15 Jan 2023

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A Constitution for a New State

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This document is the development of a supranational constitution following the anticipated amalgamation of countries from different processes which have occurred around the planet resulting and have transitioned into political realities such as the Commonwealth of Australasia, the Pan-Arabic Federation, and the United Kingdoms of Southern Asia, etc. This follows from a move to overcome the profound economic impact of the so-called ‘Global depression’ which has altered the political identity of many states and as a result reshaped some areas in the world map. The independent states of Guyana and Suriname, as well as France’s department of the French Guiana, are also included as upcoming supranational entities. The document is developed through reference of former constitutions of the territories which are joining the supranational figures and also from neighboring countries legal documents. 

PREAMBLE: A statement on the general purposes of the document 

We the people of a the ‘soon-to-be country’ hereby referred to as the ‘New State’, drawing much inspiration from the humanist, religious and the cultural heritage of our uniting nations, from which there has risen the common values of the undisputable and sacrosanct human rights, fairness, liberty, impartiality and the rule of law, and trusting the process of reuniting our nations from the bitter past experiences hereby intend to progress further along civilized paths. We purpose to continue in the manner of prosperity and posterity the common good of the inhabitants of the New-state inclusive of the deprived and the weakest. We hereby wish to hold ourselves open to social thrive, culture and education to deepen the transparent and democratic status of the New State’s public life. 

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Having been convinced that while each one remains proud of their identity and history, the citizens of the New State are determined to surpass their earlier divisions and remain united closely in order to forge a mutual destiny. Similarly having been convinced that while still remaining united, the New State will offer each individual with respect to all humanistic rights their obligations towards posterity a good ground to prosper. 

This document is a legal framework and its people are determined to advance the work that has been realized through the treaties’ framework which established the New State communities for ensuring a continuum in the community acquis. We remain grateful to all the members of the Interim authority for having reasoned and prepared the draft of this constitution for the New State citizenship. 

CHAPTER I: Definition of the state according to its fundamental principles 

Article I.1: Formation of the New State Union 

As per the will of the people and the nations of the New State to realize a unified future, this document upholds New State upon which competencies have been conferred by member states in order to realize objectives which they collectively share. The Union shall thus coordinate the legal policies through which the member states shall aim to realize its objectives and are mandated to exercise from a communal point the competences conferred on the union. 

The New State Union shall be open to all its member states which respect and uphold its values and are also committed to establishing the common unity. 

Article I.2: New State Union Values 

The New State Union is instituted upon the values of esteem for human worth, rule of law, equality, respect for human rights, democracy, freedom; which further is inclusive of the rights of persons who are minors. All values are common to the member states for thriving in a society of non-discrimination, pluralism, justice, tolerance, equality, and solidarity 

Article I.3: Objectives of New State Union 

The union aims to uphold its values, promote peace and the people’s well-being. 

The union shall avail to its people security, freedom and all justice with no internal frontiers, and a market with free and undistorted competition. 

The union shall advance the sustainable growth of the New State in terms of a balanced economic growth promoting technological and scientific advancement and also combat social exclusion and discrimination. It shall honor and uphold its rich culture as well as linguistic diversity and shall maintain, enhance and safeguard the New State’s cultural heritage 

The Union of the New State shall as well promote and uphold its interests and values in its relationship with neighboring and other nations of the globe. New State shall be a contributor to peace, solidarity, mutual respect, security, and sustainable development. 

The New State Union shall also pursue its goals objectively and by the appropriate means which are commensurate with its competences conferred upon it through the constitution. 

Article I.4: Fundamental Freedoms and Non-Discrimination 

Within the reach of the Constitution, with no prejudice whatsoever, any discriminatory grounds regardless of nationality shall be highly prohibited. 

Movement of persons, goods, services, and capital and shall be free in the provisions and limits of the constitution in the freedom of establishment 

Article I.5: Relationship between Member States and the Union 

The Union holds the responsibility to respect and uphold the equality of member states and their national identities inclusive of their self-governance. Essential state functions shall similarly be respected. 

The New States Union and its member states shall assist each other in accomplishing all tasks which flow from the constitution pursuant to the principle of sincere cooperation. 

The member states shall input the necessary measures in ensuring the fulfillment of the obligations which crop from the constitution and arising from actions of the institutions of the New States Union. 

Member states shall also refrain from any measures which jeopardize the realization of the objectives of the Union. 

Article I.7: Legal Personality 

The New States Union shall have a Legal Personality under this constitution 

Article I.8: New State union Symbols 

The Flag of the New State Union shall be a golden lampstand and a circle 8 stars on a Green background 

The motto of the New Sates Union shall be Unity in diversity 

The Currency of The New State Union shall be the New State Money 

The New State Day shall be celebrated every 10 th June in all member states 

CHAPTER II: Basic rights of the citizens 

Article I.9: Fundamental Rights 

The New states Union shall value the rights, principles, and freedoms provided in the charter of fundamental rights 

The State Union shall comply with the New State convention for the defense of Human rights and accompanying Fundamental Freedoms. This compliance will not affect the competence of the New State Union as per this constitution 

Fundamental rights shall constitute the general principles of the New State’s Law as shall be guaranteed by the new States Convention. 

Article I.10: New State Union Citizenship 

Every citizen of any member state shall be a citizen of the New State Union. The Citizenship of the New State Union shall be additional to the national citizenship and shall not replace it. 

All union citizens shall enjoy rights as the subjects to the responsibilities under the constitution. Citizens shall have: 

The right and freedom to move and reside freely within member state territories 

The right to vote and contest as acceptable candidates in elections to the New State parliament as well as in municipal elections in their residence member states. 

The right to enjoy in the territory of a third country where the member state as a nation is not represented, the protection of the diplomatic and consular authorities of a member state on the same conditions as the nationals of that state 

The to petition the New State National parliament and address the institutions of the New State in any of its Constitutional Languages and obtain a reply in the same language. 

*All Fundamental Rights shall be exercised in accordance with the conditions and boundaries as stipulated in the constitution as well as the measures adopted there off. 

CHAPTER III: Organization of the state and territorial structure 

Article I.11: The New State Territorial boundaries 

The New State Territorial Boundaries shall be primarily defined as the regions of stretches as narrated in the constitution of each member state. 

All Neighbouring country shall be expected to respect and honor territorial boundaries of the soil, maritime limits, and airstrips as per the constitution 

The Organization of the New State shall be as defined by the territorial boundaries 

Article I.12: The New State and its Neighbours 

The New State Shall develop a special relationship with its neighboring countries objected towards the realization of a common ground of prosperity and good peaceful coexistence founded on the values of the New State and also characterized by cooperation and good relations 

The New State may conclude certain agreements with the countries of concern which may as well contain reciprocal rights and obligations and the possibility to undertake activities jointly where their implementations shall be determined through periodic consultations. 

CHAPTER IV: Branches of government and institutions 

Article I.13: The Institutional Framework 

The New State shall have an institutional Framework whose aim shall be to promote its values, advance its objectives, serve the interests of its people as well as those of the member states, ensure, effectiveness, competence, consistency, and continuity of policies and actions. 

The Institutional Framework shall be constituted of; 

The New State Parliament 

The New State Council 

Council of Ministers which shall be termed as ‘the Council’ 

The New State Commission termed as the ‘Commission’ 

The New State Court of Justice 

Each institution shall be mandated to execute its duties within the bounds of the powers conferred to it by the constitution and in strict conformity with the conditions and procedures set on it. The institutions shall adhere to practices pursuant to the principle of mutual and sincere cooperation 

Article I.14: The New State Parliament 

The New State parliament shall jointly with the State Council, exercise the legislative and budgetary functions as well as political consultation and control functions as laid in the constitution. It shall elect the president and commission 

The New State Parliament shall be comprised of representatives of its citizens who shall not exceed 600 in number. Citizen representation from every member state shall be digressively proportional with a threshold minimum of 6 members from each member state. 

The Members of the New State Parliament shall be elected for a term of five years in a free secret ballot by direct universal suffrage. 

The New State Parliament shall elect its president and other officers from among its members. 

Article I.15: The New State Council 

The New State Council shall supply the Union with the appropriate impetus for its development and shall give directives in regard to general political directions as well, as the priorities thereof. 

The New State Council Shall not exercise any Legislative functions. 

The Council shall comprise the Head of State or the Government of Member states with its president and the president of the commission. The Minister of Foreign affairs shall participate in its work 

The Council shall come together quarterly convened by its President when the agenda demands so and Council members may decide to be assisted by a minister and for commission president, can be assisted by a member of the commission. If the situation then demands so, the president shall convene a special meeting of the New State Council. 

All the decisions of the Council shall be concluded through consensus except where the constitution shall provide otherwise. 

Article I.16: The New State Council President 

There will be a Council president elected by the New State Council by a qualified majority for a term of 3 years which can be renewed once. The Council holds the power to terminate his/her term in office in case of gross misconduct or impediment in adherence to the laid procedure of office termination. 

The Council president shall: 

Chair the council meetings and drive its work forward. 

Ensure preparation and progression of the council work in coordination with the Commission president 

Endeavor to enhance consensus, synergy, and cohesion within the New State Council 

Present a report to the New State Parliament after the conclusion of every council meeting. 

The New State Council President Shall not hold any national office 

Article: I.17: Council of Ministers 

The Council of ministers jointly with the Parliament shall exercise budgetary and legislative functions. 

It shall consist of a representative from each member state at the ministerial level 

The Council shall act by a qualified majority except where the constitution states otherwise 

ArticleI.18: Structures of the Ministerial Council 

The Council shall come together in different forms 

The General Affairs Council shall ensure there is consistency in the execution of roles by different council configurations 

The Foreign affairs Council shall explain the Union’s external action in terms of strategic guidelines laid by the Council and ensure consistency action 

A New State decision shall be established by the New State Council adopted through a qualified majority 

A permanent representatives committee of the governments of the member states shall be responsible for preparing the council work 

The council shall meet in public upon its deliberation and vote on a draft legislative act. 

The Presidency of Council configurations shall be held by a means of equal rotation by a member state representative 

Article I.19: The New State Commission 

The New State commission shall be liable for promoting the general interest of the New State Union. 

The Commission shall ensure the constitutional application and measures Adopted by institutions pursuant to the same constitution 

The commission shall oversee the application of the New State Law under the regulation of the court of justice of the New State Union 

It shall manage programs and execute the budget 

Through a commission proposal, shall only New State Union adopt legislative acts 

The term of service for the commission shall last for Five years 

Members of the commission shall be positioned into office in terms of general competence and commitment to the service of the New State affairs. 

The commission shall be solely independent in executing its responsibilities 

As a body, the commission shall be responsible to the New State Parliament 

ArticleI.20: The President of the New State Commission 

The Council through a qualified majority shall propose to the parliament, a candidate for the commission president. 

The President of the commission shall thus be elected from the given candidature through a majority of the parliament component members 

In a common accord with the president-elect, the council shall adopt the list of others proposed to the appointment as commission members 

The president of the commission shall execute the following; 

Lay procedures for the working of the commission 

Make a decision in regard to the internal organ of the commission and ensure consistency, efficiency, and collectiveness. 

Appoint vice presidents from the commission members 

*A commission member shall resign if the president makes such a request. 

Article I.21: Minister for Foreign Affairs 

Through a qualified majority, the council and in agreement with the commission president shall appoint the minister for Foreign affairs. 

The Minister for Foreign affairs shall execute the New State’s security policy and common foreign 

The Union Minister for Foreign affairs shall preside over all Foreign Affairs Council. 

He/she shall be among the commission’s vice presidents 

Article I.22: The Court of Justice of the New State Union 

The Court of justice shall comprise; the court of justice, the general and specialized courts 

It shall interpret and apply the constitution and ensure that the law is observed 

It shall comprise one judge from each member state assisted by an advocates General 

Judges and advocates to the court of justice shall be selected from a qualified person whose reputation and independence is beyond any doubt 

Article I.23: The New State Advisory Bodies 

The committee of Regions and the Eco-Social Committee shall assist the Parliament, commission and the Council on advisory functions 

The committee of regions shall comprise the representatives of regional and local bodies who hold local or regional authority. 

The Eco-social committee shall comprise representatives of employer’s organizations and parties representatives of civil society. 

The two advisory committees shall not be bound by any compulsory instructions and shall remain completely independent in the performance of their duties 

Article I.24: The New State Bank 

There will be a Central New State Bank 

The New State Bank together with national member states national banks shall constitute the New State System of Central Banks 

Decision making in regard to central banks shall be primarily directed by the composition of the New State Bank 

The New State Bank shall have a legal personality as an institution and will authorize the release of the New State Money 

The New State Bank shall act within its responsibilities and shall be consulted on any proposed acts, national regulations, etc. 

References 

Guyana - Constitution & Politics. (n.d). Foreign Law Guide . doi:10.1163/2213-2996_flg_com_090034 

Lenaerts, K. (2004). The Structure of the Union According to the Draft Constitution for Europe. The European Union , 3-21. doi:10.1007/978-90-6704-423-3_1 

No. 17583. Constitution of the Asia-Pacific Telecommunity. Adopted by the United Nations Economic and Social Commission for Asia and the Pacific on 27 March 1976. (2001). United Nations Treaty Series , 510-510. doi:10.18356/9e890005-en-fr 

Richotte, K. (2017). The Constitution. Claiming Turtle Mountain's Constitution . doi:10.5149/North Carolina/9781469634517.003.0008 

Van Crombrugge, R. (2017). Belgium and Democratic Constitution-Making: Prospects for the Future? Netherlands Journal of Legal Philosophy , 46 (1), 13-36. doi:10.5553/njlp/221307132017046001003 

Yasuo, H. (2016). Imposed Constitutions (constitutions octroyées). Max Planck Encyclopedia of Comparative Constitutional Law . doi:10.1093/law-mpeccol/e21.013.21 

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