Constitutions of 1975 and of 1989/Constitution of 1975/The Constitution 1975

From Wikisource
Jump to navigation Jump to search

The Constitution 1975

In consciousness of his responsibility before God and before man, and inspired by the will to serve the cause of Peace for his People and for all peoples in the world, the sovereign ruler of the Principality of Sealand, His Majesty Prince Roy of Sealand, for himself and for his successors to the throne, by virtue of his constitutional authority resolves, swears and proclaims:

§ 1. 
§ 1.1.The dignity of man is unimpeachable. To respect and preserve this dignity is the duty of all national authority.
§ 1.2.The Sovereign and his people acknowledge the inviolable and inalienable rights of man as the basis of every human community, of freedom and of justice in the world, and recognise that these rights are in complete accord with the General Declaration of Human Rights as already defined by other States on December l0th, 1948.
§ 1.3.The following rights are binding on the Sovereign, his successors, the legislature, the executive authority and the administration of justice, as immediately effective law.
§ 2. 
§ 2.1.Everyone has the right to the free development of his or her personality, as far as this does not infringe upon the rights of others.
§ 2.2.Everyone has the right to life and physical safety. The freedom of the person is unassailable and may be restricted only by law.
§ 3.All men are equal before the law. No one may suffer prejudice because of his or her sex, descent, race, language, native land and extraction, his or her faith or religious convictions.

§ 4.

§ 4.1.A subject of the State is that person who possesses citizenship or acquires it.
§ 4.2.The first citizen is the Sovereign. All executive power originates from him. This supreme power is passed on to the Sovereign's heir, who is designated by him. The Sovereign designates this heir on the proclamation of this law, later upon taking over supreme power, and also designates at least the next two in line of succession. Should certain heirs or next in line of succession not be able to accept the supreme power because they have died, and should further heirs not have been appointed, the Privy Council decides upon a person as Sovereign. In the case of equal voting, the President of the Privy Council has the casting vote.
§ 4.3.Members of the Privy Council, those entrusted with political assignments, members of the government, chargè d'affaires and members of the diplomatic service are always citizens of the State by reason of their appointment. The withdrawal of their appointer does not end their citizenship.
§ 4.4.Other persons acquire nationality by conferring of this by the Sovereign. An appointed consul will be given preference when laying claim to citizenship.
§ 4.5.Legal persons and corporations who prove their domicile by registration in a register especially furnished by law for the purpose are citizens.
§ 4.6.No citizen may be extradited at the demand of another state unless authorized by the Sovereign.
§ 4.7.A dispossession of nationality is only permissible when as a result the person concerned does not become stateless, except where the Sovereign considers that it is necessary for such dispossession in the best interest of Sealand or any of its citizens.
§ 5.Should for any cause or by reason of any law whatsoever, the State be transferred to another, be united with another state, or be changed into a federation, or be changed for any other reasons of whatever kind, the nationality of Sealand continues to be valid until the possessor of its citizenship accepts the citizenship of another nation.
§ 6. 
§ 6.1.The ministers of the country, the President of the High Court, the President of the State Bank, and two further persons called upon by the Sovereign constitute the Privy Council, which is bound under obligation to advise the Sovereign. The Minister of Foreign Affairs is the President of the Privy Council.
§ 6.2.A member of the Privy Council may not be called to account for a punishable offence, unless the Sovereign, expressly authorizes the commencement of proceedings.
§ 7. 
§ 7.1.All citizens have the right to choose their profession freely. No one may be forced to do a certain work.
§ 7.2.The practising of a profession may be regulated by law.
§ 8. 
§ 8.1.All citizens enjoy freedom of movement within all territories of the State.
§ 8.2.This right may be limited by law only when sufficient means for supporting life are not available, or when special burdens would ensue for the State, or in cases where it is necessary to prevent access for reasons of national security, for control of epidemics, natural catastrophes or especially severe disasters, or if it is necessary to prevent punishable actions, or actions which the Sovereign and Privy Council consider are likely to lead to such actions.
§ 8.3.Sealand will not provide a haven for any person who is fleeing from justice.
§ 9. 
§ 9.1.The safety of the houses, property and the right of inheritance of all citizens will be respected by Sealand.
§ 9.2.The same limitations as in § 8.2 are here valid.
§ 10. 
§ 10.1.Whoever as a citizen misuses the fundamental regulations of the State forfeits his or her fundamental rights.
§ 10.2.Insofar an only a restriction of the basic regulations of the State is foreseen in this law, the appropriate law must be valid in general and not for the individual case.
§ 11. 
§ 11.1.The legislature is bound to constitutional order, the executive authority and legal decisions in law and justice.
§ 11.2.All state nationals have the right to resist anyone who attempts to set aside this regulation, if other redress is not possible.
§ 12. 
§ 12.1.All legislation rests with the Sovereign.
§ 12.2.For the preservation of peace and for security of the country, the Sovereign may by law consent to the restriction of the Sovereign's power.
§ 12.3.For the settlement of international disputes the Sovereign assents to entering into agreements concerning a general comprehensive, obligatory, international jurisdiction of arbitration.
§ 12.4.The Legal system, otherwise, is based on the British Common Law and the British Law of Contract. This does not exclude certain special laws which then take precedence over this law.
§ 12.5. 
a)The Sovereign especially exercises the exclusive jurisdiction over taxes, customs duties, privileges and monopolies.
b)Revenues from these laws belong to the Sovereign as well as to the ministries or the representatives of monopolies, in accordance with contractually regulated ratio of distribution. Changes in legally stipulated taxes or privileges can be made only with the agreement of the person concerned or at reasonable interval of time.
c)The levying of customs duties and taxes is made by the Ministry of Finances, on the advice of the Privy Council.
d)The Sovereign takes the necessary steps to ensure that an audit of accounts and an examination of the ratio of distribution takes place.
§ 13.The general provisions of international law are a constituent part of the constitutional law of Sealand and have precedence over other laws; they create rights and duties directly for the nationals of the State.
§ 14.The national flag is rectangular, red in the upper diagonal half and black in the lower diagonal half, save that a white diagonal bar forms part of such lower diagonal part of the flag.
§ 15.The national language is English.
§ 16.All the merchant ships of the State form a centralised merchant fleet.
§ 17.For maintenance of order and security the State may legally raise a body of police, with the approval of the Sovereign or the competent Ministry, employ them for this purpose.
§ 18. 
§ 18.1.For the maintenance of law and order there is the national Tribunal, divided into two senates, the first senate is responsible for matter of international law, public law and constitutional law; the second senate is responsible for all other legal matters.
§ 18.2.Each senate has a president. The president of the first senate is the President of the Supreme Court of Justice and member of the Privy Council.
§ 18.3.The second senate is the Court of Appeal for the Boards of Justice subordinate to it.
§ 18.4.At least two persons are appointed to each senate, and at least one person to each Board of Justice, and they must establish their qualification for juridical function.
§ 18.5.The courts work out their regulations of procedure themselves, within the framework of this law.
§ 19. 
§ 19.1.Everyone may claim to be legally heard before the Court.
§ 19.2.A person can only be sentenced when the offence was legally defined before the deed was committed. No criminal act will be retrospectively made such an offence.
§ 19.3.No one may be convicted more than once for the same offence.
§ 19.4. There is no death sentence.
§ 19.5. Imprisonment is permitted only with the approval of the President of the Supreme Court, or his authorized deputy.
§ 19.6.The right of granting a pardon is a prerogative of the Sovereign.
§ 20. 
§ 20.1.The Sovereign appoints the President of the National State Bank, who is entrusted with carrying out of everything connected with putting into circulation of money, the provision of loans, the security of the currency and the handling of the clearing system at home and abroad.
§ 20.2.The right to the minting of money is not a matter for the State Bank which, however, must be informed of the monetary circulation.
§ 20.3.The legal currency is the Sealand Dollar. All the services of the State and organs of the State should be settled preferably in this currency.
§ 20.4.Penal provisions for the money and coinage can be legally regulated only with the agreement of the Sovereign.
§ 21. 
§ 21.1.The Sovereign fills all necessary Ministries with ministers by appointment.
§ 21.2.Necessary Ministries are:
a)the Foreign Office,
b)the Ministry of Justice,
c)the Ministry for Economics and Finances,
d)the Ministry for Home Affairs and Development,
e)the Ministry for Traffic, Transport, Post and Cultural Affairs,
f)the Special Ministry for all other national and international matters,
g)and such other Ministries as the Sovereign may from time to time decide.
§ 21.3.Each Ministry equips itself with its own organisation.
§ 21.4.It is permissible for a minister to serve in various ministries.
§ 21.5.Drafts of laws for a Ministry are to be justified in detail to the Sovereign.
§ 21.6.Laws promulgated by the Sovereign are to be published in a National Memorandum.
§ 22. 
§ 22.1.For special services for the State, the Sovereign awards orders, titles and privileges.
§ 22.2.The Honours listed in § 22.1 will be created by the Sovereign by special law, and the rights conferred by these honours documented.
§ 22.3.Orders, titles and privileges can also be awarded as hereditary orders, titles and privileges.
§ 22.4.The Privy Council can put forward to the Sovereign the names of suitable persons on whom honours may be bestowed.
§ 23. 
§ 23.1.This law comes into force on the day on which the Sovereign signs it.
§ 23.2.All institutions and organs of the State are to be sworn in at the Constitution. By his signature the Sovereign confirm this Constitution by affirmation under oath.

Sealand, September 25th, 1975, Roy of Sealand