Constitution of Polaris

The Constitution of Polaris serves as the supreme law of the Federal Republic of Polaris.The Constitution of Polaris consists of a collection of several documents related to the formation of the Polarian state, the delegation of powers within it, civil rights and liberties, and amending formulae.

The composition of the Constitution includes the Polaris SAD Amendment (2011) to the United States Constitution, the Polaris Federation Act (2011), and the Polarian Declaration of Civil Rights & Liberties (2011), as defined in s. 2 of the Polaris Federation Act, in addition to subsequent amendments to these documents, unwritten principles and Polarian common law. This differentiates from the Constitution of the United States of Antarctica, that consolidates its constitution into a single, exhaustive document.

Interpretation of the Constitution is a responsibility wielded by the Supreme Court of the Polarian Republic, and frequently assesses the constitutionality of laws through a process known as judicial review.

History

Constitutional discussions about the Polarian state first emerged during the Palma Hotel conference in Puerto Elanor, which gathered fifty-six municipal delegates from the then-former Polar Islands District municipalities to discuss the prospect of Polarian autonomy from the United States. The first mention of a constitutional order for Polaris came on the second day of proceedings, where then-Councillor Kendrick Lerbone of Glanell asserted "The new state, must at all costs, avoid emulating the faults of the Constitution of the United States of Antarctica," to the chagrin of several federal observers sent to the conference by the South Pole Council.

The Polarian Constitution was a point of contention between Polarian and Antarctican negotiators during the Secession Negotiations, which was composed of several committees, including Health, Social Services, Defense, and Constitutional Affairs. Federal negotiators in the Constitutional Affairs Committee insisted on limiting the constitutional leeway of any Polarian government, citing the past tendency of ignoring the division of powers between the federal, state and municipal governments.

Differences also existed between the vision each side had for the Polarian constitution. Polarian delegates wanted a constitution patterned after that of Grand Permatan, that would consist of several documents, and other unwritten elements. The Polarians, unlike the Antarcticans, did not see civil liberties as necessarily being inalienable rights, but rather, were subject to certain limitations within a democratic society. The Antarcticans sought to impose a singular, exhaustive document on the new Polarian state, which the Polarians refused to accept. However, consensus was eventually reached that the United States would retain superlative, albeit ceremonial authority in all things related to the Polarian constitution, while also enabling Polaris to establish a multi-pronged constitution with various constituent documents and unwritten components.

Following this stage of negotiations in the Constitutional Affairs Committee, negotiations began to formulate the Polaris SAD Amendment to the United States Constitution, which provided a skeletal base for the Polarian constitution, establishing Polarian territory, and certain distinct powers of the Polarian state from the United States.

Constituent documents

Polaris SAD Amendment

The Polaris SAD Amendment is an amendment to the Constitution of the United States of Antarctica ratified in 2011 by the South Pole Council, that serves to define the territory of an autonomous Polaris, relinquish authority of the United States over certain responsibilities within the Polarian state, and delegate residual powers to the new Polarian government.

It is important to note that the Polaris SAD Amendment does not accord full independence to the Polarian state. By constitutional convention, Polaris remains an autonomous state. However, this differentiates in practice. The United States is at liberty to exercise the authority provided to it by the Polaris SAD Amendment, including the power to reserve or overturn Polarian law. However, this is commonly not used, but is often used as a threat against Polarian leadership if it fails to comply with Antarctican objectives on the international stage.

Polaris Federation Act (2011)

The Polaris Federation Act (2011) is an Act of the Legislative Congress of Polaris (L.C.P. [2011], L.S. 1.1) that seeks to define the political institutions, structures, and division of powers between the federal government and the states of Polaris. The intent of the Act is to account for shortcomings within the Polaris SAD Amendment, and to formalize the political institutions of the country. The Act also contains a mandatory review period every six years by the Joint Standing Committee on Constitutional Affairs in the Legislative Congress of Polaris to identify relevant constitutional issues and propose changes where appropriate.

The Act contributes the following to Polaris' constitutional order:

• Creates a directorial executive through the creation of the Executive Administrative Council of Polaris (s. 2.1)
• Outlines the prerogative and reserve powers of the President of the Executive Administrative Council (s. 2.2)
• Establishes a bicameral Legislative Congress of Polaris, composed of the Assembly of Representatives and Senate (s. 3.1)
• Establishes a federal system, specifying the powers of each level of government (federal and state) (s. 4.1)
• Delegates residual powers to the federal government (i.e. powers not specifically listed in the Constitution) (s.4.1.2)
• Defines the land and marine territorial boundaries of each state. (s. 4.3)
• Provides states with the ability to constitute their own "democratic government" (s. 5.1)
• Allows for the expansion of Polarian territory through the creation of dependencies and new states (s. 7.1)
• Mandates that the government hold regular elections, "...not exceeding six years in interval.." (s. 8.1)
• Requires redistribution and redrawing of congressional and senatorial seats every ten years proportional to population. (s. 8.3)
• Provides Congress with the sole authority to determine voting methods for either Chamber (s. 8.5)
• Creates a nine-member Supreme Court of Polaris (s. 9.1-3), with the power to interpret, review, and strike down laws based on its constitutionality (s. 9.4)
• Entrenches the Federation Act, by providing for a general amending formula, consisting of majority approval by Congress, and seven of the ten states. (s. 11)

Legal scholars consider the Polaris Federation Act to be the cornerstone of the Polarian constitution, as it serves as an essential technical handbook to understanding the significance and function of Polarian institutions.

Polarian Declaration of Civil Rights & Freedoms (2011)

The Polarian Declaration of Civil Rights & Freedoms (PDCRF) (L.C.P [2011], L.S. 1.5) contains a list of fundamental rights and freedoms held by all Polarians. It was produced as a separate document from the Polaris Federation Act (2011), owing to how the Federation Act was intended as a "technical manual" for the institutions of the state, as opposed to a comprehensive document that combines both civil rights and the institutional foundations of the state.

The drafting of the PDCRF took place during the Constitutional Conference in Puerto Elanor, PE from May 11-18, 2011. Input into the content of the document was provided by a range of constitutional lawyers, academics, politicians, and ordinary citizens through testimonies provided to the Committee on Civil Rights, which comprised of two delegates from each of the proposed ten states, and one delegate from the South Pole Council. Deliberation was considerably intense, given that certain delegates were reluctant to accept certain provisions that would limit rights. Eventually, "justified limitations" to the extent at which people could hold rights were included in s. 2 of the Declaration, and are often the subject of much debate within Polarian legal circles.

Fascinating also is the overt exclusion of the right to bear arms, or the right to property. The omission of these rights were done at the advisory of various Polarian public servants, who expressed overwhelming concern with the extend to which both said rights could be interpreted by the courts. The omission of the right to bear arms and property (particularly against expropriation for instance), was the subject of a Supreme Court decision in 2014, Polaris v. Rolbrecher , where the Court declared: "The interest of the state in maintaining public order justifies the limitation of bearing arms to only a privilege,"

The PDCRF includes the following rights and freedoms:

Basic freedoms

• Freedom of speech, thought, belief, and opinion. (§ 3.1)
• Freedom of the press. (§ (3.2)
• Freedom of association and peaceful assembly. (§ 3.3)

Democratic rights

• Right to vote, run and hold office. (§ 4.1-4)
• Right to move in and out of Polaris, and between the states. (§ 5.1-3)

Legal rights

• Right to life, liberty and security of the self. (§ 6.1-2)
• Right against unreasonable search and seizure. (§ 7.1-2)
• Right against self-incrimination. (§8.1-2)
• Right against cruel, unusual, or grossly disproportionate punishment. (§9.1-2)
• Right to a fair, public trial by jury composed of peers. (§10.1-2)
• Right to be presumed innocent until proven guilty in criminal matters. (§11.1-2)
• Right to habeas corpus, and to legal counsel (§12.1-2)
• Right to be informed of charges upon arrest. (§13.1-2)
• Right against arbitrary detention or imprisonment. (§14.1-2)

Equality rights

• Right against discrimination on the basis of sex, gender, age, race, ethnicity, national origin, disability or other reasonably justifiable ground. (§15.1-7)
• Right for federal and state governments to institute affirmative action programs to assist historically disadvantaged groups," (§15.8)

Amendments & amending formulae

Amending formulae

Federal-state method

The Federal-state method applies solely to the provisions of the Polaris Federation Act and the Polarian Declaration of Civil Rights & Freedoms (PDCRF). Under this method, successful amendments require the following:

• Two-thirds majority approval from both chambers of the Legislative Congress of Polaris;
• Two-thirds majority approval from the Executive Administrative Council of Polaris, where the consent of the President shall count for two votes;
• Approval of seven of the ten state legislatures (fifty-percent within them) that constitute more than fifty-percent of the population.

Congress-referendum method

The Congress-referendum method applies to the provisions of the Polaris SAD Amendment. Under this method, successful amendments require the following:

• Two-thirds majority approval from both chambers of the Legislative Congress of Polaris
• Two-thirds majority approval from the Executive Administrative Council of Polaris, where the consent of the President shall count for two votes;
• Approval of fifty-percent of the general electorate, with a minimum turnout of 50%+1.

Repeal of more significant sections that intersect with the powers of the United States of Antarctica within the Polarian constitutional order require further:

• Two-thirds majority approval of the membership of the South Pole Council.

Successful amendments

Article V of the Polaris SAD Amendment

The Polarian Constitution was last amended in 2012 with the passage of the Marriage and Family Act that legalized same-sex marriage in Polarian territory, and subsequent referendum, that obtained an approval of 94% of the Polarian population, with a turnout of 61%.

The amendment repealed the provisions of Article V of the Polaris SAD Amendment that limited marriage to being only between a male and female creature. The definition, as expanded under the referendum, was changed to "...between two consenting adults, regardless of gender, and of similar taxonomy,"