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Constitutional Reform and Amendment Act, 1710

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Constitutional Reform and Amendment Act, 1710

Cortes Federales
Long title An Act to Enshrine and Expand Personal Freedoms and Liberties, as Well as Responsibilities, by Amending the Proclamation of Punta Santiago; Among Other Purposes.
Number B-003
Introduced by Deputy Maximinus Kerularios, Deputy from Alduria, (FHP)
Extent Federation of Nouvelle Alexandrie
Other legislation
Text of statute as originally enacted
Related legislation


Key provisions

Legislative history

Status Date Tabled By Vote Outcome
Introduced in the Federal Assembly 1710 AN Deputy Maximinus Kerularios
Debated in the Federal Assembly 1710 AN
Passed in the Federal Assembly 1710 AN
Debated in the Chamber of Peers 1710 AN
Passed in the Chamber of Peers 1710 AN
Royal Assent 1710 AN

Text as Introduced to the Federal Assembly, 1710 AN

NewAlexandriaCOA.png

CONSTITUTIONAL REFORM AND AMENDMENT ACT, 1710

Ordered, by the Cortes Federales of Nouvelle Alexandrie,
to be Printed, 1710 AN.

_______________________________

BE IT ENACTED by the King’s Most Excellent Majesty, by and with the advice and consent of the Cortes Federales, in this present 4th session assembled, and by the authority of the same, as follows:-

PART I
GENERAL PROVISIONS.

1. CITATION.

  1. This Act shall officially be cited as the “Constitutional Reform and Amendment Act, 1710.”
PART II
THE BILL OF RIGHTS, LIBERTIES, AND RESPONSIBILITIES.

2. GENERAL PROVISIONS FOR CHAPTER II, ON RIGHTS AND LIBERTIES.

  1. The following Article shall be added to the Proclamation of Punta Santiago, under Chapter II, as Article 8, with every subsequent article in the Proclamation of Punta Santiago renumbered accordingly, with the title of “Rights and Liberties”:
    1. “This Chapter, shall serve as the Bill of Rights, Liberties, and Responsibilities, and shall be a cornerstone of democracy and liberty in Nouvelle Alexandrie. It enshrines the rights of all people in the Federation and affirms the democratic values of human dignity, equality and freedom.
    2. “The state must respect, protect, promote and fulfil the rights in the Bill of Rights, Liberties, and Responsibilities.”
    3. “The rights in the Bill of Rights, Liberties, and Responsibilities are subject to the limitations contained in this Proclamation.”
    4. The Bill of Rights, Liberties, and Responsibilities applies to all law, and binds H.M. the King, the legislature, the executive, the judiciary, and all organs of federal, regional, and local government.”

3. RIGHT OF PEACEFUL, FREE ASSEMBLY AND ASSOCIATION.

  1. The following Article shall be added to the Proclamation of Punta Santiago, under Chapter II, as Article 20, with every subsequent article in the Proclamation of Punta Santiago renumbered accordingly, with the title of “Right of Peaceful, Free Assembly & Association”:
    1. “All citizens and legal residents shall enjoy the right of peaceful and free assembly and association with others.”
    2. “Every person has the right to organise meetings and to participate or not to participate in meetings.”
    3. “Every person has the right to form, join, or belong to an association and to participate in the activities of an association.”
    4. “No person may be compelled to join or to belong to an association.”
    5. “The law may establish reasonable restrictions in the interests of public order, public health, or in the case of a clear and present danger to national security or the integrity of the Federation.”


4. RIGHT TO FORM PROFESSIONAL ORGANIZATIONS.

  1. The following Article shall be added to the Proclamation of Punta Santiago, under Chapter II, as Article 21, with every subsequent article in the Proclamation of Punta Santiago renumbered accordingly, with the title of “Right to form Labor and Professional Organizations”:
    1. “Employees, employers, and their organisations have the right to join together in order to protect their interests, to form associations, guilds, or unions, and to join or not to join such associations.”
    2. “Every association, guild, union, or related organization as determined by the laws has the rights to:
      1. to determine its own administration, programmes, and activities;
      2. to organise; and
      3. to form and join a federation.”
  2. “Disputes must wherever possible be resolved through negotiation or mediation, with the law establishing regulations and provide for the governance of labor relations.”
  3. “Strikes and lockouts are permitted if they relate to employment relations and if they do not contravene any requirements to preserve peaceful employment relations or to conduct conciliation proceedings.”
  4. “The law shall prohibit certain categories of persons, occupations, or industries from taking strike action.”
  5. “Every union, guild, association, and employer has the right to engage in collective bargaining. The Cortes Generales shall determine regulations for collective bargaining.”

5. PROTECTION AGAINST EXPULSION, EXTRADITION FOR NEW ALEXANDRIAN CITIZENS.

  1. The following Article shall be added to the Proclamation of Punta Santiago, under Chapter II, as Article 22, with every subsequent article in the Proclamation of Punta Santiago renumbered accordingly, with the title of “Protection Against Expulsion and Extradition”:
    1. “Citizens of Nouvelle Alexandrie may not be expelled from Nouvelle Alexandrie and may only be extradited to a foreign authority with the consent of the government of Nouvelle Alexandrie, as expressed by the law and the treaties it has ratified.”
    2. “Refugees may not be deported or extradited to a country or state in which they will be persecuted or killed.”
    3. “No person may be deported to a country or state in which they face the threat of torture or any other form of cruel or inhumane treatment or punishment, as determined by the law.”


6. ECONOMIC RIGHTS.

  1. The following Article shall be added to the Proclamation of Punta Santiago, under Chapter II, as Article 23, with every subsequent article in the Proclamation of Punta Santiago renumbered accordingly, with the title of “Economic Rights”:
    1. “Economic freedom is guaranteed.”
    2. “Economic freedom includes in particular the freedom to choose an occupation as well as the freedom to pursue a private economic activity.”

7. RESPONSIBILITIES OF CITIZENS AND RESIDENTS OF NOUVELLE ALEXANDRIE.

  1. The following Article shall be added to the Proclamation of Punta Santiago, under Chapter II, as Article 24, with every subsequent article in the Proclamation of Punta Santiago renumbered accordingly, with the title of “Responsibilities of Citizens and Residents of Nouvelle Alexandrie”:
    1. “All individuals shall take responsibility for themselves, and are responsible to take part in the positive development, edification, defense, and security of the Federation and their local communities, according to their abilities.”

PART III
REFORM OF THE CORTES FEDERALES.

8. AMENDING THE CORTES FEDERALES ACT, 1694.

  1. The following amendments shall be made to the Cortes Federales Act, 1694:
    1. Add Part III, Article 3, Section 5 to the Cortes Federales Act, 1694 and renumber subsequent sections accordingly: “In matters of conflict or disagreement between the Federal Assembly and the Chamber of Peers on any proposed law, the resolution of the Federal Assembly shall always prevail. The Chamber of Peers shall consider and abide by the final decision made by the Federal Assembly.”
    2. Add Part III, Article 3, Section 8 to the Cortes Federales Act, 1694 and renumber subsequent sections accordingly: “In case of a tie in a joint sitting of the Cortes Federales, the voice of the Federal Assembly shall prevail.”
    3. Amend Part III, Article 3, Section 8 of the Cortes Federales Act, 1694 to read: "When a proposed law passed by both Chambers of the Cortes Federales is presented to H. M. the King for their assent, or a proposed law shall be passed by the Federal Assembly, but has not been acted upon in any form by the Chamber of Peers within (RL 7 days) of passage, the King shall declare, according to their discretion but subject to the law, that he assents or that he withholds assent."

9. PERMANENT DISSOLUTION OF THE CHAMBER OF PEERS.

  1. The following amendments shall be made to Chapter IV, Article 30 of the Proclamation of Punta Santiago:
    1. To Article 30, Section 1: “The Cortes Federales represent the people of Nouvelle Alexandrie and shall consist of:
      1. H.M. the King;
      2. the Federal Assembly.”
  2. To Article 30, Section 4: “The Federal Assembly shall establish its own Standing Orders, adopt its budget autonomously and regulate the laws for its personnel, employees, and contractors of the Cortes Federales.”
  3. The following amendments shall be made to Chapter IV, Article 31 of the Proclamation of Punta Santiago:
    1. Remove Section 2 from Article 31;
    2. To Article 31, Section 5: “No Deputy, during their term in office, may be arrested by any authority save by order of the Federal Assembly, except when arrested for murder, corruption, or other high crimes and misdemeanors, as determined by the law.”
    3. To Article 31, Section 6: “If a sentence is pronounced upon any Deputy, the judge, suspending all the subsequent procedure, shall report to the Federal Assembly, which shall decide whether the trial ought to continue and the member be or not be suspended from the exercise of their functions.”
    4. To Article 31, Section 7: “Deputies may be appointed to the Council of State, they may combine their two functions.”
    5. Remove Section 8 from Article 31.
  4. With the removal of all references to the Chamber of Peers from the Proclamation of Punta Santiago, the Chamber of Peers is hereby permanently dissolved.
  5. Peers of the Realm retain their honors, privileges, and titles otherwise, and may still be addressed as Peers of the Realm.
  6. The offices relating to the Chamber of Peers shall be dissolved, with the exception of those related to the Lord Protector of the Cortes Federales, as provided by the Cortes Federales Act, 1694.

10. AMENDING THE CORTES FEDERALES ACT, 1694.

  1. The following amendments shall be made to the Cortes Federales Act, 1694:
    1. To Part I, Article 3, Section 2: “Meetings of members of the Cortes Federales which are held without having been called in the adequate and proper statutory manners, shall not be binding and members may not exercise their functions nor enjoy their privileges.”
    2. To Part I, Article 8, Section 9: “The Lord Protector of the Cortes Federales shall organize access to and the maintenance of order within the Cortes Federales and its environs, in coordination and close consultation with the Speaker of the Federal Assembly.”
    3. To Part I, Article 8, Section 10: “Further provisions, powers, and responsibilities for the Lord Protector of the Cortes Federales may be provided by Royal Decree or Act of the Cortes Federales”
    4. To Part I, Article 8, Section 15: “The Lord Protector of the Cortes Federales shall issue admission tickets to the Cortes Federales building and facilities, as provided by the law.”
    5. To Part I, Article 8, Section 16: “If it is deemed necessary for maintaining order, the Lord Protector of the Cortes Federales may restrict the number of audience members admitted to the audience galleries and public facilities of the Cortes Federales.”
    6. To Part III, Article 3, Section 8: “When a proposed law is passed by the Federal Assembly and is presented to H.M the King for assent, the King shall declare, according to their discretion but subject to the law, that he assents or withholds assent.
    7. To Part III, Article 3, Section 9: “H. M. the King may return to the Federl Assembly any proposed law so presented to them, and may transmit therewith any amendments which he may recommend, and the Chambers may deal with the recommendations.”
    8. All instances that mention the Chamber of Peers or the Lord President of the Chamber of Peers in the Act shall be removed from the Act.
    9. In Part III, Article 10, sections 1 through 7 shall be removed from the Act.
    10. Parts IV and VII are removed from the Act.
PART IV
CLOSING PROVISIONS.

11. COMMENCEMENT AND SEVERALTY.

  1. This Bill shall apply to all of the Federation of Nouvelle Alexandrie.
  2. This Bill shall not become law unless it has been given Royal Assent.
  3. In the event any provision or part of this Bill is found to be invalid or unenforceable, only that particular provision or part so found, and not the entire Bill, will be inoperative.

Text as Amended and Passed by the Federal Assembly, 1710 AN

NewAlexandriaCOA.png

CONSTITUTIONAL REFORM AND AMENDMENT ACT, 1710

Ordered, by the Cortes Federales of Nouvelle Alexandrie,
to be Printed, 1710 AN.

_______________________________

BE IT ENACTED by the King’s Most Excellent Majesty, by and with the advice and consent of the Cortes Federales, in this present 4th session assembled, and by the authority of the same, as follows:-

PART I
GENERAL PROVISIONS.

1. CITATION.

  1. This Act shall officially be cited as the “Constitutional Reform and Amendment Act, 1710.”
PART II
THE BILL OF RIGHTS, LIBERTIES, AND RESPONSIBILITIES.

2. GENERAL PROVISIONS FOR CHAPTER II, ON RIGHTS AND LIBERTIES.

  1. The following Article shall be added to the Proclamation of Punta Santiago, under Chapter II, as Article 8, with every subsequent article in the Proclamation of Punta Santiago renumbered accordingly, with the title of “Rights and Liberties”:
    1. “This Chapter, shall serve as the Bill of Rights, Liberties, and Responsibilities, and shall be a cornerstone of democracy and liberty in Nouvelle Alexandrie. It enshrines the rights of all people in the Federation and affirms the democratic values of human dignity, equality and freedom.
    2. “The state must respect, protect, promote and fulfil the rights in the Bill of Rights, Liberties, and Responsibilities.”
    3. “The rights in the Bill of Rights, Liberties, and Responsibilities are subject to the limitations contained in this Proclamation.”
    4. The Bill of Rights, Liberties, and Responsibilities applies to all law, and binds H.M. the King, the legislature, the executive, the judiciary, and all organs of federal, regional, and local government.”

3. RIGHT OF PEACEFUL, FREE ASSEMBLY AND ASSOCIATION.

  1. The following Article shall be added to the Proclamation of Punta Santiago, under Chapter II, as Article 20, with every subsequent article in the Proclamation of Punta Santiago renumbered accordingly, with the title of “Right of Peaceful, Free Assembly & Association”:
    1. “All citizens and legal residents shall enjoy the right of peaceful and free assembly and association with others.”
    2. “Every person has the right to organise meetings and to participate or not to participate in meetings.”
    3. “Every person has the right to form, join, or belong to an association and to participate in the activities of an association.”
    4. “No person may be compelled to join or to belong to an association.”
    5. “The law may establish reasonable restrictions in the interests of public order, public health, or in the case of a clear and present danger to national security or the integrity of the Federation.”


4. RIGHT TO FORM PROFESSIONAL ORGANIZATIONS.

  1. The following Article shall be added to the Proclamation of Punta Santiago, under Chapter II, as Article 21, with every subsequent article in the Proclamation of Punta Santiago renumbered accordingly, with the title of “Right to form Labor and Professional Organizations”:
    1. “Employees, employers, and their organisations have the right to join together in order to protect their interests, to form associations, guilds, or unions, and to join or not to join such associations.”
    2. “Every association, guild, union, or related organization as determined by the laws has the rights to:
      1. to determine its own administration, programmes, and activities;
      2. to organise; and
      3. to form and join a federation.”
  2. “Disputes must wherever possible be resolved through negotiation or mediation, with the law establishing regulations and provide for the governance of labor relations.”
  3. “Strikes and lockouts are permitted if they relate to employment relations and if they do not contravene any requirements to preserve peaceful employment relations or to conduct conciliation proceedings.”
  4. “The law shall prohibit certain categories of persons, occupations, or industries from taking strike action.”
  5. “Every union, guild, association, and employer has the right to engage in collective bargaining. The Cortes Generales shall determine regulations for collective bargaining.”

5. PROTECTION AGAINST EXPULSION, EXTRADITION FOR NEW ALEXANDRIAN CITIZENS.

  1. The following Article shall be added to the Proclamation of Punta Santiago, under Chapter II, as Article 22, with every subsequent article in the Proclamation of Punta Santiago renumbered accordingly, with the title of “Protection Against Expulsion and Extradition”:
    1. “Citizens of Nouvelle Alexandrie may not be expelled from Nouvelle Alexandrie and may only be extradited to a foreign authority with the consent of the government of Nouvelle Alexandrie, as expressed by the law and the treaties it has ratified.”
    2. “Refugees may not be deported or extradited to a country or state in which they will be persecuted or killed.”
    3. “No person may be deported to a country or state in which they face the threat of torture or any other form of cruel or inhumane treatment or punishment, as determined by the law.”


6. ECONOMIC RIGHTS.

  1. The following Article shall be added to the Proclamation of Punta Santiago, under Chapter II, as Article 23, with every subsequent article in the Proclamation of Punta Santiago renumbered accordingly, with the title of “Economic Rights”:
    1. “Economic freedom is guaranteed.”
    2. “Economic freedom includes in particular the freedom to choose an occupation as well as the freedom to pursue a private economic activity.”

7. RESPONSIBILITIES OF CITIZENS AND RESIDENTS OF NOUVELLE ALEXANDRIE.

  1. The following Article shall be added to the Proclamation of Punta Santiago, under Chapter II, as Article 24, with every subsequent article in the Proclamation of Punta Santiago renumbered accordingly, with the title of “Responsibilities of Citizens and Residents of Nouvelle Alexandrie”:
    1. “All individuals shall take responsibility for themselves, and are responsible to take part in the positive development, edification, defense, and security of the Federation and their local communities, according to their abilities.”

PART III
REFORM OF THE CORTES FEDERALES.

8. AMENDING THE CORTES FEDERALES ACT, 1694.

  1. The following amendments shall be made to the Cortes Federales Act, 1694:
    1. Add Part III, Article 3, Section 5 to the Cortes Federales Act, 1694 and renumber subsequent sections accordingly: “In matters of conflict or disagreement between the Federal Assembly and the Chamber of Peers on any proposed law, the resolution of the Federal Assembly shall always prevail. The Chamber of Peers shall consider and abide by the final decision made by the Federal Assembly.”
    2. Add Part III, Article 3, Section 8 to the Cortes Federales Act, 1694 and renumber subsequent sections accordingly: “In case of a tie in a joint sitting of the Cortes Federales, the voice of the Federal Assembly shall prevail.”
    3. Amend Part III, Article 3, Section 8 of the Cortes Federales Act, 1694 to read: "When a proposed law passed by both Chambers of the Cortes Federales is presented to H. M. the King for their assent, or a proposed law shall be passed by the Federal Assembly, but has not been acted upon in any form by the Chamber of Peers within (RL 7 days) of passage, the King shall declare, according to their discretion but subject to the law, that he assents or that he withholds assent."
PART IV
CLOSING PROVISIONS.

9. COMMENCEMENT AND SEVERALTY.

  1. This Bill shall apply to all of the Federation of Nouvelle Alexandrie.
  2. This Bill shall not become law unless it has been given Royal Assent.
  3. In the event any provision or part of this Bill is found to be invalid or unenforceable, only that particular provision or part so found, and not the entire Bill, will be inoperative.
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