Constitution of Calaré

The Constitution of Calaré is the paramount legal entity establishing the independence of Calaré from Australia and sets down the powers and functions of the institutions of government. It consists of several documents. The most important is the Constitution of the Crowned Republic of Calaré. Other documents of constitutional significance include the Statute of Westminster and the Treaty of Singapore, as well various Letters Patent, Orders-in-Council and unwritten conventions.

Cover page of the Calaréann Constitution Act.

History

Background

The present Constitution of Calaré originated during the negotiations to end the Civil War. At the time, it was accepted by all parties that Calaré would begin to pursue a path towards independence. Negotiators from the three-party talks developed a number of different constitutional models that could be presented to the people through a series of rolling plebiscites. The outcome of these early negotiations was an acceptance that form of government similar to what existed in Australia at the time was the most suitable model to be put forward to the people. This was attached to the Treaty of Singapore ratification referendum and provided that a constitutional convention would assemble in Wollongong within a year to draft a new constitution.

The 2001 convention met for a month between the 6 February and the 9 March, and drew up much of the Constitution as it now stands. The Constitution provided for a Westminster style government, with a Cabinet of ministers drawn from members of Parliament. The Parliament itself would be unicameral, and was to consist only of the House of Assembly. The provisions relating to the judiciary and local authorities that we know today were also drawn up at this time.

Enactment

Main article: Calaréann constitution referendum, 2001

The proposed text of the draft constitution was approved by a unanimous vote on the 9 March 2001. After a seven week campaign, with the yes and no groups able to state their cases, the draft constitution was submitted to voters for their approval in a referendum on the 5 May 2001.

There was no significant opposition to the draft constitution, with all the major political parties and advocacy groups (such as the business community and trade unions) supporting a yes vote. The question put to voters was simply Do you approve of the proposed Constitution of Calaré?. The result saw the largest approval of any referendum or plebiscite ever held in Calaré:

Calaréann Constitution Referendum, 2001
Yes	4,009,198
Yes %	87.35
No	580,350
No %	12.64
Valid	4,584,958
Valid %	99.99
Invalid	4,589
Invalid %	0.01
Total	4,589,548
Turnout %	91.71
Electorate	5,004,390

The constitution formally came into force on 1 October 2001.

First amendment

In 2003, after two years of independence, another constitutional convention was assembled to make some changes to the Constitution. This convention made the recommendation that for all future changes to the Constitution, constitutional conventions should be summoned by the Parliament. The function and powers of the Constitutional Convention was codified in to the Constitution, thereby cementing its place as the only legitimate means of effecting constitutional change.

The constitutional convention also recommended the establishment of a Seanad Calaréann, and the inclusion of provision to automatically repeal expended provisions after a period of five years. Attempts by republicans to abolish the monarchy were rejected.

Main provisions

Preamble

Main article: Preamble of the Constitution of Calaré

The introductory paragraph of the constitution is known as the Preamble. The Preamble neither grants any powers nor inhibits any actions; it only explains the rationale behind the Constitution, stating that the people, humble to Almighty God and loyal subjects of the King, do declare themselves to be an independent nation.

The Republic and the Constitution

Main article: Chapter I of the Constitution of Calaré

The first chapter deals with the nation of Calaré and the various symbols of nationhood. Part one deals with the right to self determination, the territory of the republic, the grant of citizenship to all Calaréanns upon independence and the status of Irish as the national language. The second part deals with the national symbols, including the flag, coat of arms, great seal and the royal regalia.

The Executive

Main article: Chapter II of the Constitution of Calaré

The second article outlines the powers of the Crown and the Executive Council. Divided into three parts, the first part makes provision for the eligibility to ascend to the Throne, as well listing the powers of the Crown in relation to the Executive Council. Provision is also made for remuneration to be made to the King through the Privy Budget. Part two deals with composition and appointment of Ministers of State. Part three deals with the appointment of civil servants, which is devolved to the Parliament.

The Parliament

Main article: Chapter III of the Constitution of Calaré

The power of the Oireachtas is laid out in the third article, which states that legislative power is vested in the King, the Seanad and the Dail Calaréann. The Powers and qualifications for membership of house are defined, as are the collective powers of the Parliament as a whole. Much of the second article is based upon the now former Australian Constitution of 1900, and include provisions such as the double dissolution election and the parliamentary nexus.

The Judiciary

Main article: Chapter IV of the Constitution of Calaré'

The Judiciary is dealt with in the fourth chapter. 68 requires that there be a court called the High Court of Justice, consisting of a Court of Appeal and a Supreme Court. In addition, 61 empowers the Parliament, at its discretion, to create lower courts, whose judgements and orders may be reviewed by the High Court of Justice. 62 also enshrines the right to trial by jury in all cases in the province where the offence was committed.

Miscellaneous Provisions

Main article: Chapter V of the Constitution of Calaré

The fifth article ties up many of the loose ends in the constitution, and deals with many miscellaneous provisions. The provisions include taxation and debt, transitional provisions, provincial government, altering the constitution, the seat of government, and expended provisions. Parts one and two were part of the original constitution. Parts three, four and five were added by referendum after the 2003 constitutional convention. Part six was added in 2009, after the constitutional convention held in the previous year.

Schedule

Main article: Schedule of the Constitution of Calaré

The constitution concludes with a schedule outlining the oath of allegiance and the oath of office that must be taken by all figures serving any institution it has created. Any person serving as a public official or civil servant must take one or both oaths before assuming the position to which they have been appointed.

Interpretation

The power to interpret the constitution rests solely with the King-in-Council, which in practice means the Judicial Committee of the Executive Council, as specified by 70. Since independence, the Committee has built up a body of law, known as Calaréann constitutional law, which forms the bedrock of all legal decisions taken by the Committee.

Amending the Constitution

Changing the constitution is a three step process. First, both Houses of Oireachtas must approve for a summoning of a constitutional convention to assemble and within the narrow terms of reference set by Parliament, decide on what changes are to be proposed. The convention shall then frame a question which is put to the people by means of a referendum, which requires a 'double majority' of a majority of electors in a majority of the provinces to be carried.

Political conventions

Calaré, in the tradition of all Westminister democracies, operates with a number of unwritten rules and conventions. These conventions exist only due to tradition, symbolism and their support by all sides of politics, and can be changed by mutual agreement by all parties. They have no force in law, and cannot be contested in court if a convention is breached. Some of the major conventions include:

Monarchy

• The Sovereign will grant royal assent to any bill passed by parliament;
• The Sovereign will not participate in the political process unless there is an extreme circumstance that merits the use of reserve powers;
• The Sovereign will not make partisan speeches or state partisan opinions.

Executive

• One-quarter of members of the Cabinet shall be members of the Seanad;
• The Cabinet Secretary shall also be Leader of the Government in the Seanad;
• All Cabinet members shall be members of the Executive Council;
• The Prime Minister can hold office temporarily (less than ninety days) whilst not a member of the Dail Calaréann;
• All executive decisions are taken by a formal meeting of the Executive Council.

Oireachtas

• A loss of supply requires either the resignation of the Prime Minister or a parliamentary dissolution;
• The Seanad will not deny supply to the government unless that are extreme and compelling reasons for doing so;
• Peers shall not seek election to the Dail Calaréann