Constitution of New Shetland
| Constitution of New Shetland | |
|---|---|
 Front cover of the document (2022). | |
| Created | 21 August 2022 |
| Ratified | 21 August 2022 |
| Location | Hillsborough Palace |
| Author(s) | Liam Lithgow |
| Purpose | To create precedents according to which New Shetland is acknowledged to be governed. |
The Constitution of New Shetland is the aggregate of fundamental principles or established precedents that constitute the legal basis of New Shetland, determines how the nation is to be governed. It is widely viewed as the supreme law of the country.
The author, Liam Lithgow, would later become the President of New Shetland.
History
On 18 August 2022, Liam Lithgow established the Provisional Council of State. The purpose of the council of state was to fully establish the Republic of New Shetland as an independent, sovereign nation, declaring her independence from New Zealand. The council also had the task of creating the Constitution of New Shetland, the supreme law of the Republic of New Shetland, and the forming of an interim government.
The Provisional Council of State, under the leadership of Liam Lithgow created the Constitution of New Shetland over the space of the three day council.
The Constitution
The Constitution of New Shetland states as follows:
Introduction
Preamble
We, the people of the Republic of New Shetland, through the representation of the Provisional Council of State, set out this constitution to be the supreme law and founding document of the Republic of New Shetland. The aim of this constitution is to provide the perimeters around our nation’s systems and laws. It sets out the guidelines of governance and the rights of all citizens of the Republic of New Shetland.
The first version was written and agreed upon on the twentieth day of August, in the year of our Lord two thousand and twenty-two. This is the official English version of the present text. It is based upon constitutions from around the world, both micronational and macronational.
1. State Structure and Territory
State Structure
Article 1.1 The Republic of New Shetland is a Unitary Parliamentary Constitutional Republic in the form of a Republic.
Territory
Article 1.2 The Republic of New Shetland is located in multiple areas around the Auckland Region, including Mt Roskill, Remuera and Avondale.
Article 1.3 The Republic of New Shetland claims the territory covered by the Auckland City and Northland, extending from Waitakere in the west, Maraetai in the east, Cape Reinga in the north and Pukekohe in the south.
Article 1.4 The territories both occupied and claimed by the Republic of New Shetland shall only be modified by the approval of the Legislative Assembly, the Cabinet of the Republic and the President of the Republic, and should be established by constitutional amendment.
2. The People of New Shetland
The people of New Shetland and their rights
Article 2.1 All citizens are born free and equal in dignity and rights. They are endowed with reason and conscience and should act toward one another in a spirit of respect and equality.
Article 2.2 Each citizen is entitled to the rights and freedoms set forth in this Constitution, without distinction of any kind, such as race, colour, language, religion, political or other opinion, national or social origin, property, birth, sexuality, gender, socioeconomic status, disability status or other status.
Article 2.3 Each citizen has the right to life, liberty, and the security of their person.
Article 2.4 No one shall be held in slavery or involuntary servitude. Slavery and the slave trade in all their forms are abolished.
Article 2.5 No one shall be subjected to torture, inhumane, or degrading treatment or punishment.
Article 2.6 Every citizen has, wherever they are, the right to be recognized as a person before the law.
Article 2.7 Every citizen is equally entitled to a fair and public hearing by an impartial tribunal in the determination of their rights and obligations and to determine the merits of a criminal charge against them.
Article 2.8 No one shall be subjected to arbitrary interference with their privacy, family, home or correspondence, nor to attacks upon their honour and reputation. Everyone has the right to protection by the law against such interference or attacks.
Article 2.9 Without any restriction due to race, nationality, or religion, men, women and those who identify as a third or different gender of marriageable age have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage, and at its dissolution.
Article 2.10 Marriage shall be entered into with the free and full consent of both spouses.
Article 2.11 The family, regardless of makeup or quantity of members, is the natural and fundamental group unit of society and is entitled to protection by society and by the State.
Article 2.12 Every citizen has the right to own property alone as well as in association with others.
Article 2.13 No one shall be arbitrarily deprived of their property.
Article 2.14 Every citizen has the right to freedom of thought, conscience and religion, provided it does not infringe upon the rights and freedoms of others. This right includes freedom to change one’s religion or belief and freedom, either alone or in community with others and in public or private, to manifest their religion or to confess belief in teaching, practice, worship, and observance of religious commandments and regulations.
Article 2.15 Every citizen has the right to freedom of opinion and expression. This right includes freedom to hold opinions without interference and to seek, receive, and impart information and ideas through any media and regardless of frontiers, provided it does not infringe upon the rights and freedoms of others.
Article 2.16 Every citizen has the right to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits.
Article 2.17 Every citizen is entitled to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which they are the creator.
Article 2.18 In the exercise of their rights and freedoms, everyone shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and to meet the just requirements of morality, public order, and the general welfare in a democratic society.
Article 2.19 Because the Republic of New Shetland is not legally recognised internationally, the law of the country of origin of the citizen holds precedence over New Shetland law.
Application for citizenship
Article 2.20 Because the Republic of New Shetland is not legally recognized internationally, the candidate for citizenship accepts that New Shetland citizenship does not supersede their present nationality.
Article 2.21 Because the Republic of New Shetland is not recognized in international law, it cannot be held accountable in relation to citizenship or documents of the country of origin.
Article 2.22 The candidate for citizenship accepts that they may at any time renounce their citizenship, provided they notify by letter to the Cabinet of the Republic.
Article 2.23 The candidate for citizenship shall provide a document in which the candidate promises that all provided information is accurate and that they agree to the following conditions:
- New Shetland citizenship is subject to the laws of the country of origin and international law;
- New Shetland citizenship is not to be used in any way on official travel documents;
- New Shetland citizenship is held with pride. Intolerant behaviour and illegal activities that may harm the image of New Shetland shall result in the revocation of one's citizenship by the Cabinet of the Republic;
- To pledge allegiance to the Republic of New Shetland, her cause, and her people;
- To understand the legal difference between a micronation and an officially recognised country.
Article 2.24 Only New Shetland identity cards or certificates issued by the Republic of New Shetland are valid. All third-party documents regarding New Shetland citizenship are illegal.
Freedom of religion
Article 2.25 The separation of church and state is guaranteed and shall never be violated.
Article 2.26 The Republic of New Shetland recognizes all religions. Religion is defined as "any specific system of belief about deity, often involving rituals, a code of ethics, a philosophy of life, and a worldview."
Open Democracy
Article 2.27 All amendments to the Constitution of the Republic of New Shetland are to go through a nation-wide referendum.
3. The Head of State
Rights and obligations
Article 3.1 The President of the Republic of New Shetland is the official Head of State:
- The President of the Republic of New Shetland is Liam Hugh Michael Lithgow, the founding father of the Republic of New Shetland;
- The President of the Republic of New Shetland shall receive the title ‘His Excellency’ or ‘Her Excellency’.
Article 3.2 The President of the Republic of New Shetland is inviolable, they cannot be forced to resign the position.
Article 3.3 The President of the Republic of New Shetland, or their appointed representative, is empowered to sign treaties with other nations.
Article 3.4 The President of the Republic of New Shetland appoints and dismisses their ministers.
Article 3.5 The President of the Republic of New Shetland is the commander-in-chief of the New Shetland Guard, and bestows military ranks.
Article 3.6 The President of the Republic of New Shetland appoints and dismisses ambassadors.
Article 3.7 The President of the Republic of New Shetland has the right to implement and produce currency.
Article 3.8 The President of the Republic of New Shetland has the right to bestow military/civil orders and titles.
Article 3.9 The President of the Republic of New Shetland and members of their family have no right to financial provisions from the Government.
Article 3.10 A piece of legislation to become law, it requires that The President of the Republic of New Shetland give their Assent, which can be given by their person verbally in writing, or through the affixing of their seal or by their signature.
The President of the Republic
Article 3.11 The role of the President of the Republic of New Shetland is held for life. This period ends either when the President of the Republic of New Shetland resigns or dies.
Article 3.12 At the point that the President of the Republic of New Shetland role is vacant, the Legislative Assembly elects a new President of the Republic of New Shetland:
- A candidate must have been a citizen of the Republic of New Shetland for at least a year;
- A candidate must have a clean criminal record within the Republic of New Shetland.
Article 3.13 The candidate must receive at least two-thirds of the Legislative Assembly’s vote to assume the role.
Article 3.14 The President of the Republic of New Shetland takes control of his role when the following oath is said before the Cabinet of the Republic:
“In the presence of everyone assembled here, and in full realisation of the high calling I assume as President of the Republic of New Shetland, I, (full name), swear that I will be faithful to the Republic of New Shetland, and will obey, observe, uphold and maintain the Constitution and all other law of the Republic; and I solemnly and sincerely promise that I will always promote all that will advance the Republic, and oppose all that may harm it; protect and promote the rights of all citizens of the Republic of New Shetland; discharge my duties with all my strength and talents to the best of my knowledge and ability and true to the dictates of my conscience; do justice to all; and devote myself to the well-being of the Republic and all of its people. So help me God.”
4. The Cabinet of the Republic
Article 4.1 The Cabinet of the Republic is the grouping of ministers of the Government of the Republic of New Shetland.
Article 4.2 The Cabinet of the Republic is the executive power within the Republic of New Shetland.
Article 4.3 The Chairperson of the Cabinet of the Republic is the Prime Minister of the Republic of New Shetland.
Ministers
Article 4.4 Ministers within the Cabinet of the Republic include:
- ‘Prime Minister’, the Head of Government and Head of the Commonwealth Cabinet;
- ‘Minister of Finance’, the Minister in-charge of the Treasury and the National Commonwealth Bank;
- ‘Minister of Justice’, the Minister in-charge of the Judiciary;
- ‘Minister of Foreign Affairs’, the Minister in-charge of foreign affairs with micronations and macronations;
- ‘Minister of Internal Affairs’, the Minister in-charge of the military, police and citizenship.
Article 4.5 The powers of the Ministers are:
- To implement decisions of the Cabinet of the Republic according to their portfolio;
- To determine whether decisions made are appropriate to be implemented by the assigned minister.
Article 4.6 Ministers of the Cabinet of the Republic are to receive the title ‘The Honourable’.
Article 4.7 Ministers of the Cabinet of the Republic are to be Members of the Legislative Assembly.
Article 4.8 A Minister who wishes to resign their mandate shall inform the Prime Minister in writing. The resignation is final as soon as the President is informed of it.
Article 4.9 Ministers of the Cabinet of the Republic are to take the following oath before the Cabinet of the Republic:
“I, (full name), swear that I will be faithful to the Republic of New Shetland and will obey, respect and uphold the Constitution and all other law of the Republic; and I undertake to hold my office as Minister and member of the Cabinet of the Republic with honour and dignity; to be a true and faithful counsellor; not to divulge directly or indirectly any secret matter entrusted to me; and to perform the functions of my office conscientiously and to the best of my ability. So help me God.”
Article 4.10 Alternatively, Ministers of the Cabinet of the Republic can take the following affirmation before the Cabinet of the Republic:
“I, (full name), affirm and declare that I will be faithful to the Republic of New Shetland and will obey, respect and uphold the Constitution and all other law of the Republic; and I undertake to hold my office as Minister and member of the Cabinet of the Republic with honour and dignity; to be a true and faithful counsellor; not to divulge directly or indirectly any secret matter entrusted to me; and to perform the functions of my office conscientiously and to the best of my ability.”
Functioning of the Cabinet
Article 4.11 The Prime Minister is the Chairperson of the Cabinet of the Republic.
Article 4.12 The Chairperson of the Cabinet of the Republic determines to convene the Cabinet of the Republic and the agenda of the meeting. Ministers may add business to the agenda at least one day before the meeting.
Article 4.13 The announcement of a meeting of the Cabinet of the Republic shall state at least the place, date, time and agenda of the meeting and include and list the proposals to be presented. The agenda must be sufficiently clear. Each item on the agenda shall be made available to all Ministers.
Article 4.14 The meetings are fully confidential unless declassified by the Cabinet of the Republic.
Article 4.15 The Chairperson of the Cabinet of the Republic is responsible for maintaining order at meetings.
5. The Legislative Assembly
Article 5.1 The Legislative Assembly is the legislative branch of the Republic of New Shetland, made up of elected representatives from around the Republic.
Article 5.2 Members of the Legislative Assembly are to receive the post-nominal ‘MLA’.
Article 5.3 Members of the Legislative Assembly are to take the following oath before the Legislative Assembly:
“I, (full name), swear that I will be faithful to the Republic of New Shetland and will obey, respect and uphold the Constitution and all other laws of the Republic, and I solemnly promise to perform my functions as a member of the Legislative Assembly to the best of my ability. So help me God.”
Article 5.4 Alternatively, Members of the Legislative Assembly can take the following affirmation before the Legislative Assembly:
“I, (full name), affirm and declare that I will be faithful to the Republic of New Shetland and will obey, respect and uphold the Constitution and all other laws of the Republic, and I solemnly promise to perform my functions as a member of the Legislative Assembly to the best of my ability.”
Composition
Article 5.5 There shall be ten members of the Legislative Assembly at one time; ten members.
Article 5.6 The Government sits on the right of the Chair of the Legislative Assembly.
Article 5.7 The Opposition sits on the left of the Chair of the Legislative Assembly.
Article 5.8 The Opposition is the largest non-government political entity.
Meetings
Article 5.9 The President of the Republic is the presiding officer of the chamber. Their job is to keep order through the Standing Orders and control the direction of the chamber. The Dean of the Legislative Assembly takes over if the President is unavailable.
Article 5.10 The President of the Republic determines to convene the Legislative Assembly and releases the agenda of the meeting at least one day before the sitting. Each item on the agenda is open to all citizens to view.
Article 5.11 The meetings of the Legislative Assembly are completely open to the wider public.
Article 5.12 The guidelines of Legislative Assembly sittings are found within the Standing Orders.
Elections
Article 5.13 Elections for the Legislative Assembly take place:
- Once every three months at the end of an assembly;
- When the Prime Minister approaches the President to call an election.
Article 5.14 The election period is one week.
Article 5.15 Seats within the Legislative Assembly are dealt out through Proportional Representation, using the D’Hondt Method.
Article 5.16 The Republic of New Shetland offers universal suffrage to all citizens.
Article 5.17 Elections are conducted by the Electoral Commissioner of the Republic of New Shetland.
6. Cultural
National symbols
Article 6.1 The national colours of the Republic of New Shetland are red, white, and blue.
Article 6.2 The national flag of the Republic of New Shetland consists of a white Nordic Cross, whilst in the background, red is on top and blue is on bottom.
Article 6.3 The national coat of arms of the Republic of New Shetland consists of a rotated white Nordic Cross, whilst in the background, red is on right and blue is on left. It is in the shape of an Iberian Shield.
Article 6.4 The national animal of the Republic of New Shetland is the Griffin.
Language
Article 6.5 The national languages of the Republic of New Shetland are English, Māori and Scottish Gaelic.
National anthem
Article 6.6 The national anthem of the Republic of New Shetland is “Hine e Hine”.
Holidays
Article 6.7 The national holiday of the Republic of New Shetland is 21 August, named 'New Shetland Day’, marking the creation of the nation.
Article 6.8 24 October, Labour Day, is a public holiday.
Article 6.9 All the holidays of the Roman Catholic Church are recognized by the Republic of New Shetland.
7. Justice
Article 7.1 The following oath must be said by judges within the Republic of New Shetland before assuming office:
“I, (full name), swear that, as a Judge within the Republic of New Shetland, I will be faithful to the Republic of New Shetland, will uphold and protect the Constitution and the human rights entrenched in it, and will administer justice to all persons alike without fear, favour or prejudice, in accordance with the Constitution and the law. So help me God.”
Article 7.2 Alternatively, judges within the Republic of New Shetland can take the following affirmation before assuming office:
“I, (full name), affirm and declare that, as a Judge within the Republic of New Shetland, I will be faithful to the Republic of New Shetland, will uphold and protect the Constitution and the human rights entrenched in it, and will administer justice to all persons alike without fear, favour or prejudice, in accordance with the Constitution and the law.”
Court
Article 7.3 The Chief Justice of the Republic of New Shetland is the supreme judge and representative of the judiciary, holding the title ‘The Honourable’:
- The Chief Justice is appointed by the President, through the advice of the Legislative Assembly and the Cabinet of the Republic, for a period of six months;
- The Chief Justice may personally select a further two justices (who gain the title ‘The Honourable’) to serve alongside them for the period of their term.
Article 7.4 Everyone charged with a crime is presumed innocent until proven guilty in a public trial at which they have been granted all that is necessary for a good defence.
Article 7.5 Only that which is prohibited by law is punishable.
Article 7.6 The highest punishment is the revoking of citizenship, which may be temporary or permanent. The punishment is pronounced by the Cabinet of the Republic.
Article 7.7 Citizens have the right to appeal to the Minister of Justice.
Article 7.8 Only the President may grant amnesty.
Penal Code
Article 7.9 Citizens who deliberately cause psychological or physiological damage to their fellow citizens shall be revoked their citizenship.
Article 7.10 All forms of cybercrime are prohibited in the Republic of New Shetland.
Article 7.11 The freedom of expression is limited by law with regard to scornful language, inciting hatred, and spreading lies.
Article 7.12 The Republic of New Shetland prohibits discrimination on the basis of the following criteria: age, sexual orientation, gender identity, disability, religion or belief, marital status, birth, wealth, political convictions, language, current or future state of health, physical or genetic characteristics, and social origin.
Article 7.13 The distribution of state secrets outside of the Republic of New Shetland is prohibited. The President has the power to declare what is a state secret.
8. National Security
Article 8.1 The Republic of New Shetland’s defence is administered by the New Shetland Guard.
New Shetland Guard
Article 8.2 The New Shetland Guard is the primary military force of the Republic of New Shetland.
Article 8.3 It is responsible for the safety and security of our nation’s territory, claims and people.
Article 8.4 The ceremonial commander-in-chief of the New Shetland Guard is the President.
Article 8.5 The commander of the New Shetland Guard is the Commandant.
9. Honours and titles
Article 9.1 The President has the right to bestow honours and titles upon citizens and non-citizens of the Republic of New Shetland.
Article 9.2 The Prime Minister, with advice from the Cabinet of the Republic, may make referrals to the President to bestow honours and titles upon citizens and non-citizens of the Republic of New Shetland.
Honours
Article 9.3 The following honours can be given to citizens and non-citizens of the Republic of New Shetland:
- The Order of New Shetland
- The Most Honourable Order of the Griffin
- The Presidential Service Order
- The Presidential Service Medal
Titles
Article 9.4 The following titles can be given to citizens and non-citizens of the Republic of New Shetland:
- His Excellency (President of the Republic of New Shetland)
- The Honourable (Cabinet, Justices)
- The Reverend (Religious Ministers)
Extent of use
Article 9.5 All Republic of New Shetland honours and titles are not recognized by international laws. Therefore, honours and titles cannot be used on official documents of the country of origin. The Republic of Shetland’s honours and titles are only legitimate in the Republic of Shetland and the micronational community.
Article 9.6 Republic of New Shetland titles, honours and ranks do not confer land grants, pensions or payments of any kind, nor rights of settlement, privileges or extraordinary treatment by the President and the Republic of New Shetland.
10. National Bank of New Shetland
Article 10.1 The National Bank of New Shetland is dedicated to providing diverse investment solutions to meet the evolving needs of the Republic of New Shetland. The National Bank of New Shetland is only a partner from the government and cannot deliver services to citizens. The President and the Cabinet of the Republic, represented by the Minister of Finance, are responsible for the management of the National Bank of New Shetland.
Article 10.2 The National Bank of New Shetland will publish a bi-annual report with a complete summary of all costs and expenses of the past six months.
Governor of the National Bank
Article 10.3 The National Bank of New Shetland shall be overseen by the Governor of the National Bank.
Article 10.4 The Governor of the National Bank shall be appointed by the President through the advice of the Prime Minister and the Cabinet of the Republic.
Article 10.5 The Governor of the National Bank’s term shall be set at six months.
11. Final Provisions
Article 11.1 This Constitution is in force from the date of its entry into force until its repeal.
Article 11.2 This Constitution shall enter into force on the day after the signing of this law.
Article 11.3 All articles of this Constitution are equal in importance. There is no hierarchy of importance among the articles. The Constitution stands above all other law in the Republic of New Shetland.
Article 11.4 This law may be cited as the Constitution.
Ratification
I order and command that this Constitution be enforced through the Republic of New Shetland, and that all ministries, authorities, bodies, and officials whom it may concern implement it precisely.
Signed at Hillsborough Palace, Republic of New Shetland, 21 August 2022.
Legacy
The Constitution of New Shetland remains the supreme land over New Shetland. As one of the first documents to come out of the nation, it has a huge amount of national importance. It is considered one of the country's founding documents, along with the New Shetland Proclamation of New Shetland.