Document:The Constitution Act, 1955: Difference between revisions

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Be it therefore enacted by the Queen’s most Excellent Majesty, by and with the consent of the Senate and the Commons in this present Parliament assembled, and with the authority of the same, as follows:
Be it therefore enacted by the Queen’s most Excellent Majesty, by and with the consent of the Senate and the Commons in this present Parliament assembled, and with the authority of the same, as follows:


==I. Preliminary==
'''1.''' This Act shall be cited as the ''Constitution Act'', 1955


'''1.''' This act may be cited as the ''Constitution Act'', 1955
===Executive Power===


==II. Executive Power==
'''2.''' The executive government, power, and authority in and over Ibagli shall be vested in the Queen.


'''2.''' The executive government, power, and authority over Ibagli shall be vested in the Queen.
'''3.''' The Queen shall appoint a Governor-General of Ibagli as her representative in Ibagli, who shall hold office during Her Majesty's pleasure.


'''3.''' Provisions of this act that refer to the Governor-General extend and apply to the Governor-General for the time being of Ibagli, or the Chief Executive or Administrator of Ibagli, by whatever title he is designated.
'''3.1''' Any power conferred on the Governor-General by Act of Parliament or otherwise is a royal power that may be exercised by the Queen in person or by the Governor-General on the Queen's behalf.


'''4.''' There shall be a council to advise and aid the government of Ibagli, to be styled the Executive Council of Ibagli; and the persons who are to be Members of the said council shall be summoned from time to time by the Governor-General and be sworn in as Councillors, and Members may be removed from time to time by the Governor-General.
'''3.2''' Where, under the law of the United Kingdom, the functions of the Queen are being performed in the name of and on behalf of the Queen by a Regent, the royal functions of the Queen in right of Ibagli shall be performed in the name and on behalf of the Queen by that Regent, but nothing in this section shall be so construed as to limit the authority of the Governor-General.


'''5.''' The provisions of this act referring to the Governor-General in council shall be construed as referring to the Governor-General acting by and with the advice and consent of the Executive Council of Ibagli.
'''3.3''' Section 3.2 of this Act shall be of no force and effect when:


'''6.''' The Command-in-Chief of the militias of Ibagli, and of all naval and military forces in Ibagli shall be vested in the Queen.
:(1) There is invasion of or insurrection in the United Kingdom; or


==III. Legislative Power==
:(2) The law of the United Kingdom may be reasonably construed as enacting a republic.


'''7.''' There shall be one Parliament for Ibagli, consisting of the Queen, an Upper House styled the Senate, and a House of Commons.
'''3.4''' Any Act of the Parliament of England, Great Britain, or the United Kingdom relating to the succession to the throne as of 15 June 1975 shall be a part of Ibaglian law, but shall have no effect but to determine succession to the throne and all changes thereto shall be approved by Ibagli in accordance with the Statute of Westminster 1931 (22 Geo V, c 4) before they shall take effect as a part of Ibaglian law.


'''8.''' The powers, privileges, and immunities of the Senate and House of Commons, and of the members thereof, shall be from time to time determined by Acts of the Parliament of Ibagli.
'''3.5''' In accordance with section 3.4 of this act, the Governor-General-in-Council may make changes to the succession to the throne of Ibagli where such changes have been approved by the Parliament of the United Kingdom of Great Britain and Northern Ireland, but such changes shall be of no force and effect during those times when section 3.2 of this act shall be of no force and effect in accordance with section 3.3 of this act.


'''9.''' Every member of the Senate and House of Commons shall take an oath or affirmation of Allegiance to the Queen to be eligible to take their seat as a voting member in either House.
'''3.6''' Any reference to the Queen shall be shall be construed to be a reference to Her Majesty's heirs and successors, Kings and Queens of Ibagli forever.


''The Senate''
'''4.''' There shall be a council to aid and advise the Government of Ibagli, to be styled the Executive Council of Ibagli.


'''10.''' The numbers of the members of the Senate shall not exceed seventy.
'''5.''' Members of the said Executive Council shall be appointed by the Governor-General by instrument under the Great Seal of Ibagli, and they may be removed in like manner.


'''11.''' The qualifications of a Senator shall be as follows:
'''6.''' References to the Governor-General in Council shall be construed to mean the Queen or Governor-General acting by and with the advice and consent of the Executive Council.


:(1) He shall be of the full age of twenty-five years.
'''7.''' The command-in-chief of the naval, land, and air forces of Ibagli shall be vested in the Queen.


:(2) He shall be a subject of the Queen, or a citizen of the Commonwealth of Nations.
===Parliament===


'''12.''' The Governor-General may from time to time, summon qualified persons to be Senators by instrument under the Great Seal of Ibagli and in the Queen’s name; and, under the provisions of this act, such persons will be members of the Senate and Senators.
'''8.''' There shall be one Parliament for Ibagli, consisting of the Queen, the Senate, and the House of Commons.


'''13.''' A Senator shall, subject to the provisions of this Act, hold his place in the Senate for life.
'''9.''' The powers, privileges, and immunities of the Senate and House of Commons, and of the members thereof, shall be from time to time determined by Acts of the Parliament of Ibagli.


'''14.''' The seat of A Senator shall become vacant in any of the following cases:
'''10.''' Every member of the Senate and House of Commons shall take an oath or affirmation of allegiance to the Queen to be eligible to take their seat as a voting member in either House.


:(1) If he fails to attend two consecutive sessions of the Senate;
====The Senate====


:(2) If he takes an oath or makes declaration of allegiance, obedience, and adherence to a foreign power, or does become a subject or a citizen of a foreign power;
'''11.''' Senators shall be appointed by the Governor-General by instrument of the Great Seal of Ibagli.


:(3) If he is convicted of treason, or any other felony or infamous crime;
'''12.''' The numbers of the Senate shall not exceed twenty-five.


:(4) If he does resign his seat in the Senate by writing under his own hand addressed to the Governor-General; or
'''13.''' No Senator shall take office who has not achieved the full age of twenty-five and who is not a subject of the Queen or a citizen of the Commonwealth of Nations, and any instrument appointing a Senator who does not fulfill these criteria shall be of no force and effect.


:(5) If he becomes a member of the House of Commons.
'''14.''' A senator shall, subject to the provisions of this Act, hold office for life.


'''15.''' In the event of a vacancy in the Senate, the Governor-General shall summon a qualified individual to fill the vacancy.
'''15.''' The seat of a Senator shall become vacant if:


'''16.''' The Governor-General shall from time to time appoint a Senator to be speaker of the Senate, and may from time to time remove him and appoint another.
:(1) If said Senator fails to attend two consecutive sessions of the Senate;


'''17.''' The Speaker of the Senate shall, in the event of his absence out of the Senate, appoint a Senator to be Deputy Speaker to exercise the powers of the Office of Speaker of the Senate.
:(2) If said Senator takes an oath or makes declaration of allegiance, obedience, and adherence to a foreign power, or does become a subject or a citizen of a foreign power;


'''18.''' The presence of ten Senators, including the Speaker or a Deputy Speaker, unless otherwise provided by an Act of the Parliament of Ibagli, shall be necessary to constitute a Meeting of the Senate for the exercise of its powers.
:(3) If said Senator is convicted of treason, or any other felony or infamous crime;


'''19.''' Questions arising in the Senate shall be decided by a majority voice, with the Speaker or Deputy Speaker constituting one vote in all cases; and in the event that the voices are equal the Decision shall be deemed to be in the negative.
:(4) If said Senator is appointed to any office of profit under the Crown and takes office as such, except for as one of the Queen's ministers of state or as an officer or member of the Queen's navy, army, or air force.


''The House of Commons''
:(5) If said Senator resigns his or her seat in the Senate by writing under his or her own hand addressed to the Governor-General; or


'''20.''' The numbers of the membership of the House of Commons shall be defined by an Act of the Parliament of Ibagli so long as that number is not more than one hundred twenty or less than thirty.
:(6) If said Senator becomes a member of the House of Commons.


'''21.''' The House of Commons shall elect one of its Members to be Speaker after a General Election or the death or resignation of the Speaker.
'''16.''' In the event of a vacancy in the Senate, the Governor-General shall appoint a qualified person to fill the vacancy.


'''21.1.''' In the event of the death or resignation of the Speaker during a sitting of the House of Commons, the House may continue to proceed with urgent matters related to the safety or security of Ibagli so long as:
'''17.''' The Governor-General shall appoint a Senator to be Speaker of the Senate, and may from time to time remove a Speaker and appoint another.


:(1) The last person to be appointed Deputy Speaker presides over the House; or
'''18.''' The Speaker of the Senate shall, in the event of absence out of the Senate, appoint a Deputy Speaker to exercise the powers of the office of Speaker of the Senate.


:(2) A clerk of the House of Commons who is not a member thereof presides over the House.
'''19.''' The presence of ten Senators, including the Speaker or a Deputy Speaker, unless otherwise provided by an Act of the Parliament of Ibagli, shall be necessary to constitute a Meeting of the Senate for the exercise of its powers.  


'''22.''' The Speaker of the House of Commons shall, in the event of his absence out of the House, appoint a member to be Deputy Speaker to exercise the powers of the Office of Speaker of the House of Commons.
'''20.''' Questions arising in the Senate shall be decided by a majority voice, with the Speaker or Deputy Speaker constituting one vote in all cases; and in the event that the voices are equal the Decision shall be deemed to be in the negative.


'''23.''' The Speaker of the House of Commons or Deputy Speaker of the House of Commons shall preside at all meetings of the House.
====The House of Commons====


'''24.''' The presence of ten members of the House of Commons including the Speaker shall be necessary to constitute a meeting of the House of Commons.
'''21.''' The numbers of the membership of the House of Commons shall be defined by an Act of the Parliament of Ibagli so long as that number is not more than sixty-five or less than twenty.


'''25.''' Questions arising in the House of Commons shall be decided by a majority voice, with the speaker only voting if the voices are equal.
'''22.''' The seat of a Member of the House of Commons shall become vacant:


''Money votes; Royal Assent''
:(1) If said Member takes an oath or makes declaration of allegiance, obedience, and adherence to a foreign power, or does become a subject or a citizen of a foreign power;  


'''26.''' Bills for appropriating the Public Revenue, or for imposing a tax, shall originate in the House of Commons.
:(2) If said Member is convicted of treason, or any other felony or infamous crime;


'''27.''' When a bill passed by the Houses of Parliament is presented to the Governor-General for the signification of the Queen’s Assent, he shall declare, subject to his discretion and the provisions of this act and of the Queen’s instructions, that he assents to the Bill in the Queen’s Name, that he withholds the Queen’s assent, or that he reserves the Bill for the signification of the Queen’s Pleasure.
:(3) If said Member is appointed to any office of profit under the Crown and takes office as such, except for as one of the Queen's ministers of state or as an officer or member of the Queen's navy, army, or air force.


'''28.''' When the Governor-General assents to a Bill in the Queen’s Name, he shall submit a copy of the act to Her Majesty, and if the Queen in Council should, within two years from the date that the act was submitted to Her Majesty, thinks fit to disallow the Act, such disallowance shall be signified to the Houses by the Governor-General and annul the Act.
'''23.''' The House of Commons shall provide for the selection of one of its Members as Speaker of the House of Commons after a General Election or the death or resignation of the Speaker, and no business shall transpire in the House of Commons until a Speaker has been selected.


'''29.''' A Bill reserved for the signification of the Queen’s pleasure shall not be of force and effect unless the Governor-General signifies to the Houses that it has received the Assent of the Queen-in-Council.
'''23.1''' In the event of the death or resignation of the Speaker, the House may continue to proceed with urgent matters so long as:


==IV. Judiciary==
:(1) The last person to be appointed Deputy Speaker presides over the House; or


'''30.''' The judicial power of Ibagli shall be vested in a court to be styled the Supreme Court of Ibagli and in other such courts as the Parliament of Ibagli deems necessary to create.
:(2) A clerk of the House of Commons who is not a member thereof presides over the House.


'''31.''' The Supreme Court of Ibagli shall consist of a Chief Justice and as many puisne judges, not less than two, as the Parliament of Ibagli deems necessary.
'''23.2''' No actions of the House of Commons made under section 26.1 of this act shall be rendered invalid on the grounds that the matters undertaken were not urgent.


'''32.''' No Act of Parliament lowering the number of judges of the Supreme Court of Ibagli shall remove any judge from office.
'''24.''' The Speaker of the House of Commons shall, in the event of his absence out of the House, appoint a member to be Deputy Speaker to exercise the powers of the Office of Speaker of the House of Commons.


'''33.''' The Governor-General shall appoint the Chief Justice and puisne judges of the Supreme Court of Ibagli and the judges of other courts created by the Parliament of Ibagli.'''
'''25.''' The Speaker of the House of Commons or Deputy Speaker of the House of Commons shall preside at all meetings of the House.  


'''34.''' The judges of the courts of Ibagli shall hold office during good behaviour, and may be removed by the Governor-General on address of the House of Commons and Senate, which address shall enumerate the misbehaviours or reasons for incapacity of the said judge.
'''26.''' The presence of ten members of the House of Commons including the Speaker shall be necessary to constitute a meeting of the House of Commons.  


'''35.''' Parliament shall provide for the compensation of judges, which compensation shall not be lowered during any judges term of office.
'''27.''' Questions arising in the House of Commons shall be decided by a majority voice, with the speaker only voting if the voices are equal.


'''36.''' The Parliament of Ibagli shall determine the jurisdiction of the courts of Ibagli.
'''28.''' No House of Commons shall continue for longer than five years from the day of the return of the writs of election for the House.


==V. Amendments==
====Money Votes; Royal Assent====


'''37.''' This Constitution may be amended by a proclamation by the Governor-General in Council after two-thirds of the House of Commons and a majority of the Senate have approved resolutions authorising the amendment.
'''29.''' Bills for appropriating the Public Revenue, or for imposing a tax, shall originate in the House of Commons.


'''37.1''' This Constitution may be amended by a proclamation by the Governor-General in Council after a majority of the House of Commons has approved a resolution authorising the amendment, provided that the amendment is also approved by a majority of electors voting in a referendum held on the proposal.
'''30.''' The House of Commons shall not adopt or pass any vote, resolution, address, or bill for the appropriation of revenue or moneys unless the purpose of the appropriation has been recommended to the House by a message of the Governor-General proposing the said vote, resolution, address, or bill.


'''38.''' Unless otherwise specified in the amendment, an amendment to this Constitution shall take effect six months after being proclaimed by the Governor-General in Council.
'''31.''' When a bill passed by the Houses of Parliament is presented to the Governor-General for the signification of the Queen’s Assent, he shall declare, subject to his discretion and the provisions of this act and of the Queen’s instructions, that he assents to the Bill in the Queen’s Name, that he withholds the Queen’s assent, or that he reserves the Bill for the signification of the Queen’s Pleasure.  


==VI. Declaration of Fundamental Rights==
'''32.''' A Bill reserved for the signification of the Queen’s pleasure shall not be of force and effect unless the Governor-General signifies to the Houses that it has received the Assent of the Queen in Council.


'''39.''' All persons within Ibagli or under the jurisdiction of Ibagli shall have the following rights:
'''33.''' (Repealed) <!--Disallowance-->


:(1) The freedom of conscience and religion;
===Judiciary===


:(2) the freedom of thought and opinion;
'''34.''' The judicial power of Ibagli shall be vested in a court to be styled the Supreme Court of Ibagli and in other such courts as the Parliament of Ibagli deems necessary to create.


:(3) the freedom of communication;
'''35.''' The Supreme Court of Ibagli shall consist of a Chief Justice and as many puisne judges, not less than two, as the Parliament of Ibagli deems necessary.


:(4) the freedom to assemble peacefully;
'''36.''' No Act of Parliament lowering the number of judges of the Supreme Court of Ibagli shall remove any judge from office.


:(5) the freedom of association;
'''37.''' The Governor-General shall appoint the Chief Justice and puisne judges of the Supreme Court of Ibagli and the judges of other courts created by the Parliament of Ibagli.


:(6) the freedom to not fear for life or limb;
'''38.''' The judges of the courts of Ibagli shall hold office during good behaviour, and may be removed by the Governor-General on address of the House of Commons and Senate, which address shall enumerate the misbehaviours or reasons for incapacity of the said judge.


:(7) the freedom of life; and
'''39.''' Parliament shall provide for the compensation of judges, which compensation shall not be lowered during any judge's term of office.


:(8) the right to personal privacy, and to the privacy of the home.
'''40.''' The Parliament of Ibagli shall determine the jurisdiction of the courts of Ibagli.


'''39.1''' Every Ibaglian citizen shall have the freedom to choose a cost-free education continuing through university level.
===Finance and Trade===


''Democratic rights of Ibaglians''
'''41.''' All revenues and moneys raised or received by the Executive Government of Ibagli shall form one Consolidated Revenue Fund, to be appropriated for the Public Service of Ibagli in the manner and subject to the charges and liabilities imposed by this Act.


'''40.''' Every citizen of Ibagli that is over the age of eighteen shall have the right to vote for members of the House of Commons and to be qualified for membership therein.
'''42.''' The Consolidated Revenue Fund of Ibagli shall be permanently charged with the costs, charges, and expenses incident to the collection, management, and receipt thereon, and the same shall form the first charge thereon.


'''41.''' No House of Commons shall continue for longer than five years from the date of a general election for the members thereof.
'''43.''' The annual debts of Ibagli shall form the second charge on the Consolidated Revenue Fund of Ibagli.


'''42.''' In a time of imminent war, invasion, or insurrection, a House of Commons may extend itself by more than five years, so long as such an extension is not opposed by the votes of more than one-third of the House of Commons.
'''44.''' Unless altered by the Parliament of Ibagli, the salary of the Governor-General shall be five thousand pounds money of Australia, payable out of the Consolidated Revenue Fund of Ibagli and forming the third charge thereon.


'''43.''' There shall be a sitting of Parliament at least once in any given twelve-month period.
===Declaration of Fundamental Rights===


''Legal rights in Ibagli''
'''45.''' Every person has the following rights:


'''44.''' All persons within Ibagli or under the jurisdiction of Ibagli shall have the following rights:
:(1) the freedom of belief, religion, thought, conscience, and opinion;


:(1) The freedom of liberty and security of the person, except when deprived by the principles of reasonable justice;
:(2) the freedom of communication;


:(2) protection against unreasonable search and seizure; and
:(3) the freedom to peacefully assemble;


:(3) protection from being arbitrarily detained or imprisoned, except for in times of imminent war, invasion, or insurrection, and only for protection of the person.
:(4) the freedom of expression; and


'''45.''' All persons within Ibagli or under the jurisdiction of Ibagli, upon arrest or detention shall:
:(5) the freedom of association.


:(1) be promptly informed of the reason for their arrest or detention;
'''46.''' The Parliament of Ibagli shall not make any law that provides for the deprivation of equal treatment under the law on the basis of race, colour, religious beliefs or lack of religious beliefs, place of origin, sex, sexual orientation, or any other such categories as the Parliament of Ibagli shall provide.


:(2) retain and instruct counsel without delay and be informed of that right; and
'''47.''' Section 46 of this act shall not be construed as to abrogate the right of the Parliament of Ibagli to make provisions for the naturalisation of aliens, but those persons who are naturalised according to Ibaglian law shall immediately become citizens of Ibagli, inseparable from the body politic of Ibagli forever.


:(3) have the validity of the detention determined by way of habeas corpus and be released if the detention is not lawful.
'''48.''' Every citizen of Ibagli has the right to vote in elections for members of the House of Commons and for members of such local authorities as Parliament shall deem fit to create.


'''46.''' Any person within Ibagli or under the jurisdiction of Ibagli charged with an offence shall:
'''49.''' The Parliament of Ibagli shall sit at least once in any given twelve month period.


:(1) be informed of the offence without delay;
'''50.''' Every citizen of Ibagli has the right to enter, remain in, or leave Ibagli.


:(2) be tried within a reasonable time;
'''51.''' Every person, from birth, has the right to life, which shall not be removed as punishment for any crime.


:(3) not be compelled to be a witness in proceedings against that person in respect of the offence;
'''52.''' Every person has the right to liberty and security of the person, except when it is necessary for it to be deprived in accordance with the principles of justice.


:(4) be presumed innocent until proven guilty according to law in a fair and public hearing by an impartial party or parties;
'''53.''' Every person has the right to be secure against unreasonable search and seizure, and to not be have evidence obtained in violation of this right presented as evidence of his or her guilt in any criminal proceeding.


:(5) not be denied reasonable bail without just cause;
'''54.''' Every person who is arrested and detained shall be promptly informed of the reasons for his or her arrest or detention, shall have the right to retain and instruct counsel without hindrance, and shall have the validity of the detention determined by way of ''habeas corpus'' and be released if the detention is not lawful.


:(6) not be found guilty on account of any act or omission unless, at the time of the act or omission, it constituted an offence under Ibaglian or international law or was criminal according to the general principles of law recognized by the community of nations;
'''55.''' Every person who is charged with an offence:


:(7) if finally acquitted of the offence, not be tried for it again and, if finally found guilty and punished for the offence, not to be tried or punished for it again; and
:(1) shall be informed of the charges without delay;


:(8) have the right, if found guilty of the offence and if the punishment for the offence has been varied between the time of commission and the time of sentencing, to the benefit of the lesser punishment.
:(2) shall be tried within a reasonable time;


'''47.''' Any person within Ibagli or under the jurisdiction of Ibagli shall not be subjected to any cruel and unusual treatment or punishment.
:(3) shall not be compelled to be a witness in proceedings against that person in respect of the offence;


'''48.''' A witness who testifies in any proceedings has the right not to have any incriminating evidence so given used to incriminate that witness in any other proceedings, except in a prosecution for perjury or for the giving of contradictory evidence.
:(4) shall be presumed innocent until proven guilty according to law in a fair and public hearing by an impartial party or parties;


'''49.''' Any person within Ibagli or under the jurisdiction of Ibagli who does not speak the language of a court proceeding shall have access to their native language through the services of a translator.
:(5) shall not be denied reasonable bail without just cause;


''Equality rights in Ibagli''
:(6) shall not be found guilty on account of any act or omission unless, at the time of the act or omission, it constituted an offence under Ibaglian or international law or was criminal according to the general principles of law recognized by the community of nations;


'''50.''' Every person within Ibagli or under the jurisdiction of Ibagli is equal under the law and shall be subject to equal protection and benefit under the law without discrimination, in particular, discrimination based on race, national or ethnic origin, sexual orientation, colour, religion, sex, age or mental or physical disability.
:(7) shall, if finally acquitted of the offence, not be tried for it again and, if finally found guilty and punished for the offence, not to be tried or punished for it again; and


'''51.''' Section fifty shall not prevent any group from being formed that is solely for the betterment of disadvantaged citizens or groups, in particular those that are disadvantaged because of race, national or ethnic origin, sexual orientation, colour, religion, sex, age or mental or physical disability.
:(8) shall have the right, if found guilty of the offence and if the punishment for the offence has been varied between the time of commission and the time of sentencing, to the benefit of the lesser punishment.


''General''
'''56.''' No person shall be subjected to cruel or unusual treatment or punishment.


'''52.''' The rights given in this declaration shall not be construed as to limit rights not given in this declaration.
'''57.''' Every person in Ibagli shall be permitted access to the courts in his or her native language, through the services of a translator if so necessary.


'''53.''' Any person in Ibagli or under the jurisdiction of Ibagli whose rights that are guaranteed by this declaration have been infringed or denied shall have the right to a fair and impartial hearing in a court of Ibagli.
'''58.''' The rights listed in this declaration shall not be construed in a way that disparages rights not listed therein.


'''54.''' The rights guaranteed in this declaration shall not be applied so as to remove the rights of any person in Ibagli or under the jurisdiction of Ibagli.
'''59.''' The rights listed in this declaration shall not be construed in a way that limits or removes the rights of any person.


'''55.''' The freedoms in this declaration are guaranteed equally to male and female persons.
'''60.''' Any act of the Parliament of Ibagli, or action of the Governor-General-in-Council, that is not in accordance with the Constitution of Ibagli is of no force and effect.


==VII. Miscellaneous Provisions==
===Amendments===


'''56.''' No Act of the Parliament of the United Kingdom of Great Britain and Northern Ireland enacted after this act takes effect shall extend to Ibagli as part of its law.
'''61.''' The Constitution of Ibagli may be amended by the Governor-General-in-Council after two-thirds of the House of Commons and a majority of the Senate have approved resolutions authorising the amendment.


'''57.''' The Constitution of Ibagli is the supreme law of Ibagli, and any law that is inconsistent with the provisions of the Constitution is of no force and effect.
'''61.1''' This Constitution may be amended by a proclamation by the Governor-General in Council after a majority of the House of Commons has approved a resolution authorising the amendment, provided that the amendment is also approved by a majority of electors voting in a referendum held on the proposal.


[[Category:Constitution of Ibagli]]
[[Category:Constitution of Ibagli]]

Revision as of 21:32, 17 June 2010

WHEREAS by an Order in Council dated 29 May 1955 Her Majesty was pleased to enact that Ibagli shall become a sovereign democratic state under her dominion;

AND WHEREAS it is necessary that a Constitution be enacted for Ibagli in order to serve the people of Ibagli after its independence;

AND WHEREAS it is found desirable that the people of Ibagli have certain rights that cannot be removed from them, and shall be subject only to reasonable limits that are present in a free and democratic society.

Be it therefore enacted by the Queen’s most Excellent Majesty, by and with the consent of the Senate and the Commons in this present Parliament assembled, and with the authority of the same, as follows:

1. This Act shall be cited as the Constitution Act, 1955

Executive Power

2. The executive government, power, and authority in and over Ibagli shall be vested in the Queen.

3. The Queen shall appoint a Governor-General of Ibagli as her representative in Ibagli, who shall hold office during Her Majesty's pleasure.

3.1 Any power conferred on the Governor-General by Act of Parliament or otherwise is a royal power that may be exercised by the Queen in person or by the Governor-General on the Queen's behalf.

3.2 Where, under the law of the United Kingdom, the functions of the Queen are being performed in the name of and on behalf of the Queen by a Regent, the royal functions of the Queen in right of Ibagli shall be performed in the name and on behalf of the Queen by that Regent, but nothing in this section shall be so construed as to limit the authority of the Governor-General.

3.3 Section 3.2 of this Act shall be of no force and effect when:

(1) There is invasion of or insurrection in the United Kingdom; or
(2) The law of the United Kingdom may be reasonably construed as enacting a republic.

3.4 Any Act of the Parliament of England, Great Britain, or the United Kingdom relating to the succession to the throne as of 15 June 1975 shall be a part of Ibaglian law, but shall have no effect but to determine succession to the throne and all changes thereto shall be approved by Ibagli in accordance with the Statute of Westminster 1931 (22 Geo V, c 4) before they shall take effect as a part of Ibaglian law.

3.5 In accordance with section 3.4 of this act, the Governor-General-in-Council may make changes to the succession to the throne of Ibagli where such changes have been approved by the Parliament of the United Kingdom of Great Britain and Northern Ireland, but such changes shall be of no force and effect during those times when section 3.2 of this act shall be of no force and effect in accordance with section 3.3 of this act.

3.6 Any reference to the Queen shall be shall be construed to be a reference to Her Majesty's heirs and successors, Kings and Queens of Ibagli forever.

4. There shall be a council to aid and advise the Government of Ibagli, to be styled the Executive Council of Ibagli.

5. Members of the said Executive Council shall be appointed by the Governor-General by instrument under the Great Seal of Ibagli, and they may be removed in like manner.

6. References to the Governor-General in Council shall be construed to mean the Queen or Governor-General acting by and with the advice and consent of the Executive Council.

7. The command-in-chief of the naval, land, and air forces of Ibagli shall be vested in the Queen.

Parliament

8. There shall be one Parliament for Ibagli, consisting of the Queen, the Senate, and the House of Commons.

9. The powers, privileges, and immunities of the Senate and House of Commons, and of the members thereof, shall be from time to time determined by Acts of the Parliament of Ibagli.

10. Every member of the Senate and House of Commons shall take an oath or affirmation of allegiance to the Queen to be eligible to take their seat as a voting member in either House.

The Senate

11. Senators shall be appointed by the Governor-General by instrument of the Great Seal of Ibagli.

12. The numbers of the Senate shall not exceed twenty-five.

13. No Senator shall take office who has not achieved the full age of twenty-five and who is not a subject of the Queen or a citizen of the Commonwealth of Nations, and any instrument appointing a Senator who does not fulfill these criteria shall be of no force and effect.

14. A senator shall, subject to the provisions of this Act, hold office for life.

15. The seat of a Senator shall become vacant if:

(1) If said Senator fails to attend two consecutive sessions of the Senate;
(2) If said Senator takes an oath or makes declaration of allegiance, obedience, and adherence to a foreign power, or does become a subject or a citizen of a foreign power;
(3) If said Senator is convicted of treason, or any other felony or infamous crime;
(4) If said Senator is appointed to any office of profit under the Crown and takes office as such, except for as one of the Queen's ministers of state or as an officer or member of the Queen's navy, army, or air force.
(5) If said Senator resigns his or her seat in the Senate by writing under his or her own hand addressed to the Governor-General; or
(6) If said Senator becomes a member of the House of Commons.

16. In the event of a vacancy in the Senate, the Governor-General shall appoint a qualified person to fill the vacancy.

17. The Governor-General shall appoint a Senator to be Speaker of the Senate, and may from time to time remove a Speaker and appoint another.

18. The Speaker of the Senate shall, in the event of absence out of the Senate, appoint a Deputy Speaker to exercise the powers of the office of Speaker of the Senate.

19. The presence of ten Senators, including the Speaker or a Deputy Speaker, unless otherwise provided by an Act of the Parliament of Ibagli, shall be necessary to constitute a Meeting of the Senate for the exercise of its powers.

20. Questions arising in the Senate shall be decided by a majority voice, with the Speaker or Deputy Speaker constituting one vote in all cases; and in the event that the voices are equal the Decision shall be deemed to be in the negative.

The House of Commons

21. The numbers of the membership of the House of Commons shall be defined by an Act of the Parliament of Ibagli so long as that number is not more than sixty-five or less than twenty.

22. The seat of a Member of the House of Commons shall become vacant:

(1) If said Member takes an oath or makes declaration of allegiance, obedience, and adherence to a foreign power, or does become a subject or a citizen of a foreign power;
(2) If said Member is convicted of treason, or any other felony or infamous crime;
(3) If said Member is appointed to any office of profit under the Crown and takes office as such, except for as one of the Queen's ministers of state or as an officer or member of the Queen's navy, army, or air force.

23. The House of Commons shall provide for the selection of one of its Members as Speaker of the House of Commons after a General Election or the death or resignation of the Speaker, and no business shall transpire in the House of Commons until a Speaker has been selected.

23.1 In the event of the death or resignation of the Speaker, the House may continue to proceed with urgent matters so long as:

(1) The last person to be appointed Deputy Speaker presides over the House; or
(2) A clerk of the House of Commons who is not a member thereof presides over the House.

23.2 No actions of the House of Commons made under section 26.1 of this act shall be rendered invalid on the grounds that the matters undertaken were not urgent.

24. The Speaker of the House of Commons shall, in the event of his absence out of the House, appoint a member to be Deputy Speaker to exercise the powers of the Office of Speaker of the House of Commons.

25. The Speaker of the House of Commons or Deputy Speaker of the House of Commons shall preside at all meetings of the House.

26. The presence of ten members of the House of Commons including the Speaker shall be necessary to constitute a meeting of the House of Commons.

27. Questions arising in the House of Commons shall be decided by a majority voice, with the speaker only voting if the voices are equal.

28. No House of Commons shall continue for longer than five years from the day of the return of the writs of election for the House.

Money Votes; Royal Assent

29. Bills for appropriating the Public Revenue, or for imposing a tax, shall originate in the House of Commons.

30. The House of Commons shall not adopt or pass any vote, resolution, address, or bill for the appropriation of revenue or moneys unless the purpose of the appropriation has been recommended to the House by a message of the Governor-General proposing the said vote, resolution, address, or bill.

31. When a bill passed by the Houses of Parliament is presented to the Governor-General for the signification of the Queen’s Assent, he shall declare, subject to his discretion and the provisions of this act and of the Queen’s instructions, that he assents to the Bill in the Queen’s Name, that he withholds the Queen’s assent, or that he reserves the Bill for the signification of the Queen’s Pleasure.

32. A Bill reserved for the signification of the Queen’s pleasure shall not be of force and effect unless the Governor-General signifies to the Houses that it has received the Assent of the Queen in Council.

33. (Repealed)

Judiciary

34. The judicial power of Ibagli shall be vested in a court to be styled the Supreme Court of Ibagli and in other such courts as the Parliament of Ibagli deems necessary to create.

35. The Supreme Court of Ibagli shall consist of a Chief Justice and as many puisne judges, not less than two, as the Parliament of Ibagli deems necessary.

36. No Act of Parliament lowering the number of judges of the Supreme Court of Ibagli shall remove any judge from office.

37. The Governor-General shall appoint the Chief Justice and puisne judges of the Supreme Court of Ibagli and the judges of other courts created by the Parliament of Ibagli.

38. The judges of the courts of Ibagli shall hold office during good behaviour, and may be removed by the Governor-General on address of the House of Commons and Senate, which address shall enumerate the misbehaviours or reasons for incapacity of the said judge.

39. Parliament shall provide for the compensation of judges, which compensation shall not be lowered during any judge's term of office.

40. The Parliament of Ibagli shall determine the jurisdiction of the courts of Ibagli.

Finance and Trade

41. All revenues and moneys raised or received by the Executive Government of Ibagli shall form one Consolidated Revenue Fund, to be appropriated for the Public Service of Ibagli in the manner and subject to the charges and liabilities imposed by this Act.

42. The Consolidated Revenue Fund of Ibagli shall be permanently charged with the costs, charges, and expenses incident to the collection, management, and receipt thereon, and the same shall form the first charge thereon.

43. The annual debts of Ibagli shall form the second charge on the Consolidated Revenue Fund of Ibagli.

44. Unless altered by the Parliament of Ibagli, the salary of the Governor-General shall be five thousand pounds money of Australia, payable out of the Consolidated Revenue Fund of Ibagli and forming the third charge thereon.

Declaration of Fundamental Rights

45. Every person has the following rights:

(1) the freedom of belief, religion, thought, conscience, and opinion;
(2) the freedom of communication;
(3) the freedom to peacefully assemble;
(4) the freedom of expression; and
(5) the freedom of association.

46. The Parliament of Ibagli shall not make any law that provides for the deprivation of equal treatment under the law on the basis of race, colour, religious beliefs or lack of religious beliefs, place of origin, sex, sexual orientation, or any other such categories as the Parliament of Ibagli shall provide.

47. Section 46 of this act shall not be construed as to abrogate the right of the Parliament of Ibagli to make provisions for the naturalisation of aliens, but those persons who are naturalised according to Ibaglian law shall immediately become citizens of Ibagli, inseparable from the body politic of Ibagli forever.

48. Every citizen of Ibagli has the right to vote in elections for members of the House of Commons and for members of such local authorities as Parliament shall deem fit to create.

49. The Parliament of Ibagli shall sit at least once in any given twelve month period.

50. Every citizen of Ibagli has the right to enter, remain in, or leave Ibagli.

51. Every person, from birth, has the right to life, which shall not be removed as punishment for any crime.

52. Every person has the right to liberty and security of the person, except when it is necessary for it to be deprived in accordance with the principles of justice.

53. Every person has the right to be secure against unreasonable search and seizure, and to not be have evidence obtained in violation of this right presented as evidence of his or her guilt in any criminal proceeding.

54. Every person who is arrested and detained shall be promptly informed of the reasons for his or her arrest or detention, shall have the right to retain and instruct counsel without hindrance, and shall have the validity of the detention determined by way of habeas corpus and be released if the detention is not lawful.

55. Every person who is charged with an offence:

(1) shall be informed of the charges without delay;
(2) shall be tried within a reasonable time;
(3) shall not be compelled to be a witness in proceedings against that person in respect of the offence;
(4) shall be presumed innocent until proven guilty according to law in a fair and public hearing by an impartial party or parties;
(5) shall not be denied reasonable bail without just cause;
(6) shall not be found guilty on account of any act or omission unless, at the time of the act or omission, it constituted an offence under Ibaglian or international law or was criminal according to the general principles of law recognized by the community of nations;
(7) shall, if finally acquitted of the offence, not be tried for it again and, if finally found guilty and punished for the offence, not to be tried or punished for it again; and
(8) shall have the right, if found guilty of the offence and if the punishment for the offence has been varied between the time of commission and the time of sentencing, to the benefit of the lesser punishment.

56. No person shall be subjected to cruel or unusual treatment or punishment.

57. Every person in Ibagli shall be permitted access to the courts in his or her native language, through the services of a translator if so necessary.

58. The rights listed in this declaration shall not be construed in a way that disparages rights not listed therein.

59. The rights listed in this declaration shall not be construed in a way that limits or removes the rights of any person.

60. Any act of the Parliament of Ibagli, or action of the Governor-General-in-Council, that is not in accordance with the Constitution of Ibagli is of no force and effect.

Amendments

61. The Constitution of Ibagli may be amended by the Governor-General-in-Council after two-thirds of the House of Commons and a majority of the Senate have approved resolutions authorising the amendment.

61.1 This Constitution may be amended by a proclamation by the Governor-General in Council after a majority of the House of Commons has approved a resolution authorising the amendment, provided that the amendment is also approved by a majority of electors voting in a referendum held on the proposal.

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