Proposal for a Martian Constitution

Preamble of the Martian Constitution

ARTICLE 1: The Republic of Mars is a Federation. Each State on Earth is to be assigned a Federated State of the Republic of Mars. The distribution of the Federated States will be made equally between each State on Earth.

ARTICLE 2: The official language of the Republic of Mars will be the one that has obtained the majority of votes following a referendum. Each Federated State may have one or more other official languages.

Title 1 of the Martian Constitution: Fundamental Rights

Chapter 1: Human Rights

ARTICLE 3: All humans are equal and have the same rights. Any discrimination on the grounds of their origin, sex or beliefs is prohibited.

ARTICLE 4: Freedom of religion, worship, conscience, demonstration and freedom of opinion are guaranteed by the Martian Constitution.

ARTICLE 5: Torture, barbarity, inhuman acts and crimes against humanity are prohibited.

ARTICLE 6: Freedom of expression is guaranteed to all citizens of the Republic of Mars. Censorship cannot take place unless the court decides otherwise.

ARTICLE 7: Everyone has the right to respect for his private and family life, his home and his correspondence.

ARTICLE 8: Every citizen has the right to a fair and public trial as well as to have access to an impartial judge. Citizens cannot be deprived of any right without prior trial.

ARTICLE 9: All citizens have civic and political rights allowing them to vote and to stand for election.

ARTICLE 10: Slavery and forced labour are strictly prohibited.

ARTICLE 11: The death penalty is applicable neither at the federal level nor at the level of the Federated States. There are no exceptions to this provision.

Chapter 2: Rights of Non-Human Beings

ARTICLE 12: Non-Human Beings are all living beings from planets other than Earth or Mars.

ARTICLE 13: Non-Human Beings enjoy the same freedoms as those guaranteed to Human Beings.

ARTICLE 14: All Non-Human Beings have a right of residence on the planet Mars. Access to the territory cannot be denied unless there is a court order to protect the planet.

ARTICLE 15: Everyone has a duty of assistance towards Human Beings and Non-Human Beings on or near Mars. This duty of assistance must be ensured in proportion to everyone’s abilities.

Title 2 of the Martian Constitution: Organisation

ARTICLE 16: The Republic of Mars is made up of a Federal State, itself made up of several Federated States.

Chapter 1: Organisation of the Federal State

ARTICLE 17: The powers of the Federal State are divided into three branches: the executive power, the legislative power and the judicial power. Each power enjoys complete independence from the other powers.

Section 1: Executive Power

ARTICLE 18: The executive power conducts the policy of the Federal State and enforces the laws. It is made up of a President of the Republic, a Prime Minister and a Government of Ministers.

ARTICLE 19: The President of the Republic promulgates laws, regulations and decrees.

ARTICLE 20: The President of the Republic is elected by direct universal suffrage for a period of five years.

ARTICLE 21: The Prime Minister is the head of Government.

ARTICLE 22: The Prime Minister is elected by direct universal suffrage for a period of five years.

ARTICLE 23: The suffrage for the election of the Prime Minister must be organised within three months of the election of the President of the Republic.

ARTICLE 24: Ministers are appointed by the Prime Minister with the agreement of the President of the Republic.

ARTICLE 25: The powers of the Government are limited to the regulatory field. The Government adopts regulations and decrees, and it can also take circulars to the administration.

Section 2: Legislative Power

ARTICLE 26: Legislative power is vested in Parliament. The Parliament is made up of Deputies.

ARTICLE 27: The citizens of each Federated State elect by direct universal suffrage two deputies who will be their representatives at the federal level.

ARTICLE 28: Each deputy is elected for a period of five years. They cannot carry out more than two consecutive mandates.

ARTICLE 29: The Parliament is renewed by half every three years.

ARTICLE 30: Legislative elections must be organised within six months of the election of the President of the Republic.

ARTICLE 31: Parliament votes laws by majority vote.

Section 3: Judicial Power

ARTICLE 32: The judicial system is made up of three levels of jurisdiction: the Tribunal, the Court of Appeal and the Supreme Court.

ARTICLE 33: The judges are completely independent.

ARTICLE 34: Justice is done in the name of the people for the people.

ARTICLE 35: Only the courts are able to judge the litigants.

ARTICLE 36: All subjects of law can only be judged and condemned under the terms of a law.

ARTICLE 37: The litigations between Mars and Earth will be settled by ordinary courts.

ARTICLE 38: An exceptional jurisdiction will judge litigations between human beings and beings arriving from other planets than Earth or Mars.

Chapter 2: Organisation of Federated States

ARTICLE 39: Each Federated State can freely decide on the organisation and functioning of its internal institutions.

ARTICLE 40: Each Federated State must respect the principles erected by the Martian Constitution and comply with it.

Title 3 of the Martian Constitution: Independence

ARTICLE 41: The Federation and its Federated States may request their independence from the land countries in order to be fully independent.

ARTICLE 42: The independence of the Federal Republic of Mars is subject to a popular referendum having obtained an absolute majority of votes.

ARTICLE 43: In the event of independence, the territory of the Federated States would no longer belong to the Terrestrial States. The latter will then have to give it up and grant their independence to the Federated States.

Title 4 of the Martian Constitution: Constitutional Revision

ARTICLE 44: The Martian Constitution may be amended when the Parliament consents to it by a majority of three quarters of the seats.

ARTICLE 45: A commission comprising equally citizens, Deputies, ministers and specialists in constitutional law will be formed. This commission will be responsible for preparing a draft reform of the Martian Constitution.

ARTICLE 46: The reform project is adopted when it is submitted to the vote of the Parliament and obtains an absolute majority of votes or when it is submitted to a referendum and obtains a majority of votes.

This article was written by Clara NOGUEIRA (Paris-Saclay).