heard in the Court of First Instance.
2. Each Superior Court shall have 15 judges, one of which will be elected by their peers as the Chief Justice of the Superior Court of [Province], [Province] being a placeholder for the name of the province said court is located in.
3. The Superior Court is a court of record.

Court of Appeal

1. The Court of Appeal shall be the highest court in the judicial hierarchy for criminal prosecution or civil litigation whose outcome does not establish any precedent of significant public interest.
2. Each Court of Appeal shall have 30 judges, one of which will be elected by their peers as the Chief Justice of the Court of Appeal of [Province], [Province] being a placeholder for the name of the province said court is located in.
3. The Court of Appeal is a court of record.

Supreme Court

1. The Supreme Court of Aurentina shall be the highest court in the judicial hierarchy.
2. The Supreme Court shall consist of 9 judges, one of which will be elected by their peers as the Chief Justice of the Supreme Court of Aurentina.
3. All other courts and judicial institutions shall be under the Supreme Court. The Supreme Court may inspect, supervise and give directives to its subordinate courts and other judicial institutions.
4. The Supreme Court shall be a Court of Record and may initiate proceedings and impose penalties in accordance with law for contempt of itself and of its subordinate courts or judicial institutions.
5. The Supreme Court shall have the final power to interpret this Constitution, which is to be considered a federal statute for the sole purpose of statutory interpretation classification.
6. If the Supreme Court is satisfied that the dispensation of justice on a case registered in a court may be affected if heard by that court, the Supreme Court may order another court of similar level to hear such case or hear the case itself.
7. If the full panel of the Supreme Court unanimously agrees that either:
   1. The person bringing the appeal was not authorised to do so by the original plaintiff
   2. The appeal does not constitute a significant interest for establishing precedent
   then the lower court (Provincial Court of Appeal)'s decision stands.
8. Every year, Supreme Court shall submit its annual report to the Prime Minister, and the Prime Minister shall make arrangement to submit such reports before the Aurentine Senate. The annual report will consist of:
   
   1. the quantitative descriptions of the cases registered in the Supreme Court and other subordinate courts,
   2. the number of disposed and pending cases and the reason for them pending,
   3. details of new precedents propounded by courts,
   4. number of cases reviewed by the Supreme Court,
   5. description of the judicial comment made by the Supreme Court, if any, on the matters of competency regarding the conduct of judicial duty of judge of a court subordinate to it,
   6. amount of fines and penalties reimbursed,
   7. description on the implementation of a decision,
   8. the budget appropriated to the Supreme Court and subordinate courts, and statement of expenditures

Judicial Review

1. No legislature in the Aurentine Commonwealth is permitted to enact a law contradicting the will and intent of the Constitution.
   An individual may file suit to challenge such laws, and the court will either rule to
   1. Uphold the statute as staying within the will and intent of the Constitution.
   2. Strike Down the statute, or certain sections of it, as contrary to the will and intent of the Constitution.
2. If the statute or parts of the statute is (are) struck down, it (they) shall be rendered null and void.
3. A presiding judge during a criminal case may choose to strike down the law (or parts of the law) the defendant is charged under, therefore acquitting them, if it judges the law to be contrary to the will and intent of the Constitution.

Associated Legal Titles

1. A civil case will bear the name of [Surname of Plaintiff] v. [Surname of Defendant], [Year], [Province], [Court Identifier]. (i.e. Smith v. Doe, 2013, FED, SCA).
2. A criminal case brought by a federal prosecutor will bear the name of Commonwealth v. [Surname of Defendant], [Year], [Province], [Court Identifier].
3. A criminal case brought by a provincial prosecutor will bear the name of Commonwealth Prosecution Service v. [Surname of Defendant], [Year].
4. A case of judicial review against a federal law will bear the name of [Surname of Plaintiff] v. Commonwealth, [Year], [Province], [Court Identifier].
5. A case of judicial review against a provincial law will bear the name of [Surname of Plaintiff] v. [Province Name], [Year], [Province], [Court Identifier].
6. A case of statutory interpretation will bear the name of RE: [Name of Law in Question], [Year], [Province], [Court Identifier].
7. The legal surname of the Federal Government of Aurentina is "Ministry of Justice".
8. The legal surname of a Provincial Government is the name of the province.

Court Procedure

Plea
1. At the beginning of a criminal trial, the suspect(s) on trial shall be asked to enter a plea. The allowable pleas are:
   
   1. Guilty, a confession to the offence leading to the conclusion of the trial and a sentencing hearing
      
   2. Not Guilty (alternatively innocent), a denial of the offences of which the suspect is accused of
   3. Autrefois convict/acquit, a declaration that the trial constitutes a violation of Section 6 (Rights Regarding Justice) of the Charter of Rights
2. A plea must be clear, voluntary and intelligently-announced.
3. Failing any of these conditions, the plea shall be considered not guilty.
Trial

1. The Aurentina judiciary shall use a semi-adversarial system.
2. At the trial, all witnesses and the experts must bear testimony once again and are mandated to swear an oath to tell the truth and nothing but the truth. The defendant(s) has/have an option to make a testimony at any point of the trial, but he/she is not required to swear an oath. The Prosecutor or an Attorney of a party has the right to cross-examine the witness or expert if necessary to correct any information or point out contradictions that can change the case significantly and if the cross-examinations has resulted in any new information coming to light or contradictions being revealed, then the Judge is required to make the testifier retestify to ensure that all information is corrected. The court may be adjourned if new information that requires investigation by the Prosecutor comes to light. The Judge(s) then declare their verdict once all evidence has been submitted; a majority, in the case of a panel, is required for a verdict of guilt.
Sentencing

1. Following a finding of guilt/acquittal, a sentencing hearing with the same trial judge (unless said judge is incapacitated) and both the prosecution and defence shall be heard.
2. The sentencing shall be done in proportion to the offence committed, and must fall within maximum and minimum guidelines as established by current statute law.
Appeals

1. Either party may appeal a decision to the highest court that accepts to hear the case, if they consider it incorrect or too strict/lenient in proportion to the offence.

Sponsered

[The Ministry of Defence]

Constitution of Aurentina

Sponsored.

-Marius Kruger (IP) (Mediciano)

[Macedonian Grand Empire]

Constitution of Aurentina

Category: Miscellaneous | Urgency: High | Authors: James Brit (Independent), Alexander Ainin (New Democratic Party), Boris Johnson (Aurentine Liberals and Moderates), Whatshisface Quendi (Independent), Whatshisface Nepal (Independent), Geoff Angleter (Reform Party), Otto Karl Ludwig Graf von Tyrannien (Classical Monarchist Party), Titolli de Medici (Classical Monarchist Party), Jonathan Bates (National Centre Party), John Geil (New Democratic Party), Wulukuno Porunalakai (New Democratic Party), James Fulflood (New Democratic Party), Robert Glasgia (Market Socialist Party) | Co-Sponsors:

Recognising that Aurentine currently has no form of official constitution.

Understanding the need for one to be immediately established.

We, the Senate and People of Aurentina, cognizant of our great heritage, mindful of the challenges any nation faces, and seeking to preserve a strong and free nation for both ourselves and generations to come, do hereby establish this Constitution, as the foundation for a new future steeped in the principles of justice, freedom and liberty. May it stand as a testament to our nation’s dedication to these principles.

Right to freedom

1. Every person shall have the right to live no matter what their crime shall be, and no law which provides for capital punishment shall be made.
2. No person shall be deprived of their personal liberties as stated below.
3. Every person shall have the following freedoms
(a) freedom of opinion and verbal expression;
(b) freedom to assemble peacefully and without arms;
(c) freedom to form political parties;
(d) freedom to form unions and associations;
(e) freedom to move to any region of the nation and reside in any part of the nation where permitted by the landowner; and
(f) freedom to engage in any occupation or be engaged in employment, industry and trade, as long as it abides by the laws of Aurentina.

Right to equality

1. No person shall be denied the equal protection of the law, and all shall be judged under the same law.
2. The state shall not discriminate, in laws or in words, among people on grounds of religion, race, caste, sexuality, tribe, sex, gender, origin (not including nationality) or ideological conviction.

Right to life

1. Every born person shall have the right to life.
2. Every person shall have the right to self defence within reason and proportionality.

Right to property

1. All people have the right to the ownership of, and the free management within legal boundaries of, their personal property, as well as any real property under the ownership of those citizens.
2. No people shall be deprived of their personal or real property unless it is legally constituted and with the condition of a just and prior compensation equal to the value of the property.
3. Real property may be requisitioned by the government for infrastructure or other public interests if a judge approves such a requisitioning. Real property may not be requisitioned by the government for private commercial interests.
4. The exceptions to the above are as follows:
• a) This right does not however, apply to or include any form of business institutions that are associated either with that person or the property of that person.
• b) This right does not however, apply to or include illegal items, substances or other property as according to law, such as, but not limited to, banned weapons and illegal narcotics.
• c) The taxation, levying of fines, et cetera upon property, or taxes and fines in general upon the population, of all kinds shall not be considered in violation of this right.

Right to freedom of belief and religion

1. Every person shall have the right to profess, practise and preserve their own religious beliefs chosen by them, as long as the beliefs they follow are non-exploitative and stay within the provisions laid out in this Constitution.
2. Every person shall have right to denounce religious beliefs if they see fit.
3. Every religious denomination shall have the right to maintain its independent existence, and for this purpose to manage and protect its religious places and religious trusts, in accordance with Constitution.
4. No person shall be entitled to convert another person from one religion to another except with voluntary consent.
5. The state shall not establish any law or take any action explicitly favouring or denouncing any religion based on its beliefs, cultural traditions or lack thereof as long as these beliefs and traditions are within the provisions laid out in this Constitution.
6. The state shall not establish an official religion.
7. No person shall be prosecuted purely for any belief they may hold.

Right to publication and broadcasting

1. There shall be no prior censorship by the state of publication and broadcasting or printing of any news item, editorial, article, feature or other reading or audio-visual material by any means including electronic publication, broadcasting and the press.
2. The state shall not censor any true published, transmitted or broadcasted information.
3. No broadcasting, publishing or transmission of material using radio, television, online or other types of digital or electronic equipment or medium, no such equipment or medium shall be closed or seized, or have any registration cancelled because of such broadcasting, publication or printing.
4. No newspaper, periodical or publication shall have its operations closed or real property seized, nor shall its registration be cancelled or publications be seized, merely for printing or publishing any truthful news items, articles, editorials, writings or other reading material.
5. No means of communication, including the press, electronic broadcasting and telephone, shall be obstructed except for utmost national safety as determined by legislation and the highest judge of the nation.

Right to health and environment

1. Every citizen and resident shall have the right to basic health services and medical services deemed necessary by a mental or physical health professional.
2. Every person shall have the right to air, ground and water conditions around said person's residence which do not cause or significantly contribute to disruptive health problems.

Right to education

1. Every citizen and resident shall have the right to free education from age four until the end of secondary education, which shall finish during their nineteenth year.

Right to culture

1. Each community residing has the right to use, preserve and promote its language, script, culture, cultural civilisation and heritage with private funds provided it is not in interference with national or local safety or the health and liberties of others.

Rights of children

1. Every child shall have the right to their own identity and name.
2. Every child shall have the right to be nurtured to basic health and social security.
3. Every child shall have the right not to be subjected to physical, mental or any other form of exploitation. Any such act of exploitation performed by a criminally responsible person shall be punishable by law and any child so treated shall be compensated as determined by law.
4. No minor (under the age of 16) shall be employed as a manual labourer in factories, mines or in any other hazardous work nor shall be used in any military or police forces.

Rights regarding justice

1. No person shall be detained without being informed of the ground for such an arrest.
2. The person who is arrested shall have the right to consult a legal practitioner of his/her choice during the arrest, chosen at the time of the arrest. The consultation made by such a person with the legal practitioner (any person who is authorized by law to represent any person in any court) and the advice given thereon shall remain confidential, and such a person shall not be denied the right to be defended by his/her their legal practitioner.
3. Every person who is arrested shall be produced before a judicial authority within a period of twenty-four hours after such arrest or consultation of desired legal advice, whichever is longer. This time excludes the time necessary for the journey from the place of arrest to such authority, and the arrested person shall not be detained in custody beyond the said period except on the order of judicial authority.
4. No person shall be punished for an act which was not punishable by law when the act was committed, and no person shall be subjected to a punishment greater than that prescribed by the law in force at the time of the offence.
5. No person accused of any offence shall be assumed to be an offender until proven guilty.
6. No person shall be prosecuted or punished for the same offence in a court of law more than once.
7. No person accused of any offence shall be compelled to be a witness against themself.
8. Every person undergoing trial shall have the right to be informed about the proceedings of the trial.
9. Every person shall be entitled to a fair trial by a competent court or judicial authority.
10. Any indigent person shall have the right to free legal aid in accordance with law.

Right against preventive detention

1. No person shall be held under preventive detention unless they have committed a conspiracy crime.
2. If an authority detains a person contrary to law or in bad faith, the person detained is entitled to compensation under the law.

Right to humane detention

1. No person who is detained during investigation, for trial, as a punishment for a crime or for any other reason shall be subjected to physical or mental torture, or be treated in a cruel, inhuman or degrading manner.
2. No person who is detained shall be treated differently with regards to the terms of their detention from those who have committed or are alleged to have committed the same crime.

Right to information

1. Every citizen or resident shall have the right to request or obtain information from the government on any matters of concern to themself or to the public provided this does not infringe upon national security as determined by appropriate judicial means, involving the decision of at least one judge.

Right to privacy

1. Except in extreme circumstances provided by law, details in relation to the person, and to their documents, records and correspondence, and their legal actions shall not be distributed to the general populace by the government.
2. Every person has the right to keep the details mentioned above from the knowledge of the public.

Right against exploitation

1. No person shall be subjected to human trafficking, slavery or bonded labour.
2. No person shall be subject to forced labour.

Right against exile

1. No person may be exiled.

Right to constitutional remedy

1. Rights protected under this act are to be established to be inviolable unless struck out by a supermajority of two-thirds of the senate and the majority of professional state-recognised judges, excluding those judges who have been appointed by any past or present member of Parliament.
2. If any individual views any rights established here to have been violated, they may seek appropriate judicial action through a judicial constitutional appeal process.

The State

I. The name of the state shall be the Commonwealth of Aurentina.
II. The Commonwealth shall be a sovereign and indivisible nation-state.
III. The territory of the Commonwealth shall be its entire territory upon the ratification of this Constitution, as well as any further territories acquired since then.

Structure

I. The Commonwealth shall be a Federal Republic, Semi-Presidential State
II. Each municipality within the Commonwealth shall be guaranteed its own directly elected legislature, responsible for local issues.
III. Leishaagen shall be the capital city of the Commonwealth.

President

1) There shall be presidential elections in senate every two months to appoint elect a president to serve as head of state with all rights and responsibilities endowed with such position.
2) President shall be formally referred to as the President of the Commonwealth of Aurentina.

Prime Minister

1) Prime Minister shall serve as head of government with all rights and responsibilities endowed with such position.
2) Prime Minister shall be formally referred to as the Prime Minister of the Government of the Commonwealth of Aurentina.

Council of Ministers

1) Council of ministers shall be appointed by prime minister upon accession to office.
2) Ministers shall be formally referred to as the Minister of [Insert Ministry Here]

The Opposition

1) Opposition shall be any party or coalition of parties who are not considered as part of the government by the Prime Minister.
2) The Opposition shall be entitled to create a shadow government.
3) Members of shadow government, should it be created shall be formally refereed to as the Shadow Minister of [Insert Ministry Here]

Basic Law

I. The Constitution shall be the supreme law of the Commonwealth.
II. The provisions of the Constitution shall apply directly, unless the Constitution provides otherwise.
III. The Commonwealth shall respect international law binding upon it.

Language

I. English and Aurentine shall be the official languages of the Commonwealth.
II. This provision shall not infringe upon the rights of national minorities.

Coat of Arms

I. The lesser coat of arms of the Commonwealth shall be a shield, with the top side consisting of a white star surrounded by twenty smaller stars on a blue field, with the bottom-left side consisting of a white hammer on a red field, and the bottom-right side consisting of a white laurel leaf on a black field.
II. The greater coat of arms of the Commonwealth shall be the lesser coat of arms, with a mural crown above the shield, and two national flags as supporters, flanked by two laurel leaves and with the motto "Democratia, Sensibilitate, Libertas" in the compartment.

Flag

I. The national flag of the Commonwealth shall be a horizontal tricolor of black, white and blue.
II. The state flag of the Commonwealth shall be a horizontal tricolor of black, white and blue charged with the lesser coat of arms moved 1/3 towards the hoist.
III. The war flag of the Commonwealth shall be a red field with the state flag in the canton, charged with two crossed swords.
IV. The civil ensign of the Commonwealth shall be a swallowtailed version of the national flag.
V. The state ensign of the Commonwealth shall be the civil ensign, charged with the lesser coat of arms moved 1/3 towards the hoist.
VI. The naval ensign of the Commonwealth shall be a white field with a red cross, with the state flag in the canton.
VII. The naval jack of the Commonwealth shall be square-shaped, with the lesser coat of arms charged on a blue field, fimbriated by white and black outlines.
VIII. The standard of the Head of State of the Commonwealth shall be a stylized heraldic banner of the lesser coat of arms.
IX. The standard of the Head of Government of the Commonwealth shall be a blue field charged with the greater coat of arms fimbriated with white.

National Anthem

I. The national anthem of the Commonwealth shall be "Aurentina, Land of Liberty"
II. Preferably, both the English and the Aurentine lyrics shall be sung. Otherwise, the English lyrics shall be preferred.

Provinces
1. Aurentina shall be divided into provinces which may not be altered unless by ammendment of this constitution, these divisions shall be in an attached document labelled "attachment 3(1)".
2. Provinces shall have powers stated in this clause, and no further unless authorised by presiding federal government for the term of the said federal government.

a) Legislation: Provinces shall have right to pass laws which shall be in effect within the said province provided the said laws do not violate federal laws, this constitution or any applicable directive issued by presiding federal government. If any new directives is issued by presiding federal government which contradicts the provincial laws, contradicting provincial laws are to be suspended for duration of effectiveness of federal governmental directive. Through new laws, provinces may create a crime however these crimes may not be over a delict offence.
b)Provincial Representatives: Provinces shall have a democratic leader with the title First Representative of the Province, from now on to be known as the First Representative. The First Representative must be elected either from provincial parliament or directly by the electorate themselves, in fair elections held once every two months. If the First Representative dies, resigns or a petition against the First Representative consisting of five percent of the province's population is handed to the Prime Minister, then new elections shall be held within a week.
c) Executive Branch: The First Representative may appoint a Prefect, once approved by the provincial legislature, to preside over a provincial cabinet, in turn appointed by the Prefect. Itself under leadership of the Prefect, the cabinet is charged with determining provincial policy and should consist of individuals educated in their respective areas of advice.
d) Judicial System: Provinces shall maintain local and provincial courts. Judges appointed to such courts should meet standards outlined in national legislation as well as have partaken in a two-week course in regional law practice. As to avoid political appointments, judges must be approved both the Prefect and the Courts and Tribunals Service.
e) Social security: Provinces shall have complete authority over any social security payments in accordance to federal regulations. Social security shall include any form of payment paid by the state to a citizen to assist in the said citizen's livelihood including universal credit, social housing, universal healthcare.
f) Housing: Provinces shall have complete authority over housing regulations provided they do not violate federal laws, federal executive government directives or present clear and present danger to the welfare of the entire federation.
g) Energy: Provinces shall have complete authority over energy production, supplementary to the federal power grid, provided they are able to meet energy requirements of their province. If the province fails to meet energy requirement of their province for period of two weeks continuously or ten weeks over period of a year, federal government may suspend this right and take over production of energy. Provinces who produce surplus energy may supply other provinces with energy, only if such an agreement has been ratified by both legislative branches.
h) Services: Provinces shall have complete authority other amenities (fire service, local constabularies, regional health authorities, public transport, libraries, leisure and recreation, waste collection and waste disposal) unless they are deemed unable to provide any of these by a federal commission in which case, the federal government may suspend this right and take over.
i) Environment: Provinces shall have complete authority over environment of the province, within its jurisdiction, and any beautifications carried out within that jurisdiction.
j) Sub division: Provinces shall have right to create further sub divisions within their province and delegate it with powers, not exceeding the powers province government has. However, provincial government shall be ultimately responsible for any actions carried out by sub divisions they created.
k) Taxation: Provinces shall have the right to implement additional taxation within the province, though such taxation may not raise more than a tenth of the province's wealth - wealth being calculated as the total of all private assets within the province.

3. 2. Provinces shall have responsibilities stated in this clause, and no further unless authorised by the senate by amending this document.

a) All provinces are to have a elected, unicameral legislature.
b) All provinces must respect and recognise supremacy of the federal government at all times.
c) Abide by federal laws passed by senate and directives issued by federal government at all times.

1. Every senator of the Commonwealth of Aurentina shall have the right to write bills.
2. A bill must specify the title of the bill, the author(s) of the bill, the urgency of the bill, the category of the bill and the co-sponsors of the bill.

a) Any titles of bills that are found to be offensive or inappropriate shall cause the administration team of the senate to remove the bill from the chamber queue of legislation. The administration team shall be tasked with deciding what shall be classed as offensive and inappropriate.
b) The name(s) of the author(s) of bills must be displayed clearly and their party's abbreviations given in brackets.
c) The urgency of the bill shall range from Low, to Moderate, to High, to Paramount. If any urgency is classed as incorrect by the administration team of the senate, it shall have the right to change the urgency.
d) The categories of bills shall be mandated to be one of the following: Health (To deal with issues pertinent to the Health Ministry), International Relations (To deal with issues pertinent to the International Development, Defense, and Foreign Affairs Ministries), Order (To deal with issues pertinent to the Interior and Justice Ministries), Miscellaneous (To deal with issues that do not fit under any other category provided), Business and Finance (To deal with issues pertinent to the Work, Commerce, and Treasury Ministries), Environment and Energy (To deal with issues pertinent to the Environment and Energy Ministries), Domestic Development (To deal with issues pertinent to the Transportation, Agriculture, Education, Research, Telecommunications, and Culture Ministries) or Senate Procedures (To deal with issues pertinent to the procedures and actions of the senate).

3. A budget shall not be classed as a bill.

a) It shall be the duty of the government to allocate spending to each ministry.
b) The government shall not require the approval of the senate to pass spending plans.
c) All forms of revenue shall have to receive the approval of the senate and must be presented in the form of a bill.
d) The Minister of Finance shall be responsible for allocating spending, but may receive advice, in varying amounts, from the rest of the government and the opposition.
e) The opposition shall not be permitted to propose a budget, nor a "shadow budget".

[box]1. Every citizen of the Commonwealth of Aurentina shall have the right to stand for a position as a senator.

a) The subject of non-citizens having the right to stand for the position of senator shall be left to later legislation.
b) The subject of minors having the right to stand for the position of senator shall be left to later legislation.
c) The subject of criminals having the right to stand for the position of senator shall be left to later legislation.

2. There shall be one senator for each constituency.
3. A person must be elected to the position of senator.

a) Elections for senators shall occur at the same time as elections for president.
b) The candidate who receives the largest number of votes shall be elected senator, regardless of whether it was more than 50%.
c) All forms of bribery to gain votes shall be banned, and any candidate found with connections to bribery shall be banned from taking place in an election, although they remain with the right to stand for senator at elections in the future.
d) Voting shall be anonymous, and no person shall be forced into revealing who they voted for, unless that information is required by the authorities regarding a criminal investigation.
e) All those who are the age of 16 years or over shall have the right to vote.

4. A senator shall have the following powers.

a) The ability to vote on legislation presented to the senate.
b) The ability to debate on legislation presented to the senate.
c) The ability to draft legislation.
d) The ability to co-sponsor legislation.

The following, together, shall be known as the states of emergency.

State of Peacetime Emergency
A state of peacetime emergency is to be declared by the President [of Aurentina], Prime Minister or Minister of the Interior, in the event that there is overwhelming proof at least 10% of the civilians of the area the state of emergency is being declared in are at imminent of harm or devastation. A state of peacetime emergency expires one week after the initial declaration, and is renewable.

During a state of peacetime emergency, the following are authorised:

1. Unwarranted search of properties
2. Deployment of Gendarmerie, Military and Paramilitary assets in aid of law enforcement
3. Suspension of certain sections of the Charter of Rights, namely:
   • Section 3d (Right to Freedom)
   • Section 2 (Right to Property)
   • Sections 2 and 3 (Rights regarding justice)
   • Sections 1 and 2 (Right against preventive detention)

State of Apprehended Insurrection
A state of apprehended insurrection may be initiated unilaterally by the President of Aurentina, in their capability as Commander-in-Chief of the Commonwealth Armed Forces, via executive decree. It is to be used in the case of a large-scale and violent uprising in Aurentina. The Senate may overturn the decree by a simple majority of present senators voting in favour. Misuse of the state of apprehended insurrection is grounds for impeachment. A state of apprehended insurrection expires one month after the initial declaration, and is renewable.

During a state of apprehended insurrection, the following are authorised:

1. Unwarranted search of properties
2. Deployment of Gendarmerie, Military and Paramilitary assets in aid of law enforcement
3. Military control of civilian law enforcement assets
4. Suspension of certain sections of the Charter of Rights, namely:
   • Sections 3a, 3b and 3d (Right to Freedom)
   • Section 2 (Right to Property)
   • Sections 2 and 3 (Rights regarding justice)
   • Sections 1 and 2 (Right against preventive detention)

State of Absolute Insurrection
A state of absolute insurrection may be initiated by the Senate via a 75% supermajority of voting senators, and is only to be used in the case the Aurentine nation is at imminent risk of violent destruction at the hands of a foreign power or internal rebellion. Before coming into force, it must be validated by the Supreme Court of Aurentina. A state of apprehended insurrection does not expire, and must be repealed by a simple majority vote of the Senate.

Under a state of absolute insurrection, the following are authorised:

1. Prorogation of the Senate, and transfer of legislative power to the Council of State
2. Deployment of Gendarmerie, Military and Paramilitary assets in aid of law enforcement
3. Suspension of the Charter of Rights in its entirety

Establishment of Courts of Law

1. Each city with a population above 50,000 shall have a Court of First Instance, which may be cited as the [City Name] Court of First Instance, [City Name] being a placeholder for the name of the city, to be situated inside the limits of said city, or nearest territorial holdings.
2. Each province shall have a Superior Court, which may be cited as the [Province Name] Superior Court, [Province Name] being a placeholder for the name of the province, to be situated in the provincial capital.
3. Each province shall have a Court of Appeal, which may be cited as the [Province Name] Court of Appeal, [Province Name] being a placeholder for the name of the province, to be situated in the provincial capital.
4. The Supreme Court of the Aurentine Commonwealth is to be located in the capital of the Commonwealth, and in no other place. It shall have its own building.

On Warrants

1. Warrants may be issued by the following persons:
   1. A sworn-in prosecutor of the Commonwealth Prosecution Service acting in their official capability as judicial officer
   2. A judge acting in their official capability as magistrate of law
2. The following orders may be issued by the above persons:
   
   1. Warrant to search and seize property
   2. Warrant to arrest an individual
   3. Order to not leave the solid ground of the Aurentine Commonwealth
   4. Order to not enter a 500m radius of a port of entry/exit
   5. Restraining order against specific organisations or buildings
   6. Warrant to put an individual under house arrest
   7. Warrant to record and/or monitor an individual's telephone, telegram, fax and Internet communications
   8. Order to report a specific location at scheduled times
   9. Order to not exit one's own home within specific hours
3. Warrants must contain the following, and are otherwise legally null and void:
   1. Date issued
   2. Date of expiry (must be within 1 week; only applies for search/seizure and arrest warrants)
   3. Name of issuing person and authority, separated by a comma
   4. Signature of said person
   5. Evidence leading to warrant being issued
   6. Name of recipient
   7. Time scheduled for reporting (only applies to orders to report to a location)
   8. Hours prohibited from exiting home (only applies to orders to not exit home within specific hours)

Statutory Interpretation

1. Federal Legislation
   1. In case the terms used by a law passed by the Senate of the Aurentine Commonwealth are unclear or otherwise prone to confusion or misinterpretation, the Ministry of Justice, or an individual actual person, may request a hearing for judicial interpretation from the Supreme Court of Aurentina. If the court judges the case not to be frivolous, it shall convene, and interpret the meaning of specific parts of a bill, taking into account, by order of importance (from most to least):
      1. Noscitur a sociis: the context within the rest of the bill
      2. Author Intent: The intended meaning, to be declared by the author of the law in question under oath to a court of law
      3. Plain meaning: The generally-accepted meaning of a word
2. Provincial Legislation
   1. In case the terms used by a law passed by a provincial legislature are unclear or otherwise prone to confusion or misinterpretation, the federal Ministry of Justice, or an individual actual person, may request a hearing for judicial interpretation from the Superior Court of the province in which the statute was passed. If the court judges the case not to be frivolous, it shall convene, and interpret the meaning of specific parts of a bill, taking into account, by order of importance (from most to least):
      1. Noscitur a sociis: the context within the rest of the bill
      2. Author Intent: The intended meaning, to be declared by the author of the law in question under oath to a court of law
      3. Plain meaning: The generally-accepted meaning of a word
3. Such a ruling may not be appealed.

Hearings

1. Contraventions and delicts shall be initially tried in a Court of First Instance.
2. Felonies shall be initially tried in a Superior Court.
3. If a case with numerous charges that include felonies is brought to trial as part of a single investigation, the case shall be initially heard in a Superior Court.
4. Civil litigation shall initially be tried in a Court of First Instance.
5. Judicial Review against a provincial statute shall initially be tried in a Superior Court.
6. Judicial Review against a federal statute shall be tried in the Supreme Court.

Court of First Instance

1. The Court of First Instance shall be the lowest court in the judicial hierarchy.
2. Each Court of First Instance shall have 5 judges, and a case shall be heard in front of a single judge.

Superior Court

1. The Superior Court shall be a trial court for felonies, an administrative court for provincial statute-related judicial interpretation, and an appeals court for cases initially heard in the Court of First Instance.
2. Each Superior Court shall have 15 judges, one of which will be elected by their peers as the Chief Justice of the Superior Court of [Province], [Province] being a placeholder for the name of the province said court is located in.
3. The Superior Court is a court of record.

Court of Appeal

1. The Court of Appeal shall be the highest court in the judicial hierarchy for criminal prosecution or civil litigation whose outcome does not establish any precedent of significant public interest.
2. Each Court of Appeal shall have 30 judges, one of which will be elected by their peers as the Chief Justice of the Court of Appeal of [Province], [Province] being a placeholder for the name of the province said court is located in.
3. The Court of Appeal is a court of record.

Supreme Court

1. The Supreme Court of Aurentina shall be the highest court in the judicial hierarchy.
2. The Supreme Court shall consist of 9 judges, one of which will be elected by their peers as the Chief Justice of the Supreme Court of Aurentina.
3. All other courts and judicial institutions shall be under the Supreme Court. The Supreme Court may inspect, supervise and give directives to its subordinate courts and other judicial institutions.
4. The Supreme Court shall be a Court of Record and may initiate proceedings and impose penalties in accordance with law for contempt of itself and of its subordinate courts or judicial institutions.
5. The Supreme Court shall have the final power to interpret this Constitution, which is to be considered a federal statute for the sole purpose of statutory interpretation classification.
6. If the Supreme Court is satisfied that the dispensation of justice on a case registered in a court may be affected if heard by that court, the Supreme Court may order another court of similar level to hear such case or hear the case itself.
7. If the full panel of the Supreme Court unanimously agrees that either:
   1. The person bringing the appeal was not authorised to do so by the original plaintiff
   2. The appeal does not constitute a significant interest for establishing precedent
   then the lower court (Provincial Court of Appeal)'s decision stands.
8. Every year, Supreme Court shall submit its annual report to the Prime Minister, and the Prime Minister shall make arrangement to submit such reports before the Aurentine Senate. The annual report will consist of:
   
   1. the quantitative descriptions of the cases registered in the Supreme Court and other subordinate courts,
   2. the number of disposed and pending cases and the reason for them pending,
   3. details of new precedents propounded by courts,
   4. number of cases reviewed by the Supreme Court,
   5. description of the judicial comment made by the Supreme Court, if any, on the matters of competency regarding the conduct of judicial duty of judge of a court subordinate to it,
   6. amount of fines and penalties reimbursed,
   7. description on the implementation of a decision,
   8. the budget appropriated to the Supreme Court and subordinate courts, and statement of expenditures

Judicial Review

1. No legislature in the Aurentine Commonwealth is permitted to enact a law contradicting the will and intent of the Constitution.
   An individual may file suit to challenge such laws, and the court will either rule to
   1. Uphold the statute as staying within the will and intent of the Constitution.
   2. Strike Down the statute, or certain sections of it, as contrary to the will and intent of the Constitution.
2. If the statute or parts of the statute is (are) struck down, it (they) shall be rendered null and void.
3. A presiding judge during a criminal case may choose to strike down the law (or parts of the law) the defendant is charged under, therefore acquitting them, if it judges the law to be contrary to the will and intent of the Constitution.

Associated Legal Titles

1. A civil case will bear the name of [Surname of Plaintiff] v. [Surname of Defendant], [Year], [Province], [Court Identifier]. (i.e. Smith v. Doe, 2013, FED, SCA).
2. A criminal case brought by a federal prosecutor will bear the name of Commonwealth v. [Surname of Defendant], [Year], [Province], [Court Identifier].
3. A criminal case brought by a provincial prosecutor will bear the name of Commonwealth Prosecution Service v. [Surname of Defendant], [Year].
4. A case of judicial review against a federal law will bear the name of [Surname of Plaintiff] v. Commonwealth, [Year], [Province], [Court Identifier].
5. A case of judicial review against a provincial law will bear the name of [Surname of Plaintiff] v. [Province Name], [Year], [Province], [Court Identifier].
6. A case of statutory interpretation will bear the name of RE: [Name of Law in Question], [Year], [Province], [Court Identifier].
7. The legal surname of the Federal Government of Aurentina is "Ministry of Justice".
8. The legal surname of a Provincial Government is the name of the province.

Court Procedure

Plea
1. At the beginning of a criminal trial, the suspect(s) on trial shall be asked to enter a plea. The allowable pleas are:
   
   1. Guilty, a confession to the offence leading to the conclusion of the trial and a sentencing hearing
      
   2. Not Guilty (alternatively innocent), a denial of the offences of which the suspect is accused of
   3. Autrefois convict/acquit, a declaration that the trial constitutes a violation of Section 6 (Rights Regarding Justice) of the Charter of Rights
2. A plea must be clear, voluntary and intelligently-announced.
3. Failing any of these conditions, the plea shall be considered not guilty.
Trial

1. The Aurentina judiciary shall use a semi-adversarial system.
2. At the trial, all witnesses and the experts must bear testimony once again and are mandated to swear an oath to tell the truth and nothing but the truth. The defendant(s) has/have an option to make a testimony at any point of the trial, but he/she is not required to swear an oath. The Prosecutor or an Attorney of a party has the right to cross-examine the witness or expert if necessary to correct any information or point out contradictions that can change the case significantly and if the cross-examinations has resulted in any new information coming to light or contradictions being revealed, then the Judge is required to make the testifier retestify to ensure that all information is corrected. The court may be adjourned if new information that requires investigation by the Prosecutor comes to light. The Judge(s) then declare their verdict once all evidence has been submitted; a majority, in the case of a panel, is required for a verdict of guilt.
Sentencing

1. Following a finding of guilt/acquittal, a sentencing hearing with the same trial judge (unless said judge is incapacitated) and both the prosecution and defence shall be heard.
2. The sentencing shall be done in proportion to the offence committed, and must fall within maximum and minimum guidelines as established by current statute law.
Appeals

1. Either party may appeal a decision to the highest court that accepts to hear the case, if they consider it incorrect or too strict/lenient in proportion to the offence.

Sponsor.

[Deputy Director of the NIB]

When we are happy to vote on this let me know. And we can have a special chamber session for it.

[People Who Say Ni]

Senators of Aurentina, I have recently taken a long journey to find myself, upon which I had suffered from a traumatic breakdown resulting in an epithanic convertion to convervativism. I hereby resign as a member of the NDP and would like to submit my first bill as an independent senator.

Life Protection Act
Author: People Who Say Ni | Category: Health | Urgency: Low
Sponsors: TheLiberatedTerritories [LP], Dendart [CMP]

The senate of Aurentina,

RECOGNISES that the act of abortion is an objectivly grave matter which has been reduced to an issue of a woman's convinience;
APPAULED at the complete legality of this crime which our nation puports under the fascade of the Bodily Soverignity Act;
BELIEVING that the right to life is a much more fundamental value than reproductive freedom;

hereby passes the following legislation:
1) The section of the Bodily Soverignity Act reading

"Reproductive rights: An indivudal will have final authority regarding their reproductive organs, sexual actions and reproduction provided,
all indivudal involved in said act have provided informed consent to said act."

is struck out null and void,
2a) Abortion is the deliberate act of terminating a pregnancy via the removal or death of the human fetus.
2b) The execution of an abortion is a delict unless the abortion was required to save the life of the aborted fetus' mother.

[The Liberated Territories]

Senators of Aurentina, I have recently taken a long journey to find myself, upon which I had suffered from a traumatic breakdown resulting in an epithanic convertion to convervativism. I hereby resign as a member of the NDP and would like to submit my first bill as an independent senator.

Life Protection Act
Author: People Who Say Ni | Category: Health | Urgency: Low
Sponsors:

The senate of Aurentina,

RECOGNISES that the act of abortion is an objectivly grave matter which has been reduced to an issue of a woman's convinience;
APPAULED at the complete legality of this crime which our nation puports under the fascade of the Bodily Soverignity Act;
BELIEVING that the right to life is a much more fundamental value than reproductive freedom;

hereby passes the following legislation:
1) The section of the Bodily Soverignity Act reading

"Reproductive rights: An indivudal will have final authority regarding their reproductive organs, sexual actions and reproduction provided,
all indivudal involved in said act have provided informed consent to said act."

is struck out null and void,
2a) Abortion is the deliberate act of terminating a pregnancy via the removal or death of the human fetus.
2b) The execution of an abortion is a delict unless the abortion was required to save the life of the aborted fetus' mother.

OOC: I'm still actually socially progressive and pro choice, this bill is merely an experiment working as a devils advocate. Tear me to shreds, NSGS.

Yeah, that is exactly how people become conservative.

Sponsored anyway.

[Deputy Director of the NIB]

Ni nobody is going to bother with that OOC there.

[Geilinor]

Senators of Aurentina, I have recently taken a long journey to find myself, upon which I had suffered from a traumatic breakdown resulting in an epithanic convertion to convervativism. I hereby resign as a member of the NDP and would like to submit my first bill as an independent senator.

Life Protection Act
Author: People Who Say Ni | Category: Health | Urgency: Low
Sponsors:

The senate of Aurentina,

RECOGNISES that the act of abortion is an objectivly grave matter which has been reduced to an issue of a woman's convinience;
APPAULED at the complete legality of this crime which our nation puports under the fascade of the Bodily Soverignity Act;
BELIEVING that the right to life is a much more fundamental value than reproductive freedom;

hereby passes the following legislation:
1) The section of the Bodily Soverignity Act reading

"Reproductive rights: An indivudal will have final authority regarding their reproductive organs, sexual actions and reproduction provided,
all indivudal involved in said act have provided informed consent to said act."

is struck out null and void,
2a) Abortion is the deliberate act of terminating a pregnancy via the removal or death of the human fetus.
2b) The execution of an abortion is a delict unless the abortion was required to save the life of the aborted fetus' mother.

OOC: I'm still actually socially progressive and pro choice, this bill is merely an experiment working as a devils advocate. Tear me to shreds, NSGS.

Sponsored anyway.

I thought you were a libertarian? A real one, not a Ron Paul-esque one.

[The Liberated Territories]

Sponsored anyway.

I thought you were a libertarian? A real one, not a Ron Paul-esque one.

I am also Catholic. I support every "progressive" policy, down to the distribution of child porn, yet abortion is the only exception.

Edit: id rather keep the first trimester open to abortion, but meh.

[Costa Fierro]

1d: The intendant does have the power of the following:

• Infrastructure funding
• Education funding towards schools and universities
• Extra-government healthcare funding
• Cultural funding (i.e funding of arts festivals)
• Administration of local divisions of government agencies
• Local body government funding
• Ability to repeal local-body laws that are conflict or break national statutory law
• Ability to stand down an elected mayor if they refuse to resign or have committed a violation of the law that requires them to stand trial.

1e: Control of law and order, healthcare, welfare, justice and energy are to fully remain under the control of central government. Housing shall remain under the control of both local body governments and central government.
1f: Provinces may not enact statutory law nor any by-laws altogether.
1g: Provinces may not create legislative bodies.
1h: Provinces may enact taxes on residents.
1i: Intendant candidacy restrictions are those of mayoral and council candidates.

Article 2: On District and City Councils
Article 2a: Hereby defines the following:

• District Council: A local government body that governs an area comprising one or more cities and towns with a population totalling less than 100,000 inhabitants.
• City Council: A local government body that governs an urban area with a population totalling more than 100,000 inhabitants.
• Urban Area: A population cluster totalling more than 100,000 inhabitants with a density of 350 persons per square kilometre.
• Additionally defines a district as an urban or rural area as described above without population conditions and is governed by a district or a city council.

Article 2b: Hereby creates city and district councils as third tier local body administration in Aurentina.
Article 2c: Each council shall be administered by a mayor. They are the head of the council and are elected to a term of five years to be held in elections.
Article 2d: The mayor shall not have powers over central government but does have powers over local government.
Article 2e: District Councils have the following powers:

• Control over transport and infrastructure related issues, such as road planning, tolls, parking, maintenance etc.
• Control over placement of speed limits within their respective district boundaries in accordance with national law.
• Control over zoning laws and housing areas as well as by-laws surrounding property maintenance.
• Implementation of local by-laws by the council. These laws are only valid within the territorial boundaries of the respective district and must not conflict, undermine or overrule national law.
• Provision of services such as utilities, waste disposal and public transport.
• Implementation of laws regarding the consumption of alcohol and other drugs that pose health issues towards the general public.
• Enact rates: monthly bills sent to residents to pay for water and other utilities and public services provided by the local council (except public transport).

Article 2f: Councils may enact taxes on residents but only limited to utilities usage and property taxes.
Article 2g: Mayors may not be members of any established political party prior to office nor may they hold any other political office during their term.
Article 2h: Mayors are not above local or national laws and any break of the law resulting in a trial will result in their removal from office.
Article 2i: Mayoral and council candidates must have the following in order to be eligible to run in elections:

• Aurentine citizenship or permanent residency
• Must have lived in their district for more than five years and must be able to reside on a permanent basis in said district throughout their term (holidays do not apply).
• No serious criminal record.
• All candidates must be over 18 years of age.

The spoilered content is extracted from the soon-to-be defunct Local Government Act which defines the powers and responsibilities of local councils and aspects of the provinces that the constitution does not cover. I think that parts of this pertaining to city and district councils should be added because local government is an essential part of any state and granting the local councils some powers from the provinces would be better as they are better placed to make decisions regarding things like utilities and zoning than provincial or central government and would be better placed to promote sustainable urban development.

[The Liberated Territories]

1d: The intendant does have the power of the following:

• Infrastructure funding
• Education funding towards schools and universities
• Extra-government healthcare funding
• Cultural funding (i.e funding of arts festivals)
• Administration of local divisions of government agencies
• Local body government funding
• Ability to repeal local-body laws that are conflict or break national statutory law
• Ability to stand down an elected mayor if they refuse to resign or have committed a violation of the law that requires them to stand trial.

1e: Control of law and order, healthcare, welfare, justice and energy are to fully remain under the control of central government. Housing shall remain under the control of both local body governments and central government.
1f: Provinces may not enact statutory law nor any by-laws altogether.
1g: Provinces may not create legislative bodies.
1h: Provinces may enact taxes on residents.
1i: Intendant candidacy restrictions are those of mayoral and council candidates.

Article 2: On District and City Councils
Article 2a: Hereby defines the following:

• District Council: A local government body that governs an area comprising one or more cities and towns with a population totalling less than 100,000 inhabitants.
• City Council: A local government body that governs an urban area with a population totalling more than 100,000 inhabitants.
• Urban Area: A population cluster totalling more than 100,000 inhabitants with a density of 350 persons per square kilometre.
• Additionally defines a district as an urban or rural area as described above without population conditions and is governed by a district or a city council.

Article 2b: Hereby creates city and district councils as third tier local body administration in Aurentina.
Article 2c: Each council shall be administered by a mayor. They are the head of the council and are elected to a term of five years to be held in elections.
Article 2d: The mayor shall not have powers over central government but does have powers over local government.
Article 2e: District Councils have the following powers:

• Control over transport and infrastructure related issues, such as road planning, tolls, parking, maintenance etc.
• Control over placement of speed limits within their respective district boundaries in accordance with national law.
• Control over zoning laws and housing areas as well as by-laws surrounding property maintenance.
• Implementation of local by-laws by the council. These laws are only valid within the territorial boundaries of the respective district and must not conflict, undermine or overrule national law.
• Provision of services such as utilities, waste disposal and public transport.
• Implementation of laws regarding the consumption of alcohol and other drugs that pose health issues towards the general public.
• Enact rates: monthly bills sent to residents to pay for water and other utilities and public services provided by the local council (except public transport).

Article 2f: Councils may enact taxes on residents but only limited to utilities usage and property taxes.
Article 2g: Mayors may not be members of any established political party prior to office nor may they hold any other political office during their term.
Article 2h: Mayors are not above local or national laws and any break of the law resulting in a trial will result in their removal from office.
Article 2i: Mayoral and council candidates must have the following in order to be eligible to run in elections:

• Aurentine citizenship or permanent residency
• Must have lived in their district for more than five years and must be able to reside on a permanent basis in said district throughout their term (holidays do not apply).
• No serious criminal record.
• All candidates must be over 18 years of age.

The spoilered content is extracted from the soon-to-be defunct Local Government Act which defines the powers and responsibilities of local councils and aspects of the provinces that the constitution does not cover. I think that parts of this pertaining to city and district councils should be added because local government is an essential part of any state and granting the local councils some powers from the provinces would be better as they are better placed to make decisions regarding things like utilities and zoning than provincial or central government and would be better placed to promote sustainable urban development.

I agree.

[Skeckoa]

I am also Catholic. I support every "progressive" policy, down to the distribution of child porn, yet abortion is the only exception.Edit: id rather keep the first trimester open to abortion, but meh.

Uhhh... sorry. I would speak, but I don't want my social conservatism to show.

[Costa Fierro]

I am also Catholic. I support every "progressive" policy, down to the distribution of child porn, yet abortion is the only exception.Edit: id rather keep the first trimester open to abortion, but meh.

Uhhh... sorry. I would speak, but I don't want my social conservatism to show.

Hey, I personally disagree with abortions after 10 weeks (because it's no longer simply a collection of cells that are feeding off a host), but I do agree that it's the woman's choice and that the option should be available to her if need be.

[Skeckoa]

Uhhh... sorry. I would speak, but I don't want my social conservatism to show.

Hey, I personally disagree with abortions after 10 weeks (because it's no longer simply a collection of cells that are feeding off a host), but I do agree that it's the woman's choice and that the option should be available to her if need be.

Well, I was more looking at the distribution of Child Pornography... but yeah. The other thing regarding abortion too I guess.

[Costa Fierro]

Hey, I personally disagree with abortions after 10 weeks (because it's no longer simply a collection of cells that are feeding off a host), but I do agree that it's the woman's choice and that the option should be available to her if need be.

Well, I was more looking at the distribution of Child Pornography... but yeah. The other thing regarding abortion too I guess.

wat

[Skeckoa]

Well, I was more looking at the distribution of Child Pornography... but yeah. The other thing regarding abortion too I guess.

wat

Look at the comment I originally responded to.