If it may please the Honorable Prime Minister, in my capacity as Royal Chancellor and by assent of His Royal Majesty the King, I put forth the following for consideration by Parliament.
Austi Scot
Royal Chancellor
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Part VII Constitutional Amendments
Article 58
(1) Bills of Constitutional Amendments to the Constitution of The Kingdom of Devonia may be introduced to the legislative body of the Parliament by any Member of Parliament or may be introduced into the Grand Council/Crown Council by any Minister who is a Member of the Council. If the first introduction of a Bill of Constitutional Amendment is to the Council it must be recommended to Parliament in an open session of the Council by 1/2 of the Ministers who are Members of that Council before the sponsoring Minister may introduced the proposed Bill of Constitutional Amendment to Parliament. If the first introduction of a Bill of Constitutional Amendment is to the Parliament it must be presented to the Grand Council/Crown Council by a Minister who is a member of the Council and who agrees to represent the Member of Parliament in the case when the Parliament sponsor is not a Member of the Council.
(2) A Bill of Constitutional Amendment must receive an affirmative vote of 2/3 or more of the Members of Parliament and in its final form the recommendation of ½ or more of the Ministers who are Members of the Council. If a Bill of Constitutional Amendment has passed Parliament with different wording than what was previously recommended by the Council or if it has not yet been recommended by the Council, the Member of Parliament who is the Sponsor shall cause the introduction of the Bill of Constitutional Amendment to the Council either by his own hand in the case where he is a Member of the Council or by the hand of a Minister who is a Member of the Council.
(3) Upon being passed by 2/3 or more of the Members of Parliament and having received in its final form the recommendations of ½ or more of the Ministers who are Members of the Council, the Royal Chancellor shall present the Bill of Constitutional Amendment to the King for his approval within fourteen days of the final recommendation or vote, whichever shall occur last, with his recommendations to the King.
(4) Upon failure of passage of Parliament or upon failure of recommendation from the Council of the Bill of Constitutional Amendment, the Article of the Constitution that was the subject of the Bill of Constitutional Amendment shall not be subject to another Bill of Constitutional Amendment by either a Member of Parliament or by a Member of the Council during the session of Parliament in which such Bill of Constitutional Amendment failed.
(5) The Bill of Constitutional Amendment shall become part of the Constitution and have full force of the Constitution only upon being signed as approved by the King within thirty days of its presentation to him.
(6) Upon approval of the Constitutional Amendment by the King the Royal Chancellor shall cause to be published the Constitution with the Amendment incorporated as part of the Constitution, notwithstanding, the Part numbers, Article numbers, and line numbers shall be adjusted accordingly to allow for the case of wording that is removed from or added to the Constitution due to the Amendment.
(7) Should the Bill of Constitutional Amendment not receive the signature of the King the Article of the Constitution that was the subject of the Bill of Constitutional Amendment shall not be subject to another Bill of Constitutional Amendment in the session of the Parliament in which it failed. _________________ Austi Scot MP
Royal Chancellor
Order of Devonia
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I shall say now where I stand on this Constitutional amendment.
I fully understand the need to protect the Constitution, and measures must be put in place to preserve the country's democracy, and the authority of Parliament and the King. Having previously read the new Constitution, I had been under the impression that it already stated that constitutional amendments must be approved by two thirds of Parliament. I would like to ask anyone who feels able to comment, am I mistaken, or has the copy of the Constitution in the Parliamentary Library been changed by persons unknown? In any case, I agree that Constitutional amendments should be approved by Parliament by a two thirds majority. However, I do not approve of the powers that the bill in its current form would give to the Grand Council.
To my understanding, ministers in Devonia are appointed by the King, to enforce the law through their particular ministries. For example, the Interior Minister is responsible for home affairs and immigration. Together, they form the Grand Council, which acts as an advisory body to the King, and members are entitled to attend sittings of Parliament and present bills for consideration by Parliament. All this I am happy with. However, I feel that requiring Constitutional amendments to be approved by half of the Grand Council would be an unwelcome step towards making it an upper chamber of Parliament. I feel that such a move would be antidemocratic, and I will therefore not vote in favour of this amendment, unless articles (1) to (4) are altered to remove the requirement for amendments to be passed by the Grand Council.
I yield to the floor. _________________ Christopher Wright MP
Deputy Prime Minister
The Honorable Deputy Prime Minister makes a very good point. I am willing to consider changes in this area. As I read the Constitution when I first joined Devonia I too was under the impression that a method to amend the Constitution was in place. Later it was pointed out to me that I was laboring under a former Constitution of Devonia. There were other aspects in the older Constitution which I was attempting to following, which it turned out didn’t actually exist anymore.
To that end I present what I now understand to be the current Constitution. May I ask that we use this as our starting point or if it isn’t the Constitution that is currently in place that we have the correct Constitution provided. I believe the Honorable Prime Minister may be able to be very helpful in this area.
Posted: Wed Oct 10, 2007 4:28 am
The Constitution of the Kingdom of Devonia
Whereas it is essential for one people to be united under a common law and for all to be treated with a sense of equality, we the People do ordain this Constitution.
Part I
Article 1
This constitution applies to all parts of the Kingdom of Devonia, its subjects, citizens and constituent divisions and protectorates.
Article 2
The form of government shall be styled of a Monarchy. Royal power shall be inherited by persons that are in accordance with provisions of a law set by an Act of King.
Articles 3
All state power derives from the King. Legislative power is jointly vested in the King in council and Parliament. The executive power is vested solely in the King and his Ministers. The Judicial powers are vested in the Courts of Justice.
Part II
Article 4
The King shall not be a direct sovereign of any other nation. This does not limit titles that are non ruling.
Article 5
Provisions shall be made by the King and His Ministers to keep in place a member of the Royal Family on the Throne. If there is no Heir directed by will, then the Next oldest relative shall be placed on the throne.
Article 6
(1) The civil list of the King shall be granted for the duration of his reign by statute. Such a statute shall also provide for the castles, palaces, and other state property which shall be placed at the disposal of the king for his use.
Article 7
The Heir to the Throne may at the recommendation of the King, be given a seat in the crown council. The seat shall be without vote and responsibility.
Article 8
(1) A Prince or Princess entitled to succeed to the Crown of Devonia may not accept any other crowns or governments without the sole consent of the King.
(2) If he or she acts contrary to this rule, their line shall forfeit all claims to the throne.
Article 9
In the case of the Kings disappearance for an extended time, the Grand Council shall be responsible for the Administration of the King’s reign. They shall only do as ordained by The King to do.
Article 10
If and when the King is absent from the realm unless commanding forces elsewhere, or if he is so ill that he cannot attend to the daily functions of government, the person entitled to the Throne next shall conduct the government. In the absence of an heir the Crown Council shall conduct the administration of the realm.
Article 11
If the Royal Line has completely died out and no successor to the throne was designated, then in accordance with Article 5 measure to ensure this shall be undertaken.
Part III
Article 12
In alliance with Article 3, all stately powers derive from the King. The King shall have the Supreme Authority in all the affairs of the realm and shall exercise this power through Ministers of his approval.
Article 13
The King shall not be answerable for his actions; His person and the Persons of his clan shall be held sacrosanct. His Ministers shall be responsible for the conduct of government; the responsibility laid upon them is to be made by special provisions by the king.
Article 14
The King shall appoint and dismiss the Royal Chancellor and the other ministers. He shall decide upon the Number of Ministers and Upon the Distribution of the duties of government among them. The Signature of the King to Resolutions relating to legislation and Government shall make such resolutions valid, provided that the Signature of the King is accompanied by the Signature or signatures of one or more Ministers. A minister who has signed a resolution shall be responsible for the Resolution.
Article 15
(1) A minister shall not remain in office after firstly the Grand Council has passed a vote of No Confidence in him.
(2) Once a vote of no confidence has passed in the Grand Council, a vote must be undertaken in Parliament.
(3) Once a Vote of no confidence has been made against a Royal Chancellor, he shall ask for the dismissal of the Ministry. If a vote of censure has been passed on a ministry or Minister or it has asked for Dismissal, it shall continue in office until a New Ministry/Minister has been appointed.
Article 16
Ministers may be impeached by the King or By the Parliament for maladministration of office. The High Court shall try cases of impeachment brought against ministers.
Article 17
(1) The body of Ministers shall form the Grand Council. The Grand Council shall be presided over by the King except in the instance where the next highest in the succession shall preside over the body. In cases where no such person is to be found, the Royal Chancellor shall preside over it, not acting against the Kings Wishes.
(2) All bills and important government Measures Shall be discussed in the Grand Council.
Article 18
(1) The King shall act on behalf of the realm in intermicronational affairs. Provided that without the consent of Parliament the King shall not undertake any act that decreases the territory of the realm; nor shall he enter any agreement that requires concurrence of Parliament.
(2) The Declaration of War against any foreign state requires ratification by Parliament.
Article 19
(1) Powers vested in the Authorities of the realm may, to such extent as shall be provided by statute, be delegated to intermicronational authorities set up by mutual agreement with other states for the promotion of intermicronational rules of law and co-operation.
(2) For the passing of a bill dealing with the subject as above, a majority vote of two-thirds of the Members of Parliament shall be required. If the majority for a regular bill is reached then the bill shall be set back on the agenda.
Article 20
The King may cause bills and other measure to be introduced into Parliament.
Article 21
A bill passed by Parliament shall become law if it receives Royal Assent from the King not later than thirty days after it was passed. Every bill shall require the sanction of the King in order to acquire validity.
Article 22
The King may from time to time as he sees fit issue Royal Orders/Proclamations. These Orders shall not be at differences with the Constitution. In the case of an absence of Parliament the King shall pass provisional laws, provided that they are submitted to Parliament once it’s established.
Article 23
The King shall have the prerogative of mercy and of granting amnesty. This power shall belong to only the King. He shall give pardons for sentences passed down by the High Court.
Article 24
The King shall make such grants and grant exemptions from the statutes as are either warranted or have been warranted by statute.
Article 25
Rules governing the appointment of civil servants shall be laid down by statue of the king. No person shall be appointed a civil servant unless he is a Subject. Servants appointed by the King and executive figure shall make a solemn declaration to the effect that they will adhere to the constitution.
Article 26
The King is the Count of Honors and may bestow upon persons rewards and order to whomever he pleases. Officials honorably discharged from the state retain the title and rank of their office. This does not apply to Members of the Grand Council or Ministers unless such special provisions are provided.
Article 27
The King chooses and dismisses at his own discretion members of his House and court officials.
Article 28
(1) The King is the Commander-in-Chief of the combined forces of the realm. These forces may be increased or reduced without the consent of Parliament.
(2) Troops not classified as troops of the line must never without direct command from the King be employed outside the borders of the realm.
Article 29
The King shall make provisions concerning titles for those who are entitled to succeed to the crown.
Article 30
The King shall have the power to enact any and all changes by royal decree in the event that there is no subject of the Kingdom willing or able to run for or act on behalf of the people. The King is required to act in the best interests of the people and the people until an appropriate legislature body is convened shall act in that capacity.
Part IV
Article 31
Parliament Shall Consist of Not less than three but not more than 20 Members
Article 32
Any Citizen of the Realm whose residence is in the realm shall have the right to vote in Parliamentary Elections, provided that they have not been declared incapacitated or having been convicted of crime.
Article 33
(1) Any Person who has a right to vote at a Parliamentary election shall be eligible to run for office in Parliament, unless incapacitated or having been convicted of crime.
(2) Civil servants who are elected Parliament Members shall not be able to hold their rights as civil servants, unless the role of which is miniscule.
Article 34
(1) Members of Parliament shall be elected by general and direct ballot.
(2) Rules for the exercise of the suffrage shall be laid down by an Elections Act, which to secure equal representation of the various opinions of the electorate, shall prescribe the manner of election and decide whether proportional representation shall be adopted with or without election in single member constituencies.
Article 35
(1) The members of Parliament shall be elected for a period of six months.
(2) The King may at any time issue writs for seats that are vacated after an election.
(3) The Royal Chancellor along with the Prime Minister shall cause a general election to be held before the expiration of the period for which the Current Parliament was elected.
(4) If a Member of Parliament becomes ineligible his seating in Parliament shall become vacant.
(5) On Approval of his election each new Member shall make a solemn declaration that he will adhere to the Constitution.
Article 36
The High Court shall determine the validity of the election of a Member, the General Election, or if a Member has lost his eligibility or not.
Article 37
Any Person who tries to harm, sides with our enemies, or hinders The Government Shall is to be tried of Treason.
Article 38
(1) A Newly elected Parliament shall sit within a week after the day of election, unless the King has previously convoked a meeting of Members.
(2) Immediately after the proving of the mandates Parliament shall constitute itself by the election of a Prime Minister and a Deputy Prime Minister.
(3) The Prime Minister shall act as the head of Parliament and shall preside over all legislative meetings. The Prime Minister shall set the agenda of the legislature, shall keep order in the Parliament and shall have all the powers necessary to fulfill his duties as Prime Minister so long as they do not coincide with the constitution of this state.
(4) The Deputy Prime Minister shall serve as second in command and serve his duties as appropriated to him by the Prime Minister.
Article 39
(1) The sessional year of Parliament shall commence within the first week of election, and shall continue until the third month, upon which it will recess for two weeks before resuming until the end of the term.
(2) On the first day of the sessional year the Members shall assemble for a new session of Parliament.
Article 40
Parliament shall meet in the place where Government has its seat. In extraordinary circumstances, Parliament may assemble elsewhere in the Realm.
Article 41
(1) At the first meeting of the sessional year, the King and the Royal Chancellor shall render an account of the general state of the country and of the measures proposed by Government. This shall be followed by speeches from the Prime Minister.
(2) Such an account shall be the subject of general debate.
Article 42
Parliament shall be closed by the King, in person or by his proxy.
Article 43
The Prime Minister shall convene the meetings of Parliament, stating the order of the week.
Article 44
Ministers shall ex officio be entitled to attend the sitting of Parliament and to address Parliament during the debates as often as they desire, provided that they abide by the rules of Procedure of Parliament. They shall be entitled to vote only when they are Members of Parliament. They are entitled to introduce legislation on behalf of the King.
Article 45
(1) Any Member of Parliament may introduce Bills and other Measures.
(2) No Bill shall be finally passed until it is read at least twice in Parliament.
(3) Government Bills introduced by the Royal Chancellor or Ministers shall take precedence over private members’ bills’.
(4) In the case of a new election and at the end of the sessional year, all bills and other measures which have not been passed shall be dropped.
(5) All ordinary bills or other measures require a simple majority. In votes in which the negative and affirmative are both of equal number; the Deputy Prime Minister shall cast the sole deciding vote.
Article 46
No Taxes shall be imposed, altered, or repealed except by statute; nor shall any man be conscripted or any public loan be raised except by statute.
Article 47
All Aliens to gain citizenship shall be required to be naturalized. The handling of this shall be set by statute to be prescribed by parliament.
Article 48
Parliament shall lay down its own rules of procedure, including rules governing its conduct of business and the maintenance of order.
Article 49
In Order to do legislative work, a Quorum Call shall be called at the beginning of the session, of which more than one half must be in attendance to do legislative work.
Article 50
Parliament shall appoint committees from among its Members to do its legislative work and to investigate matters of general importance. Such committees shall be entitled to demand written or oral information from both private citizens and public authorities.
Article 51
With the Consent of Parliament a Member shall submit for discussion any matter of public interest and request a statement thereon from the Ministers.
Article 52
Petitions may be submitted to Parliament only by its own Members.
Article 53
Members of Parliament shall be bound solely by their own conscience and not by any directions given by their electors. No member shall be prosecuted or imprisoned in any manner whatsoever for any happenings in Session.
Part V
Article 54
(1) The High Court shall consist of Three Judges. One of these Judges shall be Chief Judge of the High Court.
(2) The Chief Judge shall act as President of the Court.
(3) The High Court is the Highest Court in the Land; its Rules shall be given by statute.
Article 55
(1) The High Court shall try such action as may be brought by the King or Parliament.
(2) The High Court shall try cases that are of substantial importance.
(3) The Judges of the High Court shall interpret legislation to ensure it is legal.
(4) The Excise of Judicial Power shall be governed only by statute. Extraordinary courts of justice wit judicial power shall not be established.
(5) The Judiciary shall forever remain independent of the Executive power and of the Legislative Power.
Article 56
(1) The courts of justice shall be entitled to decide any question bearing upon the scope of executive authority of the executive power. Persons who query such authority shall not avoid the temporary compliance with orders given by the executive power.
(2) Judges may only be dismissed by the King for lack of fulfilling duties.
Part VI
Article 57
(1) Parliament shall by Statute ensure the Basic freedoms and Rights of the Citizens and to the extent by Statue.
Article 58
Parliament shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or of the people peaceably to assemble.
Bill Of Rights
Article 1
A Person shall be deprived of his liberty only where this is warranted by law.
Article 2
A well regulated Militia being necessary to the security of a Free State, the right of the people to keep and bear Arms, shall not be infringed.
Article 3
No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.
Article 4
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Article 5
No person shall be held to answer for any capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
Article 6
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the Province where in the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.
Article 7
In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the Kingdom of Devonia, than according to the rules of the common law.
Article 8
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
I must agree with the RH Deputy Prime Minister in the issues raised. This bill in its current form dilutes the power of the Parliament and in turn that if the citizens who elected this Parliament, when it comes to such an important issue as the constitution.
I therefore move that this Amendment be re-drafted with the suggestions of the Deputy Prime Minister in mind.
I Yield to the Floor,
M. Dervin _________________ Mr. Dervin, Prime Minister of the Kingdom of Devonia
I agree with the RH Prime Minister. I believe that, according to the new Parliamentary procedures, it is time for the RH Prime Minister to call for a vote on whether the amendment is to be given a second reading. This will give the RH Chancellor, as sponsor of this amendment, time to make any adjustments he wishes to make.
The amendment will have my vote only if the sections which require constitutional amendments to be passed by the Grand Council are altered to remove this requirement.
I yield to the floor. _________________ Christopher Wright MP
Deputy Prime Minister
The system logged me out during the posting of the above post, so the post above, was by me... Just in case you were wondering. My apologise to the Parliament.
I yield to the floor,
M. Dervin _________________ Mr. Dervin, Prime Minister of the Kingdom of Devonia
I vote AYE for this bill to be amended and presented to this Parliament for a second reading. _________________ Austi Scot MP
Royal Chancellor
Order of Devonia
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The Sponsor of this Bill is requested to re-draft this bill and notify the Prime Minister when this is complete, so that it may be place on the Agenda of this August Body.
I Yield to the floor, _________________ Mr. Dervin, Prime Minister of the Kingdom of Devonia
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