The foundational document establishing the principles, rights, and governance structure of the Bakk'a republic.
We, the people of the Bakk'a Republic, hereby decree our acceptance to the establishment of this constitution in order to promote justice, fairness, equality, freedom, and the pursuit of security and happiness for all.8
The freedoms and rights granted in this article are available to every person in the republic, regardless of gender, race, nationality, color, creed, or social standing. Such freedoms and rights may not be suspended, diluted, or obstructed except by due process of law and only to the extent permitted by this constitution.
All persons are equal before the law and shall be entitled to equal protection and equal benefit of the law without favoritism, discrimination, or prejudice.
The republic, its courts, and all public authorities shall apply the law equally and shall not deny protection, process, opportunity, or remedy to any person on arbitrary or discriminatory grounds.
All persons have the right of free speech, freedom of the media, the right to assemble, and the right to protest peacefully. 11
All persons have the right to believe in any faith or religion they may see fit, or to reject any faith or religion. The freedom of faith includes the establishment of temples, mosques, synagogues, churches, and any other constructs used for such purpose, provided they do not violate the laws of the republic. 12
All persons may travel freely throughout the public lands of the republic, exit and/or enter its borders, in a legal manner, with no hindrance or delay. Such right extends to include the lawful movement of goods. 13
All persons have the right to privacy against spying, eavesdropping, unlawful surveillance, trespassing, entering homes without lawful permission, unlawful search or seizure, and obtaining, keeping, and/or sharing private information without just cause and lawful authority. 14
All persons have the right to seek to possess wealth, and/ or assets, and/or to engage in trade, industry, commerce, labor, profession, craft, and/or any other legally sanctioned activities. 15
No property, land, home, business, or lawful possession shall be taken, occupied, destroyed, or restricted by the republic except for a lawful public purpose, under due process of law, and with just compensation where compensation is due.
All persons have the right to be granted security, education, basic public services, and equal employment opportunities within the ability of the republic and in accordance with law. 16
All persons are to be granted equal rights and opportunities irrespective of race, gender, color, faith, and any other discrimination. 17
No person shall be deprived of life, liberty, property, citizenship, or legal status except by due process of law and by the judgment of a lawful court or lawful authority acting within the constitution. 18
All persons shall have the right to petition the government, seek redress of grievances, and bring lawful complaints before the courts and public authorities of the republic.
Children, minors, and dependents shall have the right to protection, care, education, identity, and such other safeguards as may be established by law consistent with this constitution.
All adult citizens of the republic shall have the right to vote, seek office where qualified by law, and participate in public affairs in accordance with this constitution and the laws of the republic.
The legislative powers of the republic shall be vested in an elected national council that shall be representative of the people and which shall conduct its business through the process of open discussion and consultation in all matters.19
Elections will be based on districts, whereby each district is defined as an independent area with a minimum citizen population of one percent of the total population of the republic.
Areas that have populations below one percent shall have their number added to the nearest geographic area until that number reaches or exceeds one percent. Seats for the national council will be allotted on the basis of a minimum of one seat for every district, with districts having populations in multiples of one percent being allotted one extra seat for each multiple.
Persons eligible for the national council must be citizens, male or female, forty years of age or older, of sound mind and character and must be residents of the district they are elected from.20
Eligible voters are the male and female citizens who have reached the age of eighteen or older.
Voting shall be conducted in a lawful manner that preserves fairness, secrecy, and integrity, and the republic may provide for absentee, remote, or special voting procedures for citizens who are abroad, in military service, in lawful detention without conviction, ill, disabled, or otherwise unable to be physically present, provided such procedures remain secure and transparent.
Seats to the national council will be granted to those nominees who achieve a majority vote from the district where they reside. If no nominee achieves a majority vote, then a second vote shall be held in accordance with law between the two nominees who received the highest number of votes. If two or more nominees are tied in a manner that affects the result, then the tie shall be resolved by a fresh vote conducted according to law.
National council members, unless re-elected, shall serve one term of five years beginning on the first day of the first month of the new year.
Elections shall be concluded 90-days prior to the end of the existing national council members' term of office to ensure a smooth transition and hand-over of duties and responsibilities.
In cases of death or resignation, a new national council member shall be elected from the same district to serve the remaining term of the departed national council member.
Each national council member carries one vote with the council decisions becoming law based on a two thirds (2/3) or more vote on the issue(s).
The national council is granted the following powers:
The national council shall elect a speaker from amongst the national council members to regulate the proceedings of its assemblies.
The national council shall assemble, at a minimum, every ninety days to discuss legislation and/or appropriation and/or any matters that concern the well being of the republic and its citizens. The national council may vote to shorten or extend the length of such assembly based on requirements.
The national council may also be called for assembly at any other time during the year at the request, submitted to the speaker, of at least one third of the total national council members. Such announcement for assembly must be broadcast publicly and clearly, as well as the requirements that the request be made in writing to all national council members.
During times of war and/or danger, the national council may be unable to physically assemble and decisions may be conducted by way of obtaining signatures from the respective council members to meet the two-thirds or more required votes.
The executive powers of the republic shall be vested in a president who shall be appointed by the national council.
Persons eligible for the office of president must be citizens, male or female, forty years of age or older, of sound mind and character, and must not be under lawful conviction for treason, corruption, or any grave offense involving dishonesty, abuse of office, or breach of public trust.
The president shall be responsible for the selection of his/her cabinet of ministers to be presented for approval by the national council.
The president and cabinet ministers shall be responsible for carrying out the constitution, the laws of the republic, and the approved policies and strategies of the national council.
The president shall be responsible for the administration and management of all branches of government in the republic, setting rules and regulations necessary to ensure the lawful and smooth functioning of such branches, and preparing the annual budget and such other public plans as may be required.
The president shall be responsible for the planning, budgeting, and execution of all public projects including: factories, farms, roads, power, exploration, mining, drilling, refinement, water treatment, transportation, mail delivery, sewage treatment, public offices/buildings, libraries, schools, hospitals, social services, and any other construct or activity required for the service of the public or the betterment of life for people under the republic.
The president shall be responsible for the regulation of all private sector activities/projects including: manufacturing, mining, energy, agriculture, trade, services, construction, transport, travel, education, medical, technology, charities, and any other activity or construct that is requested by people in the republic, provided such regulation remains within the law and does not contradict this constitution.
The president shall represent the republic before foreign dignitaries/nations and may engage in negotiations/ discussions, which are not binding except with the ratification of the national council, regarding all matters that concern the republic.
The president shall be the commander in chief of the armed forces and security services of the republic, subject to this constitution and the laws of the republic.
The president shall not deploy, command, or direct the armed forces or security services except within the limits established by this constitution, the national council, and the lawful chain of command.
The president shall faithfully execute the laws as adopted by the national council, and no law shall be obstructed, altered, or suspended by the executive except as permitted under this constitution.
The president shall present a detailed report of his/ her activities prior to every scheduled national council assembly. The president will also make himself/herself present at the scheduled national council assembly or at the request of the council speaker for non-scheduled sessions in order to give a briefing on the state of the republic as well as answering any questions/clarifications required by the council members.
The president may be questioned by the national council regarding any matter related to the execution of the constitution, the laws of the republic, or the administration of government.
The national council may, by a two-thirds vote, censure the president or any cabinet minister for neglect, abuse, corruption, incapacity, grave misconduct, or violation of the constitution.
The national council may, by a two-thirds vote, bring formal charges for suspension or removal of the president or any cabinet minister before the high court.
The high court shall preside over such proceedings and shall determine whether the charges have been proven according to law and the constitution.
No president or cabinet minister shall be removed from office except by a judgment of the high court supported by a two-thirds or more vote of its justices after lawful proceedings.
Where the high court finds that the gravity of the charges requires immediate restraint, it may order a temporary suspension from office pending final judgment.
The temporary incapacity, death, resignation, absence, or removal of the president shall be dealt with in accordance with the laws of succession and continuity established under this constitution.
The judicial powers of the republic shall be vested in an independent high court and its subsequent lower courts that shall judge according to this constitution and the laws of the republic.
The high court shall consist of twelve justices who shall be appointed by the national council and who shall hold office as long as they maintain integrity, proper conduct, competence, and adherence to the laws of the constitution.
No justice or judge shall be removed except for proven incapacity, corruption, grave misconduct, or clear violation of the constitution or laws of the republic, and such removal shall take place only through lawful proceedings.
The high court shall have the responsibility of appointing court judges, regulating the judiciary, presiding over cases of treason, and presiding over legal proceedings and/or impeachment charges made against the president, cabinet ministers, and/or any national council member(s).
The high court shall also have the final say in appeal matters over lower courts.
The high court shall have final authority to interpret this constitution and to determine whether any law, decree, regulation, judgment, or official act is inconsistent with it.
Where a question arises as to whether legislation accords with the Qur'an and this constitution, the high court shall give judgment on the matter, and such judgment shall be binding on all branches of government.
The courts of the republic shall be independent from the executive and legislative branches in their judgments and proceedings, and no person or branch of government shall interfere in the lawful decision of a judge or court.
The decisions of the high court are binding based on a two- thirds or more vote.44
All persons accused of a specific crime, which must be supported by lawful cause and, where required by law, by court warrant, shall retain the protections of this constitution and shall further be guaranteed the following rights in all criminal matters:
All persons accused are considered innocent until proven guilty. The burden of proof falls upon the accuser and the republic. No person shall be condemned by suspicion, rumor, coercion, prejudice, or accusation without credible evidence.
No detainee may be held for longer than twenty-four hours unless a court order for further detainment is obtained based on the assessment of credible evidence related to the charges brought forth. Any person detained shall be informed promptly of the reason for detention and of the charges being made.
No detainee may be subjected to physical or psychological torture, humiliation, forced confession, cruel punishment, or any other form of physical or psychological harm or abuse. Any confession or statement obtained through coercion, abuse, threat, or unlawful pressure shall be void and without legal force.
All persons accused of a crime have the right to a fair trial that shall be free of prejudice, influence, corruption, or any external factors that may cause injustice to occur. The accused also has the right to be tried quickly without undue delay.
All persons accused shall have the right to know the charges against them, to review the evidence lawfully presented against them, and to be given sufficient opportunity to answer such charges before judgment is rendered.
All persons accused of a crime shall have the right to be represented through a specialized attorney if they should choose so. If an attorney cannot be arranged or afforded by the accused, then it is the responsibility of the republic to provide an attorney with no expense to the accused.
Any person being accused has the right to face his/ her accusers, to question the evidence brought against him/her, to call witnesses, to present evidence, and to make a full defense before a lawful judge.
The court is responsible for ensuring that all punishments and rulings decreed by its judges are less than or equal to the nature of the crime committed. Therefore, excessive bail shall not be required, nor excessive fines imposed, nor cruel, degrading, or unreasonable punishments inflicted.
No home, body, papers, property, communication, or private effects of the accused shall be searched, seized, or examined except by lawful authority and in accordance with the constitution and the laws of the republic.
All persons have the right to appeal a ruling that is found to be against them by requesting that a new trial be set with a different judge presiding. An appeal may only be carried out one time, unless it can be proven through credible evidence that both trials did not display fairness or a full analysis of facts, in which case the high court will preside over the matter, and its judgment supersedes all other judgments and shall be final.
If the court finds the accused innocent of the charges put forth, then no further legal proceedings or accusations on the same case may be presented, except where it is shown that the original judgment was procured through fraud or corruption as defined by law.
No person shall be punished except under a law previously made known and in force at the time of the act charged, and judgment shall only be issued by a lawful and competent court of the republic.45
Government shall be funded through the revenue generated from the legal sale of the natural public resources, as well as the revenue generated by government through services and/or taxation.
All branches of the government of the republic shall operate in complete transparency and openness. Records must be made public, and meetings of the national council shall be deliberated to an open audience, and/or through a televised screening.46
The only exception to this transparency requirement shall be matters that are deemed threatening to the security of the republic and/or the general well-being of its citizens, and, in such cases, the records of deliberations of the kind may be concealed from the public for a maximum period of one year, to be extended only with the approval of the high court, for a maximum period not exceeding ten years.47
Government officials, government employees and elected national council members, shall not hold any other position or title while serving in government or on the national council.
All government officials, government employees, and elected national council members shall be obligated to take the oath of the republic before commencing their duties:
"I [name of person to be placed here] solemnly swear before God and before the witness of the citizens of this republic to uphold the role of [position to be placed here] to the best of my abilities to protect the integrity of the constitution and the republic. I swear to live my life according to the laws and regulations of the republic and to uphold the highest moral character. I swear to work in the best interest of the republic and to constantly strive to improve life for its citizens. I swear never to abuse my position or authority in any way, shape or form for personal gain. I swear never to carry favor to any person or group or entity beyond what is fair and just. I swear to stand for and to promote the laws of peace and justice and equality wherever I may be. I have placed God as a witness over this oath of mine, may He have mercy on my soul and guide me to always do what is right."48
The breaking of such oath shall be the basis for legal proceedings and/or impeachment.
With the exception of declarations of war made by the national council, no branch of government, or person from within the republic, may directly or indirectly finance, sponsor, or engage in, the destabilization or undermining of any country or nation by way of design and/or by way of covert or otherwise armed operations.49
Government shall encourage and support the pursuit of creativity, arts, sciences, exploration, and technical innovation within the republic.50
Government shall also ensure that intellectual rights be protected from infringement and unauthorized duplication.51
Amendments towards the betterment of this constitution may be made only in accordance with the procedures of this article and in a manner consistent with the Qur'an and the foundational principles of justice, fairness, equality, freedom, representation, and accountability established by this constitution.
An amendment may be proposed by the national council in accordance with law and shall require, for adoption, either:
No amendment shall abolish the constitutional basis of the republic, the supremacy of this constitution, the independence of the judiciary, the representative nature of the national council, or the fundamental rights protected by this constitution except to expand and strengthen them.
All amendments must be listed as such and recorded publicly. The republic may publish consolidated versions of this constitution for clarity and operation, provided that the original articles and all subsequent amendments remain identifiable in the public record.
No amendment shall take effect unless it has been publicly published in full.52
In the event that the president dies, resigns, is removed, is missing, or is found by the high court to be unable to discharge the duties of office, an acting president shall be appointed without delay by a 2/3 vote of the national council from among the ministers of the republic, and such acting president shall serve only until a new president is appointed by the national council in accordance with this constitution and the laws of the republic.60
If the national council is unable to assemble due to war, disaster, or any other grave circumstance, then the high court shall appoint an acting president from among the senior officials of the republic for a temporary period not exceeding sixty days or the period in which the national council is able to reconvene—whichever is earlier.
The death, resignation, incapacity, or removal of any judge, minister, or other public official shall not cause the suspension of government, and the laws of succession and continuity shall be established by legislation consistent with this constitution.
No vacancy in office shall invalidate the lawful acts of government made in good faith to preserve the security, order, and continuity of the republic.
A state of emergency may only be declared in the event of invasion, rebellion, armed insurrection, epidemic, natural disaster, or any grave threat to the security or continuity of the republic.61
No state of emergency shall take effect except by a 2/3 vote of the national council, or, where the national council cannot assemble in time, by a temporary declaration of the president within three days of such crisis, which shall not continue beyond thirty days without approval by the national council.
A state of emergency shall be limited in scope, geography, and duration, and shall expire automatically after thirty days unless renewed by a 2/3 vote of the national council.
Under no circumstance shall a state of emergency suspend the right to life, the right against torture or cruel punishment, the right to a fair hearing before a lawful judge, or the right to freedom of faith.
All emergency decrees, arrests, seizures, and restrictions shall remain subject to review by the high court, and any abuse under emergency powers shall be punishable by law.
The republic may be divided into provinces, districts, municipalities, and such other local divisions as may be established by law for the purpose of representation, administration, and service to the people.62
Each province and municipality shall have local councils elected by the people of such area, and such councils shall exercise their powers in accordance with this constitution and the laws of the republic.
Local governments shall be responsible for such public services, local planning, public works, records, and community needs as may be assigned to them by law, provided that no local law shall contradict this constitution or the laws of the republic.
No province, district, or municipality shall claim sovereignty separate from the republic, nor shall the republic discriminate unjustly between its geographic regions in the allocation of resources, security, and public services.
Disputes between the national government and any local authority shall be decided by the high court.
All elections of the republic shall be conducted openly, fairly, periodically, and under equal protection of the law.63
An independent electoral authority shall be established by law to supervise voter registration, district boundaries, election procedures, ballot security, vote counting, and the certification of results.
No election shall be valid unless conducted in a manner that allows public scrutiny, preserves ballot integrity, and protects against fraud, coercion, intimidation, and corruption.
Any candidate or voter shall have the right to challenge the legality of an election before a competent court, and the courts of the republic shall have the power to order recounts, corrections, or fresh elections where justice so requires.
The census, districting, campaign rules, public financing rules, and election disclosures shall be regulated by law in a manner consistent with equality, fairness, and representation.
No law shall take effect in the republic except after being proposed, reviewed, debated, approved by the national council, and published to the people in a clear and accessible manner.64
The procedures for introducing bills, committee review, debate, amendment, voting, promulgation, and publication shall be established by law, provided that no such procedure shall defeat the principles of transparency, representation, and fairness.
All laws concerning taxation, public expenditure, borrowing, war, emergency powers, and constitutional matters shall require a recorded vote and shall be published in full.
No secret law, unpublished decree, or undisclosed regulation shall have force against the people.
The president shall execute the laws as adopted by the national council, and no law shall be obstructed, altered, or suspended by the executive except as permitted under this constitution.
The courts of the republic shall have the power to grant effective remedies for violations of this constitution, including the release of persons unlawfully detained, the invalidation of unlawful acts, the exclusion of unlawfully obtained evidence where justice so requires, compensation according to law, and orders preventing continuing or threatened violations.
The constitution shall be the highest law of the republic, and all laws, decrees, judgments, regulations, and official acts inconsistent with it shall be void to the extent of such inconsistency.65
The high court shall have final authority to interpret this constitution and to decide disputes concerning the constitutionality of laws, decrees, and official actions.
Any person directly affected by a law or official act, and any public body authorized by law, shall have the right to seek constitutional review before the courts of the republic.
Where a question arises as to whether any legislation accords with the Qur'an and this constitution, the high court shall give judgment on the matter, and such judgment shall be binding on all branches of government.
No branch of government shall be the sole judge of the extent of its own constitutional power.
Public money, public resources, and public property shall be held in trust for the benefit of the people and shall not be wasted, concealed, misused, or diverted for private gain.66
A public budget shall be prepared annually and submitted to the national council for approval before the expenditure of public funds.
No tax, debt, loan, guarantee, extraordinary expenditure, or disposal of public assets shall be made except under law and with public record.
An independent audit authority shall be established by law to review the accounts, contracts, and expenditures of all branches of government, and its findings shall be made public except where a temporary concealment is lawfully justified by security necessity.
The rules of procurement, borrowing, public tendering, emergency spending, and stewardship of natural public resources shall be regulated by law in a manner consistent with transparency, justice, and accountability.
A public treasury shall be established by law for the custody, administration, receipt, and lawful disbursement of all public money and public financial assets of the republic.
The republic may establish by law a monetary authority or central financial authority to regulate currency issuance, reserves, state accounts, payment systems, and such other monetary matters as are necessary for the stability and lawful functioning of the republic, provided that such authority remains subject to this constitution and public accountability.
The republic shall maintain a professional civil service based on competence, integrity, and service to the public.67
Independent bodies shall be established by law for elections, audit, public prosecution, anti-corruption enforcement, and public complaints, and such bodies shall exercise their functions free from unlawful interference, favoritism, or political manipulation.
The republic may establish such other constitutional or public bodies as may be required for the protection of justice, accountability, and the proper functioning of government.
No person shall be appointed, promoted, removed, or favored in the public service on the basis of tribe, race, gender, sect, wealth, or personal loyalty, but only on the basis of merit and lawful criteria.
All public officials and public employees shall remain bound by the oath of the republic and shall be accountable under the law for abuse, neglect, corruption, concealment, and favoritism.
The armed forces and security services of the republic shall be subject to civilian authority and shall serve only the republic, the constitution, and the protection of the people.68
No armed force, security force, or intelligence body shall operate outside the law, outside public oversight, or outside the chain of command established by the constitution and the laws of the republic.
The deployment of armed forces within the republic shall be regulated by law and shall only take place where necessary for defense, security, disaster response, or the execution of lawful orders consistent with this constitution.
No member of the armed forces or security services shall interfere in elections, legislation, judicial proceedings, or political competition.
The detention, questioning, surveillance, and use of force by all security bodies shall remain subject to the law and to review by the courts of the republic. The chain of command of the armed forces and security services shall be regulated by law and shall remain unified, known, and publicly accountable within the limits permitted by security necessity.
No armed force, security force, or intelligence body shall owe allegiance to any party, tribe, sect, faction, or person above the constitution and the republic.
Citizenship of the republic shall be governed by this constitution and by laws consistent with justice, clarity, and due process.69
The laws of the republic shall regulate citizenship by birth, lineage, naturalization, residence, and such other lawful grounds as may be recognized.
No citizen shall be stripped of citizenship arbitrarily, nor exiled, nor denied the protection of the republic except in accordance with law and after due process before a competent court.
Foreign residents, visitors, refugees, and those seeking lawful protection within the republic shall be treated with justice and with the rights granted to them under the laws of the republic.
The national council may regulate matters of migration, asylum, dual nationality, and residence, provided that such laws do not violate the rights and protections guaranteed by this constitution.
Upon the coming into effect of this constitution, all prior constitutions, laws, decrees, regulations, treaties, obligations, offices, and institutions inconsistent with it shall cease to have force to the extent of such inconsistency. This principle shall not be interpreted to produce disorder, injustice, or the destruction of lawful rights without due process.70
All courts, ministries, local authorities, contracts, debts, licenses, public records, civil registries, land records, and legal proceedings existing at the time of implementation shall remain temporarily valid and enforceable until amended, replaced, or revoked in accordance with this constitution.
The national council shall enact transitional legislation to organize the first elections, the continuation or replacement of judges and officials, the continuity of public services, the first budget, and the orderly transfer of authority to the institutions established under this constitution.
No person shall lose a lawful right, title, or status solely by reason of the transition to this constitution, except by due process and in accordance with the principles of justice.
The republic shall complete the transition to the full operation of this constitution within a reasonable period to be fixed by law.
In God we have placed our trust…
Pertaining to Article III — Legislative Powers
Until such time as the republic has established territory, whether temporary or permanent, the legislative powers described in Article III shall be exercised by an Interim National Council, constituted under the following provisional terms:
Section 1 — Eligibility. Persons eligible for the Interim National Council must be male or female, thirty years of age or older, and of sound mind and character. The citizenship requirement set forth in Article III shall not apply to the Interim National Council, as no territory of the republic yet exists from which citizenship may be derived.
Section 2 — Formation. Members of the Interim National Council shall be seated through appointment or voluntary service, as no electoral districts or voting processes can be established in the absence of territory. The provisions of Article III concerning elections, districts, voters, and district residency shall not apply to the Interim National Council.
Section 3 — Powers and conduct. The Interim National Council shall hold all powers granted to the National Council under Article III, and shall conduct its business through the same process of open discussion and consultation in all matters.
Section 4 — Sunset. This amendment shall become ineffective upon the establishment of territory by the republic and the subsequent constitution of a National Council under Article III. In no case shall this amendment remain in effect for more than five years after the establishment of territory, whether temporary or permanent. No other condition shall render this amendment ineffective.