21 December, 1949
The Articles of
The People of
The Gavastek Islands
and their Governance
The people of our great nation have suffered too long under the regime of tyranny. For too long basic human rights have been denied to our great people by an oligarchy of nationalist dictators and unregulated military leaders. To combat this disease, our great nation must ensure that it will never again be possible for it to fall into the hands of evil, and away from the true will of the people. The following laws shall be the unanimous and unequivocal rights of all people within our territories:
Topic One- Freedom of protected speech
(1)All persons within our nation shall have the right to openly criticize governments, institutions, corporations, and government employees (elected officials, military, government contract holders, non-private citizens), without fear of government intervention or persecution; extended to companies and educational institutions. (2) All persons shall have the right to and from speaking, in all private and public settings, including but not limited to courts and legislative hearings.
Topic Two- Freedom of Practice, State Religious Support
Within this nation, the government shall officially practice Reform Judaism as the state religion; a prayer by a rabbi shall open all sessions of governing and judicial proceedings; all government facilities must maintain proper kosher practices and offer prayers from a certified rabbi. The people of this nation shall not be required to practice Reform Judaism in any way, shape or form, unless they agree with the practice/teachings; no one should face persecution or hardship based on their religious beliefs.
Topic Three- Freedom to fair/equal investigations and trials, legal representation
(1) Any person investigated for potential criminal activity and charged shall be tried only by a court of 57 random peers, who are residents of the executive council district where the offense occurred; (2) The accused shall be detained in law enforcement premises pending trial for not more than two weeks from the date of arrest; (3) A trial by jury shall be conducted by a judge elected by the citizens. These judges shall determine that the prosecution and defense, together with all other aspects of the trial, shall be in accordance with national law within the Criminal Courts. (4) All persons that reside within the country have rights under the full due process of the law. (5) All persons have the right to an attorney of law complementary and completely free of charge, all costs provided by the state, in the event that that person is accused of a crime.
Topic Four- Freedom from discrimination
No person shall be discriminated against on the basis of ethnicity, race, !@#$, age, socio-economic status, or religious practice; any prohibition against a party in any said group must apply to all parties within that group.
Topic Five- Freedom to choose representatives of the government
All citizens who are of 17 years of age or older and who are not currently serving a criminal sentence or have served a prison sentence within the past six months shall have the unquestionable ability, and need, to vote for the candidate of their choice through a democratic process; all eligible citizens must vote to maintain a consensus amongst the people who elect.
Topic Six- Freedom from quartering and seizure
All persons within the sovereign territory of Gavastek shall be free from the unlawful act of quartering of soldiers or other members or helpers of the government. Concurrently, no person shall have any property, body, or belonging, searched or seized, without due process of the law, and proper, equal, and valued compensation for such items. A person May only be barred from compensation for a seizure should the action occur as the result of evidence in the committing of a crime.
Requirements in the government process and national legislation
Clause One- (Section One) the bodies of The National Assembly shall have the sole power to pass legislation.(Section Two) The National Assembly shall have the sole power to (1) declare war; (2) sign treaties; (3) pass trade agreements; (4) embargo and/or sanction governments, institutions, companies, and persons. (Section Three) (1) The National Assembly shall appoint a speaker. (2) The National Conference shall appoint a president from the members of its body. (3) The National Assembly shall create rules on which to govern floor proceedings. (4) The National Conference shall install governing proceedings of sessions.
Clause Two- (Section One) Government legislation shall be divided into three separate tiers, in an attempt to reduce the risk of corruption and laws that are not in the interest of the people. (section two) The separate tiers shall be divided as follows: (1) The Gavastekan General Counsel shall consist of 623 representative districts. Named representations, each is to elect a representative; these districts shall each have the same population according to the nearest tens of persons. (2) The following shall be the second, intermediate level of legislation. This shall be called The Gavastekan National Conference, which shall consist of 99 members, each belonging to separate districts named as distinctions; these districts shall consist of six and one-third whole representations, which must all border each other. (3) Thirdly, the highest legislative level shall be called The Gavastekan Executive Council, and shall consist of 13 members, each appointed by the citizens of their respectable electorate through a plurality vote; all council electorate bodies shall be evenly spread across the country in amounts of eligible voter populations.
Clause Three- (Section One) Each representative of the General Counsel shall be elected on the twenty-first day of October every third year by the voters of his district. The elected representative shall be sworn into office by the regional governor on the first of January of the next year; a representative shall be limited to a total of 4 terms of office, consecutive or not. If appointed by special election, a representative's term shall be counted unless he has served less than half of the term, and shall not be counted as a one-time exception. (section two) members of the National Conference shall be elected by the voters of their district every three years, on the twenty-first day of October. one third of the body shall be elected each year, totalling to thirty-three. The elected members must report for office on New Year's Day closest to the election. The elected members shall be sworn in by the Executive Council Member under whom the majority of their district lies; a person shall be limited from being elected or re-elected to a total of 3 terms. If from a special election and has served one year or less of the term, it shall not count towards the term, but with only a one-time exception. (section three) A member of the Executive Council shall be elected on the twenty-first day of June by election in their district. The members shall sit on the council for seven years. The council's leader shall be elected from among the council's members by the entire voting population through a simple majority, or through runoff elections until a candidate receives a simple majority. Members are limited to a total of two terms, consecutive or not. The leader of the council acts as meeting leader and shares the role of head of government with the other twelve council members; The Chief Justice of the Supreme Court shall administer the oath of office to all elected members of the Council. If the office of Chief Justice is vacant, the oath shall be administered by the current Head of State. (section four) (1) The Head of State shall be elected nationally by the eligible voting body once every five years; from ranked-choice voting, a candidate shall be elected to office, and shall relinquish all party affiliation during their time in office. (2) The election of Head of State shall occur on the twenty-first of October, in years ending with four, or nine. (3) The Head of State shall be sworn into office on the twenty-first of March closest to the election, in years ending with five, and zero. (4) The office of Head of State shall be named as President, and shall be non-repeatable. (5) The Head of State shall be on the Committee of Military Commandment, along with the Minister for the Armed Forces; the Chief General of Army; the Grand Admiral of the Navy; the Grand Marshal of the Air Force. (6) In the presence of a sudden vacancy of the office of President of Gavastek before the end of the term, the order of succession shall be implemented, and a special election shall occur within two months of vacation of the office. (7) The position of President of Gavastek must be filled by the sworn-in replacement within sixty-seven days.
Clause Four- (section one) Members of the National Judiciary shall be appointed by the people. (section two) (1) The Justices who reside on the Supreme Court of Gavastek shall be elected nationally once every nine years. (2) One Justice shall be elected each year. (3) Judges not residing in the Supreme Court of Gavastek shall be elected once every six years. (section three) The elections of Judges shall occur on the twenty-first of October. (section four) Judges-elect shall report to the national capitol building on the thirty-first of January, for swearing-in by the President of the National Conference. (section five) (1) Judges and Justices may only be removed from their placement of their bench through an impeachment by simple majority in the General Counsel, and removal from office by the National Conference through two-thirds vote. (2) Judges and Justices may also be removed by a recall election established through a petition of one-third of eligible voters whom they presided over as judge. (3) Judges and Justice rescind the right to self-resignation during investigations or trials of their alleged malpractices. (section six) (1) In the absence of a Supreme Court Justice, whether it be by removal, censure, resignation, inability to perform the duties of the office, or death, the position may be temporarily filled by a nominee chosen by the Attorney General, and approved by a simple majority of the General Counsel and National Conference. (2) Immediately following the vacancy of a Supreme Court position, a special election shall be scheduled for within one month to appoint a judge to serve out the remainder of the seat’s term. (section seven) (1) The Chief Justice of the Supreme Court of Gavastek shall be chosen from the elected Justices each year. (2) Justices appointed by the Attorney General shall be ineligible for the position of Chief Justice of the Supreme Court of Gavastek, unless later elected by national vote. (3) The Chief Justice must win a plurality vote nationally to be appointed to the office. (4) The Chief Justice-Elect shall be elected on the first of February closest to the previous judicial elections. (5) The Chief Justice-Elect shall be sworn in by the current Head of State of Gavastek.
Clause Five- (section one) Each city, town, and village shall appoint a Sheriff to serve as the chief law enforcement agent of their jurisdiction. (section two) Each county shall appoint a Governor to serve as the chief law enforcement agent under their jurisdiction. (section three) (1) Elections of Sheriffs shall occur once every four years, on the twenty-first of October. (2) Elections of Governors shall occur once every two years on the twenty-first of October. (section four) Governors and Sheriffs shall appoint deputies who shall serve at the pleasure of themselves and the people. (section five) Sheriffs and Governors shall enforce all laws inlayed in this constitution and all following laws passed by the National Legislature, free of personal bias or belief.
Clause One- (Section One) If a representative receives a petition from one-fourth of eligible voters that they represent to be removed from office, the representative shall have the option of either resignation or rejection of the petition. If the person rejects the petition, the citizens represented by the person in question may remove the accused from office, if a petition reaches one third of the eligible voting population which the accused represents. If the removal vote is accepted, citizens may vote to remove the accused. The vote must achieve a two-thirds majority to validate. A removal vote may also be initiated if an intermediate court presiding in that territory may request it in response to a criminal investigation or prosecution of the representative. (section two) If eligible voting citizens wish the removal of a member of the National Conference, the citizens of the specified distinction shall request that their representative of the lower body confront the member in question. If the confrontation fails, or if it does not lead to resignation, citizens may now choose to vote to remove the person from office, should a petition be approved by one-third of the district's population. Should this motion pass, the accused loses the right to resign until the result of the vote is known. if two-thirds of the district votes to remove, the conference member shall transfer power to the newly elected official from the result of a special election. Between the time of removal and the next appointment, the position shall be temporarily filled by the governor of the affected region.
Clause Two- (Section One) If a member of the Executive Council is deemed unfit for office by the people they represent, the Councilmember shall be petitioned for by one-third of the population of their district. After receiving the petition, the member shall not resign pending trial before the national grand jury. The panel of all judges of the Supreme Court shall serve as monitors of the trial. The Attorney General must lead the case against the accused member of the council. Should the member be found not guilty, they shall return to their duties and may have their right of resignation reinstated. If the accused are found guilty, they shall be immediately removed from office and barred from holding any future public office. The Supreme Court shall select the temporary replacement, approved by the majority of the General Counsel, until an election fills the seat. (section two) If a member of the national court system should be in doubt about the fair and honorable discharge of their duties, a petition by one-fifth of their district electors may temporarily block their judicial powers pending an investigation. Should the investigation be fruitful, the judge shall be either temporarily or permanently suspended from judicial duties, acts, and powers, depending on the seriousness of the act, as decided by a grand jury. If a judge is found guilty of corruption, the judge shall be barred from holding public or private office and from working for the government. At the same time, they must be sentenced to five years of rehabilitative punishment.
Clause Three- (Section One) Should the representatives within the National Assembly lose their belief in the current government’s ability to perform their duties, they may complete a vote of no-confidence against that government. (Section Two) Should a vote of no-confidence pass both the General Counsel and the National Conference with an absolute majority of two-thirds, the government shall be removed, and a national special election shall commence within two weeks of the successful vote. (Section Three) The vote of no-confidence may occur at any time of a term, except for during the first month of a term, or the last two weeks of a term. (Section Four) The vote of no-confidence removes all listed ministers and executive council members.
Clause Four- (Section One) Every year, upon the Twenty-Second of February, the National Assembly shall hold a joint session with in attendance, The General Counsel of Gavastek, The National Conference of Gavastek, The Executive Counsel of Gavastek, The President of Gavastek, The Committee of Military Commandment, The Supreme Court of Gavastek, and The Civil Press. (Section Two) This joint session of the National Assembly shall feature speeches from every member of The Executive Council of Gavastek, on the current state of the country, along with idealised plans of how to best forward the progression of the country for the better.
(section one) The legislature shall have the power to determine taxes in accordance with the incomes to ensure a proper social policy. The government must always provide free healthcare, education, secondary education, housing support, and proper nutrition to all citizens within our borders. For anyone earning twice the national average wage, they must pay at least 65% income tax. For anyone earning the national average to less than twice the national average, they must pay an income tax rate of at least 50%. Anyone who earns half of the national average wage must pay a 25% minimum income tax. Those who earn less than half the national average shall pay a maximum of 10% income tax. To pass tax laws, a bill must be approved by all three houses by a margin of 51% or more. (section two) The Legislature shall create a National Reserve, which shall print, issue, and manage all currency intended for both public and private use. This national reserve bank will ensure the strength of the Gavastekan Rine. The National Reserve shall manage a public gold reserve to ensure transaction rates of one thousand Rines to thirty grams of gold. All coins must be made of pure silver, with a thirty-gram coin equal to ten Rines. The currency must be in brackets of ten. (section three) The National Reserve shall have the obligation to investigate and manage the economy to the best of its ability under the Ministry of Economics and Ministry of The Treasury. The National Reserve shall determine the monetary policy of all banks under the territories and jurisdiction of this nation. (section four) (1) The National Reserve shall set a minimum wage that grows with inflation or shrinks with deflation. (2) The minimum wage shall be announced every year two weeks before the beginning of the next year, on the eighteenth of December; unless that day is the sabbath, then which the announcement shall be moved to the following Sunday. (3) The announced minimum wage of the year shall be implemented into practice on the first day of the new year. (4) This minimum wage must meet the national average cost of living. (section four) (1) The National Reserve, along with the Ministry of The Treasury shall propose a national budget. (2) The budget shall be funded through taxes, fees, and fines. (3) Funds from fines shall be used to improve or finance the subject field in which the fine was issued. (4) The proposed budget shall be reviewed by all ministries, who shall amend the budget to better suit proper allocation of funds, until there is a consensus among all ministries. (5) The proposed budget must pass a simple majority vote in all houses of the legislature to become binding. (6) The budget must be passed within two weeks of the new year, and shall be implemented on the first day of the new year. (7) should no budget be passed by the two week deadline, the original budget proposed by the Ministry of The Treasury is automatically implemented.
Clause One- (Section One) The Government shall operate under a combination of the following Ministries: Education; Energy and Services; the Armed Forces; Transportation; The Treasury; Economics; The Interior; Justice; Social Benefits; Health; Agriculture; Foreign Relations. (section two) These ministries shall manage their ministerial duties and shall have the authority to set policy over their subject issues and processes.
Clause Two- (Section One) The Ministry of Social Benefits shall supervise and manage the processes of free housing, social welfare, and employment; The Ministry of Justice is to handle all peacekeeping, law enforcement, the justice system, and rehabilitation (rehabilitation is to be handled through an expanded agency); The Ministry of Education shall be responsible for ensuring that all minors receive high-quality education and that all non-minors receive high-quality secondary education free of charge should they so desire; The Ministry of Health shall exercise jurisdiction over matters relating to the well-being of a person's mental, physical and emotional health. The ministry shall regulate the processes of universal health care and the availability, approval, safety and effectiveness of all medicines within this nation. The Ministry of Health shall create, manage, and monitor a commission to regulate all food products, to create and inform the public of safe, proper, and healthy nutritional policy. (section two) Respective ministries within this government shall direct decision-making and policy regulation in which they shall be placed, as long as under the guidance of field experts and trained researchers in the given subject.
Clause Three- (section one) Ministries may be added or removed only by a two-thirds majority vote in the General Counsel, National Conference, and the Executive Council. (section two) Ministries shall be directed by respective ministers, who shall be elected by the people of Gavastek. (section four) (1) Elections for Ministers shall occur every year that contains main Executive Council elections. (2) Ministers shall be elected on the twenty-first of October. (3) Ministers shall be sworn in on the first of January closest to election.
(section two) (1) Should a Minister be believed to have grossly misused their powers or completed their duties, any member of the General Counsel may produce Articles of a Svek Inquiry, in which a committee shall be created to investigate any alleged misdoings of the accused Minister. (2) Should the committee find reason to believe the Minister has grossly misused their powers or completed their duties, they may through a simple majority vote refer the matter to the entire General Counsel, who may vote to impeach the accused Minister by simple majority vote plus one. (3) Following impeachment, the right to resignation shall be suspended for the accused Minister, who shall face trial with the National Conference. (4) Through a two-thirds majority vote, the Minister will be removed from office, and permanently barred from holding any future public office. (5) If the National Conference fails to meet the two-thirds majority vote to remove, the Minister shall be acquitted, and have the right to self-resignation reinstated.
Clause One- (Section One) A person shall be considered eligible to vote in all national, regional, local and municipal elections if they are of seventeen years of age, are citizens or permanent residents, have not been convicted of a crime within the last six months, and have met the minimum national requirements on the secondary school diploma. (section two) Voting shall take place within designated government facilities and other approved buildings. Voting shall occur between 09:00 and 19:45 GCT (Gavastek Central Time). No ballots shall be accepted before or after designated voting times, and no ballots shall be cast outside designated polling places. (section three) Ballots shall be permitted to be received through the national post office and cast as such.
Clause Two- (Section One) In order to maintain the integrity of the will of the free people, all persons entitled to elect government must be required to vote in all local, regional and national elections; voters must vote in all offices open for election. (section two) The votes must be counted by non-political professional election officials to ensure the correct will of the free people over governance. No one other than such trained non-political election officers shall be permitted to count votes.
(section one) Should a person take on the great responsibility and honor of serving in an elected government office, they must waive their right to trade in all stock markets. (section two) All elected government officials shall be subject to the release of all personal documents and financial reports (for example, but not limited to: credit history, birth certificates, criminal records, civil records, etc.).
(section one) This Constitution shall be amended only if either a petition of 25% of the voting population so requires, or if an amendment passes the lower and middle houses of the legislative branch. The Executive Council shall not be allowed to veto such a motion. (section two) An amendment may only be proposed in the national legislature within the General Counsel, and requires at minimum one-hundred co-sponsors to be debated and voted on in the legislature. (section three) For an amendment to pass through the national legislature, a mandatory two-thirds majority vote is required. (section four) Should an amendment pass the national legislature, or has reached the approval of twenty-five percent of those eligible to vote through a petition, it shall go to a national vote. To be ratified as part of this constitution, the proposed amendment must receive at least two-thirds approval of those eligible to vote in at least three-quarters of all council districts. (section five) If the amendment is ratified by national vote, the amendment must be signed into law by the current head of government, the head of state and the chief justice of the majority bench.
(section one) No citizen, resident, or visitor of a foreign country may be detained, sold, or entered into any form of unpaid or underpaid labour, indentured servitude, or slavery. (section two) Should a person be placed into unpaid or underpaid labour, indentured servitude, or slavery, the person(s) receiving benefit or aid from such illegal gains shall be punished by the due process of the law, receiving a minimum of ten years imprisonment in rehabilitation, if found guilty. (section three) Victims of unpaid or underpaid labour, indentured servitude, or slavery, shall be exempt from criminal prosecution related to crimes of illegal immigration, or other illegal practices performed in labour of such unlawful employment, should they so report it, or be found irresponsible of the action perpetrated against any and all other victims of these illegal activities and practices.
(section one) the order of succession to the President of Gavastek, whom is the Head of State of Gavastek, and a Member of the Committee of Military Commandment, shall be as follows: President of the National Conference; Speaker of the General Counsel; the Attorney General; the Minister of Foreign Relations; the Minister of the Armed Forces; the Minister of The Treasury; the Minister of Economics; the Minister of Health; the Minister of Social Benefits; the Minister of Education; the Minister of Energy and Services; the Minister of Transportation; the Minister of Agriculture; all further ministries in order of creation, unless otherwise legislated by The National Assembly
(Section One) The National Judiciary shall be broken into three sects, that being Criminal, Civil, and Legislative. (Section Two) (1) The criminal court system shall facilitate all criminal charges, trials, and appeals. (2) Civil Courts shall deal with non-criminal quarrels between persons. (3) Legislative Courts shall accept challenges to legislation, policy, and guidelines that an accuser believes to be in violation of the Gavastek Constitution, and rule in the best interpretation of the law. (Section Three) Each sect of the National Judiciary shall be made up of four layers of appeal. (Section Four) The layers of appeal shall be as follows from lowest to highest seniority, and order of appeal: (1) Judicial Court; (2) Circuit Court; (3) Court of Appeals; (4) Supreme Court of Gavastek.
Changes to the articles
(1950) (1.) All women have the right to an abortion. The right to abortion shall not be removed, limited or opposed in any sense or form.
(1950) (2.) (Section One) The People of Gavastek shall see the creation of The Grand Jury of National Justice. (Section Two) (1) The Grand Jury of National Justice shall be comprised of sixty-five persons, five each from every Executive Council District. (2) The persons shall be of random selection, and between the ages of thirty and seventy-five. (Section Three) (1) The Grand Jury of National Justice shall be the only body that may circumvent the powers of criminal cases ruled on by the Supreme Court of Gavastek. (2) The Grand Jury of National Justice shall only be convened by either a judge elected by the people of Gavastek, or a petition of both the defensive and offensive attornies. (3) The Grand Jury of National Justice shall have the only authority to indict and/or convict a person of treason, espionage, or assassination of an elected member of government.
(1972) (3.) No person shall be discriminated against based on their sexual orientation, gender identity, or mental/physical disabilities, as has already been observed with race and gender.
(1993) (4.) (Section One) No person who has aided, abetted, facilitated, or conspired to commit an act of rebellion, insurrection, or a coup d’etat against the government of Gavastek shall be eligible for any office of legislative, executive, or judicial qualities, public or private. (Section Two) Any person who has aided, abetted, facilitated, or conspired to commit an act of treason or espionage against the Socialist Republic of Gavastek shall be subject to life imprisonment, void of rehabilitative efforts, and subject to the death penalty at the discretion and mercy of The Grand Jury of National Justice.
(2001) (5.) Counting of votes shall be allowed through properly constructed and supervised specialised voting machines. Should these machines be unavailable, all ballots must be counted and confirmed by two people each.
(2023) (6.) (Section One) No convicting body, except for a unanimous decision by The Grand Jury of National Justice, shall order the signing of a warrant of death against any person, foreign or citizen. (Section Two) The penalty of death may only be facilitated in the most extreme cases of espionage, treason, or !@#$. (Section Three) The National Assembly shall have the power and responsibility to create proper legislation to enforce this constitution.
(2080) (7.) After the end of the current 2080 political cycle in the Executive Council, the term of office shall be fixed at three years each for the Executive Council, the National Judiciary and the National Conference. A person shall have the opportunity to serve a maximum of four such terms of office, consecutively or not. Terms may not be transferred from one type of service to another.
(2084) (8.) The name of the country should be changed from 'Den Desmatroviska Sociala Republiken Garlendan Folket' (The Desmatrovian Social Republic of the Garlendan People) to 'Den Socialistiska Republiken Gavastek' (The Socialist Republic of Gavastek).
ברוך אתה אלוהינו הנצחי, שליט היקום, ששמר אותנו בחיים, חיזק אותנו והביא אותנו לרגע הזה.
(Blessed are you our eternal God, ruler of the universe, who kept us alive, strengthened us and brought us to this moment.)
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