The Constitution of the Hutt River Province Principality

(Proposal from the Legislation Committee - 12th May 1997)




I. The Nation and the State

    Article 1 - Independence day

    The Hutt River Province Principality declared independence from the Commonwealth of Australia 21 April 1970.

    Article 2 - The State and territory

    (1) Hutt River Province Principality is a democratic, independent and constitutional monarchy.
    (2) The territory of Hutt River Province shall comprise:
    (a) the territory existing at the 21.April 1970 and
    (b) such other territory as may be acquired after the commencement of this Constitution.

    Article 3 - The Sovereignty

    The sovereignty of The Hutt River Province Principality is vested in the people of the State represented by the ruling Prince, and shall be exercised in accordance with the provisions of this Constitution.

    Article 4 - Powers of the State

    The power of the state is divided between a legislative, an executive, and a judicial branch.

    Article 5 - Nationality

    Who is a Hutt River Province Principality national and who is a resident shall be decided by law. Naturalization shall be regulated by law. All citizens of the State are allowed access into the Hutt River Province Principality and are free to move about and to reside within the state, except in the cases defined by law.

    Article 6 - Language

    English is the official language of the State.


II. The Sovereign Prince, Royal Family and Succession to the Throne

    Article 7 - Form of Government

    The system of government is an hereditary monarchy in which succession passes to a descendant of the Sovereign Prince. It is a condition that the person who is chosen to rule should be of sound mind and a legitimate child of the ruling Casley family.

    Article 8 - Succession

    The order of succession is lineal, so that only a child born in lawful wedlock of the Sovereign Prince and Princess, or of one who is herself or himself entitled to the succession may succeed, and so that the nearest line shall take precedence over the more remote and the elder in the line over the younger.

    Article 9 - Majority age

    The age of majority of the Sovereign Prince shall be 18 years. As soon as the Sovereign Prince has attained the majority age, he shall make a public declaration that he is of age.


III. THE EXECUTIVE POWER

    Article 10 - The Executive Power

    The Executive Power is vested in the Sovereign Prince, or in the Princess or the Crown Prince if they has succeeded to the Crown pursuant to the provisions of Article 11 of this Constitution. When the Executive Power is thus vested in the Princess or the Crown Prince, she or he has all the rights and obligations which pursuant to this Constitution and the Law of the Land are possessed by the Sovereign Prince.

    Article 11 - The Sovereign Prince unable to exercise his powers

    Should the Sovereign Prince become unable to exercise his powers on account of illness, his powers shall be exercised by the Crown Prince or the Princess. The Sovereign Prince decides between the Crown Prince and the Princess.
    If the Sovereign Prince is unable to make such appointment, such shall be made by the Cabinet.

    Article 12 - Royal Decrees

    The Sovereign Prince shall exercise the powers vested in him by Royal Decree.
    Every such Decree shall be signed by the Sovereign Prince and the Minister of State.

    Article 13 - The Defence Forces

    The Sovereign Prince is the Commander in Chief of the Defence Forces.

    Article 14 - Declaration of War

    The Sovereign Prince and the Cabinet; declare war and concludes peace.

    Article 15 - Military ranks, medals and honorific titles

    The Sovereign Prince confers and withdraws civil and military ranks, medals and honorific titles. He may delegate this authority to any other person by special law.

    Article 16 - Ratification of Treaties

    The Sovereign Prince ratifies treaties and agreements.

    Article 17 - Pardon of criminals

    The Sovereign Prince shall have the right to pardon criminals after sentence has been passed. The criminal shall have the choice of accepting the Sovereign Prince’s pardon or submitting to the penalty imposed.

    Article 18 - Collection of taxes

    As a general rule the Sovereign Prince shall provide for the collection of the taxes and duties imposed by the Parliament, if any.


IV. THE CABINET

    Article 19 - The Cabinet

    The Sovereign Prince chooses a Cabinet from among citizens of the Hutt River Province Principality who are entitled to vote.
    This Cabinet shall consist of a Minister of State and as many Ministers deemed to be necessary for governing the Principality.
    The Ministers have to be resident on the Australian Continent.
    The Sovereign Prince apportions the business among the Members of the Cabinet, as he deems appropriate.

    Article 20 - The Cabinets functions

    The Cabinet shall have the control of the Government officials and shall be collectively responsible for all actions taken by or under the authority of any Minister in the execution of his office.


V. THE LEGISLATIVE POWER

    Article 21 - The Legislative Power

    The people exercises the Legislative Power through the Parliament, which consists of one chamber.

    Article 22 - Functions of the Parliament

    The Parliament shall:

    1) pass, amend, and rescind the laws;
    2) pass the State budget bill and the budget report;
    4) schedule the elections for Parliament of the State;
    5) resolve on the holding of a national referendum;
    6) elect and dismiss the President of the Parliament.

    Article 23 - Binding Laws and Resolutions

    The laws and resolutions passed by the Parliament shall be binding on all State bodies, all organizations, and all nationals.

    Article 24 - Adoption of Acts

    The Legislation Committee propose new Acts towards the Sovereign Prince. The Sovereign Prince propose these Acts if accepted by him, towards the Parliament.
    A new Act must be signed by the Sovereign Prince and countersigned by the Minister of State and the President of the Parliament. The Parliament may also propose new Acts on their own behalf.
    The Cabinet may pass emergency Acts when the Parliament is not in session, these Acts must be ratified by the Parliament as soon as the Parliament is in session.
    The Cabinet may not amend or rescind the Constitution or the Bill of Rights without the necessary approval by the Parliament.

    Article 25 - Quorum, Majorities, Voting

    (1) The Parliament is free to hold a session and pass resolutions when more than half of its Members are present.
    (2) The Parliament shall pass laws and other acts by a majority of more than one-half of the present Members, except when a qualified majority is required by the Constitution.
    (3) Voting is personal and open, except when the Parliament resolves on a secret ballot.

    Article 26 - The Legislation Committee

    The Legislation Committee is appointed by Royal Decree. Legislation Committee will prepare new acts and regulations for the Cabinet. The majority of the members must have a necessary degree of legal experience.

    Article 27 - Publicity

    Sessions of the Parliament shall be public. The Parliament may by exception resolve to hold some sessions behind closed doors.

    Article 28 - Participation by the Cabinet

    Ministers and the Sovereign Prince shall be free to attend the sessions of the Parliament.
    They do not have the right to be members of Parliament and do not have any voting rights in the Parliament.
    The Parliament and the parliamentary committees shall be free to order ministers to attend their sessions and respond to questions.

    Article 29 - Indemnity

    Members of the Parliament shall not be held criminally liable for their opinions or votes in the Parliament.


VI. ELECTION FOR PARLIAMENT

    Article 30 - Term (1) The Parliament is elected for a term of four years.
    (2) In case of war, armed hostilities, or another state of emergency occurring during or after the expiry of the Parliaments term, its mandate shall be extended until the expiry of the circumstances.
    (3) Elections for a new Parliament shall be held within two months from the expiry of the mandate of the preceding one.

    Article 31 - The right to vote

    Those entitled to vote are Hutt River Nationals, men and women, who, at the latest in the year when the election is held, have completed their 18th year.
    The extent, however, to which Hutt River Nationals, who on Election Day are resident outside the State but who satisfy the aforementioned conditions, are entitled to vote shall be determined by law.
    Rules may be laid down by law concerning the right to vote of persons, otherwise entitled to vote, who on Election Day are manifestly suffering from a seriously weakened mental state or a reduced level of consciousness.

    Article 32 - Deprivation of the right to vote

    The right to vote is lost by persons:

    a) sentenced for criminal offences, in accordance with the relevant provisions laid down by law;
    b) entering the service of a foreign power without the consent of the Government;
    c) demonstrably guilty of having bought votes, of having sold their own vote, or of having voted at more than one polling station.

    Article 33 - The Referendum list

    The rules on the keeping of the poll list and on the registration in the poll list of persons entitled to vote shall be determined by law.

    Article 34 - Conduction of Referendums

    The Referendums shall be conducted in the manner prescribed by law. Disputes regarding the right to vote shall be settled by the referendums officials, whose decision may be appealed to the Parliament.

    Article 35 - Control

    The legitimacy of an election may be contested before the Supreme Court by a procedure established by law.


VII. THE JUDICIARY

    Article 36 - The Supreme Court

    There shall be a Supreme Court of Judicature for the Hutt River Province Principality and a Court of Appeal. The Supreme Court shall have unlimited original jurisdiction to hear and determine any civil or criminal proceedings under any law. Any question concerning the interpretation of the Constitution arising in a lower court shall be referred by it to the Supreme Court. The Supreme Court shall be a superior court of record and shall have all the powers of such a court. The members of the Supreme Court is appointed by Royal Decree they must have been qualified for at least five years to practice as an law expert.

    Article 37 - The Attorney-General

    The Attorney- General, who must have necessary legal experience, shall be the principal legal adviser to the Cabinet of the Hutt River Province Principality and shall also be responsible for the administration of legal affairs in the state. Legal proceedings for or against the State shall be taken, in the case of civil proceedings, in the name of the Attorney-General and, in the case of criminal proceedings, in the name of the Crown.


VIII. STATE, SOCIETY AND INTERNATIONAL PRINCIPLES

    Article 38 - Concern of the State

    The concern of the State is aimed at:

    a. The construction and maintenance of a national economy free from foreign intervention;
    b. Sufficiency of means for the total population;
    c. Sufficient employment under the guarantee of freedom and justice;
    d. The sharing of everyone in the economic, social and cultural development and progress;
    e. Participation in the sense of citizenship during the construction, the expansion and the maintenance of a just society;
    f. Guaranteeing national unity and sovereignty.

    Article 39 - Economic goals

    The economic objectives of the Hutt River Province Principality shall aim at the construction of a national economy, free from foreign domination and for the benefit of the Nation. It is the duty of the State to promote and to guarantee as much as possible all modes of production by private enterprises.

    Article 40 - Protection and Preservation of Nature

    The State shall aim at creating and improving the conditions necessary for the protection of nature and wildlife and for the preservation of the ecological balance.

    Article 41 - Education, Culture and National monuments

    The State shall establish conditions favorable to the free development of science, education, and the arts, and shall assist that development. It shall organize the conservation of all National monuments of history and culture.

    Article 42 - International principles

    The Hutt River Province Principality

    - recognizes and respects the right of nations to self-determination and national independence on the basis of equality, sovereignty and mutual benefit;
    - promotes the development of the international legal order and supports the peaceful settlement of international disputes;
    - rejects all armed aggression, every form of political and economic pressure, as well as every direct or indirect intervention in the domestic affairs of other States;
    promotes the solidarity and cooperation with other peoples in the work against racism, genocide and in the struggle for national liberation, peace and social progress;
    promotes the participation in international organizations with a view to establishing peace and progress for mankind.


IX. GENERAL PROVISIONS

    Article 43 - Retroactive laws

    No law must be given retroactive effect.

    Article 44 - Supreme Law

    The Constitution and the Bill of Rights are the supreme law, and no other law shall contravene it. In case of conflict between the Constitution and the Bill of Rights the Constitution presides over the Bill of Rights.

    Article 45 - Revision or amendment of the Constitution

    Revision or amendments of the Constitution are enacted by a Constitutional law passed by the Parliament with a two-third majority vote.




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