Vogelburg

Laws

Constitution of Königreich Vogelburg 2016 — in force

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Constitution of Königreich Vogelburg 2016

An Act to constitute Vogelburg.

Chapter 1 Preliminary

1 Short title

This Act may be cited as the Constitution of Vogelburg.

2 Commencement of Act

The Constitution of Vogelburg shall take effect on and after the day that this Constitution is ratified.

3 Operation of Constitution and laws

This Act and all laws made by the Senate and all regulations made by the Council of Ministers under this Act shall be binding on the courts, judges and people of every part of Vogelburg.

4 Inconsistency of laws

  1. This Constitution shall be the basic law according to which Vogelburg is governed.
  2. This Constitution shall have the highest legal status and all other laws and regulations must be consistent with it.
  3. When a law is inconsistent with a provision of this Constitution, the latter shall prevail, and the former shall, to the extent of the inconsistency, be invalid.

5 Definitions

Advice shall mean motions resolved either affirmatively or negatively by the Council of Ministers.

in Council shall mean the person acting with advice of the Council of Ministers excluding the person.

Chapter 2 Rights of Citizens

6 Freedom of movement

Citizens of Vogelburg may move freely within public areas of the territory of Vogelburg without penalisation by any law of Vogelburg.

7 Renunciation of citizenship

Citizens of Vogelburg may renounce forthwith their citizenship by writing addressed to the Sovereign.

Chapter 3 The Sovereign

8 Act to extend to the King’s successors

The provisions of this Act referring to the King shall extend to His Majesty’s heirs and successors according to legislation created by Parliament.

Part 1 Powers of Sovereign

9 Conclusion of treaties

  1. The Sovereign in Council may conclude and withdraw from treaties with foreign nations.
  2. Concluded treaties do not automatically form part of the law of Vogelburg and domestic legislation must be passed by the Senate for treaties to have domestic effect.

10 Pardoning and reprieve of criminals

The Sovereign may grant pardons and reprieves for offences against Vogelburg.

11 Declaration of war

The Sovereign in Council attaining at least an 85 per cent supermajority may declare war against another nation.

12 Convocation of Council of Ministers

The Sovereign may at any time convoke the Council of Ministers to consider a motion.

13 Provision of directions

  1. Forming the Sovereign’s executive power, the Sovereign may direct and require a member of the Council of Ministers to undertake an act or course of action.
  2. The Council of Ministers excluding the Sovereign attaining at least an 85 per cent supermajority may strike down a direction.

Chapter 4 The Council of Ministers

Part 1 Preliminary

14 Council of Ministers

There shall be a group of persons which shall be named the Council of Ministers.

Part 2 Membership

15 Constitution of Council of Ministers

  1. The Council of Ministers shall be composed of six councillors.
  2. The Sovereign is ex officio a member of the Council of Ministers but does not count towards the membership quota of the Council of Ministers.
  3. The Council of Ministers may make regulations for increasing the number of members.

16 Qualifications of members

  1. A person shall be eligible to be a member of the Council of Ministers if they—
    1. Are a citizen of Vogelburg; and
    2. Are not currently serving a court-imposed sentence in relation to a criminal offence against Vogelburg’s laws; and
    3. Have ordinarily been a resident of Vogelburg for at least three weeks immediately preceding; and
    4. Have not been effectively resigned from the Council of Ministers in at least three weeks immediately preceding.
  2. The Council of Ministers may make regulations to provide additional required qualifications of members of the Council of Ministers.

17 Vacancy by change of circumstances

  1. If a member becomes ineligible to remain a member of the Council of Ministers their place shall automatically become vacant.
  2. The Court of Chancery may, on application of a member of the Council of Ministers, provide a declaration on whether a member’s position became vacant under this section.

18 Vacancy by resignation

A member may by writing addressed to the Sovereign resign their place which shall become vacant at its earliest five days after service.

19 Vacancy by absence

  1. The place of a member shall become vacant if for seven consecutive days the member fails to contribute to the Council of Ministers.
  2. The Court of Chancery may, on application of a member of the Council of Ministers, provide a declaration on whether a member’s position became vacant under this section.

20 Vacancy by removal

  1. The Council of Ministers excluding the member whose removal is sought may vote upon a motion to remove a member.
  2. If the motion receives at least a 75 per cent supermajority the member’s place shall become vacant.

21 Appointments for vacancies

Whenever a vacancy happens in the Council of Ministers the Sovereign in Council shall appoint a member to fill the vacancy.

Part 3 Executive power

22 Power of Council of Ministers

The Council of Ministers collectively shall be vested with plenary executive power.

23 Distribution of powers

  1. The Sovereign may demarcate specific powers and create and grant ministerial titles to individual members of the Council of Ministers.
  2. The Sovereign in exercising this power must sufficiently detail the powers conferred upon a ministerial title in a proclamation.
  3. All grants and revocations of ministerial titles must be proclaimed.

Part 4 Passage of regulations

24 Regulatory power

The Council of Ministers may pass regulations.

25 Regulatory sessions

Any member of the Council of Ministers shall be able to summon a meeting of the Council of Ministers on an ad hoc basis for the purposes of tabling, debating and passing regulations.

26 Quorum

Until the Council of Ministers otherwise provides, the presence of at least three councillors shall be necessary to constitute a meeting of the Council of Ministers for the exercise of its regulatory powers.

27 Disallowance by Sovereign and Senate

The Senate acting with a supermajority of at least 75 per cent or the Sovereign may disallow any regulation within seven days from the date of entry into force and annul the regulation from the day when the disallowance is proclaimed.

Chapter 5 Senate

Part 1 Preliminary

28 Senate

There shall be a group of persons which shall be named the Senate.

Part 2 Membership

29 Constitution of Senate

  1. The Senate shall be composed of an unlimited number of senators.
  2. The Sovereign is ex officio a member of the Senate.

30 Conferral of membership

The Sovereign may confer membership of the Senate to any member of the Council of Ministers.

31 Vacancy by change of circumstances

If a member becomes ineligible to remain a member of the Council of Ministers their place on the Senate shall automatically become vacant.

32 Vacancy by resignation

A member may by writing addressed to the Sovereign resign their place which shall become vacant at its earliest two days after service.

33 Vacancy by removal

  1. The Senate excluding the member whose removal is sought may vote upon a motion to remove a member.
  2. If the motion receives at least a 75 per cent supermajority the member’s place shall become vacant.

34 Appointments for low-quota Senate

Whenever the Senate does not retain at least three members the Sovereign in Council shall appoint as many members as necessary to fill the vacancies.

Part 3 Passage of Legislation

35 Legislative power

The plenary legislative power of Vogelburg shall be vested in the Senate.

36 Superiority of legislation

  1. Legislation passed by the Senate shall have superior legal status to regulations passed by the Council of Ministers.
  2. When a regulation is inconsistent with a provision of legislation passed by the Senate, the latter shall prevail, and the former shall, to the extent of the inconsistency, be invalid.

37 Legislative sessions

Any member of the Senate shall be able to summon a meeting of the Senate on an ad hoc basis for the purposes of tabling, debating and passing legislation.

38 Quorum

Until the Senate otherwise provides, the presence of at least three senators shall be necessary to constitute a meeting of the Senate for the exercise of its legislative powers.

39 Disallowance by Sovereign

The Sovereign may disallow any law within seven days from the date of entry into force and annul the law from the day when the disallowance is proclaimed.

Chapter 6 Voting

40 Determination of motions

Questions arising in the Council of Ministers or the Senate shall be determined by motions which are to be successful upon achieving a majority of eligible votes unless otherwise provided by this Constitution.

41 Reckoning votes on motions

  1. Where a member indicates through express words or by failure to vote within a reasonable time that they intend on abstaining from voting on a motion they shall be deemed to have abstained and their abstention shall not remain as an eligible vote.
  2. If at least three eligible votes on a motion do not remain at the conclusion of reckoning a motion is automatically resolved in the negative.

42 Seconding of motions

There shall be no requirement for motions to be seconded after they are presented to the Council of Ministers or the Senate.

Chapter 7 Judicature

43 Judicial power

  1. The judicial power of Vogelburg shall be vested in a national supreme court which shall be named the Vogelburg Court of Chancery.
  2. Judicial power shall of Vogelburg shall also be vested in inferior courts as created and vested judicial power by the Senate or the Council of Ministers.

44 Number of judges

The jurisdiction of any court may be exercised by such number of judges as the Senate or the Council of Ministers prescribes.

Part 1 Judges

45 Judges of the Court

The Court of Chancery shall consist of a Chief Justice and at least two more justices as prescribed by the Sovereign in Council.

46 Appointment of judges

The justices of the Court of Chancery and the judges of any other court created by the Senate or the Council of Ministers—

  1. Shall be appointed by the Sovereign in Council; and
  2. Shall not be removed except by the Sovereign in Council praying for removal on the ground of proved misbehaviour or incompetence.

47 Resignation of position

A judge may by writing addressed to the Sovereign resign their place which shall become vacant at its earliest five days after service.

Part 2 Jurisdiction of Court of Chancery

48 Appellate jurisdiction

The Court of Chancery shall have jurisdiction subject to prescriptions by the Senate or the Council of Ministers to hear and determine appeals from all judgments, decrees, orders and sentences—

  1. Of any justice or justices exercising the original jurisdiction of the Court of Chancery;
  2. Of any other national court;

and the judgment of the Court of Chancery in such cases shall be final and conclusive.

49 Original jurisdiction

The Court of Chancery shall have jurisdiction subject to prescriptions by the Senate and the Council of Ministers to hear and determine all matters—

  1. Arising under any treaty;
  2. Affecting consuls or representatives from other nations;
  3. Arising under this Constitution or involving its interpretation.

50 Additional original jurisdiction

The Senate or the Council of Ministers may make laws conferring additional original jurisdiction on the Court of Chancery.

Chapter 8 Sundries

51 Official language

  1. The official language of Vogelburg shall be British English.
  2. Issues concerning interpretation and meaning of words shall be resolved by reference to the Oxford English Dictionary.

52 Modification of Constitution

This constitution shall not be modified except where the proposed alteration thereof is passed by the Council of Ministers attaining at least a 90 per cent supermajority.

53 Effect on current laws

  1. The Constitution of Vogelburg as it stands at ratification is struck down.
  2. The peerage of Vogelburg is rescinded and all grants of peerage are revoked.
  3. The current judiciary as it stands at ratification is vacated and all courts closed but the judiciary’s decisions remain valid.
  4. All treaties currently ratified at ratification remain valid.
  5. All legislation passed by the Parliament at ratification remains valid.
  6. All territories proclaimed pursuant to Governors of External Territories and Colonies Act 2016 remain valid.

Information about the Act

As prepared by the Hon Sen jamietech

This Act was amended by the Constitutional (Membership Provisions) Amendment Regulation 2016:

Modifications to this Act

Repealed sections are as follows—

20 Vacancy by removal

  1. The Council of Ministers excluding the member whose removal is sought may remove a member may vote upon a motion for the removal of a member.
  2. To be effective, the motion must receive a supermajority of at least 75 per cent members who assent.

33 Vacancy by removal

  1. The Senate excluding the member whose removal is sought may remove a member may vote upon a motion for the removal of a member.
  2. To be effective, the motion must receive a supermajority of at least 75 per cent members who assent.

47 Resignation of position

Judges of any court of Vogelburg may resign their position by writing delivered to the Sovereign at its earliest effective five days after service.