The Constitution of the Socialist Federal Republic of Nemkhavia was drafted first during the original incarnation of the state in late 2009. With the diplomatic upheaval that followed, the document was never entirely completed, leaving the rough interpretation of Nemkhav law to the care of the People's High Justice and the Supreme People's Court. Late in September 2010, roughly 9 months after the document was begun in earnest, it was completed by the founding fathers and judicial staff.
In the name of Democracy, Freedom, Brotherhood and the Common Good of the people,
We, the people of the Socialist Federal Republic of Nemkhavia, who are bound by our sense of unity, and our will to see the will of peace be done,
Wishing for Justice and Law to be upheld,
Do hereby adopt, enact and give to ourselves this Constitution.
1. The NationEdit
The Nemkhav nation observes its supreme and indestructible right to determine its own form of Government and to carry out its Foreign Relations as it sees fit.
Every single person born upon the sovereign land of Nemkhavia is automatically entitled to citizenship of the Socialist Federal Republic, regardless of circumstances.
The Nemkhav nation acknowledges it's Irish heritage, and professes a sense of brotherhood with Irish and Gaelic nations in all corners of the world.
2. The StateEdit
The Official name of the state is the Socialist Federal Republic of Nemkhavia.
- Nemkhavia is a sovereign Federal Republic, governed by the principles of Socialism.
- Nemkhavia is divided into three Socialist Republics: Urkhavsk, Nemkhav-Skajacka and Bosja.
It is the right of every Nemkhav to determine the make-up of their Government as they see fit. The Government is completely at the will of the people.
The Flag of the Socialist Federal Republic is a horizontal tricolour, with a blue stripe on the top, a white stripe in the middle and a red stripe at the bottom, with a wreath in the centre of the white stripe.
The Official languages of the Socialist Federal Republic are English, Irish and Nemkhav. All three have equal status.
Nemkhavia claims all natural resources within the bounds of its territory.
The Principles of Socialism are accepted as necessary to the survival of the state and the welfare of the people.
3. The Presidium of the Socialist Federal RepublicEdit
The Head of State of the Socialist Federal Republic is a collective Presidium.
The Presidium of the Socialist Federal Republic is made up of the Heads of State of the three constituent Socialist Republics.
The Presidium of the Socialist Federal Republic takes office for Six Months.
All decisions made by the Presidium must be made with the input of all three members and require three signatures.
The Presidium elects from its number the President of the Presidium of the Socialist Federal Republic as a representative. This person is taken to be the Head of State of the Socialist Federal Republic and the penultimate political authority in all matters, before the people.
The President of the Presidium can only be re-elected once during a sitting term of the Presidium, halfway to the next election date.
Members of the Presidium may run for the Presidium for an unlimited number of terms.
The powers of the Presidium are thus:
- The power to return a bill to the Federal Assembly a maximum of three times.
- The power to act as Foreign Representatives to other nations.
- The power to accept or refuse the resignation of People's Secretaries.
- Upon the agreement of a referendum on the matter, the power to order the Federal Assembly to dissolve.
- Supreme Command of the Nemkhav Defence Forces
The Presidium can be terminated by a referendum, wherein more than 50% of the public wish for the election of a new Presidium. This right is unalienable.
4. The Federal AssemblyEdit
The Federal Assembly of Nemkhavia is the highest voice of the people, ensuring that their Revolutionary voices are heard at all times.
The Federal Assembly of Nemkhavia is made up of two Houses:
- The House of Republics and Provinces
- The House of Representatives
The House of Republics and Provinces is made of up three individuals with unique knowledge in a certain area of affairs:
- Foreign Affairs and Intermicronational Relations
- Economics and Finance
- History and Culture
The members of the House of Republics and Provinces are styled 'People's Senator', electing from their number the Leader of the House.
The powers of the People's Senators are thus:
- The power to return a bill to the House of Representatives a maximum of twice.
The House of Representatives is the lower House of the Assembly and it is the direct voice of the People.
The House of Representatives is made up nine individuals, one from each of the following electoral constituencies:
- Nemkhav-Skajacka North
- Nemkhav-Skajacka Central
- Nemkhav-Skajacka South
- Bosja North
- Bosja Central
- Bosja South
- Urkhavsk West
- Urkhavsk Central
- Urkhavsk East
The Members of the House of Representatives shall be styled 'Members of the Federal Assembly' or 'MFA'.
The powers of the House of Representatives are as follows:
- The power to create legislation
- The power to extend Diplomatic Relations
- The power to sever Diplomaic Relations
- The power to declare a State of Emergency
- The power to call up the Nemkhav Defence Forces
- The power to declare war
- War may only be declared in the case of an immediate threat to Nemkhavia
In the case of calling up the Nemkhav Defence Forces or declaring a state of War, both houses of the Federal Assembly must be in agreement.
Upon election, the party with the largest number of seats must form a government within ten days. If there is no party with a majority, a coalition must be formed within fifteen days.
The leader of the ruling party, or the largest party in a ruling coalition, shall become the Prime Minister.
The Prime Minister is the Head of Government of the Socialist Federal Republic, and Leader of the House of Representatives.
The Government must form a Council of Secretaries, which as Ministerial posts in the following jurisdictions:
- Finance and Economics
- Federal Affairs
- Defence and Justice
- Agriculture and the Woodlands
The Prime Minister may hold a Ministerial post if he/she so chooses.
The Federal Assembly must be elected once every twelve months.
The Federal Assembly can be terminated by a referendum, wherein more than 50% of the public wish for the election of a new Assembly. This right is unalienable.
All decisions of the Federal Assembly in both Houses require a majority vote.
5. The Rights of the IndividualEdit
The Rights of the Individual are as follows:
- The Right of Freedom of Expression
- In spoken words, text, moving picture or any other medium of communication
- The Right of Freedom of Religion
- The Right of Freedom of Movement
- The Right of Freedom of Association
- The Right of Freedom of Organisation
- The Right of Equality before the Law
- The Right to Freedom from Discrimination
- On the basis of their Sex, Political Views, Creed, Country of Origin or any other factor.
- The Right to Vote
- Equality before the Law
- The Right to Freedom of Association
- The Right to the Protection of the State
- The Right to Proportionate Punishment for crimes committed.
- Capital Punishment is Outlawed.
These Rights are conferred upon all citizens of the Socialist Federal Republic, and any other citizens, macronational or micronational, who reside within its borders for any length of time.
All people are equal.
6. The LawEdit
The task of policing and justice is given to the National Police at Federal level.
The National Police may not interfere in the local affairs of police forces in each of the constituent Republics, unless a State of Emergency is in place.
The National Police is led by the Commissioner of the National Police.
Judicial authority is vested in the People's Chief Justice and the Supreme People's Court.
The People's Chief Justice may only interpret the law; he/she may not make the Law or alter this Document in any way.
7. The Armed ForcesEdit
The military defence of the Socialist Federal Republic falls to the Nemkhav Defence Forces, which are divided as follows:
- The Nemkhav Citizen Army
- The Nemkhav Border Service
The Mission of the Nemkhav Defence Forces is as follows:
To defend the Socialist Federal Republic from outside aggression, should all diplomatic solutions fail, and to intervene in situations of dire peril, should the Socialist Federal Republic be called for help by an ally or friendly party
The Nemkhav Defence Forces can only be called to action by the Federal Assembly, with a vote of 70% or more from both Houses. Once called to action, the Federal Assembly stipulates how long the activity will last, and has the final task of standing down the Forces after the situation has passed.
Senior Officers of the Nemkhav Defence Forces are appointed by the Federal Assembly, after a vote.
- The Nemkhav Citizen Army is led by an Officer of rank no less than Lieutenant-General, styled Officer Commanding Citizen Army.
- The Nemkhav Border Service is led by an Officer of rank no less than Brigadier-General, styled Officer Commanding Border Service
The highest military authority of the Nemkhav Defence Forces is the Chief of Staff of the Nemkhav Defence Forces, who holds rank no less than General of the Army.
The Chief of Staff holds operational command of both Arms of the Defence Forces at all times.
8. The RepublicsEdit
The three constituent Republics are themselves sovereign states, within the Federal structure.
The three constituent Republics are entitled to elect a Local Assembly, consisting of three individuals. The powers of this Assembly are thus:
- The power to create legislation that effects the Republic in question.
- The power to petition the Federal Assembly
The Local Assemblies elect from their numbers a Prime Minister, who acts as the Head of Government of the Republic in question.
The position of Head of State of each of the Republics is filled by a President of the Republic.
The Presidents of the Republics are elected every six months according to the rules for election of the Presidium of the Socialist Federal Republic.
The Republics have the right to form their own police force to deal with local issues.
The Republics have the right to a judiciary, paralleling the Supreme People's Court, to deal with local issues.
The Republics do not have the right to form their own Armed Forces. All matters of defence are covered by the Nemkhav Defence Forces and the Federal authorities.
Marka Mejakhansk, M.Pres as President of the Presidium of the Socialist Federal Republic of Nemkhavia.
George Ustim, MFA as Prime Minister of the Socialist Federal Republic of Nemkhavia, Leader of the House of Representatives.
Francois Delamour, PS as Leader of the House of Republics and Provinces.