Procapitalism. The new United Ireland Constitution, 2006. An Open Source project. v.1.0.

This is the world's first Open Source constitution, which is entirely based on the philosophy of Laissez Faire Capitalism. It will be developed and amended with the help of leading academics, who will be accredited for the valuable input they have provided.

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Version 1.0
March 07, 2006.
changelog
Notes of things to do

The new United Ireland constitution, 2006.

Why the need for a new constitution.

Because of various arrangements between the British and Irish governments with respect to the future of Northern Ireland, an integral, yet contested part of of the United Kingdom, and the inexorable slip into the socialist anarchy advocated by the Sinn Fein party, it has become absolutely necessary to consider a united Ireland based upon a new constitution founded upon the principles of laissez faire capitalism.

This new constitution will properly address the false concept of moral equivalence, the seedbed for contemporary terrorism. The role of government. The role of the individual within society. And the individual's expectations of what the role of government is.

All of this is vital, so that democracy, which is simply a process to enable the individual to peacefully change the government, is not used as a process to legitimise destructive government allied to terrorist tyranny, the hallmark of all socialist regimes.

It is expected that this new Irish constitution will be a template for all EEC member states and non-EEC states, so that the individual, from whatever state, can freely and properly interact by way of free and voluntary trade, as advocated by laissez faire capitalism.

A new flag for a United Ireland.

Why the need for a new flag for a United Ireland.

Because Northern Ireland is strongly associated with the Protestant tradition by way of the Union Jack and the Irish Republic is strongly associated with the Roman Catholic tradition by way of the Tricolor, it is essential that a United Ireland be divorced from both of these associations in its new flag. To this end, a new design has been created. This new design embodies internationally recognised devices, in a sufficiently novel way, consistent with the intention of this constitution under laissez faire capitalism.

The Moving Forward United.

From the hoist side, this flag’s field is composed of three equal vertical areas of red, white and blue, with a crossed pair of palm branches surrounding a circle of twelve stars, placed in the centre of the flag’s field. The crossed palm branches are internationally recognised as symbols of peace. The twelve stars are directly associated with the EEC, of which, Ireland is a member. The crossed palm branches and the twelve stars are of the colour: International Orange.

This design is intended to convey freedom, peace and harmony.

This flag is known as: The Moving Forward United.

Version 1.0 will be very much based on an edited and modified form of the American constitution, the Bill of Rights, and the Amendments. So anyone viewing, and wishing to comment on the progress of version 1.0, should acquaint themselves with the American constitution, the Bill of Rights, and the Amendments. All of this can be found at the following link:

The Constitution of the United States of America

As this constitution progresses to higher version numbers, previous versions will still be available as a .pdf file in the archive section. The changelog will run continuously for all versions, to make for easier viewing of progress.

Preamble:

I do agree to this constitution, so that the united island of Ireland is governed by a a valid and democratically elected government. Said valid and democratically elected government shall be exclusively subject to a proper understanding and implementation of laissez faire capitalism, so that my freedom of opportunity at the going rate of profit, including my individual rights, my property rights, and the private ownership of all property, for now, and for the future, is properly protected.

The Official Language:

The official language of the United Ireland for all verbal and written communication and official documentation shall be English, as specified by the Oxford English Grammar and Oxford English Dictionary.

The Assembly, Assembly President and Vice-President:

All legislative powers herein granted shall be vested in an Assembly of Assembly Members.

Assembly Members shall be chosen every six years by the electorate of the designated electoral areas. An individual may offer his candidacy to be an Assembly Member when that individual is not less than thirty years of age, and has been a registered citizen for not less than five years. In addition, any such individual must be recognisably and sufficiently qualified in the details pertaining to the proper understanding of laissez faire capitalism, as defined by, or properly developed from, the principles embodied in the British classical and Austrian schools of economics.

Each designated electoral area, can elect only one Assembly Member. And that Assembly Member shall have only one vote.

When vacancies occur in the Assembly, from any designated electoral area/s, an election to fill such vacancies, will be called at the earliest opportunity.

The Assembly Members shall choose their speaker and other officers. The Assembly Members shall also choose, upon at least a seventy-five percent agreement, an Assembly President, and the Assembly shall have the sole power of impeachment. The Assembly President shall have sole power to choose his Vice-president. The term of the Assembly and its President shall run concurrently.

The Vice-president of the Assembly shall have no vote, unless that vote is required to resolve a deadlock. The Assembly President has no voting rights, under any circumstances.

The Assembly Members shall have the sole power to try all impeachments. When the Assembly President is tried, the Chief Justice shall preside: And no Assembly President shall be convicted without at least a seventy-five percent concurrence by the Assembly Members.

Judgment in cases of impeachment shall not extend further than the removal from office, and disqualification to hold and enjoy any office of government under the United Ireland: but the individual convicted shall nevertheless be liable and subject to indictment, trial, judgment and punishment, according to law.

Elections for Assembly Members, except for extraordinary circumstances, shall take place at the end of a full six year term. The Assembly shall assemble on five days per week.

The Assembly Members shall receive a compensation for their services, to be ascertained by law, and paid out of the treasury. They shall in all cases, except treason, felony and breach of the peace, be privileged from arrest during their attendance at the session of the Assembly, and in going to and returning from the same; and for any speech or debate therein shall not be questioned in any other place.

The Assembly shall have power to lay and collect taxes sufficient for the purpose of protecting individual rights and property rights by way of the law, the police and the armed services. The Assembly shall have no tax raising powers to enable the government to act in conflict with that which is properly conducted by way of private business. Nor will the assembly be empowered to borrow money on the credit of the United Ireland

The Assembly shall have power to establish a uniform rule of naturalization, and uniform laws on the subject of bankruptcies throughout the United Ireland.

The Assembly shall have power to coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures;

The Assembly shall have power to provide for the punishment of counterfeiting the securities and current coin of the United Ireland.

The Assembly shall have power to promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries. That is, patents and copyrights.

The Assembly shall have power to define and punish piracies and felonies committed on the high seas, and offenses against the law of nations.

The Assembly shall have power to declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water;

The Assembly shall have power to raise and support a full time and professional army, navy and air force.

The Assembly shall have power to make rules for the government and regulation of the land and naval forces.

The Assembly shall have power to provide for calling forth the armed forces to execute the laws of the union, suppress insurrections and repel invasions.

The Assembly shall have power to make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United Ireland, or in any department or officer thereof.

The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the safety of the United Ireland may require it.

No money shall be drawn from the treasury, but in consequence of appropriations made by law; and a regular statement and account of receipts and expenditures of all public money shall be published from time to time.

No title of nobility shall be granted by the Assembly of the United Ireland: and no person holding any office of profit or trust, shall accept of any present, payment, office, or title, of any kind whatever, from any representative of a foreign state.

No designated electoral area shall enter into any treaty, alliance, or confederation; grant letters of marque and reprisal; coin money;or emit bills of credit; pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts, or grant any title of nobility.

No designated electoral area shall have the power to lay or collect taxes.

No designated electoral area shall keep an independent armed force, or enter into any agreement or compact with another state, or with a foreign power, or engage in war.

The President:

The executive power shall be vested in a President of the United Ireland. He or she shall hold this office during the term of six years, and, together with the Vice President, chosen for the same term, be elected by at least seventy-five percent of Assembly Members.:

No person except a natural born citizen, or a citizen of the United Ireland, at the time of the adoption of this Constitution, shall be eligible to the office of President; neither shall any person be eligible to that office who shall not have attained to the age of thirty five years, and been ten years a resident within the United Ireland.

In case of the removal of the President from office, death, resignation, or inability to discharge the powers and duties of the said office, the same shall devolve on the Vice President, and the Congress may by law provide for the case of removal, death, resignation or inability, both of the President and Vice President, declaring what officer shall then act as President, and such officer shall act accordingly, until the disability be removed, or a President shall be elected.

The President shall, at stated times, receive for services rendered, a compensation, which shall neither be increased nor diminished during the period for which he or she shall have been elected, and he or she shall not receive within that period any other compensation from the United Ireland.

Before he or she enter on the execution of his office, he or she shall declare the following:

"I do agree that I will faithfully execute the office of President of the United Ireland, and will to the best of my ability, preserve, protect and defend the Constitution of the United Ireland."

The President shall be commander in chief of the armed forces of the United Ireland, and shall have power to grant reprieves and pardons for offenses against the United Ireland, except in cases of impeachment.

The President shall have power, by and with the advice and consent of the Assembly, to make treaties, provided seventy-five percent of the Assembly Members present concur; and he shall nominate, and by and with the advice and consent of the Assembly, shall appoint ambassadors, other public ministers and consuls, judges of the Supreme Court, and all other officers of the United Ireland, whose appointments are not herein otherwise provided for, and which shall be established by law: But the Assembly may by law vest the appointment of such inferior officers, as they think proper, in the President alone, in the courts of law, or in the heads of departments.

The President shall have power to fill up all vacancies that may happen during the recess of the Assembly, by granting commissions which shall expire at the end of their next session.

The President shall from time to time give to the Assembly information of the state of the United Ireland, and recommend to their consideration such measures as judged necessary and expedient. The President shall receive ambassadors and other public ministers; he shall take care that the laws be faithfully executed, and shall commission all the officers of the United Ireland.

The President, Vice President and all civil officers of the United Ireland, shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors.

The Judiciary:

The judicial power of the United Ireland, shall be vested in one Supreme Court, and in such inferior courts as the Assembly may from time to time ordain and establish. The judges, both of the supreme and inferior courts, shall hold their offices during good behaviour, and shall receive for their services, a compensation, which shall not be diminished during their continuance in office.

The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United Ireland, and treaties made, or which shall be made, under their authority;--to all cases affecting ambassadors, other public ministers and consuls;--to all cases of admiralty and maritime jurisdiction;--to controversies to which the United Ireland shall be a party;--to controversies between two or more states;--between a state and citizens of another state;--between citizens of different states;--between citizens of the same state claiming lands under grants of different states, and between a state, or the citizens thereof, and foreign states, citizens or subjects.

In all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be party, the Supreme Court shall have original jurisdiction. In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Assembly shall make.

The trial of all crimes, except in cases of impeachment, shall be by jury; and such trial shall be held at such place or places as the Assembly may by law have directed.

Treason against the United Ireland, shall consist only in levying war against it, or in adhering to its enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court.

The Assembly shall have power to declare the punishment of treason, but no attainder of treason shall work corruption of blood, or forfeiture except during the life of the person attainted.

Bill of Rights and additions.

The Assembly shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances, so long as none of these are pursued through the use of physical force or psychological duress, and do not violate the rights of private property owners.

The Assembly shall make no law prohibiting the right of the individual to keep and bear weapons, for the purpose of self-defense.

No soldier shall, in time of peace be quartered on any private property, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law.

The right of the individual to be secure in their person, home, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the individual or individuals or things to be seized.

No Individual shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or armed forces, when in actual service in time of war or danger to the state; nor shall any individual be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for others' use, without just compensation.

In all criminal prosecutions, the accused shall enjoy the right to a speedy and open trial, by an impartial jury of the state and shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against them; to have compulsory process for obtaining witnesses in their favour, and to have the assistance of counsel for their defence.

In suits at common law, where the value in controversy is not deemed petty, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United Ireland, than according to the rules of the common law.

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the individual.

The powers not delegated to the United Ireland by this Constitution, are reserved by the individual.

The judicial power of the United Ireland shall not be construed to extend to any suit in law or equity, commenced or prosecuted against the United Ireland by indivuals of any foreign state.

The right to vote shall not be denied or abridged by the United Ireland on account of race, color, or previous condition of servitude. The Assembly shall have the power to enforce this article by appropriate legislation.

The right to vote, of anyone who is 18 years of age or older, shall not be denied or abridged by the United ireland. The Assembly shall have the power to enforce this article by appropriate legislation.