Constitution of the Hokorian State

Article 1- The Nation

Section 1- Establishment and national sovereignty

1. The Hokorian State is hereby established as a successor to the previous Hokorian states, as defined by law.
2. National sovereignty shall belong to the Hokorian people, from where all powers of the state emerge.
3. The official language of the Hokorian State shall be the English language.

Section 2- Territory and boundaries

1. The Koru may establish, amend and dissolve Provinces of the Hokorian State through issuing a Constitutional order.
2. The territory within the defined Provinces of the Hokorian State shall be considered to be the sovereign territory of the Hokorian State.
3. The Koru may specify a capital, or ceremonial capital, through issuing a Constitutional order.

Section 3- Nationality

1. A person belonging to the Hokorian State shall be considered to be a Hokorian national.
2. A child shall acquire Hokorian nationality through being born within the territory of the Hokorian State, and being born to a parent with Hokorian nationality, subject to restrictions defined by law.
3. A person may acquire Hokorian nationality through other means, as defined by law.
4. A Hokorian national may renounce their Hokorian nationality through giving notice to the Koru, which the Koru shall accept.
5. No person shall be released of their Hokorian nationality without a reason defined by law, and shall only be released of their Hokorian nationality where they are in possession of or will be granted the nationality of another state.
6. Hokorian nationality shall be granted and released by the Koru.

Section 4- Flag

1. The flag of the Hokorian State shall be sized at a ratio of 3:2. The leftmost third of the flag shall consist of a navy blue column. The navy blue column shall contain one white symmetrical star with four points, centred in the navy blue column, with four white symmetrical stars with four points at half the size of the centred star being arranged to between each point of the centred star. To the top and bottom of the centred star shall be two white symmetrical stars with four points at half the size of the centred star, at the same distance from the centred star as the four stars surrounding it. The two thirds to the right of the flag shall consist of thirteen stripes of equal size, alternating between navy blue and white, whilst starting with and ending with navy blue. The stripes shall be at an angle of 57.8 degrees clockwise.

Article 2- The Rights

Section 1- Equality

1. Every person shall be equal before the law.
2. No person shall be discriminated against on the basis of their race, origin, language, religion, opinion, disability, sexuality, asexuality, sex, gender reassignment, disability or age.
3. Every child shall be treated equally, as individuals and shall have the right to influence decisions pertaining to them, to a degree that corresponds with their level of development.

Section 2- Life, humanity and integrity

1. Every person shall have the right to life, personal liberty, integrity and security of person.
2. No person shall be sentenced to death, tortured, subjected to inhumane, or degrading treatment or punishment; nor shall anyone be subjected to slavery or servitude.
3. No person shall be deprived of, or have their integrity attacked.
4. No person shall be deprived of their personal liberty.
5. Every person shall have the right to recognition everywhere as a person before the law.

Section 3- Movement

1. No Hokorian national shall be hindered from entering the Hokorian State without a reason deemed acceptable through law.
2. Hokorian nationals and foreign nationals legally present in the Hokorian State shall have the right to move freely within the Hokorian State and to choose their place of residence.
3. No person shall be hindered from leaving the Hokorian State without a reason deemed acceptable through law.
4. The entry of foreign nationals to the Hokorian State may be restricted through law.
5. No person shall be deported, extradited or returned to another country, if in consequence they may be in danger of a death sentence, torture or other treatment violating human dignity.

Section 4- Privacy

1. Every person shall have the right to respect for their private and family life, their home and their correspondence.
2. Every person shall have the right to secrecy of their correspondence and other confidential communications.
3. No person shall have the sanctity of their home or the secrecy of their correspondence and other confidential communications violated without a reason deemed acceptable through law.

Section 5- Expression and assembly

1. Every person shall have the right to have, express and to change their opinion.
2. Every Hokorian national shall have the right to arrange and participate in peaceful assemblies without authorisation.
3. No Hokorian national shall be prevented from arranging or participating in a peaceful assembly without authorisation.
4. Every Hokorian national shall have the right to form an association and union of association without authorisation, to be a member of an association or union of association, to not be in an association or union of association and to participate in the activities of an association or union of association.

Section 6- Religion and belief

1. Every person shall have the right to freedom of thought, conscience and religion alone or in community with others.
2. No person shall be compelled to belong to a religious community, or be compelled not to belong to a religious community.
3. Every person shall have the right to change their religion and beliefs, either alone or in community with others.

Section 7- Information

1. Every person shall have the right to access information, opinions and other communications without hindrance.
2. No person shall be prevented from accessing information, opinions and other communications without a reason deemed acceptable through law.
3. Every person shall have the right to access documents and recordings written by and in the possession of the authorities.
4. No person shall be prevented from accessing documents and recordings written by and in the possession of the authorities without a reason deemed acceptable through law.

Section 8- Property

1. Every person shall have the right to own property.
2. No person shall have their property taken away from them without a reason deemed acceptable through law.
3. Every person shall have the right to protect their own property against damage, using reasonable means.

Section 9- Commercial engagement

1. Every person shall have the right to earn their livelihood through employment, occupation and commercial activity of their choice.
2. The authorities shall take responsibility for the workforce of the Hokorian State, as specified further through law.
3. No person shall be prevented from earning their livelihood without an acceptable reason, as specified further through law.
4. No person shall be dismissed from employment without an acceptable reason, as specified further through law.

Section 10- Health and resources

1. Every person shall have the right to have food, water and shelter.
2. Every person shall have the right to live a healthy lifestyle and have access to healthcare services.
3. No person shall be prevented from accessing healthcare services.
4. Every person shall have the right to enjoy a healthy and clean environment that sustains growth and does not compromise a healthy lifestyle.

Section 11- Education

1. Every person shall have the right to basic education, free of charge as specified further through law.
2. Every person shall have the right to freely access educational materials as specified further through law.
3. No person shall be prevented from having an education.

Section 12- Justice

1. No person shall be subjected to arbitrary arrest, detention or exile.
2. Every person shall be entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of their rights and obligations and of any criminal charge against them.
3. No person shall be found guilty of an offence, or subjected to punishment, on the basis of a deed that was not determined punishable by law at the time of its commission.
4. No person shall face a punishment on the basis of a deed that was more severe than that provided by law at the time of its commission.
5. Every person charged with committing a deed shall be considered innocent until they are proven guilty, in the eyes of the law.

Article 3- The Koru

Section 1- The Koru

1. The Koru is the sovereign institution of the head of state, the embodiment of the same, and the moderator of its functions and organs. It is vested in a single Koru who bears royal dignity.
2. The Koru assumes the highest representative capacity of the Hokorian State in international relations.
3. The Koru shall bear the title of Koru of the Hokorian State.

Section 2- Service and succession

1. The Koru serves until their demise or abdication.
2. Upon death or abdication, the Koru shall be acceded by a Hokorian national elected unanimously by the Constitutional Council.
3. The Koru is considered incapacitated at their own volition or by a supermajority vote of two thirds of the Constitutional Council.

Section 3- Regency

1. If the Koru lies vacant, the Constitutional Council acts as a regency council, assuming all constitutional duties in plenary until a Koru is selected.
2. Where the Constitutional Council is functioning as a regency council, the Constitutional Councillors shall collectively assume the powers of the Koru, with the exception of giving assent to Acts that alter any service, succession and regency law related to the Koru and the Constitutional Council.
3. Upon the Koru declaring themselves as no longer incapacitated, or upon the Constitutional Council declaring the Koru as no longer incapacitated, the Constitutional Council shall cease functioning as a regency council.
4. Upon a Koru being elected by the Constitutional Council where there was the absence of a Koru, the Constitutional Council shall cease functioning as a regency council.
5. Where the Constitutional Council has ceased functioning as a regency council, the Constitutional Councillors shall have the powers of the Koru withdrawn from them.
6. Where a dispute arises between the Constitutional Council and the Koru, a vote shall be held within the Legislative Council to resolve the dispute.

Section 4- Constitutional orders

1. The Koru may issue a Constitutional order that supersedes law and is binding to their Government and Assembly.
2. A Constitutional order shall be repealed upon direction by the Koru and a passed Order of the Constitutional Council.

Section 5- Assent

1. Upon a Bill being presented to the Koru by the Legislative Council or the Constitutional Council, the Koru may give assent and it shall be enacted thereafter.
2. Enactment may be as law, as an amendment or as repealment, as specified in the Bill.

Article 4- The Koru’s Residence

Section 1- Establishment of the Koru’s Residence

1. The Koru’s Residence shall be a Constitutional Organ of the Hokorian State.
2. The Residence shall be the formal residential location in which the Koru occupies on a permanent basis, as declared by the Koru to the Constitutional Council.

Section 2- Their Majesty’s Office

1. Their Majesty’s Office shall be the formal executive office of the Koru and their Staff.
2. The Koru may form and dissolve positions in Their Majesty’s Office, appoint and dismiss Hokorian nationals to positions within Their Majesty’s Office and may form and dissolve sub-bodies of Their Majesty’s Office.

Section 3- Their Majesty’s Cabinet

1. Their Majesty’s Cabinet shall be the formal body of the Koru, their Cabinet and their Board.
2. The Cabinet shall consist of the Koru, their Prime Minister, their Cabinet Ministers and their other Cabinet appointees, as appointed and dismissed by the Koru.
3. The Koru may form and dissolve Boards within the Cabinet, and may appoint and dismiss Hokorian nationals to positions within the Boards.
4. Where the Cabinet is vacant with the exception of the Koru, the Koru shall form the Advisory Board and may appoint and dismiss Hokorian nationals to positions within the Board.
5. Where the Cabinet is no longer vacant with the exception of the Koru, the Koru shall dissolve the Advisory Board.

Section 4- Additional residential offices and bodies

1. The Koru may form and dissolve additional bodies and offices within the Residence through Constitutional order.
2. Residential offices and bodies shall be governed through a Charter, accountable to Their Majesty’s Office and overseen by the Koru.
3. The Koru may form and dissolve positions within Residential offices and bodies, as well as appoint and dismiss Hokorian nationals to positions within Residential offices and bodies.

Article 5- The Hokorian Assembly

Section 1- Establishment of the Assembly

1. The Hokorian Assembly shall be a Constitutional Organ of the Hokorian State.
2. The Assembly shall consist of a Legislative Council with the task of enacting laws, representing the people and holding the Government to account.
3. The Assembly shall consist of a Constitutional Council with the task of upholding the Constitution, making Constitutional amendments, holding the Koru to account and acting as a regency council in lieu of the Koru.

Section 2- Opening and closing the Legislative Council

1. Where there are no Legislative Councillors, the Legislative Council shall be considered to be closed, with all duties and powers inherited by the Constitutional Council.
2. The Koru shall open the Legislative Council within 14 days of the conclusion of a general election.
3. The Legislative Council shall remain open for no longer than 1 calendar year.
4. The Koru may close the Legislative Council upon the announcement of a general election.

Section 3- Appointing and dismissing the Legislative Council

1. The Legislative Council shall be composed of the Koru and elected Legislative Councillors.
2. The number of seats available in the Legislative Council shall be set by the Koru through a Constitutional order.
3. Legislative Councillors shall be appointed by the Koru, after election and stating the Constitutional Oath, as defined through Constitutional order.
4. The first deed of the Legislative Council after its opening shall be to elect a Legislative Councillor as the Speaker of the Legislative Council, through private ballot.
5. The Speaker of the Legislative Council shall be appointed by the Koru.
6. The Speaker of the Legislative Council shall moderate the floor of the Legislative Council, and to maintain order within the Legislative Council through ensuring that proper procedure is followed.
7. Upon the closure of the Legislative Council, the Speaker of the Legislative Council and Legislative Councillors shall be considered as dismissed.
8. Upon the resignation or incapacitation of a Legislative Councillor, they may be dismissed by the Koru.
9. Upon the criminal conviction of a Legislative Councillor, they may be dismissed by the Koru.
10. Upon a seat becoming vacant, a by-election shall be held within 14 days.
11. Upon the resignation or incapacitation of the Speaker of the Legislative Council, they may be dismissed by the Koru.
12. Where there is no Speaker of the Legislative Council, the Koru shall inherit the Speaker’s responsibilities.
13. Where the Koru has inherited the responsibilities of the Speaker of the Legislative Council, they shall hold an election of Legislative Councillor as the Speaker of the Legislative Council within 14 days.
14. Where the Koru has inherited the responsibilities of the Speaker of the Legislative Council and has held an election of a Legislative Councillor as the Speaker of the Legislative Council, they shall cease to have those responsibilities upon the appointment of the Speaker of the Legislative Council.

Section 4- Functions of the Legislative Council

1. Standing orders may be adopted, amended or rescinded after receiving a supermajority vote of two thirds of the Legislative Council in favour of its adoption.
2. The Speaker of the Legislative Council shall enforce Standing orders, exercising the powers specified within them.
3. The Legislative Councillors shall be given regular opportunity to present Bills to the Legislative Council, with the express consent of the Speaker of the Legislative Council.
4. The Speaker of the Legislative Council may hold or refuse a vote on a Bill.
5. Upon a Bill receiving a majority of votes in favour of its adoption, it shall be presented to the Koru for assent.
6. The processes and further provisions of the Legislative Council shall be specified by law.

Section 5- Functions of the Constitutional Council

1. Standing orders may be adopted, amended or rescinded after receiving a supermajority vote of two thirds of the Constitutional Council in favour of its adoption.
2. The Koru shall enforce Standing orders, exercising the powers specified within them.
3. The Constitutional Council shall be composed of the Koru and Constitutional Councillors.
4. There shall be no set number of Seats in the Constitutional Council.
5. Constitutional Councillors shall be appointed by the Koru, after stating the Constitutional Oath.
6. Upon the resignation or incapacitation of a Constitutional Councillor, they may be dismissed by the Koru.
7. Upon the criminal conviction of a Constitutional Councillor, they may be dismissed by the Koru.
8. The Constitutional Council shall continuously remain Open after establishment.
9. The processes and further provisions of the Constitutional Council shall be specified by law.

Section 6- Political parties

1. Hokorian nationals may form, have membership within and contribute to a political party without the need for authorisation, as restricted by law.
2. Hokorian nationals may form, have membership within and contribute to a political party without the need for authorisation, as restricted by law.
3. Legislative Councillors shall have the right to be a member of a political party, or not to be a member of a political party.
4. The processes, further provisions and further restrictions of political parties shall be specified by law.

Section 7- General and by-elections

1. General elections shall take place at regular intervals to elect the Legislative Councillors, as specified by law.
2. A by-election for the Legislative Council shall be held upon a Legislative Councillor losing their seat whilst the Legislative Council is Open.
3. Voting for either a general election or a by-election shall take place in a period of 48 consecutive hours.
4. Upon the commencement of voting in a general election or a by-election, the Koru shall release a ballot for voters to submit and cast their vote with.
5. The Koru shall allow Hokorian nationals to submit a single ballot for a general election or a by-election, where they are not restricted from voting under law.
6. The Koru shall not share the details of a ballot submitted for a general election or a by-election, including the fact that a person submitted a ballot at all, except for where a ballot was submitted incorrectly and the Koru is contacting the voter privately to inform them that their ballot was submitted incorrectly.
7. The Koru shall publish the results of the general election or by-election, alongside the total number of valid ballots and voided ballots, at their earliest convenience once a general election or a by-election has concluded.

Article 6- The Government

Section 1- Establishment of the Government

1. The central governing authority of the Hokorian State shall be Their Majesty’s Government.
2. The Government shall work to govern, develop and oversee the functions of the state whilst defending Hokorian nationals and ensuring that this Constitution is applied.
3. The Government shall serve both the Koru and the Hokorian people.

Section 2- Appointments and dismissals

1. The Koru may create, abolish and amend positions, as well as define their powers, within the Government, through a Constitutional order.
2. The Koru may appoint and dismiss Hokorian nationals to positions within the Government.

Section 3- Government bodies and agencies

1. The Koru may create, abolish and amend Government departments, ministries, offices, and agencies, as well as define their duties and powers, through Constitutional order or by law.
2. The Legislative Council shall have the authority to audit Government departments, ministries, offices and agencies, as restricted by law.

Section 4- Functions of the Government

1. The Government shall provide Government services to provide services to individuals residing within the State, and the Hokorian people across the world, as provisioned through law.
2. The Government shall protect individuals residing within the State, and the Hokorian people across the world, from discrimination.

Article 7- The Principles

Section 1- The Principles

1. Every person shall be given the opportunity to be welcomed into the Hokorian community as equals.
2. Every person shall be given the power to make decisions that concern themselves.
3. The Hokorian State shall be forever changing and adapting to the needs of its people and the environment that its people live in.
4. The Hokorian State shall forever strive towards nurturing a peaceful society and encouraging a peaceful world.
5. The Hokorian State shall forever be a place where fascism may never thrive.
6. The Hokorian State shall forever be centred around its people rather than any particular individual or group of individuals.

Section 2- Application of the Principles

1. The Principles shall be applied by the Government within the Hokorian State, and promoted elsewhere.
2. The Government shall promote the Principles among Hokorians.

Article 8- The Constitution

Section 1- Amending the Constitution

1. The Legislative Councillors may present a constitutional amendment as a Bill to the Legislative Council, with the express consent of the Speaker of the Legislative Council.
2. Upon a Constitutional amendment receiving a supermajority vote of two thirds of the Legislative Council in favour of its adoption, it shall be forwarded to the Constitutional Council.
3. Constitutional amendments forwarded from the Legislative Council shall be voted upon by the Constitutional Council.
4. The Koru shall not participate in votes relating to constitutional amendments.
5. Upon the entirety of the Constitutional Council voting in favour of a constitutional amendment forwarded from the Legislative Council, it shall be presented to the Koru for assent.
6. Upon a constitutional amendment receiving assent, it shall come into force immediately or at a date specified in the Bill.
7. A minor constitutional amendment shall be a constitutional amendment that alters the Constitution in a way that does not create, remove, or amend substantive provisions.
8. The Koru and the Constitutional Councillors may present a minor constitutional amendment as a Bill to the Constitutional Council.
9. Upon the entirety of the Constitutional Council voting in favour of a minor constitutional amendment forwarded from the Legislative Council, it shall be presented to the Koru for assent.
10. The Koru may make unapproved constitutional amendments that would not change the processes, provisions and rights established under the Constitution.
11. The Koru shall preserve records of all constitutional amendments.

Section 2- Repealing the Constitution

1. The Koru may repeal the Constitution by Constitutional order upon the entirety of the Constitutional Council voting in favour of it being repealed.
2. Upon the Constitution being repealed, it shall cease to have effect.