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The purpose of a Constitution is to protect individuals against the government.

Constitutional Monarchy is chosen as the theme of this Draft Constitution, on the grounds that in the nineteenth and twentieth centuries constitutional monarchy has had a much better record at preserving individual liberty than other forms of government. It is technically possible to achieve similar results with a republican constitution, provided that a very high degree of care is taken in limiting the power of the president.

This Draft Constitution is suggested as a starting point for nations escaping from the tyranny of a domestic despot (whether an individual or a political party), or from the barbarity of a foreign invader.

In either case, a freedom-seeking population will generally need outside help, and securing the necessary external assistance may be easier if the freedom seekers can present a document which clearly shows how the new nation will conduct itself when freedom is achieved.

Note that if the population exceeds four million, or if there are clear differences of geography, language or ethnicity within the nation, then we should favour a federal or provincial system which keeps political power close to the people. The constitution here is most suitable for a small, homogenous nation. An expanded constitution will be required for a federal or provincial system.

This Draft Constitution breaks new ground in two important areas. Firstly it excludes the risk that a government may levy taxation.

Secondly, the Draft Constitution emphasises the principle that government owns nothing, but holds in trust for the citizens the National Asset. The corollary of this principle is that the income from the National Asset, known as the National Dividend, is shared among all citizens. Provision exists for the distribution of a greater proportion of the National Dividend to individuals unable to provide for themselves.

The existence of the National Dividend means that there is no need for social welfare, as all the people receive a share in the income of the Nation.

Another feature of the Draft Constitution is that it sets a new standard for outsourcing, with contractors invited to tender for a wide range of services, which include even the Courts.

 

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1. Establishment of this Constitution

2. Amendment of this Constitution

3. The name of the Nation

4. The territory of the Nation

5. Citizens of the Nation

6. Permanent Residents of the Nation

7. National Asset

8. National Dividend

9. The Franchise

10. The Government

_10.1 Functions of Government

_10.2 Organs of Government

__10.2.1 The Sovereign

__10.2.2 The Council of Wisdom

__10.2.3 The House of Approval

__10.2.4 The House of Proposal

_10.3 The Legislative Process

__10.3.1 Acts of Parliament

__10.3.2 Invalidity of Acts of Parliament

_10.4 Powers, Responsibilities and Rights

__10.4.1 Sovereign

__10.4.2 House of Approval

__10.4.3 House of Proposal

_10.5 Resolving Differences between the Houses

_10.6 Limitations on Government

__10.6.1 Currency

__10.6.2 Borrowings

__10.6.3 Commerce

1. ESTABLISHMENT OF THIS CONSTITUTION

This Constitution may be established by an absolute majority of all Citizens of the Nation, voting optionally at a Referendum.
 

 

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2. AMENDMENT OF THIS CONSTITUTION

This Constitution may be amended by the passage through the House of Proposal and the House of Approval, of a Constitution Amendment Bill, which is further endorsed by a two-thirds vote of a Joint Sitting of the two Houses, which receives the assent of the Sovereign, and which is then approved in toto by an absolute majority of all Citizens of the Nation, voting optionally at a Referendum.

 

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3. THE NAME OF THE NATION

The name of the Nation shall be:

.................................

 

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4. THE TERRITORY OF THE NATION

The territory of the Nation shall be:

.................................

 

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5. CITIZENS OF THE NATION

The Citizens of the Nation shall constitute:

• Persons conceived and born in the Territory of the Nation.
• Persons born of not less than one indigenous parent or not less than two indigenous grandparents.
• Persons who have purchased National Citizenship on terms laid down by the Government.

6. PERMANENT RESIDENTS OF THE NATION

All Citizens of the Nation are entitled to be Permanent Residents. Persons other than Citizens of the Nation may purchase the right to Permanent Residence on terms laid down by the Government.

  
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7. NATIONAL ASSET

The National Asset is the total non-private wealth of the Nation. It includes:

• Minerals in the ground within the territory of the Nation.
• Minerals under the seas within the territorial zone of the Nation.
• Minerals dissolved within the seas within the territorial zone of the Nation.
• The right of exploration for minerals.
• Fish and fisheries in the rivers, estuaries and territorial waters of the Nation.
• Land not in private ownership and rights over such land.
• Rivers, dams and estuaries not in private ownership.
• The right of conducting military exercises on the territory of the Nation.
• The right of overflying the Nation.
• The right to launch atmospheric, sub-orbital, orbital and trans-orbital vehicles from the territory of the Nation.
• The right of broadcasting from the Nation.
• The right to generate electricity using the resources of the Nation.
• The right of using the name of the Nation.
• The geothermal resources of the Nation.
• The right to visit the Nation.
• The right to dispose of or store waste on the territory of the Nation.
• The right to pollute the waters, air or soil of the territory of the Nation.
• The right to establish detention and correction facilities on the territory of the Nation.
• The right to become a Permanent Resident of the Nation or a Citizen of the Nation.
• Equity vested in the Nation by business firms in return for enjoying the tax-free commercial environment of the Nation. Companies which vest in the Nation a prescribed percentage of their equity, in the form of non-voting stock, are exempt from taxation of the company income. The percentage of equity prescribed from time to time by the Government may not exceed 7½% of the stock of each company.
• Payments received for purchase of Citizenship.
• Proceeds of the sales of any part of the National Asset.
• Other assets which may be claimed by the Government for the National Asset, subject always to the requirement that the Government shall not make any acquisition for the National Asset by force, fraud nor coercion, nor by means other than agreement freely reached and freely made.

The Government holds the National Asset in trust equally for each citizen of the Nation. It is the obligation of the Government to maintain and preserve the National Asset and to use the National Asset to build the National Dividend.

 

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8. NATIONAL DIVIDEND

The National Dividend is the annual non-private income of the Nation which includes:

• Fees from Flag of Convenience (FOC) registration of shipping.
• Dividend income from company equity which has been vested in the Nation.
• Payments for the right to explore for minerals, based on certainty of tenure.
• Royalties on mining within the territory of the Nation, which shall not exceed 2% of the value of minerals won.
• Royalties on mining within the territorial seas of the Nation which shall not exceed 2% of the value of minerals won.
• Royalties on fishing within the territorial seas of the Nation.
• Payments for the right to advertise on non-private land.
• Royalties from concessions or monopolies properly granted by the Government.
• Income from fines.
• Payments received for the right of Residence.
• Visa fees.
• Broadcasting licence fees.
• Payments for the tenancy of diplomatic and defence facilities of other nations.
• Payments for the right to operate detention, correctional and rehabilitation facilities within the Nation.
• Payments for the operation of military training and exercise facilities.
• Payments for the right to husband or harvest native fauna and flora.
• Income from investments.
• Landing and launching fees.
• Fees paid on a quantity basis for pollution discharged into the air, water or soil of the Nation.
• Payments for the use of components of the National Asset, not elsewhere listed.

The Government may direct a maximum of five percent of the National Dividend to the administrative costs of Government. Recipients of National Dividend Payments are Citizens of the Nation who are residents of the Nation; and their dependants who are residents of the Nation. National Dividend Payments are calculated by dividing the total National Dividend by the number of recipients, subject to each Recipient being eligible to receive a share proportionately for that part of the year for which the Recipient is eligible. Not earlier than 15th October each year and not later than 15th December each eligible Recipient shall receive the appropriate share of the National Dividend for the year ending on the previous 30th June.

 

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9. THE FRANCHISE

All adult Citizens of the Nation are entitled to vote to elect the Council of Wisdom.

All adult Citizens of the Nation are entitled to vote at a Referendum.

All adult Citizens of the Nation are entitled to vote for the House of Approval.

All adult Citizens of the Nation, who during the past ten years have lived four years within the territory of the Nation and who have enrolled as electors for a constituency, are entitled to vote for the House of Proposal.

Voting is voluntary and secret, and may be performed electronically.

 

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10. THE GOVERNMENT

The aim of Government is to protect the rights of the people of the Nation.

 

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10.1 The Functions of Government

• To make laws for preserving the life, liberty and property of the people of the Nation.
• To make laws for enhancing the opportunities of the people of the Nation for health, education and welfare.
• To hold in trust, equally for all of the people of the Nation, the National Asset.
• To make laws administering the National Asset and the National Dividend.
• To make treaties which contribute to preserving the territorial integrity of the nation.
• To raise the minimal revenue required for discharging the functions of government.
• To grant exploration licences and maintain a register of such licences.
• To grant licences for mining and the extraction of minerals and maintain a register of such licences.
• To invite and award tenders for the performance of administrative functions including:
• Census.
• Electoral Roll creation and maintenance.
• Conduct of elections.
• Governmental accounting.
• Policing functions.
• Operation of civil courts to resolve disputes of contract and provide compensation for torts.
• Operation of criminal courts, the principal aim of which shall be compensation of the victims of crime at the expense of the perpetrators.
• Maintenance of registers of licences for minerals exploration and extraction.
• Revenue collection.
• Administration of the National Asset.
• Distribution of the National Dividend.
• Representation abroad of the Nation's interests.
• National Defence.
• Evaluation of tenders.
• Insuring fragile components of the National Asset against natural or human-induced disaster (for example protecting forests against fire).
• Training citizens in the techniques of resisting and defeating an invader.

10.2. Organs of Government

The functions of Government are vested in a Parliament consisting of:

10.2.1 The Sovereign

The first Sovereign is chosen by the Council of Wisdom. On accession the Sovereign nominates an Heir who requires the approval of the Council of Wisdom. The Sovereign serves until demise or abdication or incapacity, whereupon the Sovereign is succeeded by the Heir.

The Sovereign is provided with an official residence, such residence being part of the National Asset, and receives ten shares of the National Dividend. The Sovereign may not also be a Member of the House of Proposal or the House of Approval. The Sovereign is the sole person in Government who is expected to work full time in the interests of the Nation.

10.2.2 The Council of Wisdom

The functions of the Council of Wisdom are the appointment of the first Sovereign, and approval of the Heir and subsequent Heirs. The Council of Wisdom consists of ten persons elected for life by proportional representation. When the membership of the Council of Wisdom shall be reduced by death or incapacity to five persons, a new election is held by proportional representation to restore the number of the members of the Council of Wisdom to ten.

10.2.3 The House of Approval

The House of Approval has equal numbers of male and female members, elected by proportional representation by all eligible voters, voting as a single electorate, with each subsequent election being held on the fifth anniversary of the previous election.

At the first election of the House of Approval, two categories of members are elected. The first category, comprising half the total membership, is elected for ten years. The second category, comprising half the total membership, is elected for five years. The number of members of the House of Approval is half the number of members of the House of Proposal. Half the members of the House of Approval retire at each election and may offer themselves for re-election.

Members of the House of Approval may attend and vote at meetings of the House of Approval, in person or electronically. Each Member of the House of Approval receives three shares of the National Dividend.

10.2.4 The House of Proposal

A Term of the House of Proposal shall not exceed four years. Not less than seventy-five percent and not more than eighty-five percent of Members of the House of Proposal represent single-member constituencies, which are constructed where possible to incorporate geographical entities. The numerically largest constituency shall not exceed double the number of voters of the numerically smallest constituency. In allocating boundaries of constituencies, the aim is a judicious balance between equality of representation and equality of access to representation. The balance of Members, not more than twenty-five percent and not less than fifteen percent, are elected by proportional representation by the whole electorate voting as a single constituency.

Members of the House of Proposal may attend and vote at meetings of the House of Proposal, in person or electronically. Each Member of the House of Proposal receives three shares of the National Dividend.

 

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10.3 The Legislative Process

10.3.1 Acts of Parliament

Acts of Parliament are Bills passed by the House of Proposal and the House of Approval, and which receive the assent of the Sovereign. Representatives of the Government derive their decision-making power only from Acts of Parliament. An Act of Parliament is required for the establishment of significant public policy, or a change therein, in matters including, but not necessarily limited to:

• The prescribing of a percentage of equity which Companies vest in the Nation.
• The number of constituencies or their size or boundaries.
• The price or other requirements of citizenship or permanent residence.
• The calling of tenders.
• The ratification of the award of tenders.
• The establishment of a humanitarian system of granting an additional part-share or share of the National Dividend to individuals who for reason of age or incapacity are unable to contribute with their initiative or labour to their own sustenance.
• Any proposal which involves a charge on the people.
• The provision for the creation of any offence and the imposition of any fine or penalty.
• Guidelines for penalties for crimes.
• Treaties or agreements with other nations.
• Acts of hostility towards other nations.

10.3.2 Invalidity of Acts of Parliament

An Act of Parliament is invalid to the extent that it purports to:

• Increase the proportion of the National Dividend which may be applied to the expense of Government.
• Increase the number of shares of the National Dividend which may be paid to Parliamentarians.
• Create an advantage for an individual at the expense of another individual, with the exception that an additional part-share or share of the National Dividend may be granted to individuals who through age or incapacity are unable to contribute to their own sustenance.
• Impose a tax on the income of an individual.
• Authorise the imprisonment without trial of any individual.
• Compel the opinion of an individual.
• Establish martial law.
• Establish ownership by the Government of any land, artifact or chattel.
• Cancel the right of self-defence.
• Institutionalise, recognise or prohibit a political party.
• Impose capital punishment.
• Pay to an individual any salary other than as a payment under a contract for the supply of services.
• Conceal from public view any process of government.
• Cancel unilaterally any contract entered into by the current Government or by a prior Government.

10.4 Powers, Responsibilities and Rights

10.4.1 Sovereign

The Sovereign has the obligation to assent within one calendar month to legislation which is passed by the House of Proposal and the House of Approval. If the Sovereign does not within one month assent to legislation passed by the two Houses, the two Houses in joint sitting may propose to the people a referendum for the abdication of the Sovereign. If an absolute majority of adult citizens supports the proposal, the Sovereign is obliged to abdicate.

The Sovereign has the responsibility of calling an election of half the members of the House of Approval each five years and an election of the members of the House of Proposal each three years or at such earlier interval as recommended by the Chief Minister.

The Sovereign has the responsibility of inviting, to form a Government as Chief Minister, the Member of the House of Proposal who is able to command majority support of that House. If the House of Proposal nominates from among its number a Chief Minister, the Sovereign must confirm that nominee within seven days, or abdicate.

The Sovereign must within fourteen days confirm each of the Chief Minister's nominations of Ministers, or abdicate. The Sovereign has the right to order a joint sitting of both Houses in order to resolve differences between the Houses. If after a Joint Sitting of the two Houses, a dispute between the two Houses still persists, the Sovereign has the right to dissolve the Parliament and order new elections.

10.4.2 House of Approval

The House of Approval has the obligation to receive and consider each Bill passed by the House of Proposal.

The House of Approval may pass a Bill unamended for transmission to the Sovereign for assent.

The House of Approval may return a Bill to the House of Proposal with recommended amendments.

The House of Approval may reject a Bill and return it to the House of Proposal.

The House of Approval has the right to require the attendance of Ministers for the purpose of answering questions.

10.4.3 House of Proposal

The House of Proposal has the right to nominate to the Sovereign, from among its members, a Chief Minister, who has the right to nominate to the Sovereign from among the members of the House of Proposal other Ministers responsible for identifiable functions of Government.

The total number of Ministers including the Chief Minister shall not exceed in number one sixth of the membership of the House of Proposal.

The Chief Minister receives five shares of the National Dividend and the other Ministers each receive four shares of the National Dividend.

The House of Proposal has the right to initiate legislation in the form of Bills for transmission to the House of Approval.

 

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10.5 Resolving Differences between the Houses

If the House of Approval should twice return to the House of Proposal a Bill, either rejected or with amendments unacceptable to the House of Proposal, the House of Proposal may resolve that the Sovereign be asked to convene a Joint Sitting of the two Houses. The Joint Sitting may then consider and pass the Bill, amended or otherwise, for assent by the Sovereign.
 

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10.6 Limitations on Government

10.6.1 Currency

The Government shall not impose legal tender, nor impose any restrictions upon the use of currency legally obtained or the movement of such currency. This clause shall not restrict the obligation of Government to guard against fraud and deception.

The Government shall not print paper money.

The Government may licence the minting of metal coins and may seek to profit the Treasury by the sale of coins of the Nation, on the condition that coins minted shall be denominated not in terms of any currency, but by weight and assay.

All governmental contracts for supply of services to the Nation shall be expressed in gold or platinum.

10.6.2 Borrowings

Total of Governmental Borrowing may not exceed the maximum permitted figure for one year of governmental expenditure, namely five percent of the estimated National Dividend.

10.6.3 Commerce

The Government shall not enter into commerce, beyond the acceptance of the prescribed percentage of non-voting stock in corporations which register within the territory of the Nation.

Beyond the responsibility of protecting its citizens from force, fraud and coercion, the Government shall not seek to regulate dealings among corporations and individuals.D

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Michael Darby's home page is: http://www.geocities.com/CapitolHill/Lobby/8881/mdarby.html

Please forward your comments and suggestions to: freeconstitution@hotmail.com

Michael Darby, born in Sydney in 1945, is a former Australian Army Officer who has been writing and broadcasting on politics and economics since 1972.

An accomplished public speaker and scriptwriter, he is a comic entertainer and performance poet at the leading edge of the revival of the Australian bush poetry tradition.

He is a free-trader and campaigner for the rights of miners and pastoralists, and his claims to fame include: Darby's Law of Taxation Futility: "All taxation, by whatever means it is levied, automatically generates a demand for governmental expenditure greater than the amount of revenue received", and Darby's Law of Bureaucracy: "In any hierarchy, all goals become subordinated to the aim of preserving the hierarchy."

 
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