Note: I found the following Draft Consitution for Al-Andalus on Internet. This should be improved according to the Protocol for Constitutions:
Al-Andalus Caliphate Draft
Constitution
1. Ummah Al-Andalus: all citizens and residents of Al-Andalus. Anyone can join the Ummah.
2. Al-Andalus Citizen: any individual paying the Al-Andalus Caliphate citizenship fee, renting an Al-Andalus commercial space or otherwise deemed qualified as citizen by the Citizenship Committee.
3. Al-Andalus Resident: any member of the Al-Andalus Caliphate group.
4. 4 Communities compose the Ummah Al-Andalus:
a) Muslim Community (MC);
b) Christian Community (CC);
c) Jewish Community (JC); and
d) Fourth Community (FC).
- Each community elects: * 1 Community Leader and * 2 Representatives, who constitute each community’s Community Council (CC) (marked as Assembly on Chart).
- There is no citizenship requirement to vote for or be elected. Both citizens and residents can participate.
- The CC deals with private law issues specific to the community – religion, culture, education, family, dispute resolution
- The CC appoints a Community Arbitrator, who may be asked by consenting parties to resolve disputes. His / her decisions can be appealed to the Lower Mahakim (Court of Justice).
- Each community is autonomous in its specific fields mentioned above.
- 50 per cent of the citizens’ fees belonging to that community go to the community; donations can also be accepted from both citizens and residents.
5. Shura: All residents and citizens of Al-Andalus meet together in an assembly to consult, discuss, debate issues pertaining to the entire community
- the Shura discusses public / administrative / commercial issues and the budget;
- only Al Andalus citizens elect the Majles-e Shura and initiate bills.
6. Majles-e Shura: the elected assembly of Andalus.
- all citizens are entitled to vote or to stand for office;
- composed of 11 members;
- decides on public / administrative / commercial issues and the budget;
- members elected by single transferable vote, once every 6 months;
- confirms all public officers’ appointments: Wasir, Amir, Sultan, Citizenship Committee Members, Finance Committee Members, Judges, Council of Experts Members
- decides by simple majority: 6 out of 11 votes;
- constitutional / entrenched legislation changes must obtain 8 out of 11 votes.
- Elects its Chair, the Hajib, by simple majority
- Once adopted by it, all legislation is referred to the Council of Experts for approval or referral back for reconsideration
7. Hajib: Chair of the Majles-e Shura; sets the agenda of the Majles-e Shura. Must resign if he/she loses a Vote of Confidence ( like the Budget Bill).
8. Drafting Committee: composed of 3 members, who draft bills in cooperation with the Majles-e Shura and Community Councils.
9. Finance Committee: Composed of:
a) Estate Owner / Treasurer (owns sims and holds all community funds);
b) Budget Manager; (prepares draft budget and submits it to the Majles-e Shura); and
c) Internal Auditor: reviews both draft budget and the Budget Bill adopted by the Majles-e Shura
All members are appointed by the Khalifah on the advice of the Wasir, and confirmed by the Majles-e Shura.
10. Amir: Sims Administrator, implementing decisions of the Diwan and Majles-e Shurah; 1 per sim / city; appointed by the Khalifah on the advice of the Wasir, and confirmed by the Majles-e Shura.
11. Diwan: the executive of Al-Andalus, composed of 6 members; appointed by the Khalifah on the advice of the Wasir, and confirmed by the Majles-e Shura
12. Wasir: Leader of the Executive of Al-Andalus and Khalifah’s main adviser. Elected by majority vote by all Al-Andalus Citizens at the same time as the Majles-e Shura Members. Has right to initiate legislation.
13. Sultan: Al-Andalus Ummah Arbitrator and Ombudsperson
- can resolve any dispute of consenting citizens; decisions can be appealed to the Upper Mahakim;
- investigates any complaint about public officers / institutions and submits report and recommendations to the Council of Experts.
- Has a Secretary;
- appointed by the Khalifah on the advice of the Wasir, and confirmed by the Majles-e Shura
14. Khalifah: Leader of the Ummah Al-Andalus
- hereditary, non-elected position;
- nominates all Al-Andalus public officers on the advice of the Wasir;
- must sign all legislation passed by the Majles-e Shura and approved by the Council of Experts, on advice of the Wasir
- can veto all legislation on advice of Wasir or, exceptionally, on own initiative, after Majles-e Shura passed it and Council of Experts approved it.
- can initiate legislation on advice of the Wasir or on own initiative.
- can be impeached by petition of 3/4 of Shurah (all citizens) and removed by 3/4 of Council of Experts (7 votes out of 9)
15. Citizenship Committee: 3 members; reviews and makes decisions all citizenship applications; decisions can be appealed to the Upper Mahakim.
16. Lower Mahakim (Court of Justice): minimum 3 kadis (judges) appointed by the Khalifah on the advice of the Wasir, and confirmed by the Majles-e Shura. Court of First Instance of the Ummah.
17. Upper Mahakim (Court of Justice): minimum 3 kadis appointed by the Khalifah on the advice of the Wasir, and confirmed by the Majles-e Shura. Court of Appeal of the Ummah.
18. Kadi al-Mahakim (Senior Judge): Head of the Ummah’s Courts system; appointed by the Khalifah on the advice of the Wasir, and confirmed by the Majles-e Shura.
19. Mahakim Administrator: Manages the Ummah’s Courts system
20. Council of Experts: 9 Ulemas (members): 6 Muslims; 1 Christian; 1 Jewish, 1 Other.
- appointed by the Khalifah on the advice of the Wasir, and confirmed by the Majles-e Shura.
- Court of Final Appeal of the Ummah; must give leave to appeal to take on cases from Upper Mahakim;
- Interprets and decides on all constitutional / charter matters;
- May confirm / overrule / change Sultan’s recommendations (as ombudsperson)
- Must approve all legislation referred to it by the Majles-e Shura as in conformity with the Constitution, Charter, Qur’an and Sunna, or refer it back for review;
- Decides on all issues on a 5 out of 9 vote, except constitutional changes, where a 6 out of 9 majority is required.
- Can remove the Khalifah on joint petition of Wasir, Amir, Sultan and Hajib (after unanimous vote in the Majles-e Shura) by unanimous vote (consensus), and appoint a new Khalifah by unanimous decision (consensus).
21. Al-Andalus Caliphate Constitution and Charter of Rights and Responsibilities: sets out principles of governance and justice of the Al-Andalus Ummah.
22. Qur’an and Sunna: Source of all legislation of the Al-Andalus Caliphate, including its Constitution and Charter of Rights and Responsibilities. Only the Council of Experts can authoritatively rule as to their interpretation and application in Al-Andalus.
1. Ummah Al-Andalus: all citizens and residents of Al-Andalus. Anyone can join the Ummah.
2. Al-Andalus Citizen: any individual paying the Al-Andalus Caliphate citizenship fee, renting an Al-Andalus commercial space or otherwise deemed qualified as citizen by the Citizenship Committee.
3. Al-Andalus Resident: any member of the Al-Andalus Caliphate group.
4. 4 Communities compose the Ummah Al-Andalus:
a) Muslim Community (MC);
b) Christian Community (CC);
c) Jewish Community (JC); and
d) Fourth Community (FC).
- Each community elects: * 1 Community Leader and * 2 Representatives, who constitute each community’s Community Council (CC) (marked as Assembly on Chart).
- There is no citizenship requirement to vote for or be elected. Both citizens and residents can participate.
- The CC deals with private law issues specific to the community – religion, culture, education, family, dispute resolution
- The CC appoints a Community Arbitrator, who may be asked by consenting parties to resolve disputes. His / her decisions can be appealed to the Lower Mahakim (Court of Justice).
- Each community is autonomous in its specific fields mentioned above.
- 50 per cent of the citizens’ fees belonging to that community go to the community; donations can also be accepted from both citizens and residents.
5. Shura: All residents and citizens of Al-Andalus meet together in an assembly to consult, discuss, debate issues pertaining to the entire community
- the Shura discusses public / administrative / commercial issues and the budget;
- only Al Andalus citizens elect the Majles-e Shura and initiate bills.
6. Majles-e Shura: the elected assembly of Andalus.
- all citizens are entitled to vote or to stand for office;
- composed of 11 members;
- decides on public / administrative / commercial issues and the budget;
- members elected by single transferable vote, once every 6 months;
- confirms all public officers’ appointments: Wasir, Amir, Sultan, Citizenship Committee Members, Finance Committee Members, Judges, Council of Experts Members
- decides by simple majority: 6 out of 11 votes;
- constitutional / entrenched legislation changes must obtain 8 out of 11 votes.
- Elects its Chair, the Hajib, by simple majority
- Once adopted by it, all legislation is referred to the Council of Experts for approval or referral back for reconsideration
7. Hajib: Chair of the Majles-e Shura; sets the agenda of the Majles-e Shura. Must resign if he/she loses a Vote of Confidence ( like the Budget Bill).
8. Drafting Committee: composed of 3 members, who draft bills in cooperation with the Majles-e Shura and Community Councils.
9. Finance Committee: Composed of:
a) Estate Owner / Treasurer (owns sims and holds all community funds);
b) Budget Manager; (prepares draft budget and submits it to the Majles-e Shura); and
c) Internal Auditor: reviews both draft budget and the Budget Bill adopted by the Majles-e Shura
All members are appointed by the Khalifah on the advice of the Wasir, and confirmed by the Majles-e Shura.
10. Amir: Sims Administrator, implementing decisions of the Diwan and Majles-e Shurah; 1 per sim / city; appointed by the Khalifah on the advice of the Wasir, and confirmed by the Majles-e Shura.
11. Diwan: the executive of Al-Andalus, composed of 6 members; appointed by the Khalifah on the advice of the Wasir, and confirmed by the Majles-e Shura
12. Wasir: Leader of the Executive of Al-Andalus and Khalifah’s main adviser. Elected by majority vote by all Al-Andalus Citizens at the same time as the Majles-e Shura Members. Has right to initiate legislation.
13. Sultan: Al-Andalus Ummah Arbitrator and Ombudsperson
- can resolve any dispute of consenting citizens; decisions can be appealed to the Upper Mahakim;
- investigates any complaint about public officers / institutions and submits report and recommendations to the Council of Experts.
- Has a Secretary;
- appointed by the Khalifah on the advice of the Wasir, and confirmed by the Majles-e Shura
14. Khalifah: Leader of the Ummah Al-Andalus
- hereditary, non-elected position;
- nominates all Al-Andalus public officers on the advice of the Wasir;
- must sign all legislation passed by the Majles-e Shura and approved by the Council of Experts, on advice of the Wasir
- can veto all legislation on advice of Wasir or, exceptionally, on own initiative, after Majles-e Shura passed it and Council of Experts approved it.
- can initiate legislation on advice of the Wasir or on own initiative.
- can be impeached by petition of 3/4 of Shurah (all citizens) and removed by 3/4 of Council of Experts (7 votes out of 9)
15. Citizenship Committee: 3 members; reviews and makes decisions all citizenship applications; decisions can be appealed to the Upper Mahakim.
16. Lower Mahakim (Court of Justice): minimum 3 kadis (judges) appointed by the Khalifah on the advice of the Wasir, and confirmed by the Majles-e Shura. Court of First Instance of the Ummah.
17. Upper Mahakim (Court of Justice): minimum 3 kadis appointed by the Khalifah on the advice of the Wasir, and confirmed by the Majles-e Shura. Court of Appeal of the Ummah.
18. Kadi al-Mahakim (Senior Judge): Head of the Ummah’s Courts system; appointed by the Khalifah on the advice of the Wasir, and confirmed by the Majles-e Shura.
19. Mahakim Administrator: Manages the Ummah’s Courts system
20. Council of Experts: 9 Ulemas (members): 6 Muslims; 1 Christian; 1 Jewish, 1 Other.
- appointed by the Khalifah on the advice of the Wasir, and confirmed by the Majles-e Shura.
- Court of Final Appeal of the Ummah; must give leave to appeal to take on cases from Upper Mahakim;
- Interprets and decides on all constitutional / charter matters;
- May confirm / overrule / change Sultan’s recommendations (as ombudsperson)
- Must approve all legislation referred to it by the Majles-e Shura as in conformity with the Constitution, Charter, Qur’an and Sunna, or refer it back for review;
- Decides on all issues on a 5 out of 9 vote, except constitutional changes, where a 6 out of 9 majority is required.
- Can remove the Khalifah on joint petition of Wasir, Amir, Sultan and Hajib (after unanimous vote in the Majles-e Shura) by unanimous vote (consensus), and appoint a new Khalifah by unanimous decision (consensus).
21. Al-Andalus Caliphate Constitution and Charter of Rights and Responsibilities: sets out principles of governance and justice of the Al-Andalus Ummah.
22. Qur’an and Sunna: Source of all legislation of the Al-Andalus Caliphate, including its Constitution and Charter of Rights and Responsibilities. Only the Council of Experts can authoritatively rule as to their interpretation and application in Al-Andalus.
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