Draft Constitution of Alphistia - 2005


Preamble

We are a nation, and we call our country Alphistia. We come from many lands to create a new society, and to provide ourselves lives of freedom, order, justice, and prosperity.

National Government

1 - Alphistia is a republic.

2 - The people are the rulers of Alphistia. They rule through their representatives in the elected assemblies.

3 - The national assembly is called the Kilrete.

4 - The Kilrete meets in the national capital, Enteve.

5 - A national election is held every three years.

6 - The Kilrete consists of 75 members. It is elected for a three year term, using a system of proportional representation with the entire country as one constituency. A party must receive at least 5 percent of the vote in order to gain a seat in the Kilrete.

7 - The party receiving the most votes has the right to form a government. If its percentage of the vote is less than 50%, it must form a coalition with one or more other parties. Together the total of the votes received by the member parties must be more than 50%. In the interim, the former government continues in power as a caretaker.

8 - The Kilrete makes all the national laws which the government implements and the courts enforce.

9 - The Kilrete creates a national budget for each year.

10 - The Kilrete legislates the taxes which pay the expenses of the national budget.

11 - The leader of the government is called the Spor.

12 - The Spor is the head of the party with the most votes in a national election.

13 - The Spor may serve for a maximum of 9 years or three three-years terms.

14 - The Spor selects the other members of the government - the Stat Rad.

15 - The government consists of the Spor and the members of the Stat Rad. The Stat Rad must consist of elected members of the Kilrete. Each Stat Rad member is responsible for the administration of one or more of the ministries.

16 - The ministries are composed of permanent employees of the civil service. Only the head of each ministry is a political appointee.

17 - The ministres are: Finance, Industry, Agriculture, Electricity, Culture, Education, Justice, Transportation, Telecommunications, Social Services, Health, Environment, Defense, Tourism, Foreign Affairs, and Planning.

Local Government

18 - The local assemblies are called Samenten.

19 - Each province has its own Samente. There are nine provinces in Alphistia: Sakasavesa, Taveola, Dalvarne, Valeta, Morea, Opole, Branoe, Sioto, and Arden.

20 - Elections to each provincial Samente are held every 3 years. Voting is according to a system of proportional representation, with each province as one constituency.

21 - Each town has its own Samente, with a minimum of 3 elected members. Elections are held in the same way as for provincial and national elections.

Courts

22 - The highest court is called the Stat Kort. It consists of five judges. Its members are nominated by all the judges serving on the courts of Alphistia. A simple majority of Kilrete members is required to accept the nominee. A member of the Stat Kort must be at least 50 years old, and must retire at age 75.

23 - The Stat Kort upholds and enforces the Constitution of Alphistia, and the laws legislated by the Kilrete as listed in the national code of law - the Ritkoda.

24 - Punishments and penalties are listed in the Ritkoda, and its guidelines are to be followed by judges.

25 - Local courts exist in each province and are called Rayon Korten. They consist of a single judge for lesser crimes. For serious crimes, a panel of three judges hears cases. Each province has at least one panel of three judges.

26 - Judges in each province are selected from the members of the local lawyers organization, and are subject to approval by the provincial Samente as well as the Stat Kort.

27 - The death penalty is not used in Alphistia.

28 - Juries are not used in Alphistia.

29 - Convicted citizens do not lose their right to vote.

Charter of Citizen Rights

30 - Every Alphistian citizen is equal without reference to race, national origin, color, sex, sexual orientation, or religious belief.

31 - Every Alphistian has the right to question or disagree with government policies and officials.

32 - Every Alphistian has the right to publish, broadcast or disseminate their political and personal opinions.

33 - Every Alphistian has the right to privacy at home and work.

34 - Every Alphistian has the right to privacy in correspondence, including electronic forms. Only a warrant issued by the Stat Kort can supercede this right.

35 - Every Alphistian has the right to vote at the age of 18.

36 - Every Alphistian has the right to protest peacefully, without provocation and harassment by authorities.

37 - A citizen accused of a crime is considered innocent until proven guilty by a court of law.

38 - A citizen must be charged with a crime within 24 hours of arrest.

39 - An arrested citizen is not required to answer any questions by government authorities and the government must make a defense attorney available.

40 - A citizen accused of a crime is entitled to a trial within a reasonable period of time.

41 - Trials are not televised or broadcast to the public to protect the privacy of the individual.

42 - Every Alphistian has the right to freedom from torture.

43 - Every Alphistian has the right to freedom from cruel punishments.

44 - Every Alphistian has the right to own their own business.

45 - Every Alphistian is entitled to a place to live.

Charter of Social Rights

46 - All citizens have the right to organize labor unions.

47 - All citizens have the right to organize political parties.

48 - All citizens have the right to organize civic and social organizations.

49 - All adult citizens have the right to a basic income during illness, disability, old age, unemployment, university studies, and job training.

50 - All citizens of working age have the right to maximum work of 40 hours per week, with 50% increase per hour above 40.

51 - All citizens of working age have the right to a minimum vacation time per year of 20 working days.

52 - All citizens of working age have the right to minimum leave for illness or personal emergencies, determined by government legislation.

53 - All citizens of working age have the right to employment, or employment training, or government provided work above the basic income.

54 - All citizens are free to worship as they wish, or free to be non-religious.

55 - A marriage is a union of a man and a woman, two men, or two women.

56 - Divorce is legal in Alphistia.

57 - A woman has the right to terminate a pregnancy in the first 200 days of term. In the final weeks of pregnancy, termination is permitted when there is danger to the health of the mother.

58 - Women are equal to men in all aspects of Alphistian society.

59 - Referenda on social issues are not permitted.

60 - Firearms are permitted to members of the national guard - the Lesenum Garda, licensed hunters, and other citizens approved and licensed by the Ministry of Defense.

General

61 - The official language of Alphistia is Alphistian.

62 - The official currency of Alphistia is the perante, divided into 100 pengen (one pengo).

63 - The official weight and measure system is metric.

64 - The state is separate from all religious institutions in Alphistia.

65 - There is no religious instruction in state-supported schools.

66 - There are no prayers or religious invocations at state functions.

67 - All religious institutions must pay taxes. All clerics must pay income taxes.

68 - Alphistia does not have a standing army. The Lesenum Garda is made up of the national police, border control officials , and security forces. In emergencies, the Garda is empowered to establish a military force to protect the homeland.

69 - Elected officials at all levels and appointed judges are not immune from the laws of the Constitution and the Ritkoda. They may be removed from office if convicted of a crime.

70 - This Constitution may be amended as needed. Proposed changes or new articles must have a 3/4 approval of all members of the Kilrete and a 3/4 approval of voters in a referendum, in which more than 2/3 of eligible voters participate.

71 - Non-citizens who live in Alphistia have the protection of the state to guarantee their human rights.

72 - This Constitution adheres to international norms of human rights for all its citizens and non-citizens living in Alphistia, in accordance with the Universal Declaration of Human Rights.