Constitution of the Democratic Republic of Tūrnia

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Constitution of the Democratic Republic of Tūrnia
Tūrnian Constitution page 1.png
Page 1 of the Constitution
Created September 10, 2018
Ratified September 18, 2018
Date effective September 18, 2018
System Constitutional Democratic Republic
Branches 3
Chambers Unicameral
Executive President, Executive Offices
Judiciary Supreme, High, Appellate, First Courts
Entrenchments 1
First legislature January 1, 2018
First executive January 1, 2018
First court None
Amendments 0
Last amended None
Location Digital
Author(s) Ryan Shane
Media type Digital

The Constitution of the Democratic Republic of Tūrnia is the supreme law of the Democratic Republic of Tūrnia. It comprises of four articles, and lays out the structure of the Tūrnian government. The Constitution was written by Ryan Shane, the founder of Tūrnia, and was amended and subsequently ratified by the members of the 1st Tūrnian Constitutional Convention.

The Constitution lays out the three branches of the Tūrnian government, including the legislative Senate, executive President, and judicial courts. It also lays out how Senators and the President are elected and rights of citizens.

Since the Constitution came into force in September 2018, it has not been amended, however, members of the Democratic-Socialist party have suggested amendments, including one to extend rights to all people, in addition to just Tūrnian citizens, and one to expand the Senate, due to its small size when the population is small.

History

Drafting

The Constitution was originally drafted by Ryan Shane, in early September 2018. It was inspired by the United States Constitution, Bill of Rights of the United States, and the Roman Republic. It was written digitally, as the Constitutional Convention did not meet in person. The Constitution is very liberal and affords citizens many rights, including speech, religion, and net neutrality. This reflects the beliefs of Shane, who went on to found the Democratic-Socialist party. It was presented to the 1st Constitutional Convention on September 10th, 2018.

Ratification

Following the drafting of the Constitution, a Constitutional Convention was called in order to debate and ratify the new Constitution. The Convention consisted of 4 members: Ryan Shane, Timothy Schoonover, Bernhard, and DomicusVillicus. Many amendments were argued and passed, including removing restrictions on who can run for office, however, these occurred before ratification, so they are considered part of the text itself. Due to the low amount of delegates, the ratification required a unanimous vote, which was achieved on September 18th, 2018. After ratification, there was an atempt by Shane to pass Senate Rules in order to have them for the 1st Senate, but this was defeated due to too much debate. It was then agreed to dissolve the Convention and hold elections for the terms beginning in January on December 10th.

Influences

The Constitution was heavily influenced by the United States Constitution, Bill of Rights of the United States, and the Roman Republic, however, there were other influences, including an online discussion on bodily autonomy, which led to that respective right, and the concept of net neutrality. This is the first constitution or bill of rights where these are explicitly protected. The Constitution's right to bodily autonomy was also inspired by Roe v. Wade, a landmark United States Supreme Court case in which the right to an abortion was protected under the right to privacy.

Additionally, the Constitution was inspired by other liberal ideals, including 19 individual rights, and fairer representation under single-transferable vote for Senators, and a modified popular vote for the President. This is in contrast to the United States Constitution, which establishes an electoral vote for the President. Also, gerrymandering is banned by Article I-1.(e)-iv, guaranteeing fair representation in the Senate. Lastly, the Constitution bans Acts of the Senate based on "untruths and may not contradict accepted fact and scientific theory." This is inspired by laws in the United States and other places which attempt to overrule science, such as the attempted Indiana Pi Bill.

Democratic-socialism also inspired the Constitution, which protects the rights to free health care and free education. This is the only national Constitution that protects those rights.

Since the United States Constitution served as a basis for this Constitution, the judicial branch is also based on English Common Law, the basis of the United States judicial system. However, the Tūrnian judicial system is also based on the Roman judicial system.

Original Frame

The Constitution was never given a title and is simply referred to as "The Constitution of the Democratic Republic of Tūrnia" or the "Tūrnian Constitution".

Preamble

First sentence of the Constitution
First sentence of the Constitution of the Democratic Republic of Tūrnia

The preamble serves as an introduction to the Constitution. It also establishes that this Constitution governs the people of the Democratic Republic of Tūrnia, and exists to protect them. It also establishes the Constitution serves as the basis for all law in the Democratic Republic of Tūrnia.

Article I

Article I establishes and describes the Senate, the legislative branch of the Democratic Republic of Tūrnia. This article states that the Senate must consist of 2 Senators for each Senatorial District. There is one Senatorial District for every 10,000 citizens, however if there is only one Senatorial District, it has 3 Senators. Article I also establishes the powers of the Senate and Acts of the Senate.

The Senate has the power to pass Acts of the Senate, which can create laws, confirm appointments, and ratify treaties. Additionally, the Senate can pass Acts of Impeachment, which can remove an Executive Official or Judge for "gross misconduct, treason, espionage, or other high crimes." Also, the Senate can amend the Constitution within a Constitutional Convention, which can be started by a petition of 5 percent of citizens or two-thirds majority vote in the Senate.

Article I also includes the only entrenched clause, making it harder for Senators to raise their salary, especially without the consent of the citizens.

Article II

Article II establishes and describes the President and Executive Officers. The President acts as the diplomatic head of state, and has the abilities to sign treaties, pardon others, appoint executive officers, and approve or deny Acts of the Senate that pass with a majority greater than one half but less than two-thirds. Treaties signed by the President must be ratified by an Act of the Senate.

Executive Officers and Executive Offices are rule-making bodies. They are established by Acts of the Senate, but the Executive Officers are appointed by the President. Each has a specific industry or scientific field focus, and they are permitted to regulate their respective industry. However, any regulation they pass can be overruled by an Act of the Senate. Executive Officers are also next in succession, in the event a President is impeached or dies.

Article III

Gavel
A gavel, which represents the power of a Judge or Court

Article III establishes and describes the judicial branch of the Democratic Republic of Tūrnia. The judicial branch consists of four levels, the Supreme Court, the High Courts, the Appellate Courts and the First Courts. 7 justices serve on the Supreme Court. The Supreme Court is considered to have judicial review and can strike down Acts of the Senate as unconstitutional. The Supreme Court also has original jurisdiction over lawsuits with the Democratic Republic of Tūrnia as a defendant and Senatorial Injunctions. Impeachment trials are also held before the Supreme Court. The Supreme Court has appellate jurisdiction over trials in the High Courts where one or more party appeals to the Supreme Court or trials in local or municipal courts where one or more party claims that a law or Act is unconstitutional, and appeals to the Supreme Court. This also de facto establishes a constitutional baseline for local-level courts.

The High Courts are divided, one for criminal cases, and one for civil cases. Each court is composed of 5 justices, one of whom in each court is the Chief Justice. Only the Civil High Court has original jurisdiction, over lawsuits with Executive Offices, other Government Agencies, or cities within the Democratic Republic of Tūrnia as a defendant. The entire High Court, however, has appellate jurisdiction over trials in the Appellate Courts where one or more party appeals to the High Courts and trials in local Courts wherein one party appeals, citing an unconstitutional law. This is quite similar to the Supreme Court's appellate jurisdiction over unconstitutional laws, but is different in that a local case can be either appealed to the High Court or the Supreme Court.

The First and Appellate Courts are unique, in that they have jury trials, and that each judge presides on their own, instead of as a panel. The Appellate Court is also the only court that does not have original jurisdiction, the First Court is the only court without appellate jurisdiction. The First Court serves as the first place someone is tried, and is where most lawsuits and all criminal cases, excluding impeachments, start. The Appellate Court has appellate jurisdiction over cases appealed from the First Courts.

Article IV

United States Bill of Rights
The United States Bill of Rights, on which Article IV is based

Article IV establishes the requirements for citizenship in the Democratic Republic of Tūrnia, and the rights of Citizens. Also, Article IV establishes the voting system, with single-transferable vote for Senators, and a modified popular vote for the President. The rights of citizens that are protected are:

(a) All Citizens have the Right to freedom of Speech.

(b) All Citizens have the Right to freedom of and from Religion.

(c) All Citizens have the Right to freedom of Press.

(d) All Citizens have the Right to freely Assemble.

(e) All Citizens have the Right to Petition the Government.

(f) All Citizens have the Right to Equal Treatment.

(g) All Citizens have the Right to Privacy, and Against Unreasonable Search and Seizure, and a Warrant for Search may not be issued except where there already exists probable cause.

(h) All Citizens have the Right to Bodily Autonomy, and may not be forced to or not to undergo a Medical Procedure, except in situations where their life is threatened and they are incapacitated, or where the health of others is threatened, such as Vaccination.

(i) All Citizens have the Right to Free and Complete Healthcare.

(j) All Citizens have the Right to a Free and Complete Education.

(k) All Citizens have the Right to Just Punishment and against Cruel Punishment.

(l) All Citizens have the Right to an Able and Affordable Lawyer to Represent them in a Court.

(m) All Citizens have the Right to a Neutral Internet, where no Internet Service Provider throttles or blocks websites.

(n) All Citizens have the Right to not have Military Quartered within their Property.

(o) All Citizens have the Right to own any type of Property, except Financial Products.

(p) All Citizens have the Right to contest a dispute in a Civil trial, where the amount of the dispute exceeds 10 dollars.

(q) All Citizens accused of a crime have the Right to a speedy and just Trial before an impartial Jury, except in appeals before the Supreme and High Courts and matters of Impeachment.

(r) All Citizens accused of a crime have the Right to be considered Innocent before Proven Guilty, and the Government must prove that the accused is Guilty, beyond a Reasonable Doubt.

(s) All Citizens of at least 18 years of age have the Right to Vote.

Amendments

The Constitution has not yet been amended.

Additional Links

Full Constitution