Reviewed version of the Constitution

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Article I: Bill of Rights

The Bill of Rights shall constitute the integral part of the Constitution and shall be binding upon all branches of the Public Administration and its Members and Agents both within and outside the territory of the Free Republic of Liberland. It shall be capable of creating criminal offences prosecuted before the Courts of the Free Republic of Liberland and be of assistance when interpreting other Parts of the Constitution. The Bill of Rights shall also establish general rules governing the law of the Free Republic of Liberland.

§I.1. The Constitution of the Free Republic of Liberland shall be the supreme law of the Free Republic of Liberland and as such shall be directly enforceable before all Courts of the Free Republic of Liberland; all Acts passed by the Assembly, all international treaties signed by the Cabinet and all Executive Measures issued by the Cabinet shall comply with the Constitution; all contracts between any legal and/or natural Persons, including all branches of the Public Administration, made under the jurisdiction of the Free Republic of Liberland shall comply with the Constitution. §I.2. The Free Republic of Liberland shall be governed by the Public Administration and no concurrent or otherwise form of government shall be established; no special branch of the Public Administration which is not provided for in the Constitution shall come into existence; no municipal or district governing body shall be established; should the Public Administration abandon the Constitution, the Citizens of the Free Republic of Liberland shall have the right and duty to abolish such government and institute a new government, adhering to this Constitution. §I.3. The Powers of the Public Administration shall be derived solely from the provisions of this Constitution and neither the Public Administration nor any Agent thereof, shall possess any inherent authority; the Public Administration shall neither have nor exercise any power other than those expressly conferred upon it by this Constitution. §I.4. The enumeration of certain rights in this Constitution shall not be construed as to deny or disparage others retained by the Citizens and other Residents of the Free Republic of Liberland; all Rights enumerated in this Constitution shall be exercisable where no equal Rights of others are infringed by fraud, force, whether physical or psychological, or threat thereof. §I.5. All Persons within the jurisdiction of the Free Republic of Liberland shall be bound to observe the Constitution and all laws passed by the Assembly in accordance with this Constitution; no Member or Agent of the Public Administration, or any other entity, shall be excluded from the operation of any law passed by the Assembly; all bodies of the Public Administration shall comply with laws passed by the Assembly in accordance with the Constitution. §I.6. All Members and Agents of the Public Administration intentionally acting in breach of the law relevant to the position held or the Constitution shall be criminally liable for their actions and, upon conviction, shall be removed from the office and shall never hold any public office again; acting pursuant to an Act which has been approved as prima facie constitutional by the Supreme Court shall not be deemed as acting unconstitutionally regardless of any future declaration of any Court as to the Act's true constitutionality; introducing, lobbying and voting for a Bill which is declared unconstitutional shall not be deemed as acting unconstitutionally. §I.7. All decisions of any branch of the Public Administration and actions undertaken by its Agents and all Executive Measures issued by the Cabinet, excluding verdicts of any Court of the Free Republic of Liberland, shall be subject to challenge in the Civil Court by a Person in whose respect the decision was given or action undertaken, or any other Person who can prove his or her interest in that decision; the right shall be exercisable once all administrative appeals have been exhausted; should the decision, action or Executive Measure be aimed at no particular Person, any Citizen shall have standing to seek redress in the Civil Court; the right to challenge shall be exercisable within sixty days and, without prejudice to the appeal procedures, such challenge shall be admissible once only. §I.8. No branch of the Public Administration, nor any number of Citizens or Residents of the Free Republic of Liberland, shall propose and/or consent to the incorporation of the Free Republic of Liberland, or any part thereof, to any other jurisdiction. §I.9. Any ambiguity in this Constitution or any Act of the Assembly shall be resolved so as to give the greatest liberty from restraint imposed by law or this Constitution on any Person's conduct; and so as to provide for the least extensive power for any branch of the Public Administration, their Members and Agents, consistent with the clear meaning of the provision in question; this Constitution, Acts passed in accordance thereof and Executive Measures issued under powers delegated to the Cabinet by relevant Acts shall be the only instruments capable of binding the public. §I.10. All statements and declarations made by any Individual to any body of the Public Administration shall be presumed to be truthful and made in good faith unless there is evidence to the contrary. §I.11. All Citizens of the Free Republic of Liberland shall have the right of free-of-charge access to information which relates to any aspect of the functioning of the Public Administration which is not classified as a state secret and which does not contain any personal information; information shall be classified as a state secret by a responsible Secretary of State with the express and informed consent of two-thirds of the overall number of Assembly Representatives as discussed in camera, and for the purposes of national security only, and for a period not exceeding one year; no Person shall be convicted for disclosure of any information so classified if that piece of information proves or could be reasonably believed to prove that any Agent or Member of the Public Administration has breached, remains in breach of or intends to breach the law or the Constitution. §I.12. No law shall regulate any printed materials, radio, television, the Internet or any other medium of exchange of information; no law shall regulate the rules concerning uploading, transmitting, displaying, accessing and/or publishing such information; nor shall any law introduce licensing and/or registration to infringe upon these rights; nothing in this provision shall prevent the Assembly from protecting well-being of non-Individuals and privacy of personal data; publishing and/or sharing information classified as state secret or related to the work of Agents of Law Enforcement operating undercover pursuant to a Warrant shall be subject to control as described in this Constitution. §I.13. No law shall prohibit video and/or audio recording of any Agent of the Public Administration in public space or all other areas where there is no reasonable expectation of privacy and whilst on duty; the affairs of the Assembly, other than the debate and vote on the classification of information as a state secret, and all proceedings of all Courts, other than proceedings concerned with Publication Orders, shall be archived and made available to the general public; all Bills passed by the Assembly and all verdicts and decisions given by all Courts of the Free Republic of Liberland shall be archived and published. §I.14. All private personal data collected by the Public Administration shall be used only for the purposes for which they were collected, shall be kept confidential and shared only with the consent of the all Persons to whom it relates, unless sharing such information is necessary for the performance of duties provided for under this Constitution; all Individuals whose data are stored by any body of the Public Administration other than Law Enforcement shall be entitled to obtain a copy of such data and require that they be destroyed if the purposes for which they were collected no longer apply; nothing in this provision shall prevent the Public Administration from maintaining a fully public register of land, its owners, and charges; recording and publishing the affairs of the Assembly and the Courts of the Free Republic of Liberland as provided in the Constitution; storing data of Agents and Members of the Public Administration and any other legal or natural Person contracting thereof. §I.15. All Warrants in the Free Republic of Liberland, other than the Supreme Warrant, shall be issued by a Judge of the Criminal Court upon request by an Agent of Law Enforcement and shall be supported by evidence of probable cause; such Warrants shall be as detailed as possible and shall refer to one Person only; every Warrant granted for a continuous action shall expire no later than after one year and shall be renewed by another Judge in accordance with ordinary procedure. §I.16. Law Enforcement shall not be in disposition of any weaponry other than small arms equal to ones in disposition of Individuals; should the voluntary Territorial Defence be constituted, it shall not be in disposition of any weaponry other than small arms and light weapons. §I.17. No Person's privacy shall be violated by freeze of assets, searches, seizures, surveillance, accessing and gathering of their personal information without his or her express and informed consent, including obtaining it from third parties and/or using digital means, unless pursuant to a Warrant, and only to the extent which is necessary to attain the purpose for which the Warrant was issued and particularly describing the assets to be frozen, the places or Persons to be searched, the things or Persons to be seized, the Persons to be put under surveillance, including the maximum period of that surveillance, and the data to be obtained and stored, including the period for which it may be retained; nothing in this provision shall prevent the collection of information which has been made available to the public or shared voluntarily. §I.18. No Individual shall be required to register and/or share information about his or her whereabouts, be it permanent or temporary, assets, be it tangible or intangible, and/or signed contracts, being it employment, commercial or otherwise, unless pursuant to a Warrant; nor shall any Person be required to register and/or share information about any personal attributes such as medical conditions, fingerprints, DNA, religion, political affiliation or others unless pursuant to a Warrant; nothing in this provision shall prevent the Public Administration from maintaining a register of owners of land within the Free Republic of Liberland. §I.19. No Person shall be convicted of any criminal offence which has not been expressly created by an Act of the Assembly or this Constitution; no law shall criminalise any action or omission which does not directly harm any living being; nor shall any law criminalise any action or omission which has been consented to by another Individual; no Individual shall be capable of harming himself or herself; nothing in this provision shall prevent the Assembly from criminalising conduct interfering with the work of the criminal justice system, attempting or procuring a criminal offence, or knowingly giving any form of direct aid to a Person committing an offence. §I.20. No Individual shall be compelled to identify themselves to any Agent of the Public Administration, unless upon arrest or pursuant to a Warrant; no Individual shall be medically examined or otherwise tested unless pursuant to a Warrant or with the Individual's express and informed consent. §I.21. No Agent of the Public Administration shall operate undercover without a Warrant, and such Warrant shall specify the purposes for which it was issued; no Agent whilst executing a Warrant shall exceed the scope of the authority expressly granted therein, nor shall any Agent acting undercover use any method of entrapment to obtain evidence incriminating any Person; once the function for which the Warrant was issued has been carried into effect or abandoned, the Agent shall disclose to the Court issuing the Warrant a full report of all actions undertaken and evidence gathered whilst acting undercover; no evidence obtained pursuant to a Warrant permitting an Agent to act undercover shall be admissible against any Person unless all the said report and evidence is disclosed to that Person and to the Court. §I.22. The powers of arrest in the Free Republic of Liberland shall lie with Agents of Law Enforcement, Citizens and Residents of the Free Republic of Liberland and the Courts of the Free Republic of Liberland as described in this Constitution and any laws passed in accordance thereof; such powers shall not be exercised arbitrary or without any evidence but only upon probable cause and where it is absolutely necessary for the protection of others or where an accused is likely to escape justice or interfere with the investigation. §I.23. No Person shall be placed under arrest by any Agent of Law Enforcement for more than twenty-four hours without a Warrant; Agents of Law Enforcement executing arrests shall act openly and shall inform the detainee about the rights one enjoys under this Constitution and any laws passed in accordance thereof; all arrests pursuant to a Warrant shall not be longer than absolutely necessary to bring the accused to trial; should the accused be already placed under arrest, the prosecution shall be under an obligation to notify him or her of a Court hearing regarding the Warrant in question, and enable the accused to address the Court, either in person or via legal representation; where a Person is placed under arrest, Agents of Law Enforcement shall immediately inform his or her close ones about the detention. §I.24. No Person shall be placed under arrest by any Citizens or other Residents of the Free Republic of Liberland unless upon a justified suspicion that such Person has committed or is committing a criminal offence, and only for a very brief period until the arrival of Agents of Law Enforcement. §I.25. All Persons imprisoned before, during and/or after the trial shall have the unconditional right to contact in private his or her legal counsel, nor shall any law deprive any such Person of the right to communicate with relatives and other close ones both in person and using indirect means of communication unless there be reasonable suspicion that so doing is likely to interfere with the course of justice and a Warrant preventing such communication on said grounds has been issued. §I.26. No evidence which has been obtained contrary to law or the Constitution shall be admitted in the Criminal Court unless the violation was committed by a third party who did not act under the direction and/or supervision of said Agent or Member or knowledge thereof. §I.27. No Person shall be convicted of a criminal offence later than a year after the Warrant for custody of said Person was executed in connection with that offence and the Person was taken into custody; should said Person escape or commit any subsequent criminal offence, a new Warrant for custody may be issued. §I.28. No Person shall be required to pay excessive bail and/or fines; nor shall the Criminal Court be required to sentence a defendant who has been convicted of a criminal offence to excessive incarceration should said offence alone inflicted no actual harm on any Person. §I.29. No Person shall be convicted of any criminal offence if the only evidence incriminating the accused is testimony given by any number of Agents and/or Members of the Public Administration that is uncorroborated by any other presented physical and/or digital evidence, victim and/or third party witness testimony or voluntary confession; nothing in this provision shall prevent prosecution of an accused solely on the basis of testimony given by an Agent or Member of the Public Administration where he or she is the only victim of an alleged offence and the act or omission which gave rise to prosecution took place whilst not on duty. §I.30. No Person shall be convicted of more than one criminal offence for one act or omission he or she is accused of; nor shall one be put twice in jeopardy of a penalty for the same offence, whether by the Private or Public Prosecution. §I.31. All defendants under prosecution shall have the right to attend the Court proceedings; to examine all evidence gathered by the Prosecution; to a speedy, public and impartial trial by Jury; to be informed of criminal charges and of his or her rights; to compel witnesses to appear in Court for examination; to be presumed innocent until proven guilty beyond reasonable doubt; to not be compelled to be a witness against oneself, or close ones as prescribed by law; and to all other Rights guaranteed by the Constitution and all laws passed in accordance thereof; should any Person be convicted in breach of due process of law as enumerated in this and other provisions of this Constitution, the trial Judge shall take that under advisement when considering dismissing the charges or overturning the verdict. §I.32. All defendants under arrest and/or prosecution shall have the right to be assisted by a legal counsel and an interpreter, should one not speak the language of court proceedings; such services shall be contracted by the defendant personally or, should he or she not be able to afford it, they shall be provided by the Secretariat of the Judiciary; should the service of a legal counsel and/or an interpreter be provided by the Secretariat of the Judiciary, the Secretariat shall be allowed to recover reasonable expenses from the defendant in case one is found guilty by the Jury and the verdict is not overturned by the Supreme Court. §I.33. No torture or other cruel treatment shall be inflicted by any Agent or Member of the Public Administration or under the supervision or knowledge thereof, whether within or outside the jurisdiction of the Free Republic of Liberland, against any Person; nor shall any experiments, medical or otherwise, be conducted against any Person without his or her express and informed consent. §I.34. All Individuals shall have the right to control their own bodies; no Individual shall be subjected to any medical treatment without his or her express and informed consent absent exigent circumstances where an Individual is incapable of consenting; nor shall any Minors or those who lack mental capacity be subjected to any form of treatment without either the express and informed consent of their Guardian or with their own consent where allowed by law unless under exigent circumstances where neither the Guardian nor the patient is capable of consenting; a Guardian's decision shall be capable of being overridden by an order of the Civil Court where the doctors are able to prove that the decision in question is not in the best interest of the patient and the treatment is essential for his or her life; nor shall Minors and those who lack mental capacity be subjected to any permanent and/or harmful treatment which is not medically necessary. §I.35. No relationship amounting to slavery or any other form of involuntary servitude shall exist between any legal or natural Person and any other Person; no conscription or any other form of compulsory service shall be introduced by any branch of the Public Administration. §I.36. All Individuals shall have the right to own, manufacture, sell, transfer, transport, bear and use any small arms, as defined internationally, arms accessories or ammunition, be they historic, contemporary and/or experimental, regardless of condition; no form of licensing and/or registration shall be used to infringe upon these rights; the Person in charge of the premises shall determine whether arms may be carried on such premises except for Agents of Law Enforcement where acting pursuant to a Warrant. §I.37. All Persons shall have the right to fair compensation for any and all days spent incarcerated before, during and/or after the trial, should said Person be found not guilty by the Jury or should a guilty verdict be overturned on the appeal; such compensation shall be covered by the Secretariat of the Judiciary. §I.38. All Persons shall have the right of self-defence and/or defence of one's property, and others who are under a direct threat, against initiators of aggression, including the Agents of the Public Administration where acting unlawfully and/or in error. §I.39. All Individuals shall have the right to exclude from their property any Person, including any Agent of Law Enforcement where acting without a Warrant; Persons in charge of premises shall have the right to regulate conduct of every Person on the property within the realms of law, other than Agents of Law Enforcement where acting pursuant to, and within limits of, a Warrant. §I.40. No law shall retroactively change the legal consequences and/or status of actions that have been already committed, or relationships that already existed, before the enactment of that law. §I.41. No law shall establish and/or regulate the institution of marriage between any Individuals; nor shall any law restrict an Individual’s testamentary freedom. §I.42. No law shall promote any religion; no Person shall be granted any special privileges under, or be excluded from operation of, any law due to one’s religious beliefs, nor shall any law be used to impose any religious principles on any Person; no law shall hinder practising any religion on any premises which do not belong to any body of the Public Administration; no religious symbols shall be displayed on any premises belonging to any body of the Public Administration, nor shall any religious practice impeding the work of such body shall be allowed on such premises. §I.43. No law shall promote any gender, no Person shall be granted any special privileges under, or be excluded from operation of, any law due to one’s gender; no law shall distinguish between genders unless it is necessary due to differences in anatomy; standards of all examinations conducted by any branch of the Public Administration prior to offering employment shall equally apply to all genders. §I.44. No Person’s private property, be it movable or immovable, tangible or intangible, shall be confiscated, either fully or partially, for any purpose other than reparation, lawfully levied fines, the Land Fee, satisfaction of pre-existing debt and/or the collection of evidence pursuant to a Warrant; nor shall any law regulate the use of property; anything found in proximity under one’s land or growing naturally on it shall belong to the owner; nothing in this provision shall prevent the Civil Court from issuing orders temporary freezing defendant’s assets where the Court is satisfied that there a real risk that the defendant’s assets will be dissipated with the intention of frustrating satisfaction of any judgment that a Court might make. §I.45. No law shall abridge the freedom of thought and expression thereof; no Person shall be convicted for any statement of opinion, whether offensive or otherwise. §I.46. All Individuals shall have the right to assemble peacefully; no law shall interfere with any voluntary relations or cooperative ventures formed by Individuals for purposes which are not inherently unlawful; the free expression shall be allowed in all public areas within the Free Republic of Liberland. §I.47. No law shall abridge the right to use or issue any commodity or item as currency unless either party to the transaction is legally prohibited to possess such item or commodity; nor shall the Public Administration engage in any form of monetary regulation or currency issue; nor shall it establish any Central Bank. §I.48. No law shall interfere with the content of any contract unless in order to give effect to relevant provisions of this Constitution, nor shall it mandate or forbid any Individual to enter into contractual relations with any other Individual and/or legal Person, or any body of the Public Administration; nor shall it provide any financial incentive in that respect. §I.49. No Citizen shall be deprived of his or her citizenship unless by the Criminal Court upon conviction for a criminal offence and as a part of punishment; no Person shall be rendered stateless in any event. §I.50. No branch of the Public Administration shall introduce any state of emergency or war, or any other special state in which one or more of the Rights guaranteed by this Constitution would be diminished or suspended or revoked. §I.51. No law shall impose any obligations as to pursuing and/or obtaining any stage of education by any Person other than Agents and Members of the Public Administration; all Agents of the Public Administration shall be employed solely on basis of their merit and following appropriate examination; no Member of the Public Administration shall employ or enable employment of any Agent who has not passed relevant tests solely on the basis of his or her personal connection or political affiliation. §I.52. No branch of the Public Administration shall take a loan, be it foreign or domestic, short or long term, special or commercial; no government bond shall be issued; no debt shall be incurred by any branch of the Public Administration for any purpose; only voluntary donations with no expectation of repayment or quid pro quo shall be allowed. §I.53. No branch of the Public Administration shall contract with any legal and/or natural Person for the purposes of acquiring data it itself is not entitled to acquire under this Constitution; nor shall any branch of the Public Administration be allowed to procure any legal and/or natural person to commit what it itself is not entitled to commit under this Constitution. §I.54. No provision of the Annual Budget shall finance or partially finance any private organisation, insurance, healthcare services, education and/or pension schemes; no provision of the Annual Budget shall transfer any assets, be it in the form of a loan, non-repayable grant or periodic payments, to any legal and/or natural Person unless as remuneration for contracted goods and/or services necessary for the functioning of the Public Administration as envisaged in the Constitution; nor shall any branch of the Public Administration collect any assets of any natural or legal Person with expectation to return it, either partially, in entirety or in excess, whether the nature of the assets remains or alters; nothing in this provision shall prevent the Public Administration from collecting evidence pursuant to a Warrant or funding the services of a legal counsel and an interpreter as provided in the Constitution. §I.55. All Persons shall have the right to fair compensation for any loss caused by any branch of the Public Administration acting pursuant to a provision of an Act which is subsequently declared unconstitutional by any Court of the Free Republic of Liberland within three years; such compensation shall be covered from the State Reserve System; any loss caused by any Agent of the Public Administration acting contrary to the law or the Constitution, or in error, shall be personally compensated; should said Agent not be able to cover the loss from his or her personal assets, the difference shall be covered from the State Reserve System, with the Public Administration subsequently being able to recover it from said Agent. §I.56. All Citizens shall have the right to private registration and confidential ballots in all elections and referendums in the Free Republic of Liberland; such registration shall be executed by entering one’s name into the Electoral Register; keeping one’s name in the Electoral Register may entail certain obligations as prescribed by law; taking part in all elections and referendums shall be voluntary; no Person shall be compelled to vote in a specific manner, nor shall one be reprimanded for the manner in which the vote was cast; all elections and referendums shall be free from any coercion and fraud. §I.57. All Members of the Public Administration shall be of age twenty-one or above and shall hold citizenship of the Free Republic of Liberland; no such Person shall be prevented from submitting his or her candidacy for a public office; all candidates for any public office in the Free Republic of Liberland as well as all current Members of the Public Administration shall be under obligation to disclose their assets above certain value as prescribed by law, sources of income over certain proportion of one’s overall yearly income as prescribed by law and benefaction, both current and of the past five years, to the public; should a candidacy be submitted by certain types of organisation as prescribed by law, such organisation shall be under equal obligation of disclosure. §I.58. The validity of any election or referendum held within the Free Republic of Liberland shall be reviewed by the Supreme Court upon the request of one-quarter of the overall number of Assembly Representatives submitted within twenty-four hours after the publication of the results; should the Supreme Court find any evidence of erroneous and/or fraudulent conduct, it shall have the power to declare such election or referendum invalid and order it is anew. §I.59. No branch of the Public Administration shall declare and/or wage war on any Nation or group; no standing army shall be established; should any voluntary Territorial Defence rise, it shall be used only to defend the borders of the Free Republic of Liberland against external enemies; under no circumstances shall the Territorial Defence be used instead of, or in support of, Law Enforcement against Citizens or other Residents of the Free Republic of Liberland; such voluntary Territorial Defence shall have the Chancellor as its Commander-in-Chief; the Commander-in-Chief shall not have say on the creation and/or dissolution of the potential voluntary Territorial Defence; the Territorial Defence shall not operate outside the one hundred kilometres radius from the borders of the Free Republic of Liberland; the Commander-in-Chief may order operation within such radius only upon the express and informed consent of two-thirds of the overall number of Assembly Representatives. §I.60. No form of taxation shall be introduced within the Free Republic of Liberland, nor shall any periodic fees, other than the Fee on land as provided in Land Acts, be imposed on any natural or legal Person for any reason; only spontaneous fees for services provided by the Public Administration and fines imposed as punishment for culpable behaviour shall be allowed; nor any form of duty on goods, services and/or capital exported from, or imported into, the Free Republic of Liberland shall be introduced. §I.61. No law shall restrict the freedom of movement of any Individual within the Free Republic of Liberland; all Individuals shall have the right to reside in any part of the Free Republic of Liberland. §I.62. For the purposes of this Constitution, the term “Person” shall signify any human being whatsoever; the term “Individual” shall signify a Person of age who does not lack mental capacity and is not incarcerated before, during or after a trial; the term “Agent of the Public Administration” shall signify any Person working for any body of the Public Administration, including the Law Enforcement; the term “Member of the Public Administration” shall signify any Person who is holding a public office of one of the branches of the Public Administration; the term “Agent of the Law Enforcement” shall signify any Person working for, or acting pursuant to a Warrant made public by, Law Enforcement or the Office of the Public Prosecutor; the term “Citizen” shall signify any Person holding the citizenship of the Free Republic of Liberland; the term “Resident” shall signify any Person within the jurisdiction of the Free Republic of Liberland who is not a Citizen; the term "Law" shall signify any Act passed by the Assembly and all Executive Measures as issued by the Cabinet.

Political Institutions

The Free Republic of Liberland shall be governed by the Public Administration in accordance with the Constitution. It shall observe the rule of law and exercise only such legislative, executive and judicial powers which have been conferred upon it by this Part of the Constitution and not restricted under the Bill of Rights.

Article II: The Legislative Power

• §II.1. The legislative power in the Free Republic of Liberland shall be vested in the Citizens of the Free Republic of Liberland and the Assembly of the Free Republic of Liberland which shall exercise it on behalf of the Citizens. o §II.1(1) The Assembly shall be in session for three weeks of every month for nine months a year. o §II.1(2) The Assembly may reconvene at any time whatsoever upon the call of the Assembly Speaker. o §II.1(3) The Assembly shall not be dissolved, nor shall its session be interrupted, by any other branch of the Public Administration. • §II.2. The Assembly shall consist of twenty Assembly Representatives. o §II.2(1) All Assembly Representatives shall receive remuneration for their service as provided in the Annual Budget. o §II.2(2) No Person shall hold the office of an Assembly Representative whilst holding any other public office within the executive or judicial branch of the Public Administration. o §II.2(3) No Assembly Representative shall be precluded from taking part in any Assembly vote and/or debate by virtue of being detained prior to his or her trial. o §II.2(4) No Assembly Representative shall hold the office for more than eight years in total. • §II.3. The Assembly Representatives shall be elected by the Citizens in a General Election held every four years. o §II.3(1) Any Assembly Representative may be recalled by the Citizens with a simple majority vote in a referendum called by 5% of the overall number of Citizens registered with the Electoral Register at the time of the last General Election. o §II.3(2) Should any Assembly Representative step down, a Supplementary Election shall be held within thirty days. o §II.3(3) All Assembly Representatives shall be sworn in by pleading allegiance to the state and the Constitution of the Free Republic of Liberland; should any Assembly Representative refuse to be sworn in, he or she shall cease to hold the office. o §II.3(4) No vote whatsoever shall take place unless all Assembly Representative are sworn in and eligible to participate. • §II.4. One-quarter of the overall number of Assembly Representatives shall have the right to propose a resolution dissolving the Assembly. o §II.4(1) The resolution shall be passed with a majority of two-thirds of all Assembly Representatives. o §II.4(2) Should the Assembly be dissolved, a General Election shall be held within sixty days. • §II.5. The Assembly shall elect an Assembly Speaker with a simple majority vote of the overall number of Assembly Representatives. o §II.5(1) The Assembly Speaker shall chair the business of the Assembly. o §II.5(2) The Assembly Speaker shall head the Bureau of the Assembly. • §II.6. The business of the Assembly shall be administered by the Bureau of the Assembly of the Free Republic of Liberland. o §II.6(1) The Bureau of the Assembly shall supervise all Agents of the legislative branch of the Public Administration. o §II.6(2) The Bureau of the Assembly shall maintain the State Reserve System. o §II.6(3) No Agent of Law Enforcement shall enter the premises of the Assembly unless with the express and informed consent of the Bureau of the Assembly or pursuant to a Warrant. • §II.7. The powers of the Assembly shall be restricted to the following only: o §II.7(1) to pass legislation necessary for carrying into force the powers enumerated in this provision and no others; o §II.7(2) to conduct the financial affairs of the Public Administration as provided in the Financial Bill; o §II.7(3) to impose the fee on land as provided for in a Land Bill; o §II.7(4) to maintain the Courts of the Free Republic of Liberland without interfering with the affairs of the judiciary; o §II.7(5) to establish Law Enforcement in order to maintain internal security; o §II.7(6) to establish rules regarding peaceful coexistence of Persons and security of their Property and Rights; o §II.7(7) to assent to the incorporation of any new territories to the Free Republic of Liberland with any status the Assembly shall determine; o §II.7(8) to debate on matters important to the well-being of the Republic; o §II.7(9) to ratify international treaties signed by the Cabinet as provided in a Treaty Bill; o §II.7(10) to establish the Assembly Committee; o §II.7(11) to assent to the classification of information as a state secret for the purposes of national security as proposed by a Secretary of State; o §II.7(12) to appoint and impeach the Chancellor and/or Members of the Cabinet. o §II.7(13) to consent to the use of the Territorial Defence within one hundred kilometre radius from the borders of the Free Republic of Liberland.
o §II.7(14) to request the Supreme Court to review the validity of any election or referendum held within the Free Republic of Liberland. • §II.8. The Assembly shall elect the Chancellor of the Free Republic of Liberland, who shall form the Cabinet of the Free Republic of Liberland, with a simple majority vote of the overall number of Assembly Representatives. o §II.8(1) Should no Chancellor be elected for more than thirty days, a General Election shall be held within sixty days. o §II.8(2) The Assembly shall have the power to impeach the Chancellor along with the Cabinet by passing a Motion of No Confidence with a simple majority vote of the overall number of Assembly Representatives provided there is a simple majority for a prospective successor. o §II.8(3) On the first meeting after the General Election, the Assembly shall vote on the Motion of Confidence. o §II.8(4) Should the Assembly fail to pass the Motion of Confidence with a simple majority vote of the overall number of Assembly Representatives, the Chancellor along with the Members of the Cabinet shall immediately cease to hold office. • §II.9. One-quarter of the overall number of Assembly Representatives shall have the right to propose a resolution instituting the Assembly Committee. o §II.9(1) The resolution shall be passed with a simple majority of the overall number of Assembly Representatives. o §II.9(2) The Assembly Committee shall be composed of five Assembly Representatives. o §II.9(3) The Assembly Committee shall be established upon a suspicion of misconduct or mismanagement of any Agent or Member of the Public Administration, other than Judges of any Court of the Free Republic of Liberland, in order to investigate the allegations. o §II.9(4) The Assembly Committee shall have the right to summon Agents and Members of the Public Administration, other than Judges of any Court of the Free Republic of Liberland, to hear testimonies given under oath. o §II.9(5) The Assembly Committee shall prepare the Final Conclusions reporting evidence (if any) of said misconduct or mismanagement. o §II.9(6) The Final Conclusions shall be made public and passed to the Chief Public Prosecutor for consideration of potential criminal prosecution of relevant Persons as described by the Committee. o §II.9(7) The Final Conclusions shall not have any binding effect. o §II.9(8) No Person shall be penalised by the Assembly Committee; testimonies given in breach of the oath shall be convicted in the Criminal Court in a regular manner. o §II.9(9) The Assembly Committee shall only deal with the matter for which it was established and shall disband no later than one year after its creation. • §II.10. The power to initiate a legislative procedure shall lie with the Cabinet only. o §II.10(1) This power shall be exercised only once a year upon the State of the Republic Address by submitting a Bill to the Assembly. o §II.10(2) The Assembly shall be under obligation to vote on all Bills submitted by the Cabinet until the next State of the Republic Address. o §II.10(3) Any Bill which is rejected by the Assembly in a vote shall be considered lost and shall not be revived unless by resubmission by the Cabinet upon another State of the Republic Address. • §II.11. Any Bill proposed to the Assembly by the Cabinet upon the State of the Republic Address, shall be debated on, and shall be voted on, once only. o §II.11(1) The Bill proposed by the Cabinet shall be made public prior to the Assembly's debate. o §III.11(2) No vote whatsoever shall take place unless the Bureau of the Assembly has published a schedule of the affairs of the Assembly. o §II.11(3) Every Assembly Representative shall have the right to express his or her opinion on the proposed Bill at least once before the vote takes place, without any time limit. • §II.12. Any Bill proposed to the Assembly shall pertain to one matter only as expressed in its title. o §II.12(1) The Bill shall contain rationale behind it and means of achieving thereof including as precise an estimate of the direct effect of the Bill, if any, upon the Annual Budget. o §II.12(2) The Bill shall specify under which power delegated by this Constitution to the Assembly it is proposed. o §II.12(3) The Bill shall be read aloud in its entirety by the Assembly Speaker before it is voted on. • §II.13. One-quarter of the overall number of Assembly Representatives shall have the right to oblige the Cabinet to consider a draft of a Bill prepared by them. o §II.13(1) The Draft prepared by the Assembly Representatives may be rejected or accepted by the Cabinet as a Bill. o §II.13(2) All drafts of Bills proposed to the Cabinet shall be made public before the Cabinet’s acceptance or rejection. o §II.13(3) Should the Draft be rejected, the Cabinet shall publicly give detailed reasons behind its decision. • §II.14. The Cabinet shall have the power to propose five types of Bills: o §II.14(1) an Ordinary Bill; o §II.14(2) a Constitutional Bill; o §II.14(3) a Land Bill; o §II.14(4) a Treaty Bill; o §II.14(5) a Financial Bill. • §II.15. An ordinary Bill shall pertain to any matter within the powers of the Assembly which is not reserved for any other type of Bill. o §II.15(1) All ordinary Bills shall be passed with a majority of three-quarters of the overall number of Assembly Representatives. o §II.15(2) All ordinary Bills shall be subject to the power of general veto by the Citizens as provided in §II.21. • §II.16. A Constitutional Bill shall propose an Amendment to this Constitution. o §II.16(1) All Constitutional Bills shall only be voted on whilst all Assembly Representatives are present and passed with the unanimous vote of the overall number of Assembly Representatives. o §II.16(2) All Constitutional Bills shall be subject to the power of general veto by the Citizens as provided in §II.22. • §II.17. A Land Bill shall propose, or alter, the fee on land of the Free Republic of Liberland. o §II.17(1) All Land Bills shall only be voted on whilst all Assembly Representatives are present and passed with the unanimous vote of the overall number of Assembly Representatives. o §II.17(2) All Land Bills shall be subject to the power of general veto by the Citizens as provided in §II.22. o §II.17(3) A Land Act may be revoked by an ordinary Act. o §II.17(4) The fee shall be fixed per square metre of land. o §II.17(5) The fee shall be payable once a year by landowners, other than the Public Administration, as prescribed in the Bill. o §II.17(6) The overall fee revenue shall be calculated not to exceed 5% of the Gross Domestic Product of the Free Republic of Liberland of the preceding year. o §II.17(7) The fee shall be levied for one or more of the following purposes only: o §II.17(7)(a) maintaining the infrastructure of the Public Administration; o §II.17(7)(b) providing for the Law Enforcement; o §II.17(7)(c) providing for the Courts of the Free Republic of Liberland; o §II.17(7)(d) providing for Agents and Members of the Public Administration; o §II.17(7)(e) securing and promoting the interests of the Free Republic of Liberland worldwide. • §II.18. A Treaty Bill shall propose ratification of an international treaty signed by the Cabinet. o §II.18(1) All Treaty Bills shall be passed with a majority of three-quarters of the overall number of Assembly Representatives. o §II.18(2) All Treaty Bills shall be subject to the power of general veto by the Citizens as provided in §II.21. o §II.18(3) All international treaties must be signed by the Chancellor on behalf of the Cabinet and ratified by the Assembly in order to constitute the law of the Free Republic of Liberland. • §II.19. The Financial Bill shall contain the provisions of the Annual Budget. o §II.19(1) The Financial Bill shall be passed with a simple majority vote of the overall number of Assembly Representatives. o §II.19(2) The Financial Bill shall be subject to the power of general veto by the Citizens as provided in §II.21. o §II.19(3) The Financial Bill shall contain an Alteration Clause which shall enable the Cabinet to exercise delegated power in order to alter the provisions of the Annual Budget. o §II.19(4) The Alteration Clause shall be exercisable should it become apparent that the actual revenue shall not meet the anticipated revenue as provided in the Annual Budget. o §II.19(5) The Executive Measure altering the provisions of the Annual Budget shall only be capable of reducing spending. o §II.19(6) Under no circumstances shall the Cabinet lower the remuneration of Judges and/or Assembly Representatives unless with the express and informed consent of the relevant bodies. • §II.20. The Annual Budget shall constitute the only source of financial provisions for the Public Administration. o §II.20(1) The Annual Budget shall be financed from the State Treasury maintained by the Department of Treasury. o §II.20(2) No provision of the Annual Budget shall provide for any spending which is not authorised by this Constitution. o §II.20(3) All fees collected by the Public Administration and all pledged systematic voluntary donations shall be transferred to the State Treasury and thereby included in the Annual Budget. o §II.20(4) All fines and spontaneous voluntary donations shall be transferred to the State Reserve System. o §II.20(5) The Annual Budget shall be calculated using realistic assumptions as to the anticipated revenue so that the anticipated revenue does not exceed the actual revenue. o §II.20(6) The size of the Annual Budget shall not exceed the previous year’s actual revenue. o §II.20(7) Should the actual revenue exceed the anticipated revenue, the surplus shall be transferred to the State Reserve System. o §II.20(8) Should the actual revenue fall short of the anticipated revenue, the deficit shall be covered from such funds as may be gathered in the State Reserve System. o §II.20(9) Should the funds gathered in the State Reserve System not be able to cover the deficit, all Assembly Representatives who voted in favour of the Financial Bill shall cover the remaining difference with their own personal assets, divided equally. o §II.20(10) The State Reserve System shall be maintained by the Bureau of the Assembly. • §II.21. All ordinary Bills, Treaty Bills and Financial Bills passed by the Assembly under this Constitution shall be subject to the right of general veto by the Citizens as expressed in a referendum. o §II.21(1) The referendum shall be triggered by the request of 5% of the overall number of Citizens registered with the Electoral Register at the time of the last General Election, and shall be submitted within sixty days after the Bill was declared constitutional by the Supreme Court. o §II.21(2) The Bill shall be deemed vetoed unless a simple majority of all Citizens taking part in the referendum vote 'Aye'. • §II.22. All Land Bills and Constitutional Bills shall be subject to a mandatory referendum. o §II.22(1) The mandatory referendum shall take place within sixty days after the Bill was declared constitutional by the Supreme Court. o §II.22(2) The Bill shall be deemed vetoed unless a majority of two-thirds of all Citizens taking part in the referendum vote 'Aye'. • §II.23. Any Bill vetoed by the Citizens in the referendum shall be considered void. o §II.23(1) Should an ordinary Bill or a Treaty Bill be vetoed, neither it nor any substantially similar Bill shall be resubmitted to the Assembly for at least three years. o §II.23(2) Should a Constitutional Bill or Land Bill be vetoed, neither it nor any substantially similar Bill shall be resubmitted to the Assembly for at least ten years. o §II.23(3) Should a Financial Bill be vetoed, the provisions of the Annual Budget adopted the previous year shall apply. • §II.24. A Bill shall become “Passed” upon passage by the Assembly in accordance with the provisions of this Article. • §II.25. A Bill shall become “Under Consideration” upon constitutional declaration by the Supreme Court of the Free Republic of Liberland according to the procedure laid down in Article IV. • §II.26. A Bill shall become the law of the Free Republic of Liberland, and shall be known as “Act” once it has become “Under Consideration” in accordance with the procedure provided for in §II.25., and either sixty days have passed and no referendum has been called in accordance with §II.21., or on the day the Bill obtained the assent of the Citizens in referendum under §II.21. or §II.22.

Article III: The Executive Power

• §III.1. The executive power in the Free Republic of Liberland shall be vested in the Cabinet. • §III.2. The Cabinet shall be formed and presided over by the Chancellor, who shall be the Head of State. o §III.2(1) No Person shall hold the office of the Chancellor or Member of the Cabinet whilst holding any other public office within the legislative or judicial branch of the Public Administration. o §III.2(2) All Members of the Cabinet shall receive remuneration for their service as provided in the Annual Budget. • §III.3. The Chancellor may, at any time, resign from the office. o §III.3(1) Should the Chancellor resign, the Assembly shall elect a new Chancellor in accordance with the provisions of Article II. o §III.3(2) Should the Chancellor resign, all Members of the Cabinet shall immediately cease to hold their offices. • §III.4. The Cabinet shall execute in good faith all laws passed by the Assembly in accordance with Article II. • §III.5. The Chancellor, on behalf of the Cabinet, shall once a year publicly give to the Assembly information on the State of the Republic, and recommend to their consideration such measures as the Cabinet shall judge necessary thereby initiating a legislative procedure in accordance with the provisions of Article II. • §III.6. The powers of the Chancellor and the Cabinet shall be restricted to the following only: o §III.6(1) to run day-to-day state affairs; o §III.6(2) to initiate a legislative procedure; o §III.6(3) to protect and promote the interests of the Free Republic of Liberland worldwide; o §III.6(4) to sign international treaties provided the Supreme Court confirms the constitutionality of such treaties; o §III.6(5) to produce byelaws in the form of Executive Measures under the powers expressly granted by the Acts of the Assembly; o §III.6(6) to appoint the most senior Justice of the Supreme Court to be a new Chief Justice of the Supreme Court; o §III.6(7) to appoint the Justices of the Supreme Court upon the recommendation of the Judicial Appointment Commission; o §III.6(8) to maintain the State Treasury; o §III.6(9) to appoint the Chief Public Prosecutor and the Chief Attorney of the Republic; o §III.6(10) to supervise all Agents of the executive branch of the Public Administration; o §III.6(11) to bestow honours and awards on Persons who have achieved a great deal in service of Liberland and the idea of liberty worldwide; o §III.6(12) to appoint and remove the Chief Commissioner; o §III.6(13) to be the Commander-in-Chief of the voluntary Territorial Defence, should it be constituted; o §III.6(14) to grant citizenship of the Free Republic of Liberland in accordance with this Constitution. • §III.7. The Cabinet shall consist of the following Departments only: o §III.7(1) Department of Justice; o §III.7(2) Department of Internal Affairs; o §III.7(3) Department of Security; o §III.7(4) Department of Foreign Affairs; o §III.7(5) Department of Treasury. • §III.8. No special Department shall be established, nor shall any Department operate outside its jurisdiction. o §III.8(1) Departments may establish Agencies. o §III.8(2) All Agencies shall be supervised by relevant Departments and no Agency shall operate outside its own jurisdiction or the jurisdiction of its Department. • §III.9. Each Department shall be headed by the Secretary of State for the respective Department. o §III.9(1) All Secretaries of State shall answer to the Chancellor and shall be removable from the office by the Chancellor at any time. • §III.10. The Chancellor and the Cabinet shall be advised as to the law by the Chief Attorney of the Republic, who shall be independent. o §III.10(1) The Chief Attorney of the Republic shall head the Office of the Chief Attorney of the Republic. o §III.10(2) The Chief Attorney of the Republic shall be appointed by the Chancellor for a term of six years. o §III.10(3) The Chief Attorney of the Republic shall have the right to request the Supreme Court to issue a declaration as to the law of the Free Republic of Liberland. o §III.10(4) The Chief Attorney of the Republic shall appoint, and be responsible for the work of, Attorneys of the Republic who shall represent all bodies of the Public Administration in all civil proceedings. o §III.10(5) The Chief Attorney of the Republic shall have the power to apply to the Civil Court to issue Publication Orders preventing any natural or legal Person from publishing and/or sharing any information which would undermine the secrecy of any information classified as a state secret in accordance with this Constitution. • §III.11. The Office of the Chief Public Prosecutor shall be independent and shall be headed by the Chief Public Prosecutor. o §III.11(1) The Chief Public Prosecutor shall be appointed by the Chancellor for a term of six years. o §III.11(2) The Chief Public Prosecutor shall be removable from the office by the Citizens with a majority of two-thirds vote in a referendum called by 10% of the overall number of Citizens registered with the Electoral Register at the time of the last General Election. o §III.11(3) The Chief Public Prosecutor shall appoint, and be responsible for the work of, Public Prosecutors. • §III.12. The work of Law Enforcement shall be overseen by the Chief Commissioner. o §III.12(1) The Chief Commissioner shall be appointed by the Chancellor for a term not exceeding six years. o §III.12(2) The Chief Commissioner shall answer to the Chancellor and shall be removable from the office by the Chancellor at any time. o §III.12(3) The Chief Commissioner shall be removable from the office by the Citizens with a majority of two-thirds vote in a referendum called by 10% of the overall number of Citizens registered with the Electoral Register at the time of the last General Election. o §III.12(4) The Chief Commissioner shall have the power to apply to the Civil Court to issue Publication Orders preventing any natural or legal Person from publishing and/or sharing any information which would jeopardise any Agent of Law Enforcement operating undercover pursuant to a Warrant. • §III.13. The Chief Public Prosecutor, Chief Attorney of the Republic and the Chief Commissioner shall not be deemed Members of the Cabinet. o §III.13(1) No Person shall hold the office of the Chief Public Prosecutor, Chief Attorney of the Republic or the Chief Commissioner whilst holding any other public office concurrently.

Article IV: The Judicial Power

• §IV.1. The judicial power of the Free Republic of Liberland shall be vested in the Courts of the Free Republic of Liberland. • §IV.2. The Courts of the Free Republic of Liberland shall first and foremost uphold the Constitution of the Free Republic of Liberland, and any laws passed by the Assembly in accordance with this Constitution. • §IV.3. The Courts of the Free Republic of Liberland shall protect the Citizens thereof and other Residents from any unlawful trespasses into their Rights. • §IV.4. The Judges of the Courts of the Free Republic of Liberland shall regulate their own affairs within the Secretariat of the Judiciary of the Free Republic of Liberland. o §IV.4(1) The Secretariat of the Judiciary shall be headed by the Chief Justice of the Supreme Court. o §IV.4(2) The Secretariat of the Judiciary shall supervise the Judicial Appointment Commission. o §IV.4(3) The Secretariat of the Judiciary shall supervise all Agents of the judicial branch of the Public Administration. • §IV.5. The Judges of the Courts of the Free Republic of Liberland shall be independent and shall not be removable by any Member of the other branches of the Public Administration. o §IV.5(1) The remuneration of the Judges as provided for in the Annual Budget shall not be lowered without the express and informed consent of the Secretariat of the Judiciary of the Free Republic of Liberland. o §IV.5(2) No Judge of any Court of the Free Republic of Liberland shall be arrested for any period whatsoever unless pursuant to the Supreme Warrant or under exigent circumstances where there is a threat to others or where vital evidence may be destroyed; in such case the Chief Justice of the Supreme Court shall be immediately notified about the detainment and shall have the power to order immediate release of the detained Judge. o §IV.5(3) The Supreme Warrant shall be issued by the Secretariat of the Judiciary of the Free Republic of Liberland as signed by the Chief Justice of the Supreme Court or at least three Justices of the Supreme Court acting together upon request by the Office of the Public Prosecutor supported by clear and convincing evidence of an alleged offence. • §IV.6. All Judges, other than the Justices of the Supreme Court, shall be appointed by the Chief Justice of the Supreme Court upon the recommendation of the Judicial Appointment Commission. o §IV.6(1) No Person shall hold the office of a Judge whilst holding any other public office within the legislative or executive branch of the Public Administration. o §IV.6(2) The Judicial Appointment Commission shall be composed of the four Justices of the Supreme Court and three other members appointed by the Chief Justice of the Supreme Court. o §IV.6(3) The Judicial Appointment Commission shall reach its decisions with a simple majority. o §IV.6(4) The Judicial Appointment Commission shall recommend to the Chief Justice of the Supreme Court qualified lawyers to hold office of a Judge of the Civil Court or Criminal Court. o §IV.6(5) Should the office of the Chief Justice of the Supreme Court become vacant, the Chancellor shall appoint the most senior Justice of the Supreme Court to be the new Chief Justice. o §IV.6(6) Should the office of any of the Justices of the Supreme Court become vacant, the Judicial Appointment Commission shall recommend to the Chancellor a qualified Judge for the replacement. • §IV.7. The Judicial Appointment Commission shall have the power to inquire into alleged misconduct of any Judge of any Court of the Free Republic of Liberland other than the Chief Justice and other Justices of the Supreme Court. o §IV.7(1) The Judicial Appointment Commission shall have the power to subpoena Judges of the Free Republic of Liberland and Agents of the Public Administration to hear testimonies given under oath. o §IV.7(2) The Judicial Appointment Commission may recommend the removal of any Judge from the office upon a proven case of gross misconduct or intentional procurement of the miscarriage of justice. o §IV.7(3) The removal of a Judge from the office shall be executed by the Chief Justice of the Supreme Court or three Justices of the Supreme Court acting together. o §IV.7(4) Should the Judicial Appointment Commission find evidence of any criminal conduct, it shall be passed to the Office of the Chief Public Prosecutor; testimonies given in breach of oath shall be convicted in a regular manner in the Criminal Court. • §IV.8. The Courts of the Free Republic of Liberland shall consist of the Civil Court, Criminal Court and the Supreme Court. o §IV.8(1) All cases referred to any of the Courts of the Free Republic of Liberland shall be preceded by a Preliminary Hearing conducted by one Judge of the relevant Court. o §IV.8(2) The Judge at the Preliminary Hearing shall consider merits of a claim, prosecution or appeal brought before the Court; should said Judge consider evidence to be grossly insufficient, the case may be dismissed before a full hearing. o §IV.8(3) The Judge shall have the power to issue such orders as deemed necessary and within the powers of the relevant Court; such orders shall be reviewable at a full hearing.
• §IV.9. The Supreme Court shall comprise the Chief Justice and four other Justices of the Supreme Court. o §IV.9(1) The Supreme Court shall be presided over by the Chief Justice of the Supreme Court who shall nominate three Justices of the Supreme Court, or two Justices of the Supreme Court and himself or herself, to hear cases and inquiries referred to the Supreme Court. o §IV.9(2) The Supreme Court shall reach its decisions with a simple majority unless required otherwise in this Constitution. o §IV.9(3) All verdicts and declarations of the Supreme Court shall be binding upon the Public Administration, public and the Civil Court and the Criminal Court on the point of law in all future proceedings where applicable. o §IV.9(4) All verdicts and declarations of the Supreme Court reached unanimously shall be binding upon the Supreme Court on the point of law in all future proceedings where applicable; should a verdict or declaration be reached otherwise than unanimously, the Supreme Court shall be subsequently able to depart from it by a unanimous vote. o §IV.9(5) The Chief Justice and other Justices of the Supreme Court shall be appointed by the Chancellor for life. o §IV.9(6) The Chief Justice or any Justice of the Supreme Court shall only be removable from their position by the Citizens with a majority of two-thirds vote in a referendum called by 10% of the overall number of Citizens registered with the Electoral Register at the time of the last General Election. • §IV.10. The Supreme Court shall have appellate and inherent jurisdiction as prescribed in this Constitution and powers to issue injunctions and other orders as prescribed by law. o §IV.10(1) The Supreme Court may hear appeals from the Civil Court and the Criminal Court on the point of law, severity of sentence or material procedural irregularity. o §IV.10(2) The Supreme Court shall inherent jurisdiction to issue declarations as to the law of the Free Republic of Liberland upon request by the Chief Attorney of the Republic. o §IV.10(3) The Supreme Court shall have inherent jurisdiction to review the prima facie constitutionality of all Bills passed by the Assembly and no Bill shall become the law of the Free Republic of Liberland unless the Supreme Court, unanimously, declares the Bill to be constitutional. o §IV.10(4) Should some, but not all, provisions of a Bill be deemed unconstitutional by the Supreme Court, the Court may declare such a Bill constitutional with said provisions rendered unenforceable or, should the provisions be vital for the Bill as a whole, the Bill may be declared unconstitutional in its entirety. o §IV.10(5) The Supreme Court shall retain the power to strike down any provision of any Act passed by the Assembly as unconstitutional at any criminal or civil proceedings notwithstanding the declaration of constitutionality; such provision shall cease to be in force immediately after the verdict. o §IV.10(6) The Supreme Court shall have inherent jurisdiction to review the constitutionality of all international treaties the Cabinet intends to sign and no international treaty shall be signed unless the Supreme Court, unanimously, declares the treaty to be constitutional. o §IV.10(7) The Supreme Court shall have inherent jurisdiction to review the validity of any election or referendum upon the request of one-quarter of the overall number of Assembly Representatives. • §IV.11. All civil disputes shall be adjudicated in the Civil Court by a panel of three Judges reaching a decision with a simple majority. o §IV.11(1) The Civil Court shall have jurisdiction to adjudicate all disputes concerning contracts which were made under, and civil wrongs which took place within, jurisdiction of the Free Republic of Liberland. o §IV.11(2) The Civil Court shall have jurisdiction to adjudicate all administrative disputes between Citizens or Residents of the Free Republic of Liberland and any body of the Public Administration. o §IV.11(3) The jurisdiction of the Civil Court shall not be ousted by any contract unless fair arbitration proceedings are envisaged in case of dispute; contracts shall be allowed to require parties to attempt mediation before the jurisdiction of the Court becomes exercisable. o §IV.11(4) The Civil Court shall have the inherent jurisdiction to hear disputes related to the well-being of Minors and Persons lacking mental capacity. o §IV.11(5) The Civil Court shall have jurisdiction to adjudicate civil disputes concerning contracts to which at least one party is based or resides outside the territory of the Free Republic of Liberland as prescribed by law. o §IV.11(6) The Civil Court shall have the power to issue Publication Orders in accordance with this Constitution and injunctions and other orders as prescribed by law. • §IV.12. The Victim(s) of a criminal offence shall have the inherent right to institute the Private Prosecution of the accused. o §IV.12(1) The Private Prosecution may be instituted by the Victim(s) in person or by appointed Proxy on its behalf. o §IV.12(2) Proxy shall be any legal or natural Person expressly appointed by the Victim(s), whether inter vivos or in a last will, to be in charge of the prosecution in question. o §IV.12(3) Neither the Victim(s) nor the Proxy shall enjoy the privileges of Law Enforcement by virtue of pursuing prosecution. o §IV.12(4) The Victim(s) may request the Office of the Public Prosecution to institute free-of-charge Public Prosecution on its behalf. • §IV.13. The Public Prosecution of the accused shall be instituted by the Office of the Public Prosecutor on behalf of the Victim(s) or the state of the Free Republic of Liberland. o §IV.13(1) Should an alleged criminal offence leave no Victim(s) or Proxy capable of instituting the Private Prosecution, the Office of the Public Prosecutor shall have the power to institute the Public Prosecution on behalf of the state of the Free Republic of Liberland. o §IV.13(2) Should the Victim(s) requested the Office of the Public Prosecution to institute the Public Prosecution and evidence be sufficient, it shall be under an obligation to act. o §IV.13(3) Should the Public Prosecution be instituted, the Victim(s) shall have the right: o §IV.13(3)(a) to be notified about the schedule of the judicial proceedings; o §IV.13(3)(b) to address the Criminal Court before the sentence is determined; o §IV.13(3)(c) to be advised of release from custody or escape of the accused. • §IV.14. All criminal offences shall be tried in the Criminal Court before a Judge with a panel of Jury to give a verdict of ‘Guilty’ or ‘Not guilty'. o §IV.14(1) The Jury shall be composed of twelve impartial Citizens drawn randomly from the Electoral Register. o §IV.14(2) The Jury shall determine the facts and render the verdict according to the law under the direction of the Judge. o §IV.14(3) The Jury shall deliberate in camera and shall not be required to disclose reasons behind the verdict or be reprimanded for it. o §IV.14(4) The Jury shall retain the unequivocal right to acquit and shall be informed of this right; such acquittal shall be final. o §IV.14(5) The Jury shall convict with no fewer than eleven votes. o §IV.14(6) All defendants who has been convicted by the Jury shall be sentenced by the Judge as prescribed by law. o §IV.14(7) The Jury shall render the verdict free from any form of coercion; should the independence of the Jury require, the Judge may order sequestration of the Jurors. o §IV.14(8) Without prejudice to the powers of arrest as enumerated in this Constitution, no Person shall be punished with imprisonment unless convicted in the Criminal Court by the Jury. o §IV.14(9) The Criminal Court shall have the power to issue Warrants as prescribed by the Constitution and injunctions and other orders as prescribed by law. • §IV.15. No special tribunals shall be instituted, nor any Courts which are not recognised by this Constitution; no Person shall be threatened with or subjected to penalties other than those provided by the law. • §IV.16. All restrictions placed upon the powers of the Civil Court and the Criminal Court shall equally apply to the Supreme Court upon appeals from such Courts. • §IV.17. All parties to any trial before any Court of the Free Republic of Liberland shall be given a fair hearing before a verdict is rendered. • §IV.18. All Courts of the Free Republic of Liberland shall have the power to place any Person under arrest for no more than seven days for a contempt of court committed either during Court proceedings or by disobeying a Court order. o §IV.18(1) Should such Person disobey the same order of a Court more than once, he or she shall be tried in a regular manner for a criminal offence.

[yopdog]

Two questions:

1) Are there any new additions or changes here? If so, could you please list them?

2) Why get rid of the 'bill of rights' heading? I'm just curious.

[ghost]

there are but Im not able to list them since there is a lot of small changes; I didnt get rid of the heading, it will look different once updated on the website take time to analyse the whole thing :)

[yopdog]

Could you at least list new, deleted or changed provisions? like for example:

Changed provisions:

§I.34 §I.45 §I.60 . . .

New provisions:

§II.21(1) §II.25 §I.60 . . .

It will take you much less time to list the changes then it will take me to play a game of spot the difference and find out what exactly has changed.

[ghost]

Im afraid I had made changes then renumbered lots of provisions so at this point Im unable to point anything. I suggest you read the whole thing and point any provisions which pose a problem to you (and we have not discussed it yet). Sorry for that, it is caused by a rather chaotic process of adopting changes suggested by the barrister ( #342 )

[terrorist96]

@yopdog https://www.diffchecker.com

[terrorist96]

I'm also really hating this. Even using diffchecker, it's VERY hard to keep up with the changes and moving around different provisions.

[ghost]

I suggest you just go through all provisions one by one and focus on what is written rather than try to compare everything with the old version.

[terrorist96]

I can't do that. The last revision has been reviewed 100% by me and I know/approve of the way it is. I don't like reviewing the entire document 100% for every commit. I wish you would make commits for specific sections instead of replacing the entire text with new text. My review process is what has helped me find many of the things looked over from chaotic commits, and you thanked me for my thoroughness.

[terrorist96]

And I also mentioned that I don't like some anonymous lawyer making changes to the constitution without accountability. I'd have prefered it if that person came on here and posted their suggested changes and reasons for them, and the ability of asking them for clarification on certain changes. Instead, we're inundated with a 100% revision of the text.

[ghost]

I know his identity but he would rather stay anonymous to others. His suggestions (as implemented here) are not conclusive if you can prove that different wording would be better. I highly appreciate his help and understand that he doest have time to discuss everysmall change with us on this forum.

[yopdog]

How about we separate this discussion into different parts of the constitution? For example, we could separate it to the following:

1) Bill of Rights 2) Legislative Power 3) Executive Power 4) Judicial Power

It will be much easier to deal with each part separately than with the whole constitution at once.

[terrorist96]

The issue is that the current text has been more or less agreed upon by everyone here, and now it's our job to try to convince you to keep the current text instead of the lawyer's job (or your job) to convince us of the new changes.

Nevertheless, if this is how you want it done, then I'm going to question every significant change I see.

Expect a very long post sometime in the [maybe not so near] future.

[ghost]

I understand your frustration but suggestions submitted by an experienced barrister beats both my and your opinion for pretty obvious reasons. It's a legal document and it will benefit immensely from amendments submitted by a practising lawyer.

Id rather you didnt try to question everything that is new but only what you think is wrong. Many provisions which were based on my wording were changed and it's nothing personal.

I appreciate our cooperation here but expert's opinion must come first guys.

[terrorist96]

It's a legal document and it will benefit immensely from amendments submitted by a practising lawyer.

That's not at dispute here. I'm not going to question every change. Only changes that I feel justify questioning. Rewording a provision without changing the meaning is fine. Rewording a provision to change the meaning and/or adding new provisions that I question will be pointed out. :)

[ghost]

I didnt go behind your back and published a new version without consultation. Im posting it here for a discussion before going any further. I dont think I am being unfair here.

[terrorist96]

Here we go; I hope you're ready:

Why remove the preamble? Why merge Article I (General Provisions) and II (Bill of Rights)? Article I isn't a Bill of Rights, Article II is. Merging them into one big Article is confusing and counterproductive.

It recognises the rights inherent in Persons and Individuals as well as sets limits to the prerogatives of the Public Administration. As such, the Bill of Rights shall be directly enforceable before all Courts of the Free Republic of Liberland.

vs

It shall be capable of creating criminal offences prosecuted before the Courts of the Free Republic of Liberland and be of assistance when interpreting other Parts of the Constitution. The Bill of Rights shall also establish general rules governing the law of the Free Republic of Liberland.

Why the change?

§I.1. The Constitution of the Free Republic of Liberland shall be the supreme law of the Free Republic of Liberland and as such shall be directly enforceable before all Courts of the Free Republic of Liberland; all Acts passed by the Assembly, all international treaties signed by the Cabinet and all Executive Measures issued by the Cabinet shall comply with the Constitution; all contracts between any legal and/or natural Persons, including all branches of the Public Administration, made under the jurisdiction of the Free Republic of Liberland, shall comply with the Constitution.

Need a comma after Liberland (addressed in the latest commit).

§I.3. The Powers of the Public Administration shall be derived solely from the provisions of this Constitution and neither the Public Administration nor any Agent thereof, shall possess any inherent authority; the Public Administration shall neither have nor exercise any power other than those expressly conferred upon it by this Constitution.

What about Members? Do they have inherent authority?

§I.5. ...no Member or Agent of the Public Administration, or any other entity, shall be excluded from, or granted special privileges under, the operation of any law passed by the Assembly.

vs

§I.5. ...no Member or Agent of the Public Administration, or any other entity, shall be excluded from the operation of any law passed by the Assembly; all bodies of the Public Administration shall comply with laws passed by the Assembly in accordance with the Constitution.

This change removes the prohibition on making special laws for special entities. I disagree with this change.

§I.7. ...or any other Person who can prove one's interest in that decision

vs

§I.7. ...or any other Person who can prove his or her interest in that decision

I thought we agreed to omit pronouns and keep it general, so as to avoid issues with transexuals, etc. This goes for all other provisions that change 'one' to 'his or her'. I'm opposed to this change.

§I.10. All statements and declarations made by any Individual to any body of the Public Administration shall be presumed to be truthful and made in good faith unless there is evidence to the contrary.

Kinda random, but okay.

I.11 ...no Person shall be convicted for disclosure of any information so classified

This is changing prosecution to conviction. Why?

I.12 nothing in this provision shall prevent the Assembly from protecting the well-being of non-Individuals and privacy of personal data; publishing and/or sharing information classified as state secret or related to the work of Agents of Law Enforcement operating undercover pursuant to a Warrant shall be subject to control as described in this Constitution.

Also, removing this no order preventing sharing any information shall be served unless sanctioned by the Civil Court... and the fact that an order has been served shall not be a subject matter of another order. removes the prohibition on arbitrary/capricious gag-orders. It should be added back.

§I.13. No law shall prohibit video and/or audio recording of any Agent of the Public Administration in public space or all other areas where there is no reasonable expectation of privacy and whilst on duty; the affairs of the Assembly, other than the debate and vote on the classification of information as a state secret, and all proceedings of all Courts, other than proceedings concerned with Publication Orders, shall be archived and made available to the general public; all Bills passed by the Assembly and all verdicts and decisions given by all Courts of the Free Republic of Liberland shall be archived and published.

Why remove video recording? Why remove contemporaneously?

§I.14. ...and shared only with the express and informed consent of the all Persons to whom it relates...

§I.19. No Person shall be convicted of any criminal offence which has not been expressly created by an Act of the Assembly or this Constitution...

Again, this is changing prosecution to conviction. Why?

I.21. ...no evidence obtained pursuant to a Warrant permitting an Agent to act undercover shall be admissible against any Person unless all the aforementioned said report and all evidence is disclosed to that Person and to the Court.

§I.22. The powers of arrest in the Free Republic of Liberland shall lie with Agents of Law Enforcement, Citizens and Residents of the Free Republic of Liberland and the Courts of the Free Republic of Liberland as described in this Constitution and any laws passed in accordance thereof; (we define Agents of Law Enforcement as anyone acting upon a warrant, so including Citizens and Residents here is redundant. We need to alter I.62 if you want to define Citizen arrests/bounty hunters specifically) such powers shall not be exercised arbitrar_il_y or without any evidence but only upon probable cause and where it is absolutely necessary for the protection of others or where an accused is likely to escape justice or interfere with the investigation.

§I.23. should the accused be already placed under arrest, the prosecution shall be under an obligation to notify him or her of a the Court hearing regarding the Warrant in question, and enable the accused to address the Court, either in person or via legal representation; where a Person is placed under arrest, Agents of Law Enforcement shall immediately inform his or her close ones about the detention.

Delete space after the period.

§I.24. No Person shall be placed under arrest by any Citizens or other Residents of the Free Republic of Liberland unless upon a justified suspicion that such Person has committed or is committing a criminal offence, and only for a very brief period until the arrival of Agents of Law Enforcement.

Why can't the arrester take the arrestee to the police instead of waiting for their arrival?

§II.13. No law shall allow for any Person to be prosecuted for disobedience against an unlawful action of any Agent of the Public Administration and/or against unconstitutional law.

Why was this section removed?

§I.27. No Person shall be convicted of a criminal offence later than a year after the Warrant for custody of said Person was executed in connection with that offence and the Person was taken into custody; should said Person escape or commit any subsequent criminal offence, a new Warrant for custody may be issued.

Again, this is changing prosecution to conviction. Why?

§I.28. No Person shall be required to pay excessive bail and/or fines; nor shall the Criminal Court be required to sentence a defendant who has been convicted of a criminal offence to excessive incarceration should said offence alone inflicted no actual harm on any Person.

§I.29. No Person shall be convicted of any criminal offence if the only evidence incriminating the accused is testimony given by any number of Agents and/or Members of the Public Administration that is uncorroborated by any other presented physical and/or digital evidence, victim and/or third party witness testimony or voluntary confession; nothing in this provision shall prevent prosecution of an accused solely on the basis of testimony given by an Agent or Member of the Public Administration where he or she is the only victim of an alleged offence and the act or omission which gave rise to prosecution took place whilst not on duty.

Again, this is changing prosecution to conviction. Why?

§I.30. No Person shall be convicted of more than one criminal offence for one act or omission he or she is accused of; nor shall one be put twice in jeopardy of a penalty for the same offence, whether by the Private or Public Prosecution.

Again, this is changing prosecution to conviction. Why?

I.31. ...should any Person be convicted in breach of due process of law as enumerated in this and other provisions of this Constitution, the trial Judge shall take that under advisement when considering dismissing the charges or overturning the verdict.

Again, this is changing prosecution to conviction. Why? If you've already been convicted, then there's no 'dismissing the charges', only exoneration.

I.33. No torture or other cruel treatment shall be inflicted...

Why remove unusual or degrading as qualifiers for the treatment?

§I.36. All Individuals shall have the right to own, manufacture, sell, transfer, transport, bear and use any small arms, as defined internationally, arms accessories or ammunition, be they historic, contemporary and/or experimental, regardless of condition; no form of licensing and/or registration shall be used to infringe upon these rights; the Person in charge of the premises shall determine whether arms may be carried on such premises except for Agents of Law Enforcement where acting pursuant to a Warrant.

I'm a little worried about the as defined internationally portion. What if that definition is purposefully changed in the future? I know it's unlikely, but I don't like making our arms amendment contingent upon the UN's definition of small arms.

§I.37. All Persons shall have the right to fair compensation for any and all days spent incarcerated before, during and/or after the trial, should said Person be found not guilty by the Jury or should a guilty verdict be overturned on the appeal; such compensation shall be covered by the Secretariat of the Judiciary.

Remove space after the period at the end.

§I.39. All Individuals shall have the right to exclude from their property any Person, including any Agent of Law Enforcement where acting without a Warrant; Persons in charge of the premises shall have the right to regulate the conduct of every Person on the property within the realms of the law, other than Agents of Law Enforcement where acting pursuant to, and within the limits of, a Warrant.

§I.42. No law shall promote any religion; no Person shall be granted any special privileges under, or be excluded from operation of, any law due to one’s religious beliefs (this isn't needed if we fix I.5), nor shall any law be used to impose any religious principles on any Person; no law shall hinder practising any religion on any premises which do not belong to any body of the Public Administration; no religious symbols shall be displayed on any premises belonging to any body of the Public Administration, nor shall any religious practice impeding the work of such body shall be allowed on such premises.

§I.43. No law shall promote any gender, no Person shall be granted any special privileges under, or be excluded from operation of, any law due to one’s gender; no law shall distinguish between genders unless it is necessary due to differences in anatomy; standards of all examinations conducted by any branch of the Public Administration prior to offering employment shall equally apply to all genders.

Again, this isn't needed if we fix I.5.

§I.44. ...nothing in this provision shall prevent the Civil Court from issuing orders temporarily freezing a defendant’s assets where the Court is satisfied that there is a real risk that the defendant’s assets will be dissipated with the intention of frustrating satisfaction of any judgment that a Court might may make.

§I.45. No law shall abridge the freedom of thought and expression thereof; no Person shall be convicted for any statement of opinion, whether offensive or otherwise.

Again, this is changing prosecution to conviction. Why?

§I.46. All Individuals shall have the right to assemble peacefully peaceably; no law shall interfere with any voluntary relations or cooperative ventures formed by Individuals for purposes which are not inherently unlawful; the free expression (of what?) shall be allowed in all public areas within the Free Republic of Liberland.

§I.48. No law shall interfere with the content of any contract unless in order to give effect to relevant provisions of this Constitution, nor shall it mandate or forbid any Individual to enter into contractual relations with any other Individual and/or legal Person, or any body of the Public Administration; nor shall it provide any financial incentive in that respect.

I'm in favor of removing the qualifier so as to prevent a loophole.

§I.51. ...all Agents of the Public Administration shall be employed solely on the basis of their merit and following successful completion of appropriate examination;

§I.56. All Citizens shall have the right to private registration and confidential ballots in all elections and referendums in the Free Republic of Liberland;

The reason we had the original wording was because we do not want to give all citizens the right to vote. Minors can be citizens, prisoners can be citizens, etc.

§I.58. The validity of any election or referendum held within the Free Republic of Liberland shall be reviewed by the Supreme Court upon the request of one-quarter of the overall number of Assembly Representatives submitted within twenty-four hours after the publication of the results; should the Supreme Court find any evidence of erroneous and/or fraudulent conduct, it shall have the power to declare such election or referendum invalid and order it is anew.

§I.59. No branch of the Public Administration shall declare and/or wage war on any Nation or group; no standing army shall be established; should any voluntary Territorial Defence rise, it shall be used only to defend the borders of the Free Republic of Liberland against external enemies; under no circumstances shall the Territorial Defence be used instead of, or in support of, Law Enforcement against Citizens or other Residents of the Free Republic of Liberland; such voluntary Territorial Defence shall have the Chancellor as its Commander-in-Chief; the Commander-in-Chief shall not have say on the creation and/or dissolution of the potential voluntary Territorial Defence; the Territorial Defence shall not operate outside the one hundred kilometres radius from the borders of the Free Republic of Liberland; the Commander-in-Chief may order operation within such radius only upon the express and informed consent of two-thirds of the overall number of Assembly Representatives.

Oppose removal of it shall not be used outside the territory of the Free Republic of Liberland and would like an explanation of this 100km rule. Liberland is 7km^2. This needs to be discussed separately, not snuck in along side the mountain of other changes.

And need to delete space after the period.

§I.61. No law shall restrict the freedom of movement of any Individual within the Free Republic of Liberland; all Individuals shall have the right to reside in any part of the Free Republic of Liberland.

Looks like you came around on the freedom of locomotion once your lawyer friend suggested it. :stuck_out_tongue_closed_eyes:

o §II.2(2) No Person shall hold the office of an Assembly Representative whilst holding any other public office within the executive or judicial branch of the Public Administration concurrently.

• §II.3. The Assembly Representatives shall be elected by the Citizens in a the General Election held every four years.

The General Election is specific and defined, thus it should be the, not a, General Election. Same goes for Supplementary Elections, the Assembly Speaker, etc.

o §II.7(12) to appoint and impeach the Chancellor and/or Members of the Cabinet.; o §II.7(13) to consent to the use of the Territorial Defence within one hundred kilometre radius from the borders of the Free Republic of Liberland.;

o §II.9(8) No Person shall be penalised by the Assembly Committee; testimonies given in breach of the oath shall be convicted in the Criminal Court in a regular manner.

Again, this is changing prosecution to conviction. Why?

• §II.11. Any Bill proposed to the Assembly by the Cabinet upon the State of the Republic Address, shall be debated on, and shall be voted on, once only.

o §III.11(2) §II.11(2) No vote whatsoever shall take place unless the Bureau of the Assembly has published a schedule of the affairs of the Assembly.

o §II.14(1) an Ordinary Bill;

So we're going back to capitalizing ordinary? If so, capitalize it everywhere (ie II.15/17/21/23/etc)

o §II.21(2) The Bill shall be deemed vetoed unless a simple majority of all Citizens taking part in the referendum vote ‘Aye’. o §II.22(2) The Bill shall be deemed vetoed unless a majority of two-thirds of all Citizens taking part in the referendum vote ‘Aye’.

Fixed quotes around Aye.

o §III.2(1) No Person shall hold the office of the Chancellor or Member of the Cabinet whilst holding any other public office within the legislative or judicial branch of the Public Administration concurrently.

Also, I feel like III.2(1) and (2) should be switched in order to match II.2(1) and (2). (Or II.2(1) and (2) should be switched).

• §III.4. The Cabinet shall execute in good faith all laws passed by the Assembly in accordance with Article II.

This disallows the Cabinet to exercise its judgement of the constitutionality of the law. Is this what we want? I guess it's not really needed since an imprimatur of constitutionality is required prior to a law going into effect.

o §III.10(5) The Chief Attorney of the Republic shall have the power to apply to the Civil Court to issue Publication Orders preventing any natural or legal Person from publishing and/or sharing any information which would undermine the secrecy of any information classified as a state secret in accordance with this Constitution.

If it's a state secret, why would a regular person know about it (in order to be able to publish it)? I don't know, I'm kinda leery of this provision and its necessity since it's a prior restraint on free speech.

o §III.12(4) The Chief Commissioner shall have the power to apply to the Civil Court to issue Publication Orders preventing any natural or legal Person from publishing and/or sharing any information which would jeopardise any Agent of Law Enforcement operating undercover pursuant to a Warrant.

Same with this. This would be prohibited by law, I think. It'd already be illegal to do so (for this and for classified information). Why do we need an order from a judge? Also, if a cop's undercover status has been blown (regardless of how it happens), he's not undercover anymore.

o §IV.6(1) No Person shall hold the office of a Judge whilst holding any other public office within the legislative or executive branch of the Public Administration concurrently.

o §IV.6(4) The Judicial Appointment Commission shall recommend to the Chief Justice of the Supreme Court qualified lawyers to hold the office of a Judge of the Civil Court or Criminal Court.

o §IV.7(4) ...testimonies given in breach of oath shall be convicted in a regular manner in the Criminal Court.

Again, this is changing prosecution to conviction. Why?

o §IV.8(2) The Judge at the Preliminary Hearing shall consider the merits of a claim, prosecution or appeal brought before the Court; should said Judge consider evidence to be grossly insufficient, the case may be dismissed before a full hearing.

o §IV.9(1) The Supreme Court shall be presided over by the Chief Justice of the Supreme Court who shall nominate three Justices of the Supreme Court, or two Justices of the Supreme Court and himself or herself, to hear cases and inquiries referred to the Supreme Court.

Why can't all the Justices vote on whether or not they want to hear a case? Why only three?

o §IV.9(4) All verdicts and declarations of the Supreme Court reached unanimously shall be binding upon the Supreme Court on the point of law in all future proceedings where applicable; should a verdict or declaration be reached otherwise than unanimously, the Supreme Court shall be subsequently able to depart from it by a unanimous vote.

This is kind of confusing. So if the Supreme Court makes a 5-0 decision, that decision cannot ever be overturned in the future, even if it's a 5-0 decision to overturn it? What if there's a 4-1 decision from the past and they want to overturn it? They need 5-0 to overturn it? If they vote 4-1 to overturn it, will the lone dissenter be the one writing the 'binding' opinion (since they didn't achieve a 5-0 vote)? And this conflicts with declarations of constitutionality of a bill. It needs 5-0 to declare it constitutional, but if in the future a case challenges the constitutionality, it cannot be heard?

o §IV.10(1) The Supreme Court may hear appeals from the Civil Court and the Criminal Court on the point of law, severity of sentence or material procedural irregularity.

Delete space after the period.

o §IV.10(2) The Supreme Court shall have inherent jurisdiction to issue declarations as to the law of the Free Republic of Liberland upon request by the Chief Attorney of the Republic.

Or by the Assembly, since this was added o §II.7(14) to request the Supreme Court to review the validity of any election or referendum held within the Free Republic of Liberland.

o §IV.10(4) Should some, but not all, provisions of a Bill be deemed unconstitutional by the Supreme Court, the Court may declare such a Bill constitutional with said provisions rendered unenforceable or, should the provisions be vital for the Bill as a whole, the Bill may be declared unconstitutional in its entirety.

Delete space after the period.

o §IV.11(1) The Civil Court shall have jurisdiction to adjudicate all disputes concerning contracts which were made under, and civil wrongs which took place within, the jurisdiction of the Free Republic of Liberland.

o §IV.12(4) The Victim(s) may request the Office of the Public Prosecution Prosecutor to institute free-of-charge Public Prosecution on its behalf.

• §IV.13. The Public Prosecution of the accused shall be instituted by the Office of the Public Prosecutor on behalf of the Victim(s) or the state of the Free Republic of Liberland.

I know @yopdog is going to have an issue with the bolded section here. :smile:

o §IV.13(2) Should the Victim(s) requested the Office of the Public Prosecution Prosecutor to institute the Public Prosecution and evidence be sufficient, it shall be under an obligation to act.

• §IV.14. All criminal offences shall be tried in the Criminal Court before a Judge with a panel of Jury to give a verdict of ‘Guilty’ or ‘Not guilty’.

Fixed quote after Not guilty.

o §IV.14(5) The Jury shall convict with no fewer than eleven votes.

So we're going from 12/12 needed for conviction to 11/12?

o §IV.14(6) All defendants who has have been convicted by the Jury shall be sentenced by the Judge as prescribed by law.

o §IV.14(7) The Jury shall render the verdict free from any form of coercion; should the independence of the Jury be required, the Judge may order sequestration of the Jurors.

• §IV.16. All restrictions placed upon the powers of the Civil Court and the Criminal Court shall equally apply to the Supreme Court upon appeals from such Courts. • §IV.17. All parties to any trial before any Court of the Free Republic of Liberland shall be given a fair hearing before a verdict is rendered.

Delete space after period for both provisions.

[yopdog]

§I.2. The Free Republic of Liberland shall be governed by the Public Administration and no concurrent or otherwise form of government shall be established; no special branch of the Public Administration which is not provided for in the Constitution shall come into existence; no municipal or district governing body shall be established; should the Public Administration abandon the Constitution, the Citizens of the Free Republic of Liberland shall have the right and duty to abolish such government and institute a new government, adhering to this Constitution.

The 'adhering to this Constitution' part should be removed since the government may change the constitution to no longer protect rights as the original constitution.

[ghost]

Preamble: the Preamble is not removed, I simply didn’t post it here.

General Provisions: it makes more sense to merge the Bill of Rights and the General Provisions once we abandoned ‘no law shall...’ intro to all provisions of the Bill of Rights; now we have 3 articles in the Political Institution part and the Bill of Rights which simplifies the whole Constitution.

Bill of Rights intro: it is changed to fit the Bill of Rights after the merger; part saying that the rights are enforceable before courts is already stated in one of the provisions anyway.

I.1: OK

I.3: OK

I.5: Im afraid we cant use the phrase ‘or granted special privileges under’ because entities such as legal persons will be granted separate legal personality which is a form of privilege, what is more, Judges enjoy immunities which are special privileges.

His or Her: This lawyer claims it is not grammatically correct to use ‘one’ in all those situations. This is an issue I have no opinion on.

I.10: The point is to make sure no ridiculous evidence is required to support one’s statement. I think we could make it applicable to Citizens only instead of all Individuals?

Conviction: This lawyer says it is always better to outlaw the result you want to prevent (conviction) rather than means of achieving thereof (prosecution). Probably just a tiny legal thing.

Gag orders: Please see III.10(5) and III.12(4)

I.13: It would place a disproportionate burden on the PA in terms of costs to record and publish contemporaneously all proceedings. But we can work around that.

I.14: OK

I.21: OK

I.22: This provision in conjunction with I.24 ensures that you can catch a burglar and prevent him from escaping till the police comes (before any warrant is issued); I.62 applies to people acting pursuant to a warrant (like ‘wanted’ etc).

I.23: OK

I.24: OK

II.13 (as it was): this provision was redundant – all laws are constitutional by virtue of declaration of constitutionality, if there is no declaration, it is not a law; action pursuant to an Act which is later challenged by the victim of that action as unconstitutional and declared so is also void; unlawful action (or in error) cannot entail any prosecution of the victim who resisted simply by virtue of rule of law.

I.31: It should be prosecution, not conviction here, this is an exception to ‘conviction’ rule explained above.

I.33: He suggested those phrases are too wide; I think we could use ‘grossly degradating’ instead.

I.36: That’s why we have this phrase: ‘...be they historic, contemporary and/or experimental...’

I.39: OK

I.42 and I 43: see I.5 explanation

I.44: OK

I.46: OK; I don’t think we should specify what kind of free expression is allowed.

I.48: He suggested we needed to qualify what incentives are to be prohibited as the word ‘incentive’ is extremely wide.

I.51: OK

I.56: OK, Im removing ‘all’.

I.58: OK

I.59: I am open to your suggestions but we need some leeway, it’s impossible to wage a protective war without crossing the border, it’s even hard to define with precision where the borderline goes.

II.2(2): OK

II.3: He said it had to be ‘a’ instead of ‘the’ before all those phrases; personally it’s beyond me.

II.11: OK

II.14(1): ordinary

III.2(1): OK

III.4: exactly – we have the Supreme Court judging the constitutionality before the Cabinet can execute anything.

III.10(5) and III.12(4): Disclosing such information would be a crime, publishing might be also criminalised but I want the Court to confirm that what is about to be published does in fact reveal what should not be revealed, instead of the government just preventing a publication because they think it undermines the secret.

IV.6(1): OK

IV.6(4): OK

IV.8(2): OK

IV.9 (as rephrased pursuant to your concerns):

• §IV.9. The Supreme Court shall comprise the Chief Justice and four other Justices of the Supreme Court. o §IV.9(1) The Supreme Court shall be presided over by the Chief Justice of the Supreme Court who shall nominate three Justices of the Supreme Court, or two Justices of the Supreme Court and himself or herself, to hear cases and inquiries referred to the Supreme Court. o §IV.9(2) All declarations of constitutionality shall be issued by the full bench of the Supreme Court; all cases concerned with the constitutionality of any law passed by the Assembly and any other case or inquiry of extraordinary importance as deemed by the Chief Justice of the Supreme Court shall also be heard by the full bench of the Supreme Court. o §IV.9(3) The Supreme Court shall reach its decisions with a simple majority unless required otherwise in this Constitution. o §IV.9(4) All verdicts and declarations of the Supreme Court shall be binding upon the Public Administration, public and the Civil Court and the Criminal Court on the point of law in all future proceedings where applicable. o §IV.9(5) All verdicts and declaration given by the full bench of the Supreme Court shall be binding upon the Supreme Court on the point of law in all future proceedings where applicable; should a verdict or declaration be given by a three-judge bench, the full bench of the Supreme Court shall be subsequently able to depart from it; all declaration of constitutionality and all verdicts concerned with the constitutionality of any law passed by the Assembly shall not be binding upon the full bench of the Supreme Court in any event. o §IV.9(6) The Chief Justice and other Justices of the Supreme Court shall be appointed by the Chancellor for life. o §IV.9(7) The Chief Justice or any Justice of the Supreme Court shall only be removable from their position by the Citizens with a majority of two-thirds vote in a referendum called by 10% of the overall number of Citizens registered with the Electoral Register at the time of the last General Election.

Bear with me here: the whole point here is to make only 3 Judges of the SC hear cases (instead of 5). This will ensure more efficiency as there is no need to engage all 5 of them every time.

However, the constitutionality issues will always be dealt with by all 5 of them.

Regarding the ability of the Supreme Court to bind itself – the SC composed of 3 judges will not bind the SC composed of 5 judges.

Although all constitutionality issues are resolved by 5 judges – this will be an exception and even full bench of the Supreme Court will not bind itself on issues concerning the Constitution.

I know it seems complicated but we really need to make it clear in the Constitution.

IV.10(2): OK

IV.11(1): OK

IV.12(4): OK

IV.14(5): There is always one crazy guy xD I think it’s not a big deal.

IV.14(6): OK

IV.14(7): It doesn’t make sense what you’re suggesting – the independence of the jury is always required – here we are saying that if the independence of the jury required it, sequestration may be ordered.

[terrorist96]

I.5: Im afraid we cant use the phrase ‘or granted special privileges under’ because entities such as legal persons will be granted separate legal personality which is a form of privilege, what is more, Judges enjoy immunities which are special privileges.

I see your point. How can we stop the legislature from making a law that only benefits one particular company/industry?

His or Her: This lawyer claims it is not grammatically correct to use ‘one’ in all those situations. This is an issue I have no opinion on.

I contest this. In school, we were taught that it's formal and proper to use 'one' instead of you/his/her/etc.

I.10: The point is to make sure no ridiculous evidence is required to support one’s statement. I think we could make it applicable to Citizens only instead of all Individuals?

Na, keep it as is. We don't want to treat non-citizens as second class citizens.

Conviction: This lawyer says it is always better to outlaw the result you want to prevent (conviction) rather than means of achieving thereof (prosecution). Probably just a tiny legal thing.

I don't see the reasoning here. If we outlaw prosecution, the judge will be forced to dismiss the charges upon arraignment prior to entering a trial. If we outlaw the conviction, you could still be prosecuted and dragged through a potentially long and expensive trial only to be found not guilty or acquitted in the end.

Gag orders: Please see III.10(5) and III.12(4)

Those provisions only allow for certain gag orders. I don't see anything that prohibits gag orders in general, but allowing for limited exceptions.

I.13: It would place a disproportionate burden on the PA in terms of costs to record and publish contemporaneously all proceedings. But we can work around that.

Record: get a cheap video camera, go pro, or even video from a cell phone. Upload to Youtube under an official account. Cheap and easy. Removing contemporaneously will allow for delayed (indefinitely) publication, at which point, the proceedings would be ancient history and of limited interest.

§I.24. No Person shall be placed under arrest by any Citizens or other Residents of the Free Republic of Liberland unless upon a justified suspicion that such Person has committed or is committing a criminal offence, and only for a very brief period until custody is transferred to the arrival of an Agents of the Law Enforcement.

How about this change?

I.33: He suggested those phrases are too wide; I think we could use ‘grossly degradating’ instead.

:+1: I.33. No torture or other cruel or grossly degrading treatment shall be inflicted...

I.46: OK; I don’t think we should specify what kind of free expression is allowed.

Then the prior to free expression should be removed.

I.56: OK, Im removing ‘all’.

It still needs further clarification. How about: "All Individual Citizens shall..."?

I.59: I am open to your suggestions but we need some leeway, it’s impossible to wage a protective war without crossing the border, it’s even hard to define with precision where the borderline goes.

It's called the Territorial Defence for a reason. You can't protect your territory if you're 100km outside of it. You protect the territory from within and up to the border. If you're past the border, it's no longer defence and it becomes offense. If the enemy is attacking from a distance (like with drones) then there's nothing stopping the Defence from using their own drones to go after the attacker.

I thought we had official cadastral mappings of the border?

§I.61. No law shall restrict the freedom of movement of any Individual within the Free Republic of Liberland; all Individuals shall have the right to reside in any part of the Free Republic of Liberland.

I'd also like to make this small change.

II.3: He said it had to be ‘a’ instead of ‘the’ before all those phrases; personally it’s beyond me.

I'd like to get his reason for thinking that. I've watched the Supreme Court argue about the word the prior to recess in the US Constitution as opposed to a recess and the powers of the president to make recess appointments. Believe me, the vs a matters a lot lol.

IV.9

If we want the default to be only three Justices of the Supreme Court hearing a case, the Chief Justice could use his authority to abuse the system by electing to have his most like-minded peers to hear certain cases. If the Chief is a conservative, he will be more inclined to have himself and the two most conservative justices hear most cases, leaving the more liberal justices without the ability to present their opinion on the case. I was already a little troubled with only a 5 member Supreme Court (since I'm used to 9 members in the USA), but now you want it to be whittled away to just 3? I feel like it just opens up the possibility of a miscarriage of justice. If there's a 2-1 decision, can the losing party ask the court to reconsider and hear the case en banc (full bench)?

IV.14(5): There is always one crazy guy xD I think it’s not a big deal.

So if we need 11/12 to convict, and only 10/12 vote to convict, does it count as an acquittal? I would think yes, since the person is presumed innocent until proven guilty, and if the jury fails to convict, then by default, you've been acquitted. Right?

IV.14(7): It doesn’t make sense what you’re suggesting – the independence of the jury is always required – here we are saying that if the independence of the jury required it, sequestration may be ordered.

I see. Here's my suggestion then: o §IV.14(7) The Jury shall render the verdict free from any form of coercion; the Judge may order sequestration of the Jurors should it be required for the independence of the Jury.

[ghost]

His/her: I don’t think it matters really.

Convicted: I don’t think there will be any prosecution if there is no possibility of conviction – but even if you take literal meaning of the provision, the judge will dismiss all charges at a Preliminary hearing and if that is a common practice, the Chief Public Prosecutor will be probably removed in a referendum for his or her unconstitutional attitude. Plus, a ban on ‘prosecution’ might be avoided by a defendant pleading guilty (if we twist the wording a bit).

Gag orders: see §I.12. which guarantees the freedom of press, the only exceptions are orders issued by the Civil Court related to Agents of LE operating undercover and state secrets.

Territorial Defence: I think it’s necessary to go after an attacker in some situations. Anyway Im happy to hear your suggestions (other than simple ban on crossing the border). I meant, in a combat it might be hard for soldiers to say where the border is.

A/the: as I said it was beyond me. I suggest we leave it the way it is and Im sure by the time this Constitution is adopted for real, we get some linguists to review the document several times.

Full bench: I don’t think there is a real risk of what you are saying because only non-constitutional issues will be heard by a short bench. Plus, if this point of law comes up again in the future it can be reviewed by a full bench. I am personally against courts composed of more than 5 judges because it doesn’t make any sense – if there is any conclusion to be arrived at, 3 people (a simple majority) can certainly do it.

Jury: you lost me here. The Jury will convict with 11 or 12 votes (out of 12) only. Anything short of that will mean acquittal.

The rest of your suggestions adopted. Let me think about I.5 though.

[terrorist96]

His/her: I don’t think it matters really.

Don't let the transvestites and hermaphrodites hear you say that. :stuck_out_tongue_closed_eyes:

Convicted: I don’t think there will be any prosecution if there is no possibility of conviction – but even if you take literal meaning of the provision, the judge will dismiss all charges at a Preliminary hearing and if that is a common practice, the Chief Public Prosecutor will be probably removed in a referendum for his or her unconstitutional attitude. Plus, a ban on ‘prosecution’ might be avoided by a defendant pleading guilty (if we twist the wording a bit).

We could change it to say prosecuted or convicted, but I'm satisfied with your answer.

Gag orders: see §I.12. which guarantees the freedom of press, the only exceptions are orders issued by the Civil Court related to Agents of LE operating undercover and state secrets.

Okay then. USA has freedom of the press too, but they get away with gag orders. :worried:

Territorial Defence: I think it’s necessary to go after an attacker in some situations. Anyway Im happy to hear your suggestions (other than simple ban on crossing the border). I meant, in a combat it might be hard for soldiers to say where the border is.

How about changing it to say 1km from the border? That's a reasonable distance. Any further, and you're going out and looking for a fight rather than protecting the homeland.

A/the: as I said it was beyond me. I suggest we leave it the way it is and Im sure by the time this Constitution is adopted for real, we get some linguists to review the document several times.

Okay, we'll see who's right. :stuck_out_tongue_winking_eye:

Full bench: I don’t think there is a real risk of what you are saying because only non-constitutional issues will be heard by a short bench. Plus, if this point of law comes up again in the future it can be reviewed by a full bench. I am personally against courts composed of more than 5 judges because it doesn’t make any sense – if there is any conclusion to be arrived at, 3 people (a simple majority) can certainly do it.

Okay, we can leave it as is for now.

Jury: you lost me here. The Jury will convict with 11 or 12 votes (out of 12) only. Anything short of that will mean acquittal.

Yes, that's what I was saying.

The rest of your suggestions adopted. Let me think about I.5 though.

:+1:

[ghost]

I would be happy to make 10km. Sounds reasonable to me :)

[terrorist96]

One more small change:

§I.4. The enumeration of certain rights in this Constitution shall not be construed as to deny or disparage others retained by the Citizens and other Residents of the Free Republic of Liberland; all Rights enumerated in this Constitution shall be exercisable where no equal Rights of others are infringed upon by force, fraud, force, or threat thereof, whether physical or psychological, or threat thereof.

[ghost]

Here is what I think:

§I.5. All Persons within the jurisdiction of the Free Republic of Liberland shall be bound to observe the Constitution and all laws passed by the Assembly in accordance therewith; all bodies of the Public Administration, its Members and Agents, shall act within the realms of the Constitution and all laws passed by the Assembly in accordance therewith; this Constitution, Acts passed in accordance therewith and Executive Measures issued under powers delegated to the Cabinet by relevant Acts shall be the only instruments capable of binding the public at large.

§I.6. No Person shall be excluded from the operation of, or granted any privilege under, any law passed by the Assembly; nor shall any Person be treated differently by law due to his or her origins, religious beliefs, sexual orientation, gender and/or cultural background; nothing in this provision shall prevent the Members of the Public Administration from enjoying certain immunities as described in this Constitution and no others; nor shall the Assembly be prevented from granting certain immunities to all legal Persons by virtue of possessing a separate legal personality.

§I.42. No law shall promote any religion; nor shall any law be utilised to impose one’s religious beliefs on any other Person; no law shall hinder practising of any religion on any premises which do not belong to any body of the Public Administration; no religious symbols shall be displayed on any premises belonging to any body of the Public Administration, nor shall any religious practice impeding the work of such body shall be allowed on such premises.

§I.43. No law shall promote any gender; nor shall any law distinguish between genders unless such distinction is necessary owing to physiological differences between the sexes; standards of all examinations conducted by any branch of the Public Administration prior to offering employment shall equally apply to all genders; all Persons shall be assigned their natural gender on birth; all Individuals shall have the right to change the gender assigned to them on birth without any excessive administrative burdens in a manner prescribed by law.

[terrorist96]

:+1: One concern I've been having is that the Assembly is granted only 14 different powers for making legislation, however there are other parts of the constitution that say, for example, 'as prescribed by law'.

I propose this change:

o §II.7(1) to pass legislation necessary for carrying into force the powers enumerated in this provision and no others mentioned throughout this Constitution;

The reason for this being that some of the 'as prescribed by law' mentions don't apply to a power explicitly granted to the Assembly.

[ghost]

Yeah you're right