First Provisions of the Underlaw of the Glorious Anthean Republic Provisions 1 through 8 — on the Law P1 The Law is common to the Republic, and all provisions of the Law apply equally to any activities and to any place in the jurisdiction of the Republic. All active citizens of the Republic and organisations in the Republic must obey all provisions in the Law. P2 The Law is composed of the Underlaw and the Overlaw. P3 Each individual rule in the Law is a provision. P4 Parliament may create a provision in the Overlaw, amend a provision in the Overlaw, or repeal a provision in the Overlaw. It may group provisions together into Acts for the purposes of enactment and reference. P5.1 Parliament may, by a two-thirds majority, move a provision from the Underlaw into the Overlaw, or move a provision from the Overlaw into the Underlaw. This is known as ‘transmutation’ and shall be accomplished by a ‘motion to transmute’. P5.2 The Underlaw cannot be altered, except for transmutation and the addition of these First Provisions by Provision 6. P6 These First Provisions are part of the Underlaw. P8.1 There is only ever one Law in the Republic, and so the Law may never be in contradiction with itself. Where ambiguities are thought to have arisen, the High Court shall determine and declare the Law. P8.2 In Provision 8.1, the High Court will always consider the Underlaw to override an apparent provision in the Overlaw — if an apparent provision in the Overlaw is in contradiction with the Underlaw, it is not part of the Law, and if a provision of the Underlaw appears to be in contradiction with the Overlaw, those apparent provisions in the Overlaw that contradict the Underlaw are not part of the Law. Provisions 9 through 11 — on the Republic P9.1 Anthea is the nation-state of the MicroWiki community. The MicroWiki community has an indefeasible and inalienable right to its own national tradition, and to a sovereign Republic in that tradition, with its own political, economic and cultural life. P9.2 The name of the Republic in the English language is the Most Glorious and Serene Anthean Republic of the MicroWiki Community, which may be abbreviated to the Glorious Anthean Republic. When appropriate, and when confusion between the Republic and the nation-state is unlikely, the Republic may be referred to as Anthea. P10 Any person who is part of the MicroWiki community is a citizen of the Republic. P11.1 There are active citizens and passive citizens of the Republic. A person must be a passive citizen to become an active citizen. Only an active citizen can hold an office of state. P11.2 Unless otherwise provided for in the Law, any passive citizen has the right to become an active citizen. Provisions in the Overlaw may restrict the rights of passive citizens to become active citizens, and may establish a process for passive citizens to become active citizens. Being required to pass through a simple process to become an active citizen does not infringe on a passive citizen’s right to become an active citizen. P11.3 At the coming into force of these First Provisions, all those who have signed the Declaration of Independence become active citizens, and all other persons who are part of the MicroWiki community become passive citizens. Provisions 12 through 14 — on the Jurisdiction of the Republic P12.1 The Republic may annex any unoccupied land to its territory and shall enjoy all the rights of a sovereign government over its territory. P12.2 The Republic may not annex land that is occupied by the house of a person who is not an active citizen of the Republic, or that is occupied by any other non-abandoned building or railway infrastructure that is maintained by a person who is not an active citizen. P13 Real-time, multilateral communication through the Internet creates the impression that there are ‘online spaces’, analogous to physical spaces, which the parties to the communication can ‘access’ and in which anyone viewing the conversation through their device is ‘present’. Persons who are ‘present’ in the same ‘online space’ via this illusion shall be considered to be present in the same place for the purpose of attending meetings, being witnesses to events, and for other such purposes as appropriate. P14 Activities that are in relation to Anthea or the Republic are always within the jurisdiction of the Republic, regardless of on which country’s land or in which ‘online space’ they are carried out. Active citizens of the Republic must obey the Law of the Republic whenever they are engaged in activity that has any relation whatsoever to Anthea or the Republic. Provisions 15 through 19 — on Parliament P15.1 Parliament can make its own rules and procedures. P15.2 Parliament meets in person or via a call no less frequently than once every three months. Meetings conducted in writing in a group chat do not count towards this requirement. P16.1 Parliament may pass motions; it may vote no confidence in any officer of state in the Republic, thereby removing them from post; and it may levy taxes. All this is in addition to its powers under Provisions 4, 5.1 and 15.1. P16.2 The Law can only make paying taxes a requirement to be an active citizen if it provides for an exception where poorer persons can be active citizens without having to pay taxes. P17 A constituency is a group of citizens entitled to send one or more MPs to Parliament. It may optionally be associated with an area of territory. P18 There is a Boundaries Commission, which is empowered to determine who is in which constituency and how many MPs each constituency may send to Parliament. The Boundaries Commission will aim to make the constituencies align with the natural divisions that already exist in the MicroWiki community, and will give approximately one MP for every five citizens (active or passive). At the coming into force of these First Provisions, the Boundaries Commission shall be Ouija and anyone she/he/they selects to assist her/him/them. P19 At least three MPs must be elected for a Parliament to be valid. In the event that fewer than three MPs are elected, the constituencies which did elect one or more MPs shall be empowered to send as many MPs as they wish to that Parliament. Provisions 20 through 22 — on the National Council and the Ministry P20 The country is led by a National Council. The National Council is the steering committee of the central government. It is also the main body responsible for drafting and proposing new legislation to Parliament. P21 Either the Law or the National Council by written decree may create bureaucracy for the central government. These departments together are the Ministry. P22 The National Council is constituted by the senior ministers of the Ministry. The party which wins control of the National Council is permitted to determine which ministers sit on it and what their titles shall be. Provisions 23 through 27 — on general elections P23.1 Every citizen of the Republic, active or passive, shall be entitled to vote in a general election, and the elections shall be by written ballot (“written” here to be interpreted reasonably in line with Provision 13 and the practical limitations on the Republic). P23.2 Only an active citizen can stand for election. P24 Citizens shall, except for an offence equivalent to treason, sedition, a felony, or breach of the peace, be privileged from arrest on the days of election. No citizen shall be obliged to do duty in the militia on any day of election, except in time of war or public danger. P25 General elections are held on the 5th of February, June and October in each year, in addition to one calendar month after a majority of Parliament votes to hold a snap general election. P26 In each constituency, the MPs will be elected via a Single Transferable Vote using the D’Hondt quota. If the results take a period of time to count, they will be announced as soon as they are counted following the closing of the polls. If they do not, they will be announced at different times for each constituency through the night to emulate the effect of results coming in as they are counted. P27 The panel of people that, presenting themselves as a single co-operative unit, can command a majority in Parliament become the National Council. If no such panel of people can command a majority, a fresh election will be held. Provisions 28 through 30 — on the High Court, and the lesser courts P28. The judicial power of the Republic is vested in the High Court, which is supreme, and such other courts as Parliament shall from time to time establish by the Law. P29. All High Court Justices are appointed by Parliament for life (unless they resign or are sooner removed by Parliament in accordance with Provision 16.1), with the National Council or any other MP proposing candidates; all judges of other courts are appointed by a bureaucratic mechanism specified by Law, or otherwise by the High Court, and hold their offices for the term of six months from the time of their respective appointments (unless they resign or are sooner removed by Parliament in accordance with Provision 16.1). A new Justice or judge is appointed as appropriate whenever there is a vacancy created by resignation or the use of Provision 16.1. P30. No High Court Justice or judge on any other court shall hold any other office of state under the Republic or any other state.
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