Constitution of Zélande

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The Constitution of Zélande, officially the **Constitution of the Kingdom of Zélande**, is the founding document for governing the Kingdom of Zélande. Before 2nd August 2020 (the adoption of the current Constitution), the original Constitution was in effect, until it was suspended on 3rd July 2020 after King Penguin I. instituted a State of Emergency, leaving the country without a constitution for 30 days.[1]

## Content

The Constitution, enacted on 2nd August 2020, creates the foundation for politics, government, and society in the Kingdom of Zélande.

## Preamble

We the People of the Kingdom of Zélande, in order to form a free, secular, and democratic society, based upon the principles of justice and equality, hereby establish this Constitution for the Kingdom of Zélande.

## Article I

**Section 1:** All legislative powers herein shall be vested in the power of the Monarch and the Parliament of the Kingdom of Zélande.

* **1.1:** The Monarch shall act as the Head of State and have the power to create laws through the use of a Royal Mandate.
	+ **1.1.1:** The Monarch shall establish a Privy Council of advisors to consult with on decision making.
	+ **1.1.2:** A Royal Mandate is defined as a proclamation issued by the Monarch creating and enforcing a regulation.
	+ **1.1.3:** A Royal Mandate shall be considered superior to any other piece of legislation, and shall be able to override the Constitution.
	+ **1.1.4:** The Monarch shall have the power to declare a National Emergency, via a Writ of Naturalis Subitis.

* **1.2:** The Parliament of the Kingdom of Zélande shall consist of a unitary, unicameral Parliament. This parliament shall be charged with drafting, passing, and revising bills to fit the limits of the Constitution, and what is best for the country and its people.
	+ **1.2.1:** No bill nor motion shall become law unless it has obtained Royal Assent by the Monarch. The Monarch must sign the bill or motion in order for it to be considered legitimate law.

**Section 2:** The Parliament of the Kingdom of Zélande shall consist of members proportionate to the population of the Kingdom of Zélande, which shall have their power vested from all willing and eligible citizens.

* **2.1:** Each member shall have been a Citizen of the Kingdom of Zélande at or before the time a most recent Writ of Election is called.
* **2.2:** General Elections shall be held at least every ninety days. After ninety days have passed, the Monarch shall issue a Writ of Election. The Writ will announce the date of a General Election, and dissolve Parliament.
	+ **2.2.1:** Members shall be elected through a single national ballot, consisting of all candidates or parties.
	+ **2.2.2:** Members shall be selected in order of the amount of votes allocated to them via the Webster method of voting.

* **2.3:** For a Member of Parliament to take their seat, they must take the Oath of Allegiance.
	+ **2.3.1:** The Oath of Allegiance is as follows: ‘I, [Legal Name of Individual], do solemnly, sincerely, and truly declare and affirm, that I will be faithful and bear true allegiance to His Majesty King Penguin I, his heirs and successors, according to law.’

* **2.4:** The party or coalition with the most seats shall form the Government.
	+ **2.4.1:** The Government shall select a Prime Minister to act as the Head of the Government.
	+ **2.4.2:** The Prime Minister shall appoint a cabinet from members in the government to perform various tasks, at the discretion of the Prime Minister.
	+ **2.4.3:** The Speaker shall be an impartial Member of Parliament chosen by the Parliament. The Speaker shall not allow their political party or organisation to influence their term as Speaker.
	+ **2.4.4:** The Speaker shall not vote unless a tie is present.
	+ **2.4.5:** In the event there is no clear Government within seven days, the Speaker from the previous session shall decide which Members of Parliament shall form the Government.

* **2.5:** The Parliament of the Kingdom of Zélande shall have the power to appoint a Speaker of the Parliament of the Kingdom of Zélande and vote no-confidence in the Prime Minister, all by majority vote.
	+ **2.5.1:** In the event of a no confidence vote, the Monarch will choose an opposition Member of Parliament to attempt to form a new Government. If a new Government cannot be formed within seven days, a General Election must occur.

## Article II

**Section 1:** A bill is defined as a document that outlines a proposal for future legislation.

* **1.1:** Bills submitted to the Parliament of the Kingdom of Zélande must be read thoroughly before a vote is called by the Speaker.
	+ **1.1.1:** Amendments to a bill may be proposed and voted on at any time.
	+ **1.1.2:** Once a bill passes one Chamber, it will be passed to the other Chamber.
	+ **1.1.3:** If the other Chamber revises a bill, it shall go back to the Chamber of origin for voting.
	+ **1.1.4:** If the vote mentioned in II.1.1.3 fails, the bill shall go back to the other house for one final attempt to amend the bill through the same procedure listed in II.1.1.2.
	+ **1.1.5:** Once a bill has been ratified by Parliament, it shall go to the Monarch for Royal Assent.
	+ **1.1.6:** If the Monarch gives Royal Assent to the bill, it shall be implemented per the terms of the bill.
	+ **1.1.7:** If the Monarch refuses to give the bill Royal Assent, the bill will not become law.

**Section 2:** An amendment to the Constitution is defined as a change to the Constitution of the Kingdom of Zélande.

* **2.1:** An amendment to the Constitution shall be submitted and voted for through the same procedures listed in II.1.1 or II.1.2.
	+ **2.1.1:** All votes for amendments to the Constitution of the Kingdom of Zélande shall require a supermajority of votes for the amendment.
* **2.2:** After receiving Royal Assent, a majority of provincial legislatures must approve the amendment.
	+ **2.2.1:** A provincial legislature can opt out of implementing an amendment through the permission of the Monarch.

**Section 3:** A motion is defined as a formal proposal for the Parliament of the Kingdom of Zélande to take a certain action.

* **3.1:** After reading a motion, the proposer shall be asked whether they would want a vote on the motion.
	+ **3.1.1:** If a motion is ratified in the Parliament of the Kingdom of Zélande, it shall immediately go to the Monarch for Royal Assent.

## Article III

**Section 1:** The High Court of the Kingdom of Zélande shall be the chief judicial body of the Kingdom of Zélande.

* **1.1:** The main duty of the High Court is to protect and uphold the Constitution of the Kingdom of Zélande.
* **1.2:** The High Court shall consist of the Monarch and four other Justices appointed by the Monarch.
	+ **1.2.1:** At least three out of five Justices must agree to deliver a verdict.
		- **1.2.1.1:** The Monarch may overrule the other Justices in extreme or extraordinary cases.

**Section 2:** The High Court shall establish inferior courts with the permission of the Governor and Mayor of the city the court will be located.

* **2.1:** If a plaintiff or defendant feels the ruling of the inferior court is unfair or biased, they shall receive the opportunity to appeal to the High Court.
* **2.2:** Rulings made by the High Court shall supersede the rulings of an inferior court.
* **2.3:** The inferior courts will be implemented by constitutional legislation.

**Section 3:** All courts shall work on a common law basis.

## Article IV

**Section 1:** Provinces and external territories shall be considered autonomous and shall have devolved powers from the Government of Zélande.

* **1.1:** Each province and external territory shall have a unicameral Westminster-style Parliament, based upon this Constitution and the Parliament of the Kingdom of Zélande, representative of its population.
	+ **1.1.2:** The Governor shall act as the Head of State of a province or external territory, and shall be selected by the Monarch to govern on their behalf. The Governor shall act as the official representative of the Monarch.
		- **1.1.2.1:** The Monarch may override decisions made by the Governor if necessary.
	+ **1.1.3:** The Premier shall act as the Prime Minister of a Provincial Government of a province.
	+ **1.1.4:** The Chief Minister shall act as the Prime Minister of an external territory.
	+ **1.1.5:** Provincial lower houses must hold General Elections at least every ninety days.
* **1.2:** All provinces and external territories must follow any legislature passed by the Government of Zélande.
	+ **1.2.1:** Legislation passed by the Parliament of the Kingdom of Zélande does not apply to external territories unless explicitly stated.
	+ **1.2.2:** Provinces may draft their own legislation, provided that they do not contradict national legislation or the Constitution of the Kingdom of Zélande.
* **1.3:** All motions and legislation must obtain Royal Assent from the Monarch or their representative before they are enacted. If the Assent or rejection is contradicted, the Monarch’s verdict shall be accepted.

**Section 2:** New provinces can be created via a charter granted by the Monarch and the approval of neighbouring Governors from territory already controlled by the Kingdom of Zélande.

**Section 3:** Internal territories shall be under the control of the Parliament of the Kingdom of Zélande. However, local legislative bodies may be set up with the consent of the Parliament of the Kingdom of Zélande, or with the consent of the Monarch.

## Article V

**Section 1:** All persons in the Kingdom of Zélande are entitled to certain natural rights, that may not be taken away without a formal Declaration of a National Emergency or a formal Declaration of War, except all court and punishment legislation, which cannot ever be overruled.

* **1.1:** The right of freedom of speech, press, religious belief, and expression shall not be abridged, unless it is deemed to be Hate Speech or Slander.
	+ **1.1.1:** Hate Speech is defined as speech, press, or expression, or another form of communication that may reasonably offend a certain identifiable group of persons.
	+ **1.1.2:** Slander is defined as the action of making a false statement damaging to a person's reputation or social status.
	+ **1.1.3:** The Kingdom of Zélande shall not, nor shall any of its territories or possessions, ever establish an official religious belief or political ideology in any form, and they may not give any aid or funding to any religious body, nor may they receive funds from any religious body.
* **1.2**: No person shall be jailed for more than twenty-four hours without being charged for a crime. This shall be known as the Law of Habeas Corpus.
	+ **1.2.1:** All persons have the right to a solicitor and a jury of eight of their peers if charged with a crime. The Government of the Kingdom of Zélande shall pay for a solicitor if the defendant cannot afford one, and has requested one.
		- **1.2.1.1:** Magistrates’ Courts will not have a jury, however, the defendant may appeal to the District Court in order to have a jury.
		- **1.2.1.2:** Juries must be unanimous in order to deliver a guilty verdict.
* **1.3:** No person shall be convicted of a lethal or corporal punishment in a civil or military court of law, nor may they be tortured, or serve any cruel or unusual punishment.
* **1.4:** All Citizens of the Kingdom of Zélande are entitled to vote in General Elections at least every ninety days to choose Members of Parliament for the Parliament of the Kingdom of Zélande, and for the lower house of their provincial legislature.
* **1.5:** All Citizens have legal Right of Abode, and may not be denied entry into the country unless their citizenship is revoked.
	+ **1.5.1:** Citizenship may not be revoked unless the person faces permanent banishment from the Kingdom of Zélande, including all possessions and territories.
		- **1.5.1.1:** Only the Monarch may revoke or approve the revocation of citizenship of the Kingdom of Zélande, and only under the provisions of § V.1.5.1 of the Constitution of the Kingdom of Zélande.
* **1.6:** All persons shall have the right to the utmost respect, dignity, and privacy.
* **1.7:** All persons have discrimination protections on the basis of, race, creed, gender, religious belief, political belief, sexual orientation, gender identity, or any other identifiable group.
	+ **1.7.1:** The government may not collect any data or census using any identifiable group.
* **1.8:** All Citizens of the Kingdom of Zélande shall have the right to travel throughout the entire Kingdom of Zélande, and all of its territories and possessions, and without being subject to border or immigration controls or restrictions.
* **1.9:** Any cruel and unusual punishment is outright forbidden. This shall include solitary, corporal, capital punishment, torture, and any other cruel or unusual punishment as determined by the Courts or by constitutional legislation.

**Section 2:** Marriage shall consist of any consenting individuals that have formally registered with the Government of the Kingdom of Zélande.

## Article VI

**Section 1:** English, French, and German shall be considered the official and national languages of the Kingdom of Zélande.

* **1.1:** Every person shall be entitled to public information and services in any of the national languages, if requested.
* **1.2:** Autonomous regions of the Kingdom of Zélande may establish their own official languages, in addition to English, French, and German, and must provide public information and services in all of their official languages, if requested.

## Article VII

**Section 1:** The Monarch of the Kingdom of Zélande has the power to set up civil and military defence forces to protect the safety, security, and prosperity of the Kingdom of Zélande, and all its people.

* **1.1:** The Monarch has the power to appoint or approve officials to control these forces on their behalf. However, the Monarch still has the final decision-making power.[2]