New Kempton Constitution

The New Kempton Constitution is the highest legal document in the Province. Only malleable by "the Office of the Founder, Office of the Co-Founder, or by a two thirds approval from the General Assembly or equivalent legislative body."

## New Kempton Constitution

### Articles

7

The New Kempton Constitution is consistent of 7 Articles, each with a certain number of sections.

## Article 1 - *FUNDAMENTAL FREEDOMS*

#### SECTION I *- Freedom of Speech, Expression, and Opinion*

The right to free speech, expression, and opinion may not be infringed upon.

#### SECTION II - *Freedom of Religion*

The right to practice the freedom of religion may not be infringed upon.

#### SECTION III *- Freedom of Communication and Press*

The freedom of the press and other communications may not be infringed upon.

## Article 2 - *DEMOCRATIC FREEDOMS*

#### SECTION I - *Right to Privacy and Security*

The right to privacy, and property shall not be infringed. The right to be free of unreasonable searches and seizures may not be infringed.

#### SECTION II - *Right to Assemble and Petition*

The freedom and right to assemble, and petition against the government may not be infringed.

#### SECTION III - *Right to Free and Fair Elections*

Citizens of New Kempton shall be given the right to free and fair elections. The right to vote in said free and fair elections shall not be infringed upon.

#### SECTION IV - *Right to Legislative Representation*

The General Assembly or legislative body shall assemble at least once every month.

#### SECTION V - *Elected Offices*

The Office of the Premier, Office of the Deputy Premier, and Office of the Members of Provincial Parliament shall be held by those elected into office.

## ARTICLE THREE *- JUDICIARY*

#### SECTION I - *Judiciary*

The Judiciary shall comprise the Superior Courts of New Kempton, and the Provincial Courts of New Kempton, and other courts that the General Assembly may enact.

#### SECTION II - *Inferior Courts*

The Inferior Courts within New Kempton shall be the New Kempton Superior Courts, and the New Kempton Provincial Courts. The New Kempton Superior Courts shall have initial jurisdiction over all appeals from the New Kempton Provincial Courts. The New Kempton Provincial Courts shall have initial jurisdiction over all expungement, criminal, and civil cases.

#### SECTION III - *Detainment and Imprisonment*

Everyone shall have the right to not be arbitrarily detained or imprisoned. Everyone shall have the right to be informed of the reason of detainment, arrest, or imprisonment, to retain and instruct counsel without delay and to be informed of that right; and to have a validation of imprisonment through habeas corpus.

#### SECTION IV - *Warrant and Subpoena*

The Superior Court of New Kempton and all inferior courts shall have the sole power to issue arrest, and search warrants for individuals within the Province. The Superior Court of New Kempton and all inferior courts shall have the authority to subpoena those relating to an on-going case within their docket.

#### SECTION V - *Punishment*

No one shall be subject to unreasonable or cruel punishments, or treatment as punishment for an offence.

#### SECTION VI - *Habeas Corpus*

Writ of Habeas Corpus may not be suspended at any time. The Office of the Founder, and the Office of the Co-Founder shall be the only office’s to suspend habeas corpus.

#### SECTION VII - *Treason*

Treason shall be a person who assists an enemy of the province, this shall be consistent to enemies, and assisting in an attack on the land of New Kempton. Any person who shall attempt to overthrow the New Kempton Provincial Government shall be tried for the high crime of Treason. An individual shall only be convicted of Treason by the Founder, Co-Founder, and the Superior Court of New Kempton.

#### SECTION VIII - *Due Process*

No person shall be deprived of their civil liberties and rights to freedom without the process of the law.

## ARTICLE FOUR - *EXECUTIVE*

#### SECTION I - *Office of the Founder*

The Office of the Founder shall be the Head of New Kempton. He shall have full veto power over any statute, judicial ruling, opinion, and actions by the Provincial Government.

#### SECTION II - *Office of the Premier*

The Office of the Premier shall be the Head of the Provincial Government, and the Commander-in-chief of the 42’nd Brigade. They shall be an elected official, serving a term for 3 months. Premier’s shall serve a maximum of three terms.

#### SECTION III - *Executive Orders*

Executive Orders may only be issued by the Office of the Founder, Office of the Co-Founder, and the Office of the Premier. Executive Orders may only be nullified by a simple majority of the General Assembly, the Chief Justice, the Office of the Founder, and the Office of the Co-Founder, and the Office of the Premier.

#### SECTION IV - *Veto*

The Office of the Premier shall have the authority to veto proposed legislation which has passed the General Assembly.

#### SECTION V - *Pardons*

The Office of the Premier, Office of the Founder, and the Office of the Co-Founder may grant pardons to individuals convicted of crimes. The Office of the Premier may not grant pardons in cases of impeachment.

#### SECTION VI - *Cabinet*

The Premier’s Cabinet shall consist of the Deputy Premier, Chief of Staff, Minister of Small Business, Minister of Justice, Minister of Health, Provincial Security Advisor, and all Deputy Ministers. This may include any Ministries that the Premier may enact from time to time.

#### SECTION VII - *Appointment*

The Office of the Premier shall appoint individuals to his, or her cabinet, and to the Judiciary.

#### SECTION VIII - *Designated Premier*

If the Premier is to leave, be impeached, or resign, an unnamed Government Official, chosen at the start of his or her term, shall become the Premier.

#### SECTION IX - *Provincial Departments*

The Office of the Premier shall have the authority under justification to manipulate Provincial Departments, and their department personnel as he or she deems necessary. These actions may be overridden by the General Assembly.

## ARTICLE FIVE *- LEGISLATIVE*

#### SECTION I - *General Assembly*

The General Assembly shall be the legislative body within the Province of New Kempton. This shall be consistent of 10 Members of Provincial Parliament, and 10 Senators. The legislative body shall be unicameral.

#### SECTION II *- Impeachment*

The General Assembly shall have the sole power of articles of impeachment. They shall be able to impeach the Premier, and any government official within the Judiciary and officials within the legislative branch. Ministers shall only be impeached through an investigation with justification, and or through a jury consisting of 5 people. The Premier shall only be impeached through an investigation with justification, and or through a jury consisting of 5 people.

#### SECTION III *- Subpoena and Compel*

The General Assembly shall have the authority to investigate, subpoena, and compel government officials, and individuals with justification.

#### SECTION IV *- Presiding Officer*

The Presiding Officer of the General Assembly shall be the Speaker of the Assembly. In the absence of the Speaker of the Assembly, the Speaker Pro-Tempore shall be the Presiding Officer of the Assembly.

#### SECTION V *- Government Oversight Committee*

The Government Oversight Committee shall have the authority to investigate government officials for the purposes of finding grounds of impeachment, committing ethics violations, and or criminal misconduct.

#### SECTION VI *- Provincial Departments*

The General Assembly shall have the authority under justification to manipulate Provincial Departments, and their department personnel as they see necessary through legislation.

#### SECTION VII *- Executive Premier Override*

The General Assembly shall be able to override a Premier’s legislative override with a simple majority.

## ARTICLE SIX *- ELECTIONS*

#### SECTION I *- General Elections*

General Elections shall be scheduled Premier, and General Assembly Elections. General Election dates shall be decided by the New Kempton Electoral Committee. General Elections occur every time a term for an elected office expires.

#### SECTION II *- By-Elections*

By-Elections will occur when a vacancy has occurred in the office through resignation or death. The date, and time of the by-election shall be determined by the New Kempton Electoral Committee.

#### SECTION III *- Recall Elections*

Any elected official shall be eligible for recall during their time in office. The petition for recall must be met with 150 signatures, or through a bypass by the Office of the Founder. The petition for recall must state the reason for recall, and meet the requirements set by the New Kempton Electoral Committee.

#### SECTION IV *- Oath of Office*

All Elected, and Selected Officials employed under the government shall be required to take an Oath of Office administered by the Founder, Co-Founder, Premier, Speaker of the Assembly, or the Chief Justice.

## ARTICLE SEVEN - *GENERAL PROVISIONS*

There shall be no legislative, and or executive actions passed which violate the Constitution of New Kempton. The Constitution shall only be amended by the Office of the Founder, Office of the Co-Founder, or by a two thirds approval from the General Assembly or equivalent legislative body.