FOUNDATION FOR NATIONAL RENEWAL

Crafting a Model Constitution

TASK THREE - DEFINITIONS

1. A study of Annex A will reveal the following interesting points:

1. The Swiss Constitution relies on citizenship of a municipality to determine Swiss citizenship.
2. Although the Constitution of South Africa confers pages and pages of Constitutional rights on its citizens, it relies on legislation for the acquisition, loss and restoration of citizenship.
3. The fact that the ruling elite drafted the Constitution of Ukraine is highlighted by the fact that lawmakers are empowered to make laws to deprive citizens of citizenship. A very handy provision in the Constitution - if you happen to be a lawmaker!
4. Although less boldly apparent, it seems that German lawmakers can also make laws to deprive citizens of citizenship.
5. A definition of citizenship didn't appear in the Constitution of the USA until 80 years after it was first enacted.

2. The current Australian Constitution refers only to 'subjects' not citizens and there is therefore no definition of citizenship.

3. To avoid these anomalies, it seems logical to include in our 'Model Constitution' one or two definitions.

Australian Citizenship

4. A definition of Australian Citizenship should cover, at least, the following;

1. Persons born in Australia of Australian parents.
2. Persons born in Australia of foreign parents
3. Persons born overseas of Australian parents.
4. Persons born of one Australian and one foreign parent in Australia and/or overseas.
5. Migrants
6. Refugees
7. Dual citizenship
8. Illegitimate children
9. Orphans
10. Loss and restoration of Australian Citizenship.

5. While considering eligibility for Australian citizenship, perhaps we should also consider eligibility for election to Parliament and eligibility for election/appointment to the position of Head of State. (Should there be any difference or should any Australian Citizen be eligible for election/appointment to these positions?)

Australia the Country

6. While on the topic of definitions, it seems appropriate also to consider defining exactly what we mean by the term, 'Australia'.

7. Such a definition should include;

1. The continental land mass, continental islands, other islands, Antarctica.
2. The surrounding sea. (Continental shelf, 200 mile economic zone, etc.)
3. Sovereign air space.
4. Space (The area above our landmass beyond the earth's atmosphere).
5. Underground and undersea resources.

8. Should the 'Model Constitution' also declare sovereignty over all this? (At the present time it all belongs to the Queen!)

Task Three

Definitions

There are four components of this task.

9. Define Australian Citizenship.

 

10. Decide if there should be any specific criteria or should any Australian Citizen be eligible for election/ appointment to our Parliaments and/or the position of Head of State.

 

11. Define Australia.

12. Decide if the 'Model Constitution' should include a declaration of sovereignty over Australia. Decide if such a declaration should be in the name of the People of Australia or some other body.

Note: The final page of this mail-out is a reprint of the general Instructions for the crafting of a 'Model Constitution'.

Federal Constitution of the Swiss Confederation (12 March 2000 Revision)

Art. 37 Citizenship

1. Every person who has citizenship of a Municipality and of the Canton to which it belongs, has Swiss citizenship.

2. No person shall enjoy a privilege or suffer prejudice because of his or her citizenship. Exceptions are possible to regulate political rights in bourgeoisies and corporations, and provide for participation in their assets, unless cantonal legislation excludes this.

Constitution of South Africa (As amended 11 October 1996)

Article 7. Citizenship

1. There is a common South African citizenship.
2. All citizens are

1. equally entitled to the rights, privileges and benefits of citizenship; and
2. equally subject to the duties and responsibilities of citizenship.

1. National legislation must provide for the acquisition, loss and restoration of citizenship.

Constitution of the United States of America, Amendment XIV (1868)

Section 1.

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Constitution of Ukraine (Adopted 28 June 1996)

Article 4

There is single citizenship in Ukraine. The grounds for the acquisition and termination of Ukrainian citizenship are determined by law.

Constitution of Germany

Article 16

1. No one may be deprived of his German citizenship. Loss of citizenship may arise only pursuant to law, and against the will of the person affected it may arise only if such person does not thereby become stateless.

(2) No German may be extradited to a foreign country. Persons persecuted for political reasons enjoy the right of asylum.