The Constitution of Yabloko is the supreme law under which the Students' Isocratic Oligarchy of Yabloko operates. It consists of one document, the Constitution Act, 2010 and was enacted by Grand Chancellor Aldrich Lucas, an Act of Parliament Beta, the preliminary parliament for Yabloko prior to signing the Constitution. The document was signed on June 25, 2010 at 4:47PM Australian Eastern Standard Time, thus creating the Students' Isocratic Oligarchy of Yabloko.
Text of the ConstitutionEdit
We the People of Yabloko, have agreed to unite in one and do hereby establish, adopt, enact and gives to ourselves this Constitution for the Students' Isocratic Oligarchy of Yabloko.
Be it therefore enacted by the Grand Chancellor's Excellency, by and with the advice and consent of the Vice Chancellor, Parliament Alpha and Parliament Beta, and by the authority of the same, as follows:--
Section I. PRELIMINARY AND UNIONEdit
This Act may be cited as the Constitution Act, 2010 or as the Constitution of Yabloko or as The Constitution.
It shall be lawful for the Grand Chancellor to declare by proclamation that, on and after a day therein appointed, the people of Yabloko shall be united in one under the name of the Students' Isocratic Oligarchy of Yabloko.
Unless it is otherwise expressed or implied, the names of "Yabloko" and the "Students' Isocratic Oligarchy of Yabloko" shall be taken to mean the Students' Autocratic Isocracy of Yabloko as constituted under this Act.
Section II. CHARTER OF RIGHTS AND FREEDOMSEdit
The Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by the law as can be demonstrably justified in a free and isocratic society.
Every citizen of Yabloko has the right to the following fundamental freedoms:
(i) freedom of conscience and religion;
(ii) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication;
(iii) freedom of peaceful assembly; and
(iv) freedom of association.
Every citizen of Yabloko has the right to vote in the Parliament of Yabloko and to be a Member of Parliament subject to Article 17.
Every citizen of Yabloko has the right to enter, remain in and leave Yabloko, subject to the law of the state.
Every citizen of Yabloko has the right to life, liberty and security and the right not to be deprived thereof except in accordance with the principles of fundamental justice.
Every citizen of Yabloko has the right to be secure against unreasonable search or seizure.
Every citizen of Yabloko has the right not to be arbitrarily detained or imprisoned.
Every citizen of Yabloko charged with an offence has the right:
(i) to be informed without unreasonable delay of the specific offence;
(ii) to be tried within a reasonable time;
(iii) to be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal;
(iv) not to be denied reasonable bail without just cause;
(v) to the benefit of trial by jury where the maximum punishment for the offence is reproof for a month or a more severe punishment;
(vi) not to be found guilty on account of any act or omission unless, at the time of the act or omission, it constituted an offence under Yablokon or international law or was criminal according to the general principles of law recognized by the community of nations; and
(vii) if finally acquitted of the offence, not to be tried for it again and, if finally found guilty and punished for the offence, not to be tried or punished for it again.
Every citizen of Yabloko has the right not to be subjected to any cruel and unusual treatment or punishment.
Every citizen of Yabloko is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.
Anyone whose rights or freedoms, as guaranteed by this Charter, have been infringed or denied may apply to a court of competent jurisdiction to obtain such remedy as the court considers appropriate and just in the circumstances.
This Section may be cited as the Charter of Rights and Freedoms or as The Charter.
Section III. THE LEGISLATIVE BRANCHEdit
The legislative power and authority of and over Yabloko shall be vested in the Parliament of Yabloko, which is herein-after called "Parliament".
The number of seats in Parliament shall be subject to the number of citizens in Yabloko. The qualifications of a Member of Parliament shall be as follows:
(i) a Member of Parliament shall have been one week a citizen of Yabloko;
(ii) a Member of Parliament shall have posted five or more posts in the Yablokon Forums; and
(iii) a Member of Parliament shall not be under any sentence, or subject to be sentenced, for any offence punishable by the High Court of Yabloko;
All citizens who satisfy the qualifications automatically become Members of Parliament while any citizens who do not satisfy one or more qualifications is a Commoner and thus not a Member of Parliament.
If any question arises respecting the qualification of a Member of Parliament, the same shall be heard and determined by Parliament.
Parliament shall be an isocracy whereby all Members of Parliament shall have one equal vote.
In Parliament, there is one presiding officer known as Lord Speaker. The Grand Chancellor in Council shall select one Member of Parliament to be the Lord Speaker and this individual then is no longer a Member of Parliament and thus has no vote in Parliament. In the case of a vacancy happening in the office of Lord Speaker by death, resignation, or otherwise, the Grand Chancellor in Council shall with all practical speed select another Member of Parliament to be Lord Speaker. Before or during any absence of the Lord Speaker, the Grand Chancellor may select another Member of Parliament to perform the Lord Speaker's duties in the Lord Speaker's absence.
Matters arising in Parliament shall be deliberated and discussed for no less than a week. Once a week or more has passed, Parliament shall take a vote and the matter shall be decided upon by a two-third majority decision whereby two-thirds of the Members of Parliament must be in agreement for the bill to be passed. In all cases, the Lord Speaker shall not have a vote. When the votes are less than two-thirds, the decision shall be deemed to be in the negative.
Until Parliament otherwise provides, the presence of at least one-third of the whole number of Members of Parliament shall be necessary to constitute a vote on matters and for the exercise of its powers.
Parliament may make rules and orders with respect to:
(i) the mode in which its powers, privileges, and immunities may be exercised and upheld; and
(ii) the order and conduct of its business and proceedings.
Parliament shall, subject to this Constitution, have power to make laws for the peace, order and good government of Yabloko on any subject or matter.
Where a bill passed by Parliament is presented to the Grand Chancellor for his/her assent, the Grand Chancellor shall declare, according to his/her discretion, but subject to the Provisions of this Act, either that he assents thereto, or that he withholds the Grand Chancellor's assent. The Grand Chancellor may return to Parliament any proposed law so presented to him/her, and may transmit therewith any amendments which he/her may recommend, and Parliament may deal with the recommendation.
Section IV. THE EXECUTIVE BRANCHEdit
The executive power and authority of and over Yabloko shall be vested in the Grand Chancellor of Yabloko.
There shall be a council of ministers to aid and advise in the government of Yabloko, to be called the Cabinet of Yabloko, herein-after called the "Cabinet". The members of the Cabinet shall be chosen and summoned by the Grand Chancellor and sworn in as Ministers of the Cabinet, and members thereof may be removed by the Grand Chancellor.
The provisions of this Constitution referring to the Grand Chancellor in Council shall be construed as referring to the Grand Chancellor acting by and with the advice of the Cabinet of Yabloko.
The Grand Chancellor may appoint Ministers to administer such Departments of Yabloko as the Grand Chancellor in Council may establish. Such Ministers shall hold office during the pleasure of the Grand Chancellor and they shall be Ministers of the Cabinet.
It shall be lawful for the Grand Chancellor in Council, to appoint any Minister of the Cabinet to be the Grand Chancellor's deputy within any part of Yabloko, to be styled the Vice Chancellor of Yabloko, and in that capacity to exercise during the pleasure of the Grand Chancellor such of the powers, authorities, and functions of the Grand Chancellor as the Grand Chancellor deems it necessary or expedient to assign to the Vice Chancellor; but the appointment of such a deputy shall not affect the exercise by the Grand Chancellor of any power, authority, or function.
Section V. THE JUDICIAL BRANCHEdit
The judicial power and authority of and over Yabloko shall be vested in a single supreme court, to be called the High Court of Yabloko, herein-after called the "High Court", and in such other courts Parliament creates. The High Court shall consist of a sole chief justice, to be styled the Chief Judgemaster of the High Court of Yabloko.
The Chief Judgemaster of the High Court and of other courts created by Parliament shall be appointed by the Grand Chancellor in Council and shall not be removed except the Grand Chancellor in Council.
The High Court shall have jurisdiction, with such exceptions and subject to such regulations as Parliament prescribes, in all matters regarding:
(i) any charge put forth by a plaintiff that an individual or group of individuals has broken Yablokon law and/or any Act created by the Parliament of Yabloko;
(ii) any charge put forth by a plaintiff that someone has been unjustly punished or is to be unjustly punished by an individual or group of individuals through a bill, judgement, decree, order, sentence or act under Yablokon law; and the judgement of the Chief Judgemaster in all such cases shall be final and conclusive.
Section VI. FINANCE AND TRADEEdit
All revenues or moneys raised or received by the Cabinet of Yabloko shall form one consolidated revenue fund, to be called the Treasury of Yabloko, to be appropriated for the purposes of the country in the manner and subject to the charges and liabilities imposed by Articles Thirty-five and Thirty-six.
The Cabinet of Yabloko shall pay:
(i) the costs, charges, and expenses incident to the collection, management, and receipt of the consolidated revenue fund;
(ii) any moneys drawn in excess of its account with the Treasury. The government shall also pay interest upon the sum remained; and
(iii) the interest rate shall be that of the Reserve Bank of Australia in the said year.
The Treasury of Yabloko shall not pay interest upon any moneys held belonging to any branch of governing body of Yabloko.
No money shall be drawn from the Treasury of Yabloko except under appropriation made by law and this shall include funds which are required immediately. The Grand Chancellor may draw from the Treasury and expend such money as may be necessary for the maintenance of any Department of Yabloko. The Department of the Treasury shall not withhold funds in the event an appropriation made by law is passed.
On the establishment of Yabloko, the collection and control of duties of customs and of excise, and the control of the payment of bounties, shall pass to the Cabinet of Yabloko.
In the case of a vacancy happening in the office of Treasurer by death, resignation, or otherwise, the money is to be handed to the Grand Chancellor, who shall hold it until the election of a new Treasurer.
VII. ALTERATION OF THE CONSTITUTIONEdit
This Constitution shall not be altered except in the following manner:-- The proposed law for the alteration thereof must be passed by a unanimous vote in the Parliament of Yabloko. The proposed law must also be presented before the Cabinet of Yabloko which must also have a unanimous decision before being presented before the Grand Chancellor. If the proposed law for the alteration of the Constitution has been passed unanimously by both Parliament and the Cabinet, then it shall be presented to the Grand Chancellor for His/Her Excellency's assent. If the Grand Chancellor gives his/her assent, then the proposed alteration shall be added to the Constitution of Yabloko.