Bill: Rejected P.B. 06-017 | Constitutional Resurrection Act

1 - About this Act
(1) This Act
(a) may be cited as the ‘Constitutional Resurrection Act’;
(b) may be numbered as P.B.06-XXX;
(c) shall be enacted once it has received Royal Assent and passed referendum; except that
(i) Part II shall not be enacted until the end of the current Parliamentary session, for which time the text of Appendix A (where changed sections are italicised) shall be in effect;
(d) has been authored by Deputy Prime Minister Kaiserin Anthropy; and
(e) has been co-sponsored by Prime Minister Mc Anthropy.

2 - Replacement of the Constitution
(1) Notwithstanding the changes wrought by the replacement of the Constitution, and subject to the above enactment provisions, the continuity of the Kingdom shall be preserved, and the present government shall remain intact.

(2) The Constitution of the Kingdom of Alexandria shall be repealed, and the following Constitution enacted:

PREAMBLE
KNOW THAT BEFORE STAFF for the health of Lords and Commons, We do hereby establish for the necessary ordering of Our Kingdom, and to better the unity and fidelity between Us the People and our Lords Royal, the following rights and duties of Government, Parliament, Courts, and Crown;

WHEREIN NOTWITHSTANDING the Staff mandate born by the Crown, the following powers are ceded and codified by the Crown-in-Parliament as the supreme law of the land;

PART I - THE CROWN

1. The Crown
The Crown, borne in the living person of the Monarch, is the State made manifest and rendered perpetual in law, invested by the grace of Staff and the assent of the People with the sovereign authority of the Kingdom.

2. The Monarch
The Monarch, styled as such or as King or Queen, serves as the Head of State of the Kingdom, wielding the powers of the Crown as the living embodiment thereof.

The Monarch herein burdens themself with the following duties:

(1) Neutrality. The Monarch shall not use their station for political advocacy and shall act impartially in the exercise of the functions of the Title.
(2) Representation. The Monarch shall represent the Kingdom as Head of State in ceremonial and public functions.
(3) Lawfulness. The Monarch shall uphold this Constitution and the law.
(4) Service. The Monarch shall serve the Kingdom and its people, and shall respect the democratic role of Parliament and the lawful government of the day.
(5) Separation. The Monarch shall hold no other public office whilst reigning, and in particular shall hold neither any seat in Parliament nor any judicial office.

The Monarch shall exercise the powers of the Crown upon the advice of the Government, save where advice cannot reasonably be obtained, and shall not refuse, delay, or disregard such advice, except where extraordinary circumstances require otherwise.

3. Powers of the Crown
The Crown shall withhold the following powers and functions of state, as is its prerogative, and all other powers not otherwise ceded nor limited through law:

(1) Royal Assent. The Crown grants Royal Assent to Bills passed by Parliament, enacting them into law
(2) Government. The Crown appoints the Government that holds the confidence of Parliament.
(3) Parliament. The Crown summons and dissolves Parliament.
(4) Appointment. The Crown appoints and dismisses such public officers as required.

4. The Succession
The Monarch, in their humility, shall reign for no longer than six months from their ascension to the Throne and no person shall take up that Title once more having served it.

During their reign, a Monarch, in their wisdom, may appoint an Heir to succeed them upon the conclusion of their reign as Monarch, adhering to any criteria or processes established by the law.

Wherein a Monarch, in their preoccupation, through providence or otherwise, should happen to not designate a valid Heir to the Crown before the end of their reign, Parliament and the People may hear petitions from claimants to the Throne and from them appoint a new Monarch.

5. Abdicating the Throne
Wherein a Monarch should so desire, they may willingly abdicate the Throne, thus bringing their reign to a premature end.

A Monarch may be compelled to abdicate the Throne by a Bill duly passed by a Supermajority of Parliament and confirmed by Popular Assent, expressed through no fewer than four-fifths of valid votes cast in referendum. Upon such a Bill receiving Popular Assent, the Monarch shall be deemed to have abdicated the Throne.

PART II - THE PARLIAMENT
6. Legislative Power
Parliament shall stand as the representative assembly of the People and Crown of Alexandria, gathered in one chamber for the common counsel of the Realm, wherein the affairs of the Kingdom shall be debated and resolved. In the pursuance thereof, its members shall swear under oath of allegiance to serve faithfully the Crown and abide by authority this Constitution.

7. Powers of Parliament
Unto Parliament are entrusted the following powers for the governance of the Realm:

(1) Legislation. Parliament shall deliberate upon such Bills as may be laid before it and, where it sees fit, pass the same for enactment into law as Acts of Parliament.
(2) Purse. Parliament shall afford unto the Crown such taxation, appropriation, and public expenditure as it judges necessary for the administration of the Kingdom, and none shall otherwise be authorised save by or under an Act of Parliament.
(3) Confidence. Parliament shall bestow and withdraw its confidence in the Government according to its judgement.
(4) Investigation. Parliament, in its vigilance, may appoint committees, require testimony, and call for the production of documents.
(5) Impeachment. Parliament may, in defence of the Constitution and the dignity of public office, impeach and remove Public Officers for conduct so serious or unbecoming as to render them unworthy of such.
(6) War. Parliament alone may commit the Kingdom to war, and then only by Supermajority.
(7) Procedure. Parliament shall be master of its own proceedings and shall regulate them through its Standing Orders wherein its conventions shall be gathered, preserved, and observed as constitutional convention rather than law.

8. Speaker of Parliament
A Parliament shall at all times have a Speaker elected by its Members, as nominated by the Government, according to its own procedures and conventions.

Parliament shall conduct no business whilst the office of Speaker is vacant, save for such proceedings as are necessary for the election of the Speaker.

The Speaker is the impartial presiding officer of Parliament, entrusted by Parliament with the conduct of its proceedings and bound by the following duties:

(1) Impartiality. The Speaker shall serve Parliament as a whole above all political or personal interest and shall not allow the office to advance any political party, Member, or cause.
(2) Stewardship. The Speaker shall preserve the dignity, privileges, and constitutional integrity of Parliament.
(3) Procedure. The Speaker shall interpret and apply the Standing Orders and established parliamentary conventions to ensure the good and orderly conduct of Parliament.
(4) Representation. The Speaker shall represent Parliament in matters beyond its proceedings.

The Speaker shall not participate in debate whilst occupying the Chair and shall vote only where a tie arises.

9. Deputy Speaker of Parliament
A Parliament shall at all times have a Deputy Speaker elected by its Members, as nominated by the Opposition, according to its own procedures and conventions.

The Deputy Speaker is the impartial deputy presiding officer of Parliament, entrusted by Parliament to assist the Speaker in the conduct of its proceedings and to exercise the functions of the Speaker where necessary.

The Deputy Speaker is bound by the same duties and limitations as the Speaker, and shall relinquish their vote.

10. Parliamentary Terms
A Parliament shall continue for no longer than ninety days from the day of its first assembly, whereupon it shall find itself dissolved.
Upon the dissolution of Parliament, the People shall once more be called to the polls to elect a new Parliament, which shall assemble immediately upon election.
Members of Parliament shall be chosen by the People through a party-list system of proportional representation.
Parliament may, by Act of Parliament, determine the number of its Members, provided always that such number remain odd and be no fewer than eleven. No such Act shall take effect until the dissolution of the Parliament by which it was enacted.

PART III - THE GOVERNMENT
11. Executive Government
The Government shall serve as the faithful instrument of the Crown, unto which is committed the care of the Kingdom, the execution of its laws, the preservation of its peace, and the stewardship of its prosperity.

The Monarch's Government shall be formed of Ministers who, in loyal service to the Crown, exercise the executive authority of the Kingdom vested therein, acting collectively through the Cabinet and individually through its Ministers.

Unto the Government are bestowed the following powers for the good governance of the Realm:

(1) Administration. The Government shall administer the affairs of the Kingdom.
(2) Execution. The Government shall faithfully execute and enforce the law.
(3) Prerogative. The Government shall, on behalf of the Monarch, exercise the prerogatives of the Crown except those expressly reserved by this Constitution.

12. Prime Minister
The Monarch shall appoint as Prime Minister the Member of Parliament most likely to form a Government that can command the confidence of Parliament.

The Prime Minister is the Head of Government, bearing before Crown and Parliament the chief obligation for the governance of the Kingdom, herein burdens themself with the following duties:

(1) Leadership. The Prime Minister shall lead the Government and preside over the Cabinet.
(2) Counsel. The Prime Minister shall serve as the principal advisor to the Monarch.
(3) Representation. The Prime Minister shall represent the Government before the Crown and Parliament, and the Kingdom abroad.

During any temporary absence or incapacity of the Prime Minister, the powers and duties of the office may be exercised by such Minister as the Prime Minister shall designate, or, failing such designation, as the Cabinet shall determine.

Upon a vacancy in the office of Prime Minister, the Monarch shall without undue delay appoint as successor the Member of Parliament who is most likely to command the confidence of Parliament.

13. Ministers of the Crown
The Monarch shall appoint Ministers upon the advice of the Prime Minister.
Unto every Minister is committed the charge of a Ministerial Portfolio, together with the care of those Public Officers, powers, and resources placed in their keeping.

A Minister herein burdens themself with the following duties:
(1) Leadership. A Minister shall lead and administer their Ministerial Portfolio, together with the Public Officers and resources entrusted thereto.
(2) Representation. A Minister shall represent the Government in all matters touching upon their Ministerial Portfolio and answer before Parliament for its administration.

14. Cabinet
The Cabinet is the principal council of the Government, wherein the Ministers of the Crown assembled in common counsel under the presidency of the Prime Minister, first among equals.
Within the Cabinet shall the Government deliberate upon those matters touching the peace, prosperity, security, and good governance of the Kingdom, and determine the general direction of the rule of the Realm.
The Cabinet shall be collectively answerable to Parliament for its decisions, which shall bind the Government and every Minister and Officer thereof.
Every Minister shall publicly uphold the decisions of the Cabinet or resign from office.
The deliberations and proceedings of the Cabinet shall remain confidential save as authorised by law.

15. Confidence
No Government may faithfully continue in office save with the confidence of Parliament, from which alone it derives the constitutional authority to govern in the Monarch's name.
The manner in which the confidence of Parliament is granted, maintained, or withdrawn shall be determined by parliamentary convention.
Wherein a Government should cease to command the confidence of Parliament, it shall resign or, where there be no other Member capable of commanding that confidence, advise the Monarch to dissolve Parliament.
A Government having resigned or lost the confidence of Parliament shall nevertheless continue in office until its successor is appointed, but shall thereafter govern only in a caretaker capacity and shall refrain from determining matters of major national policy save where necessity requires for the ordinary administration of the Kingdom.

16. Opposition
The Opposition shall consist of the Parliamentary Bloc having the greatest numerical strength in Parliament that does not form part of the Government.
Lest the Government govern without scrutiny or the confidence of Parliament be forgotten, the Opposition shall faithfully and with utmost loyalty to the Crown undertake the following duties:
(1) Scrutiny. The Opposition shall scrutinise the Government and hold it to account before Parliament.
(2) Alternative Government. The Opposition shall present an alternative course for the governance of the Kingdom and stand prepared to assume Government should it come to pass that it commands the confidence of Parliament.

The Leader of the Opposition shall be the Member of Parliament chosen by the Opposition to lead it.

PART IV - THE JUDICATURE
17. Judicial Power

The Judicature shall serve the Crown through the faithful, impartial, and independent interpretation of the laws codified and conventions customary of the Realm, that justice may be administered according to law and the Constitution faithfully upheld.

Judicial officers shall exercise their offices impartially and independently of political interest, and shall not, whilst holding judicial office, hold office in any political party nor engage in political advocacy.

18. Chancery

The Chancery is the High Court of the Realm, unto which is committed the solemn guardianship of the Constitution and the final administration of justice. Therein shall the Chancery hear matters of constitutional interpretation, disputed returns, and appeals from the Magistrates' Court.

The Chancery shall be constituted of three Chancellors, of which one shall be the Lord High Chancellor who shall preside over the affairs thereof.

19. Magistrates’ Court

The Magistrates' Court is the Lower Court of the Realm, before which shall first come all matters not reserved unto the Chancery.

Therein shall justice be administered according to the laws and customs of the Kingdom.

20. Judicial Terms

The Lord High Chancellor and the Chancellors shall hold office for life during good behaviour, and shall be appointed by the Monarch upon the advice of the Government, given with the consent of Parliament expressed by a Supermajority..

The Magistrates shall serve at the pleasure of the Lord High Chancellor.

No sitting Lord High Chancellor, Chancellor, or Magistrate shall stand as a candidate in any Parliamentary election, nor become or serve as a Member of Parliament. No Member of Parliament shall be appointed to judicial office whilst holding their seat.

Where Parliament has lost confidence in the continued service of the Lord High Chancellor or a Chancellor, it may, by successful Supermajority motion, present an Address to the Monarch requesting their removal from judicial office.

Upon the presentation of such an Address, the Government shall advise the Monarch to remove the judicial officer from office.

PART V - RIGHTS AND FREEDOMS
21. Rights of All Players

Know that the following rights and freedoms are hereby guaranteed unto every player within Alexandria, subject only to such reasonable limits as are consistent with the principles of freedom and justice:

1. The rights to dignity, liberty, and equality under the law.
2. The right to life.
3. The right to privacy.
4. The right to expression of dissent.
5. The right to the peaceful enjoyment of possessions.
6. The right to a fair and speedy trial presided over by an impartial judicial officer.
7. The right to appeal a charge.
8. The right to know the reason for their detention or the seizure of their property.
9. The right to peaceful assembly.
10. The freedom of thought, conscience, and religion.
11. The freedom of the press and of association.
12. The freedom from punishment save according to law.
13. The freedom from self-incrimination in a court of law or parliamentary proceeding.
14. The freedom from double jeopardy, Bills of attainder, and ex post facto laws and decrees.

22. Rights of Citizens

Furthermore, the following rights and freedoms are guaranteed unto every Subject of the Alexandrian Crown, subject only to such reasonable limits and requirements as Parliament may establish consistent with the principles of freedom and justice and for the efficient administration of fair democracy:

1. The right to participate in elections and hold Public Office.
2. The right to vote by secret ballot in free and fair elections and referenda.

PART VI - CONSTITUTIONAL AMENDMENTS

This Constitution shall endure as the supreme law of the Kingdom and shall not be amended save by Act of Parliament, passed by Supermajority in Parliament and receiving Popular Assent by Supermajority at public referendum.

Notwithstanding the ordinary effect of Popular Assent, a Bill for the amendment of this Constitution shall also be brought before the Monarch for Royal Assent.

Upon the consent of Parliament, the People, and the Crown being so given, the Monarch shall solemnly affirm the amendment, whereupon it shall be enrolled as part of this Constitution.

No Bill for the amendment of this Constitution shall contain any matter other than such amendment.

PART VII - CONVENTION

Convention shall stand as a binding constitutional principle and authority of the Realm, preserving those usages, customs, and understandings whereby the institutions of the Kingdom are faithfully governed where the written law is silent.

The political institutions of the Realm shall, in faithful observance of this Constitution, ordinarily uphold and enforce Convention upon themselves as is necessary and proper.

Within the bounds of law, the Judicature may recognise and uphold such Convention by reference to precedent.

PART VIII - STAFF RELATIONSHIP

Know that nothing contained within this Constitution shall be construed so as to bind, diminish, or otherwise restrain the authority of Staff to act as they deem necessary for the preservation, safeguarding, and good order of the Kingdom of Alexandria.

PART IX - KEY TERMS

23. Majority

A Majority means more than one-half of valid votes cast.

24. Supermajority

A Supermajority means no fewer than two-thirds of valid votes cast.

25. Popular Assent

Popular Assent is the constitutional assent of the People to a Bill, expressed by public referendum and binding upon the Crown-in-Parliament.

A Bill receiving Popular Assent shall be deemed to have received Royal Assent, shall take effect as an Act of Parliament, and shall not be withheld, delayed, or frustrated by any constitutional authority.

26. Crown-in-Parliament

The Crown-in-Parliament is the constitutional authority, comprising the Crown acting with Parliament, in which the legislative power of the Kingdom is vested.

27. Public Officer

A Public Officer means a person holding an office under the Crown.

28. Ministerial portfolio

Ministerial portfolio means an area of executive responsibility entrusted to a Minister.

29. Parliamentary bloc

Parliamentary bloc means one or more Members of Parliament acting as a single parliamentary unit.

3 - Appendices