Draft:Constitution of the Republic of the Auxarcs

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The constitution of the Republic of the Auxarcs was created and signed on February 5th. 2024. It was signed by Nathan Smith, Jason Smith, Joseph Majano, Isaac Majano, Violet Abraham, Julian Selby, and Sarah Norman. It was written by Nathan Smith, using the U.S Constitution as inspiration. Below is the full constitution.

The Constitution

Preamble:

We, the people of the Auxarcs, united in our diversity, aspirations, and commitment to justice and progress, hereby establish this Constitution to govern our nation, secure the rights and welfare of all citizens, and ensure the sustainable development and prosperity of our society for generations to come.

Article 1: Structure of Government

1.1. The Government of Auxarcs shall be organized into three co-equal branches: the Legislative, the Executive, and the Judicial, each with distinct powers and responsibilities to safeguard the principles of democracy, rule of law, and human dignity.

1.2. The separation of powers among the branches of government shall serve as a safeguard against tyranny, ensuring accountability, checks and balances, and the equitable distribution of authority.

Article 2: The Legislative Assembly

2.1. The Legislative Assembly of the Auxarcs, hereinafter referred to as the Assembly, shall be the supreme legislative body, composed of representatives elected by the citizens through free and fair elections conducted at regular intervals.

2.2. The Assembly shall have the authority to enact laws, levy taxes, allocate resources, and oversee the functioning of government agencies in accordance with the principles of transparency, accountability, and public interest.

2.3. The Assembly shall reflect the diversity of Auxarcs, ensuring proportional representation of all communities, regions, and interests, while promoting inclusivity, pluralism, and civic engagement.

Article 3: The Executive Council

3.1. The Executive Council of the Auxarcs, hereinafter referred to as the Council, shall be headed by a President and a Vice President, elected by the citizens in a national election held every six years, with a limit of two consecutive terms.

3.2. The President shall serve as the head of state and government, responsible for the execution of laws, formulation and implementation of policies, conduct of foreign relations, and preservation of national security and sovereignty.

3.3. The Vice President shall support the President in their duties, assume the role of Acting President in the President's absence or incapacity, and undertake such additional responsibilities as delegated by the President or prescribed by law.

3.4. The President, and all government leaders, both civil and national, shall be responsible for their commitment of this Constitution, and may be removed from office if they fail to do so, with a popular vote within the Legislative, as well as a 51% minimum majority voted on by the people of The Auxarcs.

Article 4: The Judiciary

4.1. The Judiciary of Auxarcs shall be independent, impartial, and accountable, entrusted with the adjudication of disputes, interpretation of laws, protection of rights and freedoms, and maintenance of the rule of law.

4.2. The Judiciary shall consist of a hierarchy of courts, including the Supreme Court as the highest appellate body, and lower courts established by law to ensure access to justice, due process, and judicial remedies for all citizens.

4.3. Judges shall be appointed based on merit, integrity, and legal expertise, serving with tenure and immunity from political interference, to uphold the principles of justice, fairness, and equality before the law.

Article 5: Fundamental Rights and Freedoms

5.1. The Republic of the Auxarcs shall recognize and guarantee the fundamental rights and freedoms of all individuals, including but not limited to the rights to life, liberty, equality, dignity, and justice, as enshrined in international human rights instruments.

5.2. No law, government action, or societal practice shall infringe upon or derogate from these rights, except as necessary and proportionate in a democratic society, with due regard for the rights and freedoms of others and the public interest.

5.3. The government shall adopt affirmative measures to promote and protect the rights of marginalized and vulnerable groups, including women, children, persons with disabilities, minorities, indigenous peoples, refugees, and migrants.

Article 6: Amendment Process

6.1. This Constitution may be amended by a two-thirds majority vote of the Assembly, followed by ratification in a national referendum, ensuring broad-based consensus and popular support for constitutional changes.

6.2. Amendments shall only be made to further the principles and objectives of this Constitution, respecting the rule of law, democratic governance, human rights, and national unity, while safeguarding the integrity and stability of the nation.

Article 7: Sovereignty and Unity

7.1. The sovereignty of The Auxarcs resides in the people, who exercise their authority through democratic processes, institutions, and participatory mechanisms, ensuring accountability, responsiveness, and legitimacy in governance.

7.2. The Republic of the Auxarcs shall uphold the principles of national unity, diversity, and territorial integrity, fostering solidarity, social cohesion, and peaceful coexistence among its citizens, regardless of ethnicity, religion, language, or creed.

Article 8: Transitional Provisions

8.1. This Constitution shall take effect upon ratification by a two-thirds majority of the citizens of The Auxarcs, superseding any previous legal instruments or arrangements inconsistent with its provisions, and serving as the supreme law of the land.

8.2. Existing laws, institutions, and agreements shall remain in force to the extent consistent with this Constitution, until duly amended, repealed, or replaced by competent authorities in accordance with the procedures established herein.

Article 9: Economic Principles

9.1. The Republic of Auxarcs shall pursue a mixed economy, combining elements of free enterprise, social welfare, and public investment to foster sustainable development, economic growth, and equitable distribution of wealth and resources.

9.2. The government shall regulate economic activities to promote competition, consumer protection, environmental sustainability, and social justice, while facilitating innovation, entrepreneurship, and job creation in diverse sectors of the economy.

9.3. The state shall endeavor to eliminate poverty, reduce income inequality, and ensure access to basic goods, services, and opportunities for all citizens, particularly the marginalized, disadvantaged, and vulnerable segments of society.

Article 10: Education and Knowledge

10.1. The Republic of Auxarcs recognizes education as a fundamental human right and a cornerstone of national development, empowering individuals, fostering critical thinking, and promoting social progress and cohesion.

10.2. The government shall ensure universal access to quality education at all levels, including early childhood, primary, secondary, vocational, technical, and higher education, regardless of gender, ethnicity, religion, socio-economic status, or geographic location.

10.3. The state shall support the pursuit of knowledge, research, and innovation in science, technology, arts, and humanities, investing in educational institutions, libraries, museums, and cultural centers to preserve heritage, promote creativity, and advance human civilization.

Article 11: Environmental Stewardship

11.1. The Republic of Auxarcs acknowledges the interconnectedness of humanity and nature, and the imperative to protect and preserve the environment for present and future generations, ensuring ecological sustainability and biodiversity conservation.

11.2. The government shall adopt policies, regulations, and programs to mitigate climate change, reduce pollution, conserve natural resources, and promote sustainable development practices in harmony with the ecosystem and the principles of intergenerational equity.

11.3. The state shall encourage public awareness, participation, and cooperation in environmental conservation efforts, fostering a culture of responsibility, respect, and stewardship towards the planet and its diverse ecosystems.

Article 12: National Security and Defense

12.1. The Republic of Auxarcs shall ensure the security and defense of its territory, sovereignty, and citizens, maintaining armed forces capable of protecting the nation against external aggression, internal threats, and emerging security challenges.

12.2. The government shall uphold the principles of civilian control, professionalism, and respect for human rights in the management and operation of the military, ensuring accountability, transparency, and adherence to international humanitarian law.

12.3. The state shall promote diplomacy, dialogue, and cooperation as primary means of resolving conflicts and promoting peace, while maintaining a credible defense posture and readiness to defend the nation's interests and values when necessary.

Closing Words: Signatures

In witness whereof, we, the undersigned delegates, representing the diversity and unity of the people of Auxarcs, have ratified this Constitution on this Fifth Day of February in the Year of Our Republic Two Thousand and Twenty-Four.

[Signatures of the Founding Delegates]