Constitution of Phinbella/Constitution of Phinbella 2023

Bismillahirahmanirrahim,

We, the Phinbellans, with a glorious tradition and history since time immemorial, follow an unwavering spirit of independence, as shown in the establishment of the Federal Republic of Phinbella in the course of the Phinbella sovereignty movement and the cause of the Provisional Government of Phinbella in 2600,

Currently involved in rebuilding a democratic and independent country, determined:

To consolidate national unity with justice, humanity, brotherly love and the elimination of all kinds of social evils,

To offer equal opportunities to everyone,

To provide for the full development of equal individual equality in all areas of political, economic, social and cultural life,

And to allow everyone to fulfill his duty and responsibility through work and extortion and,

Under the banners:

JUSTICE, social, economic and political;

FREEDOM of thought, expression, belief, faith and worship;

EQUALITY of status and opportunity; and to promote among them all a BROTHERHOOD guaranteeing the dignity of the individual and the unity [and integrity] of the Nation;

Resolved to promote the welfare of the people, to maintain perpetual international peace, to abolish all aggression, despotism and poverty, and thereby to secure the Safety, Liberty and Happiness of ourselves and our posterity,

Do hereby amend, through a national referendum following a resolution by the Federal Legislative Assembly, the Constitution, which was consecrated and established on July 12, 2615, and amended for the first time thereafter.

TBA, 2619

The Phinbellans, Taemhwanians, and Niueians, as citizens of the federal entities (together with Others), and Phinbellans hereby determine that the Constitution of Phinbella is as follows:

FIRST CHAPTER - General Provisions

Article 1

1. The Federal Republic of Phinbella, shall be a union of states with a democratic republic system.
2. The Federal Republic of Phinbella declares itself to be a democratic, secular, legal and social state whose highest value is the individual, life, rights and freedom.
3. The basic principles of the activities of the Federal Republic are public harmony and political stability; economic development for the benefit of all countries; Phinbellan patriotism and the resolution of the most important issues in national affairs through democratic methods including voting in national referendums or in Parliament.

Article 2

The sovereignty of the Federal Republic of Phinbellan within the Phineonesian Confederation (or the Confederation of the Phineonesian Nations) shall rest with the people as a whole. All state authorities must originate from the people.

Article 3

The requirements for Phinbellan citizenship shall be determined by law through the Phinbella nationality law.

Article 4

1. The people should be the only source of national power.
2. The people must exercise power directly through national referendums and free elections and delegate the exercise of their power to national institutions.
3. No one is entitled to proper authority in the Federal Republic of Phinbella. Separation of powers should be enforced by law. The right to act on behalf of the people and the country belongs to the President and also the Parliament of the Republic within the limits of constitutional authority. The government and other state bodies must act on behalf of the state only within the limits of their delegated powers.
4. State power in the Federal Republic of Phinbella is consolidated and exercised based on the Constitution and laws in accordance with the principles of its division into legislative, executive and judicial branches and a system of checks and balances that govern their interaction.

Article 5

The territory of the Federal Republic of Phinbella shall consist of part of the Cyber-Island Chain and part of the Skerry Islands, and the additional islands either in the Captive Sea or in the surrounding seas, it includes special administrative territories and dependent territories outside the area.

Article 6

1. The Federal Republic of Phinbella shall be divided into three administrative divisions which are federal entities, special administrative territories and dependent territories.
2. The Federal Republic of Phinbella shall have three entities namely the Federation of Phinbella (known as the Free area of the Federation), the Republic of Oriental Hispanioeire Taemhwan and the State of Niue i Taman Lawang (hereinafter "Entities").

Article 7

1. All ethnic groups in the Federal Republic of Phinbella belonging to the Phinbellans, Taemhwanians and Niueians are the same. The state must protect the rights and legitimate interests of all ethnic minorities and uphold and promote relations of equality, unity, mutual help and harmony between all ethnic groups. Discrimination against and oppression of any ethnic group is prohibited, even if their culture conflicts with the religion of the ethnic majority; any act that affects the unity of ethnic groups or creates division among them is prohibited.
2. The State shall, based on the characteristics and needs of all ethnic minorities, assist all ethnic minority areas in accelerating their economic and cultural development.
3. All ethnic groups should have the freedom to use and develop their own spoken and written languages and to preserve or renew their own traditions and customs.

Article 8

The Federal Republic of Phinbella shall guarantee the freedom and equality and initiative of every individual in the field of political, social and economic life throughout Phinbella. It shall be responsible for their protection and adjustment to advance the public welfare. Phinbella and the Entities will not impede the full freedom of movement of people, goods, services and capital throughout Phinbella. The three Entities cannot establish control at the border between Entities.

Article 9

1. The Federal Republic of Phinbella will denounce all aggressive wars. The mission of the national military is to perform the sacred duty of protecting the national territory.
2. Each entity has its own military to be assigned to keep peace in those entities, the militaries of those entities must be part of the national military.

Article 10

Duly ratified and published treaties and generally recognized rules of international law are valid as binding constituent parts of Phinbellan law. The status of foreigners must be guaranteed within the scope of international law and international agreements.

Article 11

The Federal Republic of Phinbella shall have its state symbols - flag, coat of arms and national anthem. The description and order of their official use shall be determined by constitutional law.

Article 12

1. This Constitution is the supreme law of the Federation and any law passed after Phinbellan National Day which conflicts with this Constitution shall, to the extent of such inconsistency, be void.
2. The validity of any law shall not be questioned on the ground that -
   • (a) it imposes restrictions on the rights referred to in Article xx (2) but does not relate to the matters referred to therein; or
   • (b) it imposes any restriction as mentioned in Article xx (2) but such restriction is not considered necessary or expedient by Parliament for the purposes mentioned in that Article.
3. The validity of any law made by the Parliament or Legislature of any Territory of the Federated States in the Federation (or Taemhwanian district of the province) cannot be questioned on the grounds that it makes provision in respect of any matter which Parliament or, as the case may be, the Territorial or Provincial Legislature has no power to make laws, except in proceedings for a declaration that the law is invalid on that ground or -
4. if the law is made by Parliament, in proceedings between the Federation and one or more States;
5. if the law is made by the Legislature of a Territory of the Federated States or Taemhwanian Provinces, in proceedings between the Federation and the Territories of the Federated States or Taemhwanian Provinces.
6. Proceedings for a declaration that a law is invalid on the grounds mentioned in Clause (3) (not proceedings falling within paragraphs of Clause (a) or (b)) shall not be commenced without the permission of a judge of the Supreme Court.; and the Federation is entitled to be a party to any such proceedings, and likewise any Territory of the Federated States or Taemhwanian Provinces that will or may be a party to proceedings brought for the same purpose under paragraph Clause (a) or (b)).