CONSTITUTION OF THE REPUBLIC OF NEWFOUNDLAND

(Adopted by the People, 1 July 1972; Consolidated to 1 November 2025)

Historical Notes (not part of the Constitution):
• 1972: Foundational Constitution adopted by referendum.
• 1984 Amendment (A84): Senate renewal and local government strengthening.
• 1992 Amendment (A92): Fiscal responsibility and central bank independence.
• 2001 Amendment (A01): Natural resources and Sovereign Fund framework.
• 2012 Digital Charter Amendment (A12): Privacy, data protection, freedom of information (FoI).
• 2019 Environmental Stewardship Amendment (A19): Environmental rights and duties.
• 2024 Data Protection & AI Amendment (A24): Comprehensive data security, algorithmic accountability, and digital due process.

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PREAMBLE (1972)

WHEREAS the People of Newfoundland, from ancient right, possess the freedom of self-government and the duty of stewardship over their land and seas;
HAVING maintained their identity through adversity and faith;
GUIDED by the faith and values of our Christian heritage, and with respect for all who seek truth and virtue, the People reaffirm their liberty under God;
DESIRING to secure for themselves and their posterity the blessings of liberty, order, and good government;
AND WHEREAS liberty is not the gift of government but the possession of the People, who delegate authority only so far as is consistent with its preservation;
NOW THEREFORE this Constitution is established and ordained for the Republic of Newfoundland — that it may endure among the most free nations of the Earth.

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PART I — THE REALM AND THE PEOPLE (1972)

Article 1 — The Republic
1. Newfoundland is and shall remain a sovereign, democratic, and indivisible Republic.
2. The territory of the Republic comprises the Island of Newfoundland and the territory of Labrador, together with the territorial sea and airspace appertaining thereto.

Article 2 — The Seat and Symbols
1. The Seat of Government is St. John’s.
2. The national flag is the Tricolour of Green, White, and Pink, first raised in 1843 and restored in perpetuity.
3. The lawful currency is the Newfoundland Dollar (NFD).
4. The English language shall be that of record and government; the French and Innu languages shall enjoy regional protection and cultural status. (A84 clarified local language provisions.)

Article 3 — Citizenship
1. Every person born in Newfoundland or of a citizen thereof is a citizen of the Republic.
2. Dual nationality may be recognised by Act of the Assembly.

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PART II — RIGHTS AND FREEDOMS OF THE PEOPLE (1972; A12, A19, A24)

Article 4 — Fundamental Liberties (1972)
1. Every person has the rights of life, liberty, and security of the person.
2. These rights shall not be suspended save in time of actual war or insurrection and only to the extent strictly required for national survival.

Article 4A — Freedom of Speech, Press, and Expression (1972; A12)
1. Every person may communicate opinions and information without prior licence.
2. No law shall abridge the freedom of the press or any medium of expression save where expression constitutes: (a) direct and deliberate incitement to imminent violence; or (b) knowing disclosure of military or intelligence secrets that endanger national security.
3. Academic inquiry, artistic creation, satire, political discourse, and public criticism of government are inviolable.
4. Every person has the right to seek, receive, and impart information held by the State, subject to personal privacy and defence. (FoI strengthened by A12)
5. Any Act limiting these freedoms requires a two-thirds vote of each House and judicial review for necessity and proportionality.

Article 4B — Assembly, Movement, Association (1972)
1. Peaceful assembly and association, including unions and political parties, are guaranteed.
2. Citizens may move freely within, and depart from or return to, the Republic.
3. Emergency regulation may limit these rights only during actual invasion or insurrection and only as strictly required.

Article 4C — Conscience and Belief (1972)
1. Freedom of thought, conscience, and religion is absolute.
2. No person shall be compelled to act contrary to conscience in matters of faith or opinion.
3. No religious test shall be required for public office or civil right.

Article 4D — Privacy and Data Protection (A12; expanded by A24)
1. Every person has the right to privacy in home, family life, correspondence, and digital communications.
2. No search or seizure shall occur without lawful warrant on reasonable cause, including for electronic data and devices, save exigent circumstances as prescribed by law.
3. Personal data shall be collected, processed, stored, and transferred only with consent or lawful necessity; the least-intrusive means shall be used; retention shall be limited.
4. An Independent Data Protection Authority (IDPA) shall supervise compliance, issue binding codes, and levy sanctions. (Established by A12; powers expanded by A24.)
5. Individuals have the rights to: informed consent; access and portability; correction and deletion; to object to profiling; and to a human review of significant automated decisions. (A24)
6. Algorithmic transparency & AI due process: significant public- or private-sector decisions using automated systems must be explainable, auditable, and contestable; training datasets and impact assessments shall be documented under IDPA oversight. (A24)

Article 5 — Self-Defence and Lawful Arms (1972)
1. Every citizen possesses the inherent right to defend life, liberty, and property against unlawful force.
2. The lawful keeping and bearing of arms by responsible citizens for defence, sport, and heritage is guaranteed.
3. Citizens may form regulated civil-defence or marksmanship associations.
4. Regulation shall be limited to registration of serious weapons and exclusion of those demonstrably unfit.
5. No law or order shall amount to general disarmament of the citizenry.

Article 5A — Property (1972)
1. Private property is inviolable and shall not be expropriated save for public use with fair, prompt, and adequate compensation.
2. Every person may acquire, enjoy, and dispose of property subject only to lawful regulation for the public good.

Article 5B — Due Process (1972)
1. No person shall be deprived of liberty or property without due process of law.
2. Every accused is presumed innocent until proved guilty in a public trial by an independent court.
3. No person shall be detained beyond forty-eight hours without charge except by court order.
4. No person shall be tried or punished twice for the same offence.
5. No law shall have retrospective criminal effect.

Article 6 — Social and Environmental Rights (1972; A19)
1. The Republic shall secure to all citizens access to education and to medical care; these services shall be universal and publicly guaranteed. (Recognising longstanding practice.)
2. Every person has the right to clean air, safe water, and preservation of Newfoundland’s natural heritage; the State and citizens share a duty of stewardship. (A19)

Article 6A — Right to Petition (1972)
Every citizen may petition Parliament, the President, or any public authority for redress of grievances.

Article 7 — Equality Before the Law (1972)
1. All persons are equal before the law and entitled without discrimination to its protection and benefit.
2. Discrimination on grounds of sex, origin, language, religion, opinion, or disability is prohibited.

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PART III — THE LEGISLATURE (1972; A84)

Article 8 — Parliament
1. Legislative power resides in a Parliament consisting of the House of Assembly and the Senate.
2. Members of the House are elected by universal adult suffrage for four years.
3. Senators provide regional representation and legislative review and serve nine-year terms, one-third retiring every three years. (Senate rotation refined by A84.)

Article 8A — Electoral Commission (A84)
1. An independent Electoral Commission shall supervise voter registration, elections, and constituency boundaries.
2. Members are appointed by the President on multiparty recommendation.
3. The Commission acts impartially and reports annually to Parliament.

Article 8B — Local Government (1972; A84)
1. Local councils shall administer municipal and regional affairs within powers conferred by law.
2. Labrador shall enjoy special status guaranteeing cultural autonomy and equitable development funding.

Article 9 — Legislative Authority (1972)
1. Parliament may make laws for the peace, order, and good government of the Republic.
2. Bills originate in either House and become law upon passage by both and assent by the President.
3. No Bill abridging the freedoms of Articles 4 to 5 shall pass except by the special majorities therein required.

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PART IV — THE EXECUTIVE (1972)

Article 10 — The President
1. The President is Head of State, guardian of the Constitution, and Commander-in-Chief.
2. Elected by the People for six years, not exceeding two consecutive terms.
3. Acts on advice of the Prime Minister and Cabinet save where this Constitution otherwise provides.
4. In temporary incapacity, powers devolve to a Vice-President elected by the Senate.
5. On vacancy, a new election shall be held within ninety days.

Article 11 — The Government
1. Executive authority is vested in the Prime Minister and Council of Ministers, collectively responsible to the House.
2. The Prime Minister is appointed by the President from among Members of the House.
3. A vote of no confidence requires resignation or dissolution.

Article 11A — Civil Service (1972)
1. A permanent, non-partisan Civil Service shall be constituted by law.
2. Appointment shall rest on merit and competitive examination.
3. Civil servants owe allegiance to the Constitution, not to any party.

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PART V — THE JUDICATURE (1972; A84)

Article 12 — The Courts
1. Judicial power vests in the Supreme Court of Newfoundland and subordinate courts.
2. The judiciary shall be independent and protected by law.
3. The Supreme Court has original jurisdiction in constitutional matters and final appellate jurisdiction in all others.
4. It may declare void any law inconsistent with this Constitution or infringing the rights herein guaranteed.

Article 12A — Constitutional Bench (A84)
A Constitutional Bench of the Supreme Court shall hear constitutional questions, sitting with not fewer than five Justices.

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PART VI — DEFENCE AND SECURITY (1972; A24 for cyber scope)

Article 13 — The Armed Forces
1. The Armed Forces consist of the Newfoundland Army (NA), Royal Newfoundland Artillery (RNA), Royal Newfoundland Navy (RNN), and Royal Newfoundland Air Force (RNAF).
2. They are subject to civilian control through the President and Minister of Defence.
3. Service is voluntary save in national emergency.
4. Defence expenditure shall not fall below 3 percent of GDP except by Act of Parliament. (Floor clarified in practice by A92 budget rules; cyber integration coordinated with A24.)

Article 14 — National Security and Civil Defence (1972; A24)
1. Internal security shall be maintained through lawful civil institutions under judicial oversight.
2. The Cyber Defence Command (CDC) safeguards digital and communications infrastructure, acting under law and subject to parliamentary and judicial oversight. (Scope aligned to A24.)
3. Parliament shall provide for civil-defence and emergency preparedness.
4. A Joint Parliamentary Committee on Security and Intelligence shall oversee intelligence agencies and review emergency powers.

Article 14A — State of Emergency (1972)
1. The President may declare a national emergency only in war, invasion, or natural catastrophe.
2. Such declaration expires after thirty days unless renewed by both Houses.
3. Rights under Articles 4 to 7 may be limited only to the extent strictly necessary and never suspended altogether.

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PART VII — FINANCE AND ECONOMY (1972; A92, A01)

Article 15 — Public Revenue (1972)
1. All revenues form one Consolidated Fund.
2. No money shall be withdrawn save by parliamentary authority.

Article 16 — Currency and Central Bank (A92)
1. The Newfoundland Dollar (NFD) is sole legal tender.
2. The Central Bank of Newfoundland is independent in monetary policy, with price stability and financial-system soundness as primary mandates.

Article 16A — Fiscal Responsibility (A92)
1. Parliament shall ensure budget transparency and prevent excessive debt, within statutory anchors.
2. Emergency borrowing requires explicit authorisation and sunset review.

Article 17 — Natural Resources (1972; A01)
1. All minerals, fisheries, forests, and hydroelectric resources are vested in the Republic for the benefit of the People.
2. Parliament shall ensure their sustainable development and equitable distribution, including full royalties and transparent contracts.

Article 17A — The Newfoundland Sovereign Fund (A01)
1. A Sovereign Fund shall receive a fixed share of resource and energy revenues under rule; policy draws shall be capped by law.
2. The Fund shall be invested for future generations under an independent board answerable to Parliament.

Article 17B — Science and Innovation (A01)
The Republic shall promote education, research, and innovation as foundations of national prosperity and independence.

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PART VIII — CULTURE, HERITAGE, AND HONOURS (1972)

Article 18 — Cultural Heritage
1. The Republic shall protect the heritage, languages, and traditions of all communities, including Indigenous peoples.
2. Historic monuments and natural landmarks of national significance shall be preserved by law.

Article 18A — National Orders and Holidays
1. Parliament may establish Orders of Honour for service to the Republic.
2. The First of July shall be observed as Republic Day; other national holidays may be declared by law.

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PART IX — FOREIGN RELATIONS (1972)

Article 19 — International Conduct
1. The Republic shall pursue peaceful relations and honour its treaties.
2. Newfoundland is a member of collective defence arrangements as provided by law and treaty. (Specific alliances referenced by statute; continuity from 1972 framework.)
3. Maritime boundaries and the two-hundred-mile Exclusive Economic Zone shall be exercised in accordance with international law.

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PART X — AMENDMENT AND SUPREMACY (1972)

Article 20 — Amendment
1. This Constitution may be amended by a Bill passed by two-thirds of both Houses and approved by majority referendum.
2. No amendment shall abrogate the democratic form of government or the rights and freedoms herein declared.
3. Articles 4 through 5 shall be unamendable save by unanimous consent of both Houses and ratification by three-quarters of registered voters.

Article 21 — Supremacy of the Constitution
This Constitution is the supreme law of the Republic; any inconsistent law is void to the extent of that inconsistency.

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PART XI — CITIZEN DEMOCRACY (1972; A84)

Article 22 — Referenda and Citizen Initiative
1. Parliament may submit Bills or constitutional questions to the People by referendum.
2. Citizens may propose or repeal legislation by petition signed by not fewer than five percent of registered voters; procedures shall be set by law.

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SCHEDULE I — CONTINUITY AND COMMENCEMENT (1972)
1. All laws, offices, and institutions in force at commencement shall continue unless inconsistent herewith.
2. This Constitution came into effect on 1 July 1972.

SCHEDULE II — INSTITUTIONAL IMPLEMENTATION (1972; updated by A12 & A24)

Within twelve months of each relevant amendment, the following bodies shall be constituted or updated by law:
1. Electoral Commission (A84)
2. Civil Service Commission (1972)
3. Sovereign Fund Board (A01)
4. Joint Committee on Security and Intelligence (1972; remit updated A24)
5. Constitutional Bench of the Supreme Court (A84)
6. Independent Data Protection Authority (A12; powers expanded A24)

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OATH OF OFFICE (1972)

“I swear that I will faithfully uphold and defend the Constitution of the Republic of Newfoundland, serve its People with honour, and preserve their Liberty to the utmost of my ability. So help me God.”

ENACTMENT CLAUSE (1972)

Given under Our Hand and Seal at St. John’s
this First Day of July One Thousand Nine Hundred and Seventy-Two.
President of the Republic
Prime Minister
Attested: Clerk of the House of Assembly

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Amendment Annotations (informative)
• A12 (2012 Digital Charter): Inserted/expanded Art. 4D; strengthened FoI (Art. 4A.4); created IDPA (Schedule II).
• A24 (2024 Data Protection & AI): Added algorithmic accountability, automated-decision rights, audits, and human review (Art. 4D.5–6); clarified CDC oversight (Art. 14).
• Other amendments as noted above adjusted institutions while preserving the core 1972 text.

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