Provisional Constitution of Australis
The Provisional Constitution of Australis is the supreme law of Australis during the voyage to find a new home. This document delineates the frame of the government during this time.
Original frame
The title of this document is The Provisional Constitution of Australis and consists of a preamble, 5 articles, and a signed closing endorsement.
Preamble
The preamble clause of the provisional constitution proclaims the right to total sovereignty of the citizens of Australis. This clause is an important introduction to the constitution, as it sets the mood for the people-centric government laid out in the rest of the document.
Article I
Article I of the constitution establishes the powers of the people. Its symbolic meaning as the first article relates to the importance of the people to govern themselves for the benefit of all. In it, several powers are enumerated:
- Voting Power: The natural right of the citizenry to directly vote on all decrees with universal suffrage.
- Veto Power: The power of the citizenry to veto bills via a 67% majority vote. The veto can be invoked once per decree during the 3-day period between a decree being announced, and a decree being made binding law.
- Constitutional Amendment Power: The power to amend the constitution via a 3/4 majority vote of the citizenry, with the express approval of the Provisional King.
- Referendum Power: The power of the citizenry to invoke a non-binding referendum vote on any matter, which the Provisional King is required to consider seriously.
These powers are given to the citizenry at large in order to incentivize participation in the civil process and give the public an opportunity to respond, both proactively and retroactively, to the Provisional King's actions.
Article II
Article II of the constitution establishes the powers of the Provisional King.
The first clause vests the power of the Provisional King in Sven, who is the leader and founder of the Australis group. The Provisional King shall have the power to create decrees, which become binding law three days after being made publicly available to the citizens. All decrees must be written and recorded, in order for the Provisional Council to determine their constitutionality. Decrees that are unconstitutional are considered null and void and cannot be enforced. Decrees cannot change the Provisional Constitution. The Provisional King shall have the ability to delegate executive powers as necessary.
Article III
Article III of the constitution establishes the powers of the judiciary.
The first clause vests the power of the judiciary in the Provisional Council of Australis. This section defines the number of seats to be five. Three seats are to be filled via direct democracy by the citizenry, and two seats are to be filled by direct appointment of the Provisional King. The Provisional King cannot be appointed to the Provisional Council.
The final clause clarifies that the council's authority passes over all decrees arising under the Provisional Constitution of Australis and any treaties made under the authority of the constitution.
Article IV
Article IV of the constitution establishes additional guaranteed natural rights of all people that cannot be infringed upon.
Protected fundamental rights are enumerated as such:
- The right to live in good health.
- The right to adequate employment.
- The right to an adequate access to food, water, decent shelter, and recreation.
- The right to education and free access to knowledge.
- The right to be free from discrimination on the basis of race, sex, sexual orientation, gender identity, current biological status, religion, national origin, ability, age, income, wealth, genetic information, and bending status.
It also includes the Equal Protection clause, which prevents the government from denying any person within its jurisdiction the equal protection under the law.
This article also defines citizenship as all those who voluntarily elect to become a citizen of Australis upon delivering a written intention to become citizen to the Provisional King. In addition, any entity that signs or endorses this constitution is immediately given citizenship. Citizenship cannot be removed, except by decree of the Provisional King.
Article V
Article V of the constitution establishes the process through which the Provisional Constitution may be replaced.
Upon decree of the Provisional King, a Constitutional Convention shall be held in which all of the citizens of Australis are encouraged to participate, under which a new permanent constitution shall be written to entirely replace the Provisional Constitution of Australis.
Closing endorsement
The closing endorsement does not contain any functions or delegate any powers, and simply serves as authentication that the provisional constitution is valid and law.
Judicial review
TODO