From Acw

Current revision as of 04:28, 17 December 2007

Creation of UM Constitution

With the merging of GDL Mars and Russian Mars, the new nation of United Mars required an entirely new constitution. This proved difficult to formulate as the differing ideologies of the two nations made for heated debate. It was two bureaucrats, Wolfgang Bauer, a personal aide to Governor Udo Koch, and Dmitry Tarasov, a political officer on the former USSR dropship Maxim Gorky who managed to hammer out something that would acceptable to both sides. Thus the UM consitution is also referred to as the Bauer Tarasov Agreement.

Author's Note: This constitution is still under development and may still undergo slight alteration in the future.

United Mars Constitution

CHAPTER I

THE ORGANIZATION OF UNITED MARS SOCIETY

• ARTICLE 1. There is nothing greater than the state
• ARTICLE 2. In United Mars all power belongs to the state, as represented by the Supreme Mars Council and personified by the Supreme Caesar.
• ARTICLE 3. Ownership of property is at the discretion of the state. Individuals may maintain individual ownership of goods and property acquired through personal labour unless it is in direct opposition to the ideals of the state
• ARTICLE 4. The land, its natural deposits, waters, forests, mills, factories, mines, rail, water and air transport, banks, post, telegraph and telephones, large state-organized agricultural enterprises (state farms, machine and tractor stations and the like) as well as municipal enterprises, are state property.
• ARTICLE 5. The right of citizens to personal ownership of their incomes from work and of their savings, of their dwelling houses and subsidiary household economy, their household furniture and utensils and articles of personal use and convenience, as well as the right of inheritance of personal property of citizens, is protected by law.
• ARTICLE 6. The economic life of United Mars is determined and directed by the state national economic plan with the aim of increasing the public wealth, of steadily improving the material conditions of the people and raising their cultural level, of consolidating the independence of United Mars. and strengthening its defensive capacity.
• ARTICLE 7. In United Mars work is a duty and a matter of honour for every able-bodied citizen.

CHAPTER II

THE ORGANIZATION OF UNITED MARS

• ARTICLE 8. United Mars is a federal state, formed on the basis of the association of Soviet and German Republics having equal rights, namely:
  • Mars Zentral
  • Mars Landwirtschaftlich Staat
  • Neu Hessen
  • Krasnyjj Zapad
  • Bol'shie Peski
  • Severnaja Martian Respublika
  • Zona Granici Pustyni
• ARTICLE 9. The jurisdiction of the United Mars Republics, as represented by its highest organs of state authority and organs of government, covers:
  • a.Control over the observance of the Constitution of United Mars and ensuring conformity of the Constitutions of the Republics with the Constitution of United Mars
  • b.Confirmation of the formation of new territories and regions and also of new Autonomous Republics within Union Republics;
  • c.Organization of the defence of that Union Republic and direction of all the armed forces within its territory
  • d.Foreign trade of goods generated by that Union Republic
  • e.Safeguarding the security of the state;
  • f.Levying of taxes and revenues which go to the all-Union, Republican and local budgets;
  • g.Administration of the banks, industrial and agricultural establishments and enterprises and trading enterprises of state importance;
  • h.Administration of transport and, communications;
  • i.Direction of the monetary and credit system;
  • j.Organization of state insurance;
  • k.Establishment of the basic principles for the use of land as well as for the use of natural deposits, forests and waters within its territorial jurisdiction;
  • l.Establishment of the basic principles in the spheres of education and public health; ;
  • m.Legislation on the judicial system and judicial procedure; criminal and civil codes;
• ARTICLE 10. The sovereignty of the Union Republics is limited only within the provisions set forth in Article 9 of the Constitution of United Mars. Outside of these provisions, each Union Republic exercises state authority independently
• ARTICLE 11. Each Union Republic has its own Constitution, which takes account of the specific features of the Republic and is drawn up in full conformity with the Constitution of United Mars and with the approval of the United Mars Council
• ARTICLE 12. The laws of United Mars have the same force within the territory of every Union Republic.
• ARTICLE 13. In the event of a discrepancy between a law of a Union Republic and an all-Union law, the all-Union law prevails.
• ARTICLE 14. A single Union citizenship is established for all citizens of United Mars

Every citizen of a Union Republic is a citizen of United Mars

CHAPTER III

THE HIGHEST ORGANS OF STATE AUTHORITY OF UNITED MARS

• ARTICLE 15. The highest organ of state authority of United Mars is the United Mars Council and its head, the Supreme Caesar.
• ARTICLE 16. The United Mars Council shall be able to overrule all rights vested in the Union United Mars Republics in accordance with Article 9 of the Constitution in cases where the welfare and interests of the state are concerned
• ARTICLE 17. The legislative power of United Mars is exercised exclusively by the United Mars Council and its head, the Supreme Caesar
• ARTICLE 18. The Supreme Mars Council consists of five positions
  • Supreme Caesar
  • Vice-Caesar
  • Governor of United Mars Solar Territories
  • Admiral of the Extra-Solar Fleet
  • Field Marshal of the Extra-Solar Army
• ARTICLE 19. Appointment to the United Mars Council is by election, where those with casting votes consist of the United Mars Council Members and Union Republic Council Members. In the case of deadlock, the Supreme Caesar shall have the final casting vote
• ARTICLE 20. Members of the United Mars Council shall hold their position until they choose to vacate or at the discretion of the Supreme Caesar.
• ARTICLE 21. All positions on the United Mars Council have equal rights.
• ARTICLE 22. All members of the United Mars Council have the right to initiate legislation.
• ARTICLE 23. A law is considered adopted if passed by a simple majority vote
• ARTICLE 24. Laws passed by the United Mars Council are published in the languages of the Union Republics over the signatures of all members of the United Mars Council
• ARTICLE 25. Sessions of the United Mars Council are convened by the Supreme Caesar of United Mars twice a year.

Special sessions are convened by the Supreme Caesar of United Mars at their discretion or on the demand of one of the Union Republics.

• ARTICLE 26. The United Mars Council elects the Supreme Caesar of United Mars. In the case of a deadlock, voting rights shall be passed to all members of the Union Councils of the United Mars Republics.
• ARTICLE 27. Supreme Caesar of United Mars
  • a.Convenes the sessions of the United Mars Council
  • b.Interprets laws of United Mars in operation, issues decrees;
  • c.Conducts referendums on its own initiative or on the demand of one of the Union Republics;
  • d.Awards decorations and confers titles of honour of United Mars.;
  • e.Exercises the right of pardon;
  • f.In the intervals between sessions of the Supreme Mars Council proclaims a state of war in the event of armed attack on United mars or whenever necessary to fulfil international treaty obligations concerning mutual defence against aggression
  • g.Ratifies international treaties
• ARTICLE 28. Vice Caesar of United Mars
  • a.Shall assume the duties of the Supreme Caesar should they be unable to perform their duties;
  • b.Appoints and recalls plenipotentiary representatives of United Mars to foreign states;
  • c.Receives the credentials and letters of recall of diplomatic representatives accredited to it by foreign states;
  • d.Shall be the first point of contact in relations with all foreign leaders and diplomats;
  • e.Responsible for all United Mars colonies and territories outside of Sol System;
  • f.May appoint planetary governors and union councils of territories falling outside the Sol System
• ARTICLE 29. Governor of United Mars Solar Territories
  • a.Annuls decisions and orders of the Solar based Union Republic Councils in cases where they do not conform to law;
  • b.Is directly responsible for administration of Union Republic Councils based in Sol system. In cases of dispute, shall act as final arbiter;
  • c.Shall act as commander-in-chief for all homeland military and security forces both land and space-borne;
  • d.Orders general or partial mobilisation of all homeland military forces;
  • e.Responsible for administration of all state agricultural, scientific and industrial production.;
  • f.Undertake any action necessary to ensure the public order and state security with the United Mars Solar Territories
• ARTICLE 29. Admiral of Extra-Solar Fleet
  • a.Act as supreme commander for all United Mars space-based military assets not assigned to permanent defence of United Mars Solar territories;
  • b.Undertake space-based acts of aggression against opposing nations during state of war ;
  • c.Responsible for appointment of ranking officers within space-based military
• ARTICLE 30. Field Marshall of Extra-Solar Army
  • a.Act as supreme commander for all United Mars terrestrial-based military assets not assigned to permanent defence of United Mars Solar territories;
  • b.Undertake terrestrial-based acts of aggression against opposing nations during state of war;
  • c.Responsible for appointment of ranking officers within terrestrial-based military
• ARTICLE 31. The United Mars Council., when it deems necessary, appoints commissions of inquiry and investigation on any matter.

It is the duty of all institutions and public servants to comply with the demands of these commissions and to submit to them the necessary materials and documents.

• ARTICLE 32. A member of the United Mars Council may not be prosecuted or arrested without the consent of the Supreme Caesar.
• ARTICLE 33. The United Mars Council may overturn any article of the United Mars constitution where is it in the interests of the state to do so.

CHAPTER IV

THE HIGHEST ORGANS OF STATE AUTHORITY OF THE UNION REPUBLICS

• ARTICLE 34. The highest organ of state authority of a Union Republic is the Supreme Council of the Union Republic.
• ARTICLE 35. The Supreme Council of a Union Republic is appointed by the United Mars Council and shall not be altered or replaced except in the case of mortality or at the discretion of the United Mars Council
• ARTICLE 36. The Supreme Council of a Union Republic is the sole legislative organ of that Republic.
• ARTICLE 37. The Supreme Council of a Union Republic:
  • a.Adopts the Constitution of the Republic and amends it in conformity with Article 11 of the Constitution of United Mars;
  • b.Approves the budget of the Republic;
  • c.Exercises the right of amnesty and pardon of citizens sentenced by the judicial organs of the Union Republic.
• ARTICLE 38. The Supreme Council of a Union Republic elects a Governor and Vice-Governor to conduct its sittings, in cases where the Vice-Caesar of United Mars has waived the right of appointment.
• ARTICLE 39. The Supreme Council of a Union Republic appoints the Government of the Union Republic

CHAPTER V

THE ORGANS OF GOVERNMENT OF UNITED MARS

• ARTICLE 40. The highest executive and administrative organ of state authority of the United Mars is the Council of Ministers of United Mars
• ARTICLE 41. The Council of Ministers of United Mars is responsible to the United Mars Council and accountable to it; and in the intervals between sessions of the United Mars Council it is responsible and accountable to the Supreme Caesar of United Mars
• ARTICLE 42. The Council of Ministers of United Mars issues decisions and orders on the basis and in pursuance of the laws in operation, and supervises their execution.
• ARTICLE 43. Decisions and Orders of the Council of Ministers of United Mars are binding throughout the territory of United Mars
• ARTICLE 44. The Council of Ministers of United Mars:
  • a.Coordinates and directs the work of all institutions, economic and cultural, under its administration;
  • b.Adopts measures to carry out the national economic plan and the state budget, and to strengthen the credit and monetary system;
  • c.Adopts measures for the maintenance of public order, for the protection of the interests of the state, and for the safeguarding of the rights of citizens;
  • d.Exercises general guidance in respect of relations with foreign states;
  • e.Fixes the annual contingent of citizens to be called up for military service and directs the general organization and development of the armed forces of the country
• ARTICLE 45. The Council of Ministers of United Mars has the right, in respect of those branches of administration and economy which come within the jurisdiction of United Mars, to suspend decisions and orders of the Council of Ministers of the Union Republics
• ARTICLE 46. The Council of Ministers of United Mars is appointed by the United Mars Council and consists of:
  • The Governor of the Council of Ministers of United Mars;
  • The Vice-Governor of the Council of Ministers of United Mars;
  • The Chairman of the State Planning Commission of United Mars;
  • The Chairman of the Committee on Arts;
  • The Chairman of the Committee on Higher Education;
  • The Chairman of the Committee Defence
  • The Chairman of the Committee Foreign Trade
  • The Chairman of the Committee on Transport
  • The Chairman of the Committee on Industry
  • The Chairman of the Committee on Agriculture
  • The Chairman of the Committee on State Security
  • The Chairman of the Committee on Public Health
• ARTICLE 47. The Council of Ministers of United Mars direct the branches of state administration which come within the jurisdiction of United Mars
• ARTICLE 48. The Council of Ministers of United Mars issue, within the limits of their jurisdiction, orders and instructions on the basis and in pursuance of the laws in operation, and supervise their execution, either directly or through bodies appointed by them.

CHAPTER VI

THE ORGANS OF GOVERNMENT OF THE UNION REPUBLICS

• ARTICLE 49. The highest executive and administrative organ of state authority of a Union Republic is the Council of Ministers of the Union Republic.
• ARTICLE 50. The Council of Ministers of a Union Republic is responsible to the Supreme Council of the Union Republic and accountable to it; and in the intervals between sessions of the Supreme Council of the Union Republic it is responsible and accountable to the Governor of the Supreme Council of the respective Union Republic.
• ARTICLE 51. The Council of Ministers of a Union Republic issues decisions and orders on the basis and in pursuance of the laws in operation, and supervises their execution within the Union Republic under its jurisdiction.
• ARTICLE 52. Decisions and Orders of the Council of Ministers of a Union Republic are binding throughout the territory of that Union Republic
• ARTICLE 53. The Council of Ministers of a Union Republic is appointed by the Supreme Council of the Union Republic and consists of:
  • The Chairman of the Council of Ministers of the Union Republic;
  • The Vice-Chairmen;
  • The Chairman of the State Planning Commission;
  • The Chairman of the Committee on Arts;
  • The Chairman of the Committee on Higher Education;
  • The Chairman of the Committee Defence
  • The Chairman of the Committee Foreign Trade
  • The Chairman of the Committee on Transport
  • The Chairman of the Committee on Industry
  • The Chairman of the Committee on Agriculture
  • The Chairman of the Committee on State Security
  • The Chairman of the Committee on Public Health
• ARTICLE 54. The Council of Ministers of a Union Republic direct the branches of state administration which come under the jurisdiction of the Union Republic.
• ARTICLE 55. The Council of Ministers of a Union Republic issue, within the limits of their jurisdiction, orders and instructions on the basis and in pursuance of the laws in operation, and supervise their execution, either directly or through bodies appointed by them.

CHAPTER VII

THE LOCAL ORGANS OF STATE AUTHORITY

• ARTICLE 56. The organs of state authority in territories, regions, areas, districts, cities and rural localities are the Local Administrators.
• ARTICLE 57. The Local Administrators of territories, regions, areas, districts, cities and rural localities are appointed by the Council of Ministers of the Union Republic within which the territory, region, area, district, city or rural localities lies.
• ARTICLE 58. The basis of representation for Local Administrators is defined by the Constitutions of the Union Republics.
• ARTICLE 59. The Local Administrators direct the work of the organs of administration subordinate to them, ensure the maintenance of public order, the observance of the laws and the protection of the rights of citizens, direct local economic and cultural organization and development and draw up the local budgets.
• ARTICLE 60. The Local Administrators Deputies adopt decisions and issue orders within the limits of the powers vested in them by the laws of United Mars and of the relevant Union Republic.
• ARTICLE 61. The executive and administrative organs of the Local Administrators of territories, regions, autonomous' regions, areas, districts, cities and rural localities are the Executive Committees elected by them, consisting of a Chairman, Vice-Chairmen, a Secretary and members.
• ARTICLE 62. The executive and administrative organ of rural Local Administrators in small localities, in accordance with the Constitutions of the Union Republics, is the Chairman, the Vice-Chairman, and the Secretary elected by them.

CHAPTER VIII

THE COURTS

• ARTICLE 63. In United Mars, justice is administered by the Supreme Court of United Mars, the Supreme Courts of the Union Republics, the Territorial and the Regional courts, the Area courts, the special courts of United Mars established by decision of the United Mars Council, and the People's Courts.
• ARTICLE 64. In all courts cases are tried with the participation of people's assessors, except in cases specially provided for by law.
• ARTICLE 65. The Supreme Caesar of United Mars is the highest judicial organ. The Supreme Court of United Mars is charged with the day to day supervision of the judicial activities of all the judicial organs of United Mars and of the Union Republics.
• ARTICLE 66. The Supreme Court of United Mars and the special courts of United Mars are elected by the United Mars Council for a term of five years.
• ARTICLE 67. The Supreme Courts of the Union Republics are elected by the Supreme Council of the Union Republics for a term of five years.
• ARTICLE 68. The Territorial and the Regional courts, the courts of the Autonomous Regions and the Area courts are elected by the Territorial, Regional or Area Council’s for a term of five years.
• ARTICLE 69. People's Courts are elected by the citizens of the district on the basis of universal, direct and equal suffrage by secret ballot for a term of three years.
• ARTICLE 70. Judicial proceedings are conducted in the language of the Union Republic, persons not knowing this language being guaranteed every opportunity of fully acquainting themselves with the material of the case through an interpreter and likewise the right to use their own language in court.
• ARTICLE 71. In all courts of United Mars cases are heard in public and the accused is guaranteed the right to be defended by Counsel, unless the Supreme Mars Council or the Supreme Caesar chooses to nullify this right.
• ARTICLE 72. Judges are independent and subject only to the law.

CHAPTER IX

FUNDAMENTAL RIGHTS AND DUTIES OF CITIZENS

• ARTICLE 73. Citizens of United Mars have the right to work, that is, are guaranteed the right to employment and payment for their work in accordance with its quantity and quality.
• ARTICLE 74. Citizens of United Mars have the right to rest and leisure. The right to rest and leisure is ensured by the reduction of the working day to nine hours for the overwhelming majority of the individuals and the institution of annual vacations with full pay for employees.
• ARTICLE 75. Citizens of United Mars have the right to education. This right is ensured by universal, compulsory elementary education; by education, including higher education, being free of charge; by the system of state stipends for the overwhelming majority of students in the universities and colleges and by instruction in schools being conducted in the native language.
• ARTICLE 76. Women in United Mars are accorded equal rights with men in all spheres of economic, state, cultural, social and political life. The possibility of exercising these rights is ensured to women by granting them an equal right with men to work, payment for work, rest and leisure, social insurance and education, and by state protection of the interests of mother and child, prematernity and maternity leave with full pay, and the provision of a wide network of maternity homes, nurseries and kindergartens.
• ARTICLE 77. In order to ensure to citizens freedom of conscience, the church in United Mars is separated from the state, and the school from the church.
• ARTICLE 78. In conformity with the interests of the people, the citizens of United Mars are guaranteed by law:
  • a.freedom of speech;
  • b.freedom of the press;
  • c.freedom of assembly, including the holding of mass meetings;
  • d.freedom of street processions and demonstrations.

These civil rights are ensured by placing at the disposal of individuals and their organizations printing presses, stocks of paper, public buildings, the streets, communications facilities and other material requisites for the exercise of these rights.

• ARTICLE 79. United Mars affords the right of asylum to foreign citizens at its discretion.
• ARTICLE 80. It is the duty of every citizen of United Mars to abide by the Constitution of United Mars, to observe the laws, to maintain discipline and to honestly to perform public duties
• ARTICLE 81. It is the duty of every citizen of United Mars to safeguard and strengthen public property as the sacred and inviolable foundation of the state, as the source of the wealth and might, as the source of the prosperous and cultured life of all the people.

Persons committing offences against public property are enemies of the people.

• ARTICLE 82. All citizens shall undertake military service but with exemption at the discretion of the United Mars Council or the specific Union Republic Council
• ARTICLE 83. To defend the state is the sacred duty of every citizen of United Mars. Treason to the country--violation of the oath of allegiance, desertion to the enemy, impairing the military power of the state, espionage is punishable with all the severity of the law as the most heinous of crimes.

CHAPTER X

ARMS, FLAG, CAPITAL

• ARTICLE 84. The arms of United Mars consist of red cloth with the straight-armed Balkenkreuz depicted in the centre flanked by the sickle on the left and the hammer on the right. The sickle and hammer are both depicted in gold. The ratio of the width to the length is 1: 2.
• ARTICLE 85. The capital of United Mars is the City of New Berlin

CHAPTER XI

PROCEDURE FOR AMENDING THE CONSTITUTION

• ARTICLE 86. The Constitution of United Mars may be amended only by decision of the United Mars Council.