An Act for the peaceful establishment of institutions for the exercising of the sovereign powers of Korolev Senior Secondary School; and for purposes connected therewith
Whereas the sovereign is founded upon principles that recognize the supremacy of the rule of law:
And whereas the institutions of the sovereign would conduce to the welfare of the students, school and society at large, and promote the interests of Eternia and the continent of Candor:
And whereas on the establishment of such institutions, not only that the constitution of the legislative authority be provided for, but also the nature of the executive government and the procession of the judiciary unit therein be declared:
And whereas the holistic result is the provision of a wonderful formative experience for all students:
Short title
1. This Act may be cited as the Constitution Act.
Institutions
2. The provisions of this Act referring to the institutions shall be construed as referring to the institutions of the sovereign in which the powers of the sovereign are exercised by.
Korolev Senior
3. Unless it is otherwise expressed or implied, the name Korolev Senior shall be taken to mean Korolev Senior Secondary School as constituted under this act.
Geographic, physical jurisdiction
4. Korolev Senior shall be the privately-built school, bounded by the privately-owned land belonging to Eternia, provisioned to the Korolev Senior Faculty Administration, located in general in Hunghom, Livia, Central, Auxiria.
Census
5. In the general census of the population of Korolev Senior is hereby required to be taken every year before the start of the school year, in order for the numbers to be distinguished for the purposes connected therewith.
Continuity of the Faculty
6. The appropriate authority of and over Korolev Senior, as provisioned by the Board of Public Education or an equivalent authority of the relevant jurisdiction, is to continue to be vested in the Faculty, and shall remain inalienable therein.
Student Government
7. There shall be a general Student Government of Korolev Senior to exercise the sovereign’s powers, consisting of the Student Council, the Legislature, and the Council of Six, the powers therein being delegated to these student institutions.
Constitution of the Student Council
8. There shall be a Student Council of Korolev Senior to aid and advise the Student Government of Korolev Senior, consisting of: the Student Council Executives, representing the Student Council and the general Student Government; the Department of the Treasury; the Department of the Administration; the Student Liaison Office; and the Independent Commission Against Corruption.
Student Council Executives and its Offices
9. The Student Council Executives consist of the leadership of the Student Council which occupies the following offices: the Office of the President for the Student Council President; the Office of the Treasurer for the Chancellor of the Exchequer; the Office of the Secretary for the Undersecretary; the Office-General for the Executive Manager, and any other Deputies Without Portfolio, appointed as the President sees fit, to reasonably carry out his duties; all of which shall be responsible to the Office of the President.
All powers under Acts to be exercised by the Student Council
10. All powers, authorities, and functions which under any Act of the Assembly, or any Proclamation of the Faculty, are vested in or exercisable by the Student Council or adjutants thereof.
Responsibility of the Treasury
11. Where the Office of the Treasurer is responsible, there shall be a Department of the Treasury, to be responsible for the implementation of fiscal policy of the student institutions; and student organizations and functions, events or occasions thereof.
Responsibility of the Administration
12. Where the Office of the Secretary is responsible, there shall be a Department of the Administration, to be responsible for the record-keeping of transactions of any nature of all student organizations; and the petitioning for redress of grievances.
Responsibility of the Student Liaison Office
13. Where the Office-General is responsible, there shall be a Student Liaison Office, to be responsible for the general management of student organizations and functions, events or occasions thereof.
Responsibility of the Independent Commission Against Corruption
14. There shall be an Independent Commission Against Corruption, to be responsible for the oversight of the work of the Student Government with regards to the principle of good government.
Appointment of Offices
15. The Office of the President is elected to by universal suffrage of the student population, completed before the start of the school year, for a term length extending to the end of the school year; the Office of the Treasurer, the Office of the Secretary, and the Office-General, when vacant, is appointed to by the President, for a term length extending to the end of the school year.
Executive order of precedence
16. In case of invalidity of the Office of the President, the order of precedence is: the Chancellor of the Exchequer; the Undersecretary; and then the Executive Manager.
Constitution of the Legislature
17. There shall be one Legislature, consisting of an upper house styled the Senate, and a lower house styled the Assembly.
Privileges of the Legislature
18. The privileges, immunities, and powers to be held, enjoyed, and exercised by the Assembly and the Senate, and by the members thereof respectively, shall be such as are from time to time defined by Act of the Assembly or Proclamation of the Faculty respectively, as it pertains to the following, with regards to its respective assembly:
(a). the regulation of its own internal affairs;
(b). the authority to maintain the attendance and service of its Members;
(c). the power to discipline;
(d). the right to institute inquiries and to call witnesses and demand papers;
(e). the right to administer oaths to witnesses appearing before it;
(f). the right to publish papers without recourse to the courts.
Constitution of the Senate
19. The Senate shall consist of the teachers of the third-year classes of the school year, who shall be styled as Senators.
Tenure of the Senate
20. The Senate is summoned upon the start of the school year, and its term ends at the end thereof.
Quorum of the Senate
21. The presence of at least one half, and added the remainder after division, shall be necessary to constitute a meeting of the Senate for the exercising of its powers.
Voting in the Senate
22. Questions arising in the Senate shall be decided by a majority of voices, and when the voices are equal the decision shall be deemed to be in the negative.
Constitution of the Assembly
23. The Assembly consists of two constituencies, the Class Constituencies and the Functional Constituencies, of which their members are styled as Members of the Assembly.
Class Constituencies
24. At the first summon of the Assembly, it shall consist of Class Constituencies of: forty students from Class 3-A; twenty students from Class 3-B; ten students from Class 3-C; five students from Class 3-D; three students from Class 3-E; and one student from Class 3-F, if and as such classes exist, named and appointed by the respective classes.
Functional Constituencies
25. The Assembly shall consist of Functional Constituencies of the following categories:
(a). the Class Representatives of each third-year class;
(b). the Presidents of School Clubs as sanctioned by the Senate;
(c). the Student Council Executives, and up to four Deputies Without Portfolio;
Simultaneous qualifications of an Assembly Member
26. For any student qualifying to multiple seats in the Assembly in any manner, must declare their one seat to remain in, and declare all other seats invalid, starting with seats in the Functional Constituencies.
Speaker of the Assembly
27. The Speaker of the Assembly shall be a Member from the Student Council Executives Functional Constituency.
Speaker to preside
28. The speaker shall preside at all conventions of the Assembly.
Provision in case of absence of the Speaker
29. If the Speaker is excused in advance, or absent for any other reason for a period of one hour to a convention of the Assembly, the Student Council Executive Functional Constituency may appoint one of its members to act as Speaker, and if such an arrangement is not possible, then one may be elected from the Assembly; and such a Member should have and execute all the powers, privileges and duties of Speaker.
Tenure of the Assembly
30. The Assembly is summoned at the start of the school year, and shall continue until the end thereof.
Quorum of the Assembly
31. The presence of at least twenty Members of the Assembly shall be necessary to constitute a convention of the Assembly for the exercise of its powers, and for that purpose the Speaker shall be reckoned as a Member.
Voting in the Assembly
32. Unless provisioned otherwise by this Act, questions arising in the Assembly shall be decided by a majority of voices other than that of the Speaker, and when the voices are equal, not otherwise, the Speaker shall have a vote.
Bills from the Assembly
33. Bills of any nature shall originate in the Assembly.
Recommendation of money votes
34. It shall not be lawful for the Assembly to adopt or pass any vote, resolution, address, or bill for the appropriation of any part of the public revenue, or any monetary demand from students, to any purpose that has not been first recommended to the Assembly by the Faculty or the Senate in the session in which such vote, resolution, address, or bill is proposed.
Disallowance by the Senate
35. Where the Assembly passes a bill in its own name and authority, it shall by the first convenient opportunity send an authentic copy of the Act to the Senate, for voting of the bill at a reasonable pace according to the temporal nature thereof, or for withholding its duties by declaring contempt for the bill, in which case the bill is returned to the Assembly, for no more than twice of a bill with the same intent in a fiscal quarter.
Supremacy of the Assembly
36. Where the Senate declares contempt for a bill of the same intent for more than twice, the Assembly may present the bill to the Principal for his Assent as if the Senate voted in favour, only if the Assembly votes in favour of the bill, and also votes in contempt of the Senate, with more than two-thirds of the total number of Members voting for the motions therein.
Assent to bills, etc.
37. Where a bill passed by the Legislature is presented to the Principal for his Assent, he shall declare, according to his discretion, but subject to the provisions of this Act, either that he assents thereto, or that he withholds his Assent, in his own name and authority.
Legislative authority of the Legislature
38. It shall be lawful for the Principal, by and with the advice and consent of the Senate and the Assembly, to make laws in the form of Acts for the peace, order, and good student government of Korolev Senior, in relation to all matters not coming within the classes of subjects by this Act assigned exclusively to the Faculty; and for greater certainty, but not so as to restrict the generality of the foregoing terms of this section, it is hereby declared that (notwithstanding anything in this Act) the exclusive legislative authority of the Legislature extends to all matters coming within the classes of subjects next hereinafter enumerated; that is to say,
(a). public debt, assets and property;
(b). the raising of money by any mode or system of taxation;
(c). the borrowing of money on public credit;
(d). public morals, order and defence;
(e). student welfare, insurance and life services;
(f). school-wide events;
(g). student organizations and functions, events, or occasions thereof;
(h). the constitution of classes with respect to students;
(i). intellectual property;
(j). school facilities;
(k). functions under the rules of the Class Wars;
Constitution of the Council of Six
39. There shall be a Council of Six, consisting of one student from each of: Class 3-A; Class 3-B; Class 3-C; Class 3-D; Class 3-E; Class 3-F, each thereof are styled as Judges.
Appointment and tenure of Judges
40. At their pleasure, the Senate shall appoint the Judges of the Council of Six, whom shall not hold any other public office while appointed as Judges.
General Court
41. The Student Council may, notwithstanding anything in this Act, from time to time provide for the constitution, maintenance, and organization of a general court for the better administration of the laws of Korolev Senior.
Funding
42. All revenues over which the Legislature have power of appropriation shall form one consolidated revenue fund in the Department of the Treasury, to be appropriated for the public service of Korolev Senior in the manner and subject to the charges in this Act provided.
Expenses of collection, etc.
43. The Department of the Treasury shall be permanently charged with the costs, charges, and expenses incident to the collection, management, and receipt thereof.
Property, etc.
44. The Student Liaison Office shall be permanently charged with the maintenance and the good housekeeping of public property and facilities as pertains to the students thereof.
Oath of allegiance, etc.
45. Every Member of the Assembly shall before taking his seat therein take and subscribe before the Faculty, the oath of allegiance contained in the First Schedule to this Act.
Rights and freedoms in Korolev Senior
46. The constitution guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.
Fundamental freedoms
47. Everyone has the following fundamental freedoms:
(a). freedom of conscience and religion;
(b). freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication;
(c). freedom of peaceful assembly;
(d). freedom of association.
Democratic rights of citizens
48. Every student of Korolev Senior has the right to vote in an election of the Student Council President, or of any public office in which an election the general electorate is to be held for, and is qualified for such a position amenable to the term length thereof.
Maximum duration of public offices
49. No assembly, committee, body or other public office shall continue for longer than the school year it has been elected or appointed to.
Continuity of allegiance
50. Every holder of any public office must do so with allegiance to his class, and where that is no longer true the public office is relinquished.
Sitting of legislative bodies
51. There shall be a sitting of the Assembly at least once every month.
Mobility rights
52. Every student has the right to enter, remain in and leave the grounds of Korolev Senior.
Hierarchal mobility rights
53. Every student has the right to move to and take up residence in any class, provided that the student has been granted assent by and obtained scores of qualified examinations amenable to the teacher thereof.
Life, liberty and security of person
54. Every student has the right to life, liberty and security of person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.
Search or seizure
55. Every student has the right to be secure against unreasonable search or seizure.
Detention or imprisonment
56. Every student has the right not to be arbitrarily detained or imprisoned.
Arrest or detention
57. Every student has the right on arrest or detention: to be informed promptly of the reasons therefor; to retain and instruct counsel without delay and to the informed of that right; to have the validity of the detention determined by way of hapeas corpus and to be released if the detention is not lawful.
Proceedings in criminal and penal matters
58. Any person charged with an offence has the right:
(a). to be informed without reasonable delay of the specific offence;
(b). to be tried within a reasonable time;
(c). not to be compelled to be a witness in proceedings against that person in respect of the offence;
(d). to be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal;
(e). not to be denied reasonable bail without just cause;
(f). not to be found guilty on account of any act or omission unless, at the time of the act or omission, it constituted an offence under the law;
(g). if finally acquitted of the offence, not to be tried for it again and, if finally found guilty and punished for the offence, not to be tried or punished for it again;
(h). if found guilty of the offence and if the punishment of the office has been varied between the time of commission and the time of sentencing, to the benefit of the lesser punishment.
Cruel punishment
59. Everyone has the right not to be subjected to any cruel and unusual treatment or punishment.
No self-crimination
60. A witness who testifies in any proceedings has the right not to have any incriminating evidence so given used to incriminate that witness in any other proceedings, except in a prosecution for perjury or for the giving of contradictory evidence.
Interpreter
61. A party or witness in any proceedings who does not understand or speak the language in which the proceedings are conducted or who is deaf has the right to the assistance of an interpreter.
Equality before and under law
62. Every individual is equal before and under the law and has the right to equal protection and equal benefit of the law without discrimination of any kind, including but not limited to discrimination based on race, national or ethnic origin, colour, religion, sex, age, disabilities, socioeconomic status, political affiliations.
Official languages
63. Old Yue and New Yue are the official languages of Korolev Senior and have equality of status and equal rights and privileges as to their use throughout, including student institutions.
Languages in the Assembly
64. Everyone has the right to use Old Yue or New Yue in any debates and other proceedings of the Assembly.
Languages in public records
65. Public records, documents or other methods of communication from the Student Government of any form shall be printed in Old Yue and New Yue, and both language versions are equally authoritative.
Languages in public service
66. Any member of the public has the right to communicate with, and to receive available services from, any office of an institution of the Student Government in Old Yue or New Yue.
Enforcement of guaranteed rights
67. Anyone whose rights or freedoms have been infringed or denied may apply to a court of competent jurisdiction to obtain such remedy as the court considers appropriate and just in the circumstances, and where a court concludes that evidence was obtained in a manner that infringed or denied any rights or freedoms, the evidence shall be excluded where the admission of it would bring the administration of justice into disrepute.
Recognizing multiculturalism
68. The laws shall be interpreted in a manner consistent with the preservation and enhancement of the multicultural heritage of the students.
Exception by the Legislature
69. The Legislature or the Faculty may expressly declare in an Act of the Assembly, that the Act or a provision thereof shall operate notwithstanding Articles 54 through to 62, where the application thereof shall cease to have effect at the end of the school year.
Great majority of the Assembly for exceptions
70. An Act of the Assembly in part or in whole containing provisions operating notwithstanding Articles 54 through to 62 shall only be an Act after voted for with more than two-thirds of the total number of Members.
Commitment to an ideal school life
71. Without altering the legislative authority of the Legislature, or the rights of any of them with respect to the exercise of their legislative authority, the Student Government is committed to:
(a). promoting equal opportunities for the well-being of students;
(b). promoting extracurricular activities to the benefit of social awareness;
(c). providing essential public services of reasonable quality to all students.
Amendment procedure
72. A general amendment to the Constitution, in relation to all matters not coming within the subject classes provisioned elsewhere in this Act where the amendment procedure is declared to be different, shall be made by Proclamation of the Faculty or by the Principal where so alone or recommended by: resolutions of the Legislature where more than two-thirds of the Assembly and more than two-thirds of the Senate voted for; and of the Class Representatives of all classes where more than two-thirds voted for, and those voted for represents more than two-thirds of the student population, where the passed resolutions shall be identical.
73. An amendment to the Constitution in relation to the following subject classes shall be made by Proclamation of the Faculty or by the Principal where so alone:
(a). Articles 1 through to 7;
(b). any rights, privileges, or similar thereto of the Faculty or of the Principal;
(c). any part of legislation of Acts with exceptions;
(d). Article 72;
(e). this part.
(f). Article 74;
74. An amendment to the Constitution in relation to the following subject classes shall be made by Proclamation of the Faculty or by the Principal where so alone or recommended by: resolutions of the Legislature where more than two-thirds of the Assembly and more than two-thirds of the Senate voted for; of the Class Representatives of all classes where more than two-thirds voted for, and those voted for represents more than two-thirds of the student population; and of the general student population where more than two-thirds voted for, where the passed resolutions shall be identical:
(a). the Rules of the Class Wars, or the Rules of the Game.
Revocation of authorization
75. A resolution for the purposes of amendment may be revoked at any time before the issue of a Proclamation authorized by it.
Primacy of the Constitution
76. The Constitution is the supreme law of Korolev Senior, and any law that is inconsistent with the provisions of the Constitution is, to the extent of the inconsistency, of no force or effect.
Constitution of the Constitution
77. The Constitution comprises of this Act, the Schedules therewith, and any amendments thereof.
Nature of amendments
78. Amendments to the Constitution shall be made only in accordance with the authority contained in this Act.
Old Yue and New Yue versions
79. Where any portion of the Constitution has been or is enacted in Old Yue or New Yue, the Old Yue and New Yue versions of that portion of the Constitution are equally authoritative.
THE FIRST SCHEDULE
OATH OF ALLEGIANCE
I, A.B. do swear, that I will be faithful and bear true allegiance to Eternia, and to uphold the values and principles of Korolev Senior Secondary School.