(https://i.imgur.com/3zJm8s9.png)
United States of Argonath
Constitution of Vice City 2021
Preface
This constitution is written with the consultation and approval of the VC:MP Leadership, in accordance with the general values of the community, and the VC:MP Server Rules.
Disclaimer:
Establishing a new constitution that is up to date with the VC:MP community is required to provide an efficient and properly functional legal system.
Section 1: Definitions
Article 1: This Act may be cited as the “Constitution of Vice City” or “The Constitution”.
Article 2: Further definitions as used in this law text are as follows:
- Government/Executive Branch/Cabinet - The government or Executive Branch consists of the President, Prime Minister, and VC:MP HQ members.
- Judicial Branch - Governmental branch consisting of the Vice City Courts of Law.
- State Government - An extension of the Executive Branch consisting of the heads of state organizations, including Police Chiefs, FBI Directors, Medical or Fire Chiefs, and any other heads of state agencies who may be delegated by the Executive Branch. This term may also be used as a reference to the Executive Branch.
Section 2: Scope and Purpose of the Constitution
Article 1: This constitution applies to the confines of Vice City, United States of Argonath, and its establishments only.
Article 2: The Constitution outlines the rights of the people, the territories, holdings, establishments and lands of Vice City, the government of the State of Vice City, the powers of the government, and its respective branches.
Article 3: The Constitution will apply to all visitors and citizens of Vice City.
Article 4: The Constitution is the highest legal document in Vice City, any laws, bylaws, regulations, and executive orders must comply with the Constitution.
Article 5: The President is the ultimate authority of the United States of Argonath.
Section 3: Rights and Freedoms
Article 1: All persons that fall under the scope and authority of this constitution are entitled to the following rights, of which they can not be deprived;
- A. Freedom of speech and press. There shall be no law that hinders, prohibits or discourages freedom of speech (unless it includes personally insulting or defaming someone) of any individual, or of the press.
- B. The right to peaceful assembly.
- C. The right to freedom of religion. There shall be no law respecting an establishment of religion, or prohibiting the free exercise of any religion.
- Addendum to C: Extremist behaviour, forced subjection to religion or any religious acts that involve any crimes under the Criminal Act, any rituals or acts that disturb the peace, the government, or any person's civil rights are illegal under the scope of this Constitution.
- D. Freedom from discrimination on the basis of race, religion, age, gender, political preference, or sexual orientation.
- E. The right to own property.
- F. The right to safeguard life, person, and property.
- G. The right to privacy in one's property and communications via phone.
- H. The right to remain innocent before being proven guilty in a court of law for indictable offences.
- I. The right to not be deprived of life.
- J. Freedom of movement.
- K. Freedom to possess certain weapons, however not to openly hold or wield such weapons in public spaces.
Article 2: The following rights; Section 3; Art 1A, 1B, 1G, 1J and 1K may be limited and/or deprived in matters of national security.
Article 3: The following rights; Section 3; Art 1A, 1B, 1E, 1J, and 1K may be limited and/or deprived in cases where it is provided as a penalty by law.
Article 4: The following right: Section 3; Art 1J may be deprived in cases when it is unavoidable to do so by a law enforcer of the state, in compliance with any and all existing legislation for law enforcement, and their respective department regulations.
Article 5: All persons that fall under the scope and authority of this constitution are entitled to the following Miranda rights when placed under arrest, of which they can not be deprived;
- A. To be made aware of the reason for their arrest immediately, or as soon as deemed safe if the arrest is made in dangerous circumstances.
- B. To be made aware of the following rights as soon as placed under arrest or detainment.
- C. The right to remain silent.
- D. The right to a lawyer or attorney present as a legal representative.
- E. To be made aware that anything said or done may be recorded and used as evidence in a court of law.
- F. The right to refuse to testify against yourself or your spouse (if applicable).
Section 4: Responsibilities of People
Article 1: It is the responsibility of all persons that fall under the scope and authority of this constitution, to:
- A. Act in harmony with the legal provisions outlined in this Constitution, state laws, and municipality bylaws from the date of their commission and onward.
- B. To not infringe, hinder, or deprive the rights of other persons outlined in Section 3.
- C. To not be ignorant of the laws, bylaws, and the Constitution.
Section 5: Territories and Establishments
Article 1: The geographic area of Vice City is referred to as "The State of Vice City".
Article 2: The State of Vice City consists of the following Municipalities:
- A. Vice City Mainland consisting of Washington Beach, Ocean Beach, and Vice Point.
- B. Vice City Mainland consisting of Viceport, Escobar International Airport and it's surrounding areas, Little Havana, Little Haiti, Downtown Vice City, and any of its surrounding islands.
- C. Starfish Island.
- D. Prawn Island.
Article 3: As such the Constitution and acts made by the Executive Branch, or the Judicial Branch will apply to all areas within the State of Vice City and its territorial waters.
Article 4: Municipality bylaws will apply only to the municipality that the bylaw was enacted in.
Section 6: Government
Article 1: The Constitution enforces separation of power. Therefore the Constitution creates the following branches within the government;
- A.) The Executive Branch - To control the government and its agencies.
- B.) The Judicial Branch - To uphold, enforce, and interpret laws. To arbitrate over matters of law and to create, amend, and remove laws in correlation with, and with the approval of the Executive Branch.
Article 2: Any agencies, organizations, groups, departments or services owned wholly or to an extent, partially by the government or constituted by law shall be considered part of the executive branch and may only exercise powers delegated to them through law.
Section 7: The Powers of Government
Title I: Executive Branch
Article 1: The Office of the President of the United States shall have full authority over all executive branches of government.
Article 2: The executive power of the state is vested in the Executive Branch. It is officially responsible for running the state.
Article 3: The executive branch may apply executive orders to the state during a state of emergency; these executive orders override the rules and procedures of local government agencies and municipalities’ bylaws where applicable, but may not override the constitution or existing legislation. These can be overruled by government agencies' high command if they affect the operation of the said agency in carrying out its tasks.
Article 4: The executive branch may appoint a cabinet to run the state on its behalf.
Article 5: The executive branch may sign laws into effect.
Article 6: The executive branch may veto legislation passed by the Judicial Branch.
Article 7: The executive branch may issue a pardon for persons wanted of a state crime.
Article 8: The executive branch may issue and collect taxes.
Title II: The Judicial Branch
Article 1: The judicial power of the state is vested in the Judicial Branch, which shall be led by a Chief Justice. The Judicial Branch is given full power to arbitrate in all areas of law.
Article 2: The Judicial Branch is comprised of the following courts:
- A. The Supreme and Appeal Court - This court is where constitutional cases and appeals are heard. The Supreme Court has original jurisdiction of national security matters, treason, cases against the government, and cases between government agencies/branches. It shall have the final appellate jurisdiction of the District Court.
- B. The District Court – Where general matters of law are heard. It has the original jurisdiction of all other legal matters that are not original jurisdiction of the Supreme Court.
Article 3: A decision by a Court is called a ruling.
- A. A ruling by the District Court may be challenged at the Supreme Court in the form of an appeal.
- B. The Supreme Court can grant the appeal or deny the appeal. This is defined as leave to appeal.
- C. In case of granting an appeal, the case will be re-evaluated by the Supreme Court.
- D. In case of denying the appeal, the decision by the District Court is confirmed and proclaimed as final. No further appeals can be made for this particular case anymore.
- E. The President and the Executive Branch can guide the Supreme Court both actively and passively in an appeal.
Article 4: The Supreme and Appeal Court shall be given the power to create both persuasive and binding precedents which may be used to invalidate a statute or a lower court's decision. The District Court is given the power to create a persuasive precedent which may only be used to persuade future decisions of the District Court.
Article 5: The Supreme and Appeal Court shall be given the power to veto any state legislation which is in breach of the constitution.
Section 8: Alteration of the Constitution
Article 1: The alteration of the constitution may be done so by the following method: Legislation introduced and reviewed by a Chief Justice of the Supreme Court. If approved by the Chief Justice, it is sent to the Executive Branch for final approval for implementation.
Article 2: Constitutional amendments may take effect forty-eight (48) hours after the amendment is approved and announced by a Chief Justice of the Supreme Court after receiving the approval of the Executive Branch.
Article 3: A constitutional amendment submitted for review may be declined at any time by the Executive Branch.
Section 9: Alteration of the Laws
Article 1: The alteration of laws may be done so by the following method: Legislation introduced and reviewed by a Chief Justice of the Supreme Court. If approved by a Chief Justice, it is given final approval for implementation.
Article 2: Laws may take effect forty-eight (48) after the final text is approved and announced by a Chief Justice of the Supreme Court.
Article 3: A law submitted for assent may be denied at any time by the Executive Branch. If the law already took effect (Art. 2), the law is voided from the moment of denial and will only have an effect in the period before that.
Written in the Supreme Court of the State of Vice City, Downtown Vice City, 196 Havana Highway on the Twenty-Seventh of June, Two Thousand and Twenty (27/06/2020), in the English language.
Annex
Appendix