Part One – State and Nation

(1) Democracy

(a) Outremer is a free, independent and democratic state, known as the ‘Kingdom of Outremer’.

(b) The sovereign power is vested in the people and is exercised in accordance with this Constitution.

(c) The people participate in government directly by means of referendums and indirectly through a National Assembly and local councils elected by universal suffrage in regular, free and fair elections.

(2) Citizenship and Suffrage

(a) All persons who were domiciled in the territory of the Kingdom of Outremer at the time of the promulgation of this Constitution shall be citizens of Outremer, regardless of religion, language or ethnicity.

(b) Thereafter the acquisition of citizenship by birth, marriage or naturalisation shall be determined by law but no law shall discriminate between persons on grounds of religion, language or ethnicity.

(c) The loss of citizenship shall also be regulated by law, but no person may be deprived of his or her citizenship, except by a deliberate and voluntary act of renunciation.

(d) Dual citizenship with other countries may be permitted by law or by treaty.

(e) Every citizen who is at least 18 years of age shall have the right of voting in elections to the National Assembly and local councils, and referendums; provided, that this right may be restricted by law in the case of persons: (i) serving a custodial sentence of not less than twelve months’ duration for a serious criminal offence or (ii) under legal guardianship because of severe mental incapacity.

(3) Territory

(a) The territory of the Kingdom includes Jerusalem itself, the Principality of Antioch, the County of Tripoli, and the County of Edessa, as well as its territorial seas in accordance with international law.

(b) The capital city of the Kingdom is the City of Jerusalem.

(4) Languages

The French language is the official language of the Kingdom. Nevertheless, the right of citizens who speak recognised minority languages to use those languages in the National Assembly and before the Courts and the administrative authorities, to obtain official publications and communications in those languages, and to receive public education in those languages, shall be guaranteed.

(5) Religion

The Kingdom of Outremer recognises the status of the Holy Roman Catholic and Apostolic Church as the religion of the majority of the people and acknowledges its special role in the social and cultural life of the Nation, without prejudice, however, to the equal rights of all citizens and the guarantees of freedom of religion contained in Articles 7 and 8.

(6) National Symbols

(a) The national flag of the Kingdom of Outremer is a red banner with a gold Jerusalem cross.

(b) The national anthem of the Kingdom shall be determined by law.

Part Two – Fundamental Rights

(7) Equality before the Law

(a) All citizens are equal before the law and equal in their civil, legal and political rights.

(b) There shall be no discrimination on grounds of gender, ethnicity, religion or language.

(8) Freedom of Religion

(a) All citizens have freedom of belief, thought and conscience.

(b) All citizens shall enjoy freedom of worship and practice, subject only to such restrictions as may be imposed by law and are reasonable in a free society for the preservation of public order, the protection of the rights of others, and protection of public health and morality.

(c) Religious communities shall have the right, in accordance with their own canons and regulations, to freely select their own leaders and representatives, and to freely hold their synods and councils.

(d) Religious communities shall have the right to establish and maintain their own places of worship, seminaries and monasteries, as well as their own religious charitable and educational institutions.

(e) No person shall be compelled against his or her will to belong to or to support any religion.

(9) Personal Liberty

(a) The State shall not violate the person or the liberty of the individual, nor shall any individual be deprived of personal liberty save by due process of law.

(b) No citizen shall be arrested detained in custody longer than 24 hours before being brought before a court of law in order for the lawfulness of the arrest or detention to be ascertained.

(10) Property Rights

(a) No person shall be deprived of their property by expropriation or confiscation; but this shall not be construed as preventing the levying of taxes nor the imposition of fees or fines according to law.

(b) Private property may be compulsorily purchased for the public use only by or in accordance with the law, and always in such cases the owner shall receive prior compensation at full market value.

(11) Prohibition of Slavery

(a) All forms of slavery, including indentured servitude and debt-bondage, are forever prohibited.

(b) No person shall be forced to engage in any work, paid or unpaid, against his or her free consent.

(12) Freedom of Expression

(a) All citizens shall have the right of freedom of expression and of dissemination of opinion by speech, by writing, and by all visual and auditory media, and the right of free access to information from generally available sources.

(b) This right may be limited only by law, and only to the extent necessary in a free society to prevent civil disorder or incitement to violence, for the protection of public morals, or for the regulation of commercial advertising or commercial broadcasting.

(13) Freedom of Assembly and Association

(a) All citizens shall have the right of peaceable assembly and demonstration, subject only to such reasonable laws as may be necessary in a free society on the grounds of public order and safety.

(b) All citizens shall have the right to form and to join associations, including trade unions, political parties, campaigning organisations, charitable associations, and all other forms of society, provided that the aims of such associations are not contrary to public order and that their activities are lawful.

(14) Freedom of Information

(a) Citizens shall have the right of access to all information held on or about them by any public authority or corporate body operating in the Kingdom.

(b) There shall be a general right of access to information on all matters relating to the administration, except where this right is necessarily limited by law on grounds of military or diplomatic secrecy, judicial due process, or personal confidentiality.

(15) Privacy Rights

(a) The home shall not be violated. Searches may be ordered only by a judge or, in the event of danger in delay, by other agents as provided by law, and may be carried out only in the form and manner prescribed by law.

(b) The right of the people to be secure in their persons, premises, papers, and effects, against searches and seizures, shall not be violated, except on a warrant issued by a judge.

(c) Secrecy of the mail and telecommunications shall be inviolable. Restrictions on grounds of national security or to prevent or detect crime may be ordered only by law, and only on the authority of a warrant issued by a judge.

(16) Freedom of Movement

(a) Every citizen has the right of freedom of movement within the country and right to leave the country at any time.

(b) This right may be restricted by law only to the extent necessary in a free society on grounds of national security, public safety or public health, or to enforce the conditions of bail or parole.

(17) Right to Fair Trial

(a) Every citizen when charged with a breach of the law shall be presumed innocent until his or her guilt has been proven in a court of law.

(b) Everyone has the right to a fair trial, including adequate opportunities for the preparation of a defence, the right to legal representation, and the right of confidential access to legal advisors.

(c) Trials shall be conducted in public, except if the court decides, on grounds of specified by law, that the public must be excluded from all or part of proceedings on grounds of national security or in the interests of justice.

(d) The trial of every person who has been charged and detained in prison, or remanded on bail, must be completed within a period of 110 days from the day on which he or she was committed, except, as heretofore, in case of emergency.

(e) Everyone charged with a criminal offence which carries a maximum sentence of imprisonment for more than ninety days shall have the right to trial by jury. Juries shall be selected by random lot from the citizens in the manner prescribed by law.

(18) Prohibition of Torture and Capital Punishment

(a) All forms of torture, and all cruel and usual punishments, are forbidden.

(b) Convicts, regardless of the severity of their offence, shall be treated with decency.

(c) The penalty of death is abolished and may not be reintroduced.

(19) Restrictions on Military

(a) The defence of the territory of the nation, its institutions and general safety, is the duty of every citizen, but no citizen shall bear arms unless called upon and authorised to do so by laws enacted by the National Assembly.

(b) No citizen shall be compelled against his conscience to render service to the State involving the use of force of arms. Exemption from such service shall be regulated by law.

(c) No-one shall be subject to military courts, except members of the armed forces on active service.

(20) Rights of Non-Citizens and Legal Persons

(a) Unless otherwise determined by an Act of the National Assembly, non-citizens resident in the Kingdom or subject to the jurisdiction thereof shall have the same rights as citizens under this Constitution, except for the right of suffrage and eligibility for office; and, in all cases, the rights guaranteed by Articles 8, 9, 10, 11, 12, 17 and 18 shall extend to all natural persons in the Kingdom regardless of status.

(b) The rights guaranteed by this constitution are applicable only to natural persons; and the rights and duties of corporations and other ‘legal persons’ shall be determined by, or according to, the law.

(21) Restriction of Rights in State of Emergency

(a) In event of war, invasion, disaster or unrest, or other grave public emergency threatening the peace and safety of the Kingdom, or the security of its citizens, the Head of State, acting on the advice of the Prime Minister, may declare a state of emergency in part or all of the Kingdom.

(b) The declaration of a state of emergency shall be presented to the National Assembly for approval within ten days; if the National Assembly is not in session, it shall be summoned immediately for this purpose. If a resolution approving the state of emergency is not approved by a two-thirds majority vote of the National Assembly within the said period of ten days the state of emergency shall cease to be in effect at the expiration of that period.

(c) A state of emergency, if approved by the National Assembly, shall continue for up to ninety days from the date on which it is proclaimed. It may be extended or renewed for further periods of up to 90 days, if circumstances so require, by means of a resolution of the National Assembly passed by a three-fourths majority of its members.

(d) During a state of emergency the Executive Council shall have the authority to issue ordinances having the force of law. Such ordinances may place additional restrictions on freedom of assembly, movement and personal liberty, but only to the extent necessary to deal with the emergency.

(e) All ordinances under this Article shall be subject to judicial review by the Supreme Court on the grounds that they are unconstitutional, excessively burdensome or oppressive, or disproportionate.

(f) All ordinances under this Article shall lapse at the expiration of the state of emergency.

(g) During a state of emergency the National Assembly shall remain in continuous session.

Part Three – Social, Economic and Cultural Principles

(22) Economic Provisions

(a) The State shall regulate economic activities by law in order to promote the common good.

(b) The extent of individual and corporate ownership of land and natural resources may be limited by law in order to ensure that the land and natural resources of the nation are developed and utilized for the common good, having regard to the interests of local communities and the environment.

(c) Monopolies, vital public services and utilities, and other industrial and financial enterprises of national importance, may be brought into public ownership and managed for the common good.

(23) Workers’ Rights

(a) The State has a duty to protect the rights, health and safety of workers.

(b) The State provide by law for the recognition of trade unions, artisan guilds, professional associations and co-operatives, and for the right of collective bargaining and co-determination.

(c) The State shall likewise provide by law for the right to a decent minimum wage, and for days of rest and public holidays, in order to protect the health and well-being of workers and their families.

(24) Social Security and Healthcare

The State has a duty to promote the general well-being of the people, to provide for the poor, orphans, widows, and the disabled, and, in particular, to establish a comprehensive system of old-age and widows’ pensions, maternity and family allowances, unemployment insurance, injury and sickness insurance, and universal public medical services, in the manner determined by law.

(25) Public Education

The State has a duty to promote the educational and cultural development of the nation, and in particular to provide for universal public education according to law.

(26) The Family

The State shall protect the basic natural institution of society of which the chief are marriage and the family.

(27) Cultural Heritage

The State shall safeguard the cultural heritage and patrimony of the nation and may initiate such measures as are within its power to foster the arts and to promote the full cultural life of the people.

(28) Enforcement

(a) The principles expressed in Articles 22 to 27 are fundamental to the governance of the Kingdom and it shall be the duty of the Executive Council and of the National Assembly to give effect to them by administrative and legislative action, but the said principles shall not be directly justiciable, except to the extent that they are rendered justiciable by law.

(b) A Minister, on introducing a bill concerning social, economic or cultural affairs, must make a statement to the National Assembly to the effect that the bill is compatible with these principles.

(c) The National Assembly shall establish an all-party committee to monitor the implementation of these principles and to review all proposed legislation for compatibility with these principles.

Part Four – The Head of State

(29) Functions of Head of State

(a) The Head of State is a symbol of the integrity of the nation and the unity of the people. He or she performs only such civic, ceremonial and constitutional acts as are provided for in this Constitution.

(b) Except as otherwise provided by this Constitution, the powers, functions and duties of the Head of State shall be exercised on the advice of the Executive Council, and shall be authorised by the counter-signature of the Prime Minister or of a responsible Minister acting under the general authority of the Executive Council.

(c) Where by this Constitution the Head of State is required to act on the advice of the Presiding Officer of the National Assembly, or any other person or authority, the Head of State shall act on such advice, and the person or authority tendering such advice shall be responsible therefor.

(30) Hereditary Succession

(a) The office of Head of State shall be vested in the King (or Queen, if Queen Regnant) of Outremer, whose crown shall be hereditary under the laws of succession enacted by the National Assembly.

(b) The National Assembly may by law provide for the exclusion of any person from the order of succession on the grounds of incapacity or gross misconduct.

(c) The National Assembly shall provide by law for the appointment of a Regent during the minority of the King, or during the King’s inability to perform his duties, or his absence from the kingdom.

(d) If there is no eligible successor the National Assembly may by law appoint a King and settle the succession to the Crown.

(e) Neither the King nor the heir-apparent may marry without the consent of the Cabinet. A marriage contracted without such consent shall exclude the descendants of that marriage from the succession.

(31) Coronation Oath

The Head of State, on coronation, shall take the following oath in the presence of the National Assembly: “I, being crowned King (or Queen) of Outremer by the authority of the Constitution and on behalf of the sovereign people do hereby solemnly promise to uphold and defend the Constitution of the Kingdom of Outremer, and to perform my public duties as Head of State in accordance with the said, Constitution, for the common good of the res publica and all its citizens, without fear or favour. So help me God.”

(32) Foreign Affairs and Defence

(a) The Head of State, acting on the advice of the Executive Council, shall appoint ambassadors, grant credentials to the diplomatic representatives of the Kingdom, receive the credentials of the official representatives of other states and international organisations, and ratify treaties; provided, that no treaty shall be ratified unless it has been approved by an absolute majority of the National Assembly.

(b) The Head of State, acting on the advice of the Executive Council, shall be commander-in-chief of the armed forces, shall commission officers according to law, and shall declare war; provided, that no war may be declared, nor any armed force deployed outside the Kingdom on active service, unless the declaration of war or deployment is approved by an absolute majority of the National Assembly.

(33) Civic Honours

(a) The Head of State, acting on the advice of the Executive Council, may award civic honours for distinguished and meritorious public service, for acts of courage, charity or compassion, and for advancements in science or culture.

(b) The National Assembly may by law determine various grades and classes of honours, the qualifications of eligible recipients, and the conditions under which they may be awarded.

(c) No honours may be awarded for party-political services, nor in return for any political donation.

(d) No hereditary titles or privileges of nobility shall be recognised other than those of Princes and Princesses of the blood royal within the immediate succession.

(34) Royal Family and Household

(a) The King shall receive payments from the treasury, as provided by law, for the upkeep of the Royal Family and Household, and to defray the costs of official travel and public engagements.

(b) The accounts of the Royal Household shall be submitted annually to the National Assembly.

(c) The King may appoint his own Household staff, subject to any provisions prescribed by law.

(d) No property can be given to, or received by, the Royal House, nor can any gifts be made therefrom, without the authorization of the National Assembly.

(35) Head of State to be Informed

The Prime Minister shall keep the Head of State informed on matters of state, especially on matters concerning foreign and diplomatic affairs, and shall provide the Head of State with such information on official matters as the Head of State may request.

Part Five – The Executive

(36) Executive Council

(a) Executive power shall be vested in the Executive Council.

(b) In addition to any powers vested in the Executive Council by law, the Executive Council shall have the authority: (i) to determine the general policy of the kingdom; (ii) to administer and direct the civil service, armed forces, and diplomatic corps, in accordance with this Constitution and the law; (iii) to enact Orders-in-Council to execute and implement the Constitution and the law; (iv) to prepare the budget and present it to the National Assembly, and manage public finances according to law; (v) to propose such legislation and other measures to the National Assembly as it may deem necessary or expedient for the public good; and (vi) to exercise any other power formerly vested in the Crown, the exercise of which is not by this Constitution or by law transferred to another institution, or abolished.

(37) Composition

(a) The Executive Council shall consist of: (i) the Prime Minister, (ii) the Deputy Prime Minister, and (iii) such Ministers of State as may be required to direct the administrative departments of the State. (b) The total number of members of the Executive Council shall not at any time exceed twenty-five.

(38) Leadership

(a) The Prime Minister shall summon and preside over the Executive Council, shall determine its order of business and procedure, and shall ensure the faithful implementation of its decisions.

(b) In the absence or incapacity of the Prime Minister, the Deputy Prime Minister shall preside.

(39) Election and Appointment

(a) The Head of State, with the counter-signature of the Presiding Officer of the National Assembly, shall appoint as Prime Minister the person elected by the National Assembly, and shall receive the Prime Minister’s resignation.

(b) The election of a Prime Minister shall take place by an absolute majority, but if after two rounds of voting no Prime Minister is elected, a simple majority shall suffice for subsequent rounds of voting.

(c) The election of a Prime Minister shall take place: (i) as soon as possible after the first meeting of the National Assembly after a general election; (ii) whenever the office of Prime Minister is vacant.

(d) The Head of State, on the advice and counter-signature of the Prime Minister, shall appoint and dismiss the Deputy Prime Minister and other Ministers, and shall receive their resignations.

(e) No-one shall be appointed to the Executive Council unless he or she is a member of the National Assembly, and no member of the Executive Council shall continue to serve as such if he or she ceases to be a member of the National Assembly.

(f) Notwithstanding the above, if a member of the Executive Council ceases to be a member of the National Assembly by reason of losing his or her seat in an election, he or she may continue to serve in the Executive Council for up to sixty days.

(40) Resignation and Responsibility

(a) The Executive Council shall be collectively responsible to the National Assembly for the general policy and conduct of the government. Each member of the Executive Council shall be individually responsible for their personal behaviour and for the administration of their own department.

(b) If the National Assembly, by an absolute majority, passes a vote of no-confidence in the Prime Minister, or in the Executive Council, the Prime Minister shall within seven days offer the Executive Council’s joint resignation to the Head of State, and the Head of State shall accept such resignation.

(c) If the National Assembly, by an absolute majority, passes a vote of no-confidence in a member of the Executive Council other than the Prime Minister, that member shall within seven days offer his or her resignation to the Head of State, and the Head of State shall accept such resignation.

(d) Nevertheless, the Executive Council, or an individual member thereof, need not resign if within a period of seven days following a vote of no confidence under the foregoing paragraphs: (i) a motion of confidence in the Executive Council is passed by the National Assembly by the affirmative votes of a majority of those present and voting; or (ii) the National Assembly votes for its own dissolution.

(e) A member of the Executive Council may at any time resign, on grounds of illness or incapacity, or for personal or compassionate reasons, by submitting a letter of resignation to the Head of State.

(g) Following the death or resignation of the Prime Minister, or the resignation of the Executive Council, or a general election, the incumbent members of the Executive Council shall continue in office, in a caretaker capacity, until a Prime Minister is duly appointed in accordance with Article 39.

(41) Law Officers

(a) There shall be two Law Officers: (i) the Attorney-General, who shall be the chief legal advisor to the Executive Council, and (ii) the Prosecutor-General, who shall be in charge of public prosecutions.

(b) The Law Officers shall be appointed by the Head of State on the advice of the Executive Council.

(c) The Law Officers shall not be members of the National Assembly or of the Executive Council, but they shall each have the right to attend the Executive Council to offer legal advice and to attend the National Assembly, in a non-voting capacity, to answer questions related to their respective offices.

(d) The Law Officers shall serve for renewable terms of four years. They may be removed before the end of their terms only by a resolution passed by a two-thirds majority of the National Assembly on grounds of incapacity, negligence, gross misconduct, or other stated cause.

(e) The Law Officers shall be independent in the performance of their respective duties and shall not be under the control or authority of any other person.

(42) Salaries

Members of the Executive Council, Law Officers, and other executive officers enjoying ministerial status as prescribed by law, shall receive such remuneration and allowances as shall from time to time be provided by law; but no law to increase such remuneration or allowances above the rate of inflation shall be applied to those holding office when the law is enacted.

Part Six – The Legislature

(43) National Assembly

The National Assembly is the highest legislative, representative and deliberative assembly.

(44) Composition and Election

The National Assembly shall consist of two hundred members who shall be directly elected by the people, by secret ballot, using the Single Transferable Vote system of proportional representation.

(45) Constituency Boundaries

The boundaries of constituencies shall be determined by law after each decennial census, on the proposal of the Boundaries Commission, provided that: (i) each constituency shall be a compact and contiguous area; (ii) each constituency shall elect at least five, but not more than seven, members; (iii) the ratio between the number of members to be elected for each constituency and the population of each constituency, as ascertained at the last preceding census, shall as far as practicable, be the same throughout the country; and (iv) constituency boundaries shall take into consideration existing communities and the existing boundaries of local government authorities.

(46) Qualifications of Members

(a) In order to be elected to the National Assembly it is necessary to be an enfranchised citizen, at least 21 years of age, and resident for at least six months the constituency for which one is elected.

(b) Provided, however, that the following persons may not be elected to the National Assembly: (i) members of the Royal Family; (ii) undischarged bankrupts; (iii) persons having allegiance to any foreign state; (iv) persons who hold any other public office, except for a ministerial office or an elective local office; and (v) members of the armed forces, except reservists not on active service.

(47) Oath of Office

Members of the National Assembly, on assuming office, shall take the following oath: “I, being duly elected as a member of the National Assembly, do hereby solemnly swear to uphold and obey the Constitution of Outremer, and to perform my duties as a representative of the people with honesty and integrity, to the best of my ability, and to devote all my efforts to the service of the public.”

(48) Terms of Office

(a) Subject to the provisions of this Article, the National Assembly shall be elected for a term of four years, and an ordinary general election shall be held on the first Sunday after the fourth anniversary of the previous general election. The Head of State, on the advice of the Presiding Officer, shall dissolve the National Assembly forty days before the date on which the election is due to take place.

(b) The National Assembly may, by means of a resolution passed by an absolute majority, vote for its own dissolution; the Presiding Officer shall thereupon formally advise the Head of State to dissolve the Assembly and to issue writs for an extraordinary general election to be held within forty days.

(c) The National Assembly may, by means of a resolution passed by a two-thirds majority, vote to delay a general election by up to one year in the event of a war, invasion, or state of emergency.

(49) Removal and Resignation

(a) A member of the National Assembly may resign his or her seat, on grounds of incapacity, or for personal or compassionate reasons, by tendering a letter of resignation to the Presiding Officer.

(b) A member of the National Assembly may be removed from office, by a two-thirds majority vote of the National Assembly, for gross misconduct that brings the National Assembly into disrepute; but no such vote shall be held unless the matter has been investigated by a disciplinary committee of the Assembly, in which the member has the opportunity to make a case in his or her own defence.

(c) A member of the National Assembly shall be deemed to have vacated his or her office if he or she ceases to be qualified for election to the National Assembly according to the provisions Article 46.

(d) In the event of the death, resignation or removal of a member of the National Assembly, the vacancy shall be filled within three months; and, unless a general election is due to be held during that time, the Presiding Officer shall without delay issue writs for a by-election to take place in the appropriate constituency to fill the vacancy. The National Assembly may act notwithstanding any vacancy in its membership, provided that a quorum is present.

(50) Sessions

(a) Subject to the provisions of this Article, and to any further provisions in the Standing Orders of the National Assembly, the Head of State shall summon and prorogue the National Assembly on the advice of the Executive Council.

(b) An ordinary session of the National Assembly shall be convoked once per year and shall continue for at least one hundred and eighty days.

(c) The National Assembly must be convoked within thirty days after the date of a general election.

(d) The Executive Council must summon the National Assembly to meet in an emergency session within seven days if so requested by the Presiding Officer or by at least forty Assembly members.

(51) Presiding Officer and Deputy Presiding Officer

(a) The National Assembly shall freely elect its own Presiding Officer and Deputy Presiding Officer from amongst its members.

(b) The Presiding Officer and Deputy Presiding Officer, upon election, shall resign from membership of any political party, and shall perform their duties in an impartial manner on behalf of the National Assembly as a whole.

(52) Privileges and Conduct of Members

(a) Members of the National Assembly shall receive a moderate salary and travel and secretarial allowances from the national treasury in accordance with law, but no law to increase the salary or allowances of members shall be applied to those who are elected before such law comes into effect. (b) Members of the National Assembly shall be exempt from arrest and detention while the National Assembly is in session, unless arrested in flagrante delicto or with the prior consent of the Assembly.

(c) Members of the National Assembly shall have freedom of speech and voting, and not be held liable in any court for speeches, debates or votes cast inside the Assembly or its committees.

(d) The National Assembly shall judge disputes related to qualification of disqualification of any members. However, in order to deny a seat to any member on the grounds of disqualification, it is necessary to pass a resolution by a two-thirds majority of the total membership of the Assembly.

(e) The National Assembly shall maintain a Register of Members’ Interests, in which the financial interests of members shall be recorded. The Register shall be available for public inspection. A member may not vote on any matter in relation to which he or she has a conflict of interest.

(53) Bureau of the National Assembly

(a) There shall be a Bureau of the National Assembly, which shall consist of: (i) the Presiding Officer, as convenor; (ii) the Deputy Presiding Officer; and (iii) seven members of the National Assembly chosen by their peers, by proportional representation, at the commencement of each session.

(b) The Bureau shall be responsible for appointing the clerks and officials of the National Assembly, and for managing the National Assembly’s budget, premises, facilities, library, archives, and security.

(54) Procedure of the National Assembly

(a) The National Assembly shall adopt its own Standing Orders (rules of procedure and discipline).

(b) The National Assembly shall decide its own timetable and order of business; provided, that at least a third of the Assembly’s time shall be reserved for opposition or private members’ business.

(c) Public business cannot be transacted in the National Assembly unless a quorum of at least one-third of the membership is present.

(d) All matters shall be decided in the National Assembly by a majority of those present, except as elsewhere provided in the Constitution or in Standing Orders. The Presiding Officer shall have no vote, except for a casting vote in the event of a tie.

(e) Deliberation in the National Assembly and its committees shall be public. However, closed plenary or committee sessions may be held, for the discussion of matters concerning national security or diplomacy, if authorized by a resolution passed two-thirds majority of the members present.

(f) The National Assembly shall keep a record of proceedings; this shall be published for public inspection, excepting such parts of proceedings of closed sessions as the Bureau shall deem to require secrecy.

(55) Legislative Process

(a) Legislative bills may be introduced by: (i) a responsible Minister; (ii) the convenor of a committee of the National Assembly on the basis of a report or recommendation of that committee; or (iii) any member of the National Assembly on his or her own initiative or in response to a public petition.

(b) Provided, however, that money bills may be introduced only by a responsible Minister. Money bills are defined as bills concerning taxes, duties, estimates, appropriations, or loans. In cases of controversy, the question of whether a bill is a money shall be decided by the Presiding Officer.

(c) Each bill shall be subject to three readings in the National Assembly and shall, between the second and third readings, be submitted to a committee of the Assembly for detailed scrutiny.

(d) Except as otherwise provided by the Constitution, a bill is deemed to have been passed by the National Assembly if approved on its third reading by a majority of the members present and voting in a quorate session.

(e) The Head of State, with the counter-signature of the Presiding Officer of the National Assembly, shall within fourteen days grant assent to, and thereby enact and promulgate as law, all legislative bills that have been duly passed by the National Assembly.

(56) Financial Control

(a) The National Assembly shall by law provide for the imposition of taxes, duties, customs, and other public charges, securing loans on the public credit, for authorizing appropriations and expenditures.

(b) The Executive Council shall present an annual budget bill for approval by the National Assembly, and shall, if required, present supplementary estimates and appropriations.

(c) In order to provide for any unforeseen deficiencies in the budget, a Contingency Fund may be created by the National Assembly, to be expended on the responsibility of the Executive Council.

(d) The Executive Council must, however, obtain subsequent approval of the National Assembly for all payments from the Contingency Fund.

(e) If the budget for the coming financial year has not been passed by the National Assembly before the end of the current financial year, the National Assembly may declare, by resolution passed by a simple majority on the proposal of the Executive Council, that the budget for the current year shall be carried over into the next year, pending the approval of a budget.

(57) Accountability, Parliamentary Questions and Public Inquiries

(a) Members of the National Assembly may address written or oral questions to Ministers.

(b) A Minister must appear before the National Assembly, or a committee of thereof, when summoned, and answer any question concerning a matter for which the Minister is responsible.

(c) Ministers must provide the National Assembly with full and regular reports concerning matters for which they are responsible.

(d) The National Assembly and its committees may conduct Public Inquiries into any matter of public policy, legislation or administration, and to this end may: (i) demand the presence and testimony of witnesses; (ii) hear evidence on oath, (iii) require access to public records, files and other evidence, (iv) appoint expert advisors, (v) commission research, and (vi) publish reports and recommendations.

Part Seven – The Privy Council

(58) Roles and Functions

(a) The Privy Council is an advisory body to advise and assist the Executive Council and the National Assembly in the formulation of laws and policies, in particular in regard to: (i) matters of military and diplomatic strategy; (ii) the long term effects of laws and policies in relation to the national interest, socio-economic and cultural well-being, and environmental stability; and (iii) the effectiveness of laws and policies, their internal coherence, and their compatibility with constitutional principles.

(b) The Privy Council: (i) must be consulted by the Executive Council before any military action or treaty negotiation is proposed; (ii) may be consulted by the Executive Council in relation to any question of law or policy; (iii) shall have the authority to review bills under consideration by the National Assembly, and to propose amendments to such bills, with notice thereof given to the National Assembly; and (iv) may on its own initiative propose bills to the National Assembly.

(59) Composition

(a) The Privy Council shall consist of: (i) all former Prime Ministers and Deputy Prime Ministers; (ii) all former Presiding Officers and Deputy Presiding Officers of the National Assembly; (iii) all former Chief Justices and Justices of the Supreme Court; (iv) up to forty persons appointed by the Head of State from amongst those who have served with distinction in high political, administrative, military, or diplomatic office; and (v) up to forty persons appointed by the Head of State from amongst those who have greatly contributed to the common good in scholarship, science, industry or commerce, philanthropic or charitable works, or religious or cultural life, and who are distinguished by their wisdom, integrity and good counsel.

(b) No person may be appointed to the Privy Council who is not an enfranchised citizen of the kingdom and at least forty years of age.

(c) Members of the Privy Council shall serve for life, or until voluntary retirement.

(d) In making appointments to the Privy Council under this Article the Head of State shall act on the advice of the Prime Minister, given after consulting the leaders of the opposition parties, but such appointments shall be made only on merit and not on the basis of any party-political consideration.

(e) The Privy Council, and the members thereof, shall have the same privileges and immunities as members of the National Assembly; the provisions of articles 51 to 54 shall apply mutatis mutandis.

Part Eight – The Judiciary

(60) Judicial Power

(a) Save as hereafter declared, or as determined by Acts of the National Assembly, the judicial power shall be exercised in the same Courts with the same jurisdiction and by the same judges, having the same powers, duties, immunity, and privileges, as at the date of promulgation of this Constitution.

(b) There shall be a Supreme Court of Outremer, which shall consist of a Chief Justice and seven Justices, or such greater number of members, not exceeding twelve, as may be prescribed by law.

(c) The Supreme Court shall have final appellate jurisdiction over any question concerning: (i) the interpretation of this Constitution; (ii) the constitutionality of any Act of the National Assembly, treaty, order, regulation or other official act; or (iii) any point of law of general public interest.

(61) Appointment of Judges

(a) There shall be a Council of Judiciary to advise the Head of State on judicial appointments. This Council shall consist of nine members: (i) two serving or retired members of the judiciary, elected from amongst their peers; (ii) two representatives of the legal profession, elected by the members of the legal profession as prescribed by law; (iii) four members of the National Assembly, elected by the National Assembly, by secret ballot and proportional representation, following each general election; and (iv) the Minister responsible for Justice, who shall be ex-officio Chair of the Council of Judiciary.

(b) All members of the judiciary shall be appointed by the Head of State, with the counter-signature of the Chair of the Council of Judiciary, on the basis of a recommendation supported by at least two thirds of the members of the Council of Judiciary.

(c) No person may be appointed to a judicial office unless he or she is a citizen of Outremer, at least thirty years of age, learned in the laws, of sound mind and good character.

(d) In selecting candidates for judicial appointments, the Council of Judiciary shall lay down general conditions for applicants, advertise posts openly, and treat all applicants fairly on the basis of merit.

(e) Nevertheless, the Council of Judiciary may give due consideration, in making recommendations, to gender balance and to the representation of Outremer’s ethnic, linguistic and religious diversity.

(62) Tenure and Removal

(a) Judges shall not be removed except by means of a resolution of the National Assembly, passed by a two-thirds majority vote, on the grounds of incapacity, negligence or gross misconduct.

(b) Such a resolution may only be proposed by the Minister for Justice, and only on the basis of a disciplinary investigation carried out by the Council of Judiciary recommending removal from office.

(c) A judge may be suspended from office for up to six months, on full pay, by a two-thirds majority vote of the Council of Judiciary, pending the investigation of alleged incapacity, negligence, or gross misconduct.

(d) Members of the judiciary shall retire on full pension on reaching the age of sixty-five, but the Council of Judiciary may grant early retirement on the grounds of diminished mental or physical capacity, or for personal or compassionate reasons.

(63) Judicial Independence and Integrity

(a) All members of the judiciary shall receive salaries and other allowances as prescribed by law, provided that the salary or allowances of a judge shall not be decreased during his or her tenure.

(b) Every person appointed to exercise a judicial function under the Constitution shall make and subscribe a declaration that he or she will uphold the Constitution and the law, and will do equal right and justice to all, without fear or favour.

(c) All judges shall be independent in the exercise of their duties and shall be bound only by this Constitution and the law.

(d) Members of the judiciary may not: (i) hold any other public office; (ii) undertake any occupation or employment that may undermine their independence or integrity, or (iii) engage in any political activity or campaigning.

(e) The Council of Judiciary, subject to the approval of the National Assembly, shall adopt a Code of Professional and Personal Ethics for judges.

(64) Prerogative of Mercy

(a) The Head of State, on the advice of the Minister of Justice, shall have the authority to pardon offenders, to remit punishments, to suspend sentences, and to grant parole according to law.

(b) A Pardons and Parole Board may be established by law to assist the Minister of Justice in the exercise of this power; the Minister may also delegate decisions to the Pardons and Parole Board.

(c) A member or former member of the Executive Council may not be pardoned for any offence committed by him or her in an official capacity, except with the consent of the National Assembly.

(c) No general amnesties shall be granted except by an Act of the National Assembly.

Part Nine – Independent Officials and Commissions

(65) Auditor-General

(a) There shall be an independent non-partisan Auditor-General, who shall: (i) supervise the auditing of public accounts; (ii) ensure public monies are raised and expended only in accordance with the law; (iii) conduct investigations into the management of public finances; (iv) make recommendations for improving public economy and for reducing corruption and wastage; and (v) otherwise ensure the good stewardship of public finances according to this Constitution and the law.

(b) The Auditor-General shall be appointed by the Presiding Officer of the National Assembly, on the basis of a resolution passed by a two-thirds majority of the members of the National Assembly.

(c) The Auditor-General shall be accorded full powers of investigation, including unreserved access to all official files and records, and the right to summon witnesses, in the fulfillment of his or her duties.

(66) Justicar-General

(a) There shall be an independent non-partisan Justicar-General, who shall supervise all central and local government administration, and shall, in particular: (i) keep under review the effects on the citizens of the application of laws and statutes; (ii) receive by petition complaints of injustice and infringements of private and fundamental rights alleged to have been committed by, or caused by the negligence or mistake of, the national or local government authorities, administration, or agencies, or any of their servants, against the petitioner; (iii) receive by petition complaints of maladministration, misconduct, unnecessary delay, inefficiency, or other improper handling of a petitioner’s case by the national or local government authorities, administration, or agencies, or any of their servants; and (iv) cause to be brought to Court any case requiring legal judgment, or call on a Government department or local authority to take remedial, disciplinary or other appropriate action.

(b) The Justicar-General shall be appointed by the Presiding Officer of the National Assembly, on the basis of a resolution passed by a two-thirds majority of the members of the National Assembly.

(c) The Justicar-General shall be accorded full powers of investigation, including unreserved access to all official files and records, and the right to summon witnesses, in the fulfillment of his or her duties.

(67) Electoral Commission

(a) There shall be an independent non-partisan Electoral Commission, which shall supervise electoral registration, administer the registration of political parties, audit their accounts, ensure compliance with electoral law, and otherwise ensure the free and fair conduct of elections and referendums according to this Constitution and the law.

(b) The Electoral Commission shall consist of nine members: (i) the Chair shall be a serving or retired judge, appointed by the Head of State on the advice of the Council of Judiciary; (ii) two executive members shall be appointed on merit by the Presiding Officer of the National Assembly, acting with the advice and consent of a two-thirds majority of the Bureau of the National Assembly, according to their relevant qualifications and experience in electoral law or electoral administration; (iii) five non-executive members shall be appointed by the National Assembly by proportional representation.

(68) Boundaries Commission

(a) There shall be an independent non-partisan Boundaries Commission, which shall be responsible for proposing revisions to the boundaries of electoral constituencies and local government areas in order to ensure fair and equitable representation in accordance with this Constitution and the law.

(b) The Boundaries Commission shall consist of nine members: (i) the Chair shall be a serving or retired judge, appointed by the Head of State on the advice of the Council of Judiciary; (ii) two executive members shall be appointed on merit by the Presiding Officer of the National Assembly, acting with the advice and consent of a two-thirds majority of the Bureau of the National Assembly, according to their relevant qualifications and experience in surveying or demography; (iii) five non-executive members shall be appointed by the National Assembly by proportional representation.

(69) Public Service Commission

(a) There shall be an independent non-partisan Public Service Commission, which shall be responsible for supervising the personnel management, recruitment, selection, training, promotion and discipline of the civil service and for maintaining the integrity, impartiality and professionalism of the service.

(b) The Public Service Commission shall consist of five members: (i) the Chair shall be a senior civil servant, appointed by the Head of State on the advice of the Executive Council; (ii) three executive members shall be appointed on merit by the Presiding Officer of the National Assembly, acting with the advice and consent of a two-thirds majority of the Bureau of the National Assembly, according to their relevant qualifications and experience in public administration and personnel management; (iii) one non-executive member shall be elected by members of the civil service as their representative.

(70) Autonomy and Impartiality

(a) No person who is or has been a member of the National Assembly, or who has been a candidate for election to the National Assembly during the last ten years, or is or has within the last ten years been an office-holder of any political party represented in the National Assembly, or who is the spouse, partner, child, parent, or sibling, of any such person, may be appointed as Auditor-General or Justicar-General, nor as a member of the Electoral Commission, Boundaries Commission, or Public Service Commission.

(b) The Auditor-General, Justicar-General, and members of the Electoral Commission, Boundaries Commission, and Public Service Commission, shall each serve for a term of five years and shall be eligible for reappointment for a further term.

(c) The Auditor-General, Justicar-General, or a member of the Electoral Commission, Boundaries Commission or Public Service Commission, shall not be removed from office before the expiry of his or her term except for conduct repugnant to his or her office or for physical or mental incapacity, and then only on a decision of a two-thirds majority of the National Assembly.

(d) The duties of the Auditor-General, Justicar-General, Electoral Commission, Boundaries Commission and Public Service Commission shall be defined in general terms by the National Assembly, but subject to these provisions they shall be independent in the performance of their respective duties.

(e) The Auditor-General, Justicar-General, and the Chairs of the Electoral Commission, Boundaries Commission and Public Service Commission, shall each receive the salary and pension of a Justice of the Supreme Court. Other members of the Electoral Commission, Boundaries Commission and Public Service Commission shall each receive the salary and pension of a judge of the Court of Appeal.

(g) The Auditor-General, Justicar-General, Electoral Commission, Boundaries Commission and Public Service Commission, shall present an Annual Report to the National Assembly.

Part Ten – Referendums

(71) Consultative Referendums

(a) The National Assembly, by means of a resolution proposed by the Executive Council and passed by an absolute majority vote, may authorise the holding of a national consultative referendum to ascertain the will of the people on any proposed law, treaty, or general question of public policy.

(b) Consultative referendums are advisory only. They shall have no binding force or legal effect.

(72) Constitutional Referendums

(a) A referendum shall be held to ratify a proposed amendment to the Constitution that has been passed by a two-thirds majority vote of the National Assembly in accordance with Article 81.

(b) If a majority of the votes cast in the referendum are in favour of the proposed constitutional amendment bill, and if the votes in favour of the amendment bill amount to at least 40% of those eligible to vote, the proposed amendment shall be deemed to have been approved by the people.

(73) Abrogative Referendums

(a) One-tenth of the electorate, by means of a petition to the President of the National Assembly, may demand a referendum on the repeal of any law, other than a law concerning public finances, that has been enacted during the current or immediately previous session of the National Assembly. (b) If a majority of the votes cast in the referendum are in favour of repealing the law in question, and if the votes in favour of repeal amount to at least 40% of those eligible to vote, the law shall be deemed to have been repealed with immediate effect.

(c) Nevertheless, an abrogative referendum shall not be held if: (i) the law in question is repealed by the National Assembly before the date on which the referendum is scheduled to take place; or (ii) the National Assembly, by a two-thirds majority vote, passes a resolution affirming the law in question.

(74) Conduct of Referendums

(a) The date of each referendum shall be decided by the Executive Council with the prior agreement of the Electoral Commission, but shall be no later than six months after the resolution authorizing a consultative referendum was passed, or after the petition demanding an abrogative referendum was received, or after a proposed constitutional amendment has been passed by the National Assembly.

(b) Notwithstanding the foregoing provision, the National Assembly may, by means of a resolution passed by a two thirds majority vote, authorise the postponement of a referendum in the event of: (i) a state of emergency being declared or (ii) general elections being postponed under Article 21.

(c) The wording of each referendum question be subject to approval by the Electoral Commission, which shall have the authority to ensure that the question is fair, balanced, clear and unambiguous.

Part Eleven – Local Self-Government

(75) Provinces and Communes

(a) The territory of Outremer shall be divided by law into Provinces, and sub-divided according to law into Communes.

(b) A bill for a law changing the boundaries of Provinces or Communes shall not be introduced to the National Assembly unless: (i) the Boundaries Commission has given its advice; and (ii) the Councils of the Provinces and Communes to be affected by have given their consent to the proposed changes.

(76) Provincial Government

(a) Each Province shall be governed according to law by a Provincial Council, elected by the enfranchised citizens resident in the Province, by proportional representation, in the manner prescribed by law.

(b) The Governor of each Province shall be elected by the Provincial Council, from amongst its members, to serve as president of the Provincial Council and chief executive of the Province.

(77) Communal Government

(a) Each Commune shall be governed according to law by a Municipal Council, elected by the enfranchised citizens resident in the Commune, by proportional representation, in the manner prescribed by law.

(b) The Mayor of each Commune, who shall serve as president of the Communal Council and chief executive of the Commune, shall be directly elected by the enfranchised citizens resident therein.

(78) Terms of Office

(a) Provincial Councils, Communal Councils and Mayors shall serve for terms of four years.

(b) No person may serve as Mayor of a Commune for more than three terms in succession.

(c) Local elections may be postponed by law in event of a war, invasion or a state of emergency.

(79) Powers of Provinces and Communes

The administrative, fiscal and legislative powers, competences, and duties, of Provincial and Communal authorities shall be defined by law, in accordance with the principles of subsidiarity.

Part Twelve – Amendment of the Constitution

(80) Constitutional Review Commission

(a) It shall be the duty of successive National Assemblies, at intervals no less frequent than twenty-five years, to appoint a cross-party Constitutional Review Commission to examine the operation of the Constitution and to make recommendations for correcting defects.

(b) The Constitutional Review Commission may conduct public consultations, summon expert witnesses, and receive petitions and suggestions from the citizens.

(c) The Constitutional Review Commission shall report to the National Assembly within eighteen months after its appointment, and it shall thereupon be disbanded.

(81) Amendment Process

(a) This Constitution can be amended, whether by modification, addition, or repeal, only by means of a Constitutional Amendment enacted by the National Assembly in accordance with the provisions of this Article.

(b) A Constitutional Amendment bill must be designated as such in its short title.

(c) A Constitutional Amendment bill may be proposed by: (i) a Constitutional Review Commission appointed in accordance with Article 81; or (b) at least one-tenth of the members of the National Assembly.

(d) Constitutional Amendment bills shall be published for public consultation for at least three months before the second reading of the bill.

(e) A bill for a Constitutional Amendment shall be deemed to have been passed by the National Assembly only if approved on its final reading by a two-thirds majority of the total membership thereof.

(f) If a bill for a Constitutional Amendment is passed by the National Assembly, it shall be presented to the people in a referendum, held in accordance with Article 72.

(g) If approved by the people in the referendum, the Constitutional Amendment shall be promulgated by the Prince and shall become an integral part of the Constitution.

(h) A consolidated copy of the Constitution shall be published in the official gazette.

(82) Restrictions on Amendments

The Constitution may not be amended during a state of emergency, nor during an enemy invasion or occupation of the country.