WE, the Citizens of New Utopia, in the exercise of our own sovereignty and desirous of the greatest possible degree of liberty and independence, hereby declare ourselves to be:
RESOLVED in the need to be endowed with all the mechanisms leading to security in the exercise of the fundamental rights of the individual,
EAGER to use every endeavor to promote the values of liberty, justice, and individual rights, and to keep and strengthen the harmonious relations of New Utopia with its neighbors on the basis of peaceful coexistence and mutual respect, and
WILLING to bring our collaborative efforts to the creation and maintenance of a free market economy, while simultaneously preserving the integrity of the Earth and its oceans in order to provide a healthy environment for future generations.
CHAPTER I: SOVEREIGNTY OF NEW UTOPIA
Article 1: NAME
The official name of New Utopia shall be The Principality of New Utopia.
Article 2: FOUNDING PRINCIPLES
New Utopia is founded on the principles of respect, liberty, equality, justice, the defense of human rights, the promotion and maintenance of individual dignity, and the Rule of Law.
Article 3: POLITICAL SYSTEM
The Principality of New Utopia shall be a Constitutional Monarchy.
Article 4: LANGUAGE
English shall be the official language of the Principality of New Utopia.
Article 5: PRINCIPLES OF LAW
1. This Constitution, in accordance with social contract principles, shall be binding on the government and its institutions, as well as upon citizens and visitors.
2. The Principality of New Utopia recognizes the principles of equality, accountability of public institutions, and the right of all citizens to life, liberty, and the pursuit of happiness and prosperity.
CHAPTER II: RIGHTS AND FREEDOMS OF INDIVIDUALS
The Principality of New Utopia recognizes human dignity to be inalienable and therefore seeks to maintain and guarantee the inviolable rights of the individual, which constitute the foundation of political order, peace, and social justice. The enumeration of rights herein is to be construed as illustrative, not exhaustive. Any right not explicitly or by implication ceded to the State is retained by the individual.
Article 6: Equality of Citizens
1. All citizens are equal before the law. No court or government agent shall be permitted to discriminate against any citizen on the basis of birth, sex, origin, or religion.
2. No public authority shall create conditions that substantially abridge the equality or liberty of citizens, except where such individuals are held awaiting trial or have been convicted of a crime.
Article 7: Freedom of Speech, Assembly, and Association
1. No law shall substantially abridge expression, communication, or exchange of information.
2. Censorship or any other means of ideological control by law or decree of any government actor or agent shall be prohibited.
3. The right of citizens to assemble for any lawful purpose shall not be abridged, except to the extent necessary in order to prevent excessive infringement upon the free movement of goods or people, personal injury, or property damage.
4. The right to associate for lawful purposes, and to create and maintain managerial, professional, or trade associations shall not be abridged.
5. Any citizen, or resident alien with a direct interest in a matter, shall have the right to petition public authorities.
Article 8: The Freedom of Religion
1. Freedom to manifest one's religion or beliefs shall be subject only to such limitations as are necessary in order to maintain public safety, order, and health, and for the protection of the fundamental rights and freedoms of others.
2. The State shall not establish an official religion, nor require any person to disclose his or her religion or religious beliefs.
Article 9: The Right to Human Dignity
All persons have the right to physical and moral integrity. No one shall be subjected to torture or to cruel or inhumane punishment.
Article 10: The Right to Due Process
1. No person shall be deprived of life, liberty, or property except on such grounds and in accordance with such procedures as are established by this Constitution and the laws duly passed in accordance with it.
2. Executive detention shall take no longer than such time as is reasonably necessary in order to carry out those inquiries necessary to determine whether probable cause exists. In all cases, the detained shall be brought before a judge within 72 hours of being brought into custody.
3. The law shall establish a procedure in order that the detained will be informed of the charges against him or her, and that the Court may determine the lawfulness of the detention. The law shall establish a procedure to restore any fundamental rights compromised by the detention of a person.
4. No one shall be held criminally or administratively liable for any act or omission that was lawful at the time the act or omission occurred. No bill of attainder shall be passed.
5. No person shall twice be put in jeopardy of life, limb, or deprivation of property for the same offense.
6. No one shall be forced to testify against himself in a criminal or administrative proceeding. No one shall be held criminally or civilly liable on the basis of witness testimony without opportunity to cross-examine the witness.
Article 11: Right to Jurisprudence and Legal Counsel
1. All persons have the right to jurisprudence and to have a ruling founded in the law and to a trial with due process before an impartial tribunal. Any person accused of a felony shall have the right to a jury trial. In criminal cases, the accused shall have the right to competent counsel and a prompt, public trial.
Article 12: Right Privacy and Security
1. No one may enter a dwelling or any other premises against the will of the owner unless a lawful warrant, supported by probable cause, is first issued.
2. The expectation of privacy of communication within the dwelling or other premises shall be maintained, except upon a reasoned court order.
3. The right to financial and banking secrecy shall be protected by law, and disclosure only permitted to the extent necessary to protect litigants from prejudice, or upon a court order determining the existence of probable cause that a crime has been committed and that the ordered degree of financial disclosure will more likely than not aid in bringing further crime to light or bringing the perpetrator of the crime to justice.
Article 13: Crimes in Other Jurisdictions
1. No act committed on foreign soil shall be prosecuted in New Utopia, unless the act substantially abridges the rights or privileges of a citizen of New Utopia or compromises the integrity of the Government.
2. No citizen of New Utopia shall be extradited for a crime unless the act or acts of which a person is accused constitutes a felony as defined by New Utopia law.
Article 14: Right to Property and Earnings
1. No tax shall be assessed based primarily upon the amount of a person's income, wages, earnings, or property holdings, nor shall any tax be assessed as a portion of corporate profits.
2. No one shall be deprived of property without just compensation, or, in the case of criminal or civil penalties, without due process of law.
CHAPTER III: THE SOVEREIGN
The Principality as an institution predates the formation of New Utopia. The selection of this form of government is based on the historical stability, as well as its ability to provide continuity, create an atmosphere of security, and safeguard the wealth of its citizens, residents, and visitors from excessive taxation and redistribution.
Article 15: The Prince or Princess
The monarch shall be known as the Prince or Princess, and is the symbol and guarantor of the security, continuity, and independence of New Utopia.
Article 16: Duties of the Reigning Prince or Princess
1. The reigning monarch shall arbitrate and moderate the functioning of other public authorities and institutions, and shall keep himself or herself informed of affairs of state by consulting regularly with his or her staff, as well as with members of the Board of Governors.
2. The reigning monarch shall appoint the holders of the offices of state and government designated in this Constitution.
3. The reigning monarch shall appoint justices to the Supreme Court when vacancies occur or terms expire.
4. The reigning monarch shall appoint and accredit diplomatic representatives to foreign states, and shall receive credentials of foreign representatives.
Article 17: Powers and Privileges of the Reigning Prince or Princess
1. The reigning monarch may exercise the prerogative of grace at will.
2. The reigning monarch may bestow titles and honors for exceptional deeds or services beneficial to the Principality or to the Crown.
3. The reigning monarch may appoint and remove members of the Board of Governors and inferior officers in accordance with Chapter IV of this Constitution.
4. The reigning monarch may express approval or disapproval of proposed treaties, and may bargain the terms contained therein, pending ratification by a two-thirds vote of the Board of Governors.
5. The reigning monarch shall have the power to coin money and regulate the value thereof.
6. The reigning monarch shall have the power to take necessary steps to provide for the common defense.
7. The reigning monarch shall be immune from suit, except to the extent that a suit is brought for the purpose of enforcing terms of this Constitution.
Article 18: Succession
1. The throne shall be inherited by the descendants of Prince Lazarus.
2. On the demise or resignation of a reigning monarch the throne shall pass to a son or daughter, with a preference for the eldest over younger sons or daughters.
3. Where one of the monarch's children has died the issue of the deceased shall take his place in accordance with the lineal descent and the rules provided in Sections 1 and 2 of this Article.
4. On the demise of a monarch who has left no issue entitled to succeed to the throne, the throne shall pass to his brother or sister. Where the monarch has one or more brothers or sisters, or where any of his brothers or sisters have died, the rules of Sections 2 and 3 shall apply correspondingly.
5. Where there is no person entitled to succeed to the throne under the rules of Sections 2, 3, or 4, the throne shall pass to the then nearest collateral line of the descendants of Prince Lazarus with preference for the elder and issue of the elder over the younger as laid down in the immediately preceding sections.
6. If the monarch's designated successor is younger than eighteen years of age at the time of the monarch's death or resignation, the person next in line to the throne who is at least eighteen years of age shall rule in the stead of the designated successor until such time as the designated successor attains the age of eighteen years.
CHAPTER IV: THE BOARD OF GOVERNORS
Article 19: Purpose
The Board of Governors shall be responsible for carrying out the functions of government. Individual members of the Board of Governors shall be responsible for their respective departments, and, in that function, report directly to the reigning monarch or to such person as the reigning monarch may designate.
Article 20: Composition
1. The Board of Governors shall consist of the following members, who may be referred to as Governors: Foreign Minister, Minister of Finance, Minister of Corporations, Minister of Transportation, Attorney General, Minister of Interior, Minister of Security, and Minister of Tourism and Information.
2. The reigning monarch may, at his or her discretion, elevate other offices to the Board of Governors, or remove an office from service on the Board. In no event, however, shall the Board of Governors consist of less than six or more than twelve persons. In no event shall the Foreign Minister, Minister of Finance, Minister of Corporations, Attorney General, or Minister of Interior cease to be eligible to serve on the Board of Governors.
3. The reigning monarch may, at any time, remove any individual from his or her post. Titles bestowed for service or deed, however, shall remain with the holder unless revoked due to commission of treason or a felony.
Article 21: Legislation
1. It is the power of the members of the Board of Governors to propose and to approve any legislation otherwise consistent with this Constitution. Any legislation so approved shall be submitted to the reigning monarch for approval. Should the reigning monarch submit notice of disapproval of the legislation within ten days of its passage, the Board of Governors shall again vote on the legislation after a period of ten or more days has elapsed after such notification. Should the Board of Governors approve the legislation a second time, the legislation shall become law notwithstanding the reigning monarch's opposition.
2. The Board of Governors shall provide for the promulgation of all laws passed by the same. No law shall take effect until such date as provided in the legislation, and in no case except a bona fide emergency shall any law take effect until a period of ten days elapses after promulgation. Promulgation shall take place by such method appointed by law.
Article 22: Powers of the Board of Governors
1. The Board of Governors shall have the power to provide for the protection and management of land, water, flora, and fauna to the extent that such legislation remains consistent with this Constitution.
2. The Board of Governors shall have the power to establish building codes and zoning regulations to the extent necessary to protect citizens and visitors from physical danger or property damage, to promote property value, commerce, and tourism, and to the extent necessary to implement Section 1 of this Article.
3. The Board of Governors shall have the power to create and maintain essential public services, including postal services, utilities, hospitals, educational institutions, and transportation services. The Board of Governors may authorize and implement the sale or delegation and conditions upon the sale or delegation of any service included in this Article.
4. The Board of Governors shall have the power to license or maintain or sell under such conditions as it deems appropriate media of any and every kind, including, but not limited to radio, television, and telephone communication.
5. The Board of Governors shall have the power to take reasonable steps to promote the development and conservation of the historical, cultural, and artistic heritage of New Utopia.
6. The Board of Governors may establish taxes, duties, and fees otherwise consistent with this Constitution, and provide for collection and disbursement of such taxes, duties, and fees.
7. The Board of Governors shall have the power to borrow funds on the credit of the Principality of New Utopia, and to provide for the repayment of borrowed funds from the treasury.
8. The Board of Governors shall be empowered to define and set punishments for crimes to the extent that such power is consistent with other provisions of this Constitution.
9. The Board of Governors may provide for the establishment of inferior offices.
10. The Board of Governors shall have the power to regulate commerce to the extent consistent with other provisions in this Constitution.
11. Upon request of the Prince, the Board of Governors may, to the extent consistent with other provisions of this Constitution, take necessary steps to promote and protect the health, safety, and welfare of citizens.
Article 23: Duties of Governors
Each Governor shall organize and administrate those departments or agencies to which the Governor is assigned by the reigning monarch.
CHAPTER V: THE JUDICIARY
Article 24: The Judiciary
1. Adjudicative power shall be vested in an independent judiciary.
2. The Judiciary shall be vested with both Law and Equity powers, and shall decide all cases in controversy and criminal prosecutions.
3. The Judiciary shall consist of a High Court and such inferior courts as the Board of Governors shall establish.
4. All judges shall be paid compensation from the public treasury.
5. All judges, regardless of rank, shall be appointed by the reigning monarch with the approval of a majority of the Board of Governors and shall serve, during good behavior, for six-year renewable terms. In cases of initial appointments of judges of any court, judges may be appointed for terms of less than six years, at the discretion of the reigning monarch, for the purpose of promoting continuity by staggering the terms of judges sitting on the same or parallel courts.
6. The office of Judge or Justice is not compatible with any other public post, nor with the exercise of active interests in commercial or industrial activities.
Article 25: Composition of the High Court
No less than three and no more than seven Justices shall sit on the High Court. In no instance shall a case before the High Court be heard by less than three Justices, except with the consent of all parties.
Article 26: Jurisdiction and Duties of the High Court
1. The High Court shall have original jurisdiction over all cases involving disputes with Governors, Ministers, the reigning monarch, or departments of government regarding their respective responsibilities and powers under this Constitution.
2. The High Court shall have either original or elective appellate jurisdiction, as established by statute, over any case arising under this Constitution.
3. The High Court may elect to take appellate jurisdiction over any case in controversy or criminal prosecution.
4. It shall be within the discretion of the High Court to hear any case filed in any court where there has been an alleged infringement or imminent infringement of any right guaranteed under Chapter II of this Constitution, regardless of whether such a case would be designated a "case in controversy."
5. The High Court shall be responsible for administrative, procedural, and ethical oversight of all lower courts.
6. Decisions of the High Court shall be final and binding on all parties, except in such instances where the High Court may elect to rehear a case, or, in criminal and administrative cases, where the reigning monarch may elect to grant a Royal Pardon.
CHAPTER VI: CITIZENSHIP
Article 27: Acquisition of Citizen Status
1. Any natural person born to at least one parent who at time of the child's birth is a citizen of New Utopia shall be, upon proper registration, considered a Citizen of New Utopia for any and every purpose, unless and until such citizenship status is lost in accordance with another provision of this Constitution.
2. Any person, upon proper request or application, so decreed by the reigning Prince or by such person or department so delegated by the Prince, shall be considered a Citizen of New Utopia for any and every purpose, unless and until such citizenship status is lost in accordance with another provision of this Constitution.
3. The Principality of New Utopia recognizes dual citizenship. The acquisition or retention of citizenship of a country other than New Utopia shall be permitted within the reasonable discretion of the Prince.
Article 28: Loss of Citizenship Status
The status of Citizen of New Utopia, once acquired, may only be lost as a result of an act of treason against the Principality of New Utopia, voluntary and conscious renunciation of citizenship, or conviction of a crime properly designated as a felony by the duly passed and constitutional laws of New Utopia.
CHAPTER VI: AMENDMENTS
Article 29: Amendments to this Constitution
1. The right to initiate amendments to this Constitution lies with members of the Board of Governors.
2. Amendments to Chapters I, III, IV, and V of this Constitution shall require the approval of three-fourths of members of the Board of Governors, and must be signed by the reigning monarch.
3. Amendments which modify or impair any right retained by the citizens under Chapter II must, in addition to satisfying the requirements set forth in Section 2 of this Article, be approved by at least two-thirds of those resident citizens who have attained at least the age of 18 and choose to participate in a convention or vote on the issue. Procedures for the convention or vote may be set by the Board of Governors, but shall not infringe upon the principle of one person one vote, and shall protect the right of all interested resident-citizens to participate.
In accordance with the foregoing values, principles, and provisions, we the undersigned do hereby ordain and approve this Constitution.