The Abala (Constitution) Act 1978 is a bill currently debated by the Abalan House of Commons, submitted by Leader of the House of Commons, Roland Knightly, as the first step in repatriating the Constitution of Abala. It contains provisions for enacting the Constitution along the same lines as the Abala Act 1929, and formally requests the Constitution's repatriation. It also amends the Articles on the Senate, striving to make it more accountable while maintaining the Senate as a house of sober second thought.

Text of the ActEdit

AN ACT to amend and repatriate the Constitution of the Dominion of Abala; and to request an end to the constitutional amending powers of the Parliament of the United Kingdom;

BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the House of Commons and Senate of Abala, in Parliament assembled, and by the authority of the same, as follows:-


PREAMBLE
Most Gracious Sovereign!-

WE, your Majesty's humble subjects, the people of Abala, in order to form a strong and coherent national entity wherein respect for law and one's fellow citizens are clearly established, and in which certain rights protect the People from the Government, and so that the Government may remain democratic, hereby beseech Your Majesty codify and put faith in this Constitution, that it may empower us, and enact as follows:


Article 1: Abala
(1) The Dominion of Abala (hereafter referred to as "Abala") shall be an independent, Democratic Nation-State within the Commonwealth of Nations, surrounded by sea on all sides. 
(2) The National Languages of Abala shall be English and Abalese;
(3) Parliament has the authority to enact, as part of this Constitution, National Symbols by a two-thirds majority of its members; and the following shall be enacted as National Symbols:
(3A) the Royal Anthem "God Save the Queen";
(4) Citizenship of Abala shall be extended automatically to all those that have been born or raised in Abala, to those that were raised in Abala and choose to become Citizens of Abala upon entering into adulthood; to those children of Abalans living abroad if their parents so desire; or those that have lived in Abala for at least 25 years and make a successful application for citizenship;

Article 2: Parliament
(1) The legislative authority of Abala shall be vested in a Parliament, which shall consist of the Crown and two chambers (Houses of Parliament) to be known as the House of Commons and the Senate.
(2) The Crown shall from time to time summon Parliament and shall not allow six months to elapse between the last sitting in one session and the date appointed for its first meeting in the next session; and upon being summoned, both chambers shall be in session continuously during this period
(3) The Crown may prorogue or dissolve Parliament; Parliament unless sooner dissolved shall continue for five years from the date of its first meeting and shall then stand dissolved.
(4) Whenever Parliament is dissolved shall continue for five years from the date of the dissolution and Parliament shall be summoned to meet on a date not later than one hundred and twenty days from that date.
(5) A Bill pending in Parliament shall not lapse by reason of the prorogation of Parliament.
(6) A Bill pending reconsideration by Parliament shall not lapse by reason of the prorogation or dissolution of Parliament.
(7) A Bill pending the assent of the Crown shall not lapse by reason of the prorogation or dissolution of Parliament.
(8) The Crown may address either House of Parliament or both Houses jointly;

Chapter I: The Senate
(1) The Senate shall consist of a number of members, styled Senators, five for each province; and the Crown shall, with the advice and consent of the Legislative Assembly of a province electing such Senators from a number of party lists, appoint Senators.
(2) Members of the Senate shall hold office in terms of five years, subjected to Article 2A(1)-(4) as follows:-
(1) Any member of the Senate may at anytime resign his membership by writing under his hand addressed to the Governor-General.
(2) Membership to the Senate shall not be affected by the dissolution of the House of Commons.
(3) A member of the Senate may be removed from office by virtue of any law enforced which shall disqualify such person from holding such office.
(4) The term of a member of the Senate for a certain Province shall be ended immediately upon the dissolution of the relevant Province's Legislative Assembly;

(3) The Senate shall have the following powers:-
i. To hold Her Majesty's Government to account;
ii. To withhold the passage of laws from the House of Commons for no more than 2 years;
iii. To conduct a parliamentary inquiry;
iv. To make inquiries of Cabinet Ministers and public officials, as further defined by the Standing Orders of the Senate;
v. To scrutinise the legislation passed by the House of Commons, and the House of Commons shall notify Senate in the event of any legislation passing that House.
vi. To exercise all powers vested in it by virtue of this Constitution or any other law enforced in its discretion.
(4) Senators shall sit in the Senate for terms of 5 years; and whereas they are members of parliament, their presence while Parliament is in session shall only be mandatory on the day of the week the Chamber has set for its deliberations.
(5) In the event of death, resignation or disqualification of a Provincial Senator, the Crown shall appoint a new Senator for that Province, with the advice and consent of the Legislative Assembly.
(6) Meetings of the Senate shall be presided by the Governor General who shall have no vote save in order to break a tie.
(6A) In the absence of the Governor-General, the Senate shall elect among its membership a Speaker of the Senate who shall exercise such powers of the presiding officer until such absence has ceased.
(7) This Chapter shall not be so construed as to disqualify any present special Senators;
(7A) Provisions for the expiration of the terms of presently appointed special Senators shall be set into a timeframe by order of the Secretary of State;

Chapter II: The House of Commons
(1) The House of Commons shall consist of a number of representatives, referred to as Members of Parliament, that shall be elected by popular vote from Electorates around the country every fourth year; where the Number of Representatives shall not exceed one for every 150,000 persons, but each Province shall have at least one Representative.
(2) The House of Commons shall have powers:-
i. To Propose and Prepare Laws;
ii. To hold Her Majesty's Government to account;
iii. To raise certain duties to defray the nations public expenses
iv. To beseech the Crown to cease withholding royal assent on legislation by means of a 2/3 vote of its members;
v. To conduct a parliamentary inquiry; and
vi. To exercise such powers vested in it by this Constitution or any other law enforced.
(3) Her Majesty’s Government shall cause its initiatives, programmes and agenda to be laid before the House of Commons and the House shall have power to access such information it render necessary to discharge its constitutional duty.
(4) Members of Parliament have the right to make inquiries of Cabinet Ministers, as further defined by the Standing Orders of Parliament,
(5) A casual vacancy among members of the House of Commons such vacancy or casual vacancy shall be filled within sixty days from the date on which it is established by the Speaker that there is a vacancy, and an election shall be held or an appointment made accordingly:

Provided that failure to make any such appointment within the period specified in this Clause shall not invalidate any appointment made out of time:

Provided further, if a casual vacancy in the House of Commons is established on a date within six months of the date Parliament shall stand dissolved, such casual vacancy shall not be filled.
(6) Every member of either House of Parliament shall before taking his seat take and subscribe before the person presiding in the House an oath in the form set out by law, but a member may before taking that oath take part in the election of a President of the Senate or Speaker of the House of Representatives.

Article 3: The Executive
(1) The executive authority of the Dominion shall be vested in the Crown and exercisable, subject to the provisions of any law by him or by the Cabinet or any Minister authorised by the Cabinet, but Parliament may by law confer executive function on other persons.
(2) In the exercise of his functions under this Constitution or federal law, the Crown shall act in accordance with the advice of the Cabinet or of a Minister acting under the general authority of the Cabinet, except as otherwise provided by this Constitution; but shall be entitled, at his request, to any information concerning the government of the Dominion which is available to the Cabinet.
(3) The Crown shall appoint a Cabinet of Ministers to advise him in the exercise of his functions as follows:

(a) the Crown shall first appoint as Prime Minister to preside over the Cabinet a member of the House of Commons who in his judgement is likely to command the confidence of the majority of the members of that House; and
(B) he shall, on the advice of the Prime Minister, appoint other Ministers and other public ministers from among the members of either House of Parliament;

But if an appointment is made while parliament is dissolved a person who was a member of the last House of Commons may be appointed but shall not continue to hold office after the beginning of the next session of Parliament unless, if he has been appointed Prime Minister, he is a member of the new House of Commons, and in any other case he is a member either of that House or of the Senate.

(4) The Cabinet shall be collectively responsible to Parliament and the Crown.
(5) If the Prime Minister ceases to command the confidence of the majority of the members of the House of Commons, then, unless at his request the Crown dissolves Parliament, the Prime Minister shall tender the resignation of the Cabinet.
(6) Subject to Clause (5), Ministers other than the Prime Minister shall hold office during the pleasure of the Crown, unless the appointment of any Minister shall have been revoked by the Crown on the advice of the Prime Minister but any Minister may resign his office.
(7) Notwithstanding anything in this Article, a person who is a citizen by naturalization or by registration shall not be appointed Prime Minister.
(8) Parliament shall by law make provision for the renumeration of members of the Cabinet.
(9)The Government shall be liable to Parliament for their acts of commission and omission, and shall answer any questions on their policy truthfully or be found in contempt of Parliament.
(10) Cabinet shall have the authority:-
(i) To make decisions under the Royal Prerogative regarding Government Policy on behalf of the Crown while acting as a committee of the Crown's Privy Council for Abala; and these orders shall be referred to as "Orders-in-council";
(ii) To decide whether certain Legislation is to be moved to debate in Parliament, at the discretion of the Leaders of the respective House, who shall be Ministers of the Cabinet;
(iii) To present an annual Act to raise certain duties in order to defray money for the nation's public expenses, or "Finance Act";
(11) Individual Ministers may head certain Government Ministries or Departments dealing with one or more responsibilities of Government and shall have the power to-:
(i) Make inquiries of the Civil Service in said Ministries;
(ii) Make decisions regarding Government Policy falling within their Ministry's purview, to be executed by the Civil Service after consent of the Crown;
(iii) Establish commissions ordered to investigate a certain phenomenon, and appoint their membership;
(12) Secretaries of State shall be junior Ministers of the Cabinet, responsible to Parliament in equal degree and exercising equal powers to a Minister, but responsible for certain areas within a Department's purview and liable to their Minister;
(13) In the event of absence, death, decapacitation or resignation of the Prime Minister, the Deputy Prime Minister shall act as Prime Minister until either the such disability ceases or a new Prime Minister is appointed;
(14) All members of the Cabinet shall be members of the Crown's Privy Council for Abala for life.

Article 4: The Crown
(1) There shall be a Supreme Head of the Dominion, who shall concurrently be the Monarch of the United Kingdom of Great Britain and Northern Ireland and of his other Realms and Territories, who shall take precedence over all persons in the Dominion and shall not be liable to any proceedings whatsoever in any court.
(2) The Crown shall at his discretion appoint a Governor General for Abala to represent him in Abala; and the Governor General shall exercise all royal powers in the absence of the Crown.
(3) The Crown may act in his discretion in the performance of the following functions, that is to say -
(a) the appointment of a Prime Minister;
(B) the withholding of consent to a request for the dissolution of Parliament;
And in any other case mentioned in this Constitution.
(4) The Crown shall be the Supreme Commander of the armed forces of the Dominion.
(5) The Crown has power to grant pardons, reprieves and respites in respect of all offences which have been tried by court-martial and all offences committed in the Dominion and shall exercise such powers on the advice of the Board of Pardons to be created by law.
(6) The Crown shall, by recommendations and advice of Parliament, have the authority:
(i) To appoint members of the Supreme Court and judges of the courts established by law;
(ii) To promulgate the proclamation of war;
(iii) To, concurrently on the advice of the Cabinet, undertake military action in his capacity as the Supreme Commander in Chief of the Armed Forces.
(7) The Governor-General shall at all times be a citizen of Abala;
(8A) The Monarch has the power-:

i) To assent to legislation passed to him by Parliament, after which it shall become an Act of Parliament;
ii) To veto legislation passed to him by Parliament;
iii)To attend all meetings of Parliament without a vote;

(9) the Governor-General shall serve subject to the following provisions:
a) The Governor General shall not be a member of any other branch of government, either legislative or judicial, whilst he remains in office;
b) The Governor General shall be the ex officio Presiding Officer of the Senate;

(10) Her Majesty shall, in all affairs of state, be advised by the Privy Council for Abala; and in this Council, she shall have the prerogative to issue Orders-in-Council;

Article 5: Legislative Process
Chapter 1: General Provision
(1) The power of Parliament to make laws shall be exercised by Bills passed by both Houses (or, in the cases mentioned in Article 68, the House of Commons) and, except as otherwise provided in this Article, assented to by the Crown.
(2) Subject to Article 67, a Bill may originate in either House.
(3) When a Bill has been passed by the House in which it originated it shall be sent to the other House; and it shall be presented to the Crown for his assent when it has been passed by the other House and agreement has been reached between the two Houses and any amendments made in it or when it is required to be so presented under Article 68.
(4) The Crown shall within thirty days after a Bill is presented to him -
(a) assent to the Bill by causing the Public Seal to be affixed thereto; or
(B) if it is not a money Bill, return the Bill to the House in which it originated with a statement of the reasons for his objection to the Bill, or to any provision thereof.
(4A) If the Crown returns a Bill to the House in which it originated in accordance with Clause (4)(B), the House shall as soon as possible proceed to reconsider the Bill.

If after such reconsideration the Bill is passed by the votes of not less than two-thirds of the total number of members of that House in the case of a Bill for making any amendment to the Constitution other than any amendment excepted pursuant to Chapter 4 of this Article, and by a simple majority in the case of any other Bill, with or without amendment, it shall be sent together with the objections to the other House, by which it shall likewise be reconsidered, and if similarly approved by members of that House, the Bill shall again be presented to the Crown for assent and the Crown shall give his assent thereto within thirty days after the Bill is presented to him.
(4B) If a Bill is not assented to by the Crown within the time specified in Clause (4)(a) or (4A) hereof, it shall become law at the expiration of the time as specified in Clause (4)(a) or (4A), as the case may be, in the like manner as if he had assented to it.
(5) A Bill shall become law on being assented to by the Crown or as provided in Clause (4B), but no law shall come into force until it has been published, without prejudice, however, to the power of Parliament to postpone the operation of any law or to make laws with retrospective effect.

Chapter 2: Legislating the Consolidated Fund
(1) A Bill or amendment making provision (whether directly or indirectly) for -
(a) Imposing or increasing any tax or abolishing, reducing or remitting any existing tax;
(B) The borrowing of money, or the giving of any guarantee, by the Dominion, or the amendment of the law relating to the financial obligations of the Dominion;
© the custody of the Consolidated Fund, the charging of any money on the Consolidated Fund or the abolition or alteration of any such charge;
(d) the payment of moneys into the Consolidated Fund of the payment, issue or withdrawal from the Consolidated Fund of any moneys not charged thereon, or any increase in the amount of such a payment, issue or withdrawal;
(e) the compounding or remission of any debt due to the Dominion;
(f) the assignment of a tax or fee or the making of a grant to any Region;
(g) the receipt of moneys on account of the Consolidated Fund or the custody or issue of such moneys or the audit of the accounts of the Dominion or a Region;
being provision as respects which the Secretary of State charged with responsibility for finance signifies that it goes beyond what is incidental only and not of a substantial nature having regard to the purposes of the Bill or amendment shall not be introduced or moved except by a Minister, and a Bill making any such provision shall not be introduced in the Senate.
(2) A Bill or amendment shall not be deemed to make provision for any of the said matters by reason only that it provides -
(a) for the imposition or alteration of any fine or other pecuniary penalty or for the payment or demand of a licence fee or a fee or charge for any service rendered; or
(B) for the imposition, alteration or regulation of any tax or rate by any local authority or body for local purposes.

Chapter 3: Money Bill
(1) Where a money Bill is passed by the House of Commons and, having been sent to the Senate at least one month before the end of the session, is not passed by the Senate without amendment within a month, it shall be presented to the Crown for his assent unless the House of Commons otherwise directs.
(2) Where -
(a) a Bill which is not a money Bill is passed by the House of Commons and, having been sent to the Senate at least one month before the end of the sessions, is not passed by the Senate or is passed by the Senate with amendments to which the House of Commons does not agree; and
(B) in the following session (whether of the same Parliament or not) but not earlier than one year after it was first passed by the House of Commons the same Bill, with no other alterations than those mentioned in Clause (3), is passed again by the House of Commons and sent to the Senate at least one month before the end of the session and is not passed by the Senate or is passed by the Senate with amendments to which the House of Commons does not agree, the Bill shall, unless the House of Commons otherwise, directs, be presented to the Crown for his assent with such amendments, if any, as may have been agreed to by both Houses.
(3) The alterations referred to in Clause (2) are alterations certified by the Speaker of the House of Commons to be necessary owing to the time which has elapsed since the Bill was passed in the earlier session or to represent amendments made in that session by the Senate.
(4) When a Bill is presented to the Crown in pursuance of this Article it shall bear a certificate of the Speaker of the House of Commons that the provisions of this Article have been complied with, and that certificate shall be conclusive for all purposes and shall not be questioned in any court.
(5) This Article does not apply to any Bill for making any amendment to this Constitution, other than an amendment excepted from the provisions of Chapter 4 to this Article.
(6) In this Article "money Bill" means a Bill which, containing in the opinion of the Speaker of the House of Commons only provision dealing with all or any of the following matters, that is to say -
(a) the matters mentioned in Chapter 2(1) or the regulation of any tax;
(B) the reduction of any such amount as is mentioned in paragraph (d) of Chapter 2(1); and
© any matter incidental to those matters or any of them, is certified by him as a money Bill.

Chapter 4: Amendments to the Constitution
(1) Subject to the following provisions of this Chapter, the provisions of this
Constitution may be amended by law.
(2) A Bill for making any amendment to the Constitution and a Bill for making any amendment to any law with such effect shall not be passed in either House of Parliament unless it has been supported on Second and Third Readings by the votes of not less than two-thirds of the total number of member of that House.
(3) For Bills other than Constitutional Amendments, I shall be exempted from the requirement of this Chapter.
(6) In this Article "amendment" includes addition and repeal.
(a) "Province" includes any territory.

Article 6: Provincial Government
(1) Provincial Government shall be vested in a legislative chamber, called the Legislative Assembly (hereafter referred to as "the Assembly"), and an executive called "Her Majesty's Provincial Government" (hereafter referred to as "the Government");
(2) The Legislative Assembly shall consist of a number of elected representatives, referred to as Members of the Assembly, elected by an equal number of Electorates, at least every 4 years;
(3) Electorates shall be determined in the following way –
i) One Electorate shall hold no more than 15,000 people;
(4) The Provincial Governments shall be responsible for the Province's Infrastructure, Planning, Housing, Security, Environment and Civil Services on the provincial scale, as well as such other responsibilities Parliament may by Act delegate;
(5) The Provincial Government shall consist of a Provincial Premier, who is Head of the Provincial Government, and a Provincial Secretary for each of the responsibilities mentioned in the above clause;
(6) The Provincial Government shall be appointed by the National Government under the royal prerogative, at the advice of the Legislative Assembly of the respective Province or, if the Legislative Assembly so orders, a provincial referendum; he shall be a member of the Legislative Assembly and shall need the confirmation of a simple majority of the Legislative Assembly;
(7) The Provincial Secretaries shall be appointed by the Provincial Commissioner; they shall head individual Provincial Departments and shall be responsible for the Provincial Government's policy within their Department's purview; and they shall all be Members of the Legislative Assembly;
(8) It shall be the duty of the Provincial Government to present to the Legislative Assembly proposals for policies referred to as "Provincial Acts" for its approval in order to execute the duties inferred upon the Staten Council under clause (4).
(9) The Provincial Government or any individual member of it shall at all times retain the support of a majority of the Legislative Assembly; and if by a motion of No Confidence it appears this is not the case, the Provincial Government or the respective member of it shall offer their (or his) resignation to the National Government immediately; and if the entire Provincial Government resigns, the Legislative Assembly shall call Provincial Elections or ask the National Government to appoint a new Provincial Commissioner;
(10) In the event of death, absence, decapicitation or resignation of a Provincial Commissioner, the Deputy Provincial Commissioner shall act as Provincial Commissioner until there is a duly appointed Provincial Commissioner to take over or take back the duties of the Provincial Commissioner;
(11) For a Provincial Act to take effect it shall need to:
(i) be adopted by a majority vote of the Legislative Assembly;
(ii) signed by the Provincial Commissioner for presention to the National Government;
(iii) signed into effect by the Minister of the Interior or the Prime Minister on behalf of the National Government; and if the Government refuses to sign, they can be compelled to do so by a two-thirds majority of the Legislative Assembly, provided the Provincial Act in question is legal in accordance with this Constitution;
(iv) granted royal assent by the Monarch or his Governor General;
(12) In the event of death, decapacitation or resignation of a Member of the Legislative Assembly, the Electorate he represents shall immediately call a by-election to elect a new Member of the Legislative Assembly;
(13) This Constitution, Acts of Parliament and Orders-in Council shall always take precedence over Provincial Acts;

Article 7: The Judiciary
1) The Judicial Power of Abala shall be vested in the Supreme Court of Abala and a number of Provincial and Municipial Courts;
2) There shall be 7 Supreme Court Justices whom shall be nominated by the Monarch and confirmed by the House of Commons
3) From their number they will apooint a President of the Supreme
4) Each of the 7 Justices shall hold office until
a. He dies
b. He resigns
c. He reaches the age of 80 years
5) the Supreme Court shall determine the constitutionality of legality issues brought before it; and they shall consider appeals from the provincial courts;

6) There shall be a Circuit Court for each province; and a number of local Courts, known as District Courts under a province, consisting of one or more municipalities as established by Act of Parliament;
7) Each Circuit or District Court shall have a Head Justice; he shall be nominated by the Monarch with the advice of the Province's Provincial Commissioner, and shall be confirmed by the Legislative Assembly;
8) The Head Justice of a District or Circuit Court shall hold office until
a. He resigns
b. He dies
c. He reaches the age of 80 years
9) Each Circuit or District Court shall consist of two to four other Justices; they shall be nominated by the Provinical Commissioner for a Province with consent of the National Government, and shall be confirmed by the Legislative Assembly;
10) A justice of a Circuit or District Court shall hold office until
a. He resigns
b. He dies
c. He reaches the age of 80 years

11) Circuit Courts shall have jurisdiction over both criminal cases concerning a felony and civil cases on the provincial scale; and they shall consider appeals from the DistrictCourts;
12) District Courts shall have jurisdiction over both criminal cases concerning a misdemeaneour and civil cases on the local scale;
13) Parliament may create other courts as deemed nessecary

Article 8: Referenda and Electoral Eligibility
a) All citizens of Abala above 18 years shall be eligible to vote in Local and General Elections, as well as Referenda;
B) All citizens of Abala above 18 years and without a Criminal Record shall be eligible to stand for Parliament 
c) All citizens of Abala above 18 years and without a Criminal Record living within a certain municipality or Province shall be eligible to stand for election to the respective Legislative Assembly or Municipial Council;
d) Parliament shall have the right to, by Act, call a referendum on a certain issue;
e) A referendum is a question put to the people on advisory grounds to Parliament, and it shall be-
i) Answerrable by a multiple-choice answer;
ii) Set to be held on a certain day, no earlier than a month after the referendum has been called, and which the National Government may, by order, appoint;
iii) Non-binding;
f) A referendum can be held on the national scale, the provincial scale or the municipial scale; and referenda on the provincial scale and on the municipial scale can be called by either Parliament, the respective Provinical Council or the respective Municipial Council;
g) The only binding referendum is a referendum concerning a Constitutional Amendment, as detailed in Article 9 of this Constitution;

Article 9: Enactment, Legal Order of Precedence and Amendment Process
a) This Act shall enter into force upon letters patent by Her Majesty proclaiming this Act as a Statutory Instrument;
B) Such letters patent shall only be given if, by Act of the Parliament of the United Kingdom, all legislative powers of the Parliament of the United Kingdom over Abala shall be ended, including the powers to amend the Constitution;
c) After entry into force of this Act, a copy of it shall be deposited in Government archives; 
d) In the year following the entry into force of this Act, elections shall be called for the Municipial Councils and Legislative Assemblys as detailed in their respective articles;
e) This Constitution shall take legal precedence over all present and future Acts of Parliament, Executive Orders, Cabinet Policies, Motions, Provincial Acts and Orders of Municipial Councils;
f) The Constitution may, by Act of Parliament, be amended by a two-thirds vote of parliament and a consequent majority vote in the affirmative at a referendum; and these Amendments shall enter into force upon the affirmation by referendum;g) This Act may be cited as the "Abala (Constitution) Act 1978" or "the Constitution of Abala";