Constitution of the Social Republic of the Novella Islands
| Constitution of the Social Republic of the Novella Islands | |
|---|---|
| Jurisdiction | Novella Islands |
| Presented | 27 August 1969 |
| Date effective | 1 January 1970 |
| Last amended | 15 January 2024 |
Preamble
- Acknowledging the enlightened settlers who, after first sighting of the Novellan Archipelago on 23 November 1621, came expressly to found a community governed by logic and reason on 7 December 1628,
- Recalling the first federation of colonies as the Union of the Novellan Colonies on 1 July 1668, the proclamation of de jure independence from the Empire of Opthelia on 25 October 1725, and the complete Federation of the Novellan Archipelago on 8 April 1775,
- Bearing in mind the struggles that culminated in the 1877 Revolution and the subsequent Communist Union of the Novella Islands, whose achievements in literacy and social welfare were shadowed by the dangers of unexamined dogma,
- Alarmed by the destructive potential of unchecked power revealed in Operation First Light, and therefore convinced that knowledge must be harnessed for peaceful ends,
- Guided by the Seven Tenets of the Intellectual Imperative, which enshrine reason, evidence, lifelong learning, truth-sharing, meritocratic stewardship, peaceful application of power, and humanist solidarity as collective duties,
- Recognising that sovereign authority resides irrevocably in the people, as was solemnly reaffirmed by the constitutional referendum of 27 August 1969,
- Determined to secure human dignity, equality, and the ecological integrity of our islands for present and future generations,
- Resolved to contribute to world peace, scientific progress, and cooperative relations among nations,
- Hereby adopt and promulgate, in the name and by the authority of the people of the Novella Islands, this Constitution of the Social Republic of the Novella Islands, establishing the Social Republic of the Novella Islands.
Chapter I: General Provisions
Article 1: Title
- This Act shall be cited as the Constitution of the Social Republic of the Novella Islands, and may be so referred to in every statute, regulation, judicial proceeding, and official instrument.
Article 2: Nature of the State
- 1. The Novella Islands is constituted as a single, indivisible, and perpetual Social Republic.
- 2. Sovereign power resides in the people, and is exercised through the institutions established by this Constitution.
- 3. The form of government is a unitary, unicameral, parliamentary republic conducted in accordance with the Intellectual Imperative and the principles hereinafter set forth. No proposal to abolish or alter that form shall be entertained, save in the manner prescribed in Chapter XIII.
Article 3: Supremacy of the Constitution
- 1. This Constitution is the supreme and binding law of the Republic.
- 2. Any legislative, executive, or judicial act contrary to its provisions shall, to the extent of the inconsistency, be void and of no effect.
- 3. All persons and authorities, civil or military, are bound to respect, uphold, and give effect to this Constitution.
Article 4: Territory of the Republic
- 1. The territory of the Republic comprises the islands, islets, internal waters, and airspace of the Novella Archipelago as recognised on 1 January 1970, together with any territory lawfully acquired thereafter.
- 2. Alteration of the territorial extent shall be effected only by Constitutional Act.
- 3. No part of the territory may be ceded, alienated, or placed under foreign sovereignty or control, except under the procedure in paragraph 2.
Article 5: Continuity of the Social Republic
- The constitutional order established by the referendum of 27 August 1969 and brought into legal force on 1 January 1970 succeeds to and replaces the order of the Communist Union of the Novella Islands.
Article 6: Sources and hierarchy of law
- 1. The sources of law, in descending order of authority, are:
- (a) this Constitution, including its preamble and annexes;
- (b) Constitutional Acts of the National Assembly, made in accordance with Chapter V;
- (c) Ordinary Acts of the National Assembly, made in accordance with Chapter V;
- (d) subordinate legislation, validly made thereunder;
- (e) valid customary rules, to the extent that they are consistent with the written law.
- 2. A Constitutional Act may amend or repeal any other Constitutional Act, but may not amend or repeal this Constitution, save in the manner prescribed in Chapter XIII.
Article 7: Authentic language and texts
- 1. The authentic language of this Constitution and of Acts of the National Assembly is Novellan English.
- 2. Where authorised translations are published they are for guidance only and shall, in case of divergence, yield to the Novellan English text.
- 3. The National Assembly may enact legislation providing for the authoritative status of concordant multilingual texts.
Article 8: Calendar and legal time
- 1. Legal dates shall be reckoned by the Novellan universalised calendar.
- 2. Standard national time and the observance of any daylight-saving arrangements shall be regulated by Act of the National Assembly.
- 3. Where reference is made to "Census Day", it shall mean the third Monday of January, unless the National Assembly prescribes another fixed day by Constitutional Act.
Article 9: Legal capacity of the Republic
- 1. The Republic enjoys full juridical personality in domestic and international law.
- 2. It may sue and be sued, own and dispose of property, enter into contracts, incur obligations, and exercise such other capacities as are incidental to statehood.
Article 10: Principle of purposive and evidence-based interpretation
- In the construction of this Constitution and of all legislation, every court, tribunal, and authority shall adopt a purposive approach having regard to:
- (a) the words used, read in their context and in the light of the Intellectual Imperative;
- (b) the object and policy of the provision; and
- (c) the best available scientific and historical evidence.
Article 11: Definitions
- 1. For the purposes of this Constitution, unless the context otherwise requires:
- (a) "Act" or "Act of the National Assembly" means any legislation enacted pursuant to Article 70 and assented to under Article 72;
- (b) "Constitutional Act" means an Act of the National Assembly passed by the majority prescribed in Article 70 paragraph 2;
- (c) "Citizen" means a person holding the nationality of the Social Republic in accordance with Chapter III;
- (d) "Minister" means a member of the Cabinet appointed under Article 80;
- (e) "Ordinary Act" means an Act that is not a Constitutional Act;
- (f) "Regulation" includes any rule, order, or subordinate instrument having legislative effect;
- (g) "Voting", in the context of any vote, division, or ballot of the National Assembly, means the casting of an affirmative or negative vote.
- 2. The National Assembly may by Constitutional Act supply or amend further interpretative provisions.
Article 12: Promulgation and commencement of laws
- 1. Every Act shall, upon receiving the assent of the First Minister, be published forthwith in the Official Gazette together with its reason docket.
- 2. No law shall take effect prior to such publication unless the law expressly provides for retrospective operation and the Constitutional Court has certified, upon application by the National Audit Office, that retrospective operation is justified by compelling evidence in the public interest.
- 3. Subordinate legislation shall be registered in the Gazette within fourteen days of making and shall take effect on the date of registration or on such later date as it may specify.
Chapter II: Foundational Principles
Article 13: The Intellectual Imperative
- 1. The Seven Tenets of the Intellectual Imperative set out verbatim in Annex A are hereby declared to be of permanent constitutional force.
- 2. Every organ of state and every citizen shall give effect to the Seven Tenets in exercising powers and performing duties.
Article 14: Secularism and rejection of superstition
- 1. The Republic shall not establish any religion, impose any religious observance, or endorse superstition in public affairs.
- 2. Freedom of personal belief is guaranteed, provided that its manifestation does not contravene law founded upon evidence and reason.
Article 15: Evidence-based governance
- 1. All public policy shall be formulated, implemented, and evaluated on the basis of transparent, replicable evidence.
- 2. For every legislative, regulatory, or administrative measure of general application, a reason docket shall be compiled and made publicly available in accordance with Article 121.
- 3. Failure materially to comply with paragraph 2 renders the measure voidable on application to the Constitutional Court.
Article 16: Separation of powers
- 1. Legislative power is vested in the National Assembly.
- 2. Executive power is vested in the First Minister and Cabinet.
- 3. Judicial power is vested in the Courts established by or under this Constitution.
- 4. No branch shall usurp the essential functions of another.
Article 17: Parliamentary system and responsibility
- 1. The Cabinet remains in office only so long as it enjoys the confidence of the National Assembly.
- 2. The First Minister and Ministers are collectively and individually answerable to the National Assembly for the exercise of executive power.
Article 18: Rule of law, legality, and equality
- 1. Government shall be conducted in accordance with law, which shall be clear, public, and prospective.
- 2. All persons are equal before the law and entitled, without discrimination, to the equal protection and benefit of the law.
Article 19: Meritocratic civil service
- 1. Entry to the civil service shall be by open competition based on merit as determined by the Civil Service Commission.
- 2. Promotion, discipline, and removal shall likewise be grounded in objectively assessed competence and integrity.
- 3. Civil servants owe their loyalty to the Constitution and not to any political party.
Article 20: Peaceful application of power
- 1. Public power shall be exercised primarily to safeguard human life, self-determination, and sustainable coexistence.
- 2. Every coercive measure shall pass periodic audits of necessity, proportionality, and restorative action, the methodology of which shall be prescribed by Constitutional Act.
Article 21: Sustainable coexistence
- 1. The State and every citizen share a duty to respect ecological boundaries, conserve biodiversity, and safeguard resources for future generations.
- 2. Legislation and policy shall be assessed for long-term sustainability impacts in accordance with procedures laid down by Act.
Article 22: Human dignity and solidarity
- 1. Human dignity is inviolable and shall be respected and protected by all organs of state.
- 2. Social and economic policies shall aim at the inclusive enhancement of every person's material, cultural, and emotional wellbeing.
Article 23: Dualist approach to treaties
- 1. The Republic may sign and ratify treaties; no treaty shall have force in domestic law unless implemented by Constitutional Act, save in the manner prescribed in Article 151.
- 2. A proposal to ratify a treaty shall not be submitted to the National Assembly unless the Government demonstrates its capacity and intention to implement the treaty faithfully.
Article 24: International humanitarian and customary law
- Rules of international humanitarian law and customary international law binding upon the Republic shall prevail over ordinary legislation and shall be enforceable by the courts, subject to this Constitution.
Article 25: Prohibition of suspension of constitutional order
- No provision of this Constitution, including this Article, may be suspended or derogated from under any circumstance, whether of war, internal disturbance, public emergency, or otherwise.
Article 26: Resolution of constitutional conflicts
- Any question concerning the consistency of legislation, executive action, or customary rule with this Constitution shall fall within the exclusive and final jurisdiction of the Constitutional Court, whose judgements are binding on all persons and authorities.
Chapter III: Citizenship, Residence, and Civic Duties
Article 27: Categories of persons
- 1. For the purposes of this Constitution, the following categories of persons are recognised:
- (a) "citizens", being persons who hold citizenship of the Republic by descent under Article 28, by registration or naturalisation under Article 29, or by conferral under Constitutional Act;
- (b) "permanent residents", being persons who have been granted the right of indefinite residence in the Republic under Constitutional Act;
- (c) "temporary residents", being persons who have been granted the right of residence in the Republic for a limited period under Constitutional Act; and
- (d) "visitors", being all other persons lawfully present in the territory of the Republic.
- 2. No person shall be rendered stateless by the operation of this Constitution, or by any Act of the National Assembly.
- 3. The rights and freedoms guaranteed by Chapter IV of this Constitution apply as follows, unless this Constitution expressly provides otherwise in respect of a particular right:
(a) to citizens, in full; (b) to permanent residents, in full; (c) to temporary residents, to the extent prescribed by this Constitution or by Constitutional Act; and (d) to visitors, only insofar as the right pertains to the inviolable dignity of the person under Article 39, or is expressly extended to visitors by this Constitution or by Constitutional Act.
- 4. Where this Constitution distinguishes between categories of persons in the enjoyment of a right or the bearing of a duty, the distinction shall be no greater than is demonstrably necessary, and shall in no case derogate from the inviolable dignity of every person under Article 39.
- 5. The National Assembly shall, by Constitutional Act, prescribe the conditions for the grant, renewal, and revocation of permanent and temporary residence, and the conditions of lawful entry for visitors.
Article 28: Citizenship by birth or descent
- 1. A child of whom at least one parent is a citizen at the time of the child's birth is a citizen by descent (jus sanguinis).
- 2. The National Assembly may, by Constitutional Act, confer citizenship upon other categories of persons born in the territory (jus soli), subject to such evidentiary and public-interest requirements said Act shall prescribe.
Article 29: Citizenship by registration and naturalisation
- 1. The National Assembly shall, by Constitutional Act, provide for the acquisition of citizenship by:
- (a) persons married to citizens;
- (b) residents of long standing;
- (c) persons who have rendered distinguished service to the Republic or humanity; and
- (d) such other categories as may be consistent with the national interest.
- 2. Every applicant shall satisfy objective criteria of good character, knowledge of the Intellectual Imperative, and proficiency in Novellan English.
- 3. A decision to grant or refuse citizenship shall be reasoned and subject to judicial review.
- 4. No person shall be granted citizenship by registration or naturalisation under this Article while holding citizenship or nationality of another state, unless that person has taken all reasonable steps to renounce that citizenship or nationality, and said state has refused or failed to act upon the renunciation.
Article 30: Loss and renunciation of citizenship
- 1. Citizenship may be renounced in the manner prescribed by Constitutional Act.
- 2. No citizen by descent may be deprived of citizenship except:
- (a) if obtained by fraud; or
- (b) where the citizen acquires another nationality voluntarily and the National Assembly so provides by Constitutional Act, and then, only with the approval of the Constitutional Court upon application by the Government.
Article 31: Foreign allegiance and public office
- 1. A citizen who is also a citizen or national of a foreign state, or who is entitled to the rights or privileges of a subject or citizen of a foreign state, shall not:
- (a) be a Member of the National Assembly;
- (b) serve as a member of the National Civic Council or as a lay judge;
- (c) hold any public office that involves the exercise of sovereign authority or the stewardship of public assets, as prescribed by Constitutional Act; or
- (d) serve as an officer of the Defence Force.
- 2. The disqualification under paragraph 1 does not apply where the citizen has taken all reasonable steps to renounce the foreign citizenship, nationality, or entitlement, and the foreign state has refused or failed to act upon the renunciation.
- 3. A person who, after assuming an office listed in or prescribed under paragraph 1, acquires or becomes entitled to the citizenship, nationality, or rights or privileges of a foreign state, shall vacate the office unless they renounce the foreign entitlement within 30 days.
Article 32: Equality of citizens
- Citizens shall enjoy, on an equal basis and without the creation of subclasses or hierarchies, all civil and political rights guaranteed by this Constitution, save as expressly provided in Article 31.
Article 33: Universal and compulsory franchise
- 1. Every citizen who has attained the age of eighteen years shall be registered as an elector and shall vote in elections and referenda, save as may be excused by law on grounds of incapacity.
- 2. Failure without lawful excuse to vote constitutes a civic offence subject to administrative sanction prescribed by Act.
Article 34: Civic duties
- 1. Every citizen shall:
- (a) respect, uphold, and disseminate the Seven Tenets of the Intellectual Imperative;
- (b) vote in elections and referenda pursuant to Article 33;
- (c) participate, if selected, in the National Civic Council or as a lay judge in criminal proceedings; and
- (d) assist in evidence-based public discourse.
- 2. Every person, regardless of status, shall:
- (a) obey the law and co-operate with lawful authority; and
- (b) discharge tax and other public burdens in accordance with law.
Article 35: Duty to uphold the Intellectual Imperative
- 1. Every citizen shall cultivate reason, pursue accurate knowledge, and challenge unexamined assumptions in the spirit of the Intellectual Imperative.
- 2. Each citizen has a continuing obligation to engage in lifelong learning and to revise personal views when presented with superior evidence.
- 3. Citizens shall foster intellectually honest dialogue by:
- (a) sharing verifiable information and, where practicable, the underlying methods and sources; and
- (b) listening to and engaging with evidence-based contributions of others in a manner that reflects mutual respect and critical openness.
Article 36: Freedom of movement and residence
- 1. Citizens and permanent residents may move freely and reside anywhere within the Republic, subject only to lawful, evidence-based limitations.
- 2. Temporary residents may move freely within the Republic, subject to such conditions as may be prescribed by Constitutional Act, which shall be no more restrictive than is necessary for the administration of the residence scheme.
- 3. Passports shall be issued to citizens as of right, and may be withdrawn only pursuant to an order of a court of competent jurisdiction.
Article 37: Right to consular protection and passport
- A citizen abroad is entitled to the protection of the Republic and to a passport, renewable in accordance with law.
Article 38: Extradition and protection against statelessness
- 1. A citizen may be surrendered to a foreign state only under a treaty implemented by Constitutional Act, after judicial confirmation that fundamental rights and due process will be respected.
- 2. No person shall be expelled, returned, or extradited to any state where there are substantial grounds for believing that the person would face torture, inhumane, or degrading treatment, or be rendered stateless.
- 3. No citizen shall be expelled from the Republic.
Chapter IV: Fundamental Rights and Freedoms
Article 39: Human dignity
- 1. Human dignity is inviolable, and shall be respected and protected by all public and private actors.
- 2. No legislation, policy, or act may demean the intrinsic worth of any person.
- 3. Violation of dignity gives rise to a direct claim before the Constitutional Court.
Article 40: Equality and non-discrimination
- 1. All persons are equal before and under the law, and have the right to equal protection and equal benefit of the law.
- 2. No one shall be discriminated against on the ground of race, colour, sex, gender identity, sexual orientation, language, religion, philosophical conviction, political or other opinion, national or social origin, birth, disability, age, economic status, or any comparable circumstance.
- 3. Legislative or administrative measures aimed at accelerating equality for disadvantaged groups are permitted, where supported by evidence and proportional to their objective.
- 4. Distinctions in the enjoyment of rights based on citizenship, permanent residence, temporary residence, or visitor status, where expressly authorised by this Constitution or by Constitutional Act, do not constitute discrimination within the meaning of this Article, provided such distinctions comply with Article 27 paragraph 4.
Article 41: Freedom of conscience, thought, and scientific inquiry
- 1. Every person has the right to freedom of conscience, thought, belief, and worldview.
- 2. Academic and scientific freedom, including the right to pursue, test, and communicate knowledge, is guaranteed.
- 3. These freedoms may be limited only by law, in the evidence-based pursuit of another right protected by this Constitution, and to the least restrictive extent necessary.
Article 42: Freedom of expression and information
- 1. Every person has the right to seek and receive information and ideas of any kind.
- 2. Citizens and permanent residents have the right to impart information and ideas of any kind, subject to paragraph 4.
- 3. Temporary residents and visitors may impart information and ideas, subject to such additional regulation as may be prescribed by Constitutional Act in the interests of public order, national security, or the integrity of public discourse. No regulation made under this paragraph may restrict the imparting of scientific, scholarly, journalistic, artistic, or educational expression, or otherwise restrict the freedoms guaranteed by Articles 41 and 45.
- 4. The exercise of the rights in this Article entails a duty of honest truth-seeking and may be subject to reasonable regulation to prevent deliberate or reckless dissemination of demonstrable falsehoods that cause substantial public harm.
Article 43: Freedom of assembly and association
- 1. Citizens and permanent residents have the right to peaceful assembly and to the formation of associations and trade unions.
- 2. Temporary residents have the right to peaceful assembly and to join associations and trade unions, subject to such conditions as may be prescribed by Constitutional Act.
- 3. No person shall be subjected to violence or degrading treatment by reason of having participated in a peaceful gathering.
- 4. Regulation of assembly shall be confined to reasonable time, place, and manner restrictions necessary for public safety or the rights of others, supported by published evidence.
- 5. No person shall be compelled to join an association or prevented from resigning membership.
Article 44: Privacy, family, and data protection
- 1. Every person enjoys the inviolability of the person, the home, and private correspondence, save where the protection of the Republic or the safety of its inhabitants makes strictly necessary and lawful intrusion.
- 2. For that purpose, the State may gather on a continuous basis signalling information that accompanies telephone, radio, or like communications, together with observational data derived from streets, public places, and other open environments, subject to the following conditions:
(a) the classes of information to be taken, the categories of persons to whom differentiated collection standards apply, and the maximum periods of retention shall be fixed by Constitutional Act; (b) the material shall be sealed within electronic data-processing systems, and no official may examine any particular record unless an automatic program has indicated, by reference to criteria laid down in the said Act, the likelihood of a defined security risk; and (c) where an officer does examine such a record, the fact and purpose of the examination shall be entered forthwith in a register available to the oversight bodies named in paragraph 3.
- 3. Registers of every occasion on which personal data are accessed shall be inspected each quarter by the Independent Advocate or Advocates assigned to the competent Ministry, and once a year by the National Audit Office. Those bodies shall lay before the National Assembly an annual report containing statistical and anonymised particulars of surveillance activity, disaggregated by the status of the persons concerned under Article 27.
- 4. So soon as operational need has lapsed, any citizen or permanent resident may obtain from the competent authority a summary of personal records that have been examined by officials, unless a judge certifies that disclosure would create a grave and continuing danger to national security or to another person.
- 5. A temporary resident may obtain a summary under paragraph 4 on terms prescribed by Constitutional Act, which may impose additional conditions relating to national security.
Article 45: Freedom of art and culture
- 1. Every person has the right to artistic creation and cultural participation.
- 2. The State shall foster a diverse cultural life, consistent with the Intellectual Imperative.
Article 46: Right to education and lifelong learning
- 1. Every person has the right free, high-quality education at basic and secondary levels.
- 2. Citizens and permanent residents have the right to free, high-quality education at tertiary and continuing levels.
- 3. Temporary residents have the right of access to tertiary and continuing education on terms prescribed by Constitutional Act, which may include the recovery of costs, but shall not impose charges exceeding the reasonable cost of provision.
- 4. The State shall remove financial, linguistic, geographic, and any other barriers to the full and equal enjoyment of the rights under paragraphs 1 and 2, and shall maintain institutions that make learning accessible throughout life.
- 5. Education shall promote critical thinking, empirical reasoning, and respect for human dignity at all levels.
Article 47: Right of access to public information and open data
- 1. Every citizen and permanent resident has the right to timely access to information held by or on behalf of the State.
- 2. Temporary residents have the right to access information held by or on behalf of the State that directly concerns their own rights, status, or legal proceedings, on terms prescribed by Constitutional Act.
- 3. Refusal shall be reasoned, subject to appeal, and permitted only where release would demonstrably endanger life, national security, or personal privacy, and where the harm clearly outweighs the public interest in disclosure.
- 4. Datasets underpinning policy shall be deposited in the National Open-Data Repository within thirty days of utilisation, unless lawfully classified under Article 142.
Article 48: Right to a fair trial and due process
- 1. Every person has the right to have disputes determined by a competent, independent, and impartial tribunal within a reasonable time.
- 2. Criminal accusations shall be heard under an inquisitorial procedure, by a bench that combines professional and lay judges in the manner prescribed in Article 100.
- 3. The presumption of innocence applies. The accused is afforded adequate time and facilities to prepare a defence, full judicial examination of all relevant evidence, and legal representation. Pleas and plea-bargaining are not recognised.
- 4. Justice shall not be denied by reason of poverty; legal aid shall be provided where the interests of justice so require.
Article 49: Legality of offences and penalties
- No one shall be convicted of an act or omission that was not an offence at the time it was committed, nor sentenced to a penalty more severe than that applicable when the offence was committed.
Article 50: Right to property
- 1. Every citizen and permanent resident has the right to own, use, and dispose of lawful property.
- 2. Temporary residents may own personal and movable property. The right of temporary residents to own immovable property may be restricted by Constitutional Act, provided that any restriction is proportionate and evidence-based.
- 3. Property may be expropriated only in the public interest, under a law that provides for prompt, adequate, and evidence-based compensation.
- 4. Ownership carries a social function and may be regulated by law to promote human dignity and sustainability.
Article 51: Labour rights
- 1. Every person has the right to fair remuneration, safe working conditions, reasonable limitation of working hours, rest, and leisure.
- 2. Workers have the right to join trade unions, participate in collective bargaining, and strike, subject to limitations prescribed by law for essential services.
- 3. No person shall be compelled to work except pursuant to a sentence or order of a court, or as otherwise provided by this Constitution, or by Constitutional Act establishing a civic service of general application.
Article 52: Social security and health
- 1. Emergency and acute healthcare shall be provided to every person, without regard to status, and without charge at the point of care.
- 2. Citizens and permanent residents are entitled to the full benefits of the Universal Healthcare System, including preventive, elective, and continuing care, on equal terms.
- 3. Temporary residents are entitled to access the Universal Healthcare System on terms prescribed by Constitutional Act, which may provide for cost recovery in respect of non-urgent and elective care, and which may sequence access behind citizens and permanent residents where clinical urgency does not require otherwise, but shall not impose charges exceeding the reasonable cost of provision.
- 4. The State shall, within its available resources and guided by evidence-based policy, provide social security and assistance to citizens and permanent residents unable to support themselves.
- 5. Temporary residents may access social security on terms prescribed by Constitutional Act.
Article 53: Right to a healthy environment
- Every person has the right to live in an environment not harmful to health or wellbeing. The State shall take reasonable legislative and other measures to protect the environment, as supported by scientific evidence.
Article 54: Limitation clause
- 1. The rights in this Chapter may be limited only by law of general application, and only to the extent that the limitation is demonstrably reasonable and justifiable in an open and democratic society founded on reason and human dignity.
- 2. In assessing whether a limitation is reasonable, a court shall consider:
- (a) the nature of the right;
- (b) the importance and purpose of the limitation;
- (c) the evidence supporting the limitation;
- (d) the extent of the limitation;
- (e) whether less-restrictive means are available.
- 3. In applying this Article, a court may have regard to the status of the person concerned under Article 27. A limitation that would not be justified in respect of a citizen may nevertheless be justified in respect of a person of another status, where the limitation is proportionate to the legitimate interests of the Republic in maintaining its civic order, national security, and the integrity of public discourse, and where the core of the right as it pertains to human dignity is preserved.
Article 55: Remedies and standing
- 1. A person who alleges that a right in this Chapter has been infringed or threatened may apply to a competent court for appropriate relief.
- 2. The National Assembly may enact legislation allowing class or public-interest actions to vindicate constitutional rights.
Article 56: Interpretation of rights and freedoms
- When interpreting this Chapter, a court, tribunal or authority shall promote the values that underlie an open society based on the Intellectual Imperative, and may consider international law and comparative jurisprudence consistent with Chapter II.
Chapter V: The National Assembly
Article 57: Composition
- 1. The legislative power of the Republic is vested in a National Assembly of five hundred Members of the National Assembly.
- 2. Members of the National Assembly shall represent the whole nation, and shall vote, deliberate, and otherwise act freely according to evidence, conscience, and the Intellectual Imperative.
Article 58: Term of office
- 1. The National Assembly shall serve for four years from its first sitting, and shall expire at midnight on the day before the next National Assembly first sits.
- 2. The National Assembly may be dissolved earlier in accordance with Article 76.
Article 59: Electoral system
- 1. Members of the National Assembly are elected by universal, equal, compulsory, and secret ballot conducted according to the single transferable vote, Meek method, in one nationwide multi-member electorate.
- 2. On the ballot, each elector shall rank in order of preference the registered party lists, with any independent candidates standing as single-person lists. The vote at any stage is deemed to be cast for the highest-ranked unelected candidate on the elector's highest-ranked list still in contention. Seats won by a list are filled by its candidates in the pre-filed order.
- 3. Detailed ballot design and counting procedure, including the treatment of quota, surplus, and transfer values, shall be prescribed by a Constitutional Act.
Article 60: Qualification for election
- A person is eligible to be placed on a registered party list for election to the National Assembly if that person:
- (a) is a citizen;
- (b) is at least eighteen years of age;
- (c) is literate in Novellan English; and
- (d) is not disqualified under Article 61.
Article 61: Disqualifications
- 1. The following persons are disqualified from being elected to, or from remaining a Member of, the National Assembly:
- (a) a person declared of unsound mind by a competent court;
- (b) a person under an unsuspended sentence of imprisonment of twelve months or more;
- (c) a salaried member of the Civil Service Commission, National Electoral Administration, National Audit Office, Reserve Bank of the Novella Islands, or judiciary;
- (d) a person who, within the preceding five years, was convicted of an offence involving dishonesty, corruption, or wilful misinformation or disinformation.
- 2. Disqualification under paragraph 1(c) ceases upon resignation from the listed office.
Article 62: Affirmation of office
- Every Member of the National Assembly, before taking a seat, shall make the following affirmation before the Assembly Chairperson:
- "I, A.B., do solemnly affirm that I will faithfully serve the Social Republic of the Novella Islands, uphold the Constitution and the Seven Tenets of the Intellectual Imperative, and discharge my duties conscientiously and according to evidence and reason."
Article 63: Sessions and sittings
- 1. The National Assembly shall determine its annual calendar by a resolution of a simple majority of Members of the National Assembly present and voting within fourteen days after its first sitting.
- 2. The First Minister may, and the Assembly Chairperson shall upon request of one-fifth of Members of the National Assembly, convene an extraordinary sitting.
- 3. No more than three consecutive months shall elapse between sittings.
Article 64: Quorum
- The presence of at least two-fifths of Members of the National Assembly, together with the Assembly Chairperson and the First Minister or their respective acting replacements, constitutes a quorum for the conduct of business.
Article 65: Assembly Chairperson
- 1. At its first sitting the National Assembly shall elect by secret ballot an Assembly Chairperson, who shall be a non-partisan senior civil servant seconded for the purpose.
- 2. The Assembly Chairperson presides over sittings, ensures compliance with this Constitution and standing orders, and oversees the administrative services of the National Assembly.
- 3. Removal of the Assembly Chairperson requires a resolution of a two-thirds majority of all Members of the National Assembly, citing serious misconduct or incapacity.
Article 66: Internal autonomy and standing orders
- 1. The National Assembly shall adopt standing orders regulating procedure, debate, committees, and discipline, consistent with this Constitution.
- 2. Standing orders and any amendments thereto shall be published with a reason docket.
Article 67: Committees
- 1. The National Assembly shall establish committees corresponding to ministerial portfolios and such additional committees as it deems fit.
- 2. Committees may summon persons, documents, and information, and shall conduct their work transparently.
Article 68: Legislative initiative
- Any Member of the National Assembly may, in the manner prescribed by this Constitution and the standing orders, introduce a Bill.
Article 69: Form and content of Bills
- 1. Every Bill shall be accompanied by a single reason docket that includes:
- (a) the objectives of the Bill;
- (b) the evidence and data sources relied upon;
- (c) the expected outcomes;
- (d) an analysis of fiscal effects and wellbeing impacts; and
- (e) a statement of compatibility with the Intellectual Imperative and with fundamental rights.
- 2. The National Audit Office shall verify the completeness of the reason docket before first reading.
Article 70: Voting thresholds
- 1. Except as otherwise provided, a Bill passes by simple majority of Members of the National Assembly present and voting.
- 2. A Constitutional Act requires the affirmative votes of two-thirds of Members of the National Assembly present and voting.
- 3. Appropriation, taxation, and borrowing Bills require an absolute majority of Members of the National Assembly present.
Article 71: Money Bills
- 1. Bills appropriating revenue, imposing taxation, or authorising borrowing shall be classified as Money Bills by the Assembly Chairperson on advice of the National Audit Office.
- 2. Money Bills shall include a detailed schedule of amounts and purposes.
Article 72: Enactment and publication
- 1. A Bill that has been passed and certified by the Assembly Chairperson shall be presented to the First Minister for assent within seven days.
- 2. Assent shall be signified within fourteen days; if the First Minister withholds assent, the Bill returns to the National Assembly, which may override the veto by a resolution of a two-thirds majority of all Members of the National Assembly, whereupon assent shall be deemed given.
- 3. Every enacted law shall be published in the Official Gazette together with its reason docket, entering into force on the date specified or, failing specification, on the fourteenth day after publication.
Article 73: Parliamentary privilege
- Members of the National Assembly enjoy freedom of speech and debate in the National Assembly; they are not liable to civil or criminal proceedings for words spoken or votes cast in the course of their duties, save for perjury.
Article 74: Allowances and ethics
- 1. Members of the National Assembly shall receive an allowance fixed by Act and adjusted annually by the Civil Service Commission.
- 2. A Member of the National Assembly shall disclose assets, income, and interests annually; wilful non-disclosure constitutes grounds for expulsion by a resolution of a two-thirds majority of all Members of the National Assembly.
Article 75: Filling of vacancies
- 1. A seat becomes vacant upon death, resignation, disqualification, or absence without leave for sixty consecutive sitting days.
- 2. Vacancies shall be filled from the next unelected candidate on the departing member's party list; if none remains, the National Electoral Administration shall conduct a recount in accordance with the electoral formula.
Article 76: Dissolution of the National Assembly
- 1. The National Assembly stands dissolved automatically upon the expiry of the four-year term specified in Article 58.
- 2. The National Assembly may dissolve itself at any earlier time by a resolution of a two-thirds majority of Members of the National Assembly present and voting.
- 3. The National Assembly shall likewise be dissolved before term by a resolution of a simple majority of Members present and voting, moved by the First Minister.
- 4. Upon any dissolution, the National Electoral Administration shall issue writs for a general election to be held on the next occurring Census Day or, if impracticable, on an Interim Census Day being the third Monday of the next practicable month.
- 5. Where the National Assembly is dissolved before the natural expiry of its term, and no fewer than twelve calendar months of that four-year cycle remain, the newly elected National Assembly shall serve only the unexpired remainder of the prior term.
Chapter VI: Executive Government
Article 77: Vesting of executive power
- 1. The executive power of the Republic is vested in the First Minister, who shall exercise it together with the Cabinet and the Civil Service, in accordance with this Constitution and the laws made under it.
- 2. Executive power extends to the execution and maintenance of this Constitution and of all laws, to the conduct of the Republic's administration and foreign relations, and to all matters that are by their nature executive.
Article 78: Appointment of the First Minister
- 1. Following a general election, or upon the office of First Minister otherwise becomes vacant, the Assembly Chairperson shall invite nominations for that office. A nomination must be signed by at least ten Members of the National Assembly, and be accepted in writing by the nominee.
- 2. Within seven days after nominations close, the National Assembly shall elect the First Minister by open roll-call vote. If a candidate receives the support of a simple majority of all Members of the National Assembly, that candidate is elected.
- 3. If no candidate secures such a majority on the first vote, the candidate with the fewest votes is eliminated, and a further vote is held; the process is repeated until one candidate obtains the required majority. That candidate shall immediately take and subscribe the affirmation of office set out in paragraph 4.
- 4. Affirmation: "I, A.B., having been elected First Minister of the Social Republic of the Novella Islands, do solemnly affirm that I will faithfully execute the duties of my office, uphold and defend the Constitution and the Seven Tenets of the Intellectual Imperative, govern according to evidence and reason, and dedicate myself to the welfare of all the people."
- 5. The First Minister assumes office upon taking the affirmation; notice of the appointment shall be published immediately in the Official Gazette.
Article 79: Vote of confidence and resignation
- 1. The First Minister may at any time seek a vote of confidence in the National Assembly on a question of general policy; the vote shall be taken within forty eight hours of request and carried by a resolution of a simple majority of Members of the National Assembly present and voting.
- 2. If the vote of confidence is not carried, or if the National Assembly adopts a resolution of no confidence by the same majority, the First Minister shall either:
- (a) tender the resignation of the Cabinet to the Assembly Chairperson; or
- (b) advise dissolution of the National Assembly under Article 76 paragraph 3.
- 3. Resignation takes effect when accepted by the Assembly Chairperson; the outgoing Cabinet continues in a caretaker capacity until a new First Minister is appointed.
Article 80: Cabinet composition and collective responsibility
- 1. The First Minister shall, within fourteen days of appointment, nominate from among Members of the National Assembly such Ministers as may be required for the efficient conduct of government.
- 2. The National Assembly shall vote on the nominated Cabinet as a whole; approval shall be given by a resolution of a simple majority of Members of the National Assembly present and voting.
- 3. A Minister assumes office upon making an affirmation of office in the same form prescribed for the First Minister in Article 78 paragraph 4, with the necessary change of title.
- 4. The Cabinet shall be collectively responsible to the National Assembly and individually answerable for acts within their portfolios.
- 5. A Minister resigns upon written notice to the First Minister and Assembly Chairperson, or upon adoption of a resolution of censure by an absolute majority of Members of the National Assembly present.
- 6. When a ministerial office becomes vacant, the First Minister shall, within fourteen days, nominate a replacement from among the Members of the National Assembly; the nomination is subject to the vote required in paragraph 2 and the acting capacity rules set out in Article 81 paragraph 3.
- 7. No person may serve concurrently as Minister and as salaried officer in the Civil Service, or in any Independent Institution listed in Chapter VIII.
Article 81: Ministerial portfolios and delegation
- 1. Portfolios shall correspond to the executive policy areas established by Act; their number and titles may be altered by Constitutional Act on recommendation of the First Minister, accompanied by a reason docket.
- 2. A Minister may, with the written approval of the First Minister, delegate specified functions to a Deputy Minister or to a senior civil servant, without derogating personal responsibility.
- 3. Where the office of a Minister becomes vacant, the First Minister may act in that capacity for up to thirty days, after which a successor shall be nominated under Article 80.
Article 82: Civil Service principles
- 1. The Civil Service shall be politically neutral, professional, and organised on merit.
- 2. Recruitment, promotion, discipline, and removal shall be governed by transparent procedures set by the Civil Service Commission and published in the Official Gazette.
- 3. Civil servants shall perform their duties in accordance with evidence, constitutional values, and the code of ethics approved by Constitutional Act.
- 4. Civil servants have the right and duty to refuse to carry out, and to report, any order that is manifestly contrary to law or the Intellectual Imperative.
Article 83: Cabinet procedure and evidence obligation
- 1. Cabinet decisions shall be taken at formally convened meetings, minutes of which, redacted only for legitimate secrecy in accordance with Article 142, shall be published within thirty days.
- 2. A proposal may not be decided unless its reason docket and relevant data have been circulated to all Ministers at least forty-eight hours in advance, save in a certified emergency.
- 3. The Cabinet shall adopt rules of procedure consistent with this Constitution.
Article 84: Secondary legislation and regulatory impact
- 1. Ministers may issue regulations within the scope of enabling Acts.
- 2. Every regulation shall be accompanied by a single reason docket that includes:
- (a) the objectives of the regulation;
- (b) the evidence and data sources relied upon;
- (c) the expected outcomes;
- (d) an analysis of fiscal, compliance-cost and other impacts together with reasonably practicable alternatives; and
- (e) a statement of compatibility with the Intellectual Imperative and with fundamental rights.
- 3. Regulations shall be subject to annulment by a resolution of a simple majority of Members of the National Assembly present and voting, passed within ninety days of publication.
- 4. The National Audit Office shall monitor compliance with this Article and may petition the Constitutional Court for invalidation of non-compliant instruments.
Article 85: Power to negotiate and sign treaties
- The First Minister, acting with the Cabinet, holds the executive authority to negotiate and sign treaties, in accordance with the procedures and safeguards set out in Chapter XII.
Article 86: Public appointments outside the civil service
- 1. Appointments to boards, commissions, and state enterprises shall be made on merit through open advertisement and competitive selection.
- 2. Short-listed candidates, evaluation criteria, and final reasons shall be published within seven days of appointment.
Article 87: National honours and decorations
- The First Minister may, in accordance with an Act, confer national honours recognising service to science, culture, or the Republic; honours shall not convey legal privileges or precedence in public affairs.
Article 88: Annual governance report
- The First Minister shall, within sixty days of the end of each fiscal year, present to the National Assembly a comprehensive report on the activities and performance of the Executive, including compliance with constitutional obligations, audit findings, and corrective measures.
Article 89: Resignation, incapacity, and succession
- 1. The First Minister may resign by written notice to the Assembly Chairperson; resignation is effective upon acceptance.
- 2. If the First Minister is temporarily unable to perform duties, the senior Minister designated in writing shall serve as Acting First Minister.
- 3. Permanent incapacity shall be declared by a two-thirds vote of the Cabinet, certified by the Constitutional Court; upon such declaration, the office is considered vacant, and the vacancy shall be filled in accordance with the procedures set out in Article 78.
Article 90: Executive liability
- 1. The First Minister and Ministers are liable in their personal capacity for wilful or grossly negligent violations of this Constitution or the law.
- 2. Proceedings shall be brought before the Constitutional Court by the Office of Public Prosecutions, or by a resolution of a two-thirds majority of all Members of the National Assembly.
- 3. Conviction entails removal from office, and any other penalty prescribed by Act.
Article 91: Ministerial accountability to the National Assembly
- 1. Ministers, as Members of the National Assembly, have the right to take part and vote in all debates and committee proceedings, and shall furnish the National Assembly with such information as it may reasonably require for the exercise of its functions.
- 2. The National Assembly or any of its committees may require a Minister to attend and answer questions; refusal without compelling reason constitutes serious misconduct.
Chapter VII: The Judiciary
Article 92: Judicial power and independence
- 1. Judicial power is vested in the courts established under this Chapter, and shall be exercised independently and impartially in the name of the Republic.
- 2. No person or organ of state may interfere with judicial officers in the performance of their duties, nor may they be subject to removal or disciplinary action, except in accordance with Article 96.
Article 93: Hierarchy and jurisdiction of courts
- 1. The court system comprises:
- (a) the Constitutional Court;
- (b) the High Court;
- (c) the Supreme Court;
- (d) District Courts;
- (e) Local Courts;
- (f) any such specialised courts or tribunals as the National Assembly may establish by Constitutional Act.
- 2. Appeals in ordinary matters lie from Local Courts to District Courts, from District Courts to the Supreme Court, and from the Supreme Court to the High Court.
- 3. A court that must decide a constitutional point shall either apply a binding precedent of the Constitutional Court, or refer the question to that Court in accordance with Article 94.
- 4. The Constitutional Court, the High Court, and the Supreme Court exercise nationwide jurisdiction. The territorial districts and seats of District Courts and Local Courts shall be fixed by Constitutional Act.
- 5. Except where this Constitution itself confers jurisdiction, the subject matter competence of every court, the detailed appellate procedures, and the jurisdiction of specialised courts or tribunals shall be regulated by Constitutional Act.
- 6. Every court shall give reasons for its judgements, and those reasons shall be published in accordance with law.
Article 94: Constitutional Court
- 1. The Constitutional Court shall consist of a Chief Justice and eight other Justices.
- 2. The Court has exclusive jurisdiction to:
- (a) determine the constitutionality of any law, treaty, regulation, executive act, or customary rule;
- (b) resolve disputes between organs of state concerning powers conferred by this Constitution;
- (c) decide on impeachment or removal proceedings against the First Minister or Ministers;
- (d) certify the constitutionality of proposed amendments prior to referendum;
- (e) rule on petitions for enforcement of entrenched Seven Tenets.
- 3. The Court may exercise incidental constitutional review in any matter properly before it, or referred by another court.
- 4. Judgements of the Constitutional Court are final, and bind all other courts and authorities.
Article 95: Judicial appointments
- 1. Judges of all superior courts shall be appointed by the First Minister, on the recommendation of the Judicial Appointments Panel of the Civil Service Commission.
- 2. The Judicial Appointments Panel of the Civil Service Commission shall comprise:
- (a) the Chief Justice of the Constitutional Court;
- (b) one judge elected from among, and by, the judges of the High Court and the Supreme Court;
- (c) the Chair of the Civil Service Commission;
- (d) one senior advocate elected by the national bar;
- (e) one academic in law or empirical social science nominated by the National Civic Council;
- (f) two citizens selected by stratified sortition from the citizen body.
- 3. The Judicial Appointments Panel of the Civil Service Commission shall advertise vacancies, publish criteria, and shortlist candidates on merit following open hearing; its final recommendation shall be reasoned and published.
Article 96: Tenure, retirement, and removal
- 1. Judges hold office until attaining the statutory retirement age, or such lower age as the National Assembly may uniformly prescribe by Constitutional Act.
- 2. A judge may be removed only by order of the Constitutional Court on the grounds of proved incapacity, serious misconduct, or gross incompetence, following a petition to the Constitutional Court adopted by a resolution of a two-thirds majority of all Members of the National Assembly or by the Judicial Appointments Panel of the Civil Service Commission.
- 3. During tenure, judicial remuneration shall not be reduced except under a law of general application reducing remuneration of all public officers proportionally.
Article 97: Proceedings and publication of reasons
- 1. Hearings are conducted in camera; persons may attend only if invited by the accused (in criminal matters), or by all parties (in civil matters), together with officers of the court and such other persons as the presiding judge authorises for the proper administration of justice.
- 2. Where a guilty verdict is returned, or a civil judgement given, the ensuing sentencing or quantum hearing shall be open to accredited members of the press, save where the court orders otherwise to protect minors or overriding security interests.
- 3. No proceedings may be reported publicly until the court has pronounced sentence or, in civil matters, final relief; thereafter, reporting is unrestricted save for specific confidentiality orders permitted by law.
- 4. Judgements shall be reduced to writing, stating the material findings and reasons, and shall be published in the Official Law Reports within thirty days.
Article 98: Constitutional review access and procedure
- 1. The Constitutional Court may be seized by:
- (a) the First Minister;
- (b) the Assembly Chairperson;
- (c) one-fifth of Members of the National Assembly;
- (d) the National Audit Office;
- (e) any court that must decide a constitutional question;
- (f) any person who demonstrates a direct and personal interest.
- 2. Proceedings shall be conducted in accordance with the rules of court, designed to ensure expediency and public participation.
Article 99: Supervisory jurisdiction over administrative action
- 1. The Constitutional Court has inherent jurisdiction to review any administrative act or omission on grounds of illegality, irrationality, procedural impropriety, or disproportionality.
- 2. Remedies include setting aside the act, mandatory orders, prohibitory orders, and declarations of rights.
Article 100: Bench composition in criminal proceedings
- 1. In criminal matters heard at first instance or on ordinary appeal before Local, District, and Supreme Courts, the bench shall consist of one professional judge and two lay judges, selected by stratified sortition from the citizen body.
- 2. A conviction requires the concurrence of the professional judge and at least one lay judge.
- 3. Criminal appeals before the High Court are heard by a panel composed solely of professional judges.
Article 101: Office of Public Prosecutions
- 1. There shall be an independent Office of Public Prosecutions headed by a Director appointed by the Judicial Appointments Panel of the Civil Service Commission for a term of five years.
- 2. The Office of Public Prosecutions conducts criminal prosecutions in the name of the Republic, free from political interference, in accordance with objective evidence.
Article 102: Discipline of judges and prosecutors
- 1. Disciplinary matters shall be heard by a Judicial Council comprising members of the Judicial Appointments Panel of the Civil Service Commission other than the Chief Justice, supplemented by two senior judges not involved in the complaint.
- 2. Proceedings and outcomes shall be published, save where redaction is required for privacy or ongoing investigations.
Article 103: Number of judges and allocation of business
- The National Assembly shall by Constitutional Act determine the number of judges of each court, establish judicial districts, and provide for administrative arrangements, having regard to caseload data published annually by the Judicial Appointments Panel of the Civil Service Commission.
Article 104: Enforcement of judgements
- All organs of state, and every public official, are bound to comply with and give effect to final judgements. Failure to do so shall attract the legal or disciplinary penalty prescribed by Act.
Article 105: Co-operation with international courts
- Courts shall co-operate with international tribunals to which the Republic is a party, within the limits of Constitutional Acts implementing such treaties, and may enforce or recognise judgements consistent with domestic public order and fundamental rights.
Chapter VIII: Independent Institutions
Article 106: General status and guarantees
- 1. The institutions named in this Chapter are hereby established as permanent, independent organs of state.
- 2. Their existence may be abolished or their core mandates altered only by constitutional amendment, in accordance with Chapter XIII.
- 3. Each institution shall be regulated by a Constitutional Act, which shall prescribe where appropriate:
- (a) the institution's composition, internal structure and powers;
- (b) eligibility criteria, temporary disqualifications, and conflict-of-interest rules for members and staff;
- (c) transparent procedures for selection, appointment, rotation, resignation, and removal of office-holders;
- (d) the duration of terms, rotation cycles, and the method for filling interim vacancies;
- (e) procedural rules for deliberation, receipt of evidence, public hearings, and the preparation of advisory or other outputs;
- (f) budgetary and administrative arrangements, including any supporting Secretariat, that guarantee functional autonomy;
- (g) publication, transparency, and data-release obligations, together with time-limits for the release of in camera materials; and
- (h) integrity safeguards, offences and corresponding sanctions (administrative, civil, or criminal) necessary to secure impartial performance of duties.
- 4. The institutions shall submit an annual report to the National Assembly within three months after the end of the financial year; the report and underlying data shall be deposited in the National Open-Data Repository not later than thirty days thereafter.
- 5. No person shall obstruct, hinder, or unduly influence an Independent Institution. Breach of this duty is subject to the penalty prescribed by Act.
Article 107: National Civic Council
- 1. The National Civic Council is a deliberative body composed of six hundred citizens selected by stratified sortition to reflect the demographic composition of the Republic.
- 2. The National Civic Council shall:
- (a) examine every Bill, draft regulation, and major policy proposal before it receives final approval by the National Assembly or the Cabinet;
- (b) conduct public hearings, receive expert briefings, and deliberate through Standing Committees and Task Groups as prescribed by Constitutional Act; and
- (c) adopt advisory memoranda setting out evidence-based findings, ranked policy objectives, risk-tolerance thresholds, and systemic recommendations.
- 3. An advisory memorandum shall be appended to the reason docket of the measure concerned, and every point therein shall be expressly addressed in the explanatory statement by the National Assembly or competent Ministry, published on enactment.
- 4. Service in the National Civic Council is a civic duty; refusal to serve without lawful excuse is subject to penalty prescribed by Constitutional Act.
Established and brought into force by the National Civic Council Establishment, Procedures, and Governance Constitutional Act 1970.
Article 108: Civil Service Commission
- 1. The Civil Service Commission shall safeguard a professional, politically neutral, and merit-based Civil Service.
- 2. The Civil Service Commission shall:
- (a) set and administer recruitment examinations;
- (b) issue and enforce the Code of Civil Service Ethics;
- (c) hear appeals on appointments, promotions, discipline, and dismissal; and
- (d) publish annual statistics on staffing, diversity, compliance, and performance.
- 3. The Civil Service Commission shall consist of a chair and six other commissioners appointed for staggered six-year terms by a merit-selection panel, whose composition and procedure shall be prescribed by Constitutional Act.
- 4. The Civil Service Commission may issue binding directives to Ministries and agencies; failure to comply is reviewable by the Constitutional Court, on petition of the Civil Service Commission.
Article 109: National Electoral Administration
- 1. The National Electoral Administration is responsible for the conduct of elections, referenda, and petitions, and for maintaining the national register of electors.
- 2. In exercising its functions the National Electoral Administration shall act impartially, transparently, and in accordance with evidence-based best practice.
- 3. The National Electoral Administration shall:
- (a) determine and announce timetables, polling places, and vote-count procedures;
- (b) certify election and referendum results within seven days of polling;
- (c) resolve electoral disputes in the first instance, subject to review by the Constitutional Court; and
- (d) conduct public audits of ballot materials, equipment, and software.
- 4. Members of the National Electoral Administration may not hold party membership or elective office during their term, and for two years thereafter.
Article 110: National Bureau of Statistics and Census Office
- 1. The National Bureau of Statistics is the central authority for official statistics, operating the Census Office as a permanent sub-unit.
- 2. The National Bureau of Statistics shall collect, process, and disseminate statistical information in conformity with internationally recognised scientific standards.
- 3. All primary, anonymised data sets and methodologies shall be released in machine-readable form within twelve months of collection, unless disclosure would create a reasonable risk of re-identification or violate legally protected privacy.
- 4. Public bodies shall co-operate with and supply data to the National Bureau of Statistics; unjustified refusal constitutes serious misconduct.
Article 111: Reserve Bank of the Novella Islands
- 1. The Reserve Bank of the Novella Islands is the central bank of the Republic; its primary objectives are price stability, sustainable full employment, and the stability of the financial system.
- 2. In pursuit of these objectives the Reserve Bank of the Novella Islands shall operate independently within a policy framework agreed with the Cabinet and approved by the National Assembly.
- 3. The Governor of the Reserve Bank of the Novella Islands is appointed for a single ten-year term under a procedure set by Constitutional Act, and may be removed only for incapacity or gross misconduct on the decision of the Constitutional Court.
- 4. The Reserve Bank of the Novella Islands shall publish minutes of monetary policy meetings within four weeks, and release all non-protected data packages after five years.
Article 112: National Audit Office
- 1. The National Audit Office undertakes the external audit of public revenues, expenditures, assets, and liabilities, and monitors compliance with reason-docket obligations, statutory sunset reviews, and open-data publication.
- 2. The Director of the National Audit Office is appointed for a ten-year term by a resolution of a simple majority of all Members of the National Assembly, on the recommendation of the Civil Service Commission.
- 3. The National Audit Office may inspect any public or publicly-funded body, and has unrestricted access to documents, subject only to duly certified national-security exceptions, which it may challenge before the Constitutional Court.
- 4. Audit findings and recommendations shall be tabled in the National Assembly and published unredacted within sixty days of completion; the National Assembly must debate each audit report within ninety days of tabling.
Chapter IX: Oversight and Integrity Mechanisms
Article 113: Right of access to information
- 1. Every person has the right to obtain, within twenty working days, any information held by a public body in any form, subject only to the limitations in paragraph 2.
- 2. Access may be withheld, in whole or in part and only to the extent strictly necessary, where disclosure would demonstrably and substantially:
- (a) endanger national security or life;
- (b) impair the right to personal privacy or the fair trial of an individual; or
- (c) be contrary to an overriding public interest expressly recognised by Constitutional Act.
- 3. Where a lesser measure suffices, the information shall be released with appropriate redaction or summary.
- 4. A refusal shall be accompanied by reasons and is subject to rapid review by the Constitutional Court.
Article 114: Whistleblower protection
- 1. Any person who, acting in good faith and on reasonable grounds, discloses information indicating corruption, serious misconduct, or illegality is protected against civil, criminal, or disciplinary liability.
- 2. The National Assembly shall enact a Constitutional Act establishing secure disclosure channels, protective measures, and remedies for retaliation.
Article 115: Independent Advocates
- 1. The National Assembly shall, by a resolution of a simple majority of Members present and voting, appoint Independent Advocates for any Ministry or agency whose activities warrant continuous parliamentary audit in the public interest, including but not limited to portfolios that handle classified information. An Independent Advocate shall be a Member of the National Assembly unaffiliated with the governing party or coalition.
- 2. Independent Advocates shall:
- (a) receive briefings and documents classified at the level necessary to perform effective oversight;
- (b) report confidentially to the Assembly Chairperson and the relevant Standing Committee; and
- (c) make a public statement, within the limits of secrecy law, if they reasonably believe that illegal or grossly improper conduct is occurring.
- 3. No person may interfere with an Independent Advocate's access, or retaliate against an Independent Advocate for the lawful performance of oversight duties. Conduct in breach of this paragraph is liable to the penalties and remedies prescribed by Act.
Article 116: Register of interests
- 1. Members of the National Assembly, Ministers, senior civil servants, and office-holders of Independent Institutions shall file an annual declaration of assets, income and financial interests, and update it within thirty days of any material change.
- 2. Declarations shall be published in a searchable database. Wilful misstatement or concealment shall attract the penalties laid down by Act.
Article 117: National Code of Conduct
- 1. The National Assembly shall adopt a National Code of Conduct setting minimum ethical standards for all public officials.
- 2. Breach of the Code constitutes misconduct, and may lead to disciplinary or legal action, as provided by Act.
Article 118: Anti-corruption investigations
- 1. The Office of Public Prosecutions, acting in co-operation with the National Audit Office, shall establish a specialised Directorate for Anti-Corruption, empowered to investigate corruption, bribery, money-laundering, and related offences.
- 2. The Directorate and the National Audit Office may share information, conduct joint audits or inspections, and form mixed task teams, subject to judicial warrant where required. Special investigative techniques, including controlled delivery, undercover operations, and financial tracking may be employed, only under prior judicial authorisation.
Article 119: Annual integrity report
- The National Audit Office, the Civil Service Commission, the National Electoral Administration, the Office of Public Prosecutions, and the Independent Advocates shall jointly produce an integrity report evaluating the efficacy of anti-corruption measures, public-information practices, and whistleblower protections. The National Assembly shall debate the report within sixty days of its submission.
Article 120: National Open-Data Repository
- 1. The Repository is a single public portal, jointly managed by the National Bureau of Statistics and the Minister responsible for government archives.
- 2. All datasets, reason dockets, regulatory impact statements, and court judgements required to be public under this Constitution shall be deposited in open, machine-readable format.
- 3. A Constitutional Act shall prescribe technical standards, metadata requirements, and user feedback mechanisms.
Article 121: Publication deadlines for official documents
- 1. Reason dockets for Bills, regulations, and Cabinet decisions shall be published not later than the next working day after introduction or adoption.
- 2. Audit reports, National Civic Council memoranda, and committee reports shall be published within thirty days of adoption.
- 3. Cabinet minutes and de-classified security documents shall be released according to Article 142.
- 4. Failure to comply renders the underlying measure presumptively invalid, subject to confirmation by the Constitutional Court on application by any person.
Article 122: Citizens' petitions and complaints
- 1. Every person may submit petitions for redress of grievances or for legislative consideration. The National Assembly shall adopt rules ensuring acknowledgement within ten working days, and substantive response within ninety days.
- 2. Complaints of maladministration may be submitted to the National Audit Office, which shall investigate, and may recommend corrective or disciplinary action.
Article 123: Protection of personal data
- 1. Public bodies and officials shall collect, store, process, and disclose personal data only where authorised by law, for specified and legitimate purposes, and in a manner that respects the privacy rights guaranteed in Article 44.
- 2. Independent oversight, complaint, and remedial mechanisms governing personal data practices shall be prescribed by Constitutional Act.
Article 124: Sanctions for integrity breaches
- 1. The National Assembly shall enact offences and penalties for corruption, obstruction of oversight bodies, destruction of public records, misuse of classified information, and other integrity breaches.
- 2. Conviction may include disqualification from public office for up to ten years, in addition to criminal penalties.
Chapter X: Public Finance and National Economy
Article 125: Consolidated Revenue Fund
- 1. All monies, revenues, taxes, fees, fines, rents, dividends, and other receipts of whatever nature collected or received by the Executive Government shall form one Consolidated Revenue Fund, and shall be appropriated only as authorised by law.
- 2. No public money shall be spent, and no liability incurred, except under an appropriation made by an Act of the National Assembly, in accordance with this Chapter.
Article 126: Annual Budget and wellbeing accounts
- 1. The Cabinet shall, not later than ninety days before the start of each financial year, lay before the National Assembly a Budget Bill setting out:
- (a) projected revenue, expenditure, and borrowing;
- (b) the allocation of funds to each Ministry, Independent Institution, and statutory body; and
- (c) a Wellbeing Account containing evidence-based indicators of economic, social, environmental, and cultural progress, prepared in consultation with the National Bureau of Statistics.
- 2. A supporting reason docket shall detail underlying macro-economic and scientific assumptions, risk analyses, and distributional effects.
- 3. The National Assembly shall debate and pass the Budget Bill, with or without amendment, before the commencement of the financial year.
- 4. Failing passage, the previous year's budget shall continue for up to four months, limited to routine expenditure, pending new appropriation.
Article 127: Supplementary and transfer appropriations
- 1. If, in the course of a financial year, the Cabinet determines that expenditure in excess of the approved budget is required, it shall present a Supplementary Appropriation Bill with a full reason docket.
- 2. Transfers between votes may be made by regulation, up to a cumulative ceiling of two per cent of total approved expenditure for that Ministry, provided the regulation is tabled in the National Assembly within seven days, and is not annulled within thirty.
- 3. Any expenditure incurred without proper authorisation is recoverable personally from the official who ordered it, unless regularised by subsequent Act after National Audit Office investigation.
Article 128: Borrowing and public debt
- 1. The Republic may borrow money only:
- (a) under explicit authority of an Act specifying purpose, ceiling, and repayment terms;
- (b) in accordance with a medium-term debt-management strategy published by the Reserve Bank of the Novella Islands, and approved by the National Assembly.
- 2. Total outstanding public debt shall not exceed a ratio to gross domestic product set by Constitutional Act, save where the National Assembly waives the ceiling by a resolution of a two-thirds majority of Members of the National Assembly present and voting, accompanied by evidence from the National Audit Office and the Reserve Bank of the Novella Islands.
- 3. All loan agreements and debt service payments shall be recorded in the National Open-Data Repository.
Article 129: Reserve and contingency funds
- 1. The National Assembly may establish reserve funds for stabilisation, natural-disaster relief, or sovereign investment.
- 2. Withdrawals require prior National Assembly approval by a resolution of a simple majority of Members of the National Assembly present and voting, except as provided in paragraph 3.
- 3. In a certified state of disaster, the First Minister may authorise emergency withdrawals up to one per cent of the previous year's total expenditure, subject to ratification by a resolution of a simple majority of Members of the National Assembly present and voting within thirty days.
Article 130: Revenue administration
- 1. Taxes and duties shall be imposed only by Act, and shall be certain, equitable, evidence-justified, and publicised before collection.
- 2. Retroactive taxation is prohibited unless the Constitutional Court certifies, on National Audit Office petition, that the measure is narrowly tailored to remedy an abuse, and does not unduly burden legitimate reliance.
Article 131: Public procurement
- 1. Procurement of goods, services, and works shall be effected by open, competitive, and transparent processes based on value for money and lifecycle cost.
- 2. A Constitutional Act shall establish procurement rules, complaint mechanisms, and blacklisting for corrupt suppliers.
- 3. All concluded contracts, except those lawfully classified, shall be published within fourteen days, together with the winning bid and comparative evaluation.
Article 132: State participation in strategic sectors
- Major productive and network industries are operated as State-owned enterprises. Private or mixed-ownership participation in a sector of national importance may be authorised only by Constitutional Act, subject to strict quotas, licensing, and oversight.
Article 133: Quarterly execution reports
- The Cabinet shall publish, within thirty days after the end of each quarter, a report comparing actual revenue and expenditure with budgeted figures, explaining variances, and updating the Wellbeing Account indicators.
Article 134: Audit and follow-up
- 1. The National Audit Office shall audit the final accounts of each financial year, and submit a report within six months after year-end.
- 2. The responsible Minister must, within sixty days of tabling, present to the National Assembly a corrective action plan addressing National Audit Office recommendations.
- 3. The National Assembly Standing Committee on Finance shall monitor implementation, and may summon officials to testify publicly.
Article 135: Statistical transparency
- All macro-economic projections, datasets, and models used for budgeting purposes shall be peer-reviewed and released by the National Bureau of Statistics no later than the date of Budget Bill introduction.
Chapter XI: Defence, Security, and Public Order
Article 136: Civilian command and control
- 1. The defence and security forces of the Republic are subject, at all times, to civilian authority vested in the First Minister, who shall exercise command through the Minister for Defence and the Chief of the Defence Force.
- 2. No armed force shall be raised or maintained except under authority of a Constitutional Act.
Article 137: Volunteer nature of service
- Military and security service is voluntary. Compulsory conscription is prohibited.
Article 138: Declaration of hostilities
- 1. The Republic shall not engage in armed hostilities unless the National Assembly, on the basis of an evidence-supported dossier, adopts a Resolution of Necessity by an absolute majority of Members of the National Assembly present.
- 2. Where hostilities are initiated against the Republic, the First Minister may deploy forces immediately but shall, within seventy-two hours, seek retrospective approval under paragraph 1; failing approval, forces shall be withdrawn in an orderly manner.
Article 139: Use-of-force principles
- 1. Force may be employed only when strictly necessary, proportionate, and in pursuit of objectives consistent with international humanitarian law.
- 2. The Defence Force shall not be deployed for law-enforcement against the civilian population; maintenance of internal public order is the exclusive responsibility of the National Police Service, established under Article 143.
- 3. A Constitutional Act may establish a register of members of the Defence Force holding a concurrent warrant of the National Police Service. When activated under that warrant in response to an exigent threat to internal public order of a scale or character exceeding the operational capacity of the National Police Service, such personnel temporarily serve under the command, discipline, and rules of engagement of the National Police Service for the duration, and are not, for the purposes of paragraph 2, deployed as the Defence Force.
- 4. All operations shall be planned and reviewed with independent legal and ethical oversight; after-action reports, redacted only for operational security, shall be published within six months.
Article 140: Intelligence services
- 1. Intelligence collection and analysis shall be entrusted to civilian agencies established by Constitutional Act.
- 2. Strategic direction is set by the Cabinet; democratic oversight is exercised through:
- (a) the Standing Committee on Security and Intelligence of the National Assembly; and
- (b) the Independent Advocate for Defence and Security appointed under Article 141, who has continuous access to classified operations, and may petition the Constitutional Court for relief.
- 3. Each agency shall operate under a publicly available charter that specifies its mandate, permissible techniques, and reporting duties.
- 4. Any intrusive action that reveals the content of communications or activates personal devices shall comply with the safeguards in Article 44.
Article 141: Independent Advocate for security portfolios
- The National Assembly shall appoint, under Article 115, an Independent Advocate for Defence and Security who shall have continuous access to classified operations, facilities and documents; the Advocate may petition the Constitutional Court for relief if serious illegality or danger is perceived.
Article 142: Classification and de-classification of information
- 1. Information may be classified only to the minimum extent necessary to protect national security, the life of agents, or ongoing operations.
- 2. Every classification shall bear a sunset date not exceeding five years, renewable by reasoned decision subject to National Audit Office review.
- 3. After expiry or de-classification, documents shall be released in the National Open-Data Repository.
Article 143: Policing and law-enforcement framework
- 1. A single National Police Service, organised on professional and meritocratic lines, shall be responsible for civil policing.
- 2. Police powers of arrest, search, seizure require warrant, except as provided by law for narrowly defined exigent circumstances subject to post-factum judicial confirmation.
- 3. Police conduct is overseen by an Independent Police Conduct Authority established by Act; its annual report is debated by the National Assembly.
Article 144: Disaster and civil-protection duty
- 1. The Cabinet shall maintain capacities for disaster risk reduction, preparedness, response, and recovery, guided by empirical hazard assessments.
- 2. The First Minister may declare a disaster zone for a period not exceeding thirty days, extendable by a resolution of a simple majority of Members of the National Assembly present and voting, in order to mobilise resources and co-ordinate relief. The declaration:
- (a) shall not suspend or limit any fundamental right guaranteed by this Constitution; but
- (b) may authorise the temporary derogation, adjustment, or deferral of statutory rights or benefits created by Act, only to the extent strictly required by the emergency, and subject to review and revocation at any time by a resolution of a simple majority of Members of the National Assembly present and voting.
Article 145: Conscientious objection
- No person may be compelled to participate in military or security activities contrary to conscience; alternative civic service may be required, under a law of general application.
Article 146: Compliance with international humanitarian and human-rights law
- Rules of engagement, detention, and prosecution in armed conflict or security operations shall fully comply with international law. The Constitutional Court has jurisdiction to ensure such compliance, upon petition by any affected person or by the Independent Advocate.
Chapter XII: International Relations and Treaty Procedure
Article 147: Conduct of foreign affairs
- 1. The First Minister, acting through the Minister for Foreign Affairs, directs the foreign policy of the Republic, represents the State internationally, and manages diplomatic and consular relations.
- 2. The National Assembly exercises democratic oversight of foreign policy through debate, resolutions, and budgetary control.
- 3. International relations shall be guided by the Intellectual Imperative, peaceful coexistence, respect for international law, and the promotion of human dignity.
Article 148: Negotiation and signature of treaties
- 1. The Cabinet may authorise negotiation of a treaty; authorisation, accompanied by a reason docket, shall be notified confidentially to the Standing Committee on Foreign Affairs.
- 2. Upon conclusion of negotiations, the authorised Minister or plenipotentiary may initial or sign the agreed text, subject to subsequent approval under this Chapter; such signature creates no domestic legal effect.
Article 149: Submission to the National Assembly
- 1. Every signed treaty shall, within thirty days, be laid before the National Assembly together with:
- (a) the full authentic text;
- (b) a reason docket detailing objectives, empirical impact assessment, fiscal cost, and compatibility with the Intellectual Imperative; and
- (c) a draft Constitutional Act for implementation.
- 2. The National Assembly shall conduct public hearings and may amend the draft Act, provided that no amendment renders ratification inconsistent with the treaty text.
Article 150: Ratification by Constitutional Act
- 1. A treaty shall acquire the force of domestic law only upon enactment of the Constitutional Act referred to in Article 149 paragraph 1(c).
- 2. The Act shall set out any reservations, interpretative declarations, or understandings, consistent with the treaty.
Article 151: Provisional application
- 1. The National Assembly may, by a resolution of an absolute majority of Members of the National Assembly present, authorise provisional application of a treaty or of specified provisions thereof pending completion of ratification.
- 2. Provisional application ceases automatically twelve months after the resolution, unless ratification has been completed, or the National Assembly extends the period by further resolution.
Article 152: Withdrawal, suspension, and denunciation
- 1. Withdrawal from, suspension of, or denunciation of a treaty that is in force domestically shall require the same procedure as ratification, unless the treaty itself prescribes otherwise.
- 2. The Cabinet shall lay before the National Assembly a reason docket evidencing necessity and consequences; the National Assembly shall decide whether to approve termination by a resolution of an absolute majority of Members of the National Assembly present.
Article 153: Membership of international organisations
- 1. Accession to or withdrawal from an organisation that entails transfer or pooling of sovereign competences shall follow the procedures set out in this Chapter.
- 2. The National Assembly may, by Constitutional Act, delegate specific implementing competences to the organisation, provided democratic accountability and evidence-based oversight mechanisms are maintained.
Article 154: Publication of treaties
- All treaties in force for the Republic, together with their implementing Constitutional Acts and reason dockets, shall be printed in the Treaty Series and made available in the National Open-Data Repository.
Article 155: International dispute settlement
- The Republic recognises the compulsory jurisdiction of any international court or tribunal expressly accepted by Constitutional Act, and shall comply in good faith with final judgements or awards, subject to constitutional review of compatibility with fundamental rights.
Article 156: Extradition and mutual legal assistance
- 1. Extradition of any person shall be effected only under a treaty implemented by Constitutional Act, and upon judicial determination that minimum due-process guarantees will be observed.
- 2. Mutual legal-assistance requests shall be granted where consistent with the Constitution, domestic law, and the protection of fundamental rights.
Chapter XIII: Constitutional Amendment and Review
Article 157: Initiation of amendments
- 1. A Constitutional Amendment Bill may be introduced only by a motion endorsed by at least one-fifth of all Members of the National Assembly, and adopted by a resolution of a simple majority of all Members of the National Assembly.
- 2. The Bill shall clearly indicate that it proposes to amend this Constitution; it shall reproduce the exact wording to be inserted or repealed and be accompanied by:
- (a) a comprehensive reason docket; and
- (b) an impact analysis, prepared jointly by the National Audit Office and the research service of the Constitutional Court.
Article 158: Parliamentary passage
- 1. The National Assembly shall debate the Constitutional Amendment Bill in not fewer than two readings, separated by at least thirty days.
- 2. Passage at each reading requires a resolution of at least two-thirds of all Members of the National Assembly.
- 3. The National Assembly may not introduce unrelated matters by way of amendment to the Constitutional Amendment Bill.
Article 159: Certification by the Constitutional Court
- 1. After parliamentary passage the Constitutional Amendment Bill shall be transmitted to the Constitutional Court for ex-ante certification that:
- (a) the procedural requirements of Articles 157 and 158 were met; and
- (b) the amendment does not infringe Article 161.
- 2. The Court shall decide within thirty days; certification may be refused only on reasoned grounds.
- 3. If certification is refused, the Constitutional Amendment Bill lapses unless re-introduced in revised form.
Article 160: Referendum
- 1. A certified Constitutional Amendment Bill shall be submitted to a national referendum, to be held on the next Census Day or, if that would occur sooner than ninety days after certification, on the following Census Day.
- 2. The question shall be framed: "Do you approve the Constitutional Act titled '...'?"
- 3. For the amendment to be adopted, it must be approved by:
- (a) not less than two-thirds of valid votes cast nationwide; and
- (b) a majority of registered electors.
- 4. Results shall be certified by the National Electoral Administration and published in the Gazette; the amendment enters into force on the date specified therein or, failing specification, seven days after publication.
Article 161: Eternity clause
- 1. The following constitutional essentials are entrenched against diminution:
- (a) the unitary social republican form of State;
- (b) the separation of legislative, executive, and judicial powers;
- (c) the rights and freedoms set out in Chapter IV;
- (d) the Seven Tenets of the Intellectual Imperative reproduced in Annex A; and
- (e) this Article.
- 2. An amendment that clarifies or extends any entrenched provision, or that confers additional rights or stronger safeguards fully compatible with the entrenched principles, is permissible. An amendment that repeals, restricts, or contradicts any element listed in paragraph 1 is prohibited and void.
Article 162: Periodic constitutional review
- 1. Every twenty years, the National Assembly shall convene a Constitutional Review Commission comprised of:
- (a) the Chief Justice;
- (b) six Members of the National Assembly, proportionally representing party lists;
- (c) six members elected by the National Civic Council;
- (d) three scholars in constitutional law and empirical social science.
- 2. The Constitutional Review Commission shall review the functioning of the Constitution and may recommend amendments, which shall proceed under the procedures set out in this Chapter.
- 3. Failure to convene the Constitutional Review Commission within three months of the due date may be challenged in the Constitutional Court by any citizen.
Article 163: Judicial review of amendment process
- 1. Compliance with procedural requirements for constitutional amendment is justiciable.
- 2. A petition alleging irregularity may be filed with the Constitutional Court by any Member of the National Assembly, the National Audit Office, or any group of at least ten thousand registered electors within thirty days of the contested step.
Article 164: Consolidation and numbering
- After each constitutional amendment, the authority designated by law to maintain the official text shall, within thirty days, prepare and publish an updated consolidation that marks all insertions, repeals, and substitutions, and may renumber articles and adjust cross-references only where necessary for coherence.
Article 165: Language of amendments
- All amendment texts shall be adopted and published in Novellan English; official translations may be issued for information.
Chapter XIV: Transitional and Final Provisions
Article 166: Entry into force
- 1. This consolidated text restates and harmonises the Constitution adopted on 1 January 1970, as amended to 15 January 2024, and enters into force on 16 January 2024.
- 2. It supersedes previous compilations, but does not affect the validity of amendments duly adopted before that date.
Article 167: Continuity of laws
- 1. All institutions, officers, laws, regulations, and other lawful acts in force immediately before the commencement of this consolidation - including those preserved from earlier constitutional orders - continue in office or in force, except to the extent that they are inconsistent with this Constitution, as now consolidated.
- 2. Rights and obligations lawfully acquired before the commencement of this consolidation remain enforceable, unless and until altered in accordance with law.
- 3. The National Assembly shall, within five years, review and bring into conformity all pre-existing laws.
Article 168: Validation of institutions and appointments
- 1. All office-holders lawfully in office under the previous text continue in office for the remainder of their terms, unless removed in accordance with this Constitution.
- 2. Pending judicial or administrative proceedings continue unaffected.
Article 169: Construction of references to provinces
- Any reference in pre-existing law to provinces or provincial institutions shall, unless otherwise provided by Act, be construed as referring to the competent national authority.
Article 170: Interim budget and elections
- 1. If the financial year begins before the first Budget Bill under Article 126 is enacted, spending shall proceed on a vote-on-account not exceeding one-third of the previous year's appropriations.
- 2. The next general election after commencement of this consolidation shall be held on Census Day of 2026, unless the National Assembly is dissolved earlier under Article 76.
Article 171: Repeal of inconsistent constitutional texts
- Upon commencement, any constitutional provision still extant in earlier repealed or superseded instruments that conflicts with this consolidation is hereby abrogated.
Article 172: Authority to correct references
- The authority designated by law to maintain the official text may, with the concurrence of the National Audit Office, renumber articles, correct cross-references, and rectify typographical errors in official publications, provided such corrections are reported to the National Assembly.
Article 173: Custody of authentic text
- The original parchment of this Constitution shall be deposited in the National Archives; a certified digital copy shall be held in the National Open-Data Repository, and deemed equally authentic.
Article 174: Official publication
- This consolidation shall be published in the Official Gazette and the National Open-Data Repository on the day of its entry into force; any person may obtain a printed or electronic copy at cost.
Article 175: Resolution of constitutional silences
- 1. A matter arising for which this Constitution makes no specific provision may be regulated by Act, provided that the Act is consistent with the principles articulated in this Constitution.
- 2. Where legislation is absent, the Constitutional Court shall resolve the matter in accordance with the spirit, purpose, and structure of this Constitution, the Intellectual Imperative, and comparative constitutional best practice.
Annex A: The Intellectual Imperative
First Tenet: Primacy of Reason and Evidence
- No policy may stand unless any citizen, given the same facts and logic, can retrace and contest its reasoning. This standard dictates individual behaviour as well as national governance, making evidence-based thinking the daily ethic, and banishing superstition, prejudice, and unexamined habit from our lives.
Second Tenet: Equal right and common duty to lifelong learning
- Every citizen, regardless of origin or means, holds an unconditional claim to the full ladder of education, and the state must remove every financial, linguistic, or geographic barrier. Each individual therefore bears a continuing obligation to stay informed, so that their knowledge, decisions, and labour elevate society as a whole.
- Knowledge of public consequence must circulate with methods, data, and uncertainties exposed so no faction can hoard advantage. All citizens share a responsibility to confront and correct falsehood, for silence in the face of demonstrable error is complicity.
Fourth Tenet: Meritocratic stewardship
- Authority belongs only to those whose proven competence and transparent results withstand public and peer review; lineage, wealth, or popularity confer no mandate. Selection is competitive, advancement conditional, and dismissal swift when evidence shows incapacity.
Fifth Tenet: Peaceful application of power
- Power born of knowledge is legitimate solely for safeguarding human life, self-determination, and sustainable coexistence. Every coercive lever - military, economic, cultural, or otherwise - is continuously audited, publicly justified, and followed by repair and reconciliation, so necessity never drifts into excess.
Sixth Tenet: Perpetual critique and self-revision
- No idea, statute, theory, or institution is absolute or final; superior evidence obliges immediate revision, amendment, or repeal. A civilisation devoted to learning treats correction not as humiliation, but as essential maintenance of the common mind.
Seventh Tenet: Humanist solidarity
- Intellect fulfils its purpose only when it elevates human dignity, and lessens suffering. Accordingly, progress is judged not by growth or efficiency alone, but by the inclusive, concrete betterment of every person's material, emotional, and cultural life.