Constitution of the Virtual Commonwealth of Cyberia

	Sign In Sign-Up

Remember to press "Refresh" to get the most recent version of this document.
Constitution of the Virtual Commonwealth of Cyberia

Article 1 Suffrage and Elections

1.1 RIGHT TO VOTE Everyone who is a citizen for the 28 days before election day has the right to vote.

1.2 DISQUALIFICATIONS No person may vote who has been convicted of treason and not yet been pardoned or who is serving a sentence of imprisonment or who is a criminal fugitive. No person may vote who has been judicially determined to be of unsound mind unless the disability has been removed.

1.3 ELECTORAL CODE The National Assembly must pass an electoral code prescribing:
1.3.1 corrupt practices;
1.3.2 the timing of general elections;
1.3.3 an election process including a nominations deadline;
1.3.4 a process for challenging the result of an election according to law;
and
1. 3.5 such other matters as seem necessary.

1.4 METHOD OF VOTING The deputies, senators and president must be elected by the single, transferable vote.

1.5 SECRET BALLOT Secrecy of voting must be preserved.

1.6 ELECTORAL COMMISSIONER The President must appoint an Electoral Commissioner subject to legislative confirmation.

1.6.1 The Electoral Commissioner must be independent, and subject only to the Constitution and the law, and they must be impartial and must exercise their powers and perform their functions without fear,
favour or prejudice.

1.6.2 The Electoral Commissioner may not hold any elective office; an Electoral Commissioner who nominates for such an office is deemed to
have resigned.

1.6.3 No-one may interfere with the functioning of the Electoral Commissioner.

1.6.4 The Electoral Commissioner is accountable to the National Assembly, and must report on their activities and the performance of their functions to the Assembly at least once a year.

1.6.5 The Electoral Commissioner must -

1.6.5.1 assist the President in administering the census and be kept
informed by the President of all census information;
1.6.5.2 conduct federal, provincial and local elections;
1.6.5.3 ensure that those elections are free and fair; and
1.6.5.4 declare the results of those elections within a period that must be as short as reasonably possible.

1.6.6 The actions of the Electoral Commissioner are subject to judicial review by the Supreme Court

1.6.7 The Electoral Commissioner is subject to impeachment, in addition the Supreme Court may suspend the Electoral Commissioner for proven misbehaviour on the application of the National Assembly, the President, or the head of any political party.

1.6.8 In this Constitution 'elector' means a citizen who is eligible to vote and has registered as an elector.

1.7 ELECTION CHALLENGES The procedure for determining election contests must include a right of appeal to the courts.

1.8 GENERAL ELECTIONS General elections must be held on the first Saturday in January, April, July and October in every year, but the month and day may be changed by law. Voting must continue for 48 hours and no longer.

1.9 NONVOTERS Every elector who does not vote in a regular general election must show reasonable cause for not voting to the Electoral Commissioner within 21 days or forfeit their citizenship by operation of law.

1.10 SPECIAL ELECTION A special election may be called by the President or by the National Assembly. The President and the National Assembly must face election within 21 days when a special election is called. The term of office of a candidate elected at a special election is the remainder of the unexpired term and commences on Election Day.

Article 2 Direct Democracy

2.1 INITIATIVE, REFERENDUM AND RECALL The Cyberian people may propose and enact laws by the initiative, and approve or reject acts of the National Assembly by the referendum. The Cyberian people may also remove their elected representatives by the recall.

2.2 APPLICATION An initiative or referendum is proposed by an application containing the bill to be initiated or the act to be referred. The application must be signed by not less than 3 electors as sponsors, and must be filed with the Electoral Commissioner, who must if it is in proper form so certify. Denial of certification is to be subject to judicial review.

2.3 PETITION After certification of the application, a petition containing a summary of the subject matter must be prepared by the Electoral Commissioner for circulation by the sponsors. If signed by electors, equal in number to 20 per cent of those who voted in the preceding federal election and resident in at least half of the Provinces and Territories of the Commonwealth, it may be filed with the Electoral Commissioner.

2.4 INITIATIVE ELECTION An initiative petition may be filed at any time. The Electoral Commissioner must prepare a ballot title and proposition summarising the proposed law, and must place them on the ballot for the first federal election held more than 21 days after the filing. If, before the election, substantially the same measure has been enacted, the petition is void.

2.5 REFERENDUM ELECTION A referendum petition may be filed only within 14 days after the act was passed. The Electoral Commissioner must prepare a ballot title and proposition summarising the act and must place them on the ballot for the first federal election held more than 21 after days the filing.

2.6 ENACTMENT If a majority of the votes cast on the proposition favour its adoption and that majority is equal to at least 60% of the number who voted in the preceding federal election, the initiated measure is enacted, otherwise it is rejected.

2.6.1 The Electoral Commissioner must certify the election returns.

2.6.2 An initiated law becomes effective 7 days after certification, is not subject to veto, and may not be repealed by the National Assembly within 6 months of its effective date. It may be amended at any time.

2.6.3 An act rejected by referendum is void 7 days after certification.

2.6.4 Additional procedures for the initiative and referendum may be prescribed by the electoral code.

2.7 RESTRICTIONS.

2.7.1 The initiative must not be used to dedicate revenues, make or repeal appropriations, create courts, define the jurisdiction of courts or prescribe their rules, or enact local or special legislation.

2.7.2 The referendum must not be applied to dedications of revenue, to appropriations, to local or special legislation, or to laws necessary for the immediate preservation of the public peace, health, or safety.

2.8 RECALL Recall is the power of the electors to require a special election for the National Assembly or the President.

2.8.1 Recall is initiated by delivering to the Electoral Commissioner a petition alleging reason for recall. Sufficiency of reason is not reviewable. Proponents have 10 days to file signed petitions.

2.8.2 A petition to recall a President must be signed by electors equal in number to 25% percent of the the electors.

2.8.3 A referendum to determine whether to hold a special election must happen not less than 20 days nor more than 30 days after the date of certification that the petition has sufficient signatures.

2.8.4 If a majority of all the electors vote on the question is to recall, the special election must be held not less than 20 days nor more than 30 days after the date of certification that the recall has passed.

2.8.5 The governor of an organised province may be recalled in the same manner as the president on the petition of 25% of the electors in that province.

2.9 REFERENDUM ON LEGISLATION Any bill rejected by the National Assembly may be submitted to referendum by the President, either in its original form or with such amendments which were considered by the National Assembly as the President may direct. If any bill is vetoed and the veto is sustained, it may be submitted to referendum by a majority of all the members of the National Assembly. Bills submitted to referendum must be voted on at the next general election occurring at least 21 days after action is taken to submit them, unless the National Assembly provides for their submission at an earlier date.

Article 3 Charter of Rights

3.1 EQUALITY Everyone is equal before the law. Any discrimination based on any ground such as sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation is prohibited. 3.2 HABEAS CORPUS The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public safety may require it.

3.3 CONSENSUAL ACTS No adult person may be prohibited by law from engaging in consensual acts with other adults unless they physically harm the person or property of nonconsenting others.

3.4 CORPORATE STATUS No provision of this Constitution guaranteeing the individual rights and liberties of citizens of Cyberia shall be construed to apply to any other than natural persons. Corporations and other artificial, legal entities are specifically excluded from such Constitutional protections except that the electronic and print media and political organisations shall be guaranteed the right to freedom of speech and of expression and churches and other religious organisations shall be guaranteed the right to freedom of religion. Other than in the case of these two, specific exceptions, corporations shall be considered creatures of the law and shall be subject to whatever regulations or restrictions the legislative body issuing their charters shall deem appropriate to promote the public good.

3.5 FREEDOM OF EXPRESSION AND ASSEMBLY The government shall make no law abridging or restricting freedom of speech, expression or assembly.

3.6 FREEDOM OF RELIGION The government shall make no law respecting any establishment or belief of religion, including any law favouring or disfavouring religion in any manner. The government shall make no law prohibiting the free, non governmental exercise of religion.

3.7 RIGHT TO BEAR ARMS The government shall make no law abridging the rights of adult citizens of sound mind and lawful character to lawfully own and bear arms, requiring citizens to quarter soldiers, or restricting the rights of citizens to petition the government for redress of grievances.

SEARCHES AND SEIZURES 3.8 Everyone has the right to be secure in their persons, houses and other property, papers, and effects, against unreasonable searches and seizures. No warrants may 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.

3.9 DUE PROCESS All persons shall be guaranteed due process of law in all criminal and administrative procedures. No person shall be compelled to incriminate him or herself in any criminal or administrative proceeding. The government shall not restrict the right to own private property and shall not take the property of any person without offering just compensation therefore.

RIGHT TO JUSTICE
3.9.1 Everyone has the right to the observance of the principles of natural justice by any court or other public authority which has power to determinate their rights, obligations, or interests according to law.

3.9.2 Everyone whose rights, obligations, or interests according to law have been affected by a determination of any court or other public authority has the right to apply, in accordance with law, for judicial review of that determination.

3.9.3 Everyone has the right to bring or defend civil proceedings against the Commonwealth, and to have those proceedings heard according to law in the same way as civil proceedings between individuals.

3.9.4 PRESUMPTION OF INNOCENCE Everyone charged with a criminal offence has the right to be presumed innocent until proven guilty according to law in a public trial at which they have all the guarantees necessary for their defence

3.10 TRIAL BY JURY Any person accused of crimes shall be guaranteed a speedy and fair trial by a jury of his/her peers, information of the nature and cause of the accusation, the right to confront his/her accusers in a court of law and the right to present a defence with the effective assistance of counsel. In suits at common law, where the value in controversy shall exceed 1000 Cyberian lira, the right of trial by jury must be preserved, and no fact tried by a jury may be otherwise re-examined in any court in Cyberia, than according to the rules of the common law.

3.11 CRIMINAL PUNISHMENT Excessive bail and fines shall not be imposed and there shall be an absolute prohibition on cruel and unusual punishments, including, but not limited to, the death penalty.

3.12 FREEDOM OF REPRODUCTION The right of a woman to obtain an abortion shall not be abridged by the government nor shall the government make any law abridging the right to marry or procreate or to utilise methods of contraception.

3.13 FREEDOM FROM SLAVERY Neither slavery nor involuntary servitude (the exception being punishment for a crime committed) shall exist in Cyberia. No person shall be forced or drafted into serving in the armed forces of Cyberia or any Province against his/her own will.

3.14 FREEDOM OF POLITICAL CHOICES Every citizen is free to make political choices, which includes the right:

3.14.1 to form a political party or register as an independent;

3.14.2 to participate in the activities of, or recruit members for, a political party; and

3.14.3 to campaign for a political party or cause.

3.15 SUBSIDIARITY All powers not delegated to the Commonwealth by the Constitution, nor prohibited by it to the Provinces, shall be reserved to the Provinces, or to the people.

3.16 APPLICATION OF RIGHTS The rights guaranteed by this constitution apply to all tiers of government in this Commonwealth. The National Assembly may enforce this article by appropriate legislation.

3.17 TREASON. Treason against the Commonwealth consists only in levying war against it, or in adhering to its enemies, giving them aid and comfort. No person may be convicted of treason, unless on the testimony of two witnesses to the same overt act, or on confession in open court.

3.18 SEDITION Sedition against the Commonwealth consists only in attempting by force to overthrow or destroy the Government of the Commonwealth, or to levy war against the same, or to oppose by force the authority thereof, or by force to prevent, hinder, or delay the execution of any law of the Commonwealth, or by force to seize, take, or possess any property of the Commonwealth.

3.19 PROHIBITED GOVERNMENTAL ACTION. No bill of attainder or ex post facto law may be passed. No law impairing the obligation of contracts, and no law making any irrevocable grant of special privileges or immunities may be passed. No conviction may work corruption of blood or forfeiture of estate.

RIGHT TO THE INTEGRITY OF THE PERSON 3.20 Everyone has the right to respect for their physical and mental integrity.

3.21 In the fields of medicine and biology, the following must be respected in particular:

- the free and informed consent of the person concerned, according to the procedures laid down by law,

- the prohibition of eugenic practices, in particular those aiming at the selection of persons,

- the prohibition on making the human body and its parts as such a source of financial gain,

- the prohibition of the reproductive cloning of human beings.

3.22 RIGHT TO KNOW No person may be deprived of the right to examine documents or to observe the deliberations of all organs of state of this Commonwealth and its political subdivisions, except in cases in which the demand of individual privacy or national security clearly exceeds the merits of public disclosure.

Article 4 Legislative Branch

4.1 LEGISLATIVE POWER The legislative power of the Commonwealth is delegated to the National Assembly.

4.2 EXTENT OF LEGISLATIVE POWER The National Assembly may make laws:

4.2.1 to lay and collect taxes, duties, imposts, and excises, but all duties, imposts, and excises shall be uniform throughout Cyberia;

4.2.2 to pay the debts and provide for the common defence and general welfare of Cyberia;

4.2.3 to borrow money on the credit of Cyberia;

4.2.4 to regulate commerce;

4.2.5 to establish uniform rules of naturalisation, marriage, and bankruptcies;.

4.2.6 to regulate the value of and issue the Cyberian currency;

4.2.7 to provide for the punishment of counterfeiting the securities and currency of Cyberia;

4.2.8 to promote the progress of science and useful arts;

4.2.9 to define and punish piracy;

4.2.10 to declare war and peace, grant Letters of Marque and Reprisal, and make rules concerning the acquisition of new territories and waters;

4.2.11 to make rules regarding the raising, supporting, and governing of armed services;

4.2.12 to charter the creation of inferior federal courts or to vest federal jurisdiction in provincial courts;

4.2.13 to provide for the government of the Federal District of Cyberia;

4.2.14 to grant citizenship to those who apply for it;

4.2.15 and to make all laws which shall be necessary and proper for carrying into execution the foregoing powers.

4.4 NATIONAL ASSEMBLY The National Assembly consists of deputies elected by the people of the Commonwealth, voting as a single electorate. The number of deputies must be determined by dividing the number of electors on the day the election is called by 3, unless a different quota is provided by law; the effective date of such a law is always the next legislative election after the law is passed.

4.5 MEMBERS' QUALIFICATIONS Deputies must be Cyberian citizens.

4.6 ELECTION AND TERMS Deputies must be elected by the people of the Commonwealth. Their terms begin on the day of their election unless otherwise provided by law. The legislative term is 3 months.

4.7 VACANCIES A vacancy in the National Assembly must be filled for the unexpired term as provided by law.

4.8 QUALIFICATIONS Every elector who is not a judge is eligible to the National Assembly.

4.9 IMMUNITIES No civil or criminal proceedings may be instituted against a deputy for words spoken before, or written in a report to, the National Assembly or a committee thereof or by reason of any matter or thing submitted by a deputy by petition, bill, resolution, motion or otherwise.

Any act or omission which obstructs or impedes the National Assembly in the performance of its functions, or which obstructs or impedes any deputy or officer of the assembly in the discharge of their duties or affronts the dignity of the assembly, or which tends either directly or indirectly to produce such a result is a legislative contempt.

Where a legislative contempt is an offence under the criminal law, the exercise by the National Assembly of the power to punish for contempt does not bar the institution of proceedings under the criminal law.

4.10 COMMITTEES The National Assembly may establish committees necessary for the conduct of its business, including committees to ascertain facts and make recommendations to the assembly on a subject within the scope of legislative control.

4.11 RULES The National Assembly must make rules of procedure by legislative act or otherwise, but the rules are not subject to veto by the President.

4.12 OFFICERS The assembly must elect and its officers. The speaker (including anyone acting as speaker) must be a deputy. The assembly may remove any of its officers.

4.13 EXPULSIONS The assembly may expel a deputy by supermajority, and must keep a journal of its proceedings.

4.14 QUORUM A majority of the deputies is a quorum to do business, but a smaller number may adjourn from day to day and may compel attendance of absent deputies.

4.15 FORFEITURE A deputy who fails to vote or post on any question before the National Assembly for 28 days forfeits their seat by operation of law.

4.16 FORM OF BILLS Every bill must be confined to one subject unless it is an appropriation bill or one codifying, revising, or rearranging existing laws. Bills for appropriations must be confined to appropriations. The subject of each bill must be expressed in the title. The enacting clause must be: "Be it enacted by the National Assembly of the Commonwealth of Cyberia."

4.17 PASSAGE OF BILLS The National Assembly may establish the procedure for enactment of bills into law. No bill may become law without an affirmative vote of a majority of deputies. The ayes and nays on final passage must be entered in the journal.

4.171 SUPERMAJORITY A bill or resolution which requires a supermajority must, on its final passage, receive the affirmative votes of more than half of all the deputies; and the affirmative votes of at least two-thirds of those voting (abstentions not being counted).

4.18 VETO The President may veto bills passed by the National Assembly. They may, by veto, strike or reduce items in appropriation bills. They must return any vetoed bill, with a statement of objections, to the house of origin.

4.19 ACTION UPON VETO Upon receipt of a veto message, the National Assembly must reconsider passage of the vetoed bill or item. Vetoed bills become law by a supermajority of the combined members of the National Assembly. The vote on reconsideration of a vetoed bill must be entered on the journal.

4.20 BILLS NOT SIGNED A bill becomes law if the President neither signs nor vetoes it within 14 days after its delivery to him.

4.21 EFFECTIVE DATE Laws passed by the National Assembly become effective seven days after enactment. The National Assembly may, by supermajority, provide for another effective date.

4.22 IMPEACHMENT All officers of the Commonwealth are subject to impeachment by the National Assembly. The motion for impeachment must list fully the basis for the proceeding. Trial on impeachment must be conducted by the National Assembly. A supreme court justice designated by the court must preside at the trial. A supermajority of deputies is required for a judgment of impeachment. The judgment may not extend beyond removal from office, but does not prevent proceedings in the courts on the same or related charges.

4.23 CONSTITUTIONALITY AND SEVERABILITY The Supreme Court has original, final and conclusive jurisdiction to determine the constitutionality of a law made by the National Assembly, and every such law is, to the extent of its inconsistency with this Constitution and not otherwise, void and of no effect.

4.24 PUBLIC RECORDS All proceedings of the National Assembly are a matter of public record.

4.25 CLOSED MEETINGS There must be no closed meetings unless deemed necessary by a supermajority of the National Assembly for matters of national security.

4.26 LEGISLATIVE PARTICIPATION Any citizen (including the President, the Chief Justice, the other judges, and any member of the Cabinet who is not a member of the National Assembly) may attend, may speak in the Assembly, and may introduce bills, but may not vote.

4.27 WITNESSES (1) Every person (other than a public officer) summoned to give evidence or to produce any document before the National Assembly or its committees is entitled, in respect of their evidence, or the production of such document, to the same privileges as if they were appearing before a court.

(2) Every public officer must give any evidence or produce any document required by a deputy before the National Assembly unless the Speaker certifies that production of the document is injurious to the public interest or prejudicial to national security.

(3) An answer to a question in the National Assembly is not admissible in evidence against them in any civil or criminal proceedings out of the assembly, save proceedings for perjury or legislative contempt brought under the criminal law.

Article 5 - Executive Branch

5.1. EXECUTIVE POWER. The executive power of the Commonwealth is delegated to the President.

5.2. PRESIDENTIAL QUALIFICATIONS. Everyone who voted in the 2 regular general elections preceding a presidential election is eligible to the Presidency.

5.3. ELECTION. The President must be elected by the Cyberian people.

5.4 TERM OF OFFICE The presidential term is two terms of the National Assembly.

5.5. LIMIT ON TENURE. purposely left blank

5.6. DUAL OFFICE HOLDING. The President may not hold any other office or position of profit under the Commonwealth or its political subdivisions.

5.7. VACANCY If the presidency becomes vacant there must be a special election within 28 days.

5.10 ACTING PRESIDENT When the President is absent from Cyberia or otherwise unable to fulfil the duties of President, or during a vacancy in the office of President, the order of temporary succession as acting president is:
5.101 The Deputy President.
A Minister designated by the President.
A Minister designated by the Cabinet.
The Speaker, until the National Assembly designates one of its other members.

5.102 An Acting President has the responsibilities, powers and functions of the President.

5.11 DEPUTY PRESIDENT The President must appoint the Deputy President, subject to legislative confirmation. The Deputy President must head a department and otherwise assist the President in the execution of the functions of government.

5.12 CABINET The Cabinet consists of the President, as head of the Cabinet, a Deputy President and Ministers.

5.122 The President appoints the Deputy President and Ministers, assigns their powers and functions by executive order, and may dismiss them.

5.123 When a presidential election is held, the Cabinet, the Deputy President, and any Ministers remain competent to function until the person elected President assumes office.

5.13. ABSENCE. If for a period of 14 days, the President has been continuously absent from office or unable to discharge the office by reason of mental or physical disability, the office must be deemed vacant.

5.14. JURISDICTION The Supreme Court has original, exclusive and final jurisdiction to determine any question concerning the qualifications, election, absence or disability of the President.

5.15. COMPENSATION. The compensation of the President must be prescribed by law and must not be diminished during their term of office, unless by general law applying to all salaried officers of the Commonwealth.

5.16. PRESIDENT'S AUTHORITY. The President is responsible for the faithful execution of the law and may, by appropriate court action or proceeding brought in the name of the Commonwealth, enforce compliance with any constitutional or legislative mandate, or restrain violation of any constitutional or legislative power, duty, or right by any officer, department, or agency of the Commonwealth or any of its political subdivisions. This authority must not be construed to authorise any action or proceeding against the National
Assembly.

5.17 CONVENING NATIONAL ASSEMBLY. Whenever the President considers it in the public interest, they may convene the National Assembly.

5.18. MESSAGES TO NATIONAL ASSEMBLY. The President must, at the beginning of each session, and may at other times, give the National Assembly information concerning the affairs of the Commonwealth and recommend the measures they consider necessary.

5.19. MILITARY AUTHORITY. The President is commander-in-chief of the armed forces of the Commonwealth and may call out these forces to execute the laws, suppress or prevent insurrection or lawless violence, or repel invasion. The President, as provided by law, must appoint all general and flag officers of the armed forces of the Commonwealth, subject to confirmation by a majority of the members of the National Assembly in joint session. He must appoint and commission all other officers.

5.20 EXECUTIVE BUDGET The President must submit a proposed budget to the National Assembly before the first day of January each year. The budget of the previous year (adjusted for inflation and changes in the population of the Commonwealth) continues in force until the budget for the current year is enacted.

5.21 MARTIAL LAW. The President may proclaim martial law when the public safety requires it in case of rebellion or actual or imminent invasion. Martial law must not continue for longer than 7 days without the approval of an absolute majority of the members of the National Assembly in joint session. Each measure taken in terms of a proclamation of martial law must be immediately reported to the National Assembly and is subject to legislative disallowance within 7 days.

5.22 VIRTUAL AUTHORITY The President is webmaster-in-chief of the Commonwealth and must maintain the website of the Commonwealth.

5.23 FOREIGN RELATIONS The relations of the Commonwealth with foreign powers are determined by the President. Treaties concluded with foreign micronations must, however, be approved by a supermajority of the National Assembly if they contain provisions which conflict with the Constitution or the laws. Decisions concerning war and peace must be made by the President with the consent of a supermajority of the National Assembly.

5.24 EXECUTIVE CLEMENCY. Subject to procedure prescribed by law, the President may grant pardons, commutations, and reprieves, and may suspend and remit fines and forfeitures. This power must not extend to impeachment. A parole system must be provided by law.

5.25 EXECUTIVE BRANCH. All executive and administrative offices, departments, and agencies of the Commonwealth and their respective functions, powers, and duties must be allocated by law among and within not more than twelve principal departments, so as to group them as far as practicable according to major purposes. Regulatory, quasi judicial, and temporary agencies may be established by law and need not be allocated within a principal department. This section does not apply to members of the presidential staff.

5.26 REORGANIZATION. The President may make changes in the organization of the executive branch or in the assignment of functions among its units. Where these changes require the force of law, they must be set forth in executive orders. The National Assembly has 14 days to disallow these executive orders.

5.27 SUPERVISION. Each principal department is under the supervision of the President.

5.28 APPOINTMENTS. The head of each principal department must be a single minister unless otherwise provided by law and must be appointed by the President, subject to confirmation by a majority of deputies, and must serve at the pleasure of the President. Judges, ambassadors and other officers of the Commonwealth are appointed by the President subject to confirmation by a majority of the Senate. Members of the presidential staff are appointed by the President alone. All officers appointed under this section must be citizens of the Commonwealth.

5.29 BOARDS AND COMMISSIONS. When a board or commission is at the head of a principal department or a regulatory or quasi-judicial agency, its members must be are appointed in the same manner as the Ministers and may be removed as provided by law. They must be citizens of the Commonwealth. The board or commission may appoint a principal executive officer when authorised by law, but the appointment must be subject to the approval of the President.

5.30 TEMPORARY APPOINTMENTS. The President may make a temporary appointment to an office subject to legislative confirmation when the officer is absent from Cyberia or otherwise unable to fulfil their duties, or during a vacancy in the office. A temporary appointment must be identified as such and its duration must be specified in the instrument of appointment. A temporary appointment to an office which is subject to presidential dismissal may be terminated by the President. Any temporary appointment may be terminated by the National Assembly.

Article 6 - Judicial Branch

6.1 JUDICIAL POWER AND JURISDICTION. The judicial power of the Commonwealth is vested in a supreme court and the courts established by the National Assembly.

6.2 SUPREME COURT. The Supreme Court is a court of record and the highest court in the nation. It consists of the chief justice and 2 associate justices. The number of associate justices may be increased by law. Each justice is a member of both the trial division and the appellate division, except that sessions of the trial division must be held by one justice. No justice may sit with the appellate division in a case they heard in the trial division. At least 2 justices must hear and decide appeals. Decision is by a majority of those sitting.

6.3 NOMINATION AND APPOINTMENT. The president must fill any judicial vacancy subject to confirmation by the National Assembly.

6.4 APPROVAL OR REJECTION. Each judge is, in the manner provided by law, subject to approval or rejection on a nonpartisan ballot at the first general election held more than 3 months after their appointment. Thereafter, each judge is subject to approval or rejection in a like manner at the first general election in every third year.

6.5 VACANCY. The office of any judge becomes vacant 15 days after the election at which they are rejected by a majority of those voting on the question, or for which they do not nominate to to succeed themself.

6.6 RULES The Supreme Court shall promulgate their own rules, subject to disallowance within 14 days by the National Assembly.

6.7 APPELLATE JURISDICTION The appellate division of the Supreme Court may review cases heard in the federal courts, and cases heard in provincial courts if they require interpretation of this Constitution, federal law, or a treaty. If a provincial constitution permits or if a province does not maintain independent courts of justice, the appellate division of the Supreme Court may review other cases on appeal from the highest provincial court.

6.8 SUPERVISORY JURISDICTION When a case in a provincial or local court involves a substantial question requiring the interpretation of the Constitution, federal law, or a treaty, on application of a party or on its own motion the court must certify the question to the appellate division of the Supreme Court. The appellate division of the Supreme Court may decide the case or remand it for further proceedings.

6.9 ORIGINAL JURISDICTION The trial division of the Supreme Court has original and exclusive jurisdiction in cases affecting officials of foreign governments, disputes between provinces or between provinces and the Commonwealth, admiralty and maritime cases, treason and sedition against the Commonwealth.

6.10 CONCURRENT JURISDICTION The federal courts, including the trial division of the Supreme Court, have concurrent original jurisdiction in cases arising under this Constitution; federal law or treaties; under territorial laws; and in disputes between a province and a citizen of another province, between citizens of different provinces, and between a province or citizen, and a foreign state, citizen, or subject.

6.11 ASSIGNMENT OF CONCURRENT JURISDICTION Concurrent jurisdiction may be vested in any federal or provincial court by law.

6.12 COMMON LAW The Commonwealth of Cyberia is a common law nation and all common law doctrines and precedents from Great Britain, the United States, and Australia shall have full force of law and precedent in all Courts in Cyberia unless specifically abrogated by statute or court decisions.

All decisions of the United States Supreme Court relating to those portions of the United States Constitution incorporated by reference into the Cyberian Constitution shall have full force of law and precedent in all Courts in Cyberia unless specifically abrogated by statute or Supreme Court decision.

6.13 JUDICIAL QUALIFICATIONS Judges must be citizens of the Commonwealth, learned in the law, and possess any additional qualifications prescribed by law.

6.14 COMPENSATION. Judges must receive compensation as prescribed by law. Compensation of judges must not be diminished during their terms of office, unless by general law applying to all salaried officers of the Commonwealth.

6.15 RESTRICTIONS. Judges while holding office may not practice law, hold office in a political party, or hold any other office or position of profit under the Commonwealth or its political subdivisions without the consent of the National Assembly. Any judge filing for another elective public office forfeits their judicial position.

6.16 COURT ADMINISTRATION. The chief justice is the administrative head of all federal courts and may assign judges from one court or division thereof to another for temporary service.

6.17 ACTING JUDGES The National Assembly may provide that acting judges may be appointed to hold any courts the judge of which is unable or unwilling to attend or sit, or to hear any cause in which the judge may be disqualified.

6.18 WRITS AND PROCESS All writs and other process must run in the name of the Virtual Commonwealth of Cyberia and bear test and be signed by the respective judges. Indictments must conclude, 'against the peace and dignity of the Commonwealth.'

INTERPRETATION 6.19.1 When interpreting any provision of this Constitution or a legislative act, and when developing the common law or customary law, every court, tribunal or forum must promote the purpose and objects of the Charter of Rights.

16.19.2 When interpreting any provision of this Constitution or a legislative act, every court, tribunal or forum must prefer a construction that promotes the purpose or object underlying the provision (whether that purpose or object is expressly stated or not) to a construction that would not promote that purpose or object.

Article 7 Provincial Government

701 OBJECT. The object of this article is to provide for maximum provincial self-government with a minimum of provincial government units.

702 PROVINCIAL POWERS. A province may exercise all legislative powers not prohibited by this Constitution or federal law or by charter.

703 PROVINCES. The entire Commonwealth (except for the Federal District of Cyberia) must be divided into provinces, organised or unorganised. To be classed as an organised province, a province must comprise at least 3 Cyberian electors, a current website and an active government. Methods by which provinces may be organised, merged, or dissolved must be prescribed by federal law.

704 LEGISLATURE. The legislature of each organised province must comprise all electors in that province.

705 EXECUTIVE The governor of each organised province must be elected by and from the electors in that province, must be subject to impeachment and recall and the term of office for governor must not be longer than 6 months although re-election is permitted.

706 JUDICIARY The courts of each organised province must comprise independent magistrates.

707 UNORGANISED PROVINCES. The National Assembly must provide for the performance of services it deems necessary or advisable in unorganised Provinces, allowing for maximum provincial participation and responsibility. It may exercise any power or function in an unorganised province which the legislature may exercise in an organised province.

708 CHARTERS. The electors in any province may adopt, amend, or repeal a charter in a manner provided by federal law.

709 AGREEMENTS; TRANSFER OF POWERS. Agreements, including those for co-operative or joint administration of any functions or powers, may be made by any provincial government with any other provincial government or the Commonwealth.

710 PROVINCIAL FORCES A Province must not, without the consent of the National Assembly, raise or maintain a defence force. The president may assume command of any provincial defence or police force in terms of a declaration of martial law.

711 CONFLICT OF LAWS When a provincial charter, law or agreement is inconsistent with this Constitution or federal law, the latter must prevail, and the former is, to the extent of the inconsistency, invalid. The federal law must be within the legislative power of the Commonwealth to prevail.

712 IMMUNITIES No federal deputy or officer is subject to criminal proceedings in any provincial court without the consent of the National Assembly.

Article 8 General
801 SUPREMACY OF CONSTITUTION This Constitution is the supreme law of Cyberia; law or conduct inconsistent with it is invalid, and the obligations imposed by it must be fulfilled.

802 AMENDMENTS. The National Assembly may propose amendments to this constitution by supermajority. The electoral commissioner must prepare a ballot title and proposition summarising each proposed amendment, and must place them on the ballot for the next general election.

803 CALL BY NATIONAL ASSEMBLY. The National Assembly may call constitutional conventions by supermajority.

804 CALL BY REFERENDUM. If a constitutional convention is not held during any 2 years, the electoral commissioner must place on the ballot for the next general election the question: "Shall there be a Constitutional Convention?" If a majority of the votes cast on the question are in the negative, the question need not be placed on the ballot until the end of the next 2 years.

805 CALL BY INITIATIVE A referendum for a constitutional convention may be called by the initiative.

806 CONSTITUTIONAL CONVENTION If a majority of the votes cast on the question are in the affirmative and not less than 60% of the number of electors, the convention must meet forthwith. Every citizen (including the president and the judges) who is qualified to vote is a member of the convention unless they choose not to participate. The electoral commissioner must issue the call for the convention.

807 POWERS. Constitutional conventions have plenary power to amend or revise the constitution, subject only to ratification by the people. Constitutional conventions elect their own president and determine their own procedures. Any amendment or revision requires, on final passage, a majority of all the members of the convention.

808 RATIFICATION An amendment or revision requires a majority of the People. The popular vote must not be less than 60% of the number of electors. Unless otherwise provided in the amendment, it becomes effective 14 days after the declaration of the result by the electoral commissioner or (if the decision of the commissioner is appealed) the Supreme Court.

809 LIMITATIONS The republican form of government is not subject to amendment. A bill of attainder may not be passed in the form of a constitutional amendment nor may the charter of rights be suspended with respect to any citizen or group of citizens.

810 FIRST CONVENTION The first constitutional convention must meet on 1 June 2003.