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The Foundation for National Renewal |
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The Model Constitution Project: |
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After a decade of work, this project has borne fruit: the First Draft of a new Constitution. |
| The Project | Synopsis | Foreword & Preface | Draft Constitution | ||||
Having worked on a possible Preamble for our ‘Model Constitution’, it now seems logical that we should work on a possible Contents List. This will give everyone a chance to have a say on what topics our constitution should cover. Creating a Contents List at this early stage will also facilitate tackling the task of crafting a ‘Model Constitution‘ in a logical fashion. Furthermore, all members will be able to see what it is intended that our Constitution will contain and can respond to Tasks accordingly.
Of course, it will not necessarily mean that we slavishly follow the contents list to decide what task should be tackled next. It may well be that it is convenient to tackle issues that are topical. This will allow Members to relate the crafting of our Model Constitution to everyday events as well as highlighting the possibility of fixing day to day problems with appropriate amendments to our Constitution. As with most of what we do in the process of crafting our Model Constitution, there will, of course be a need to revise this list from time to time and it will not be finalised until the Model Constitution is complete. The Contents List of Australia’s current Constitution and those of the following Nations is attached as Annex A: Germany (Adopted in 1949 following defeat by the Allies in WW2.) Jamaica (Adopted on becoming independent from the United Kingdom)
Task Two Compile a draft Contents List
There are two components of this Task. The first is to decide what topics our Model Constitution should cover. The second is to arrange the contents in a logical order. Contributors are asked to add or subtract items from the tentative list at Annex B and to suggest sub-headings where considered appropriate. The second part of the task is to arrange the Contents List in such a way that our Model Constitution will follow a logical pattern.
FOUNDATION FOR NATIONAL RENEWAL
Annex A to Task Two Contents List Various Constitutional Tables of Contents Australia Chapter 1. The Parliament Part I. General Part II. The Senate Part III. The House of Representatives Part IV. Both Houses of Parliament Part V. Powers of the Parliament Chapter II. The Executive Government Chapter III. The Judicature Chapter IV. Finance and Trade Chapter V. The States Chapter VI. New States Chapter VII. Miscellaneous Chapter VIII. Alteration of the Constitution
The Federal Republic of Germany Preamble Chapter I. Basic Rights Chapter II. The Federation and the States Chapter III. The House of Representatives Chapter IV. The Senate Chapter IV a. The Joint Committee Chapter V. The President Chapter VI. The Government Chapter VII. Federal Legislative Powers Chapter VIII. Execution of Statutes and Federal Administration Chapter IX. The Administration of Justice Chapter X. Finance Chapter Xa. State of Defence Chapter XI. Transitional and Concluding Provisions
Jamaica Chapter I. Preliminary " II. Citizenship " III. Fundamental Rights and Freedoms " IV. The Governor General Chapter V. Parliament Part 1. Composition Part 2. Powers and Procedures Part 3. Summoning, prorogation and dissolution
Chapter VI. Executive Powers Chapter VII. The Judicature Part 1. The Supreme Court Part 2. Court of Appeal Part 3. Appeals to Her Majesty in Council Part 4. Judicial Service Commission Chapter VIII. Finance Chapter IX. The Public Service Part 1. General Part 2. Police Part 3. Pensions Chapter X. Miscellaneous
Ukraine Preamble Chapter I. General Principles Chapter 2. The Rights Freedoms and Duties of Individuals and Citizens Chapter III. Elections; Referenda Chapter IV. The Supreme Rada of Ukraine Chapter V. The President of Ukraine Chapter VI. The Cabinet Ministers of Ukraine; Other Organs of Executive Authority Chapter VII. The Procuracy (Judicature) Chapter VIII. The Justice System Chapter IX. Territorial Structure of Ukraine Chapter X. The Autonomous Republic of Crimea Chapter XI. Local Self Government Chapter XII. The Constitutional Court of Ukraine Chapter XIII. Amending the Constitution of Ukraine Chapter XIV. Final Provisions Chapter XV. Transitional Provisions
FOUNDATION FOR NATIONAL RENEWAL Annex B to Task Two Contents List
THE TASK Please return this list to the Foundation with your additions, subtractions, expansions, etc., etc.. This list is deliberately very general. You should be as specific as you like. Please note that any debate about the topics will be relevant when that topic comes up for discussion. MODEL CONSTITUTION
DRAFT CONTENTS LIST
The Preamble
Basic Concepts Australia Australian Citizens The Source of Authority for the Constitution and Laws of Australia The Basic Laws of Society
General Rights Responsibilities The Indigenous People of Australia Emergency and war powers of government Government powers of military and civil conscription Government powers over private property
Levels of Government (eg. National, State, Provincial, Regional, Local) Powers of the different levels of government Administration and delivery of government services The Head of State Powers, Role and Duties Election or Selection of the Head of State The Executive Government Relationship of the Executive and Legislative branches of government
The House of Representatives The Role of the House of Representatives Election of Members Parliamentary Procedures
The Role of the Senate Election of Senators Senate Procedures
Legislation Legislation by the Parliament Citizen Initiated Referenda Ratification and legal force of international treaties
Justice Principles of the justice system The High Court Role of The High Court Appointment of High Court Justices
Role of Supreme Courts Appointment of Supreme Court Judges
The Australian Economy and Environment Ownership, control and exploitation of Natural Resources Environmental powers and responsibilities of governments Economic powers and responsibilities of governments Finance and trade Taxation, and limits on taxing powers Economic institutions The Banking system
Alteration of This Constitution Parliament-Initiated Alterations Citizen-Initiated Alterations Passage of Referenda Signing into Law
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