The Constitution of Parawhenua (2017)

November 14, 2017

I wrote a constitution on the premise that the South Island of NZ had seceded from the North Island, and established itself as it’s own constitutional democracy. It was for a uni assignment (100 level) and was to be between 1000-1200 words. It was quite an enjoyable assignment, and reading the constitutions of other countries was insightful. I named my new nation Parawhenua, and here is its constitution. 🙂

Part 1: Preamble

We, the people of Parawhenuamea, solemnly pledge to secure the blessings of liberty, to ensure justice and tranquility and to enhance the unity, happiness and well-being of the people for all time[1].

Parawhenuamea[2] is a secular, democratic and social nation that respects the rights of all religions. It shall ensure the equality of all citizens before the law, without distinction of origin, race or religion[3]. It shall respect all beliefs without bias. The rights of all religions shall only be curbed should they impinge on the constitutionally protected rights of others, including the rights of their own members.

The people of Parawhenuamea pledge to protect the rights of the natural environment by acknowledging and respecting the life-giving properties of the natural environment, and ensuring its ecological health for all future generations. Flora and fauna are part of the natural environment, and any use of the natural environment must be proven to be sustainable[4].

As a free, secular and social nation, the people of Parawhenuamea embrace the principles of individual sovereignty and dignity. We understand the interdependence of all living things. We strive for equity in the distribution and redistribution of the social wealth, where the search for a good life predominates; based on respect for the economic, social, juridical, political and cultural pluralism of the inhabitants of this land; and on collective coexistence with access to water, work, education, health and housing for all[5].

Part 2: The State

Articles:

  1. Parawhenuamea is a democratic republic with a parliamentary government[6].
  2. The people of Parawhenuamea are sovereign, and the constitution is supreme.
  3. Authority over state institutions shall be exercised by the people through their elected representatives.
  4. The government shall be popular, representative, participative, and responsible[7].
  5. There shall be three distinct and independent powers representing the people and the law:
    1. the Executive, which shall draft law and policy, shall carry out approved policy through government departments, and put laws into action.
    2. The Legislature, which shall approve law.
    3. The Judiciary, which shall have the power to make judgements and set legal precedent in accordance with the supreme law of the constitution.
  6. Neither the Executive, the Legislature, nor the Judiciary may delegate the exercise of the functions specific to them[8].

Part 3: Elections and Governance

Articles:

  1. The Head of Government shall be known as Prime Minster.
  2. The Prime Minister shall be the leader of the governing party, which has been elected by the people in a secret ballot held every four years.
  3. The Prime Minister must be a citizen of the state, and must be between the ages of thirty-five years and sixty-five years on the date of the elections.
  4. The House of Representatives shall consist of sixty-one members who have been elected upon the principle of proportional representation by means of the single transferable vote from the electorates.
  5. Parawhenuamea shall be made up of no fewer than nine and no more than fifteen electorates, with boundaries according to physical geography and population density.
  6. Ministers of the State are selected for nomination from both elected representatives and publicly nominated experts, in relevant disciplines, according to the needs of the specific ministry and its departments. Ministers are then chosen from the nominees by a House of Representative ballot. Members votes must be kept on public record.
  7. Voters in general elections must be over the age of 16 years and be citizens of Parawhenuamea.

Part 4: The Judiciary

Articles:

  1. Judges, in their function of imparting justice, are independent, and owe obedience solely to the law.
  2. The Judiciary shall be formed by 12 members, who equally represent men, women, and Maori, and who are nominated and elected through secret ballot by the House of Representatives.
  3. Judges are to have no political or commercial interests. They are exclusively in service of the fairness of the law, and must be free from external influences.

Part 5: Rights and Responsibilities

Articles:

  1. All laws concerning human rights shall be in accordance with the Universal Declaration of Human Rights[9].
  2. The Treaty of Waitangi[10] is to be acknowledged as a founding document of Parawhenuamea, and be recognised and affirmed as a living document in spirit, intent, and principles.
  3. The people shall be responsible for the paying of taxes at rates set by law.

Part 6: The Media

Articles:

  1. The state shall provide a non-partisan public broadcasting service, and shall have no commercial interest, including advertising or private shareholders.
  2. The public broadcasting service shall provide an equal and fair platform to all political parties during the election campaign period.
  3. The public broadcasting service shall be held to the highest journalistic standards, must be truthful, and be accessible to all citizens via television, internet, radio, and as printed publications.

Part 7: Constitutional Amendments

Articles:

  1. No proposed constitutional amendment shall be considered that is aimed at abolishing the following:
    1. The Universal Declaration of Human Rights
    2. The Treaty of Waitangi
    3. The separation of powers
    4. The principles pertaining to the rights of the natural environment
  2. Any other constitutional amendments, that are not related to Article 23, must be thoroughly and truthfully debated in a public forum, with amendments made by a public referendum that results in a two thirds majority.

This Constitution shall be ratified by public referendum resulting in a simple majority, and shall become law within 30 days of ratification.

 

References

n.d. Bhutan 2008. Accessed August 20, 2017. https://www.constituteproject.org/constitution/Bhutan_2008?lang=en.

n.d. Bolivia (Plurinational State of) 2009. Accessed August 20, 2017. https://www.constituteproject.org/constitution/Bolivia_2009?lang=en.

n.d. Costa Rica 1949 (rev. 2011). Accessed August 20, 2017. https://www.constituteproject.org/constitution/Costa_Rica_2011?lang=en.

n.d. France 1958 (rev. 2008). Accessed August 20, 2017. https://www.constituteproject.org/constitution/France_2008?lang=en.

n.d. Iceland 1944 (rev. 2013). Accessed August 20, 2017. https://www.constituteproject.org/constitution/Iceland_2013?lang=en.

n.d. Maori Religion and Mythololgy Part II: Water. Accessed August 17, 2017. http://nzetc.victoria.ac.nz/tm/scholarly/tei-Bes02Reli-t1-body-d4-d4-d15.html.

n.d. Read the Treaty. Accessed August 21, 2017. https://nzhistory.govt.nz/politics/treaty/read-the-treaty/english-text.

n.d. Universal Declaration of Human Rights. Accessed August 21, 2017. http://www.un.org/en/universal-declaration-human-rights/.

[1] This paragraph is inspired by the preamble to the Constitution of Bhutan, 2008. Measuring unity, happiness and well-being is based on the pillars of Bhutan’s “Gross National Happiness Index”.

[2] The name of the state of Parawhenuamea comes from Maori mythology, and represents the waters of earth. She is the daughter of the mountains, and as such she is often pictorially represented as the streams and rivers coming from the mountains and travelling to the sea.

[3] This phrase is inspired by the preamble to the Constitution of France, 1958 (revised 2008).

[4] This paragraph is inspired by Part IV, Title II, Chapter I of the Constitution of Bolivia, 2009.

[5] This paragraph is inspired by, and is directly drawn from the preamble of the Constitution of Bolivia, 2009.

[6] The brevity and focus of article 1 is inspired by the Constitution of Iceland, 1944 (revised, 2013).

[7] This paragraph is inspired by Title I, Sole Chapter, Article 9 of the Constitution of Costa Rica, 1949 (revised 2011).

[8] This paragraph is also inspired by Title I, Sole Chapter, Article 9 of the Constitution of Costa Rica, 1949 (revised 2011).

[9] http://www.un.org/en/universal-declaration-human-rights/

[10] https://nzhistory.govt.nz/politics/treaty/read-the-treaty/english-text