User:Glide08/Sandbox/PineappleIslandsKingdom

From Wikisource
Jump to navigation Jump to search

Whereas in the course of human affairs history has shown that it may become necessary for a people to assume amongst the community of nations full responsibility for their own affairs to which they are entitled:

We, His Most High, Most Potent, Most Excellent and Most Christian Majesty, Nicholas I, by the Grace of God of the Pineapple Islands and the Pineapple Islanders King, Defender of the Christian Faith, do hereby accord, grant and concede to our subjects, as well for us as for our successors forever, the constitution enacted as follows:

In the Name of the Father, the Son, and the Holy Spirit, BE IT ENACTED by the National Consultative Assembly of the Pineapple Islands, as follows:

CHAPTER ONE THE KINGDOM AND THE CONSTITUTION

1. Establishment and Territory of the Pineapple Islands The Pineapple Islands are hereby constituted into a sovereign kingdom, to be styled the Kingdom of the Pineapple Islands, which shall comprise all areas that were comprised in the former Pineapple Islands Federation.

2. Effect of this Constitution This Constitution shall have the force of law throughout the Pineapple Islands and, subject to the provisions of section 3 of this Constitution, if any other law is inconsistent with this Constitution, this Constitution shall prevail and the other law shall, to the extent of the inconsistency, be void.

3. Alteration of this Constitution (1) Parliament may alter any of the provisions of this Constitution, other than the provisions to which subsection (3) of this section applies, or (in so far as it forms part of the law of the Pineapple Islands) any of the provisions of the Pineapple Islands Act, 1966. (2) A bill for an Act of Parliament under this section, not being an Act to which subsection (3) of this section applies, shall not be passed in either House of Parliament unless it has been supported on second and third readings by the votes of not less than two-thirds of all the members of that House. (3) Alterations to this Constitution relating to: (a) the office of the King; (b) the extension of franchise, other than to male Pineapple Islands subjects of European Descent; or (c) this section, shall be effected only by Warrant under the King's hand.

CHAPTER TWO CITIZENSHIP

4. Subjects by birth Every person born (whether before or after the commencement of this Constitution) within the Pineapple Islands shall be a Pineapple Islands subject by birth : Provided that a person shall not become a Pineapple Islands subject by virtue of this section if at the time of his birth— (a) neither of his parents is a Pineapple Islands subject and his father possesses such immunity from suit and legal process as is accorded to the envoy of a foreign Sovereign power accredited to the Pineapple Islands; or (b) his father is an enemy alien and the birth occurs in a place then under occupation by the enemy.

5. Subjects by descent A person born (whether before or after the commencement of this Constitution) in a place outside the Pineapple Islands shall be a Pineapple Islands subject by descent if his father is a Pineapple Islands subject at the time of the birth: Provided that if the father of such person is a Pineapple Islands subject by descent only, that person shall not be a Pineapple Islands subject by virtue of this section.

6. Subjects by registration. (1) The following persons shall, if they are not Pineapple Islands subjects, be entitled, upon making application, to be registered as Pineapple Islands subjects: (a) any person who is married to a Pineapple Islands subject; (b) any person who, being a Commonwealth citizen, is ordinarily resident in the Pineapple Islands subject having been so resident for the period of fourteen years immediately preceding the date of his application; (c) any person who, having been a Pineapple Islands subject, has renounced his citizenship;

(d) any person who would, but for his death or renunciation of citizenship, have become a Pineapple Islands subject by virtue of sections 4 or 5; (e) any person who is married to any such person as is mentioned in paragraph (b), (c) or (d); (g) any person under the age of eighteen years who is the child of a Pineapple Islands subject of the child of a person who is or would, but for his death or renunciation of citizenship, have been entitled to be registered as a Pineapple Islands subject under any of the preceding paragraphs; and (h) such other persons as may be prescribed by Parliament: provided that if it is so provided by Parliament an application for registration as a Pineapple Islands subject under this subsection may, in such circumstances as may be prescribed by Parliament in the interests of defence, public safety or public order, be refused by the Minister responsible for the matter in any case in which he is satisfied that there are reasonable grounds for refusing the application. (2) An application for registration under subsection (1) shall be made in such manner as may be prescribed, as respects that application, by or under a law enacted by Parliament and, in the case of a person under the age of eighteen years, it shall be made on his behalf by his parent or guardian: Provided that, if any such person is or has been married, he may make the application himself. (3) Every person not already owing allegiance to the Crown who, having reached the age of eighteen years, applies for registration under subsection (1) shall, before such registration, taken the oath of allegiance.

7. Dual citizenship. There shall be no Dual citizenship for Pineapple Islands subjects.

8. Acquisition, renunciation, certification and deprivation. There shall be such provision as may be made by Parliament- (a) for the naturalization as Pineapple Islands subjects of persons who are not entitled to become Pineapple Islands subjects under sections 4, 5 or 6; (b) for the renunciation by any person of his citizenship; (c) for the certification of citizenship in relation to persons who are or were formerly Pineapple Islands subjects upon application by such persons or by such other interested persons as may be prescribed; and (d) for depriving of his citizenship any person who has become a Pineapple Islands subject by virtue of registration or naturalization if his citizenship was obtained by false representation or fraud or willful concealment of material facts or if he is convicted under any law of an act of treason or sedition: Provided that any law enacted for the purposes of paragraph (d) shall include provisions under which the person concerned shall have a right of appeal to a court of law of competent jurisdiction or other independent authority and shall be permitted to appear before the court or authority in person or, at his own expense, to be represented by a legal practitioner of his own choice.

CHAPTER THREE THE EXECUTIVE

PART ONE General

9. Executive authority. (1) The executive authority of the Pineapple Islands is vested in the King and, subject to the Provisions of this Constitution, may be exercised by him either directly or through officers subordinate to him. (2) Nothing in this section shall prevent the legislature from conferring functions on persons or authorities other than the King.

10. Exercise of Royal Functions In the exercise of his functions the King shall act in his own deliberate judgment except in cases where he is required by this Constitution to act in accordance with the advice of, or after consultation with, any person or authority.

11. King to be kept informed. Every Minister shall keep the King fully informed concerning the general conduct of the Government and shall furnish the King with such information as he may request with respect to any particular matter for which the Government is responsible.

12. Prerogative of mercy. The King may- (a) grant a pardon, either free or subject to lawful conditions, to any person convicted of any criminal offence under a law; (b) grant to any person a respite, either indefinite or for a specified period, of the execution of any punishment imposed on that person for any such offence; (c) substitute a less severe form of punishment for any punishment imposed on any person for any such offence; or (d) remit the whole or any part of any punishment imposed on any person for any such offence or of any penalty or forfeiture otherwise due to the Crown on account of any such offence.

13. Other Prerogatives The King may: (a) declare war and peace; (b) appoint and accredit diplomatic representatives; (c) confer honours and titles; and (d) generally engage in any symbolic or ceremonial functions as he sees fit.

PART TWO The King

14. King to be Head of State (1) The King shall be the Head of State and he shall bear the title of "His Most High, Most Potent, Most Excellent and Most Christian Majesty, [Regnal Name], by the Grace of God of the Pineapple Islands and the Pineapple Islanders King, Defender of the Christian Faith". (2) The King shall enjoy all the titles, dignities and pre-eminence as may be attached to him by an Act of Parliament. (3) The King shall take precedence over all persons in the State.

15. Succession to the Throne If the King dies or abdicates he shall be succeeded: (a) by his eldest son; or (b) if at the date of death or abdication of the King, the King has no son, by his eldest male next-of-kin.

16. Power of the King to appoint Regents (1) Whenever the King has occasion to be absent from the State, he may, by Warrant under his own hand, appoint a Regent to perform his functions under this Constitution in his name and on his behalf for the period of such absence, and so long as the appointment has effect the King's functions under this Constitution shall be per­formed accordingly by the Regent. (2) A Regent appointed under subsection (1) of this section shall cease to hold office: (a) upon the return of the King to the State; (b) if he resigns by writing under his hand addressed to the King; (c) if his appointment is terminated by the King; or (d) if the King ceases to be able to perform his functions under this Constitution otherwise than by reason of his absence from the State. (3) The King may appoint a person to any office of Regent if at any time during the subsistence of a Regency under this section that office has become vacant. (4) The power to appoint a Regent under this section shall not be exercisable during any period in which the King is under the age of twenty-one years or unable otherwise than by reason of his absence from the State to perform his functions.

17. Regents other than those appointed by the King (1) If at any time the King is under the age of twenty-one years or is unable otherwise than by reason of his absence from the State to perform his functions under this Constitution, or has absented himself from the State without appointing a Regent, his three eldest male next-of-kin over the age of twenty-one years shall act as Regents and as such shall have full authority to perform the functions of the King under this Constitution until he attains the age of twenty-one years, or is able to perform his duties, or returns to the State, or appoints a Regent under section 16 of this Constitution, as the case may be. (2) If any person entitled to act as a Regent under this section is absent from the State or is for any other reason unable to perform the functions of a Regent it shall be sufficient for the functions of the Regents under this section to be performed by two Regents.

18. Oath to be taken by Regent A Regent shall not assume the functions of the office of Regent unless he has first taken an oath for the due performance of that office in the form set out in the Second Schedule to this Constitution.

19. Civil List of the King Parliament shall by law provide a Civil List of the King, which shall be charged on the Consolidated Fund.

20. Immunity of the King from legal process. (1) Justice shall be administered in the name of the King. (2) The King shall be immune from all criminal process and from any civil process brought against him in his personal capacity.

PART THREE The Cabinet of Ministers

21. Cabinet. 22. Ministers. 23. Oaths to be taken by Ministers. 24. Allocation of portfolios. 25. Ministerial Secretaries. 26. Departmental Secretaries. 27. Secretary to Cabinet. 28. Attorney-General. 29. Control of public prosecutions. 30. Constitution of offices etc.

CHAPTER FIVE THE PARLIAMENT

PART ONE Composition of Parliament

31. Establishment. There shall be for the Pineapple Islands a Parliament which shall consist of the King and two Houses, namely, a House of Lords and a House of Commons.

32. Qualifications for Peers and Representatives. (1) Subject to section 33, a person shall be qualified to be appointed or to succeed as a Peer if, and shall not be so qualified unless, he is a male Pineapple Islands subject of European descent and of the age of thirty years or upwards and he or his father was born in the Pineapple Islands and he is domiciled there at the date of his appointment or his succession, as the case may be. (2) Subject to section 33, a person shall be qualified to be elected as a Representative if, and shall not be so qualified unless: (a) he is a male Pineapple Islands subject of European descent who and of the age of twenty-five years or upwards; (b) he or his father was born in the Pineapple Islands and he is domiciled there at the date of his nomination for election; and (c) he possess land worth at least seventy five thousand dollars and owns real and personal property worth at least seventy five thousand dollars above his or her debts and liabilities: provided that the amounts of seventy five thousand dollars expressed shall be modified yearly in accordance with the rate of change in the Consumer Price Index of the Pineapple Islands, and such a modification shall not, for the purposes of section 3, be deemed to be an alteration of this Constitution.

33. Disqualifications for Peers, Electors and Representatives. (1) A person shall not be qualified to be appointed or to succeed as a Peer or elected as an Elector for the election of Representatives or as a Representative if he: (a) is, by virtue of his own act, under any acknowledgement of allegiance, obedience or adherence to a foreign power or state; (b) expresses or is found to express, by virtue of his own act, republican or socialist opinions or blasphemy against Christianity; (c) is a minister of religion; (d) is an undischarged bankrupt, having been adjudged or otherwise declared bankrupt under any law; (e) is a person certified to be insane or otherwise adjudge to be of unsound mind under any law; or (f) is under sentence of death imposed on him by a court of law in any part of the Commonwealth or is serving a sentence of imprisonment (by whatever name called) exceeding twelve months imposed on him by such a court or substituted by competent authority for some other sentence imposed on him by such a court, or is under such a sentence of imprisonment the execution of which has been suspended. (2) If it is so provided by Parliament, a person shall not be qualified to be appointed or to succeed as a Peer or elected as an Elector for the election of Representatives or as a Representative if he holds or is acting in any office that is specified by Parliament and the functions of which involve responsibility for, or in connection with, the conduct of any election of Representatives or the compilation of any register of voters for the purpose of electing Representatives. (3) If it is so provided by Parliament, a person who is convicted by any court of law of any criminal offence that is prescribed by Parliament and that is connected with the election of Representatives or is reported guilty of such an offence by the court trying an election petition shall not be qualified, for such a period (not exceeding five years) following his conviction or, as the case may be, following the report of the court as may be so prescribed, to be appointed or to succeed as a Peer or elected as an Elector for the election of Representatives or as a Representative. (4) A person shall not be qualified to be elected as an Elector for the election of Representatives or as a Representative who is a Peer; and a person shall not be qualified to be appointed or to succeed as a Peer who is, or is nominated for election as, a Representative or who has at any time since the House of Commons was last dissolved stood as a candidate for election as a Representative without being so elected. (5) If it is so provided by Parliament, and subject to such exceptions and limitations (if any) as Parliament may prescribe, a person shall not be qualified to be appointed or to succeed as a Peer or elected as an Elector for the election of Representatives or as a Representative: (a) he holds or is acting in any office or appointment (whether specified individually or by reference to a class of office or appointment); (b) he belongs to any defence force or to any class of person that is comprised in any such force; (c) he belongs to any police force or to any class of person that is comprised in any such force; or (d) subject to any exception or limitations prescribed by Parliament, he has any such interest in any such government contract as may be so prescribed. (6) In this section- "government contract" means any contract made with the Government or with a department of the Government or with an officer of the Government contracting as such; "minister or religion" means any person in holy orders and any other person the principal function of whose occupation include teaching or preaching in any congregation for religious worship. (7) For the purposes of paragraph (e) of subsection (1)- (a) two or more sentences or imprisonment that are required to be served consecutively shall be regarded as separate sentences if none of those sentence exceeds twelve months, but if any one of such sentence exceeds that term they shall be regarded as on sentence; and (b) no account shall be taken of a sentence of imprisonment imposed as an alternative to or in default or the payment of a fine.

52. Determination of questions of membership. (1) The Judicial Committee of the House of Lords shall have jurisdiction to hear and determine any question whether: (a) any person has been validly elected as an Elector for the election of Representatives or as a Representative; (b) any person who has been elected as Speaker from among persons who were not Representatives was qualified to be elected or has vacated the office of Speaker; or (c) any Representative has vacated his seat or is required, by virtue of section 31(4), to cease to perform his functions as a Representative. (2) An application to the Judicial Committee of the House of Lords for the determination of any question under subsection (1)(a) may be made by any person entitled to vote in the election to which the application relates or by any person who was, or who alleges that he was, a candidate at that election or by the Attorney-General and, if it is made by a person other than the Attorney-General, the Attorney-General may intervene and may then appear or be represented in the proceedings. (3) An application to the Judicial Committee of the House of Lords for the determination of any question under subsection (1)(b) may be made by any Representative or by the Attorney-General and, if it is made by a person other than the Attorney-General, the Attorney-General may intervene and may then appear or be represented in the proceedings. (4) An application to the Judicial Committee of the House of Lords for the determination of any question under subsection (1)(c) may be made- (a) by any Representative or by the Attorney-General; or (b) in the case of the seat of a Representative, by any person registered in some constituency as a voter in elections of Representatives, and, if it is made by a person other than the Attorney-General, the Attorney-General may intervene and may then appear and be represented in the proceedings. (5) There shall be such provision as may be made by Parliament with respect to- (a) the circumstances and manner in which and the imposition of conditions upon which any application may be to the Judicial Committee of the House of Lords for determination of any question under this section; and (b) the powers, practice and procedure of the Judicial Committee of the House of Lords in relation to any such application. (6) No appeal shall lie from any decision of the Judicial Committee of the House of Lords in proceedings under this section. (7) In the exercise of his functions under this section, the Attorney-General shall not be subject to the direction or control of any other person or authority.

53. Clerks of Houses and their staff. (1) There shall be a Clerk of the House of Lords and a Clerk to the House of Commons. (2) The offices of the Clerks of both Houses of Parliament and the offices of the members of their staff shall be public offices.

PART TWO Composition of House of Lords

54. House of Lords. (1) The House of Lords shall consist of such number of Peers as is specified in subsection (2), who shall be appointed in accordance with section 55. (2) The maximum number of Peers shall be half of the number of Representatives, or, if the number of Representatives is not a multiple of two, half of the next higher number that is such a multiple. (3) Any person who sits or votes in the House of Lords knowing or having reasonable grounds for knowing that he is not entitled to do so shall be guilty of a criminal offence and liable to a fine not exceeding one hundred dollars, or such other sum as may be prescribed by Parliament, for each day on which he so sits or votes in the House of Lords. (4) Any prosecution for an offence under subsection (4) shall be instituted in the Judicial Committee of the House of Lords and shall not be so instituted except by the Attorney-General.

55. Appointment of Peers. 56. Tenure of office of Life Peers. 57. Tenure of office of Hereditary Peers. 58. Lord President. 59. Lord Deputy President.

PART THREE Composition of House of Commons

60. House of Commons. 61. Election of Electors and Representatives. (1) Each of the constituencies established in accordance with the provisions of section 80 of this Constitution shall return: (a) such number of Electors for the election of Representatives as is specified in subsection (5), who shall be elected directly by the voters in such manner as may, subject to the provisions of this Constitution, be prescribed by or under any law enacted by Parliament; and (b) one Representative to the House of Commons, who shall be elected directly by the Electors in such manner as may, subject to the provisions of this Constitution, be prescribed by or under any law enacted by Parliament. (2) Every male Commonwealth citizen of European descent of the age of eighteen years or upward who possesses land worth at twenty five thousand dollars and owns real and personal property worth at least twenty five thousand dollars above his or her debts and liabilities and such qualifications relating to residence or domicile in the Pineapple Islands as Parliament may prescribe shall, unless he is disqualified by Parliament from registration as such, be entitled to be registered as a voter for the purpose of electing Electors for the election of Representatives in one (but not more than one) constituency in accordance with the provisions of any law in that behalf and no other person may be registered as such: provided that the amounts of twenty five thousand dollars expressed shall be modified yearly in accordance with the rate of change in the Consumer Price Index of the Pineapple Islands, and such a modification shall not, for the purposes of section 3, be deemed to be an alteration of this Constitution. (3) Every person who is registered under subsection (2) in any constituency shall, unless he is disqualified by Parliament from voting in any election of Representatives, be entitled so to vote in that constituency for Electors for the election of Representatives in accordance with the provisions of any law in that behalf and no other person may so vote. (4) In any election of Electors for the election of Representatives the votes shall be given orally. (5) The number of Electors for the election of Representatives shall be determined as follows: (a) There shall be for every constituency one Elector for the election of Representatives. (b) There shall be for every constituency in which the number of persons who are qualified to be registered under subsection (2) exceeds 750, one additional Elector for the election of Representatives for every 500 persons so qualified, being persons in excess of the first 750, and, if the number of persons who are qualified to be registered . (6) Subject to section 51, a person shall be qualified to be elected as a Elector for the election of Representatives if, and shall not be so qualified unless: (a) he is a male Pineapple Islands subject of European descent and of the age of twenty-one years or upwards; (b) he or his father was born in the Pineapple Islands and he is domiciled there at the date of his nomination for election; and (c) he possess land worth at least fifty thousand dollars and owns real and personal property worth at least fifty thousand dollars above his or her debts and liabilities: provided that the amounts of fifty thousand dollars expressed shall be modified yearly in accordance with the rate of change in the Consumer Price Index of the Pineapple Islands, and such a modification shall not, for the purposes of section 3, be deemed to be an alteration of this Constitution.

62. Tenure of office of Representatives. 63. Speaker and Deputy Speaker. 64. Electoral Commission. 65. Supervisor of Elections.

PART FOUR Legislation and procedure of Parliament 66. Power to make laws. 67. Oaths to be taken by Peers and Representatives. 68. Presiding in House of Lords. 69. Voting in House of Lords. 70. Presiding in House of Commons. 71. Voting in House of Commons. 72. Mode of exercise of legislative power. 73. Restrictions with regard to certain financial measures. 74. Regulation of procedure in Houses. 75. Freedom of speech.

PART FIVE Summoning, prorogation and dissolution 76. Sessions. 77. Prorogation and dissolution. 78. Holding of elections.

PART SIX Delimitation of Constiuencies 79. Constituency Boundaries Commission. 80. Review of constituency boundaries.

CHAPTER SIX CHRISTIAN PROVISIONS

Kingdom of Pineapple Islands to be a Christian Nation The Kingdom of the Pineapple Islands is hereby declared to be a Christian Nation.

Provisions relating to the Holy Bible and teachings of Martin Luther. (1) All existing laws shall be brought in conformity with the Injunctions of Christianity as laid down in the Holy Bible and teachings of Martin Luther (in this Chapter referred to as the Injunctions of Christianity) and no law shall be enacted which is repugnant to such Injunctions. (2) Effect shall be given to the provisions of subsection (1) only in the manner provided in this Part.

Composition, etc. of Christianity Council. (1) There shall be constituted within a period of ninety days from the commencing day a Council of Christian Ideology, in this part referred to as the Christianity Council. (2) The Christianity Council shall consist of such members, being not less than eight and not more than twelve, as the King may appoint from amongst persons having knowledge of the principles and philosophy of Christianity as enunciated in the Holy Bible and teachings of Martin Luther, or understanding of the economic, political, legal or administrative problems of the Pineapple Islands. (3) While appointing members of the Christianity Council the King shall ensure that not less than one-third of the members are persons each of whom has been engaged, for a period of not less than fifteen years, in Christian research or instruction. (4) The King shall appoint one of the members of the Christianity Council to be the Chairman thereof. (5) A member of the Christianity Council shall hold office for life: Provided that: (a) a member may, by writing under his hand addressed to the King, resign his office; (b) the appointment of a member may at any time be revoked by the King.

Reference by Parliament etc. to Christianity Council. The King or, if two-fifths of its total membership so requires, a House of Parliament, refer to the Christianity Council for advice any question as to whether a proposed law is or is not repugnant to the Injunctions of Christianity.

Functions of Christianity Council. (1) The functions of the Christianity Council shall be, (a) to make recommendations to Parliament as to the ways and means of enabling and encouraging the Christians of the Pineapple Islands to order their lives individually and collectively in all respects in accordance with the principles and concepts of Christianity as enunciated in the Holy Bible and teachings of Martin Luther; (b) to advise a House or the King on any question referred to the Council as to whether a proposed law is or is not repugnant to the Injunctions of Christianity; (c) to make recommendations as to the measures for bringing existing laws into conformity with the Injunctions of Christianity and the stages by which such measures should be brought into effect; and (d) to compile in a suitable form, for the guidance of Parliament, such Injunctions of Christianity as can be given legislative effect. (2) When, under Article 229, a question is referred by a House or the King to the Christianity Council, the Council shall, within fifteen days thereof, inform the House or the King, as the case may be, of the period within which the Council expects to be able to furnish that advice. (3) Where a House or the King, as the case may be, considers that, in the public interest, the making of the proposed law in relation to which the question arose should not be postponed until the advice of the Christianity Council is furnished, the law may be made before the advice is furnished: Provided that, where a law is referred for advice to the Christianity Council and the Council advises that the law is repugnant to the Injunctions of Christianity, that House or the King, as the case may be, shall reconsider the law so made. (4) The Christianity Council shall submit its final report within seven years of its members being first appointed, and shall submit an annual interim report. The report, whether interim or final, shall be laid for discussion before both Houses of Parliament within six months of its receipt, and Parliament, after considering the report, shall enact laws in respect thereof within a period of two years of the final report.

Rules of procedure. The proceedings of the Christianity Council shall be regulated by rules of procedure to be made by the Council with approval of the King.

JESUS IS THE LORD

Retrieved from "https://wikisource.org/w/index.php?title=User:Glide08/Sandbox/PineappleIslandsKingdom&oldid=517688"