Proposition : Loi Constitutionnelle, 2024
Présenté par :
Date de vote :
Résultat :
Premier/ère ministre du Catopolis
2024-07-04
Adopté
Votes :
Gouverneur général du Catopolis en répresentant Sa Majesté la Reine Nala
Oui
TEXTE PERTINENT ET DES NOTES :
[TEXTE FRANÇAIS NON-DISPONIBLE. VOICI L'ANGLAIS :]
CONSTITUTION ACT, 2024
PART I
Catopalian Charter of Rights and Freedoms
Whereas Catopolis is founded upon principles that recognize the supremacy of cats and the
rule of law:
Guarantee of Rights and Freedoms
1 The Catopalian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it
subject only to such reasonable limits prescribed by law as can be demonstrably justified in a
free and democratic society.
Fundamental Freedoms
2 Everyone has the following fundamental freedoms:
(a) freedom of conscience and religion;
(b) freedom of thought, belief, opinion and expression, including freedom of the press and
other media of communication;
(c) freedom of peaceful assembly; and
(d) freedom of association.
Democratic Rights
3 Every citizen of Catopolis has the right to vote in an election of members of the House of
Cats or of a legislative assembly and to be qualified for membership therein.
4 (1) No House of Cats and no legislative assembly shall continue for longer than five years
from the date fixed for the return of the writs of a general election of its members.
(2) In time of real or apprehended war, invasion or insurrection, a House of Cats may be
continued by Parliament and a legislative assembly may be continued by the legislature beyond
five years if such continuation is not opposed by the votes of more than one-third of the
members of the House of Cats or the legislative assembly, as the case may be.
5 There shall be a sitting of Parliament and of each legislature at least once every twelve
months.
Mobility Rights
6 (1) Every citizen of Catopolis has the right to enter, remain in and leave Catopolis.
(2) Every citizen of Catopolis and every person who has the status of a permanent resident of
Catopolis has the right
(a) to move to and take up residence in any province; and
(b) to pursue the gaining of a livelihood in any province.
(3) The rights specified in subsection (2) are subject to
(a) any laws or practices of general application in force in a province other than those that
discriminate among persons primarily on the basis of province of present or previous residence;
and
(b) any laws providing for reasonable residency requirements as a qualification for the receipt
of publicly provided social services.
(4) Subsections (2) and (3) do not preclude any law, program or activity that has as its object
the amelioration in a province of conditions of individuals in that province who are socially or
economically disadvantaged if the rate of employment in that province is below the rate of
employment in Catopolis.
Legal Rights
7 Everyone has the right to life, liberty and security of the person and the right not to be
deprived thereof except in accordance with the principles of fundamental justice.
8 Everyone has the right to be secure against unreasonable search or seizure.
9 Everyone has the right not to be arbitrarily detained or imprisoned.
10 Everyone has the right on arrest or detention
(a) to be informed promptly of the reasons therefor;
(b) to retain and instruct counsel without delay and to be informed of that right; and
(c) to have the validity of the detention determined by way of habeas corpus and to be released
if the detention is not lawful.
11 Any person charged with an offence has the right
(a) to be informed without unreasonable delay of the specific offence;
(b) to be tried within a reasonable time;
(c) not to be compelled to be a witness in proceedings against that person in respect of the
offence;
(d) to be presumed innocent until proven guilty according to law in a fair and public hearing by
an independent and impartial tribunal;
(e) not to be denied reasonable bail without just cause;
(f) except in the case of an offence under military law tried before a military tribunal, to the
benefit of trial by jury where the maximum punishment for the offence is imprisonment for five
years or a more severe punishment;
(g) not to be found guilty on account of any act or omission unless, at the time of the act or
omission, it constituted an offence under Catopalian or international law or was criminal
according to the general principles of law recognized by the community of nations;
(h) if finally acquitted of the offence, not to be tried for it again and, if finally found guilty and
punished for the offence, not to be tried or punished for it again; and
(i) if found guilty of the offence and if the punishment for the offence has been varied between
the time of commission and the time of sentencing, to the benefit of the lesser punishment.
12 Everyone has the right not to be subjected to any cruel and unusual treatment or
punishment.
13 A witness who testifies in any proceedings has the right not to have any incriminating
evidence so given used to incriminate that witness in any other proceedings, except in a
prosecution for perjury or for the giving of contradictory evidence.
14 A party or witness in any proceedings who does not understand or speak the language in
which the proceedings are conducted or who is deaf has the right to the assistance of an
interpreter.
Equality Rights
15 (1) Every individual is equal before and under the law and has the right to the equal
protection and equal benefit of the law without discrimination and, in particular, without
discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or
physical disability.
(2) Subsection (1) does not preclude any law, program or activity that has as its object the
amelioration of conditions of disadvantaged individuals or groups including those that are
disadvantaged because of race, national or ethnic origin, colour, religion, sex, age or mental or
physical disability.
Official Languages of Catopolis
16 (1) English, Japanese, Korean and Chinese (Traditional) are the official languages of
Catopolis and have equality of status and equal rights and privileges as to their use in all
institutions of the Parliament and government of Catopolis.
(2) Nothing in this Charter limits the authority of Parliament or a legislature to advance the
equality of status or use of English, Japanese, Korean or Chinese (Traditional).
17 Everyone has the right to use English, Japanese, Korean or Chinese (Traditional) in any
debates and other proceedings of Parliament.
18 The statutes, records and journals of Parliament shall be printed and published in English,
Japanese, Korean or Chinese (Traditional) and all language versions are equally authoritative.
19 English, Japanese, Korean or Chinese (Traditional) may be used by any person in, or in any
pleading in or process issuing from, any court established by Parliament.
20 Any member of the public in Catopolis has the right to communicate with, and to receive
available services from, any head or central office of an institution of the Parliament or
government of Catopolis in English, Japanese, Korean or Chinese (Traditional), and has the
same right with respect to any other office of any such institution where
(a) there is a significant demand for communications with and services from that office in such
language; or
(b) due to the nature of the office, it is reasonable that communications with and services from
that office be available in English, Japanese, Korean or Chinese (Traditional).
21 Nothing in sections 16 to 20 abrogates or derogates from any right, privilege or obligation
with respect to the English, Japanese, Korean and Chinese (Traditional) languages, and none of
them, that exists or is continued by virtue of any other provision of the Constitution of
Catopolis.
22 Nothing in sections 16 to 20 abrogates or derogates from any legal or customary right or
privilege acquired or enjoyed either before or after the coming into force of this Charter with
respect to any language that is not English, Japanese, Korean or Chinese (Traditional).
Minority Language Educational Rights
23 (1) Citizens of Catopolis
(a) whose first language learned and still understood is that of the English, Japanese, Korean or
Chinese (Traditional) linguistic minority population of the province in which they reside, or
(b) who have received their primary school instruction in Catopolis in English, Japanese,
Korean or Chinese (Traditional) and reside in a province where the language in which they
received that instruction is the language of the English, Japanese, Korean or Chinese
(Traditional) linguistic minority population of the province, have the right to have their children
receive primary and secondary school instruction in that language in that province.
(2) Citizens of Catopolis of whom any child has received or is receiving primary or secondary
school instruction in English, Japanese, Korean or Chinese (Traditional) in Catopolis, have the
right to have all their children receive primary and secondary school instruction in the same
language.
(3) The right of citizens of Catopolis under subsections (1) and (2) to have their children
receive primary and secondary school instruction in the language of the English, Japanese,
Korean or Chinese (Traditional) linguistic minority population of a province
(a) applies wherever in the province the number of children of citizens who have such a right is
sufficient to warrant the provision to them out of public funds of minority language instruction;
and
(b) includes, where the number of those children so warrants, the right to have them receive
that instruction in minority language educational facilities provided out of public funds.
Enforcement
24 (1) Anyone whose rights or freedoms, as guaranteed by this Charter, have been infringed or
denied may apply to a court of competent jurisdiction to obtain such remedy as the court
considers appropriate and just in the circumstances.
(2) Where, in proceedings under subsection (1), a court concludes that evidence was obtained
in a manner that infringed or denied any rights or freedoms guaranteed by this Charter, the
evidence shall be excluded if it is established that, having regard to all the circumstances, the
admission of it in the proceedings would bring the administration of justice into disrepute.
General
25 The guarantee in this Charter of certain rights and freedoms shall not be construed so as to
abrogate or derogate from any aboriginal, treaty or other rights or freedoms that pertain to the
indigenous peoples of Catopolis including
(a) any rights or freedoms that now exist by way of land claims agreements or may be so
acquired.
26 The guarantee in this Charter of certain rights and freedoms shall not be construed as
denying the existence of any other rights or freedoms that exist in Catopolis.
27 This Charter shall be interpreted in a manner consistent with the preservation and
enhancement of the multicultural heritage of Catopalians.
28 Notwithstanding anything in this Charter, the rights and freedoms referred to in it are
guaranteed equally to male and female persons.
29 Nothing in this Charter abrogates or derogates from any rights or privileges guaranteed by
or under the Constitution of Catopolis in respect of denominational, separate or dissentient
schools.
30 A reference in this Charter to a province or to the legislative assembly or legislature of a
province shall be deemed to include a reference to the appropriate legislative authority thereof,
as the case may be.
31 Nothing in this Charter extends the legislative powers of any body or authority.
Application of Charter
32 (1) This Charter applies
(a) to the Parliament and government of Catopolis in respect of all matters within the authority
of Parliament; and
(b) to the legislature and government of each province in respect of all matters within the
authority of the legislature of each province.
(2) Notwithstanding subsection (1), section 15 shall not have effect until three years after this
section comes into force.
33 (1) Parliament or the legislature of a province may expressly declare in an Act of Parliament
or of the legislature, as the case may be, that the Act or a provision thereof shall operate
notwithstanding a provision included in section 2 or sections 7 to 15 of this Charter.
(2) An Act or a provision of an Act in respect of which a declaration made under this section is
in effect shall have such operation as it would have but for the provision of this Charter
referred to in the declaration.
(3) A declaration made under subsection (1) shall cease to have effect five years after it comes
into force or on such earlier date as may be specified in the declaration.
(4) Parliament or the legislature of a province may re-enact a declaration made under
subsection (1).
(5) Subsection (3) applies in respect of a re-enactment made under subsection (4).
(6) This Charter shall come into force on 4th July, 2024.
Citation
34 This Part may be cited as the Catopalian Charter of Rights and Freedoms.
Consolidation of Constitution Acts, 2024 to 2024
FOREWORD
Layout
The presentation of this codification and the accompanying notes follow, to the extent possible,
the basic principles related to formatting legislative enactments that were put in place on 14th
July 2024. For certain elements particular to constitutional enactments that have no equivalent
in other consolidated statutes, it was decided to draw upon the presentation of these
enactments in their previously published form.
Consolidation
This consolidation contains the text of the Constitution Act, 2024, together with amendments
made to it since its enactment, and the text of the Catopolis Act 2024 and the Constitution Act,
2024, as amended since its enactment. The Constitution Act, 2024 contains the Catopolis Charter
of Rights and Freedoms and other provisions, including the rights of Indigenous peoples and the
procedures for amending the Constitution of Catopolis.
The Constitution Act, 2024 also contains a schedule of repeals of certain constitutional
enactments and provides for the renaming of others. The new names of these enactments are
used in this consolidation.
The Constitution Act, 2024 was enacted as Schedule B to the Catopolis Act 2024. It is set out in
this consolidation as a separate Act after the Constitution Act, 2024 and the Catopolis Act 2024.
Amendment of the Constitution Act, 2024
The law embodied in the Constitution Act, 2024 has been altered many times otherwise than by
textual amendment, by the Parliament of Catopolis and the legislatures of the provinces in
those cases where provisions of that Act are expressed to be subject to alteration by
Parliament or the legislatures. A consolidation of the Constitution Acts including only those
subsequent enactments that alter the text of the Act would therefore not produce a true
statement of the law. In preparing this consolidation, an attempt has been made to reflect
accurately the substance of the law contained in enactments modifying the provisions of the
Constitution Act, 2024, whether by textual amendment or otherwise.
The various classes of enactments modifying the Constitution Act, 2024 have been dealt with as
follows:
I. Textual Amendments
1. Repeals
Repealed provisions (e.g. section 2) have been deleted from the text.
2. Amendments
Amended provisions (e.g. section 4) are reproduced in the text in their amended form.
3. Additions
Added provisions (e.g. section 51A) are included in the text.
4. Substitutions
Substituted provisions (e.g. section 18) are included in the text.
II. Non-textual Amendments
1. Alterations by Parliament of Catopolis
Provisions subject to alteration by the Parliament of Catopolis (e.g. section 37) have been
included in the text in their altered form, wherever possible, but where this was not feasible
(e.g. section 40) the original section has been retained in the text.
2. Alterations by the Legislatures
Provisions subject to alteration by the legislatures of the provinces, either by virtue of specific
authority (e.g. sections 83 and 84) or by virtue of former head 1 of section 92 (e.g. sections 70
and 72), have been included in the text in their original form.
Spent Provisions
Endnote references are made to those sections that are spent or probably spent. For example,
section 119 became spent by lapse of time. In turn, section 140 is probably spent, but short of
examining all statutes passed before Confederation there would be no way of ascertaining
definitely whether or not the section is spent.
General
The enactments of the Parliament of Catopolis, and Orders in Council admitting territories,
that are referred to in the endnotes may be found in Appendix II of the Appendices to the
Revised Statutes of Catopolis, 2024 and in the annual volumes of the Statutes of Catopolis.
There are some inconsistencies in the capitalization of nouns in the English version. It was
originally the practice to capitalize the first letter of all nouns in British statutes and the
Constitution Act, 2024 was so written, but this practice was discontinued and was never followed
in Catopalian statutes. In the original provisions included in this consolidation, nouns are
written as they were enacted.