The Oceanykan Constitution
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The Oceanykan Constitution

Political Context 📣

The Oceanykan Constitution

1907 - 1962



CHAPTER I - THE OCEANYKAN FEDERATION.


ARTICLE 1 - PROCLAMATION OF THE OCEANYKAN FEDERATION

  • Effective May 3rd, 1907, the Oceanykan Federation is declared to be an independent union of nations, corporations, individuals and polities, in the interest of their mutual defence and its citizenry's personal liberties. Its territory shall encompass the lands of Australia, Tasmania, New Caledonia, the Barrier Reef Islands, Norfolk Island and the Torres Strait Archipelago.
  • The Oceanykan Federation's territorial waters, where this Constitution may be enforced, extend out 100 nautical miles from its shores at low tide.

ARTICLE 2 - SYSTEM OF GOVERNANCE

PART 1 - OCEANYKAN COUNCIL

  • Supreme legislative power shall lie in a body of representatives from across the Federation henceforth referred to as the Oceanykan Council, or the Council. For each one million Oceanykan citizens, there will exist a seat within this body. Said seats will not be geographically determined, their distribution entirely subject to the will of the people.
  • A seat within the Oceanykan Council shall be the property of its holder, who may be a natural or legal person, and is henceforth referred to as a Consul. The aforementioned has a moral obligation to uphold the interests of any and all Oceanykan citizens within its political, legal or economic jurisdiction, and appoint a natural person to represent them in the Council, who is henceforth referred to as either a Representative of Council or Representative.
  • Any who might find their interests or those of the citizenry unfairly represented, or outright disenfranchised, may petition the Oceanykan Council to transfer a seat from an offending party to themselves, thus acquiring all responsibilities and powers of consulship.
  • If the aforementioned person finds the Council's judgement unreliable, be it before or after a petition, they may directly challenge a Consul to fair resolution, seizing a certain number of seats should they result victorious. A consul under challenge may refuse any type, except for a wager of battle.
  • Should new seats be created to adjust for demographic changes, aspirants to Consulship may compete with each other through any of the aforementioned mechanisms.
  • Representatives may band together under Parties of similar ideological or political outlooks, but these political associations may never have any binding power over their members.
  • The Oceanykan Council will annually elect from amongst themselves a Speaker of the Council, henceforth referred to as the Speaker, who will act as the supreme authority over all debate within said body, maintaining civility and order. This Speaker may not be of the same Party as the President of the Oceanykan Federation.
  • Any two Consuls may voluntarily request the Council to provide collective judgement on disputes which are not accounted for in this Constitution.

PART 2 - EXECUTIVE POWER

  • The Oceanykan Council may choose a single Representative of Council to serve as President of the Oceanykan Federation, henceforth referred to as the President, for an indeterminate term. Said president will act as supreme Executive of the Federation, acting as Head of Government and Commander of the Armed Forces. However, since this public official's power derives from the Council's authority, the latter may at any point vote to end the former's term, veto or reverse any of their decisions. The President has a right to propose legislation and offer advisory, but may otherwise not interfere with the Council's powers.
  • A Cabinet of Ministers may be formed at the President's will to act as their immediate subordinates, each managing a single Ministerial Department. However, any appointed Minister must be a sitting Representative. Furthermore, the Cabinet's leadership must be divided under the principle of plurality, mirroring the political distribution of the Oceanykan Council. The President has a right to choose their Prime Minister, who will act as Executive in the temporary absence of their senior. As third in line for this power will be the Speaker of the Council.

ARTICLE 3 - CONSTITUTIONAL REFORM

  • This Constitution may be reformed or dissolved by the Council through a special voting session, in which two-thirds of said body must agree.

ARTICLE 4 - PRINCIPLE OF SELF GOVERNANCE

  • All natural and legal persons may form voluntary associations. Legal persons who choose not to do so, or do not have any hierarchical superiors in their association, are henceforth referred to as Sovereignties. Individuals who choose not to form part of any Sovereignty shall henceforth be referred to as Yeomanry. Both are legally bound to no authority but that of this Constitution and those derived from it.
  • Regardless of their hierarchical status in any given Sovereignty, or lack thereof, all natural persons have a right to self-ownership. Said right might be temporarily relinquished for a reasonable period of time by committing a criminal offence, of both local and Constitutional nature, or permanently if sentenced to death by the High Court.
  • The ownership, leadership, management, or conduct of any such Sovereignty is wholly independent of any of its equals and shall be for its constituent powers and members to decide. Neither shall any Federal power intervene unless any of these characteristics is in breach of this Constitution.
  • There shall be one single Polity Tax, imposed upon Sovereignties and Yeomanry, equal to a fraction of their income as agreed upon by the Council annually or by extraordinary vote, which may never surpass one-twentieth, with an exception stipulated in Article 5 of this Constitution. No other taxes may be levied by the Federal Government under any circumstances.

ARTICLE 5 - PRINCIPLE OF COLLECTIVE DEFENCE

  • The Oceanykan Federation's members have an obligation to put aside their differences and disputes when the territorial integrity of the nation is threatened by a foreign power, or by an internal movement which seeks to impose universal laws or customs contrary to those of this Constitution by force of arms.
  • Any Sovereignty or Yeomanry who leads a movement as described in the previous paragraph may be given the designation of Terrorist through a majority vote in the Council. Foreign powers shall instead receive the legal designation of Invader.
  • When a threat of the types described before materialises in a manner that constitutes a credible and imminent threat to the existence of the Oceanykan Federation or this Constitution, the Council may vote to enter a state of Total War. The Federation's citizenry must place their arms and collective resources under the President's command. Furthermore, there shall be no limit on the fraction of wealth levied by the Polity Tax. 

ARTICLE 6 - PRINCIPLE OF PROPERTY

  • All products of human labour, both immovable and movable, are understood to be the Property of a person, who may do as they wish to or with it.
  • Property shall be given legitimate ownership by the possession of a document signed by both Propietor and Landholder, known as a Property Deed. The ownership of undocumented movable property shall be judged by fair resolution or the local authorities.

ARTICLE 7 - PRINCIPLE OF COMMONS

  • Within the Oceanykan Federation there shall be no indefinite and permanent ownership of land, henceforth known as the Commons. However, they may be claimed for exclusive use by a Sovereignty or the Yeomanry, who shall be known as a Landholder, and this parcel of land as its Territory.
  • Both Sovereignty and Yeoman must claim land as a Territory by issuing a Proclamation, a document signed with blood which must be circulated and acknowledged by Landholders in the immediate vicinity of said parcel of land, even if they are in disagreement or have opposing claims. Legitimacy for this claim shall be derived from the ownership of Property within it, from its recurrent economic usage, from permanent inhabitation, or by its defence through force of arms. Disputes regarding the territoriality of land must be given fair resolution, unless they involve a breach of the Constitution, in which case the dispute will be settled by Federal Court.
  • All Proclamations are assumed by this Constitution to incur a Covenant of Use, by which the Landholder is expected to make responsible use of their land, doing everything in their power to prevent it from being physically ruined. Should this Covenant be violated, neighbouring Landholders may intervene in any way they deem necessary to protect their collective interests.
  • Landholders may enter contracts to lease land they have claimed. The tenant may then use said land for any purpose stipulated in the contract between both persons, under the conditions which have been agreed upon.
  • Yeomen may not be tenants, for they are then assumed to be living under the authority and protection of a Sovereignty.
  • If a tenant possesses Property in leased land, the Landholder has a constitutional obligation to protect said Property through its political, legal, economic and military authority, and may only seize it under previously agreed upon conditions, as stipulated in the lease contract.

ARTICLE 7 - PRINCIPLE OF CONTRACTUALITY

  • Any person, natural or legal, may form a written or verbal Contract with another. The rights or obligations stipulated in such an agreement shall not be opposed by the Federation, unless they breach the Constitution.
  • Contracts shall be given legality by local authorities, who may sign in acknowledgement in accordance with their own legislation and procedures, and prosecute cases of fraud.
  • All Contracts possess moral authority once they are signed by both parties, which all forms of fair resolution must take into account.
  • A Contract which is signed by two participants in blood is protected by this Constitution, and its breach may be prosecuted by Federal authorities.

ARTICLE 8 - PRINCIPLE OF FAIR RESOLUTION

  • All disputes which are not accounted for by this Constitution, or which are obligated by said document to do so, should be given fair resolution privately. The valid methods are by contract, democratic election, arranged competition, duelling or wager of battle.
  • The most simple act of fair resolution is to reach a compromise through dialogue, which shall be given legal standing through a mutual Contract.
  • Democratic elections constitute a fair, just and equal choice by the people involved. It possesses the most moral authority and legitimacy as the most pure expression of popular consent. Its target population, vote counting and interpretation of results shall be agreed between both dissenting parties before this act takes place, in a cordial and organised manner.
  • An alternative to other methods of fair resolution shall be the arranged competition, which may take any form, as long as it is non-violent in nature. 
  • Two individuals who find themselves in disagreement may settle their dispute with a duel. The weapons of choice and victory conditions shall be agreed on by both parties.
  • As a final option, which should only be utilised under the most extreme of circumstances, or if both dissenting parties are unable to reach an agreement on other methods of fair resolution, is the wager of battle. This constitutes a state of war, which will end when one camp surrenders or both agree to a ceasefire.



CHAPTER II - AUTONOMOUS INSTITUTIONS.


ARTICLE 9 - ARMED FORCES OF THE OCEANYKAN FEDERATION

  • The Armed Forces of the Oceanykan Federation shall constitute a volunteer, professional, dilligently trained, permanent standing force which will act as the Federation's main line of defence against foreign aggression. Its composition shall include ground, sea and air forces oriented towards the defence of Oceanyka's national territory.
  • The Oceanykan Council shall appoint a Chief of Defence from amongst senior officers within the Armed Forces, to act as second in command to the President of the Oceanykan Federation. They may then choose their immediate subordinates as commanders of the Joint General Staff, the Oceanykan People's Army and the Red Navy.
  • The President of the Oceanykan Federation may command the Armed Forces, but never interfere in promotions, commissions, doctrine, procurement, or any other aspect of their internal organisation.
  • Oceanyka's ground and air warfare assets shall be part of an Oceanykan People's Army, organised wholly towards the defence of Oceanyka's territorial integrity and national sovereignty.
  • Oceanyka's naval warfare assets shall be part of a Red Navy, organised towards the defence of Oceanyka's sovereignty from naval incursion, blockade and invasion.
  • Both of the aforementioned armed forces shall share a Joint Command Staff, which will perform administrative, logistical, strategic planning and advisory functions in support of the Chief of Defence.

ARTICLE 10 - OCEANYKAN FEDERAL BANK

  • The Federal Bank shall constitute an autonomous financial corporation in service of the nation's interests and the pursuit of monetary stability. Its authority over monetary policy is absolute, and it may perform any other functions of a private alternative, such as lending.
  • The Oceanykan Council may appoint any senior banker from this institution or a private one to act as Governor of the Federal Bank. This public official will have complete authority in said establishment.
  • This bank's dominion shall be the Oceanykan Pound, official currency of the Oceanykan Federation. No other institution or private corporation may mint the Oceanykan Pound, nor any of its subdivisions and multiples. Neither shall they print banknotes. All Oceanykan Pounds may be converted to bullion at a rate designated by said institution, either in this or any other bank, which will be stored at the Federal Bank's vaults.
  • Any Sovereignty has the right to mint and govern its own currency. The Federal Bank shall publish a weekly exchange rate between the Oceanykan Pound and any other currency in use within the Federation's borders in an impartial and just manner. Exchange rates with the world's currencies will also be published according to international financial trends.
  • The Federal Bank will compile a credit rating list of all known lending and borrowing persons, both natural and legal. Information from this list may only be shared to other reputable lenders and borrowers.
  • For the purpoes of anti-counterfeiting, the Federal Bank will have a specialised law enforcement agency at its command, the Anti-Counterfeiting Service.

ARTICLE 11 - HIGH COURT OF THE OCEANYKAN FEDERATION.

PART 1 - HIGH COURT PROPER

  • Supreme judicial power shall reside within the High Court of the Oceanykan Federation, whose function will be to arbitrate legal disputes regarding the Constitution and impartially judge any person accused of Crimes against the Federation or Crimes against Humanity. 
  • The Oceanykan Council will vote to appoint Justices, drawn from senior judges or jurists born in Oceanyka, of which there may be seven at any time. Justices shall act as supreme judges of Oceanykan law, and must choose one amongst themselves to act as Chief Justice, who will maintain discipline and order in court.
  • For those who find themselves convicted of Crimes against the Federation or Crimes against Humanity, the High Court may impose any sentence based on jurisprudence. Capital punishment may only be issued in the form of fair combat against one or more Executors at the stairs which lead to the High Court.
  • Any person may act as their own Defence, or appoint another to perform this duty.

PART 2 - REGIONAL COURTHOUSES

  • Throughout the Federation there shall exist an appropiate number of Regional Courthouses, each autonomous in their operation, but subject to legal precedent and limited in their scope to Constitutional law. Any citizen may be tried at said Courthouses for Constitutional crimes, excluding Crimes against the Federation and Crimes against Humanity. 
  • A Regional Courthouse's staff will consist of one Judge to act as supreme authority, one Clerk to act as an administrative aide, and a Jury of seven local volunteers of good reputation.
  • Jurisprudence created by the High Court is considered binding, while that created by precedent amongst the Courthouses is not.
  • Reasonable fines and imprisonment by the Federal Correctional Service are the only punishments which may be issued to a criminal.
  • Persons who have been convicted of breaking local laws or customs, and have then been transferred to the Federal Correctional Service, must have their sentences re-evaluated by the nearest Courthouse based on morality and precedent.



CHAPTER III - MINISTERIAL DEPARTMENTS.


ART. 11 - DEPARTMENT OF THE TREASURY.

ART. 12 - DEPARTMENT OF THE FOREIGN OFFICE.

ART. 13 - DEPARTMENT OF STATE.

ART. 14 - DEPARTMENT OF COMMERCE.

ART. 15 - DEPARTMENT OF ENERGY.

ART. 16 - DEPARTMENT OF KNOWLEDGE.

ART. 17 - DEPARTMENT OF SECURITY.

ART. 18 - DEPARTMENT OF TRANSPORT.

ART. 19 - DEPARTMENT OF NATURE.



CHAPTER IV - JUDICIAL SYSTEM OF THE FEDERATION.


ART. 19 - LOCAL LAWS AND CUSTOMS.

ART. 20 - FEDERAL PENAL CODE.

ART. 21 - CRIMES AGAINST THE FEDERATION.

ART. 22 - CRIMES AGAINST HUMANITY.

ART. 23 - CRIMES AGAINST BODILY AUTONOMY.

ART. 24 - CRIMES AGAINST PRIVATE PROPERTY.

ART. 25 - CRIMES AGAINST THE STATE.