2022 Constitution of the Federal Republic of Solemania

FEDERAL REPUBLIC OF SOLEMANIA
PARLIAMENT OF SOLEMANIA
PARUVIA, LEEYLAND TERRITORY

First Temporary Junta

WORK IN PROGRESS

Preamble

WE, the people of Solemania,

INSPIRED by the many forms of patriotism alive in the history of Solemania, striving to fight for a free, and liberated Solemania;

by the indigenous communities among the Solemani archipelago who resisted submission to the Daux;

by the slaves who resisted their masters;

by those who fought for the liberty of the Solemani islands;

by the various war heroes who defended Solemania, even in its darkest hours;

by those who contributed the formation of the constitution, to the day that this constitution was finalized; and

by the many contributions, both big and small, that provided pride to the peoples of Solemania

RECOGNIZING the diverse people whom inhabit the Solemani islands;

the indigenous peoples who's ancestors sailed across the oceans, to find land to settle upon, their ownership of the islands, their unique culture, religion, customs, traditions and language;

the Daux immigrants who's ancestors inhabited the newly colonized Solemania, their culture, religions, customs, traditions and languages;

the descendants of the slaves that were shipped from Daux colonies during the colonization period, their culture, religions, customs, traditions and languages; and

those who migrated to the Solemani islands for peace and/or safety, their culture, religions, customs, traditions and languages.

DETERMINED to fulfil the legacy that our national heros fought for, the martyrs who fought the Daux for the ownership of the islands who were trying to occupy the princely states, the pirates who wanted to liberate Solemania and make it an egalitarian society, the warriors who fought in its fight for freedom, and the countless other revolts that happened across the archipelago.

COMMITTED to prevent a greater Solemani civil war between the three major divisions of Solemania: Sakuille, Turkém, and Mahapur, and the various minority and native groups against Solemania.

DECLARE that all peoples within the islands that was once believed to be patronized by Xa'kusao, are equal and independent in all respects, as-well as united as one;

RECOGNIZE that this constitution is the common law of the islands, and to provide a framework for future amendments;

COMMITTED to the recognition and protection of universal human rights, and the preservation of human dignity and freedom;

DECLARE our will to make a society that is founded on the beliefs of egalitarianism, individualism, liberty, peace and progress.

AND HEREBY ESTABLISH THIS CONSTITUTION FOR THE FEDERAL REPUBLIC OF SOLEMANIA, UNDER THE LEADERSHIP OF THE ETERNAL DICTATOR IN WHICH THIS NATION STANDS.

Chapter 1: Preliminary

Article 1: Name

The official name of this constitution may be cited as the 2022 Constitution of the Federal Republic of Solemania

Chapter 2: The Federal Republic and Constitution

Article 2: Federal Republic of Solemania

Solemania shall be a sovereign federal republic to be known officially as the Federal Republic of Solemania

Article 3: The Principles of Federal Republic

The Federal Republic is founded on the values of-
1. common unity between the islands of Solemania;
2. the preservation the unique and diverse culture of Solemania;
3. protecting the liberty and the rights of the people;
4. safeguarding the independence and sovereignty of the country;
5. ensuring the greatest possible lives for the people;
6. an independent, impartial, competent, and accesible system of government;
7. transparency and accountability;
8. peace between Solemania and the world; and
9. a sustainable and efficient relationship with nature.

Article 4: National Symbols

The official languages are Solemanium and English.
The capital of the Federal Republic of Solemania is Paruvia
The flag of the Federal Republic is the Sarture Bay Flag, a tricolor of blue, white and red.
The national anthem is the war-hymn The Battle on Sarture Bay.
The coat of arms is the shield of the lone hawk.
The laws of the Federal Republic of Solemania define its identities, how it is used, and conserved.

Article 5: Supremacy of the Constitution

This constitution is the supreme law of the state.
This constitution shall be upheld by all the citizens of the Federal Republic of Solemania, including those who serve public positions, and the obligations imposed by this constitution fulfilled.
Subject to the provisions in the constitution, any law who conflicts it will be deemed invalid, because of its inconsistency with the constitution.
This constitution is enforced by the people's court to ensure that-
1. laws and conduct abide by the constitution;
2. the foundations of this constitution are protected; and
3. duties are preformed.
Any attempt to suspend or repeal this constitution, even by the Eternal Dictator, will not be allowed. The constitution can only be amended, or rewritten.
Any attempt to establish a government within the Federal Republic, other than in compliance with the constitution, shall be considered invalid, and-
1. anything to further attempt is invalid and of no force and effect; and
2. no immunities can be lawfully be granted under any law to any entity, taken or not taken in an in furtherance of an attempt.

Article 6: Amendment of Constitution

Subject to this article, the Legislature can pass a law to amend the articles of this Constitution.
In this article, "amendment" includes additions and repeals.
A bill seeking to amend any provision in this constitution shall not be passed by parliament by the votes of not less than two-thirds of the total number of members of Parliament (excluding nominated members.)

Article 7: Principles of Constitutional Interpretation

Any entity interpreting this constitution must promote the spirit, purpose, and object of this constitution, and the values that this constitution imposes.
If a law appears to be inconsistent with the constitution, the court must adopt a reasonable interpretation of the law with the provisions of this Constitution over an interpretation that is inconsistent with this Constitution.
The constitution is to be adopted in English, and translations made in Solemanium must be available at some point in the future.
If there a difference in the provisions between the English and Solemanium translations, the English translation will be used.

Article 8: Secularism

Religious liberty, recognized in the Bill of Rights, is a founding principle of the state
Religious belief is personal, such as any other beliefs.
The church and state are separate, which means-
1. the state, and the peoples holding public office, must treat all religions equally;
2. the state, and the peoples holding public office, must not dictate any religious belief;
3. the state, and the peoples holding public office, must not prefer or advance, by any means, any religion, religious denomination, religious belief, or religious practice over another, or over any non-religious belief; and
4. no entity shall assert any religious belief as a legal reason to disregard this constitution or any other law in the Federal Republic of Solemania.

Article 9: Citizenship

All citizens of the Federal Republic of Solemania will be known as Solemanis (singular: Solemani)
Subject to the articles of this Constitution, all Solemani citizens have equal status and identity, meaning that they are equally-
1. entitled to all the rights, privileges and benefits of citizenship; and
2. subject to the duties and responsibilities of citizenship.
Only registration can grant Solemani citizenship, yet any individual who was designated a citizen before the fifteenth of January, 2023, will be recognized as one without further registration.
Citizens of Solemania may hold multiple citizenship, meaning-
1. upon accepting the citizenship of a foreign country, a person remains a citizen of Solemania unless he or she renounces that status;
2. a former citizen of Solemania, who lost that citizenship upon acquiring foreign citizenship, may regain citizenship of Solemania, while retaining that foreign citizenship unless the laws of that foreign country provide otherwise; and
3. upon becoming a citizen of Solemania, a foreign person may retain his or her existing citizenship unless the laws of that foreign country provide otherwise.
A written law shall prescribe-
1. the conditions upon which citizenship of Solemania may be acquired and the conditions upon which a person may become a citizen of Solemania;
2. procedures relating to the making of applications for citizenship;
3. conditions relating to the right to enter and reside in Solemania;
4. provisions for the prevention of statelessness;
5. rules for the calculation of periods of a person's lawful presence in Solemania for the purpose of determining citizenship;
6. provisions relating to the renunciation and deprivation of citizenship; and
7. such other matters as are necessary to regulate the granting of citizenship.

Chapter 3: Bill of Rights

Article 10: Application

This chapter binds the legislative, executive and judicial branches of government at all levels, and every person performing the functions of any public office.
The State and every person holding public office must respect, protect, promote and fulfil the rights and freedoms recognized in this Chapter.
A provision of this Chapter binds a natural or legal person, taking into account—
1. the nature of the right or freedom recognized in that provision; and
2. the nature of any restraint or duty imposed by that provision.
A legal person has the rights and freedoms recognized in this Chapter, to the extent required by the nature of the right or freedom, and the nature of the particular legal person.
The rights and freedoms set out in this Chapter apply according to their tenor and may be limited by-
1. limitations expressly prescribed, authorized or permitted (whether by or under a written law) in relation to a particular right or freedom in this Chapter;
2. limitations prescribed or set out in, or authorized or permitted by, other provisions of this Constitution; or
3. limitations which are not expressly set out or authorized (whether by or under a written law) in relation to a particular right or freedom in this Chapter, but which are necessary and are prescribed by a law or provided under a law or authorized or permitted by a law or by actions taken under the authority of a law.

Article 11: Interpretation of the Chapter

In addition to complying with Article 5, when interpreting and applying this chapter, a court, tribunal, or other authority-
1. must promote the values that underlie a democratic society based on human dignity, equality and freedom; and
2. may, if relevant, consider international law, such as the Universal Declaration of Human Rights, which is applicable to the protection of the rights and freedoms in this chapter
This chapter does not deny, or prevent the recognition of any other right or freedom recognized or conferred by common or written law, except when it is inconsistent with the chapter.
A law that limits a right or freedom set out in this chapter is not invalid solely because the law exceeds the limits imposed by this chapter if the law is reasonably capable of a more restricted interpretation that doesn't exceed those limits, and in that case, a law must be constructed in accordance with a more restricted interpretation.
When deciding any matter according to common law, a court must apply, and where necessary, develop common law in a manner that respects the rights and freedoms recognized in this chapter.
In considering the application of this chapter to any particular law, a court must interpret this chapter contextually, having regard to the content and consequences of the law, including its impact upon individuals or groups of individuals.

Article 12: Freedom Under Law

Freedom based on law consists of the least restriction of activities on individuals consistent with the public welfare, the maintenance and development of the Federal Republic and Solemani society in accordance to this Constitution and its principles.
Everyone has the right to freedom based on law, and accordingly, subject to this constitution-
1. everyone has the legal right to do anything that-
  1. does not injure others, or interfere with the rights and freedoms of others; and
  2. is not prohibited by law; and
2. no-one may be-
  1. legally obliged to do anything which is not required by law; and
  2. prevented by law from doing anything which complies with the provisions of paragraph ( a ).

Article 13: Right to Life

Everyone has a right to life. The death penalty is prohibited.

Article 14: Human Dignity

Human dignity is to be respected and protected.
Torture or any form of cruel, inhumane, or degrading treatment or punishment are prohibited.

Article 15: Right to Personal Liberty

A person must not be deprived of personal liberty except-
1. for the purpose of executing the sentence or order of a court, wether handed down in Solemania or elsewhere, in respect of a valid offense which the person has been convicted;
2. for the purpose of executing an order of a court punishing the person for the contempt of court or of another court or tribunal;
3. for the purpose of executing an order of a court made to secure the fulfillment of an obligation on the person by law;
4. for the purpose of bringing the person before a court in execution of an order of a court;
5. if the person is reasonably suspected of having committed an offense;
6. with the consent of the person’s parent or lawful guardian or upon an order made by a court, for the purpose of the person’s education or welfare during any period ending not later than the date of his or her 18th birthday;
7. for the purpose of preventing the spread of an infectious or contagious disease;
8. for the purpose of the person’s care or treatment or for the protection of the community if he or she is, or is reasonably suspected to be, of unsound mind, addicted to drugs or alcohol, or a vagrant; or
9. for the purpose of preventing the unlawful entry of the person into Solemania or of effecting the expulsion, extradition or other lawful removal of the person from Solemania.
Subsection ( 1 )( c ) does not permit a court to make an order depriving a person of personal liberty on the ground of failure to pay maintenance, or a debt, fine or tax, unless the court considers that person has willfully refused despite having the means to do so.
If a person is detained pursuant to a measure authorized under a state of emergency-
1. the person must, as soon as is reasonably practicable and in event within 7 days after the start of the detention, be given a statement in writing, in a language that the person understands, specifying the grounds of the detention;
2. the person must be given an opportunity to communicate, and to be visited by-
  1. his or her spouse, partner or next-of-kin;
  2. a legal practitioner;
  3. a religious counsellor or social worker; and
  4. a medical practitioner;

Article 16: Equality Before the Law

Every person is equal before the law.
No person is to be discriminated against, by their origin, race, gender, age, language, social position, way of life, religion, ideological or political beliefs, or because of a physical, mental or psychological disability.
Men and women have equal rights, and the law must protect and ensure such equality, both legally and in practice, especially in the household, in education, and in the workplace. Men and women are to be paid the same for work of equal value.
Children shall be treated equally and as individuals and they shall be allowed to influence matters pertaining to themselves to a degree corresponding to the level of their development
The law shall provide for the elimination of inequalities that affect people with disabilities.

Article 17: Freedom from Slavery, Servitude, Forced Labor and Human Trafficking

A person must not be held in slavery of servitude, or subjected to forced labor or human trafficking.
In this section, "forced labor" does not include-
1. labor required in consequence of a sentence or order of a court;
2. labor reasonably required of a person serving a term in imprisonment, wether or not required for the hygiene or maintenance of a prison; or
3. labor required of a member of a disciplined force for his or her duties.

Article 18: Right to Privacy

Every person has the right to privacy in their private and family life, and in relation to their mail and telecommunications. More detailed provisions on the protection of personal data are laid down by an Act.
Every person has the right to be protected against the misuse of their personal data.

Article 19: Freedom from Unreasonable Search and Seizure

Everyone has the right to be secure from unreasonable search of his or her person or property and against unreasonable seizure of his or her property.
Search and seizure are not permissable otherwise under the authority of the law.

Article 20: The Principle of Legality in Criminal Cases

No one shall be found guilty of a criminal offense or be sentence to a punishment in basis of a deed, which has not yet determined punishable by a written law under the time of its commission.
The penalty imposed for an offense shall not be more severe than that provided under law at the time of the commission of the offense.