FOUNDATION FOR NATIONAL RENEWAL

Crafting a Model Constitution

TASK TWO – A TABLE OF CONTENTS

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)

Ukraine (Adopted at the Fifth Session of the Verkhovna Rada (parliament) of Ukraine on 28 June 1996 following the break-up of the Soviet Union.)

 

 

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

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

Part 4. Delimitations of Constituencies

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

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.

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

The People - Rights and Responsibilities

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

Government

The Structure of Government in Australia

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 National Parliament

The House of Representatives

The Role of the House of Representatives

Election of Members

Parliamentary Procedures

The Senate

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

The Supreme Courts

Role of Supreme Courts

Appointment of Supreme Court Judges

Other courts

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