New England Online > Government & Politics > Constitution of New England
Constitution of New England
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The Constitution of New England is the paramount legal entity establishing the independence of the Kingdom of New England from Australia and setting down the powers and functions of the institutions of government. It consists of several documents. The most important is the Constitution of the Kingdom of New England. Other documents of constitutional significance include the Statute of Westminster
and the Treaty of Wellington, as well various Letters Patent, Orders-in-Council and unwritten conventions.
The constitution was written by a committee of Australians, New Englanders and New Zealanders who convened during the negotiations to end the Civil War. The final document, as part of the Treaty of Wellington, was approved by all parties in late 2011 and put to the people of New England in a referendum on the 30th June 2012. Those areas that approved the referendum, formed the Kingdom of New England on the 1st October 2012.
- Background
- Articles
- Preamble
- Article I
- Article II
- Article III
- Article IV
- Article V
- Article VI
- Interpretation & Change
Background
The present Constitution of New England originated during the negotiations to end the Civil War. At the time, it was accepted by all parties that New England would begin to pursue a path towards independence. Negotiators from the three-party talks developed a number of different constitutional models that could be presented to the people through a series of rolling plebiscites.
The outcome of these early negotiations, was an acceptance that form of government similar to what existed in Australia at the time was the most suitable model to be put forward to the people. This was attached to the Treaty of Wellington ratification referendum and provided that a convention would assemble in Armidale within a year to draft a constitution.
This assembly has become known as the first Witan, although it was not known by that name at the time. The convention met for a month between the 6th February and the 9th March 2012 and drew up much of the Constitution as it now stands. The constitution provided for a strong executive, with the King playing a direct role in the administration of the state through his chairing of the Executive Council. There was a unicarmral Parliament, consisting only of the House of Assembly. The provisions relating to the judiciary and counties that we know today were also drawn up at this time.
In 2018, after six years of independence, the second Witan was assembled to make some small changes to the Constitution. This convention expressly recommended that an occasional deliberative body be established to debate constitutional changes, and to formally elect a new monarch when they ascend to the Throne.
The fourth witan in 2037 recommended the inclusion of provision to automatically repeal expended provisions after a period of five years. Attempts by republicans to abolish the monarchy were rejected.
Articles
Preamble - The introductiory paragraphs of the constitution are known as the Preamble. The Preamble neither grants any powers nor inhibits any actions; it only explains the rationale behind the Constitution, except to abolish the exisiting political framework created by the Tranistional Government. The preamble states that the people, as loyal subjects of the king, do ratify the Treaty of Wellington and declare themeselves to be an independent nation.
Article I - The first article is the Charter of Rights, which sets the rights, freedoms and responsibilities of all New Englanders. In particular, Article I deals with the "thirty-two rights", which act as a bill rights for the people with gaurentees of freedom of assembly, religion, association, the nright to a fair and free trial, the rights of minors and a assurance that punishment shall be fair and reasonable. Article I also specifies the powers of the Human Rights Commission, which is guardian of the Charter.
Article II - The second article outlines the powers of the Crown and the Executive Council. Divided into three parts, the first part makes provision for the eligibility to ascend to the Throne, as well listing the powers of the Crown in relation to the Executive Council. Provision is also made for remuneration to be made to the King through the Privy Budget. Part two deals with composition and appointment of Executive Councillors (Ministers). Part three deals with the appointment of civil servants, which is devolved to the Parliament.
Article III - The power of the Parliament is layed out in the third article, which states that legislative power is vested in the King, the Witan and the House of Assembly.
Article IV - The Judiciary is dealt with in the fourth article, including the Supreme Court. The article requires that there be one court called the Supreme Court; Parliament, at its discretion, can create lower courts, whose judgments and orders are reviewable by the Supreme Court. Article Four requires trial by jury in all criminal cases in the county where the offence was committed. The article aslo provides that a Judicial Appointments Commission be created to oversee the appointment of judges and magistrates.
Article V - The fifth article deals with the powers of the Counties. Because New England is a unitary state, the default power to legislate rests with the Parliament. The article lists the so-called "thirteen powers" that have been devolved the counties in which they may make by-laws, although they remain under the supervision of the Parliament.
Article VI - The final article, six, ties up many of the loose ends in the consititution, and deals with many miscellaneous provisions. The provisions include taxation and debt, altering the constitution, the seat of government, and expended provisions. Parts one to three were part of the original constitution. Part four was added by the Witan of 2018.
Schedule - The constitution concludes with a schedule outling the oath of allegience and the oath of office that must be taken by all figures serving any institution it has created. Any person serving as a public official or civil servant must take one or both oaths before assuming the position to which they have been appointed.
Interpretation & Change
The power to interpret the constitution rests solely with the Supreme Court of New England, as specified by Article IV. Since independence, the court has built up a body of law, known as New England Consititutional Law, which forms the bedrock
The constitution can only be changed by referendum, and requires a 'double majority' of the people of New England and the majority of the counties to be carried. Several such initiatives have succeeded when put to the people.
