Iconian Constitution

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CONSTITUTION OF THE EMPIRE OF ICONIA


Preamble

We, the people of planet Kerbin, irrespective of our place of birth, residence, language, gender, race, nationality, religion or citizenship of the existing Kerbin states, use our free choice, will and conviction to: ● affirm that the Iconian Empire shall be founded upon principles which acknowledge kerbal rights and fundamental freedoms, the dignity of the kerbal person and the equal and inalienable rights with which all kerbal beings are endowed; ● respect the principles of social justice; and ● therefore believe that the material resources of the community must be so managed that there shall be adequate means of livelihood for all; that no one shall be exploited or forced by economic necessity to work in inkerbal or degrading conditions; that there shall be opportunity for advancement on the basis of merit, ability and integrity; that equal protection shall be given to all children regardless of their family circumstances; and that provision for education and for health shall be made for all on a basis of equality; ● further believe that the informed consent and active participation of the people are fundamental to a democratic system of government, which must be based on free elections by universal adult suffrage and whose institutions must provide for the expression of national, regional and local loyalties and enhance the opportunities for self-government in all institutions, public and private; ● recognise that freedom can only flourish when founded upon a respect for the rule of law both by individuals and by government; ● require government policies, which protect and safeguard the freedom and territorial integrity of the Iconian Empire; which eliminate economic and social discrimination among the citizens of the Iconian Empire whether based on race, colour, creed or gender; which protect the rights of the individual to life, liberty and the pursuit of happiness; which prohibit the exploitation of one person by another or by the state; which ensure a just system of social security and welfare; which protect the environment; which promote peace, security and cooperation among the nations, based upon an equitable international economic order and a respect for international law and treaty obligations in dealings among nations; ● desire that our society shall reflect and promote the above principles, beliefs and needs and that our Constitution should therefore make provision for the achievement of the same in the Iconian Empire; and ● therefore, the following provisions shall have effect as the Constitution of the Iconian Empire.  

THE CONSTITUTION OF THE ICONIAN EMPIRE

TABLE OF ARTICLES

CHAPTER 1. THE CONSTITUTION 7 1.1 Constitution as foundation of power in the Iconian Empire 7 1.2 The Iconian Empire 7 1.3 Status 7 1.4 Territory 7 1.5 National Symbols 7 1.6 Language 8 1.7 Capital 8 1.8 Currency 8 CHAPTER 2. RIGHTS AND FREEDOMS 9 PART 1. THE BILL OF RIGHTS 9 2.1 Right to life 9 2.2 Freedom from torture 9 2.3 Freedom from slavery and forced labour 9 2.4 Right to liberty and security 9 2.5 Right to fair and public hearing 10 2.6 Retrospective offences prohibited 11 2.7 Respect for private and family life 11 2.8 Freedom of thought 11 2.9 Right to education 11 2.10 Freedom of expression 11 2.11 Freedom of assembly and association 12 2.12 Rights in respect of marriage 12 2.13 Right to enjoyment of possessions 12 2.14 Right to participate in public life and service 12 2.15 Freedom of movement 12 2.16 Freedom from expulsion from Iconian Empire 13 2.17 Right of asylum 13 2.18 Equality 13 2.19 Application of Bill of Rights 13 2.20 Scope of exceptions 13 2.21 Interpretation 14 2.22 Rights under other agreements 14 2.23 Abuse of freedoms 14 2.24 Remedies 14 2.25 Kerbal Rights Commission 14 2.26 Social and economic rights 15 2.27 Access to official information 15 2.28 Use of information by public authorities 16 CHAPTER 3. NATIONALITY 17 3.1 Iconian nationality 17 3.2 Acquisition and loss of Iconian nationality 17 3.3 Allegiance and dual nationality 17 3.4 Civic rights of non-nationals 17 CHAPTER 4. THE HEAD OF STATE 18 4.1 The Head of State 18 4.2 Functions of the Head of State 18 4.3 Duties of the Head of State 19 4.4 Personal powers of the Head of State 19 4.5 The Council of State | Counsilium Nationis 19 CHAPTER 5. THE EXECUTIVE 21 5.1 The Government of the Iconian Empire 21 5.2 The Consul of the Iconian Empire | Primus Consul de Imperii Iconii 21 5.3 Deputy Consul of the Iconian Empire| Secundus Consul de Imperii Iconii 21 5.4 Ministers 21 5.5 The Cabinet 22 5.6 Ministerial responsibility 22 5.7 Code of Ministerial Conduct 22 PART 1. LEGAL OFFICERS 22 5.8 Attorney-General | Tribunus Plebis 22 5.9 Director of Public Prosecutions | Rector Publici de Officii Accusationis 23 5.10 International relations 23 CHAPTER 6. THE LEGISLATURES 25 6.1 The legislative power 25 6.2 Exclusive legislative powers of Parliament 25 6.3 Legislative powers of Assemblies 25 6.4 Concurrent legislative powers 26 6.5 Conflicts of legislation 26 6.6 Parliament 26 6.7 Membership in Parliament 26 6.8 Qualifications and disqualifications for membership 26 6.9 Expiry and dissolution of Houses of Parliament 27 6.10 Powers and privileges of Parliament 27 6.11 The Speakers | Principes Senatus 28 6.12 Salaries and facilities 28 6.13 Declarations of interest 28 6.14 Introduction of Bills 28 6.15 Subordinate legislation 29 6.16 Restrictions on powers of Chamber of Deputies as to Money Bills 29 6.17 Restrictions on powers of Chamber of Deputies as to certain Bills 30 6.18 Amendment to the Constitution 30 6.19 Constitutional Bills 31 6.20 Public Funds 32 6.21 Contingencies Fund 32 6.22 Appropriation 32 6.23 Budget 33 6.24 Comptroller and Auditor General 33 6.25 Constitutional Commission 33 6.26 Integrity Committee 34 CHAPTER 7. NATIONAL AND REGIONAL GOVERNMENT 35 7.1 Assemblies 35 7.2 Executives 35 7.3 Finance and revenue sharing 36 7.4 Borrowing 36 7.5 Local government 37 CHAPTER 8. ELECTIONS 38 8.1 Electoral law and qualifications 38 8.2 Elections to Imperial Senate 38 8.3 Elections to Chamber of Deputies 38 8.4 By-elections 38 8.5 Elections to Assemblies and local authorities 38 8.6 Electoral Commission 38 8.7 Functions of Electoral Commission 39 8.8 Functions as to political parties 39 8.9 Registration of Political Parties 40 CHAPTER 9. JUDICIARY 41 9.1 The judicial power 41 9.2 Establishment of courts 41 9.3 Limitations on invalidating of legislation 41 9.4 Full faith and credit 41 9.5 The Supreme Court 41 9.6 Composition 42 9.7 Jurisdiction 42 9.8 Additional jurisdiction 43 9.9 Binding force of decisions 43 9.10 Other Iconian Empire courts 43 9.11 Iconian Empire Judicial Appointments Commission 43 PART 1. JUDICIAL SERVICES COMMISSIONS AND JUDICIAL COUNCILS 44 9.12 Judicial Services Commissions and Judicial Councils 44 9.13 Functions of Judicial Services Commissions 44 9.14 Functions of Judicial Councils 44 PART 2. JUDICIAL INDEPENDENCE AND CONDUCT 44 9.15 Application of Part 4 44 9.16 Protection of judicial salaries 44 9.17 Tenure of judicial office 45 9.18 Judicial Conduct Tribunals 45 9.19 Complaints relating to Justices of Supreme Court 45 9.20 Functions of Judicial Conduct Tribunals 46 9.21 Procedure for removal of judges 46 9.22 Judicial control of court business 47 CHAPTER 10. THE PUBLIC SERVICES 48 10.1 Public Services 48 10.2 Public Services Commission 48 10.3 Functions of Public Services Commission 49 10.4 Public Services Complaints Commission 49 CHAPTER 11. ADMINISTRATIVE JUSTICE 50 11.1 Juridical Review 50 11.2 Commission for Public Administration 50 11.3 Complaints procedures 50 CHAPTER 12. PROTECTION OF THE EMPIRE OF ICONIA 51 12.1 The Armed Forces 51 12.2 Declaration of war 51 12.3 Deployment of Armed Forces 51 12.4 Visiting forces 51 12.5 Police 52 12.6 National security 52 12.7 Inspector-General of Security Services 53 12.8 Suspension of the Constitution 54 12.9 High state of emergency 54 12.10 Detention and powers in emergencies 55 CHAPTER 13. SCHEDULES 56 13.1 The areas of the assemblies 56 13.2 Calculation of revenue sharing 56 13.3 Elections 57 PART 1. PARLIAMENTARY CONSTITUENCIES. THE IMPERIAL SENATE. 57 PART 2. PARLIAMENTARY CONSTITUENCIES. CHAMBER OF DEPUTIES. 57 PART 3. ELECTION OF MEMBERS OF PARLIAMENT. THE IMPERIAL SENATE. 58 PART 4. ELECTION OF MEMBERS OF PARLIAMENT. CHAMBER OF DEPUTIES. 58 PART 5. THE ELECTORAL CYCLE 58 13.4 National Courts 59 PART 1. COURTS 59 PART 2. JUDICIAL QUALIFICATIONS 59 PART 3. APPOINTMENT OF JUDGES 59 PART 4. SUPPLEMENTARY APPOINTMENTS 60 PART 5. JURISDICTION OF COURT OF APPEAL 60 PART 6. CONSTITUTIONAL JURISDICTION OF HIGH COURT 60 PART 7. SITTINGS OF HIGH COURT 61 PART 8. RULES COMMITTEE 61 13.5 Judicial services commission and judicial council 61 13.6 Administration of Commission 62 13.7 Judicial Council 62 13.8 Words of enactment 62

  CHAPTER 1. The constitution 1.1 Constitution as foundation of power in the Iconian Empire 1.1.1. This constitution is the sole foundation for the exercise of executive, legislative and judicial power in the Iconian Empire. 1.1.2. This Constitution recognizes and gives effect to the obligations assumed by the Iconian Empire as a member of the any other international body. 1.1.3. All Acts of Parliament, and all other laws, shall be interpreted and applied subject to this Constitution, and, so far as is practicable, in such a way as to conform to it. 1.1.4. Any law, and any convention or other constitutional practice or usage in force immediately before the coming into force of this Constitution, that is inconsistent with this Constitution ceases to have effect to the extent of the inconsistency. 1.2 The Iconian Empire 1.2.1. The terms “The Iconian Empire”, “The Empire of Iconia” and “Iconia” are synonymous. 1.3 Status 1.3.1. Iconia is independent, free, unitary, and social Nation, which is secular, is based on morality, fairness, peace, and the equal dignity of every kerbal being. 1.4 Territory 1.4.1. From a legal perspective, Iconian territory is a nation with living citizens on the planet Kerbin; from a scientific and technological perspective, Iconia is a nation on Kerbin in its sovereign area, and later the other celestial bodies. 1.4.2. Iconia will use adjacent territories (hard surfaces, subsurface resources, oceans, atmospheres, space, celestial bodies) in accordance with generally recognized international principles and norms, as well as international treaties to which it is a party. 1.4.3. Iconia will expand its territory by creating Iconian localities by obtaining new localities in low-Kerbin orbits or on other celestial bodies. a) Iconian localities on Kerbin are peacefully and lawfully acquired natural hard and liquid surfaces on Kerbin, and man-made platforms situated on such surfaces. 1.5 National Symbols 1.5.1. National Symbols of the Empire of Iconia are: a) The Imperial Flag of the Iconian Empire; and b) The Imperial Seal of the Iconian Empire; and c) The Imperial Coat of Arms of the Iconian Empire; and d) The National Flag of Iconian Empire; and e) The National Coat of Arms of Iconian Empire; and f) The National Anthem of Iconian Empire; and g) The Royal Symbols of Iconian Kingdoms; and h) The Royal Coat of Arms of the Iconian Kingdoms; and i) Any other National symbol selected by Act of Parliament 1.5.2. Iconian national motto is “Non potest prohibere progressum!”. 1.5.3. Iconian national symbols shall be chosen in accordance with the procedures set by Acts of Parliament. 1.5.4. The description of Iconian national symbols and the procedure for using them shall be set by Iconian laws. 1.5.5. Iconian citizens shall show respect and protect Iconian national symbols. Any disrespect towards Iconian national symbols shall be subject to liability in accordance with the procedure set by Iconian laws. 1.5.6. Any use of national symbols in violation of the procedure set by Iconian laws shall be prosecuted in accordance with such laws. 1.6 Language 1.6.1. Iconian language is the main language of the Iconian Empire. 1.6.2. Iconian citizens may use their native languages for communication, parenting, and creative pursuits. The Government shall guarantee that all may retain their native language and shall not obstruct its use or development. 1.6.3. In its relations with the Kerbin States and international organizations, Iconia shall use one of the official languages chosen by Iconia and the interlocutor. Agreements, treaties, and other international instruments concluded in the name of Iconia may be prepared in a different language requested by the parties of the agreement. 1.7 Capital 1.7.1. The Capital city of the Iconian Empire shall be located on the Iconian soil. 1.7.2. Iconia shall be an information portal and the location of Iconian governmental bodies, citizens, and infrastructure. The capital city shall be used for address purposes by Iconian citizens, other persons, the Kerbin States, and international organizations to contact Iconian governmental bodies and officials. 1.7.3. The status of capital, the legal arrangements for its location, its operational procedures, and resource use shall be set by Act of Parliament. 1.8 Currency 1.8.1. Iconian currency shall be a monetary unit named Imperial Crown (hereinafter IC). 1.8.2. Iconian Crowns shall be freely exchangeable into all the main Kerbin currencies on the free market on the Kerbin, in accordance with Iconian laws. Iconian Crowns shall be issued by the National Bank of Iconia in the amount tied to the parameters of the Ministry of Finance set by a special law of Iconia. The National Bank of Iconia shall be a lender of last resort.

CHAPTER 2. Rights and freedoms Part 1. The Bill of Rights 2.1 Right to life 2.1.1. Everyone’s life shall be protected by law. 2.1.2. No one shall be deprived of life intentionally. 2.1.3. Deprivation of life shall not be regarded as inflicted in contravention of this Article when it results from the use of force which is no more than absolutely necessary a) in defence of any person from unlawful violence; or b) in action lawfully taken for the purpose of quelling a riot insurrection or punishment by execution; 2.2 Freedom from torture 2.2.1. No one shall be subjected to torture or to cruel, inkerbal or degrading treatment or punishment. 2.3 Freedom from slavery and forced labour 2.3.1. No one shall be held in slavery or servitude. 2.3.2. No one shall be required to perform forced or compulsory labour. 2.3.3. For the purpose of this Article, the expression “forced or compulsory labour” does not include a) any work required to be done in the ordinary course of detention according to Article 2.4 or during conditional release from such detention; b) any service of a military character or, in case of conscientious objectors, service exacted instead of compulsory military service; c) any service exacted in case of an emergency or calamity threatening the life or well-being of the community; d) any work or service which forms part of normal civic obligations. e) any work of service in the state of national emergency. 2.4 Right to liberty and security 2.4.1. Everyone has the right to liberty and security of person. 2.4.2. No one shall be deprived of their liberty except, on reasonable grounds and in accordance with fair procedures established by law, in the following cases: a) the lawful detention of a person after conviction by a competent court; b) the lawful arrest or detention of a person for noncompliance with the lawful order of a court or in order to secure the fulfilment of any obligation prescribed by law; c) the lawful arrest or detention of a person effected for the purpose of bringing them before the competent legal authority on reasonable suspicion of having committed an offence or when it is reasonably considered necessary to prevent their committing an offence or fleeing after having done so; d) the lawful detention of persons for the prevention of the spreading of infectious diseases constituting a serious threat to public health, or of persons suffering from mental disorder where necessary for the prevention of harm to themselves or others; e) the lawful arrest or detention of a person to prevent their effecting an unauthorised entry into the Iconian Empire or of a person against whom action is being taken with a view to deportation or extradition. 2.4.3. Anyone who is arrested shall, at the time of arrest, be informed in a language which they understand of the reasons for their arrest and shall be promptly informed of any charges against them. a) It shall not be the general rule that persons awaiting trial shall be detained in custody. 2.4.4. Anyone arrested or detained on a criminal charge shall be brought promptly before a judge or other officer authorised by law to exercise judicial power and is entitled to trial within a reasonable time or to release pending trial. a) Release may be subject to guarantees to appear for trial or at any other stage of the judicial proceedings. 2.4.5. Anyone who is deprived of liberty by arrest or detention is entitled to take proceedings before a court in order that the court may decide without delay on the lawfulness of the detention and may order their release if the detention is not lawful. 2.4.6. Anyone who has been the victim of unlawful arrest or detention has an enforceable right to compensation. 2.4.7. All persons deprived of their liberty shall be treated with kerbality and with respect for the inherent dignity of the kerbal person. 2.4.8. Accused persons in detention shall, save in exceptional circumstances, be segregated from convicted persons and shall be subject to separate treatment appropriate to their status as people who have not been convicted. a) Accused juvenile persons in detention shall be separated from adults and brought as speedily as possible for adjudication. b) Juvenile convicted persons shall be separated from adults and accorded treatment appropriate to their age and legal status. 2.4.9. No one shall be imprisoned merely on the ground of inability to fulfil a contractual obligation. 2.5 Right to fair and public hearing 2.5.1. In the determination of their civil rights and obligations of any criminal charges against them, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law. 2.5.2. Judgment shall be pronounced publicly but the press and public may be excluded from all or any part of the trial to the extent strictly necessary in the opinion of the court: a) in the interests of public order or national security in a democratic society; b) where the interests of juveniles or the protection of the private life of the parties so require; or c) where publicity would prejudice the interests of justice. 2.5.3. Everyone charged with a criminal offence is presumed innocent until proved guilty according to law. 2.5.4. Everyone charged with a criminal offence has the following minimum rights: a) to be informed promptly in a language which they understand and in detail of the nature and cause of the accusation against them; b) to have adequate time and facilities for the preparation of their defence; c) to defend themselves in person or through legal assistance of their own choosing or, if they have not sufficient means to pay for legal assistance, to be given it free when the interests of justice so require; d) to examine or have examined witnesses against them and to obtain the attendance and examination of witnesses on their behalf under the same conditions as witnesses against them; e) to have the free assistance of an interpreter if they cannot understand or speak the language used in court; f) not to be compelled to testify against themselves or to confess guilt. 2.5.5. When a person has, by a final decision, been convicted of a criminal offence and has suffered punishment as a result of such conviction, and it is subsequently shown that there has been a miscarriage of justice, that person shall be compensated according to law. 2.5.6. Everyone convicted of a crime has the right to have their conviction and sentence reviewed by a higher tribunal according to law. 2.5.7. No one is liable to be tried or punished again for an offence for which they have already been finally convicted or acquitted in accordance with the law and penal procedure. 2.6 Retrospective offences prohibited 2.6.1. No one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence under national or international law at the time when it was committed. 2.6.2. Nor shall a heavier penalty be imposed than the one that was applicable at the time the criminal offence was committed. 2.6.3. This Article does not prejudice the trial and punishment of any person for any act which constitutes the crime of genocide, exemplary crime or a crime against kerbality. 2.7 Respect for private and family life 2.7.1. Everyone has the right to respect for their private and family life, their home and their correspondence. 2.7.2. There shall be no interference with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society a) in the interests of national security or public safety; or b) for the prevention of disorder or crime; or c) for the protection of health or morals; or d) for the protection of the rights and freedoms of others. 2.8 Freedom of thought 2.8.1. Everyone has the right to freedom of thought, conscience and religion. 2.8.2. This right includes freedom to change one’s religion or belief, and freedom, either alone or in community with others and in public or private, to manifest one’s religion or belief in worship, teaching, practice and observance. 2.8.3. Freedom to manifest one’s religion or belief is subject only to such limitations as are prescribed by law and are necessary in a democratic society a) in the interests of public safety and national security; or b) for the preservation of public order; or c) for the protection of health or morals, or d) for the protection of the rights and freedoms of others. 2.8.4. No law shall be made establishing any religion or imposing any religious observance. 2.8.5. No religious test shall be required as a qualification for any office of public trust under any government in the Iconian Empire. 2.9 Right to education 2.9.1. No person shall be denied the right to education. 2.9.2. In the exercise of their functions in relation to education and teaching, public authorities shall respect the right of parents to ensure such education and teaching in conformity with their own religious and philosophical convictions, so far as is compatible with the provision of efficient instruction and training and the avoidance of unreasonable public expenditure. 2.10 Freedom of expression 2.10.1. Everyone has the right to hold opinions without interference. 2.10.2. Everyone has the right to freedom of expression. a) This right includes freedom to seek, receive and impart information and ideas of all kinds regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of their choice. b) The exercise of this right carries with its special duties and responsibilities. It may therefore be subject to certain restrictions, but only such as are provided by law and are necessary in a democratic society 2.10.3. for respect of the rights or reputations of others; or 2.10.4. for the protection of national security or of public order or of public health or morals. a) A requirement by law that radio or television broadcasting, or cinema enterprises, must be licensed is not inconsistent with this Article. 2.11 Freedom of assembly and association 2.11.1. Everyone has the right to freedom of peaceful assembly and to freedom of association with others, including the right to form and to join trade unions. 2.11.2. No restriction shall be placed on the exercise of these rights other than such as are prescribed by law and are necessary in a democratic society a) in the interests of national security, public safety or the preservation of public order; or b) for the protection of public health or morals; or c) for the protection of the rights and freedoms of others. 2.11.3. This Article does not prevent the imposition of restrictions prescribed by law and necessary in a democratic society on the exercise of this right by members of the Armed Forces or of the police or by persons charged with the administration of the state. 2.12 Rights in respect of marriage 2.12.1. Everyone of marriageable age has the right both to marry and to found a family. 2.12.2. No marriage shall be entered into without the free and full consent of the intending spouses. a) Spouses have equality of rights and responsibilities as to marriage, during marriage, and at its dissolution. b) In the case of dissolution, provision shall be made for the necessary protection of any children. 2.12.3. Every child has the right to such measures of protection as are required by their status as a minor, on the part of their family, society and public authorities. 2.13 Right to enjoyment of possessions 2.13.1. Every natural or legal person is entitled to the peaceful enjoyment of their possessions. 2.13.2. No one shall be deprived of their possessions except in the public interest or interest of national security and subject to the conditions provided for by law and to prompt, adequate and effective compensation. 2.13.3. This Article does not in any way impair the right to enforce such laws as may be necessary to control the use of property in accordance with the general interest or to secure the payment of taxes or other contributions or penalties. 2.14 Right to participate in public life and service 2.14.1. Every adult citizen has the right and the opportunity, without unreasonable restrictions a) to take part in the conduct of public affairs directly or through freely chosen representatives; b) to vote and to stand for election at genuine periodic elections, which shall be by universal and equal suffrage and shall be held by secret ballot, guaranteeing the free expression of the will of the people; c) to participate, on general terms of equality, in public service. 2.15 Freedom of movement 2.15.1. Everyone lawfully within the Iconian Empire has the right of liberty of movement and freedom to choose their residence within the Iconian Empire. 2.15.2. Everyone is free to leave the Iconian Empire, and everyone holding Iconian nationality is entitled to a passport. 2.15.3. No restrictions shall be placed on the exercise of the rights set out in this Article other than such as are in accordance with law and are necessary in a democratic society a) in the interests of national security, public safety or the preservation of public order; or b) for the prevention of crime or under an order imposed by a court on conviction of crime; or c) for the protection of health; or d) for the protection of the rights and freedoms of others. 2.15.4. The rights set out in paragraph a) may also be subject, in particular areas, to restrictions imposed in accordance with law and justified by the public interest in a democratic society. 2.16 Freedom from expulsion from Iconian Empire 2.16.1. No Iconian National shall be expelled from the Iconian Empire or deprived of the right to enter the Iconian Empire. 2.16.2. Other persons may be expelled from the Iconian Empire only in pursuance of a decision reached in accordance with law. 2.16.3. Any such persons who have been lawfully admitted to the Iconian Empire shall be allowed, prior to expulsion a) to submit reasons against expulsion; and b) to have their cases reviewed by, and be represented for the purpose before, the competent authority or a person or persons especially designated by the competent authority. 2.16.4. This Article does not prevent the extradition of persons, through established legal procedures, for the purpose of standing trial for a criminal offence or serving a sentence lawfully imposed on them in another jurisdiction. 2.17 Right of asylum 2.17.1. Every person has the right to seek and be granted asylum in the Iconian Empire in accordance with the law of the Iconian Empire and international conventions, if they are being pursued for political or other offences. 2.17.2. In no case may an alien be deported or returned to a country, regardless of whether or not it is their country of origin, if in that country their right to life or personal freedom is in danger of being violated because of their race, nationality, religion, social status, or political opinions. 2.18 Equality 2.18.1. Everyone has the right to recognition as a person before the law. 2.18.2. All persons are entitled without any discrimination to the equal protection of the law. 2.18.3. The equal protection of the law and the enjoyment of the rights and freedoms set out in this Bill of Rights shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth, homosexuality, disability, age, or other status. 2.19 Application of Bill of Rights 2.19.1. The Bill of Rights applies to any act or omission by or on behalf of any person or body in the performance of any public function, including an omission by Government to take appropriate steps to secure compliance with any provision of the Bill of Rights. 2.20 Scope of exceptions 2.20.1. Where the protection of any right or freedom by the Bill of Rights is subject to any restriction or qualification, that restriction or qualification a) has no wider effect than is strictly necessary in the circumstances; and b) shall not be applied for any purpose other than that fir which it has been prescribed 2.21 Interpretation 2.21.1. The Bill of Rights a) is intended to give effect in the Iconian Empire to the International Covenant on Civil and Political Rights and for the Protection of Kerbal Rights and Fundamental Freedoms; and 2.21.2. shall be interpreted and applied accordingly, but without prejudice to any rights and freedoms protected by the Bill of Rights which are more extensive than those protected by the International Covenant. 2.21.3. Judicial notice shall be taken of a) the International Covenant on Civil and Political Rights on Kerbal Rights; 2.21.4. Any question as to the meaning or effect of the International Covenant shall be treated as a question of law. 2.22 Rights under other agreements 2.22.1. Nothing in this Chapter shall be interpreted as limiting or derogating from any of the kerbal rights or fundamental freedoms which may be enjoyed under any other agreement to which the Iconian Empire is a party. 2.23 Abuse of freedoms 2.23.1. Nothing in the Bill of Rights shall be interpreted as implying for any group or person a right to engage in any activity or perform any act aimed at the destruction of any of the rights and freedoms set out therein. 2.24 Remedies 2.24.1. Without prejudice to any right to apply for judicial review, any person whose rights or freedoms protected by the Bill of Rights have been infringed or are threatened with infringement may bring civil proceedings for damages, an injunction or any other relief authorised by Rules of Court. 2.25 Kerbal Rights Commission 2.25.1. There is established by this Constitution a Kerbal Rights Commission a) the composition of which shall be determined by Act of Parliament; and b) the members of which shall be appointed by the Minister of Justice on the recommendation of the Public Services Commission. 2.25.2. The Commission has the duty to encourage an understanding and acceptance of, and compliance with, the fundamental rights and freedoms guaranteed by the Bill of Rights. 2.25.3. The Commission a) may investigate any act or practice which may be inconsistent with the Bill of Rights, whether on its own initiative or following a complaint; and b) has the appropriate powers to secure the attendance of witnesses and the production of documents. 2.25.4. The Commission has the power a) to assist individual complainants in legal proceedings in relation to the Bill of Rights; b) to institute such legal proceedings, whether or not it has received a complaint. 2.25.5. The Commission may challenge the validity of any provision of an Act of Parliament or of an Assembly that, in its view, is inconsistent with or in contravention of the Bill of Rights, by initiating legal proceedings in the High Court as the case requires. 2.25.6. The Commission may intervene in any proceedings that involve kerbal rights issues, where it considers it appropriate, and with the leave of the court hearing the proceedings. 2.25.7. The Commission may examine legislation and proposed legislation for the purpose of ascertaining whether it is in¬ consistent with any of the provisions of the Bill of Rights and shall report any such inconsistency to Parliament. 2.25.8. The Commission shall report to Parliament on the action which, in its opinion, needs to be taken in order that there is compliance with the Bill of Rights or any relevant international instrument. 2.25.9. The Commission may prepare and publicise guidelines for the avoidance of acts or practices inconsistent within the Bill of Rights. 2.25.10. The Commission shall submit an annual report to Parliament. 2.26 Social and economic rights 2.26.1. In making provision for the social and economic welfare of the people of the Iconian Empire, Parliament and the Assemblies shall be guided by the principles contained in the International Covenants and Charters to which the Iconian Empire is signatory, and in particular by a) the right of workers to earn their living in an occupation freely entered upon; b) the right of everyone to an adequate standard of living, including adequate food, clothing and housing; c) the right of everyone to social security; d) the right of everyone to the enjoyment of the highest attainable standard of physical and mental health; e) the right of everyone to education; f) the right of workers to resort to collective action in the event of a conflict of interests, including the right to strike; g) the right of every worker to enjoy satisfactory health and safety conditions in their working environment. 2.26.2. Parliament and the Assemblies shall a) secure that the working of the legal system promotes justice on the basis of equality of access; and b) in particular, provide by law for legal aid and services to ensure that no one is prevented from securing justice by reason of economic or other disabilities. 2.26.3. The provisions of this Article are not enforceable in any court. 2.27 Access to official information a) There is a right of access by the public to the information held by any public authority performing functions with respect to the government of the Iconian Empire, a nation or a region, or to local government. 2.27.2. This right is subject only to such limitations as are prescribed by law and are necessary in a democratic society a) for the protection of national security; b) in the interests of law enforcement or the prevention and detection of crime; c) for the protection of personal privacy, legal privilege or commercial processes or transactions; d) to enable a public service to perform its constitutional functions or a public authority, when acting in the capacity of regulator, contractor or employer, to perform its functions. 2.27.3. Act of Parliament shall a) prescribe the procedures to enable the right of access to official information to be readily exercised and enforced; and b) make provision for the appointment, powers and procedures of a Parliamentary Commissioner for Information. 2.27.4. The Commissioner a) shall investigate refusals of access to official information and complaints of delay or obstruction in the granting of such access; and b) may require public authorities to give access to official information or to compensate for unwarranted delays in giving such access. 2.28 Use of information by public authorities 2.28.1. Any person required by law to provide information to a public authority shall be informed of the purposes for which that information is required. 2.28.2. Any information so provided shall be used for those purposes only. 2.28.3. No such information shall be communicated to any other public authority unless a) that communication is authorised by law; and b) at the time the information was required, the person from whom it was required was informed that it might be communicated to the other public authority and of the purposes for which it might be used by that other public authority. 2.28.4. Paragraph 2.28.3b does not apply where the communication of the information is sought for the purposes of investigating fraud or crime.   CHAPTER 3. Nationality 3.1 Iconian nationality 3.1.1. There is established by this Constitution a new Iconian nationality, the holders of which are known as Iconian nationals. 3.1.2. Every person is an Iconian national who, immediately before the coming into force of this Constitution, held the status of any of the following a) Iconian citizen; b) Iconian Protected Person. 3.1.3. Every person who is Iconian by reason of paragraph shall be treated as holding that nationality by descent. 3.2 Acquisition and loss of Iconian nationality 3.2.1. A person who is born in the Iconian Empire after the coming into force of this Constitution acquires Iconian nationality by birth. 3.2.2. Such a person does not acquire Iconian nationality if, at the time of the birth, a) the mother or father possesses the immunity from suit and process accorded to an envoy of a foreign sovereign, and neither is an Iconian national; or b) the mother or father is a national of a country at war with the Iconian Empire and the birth occurs in a place occupied by that country. 3.2.3. A person who is born in any other place after the coming into force of this Constitution acquires Iconian nationality by descent if, at the time of the birth, the mother or father is an Iconian national otherwise than by descent 3.2.4. Act of Parliament shall provide for, and regulate, acquisition (in particular, acquisition by adoption, descent, registration and naturalisation), loss and withdrawal of Iconian nationality. 3.2.5. Iconian nationality shall not be withdrawn arbitrarily or so as to render the holder stateless and shall be lost only in the circumstances prescribed by Act of Parliament. 3.2.6. Act of Parliament shall provide for the right of any person from whom Iconian nationality is withdrawn to apply for judicial review. 3.3 Allegiance and dual nationality 3.3.1. Every person holding Iconian nationality owes a duty of allegiance to this Constitution. 3.3.2. Nothing in this Chapter prevents a person who holds Iconian nationality from holding the nationality or citizenship of another country. 3.3.3. Every person holding Iconian nationality has the right of abode in any part of the Iconian Empire. 3.4 Civic rights of non-nationals 3.4.1. Act of Parliament shall determine the extent to which persons under the jurisdiction of the Iconian Empire who do not hold Iconian nationality are entitled to the civic rights, and are subject to the civic duties, attached to Iconian nationality.   CHAPTER 4. The Head of State 4.1 The Head of State 4.1.1. There is established by this Constitution the office of Head of State of the Iconian Empire, which is held by His/her Imperial Majesty, the Emperor of the Iconian Empire and His/her Heirs and Successors. 4.1.2. The Heirs and Successors are as determined by the Act of Succession of 1511, except that, in relation to persons born after the coming into force of this Constitution, the succession shall be in order of primogeniture without regard to gender or religion. 4.1.3. Nothing in this Constitution prevents Her Majesty or any Heir or Successor from abdicating the office of Head of State in favour of the Heir to the Throne. 4.1.4. If; a) on Accession, the Head of State is under the age of 18 years; or b) at any time the Head of State is incapable of performing the functions of the Head of State, those functions shall be performed in the name of and on behalf of the Head of State by a Regent, who shall be appointed as Act of Succession of 1511 shall prescribe, until the Head of State attains that age or ceases to be incapacitated. 4.1.5. Act of Parliament shall provide with respect to the performance of the functions of the Head of State in the case of absence from the Iconian Empire, or the temporary incapacity, of the Head of State. 4.1.6. The Head of State is personally entitled to a) immunity from suit and legal process in any civil cause in respect of all things done or omitted to be done by the Head of State in a private capacity and; b) immunity from criminal proceedings in respect of all things done or omitted to be done by the Head of State either in an official capacity or in a private capacity. 4.1.7. Act of Parliament shall provide with respect to the annual sum for the income, maintenance and upkeep of the Head of State and of such members of the family of the Head of State as the Cabinet, after consultation with the Head of State, considers appropriate. 4.1.8. The Head of State is entitled to immunity from taxation. 4.1.9. The Head of State may appoint or dismiss such officers and other members of the Head of State’s household (Imperial Household Agency and Imperial Palace) as the Head of State considers necessary. 4.2 Functions of the Head of State 4.2.1. After the coming into force of this Constitution, the functions of the Head of State, other than those of a ceremonial or formal nature, are derived only from this Constitution or Act of Parliament. 4.2.2. In performance of any function under this Constitution or an Act of Parliament, the Head of State may act only as required or permitted by this Constitution or the Act of Parliament. 4.2.3. If the Head of State so requests, the Consul shall heavily reconsider the advice given by him or her. 4.2.4. Where the Head of State is required by this Constitution or an Act of Parliament to act on the advice or recommendation of, or after consultation with, another person, no court shall consider a) whether or by whom the advice or recommendation was given or whether and with whom the consultation took place; or b) the nature of the advice, recommendation or consultation; or c) whether the Head of State acted in accordance with the advice or recommendation.   4.3 Duties of the Head of State 4.3.1. The Emperor shall be the symbol of the State and of the unity of the People, deriving his position from the will of the people with whom resides sovereign power. 4.3.2. The Head of State shall a) on the report of the Princeps Senatus of the Imperial Senate, appoint as the Consul the person elected to that office by the Imperial Senate; b) accept the resignation of the Consul when tendered by the Consul, c) appoint to, and remove from, the office of Minister the persons whose names are submitted by the Consul; d) signify Assent or veto Bills which, in accordance with this Constitution and the law and custom of Parliament, have passed through their stages in Parliament and are presented to the Head of State for Assent; e) appoint such military officers, members of a public service and other persons whose appointments are, under this Constitution or an Act of Parliament, required to be made by the Head of State; f) confer such honours, awards, decorations and distinctions upon such persons as are recommended by the Consul; g) prorogue and dissolve Parliament; 4.3.3. The Head of State is the supreme commander of all the Armed Forces of the Iconian Empire but shall exercise powers in relation thereto only in accordance with this Constitution or Act of Parliament. 4.4 Personal powers of the Head of State 4.4.1. The Head of State may a) give advice and make comments upon affairs of state and the governance of the Iconian Empire to the Consul and to other Ministers; b) confer honours, awards, decorations and distinctions that are within the personal gift of the Head of State; c) make public statements in right of the office of the Imperial Palace of Aurelia. d) appoint or remove following officials from their functions i. the Tribunus Angusticlavius of the Imperial Household Agency e) confer honours, awards, decorations and distinctions upon any person in accordance with the Iconian law; 4.4.2. The Head of State shall exercise the powers in this Article in the discretion of the Head of State and shall not be obliged to seek or comply with any advice before so doing. 4.4.3. In exercising a power under this Article, the Head of State shall not manifest a preference, directly or indirectly, for any political party. 4.4.4. No court shall consider, in relation to the exercise by the Head of State of any power under this Article, a) whether and to whom the Head of State offered advice or whether and by whom advice was given to the Head of State; b) whether the Head of State has manifested any preference for a political party. 4.4.5. The power of mercy 4.4.6. The Head of State, acting on the advice of the Minister of Justice or his/her own discretion, may a) grant a pardon, either free or subject to lawful conditions, to a person convicted of an offence; or b) grant a delay, either indefinite or for a specified period, from the enforcement of any sentence or order imposed on a person for an offence; or c) substitute a less severe form of punishment for any punishment imposed on a person for an offence; or d) remit the whole or part of any punishment imposed on a person for an offence or of any penalty, fine or forfeiture otherwise due to the Government on account of an offence. 4.5 The Council of State | Counsilium Nationis 4.5.1. There is established by this Constitution a Council of State, the members of which consist of a) the Heir to the Throne; b) persons who hold or have held any of the following offices i. Princeps Senatus of either House of Parliament; ii. Consul; iii. member of the Cabinet; iv. Leader of the Opposition; v. Head of Staff of the Imperial Defence Force; c) such other persons as may be appointed, for life, to be members by the Head of State; d) such other persons as may be appointed on the advice of the Consul.   CHAPTER 5. The Executive 5.1 The Government of the Iconian Empire 5.1.1. The executive power for the Iconian Empire is vested in, and, subject to this Constitution, shall be exercised by, the Government of the Iconian Empire. 5.1.2. There is established by this Constitution a Government for the Iconian Empire, which shall comprise a) the Consul; and b) the Head of State; and c) the members of Parliament appointed as the Ministers of the Government. 5.1.3. The Government has all the rights, powers and capacities of a person of full age and capacity, in addition to the rights, powers and capacities conferred by this Constitution and by or under Act of Parliament. 5.1.4. The Government may act through the Cabinet, the appropriate Minister or any member of the public service for the Iconian Empire duly authorised by the Cabinet or a Minister. 5.2 The Consul of the Iconian Empire | Primus Consul de Imperii Iconii 5.2.1. There is established by this Constitution the office of Consul of the Iconian Empire. 5.2.2. The Consul shall be elected by the Imperial Senate from among its members. 5.2.3. The Consul ceases to hold office a) if he or she ceases to be a member of the Imperial Senate for any reason other than the expiry or dissolution of the House; or b) on the receipt by the Head of State of a letter of resignation from the Consul; or c) Head of State discretion; or d) when a new election to the office is completed; or e) if a motion of no confidence in the Consul is passed by a majority of all the members of the Imperial Senate, or a motion for the confidence of the Imperial Senate in the Consul defaults. 5.3 Deputy Consul of the Iconian Empire| Secundus Consul de Imperii Iconii 5.3.1. The Consul shall appoint a deputy Consul from among the members of the Cabinet who are members of the Imperial Senate. 5.3.2. The deputy Consul shall perform the functions of the Consul when the Consul is for any reason unable to perform them or the office of Consul is vacant. 5.4 Ministers 5.4.1. There are established under this Constitution such number of offices of Minister as the Consul from time to time determines. 5.4.2. Appointments to these offices shall be made, from among members of Parliament, by the Head of State. The Ministers shall include a) a Comes Largitionum (having responsibility for finance); b) a Quaestor Sarcri Palatii (having responsibility for courts and legal services); c) a Legatus Peregrinus (having responsibility for international relations), who shall be appointed from among members of the Imperial Senate. 5.4.3. A Minister shall be responsible for the conduct of such business of government and for the administration of, or within, such department of government as the Consul assigns to the Minister. 5.4.4. A Minister ceases to hold office a) if he or she ceases to be a member of a House of Parliament for any reason other than the expiry or dissolution of the House; or b) if removed from office by the Head of State, acting on the advice of the Consul, or c) on the receipt by the Consul of a letter of resignation from the Minister; or d) when a new election to the office of Consul is completed, or e) on Head of State discretion. 5.5 The Cabinet 5.5.1. There is established by this Constitution a Cabinet which consists of a) the Consul; and b) the Comes Largitionum; and c) the Quaestor Sarcri Palatii; and d) the Legatus Peregrinus; and e) such other Ministers as the Consul appoints. 5.5.2. The Cabinet a) has the general direction and control of the government of the Iconian Empire; and b) is collectively responsible to Parliament for the performance by the Government of its functions. 5.5.3. The Cabinet may appoint such committees as it considers necessary, or are required, to assist the Cabinet in the discharge of its responsibilities. 5.5.4. The purpose, membership, terms of reference and duration of the committees shall be reported to Parliament by the Consul. 5.6 Ministerial responsibility 5.6.1. The Consul shall keep Parliament and the Head of State fully informed about all matters pertaining to the conduct of government. 5.6.2. A Minister shall a) exercise general direction and control over all matters within the area of responsibility assigned to that Minister; and b) render a full and regular account to Parliament and its committees concerning those matters. 5.6.3. As soon as practicable after appointment, a Minister shall a) lay before Parliament a full description of the responsibilities assigned to the Minister; and b) indicate, with reasons, any matter concerning which the Minister may be unwilling to give a full account to Parliament. 5.6.4. A Minister shall inform Parliament of any significant change in those responsibilities or with respect to any matter for which the Minister may be unwilling to give such an account. 5.7 Code of Ministerial Conduct 5.7.1. The Consul shall lay before Parliament a Code of Conduct for Ministers. 5.7.2. The Code, and any amendments to the Code, shall take effect when approved by resolutions of both Houses of Parliament, and is binding on all Ministers. 5.7.3. The Integrity Committee of the Constitutional Commission may investigate any alleged breach of the Code of Conduct by a Minister in accordance with Article 7.26. Part 1. Legal Officers 5.8 Attorney-General | Tribunus Plebis 5.8.1. There is established by this Constitution the office of Attorney-General. 5.8.2. The Attorney-General shall be appointed by the Consul from among persons who a) are not members of Parliament; and b) have rights of audience, or are entitled to conduct litigation, in the superior courts of any part of the Iconian Empire. 5.8.3. Act of Parliament shall provide for the conditions of service in respect of the office, but the Attorney-General ceases to hold office a) if he or she ceases to have a qualification for appointment to the office; or b) if removed from office by the Consul; or c) on the receipt by the Consul of a letter of resignation from the Attorney-General; or d) when a new election to the office of Consul is completed. 5.8.4. The Attorney-General a) is the principal legal adviser to the Government; and b) has responsibility, on behalf of the Government, with respect to the conduct of litigation to which the Government is a party. 5.8.5. The Attorney-General shall attend, but shall not vote at, meetings of the Cabinet. 5.9 Director of Public Prosecutions | Rector Publici de Officii Accusationis 5.9.1. There is established by this Constitution, within the Ministry of Justice, the office of Director of Public Prosecutions. 5.9.2. The Director of Public Prosecutions shall be appointed by the Minister of Justice, acting in accordance with the recommendation of the Judicial Services Commission for Iconia, from persons having rights of audience in the superior courts of the Iconian Empire. 5.9.3. The holders of the offices established by or under this Article have the same tenure as a judge under Article 10.14, and the Chapter 10 with respect to complaints relating to judges and the removal of judges apply as if those officeholders were judges. 5.9.4. The Director of Public Prosecutions has the power, where the Director considers it in the public interest a) to institute and undertake criminal proceedings before any Iconian court (other than a court trying offences by members of the Armed Forces); b) to consent or refuse consent to the institution of any such proceedings for which the consent of the Director is required by law; c) to take over and continue any such criminal proceedings instituted by another person or authority; d) to discontinue, at any stage before a decision is announced, any such criminal proceedings (other than an appeal by the person convicted), whether instituted or undertaken by the Director or by another person or authority. 5.9.5. The powers in paragraphs 5.9.4b and 5.9.4d are vested in the Director of Public Prosecutions to the exclusion of any other person or authority. 5.9.6. The powers of the Director under paragraph 5.9.4d are not subject to the direction or control of any other person or authority, but before exercising the power of consent under paragraph 5.9.4b, the Director shall consult the Attorney-General. 5.9.7. The powers of the Director of Public Prosecutions under paragraph 5.9.4d may be exercised by the Director personally or through other persons, who shall act in accordance with any general or specific instructions of the Director. 5.10 International relations 5.10.1. The Government a) shall conduct the international relations of the Iconian Empire; and b) subject to this Constitution and Acts of Parliament, has all necessary powers for that purpose, including the powers to maintain diplomatic representatives abroad and to receive in the Iconian Empire diplomatic representatives from other states. 5.10.2. No treaty concluded by the Government of the Iconian Empire shall be binding upon the Iconian Empire, unless a) the treaty is laid before Parliament; and b) within 3 months after it has been so laid, each House of Parliament, by resolution, authorises the Government to give consent for the Iconian Empire to be bound as a party to the treaty; or c) within 3 months after it has been so laid, each House of Parliament, gives consent with at least one-third minority and the consent of the Head of State. 5.10.3. A treaty to which the Government has given consent under the authority of such resolutions has effect, on coming into force, as part of the domestic law of the Iconian Empire to the extent that it is capable of having such effect. 5.10.4. For the purpose of this Article, the expression “treaty” means an agreement in writing, governed by international law, between the Iconian Empire and another state or an organisation of which only states are members.   CHAPTER 6. The Legislatures 6.1 The legislative power 6.1.1. The legislative power in the Iconian Empire is vested in Parliament and the Assemblies. 6.1.2. The division of competence between Parliament and the Assemblies is as determined by this Constitution. 6.1.3. Nothing in this Constitution prevents an Act of Parliament or of an Assembly conferring legislative functions upon another authority. 6.1.4. No Bill may be passed by Parliament or by an Assembly which transfers permanently, or divests Parliament or the Assembly of, legislative power. 6.2 Exclusive legislative powers of Parliament 6.2.1. Parliament has exclusive powers to make laws with respect to a) the seat of government of the Iconian Empire and all places acquired by the Government of the Iconian Empire for public purposes; b) matters relating to any department, authority or agency which, by this Constitution, is under the Government of the Iconian Empire; c) other matters declared by this Constitution to be within the exclusive power of Parliament, which include i. the Constitution, including the Head of State, Parliament, elections and the courts of the Iconian Empire; ii. the Armed Forces, civil defence and national security; iii. citizenship, nationality and immigration; iv. taxation and social security; v. coinage, legal tender, interest rates and credit, banking and insurance; vi. postal services and telecommunications; vii. matters affecting the freedom of trade and commerce within the Iconian Empire and trade outside the Iconian Empire. 6.2.2. Parliament has exclusive power to legislate where legislation is required to give effect, as part of the domestic law of the Iconian Empire, to treaties or Parliament may, by Act of Parliament, delegate to an Assembly the power to legislate on any matter that is within the exclusive legislative powers of Parliament. 6.3 Legislative powers of Assemblies 6.3.1. The Assemblies have powers to make laws, in relation to their nation or region, with respect to the following matters a) agriculture and fisheries; b) arts and leisure; c) energy; d) the environment; e) housing; f) local government; g) trade and industry; h) transport. 6.3.2. A law made by an Assembly may amend or repeal a provision of law made by or under an Act of Parliament before the coming into force of this Constitution.   6.3.3. It is not within the powers of an Assembly to make any provision of law which a) extends to any part of the Iconian Empire beyond the national or regional boundaries of that Assembly in so far as is necessary to enable legal proceedings to be brought to enforce the provision; b) has the effect of amending this Constitution; 6.4 Concurrent legislative powers 6.4.1. Parliament may make laws with respect to any matter that is within the legislative powers of the Assemblies under Article 7.3, if a) that matter cannot be adequately regulated by an individual Assembly; or b) the regulation of a matter by an Assembly would prejudice the interests or interfere with the rights of residents of other parts of the Iconian Empire. 6.4.2. Unless Act of Parliament otherwise expressly provides, a matter with respect to which Parliament has made a law under this Article shall be within the executive powers of national, regional or local authorities. 6.5 Conflicts of legislation 6.5.1. If an Act of an Assembly is inconsistent with an Act of Parliament a) the Act of Parliament prevails; and b) the Act of the Assembly, to the extent of the inconsistency, is void. 6.6 Parliament 6.6.1. There is established by this Constitution a Parliament for the Iconian Empire, which consists of the Head of State, the Imperial Senate and the Chamber of Deputies. 6.6.2. Parliament a) subject to this Constitution, may make laws for the peace, order and good government of the Iconian Empire; and b) shall hold the Government of the Iconian Empire to account. 6.7 Membership in Parliament 6.7.1. The elections for members of Parliament shall a) be conducted in accordance with this Constitution and the electoral law made under Article 9.1; b) be held at the times prescribed in Part 3 of Chapter 13; and c) be supervised by the Electoral Commission. 6.7.2. The Imperial Senate shall be composed of not more than 171, and not less than 121, members, as determined by Act of Parliament. 6.7.3. The Chamber of Deputies shall be composed of not more than 363, and not less than 242, members, as determined by Act of Parliament. 6.7.4. No member of a House of Parliament may stand for election to, or sit as a member of, the other House. 6.7.5. The number of members of a House of Parliament who hold ministerial office shall not exceed one-tenth of the membership of that House. 6.7.6. The right of members of the Houses of Parliament to vote in Parliament shall be exercised in person. 6.8 Qualifications and disqualifications for membership 6.8.1. A person is qualified for election as a member of either House of Parliament if that person is entitled under Article 9.1.2 to vote in elections for Parliament. 6.8.2. No person is qualified for election as a member of either House of Parliament, if that person a) is not an Iconian National; b) holds or is acting in any office in the public service under the Government or is a full-time member of the judiciary, the regular Armed Forces or the police; c) is an undischarged bankrupt; d) is detained under the provisions of any law on the ground of suffering from mental illness; e) is serving a sentence of imprisonment for more than one year, or an indefinite sentence, following conviction for a criminal offence; f) holds or is acting in any office the function of which involves any responsibility for, or in connection with, the conduct of any election for Parliament or the compilation or revision of any electoral register; g) is disqualified for membership of Parliament under any law by reason of having been convicted of any offence connected with an election for Parliament 6.8.3. The seat of a member of a House of Parliament becomes vacant a) upon the next expiry or dissolution of that House after the election of the member; or b) on the receipt by the Princeps Senatus of that House of a letter of resignation from the member; or c) if the member is expelled by resolution of that House for misconduct or for persistent neglect of Parliamentary duties; d) if any other circumstances arise which would cause the member, if he or she were not a member, to be disqualified from election as a member of that House. 6.9 Expiry and dissolution of Houses of Parliament 6.9.1. The term of each House of Parliament is 4 years, which expires 21 days before the date upon which the election for that House is required by Part 3 of Chapter 13. 6.9.2. If, within 20 parliamentary days following the passing of a motion of no confidence in the Consul, the Imperial Senate fails to elect a Consul, the Head of State shall dissolve the Imperial Senate forthwith, by Proclamation. 6.9.3. If a motion of no confidence in the Government is passed by the Imperial Senate, or a motion for the confidence of the Imperial Senate in the Government defaults, the Head of State shall dissolve the Imperial Senate within the 7 days following, by Proclamation. 6.9.4. The term of the Imperial Senate summoned after the general election immediately following a dissolution is the remainder of the term of the previous Imperial Senate. 6.9.5. On the same day that the term of a House ends, whether by expiry or dissolution, the Head of State shall summon a new House, by Proclamation. 6.9.6. The meeting of the new House shall be held within one month of the general election at such time as the Proclamation shall appoint. 6.10 Powers and privileges of Parliament 6.10.1. Each House of Parliament, and its members, have the rights, powers, privileges and jurisdiction vested in the corresponding House, or its members, immediately prior to the coming into force of this Constitution, except to the extent that they are altered by, or are inconsistent with, this Constitution or Act of Parliament passed after this Constitution comes into force. 6.10.2. The rights and privileges of members apply notwithstanding the Bill of Rights, contained in Chapter 2. 6.10.3. The freedom of speech and debates or proceedings in Parliament shall not to be impeached or questioned in any court or place out of Parliament. 6.10.4. Each House of Parliament may regulate its own procedure, and for that purpose may make standing orders. 6.10.5. Each House of Parliament has the power to send for persons, papers and records, and this power may be delegated by the House to its committees. 6.11 The Speakers | Principes Senatus 6.11.1. At its first meeting after the summoning of a new House of Parliament and before proceeding to the despatch of any other business, that House shall elect one of its members, other than a Minister, to be the Princeps Senatus of that House. 6.11.2. If the office of Princeps Senatus in either House falls vacant at any time before the expiry of the House, that House shall, as soon as practicable, elect another such member of the House to the office. 6.11.3. Standing orders of each House shall a) provide for deputies to the Princeps Senatus; and b) regulate proceedings connected with the election of the Princeps Senatus and deputies. c) provide for the appointment of a Counsel to the Princeps Senatus who shall provide such legal advice as the Princeps Senatus, a deputy to the Princeps Senatus or the House may require; and d) start every House seating; 6.11.4. A certificate that is endorsed on any Bill by the Princeps Senatus of the Imperial Senate or the Princeps Senatus of the Chamber of Deputies, and in particular on a Money Bill under Article 6.16, a public Bill under Article 6.18, a Bill for the amendment of the Constitution under Article 6.19, or a Constitutional Bill under Article 6.20, is conclusive and its validity shall not be considered by any court, other than the Supreme Court. 6.12 Salaries and facilities 6.12.1. Members of the Houses of Parliament shall receive salaries and pensions and facilities appropriate to the full-time performance of their responsibilities. 6.12.2. Standing orders of both Houses shall ensure that the time and hours of their sittings have regard to the needs of all persons who are eligible to be members. 6.13 Declarations of interest 6.13.1. In any debate or proceeding of either House or of any of its committees or in transactions or communications which a member may have with other members of Parliament or with Ministers or with members of a public service, the member shall disclose any relevant pecuniary interest or benefit of whatever nature, whether direct or indirect, that he or she may have had, may have, or may be expecting to have. 6.13.2. Each House of Parliament shall maintain a Register of Members’ Interests, which shall be available for public inspection. 6.13.3. There shall be established a joint Select Committee of both Houses to examine, and make recommendations to Parliament on, matters connected with the Register. 6.14 Introduction of Bills 6.14.1. A Bill for a Public General Act (referred to in this Constitution as a “public Bill”), other than a Money Bill, may be introduced in either House by any member. 6.14.2. Subject to this Constitution, a public Bill becomes law when it is passed by the affirmative vote of a majority of the members of both Houses of Parliament, sitting separately, and the Assent of the Head of State is signified. 6.14.3. The presentation, and procedure for enactment, of Bills for Local and Personal Acts shall be regulated by standing orders of both Houses. 6.14.4. Except on the recommendation or with the consent of the Cabinet, signified by a Minister, neither House of Parliament shall a) proceed with any Bill (including any amendment to a Bill) which, in the opinion of the person presiding, makes provision for any of the following purposes i. for imposing, increasing, reducing or abolishing any tax; ii. for imposing or increasing any charge on the Consolidated Fund, or other public fund or the public revenue, of the Iconian Empire, or for altering any such charge otherwise than by reducing it; or iii. for compounding or remitting any debt due to the Government; b) proceed upon any motion (including any amendment to a motion) the effect of which, in the opinion of the person presiding, would be to make provision for any of those purposes; or c) receive any petition which, in the opinion of the person presiding, requests that provision be made for any of those purposes. 6.14.5. The validity of the proceedings leading to the enactment of an Act of Parliament shall not be considered by any court. 6.14.6. The words of enactment for public Bills shall be as set out in Part 6 of Chapter 13. 6.15 Subordinate legislation 6.15.1. A Standing Committee shall be established by each House of Parliament which shall examine and, where in the opinion of the Committee it is necessary, report to the House with respect to a) an enabling provision in any public Bill presented to the House which delegates legislative power; and b) any subordinate legislation laid before the House which, in the opinion of the Committee i. imposes or prescribes a charge on the public revenues of the Iconian Empire; or ii. requires payment to be made for any licence or consent or other service from a public body; or iii. is made under an enactment excluding it from challenge in the courts; or iv. purports to have retrospective effect where the enactment under which it is made does not so provide; or v. has been unjustifiably delayed in publication or in being laid before Parliament; or vi. has not been duly notified to the Princeps Senatus where it comes into effect before being laid before Parliament; or vii. gives rise to doubts whether it is intra vires or appears to make an unusual or unexpected use of the powers conferred by the enactment under which it is made; or viii. requires elucidation as to its form or purport or is defective in drafting. 6.15.2. Nothing in this Constitution shall be construed as affecting the power of either House of Parliament to annul subordinate legislation that is subject to annulment by resolution of either House, or to disapprove subordinate legislation that is subject to approval by resolution of either House. 6.16 Restrictions on powers of Chamber of Deputies as to Money Bills 6.16.1. If a Money Bill, that has been passed by the Imperial Senate and sent to the Chamber of Deputies at least 30 parliamentary days before the end of the session, is not passed by the Chamber of Deputies, without amendment, within 30 parliamentary days after it is sent, the Bill shall a) unless the Imperial Senate otherwise directs, be presented to the Head of State for Assent; and b) become an Act of Parliament on Assent being signified, notwithstanding that the Chamber of Deputies has not consented to the Bill. 6.16.2. For the purposes of this Constitution, the expression “Money Bill” means a public Bill which, in the opinion of the Princeps Senatus of the Imperial Senate, contains only provisions dealing with all or any of the following matters a) the imposition, repeal, remission, alteration, or regulation of taxation; b) the imposition, for the payment of debt or other financial purposes, of charges on the Consolidated Fund, the National Loans Fund or on money appropriated by Parliament, or the variation or repeal of any such charges; c) supply; d) the appropriation, receipt, custody, issue or audit of accounts of public money; e) the raising or guarantee of any loan or the repayment thereof; f) matters incidental to those matters or any of them. 6.16.3. For the purposes of this Article, the expressions ‘taxation’, ‘public money’, and ‘loan’ do not include, respectively, taxation, money, or loan raised by an Assembly or local authority. 6.16.4. There shall be endorsed on a Money Bill presented to the Head of State for Assent the certificate of the Princeps Senatus of the Imperial Senate, signed by the Princeps Senatus, that the Bill is a Money Bill. 6.17 Restrictions on powers of Chamber of Deputies as to certain Bills 6.17.1. This Article a) applies to any public Bill which has been passed by the Imperial Senate, after considering the Bill as passed by the Chamber of Deputies, and which is sent back to the Chamber of Deputies; b) does not apply to a Money Bill, a Bill for the amendment of the Constitution or a Constitutional Bill. 6.17.2. If a Bill to which this Article applies is rejected by the Chamber of Deputies, then, subject to this Article, the Bill shall a) if the Imperial Senate so resolves, be presented to the Head of State for Assent; and b) become an Act of Parliament on Assent being signified, notwithstanding that the Chamber of Deputies has not consented to the Bill. 6.17.3. A resolution under this Article shall not be moved in the Imperial Senate until a period of delay of 12 calendar months has elapsed a) from the day on which the Bill was rejected by the Chamber of Deputies; or b) if the Bill was so rejected more than 120 parliamentary days after being sent to that House, from the last of those days. 6.17.4. A resolution under this Article may be passed, and the Assent of the Head of State may be signified accordingly, notwithstanding any prorogation or the expiry or dissolution of either House during the period of delay. 6.17.5. In that case, the resolution shall not take effect unless passed within 30 parliamentary days after the end of the period of delay or the first meeting of the new House, as the case may be. 6.17.6. For the purposes of this Article, a Bill is rejected by the Chamber of Deputies in the following circumstances (and not otherwise) a) if a motion for the rejection of the Bill is carried, or a motion at any stage that the Bill be read or be passed is rejected or amended, by the Chamber of Deputies; b) if the Bill is passed by the Chamber of Deputies with substantive provisions that are not identical with those in the Bill sent back to it by the Imperial Senate; c) if, after 120 parliamentary days beginning on the day on which the Bill was sent back to the Chamber of Deputies and in the session in which it was so sent i. a motion relevant to the progress of the Bill in the Chamber of Deputies and expressed to be made pursuant to this Article, is proposed by the member in charge of the Bill and is rejected by the Chamber of Deputies; or d) the Imperial Senate resolves, on a motion of which at least 10 parliamentary days’ notice has been given, that the Bill be treated for the purposes of this Article as rejected by the Chamber of Deputies. 6.17.7. The date on which a Bill is rejected by the Chamber of Deputies shall be endorsed on the Bill by the Clerk of the Parliaments or, if the Bill is then in the possession of the Imperial Senate, by the Clerk of that House. 6.17.8. On the expiration of the period of delay, the Bill shall, unless it is then in the possession of the Imperial Senate, be returned to that House. 6.17.9. Bill shall not be presented to the Head of State for Assent under this Article, unless there is endorsed upon it the certificate of the Princeps Senatus of the Imperial Senate, signed by him, that this Article has been complied with. 6.18 Amendment to the Constitution 6.18.1. Parliament may, by Act of Parliament, amend any of the following provisions of this Constitution a) this Article; b) Chapters 1,2 and 3; c) Articles 4.1 to 4.3 in Chapter 4; d) Articles 5.1, 5.2, 5.5, 5.8, 5.9 and 5.10 in Chapter 5; e) Articles 6.1 to 6.6 and 6.19 in Chapter 6; f) Articles 7.1 and 7.2 and Part 1 and 2 of Chapter 13; g) Articles 8.1 to 8.4, 8.6 and 8.7 in Chapter 8 and Chapter 13 part 3; h) Chapters 9 and Chapter 13 part 4. 6.18.2. The Bill for the Act is passed if, at its final reading, it is supported by the votes of a) not less than two-thirds of all the members of the Imperial Senate; and b) not less than two-thirds of all the members of the Chamber of Deputies. 6.18.3. Parliament may, by Act of Parliament, amend any of the provisions of this Constitution not mentioned in paragraph 6.18.1. a) The Bill for the Act is passed if, at its final reading, it is supported by the votes of i. not less than two-thirds of the members of the Imperial Senate present and voting, where that two thirds is not less than half of all the members of the Imperial Senate; and ii. not less than two-thirds of the members of the Chamber of Deputies present and voting, where that two-thirds is not less than half of all the members of the Chamber of Deputies. b) and is Assented by the Head of State. 6.18.4. A Bill for the amendment of any provisions of Articles 6.2 to 6.4 or of Chapter 7, which has been passed in accordance with paragraph 6.18.1 or 6.18.2, as the case may be, shall not be presented to the Head of State for Assent unless it has been ratified by at least two-thirds of the Assemblies, by the affirmative votes of a majority of the members present and voting in each such Assembly. 6.18.5. A Bill for the amendment of this Constitution a) which provides that any part of the Iconian Empire should cease to be so; and b) which has been passed in accordance with paragraph shall not be presented to the Head of State for Assent unless it has been approved by a majority of the registered voters in that part of the Iconian Empire voting in a referendum held solely for that purpose. c) Act of Parliament shall provide for the holding of referenda for that purpose. d) The conduct of the referendum shall be under the supervision of the Electoral Commission. 6.18.6. A Bill for the amendment of this Constitution shall not be presented to the Head of State for Assent unless there is endorsed upon it, as the case may require a) a certificate of the Princeps Senatus of the Imperial Senate, signed by the Princeps Senatus, that paragraph. 6.18.2a or 6.18.3a.i, has been complied with; and b) a certificate of the Princeps Senatus of the Chamber of Deputies, signed by the Princeps Senatus, that paragraph. 6.18.2b or 6.18.3a.ii has been complied with. 6.18.7. For the purpose of this Constitution, the expression “amendment”, in relation to this Constitution or any Article or provision of any Article, includes a) revocation, with or without re-enactment, or the making of different provision in lieu; b) modification, whether by omitting, or altering, or inserting additional provision, or otherwise; and c) suspension of operation for any period or the termination of any such suspension. 6.19 Constitutional Bills 6.19.1. A Constitutional Bill shall not be presented to the Head of State for Assent unless it is passed, at its final reading in both the Imperial Senate and the Chamber of Deputies, by a majority of all the members of the House. 6.19.2. If a Constitutional Bill, which has been passed by one House of Parliament, is not passed by the other House, the Bill shall be returned to the House by which it was passed, endorsed with the certificate of the Princeps Senatus of the other House, signed by the Princeps Senatus, that the Bill is a Constitutional Bill. 6.19.3. For the purposes of this Constitution, the expression “Constitutional Bill” means a public Bill which, in the opinion of the Princeps Senatus of the Chamber of Deputies, whilst not containing an amendment to the Constitution, a) is required by or under this Constitution to be enacted; or b) gives detailed effect to any Article of the Constitution; or c) affects any Article of the Bill of Rights, contained in Chapter 2; or d) affects the functions of the Head of State or the composition, powers or jurisdiction of the Imperial Senate, the Chamber of Deputies, the Assemblies, the Supreme Court or the judiciary; and the expression “Constitutional legislation” shall be construed accordingly. 6.20 Public Funds 6.20.1. There are established by this Constitution a Consolidated Fund and a National Loans Fund for the Iconian Empire. 6.20.2. All revenues or other sums raised or received for the purposes of the government of the Iconian Empire shall be paid into the Consolidated Fund, except revenues or other sums raised or received which, under this Constitution or another law, are payable into the National Loans Fund or another public fund established for a specific purpose. 6.20.3. No sums shall be withdrawn from the Consolidated Fund except a) to meet expenditure that is charged upon the Consolidated Fund by this Constitution or another law; or b) where the issue of the sums has been authorised by an Appropriation Act or under this Constitution. 6.20.4. All public funds, other than the Consolidated Fund and the National Loans Fund, shall be established and authorised by Act of Parliament. 6.20.5. No sums shall be withdrawn from the National Loans Fund or any public fund so established, unless the issue of those sums has been authorised by or under an Act of Parliament. 6.20.6. The public debt of the Iconian Empire shall be a charge upon the Consolidated Fund, the National Loans Fund and such other public funds as may be established in accordance with paragraph 6.20.3. 6.20.7. The expression “public debt” includes interest on that debt, the repayment of that debt, charges in respect of public funds, and all expenditure, costs, and charges in connection with the management of that debt. 6.21 Contingencies Fund 6.21.1. Act of Parliament may a) provide for the establishment of a Contingencies Fund; and b) authorise the Comes Largitionum to make advances from that Fund to meet any urgent and unforeseen need for expenditure for which no other provision exists. 6.21.2. Where an advance is made from the Contingencies Fund, a supplementary estimate shall be presented, and a supplementary Appropriation Bill shall be introduced as soon as possible for the purpose of replacing the amount so advanced. 6.21.3. The Treasury shall authorise the necessary arrangements for the accounting of all moneys authorised to be paid out of the Contingencies Fund. 6.22 Appropriation 6.22.1. The Comes Largitionum shall cause to be prepared and laid before the Imperial Senate in each financial year estimates of the revenues and expenditure of the Iconian Empire for the next following financial year. 6.22.2. The estimates of expenditure shall show separately a) the total sums required to meet expenditure charged on the Consolidated Fund; and b) the sums required to meet other expenditure. 6.22.3. When the estimates of expenditure have been approved by the Imperial Senate, a public Bill, known as an Appropriation Bill, shall be introduced into the Imperial Senate, which shall provide for the issue from the Consolidated Fund of the sums (other than sums charged on the Consolidated Fund) necessary to meet that expenditure and for the appropriation of those sums for the purposes specified therein. 6.22.4. Estimates of expenditure charged upon the Consolidated Fund shall not be voted upon by the Imperial Senate. 6.22.5. If, in respect of any financial year, it is found that a) the sum appropriated by the Appropriation Act for any purpose is insufficient; or b) a need has arisen for expenditure for a purpose for which no amount has been appropriated by the Act; or c) sums have been expended for any purpose in excess of the amount appropriated for the purpose by the Appropriation Act, a supplementary estimate showing the sums required or spent shall be laid before the Imperial Senate, and a supplementary Appropriation Bill shall be introduced into the House. 6.22.6. If the Appropriation Act for any financial year has not come into force, or is not likely to come into force by the beginning of that financial year, the Imperial Senate may, by a vote on account, authorise the withdrawal from the Consolidated Fund of such sums as are considered necessary to carry on the government of the Iconian Empire until the expiry of 4 months after the beginning of that financial year or the coming into force of the Act, whichever is the earlier. 6.22.7. The Treasury shall make appropriate arrangements, including virement, for the authorisation of supply to ensure that all money shall be appropriated by Act of Parliament in accordance with this Constitution. 6.23 Budget 6.23.1. In each financial year, the Comes Largitionum shall prepare a comprehensive budget for the Iconian Empire, which shall include proposals with respect to the raising of revenue for following financial year. 6.23.2. The Comes Largitionum shall present the budget, when approved by the Cabinet, to the Imperial Senate. 6.23.3. Nothing in this Article prevents the Comes Largitionum during a financial year from presenting supplementary budgets, when so approved, to the Imperial Senate for the purpose of raising additional revenue for that year. 6.23.4. No revenue may be raised except under the authority of an Act of Parliament. 6.24 Comptroller and Auditor General 6.24.1. There is established by this Constitution the office of Comptroller and Auditor General. 6.24.2. Act of Parliament shall provide for the appointment, tenure of office and conditions of service of the Comptroller and Auditor General, who shall a) be an officer of the Imperial Senate; and b) perform the functions set out in this Article and as Act of Parliament may prescribe. 6.24.3. The Comptroller and Auditor General shall a) audit the public accounts of the Iconian Empire and of all officers, and authorities of the Government, and of the courts for Iconian Empire; and b) report to Parliament thereon. 6.24.4. For that purpose, the Comptroller and Auditor General has access to all books, records, reports and other documents relating to those accounts. 6.25 Constitutional Commission 6.25.1. There is established by this Constitution a Constitutional Commission, which consists of not more than 16 members. 6.25.2. The members shall be appointed, in equal numbers from among their members, by the Imperial Senate and the Chamber of Deputies, as soon as practicable after the House first meets following a general election. 6.25.3. The Commission may co-opt members who are not members of Parliament, but the co-opted members shall not exceed one-third of the total membership of the Commission. 6.25.4. No Minister shall be a member of the Commission. 6.25.5. The Chairman of the Commission shall be elected by the members from among their own number. 6.25.6. The Commission shall keep under review a) the working of the Constitution and the Constitutional legislation; and b) the reports of the investigations of its Integrity Committee; and shall report its findings annually to Parliament, together with any recommendations for the amendment of the Constitution or such legislation; and shall prepare Codes of Conduct and other guidelines concerning the standards of conduct with which persons may reasonably be expected to comply when holding a public office to which they have been appointed or elected by virtue of being persons elected to either House of Parliament, to an Assembly or to a local authority. 6.26 Integrity Committee 6.26.1. The Constitutional Commission shall establish from amongst its members who are members of Parliament a committee to be known as the Integrity Committee. 6.26.2. The Chairman of the Constitutional Commission shall be the Chairman of the Integrity Committee. 6.26.3. The Integrity Committee a) may investigate the propriety of the conduct as a Minister of any person who is or has at any time been a Minister, whether of its own initiative or on a reference by either House of Parliament or by a committee of either House; b) for that purpose, has all the powers of a tribunal of inquiry appointed under the Tribunals of Inquiry Act 1865; c) shall lay before the House of Parliament of which the person under investigation is or was a member at the time of the conduct investigated and shall publish the report of its findings. 6.26.4. The House of Parliament before which report is laid under paragraph 6.26.3c shall consider that report within 60 days after it has been laid.   CHAPTER 7. National and Regional Government 7.1 Assemblies 7.1.1. There is established by this Constitution an Assembly for Aquilia, for Lucia, for Thessolakia , for Pansa and for each of the regions of Iconia, having the areas set out in Schedule 1. 7.1.2. Each Assembly a) may, subject to this Constitution and in particular Part 1 of Chapter 6, make laws for the peace, order and good government of its nation or region; and b) shall hold its Executive to account. c) Act of Assembly may provide with respect to the names by which the Assembly and the members of the Assembly may be known. 7.1.3. The elections for members of the Assemblies shall a) be conducted in accordance with the electoral law enacted by Parliament under Article 8.1; b) be held at the times prescribed in Part 3 of Chapter 13; and c) be supervised by the Electoral Commission. 7.1.4. Act of Parliament shall provide a) with respect to the numbers of the members of the Assemblies; b) subject to Article 8.1.2, with respect to the qualifications and disqualifications for the members. 7.1.5. The term of an Assembly is 4 years, which expires 21 days before the date upon which the elections for Assemblies are required by Part 3 of Chapter 13. 7.1.6. The procedure of each Assembly shall, subject to any Act of the Assembly, be regulated by standing orders of the Assembly, which shall include provision for a) the appointing of a date for the first meeting of the Assembly after each election; b) the election of a presiding officer from among the members of the Assembly and for the tenure of that office; c) the nomination, mode of election and removal of the Chief Executive; d) the requirements to be met by the Executive in the presentation of policies and legislative proposals; e) the information to be made available by the Executive to the Assembly; f) securing disclosure by members of pecuniary interests, any consequent restriction of participation in the debates of the Assembly, and the consequences of failure to disclose pecuniary interests. 7.1.7. An Assembly may do anything which is calculated to facilitate or is conducive or incidental to the discharge of any of its functions. 7.1.8. Laws made by an Assembly are called Acts of the Assembly. 7.1.9. A Bill for an Act becomes an Act of the Assembly when it is a) passed by the affirmative vote of a majority of the members of the Assembly voting; and b) so certified by the presiding officer of the Assembly and the Clerk to the Assembly. 7.1.10. The validity of the proceedings leading to the enactment of an Act of an Assembly shall not be considered by any court. 7.2 Executives 7.2.1. There is established by this Constitution an Executive for Aquilia, for Lucia, for Thessolakia, for Pansa and for each of the regions in Iconia. 7.2.2. Each Executive consists of a) a Chief Executive, who shall be elected by the appropriate Assembly from among its members, in accordance with its standing orders; and b) such members of the Assembly as are appointed by the Chief Executive to be members of the Executive. 7.2.3. The Chief Executive may appoint members of the Assembly to be assistants to the members of the Executive. 7.2.4. Act of Parliament shall provide with respect to the number of the members of an Assembly who may be appointed to be members of the Executive or assistants to such members. 7.2.5. Act of Assembly shall provide with respect to the titles by which the Chief Executive and the members of the Executive may be known. 7.2.6. A member of the Executive appointed under this paragraph may participate in the proceedings of the Assembly but shall not vote. 7.2.7. The Executive shall exercise the executive powers of the Government with respect to a) all matters which fall within the legislative competence of the appropriate Assembly as provided by this Constitution; and b) such other matters as Act of Parliament may prescribe. 7.2.8. A member of an Executive is responsible for the conduct of such business of the Executive as the Chief Executive assigns to the member. 7.2.9. A member of an Executive, or an assistant to a member, ceases to hold office a) if the member or assistant ceases to be a member of the Assembly for any reason other than the expiry of the Assembly; or b) if removed from office by the Chief Executive; or c) on the receipt by the Chief Executive of a letter of resignation from the member or assistant; or d) when a new election to the office of Chief Executive is completed; or e) if a motion of no confidence in the Executive is passed by a majority of all the members of the Assembly. 7.3 Finance and revenue sharing 7.3.1. There is established by this Constitution a Consolidated Fund and a Loans Fund for each nation and region. 7.3.2. Sums may be transferred in a nation or region from one to the other of these Funds on the authority of the Executive, signified by the member of the Executive having responsibility for finance. 7.3.3. There shall be paid into the Consolidated Fund for a nation or region a) the share of the personal income tax raised in the Iconian Empire that is allocated to that nation or region in accordance with Chapter 13 Part 2; and b) such other receipts of its Executive that are not paid into the Loans Fund and have not been disposed of and accounted for under an order under paragraph 7.3.4. Sums forming part of a Consolidated Fund may be appropriated by an Executive only for purposes related to those matters in which, under Article 7.3.5. the Executive may exercise executive powers or to meet expenses incurred under Article 7.1.7. 7.3.6. Sums forming part the Loans Fund, and sums forming part of the receipts of the Executive, may be appropriated by order of the Executive, which shall provide with respect to their disposal and accounting. 7.3.7. No order appropriating any sum shall be made by the Executive unless a draft of the order appropriating that sum has been laid before the Assembly and has been approved by a resolution of the Assembly. 7.4 Borrowing 7.4.1. The Executive may borrow such sums as appear to the a) Executive to be necessary to meet expenditure approved by the Assembly. b) No such sums may be borrowed unless the borrowing has been approved by a resolution of the Assembly. 7.4.2. The total sums that may be borrowed in any financial year under this Article shall not exceed one-third of the annual expenditure approved by the Assembly for that financial year. 7.4.3. No borrowing may be undertaken by the Executive if, in consequence, the total sums borrowed for the time being under this Article would exceed 3 times the annual revenue of the Assembly at the time. 7.4.4. The Executive may borrow such sums as appear to the Executive to be required a) to meet a temporary excess of sums paid out of the Consolidated Fund or the Loans Fund over the sums paid into the Fund; or b) to provide a working balance in either Fund. 7.4.5. Sums borrowed by the Executive shall be paid into the Loans Fund or Consolidated Fund. 7.4.6. Any sums required for the repayment of, or the payment of interest on, sums borrowed under this Article that are not paid out of the Loans Fund shall be a charge upon the Consolidated Fund. 7.5 Local government 7.5.1. Act of Assembly shall provide for the establishment of elected local authorities in each nation and region. 7.5.2. The boundaries for each local authority shall be determined by the parent Assembly, with the approval of the Electoral Commission. 7.5.3. The elections to local authorities shall a) be conducted in accordance with the electoral law enacted by Parliament under Article 8.1; b) be held at the times prescribed in Part 3 of Chapter 13; and c) be supervised by the Electoral Commission. 7.5.4. A local authority a) shall perform such functions as Act of the parent Assembly shall determine; and b) has general competence to undertake whatever measures it sees fit for the benefit of all those within its area, including the making of bye-laws; but in performing such functions or undertaking such measures, the local authority shall not act in conflict or inconsistently with any legislation enacted by or under the authority of Parliament or by the parent Assembly. 7.5.5. Each local authority is entitled a) to levy rates upon domestic and business properties within its jurisdiction; or b) raise any other form of local tax authorised by Act of Parliament, in accordance with Act of the parent Assembly.   CHAPTER 8. Elections 8.1 Electoral law and qualifications 8.1.1. Elections for Parliament, the Assemblies and the other elected bodies established by or under this Constitution shall be general, direct, equal and free and by secret ballot under conditions which ensure the free expression of the people of the Iconian Empire. 8.1.2. A Iconian National who has attained the age of 18 years is entitled to vote in elections for, and stand for election to, Parliament, the European Parliament, the Assemblies and the other elected bodies established by this Constitution, subject to such disqualifications as Act of Parliament shall prescribe. 8.1.3. Act of Parliament shall a) determine the extent to which the franchise shall be extended to other classes of persons; and b) provide for the electoral law which shall govern the franchise, the qualification and nomination of candidates, election expenditure and other matters concerning the conduct of elections to Parliament, the European Parliament, the Assemblies and local authorities. 8.2 Elections to Imperial Senate 8.2.1. The constituencies for the Imperial Senate shall be determined in accordance with Part 1 of Chapter 13. 8.2.2. At each general election one member shall be returned for each constituency in accordance with Part 3 of Chapter 13. 8.2.3. Following each general election, additional members equal in number to the number of constituencies shall be declared by the returning officer in accordance with Part 3 of Chapter 13. 8.3 Elections to Chamber of Deputies 8.3.1. The constituencies for the Chamber of Deputies shall be determined in accordance with Part 3 of Chapter 13. 8.3.2. At each general election there shall be returned for each constituency such number of members (being not less than 5 and not more than 9) as is determined for that constituency in accordance with Part 3 of Chapter 13. 8.3.3. Members shall be elected by a system of single transferable voting in accordance with Part 3 of Chapter 13. 8.4 By-elections 8.4.1. Upon a vacancy arising in the membership of either House of Parliament in respect of a seat held by an elected member, an election for a new member shall be held as soon as is practicable in the constituency concerned. 8.4.2. No election shall be held under this Article if the vacancy occurs within the 3 months immediately preceding the date upon which the term of Parliament will expire. 8.5 Elections to Assemblies and local authorities 8.5.1. Act of Parliament made under Chapter 8 shall provide, in like terms to Articles 8.2 to 8.4 and Part 3 of Chapter 13, with necessary modifications, with respect to the constituencies, return of members and by-elections in connection with elections to the Assemblies and local authorities. 8.6 Electoral Commission 8.6.1. There is established by this Constitution an Electoral Commission for the Iconian Empire. 8.6.2. The Electoral Commission consists of a) the Princeps Senatus of the Imperial Senate (who shall chair the Commission); b) the Princeps Senatus of the Chamber of Deputies; and c) not less than 5 and not more than 9 Ordinary Commissioners (one of whom shall be elected by the Commission to be Deputy Chairman). 8.6.3. Ordinary Commissioners shall be appointed by the Head of State acting on his/her discretion or advice of the Public Services Commission. 8.6.4. No person may be appointed an Ordinary Commissioner who is a member of, or a candidate for election to, either House of Parliament, an Assembly or a local authority. 8.6.5. An Ordinary Commissioner ceases to hold office a) at the expiry of 5 years from the date of appointment (which may be renewed); or b) upon the Commissioner attaining the age of 65 years; or c) on the receipt by the Chief Commissioner of the Public Services Commission of a letter of resignation from the Ordinary Commissioner; or d) if the Commissioner is removed from office, upon grounds of misconduct or incapacity, by the Head of State on his/her discretion or on the advice of the Public Services Commission; or e) if the Commissioner becomes a candidate for election to either House of Parliament, the European Parliament, an Assembly or a local authority. 8.6.6. Ordinary Commissioners shall receive salaries, and office and administrative facilities, appropriate to the full-time performance of their responsibilities. 8.7 Functions of Electoral Commission 8.7.1. The Commission has the duty a) to keep under continuous review i. the number of constituencies into which the Iconian Empire is to be divided for the purposes of elections to the Houses of Parliament, the Assemblies, and local authorities; ii. the boundaries of such constituencies; iii. the practice and working of political campaigning affecting elections in the Iconian Empire, including matters of finance, broadcasting and advertising, and to submit reports thereon, with its recommendations, to Parliament at such intervals as Parliament shall determine; b) to appoint a returning officer for each nation and region; c) to consider any matter affecting the conduct of elections in the Iconian Empire (including any matter affecting the franchise or candidatures) that i. is referred to it by the Consul or the Princeps Senatus of the Imperial Senate; or ii. the Commission on its own initiative determines, and to submit a report thereon, with any recommendations, to Parliament. d) to receive, investigate and report to Parliament upon complaints in connection with the conduct of any election in the Iconian Empire. 8.7.2. The Commission has the power a) assist individual complainants in legal proceedings in relation to electoral malpractice. b) to institute such legal proceedings on its own initiative, whether or not it has received a complaint. 8.7.3. The Commission has the appropriate powers to require any person to provide information or documents which, in its opinion, appear likely to assist the Commission in the performance of its functions. 8.8 Functions as to political parties 8.8.1. The Commission shall maintain a register of political parties. 8.8.2. The Commission shall, from time to time, prepare regulations for the registration of political parties, which shall include provisions requiring a) a political party applying for registration to provide a copy of its constitution and of its accounts. b) every registered political party to submit annually a copy of its accounts to the Commission. 8.8.3. Such regulations shall have effect when approved by resolutions of both Houses of Parliament. 8.8.4. The Commission shall submit an annual report to Parliament with respect to a) the income, expenditure and financial status of all registered political parties; and b) such matters in connection with the registration of political parties as the Commission determines. 8.9 Registration of Political Parties 8.9.1. Every political party is entitled to register with the Electoral Commission, in accordance with the regulations made under Article 8.8. 8.9.2. A registered political party is eligible for public financial support and entitled to access to political broadcasting to the extent that Act of Parliament provides. 8.9.3. Act of Parliament may, notwithstanding Article 2.10, place such restrictions as are reasonable in a democratic society on election expenditure by candidates, political parties, whether registered or not, and other bodies.   CHAPTER 9. Judiciary 9.1 The judicial power 9.1.1. Judicial power within the Iconian Empire is vested in the courts in accordance with this Constitution. 9.1.2. The courts are independent and subject only to this Constitution and the law. 9.1.3. No court or tribunal shall be established to exercise judicial functions of a public nature in any part of the Iconian Empire except as provided or authorised by this Constitution. 9.2 Establishment of courts 9.2.1. There is established by this Constitution a Supreme Court for the Iconian Empire, having the membership and jurisdiction set out in Article 9.4 to 9.8. 9.2.2. Further Iconian Empire courts may be established under that Part. 9.2.3. There are established by or under this Constitution the courts having the membership and jurisdiction set out in Chapter 13 part 4. 9.2.4. The courts established under this Chapter have the jurisdiction which was exercised by the courts immediately before the coming into force of this Constitution. 9.2.5. That jurisdiction shall, subject to this Chapter 13 part 4, be allocated between the courts by Act of Parliament. 9.2.6. Act of Parliament shall provide concerning the respective territorial and extra-territorial jurisdiction of the courts in the different parts of the Iconian Empire. 9.3 Limitations on invalidating of legislation 9.3.1. No intermediate or inferior court may hold that any Act of Parliament or of an Assembly is wholly or partly void. 9.3.2. If any question as to the validity of an Act of Parliament or of an Assembly arises in the course of proceedings in an intermediate or inferior court, the court shall refer the question to a superior court, unless it is satisfied that there is no substance in the question. 9.3.3. An appeal from any decision of a superior court holding an Act of Parliament wholly or partly void shall be taken directly to the Supreme Court. 9.3.4. This Article does not apply to subordinate legislation. 9.4 Full faith and credit 9.4.1. Full faith and credit shall be given throughout the Iconian Empire to a) the laws, acts and records of the Assemblies; and b) the judicial proceedings of the courts. 9.4.2. Act of Parliament shall provide concerning the enforcement in one part of the Iconian Empire of the judgements and orders of courts in another part of the Iconian Empire or outside the Iconian Empire. 9.5 The Supreme Court 9.5.1. The Supreme Court of the Iconian Empire consists of the Quaestor Sacri Palatii and 10 other Justices or such greater number as may be prescribed by Act of Parliament. 9.5.2. The Justices of the Supreme Court shall be selected from persons a) who have served as judges of a superior court within the Iconian Empire; or b) who, in the opinion of the Iconian Empire Judicial Appointments Commission, have shown outstanding distinction in the practice or teaching of law in the Iconian Empire. 9.5.3. The Justices of the Supreme Court shall include (except for the duration of any vacancy) a) at least 5 persons who have served as judges of a superior court in Aquilia and Lucia; b) at least 2 persons who have served as judges of a superior court in Thessolakia; c) at least 1 person who has served as a judge of a superior court in Pansa. 9.5.4. The Quaestor and the other Justices of the Supreme Court shall be appointed by the Head of State on the advice of the Consul who shall select one of two names submitted by the Iconian Empire Judicial Appointments Commission (subject to the right to invite the Commission to reconsider the submission). 9.5.5. During any vacancy in the office of Quaestor or during the temporary incapacity of the President the functions of the President shall be discharged by the senior Justice of the Supreme Court willing to act. 9.6 Composition 9.6.1. The Supreme Court may, if the Quaestor so directs, sit as a single body to hear an appeal which appears to the Quaestor to be of exceptional importance. 9.6.2. It shall otherwise sit in divisions containing not fewer than 3 members. 9.6.3. Where in the opinion of the Quaestor it is reasonably necessary to do so to ensure the proper dispatch of the business of the Supreme Court, the President may invite a) a former Justice of the Supreme Court who has ceased to hold office under Article 9.15.1a or 9.15.2 or under Article 9.15.4 if no longer holding an inconsistent office; b) with the approval of the Iconian Empire Judicial Appointments Commission, any person eligible for appointment as a Justice of the Supreme Court; to sit as a member of a division of the Supreme Court for the purposes of any particular proceedings. 9.6.4. But a majority of the members of any division of the Supreme Court shall consist of persons currently holding office as Justices of the Supreme Court or acting under Article 9.15. 9.7 Jurisdiction 9.7.1. The Supreme Court has original and exclusive jurisdiction a) in any proceedings brought by the Government of the Iconian Empire seeking a ruling that any Assembly Act is wholly or partly invalid under this Constitution; b) in any proceedings brought by the Executive of an Assembly seeking a ruling that any Act of Parliament is wholly or partly invalid under this Constitution. 9.7.2. The Supreme Court has appellate jurisdiction in the following matters a) the interpretation and effect of this Constitution; b) any dispute (other than under paragraph 9.7.1) in which nations or regions are opposing parties, or in which the Iconian Empire and a nation or region are opposing parties; c) any proceedings alleging a contravention of the Bill of Rights, contained in Chapter 2; d) the validity, interpretation and effect of Acts of Parliament and subordinate legislation thereunder; e) any proceedings giving rise to a question of law (including the interpretation of statutes) in relation to which uniformity throughout the Iconian Empire or in more than one jurisdiction within the Iconian Empire is, in the opinion of the Supreme Court, desirable; f) the validity of any executive decision or act of the Government of the Iconian Empire or of any public body exercising powers under this Constitution or an Act of Parliament; g) the interpretation and effect of the laws of the international treaties giving rise to rights or obligations enforceable within the Iconian Empire; h) matters within the jurisdiction of other courts and tribunals of the Iconian Empire established under this Part. 9.7.3. There is a right of appeal to the Supreme Court, without leave, from any decision of a superior court in any part of the Iconian Empire holding an Act of Parliament (but not subordinate legislation thereunder) wholly or partly void. 9.7.4. In any other matter in which the Supreme Court has appellate jurisdiction, Act of Parliament or Rules of Court may require that leave be given for all or any category of appeals. 9.8 Additional jurisdiction 9.8.1. The Supreme Court may, on the invitation of the country or territory in question, exercise the jurisdiction in relation to appeals from countries or territories outside the Iconian Empire which, immediately prior to the coming into force of this Constitution, was exercised by the Judicial Committee of the Council of State. 9.8.2. For the purposes of proceedings under this Article, the powers of the Quaestor under Article 9.8.3. include power to invite any person who holds or has held office as a judge of the highest appellate court of any country or territory which has invited the Supreme Court to exercise jurisdiction, to sit as a member of a division of the Supreme Court. 9.8.4. The Supreme Court may exercise any further jurisdiction conferred upon it by Act of Parliament. 9.8.5. A Bill for such an Act shall not be presented to the Head of State for Assent, unless there is endorsed thereon a certificate of the Princeps Senatus to the Imperial Senate to that effect. 9.9 Binding force of decisions 9.9.1. Any decision of the Supreme Court (including a decision that it has jurisdiction to hear an appeal) is final and conclusive. 9.9.2. Until overruled by a subsequent decision of the Supreme Court, a decision of the Supreme Court is binding on all other courts in the Iconian Empire. 9.9.3. The Supreme Court is not bound by its own previous decisions. 9.10 Other Iconian Empire courts 9.10.1. Further courts and tribunals of the Iconian Empire may be established by Act of Parliament to exercise a) any specialised jurisdiction which may more appropriately be exercised within the Iconian Empire as a whole than separately within its parts; or b) any extra-territorial jurisdiction of the Iconian Empire. 9.10.2. Courts and tribunals so established may be designated as superior, intermediate or inferior courts. 9.10.3. Judges of courts and tribunals so established shall a) be selected from persons who have such qualifications as Act of Parliament may prescribe; and b) be appointed by the Minister of Justice, acting in accordance with the recommendation of the Iconian Empire Judicial Appointments Commission. 9.11 Iconian Empire Judicial Appointments Commission 9.11.1. There is established by this Constitution an Iconian Empire Judicial Appointments Commission, which consists of a) 10 representatives of the Judicial Services Commission for Aquilia and Lucia; b) 4 representatives of the Judicial Services Commission for Thessolakia; c) 2 representatives of the Judicial Services Commission for Pansa. 9.11.2. The representatives of the Judicial Services Commissions shall be selected by and serve on the Commission for the term of office fixed by, the Judicial Service Commission which they represent. Part 1. Judicial Services Commissions and Judicial Councils 9.12 Judicial Services Commissions and Judicial Councils 9.12.1. There are established by this Constitution a Judicial Services Commission and a Judicial Council. 9.12.2. The membership and structure of the Judicial Services Commission, and the membership of the Judicial Council are as set out in Chapter 13 Part 5. 9.13 Functions of Judicial Services Commissions 9.13.1. The Judicial Services Commissions shall perform the functions with respect to the appointment of judges, and the authorising of judges to sit, set out in Chapter 13 part 4, as the case may be. 9.13.2. The Judicial Services Commissions shall adopt procedures for the identification of candidates for judicial office which will ensure, so far as practicable, that adequate numbers of candidates of both sexes and from diverse racial, religious and social backgrounds are considered for appointment. 9.13.3. The Judicial Services Commissions shall establish procedures for considering complaints relating to legal proceedings and the capacity and conduct of judges of superior and intermediate courts. ¨ 9.13.4. Such procedures shall include powers a) to refer to the Judicial Conduct Tribunal under Part 4 any complaint where a prima facie case is shown of circumstances which, if proved, might justify removal of a judge from office; b) where a complaint of judicial misconduct or failure in the execution of office does not justify reference to the Judicial Conduct Tribunal i. to investigate it; and ii. if found proved, to draw the finding to the attention of the judge; iii. to direct compensation out of public funds. c) No complaint of the incorrectness of any judicial decision shall be considered. 9.13.5. The Judicial Services Commissions shall make an annual report to Parliament. 9.13.6. Further functions may be conferred on a Judicial Services Commission by Act of Parliament or Assembly, as appropriate. 9.14 Functions of Judicial Councils 9.14.1. The Judicial Councils shall advise the Minister of Justice or the Executives, as the case may be, on a) policy concerning the administration of and provision of resources for court services; and b) any other matter concerning the administration of justice on which the Minister of Justice or Executive requests advice or on which the Judicial Council thinks it appropriate to tender advice. Part 2. Judicial Independence and Conduct 9.15 Application of Part 4 a) This Part applies for the purpose of i. securing the independence of the judiciary; ii. dealing with judicial incapacity or misconduct and allegations thereof. 9.16 Protection of judicial salaries 9.16.1. A judge’s salary shall not be reduced, and no adverse changes shall be made in other conditions of service during tenure of office. 9.16.2. The salaries of judges of the Supreme Court, and other Iconian Empire courts, and of superior and intermediate courts shall be charged on the Consolidated Fund. 9.17 Tenure of judicial office 9.17.1. A judge ceases to hold office a) upon attaining the age of 70 years (or, in the case of judges of inferior courts, such lower age as Act of Parliament or of the competent Assembly may prescribe); or b) upon receipt by the Consul, Minister of Justice, or Chief Executive, as the case may be, of a letter of resignation from the judge; or c) upon removal from office in accordance with this Part; or d) upon acceptance of an office which is declared by this Constitution or Act of Parliament to be inconsistent with judicial office; or e) in the case of a judge of an inferior court, upon the expiration of any fixed term for which the appointment was made without the appointment having been renewed. 9.17.2. A judge who attains the retiring age may continue to act in any proceedings the hearing of which had com-menced before attaining that age. 9.17.3. No judge may be removed from office except on the ground of a) physical or mental incapacity which is likely to be permanent or prolonged; or b) serious judicial misconduct; or c) failure in the due execution of office; or d) having been placed, by personal conduct or otherwise, in a position incompatible with the due execution of office. 9.17.4. No judge may be removed from office except by the procedure specified in this Part. 9.17.5. A judge of a superior or intermediate court who is appointed to hold office for a fixed term which is renewable is entitled to have the appointment renewed unless a) the judge would attain the age of 70 before the expiry of the renewed term; or b) the appropriate Judicial Services Commission or the Iconian Empire Judicial Appointments Commission, as the case may be, directs that the appointment shall not be renewed. c) The Commission making such a direction shall, upon being requested to do so, give reasons to the judge. 9.18 Judicial Conduct Tribunals 9.18.1. Judicial Conduct Tribunals shall be established by Act of Parliament. 9.18.2. Each Tribunal shall consist of a) a President (who shall be a judge of a superior court); b) at least 2 other judicial members (who shall be judges of a superior or intermediate court); and c) at least 2 lay members. 9.18.3. For the purposes of this paragraph, the expression - “judge” does not include a part-time, temporary or unpaid judge; “lay” describes a person who has never qualified as a member of the legal profession or served as a judge (except as a part-time unpaid judge of an inferior court). 9.18.4. Lay members shall be appointed by the respective Judicial Services Commissions. 9.18.5. Judges shall be appointed by Judicial Services Commissions. 9.18.6. President shall be appointed by the Minister of Justice or Chief Executive. 9.18.7. No member of a Judicial Services Commission may at the same time be a member of a Judicial Conduct Tribunal. 9.19 Complaints relating to Justices of Supreme Court 9.19.1. Any complaint relating to a Justice of the Supreme Court or any judge of another Iconian Empire court shall a) be made to the President of the Supreme Court (or, if the complaint relates to the President, to the senior of the other Justices); and b) be referred to whichever of the Judicial Services Commissions the President or such other Justice thinks most appropriate. 9.19.2. If that Judicial Services Commission decides that there are grounds for referring the complaint to a Judicial Conduct Tribunal, a Judicial Conduct Tribunal shall be constituted consisting of the President of each Tribunal and one judicial member and one lay member from each of the three ordinary Tribunals. 9.20 Functions of Judicial Conduct Tribunals 9.20.1. Judicial Conduct Tribunals-shall investigate, as the case may be a) complaints relating to Justices of the Supreme Court or a judge of another Iconian Empire court referred under Article 9.19; or b) complaints relating to judges of superior or intermediate courts referred to them by the respective Judicial Services Commissions under Article 9.13.4; or c) complaints relating to a Director of Public Prosecutions or a Director of Civil Proceedings. 9.20.2. A Judicial Conduct Tribunal shall, if it finds the complaint proved, recommend the removal of the judge from office. 9.20.3. But the Tribunal may, if it finds that there has been judicial misconduct or failure in the due execution of office but that such misconduct is not sufficiently serious to justify removal from office, instead draw the attention of the judge to the finding. 9.20.4. In the case of a Justice of the Supreme Court or a judge of another Iconian Empire court, the Supreme Court has an original and exclusive jurisdiction to review the decision of the Judicial Conduct Tribunal under paragraph 9.20.2. 9.20.5. In other cases, a decision of a Judicial Conduct Tribunal under paragraph 9.20.2 is subject to judicial review but not to appeal. 9.20.6. A Judicial Services Commission or the Iconian Empire Judicial Appointments Commission may apply to the appropriate Judicial Conduct Tribunal for an order for the suspension of any judge (without loss of salary) against whom a complaint is pending, whether or not the complaint has been referred to the Tribunal. 9.21 Procedure for removal of judges 9.21.1. Where a Judicial Conduct Tribunal has recommended the removal from office of a Justice of the Supreme Court, a judge of another Iconian Empire court or a judge of a superior court – a) the Minister of Justice shall lay a resolution for the removal of the judge from office before Parliament; and b) the resolution shall take effect upon being passed by both Houses of Parliament. 9.21.2. Where a Judicial Conduct Tribunal has recommended the removal from office of a judge of an intermediate court, the Minister of Justice or the appropriate Chief Executive shall implement the recommendation. 9.21.3. A judge of an inferior court may a) be removed from office on a ground specified in Article 9.17.3; and b) be suspended pending the investigation of possible grounds for removal, by the Minister of Justice or the appropriate Chief Executive. 9.21.4. The Minister, or the Chief Executive, shall give reasons for any proposed removal from office and shall allow the judge to make representations. 9.21.5. The removal is subject to judicial review. 9.21.6. When a judge is removed from office on a ground other than incapacity, any pension rights in respect of the office may be removed or reduced. 9.21.7. In the case of a Justice of the Supreme Court, a judge of another Iconian Empire court or a judge of a superior or intermediate court, such rights may be removed or reduced only if, and to the extent, recommended by the appropriate Judicial Conduct Tribunal. 9.22 Judicial control of court business 9.22.1. Distribution of court business and the allocation and listing of cases shall be undertaken in accordance with Rules of Court and shall be under the supervision, and subject to the directions, of designated judges, who shall be selected as the appropriate Judicial Council shall determine.   CHAPTER 10. The Public services 10.1 Public Services 10.1.1. There is established by this Constitution a) a public service under the Government of the Iconian Empire; b) a public service under the Executive of each nation and region; c) a public service under each local authority. 10.1.2. This Part provides with respect to appointments to, and tenure of office in, the public service under the Government. 10.1.3. Provision shall be made by the Public Services Commission, by regulation, for appointments to, and tenure of office in, the public services under the Executives and local authorities. 10.1.4. Every public service shall be politically neutral. 10.1.5. Appointment in every public service shall be on the basis of merit only. 10.1.6. Nothing in this Chapter prevents a Minister from appointing a person to the public service under the Government, as a personal adviser to the Minister. a) Such person shall hold office during the Minister’s pleasure and on such terms as the Minister shall determine with the consent of the Public Services Commission. 10.1.7. The first duty of each public service, and of every person appointed to a public service, is to the Constitution. 10.1.8. Act of Parliament shall provide with respect to the procedures whereby executive agencies under the Government may be held accountable to Parliament. 10.2 Public Services Commission 10.2.1. There is established by this Constitution a Public Services Commission for the Iconian Empire. 10.2.2. The Public Services Commission consists of a Chief Commissioner and such number of other Commissioners (not being fewer than 12) as Act of Parliament shall prescribe. 10.2.3. The Chief Commissioner and the Commissioners shall be appointed by the Head of State, on the recommendation of such Select Committee as the Imperial Senate shall designate for the purpose, which shall make its selection from nominations made by the Minister having responsibility for the public service. 10.2.4. No person may be appointed as a Commissioner who is a member of, or candidate for election, to either House of Parliament, an Assembly or a local authority. 10.2.5. A Commissioner ceases to hold office a) at the expiry of 5 years from the date of appointment (which may be renewed); or b) upon the Commissioner attaining the age of 65 years; or c) on receipt by the Minister having responsibility for the public service of a letter of resignation from the Commissioner; or d) if the Commissioner is removed from office by the Head of State, upon grounds of misconduct or incapacity, acting in accordance with a resolution of the Imperial Senate; or e) if the Commissioner becomes a candidate for election to either House of Parliament, an Assembly or a local authority. 10.2.6. Commissioners shall receive salaries, and office and administrative facilities, appropriate to the full-time performance of their responsibilities.   10.3 Functions of Public Services Commission 10.3.1. The Public Services Commission has the duty a) to prepare, and from time to time amend, a Code of Professional Conduct for the public services; b) to prepare, from time to time, regulations with respect to the methods of recruitment to any public service; c) the terms and conditions of employment or appoint meant in any public service; d) the principles and procedures governing promotion and transfer within the public services; e) vetting of officers in the public services for security purposes; f) procedures for the discipline of officers in any public service; g) procedures for the hearing and settlement of the grievances of officers in any public service; and h) removal from office of officers in any public service. 10.3.2. The Public Service Commission shall adopt procedures for the identification of candidates for appointment to any public service which will ensure, so far as practicable, that adequate numbers of candidates of both sexes and from diverse racial, religious and social backgrounds are considered for appointment. 10.3.3. All public appointments, other than appointments to the public services, shall be made by the Head of State acting in accordance with the advice of the Public Services Commission. 10.4 Public Services Complaints Commission 10.4.1. The Public Services Commission shall establish a Public Services Complaints Commission for the public services. 10.4.2. Act of Parliament shall provide with respect to appointments, tenure of office and conditions of office of members of the Public Services Complaints Commission. 10.4.3. The Public Service Complaints Commission shall a) investigate complaints, including complaints by officers in a public service, concerning breaches or failures to comply with the Code of Professional Conduct or of the regulations governing a public service; b) malversation of a public service; c) improper conduct towards an officer in a public service by a Minister, a member of an Executive or an elected member of a local authority; and d) report its findings and any recommendations to the Public Services Commission and to Parliament 10.4.4. No public servant shall suffer any detriment for disclosing information to the Public Services Complaints Commission for the purpose of protecting the Constitution or for making a complaint.   CHAPTER 11. Administrative Justice 11.1 Juridical Review 11.1.1. Act of Parliament shall provide for a) judicial review of acts or omissions of persons or bodies in the performance of any public functions; and b) a general duty upon public authorities to give reasons for their decisions; c) effective remedies (including the payment of compensation) in cases where applications for judicial review are upheld. 11.1.2. Application for judicial review may be made by any person having a sufficient interest in the matter to which the application relates. 11.2 Commission for Public Administration 11.2.1. There is established by this Constitution a Commission for Public Administration a) the composition of which shall be determined by Act of Parliament; and b) the members of which shall be appointed by Parliament or, with the consent of Parliament, by the Assemblies. 11.2.2. The Commission shall act through such Commissioners for Administration, or divisions or committees, concerned with particular categories of public authorities or with public authorities in particular nations or regions, as Act of Parliament shall prescribe. 11.2.3. The Commission has the duty a) to investigate complaints from persons with sufficient interest in the matter, concerning failures of administration or unfair administration by public authorities; b) to investigate, on its own initiative or at the request of a Minister or an Executive, acts or omissions, practices or patterns of conduct of public authorities that appear to constitute failures of administration or unfair admini¬stration; c) to keep under review the constitution and workings of tribunals and statutory inquiries, and connected administrative procedures; d) to undertake research into, and to prepare and promulgate Codes of Conduct and other guidelines for, the promotion of standards of good administration with which public authorities may reasonably be expected to comply. 11.2.4. All acts and omissions of public authorities, and all public authorities, are subject to investigation under this Article, unless Parliament provides otherwise. 11.2.5. Act of Parliament shall provide a) for effective redress (including the payment of compensation) for persons whom the Commission finds to have been adversely affected by failure of administration or unfair administration; and b) with respect to the powers and procedures of the Commission. 11.2.6. The Commission shall report, as appropriate, to Parliament, Assemblies or local authorities its findings in relation to its investigations and its recommendations for consequential reforms. 11.2.7. The Commission shall submit an annual report to Parliament and to the Assemblies, which may include recommendations for improvements in any aspect of administrative justice. 11.3 Complaints procedures 11.3.1. Every public authority having dealings with the public shall establish a procedure for the receipt and investigation of complaints by members of the public concerning any such dealing and for redress where the complaint is upheld. CHAPTER 12. Protection of The Empire of Iconia 12.1 The Armed Forces 12.1.1. Acts of Parliament shall provide for, and regulate, the Armed Forces of the Iconian Empire, Imperial Defence Force, comprising the Imperial Navy, the Imperial Air Force, the Iconian Army, the Iconian Coast Guard together with the Territorial, Reserve Forces and other forces. 12.1.2. Each such Act shall expire at the end of the fifth year following its enactment and must be renewed. 12.1.3. Expenditure with respect to the Armed Forces shall be authorised by annual Appropriation Act. 12.1.4. There is established by this Constitution a Defence Council, consisting of the Minister having responsibility for defence (who shall chair the Council) and such other Ministers, officers in the public services or in the Armed Forces as Act of Parliament shall prescribe. 12.1.5. Act of Parliament shall provide with respect to appointments, tenure of office and conditions of office of members of the Council. 12.2 Declaration of war 12.2.1. Declarations of a State of War and declarations of a State of Peace shall be made by the Head of State by Order in Council. 12.3 Deployment of Armed Forces 12.3.1. The deployment of the Armed Forces during and in pursuit of a State of War is the responsibility of the Minister having responsibility for defence, acting in consultation with the Defence Council and subject to the general direction of the Cabinet, and in such manner as Act of Parliament may prescribe. 12.3.2. Act of Parliament shall regulate the deployment of the Armed Forces in support of the civil authorities and for the maintenance of national security or civil order. 12.3.3. Act of Parliament shall regulate the deployment of the Armed Forces in support of the civil authorities for a) the maintenance of essential supplies to preserve life and livelihood in a civil emergency; b) the undertaking of necessary work of urgent national importance. 12.3.4. Act of Parliament shall regulate the deployment of the Armed Forces in support of the civil community for the alleviation of distress and for connected purposes arising out of natural or other disaster or emergency. 12.3.5. The Minister responsible for national security and civil order or the Supreme Commander of the Armed Forces may, by order, direct deployment of the Armed Forces under paragraphs 12.2.2 to 12.3.4 but no such order may be made unless a draft of the order has been approved by Council of State. 12.3.6. The draft of any such order shall be accompanied by a certificate signed by at least four of the members, of the Council of State stating their assent to such deployment of the Armed Forces. The order expires at the end of 60 days after it is made, but it may be renewed in the manner provided in this paragraph. 12.3.7. Any executive action taken under this Article or under an Act of Parliament made thereunder is subject to judicial review. 12.3.8. Nothing in this Article prevents the taking of any measures which may be necessary for the purposes of defence against attack by armed force. 12.4 Visiting forces 12.4.1. No armed forces of any country outside the Iconian Empire, nor any weapons or equipment for the use of such forces, shall be a) based in the Iconian Empire, the other Iconian Islands or a dependent territory, or their territorial waters; or b) used from the landspace, airspace or territorial waters of the Iconian Empire, the other Iconian Islands or a dependent territory, without the prior consent of the Defence Council. c) Act of Parliament shall provide with respect to the armed forces of a country outside the Iconian Empire visiting the Iconian Empire, the other Iconian Islands or dependent territories, including the status, powers and responsibilities of those forces. 12.5 Police 12.5.1. Act of Parliament shall provide a) for the establishment, organisation, governance and financing of such number of police forces, serving such areas, as the Act shall prescribe; b) for the selection, appointment and conditions of service of police officers and, in particular, procedures for the identification of candidates which will ensure, so far as practicable, that adequate numbers of candidates of both sexes and from diverse racial, religious and social backgrounds are considered for appointment; c) for procedures for the discipline of police officers; d) for procedures whereby each police force can be held accountable with respect to the performance of its functions to such body of persons holding elected membership of Parliament, an Assembly or local authority as the Act shall prescribe; e) for the establishment of independent bodies with the duty of investigating, both on their own initiative and on complaints, acts, omissions and practices in connection with the performance of their functions by police officers or police authorities; f) for effective redress (including the payment of compensation) for persons adversely affected by the defective performance of such functions. 12.6 National security 12.6.1. For the purposes of this Constitution, the expression “national security” means a) the protection of the territorial integrity of the Iconian Empire and the safety of its citizens; and b) the maintenance of the system of government established by this Constitution and of the rights and privileges guaranteed by this Constitution against i. espionage, sabotage or subversion by deceptive or clandestine methods to undermine that system of government; or ii. the use of violence in pursuit of political ends, or against or between members of any group defined by the race, ethnicity, national origins or religious beliefs of its members. 12.6.2. No public authority shall be established for the purpose of national security, except as prescribed by Act of Parliament. 12.6.3. No person may undertake activities for the purpose of national security except as an officer, agent or employee of such a security service. 12.6.4. The provisions of this Constitution with respect to officers of the public service under the Government apply to the officers of any statutory security service. 12.6.5. But the Public Services Commission may make such special arrangements with regard to the officers of such a security service as may be necessary for the effective performance of its functions. 12.6.6. The Consul shall establish a National Security Committee of the Cabinet to exercise a general direction over the activities of all statutory security services. 12.6.7. The Consul and The Head of State a) are entitled to have access to all information and all records relating to the activities of any statutory security service; and b) in addition, the Consul is responsible to Parliament for their proper and lawful performance of their functions. 12.6.8. The Consul shall submit an annual report to Parliament concerning the activities of all statutory security services. 12.6.9. There may be excluded from the report any matter, the publication of which the National Security Committee, after consultation with the Inspector-General of Security Services, considers to be prejudicial to the proper performance of the functions of any such service. 12.7 Inspector-General of Security Services 12.7.1. There is established by this Constitution the office of Inspector-General of Security Services. 12.7.2. The Inspector-General shall be appointed by the Head of State on the advice of the Consul, who shall select from nominations made by the Public Services Commission. 12.7.3. The Inspector-General has the duty, in relation to the statutory security services a) to monitor compliance by them with their operational policies; b) to review their operational activities; c) to keep under review applications by them for, and the issue and execution of, warrants authorising entry upon or interference with property; d) to review their operational activities e) to keep under review application by them for, and the issue and execution of, warrants authorising entry upon or interference with property; f) to investigate complaints concerning any of their activities that appear to be unlawful, unauthorised, unreasonable or unnecessary; g) to investigate, on the Inspector-General’s own initiative or at the request of the Consul, any of their acts, omissions, policies or patterns of conduct that appear to be inconsistent with their operational policies or to constitute the improper performance of their functions; h) to make consequential recommendations to the National Security Committee, including recommendations for redress for persons whom the Inspector-General finds, in an investigation under this Article, to have been adversely affected. 12.7.4. The Inspector-General is entitled to have access to such information under the control of a statutory security service, and to request and receive such explanations from the security service, its officers, agents or employees, as the Inspector-General considers necessary for the performance of the duties of the office. 12.7.5. The Inspector-General shall a) report, as frequently as circumstances require, to the National Security Committee on the performance of the duties, and the findings of investigations, under this Article; and b) submit an annual report to such Select Committee as the Imperial Senate shall determine. c) There may be excluded from any such report, and from any other evidence from the Inspector-General to the Select Committee, any matter, the publication of which the National Security Committee, after consultation with the Inspector-General, considers to be prejudicial to the proper performance of the functions of any statutory security service. 12.7.6. The Inspector-General shall receive a salary, and office and administrative facilities, appropriate to the full-time performance of the responsibilities of the office.   12.8 Suspension of the Constitution 12.8.1. Where, in the opinion of the Consul or the Head of State, in the Iconian Empire or any part of the Iconian Empire a) a grave threat to national security or public order has arisen or is likely to arise; or b) a grave civil emergency has arisen or is likely to arise, c) the Head of State may, by Order in Council, make provision, to the extent strictly required by the exigencies of the situation and reasonably justified in a democratic society, suspending, in whole or in part, absolutely or subject to conditions, any of the provisions of this Constitution set out in paragraph 12.8.2. 12.8.2. Subject to paragraph 12.8.3, the following provisions may be suspended under this Article a) the provisions of the Bill of Rights contained in Part 1 of Chapter 2; b) Article 2.28, with respect to the communication of information to public authorities; c) Articles 6.9.1 and 7.1.5, with respect to the duration of Parliament and the Assemblies, Part 3 of Chapter 13, with respect to the electoral cycle; d) the provisions of an Act made under Article 6.19 in so far as it affects any provision of the Bill of Rights or relates to the civic rights of non-nationals under Article 3.4. e) the provisions of the Chapter 6 to 9. 12.8.3. The following provisions may not be suspended under this Article a) Article 2.1 (Right to life), except in respect of deaths resulting from lawful acts of war, b) Article 2.2 (Freedom from torture); c) Article 2.3 (Freedom from slavery); d) Article 2.4.7 (Treatment of persons in detention); e) Article 2.5.3 to 2.5.7 (Right to fair hearing in criminal cases); f) Article 2.6 (Prohibition of retrospective offences); g) Article 2.8 (Freedom of thought); h) Article 2.18 (Equality). 12.8.4. The validity of an Order in Council made under this Article may be challenged in proceedings for judicial review. 12.8.5. An Order in Council made under this Article has effect only for such time as shall be specified in the Order. 12.8.6. The duration of the Order may be extended, by resolution, by a majority of those voting in the Imperial Senate, if, and to the extent that, the making of a new Order in Council would be justified under this Article. 12.8.7. The Order of Council to dissolve the Legislative or Executive power shall be presented with detailed provision of temporary replacement and transfer of powers to the Council of State. 12.9 High state of emergency 12.9.1. The High State of emergency can be made if a) any article of the Constitution has already been suspended; and b) the Houses of Parliament have already been dissolved; and c) the Council of State accepts the proposal with majority vote. 12.9.2. During major emergency, all legislative and executive powers shall transfer to the Council of State under obligations under Article 12.8.7. 12.9.3. The Council of State shall make new executive organs taking the responsibilities of dissolved legislative and executive institutions. 12.9.4. The provisions of any Chapter can be suspended under High State of Emergency. 12.9.5. The High State of Emergency shall not be used in case of events under Article 12.8.1. Its use is reserved for exceptionally threatening international of national situation. 12.9.6. The emperor can issue Imperial Ordinances as necessary to maintain public safety or to avert public calamities in place of the law during the High State of Emergency. 12.10 Detention and powers in emergencies 12.10.1. Where a person is detained under an Order in Council made under Article 12.8 a) the person shall, as soon as reasonably practicable and not more than 8 days after commencement of the detention, be provided with a statement in writing, in a language that the person understands, specifying in detail the grounds of the detention; b) not more than 3 weeks after the commencement of the detention and thereafter during the detention at intervals of not more than 6 months, the detention shall be reviewed by an independent and impartial tribunal, the members of which shall be appointed by the appropriate Judicial Services Commission; c) the person shall be afforded reasonable facilities to consult a representative of his or her choosing and to appear, in person or through such a representative, before the tribunal. 12.10.2. The tribunal reviewing a detention under this Article may make recommendations concerning the necessity or expediency of continuing the detention, which shall be communicated to the detainee. 12.10.3. Unless Act of Parliament or the Order in Council otherwise provides, the authority by which the detention was ordered, after consideration of the recommendations, is not obliged to act in accordance with them.

  CHAPTER 13. Schedules 13.1 The areas of the assemblies 13.1.1. Aquilia 13.1.2. Lucia 13.1.3. Thessolakia 13.1.4. Viridia 13.1.5. Pansa 13.1.6. Principality of Aurelia 13.1.7. Principality of Alania 13.1.8. Principality of Nola 13.2 Calculation of revenue sharing 13.2.1. The personal income tax shall be an Iconian Empire tax with a common definition of taxable income and common rates and allowances set annually by Act of Parliament and administered by Ministry of Finance. 13.2.2. There shall be allocated to the Assembly for each nation or region the estimated product of the personal income tax accruing to the residents of that nation or region. 13.2.3. For the first financial year after the coming into force of this Constitution, the Comes Largitionum shall calculate for the Iconian Empire an average per capita expenditure in relation to the functions to be performed by the and their Executives. 13.2.4. In each following year, that calculation of expenditure a) shall be adjusted by reference to the growth of the Gross Domestic Product; b) shall not be adjusted to reflect changes in the actual expenditure of the Assemblies and their Executives. 13.2.5. The average per capita expenditure for the Iconian Empire shall be multiplied by the population of each nation or region to derive the expected expenditure in respect of that nation or region. 13.2.6. The expected expenditure for each nation or region shall be compared with the allocation under paragraph 13.2.2. 13.2.7. Any nation or region whose allocation exceeds its expected expenditure shall have the surplus deducted from that allocation. 13.2.8. Any nation or region whose allocation falls short of its expected expenditure shall receive an additional allocation equivalent to the shortfall. 13.2.9. Act of Assembly may vary the rate of income tax levied within the nation or region by 1 or 2 or 3 IC in the pound below or above the standard rate set by Act of Parliament. 13.2.10. Where an Act of an Assembly reduces the standard rate of income tax, its allocation shall be reduced by an amount equal to the revenue lost in consequence of the reduction. 13.2.11. Where an Act of an Assembly increases the standard rate of income tax, its allocation shall be increased by an amount equal to the revenue raised in consequence of the increase. 13.3 Elections Part 1. Parliamentary Constituencies. The Imperial Senate. a) The Electoral Commission shall determine a common electoral quota for the whole of the Iconian Empire by dividing the total electorate of the Iconian Empire by the number of seats in the Imperial Senate as fixed for the time being by Act of Parliament. b) The number of seats in the Imperial Senate for each nation and region shall be determined by i. dividing the electorates of Aquilia, Lucia, Thessolakia and Pansa by the common electoral quota; and ii. allocating of Aquilia, Lucia, Thessolakia and Pansa that number of the total number of the seats in the Imperial Senate that is in direct proportion to the product of the relevant division. 13.3.2. The number of constituencies shall be equivalent to half the total number of seats in the Imperial Senate as fixed for the time being by Act of Parliament. 13.3.3. In making its recommendations with respect to boundaries of Imperial Senate constituencies, the Electoral Commission shall a) as far as possible, have regard to the boundaries of local authorities; b) ensure that no boundary of any Imperial Senate constituency crosses a boundary of a nation or region; and c) subject to those considerations and the factors of distance and density of population, ensure that the electorate of each Imperial Senate constituency is as near as practicable equivalent to that of every other such constituency. 13.3.4. The recommendations of the Electoral Commission with respect to boundaries of Imperial Senate constituencies a) shall be laid before the Imperial Senate by its Princeps Senatus; and b) shall not take effect until approved by resolution of the House. Part 2. Parliamentary Constituencies. Chamber of Deputies. 13.3.1. The Electoral Commission shall determine a common electoral quota for the whole of the Iconian Empire by dividing the total electorate of the Iconian Empire by the number of seats in the Chamber of Deputies as fixed for the time being by Act of Parliament. 13.3.2. The number of seats in the Chamber of Deputies for each nation and region shall be determined by a) dividing the electorates of Aquilia, Lucia, Thessolakia and Pansa by the common electoral quota; and b) allocating to Aquilia, Lucia, Thessolakia and Pansa that number of the total number of the seats in the Chamber of Deputies that is in direct proportion to the product of the relevant division. 13.3.3. In making its recommendations with respect to the number of constituencies, and their boundaries, in respect of the seats in the Chamber of Deputies allocated to each nation or region, the Electoral Commission shall ensure that a) no boundary of any constituency crosses a boundary of a nation or region; and b) subject to that consideration and the factors of distance and density of population, the electorate of each Chamber of Deputies constituency in a nation or region is as near as practicable equivalent to that of every other such constituency in that nation or region; c) the number of seats in each Chamber of Deputies constituency is within the limits set by Article 8.3.2. 13.3.4. Nothing in this Part prevents the constitution of a nation or a region as a single constituency. 13.3.5. The recommendations of the Electoral Commission with respect to the numbers and boundaries of Chamber of Deputies constituencies a) shall be laid before the Chamber of Deputies by its Princeps Senatus; and b) shall not take effect until approved by resolution of the House. Part 3. Election of Members of Parliament. The Imperial Senate. 13.3.1. At each general election, and in any by-election, for the Imperial Senate, the candidate who has secured the largest number of votes in a constituency shall be declared elected. 13.3.2. As soon as practicable after the declaration of the final results of a general election for the Imperial Senate, the returning officer for each nation or region shall a) compare the votes cast for each political party contesting the election in that nation or region with the number of seats won in the House by that party; and b) declare the number of additional members in the House for each political party, in order that the proportion of the seats held by that party in the House in respect of that nation or region corresponds as closely as possible to the proportion that the votes cast for that party in the nation or region bear to the total votes cast there. 13.3.3. No additional member of the Imperial Senate in respect of any nation or region shall be declared for any political party for which the number of votes cast in that nation or region in respect of that House is less than 5 per cent of the total of all such votes. 13.3.4. The additional members for the Imperial Senate in respect of a nation or region shall be determined as Act of Parliament shall prescribe. Part 4. Election of Members of Parliament. Chamber of Deputies. 13.3.1. At each general election, and in any by-election, for the Chamber of Deputies, the candidate who receives the necessary quota of votes under a system of single transferable voting shall be declared elected. 13.3.2. A system of single transferable voting is one in which each vote a) is capable of being given so as to indicate the voter’s order of preference for the candidates for election for the constituency; and b) is capable of being transferred to the next choice i. when the vote is not required to give a prior choice the necessary quota of votes; or ii. when, owing to the deficiency in the number of votes given for a prior choice, that choice is eliminated from the list of candidates. c) Act of Parliament shall prescribe the method of voting, and the method of counting and transferring votes, and different provision may be made in those respects in relation to general elections and by-elections. Part 5. The Electoral Cycle 13.3.1. A general election for both Houses of Parliament shall be held on the first Thursday following 2nd April 181-, 13.3.2. Notwithstanding Article 6.9.1, the term of the first Chamber of Deputies is 2 years, and accordingly a general election for the Chamber of Deputies shall be held on the first Thursday following 2nd April [181- + 2]. 13.3.3. Subsequent general elections shall be held, in respect of each House, on the first Thursday following 2nd April in the fourth year following that in which the previous general election was held. 13.3.4. In the case of a dissolution of the Imperial Senate, a general election of members of the House shall be held within 3 months following the Proclamation made under Article 6.9.5. 13.3.5. Elections for the Assemblies shall be held on the first Thursday following 2nd April [181- + 1] and thereafter in the fourth year following that in which the previous elections were held. 3. 13.3.6. Elections for local authorities shall be held on the first Thursday following 2nd April [181- + 3], and thereafter in the fourth year following that in which the previous local authority elections were held. 13.4 National Courts Part 1. Courts 13.4.1. The courts are a) a Iconian Supreme Court (which is a superior court) b) a Court of Appeal (which is a superior court); c) a High Court for civil, criminal and public proceedings (which is an intermediate court); d) such other courts and tribunals, as may be established by Act of Parliament (which may be designated either as intermediate or inferior courts). 13.4.2. The Iconian Supreme Court consists of a) the Quaestor Sacri Palatii b) such number of other Justices (not being fewer than 20) as Act of Parliament may prescribe. 13.4.3. The Court of Appeal consists of a) the Praetor; and b) such number of other Justices (not being fewer than 25) as Act of Parliament may prescribe. 13.4.4. The High Court consists of the Praetor Peregrinus and such number of other Justices (not being fewer than 50) as Act of Parliament may prescribe. 13.4.5. Except for the duration of any vacancy a) the Justices of the Iconian Supreme Court shall include at least 2 persons; and b) the Justices of the Court of Appeal shall include at least 2 persons; and c) the Justices of the High Court shall include at least four persons, who have been judges of intermediate courts in or have substantial experience of legal practice. 13.4.6. The number and title of judges of intermediate and inferior courts shall be such as Act of Parliament may prescribe. Part 2. Judicial Qualifications 13.4.1. Judges of superior and intermediate courts shall be selected from a) persons who have rights of audience in the courts to which they are to be appointed; or b) in the case of judges of a superior court, persons who have served as judges of another superior court or of an intermediate court; or c) in the case of judges of an intermediate court, persons who have served as judges of another intermediate court or an inferior court and who have such further qualifications (if any) as may be prescribed by Act of Parliament. 13.4.2. Nothing in this Section prevents the appointment of lay members of a court of specialised jurisdiction to sit with a presiding judge qualified under this Section. 13.4.3. Judges of inferior courts shall be selected from persons who have such qualifications as may be prescribed by Act of Parliament. Part 3. Appointment of judges 13.4.1. The Quaestor Sacri Palatii of the Iconian Supreme Court shall be appointed by the Head of State 13.4.2. The Praetor of the Court of Appeal shall be appointed by the Minister of Justice 13.4.3. The Praetor peregrinus of each of the High Courts shall be appointed by the Head of State. 13.4.4. The Minister of Justice shall make the appointment to fill any vacancy by selecting one out of two persons whose names shall be submitted for consideration by the Judicial Services Commission (subject to the right to invite the Commission to reconsider the submission). 13.4.5. Subject to this Section, judges of intermediate and inferior courts shall be appointed by the Minister of Justice, acting in accordance with the recommendation of the Judicial Services Commission. Part 4. Supplementary appointments 13.4.1. The Judicial Services Commission may authorize a) a judge of any court to sit as a judge of a court of equal or lesser jurisdiction; b) any person who is eligible for appointment as a judge of any court or who is a retired judge of any court to sit as a temporary judge of that court; c) any person who is eligible for appointment as a judge of any court to sit as a part-time judge of that court. 13.4.2. But at least half the members of any division of the Court of Appeal shall consist of persons currently holding office as Justices of the Court of Appeal or permitted by this Constitution to act after attaining retiring age. 13.4.3. Authorisation under this Section may be given by general rules and may be delegated to such persons as appear to the Judicial Services Commission to be appropriate. 13.4.4. Assistant judges of any court may be appointed for the purpose of dealing with interlocutory, uncontested or other subsidiary matters. 13.4.5. For the purposes of appointment and tenure, assistant judges of a superior court shall be treated as judges of an intermediate court and assistant judges of an intermediate court shall be treated as judges of an inferior court. Part 5. Jurisdiction of Court of Appeal 13.4.1. The Court of Appeal is the highest appellate court. 13.4.2. The Court has jurisdiction to hear appeals from any decision of the High Court or an intermediate or inferior court, subject to a) Article 9.3.3; b) the giving of leave to appeal, where required by Act of Parliament or Rules of Court; c) any Act of Parliament excluding or limiting rights of appeal in any class of proceedings; d) in the case of appeals from an inferior court, any intermediate appeal procedures which may be established by Act of Parliament. 13.4.3. The Upper Court of Appeal is the Iconian Supreme Court. Part 6. Constitutional jurisdiction of High Court 13.4.1. Any reference made under Article 9.3.1 and 9.3.2 shall be made to the High Court 13.4.2. There is a right of appeal to the Court of Appeal without leave from any decision of the High Court, or of a Crown Court that an Assembly Act is wholly or partly void. 13.4.3. Any proceedings in which a) the plaintiff, applicant or accused claims that there has been a contravention of the Bill of Rights, contained in Chapter 2; or b) the plaintiff, applicant or accused challenges the validity of i. any subordinate legislation made under an Act of Parliament or of an Assembly; or ii. any executive decision of the Government of the Iconian Empire or of the Executive for Wales or for a region or of any body exercising powers under this Constitution; or iii. a substantial issue as to the interpretation of this Constitution arises, may be commenced in the High Court, without prejudice to the exercise of any power of the High Court to transfer such proceedings to another court. 13.4.4. In a) any such proceedings as are mentioned in subsection 13.4.3; or b) any proceedings in which a claim that an Act of Parliament or of an Assembly is wholly or partly void has been dismissed, no restriction may be placed on any right of appeal to the Court of Appeal unless the claim or challenge is frivolous, vexatious or an abuse of the process of the court. Part 7. Sittings of High Court 13.4.1. Provision shall be made for regular sittings of the High Court and the Crown Court at one or more places in each region. Part 8. Rules Committee 13.4.1. There shall be Rules Committees, the membership of which shall be prescribed by Act of Parliament, which shall make, amend and keep under review Rules of Court for practice and procedure. 13.5 Judicial services commission and judicial council 13.5.1. The Judicial Services Commission consists of a) a lay President; b) 5 judges (who shall include at least one Justice of the Court of Appeal, at least one Justice of the High Court and at least one judge of an intermediate court) who shall be elected by the judges by such method as Act of Parliament shall prescribe; c) 2 persons who have regularly exercised rights of audience in the superior courts for not less than 15 years; d) 6 other lay members, who shall be broadly representative of the community. 13.5.2. The Judicial Services Commission may act notwithstanding any vacancy in its membership. 13.5.3. For the purposes of this Section, the expressions “judge” and “lay” have the meanings given by Article 9.18.2. 13.5.4. The members of the Judicial Services Commission (other than judicial members) shall be appointed by the Minister of Justice after consultation with the Quaestor Sacri Palatii and the Praetor Peregrinus of the High Court. 13.5.5. The lay members shall be selected by the Minister of Justice from a list of names submitted by the Public Services Commission. 13.5.6. If either of the Quaestor Sacri Palatii or the Praetor Peregrinus records dissent from a proposed appointment, the fact of the dissent shall be published if the Minister proceeds with the appointment. 13.5.7. The members of the Judicial Services Commission shall be appointed for such terms (being not less than 5 years) as Act of Parliament may prescribe. 13.5.8. No person may be appointed for a term which would expire after that person attains the age of 70 years. 13.5.9. A member of the Judicial Services Commission ceases to hold office a) upon the expiry of the terms of the appointment (which may be renewed); b) if the member ceases to have the qualification necessary for appointment; c) on receipt by the Minister of Justice of a letter of resignation from the member; d) in the case of a judicial member, if the member is removed from office under Part 2 of Chapter 9; e) in the case of a non-judicial member, if the member is removed from office by the Public Services Commission; f) if the member accepts an office which is declared by the Constitution or Act of Parliament to be inconsistent with membership of the Judicial Services Commission. 13.5.10. Conditions of service of Commission members 13.5.11. Membership of the Judicial Services Commission, and Regional Appointment Committees shall be part-time, except that the President of the Judicial Services Commission shall serve fulltime. 13.5.12. Non-judicial members shall receive such pay as may be determined by the Minister of Justice in consultation with the Treasury. 13.6 Administration of Commission 13.6.1. The Judicial Services Commission shall a) employ its own staff (subject to the approval of the Treasury as to the numbers and salaries of staff); and b) provide the administration services required by the Regional Appointments Committees. 13.7 Judicial Council 13.7.1. The Judicial Council consists of representatives of Justices of the Court of Appeal, of Justices of the High Court, of judges of intermediate courts and of judges of inferior courts (including at least one judge of an intermediate or inferior court in Wales). 13.7.2. Act of Parliament shall provide for the method of selection and terms of office of the members. 13.8 Words of enactment 13.8.1. In every Bill presented to the Head of State for Assent, other than a Bill mentioned in paragraphs 2 to 6, the words of enactment shall be as follows a) “Be it enacted by the Head of State by and with the advice and consent of the Imperial Senate and the Chamber of Deputies of the Iconian Empire and by the authority of the same, as follows” 13.8.2. In every Bill presented to the Head of State for Assent under Article 6.16 or 6.17, the words of enactment shall be as follows“ a) Be it enacted by the Head of State by and with the advice and consent of the Imperial Senate of the Iconian Empire in accordance with the provisions of Article 6.16 (or Article 6.17, as the case may be) of the Constitution of the Iconian Empire and by the authority of the same as follows 13.8.3. In every Bill to amend this Constitution to which Article 6.18.1 or Article 6.18.2 applies that is presented to the Head of State for Assent, the words of enactment shall be as follows a) “Be it enacted by the Head of State by and with the advice and consent of the Imperial Senate and the Chamber of Deputies of the Iconian Empire in accordance with the provisions of Article 6.18.1 (or Article 6.18.2, as the case may be) of the Constitution of the Iconian Empire, and by the authority of the same as follows – 13.8.4. In every Bill to amend this Constitution to which Article 6.18.3 also applies, to the words of enactment set out in paragraph 3, there shall be added, immediately before the expression “of this Constitution”, the following expression a) “, and after being duly ratified by Assemblies in accordance with Article 6.18.3, ” 13.8.5. In every Bill to amend this Constitution to which Article 6.18.4 also applies, to the words of enactment set out in paragraph 3, there shall be added, immediately before the expression “of this Constitution”, the following expression – a) “, and after approval by referendum in accordance with Article 6.18.4,”. 13.8.6. In every Constitutional Bill to which Article 6.19 applies that is presented to the Head of State for Assent, the words of enactment a) “Be it enacted by the Head of State by and with the advice and consent of the Imperial Senate and Chamber of Deputies of the Iconian Empire in accordance with the provisions of Article 6.19 of the Constitution of the Iconian Empire and by the authority of the same, as follows ”.  




Non potest prohibere progressum! Senatus et Populus, Coronam, Invicta