Constitution of Mikenstein

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Federal Constitution of the Federal Republic of Mikenstein 1964
Created 19 February 1953
Ratified 1 December 1964

Article 1: Fundamental Principals

Section 1.01 Basic Provisions

(a) The Constitution of the Federal Republic of Mikenstein shall be the highest law in The Federal Republic of Mikenstein and, therefore, shall be directly enforceable before all Courts of the Federal Republic of Mikenstein; all forms of law and all contracts between any legal and/or natural Persons, including all Department or Ministries of the Federal Government, made under the jurisdiction of The Federal Republic of Mikenstein.

(b) The Federal Republic of Mikenstein shall be governed by the Federal Government and the provinces shall be governed also by the Provincial Governments.

(c) The Provinces shall consist of Glambeck, Chur, Innsbruck, Salzburg, Villach and Kitzbuhel, with the Province capitals being the aforementioned cities.

(d) Glambeck shall be Nation’s capital and the seat of Government.

(e) The Powers of the Federal Government shall be derived solely from the provisions of this Constitution and no member of the Government has powers to single-handedly override this Constitution.

(f) International law may be integrated with this Constitution, and other passed acts, so long as it does contradict this Constitution or other passed acts and it does no threaten the safety of the Nation and our people.


Section 1.02 Powers of the Federal Government

(a) No law can retroactively change the legal consequences and/or status of actions that have been already committed.

(b) No Person shall be threatened with, or subjected to, any punishment which has not been provided for by an Act passed by State Council or the Constitution, nor shall any Person be punished for any act which has not been expressly forbidden by an Act passed by State Council or the Constitution.

(c) No Department or Ministry of the Federal Government shall introduce any state of emergency or war, except the Office of the President, or the Office of the Vice-President, if the President cannot be reached.

(d) No Department or Ministry of the Federal Government, nor any number of Citizens or other Residents of the Federal Republic of Mikenstein, shall consent to the incorporation to the Federal Republic of Mikenstein any new territory to The Federal Republic of Mikenstein. Two-thirds of members of both houses must consent to the incorporation to the Federal Republic of Mikenstein any new territory to The Federal Republic of Mikenstein.

(e) Only the defence Department or Ministry of the Federal Government shall establish any standing army; and no Department or Ministry of the Government shall declare war other than in defence of The Federal Republic of Mikenstein in reaction to an act of armed aggression against The Federal Republic of Mikenstein which has already taken place or is imminent.

(f) No Department or Ministry of the Federal Government shall contract with any legal or natural Person, state or entity for the purposes of acquiring data it itself is not entitled to acquire under this Constitution or any laws passed in accordance therewith; nor shall any Department or Ministry of the Federal Government be allowed to procure any legal or natural Person to commit what it itself is not entitled to commit under this Constitution or any laws passed in accordance therewith.

Section 1.03 Ministers and Employees of the Federal Council

(a) All current Members of the Federal Government shall be under obligation to disclose their assets above the certain prescribed by law.

(b) All Ministers and Employees of the Federal Government shall take the Office Oath prior to assuming their office; the Office Oath shall include the pledge of allegiance to the state of the Federal Republic of Mikenstein and obligation to uphold and abide by the Constitution of the Federal Republic of Mikenstein.

(c) All Ministers and Employees of the Federal Government knowingly or negligently acting in breach of the Constitution shall be deemed to be committing a criminal offence punishable in line with the Criminal Code.

(d) All Ministers and Employees of the Federal Government convicted of the criminal offence of acting in breach of the Constitution or of any law relevant to the position held shall cease to hold their current positions and shall no longer be eligible to hold any public office or to be employed by the Federal Government.

Article 2: Political Institutions

Section 2.01: The Legislative Power

(a) The legislative power in The Federal Republic of Mikenstein shall be vested in the Citizens of the Federal Republic of Mikenstein and the State Council of the Federal Republic of Mikenstein.

(i) The State Council shall ordinarily be in session for four weeks of every month for nine months a year.

(ii) The State Council may extend or shorten its session with a simple majority vote of the overall number of State Council Representatives.

(iii) The State Council may reconvene at any time whatsoever upon the call of the Speaker or upon request of one-quarter of the overall number of Federal Council Representatives, or of one-quarter of the overall number of Constitutional Council Representatives.

(iv) The State Council shall not be dissolved, nor shall its session be interrupted, by any other body of the Federal Government.

(v) The State Council shall consist of Federal Council and the Constitutional Council.

(vi) Bills shall be started in the Federal Council by any member, and once passed will be passed to the Constitutional Council to be review and passed. If the bill fails either stage, it cannot be enacted.

Section 2.02: Structure of Government

(a) The Federal Council shall consist of one-hundred-and-two Federal Council Representatives and the Constitutional Council shall consist of fifty-four Constitutional Council Representatives.

(i) The State Council Representatives shall not receive any remuneration for their service other than compensation for expenses incurred in their official capacity.

(ii) No Person shall hold the office of a State Council Representative whilst holding any other public office within the executive or judicial Department or Ministry of the Federal Government concurrently.

(b) The State Council Representatives shall be elected by the Citizens in a General Election held every 5 years. The Federal Council is election is held in May of one year, and then the Constitutional Council is held in the third November after that, two-and-a-half after the election for the Federal Council.

(i) The Leader of the largest Party in the Federal council will become the Minister of the Federal Council who is the Head of Government. The Minister of the Federal Council will form the Cabinet.

(ii) The Leader of the largest Party in the Constitutional council will become the President who is the Head of State. The President is the only Representative in the Constitutional Council who can propose a bill. When they do, the bill is first passed in the Constitutional Council, and then the Federal Council.

(iii) Any State Council Representative may be recalled by the Citizens with a simple majority vote in a referendum called by 5% of the overall number of Citizens registered to vote at the time of the last General Election.

(iv) Should any State Council Representative step down, a By-Election shall be held within thirty day.

(c) Either House shall, amongst themselves, elect a Speaker for their respective House with a simple majority vote of the overall number of Representatives in their House.

(i) The Federal Council Speaker shall chair the business of the Federal Council.

(ii) The Constitutional Council Speaker shall head the business of the Constitutional Council.

Section 2.03: Legislative Procedure

(a) The State Council shall have the power to pass the following types of Bills only:

(i) an ordinary Bill;

(ii) a Financial Bill;

(iii) a Treaty bill;

(iv) a Constitutional Bill.

(b) The State Council shall have the power to pass Resolutions for the following purposes only:

(i) to assent to the incorporation of any new territories to the Federal Republic of Mikenstein;

(ii) to establish a State Council Committee;

(iii) to assent to the classification of information as a state secret for the purposes of national security;

(iv) to appoint and impeach the Minister of the Federal Council;

(v) to consent to the use of the Defence force within the ten kilometre radius from the borders of the Federal Republic of Mikenstein;

(vi) to request the High Court to review the validity of any election or referendum held within the Federal Republic of Mikenstein;

(vii) to appoint and replace either State Council Speaker;

(viii) to regulate its sessions and dissolution;

(ix) to accept or reject the remainder of a Bill that has been declared partially unconstitutional;

(c) The power to initiate a legislative procedure shall lie with any Representative in the Federal Council and the President in the Constitutional Council only.

(i) A legislative procedure shall involve both Houses and both Houses debating on and passing or rejecting any Bill or Bills submitted by to the Houses.

(ii) The State Council and the Council shall be under obligation to vote on each and every Bill submitted.

(iii) Any Bill which is rejected can only be proposed once amendments have been made.

(d) Any Bill proposed to the State Council shall be voted on once only.

(i) Every Vote date shall be given seven days beforehand, and must be approved by the Speaker of the House in which the Vote will take place.

(ii) Every State Council Representative shall have the right to express his or her opinion on the proposed Bill or Resolution at least once before the vote takes place, without any time limit.

(iii) An official record shall be made of the Yeas and Nays of each and every State Council Representatives taking part in the vote.

(iv) The Bill shall be read aloud in its entirety by the State Council Speaker before it is voted on.

(e) An ordinary Bill shall pertain to any matter which is not reserved for any other type of Bills.

(i) An ordinary Bill may propose one of the following legislative objectives:

(ii) to ensure peaceful coexistence of Persons;

(iii) to secure their Property;

(iv) to safeguard their Rights;

(v) to protect Minors and Persons lacking mental capacity;

(vi) to preserve the environment and protect animals;

(vii) to establish procedures regulating the functioning of the Federal Government.

(viii) All ordinary Bills shall be passed with a majority of one half of the overall number of Representatives in each House.

(f) A Constitutional Bill shall propose an Amendment to this Constitution.

(i) All Constitutional Bills shall be passed with a majority of three-quarters of the overall number of Representatives in each House.

(ii) All Constitutional Bills shall be subject to the power of general veto by the Citizens.

(g) A Treaty bill shall propose ratification of an international treaty signed by the President.

(i) All Treaty Bills shall be passed with a majority of two-thirds of the overall number of Representatives in each House.

(ii) Should any international treaty be capable by virtue of its contents of bestowing rights upon, or creating obligations for, Persons, such rights and/or obligations shall be directly enforceable before the Courts of the Federal Republic of Mikenstein.

(iii) Where an international treaty ratified by the State Council renders The Federal Republic of Mikenstein a member of any international organisation which issues any form of legal document that purports to bestow rights upon, and/or create obligations for, Persons, directly enforceable in the domestic Courts, such legal documents shall be of no effect unless they are separately ratified each time by the State Council in the form of a Treaty Bill.

(h) The Financial Bill shall contain the provisions of the Annual Budget.

(i) The Financial Bill shall be passed with a simple majority vote in the two Houses.

(ii) The Executive Measure altering the provisions of the Annual Budget shall only be capable of reducing the spending of the Federal Government, and can only be enacted by the President.

(i) The Annual Budget shall constitute the only source of financial provisions for the Federal Government.

(i) The Annual Budget shall be financed from the Treasury maintained by the Treasury Department.

(ii) The Annual Budget shall be calculated using realistic assumptions as to the anticipated revenue so that the anticipated revenue does not exceed the actual revenue.

(iii) The size of the Annual Budget shall not exceed the previous year’s actual revenue.

(j) All ordinary Bills, Treaty Bills and Financial Bills passed by the State Council could be subject to the right of general veto by the Citizens as expressed in a referendum.

(i) Such referendum shall be triggered by the request of 5% of the overall number of Citizens registered to vote at the time of the last General Election, and shall be submitted within sixty days after the Bill was passed.

(ii) The Bill shall be deemed vetoed unless a simple majority of all Citizens taking part in the referendum vote in favour. (k) All Constitutional Bills passed by the State Council shall be subject to a mandatory referendum.

(i) The mandatory referendum shall take place within sixty days after the Bill was declared constitutional by the Supreme Court.

(ii) The Bill shall be deemed vetoed unless a majority of two-thirds of all Citizens taking part in the referendum vote “Aye”.

(l) Any Bill vetoed by the Citizens in the referendum shall be considered void.

(i) Should an ordinary Bill or a Treaty Bill be vetoed, neither it nor any substantially similar Bill shall be resubmitted to the State Council for at least two years.

(ii) Should a Constitutional Bill be vetoed, neither it nor any substantially similar Bill shall be resubmitted to the State Council for at least three years.

(m) A Bill shall become “Passed” upon passage by the State Council.

(n) A Bill shall become the law of the Federal Republic of Mikenstein, and shall be known as “Act”, once it has become “Passed”, and either sixty days have passed and no referendum has been, or on the day the Bill obtained the assent of the Citizens in referendum under.

(o) An Act shall enter into force on a date prescribed therein but no sooner than after at least thirty days from the date it became the law of The Federal Republic of Mikenstein.

Section 2.04: Minister of the Federal Council & The President

(a) The executive power in The Federal Republic of Mikenstein shall be vested in the Cabinet of the Federal Republic of Mikenstein.

(i) The Cabinet shall be presided over by the President, who shall be the Head of State.

(ii) The Cabinet shall be ran by the Minister of the Federal Council, who shall be Head of Government

(iii) The Cabinet shall be composed of the President, the Minister of the Federal Council, the Secretaries of States, Under-Secretaries of State and any other Members the Minister of Federal Council may determine.

(iv) Should the President, or Vice-President where applicable, cease to hold his or her office, all other Members of the Cabinet shall immediately cease to hold their offices.

(v) Should the President, or Vice-President where applicable, resign, the State Council shall elect a new President.

(b) Should the President become unable to perform his or her duties, the other Members of the Cabinet shall, amongst themselves, elect the Vice-President with a simple majority vote.

(i) The inability of the President to perform one’s duties shall be declared by the High Court upon request by a simple majority of all Members of the Cabinet.

(ii) The Vice-President shall perform the duties of the President until his or her return or resignation upon a Motion of No Confidence passed by the State Council.

(iii) Should the President's ability to return be in question, the Vice-President shall request the High Court to rule on the issue.

(c) The Cabinet shall secure the borders of The Federal Republic of Mikenstein and duly maintain an immigration system as prescribed by law; in foreign affairs, the Cabinet shall work towards the maintenance of international peace and seek political and economic cooperation with other Nations as far as possible.

(d) The powers of the Members of the Cabinet shall be restricted to the following only:

(i) to run day-to-day state affairs;

(ii) to initiate a legislative procedure;

(iii) to protect and promote the interests of The Federal Republic of Mikenstein worldwide;

(iv) to sign international treaties provided the High Court confirms the constitutionality of such treaties;

(v) to maintain the Treasury;

(vi) to appoint the General Prosecutor and the Attorney General;

(vii) to supervise all employees of the executive Department or Ministry of the Federal Government;

(viii) to bestow honours and awards on Persons who have achieved a great deal in service of The Federal Republic of Mikenstein and/or the idea of liberty worldwide;

(ix) to grant citizenship of the Federal Republic of Mikenstein.

(e) The Cabinet shall consist of the following Departments:

(i) Department of Justice;

(ii) Department of Internal Affairs;

(iii) Department of Security;

(iv) Department of Defence & Intelligence;

(v) Department of Foreign Affairs;

(vi) Department of Treasury.''

(f) No special Department shall be established, except with approval of all Cabinet ministers, nor shall any Department operate outside its jurisdiction.

(i) Departments may establish Agencies.

(ii) All Agencies shall be supervised by relevant Departments and no Agency shall operate outside its own jurisdiction or the jurisdiction of its Department.

(g) Each Department shall be headed by the Secretary of State for the respective Department.

(i) All Secretaries of State shall answer to the Minister of the Federal Council and shall be removable from the office by the Minister of the Federal Council at any time.

(ii) All Secretaries of State may appoint and remove up to five Under-Secretaries of State for their Departments who shall act as their deputies supervising a specific section of the work of the Department.

(h) The Attorney General shall be a Representative in the Constitutional Council and shall head the Office of the Attorney General.

(i) The Attorney General shall be appointed by the President for a term of five years.

(ii) The Attorney General shall have the power to request the High Court to issue a declaration as to the law or the Constitution of the Federal Republic of Mikenstein.

(iii) The Office of the Attorney General shall employ Attorneys who shall represent all bodies of the Federal Government in all civil proceedings.

(i) The General Prosecutor shall be independent and shall head the Office of the General Prosecutor.

(i) The General Prosecutor shall be appointed by the President for a term of five years.

(ii) The Office of the General Prosecutor shall employ Public Prosecutors.

(iii) The General Prosecutor shall be under obligation to take all available measures to ensure all public prosecutions are undertaken in good faith and in the interest of a Victim or the Citizens of the Federal Republic of Mikenstein where applicable.

(j) The Chief Crime Commissioner shall supervise the work of Law Enforcement.

(i) The Chief Crime Commissioner shall be appointed by the President for a term not exceeding five years and shall answer to the Cabinet and the President.

(ii) The Chief Crime Commissioner shall be removable from the office by the Citizens with a majority of two-thirds vote in a referendum called by 10% of the overall number of Citizens registered to vote at the time of the last General Election.

(iii) The Chief Crime Commissioner shall be under obligation to take all available measures to ensure the enforcement of law in The Federal Republic of Mikenstein by Law Enforcement is conducted in the least intrusive and most peaceful manner possible.

(k) The General Prosecutor, Attorney General and the Chief Commissioner shall not be deemed Members of the Cabinet.

(i) No Person shall hold the office of the General Prosecutor, Attorney General or the Chief Commissioner whilst holding any other public office concurrently.

Section 2.05: The Judicial Power

(a) The judicial power of The Federal Republic of Mikenstein shall be placed in the Courts of the Federal Republic of Mikenstein.

(b) The Courts of the Federal Republic of Mikenstein shall consist of the Civil Court, Criminal Court and the Supreme Court.

(c) The Courts of the Federal Republic of Mikenstein shall first protect the Rights of Citizens and other Residents of the Federal Republic of Mikenstein by upholding the Constitution and any laws passed in accordance therewith.

(d) The Judges of the Courts of the Federal Republic of Mikenstein shall be independent and shall not be removable by any other Department or Ministry of the Federal Government.

(e) The Judicial Appointment Commission shall appoint qualified lawyers for the positions of Judges of the Civil Court and the Criminal Court.

(i) The Judicial Appointment Commission shall be composed of nine members who shall hold their office for a term of five years:

1) three members appointed by the High Judge of High Court;

2) three members appointed by the Attorney General;

3) three members elected by the Citizens of the Federal Republic of Mikenstein.

(ii) The Judicial Appointment Commission shall reach its decisions with no fewer than seven votes.

(iii) No Person shall hold the office of any Judge of any Court of the Federal Republic of Mikenstein whilst holding any other public office within the legislative or executive Department or Ministry of the Federal Government concurrently.

(f) The Judicial Appointment Commission shall have the power to remove Judges of the Courts of the Federal Republic of Mikenstein from their position.

(i) The Judicial Appointment Commission shall have the power to inquire into alleged misconduct of any Judge of the Civil Court or the Criminal Court and may remove any such Judge from the office upon a proven case of gross misconduct or intentional procurement of the miscarriage of justice.

(ii) Should the Judicial Appointment Commission find evidence of any criminal conduct, it shall be passed to the Office of the General Prosecutor

(iii) The Judicial Appointment Commission shall have the power to declare any Judge of any Court of the Federal Republic of Mikenstein to be unable to continue to hold his or her office due to very poor health or old age but not before the age of seventy-five.

(g) The High Court shall be composed of four Judges of the High Court and the High Judge of the High Court who shall preside over the Court.

(i) The High Court shall at all times reach its decisions with a simple majority unless required otherwise in this Constitution.

(ii) All verdicts of the High Court shall be binding upon the parties to the proceedings and the Civil Court and the Criminal Court.

(iii) Should the office of any of the Judges of the High Court become vacant, the vacancy will be put to a public vote.

(iv) Should the office of the High Judge of the High Court become vacant, the remaining Judges shall agree, by a simple majority, who the next High Judge shall be.

(v) The High Judge or any Judge of the High Court shall nevertheless be removable from their position by the Citizens of The Federal Republic of Mikenstein with a majority of two-thirds vote in a referendum called by 10% of the overall number of Citizens registered to vote at the time of the last General Election or by the Judicial Appointment Commission as described in this Constitution.

(vi) Should any Justice or the High Judge of the High Court have any personal interest in a case before the Court, he or she shall recuse him or herself from the proceedings, in which case, his or her place shall be temporary taken by the most senior of Judges of the Civil Court and the Criminal Court who has not been involved in the case before it is heard by the Supreme Court.

(h) The High Court shall have inherent jurisdiction as prescribed in this Constitution and powers to issue warrants, injunctions and other orders as prescribed by law.

(i) The High Court shall hear appeals from the Civil Court and the Criminal Court on the point of law, material procedural irregularity or severity of sentence.

(ii) The High Court shall have inherent jurisdiction to issue declarations as to the law and Constitution of the Federal Republic of Mikenstein upon request by the Attorney General.

(iii) The High Court shall retain the power to strike down any provision of any Act as unconstitutional at any criminal or civil proceedings notwithstanding the declaration of the prima facie constitutionality; such provision shall be removed on the appeal in question and shall be deemed no longer in force at the time the verdict is given.

(iv) The High Court shall have inherent jurisdiction to review the constitutionality of all international treaties the Cabinet intends to sign and no international treaty shall be signed unless the Supreme Court, unanimously, declares the treaty to be constitutional.

(v) The High Court shall have ability to review the validity of any election or referendum upon the request of one-quarter of the overall number of State Council Representatives or 3% of the overall number of Citizens registered to vote at the time of the last General Election.

(vi) The High Court shall have inherent jurisdiction to rule on the President's ability to perform his or her duties upon request by a simple majority of all Members of the Cabinet or the Vice-President.

(i) The Civil Court shall have jurisdiction to adjudicate all disputes regarding contracts which were made within the Federal Republic of Mikenstein.

(i) The jurisdiction of the Civil Court shall not be ousted by any contract unless fair arbitration proceedings are envisaged in case of dispute.

(ii) The Civil Court shall have jurisdiction to adjudicate all disputes between Citizens or other Residents of The Federal Republic of Mikenstein and any department of the Federal Government.

(iii) The Civil Court shall have jurisdiction to adjudicate all disputes between two or more bodies of the Federal Government.

(iv) The Civil Court shall have jurisdiction to hear cases concerned with the well-being of Minors and Persons lacking mental capacity.

(v) All disputes concerning subject matter of small value as prescribed by law shall be adjudicated by one Judge whereas all other disputes shall be adjudicated by a panel of three Judges reaching a decision with a simple majority.

(vi) The Civil Court shall have the power to issue Publication Orders and other Orders in accordance with this Constitution and warrants, injunctions and other orders as prescribed by law.

(j) All administrative decisions of any Department or Ministry of the Federal Government, and actions undertaken by its employees, which are capable of directly affecting any Person, may be subject to challenge in the Civil Court by such a Person.

(k) The Victim of an alleged criminal offence shall have the inherent right to institute a Private Prosecution of an accused Person.

(i) The Private Prosecution may be instituted by the Victim in person or by appointed Proxy on their behalf.

1) Proxy may be any legal or natural Person expressly appointed by the Victim.

2) Should the Victim be a Minor or a Person lacking mental capacity, his or her Guardian shall be deemed to be a Proxy unless he or she is involved in the commission of the relevant offence in which case a Public Prosecution may be instituted.

(ii) The Victim or appointed Proxy may request the Office of the Public Prosecutor to institute a Public Prosecution free of charge on her or his behalf in which case the Office of the Public Prosecutor shall be under obligation to institute such prosecution where evidence is sufficient.

(iii) Where a Public Prosecution is instituted on behalf of the Victim or the Proxy, he or she shall have the right:

1) to be notified about the schedule of the judicial proceedings;

2) to address the Criminal Court before the sentence is determined;

3) to be advised of release from custody or escape of the defendant.

(l) All criminal offences shall be tried in the Criminal Court before a Judge with a panel of Jury to give a verdict of “Guilty” or “Not guilty”.

(i) The Jury shall be composed of twelve impartial Citizens drawn randomly from the Electoral Register.

(ii) The Jury shall determine the facts and render the verdict according to the law under the direction of the Judge.

(iii) The Jury shall deliberate and shall not be required to disclose reasons behind the verdict or be reprimanded for it.

(iv) An acquittal of a defendant by the Jury shall be final and no appeal from such a verdict shall be allowed.

(v) The Jury shall reach its decisions with no fewer than eleven votes.

(vi) Should the Jury not be able to render a verdict with eleven votes within reasonable time, the Judge shall order retrial with a newly appointed Jury; such retrial shall be considered to be a continuation of the original proceedings.

(vii) All defendants who have been convicted by the Jury shall be sentenced by the Judge as prescribed by law.

(m) Any civil and criminal proceedings shall be preceded by a Preliminary Hearing held by one Judge of the relevant Court.

(i) A defendant at a Preliminary Hearing shall enter his or her positions in relation to the claim or prosecution brought against him or her.

(ii) The Judge at a Preliminary Hearing shall have the power to issue preliminary Bail Conditions within the powers of the relevant Court which shall be reviewable at a full trial.

(iii) The Judge at a Preliminary Hearing shall review the validity of the claim or prosecution and shall dismiss the case before it proceeds to a full trial where:

1) he or she is satisfied that the claim or prosecution would be contrary to the Constitution;

(n) No Person shall have his or her physical liberty restricted unless pursuant to a decision of the Courts of the Federal Republic of Mikenstein in the following circumstances:

(i) Upon a conviction in the Criminal Court by the Jury;

(ii) Upon an Order of the Civil Court committing a Person lacking mental capacity to a mental health institution;

(iii) Upon an Order of the Civil Court providing for medical isolation of a Person suspected of being infected with any highly contagious and deadly disease;

(iv) Upon an Order of the Civil Court committing a Minor to a Supervised Care Environment;''

(o) No special commission, tribunal or court not recognised by this Constitution shall be established.

(p) All powers, and restrictions placed thereon, of the Civil Court and the Criminal Court shall equally apply to the High Court upon appeals from such Courts.

(q) All parties to any trial before any Court of the Federal Republic of Mikenstein shall be given a fair hearing

(r) Access to any Court of the Federal Republic of Mikenstein shall not be impeded by any excessive formal, financial or other requirements.

Article 3: Rights of Citizens

Section 3.01: Civil Rights

(a) Any Person who fulfils relevant requirements, as prescribed by law, shall be eligible to obtain citizenship of the Federal Republic of Mikenstein;

(i) Should a Person be born to parents of whom more than one is a Citizen of the Federal Republic of Mikenstein, he or she shall automatically be entitled to citizenship thereof;

(ii) Multiple citizenship shall be allowed;

(iii) No Citizen shall be deprived of his or her citizenship unless by the Criminal Court upon conviction for a criminal offence and as a part of punishment as prescribed by law;

(iv) No Person shall be rendered stateless in any event.

(b) All Individuals who hold citizenship of the Federal Republic of Mikenstein shall have the right to registration and Secret ballots in all elections and referendums in the Federal Republic of Mikenstein;

(i) Such registration shall be executed by entering one’s name into the Electoral Register;

(ii) Taking part in all elections and referendums shall be compulsory;

(iii) All elections and referendums shall be valid only if free from any coercion and fraud.

THE RIGHTS OF THE CITIZENRY SHALL BE PROTECTED

Section 3.02: Freedom of Speech

(a) No law shall regulate any printed materials, radio, television, the Internet or any other medium of exchange of information;

(b) No law shall abridge the freedom of thought and expression thereof; no Person shall be convicted of any criminal offence for any statement of opinion, unless the expression is offensive;

(c) All Individuals shall have the right to assemble peaceably; no law shall interfere with any voluntary relations or cooperative ventures formed by Individuals.

(d) All Citizens of the Federal Republic of Mikenstein shall have the right of free-of-charge access to information which relates to any aspect of the functioning of the Federal Government which is not classified as a state secret and in so far as it does not contain any private personal information;

THE FREEDOM OF EXPRESSION AND ACCESS TO INFORMATION SHALL BE PROTECTED

Section 3.03: Property Rights

(a) No law shall interfere with the validity and/or content of any contract made exclusively between Individuals and/or legal Persons; nor shall any law mandate or forbid any Individual to enter into contractual relations with any other Individual and/or legal Person, or any body of the Federal Government.

(b) No Person shall have his or her private property confiscated, tangible or intangible, either fully or partially, unless he or she is legally prohibited from possessing it.

(c) All Persons shall have the right to compensation for any loss caused by any Department or Ministry of the Federal Government acting pursuant to a provision of an Act which is subsequently declared unconstitutional by any Court of the Federal Republic of Mikenstein within one year;

(i) any loss caused by any Employee of the Federal Government acting contrary to the law or the Constitution, or in error, shall be personally compensated by such Employee;

1) Should said Employee not have the means to make such payment from her or his personal assets, the difference shall be met by the Federal Government, provided that the Employee shall remain liable to the Federal Government to repay such sums.

THE RIGHT TO PROPERTY AND FREEDOM OF CONTRACT SHALL BE PROTECTED

Section 3.04: Privacy Rights

(a) All private personal data collected by the Federal Government shall be used only for the purposes for which they were collected, shall be kept confidential and shared only with the express and informed consent of the all Persons to whom it relates, unless sharing such information is necessary for the performance of duties provided for under this Constitution;

(i) all Individuals whose data are stored by any body of the Federal Government other than Law Enforcement shall be entitled to obtain a copy of such data and require that they be destroyed if the purposes for which they were collected no longer apply.

(b) All Individuals shall have the right to control their own bodies;

(i) No Individual shall be subjected to any medical treatment without his or her express and informed;

(ii) Should life-saving experimental treatment become available at the time a Person is incapable of giving his or her consent, a medical practitioner shall be allowed to carry out the procedure, unless the Individual has previously expressed against said action

(c) All Persons held against their will by the Federal Government under any circumstances whatsoever shall have the right to communicate with relatives and other Persons as may be prescribed by law, in person and/or using indirect means of communication; should there be reasonable suspicion that so doing is likely to interfere with the course of justice or jeopardise the confidentiality of information classified as a state secret.

THE RIGHT TO PRIVACY AND PERSONAL DEVELOPMENT SHALL BE PROTECTED

Section 3.05: Fair Trial Rights

(a) No Person shall be convicted of any criminal offence by virtue of association with other Persons suspected or found guilty of the same or related offence;

(i) some form of active participation in such an offence must be proven before the Court;

(b) No Person shall be convicted of any criminal offence for disclosure of any information classified as state secret should that piece of information prove or could be reasonably believed to prove that any Employee of the Federal Government has breached, remains in breach of or intends to breach the law or the Constitution.

(c) All defendants in criminal proceedings shall have the right to a speedy trial and sentencing; in any event, no Person shall be convicted of a criminal offence later than a year after the detention of such Person in connection with that offence.

(d) All defendants in criminal proceedings shall have the right to attend Court proceedings, to be informed of criminal charges and of his or her rights, to compel witnesses to appear in Court for examination, and to examine all evidence gathered against him or her, including any information which has been classified as a state secret should the Prosecution wish to employ such evidence; in such cases, the proceedings shall take place behind closed doors and all Persons involved shall take an oath of secrecy for the period the relevant information remains classified.

(e) All defendants in criminal proceedings shall have the right to be presumed innocent until proven guilty;

(i) The Prosecution shall at all times carry the legal burden of proof, and must prove beyond reasonable doubt, in relation to the defendant's guilt

(f) All Persons held against their will by the Federal Government under any circumstances whatsoever shall have the right to be assisted by an effective legal counsel and an interpreter.

(g) No torture or cruel or degrading treatment shall be inflicted by any Employee of the Federal Government or under the supervision or approval thereof against any Person;

(i) Nor shall any Person be rendered to any state or group should there be a reasonable suspicion that the aforementioned may inflict such treatment on such Person;

(ii) Nor shall any experiments, medical or otherwise, be conducted against any Person without his or her express and informed consent.

(h) No evidence which has been obtained contrary to law or this Constitution shall be admitted in the Criminal Court.

THE RIGHTS OF THE DEFENDANT SHALL BE PROTECTED

Section 3.06: Physical Liberty Rights

(a) The powers of arrest in the Federal Republic of Mikenstein shall not be exercised arbitrarily but only upon probable cause that the detainee;

(i) Has committed or Is committing a criminal offence,

(ii) That he or she has been made, or is soon to be made, a subject of a Court Order regarding:

1) A medical isolation on the account of a highly contagious and deadly disease,

2) An in-house care of a Minor,

3) An institutionalisation in a mental health facility,

4) Deportation proceedings or

5) Committal to prison for a breach of a Court order.

(b) Agents of Law Enforcement executing arrests shall act openly and shall inform the detainee about the relevant rights he or she have under this Constitution and any laws passed.

(c) No Person shall be placed under arrest for more than twenty-four hours without Permission for the Courts; all Permissions for further detention shall be issued only where the accused;

(i) Constitutes a direct and grave danger to others,

(ii) Is likely to escape justice,

(iii) is likely to interfere with the investigation.

(d) Any Resident of the Federal Republic of Mikenstein without a valid right to remain shall be subject to deportation.

(e) No Person shall be detained or interrogated by any Employee of the Federal Government outside the jurisdiction of the Federal Republic of Mikenstein.

(f) No relationship amounting to slavery or any other form of involuntary servitude shall exist between any legal or natural Person and any other Person, other than community work as ordered by the Criminal Court with respect to a sentence upon conviction.

(g) No law shall restrict the free movement of any Individual within the Federal Republic of Mikenstein.

(h) All Persons arrested in error or contrary to the law or the Constitution shall have the right to fair compensation for the whole period of incarceration;

(i) all Persons placed under a valid arrest who have their charges subsequently dropped or dismissed at a Preliminary Hearing shall have the right to fair compensation for any and all days spent incarcerated from the twenty-fifth hour of detention onwards;

(ii) Persons wrongfully convicted shall have a separate right to fair compensation as prescribed by law.

THE RIGHT TO PHYSICAL LIBERTY AND FREE MOVEMENT SHALL BE PROTECTED

Section 3.07: Equality Rights

(a) No Person, or group of Persons, shall be excluded from the operation of, or granted any privilege under, any law;

(i) Nor shall any Person be denied equal protection under the law;

(ii) No marriage shall be denied based on the genders involved;

(iii) Nor shall any law be directed at any one or more identified Persons;

(iv) Nothing shall prevent the Ministers and Employees of the Federal Government and the Citizenry from enjoying certain special rights, powers and immunities as described in this Constitution.

(b) No law shall promote any religion nor shall any law impose any religious beliefs on any Person;

(i) No law shall hinder practising of any religion on any premises which do not belong to any body of the Federal Government;

(ii) No religious symbols shall be displayed on any premises belonging to any body of the Federal Government.

(c) No law shall promote any gender; nor shall any law distinguish between genders unless such distinction is necessary; all Persons shall be assigned their natural gender on birth;

(i) All Individuals shall have the right to change the gender assigned to them on birth without any excessive administrative burdens.

(d) No law shall introduce any quotas, whether based on gender, religion, race or other personal background, for any positions within any body of the Federal Government or any private business;

(i) All Persons applying for employment with the Federal Government shall be selected solely based on their merit and no other criteria shall be used; Standards of all examinations conducted by any body of the Federal Government prior to offering employment shall equally apply to all Persons regardless of gender, sexuality, religion, race or other personal background.

THE EQUALITY OF PERSONS BEFORE THE LAW SHALL BE PROTECTED

Section 3.08: Self-Defence Rights

(a) All Persons shall have the right of self-defence and/or defence of their property and constitutional Rights, and others who are under a direct and real threat, against initiators of aggression;

(b) No Person, Excepts Agents of Law Enforcement, shall have the right to own, manufacture, sell, transfer, transport, bear and use any small arms.

(c) The Territorial Defence force shall be used only to defend the borders of The Federal Republic of Mikenstein against external enemies; under no circumstances shall it be used instead of Law Enforcement against Citizens and other Residents of the Federal Republic of Mikenstein.

(d) Should the Territorial Defence force rise, it may operate within the one kilometer radius from the borders of The Federal Republic of Mikenstein upon the order of the Commander-in-Chief;

(i) The Territorial Defence force may also operate within the ten kilometer radius from the borders of The Federal Republic of Mikenstein upon the order of the Commander-in-Chief and the express and informed consent of two-thirds of the overall number of State Council Representatives in both Houses;

(ii) The Territorial Defence force shall not operate outside the ten kilometres radius from the borders of The Federal Republic of Mikenstein in any event;

(iii) Nor shall the Territorial Defence force take part in any collective international military operation whatsoever.

THE RIGHT TO SELF-DEFENCE AND DEFENCE OF ONE’S RIGHTS AND PROPERTY SHALL BE PROTECTED

Section 3.09: Interests of Vulnerable Persons

(a) No Person shall be declared to be lacking mental capacity unless by an Order issued by the Civil Court on application of a medical practitioner under relevant law;

(i) All Persons declared to be lacking mental capacity shall be appointed a Guardian by the Court and, should they pose a threat to themselves or others, may be committed to a mental health institution pursuant to a Court Order;

(ii) The relevance of any Order in such matter may be challenged by the Person concerned or his or her Guardian once in every six months.

(b) No Minor or Person lacking mental capacity shall be subjected to any medical examination and treatment without either the express and informed consent of their Guardian;

(i) In any event a Guardian's decision shall be capable of being overridden by an Order of the Civil Court issued on application by a medical practitioner where it is proved to the satisfaction of the Court that the decision in question is not in the best interest of the patient;

(ii) No Minor or Person lacking mental capacity shall be subjected to any permanent and/or harmful treatment which is not medically necessary.

(c) No Person shall have his or her child taken into care, nor shall his or her custody rights be restricted in relation to the child, unless clear and convincing evidence of serious physical or psychological abuse of the child is presented;

(d) No Minor below the age of nine shall be criminally liable for any act;

(i) No Person lacking mental capacity shall be criminally liable for any act unless it is proven to the satisfaction of the Court that he or she understood the nature of his or her actions at the relevant time.

THE INTERESTS AND RIGHTS OF MINORS AND PERSONS LACKING MENTAL CAPACITY SHALL BE PROTECTED

Article 4: Final Provisions

Section 4.01: Overriding Provisions

(a) Notwithstanding any provision of this Constitution;

(i) The Cabinet shall have the exclusive power to sign binding international treaties regulating the flow of Persons, goods, services and capital across the border of the Federal Republic of Mikenstein, and to directly enforce those treaties on the borders of the Federal Republic of Mikenstein.

(ii) The State Council shall have the power to establish rules governing;

1) The creation and interpretation of contracts and wills,

2) Insolvency of legal and natural Persons,

3) Separate legal personality of business entities.

(iii) The Federal Government shall have the power to maintain, fully public where appropriate,

1) A register of all land, its owners and charges,

2) A register of all deaths and births of Citizens and other Residents of the Federal Republic of Mikenstein,

3) A register of all incorporated business entities for the purposes of conferring upon them a separate legal personality,

4) A register of all Citizens who have been issued passports of the Federal Republic of Mikenstein,

5) A register of all Persons convicted of any criminal offence in the Federal Republic of Mikenstein,

6) A register related to immigration procedure,

7) The Electoral Register.

(b) No provision of this Constitution shall be construed as to prevent the State Council from criminalising any act or omission which does not stem from the inherent right of self-defence but amounts to any (a) physical, or constitutionally recognised form of non-physical, violence towards any Person or animal capable of conscious behaviour, or threat thereof, (b) invasion of privacy, (c) fraud, (d) direct and grave interference with enjoyment of one’s property or (e) harm to environment beyond the boundaries of one’s property.

(c) The enumeration of certain rights in this Constitution shall not be construed as to deny or disparage others retained by the Citizens and other Residents of the Federal Republic of Mikenstein.

Section 4.02: Interpretive Provisions

(a) The jurisdiction of The Federal Republic of Mikenstein shall extend to the whole territory of the Federal Republic of Mikenstein, including premises of any of its extraterritorial diplomatic missions, its airspace, territorial waters, all vehicles registered therein whilst in an international space, and any area under the overall effective control of the Territorial Defence force.

(b) The Constitution of the Federal Republic of Mikenstein shall be interpreted in good faith and literally, with due regard to the original intention.

(c) For the purposes of this Constitution, the following terms shall apply;

(i) The term “Person” shall signify any human being whatsoever;

(ii) The term “Individual” shall imply a Person of age who does not lack mental capacity and is not incarcerated for any purpose envisaged in the Constitution;

(iii) The term “Employee of the Federal Government” shall signify any Person working for any body of the Federal Government, including the Law Enforcement or anyone who is holding a public office of one of the Department or Ministries of the Federal Government

(iv) The term “Citizen” shall signify any Person holding citizenship of the Federal Republic of Mikenstein;

(v) The term “Resident” shall signify any Person within the jurisdiction of The Federal Republic of Mikenstein who is not a Citizen;

(vi) The term "law" shall signify any Act passed by the State Council.

Section 4.03: Transitional Provisions

(a) The first General Election shall be called by the Provisional Government of the Federal Republic of Mikenstein in order to elect a State Council composed of one-hundred-and-two members.

(b) Immediately following the first General Election, the President and the Minister of the Federal Council of the Provisional Government shall put forward to the State Council a draft of this Constitution of The Federal Republic of Mikenstein along with the nomination of any five Persons for the positions of the first four Justices and the High Judge of the High Court.

(c) The Provisional Government shall disband once the State Council officially ratifies the draft of the Constitution and judicial nominations or, should such draft be rejected, once another form of Government is established.

(d) The Constitution of the Federal Republic of Mikenstein shall enter into force upon the approval of a simple majority in both Houses of the State Council.

(e) The Presidential nominations for the positions of the Justices and the High Judge of the High Court shall enter into force upon the approval of the Constitution by the Houses of the State Council.

(f) All Orders of the Provisional Government and decisions of the President, Vice-Presidents and the Ministers of the Provisional Government which have been completed or otherwise fulfilled shall remain fully valid following the first General Election.