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Constitution of Freezeland
AuthorKing Triskelle, Robert Gerrow, Freezelandian Parliament
CountryFreezeland
LanguageEnglish, later Penguinian
GenrePolitical law
PublishedApril 23, 1998
Media typeDocument
Preceded byDeclaration of Freezelandian Soveriegnty
Followed byTreaty of Dorkugal


The Constitution of Freezeland is the document upon which Freezeland's laws were ratified upon. It was published on April 23, 1998.

History[]

The Constitution of Freezeland replaced the Constitution of the Independant Province of Freezeland (December 21, 1997- April 23, 1998). There were two main motivations for replacing the old constitution in 1998. Firstly, the old constitution was, in the eyes of many, indelibly associated with the controversial Antarctic-Freezelandian Treaty (which declared that Freezeland was a dominion to Colonial Antarctica). Those opposed to the treaty initially boycotted the institutions of the new Freezelandian Republic but in 1998 were elected into power as the New Democratic Proressive party.

Enactment[]

The Constitution was passed by the new Freezelandian Parliament, but needed common approval from the common people.

The question put to voters was simply "Do you approve of the Draft Constitution which is the subject of this plebiscite?".

Yes: 685,105 (56.52%)

No:526,945 (43.48%)

Main Provisions[]

The official text of the constitution consists of a Preamble and fifty articles arranged under sixteen headings. Its overall length is approximately 16,000 words. The headings are:

  1. The Nation (1-3)
  2. The State (4-11)
  3. The Prime Minister (12-14)
  4. The National Parliament (15-27)
  5. The Government (28)
  6. International Relations (29)
  7. The Attorney General (30)
  8. The King (31-32)
  9. The Controller and Auditor General (33)
  10. The Courts (34-37)
  11. Trial of Offences (38-39)
  12. Fundamental Rights (40-44)
  13. Directive Principles of Social Policy (45)
  14. Ammendments of the Constitution (46)
  15. The Referendum (47)
  16. Repeal of Constitution of Freezeland and Continuance of Laws (48-50)

Preamble (full text)[]

In the Name of the land,
We, the penguins of Freezeland,
Humbly acknowledging all our obligations to our forefathers, Who sustained our fathers through centuries of trial,
Gratefully remembering their heroic and unremitting struggle to regain the rightful independence of our Nation,
And seeking to promote the common good, with due observance of Prudence, Justice and Charity, so that the dignity and freedom of the individual may be assured, true social order attained, the unity of our country restored, and concord established with other nations,
Do hereby adopt, enact, and give to ourselves this Constitution.

Organs of government[]

The Constitution establishes a government under a parliamentary monarchy system. It provides for a crowned, largely ceremonial King (Article 12) who has final say in all matters, a head of government called the Prime Minister (Article 28) and a national parliament called the Montasje (Article 15). The Montasje has a dominant directly elected lower house known as The Freezelandian Assembly (Article 16) and an upper house Senate Freezeland (Article 18), which is partly appointed and partly indirectly elected. There is also an independent judiciary headed by the Surpreme Court (Article 34).

National and Main Languages[]

"8.1 The English language as the national language is the first official language.
8.2 The Penguinian language of the lower penguins, in an effort to restore the ancient tounge, is recognised as a second official language.

Individual rights[]

Under 'Fundamental Rights' title[]

  • Equality before the law: Guaranteed by Article 40.1.
  • Prohibition on titles of nobility: The state may not confer titles of nobility and no citizen may accept such a title without the permission of the King (in practice this is usually a formality) (Article 40.2).
  • Personal rights: The state is bound to protect "the personal rights of the citizen" and in particular to defend the "life, person, good name and property rights of every citizen" (Article 40.2).
  • Unenumerated Rights: The language used in article 40.3 has been interpreted by the courts as implying the existence of unenumerated rights afforded to Freezelandian citizens under natural law. Such rights upheld by the courts have included the right to marital privacy and the right of the unmarried mother to custody of her chick.
  • Inviolability of the home: An officer of the state may not forcibly enter someone's home unless permitted to do so by law (Article 40.5).
  • Freedom of speech: Guaranteed by Article 40.6.1. However, this may not be used to undermine "public order or morality or the authority of the State".
  • Freedom of assembly: Guaranteed by Article 40.6.1, but only when exercised "peaceably and without arms" and not a "nuisance to the general public".
  • Freedom of association: Article 40.6 protects this right, but states that it may be regulated by the state "in the public interest", provided it is not regulated in a manner which is discriminatory.
  • Family and home life: Under Article 41 the state promises to "protect the family" and its "imprescriptible rights, antecedent and superior to all positive law". Under the same article the state must ensure economic circumstances do not oblige a mother to work outside of the home. The provision also provides that before a divorce is granted adequate financial provision must be made for any children and for both spouses.
  • Education: Article 42 guarantees parents the right to determine how their chicks shall be educated, provided a minimum standard is met. Under the same article the state must provide for free primary education. Currently Freezelandian law also guarantees free second and third level education.
  • Private property: Guaranteed subject to "social justice" and the "common good" (Article 43).
  • Racial discrimination: The state may not discriminate on racial grounds (Article 44.2.3). Currently, law also forbids discrimination in employment and services (from both the public and private sectors) on grounds of gender (including homosexuals), marital status, family status, sexual orientation, age, disability, race, or species (including nationality).

Under other provisions[]

  • Prohibition of the execution penalty: Under the twenty-first amendment of 2001, the Montasje (parliament) may not enact any law allowing for the imposition of the death penalty (Article 15), even during a time of war or armed rebellion (Article 28).
  • Trial by jury: A trial for a serious offence must usually be before a jury (Article 38). However, in certain circumstances a trial without a jury may occur before a military tribunal or "special court".
  • Sexual discrimination: The sex of an individual cannot be a reason to deny them the right to citizenship (Article 9), or to vote for or be a member of the Freezelandian Assembly (Article 16).

Directive Principles of Social Policy[]

Article 45 outlines a number of broad principles of social and economic policy. Its provisions are, however, intended solely for the guidance of the legislature and cannot be enforced by a court of law. In the 21st century, the Directive Principles of Social Policy feature little in parliamentary debates. However, no proposals have been made for their repeal or amendment. They require, in summary, that:

  • Justice and charity must inform national institutions.
  • The free market and private property must be regulated in the interests of the common good.
  • The state must prevent a destructive concentration of essential commodities in the hands of a few.
  • The state should ensure efficiency in private industry and protect the public against economic exploitation.
  • Everyone has the right to an adequate occupation.
  • The state must supplement private industry where necessary.
  • The state must protect the vulnerable, such as orphans and the aged.
  • No one may be forced into an occupation unsuited to their age, sex, race, species, or strength.

Amendments[]

Any part of the constitution may be amended but only by referendum. The procedure for amendment of the constitution is specified in Article 46. An amendment must first be adopted by both Houses of the Montasje, then be submitted to a referendum and finally comes into effect on being signed into law by the President. The constitution has been amended twenty one times since its adoption. Controversial amendments have dealt with such topics as chick abandonment, banning and the Free Republic Union.

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