the CONSTITUTION, for a sane society

Preamble

We believe that it is the inalienable right of the all people to have freedom and to enjoy the fruits of their toil and have the necessities of life, so that they may have full opportunities of growth. We believe also that if any government deprives a people of these rights and oppresses them the people have a further right to alter it or abolish it.

Incorporated in this constitution is the UN charter of Human Rights.

 

Institutions protect the rights and responsibilities of every individual and this constitution is intended to form and protect these institutions.

 

Every citizen of the country has equal status to all others and the state will endeavour to provide a minimum standard of living for every statement as outlined under Article 12.

 

Definitions

The National (Republic/Monarchy) Parliament, referred to as “The Parliament” the highest level of government within the Nation State. (e.g. UK)

The State, Country Parliament (e.g. Scotland)

The Regional Parliament County Government.

Local Government. Local government (e.g. Parish/Town councils)

 

Residents, People with the right of abode in the United Kingdom.

Citizens, People full rights and protection of the United Kingdom.

 

Article 1. Governance

Section 1

 

All legislative Powers herein granted shall be vested in the National Parliament of the United Kingdom, which shall consist of two chambers, The House of Representatives and the House of Congress

 

Section 2. see Annex 1 Electoral system

Elections to all Parliaments, see annex 1

The First House, elections will be held at least every 5 years. Each constituency will be consisting of approx. 100,000 residents. The election process will be by transferable vote.[i]

Every representative will belong to a party registered with the election commission.[ii]

The Second House, will consist of a hundred representatives. These people will be appointed from lists put forward by the parties in proportion to the first votes in the election to the House of Representatives at the same time.[iii]

All legislation must be approved by both houses with more than 50% of the vote of each house.

Section 3

Every UK citizen/resident over 16 years will be entitled to one vote.

Section 4

All representatives must be over 30 years.

No representative can hold more than one position with the exception of the Local Government member

Section 5

Authority of the National Parliament.

1.      To set international/diplomatic objectives to be supported by the head of state. If the feel they cannot support the Government in this the policy will then put before the state parliaments and if approved by all the head of state must resign.

2.      Decisions related to foreign policy including war.

3.      Strategic decisions for the whole country regarding.

4.      Make 2 appointments to the supreme court

5.      Tax legislation regarding imports and exports.

6.      Changes to this Constitution (60% majorities required, by this parliament and each State Parliaments)

Responsibilities of the National Parliament

1.      To form a government

2.      To protect the population from adverse/global effects.

3.      To propose a Head of State if a vacancy occurs or the current incumbent is thought to not performing their duties to a satisfactory manner. The person proposed must be approved by the National parliament and all state parliaments by a simple majority.

Section 6.

State Parliament.

Each constituency to exist of approx. 75 000 voters and the representatives voted in by transferable vote.[iv]

Authority of the State Parliament.

1.      Legislation regarding criminal and civil law.

2.      Transport legislation.

3.      Health and Safety legislation

4.      Strategic planning

5.      To set income tax and wealth taxes

6.      To set benefit levels

Responsibilities of State Parliament

1.      To form a government

2.      To collect and distribute income and wealth taxes

3.      To facilitate health facilities.

Section 7.

Regional Government.

Each constituency to exist of approx. 75 000 voters and the representatives voted in by transferable vote.[v]

Authority of the Regional Parliament.

1.      To approve the supreme court personal.

2.      Planning.

3.      To set and collect property taxes, and distribute such taxes.

Responsibilities of Regional Parliament

1.      To collect and distribute income and wealth taxes

2.      To facilitate health facilities

Section 9.

Local Government.

Each area to exist of approx. 3 000 voters and the representatives see above. There will be one representative for every 300 voters. There will be no second chamber.

Authority of the Local Government.

1.      Local policing.

2.      Residential planning.

3.      Strategic planning Consultative only

4.      To set and transport and local sales taxes and to distribute said taxes to local projects.

Responsibilities of Local Government, will only

1.      To facilitate health facilities.

2.      To provide sports facilities.

Section 10.

Head of Nation

1.      To be the diplomatic head of the Nation.

2.      To sign off all legislation before it becomes law. (If he refuses the legislation must be approved by all State Governments by a simple majority before it becomes law, in which case the Head of State must resign and another appointed with approval of the National and all State parliaments )

3.      To discuss the affairs of state, especially foreign affairs, with the Prime Minister and upto 2 other ministers at the prime minister’s choosing, on a regular basis.

Appointments to the position

The National government must propose an individual who then has to be approved by all houses the National Parliament and all house of the State Parliament.

Article 2

This constitution upholds the independence of the institutions of the Judiciary, the Media and the Government.

The supreme court will comprises of two members appointed by each state parliament and two by the National parliament enforces the laws brought in by the regional governments hence keeping its independence. They will hold their positions for life or retirement/resignation. Any member will be required to resign if it an unanimous wish of  the other members of the supreme Court.

The media and its independence is upheld by a joint committee of the regional governments.

Article 3.

The sovereignty resides in the people, from whom all of the power of the State emanates. That power is exercised directly or through the Assemblies of the People’s Power and other organs of the State derived from them, in the manner and according to the rules established by this Constitution and the laws.

Article 4.

All residents are equal before the law, and fines will be issued according to the wealth of the guilty party.

Article 6.

Bill of Rights (see annex 2) will apply to all people within the Nation State.
This will include all visitors while in the United Kingdom.

Article 7.

The Residents (all people residing in the UK)

Rights and Responsibilities

Residency is open to anyone who wants it (except for Non UK citizens, who have committed serious crimes* and convicted of such by a UK recognised court)

Residency is assumed on all births in the UK and to others on request. All residents will be issued with a “Card/number”.

This card will be null and void if the individual takes out residency of another state, or is removed by the State for committing a serious crime.

Residents cannot have any other residency of any other Nation State.

They must comply with the following: -

1.      All laws of the governments under which they reside.

2.      Recognise the UK courts.

3.      Pay all taxes on worldwide assets and income to the UK Parliaments as laid out by the governments where they reside.

Article 8

Citizenship is granted to all children born a UK Citizen. If only 1 parent is a UK citizen and the other is a UK resident the child will also be granted UK citizenship.

All residents who have had their residency for 5 years or more will be eligible to apply for citizenship. The criteria will be set out by legislation approved by the Nation State Government.

Citizens cannot have any other citizenship.

1.      All laws of the governments under which they reside.

2.      Recognise the UK courts.

3.      Pay all taxes on worldwide assets and income to the UK Parliaments as laid out by the governments where they reside.

In return they will be entitled to the following:-

1.       a UK passport

2.      A right to consular services when abroad, as approved by legislation approved by the Nation State Parliament.

3.      The right of abode in the United Kingdom, which includes their partner and their children. The partner if not a UK citizen must take out residency. The children will also need to take out residency or citizenship.

Annex 1

 

The National Government Election will occur either after 6 years or when a government cannot be formed.

 

The election process for all governments except the lowest level see below

Each potential representative must belong to a political party as held by the electoral commission who will hold a list of names and the person or organisationA1 that put the name forward.

 

Each Political Party standing in the election will have the option to prepare a list of potential members of the second chamber, up to 100 members.

 

The election

Each electorate will be entitled to one vote. The ballot will contain all the potential representatives and their parties in the electorates constituency. Who they will list in order of preference where 1 = favourite to x = least. Ballots that are returned without a 1^st choice will be discarded.

 

The total numbers of first choices for each party will be sent to the electoral office, for collating for the second chamber, see below.

 

When all the first choices are added together and one candidate achieves more than 50% of the original vote, they will be duly elected. If this is not the case, the person/party with the lowest number of first choices ballots their second choices will be added to the totals for the other candidates. If there still is no candidate with more than 50% of the original vote. The second choice of the new least popular candidate will be added to the totals for the other candidates. (if the second choice has already been eliminated these ballots will be put to one side, in case there is a requirement for third preferences, see below)

This procedure will continue until one candidates more than 50% of the original vote.

If no one achieves more than 50% of the vote after all the second choices have been attributed to the surviving candidates. The unattributed ballots third choices will be added to the surviving candidates, if this candidate has already been eliminated these ballots will be put to one side in case a fourth preference is required.

This procedure will continue until one candidate receives more than 50% of the original vote.

In the possibility that at the end of the process no one receives more than 50% of the vote, due to discarded ballots. The candidate with the most on discarded votes wins the election.

In the case of a tie a rerun of the election must be conducted as soon as possible.

 

The electoral commission will coordinate the totals for the first choices and distribute them to the 100 candidates from the lists provided by the parties. Each party will acquire a place in the second chamber per percentage point. All percentages will be rounded. It is possible that there may not be exactly a hundred positons which is acceptable.

 

 

ANNEX 2 Bill of Rights

 

1.      This Bill of Rights is a cornerstone of democracy in United Kingdom. It enshrines the rights of all people in our country and affirms the democratic values of human dignity, equality and freedom.

2.      The UK governments must respect, protect, promote and fulfil the rights in this Bill of Rights.

3.      The Bill of Rights applies to all law, and binds the legislature, the executive, the judiciary and all organs of state.
a. A provision of the Bill of Rights binds a natural or a juristic person if, and to the extent that, it is applicable, taking into account the nature of the right and the nature of any duty imposed by the right.
b. When applying a provision of the Bill of Rights to a natural or juristic person in terms
of subsection (2), a court—
(a) in order to give effect to a right in the Bill, must apply, or if necessary develop, the common law to the extent that legislation does not give effect to that right; and
(b) may develop rules of the common law to limit the right, provided that the limitation is in accordance with section 36(1).
(4) A juristic person is entitled to the rights in the Bill of Rights to the extent required by the nature of the rights and the nature of that juristic person.

4.      Equality
Everyone is equal before the law and has the right to equal protection and benefit of
the law.
Equality includes the full and equal enjoyment of all rights and freedoms. To promote the achievement of equality, legislative and other measures designed
The state may not unfairly discriminate directly or indirectly against anyone on one or more grounds, including race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language and birth.
No person may unfairly discriminate directly or indirectly against anyone on one or more grounds in terms of subsection

5.      National legislation must be enacted to prevent or prohibit unfair discrimination.
Discrimination on one or more of the grounds listed in subsection (4) is unfair unless
it is established that the discrimination is fair.

6.      Human dignity and Life
Everyone has inherent dignity and the right to have their dignity respected and protected.
Everyone has the right to life.

7.      Freedom and security of the person
Everyone has the right to freedom and security of the person, which includes the
right—
(a) not to be deprived of freedom arbitrarily or without just cause;
(b) not to be detained without trial;
(c) to be free from all forms of violence from either public or private sources;
(d) not to be tortured in any way; and
(e) not to be treated or punished in a cruel, inhuman or degrading way.
(2) Everyone has the right to bodily and psychological integrity, which includes the
right—
(a) to make decisions concerning reproduction;
(b) to security in and control over their body; and
(c) not to be subjected to medical or scientific experiments without their informed
consent.

8.      Slavery, servitude and forced labour
 No one may be subjected to slavery, servitude or forced labour.

9.      Privacy
Everyone has the right to privacy, which includes the right not to have—
(a) their person or home searched;
(b) their property searched;
(c) their possessions seized; or
(d) the privacy of their communications infringed.

10.  Freedom of religion, belief and opinion
Everyone has the right to freedom of conscience, religion, thought, belief and
opinion.
Religious observances may be conducted at state or state-aided institutions,
provided that—
(a) those observances follow rules made by the appropriate public authorities;
(b) they are conducted on an equitable basis; and
(c) attendance at them is free and voluntary.

11.  Marriages
All marriages will be registered by the State
This section does not prevent legislation recognising—
(i) marriages concluded under any tradition, or a system of religious, personal or family law; or
(ii) systems of personal and family law under any tradition, or adhered to by persons professing a particular religion.

12.  Freedom of expression
Everyone has the right to freedom of expression, which includes—
(a) freedom of the press and other media;
(b) freedom to receive or impart information or ideas;
(c) freedom of artistic creativity; and
(d) academic freedom and freedom of scientific research.
These rights do not extend to
(a) propaganda for war;
(b) incitement of imminent violence; or
(c) advocacy of hatred that is based on race, ethnicity, gender or religion, and that constitutes incitement to cause harm.

13.  Assembly, demonstration, picket and petition
Everyone has the right, peacefully and unarmed, to assemble, to demonstrate, to picket
and to present petitions.

14.  Freedom of association
Everyone has the right to freedom of association.

15.  Political rights
Every resident is free to make political choices, which includes the right—
(a) to form a political party;
(b) to participate in the activities of, or recruit members for, a political party; and
(c) to campaign for a political party or cause.
(2) Every resident has the right to free, fair and regular elections for any legislative body established in terms of the Constitution.
(3) Every adult resident has the right—
(a) to vote in elections for any legislative body established in terms of the Constitution, and to do so in secret; and
(b) to stand for public office and, if elected, to hold office.
Citizenship

16.  No citizen may be deprived of citizenship.
Freedom of movement and residence
Everyone has the right to freedom of movement.
(2) Everyone has the right to leave the UK.
(3) Every citizen has the right to enter, to remain in and to reside anywhere in, the
UK.
(4) Every citizen has the right to a passport.

17.  Freedom of trade, occupation and profession
Every resident has the right to choose their trade, occupation or profession freely. The
practice of a trade, occupation or profession may be regulated by law.

18.  Labour relations
(1) Everyone has the right to fair labour practices.
(2) Every worker has the right—
(a) to form and join a trade union;
(b) to participate in the activities and programmes of a trade union; and
(c) to strike.
(3) Every employer has the right—
(a) to form and join an employers’ organisation; and
(b) to participate in the activities and programmes of an employers’ organisation.
(4) Every trade union and every employers’ organisation has the right—
(a) to determine its own administration, programmes and activities;
(b) to organise; and
(c) to form and join a federation.
(5) Every trade union, employers’ organisation and employer has the right to engage
in collective bargaining.

19.  Environment
Everyone has the right—
(a) to an environment that is not harmful to their health or wellbeing; and
(b) to have the environment protected, for the benefit of present and future
generations, through reasonable legislative and other measures that—
(i) prevent pollution and ecological degradation;
(ii) promote conservation; and
(iii) secure ecologically sustainable development and use of natural resources
while promoting justifiable economic and social development.

20.  Property
No one may be deprived of property except in terms of law of general application,
and no law may permit arbitrary deprivation of property.
Property may be expropriated only in terms of law of general application—
(a) for a public purpose or in the public interest; and
(b) subject to compensation, the amount of which and the time and manner of
payment of which have either been agreed to by those affected or decided or
approved by a court.
(3) The amount of the compensation and the time and manner of payment must be just
and equitable, reflecting an equitable balance between the public interest and the
interests of those affected, having regard to all relevant circumstances, including—
(a) the current use of the property;
(b) the history of the acquisition and use of the property;
(c) the market value of the property;
(d) the extent of direct state investment and subsidy in the acquisition and
beneficial capital improvement of the property; and
(e) the purpose of the expropriation.
(4) For the purposes of this section—
(a) the public interest includes the nation’s commitment to land reform, and to
reforms to bring about equitable access to all South Africa’s natural resources;
and
(b) property is not limited to land.
(5) The state must take reasonable legislative and other measures, within its available
resources, to foster conditions which enable citizens to gain access to land on an
equitable basis.
(6) A person or community whose tenure of land is legally insecure as a result of past
racially discriminatory laws or practices is entitled, to the extent provided by an Act
of Parliament, either to tenure which is legally secure or to comparable redress.
(7) A person or community dispossessed of property after 19 June 1913 as a result of
past racially discriminatory laws or practices is entitled, to the extent provided by an
Act of Parliament, either to restitution of that property or to equitable redress.
(8) No provision of this section may impede the state from taking legislative and other
measures to achieve land, water and related reform, in order to redress the results
of past racial discrimination, provided that any departure from the provisions of this
section is in accordance with the provisions of section 36(1).
(9) Parliament must enact the legislation referred to in subsection (6).
Housing
26. (1) Everyone has the right to have access to adequate housing.
(2) The state must take reasonable legislative and other measures, within its available
resources, to achieve the progressive realisation of this right.
(3) No one may be evicted from their home, or have their home demolished, without an
order of court made after considering all the relevant circumstances. No legislation
may permit arbitrary evictions.
Health care, food, water and social security
27. (1) Everyone has the right to have access to—
(a) health care services, including reproductive health care;
(b) sufficient food and water; and
(c) social security, including, if they are unable to support themselves and their
dependants, appropriate social assistance.
(2) The state must take reasonable legislative and other measures, within its available
resources, to achieve the progressive realisation of each of these rights.
(3) No one may be refused emergency medical treatment.
Children
28. (1) Every child has the right—
(a) to a name and a nationality from birth;
(b) to family care or parental care, or to appropriate alternative care when
removed from the family environment;
(c) to basic nutrition, shelter, basic health care services and social services;
(d) to be protected from maltreatment, neglect, abuse or degradation;
(e) to be protected from exploitative labour practices;
(f) not to be required or permitted to perform work or provide services that—
(i) are inappropriate for a person of that child’s age; or
(ii) place at risk the child’s well-being, education, physical or mental health
or spiritual, moral or social development;
(g) not to be detained except as a measure of last resort, in which case, in addition
to the rights a child enjoys under sections 12 and 35, the child may be detained
only for the shortest appropriate period of time, and has the right to be—
(i) kept separately from detained persons over the age of 18 years; and
(ii) treated in a manner, and kept in conditions, that take account of the
child’s age;
(h) to have a legal practitioner assigned to the child by the state, and at state
expense, in civil proceedings affecting the child, if substantial injustice would
otherwise result; and
(i) not to be used directly in armed conflict, and to be protected in times of armed
conflict.
(2) A child’s best interests are of paramount importance in every matter concerning the
child.
(3) In this section “child” means a person under the age of 18 years.
Education
29. (1) Everyone has the right—
(a) to a basic education, including adult basic education; and
(b) to further education, which the state, through reasonable measures, must
make progressively available and accessible.
(2) Everyone has the right to receive education in the official language or languages of
their choice in public educational institutions where that education is reasonably
practicable. In order to ensure the effective access to, and implementation of, this
right, the state must consider all reasonable educational alternatives, including
single medium institutions, taking into account—
(a) equity;
(b) practicability; and
(c) the need to redress the results of past racially discriminatory laws and
practices.
(3) Everyone has the right to establish and maintain, at their own expense,
independent educational institutions that—
(a) do not discriminate on the basis of race;
(b) are registered with the state; and
(c) maintain standards that are not inferior to standards at comparable public
educational institutions.Subsection (3) does not preclude state subsidies for independent educational
institutions.
Language and culture
30. Everyone has the right to use the language and to participate in the cultural life of their
choice, but no one exercising these rights may do so in a manner inconsistent with any
provision of the Bill of Rights.
Cultural, religious and linguistic communities
31. (1) Persons belonging to a cultural, religious or linguistic community may not be denied
the right, with other members of that community—
(a) to enjoy their culture, practise their religion and use their language; and
(b) to form, join and maintain cultural, religious and linguistic associations and
other organs of civil society.
(2) The rights in subsection (1) may not be exercised in a manner inconsistent with any
provision of the Bill of Rights.
Access to information
32. (1) Everyone has the right of access to—
(a) any information held by the state; and
(b) any information that is held by another person and that is required for the
exercise or protection of any rights.
(2) National legislation must be enacted to give effect to this right, and may provide
for reasonable measures to alleviate the administrative and financial burden on the
state.
Just administrative action
33. (1) Everyone has the right to administrative action that is lawful, reasonable and
procedurally fair.
(2) Everyone whose rights have been adversely affected by administrative action has
the right to be given written reasons.
(3) National legislation must be enacted to give effect to these rights, and must—