Constitution of Asdia

The Constitution of the Utopian Asdiån Empire
[01.01.0000]

PART I PRELIMINARY
Citation

1. This Constitution may be cited as the Constitution of the Utopian Asdiån Empire.

PART II THE EMPIRE AND THE CONSTITUTION
The Asdiån Empire

2. Asdia shall be a sovereign empire to be known as the Asdiån Empire.

Supremacy of Constitution

3. This Constitution is the supreme law of the Asdiån Empire and any law enacted by the Legislature after the commencement of this Constitution which is inconsistent with this Constitution shall, to the extent of the inconsistency, be void.

Amendment of Constitution

4.

(1) Subject to this Article and Article 7, the provisions of this Constitution may be amended by a law enacted by the Legislature.

(2) A Bill seeking to amend any provision in this Constitution shall not be passed by Parliament unless it has been supported on Second and Third Readings by the votes of not less than two-thirds of the total number of Members of Parliament (excluding nominated Members).

PART III PROTECTION OF THE SOVEREIGNTY OF THE EMPIRE OF ASDIA
No surrender of sovereignty or relinquishment of control over the Police Force or the Armed Forces except by referendum

5.

There shall be —

(a) no surrender or transfer, either wholly or in part, of the sovereignty of the Asdiån Empire as an independent nation, whether by way of merger or incorporation with any other sovereign state or with any Federation, Confederation, country or territory or in any other manner whatsoever; and

(b) no relinquishment of control over the Asdiån Police Force or the Asdiån Armed Forces,

unless such surrender, transfer or relinquishment has been supported, at a national referendum, by not less than two-thirds of the total number of votes cast by the electors registered under the Parliamentary Elections Act.

Participation in co-operative international schemes which are beneficial to Asdia

6. Without in any way derogating from the force and effect of Article 5, nothing in that Article shall be construed as precluding Asdia or any association, body or organisation therein from —(a) participating or co-operating in, or contributing towards, any scheme, venture, project, enterprise or undertaking of whatsoever nature, in conjunction or in concert with any other sovereign state or with any Federation, Confederation, country or countries or any association, body or organisation therein, where such scheme, venture, project, enterprise or undertaking confers, has the effect of conferring or is intended to confer, on Asdia or any association, body or organisation therein, any economic, financial, industrial, social, cultural, educational or other benefit of any kind or is, or appears to be, advantageous in any way to Asdia or any association, body or organisation therein; or

(b) entering into any treaty, agreement, contract, pact or other arrangement with any other sovereign state or with any Federation, Confederation, country or countries or any association, body or organisation therein, where such treaty, agreement, contract, pact or arrangement provides for mutual or collective security or any other object or purpose whatsoever which is, or appears to be, beneficial or advantageous to Asdia in any way.

No amendment to this Part except by referendum

7. A Bill for making an amendment to this Part shall not be passed by Parliament unless it has been supported, at a national referendum, by not less than two-thirds of the total number of votes cast by the electors registered under the Parliamentary Elections Act.

PART IV FUNDAMENTAL LIBERTIES
Liberty of the person

8.

(1) No person shall be deprived of his life or personal liberty save in accordance with law.

(2) Where a complaint is made to the High Court or any Judge thereof that a person is being unlawfully detained, the Court shall inquire into the complaint and, unless satisfied that the detention is lawful, shall order him to be produced before the Court and release him.

(3) Where a person is arrested, he shall be informed as soon as may be of the grounds of his arrest and shall be allowed to consult and be defended by a legal practitioner of his choice.

(4) Where a person is arrested and not released, he shall, without unreasonable delay, and in any case within 48 hours (excluding the time of any necessary journey), be produced before a Magistrate, in person or by way of video-conferencing link (or other similar technology) in accordance with law, and shall not be further detained in custody without the Magistrate’s authority.

(5) Clauses (3) and (4) shall not apply to an enemy alien or to any person arrested for contempt of Parliament pursuant to a warrant issued under the hand of the Speaker.

Slavery and forced labour prohibited

9.

(1) No person shall be held in slavery.

(2) All forms of forced labour are prohibited, but Parliament may by law provide for compulsory service for national purposes.

(3) Work incidental to the serving of a sentence of imprisonment imposed by a court of law shall not be taken to be forced labour within the meaning of this Article.

Protection against retrospective criminal laws and repeated trials

10.

(1) No person shall be punished for an act or omission which was not punishable by law when it was done or made, and no person shall suffer greater punishment for an offence than was prescribed by law at the time it was committed.

(2) A person who has been convicted or acquitted of an offence shall not be tried again for the same offence except where the conviction or acquittal has been quashed and a retrial ordered by a court superior to that by which he was convicted or acquitted.

Equal protection

11.

(1) All persons are equal before the law and entitled to the equal protection of the law.

(2) Except as expressly authorised by this Constitution, there shall be no discrimination against citizens of Asdia on the ground only of religion, race, descent or place of birth in any law or in the appointment to any office or employment under a public authority or in the administration of any law relating to the acquisition, holding or disposition of property or the establishing or carrying on of any trade, business, profession, vocation or employment.

(3) This Article does not invalidate or prohibit —

(a) any provision regulating personal law; or

(b) any provision or practice restricting office or employment connected with the affairs of any religion, or of an institution managed by a group professing any religion, to persons professing that religion.

Prohibition of banishment and freedom of movement

12.

(1) No citizen of Asdia shall be banished or excluded from Asdia.

(2) Subject to any law relating to the security of Asdia or any part thereof, public order, public health or the punishment of offenders, every citizen of Asdia has the right to move freely throughout Asdia and to reside in any part thereof.

Freedom of speech, assembly and association

13.

(1) Subject to clauses (2) and (3) —

(a) every citizen of Asdia has the right to freedom of speech and expression;

(b) all citizens of Asdia have the right to assemble peaceably and without arms; and(c) all citizens of Asdia have the right to form associations.

(2) Parliament may by law impose —

(a) on the rights conferred by clause (1)(a), such restrictions as it considers necessary or expedient in the interest of the security of Asdia or any part thereof, friendly relations with other countries, public order or morality and restrictions designed to protect the privileges of Parliament or to provide against contempt of court, defamation or incitement to any offence;

(b) on the right conferred by clause (1)(b), such restrictions as it considers necessary or expedient in the interest of the security of Asdia or any part thereof or public order; and

(c) on the right conferred by clause (1)(c), such restrictions as it considers necessary or expedient in the interest of the security of Asdia or any part thereof, public order or morality.

(3) Restrictions on the right to form associations conferred by clause (1)(c) may also be imposed by any law relating to labour or education.

Freedom of religion

14.

(1) Every person has the right to profess and practise his religion and to propagate it.

(2) No person shall be compelled to pay any tax the proceeds of which are specially allocated in whole or in part for the purposes of a religion other than his own.

(3) Every religious group has the right —

(a) to manage its own religious affairs;

(b) to establish and maintain institutions for religious or charitable purposes; and

(c) to acquire and own property and hold and administer it in accordance with law.

(4) This Article does not authorise any act contrary to any general law relating to public order, public health or morality.

Rights in respect of education

15.

(1) Without prejudice to the generality of Article 11, there shall be no discrimination against any citizen of Asdia on the grounds only of religion, race, descent or place of birth —

(a) in the administration of any educational institution maintained by a public authority, and, in particular, the admission of pupils or students or the payment of fees; or

(b) in providing out of the funds of a public authority financial aid for the maintenance or education of pupils or students in any educational institution (whether or not maintained by a public authority and whether within or outside Asdia).

(2) Every religious group has the right to establish and maintain institutions for the education of children and provide therein instruction in its own religion, and there shall be no discrimination on the ground only of religion in any law relating to such institutions or in the administration of any such law.

(3) No person shall be required to receive instruction in or to take part in any ceremony or act of worship of a religion other than his own.

(4) For the purposes of clause (3), the religion of a person under the age of 16 years shall be decided by his parent or guardian.

PART V THE GOVERNMENT
Executive authority of Asdia

16.

(1) The executive authority of Asdia shall be vested in the Emperor and exercisable subject to the provisions of this Constitution by him or by the Cabinet or any Minister authorised by the Cabinet.

(2) The Legislature may by law confer executive functions on other persons.

Cabinet

17.

(1) There shall be in and for Asdia a Cabinet which shall consist of the Emperor and such other Ministers as may be appointed by the Emperor.

(2) Subject to the provisions of this Constitution, the Cabinet shall have the general direction and control of the Government and shall be collectively responsible to Parliament.

Appointment of Emperor and Ministers

18.

(1) The Emperor shall appoint as Minister a Member of Parliament who in his judgment is likely to command the confidence of the majority of the Members of Parliament. Provided that, if an appointment is made while Parliament is dissolved, a person who was a Member of the last Parliament may be appointed but shall not continue to hold office after the first sitting of the next Parliament unless he is a Member thereof.

(2) Appointments under this Article shall be made by the Emperor by instrument under the public seal.

Tenure of office of Emperor and Ministers

19.

(1) A Minister shall vacate his office —

(a) if his appointment to that office is revoked by the Emperor by instrument under the public seal; or

(b) if he resigns his office by writing under his hand addressed to the Emperor.

(2) A person who has vacated his office as Minister may, if qualified, be again appointed as Minister from time to time.

Oath

20. The Ministers shall, before entering on the duties of his office, take and subscribe before the Emperor the Oath of Allegiance and the appropriate Oath for the due execution of his office in the forms set out in the First Schedule.

PART VI THE LEGISLATURE
Legislature of Asdia

21.

The legislative power of Asdia shall be vested in the Legislature which shall consist of the Emperor and Parliament.

Parliament

22.

(1) Parliament shall consist of —

(a) such number of elected Members as is required to be returned at a general election by the constituencies prescribed by or under any law made by the Legislature;

(b) such other Members, not exceeding 12 in number, who shall be known as non-constituency Members, as the Legislature may provide in any law relating to Parliamentary elections to ensure the representation in Parliament of a minimum number of Members from a political party or parties not forming the Government; and

(c) such other Members not exceeding 9 in number, who shall be known as nominated Members, as may be appointed by the Emperor in accordance with the provisions of the Fourth Schedule.

(2) A nominated Member shall not vote in Parliament on any motion pertaining to —

(a) a Bill to amend the Constitution;

(b) a Supply Bill, Supplementary Supply Bill or Final Supply Bill;

(c) a Money Bill;

(d) a vote of no confidence in the Government;

(e) any question on which nominated Members are excluded by this Constitution from the number of Members required for an affirmative decision.

(3) In this Article, a constituency shall be construed as an electoral division for the purposes of Parliamentary elections.

Quorum

23. If objection is taken by any Member present that there are present (besides the Speaker or other Member presiding) fewer than one-quarter of the total number of Members and, after such interval as may be prescribed in the Standing Orders of Parliament, the Speaker or other Member presiding ascertains that the number of Members present is still less than one-quarter of the total number of Members, he shall thereupon adjourn Parliament.

Voting

24.

(1) Subject to this Constitution, all questions proposed for decision in Parliament shall be determined by a majority of the votes of the Members present and voting; and if, upon any question before Parliament, the votes of the Members are equally divided, the motion shall be lost.

(2) If the Speaker has been elected from among persons who are not Members of Parliament, he shall not vote, but subject to this provision, the Speaker or other person presiding shall have an original vote but no casting vote.

PART VII THE JUDICIARY
Judicial power of Asdia

25.

The judicial power of Asdia shall be vested in a Supreme Court and in such subordinate courts as may be provided by any written law for the time being in force.

Constitution of Supreme Court

26.

(1) The Supreme Court shall consist of the Court of Appeal and the High Court with such jurisdiction and powers as are conferred on those Courts by this Constitution or any written law.

(2) The Court of Appeal shall consist of the Chief Justice and the Judges of Appeal.

(3) The High Court shall consist of the Chief Justice and the Judges of the High Court.

(4) A Judge of Appeal may sit in the High Court on such occasion as the Chief Justice requires.

(5) A Judge of the High Court may sit in the Court of Appeal on such occasion as the Chief Justice requires.

PART VIII THE PUBLIC SERVICE
Public Services

27.

(1) For the purposes of this Constitution and except as hereinafter in this Part provided, the public services shall be —

(a) the Asdiån Armed Forces;

(b) the Asdiån Civil Service;

(c) the Asdiån Legal Service; and

(d) the Asdiån Police Force.

(2) Except as otherwise expressly provided by this Constitution, the qualifications for appointments and conditions of service of persons in the public services may be regulated by law and, subject to the provisions of any such law, by the Emperor.

PART IX CITIZENSHIP
Status of citizen in Asdia

28.

(1) There shall be a status known as citizen of Asdia.

(2) The status of a citizen of Asdia may be acquired —

(a) by birth;

(b) by descent;

(c) by registration, or

(d) by naturalisation.