PREAMBLE

In light of the recent political climate permeating throughout the world, we the Foundational Committee of Byrdia, in the interest of mankind for equity, organisation and progress, hereby establish this constitution to uphold and promote these values within the territory of The United Republic of Byrdia. Furthermore, we declare that this representative, unitary and parliamentary republic shall serve as a refuge, a sanctuary and a brave new frontier to all of the oppressed and displaced peoples of the world, and thus henceforth be a secular, multi-ethnic and democratic Republic.





FIRST ARTICLE: EXECUTIVE BRANCH

§ 1.

All legislative and executive power shall be vested upon the First Consul, and shall thus be both the Head of State and the Head of The Executive Council of the United Republic of Byrdia.





§ 2.

The First Consul of The United Republic of Byrdia shall be in charge of executing all laws passed by The People’s Curia. The First Consul shall also be able to grant pardons and reprieves except in cases of removal from office. The First Consul shall delegate his powers, as they see fit, by appointing ministers with consent of The People’s Curia. The First Consul may also appoint all judges with the consent of The People’s Curia. The First Consul shall receive a salary directly from the state treasury that shall not increase nor decrease during his time in office.





§ 3.

The First Consul shall be chosen every 5th year by The People’s Curia, who, two months preceding the election of a new First Consul, holds elections for the first and only chamber of The People’s Curia. The election of a First Consul by The People’s Curia shall be decided by a simple majority, where abstaining from voting is not an option. In the occasion of a tie for the position of First Consul, The People’s Curia must continue to vote every day for an entire month until a First Consul is chosen. In the event that The People’s Curia is still unsuccessful after this, The People’s Curia must call for a re-election of The People’s Curia. No individual may hold the office of First Consul more than three times in their life. The First Consul must be a Member of The People’s Curia, be an official citizen of The United Republic of Byrdia and must be over the age of 15 when elected into office.





§ 4.

The First Consul shall be the Head of The Executive Council and thus have the power to sign or veto all bills, unless regarding a constitutional amendment, passed by The People’s Curia. The People’s Curia can override the veto of a First Consul with a 2/3 majority. The First Consul has a period of two weeks to either use their veto or sign a bill before said bill automatically becomes law.





§ 5.

If the First Consul dies or vacates his position during office, The People’s Curia must enter the process of electing a new First Consul within two weeks or if failing to do so, be forced to announce a re-election.





§ 6.

The People’s Curia may depose an acting First Consul with a majority without reason. The party which the First Consul is a member may remove the First Consul out of their party, and in so doing force the resignation of the First Consul.





§ 7.

If the First Consul is deposed, forced to resign, resigns by free will, dies or vacates their office in any way, the entire The Executive Council appointed by said First Consul is automatically disbanded.





§ 8.

In the event of incapacitation of the First Consul, the First Consul, or, if unable, the The Executive Council, may appoint a Vice Consul or Minister to act as First Consul throughout the duration of said incapacitation.









SECOND ARTICLE: LEGISLATIVE BRANCH

§ 1.

All legislative power shall befall the citizens of The United Republic of Byrdia. The People’s Curia, which shall be unicameral, shall exercise this power on behalf of the people and shall convene at the behest of the First Consul, the Chairman of The People’s Curia or by The Executive Council, physically or virtually.





§ 2.

The People’s Curia shall consist of a maximum of 300 members, all of which shall be a member of a party. Elections to The People’s Curia shall occur every 5th year, with all democratic parties consisting of more than two members being eligible to run. All Parties who attain at least of the vote shall be given seats in The People’s Curia proportional to the percentage of votes they have received. Every citizen of Byrdia 15 or older is eligible to cast a vote. All members of The People’s Curia must be 15 or older on Election Day. All members of The People’s Curia shall receive a salary directly from the state treasury that shall not increase nor decrease during their five year term. There is no limit to how many terms one can be a member of The People’s Curia.





§ 3.

The People’s Curia is responsible for deciding how the legislative process shall happen and may progressively alter the rules of legislative procedure by passing bills. The People’s Curia may not change the legislative procedure in a way that would contradict the constitution or hinder its democratic and representative function. Any minister (individual having been delegated governmental and executive power in accordance with Article I, § 2) is immune to arrest unless removed from office by a majority in The People’s Curia on the grounds of criminal activity against the state.





§4.

The People’s Curia is responsible for passing laws. Any bill proposed by The People’s Curia or the The Executive Council must be passed by a simple majority. The People’s Curia does not have the power to pass bills to amend the constitution, with the exception being described by Article VII § 10.





§ 5.

If The People’s Curia is unable to pass a bill, the same proposal may not be voted on for a period of 1 month.





§ 6.

If The People’s Curia is unable to convene at least ½ of its members for a session due to extreme situations such as war, The Executive Council passes to be the legislative body for a period of 2 months, at which point another session must try to be convened. If such attempt fails, another 2 months are given to The Executive Council as legislative body. This cycle may go on for a period no longer than 3 years, at which point a new election must be held, even in extreme circumstances. If The Executive Council does take on the role of legislative body, it still complies with the rules set out in Article I & II. Furthermore, in extreme circumstances, such as the ones outlined above, the legislative and governmental body may not propose any constitutional amendments until a re-election is held under normal circumstances.









THIRD ARTICLE: JUDICIARY BRANCH

§ 1.

The judiciary branch shall consist of 3 courts: the Expeditional, the Decisive and the Consular; of which the Consular is the highest judiciary instance in The United Republic of Byrdia, and the Expeditional the lowest and most common. All individuals tried by the courts have the right to appeal to a higher instance, from Expeditional to Decisive and finally to the Consular. Once convicted by the Consular Court, the individual no longer has the right to appeal their conviction.





§ 2.

Judges in the Expeditional and the Decisive courts must have a law degree and are approved by the First Consul. The Consular Court shall consist of 9 individual appointed for life by the First Consul and approved by The People’s Curia. The judges’ salaries shall be decided by The People’s Curia. All judges in each instance must earn the same amount. To remove a judge in the Expeditional or Decisive courts, The People’s Curia must agree with a majority. In the case of a Consular Judge deciding to vacate their office, the procedure for choosing a new Consular Judge must be followed and the individual vacating the office may never again hold the office of Consular Judge. A Consular Judge may not simultaneously be a member of The People’s Curia or hold the title as First Consul and vice versa.





§ 3.

The Consular Court has the final say in any legal issue, unless the First Consul decides to pardon a convicted felon. All courts must follow international standards and are therefore independent from executive and legislative power. Judges in the Decisive and Consular Courts are immune to internal prosecution within the country for a period of 5 years after vacating their positions. The jurisdiction of all three instances shall span across the entire territory of The United Republic of Byrdia, but with Expeditional Courts taking on more local cases as they consist of the first instance of the judiciary system.





§ 4.

All rulings in all branches of the judiciary shall base themselves off of the laws passed by the legislative and executive branches as well as holding true to this constitution.





FOURTH ARTICLE: THE RIGHTS OF CONSCIENCE

§ 1.

The rights of all citizens and residents of Byrdia shall be based on the principles of equity and the struggle for a post-capitalist society.





§ 2.

All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.





§ 3.

All citizens and residents of The United Republic of Byrdia are entitled to all the rights and freedoms set forth by this constitution, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.





§ 4.

Everyone has the right to life, liberty and security of person.





§ 5.

No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms.





§ 6.

No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.





§ 7.

No one shall be subjected to the death penalty as a criminal punishment.





§ 8.

Everyone has the right to recognition everywhere as a person before the law.





§ 9.

All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Constitution and against any incitement to such discrimination.





§ 10.

No one shall be subjected to arbitrary arrest, detention or exile.





§ 11.

Everyone has the right to an effective remedy by the competent courts for acts violating the fundamental rights granted them by this constitution or by law.





§ 12.

Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of their rights and obligations and of any criminal charge against them.





§ 13.

Everyone has the right to freedom of movement and residence within the territory of Byrdia. All citizens and residents of Byrdia have the right to leave the territory of Byrdia and return at any time.





§ 14.

All individuals of full age, without any limitation due to race, nationality, religion, gender or sexual orientation have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution. Marriage shall be entered into only with the free and full consent of the intending spouses.





§ 15.

All citizens and residents of Byrdia have the right to own property in association with others.





§ 16.

All citizens of Byrdia have the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in worship and observance.





§ 17.

All citizens of Byrdia have the right to the expression of informed opinions.





§ 18.

All citizens of The United Republic of Byrdia have the right to freedom of peaceful assembly and association. No one may be compelled to belong to an association.





§ 19.

All citizens and residents of Byrdia have the right to equal access to public service.





§ 20.

The will of the people shall be the basis of the authority of government; this shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures.





§ 21.

All citizens of Byrdia have the right to work, to just and favourable conditions of work and to protection against unemployment. Everyone, without any discrimination, has the right to equal pay for equal work.





§ 22.

All citizens of The United Republic of Byrdia have the right to form and to join workers unions for the protection of their interests.





§ 23.

Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with remuneration.





§ 24.

All citizens and residents of The United Republic of Byrdia, living and working within the territory of The United Republic of Byrdia have the right to a universal basic income.





§ 25.

All citizens of The United Republic of Byrdia have the right to education. Education shall be state run, free and accessible to all at all levels.





§ 26.

All citizens of The United Republic of Byrdia shall have the right to a home.





§ 27.

All citizens of Byrdia have the right to equal medical assistance and treatment. Hospitals and clinics shall be state run, free and accessible to all at all.





FITH ARTICLE: THE RIGHTS OF PROVINCES

§ 1.

All and any eventual governmental subdivisions of The United Republic of Byrdia have the right to limited local governance, which can at any time be revoked by The People’s Curia.





SIXTH ARTICLE: INTERNATIONAL AFFAIRS

§ 1.

The Head of State, Head of The Executive Council and any eventual minister assigned to handle international affairs shall be the official representatives of The United Republic of Byrdia abroad.





§ 2.

The United Republic of Byrdia shall strive to attain international recognition and maintain peaceful and friendly relations with all foreign parties unless under direct threat by such party.





§ 3.

The United Republic of Byrdia shall strive towards attaining recognition and membership in the United Nations.





§ 4.

War as a tool of diplomacy on the part of The United Republic of Byrdia may only be resorted to in purposes of defending the territory and security of Byrdia.





§ 5.

The United Republic of Byrdia and its government shall never officially surrender to enemy invaders, but will seek to govern in exile if necessary.









SEVENTH ARTICLE: SOVEREIGNITY OF THE UNITED REPUBLIC OF BYRDIA​

§ 1.

The territory of The United Republic of Byrdia consist, as of the date of its creation, all land south of the 60th parallel south, east of 150th meridian west and west of the 90th meridian west. The territory outlined shall not only be considered de jure, but also de facto territory of The United Republic of Byrdia, whether inhabited or not.





§ 2.

The annexation of any territory occupied by Byrdian armed forces must be accepted by the local inhabitants of such territory by a simple majority in a local referendum, as well as by a majority vote in The People’s Curia.





§ 3.

In the eventuality that the ceding of territory should occur through peaceful negotiations, The People’s Curia must accept the proposals unanimously and begin the process of amending this constitution.





§ 4.

The official flag of The United Republic of Byrdia shall be as illustrated in the image and the construction sheet below [click here to see the images referred to (currently unavailable)]. The dark blue representing the vast unexplored oceans of Byrdia, white, the vast ice-sheets that currently cover the landscape, red, the sacrifice of humanity, the seven pointed star, the love and hope on which this Republic is built upon, are all represented in the flag. A geometrical representation of the Ningen, the national animal, is also present in the white fields. As a whole the flag can also be seen to represent the melting of the ice into the vast ocean, and the blood which this anthropogenic destruction has spilled. This flag may be flown horizontally, with the hoist opposite of the chevrons and stars, so that the pole side is the same as that of the star, or vertically, again with the chevrons and stars on the pole side, in this case up.





§ 5.

The official motto of The United Republic of Byrdia shall henceforth be “Uniri per aequitatem”, or in English, “United through equity”.





§ 6.

The national animal of the The United Republic of Byrdia shall be the mythical Ningen.





§ 7.

The official emblem of The United Republic of Byrdia for purposes of official documents shall be in the fashion of the one illustrated below. [click here to see the image referred to (currently unavailable)]





§ 8.

The National Anthem of The United Republic of Byrdia shall henceforth be Georges Bizet’s “L'Arlésienne Suite – Farandole”.





§ 9.

The official language of The United Republic of Byrdia shall be English.





§ 10.

The capital of The United Republic of Byrdia shall lie within the territory of Byrdia.





§ 11.

In order to amend § 4, 5, 6, 7, 8, 9 and 10 in Article VII, or otherwise adding new sections pertaining to symbolism of the Republic, this constitution makes an exception and allows such changes to occur through a majority vote in The People’s Curia.





EIGHTH ARTICLE: LEGALITY

§ 1.

This constitution shall serve as the Supreme law of The United Republic of Byrdia and as such shall be directly enforceable before all courts in The United Republic of Byrdia. All acts passed by the Curia, all international treaties signed by the The Executive Council and all Executive Measures issued by the The Executive Council shall comply with the Constitution; all contracts between any individuals or things, including all branches of public administration, made under the jurisdiction of The United Republic of Byrdia, shall comply with the Constitution.





§ 2.

This constitution is amendable.





§ 3.

In order to amend the constitution, two referendums following the same criteria as the election for The People’s Curia in Article II, § 2, must be held 3 years apart. Only if the proposed amendment passes with a majority in both referendums may the constitution be amended.





§ 4.

This constitution is first ratified once all members of the Foundational Committee sign.





§ 5.

An amended version of this constitution is ratified by the signature of the acting First Consul and their The Executive Council once the amendment has passed the procedure outlined in Article VIII § 3.





§ 6.

The de-ratification of this constitution, and thereby dissolution of The United Republic of Byrdia as outlined in this constitution is possible only through two referendums following the same criteria as the amendment process in Article VIII, § 3, followed by a unanimous vote by The People’s Curia and the signatures of every member of The People’s Curia. Furthermore, the de-ratification of this constitution requires that another be created in its place and ratified within no more than 24 hours of the completion of the process of de-ratification.







