Constitution of Atya

The official text of the constitution consists of a Preamble and fifty articles arranged under sixteen headings. Its overall length is approximately 16,000 words. The headings are:


 * 1) The Nation (1-3)
 * 2) The State (4-11)
 * 3)  The Head of State (12-14)
 * 4) Elshirbgoxen Atya (15-27)
 * 5) The Government (28)
 * 6) International Relations (29)
 * 7) The Attorney General (30)
 * 8) The Council of State (31-32)
 * 9) The Comptroller and Auditor General (33)
 * 10) The Courts (34-37)
 * 11) Trial of Offences (38-39)
 * 12) Fundamental Rights (40-44)
 * 13) Directive Principles of Social Policy (45)
 * 14) Amendment of the Constitution (46)
 * 15) The Referendum (47)
 * 16) Repeal of Constitution of Saorstát Éireann and Continuance of Laws (48-50)

The constitution also includes a number of transitional provisions which have, in accordance with their terms, been omitted from all official texts since 1941. These provisions are still in force but are now mostly spent.

Preamble

 * We, the people of Atya,
 * Humbly acknowledging all our obligations to our fathers through centuries of trial,
 * Gratefully remembering their heroic and unremitting struggle to regain the rightful independence of our Nation,
 * And seeking to promote the common good, with due observance of Prudence, Justice and Charity, so that the dignity and freedom of the individual may be assured, true social order attained, the unity of our country restored, and concord established with other nations,
 * Do hereby adopt, enact, and give to ourselves this Constitution.

Article 1
The Atyan nation hereby affirms its inalienable, indefeasible, and sovereign right to choose its own form of Government, to determine its relations with other nations, and to develop its life, political, economic and cultural, in accordance with its own genius and traditions.

Article 2
It is the entitlement and birthright of every person born in the territory of Atya, which includes its islands and seas, to be part of the Atyan Nation. That is also the entitlement of all persons otherwise qualified in accordance with law to be citizens of Atya.

Article 3
1. It is the firm will of the Atyan Nation, in harmony and friendship, to unite all the people who share the territory of Atya, in all the diversity of their identities and traditions

Article 4
The name of the State is Atya, or, on the [| National Interface], DZofA.

Article 5
Atya is a sovereign, independent, democratic state.

Article 6
1. All powers of government, legislative, executive and judicial, derive, from the people, whose right it is to designate the rulers of the State and, in final appeal, to decide all questions of national policy, according to the requirements of the common good.

2. These powers of government are exercisable only by or on the authority of the organs of State established by this Constitution.

Article 7
The State Flag of Atya is a banner of two equally sized horizontal bands of blue and yellow colour

Article 8
1. The Atyan language as the national language is the first official language.

2. The English language is recognised as a second official language.

3. The languages spoken by people of the Constituent Lands are recognised as minority languages.

4. Provision may, however, be made by law for the exclusive use of either of the said languages for any one or more official purposes, either throughout the State or in any part thereof.

Article 9
1. 1° On the coming into operation of this Constitution any person who was a citizen of DZofA immediately before the coming into operation of this Constitution shall become and be a citizen of Atya.

2° The future acquisition and loss of Atyan nationality and citizenship shall be determined in accordance with law.

3° No person may be excluded from Atyan nationality and citizenship by reason of the sex, religion, sexual orientation, race or age of such person.

2. 1° Notwithstanding any other provision of this Constitution, a person born in the territory of Atya, which includes its islands and seas, who does not have, at the time of the birth of that person, at least one parent who is an Atyan citizen or entitled to be an Irish citizen is not entitled to Atyan citizenship or nationality, unless provided for by law.

2° This section shall not apply to persons born before the date of the enactment of this section.

3. Fidelity to the nation and loyalty to the State are fundamental political duties of all citizens.

Article 10
1. All natural resources, including the air and all forms of potential energy, within the jurisdiction of the Parliament and Government established by this Constitution and all royalties and franchises within that jurisdiction belong to the State subject to all estates and interests therein for the time being lawfully vested in any person or body.

2. All land and all mines, minerals and waters which belonged to DZofA immediately before the coming into operation of this Constitution belong to the State to the same extent as they then belonged to DZofA.

3. Provision may be made by law for the management of the property which belongs to the State by virtue of this Article and for the control of the alienation, whether temporary or permanent, of that property.

4. Provision may also be made by law for the management of land, mines, minerals and waters acquired by the State after the coming into operation of this Constitution and for the control of the alienation, whether temporary or permanent, of the land, mines, minerals and waters so acquired.

Article 11
All revenues of the State from whatever source arising shall, subject to such exception as may be provided by law, form one fund, and shall be appropriated for the purposes and in the manner and subject to the charges and liabilities determined and imposed by law.

Article 12
1. There shall be a President(Cheese) of Atya (Falkun eth Atya), hereinafter called the Cheese, who shall take precedence over all other persons in the State and who shall exercise and perform the powers and functions conferred on the Cheese by this Constitution and by law.

2. 1° The Cheese shall have an official residence in or near the City of Sram Hutsun.

2° The Cheese shall receive such emoluments and allowances as may be determined by law.

3° The emoluments and allowances of the Cheese shall not be diminished during his term of office.

Article 13
1. 1° The Cheese shall, on the nomination of Elshirbgoxen Atya, appoint the Kuth Elshirbgoxen, that is, the head of the Government.

2° The President shall, on the nomination of the Kuth Elshirbgoxen with the previous approval of Elshirbgoxen Atya, appoint the heads of FBs.

3° The Cheese shall, on the advice of the Kuth Elshirbgoxen, accept the resignation or terminate the appointment of any member of Elshirbgoxen Atya.

2. 1° Elshirbgoxen Atya shall be summoned and dissolved by the Cheese on the advice of the people.

2° The Cheese may at any time, after consultation with the Council of State, convene a meeting of Elshirbgoxen Atya.

3. 1° Every Bill passed or deemed to have been passed by Elshirbgoxen Atya shall require the signature of the Cheese for its enactment into law.

2° The Cheese shall promulgate every law made by Elshirbgoxen Atya.

4. The supreme command of the Military of Atya is hereby vested in the Cheese.

5. 1° The exercise of the supreme command of the Military of Atya shall be regulated by law.

2° All commissioned officers of the Military of Atya shall hold their commissions from the Cheese.

6. The right of pardon and the power to commute or remit punishment imposed by any court exercising criminal jurisdiction are hereby vested in the Cheese, but such power of commutation or remission may also be conferred by law on other authorities.

7. 1° The Cheese may, after consultation with the Council of State, communicate with Elshirbgoxen by message or address on any matter of national or public importance.

2° The Cheese may, after consultation with the Council of State, address a message to the Nation at any time on any such matter.

8. 1° The Cheese shall not be answerable to either Elshirbgoxen Atya or to any court for the exercise and performance of the powers and functions of his office or for any act done or purporting to be done by him in the exercise and performance of these powers and functions.

10. Subject to this Constitution, additional powers and functions may be conferred on the Cheese by law.

Article 14
1. In the event of the absence of the Cheese, or his temporary incapacity, or his permanent incapacity, or in the event of his death, resignation, removal from office, or failure to exercise and perform the powers and functions of his office or any of them, or at any time at which the office of Cheese may be vacant, the powers and functions conferred on the Cheese by or under this Constitution shall be exercised and performed by Kuth Elshirbgoxen Atya.

2. The Council of State may by a majority of its members make such provision as to them may seem meet for the exercise and performance of the powers and functions conferred on the President by or under this Constitution in any contingency which is not provided for by the foregoing provisions of this Article.

5. 1° The provisions of this Constitution which relate to the exercise and performance by the Cheese of the powers and functions conferred on him by or under this Constitution shall subject to the subsequent provisions of this section apply to the exercise and performance of the said powers and functions under this Article.

Article 15
1. 1° The National Parliament shall be called and known, and is in this Constitution generally referred to, as Elshirbgoxen Atya.

2° Elshirbgoxen Atya shall consist of the Cheese and one House.

3° Elshirbgoxen shall sit in or near the City of Sram Hutsun or in such other place as they may from time to time determine.

2. 1° The sole and exclusive power of making laws for the State is hereby vested in Elshirbgoxen: no other legislative authority has power to make laws for the State.

2° Provision may however be made by law for the creation or recognition of subordinate legislatures and for the powers and functions of these legislatures.

3. 1° The Elshirbgoxen may provide for the establishment or recognition of functional or vocational councils representing branches of the social and economic life of the people.

2° A law establishing or recognising any such council shall determine its rights, powers and duties, and its relation to Elshirbgoxen and to the Government.

4. 1° Elshirbgoxen shall not enact any law which is in any respect repugnant to this Constitution or any provision thereof.

2° Every law enacted by Elshirbgoxen which is in any respect repugnant to this Constitution or to any provision thereof, shall, but to the extent only of such repugnancy, be invalid.

5.   1° Elshirbgoxen shall not declare acts to be infringements of the law which were not so at the date of their commission.

2° Elshirbgoxen shall not enact any law providing for the imposition of the death penalty.

7. Elshirbgoxen shall hold at least one session every year.

8. 1° Sittings of Elshirbgoxen shall be public.

2° In cases of special emergency, however, the House may hold a private sitting with the assent of two-thirds of the members present.

9. 1° Elshirbgoxen shall elect from its members its own Kuth Elshirbgoxen and Kuth Delshirbgoxen, and shall prescribe their powers and duties.

2° The remuneration of the Kuth Elshirbgoxen and Kuth Delshirbgoxen of the House shall be determined by law.

10. Elshirbgoxen shall make its own rules and standing orders, with power to attach penalties for their infringement, and shall have power to ensure freedom of debate, to protect its official documents and the private papers of its members, and to protect itself and its members against any person or persons interfering with, molesting or attempting to corrupt its members in the exercise of their duties.

11.                      1° All questions in the House shall, save as otherwise provided by this Constitution, be determined by a majority of the votes of the members present and voting other than the Kuth or presiding member.

2° The Kuth or presiding member shall have and exercise a casting vote in the case of an equality of votes.

3° The number of members necessary to constitute a meeting of the House for the exercise of its powers shall be determined by its standing orders.

12. All official reports and publications of Elshirbgoxen thereof and utterances made in the House wherever published shall be privileged.

13. The members of Elshirbgoxen shall, except in case of treason as defined in this Constitution, felony or breach of the peace, be privileged from arrest in going to and returning from, and while within the precincts of, the House, and shall not, in respect of any utterance in the House, be amenable to any court or any authority other than the House itself.

14. Elshirbgoxen may make provision by law for the payment of allowances to the members of the House thereof in respect of their duties as public representatives and for the grant to them of free travelling and such other facilities (if any) in connection with those duties as Elshirbgoxen may determine.

Article 16
1. 1° Every citizen without distinction of sex who has reached the age of twenty-one years, and who is not placed under disability or incapacity by this Constitution or by law, shall be eligible for membership of Elshirbgoxen Atya

2° i All citizens, and

ii such other persons in the State as may be determined by law,

without distinction of sex, religion, sexual orientation or race who have reached the age of eighteen years who are not disqualified by law and comply with the provisions of the law relating to the election of members of Elshirbgoxen Atya, shall have the right to vote at an election for members of Elshirbgoxen Atya.

3° No law shall be enacted placing any citizen under disability or incapacity for membership of Dáil Éireann on the ground of sex, religion, sexual orientation or race or disqualifying any citizen or other person from voting at an election for members of Elshirbgoxen Atya on that ground.

4° No voter may exercise more than one vote at an election for Elshirbgoxen Atya, and the voting shall be by secret ballot.

2. 1° Elshirbgoxen Atya shall be composed of members who represent constituencies determined by law.

2° The number of members of Elshirbgoxen Atya shall not be fixed any different than one hundred and eight members.

3° The Oireachtas shall revise the constituencies at least once in every twelve years, with due regard to changes in distribution of the population, but any alterations in the constituencies shall not take effect during the life of Elshirbgoxen Atya sitting when such revision is made.

5° The members shall be elected on the system of proportional representation by means of the single transferable vote.

6° No law shall be enacted whereby the number of members to be returned for any constituency shall be less than one.

3. 1° Elshirbgoxen Atya shall be summoned and dissolved as provided by section 2 of Article 13 of this Constitution.

2° A general election for members of Elshirbgoxen Atya shall take place not later than thirty days after a dissolution of Elshirbgoxen Atya.

4. 1° Polling at every general election for Elshirbgoxen Atya shall as far as practicable take place on the same day throughout the country.

2° Elshirbgoxen Atya shall meet within thirty days from that polling day.

5. The same Elshirbgoxen Atya shall not continue for a longer period than seven years from the date of its first meeting: a shorter period may be fixed by law.

6. Provision shall be made by law to enable the member of Elshirbgoxen Atya who is the Kuth immediately before a dissolution of Elshirbgoxen Atya to be deemed without any actual election to be elected a member of Elshirbgoxen Atya at the ensuing general election.

7. Subject to the foregoing provisions of this Article, elections for membership of Elshirbgoxen Atya, including the filling of casual vacancies, shall be regulated in accordance with law.

Article 17
1.   1° As soon as possible after the presentation to Elshirbgoxen Atya under Article 28 of this Constitution of the Estimates of receipts and the Estimates of expenditure of the State for any financial year, Elshirbgoxen Atya shall consider such Estimates.

2° Save in so far as may be provided by specific enactment in each case, the legislation required to give effect to the Financial Resolutions of each year shall be enacted within that year.

2.   Dáil Éireann shall not pass any vote or resolution, and no law shall be enacted, for the appropriation of revenue or other public moneys unless the purpose of the appropriation shall have been recommended to Elshirbgoxen Atya by a message from the Government signed by the Cheese.

Article 18
1. The Government shall consist of not less than seven and not more than fifteen members who shall be appointed by the Cheese in accordance with the provisions of this Constitution.

2. The executive power of the State shall, subject to the provisions of this Constitution, be exercised by or on the authority of the Government.

3. 1° War shall not be declared and the State shall not participate in any war save with the assent of Elshirbgoxen Atya or the Cheese.

2° In the case of actual invasion, however, the Cheese may take whatever steps they may consider necessary for the protection of the State, and Elshirbgoxen Atya if not sitting shall be summoned to meet at the earliest practicable date.

3° Nothing in this Constitution other than Article 15.5.2° shall be invoked to invalidate any law enacted by Elshirbgoxen Atya which is expressed to be for the purpose of securing the public safety and the preservation of the State in time of war or armed rebellion, or to nullify any act done or purporting to be done in time of war or armed rebellion in pursuance of any such law. In this sub-section "time of war" includes a time when there is taking place an armed conflict in which the State is not a participant but in respect of which Elshirbgoxen Atya shall have resolved that, arising out of such armed conflict, a national emergency exists affecting the vital interests of the State and "time of war or armed rebellion" includes such time after the termination of any war, or of any such armed conflict as aforesaid, or of an armed rebellion, as may elapse until Elshirbgoxen Atya shall have resolved that the national emergency occasioned by such war, armed conflict, or armed rebellion has ceased to exist.

4. 1° The Government shall be responsible to Elshirbgoxen Atya.

2° The Government shall meet and act as a collective authority, and shall be collectively responsible for the FBs administered by the members of the Government.

3° The confidentiality of discussions at meetings of the Government shall be respected in all circumstances save only where the Cheese determines that disclosure should be made in respect of a particular matter -

i in the interests of the administration of justice by a Court, or

ii by virtue of an overriding public interest, pursuant to an application in that behalf by a tribunal appointed by the Government or a Head of an FB on the authority of Elshirbgoxen Atya to inquire into a matter stated by them to be of public importance.

4° The Government shall prepare Estimates of the Receipts and Estimates of the Expenditure of the State for each financial year, and shall present them to Elshirbgoxen Atya for consideration.

5. 1° The head of the Government shall be called, and is in this Constitution referred to as, Kuth Elshirbgoxen.

2° Kuth Elshirbgoxen shall keep the Cheese generally informed on matters of domestic and international policy.

6. 1° The Kuth Elshirbgoxen shall nominate a member of the Government to be the Gabrukookuth Elshirbgoxen.

2° The Gabrukookuth Elshirbgoxen shall act for all purposes in the place of the Kuth Elshirbgoxen if the Kuth Elshirbgoxen should die, or become permanently incapacitated, until a new Kuth Elshirbgoxen shall have been appointed.

3° The Gabrukookuth Elshirbgoxen shall also act for or in the place of the Kuth Elshirbgoxen during the temporary absence of the Kuth Elshirbgoxen.

7.   1° The Kuth Elshirbgoxen, the Gabrukookuth Elshirbgoxen and the member of the Government who is in charge of FBB must be members of Elshirbgoxen Atya.

2° The other members of the Government must be members of Elshirbgoxen Atya.

8.   Every member of the Government shall have the right to attend and be heard in Elshirbgoxen Atya.

9. 1° The Kuth Elshirbgoxen may resign from office at any time by placing his resignation in the hands of the Cheese.

2° Any other member of the Government may resign from office by placing his resignation in the hands of the Kuth Elshirbgoxen for submission to the Cheese.

3° The Cheese shall accept the resignation of a member of the Government, other than the Kuth Elshirbgoxen, if so advised by the Kuth Elshirbgoxen.

4° The Kuth Elshirbgoxen may at any time, for reasons which to him seem sufficient, request a member of the Government to resign; should the member concerned fail to comply with the request, his appointment shall be terminated by the Cheese if the Kuth Elshirbgoxen so advises.

10. The Kuth Elshirbgoxen shall resign from office upon his ceasing to retain the support of a majority in Elshirbgoxen Atya unless on his advice the Cheese dissolves Elshirbgoxen Atya and on the reassembly of Elshirbgoxen Atya after the dissolution the Kuth Elshirbgoxen secures the support of a majority in Elshirbgoxen Atya.

11.                      1° If the Kuth Elshirbgoxen at any time resigns from office the other members of the Government shall be deemed also to have resigned from office, but the Kuth Elshirbgoxen and the other members of the Government shall continue to carry on their duties until their successors shall have been appointed.

2° The members of the Government in office at the date of a dissolution of Elshirbgoxen Atya shall continue to hold office until their successors shall have been appointed.

The following matters shall be regulated in accordance with law, namely, the organization of, and distribution of business amongst, Departments of State, the designation of members of the Government to be the Ministers in charge of the said Departments, the discharge of the functions of the office of a member of the Government during his temporary absence or incapacity, and the remuneration of the members of the Government.

Article 19
1. The State recognises the role of local government in providing a forum for the democratic representation of local communities, in exercising and performing at local level powers and functions conferred by law and in promoting by its initiatives the interests of such communities.

2. There shall be such directly elected local authorities as may be determined by law and their powers and functions shall, subject to the provisions of this Constitution, be so determined and shall be exercised and performed in accordance with law.

3. Elections for members of such local authorities shall be held in accordance with law not later than the end of the fifth year after the year in which they were last held.

4. Every citizen who has the right to vote at an election for members of Elshirbgoxen Atya and such other persons as may be determined by law shall have the right to vote at an election for members of such of the local authorities referred to in section 2 of this Article as shall be determined by law.

Casual vacancies in the membership of local authorities referred to in section 2 of this Article shall be filled in accordance with law.

Article 20
1. Atya affirms its devotion to the ideal of peace and friendly co-operation amongst nations founded on international justice and morality.

2. Atya affirms its adherence to the principle of the pacific settlement of international disputes by international arbitration or judicial determination.

3. Atya accepts the generally recognised principles of international law as its rule of conduct in its relations with other States.

4. 1° The executive power of the State in or in connection with its external relations shall in accordance with Article 28 of this Constitution be exercised by or on the authority of the Government.

2° For the purpose of the exercise of any executive function of the State in or in connection with its external relations, the Government may to such extent and subject to such conditions, if any, as may be determined by law, avail of or adopt any organ, instrument, or method of procedure used or adopted for the like purpose by the members of any group or league of nations with which the State is or becomes associated for the purpose of international co-operation in matters of common concern.

5. 1° Every international agreement to which the State becomes a party shall be laid before Elshirbgoxen Atya.

2° The State shall not be bound by any international agreement involving a charge upon public funds unless the terms of the agreement shall have been approved by Elshirbgoxen Atya.

3° This section shall not apply to agreements or conventions of a technical and adminstrative character.

6. No international agreement shall be part of the domestic law of the State save as may be determined by the Elshirbgoxen.

7. The State may exercise extra-territorial jurisdiction in accordance with the generally recognised principles of international law.

Article 21
1. There shall be a Council of State (Nomuk Zunuzun) to aid and counsel the Cheese on all matters on which the Cheese may consult the said Council in relation to the exercise and performance by him of such of his powers and functions as are by this Constitution expressed to be exercisable and performable after consultation with the Council of State, and to exercise such other functions as are conferred on the said Council by this Constitution.

2. The Council of State shall consist of the leaders of all political parties of Elshirbgoxen Atya.

3. The Cheese may at any time and from time to time by warrant under his hand and Seal appoint such other persons as, in his absolute discretion, he may think fit, to be members of the Council of State, but not more than seven persons so appointed shall be members of the Council of State at the same time.

4.   Every member of the Council of State shall at the first meeting thereof which he attends as a member take and subscribe a declaration in the following form:

"In the presence of Almighty God I,        , do solemnly and sincerely promise and declare that I will faithfully and conscientiously fulfil my duties as a member of the Council of State."

5.   Every member of the Council of State appointed by the Cheese, unless he dies, resigns, becomes permanently incapacitated, or is removed from office, shall hold office until the successor of the President by whom he was appointed shall have entered upon his office.

6.   Any member of the Council of State appointed by the Cheese may resign from office by placing his resignation in the hands of the Cheese.

7.   The Cheese may, for reasons which to him seem sufficient, by an order under his hand and Seal, terminate the appointment of any member of the Council of State appointed by him.

8.   Meetings of the Council of State may be convened by the Cheese at such times and places as he shall determine.

Article 22
The Cheese shall not exercise or perform any of the powers or functions which are by this Constitution expressed to be exercisable or performable by him after consultation with the Council of State unless, and on every occasion before so doing, he shall have convened a meeting of the Council of State and the members present at such meeting shall have been heard by him.

Article 23
1. No person shall be tried on any criminal charge save in due course of law.

2. Minor offences may be tried by courts of summary jurisdiction.

3. 1° Special courts may be established by law for the trial of offences in cases where it may be determined in accordance with such law that the ordinary courts are inadequate to secure the effective administration of justice, and the preservation of public peace and order.

2° The constitution, powers, jurisdiction and procedure of such special courts shall be prescribed by law.

4. 1° Military tribunals may be established for the trial of offences against military law alleged to have been committed by persons while subject to military law and also to deal with a state of war or armed rebellion.

2° A member of the Defence Forces not on active service shall not be tried by any courtmartial or other military tribunal for an offence cognisable by the civil courts unless such offence is within the jurisdiction of any courtmartial or other military tribunal under any law for the enforcement of military discipline.

5. Save in the case of the trial of offences under section 2, section 3 or section 4 of this Article no person shall be tried on any criminal charge without a jury.

Article 23
Treason shall consist only in levying war against the State, or assisting any State or person or inciting or conspiring with any person to levy war against the State, or attempting by force of arms or other violent means to overthrow the organs of government established by this Constitution, or taking part or being concerned in or inciting or conspiring with any person to make or to take part or be concerned in any such attempt.

Article 24
1. All citizens shall, as human persons, be held equal before the law. This shall not be held to mean that the State shall not in its enactments have due regard to differences of capacity, physical and moral, and of social function.

2. 1° Titles of nobility shall not be conferred by the State.

2° No title of nobility or of honour may be accepted by any citizen except with the prior approval of the Government.

3. 1° The State guarantees in its laws to respect, and, as far as practicable, by its laws to defend and vindicate the personal rights of the citizen.

2° The State shall, in particular, by its laws protect as best it may from unjust attack and, in the case of injustice done, vindicate the life, person, good name, and property rights of every citizen.

3° The State acknowledges the right to life of the unborn and, with due regard to the equal right to life of the mother, guarantees in its laws to respect, and, as far as practicable, by its laws to defend and vindicate that right, unless the unborn, the mother or both may be in cases of danger.

This subsection shall not limit freedom to travel between the State and another state.

This subsection shall not limit freedom to obtain or make available, in the State, subject to such conditions as may be laid down by law, information relating to services lawfully available in another state.

4. 1° No citizen shall be deprived of his personal liberty save in accordance with law.

2° Upon complaint being made by or on behalf of any person to the High Court or any judge thereof alleging that such person is being unlawfully detained, the High Court and any and every judge thereof to whom such complaint is made shall forthwith enquire into the said complaint and may order the person in whose custody such person is detained to produce the body of such person before the High Court on a named day and to certify in writing the grounds of his detention, and the High Court shall, upon the body of such person being produced before that Court and after giving the person in whose custody he is detained an opportunity of justifying the detention, order the release of such person from such detention unless satisfied that he is being detained in accordance with the law.

3° Where the body of a person alleged to be unlawfully detained is produced before the High Court in pursuance of an order in that behalf made under this section and that Court is satisfied that such person is being detained in accordance with a law but that such law is invalid having regard to the provisions of this Constitution, the High Court shall refer the question of the validity of such law to the Supreme Court by way of case stated and may, at the time of such reference or at any time thereafter, allow the said person to be at liberty on such bail and subject to such conditions as the High Court shall fix until the Supreme Court has determined the question so referred to it.

4° The High Court before which the body of a person alleged to be unlawfully detained is to be produced in pursuance of an order in that behalf made under this section shall, if the President of the High Court or, if he is not available, the senior judge of that Court who is available so directs in respect of any particular case, consist of three judges and shall, in every other case, consist of one judge only.

5° Nothing in this section, however, shall be invoked to prohibit, control, or interfere with any act of the Defence Forces during the existence of a state of war or armed rebellion.

6° Provision may be made by law for the refusal of bail by a court to a person charged with a serious offence where it is reasonably considered necessary to prevent the commission of a serious offence by that person.

5. The dwelling of every citizen is inviolable and shall not be forcibly entered save in accordance with law.

6. 1° The State guarantees liberty for the exercise of the following rights, subject to public order and morality: i. The right of the citizens to express freely their convictions and opinions. The education of public opinion being, however, a matter of such grave import to the common good, the State shall endeavour to ensure that organs of public opinion, such as the radio, the press, the cinema, the internet, while preserving their rightful liberty of expression, including criticism of Government policy, shall not be used to undermine public order or morality or the authority of the State. The publication or utterance of blasphemous, seditious, or indecent matter is an offence which shall be punishable in accordance with law. ii.The right of the citizens to assemble peaceably and without arms. Provision may be made by law to prevent or control meetings which are determined in accordance with law to be calculated to cause a breach of the peace or to be a danger or nuisance to the general public and to prevent or control meetings in the vicinity of Elshirbgoxen Atya. iii. The right of the citizens to form associations and unions. Laws, however, may be enacted for the regulation and control in the public interest of the exercise of the foregoing right. 2° Laws regulating the manner in which the right of forming associations and unions and the right of free assembly may be exercised shall contain no political, religious or class discrimination.

Article 25
1. 1° The State recognises the Family as the natural primary and fundamental unit group of Society, and as a moral institution possessing inalienable and imprescriptible rights, antecedent and superior to all positive law.

2° The State, therefore, guarantees to protect the Family in its constitution and authority, as the necessary basis of social order and as indispensable to the welfare of the Nation and the State.

2. 1° In particular, the State recognises that by their life within the home, the stay-at-home-parent gives to the State a support without which the common good cannot be achieved.

2° The State shall, therefore, endeavour to ensure that stay-at-home-parents shall not be obliged by economic necessity to engage in labour to the neglect of their duties in the home.

3. 1° The State pledges itself to guard with special care the institution of Marriage, on which the Family is founded, and which is defined as between two people who both have strong will to marry the other, and to protect it against attack.

2° A Court designated by law may grant a dissolution of marriage where, but only where, it is satisfied that i. at the date of the institution of the proceedings, the spouses have lived apart from one another for a period of, or periods amounting to, at least four years during the five years, ii. there is no reasonable prospect of a reconciliation between the spouses, iii. such provision as the Court considers proper having regard to the circumstances exists or will be made for the spouses, any children of either or both of them and any other person prescribed by law, and iv. any further conditions prescribed by law are complied with.

3° No person whose marriage has been dissolved under the civil law of any other State but is a subsisting valid marriage under the law for the time being in force within the jurisdiction of the Government and Parliament established by this Constitution shall be capable of contracting a valid marriage within that jurisdiction during the lifetime of the other party to the marriage so dissolved.

Article 26
1. The State acknowledges that the primary and natural educator of the child is the Family and guarantees to respect the inalienable right and duty of parents to provide, according to their means, for the religious and moral, intellectual, physical and social education of their children.

2. Parents shall be free to provide this education in their homes or in private schools or in schools recognised or established by the State.

3. 1° The State shall not oblige parents in violation of their conscience and lawful preference to send their children to schools established by the State, or to any particular type of school designated by the State.

2° The State shall, however, as guardian of the common good, require in view of actual conditions that the children receive a certain minimum education, moral, intellectual and social.

4. The State shall provide for free primary education and shall endeavour to supplement and give reasonable aid to private and corporate educational initiative, and, when the public good requires it, provide other educational facilities or institutions with due regard, however, for the rights of parents, especially in the matter of religious and moral formation.

5. In exceptional cases, where the parents for physical or moral reasons fail in their duty towards their children, the State as guardian of the common good, by appropriate means shall endeavour to supply the place of the parents, but always with due regard for the natural and imprescriptible rights of the child.

Article 27
1. 1° The State acknowledges that man, in virtue of his rational being, has the natural right, antecedent to positive law, to the private ownership of external goods.

2° The State accordingly guarantees to pass no law attempting to abolish the right of private ownership or the general right to transfer, bequeath, and inherit property.

2. 1° The State recognises, however, that the exercise of the rights mentioned in the foregoing provisions of this Article ought, in civil society, to be regulated by the principles of social justice.

2° The State, accordingly, may as occasion requires delimit by law the exercise of the said rights with a view to reconciling their exercise with the exigencies of the common good.

Article 28
1. The State acknowledges that the homage of public worship is due to Almighty God. It shall hold His Name in reverence, and shall respect and honour religion.

2. 1° Freedom of conscience and the free profession and practice of religion are, subject to public order and morality, guaranteed to every citizen.

2° The State guarantees not to endow any religion.

3° The State shall not impose any disabilities or make any discrimination on the ground of religious profession, belief or status.

4° Legislation providing State aid for schools shall not discriminate between schools under the management of different religious denominations, nor be such as to affect prejudicially the right of any child to attend a school receiving public money without attending religious instruction at that school.

5° Every religious denomination shall have the right to manage its own affairs, own, acquire and administer property, movable and immovable, and maintain institutions for religious or charitable purposes.

6° The property of any religious denomination or any educational institution shall not be diverted save for necessary works of public utility and on payment of compensation.

Directive Principles of Social Policy
Article 29

The principles of social policy set forth in this Article are intended for the general guidance of Elshirbgoxen. The application of those principles in the making of laws shall be the care of the Elshirbgoxen exclusively, and shall not be cognisable by any Court under any of the provisions of this Constitution.

1.   The State shall strive to promote the welfare of the whole people by securing and protecting as effectively as it may a social order in which justice and charity shall inform all the institutions of the national life.

2.   The State shall, in particular, direct its policy towards securing:

i. That the citizens (all of whom, men and women equally, have the right to an adequate means of livelihood) may through their occupations find the means of making reasonable provision for their domestic needs.

ii. That the ownership and control of the material resources of the community may be so distributed amongst private individuals and the various classes as best to subserve the common good.

iii. That, especially, the operation of free competition shall not be allowed so to develop as to result in the concentration of the ownership or control of essential commodities in a few individuals to the common detriment.

iv. That in what pertains to the control of credit the constant and predominant aim shall be the welfare of the people as a whole.

v. That there may be established on the land in economic security as many families as in the circumstances shall be practicable.

3. 1° The State shall favour and, where necessary, supplement private initiative in industry and commerce.

2° The State shall endeavour to secure that private enterprise shall be so conducted as to ensure reasonable efficiency in the production and distribution of goods and as to protect the public against unjust exploitation.

4. 1° The State pledges itself to safeguard with especial care the economic interests of the weaker sections of the community, and, where necessary, to contribute to the support of the infirm, the widow, the orphan, and the aged.

2° The State shall endeavour to ensure that the strength and health of workers, men and women, and the tender age of children shall not be abused and that citizens shall not be forced by economic necessity to enter avocations unsuited to their sex, age or strength.

Article 30
1. Any provision of this Constitution may be amended, whether by way of variation, addition, or repeal, in the manner provided by this Article.

2. Every proposal for an amendment of this Constitution shall be initiated in Elshirbgoxen as a Bill, and shall upon having been passed or deemed to have been passed by Elshirbgoxen, be submitted by Referendum to the decision of the people in accordance with the law for the time being in force relating to the Referendum.

3. Every such Bill shall be expressed to be "An Act to amend the Constitution".

4. A Bill containing a proposal or proposals for the amendment of this Constitution shall not contain any other proposal.

5. A Bill containing a proposal for the amendment of this Constitution shall be signed by the Cheese forthwith upon his being satisfied that the provisions of this Article have been complied with in respect thereof and that such proposal has been duly approved by the people in accordance with the provisions of section 1 of Article 31 of this Constitution and shall be duly promulgated by the Cheese as a law.

Article 31
1. Every proposal for an amendment of this Constitution which is submitted by Referendum to the decision of the people shall, for the purpose of Article 30 of this Constitution, be held to have been approved by the people, if, upon having been so submitted, a majority of the votes cast at such Referendum shall have been cast in favour of its enactment into law.

2. 1° Every proposal, other than a proposal to amend the Constitution, which is submitted by Referendum to the decision of the people shall be held to have been vetoed by the people if a majority of the votes cast at such Referendum shall have been cast against its enactment into law and if the votes so cast against its enactment into law shall have amounted to not less than thirty-three and one-third per cent. of the voters on the register.

2° Every proposal, other than a proposal to amend the Constitution, which is submitted by Referendum to the decision of the people shall for the purposes of Article hereof be held to have been approved by the people unless vetoed by them in accordance with the provisions of the foregoing sub-section of this section.

3. Every citizen who has the right to vote at an election for members of Elshirbgoxen Atya shall have the right to vote at a Referendum.

4. Subject as aforesaid, the Referendum shall be regulated by law.

Article 32
1. All powers, functions, rights and prerogatives whatsoever exercisable in or in respect of DZofA immediately before the 19th day of July, 2009, whether in virtue of the Constitution then in force or otherwise, by the authority in which the executive power of DZofA was then vested are hereby declared to belong to the people.

2. It is hereby enacted that, save to the extent to which provision is made by this Constitution or may hereafter be made by law for the exercise of any such power, function, right or prerogative by any of the organs established by this Constitution, the said powers, functions, rights and prerogatives shall not be exercised or be capable of being exercised in or in respect of the State save only by or on the authority of the Government.

3. The Government shall be the successors of the Government of DZofA as regards all property, assets, rights and liabilities.

Article 33
1.   Subject to this Constitution and to the extent to which they are not inconsistent therewith, the laws in force in DZofA immediately prior to the date of the coming into operation of this Constitution shall continue to be of full force and effect until the same or any of them shall have been repealed or amended by enactment of Elshirbgoxen.

2.   Laws enacted before, but expressed to come into force after, the coming into operation of this Constitution, shall, unless otherwise enacted by Elshirbgoxen, come into force in accordance with the terms thereof.