The Constitution of the Federal Republic of Newport

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PREAMBLE

Whereas no person is born a citizen of this nation, and whereas its continued survival relies upon all its people eschewing their divisions and banding together under a common cause, to live in liberty; we, the people of Newport, do ordain this Constitution, and in so doing establish the Federal Republic of Newport: a nation born from the will of its people, and forever bound by that will.

TITLE I

FUNDAMENTAL PRINCIPLES

(1) The Federal Republic of Newport is formed by the indissoluble union of districts, municipalities, and the

federal district. No constituent entity may secede from the federation.

(2) The Branches of Government of the Union are the Executive, the Judiciary, and the Legislature.

(3) The Federal Republic of Newport is a sovereign, independent, cooperative, and pacific nation that

follows the ideals of human rights and the self-determination of peoples.

TITLE II

RIGHTS & FREEDOMS

CHAPTER 1 INDIVIDUAL AND COLLECTIVE RIGHTS (§§ 1–24)

The Constitution of the Federal Republic of Newport guarantees the rights and freedoms set out in it, subject only to such reasonable limits prescribed by law that are justified in a free and democratic society.

(1) Every citizen is equal before and under the law and has the right to equal protection and equal benefit of the law.

(2) No citizen shall be subjected to discrimination or unequal treatment on the basis of gender expression, ethnicity, social background, or other immutable personal characteristics.

(3) No one shall be compelled to do or to refrain from doing something except by virtue of law.

(4) Every citizen has the right to life, liberty, dignity, and to the security of the person, and the right not to be deprived thereof except in accordance with the principles of fundamental justice.

(5) The expression of intellectual, artistic, and communicative activities shall be free, regardless of censorship or prior licensing.

(6) Every citizen has the right to Freedom of Peaceful Assembly.

(7) Every citizen has the right to Freedom of Association for lawful purposes. Associations of a paramilitary nature are prohibited.

(8) Associative entities, when expressly authorized, shall have standing to represent their members in judicial and extrajudicial proceedings.

(9) Freedom of the Press and Media is guaranteed.

(10) Freedom of political expression, communication, and participation is guaranteed.

(11) Freedom of Conscience is inviolable. Every citizen has the right to practice, manifest, and observe their religion, faith and cultural traditions.

(12) The privacy, private life, honor, and reputation of every person are inviolable.

(13) The right to property is guaranteed.

(14) Property shall fulfill its social function, and property rights shall be exercised in a manner consistent with both private interests and the welfare of the community.

(15) No law shall abridge freedom of speech, expression, religion, assembly, association, property or political communication except where necessary to protect public safety, public order, or the fundamental rights of others.

(16) Rights cannot be withheld on the basis of criminality unless otherwise determined by this constitution.

(17) Any citizen, criminal or otherwise will have the right to a speedy and fair trial presided over by an impartial Judicial Officer, and to be informed of the nature and cause of the accusation, and to be confronted with the evidence against them, and to have the assistance of legally qualified counsel for their defence.

(18) All accused are entitled to appeal a charge made against them by the state.

(19) Every citizen has the right to be informed of the reason for a subpoena, detention, or arrest made against them.

(20) Every citizen has the right to not produce self-incriminating evidence in any situation. In criminal matters, no adverse inferences may be made from this right being exercised, specifically such that the exercise of this right in itself shall not be weighted when determining a verdict in criminal Court.

(21) The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable, and no search warrant or warrant of arrest shall issue except upon probable cause to be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce, and particularly describing the place to be searched and the persons or things to be seized.

(22) No citizen shall be tried or punished again for an offence regarding a single criminal act for which they have already been finally convicted or acquitted, in accordance with the law.

(23) The right of reply, proportional to the offense, is guaranteed, in addition to compensation for material, moral, or reputational damages.

(24) The writ of habeas corpus shall not be suspended.

CHAPTER 2 SOCIAL RIGHTS (§§ 25–30)

(25) All players are to be granted Citizenship upon joining the server for the first time.

(26) Every citizen has the right to education, healthcare, food, work, housing, transportation, leisure, public safety, social welfare and protection of enjoyment as provided by this Constitution.

(27) Every citizen shall have the right to a Universal Basic Income and a Starter Citizen Grant, guaranteed by the Government. The conditions, eligibility requirements, and implementation of such programs shall be established by law, consistent with fiscal and budgetary constraints.

(28) Every worker has the right to fair working conditions, just compensation, equal treatment, and

protection under labor laws.

(29) Consumers shall be entitled to the protection of their rights under the law.

(30) Freedom of professional, union association and striking is guaranteed.

CHAPTER 3 POLITICAL RIGHTS (§§ 31–36)

(31) Popular sovereignty shall be exercised by universal suffrage and by secret direct ballot, with equal value for all votes, in accordance with the law, by means of:

(a) election;

(b) referendum;

(d) petition.

(32) Electoral registration shall be guaranteed to any citizen who has accrued at least six (6) hours of active playtime within the preceding thirty (30) days.

(33) Every citizen who possesses the right to vote has the right to participate in, and run for elected office, unless convicted by a final and unappealable electoral crime with the sentence of ban from electoral office not exceeding the period of 90 days.

(34) The creation, merger, incorporation, and dissolution of political parties shall be free. A multiparty system is guaranteed. To be registered, a political party shall:

(a) possess a national character and shall not be organized on an ethnic, religious, or sectional basis.

(b) have autonomy to determine their internal structure and to establish rules governing the selection,

composition, tenure, organization, and operation of their permanent and provisional bodies, as well as the

criteria and arrangements for electoral coalitions;

being subject to their authority;

(d) be forbidden from utilizing paramilitary organizations.

(35) Political parties shall be entitled to resources from a Party Fund, as provided by law, provided that

they meet either of the following requirements:

(a) have elected at least one Member of the Assembly; or

(b) have obtained at least 5% of the valid votes in each district.

(36) The manner in which such funds are distributed and used shall be provided for in the law.

TITLE III

THE GOVERNMENT

CHAPTER 1 THE LEGISLATURE (§§ 1–12)

(1) All legislative authority shall be vested in the National Assembly of Newport.

(a) For the purposes of this Constitution a (simple) majority shall be defined as more votes in favour than against.

(b) For the purposes of this Constitution a supermajority shall be defined as double the amount of votes in favour than against.

(2) The National Assembly shall be composed of an odd number of Members, no fewer than five.

(a) The National Assembly may, through apportionment acts, determine a specific odd number of seats. If no current apportionment act is active, it shall default to five seats.

(b) Members shall be elected by direct, free, and secret elections under a proportional representation system, in accordance with federal law.

(c) Any citizen may stand as a candidate in a National Assembly election, provided that they do not hold any public office or position designated by federal law as incompatible with candidacy.

(2a) The National Assembly shall be elected to a term of 90 days.

(3) The Assembly shall have the sole authority to pass bills to create legislation.

(4) The Assembly shall have the sole authority to create and pass budgets through federal law, control Federal taxation through the same, supervise government spending, print money, and emit currency, unless delegated by federal law. Passing budgets, taxes and duties may not be delegated.

(5) The Assembly shall have the sole power to impeach government officials with a supermajority for intentionally violating federal law or this constitution. Impeachment shall be tried before the Supreme Court.

(6) The Assembly shall have the sole authority to declare war with a supermajority vote.

(7) The Assembly shall have the sole authority to ratify treaties signed by the President with a supermajority.

(8) The Assembly shall have the sole power to confirm all Supreme Court and Federal Court Judges with a supermajority vote.

(9) Upon assembling, the Assembly shall elect a Speaker of the National Assembly, who shall serve as the presiding officer of the Assembly:

(a) The Speaker shall be tasked with impartially enforcing the rules of the Assembly and facilitating debate in an orderly manner.

(b) In case of a tie in any vote, the Speaker must vote to keep debate going or to keep the status quo.

(d) The largest faction within the Assembly shall have the right of initiative in regards to the first nomination for a Speaker to be put to a vote in the Assembly. Should the nomination fail, any faction may put forward a nomination.

(e) The Speaker shall be elected by a majority of Members of the Assembly and may only be removed through supermajority vote. Upon being elected, if they are a Member of the Assembly, they shall be removed from the Assembly.

(10) The Assembly shall set its own rules and procedures to follow, as long as they do not violate this constitution.

(11) No ex post facto law nor a bill of attainder may be passed.

(12) In case of a vacancy, the seat will be filled in a process defined by law.

CHAPTER 2 THE JUDICIARY (§§ 13–25)

(13) Judicial power shall be vested in an independent Judiciary. Judicial officers shall exercise their functions impartially and shall be subject only to this Constitution and the law.

(14) The Supreme Court shall be the highest court in the Republic.

(a) The Supreme Court shall hear all major constitutional cases;

(b) ensure the uniform interpretation of the Constitution and the law; and

(d) Appeals shall be admitted whenever one justice determines that the case has constitutional

relevance, general legal significance, or is necessary to ensure the uniform interpretation of the law.

(e) Judgments of the Supreme Court shall be final except where expressly provided otherwise by this

Constitution.

(15) There shall be no fewer than three (3) Justices, one being the Chief Justice.

(a) Justices shall be nominated by the President and confirmed by the National Assembly with a supermajority. A Justice whose term has expired shall continue to serve until a successor is confirmed, unless removed in accordance with this Constitution.

(b) The National Assembly may by federal law increase or decrease the total number of Justices if the total remains an odd number not smaller than three (3) and no bigger than nine (9). Any such federal law shall only take effect following the next presidential election and may not remove a currently-sitting Justice.

(c) Quorum for the Supreme Court shall be a majority of sitting Justices and must include at least two Justices in all cases.

(d) A decision of the Supreme Court shall only be delivered when a majority of participating justices agree to the verdict. In the event of a tie, the vote of the Chief Justice shall be considered decisive in cases where the Supreme Court has original jurisdiction.

(e) If a verdict cannot be delivered due to quorum in cases where the Supreme Court has appellate jurisdiction, the decision of the lower court stands.

(16) The original jurisdiction of the Supreme Court shall be:

(a) disputes concerning the interpretation of this Constitution;

(b) disputes between the Federation, the districts, and other public authorities;

(c) proceedings concerning the removal or temporary disqualification of elected officials following impeachment or criminal conviction, for a period not exceeding ninety (90) days unless otherwise provided by federal law;

(d) any other matter assigned to it by this Constitution.

(17) The Federal Court shall be the second-highest court in the Republic.

(a) The Federal Court shall exercise original jurisdiction over all civil and criminal matters not assigned to another court by this Constitution or by law.

(b) Federal Court cases are presided over by Judges.

(d) The Federal Court shall hear appeals from the District Courts.

(18) The Federal Court shall have authority to:

(a) hear civil and criminal matters;

(b) issue warrants and judicial orders;

(19) A decision of the Federal Court may be appealed to the Supreme Court on the grounds that the decision is unconstitutional, unlawful, or involves a substantial error in the application of the law.

(20) The Electoral Court shall be a specialized court responsible for safeguarding the legality, integrity, and fairness of elections and referenda.

(a) The Electoral Court shall be presided over by three Electoral Judges.

(b) The Supreme Court shall appoint one Justice of the Supreme Court, one Federal Court Judge, and one Attorney to serve as Electoral Judges.

(c) Electoral Judges may simultaneously continue to exercise the powers and duties of their respective judicial or legal offices unless otherwise provided by law.

(d) An Electoral Judge shall not occupy the office for more than 8 consecutive months.

(21) The Electoral Court shall have exclusive original jurisdiction over:

(a) adjudicating alleged violations of electoral law;

(b) electoral offenses in accordance with the law;

(d) any other electoral matter prescribed by law.

It shall have the power to:

(e) Issue orders necessary to preserve the free and fair character of elections and referenda;

(f) supervise, direct, and discipline electoral officers;

(g) certify election and referendum results; and

(h) order recounts, corrective measures, or new elections when required by law;

(i) handle the administrative functions of elections and referendums.

(22) A party may appeal a decision of the Electoral Court to the Supreme Court where the decision is alleged to be unconstitutional, unlawful, or affected by a substantial error in the application of electoral law. The Supreme Court shall have final appellate jurisdiction over all decisions of the Electoral Court.

(23) The District Courts shall be the lowest courts in the Republic.

(a) A District Assembly may establish a District Court for its district.

(b) District Courts shall be a part of the Federal Judiciary.

(c) District Courts shall exercise original jurisdiction over minor civil and criminal matters as prescribed by district or federal law.

(d) District Court policies and vetoes can occur from the Federal and Supreme Court if needed.

Where no District Court exists, its jurisdiction shall be exercised by the Federal Court.

(24) District Court proceedings are presided over by Magistrates.

Magistrates shall be appointed by the Supreme Court.

Each district shall not have more than two (2) Magistrates.

(25) Judicial officers shall consist of the Chief Justice, Justices, Judges, Electoral Judges, and Magistrates. The qualifications, terms of office, judicial ethics, disciplinary procedures, resignation, retirement, vacancies, and removal of judicial officers shall be prescribed by Judicial Standards Act, except where otherwise provided by this Constitution. Judicial officers may be removed only by impeachment or for such other constitutional grounds as may be prescribed by federal law.

CHAPTER 3 THE EXECUTIVE (§§ 26–44)

(26) The President is the Head of State of the Federal Republic of Newport.

(27) The President must sign bills passed by the National Assembly to be enacted into law.

(a) If the President believes that a law passed by the Assembly is wholly or partially unconstitutional, they may refer the law to the Supreme Court for review.

(b) The President may refuse to sign any law passed by the Assembly only during a period where no Chancellor has been elected by the current Assembly. After electing a new Chancellor, the National Assembly may insist upon the enactment of such a bill. The President may not refuse to sign a bill that has been upheld by the Supreme Court.

(c) The President's assent is assumed if the President takes no legal action within 7 days of receiving notification of the passage of a bill from the Speaker of the National Assembly.

(28) The President shall nominate Justices, the Chief Justice, and Judges to vacancies on the Supreme and Federal Courts, who shall be appointed for a term of 8 months once confirmed by a supermajority vote of the Assembly.

(29) The President is the chief diplomat of the Federal Republic of Newport, and must sign treaties between the Federal Republic of Newport and other sovereign nations before they are presented to the Assembly for ratification. No treaty may take effect until it is ratified by the Assembly.

(30) The President shall have the power to determine the symbols of the Union, such as, but not limited to, the flag, the Seals of the Institutions, and the National Anthem. They shall also have the power to determine public holidays.

(31) The President shall have such additional powers as this Constitution or federal law may provide. The powers granted by federal law may not infringe upon any powers granted to other institutions by this constitution, except in cases of specifically prescribed delegation in this constitution.

(32) In the event the Presidency becomes vacant, the Speaker of the National Assembly shall ascend to the Presidency. Upon assuming the Presidency, the Speaker shall relinquish their old office. The President may voluntarily declare their absence to the Speaker of the National Assembly, and relinquish their powers and duties to the Chancellor until they declare their return to the Speaker of the National Assembly.

(33) The President shall be directly elected by the People for a term of 180 days through a ranked choice voting system, in accordance with federal law.

(34) Elections for the Presidency shall proceed according to a schedule defined by the National Assembly,

provided that:

(a) An open declaration period shall be held for not less than 72 hours; and

(b) The voting period shall commence no earlier than seventy-two (72) hours after the close of the declaration period and shall remain open for no less than seventy-two (72) hours.

(d) Any person holding a public office or position designated by federal law or this Constitution as incompatible with candidacy for the Presidency shall be ineligible to stand for election unless they have resigned or otherwise complied with the requirements prescribed by federal law within the applicable period before the election.

(35) The Chancellor is the head of the Cabinet and the federal government.

(a) The Chancellor heads the Cabinet and sets the policy guidelines thereof.

(c) The Cabinet, under the policy guidelines of the Chancellor, shall ensure and bear the sole authority that federal laws are faithfully executed.

(c) The Chancellor is the principal representative of the federal government in the National Assembly. They shall be granted the right to be heard by it at any time should they wish.

(36) The Deputy Chancellor is a Cabinet Minister authorised to deputise for the Chancellor in the event of their absence.

(a) The Deputy Chancellor may exercise the powers and duties of the Chancellor if specifically delegated by the Chancellor.

(b) The Assembly may provide by law that certain powers and duties of the Chancellor are not able to be delegated to the Deputy Chancellor.

(37) Cabinet Ministers lead their respective Ministries and set the policies and applicable fees of service thereof, in accordance with the policy guidelines set by the Chancellor.

(a) Cabinet Ministers are appointed and dismissed by the President on the advice of the Chancellor.

(b) Cabinet Ministers shall be granted the right to be heard by the Assembly at any time should they wish.

The Cabinet Ministries and their Ministerial portfolios shall be established through law.

(38) The Chancellor, Cabinet Ministers, the Ministries, and the federal government shall have such additional powers as this Constitution or federal law may provide. The powers granted by federal law may not infringe upon any powers granted to other institutions by this constitution, except in cases of specifically prescribed delegation in this constitution.

(39) A Cabinet Minister entrusted with defence is the commander-in-chief of the armed forces of the Federal Republic of Newport in times of peace. In times of war, as declared by the National Assembly, the Chancellor shall be the commander-in-chief. No armed forces may be used unless permitted by federal law or unless war is declared.

(40) The Chancellor shall be elected by the Assembly without debate on the proposal of the President. The person who receives the votes of a majority of the Members of the Assembly shall be elected. The person elected shall be appointed by the President.

(41) If the person proposed by the President is not elected, the Assembly may elect a Chancellor by the votes of a majority of its Members upon a proposal from at least one-fourths of the Assembly. If no person is elected Chancellor within 7 days of the rejection of the proposal of the President, the President may dissolve the Assembly.

(42) The Assembly may express its lack of confidence in the Chancellor only by electing a successor by the vote of a majority of its Members and requesting the President to dismiss the Chancellor. The President must comply with the request and appoint the person elected. Forty-eight hours shall elapse between the motion and the election.

(43) The tenure of office of the Chancellor or of a Cabinet Minister shall end in any event when a new Assembly convenes; the tenure of office of a Cabinet Minister shall also end on any other occasion on which the Chancellor ceases to hold office.

(44) At the request of the President the Chancellor, or at the request of the Chancellor or of the President a Cabinet Minister, shall be obliged to continue to manage the affairs of his office until a successor is appointed.

CHAPTER 4 DISTRICTS AND MUNICIPALITIES (§§ 45–58)

(45) The political-administrative organization of the Federal Republic of Newport comprises the union, the districts, municipalities, and the federal territories.

(46) Leopolis is the federal district and the Capital of the Union, it shall serve as the seat of the federal government. The federal district shall be governed directly by the federal government.

(47) The federal territories are constituent parts of the Union. The National Assembly may, through a supermajority of votes, organise certain federal territories into a District. Districts may only be dissolved by a vote of 4/5 in the National Assembly and confirmation by a referendum in the affected district. Further details regarding the admission of districts may be defined by federal law. Unless specified otherwise in law or this constitution, they are directly governed by the federal government.

(48) Districts may merge with one another, subdivide, or separate portions of their territory to join other districts, or to form new districts or Federal Territories, subject to approval by the directly affected population through a referendum and approval from the district governments.

(49) The districts shall organize and govern themselves under the constitutions and laws they adopt, in accordance with the principles of this constitution, provided that at least a District Assembly per district is established, which shall act as the legislature for the district.

(50) The District Assembly may establish a District Court, serving as the Judicial Branch for the district, in the District Constitution.

(51) The districts shall have exclusive authority over the following areas:

(a) the adoption and amendment of their District Constitution;

(b) the organization and administration of district Police;

(d) contracts and agreements between municipalities within the district, between other districts, and with other public or private entities;

(e) Regional infrastructure and development projects;

(f) any powers not reserved to the union by federal law.

(52) A person is considered a resident of a municipality should they:

(a) actively reside in said municipality;

(b) have been approved residency status through a documented and transparent process; where

(c) no municipality may deny an application for residency on the basis of personal bias, immutable characteristics, or other discriminatory grounds prohibited by law.

No individual may simultaneously hold residency in more than one municipality.

(53) Municipalities shall organize and govern themselves under the charter and laws they and their residents adopt, provided they remain consistent with federal and district law. The municipality must elect in accordance with its charter at least one Mayor, who shall head the municipality.

(54) Municipalities shall have exclusive authority over:

(a) local zoning and urban planning in accordance with Federal requirements;

(b) local public works and infrastructure in accordance with Federal requirements;

(d) municipal property management;

(e) any powers not reserved to the union or the districts by federal or district law.

(55) In the event of a conflict between concurrent powers of federal and district law the following hierarchy shall apply:

(a) The Constitution of the Republic;

(b) federal law;

(d) municipal law.

Any law inconsistent with a superior law shall be invalid to the extent of the inconsistency.

(56) Territorial disputes involving multiple districts shall fall under the original jurisdiction of the Supreme Court.

(57) The federal government may intervene in a district or a municipality only when necessary to:

(a) enforce this Constitution;

(b) preserve democratic government and lawful elections;

(d) restore public order and governmental functionality.

(58) Federal intervention shall require authorization by the Assembly via supermajority vote, except where immediate action is necessary to enforce a judicial order, in which case authorization shall be sought as soon as practicable. Any intervention shall be temporary and limited to the measures necessary to achieve its constitutional purpose and actions taken under an intervention shall remain subject to judicial review.

CHAPTER 5 SERVER STAFF (§ 59)

(59) The Server Staff retain the reserve power to override any law, government decision, or similar.

TITLE IV

CONSTITUTIONAL AMENDMENTS

(1) The Assembly may pass a bill to amend this Constitution by supermajority vote. Such a bill may not have any effect except to amend this Constitution and establish such measures as are necessary to transition into the amendment.

(2) Once such a bill has been passed by the Assembly, the amendment shall be submitted to a referendum. The amendment shall be ratified if the referendum passes with at least a simple majority.

TITLE V

TRANSITIONAL PROVISIONS

CHAPTER 1 PLEBISCITE (§§ 1–8)

(1) Upon completion of an initial constitutional draft by Server Staff, or upon request from the President once per presidential term; a plebiscite lasting no longer than seven (7) days shall commence, during which any citizen may propose amendments to the draft constitution or move for the closure of the discussion period.

(2) Every citizen participating in the plebiscite shall be notified of each motion submitted for a vote and shall have twenty-four (24) hours to cast their vote.

(3) Unless otherwise provided, a motion shall be adopted upon receiving a majority of valid votes cast.

(4) Synchronous meetings may be held during the discussion period for the purpose of debate, deliberation, and the consideration of proposed amendments.

(5) Upon the closure of the discussion period, the President shall prepare a final draft incorporating all approved amendments into the Constitution.

(6) The final draft shall be submitted to popular referendum. The Constitution shall be adopted or amended upon receiving a majority of valid votes cast.

(7) Upon its adoption, this Constitution shall enter into force immediately.

(8) Should the referendum under §6 of this title fail, the status quo shall be maintained, and the proposed draft shall have no legal effect.

CHAPTER 2 TRANSITIONAL GOVERNMENT (§§ 9–11)

(9) For the purposes of the first general election, the National Assembly shall consist of five Members.

(10) The functions of the state shall be exercised by the Server Staff until authority is transferred in accordance with this constitution and all legislation necessary for the operation of the respective Authority has been enacted.

(11) The first Assembly and presidential elections shall be held as soon as practicable by Server Staff. Playtime requirements shall be suspended for these elections, both as to voting and as to contesting office.

(12) Until defined by law, elections for the National Assembly shall be conducted with a party-based Sainte-Laguë system. Each citizen only has one vote which they shall cast to a participating party or electoral coalition.