Jun 26, 2007

Comparison of the Second and First Drafts, part 1

[Only changes are listed]

Chapter I The Kingdom of Edan

Article 1 Citizenry and Language

(2) The official languages of the Kingdom of Edan are American English, Latin and French.

At the suggestion of the first Seneschal, French was included as the official 'language of diplomacy' at the UN.

Article 2 Nature of the Kingdom of Edan

(1) The Kingdom of Edan is a sovereign, Catholic, constitutional monarchy. While the official religion of the Kingdom is Catholicism, citizens are free to believe as they wish.

(2) This Constitution, as ratified by the King as an instrument of his sovereignty and authority, is the ultimate law of the Kingdom.

OK - while the minor language change in part (2) has interesting implications, the major change of not only this Article but arguably of the entire document was the addition that Edan is a Catholic nation. Yes, with freedom of religion, but explicitly Catholic. I will address this in a longer separate entry but I came to the conclusion that the lack of a reference to a specific moral and ethic framework leaves the possibility of a nation descending into immorality. This led to other changes, such as excommunication being grounds for the King being dethroned.

Chapter III Organization of the Kingdom

Part I General Organization

Article 6 Citizens

(1) Citizens are the life of the Kingdom. Except as listed below all citizens age 18 and above have the right to vote. Native and naturalized citizens are equal in the eyes of the Kingdom.

(2) Citizens cannot be involuntarily deprived of their citizenship. Citizens wishing to relinquish their citizenship may do so by delivering a written, public, signed letter to the Ministry of State, the Ministry of Foreign Affairs, the Royal Household, any ambassador, consul, or official diplomat, or any member of the royal family.

(3) Any repudiation of citizenship must state that the citizen knowingly and willingly requests a full and permanent removal of their citizenship in the Kingdom of Edan.

(4) As a repudiation of citizenship is the breaking of an oath of fealty they are barred from ever re-applying for citizenship in the Kingdom. Nor may they be employed by or for the government of the Kingdom or its agencies.

(5) The criminal punishment for certain crimes may include forfeiture of the right to vote. This punishment shall be invoked for only the most serious of crimes.

OK, another major change. After prompting by citizens who had been involved in the Oceania Project, I included language both preventing involuntary loss of citizenship and how to repudiate citizenship. Since Edan is based upon explicit oaths and defined social contracts, repudiation of citizenship is permanent. Election details were moved all the way to Chapter IV

Article 7 Nobility

(1) The Nobility of the Kingdom of Edan consists of the Royal Family and those citizens granted a noble title by the King. The King grants titles of nobility to those citizens he feels have demonstrated honor, loyalty, courage, and a dedication to the ideals of the Kingdom. There are two types of nobility; the Gentry and the Peerage.

(2) The Gentry is made up of those nobles granted non-hereditary titles. Those titles are, in order of precedence;

(a) Baron

(b) Viscount

(c) Baronet

(d) Knight Commander

(e) Knight Bannerette

(f) Knight

(g) Knight Bachelor

(3) The Peerage is made up of those nobles granted hereditary titles. All Peers have precedence over the Gentry. In order of precedence the titles of the Peerage are;

(a) Duke

(b) Marquis

(c) Count

(d) Lord

(e) Baron

(4) All nobles have a duty and responsibility to act as examples of the highest ideals of the Kingdom. The King can rescind the titles of nobles and noble families for Treason, Sedition, moral turpitude, or being negligent in their responsibilities to the Kingdom. The noble can appeal to the Council. If 2/3 of the Council votes against the action of the King the noble may retain his title and position.

The addition of Nobles and their duties (in general) to the Constitution was a necessary outgrowth of being a Monarchy. Mention was made of them in documents, but there was no real reason for them to exist, nor for them to do anything but have titles. This was the first in a series of steps taken to develop a new political theory and structure that moved Edan from being just a version of a constitutional Monarchy and being something new.

Article 13 The Cabinet

The names of Ministers were changed to be more traditional.

Article 24 The Assembly; the Council

(1) The Council is composed of the Peerage of the Kingdom. Specifically the holder of Peerage titles within a family is eligible. If the Peer is under the age of 21 the King shall appoint a family member to represent them in the Council. If no such family member is available the King shall appoint a citizen to the council to represent them until they turn 21 years old.

(2) Members of the Peerage appointed to the Cabinet or the Judiciary cannot serve in the Council during their tenure nor for 1 year after the end of their appointment.

(3) The council shall never consist of more than 14 members. Membership in the Council will be determined by precedence.

(4) If a Councilor fails to vote in 3 conclaves during one session, they forfeit their ability to vote until the next session of the Assembly. If a member of the Council forfeits their right to vote in Council more than once in a three year period or more than three times total they shall be considered derelict in their duties to the Kingdom.

(5) Within one week of general or special elections of the Senate the King will name a member of the Council President of the Council. This is done at the King's pleasure.

(6) Decisions of the Council require a simple majority of votes cast unless otherwise provided in this Constitution.

The cascade of changes continue! Now the Council is no longer a regional-representative elected body, but the 'senior' Nobles in a body much more like the House of Lords than the American senate. This change, although it appears major, does not affect the introduction or passage of laws.

Article 33 State of Emergency

(1) In situations of grave and immediate threat to the existence of the
Kingdom, the King, as both the head of state and commander of the armed forces, may declare a State of Emergency.

(2) During a State of Emergency all powers of the Kingdom; executive, legislative, and judicial; are returned to the person of the King. The King may use Royal Decrees to promulgate Laws, issue legal judgments, and suspend all personal rights save the Right to Life.

(3) As soon as possible after such a declaration the Assembly shall vote to ratify the State of Emergency. This ratification requires a simple majority of each house of the Assembly. A State of Emergency exists until such ratification fails.

(4) The First Senator or the President of the Council may call for a vote of Emergency Powers at any time. If this vote is approved by a two-thirds majority of the houses of the Assembly a State of Emergency exists.

(5) A State of Emergency shall last no more than six months, although the King or Assembly may declare another immediately. Each declaration must be ratified by the Assembly.

(6) Every effort must be made to conduct free and equal elections during a State of Emergency. If such elections cannot be held then current legislators shall remain in office until special elections can be held. Such special elections shall be held as soon as is possible and safe.

(7) Royal Decrees to Dissolve the Senate during a State of Emergency must have the unanimous approval of the High tribunal.

(8) A State of Emergency can be ended by Royal Decree or unanimous vote of the High Tribunal.

(9) All laws, legal judgments, and other such Royal Decrees issued by the King during a State of Emergency shall be reviewed by the High Tribunal as soon as possible after the end of the State of Emergency. Laws and judgments deemed no longer needed, conflicting with previously existing law, or unconstitutional may be freely nullified by decision of the High Tribunal

Much more detail on, and limits to, the State of Emergency.

Article 38 The Right to Life

(7) For purposes of the law life begins at the time of conception.

Again, a cascade from the addition of a coherent moral and ethical framework to the Kingdom.

Chapter IIX Crimes Against the Kingdom

Article 46 High Crimes

(1) Certain crimes so affect the structure of the Kingdom that they are termed High Crimes. The High Tribunal will try those accused of these crimes.

(2) High Treason is an attempt by a citizen or citizens to overthrow the government of the Kingdom by overt or covert acts, or to kill or personally injure the King or the Royal Family.

(3) Sedition is the incitement of resistance to or insurrection against the King or the government of the Kingdom. The advocacy of violence against the Royal Family shall also be punished as Sedition.

Although High Treason and Sedition were mentioned in the first draft, they were not defined!

Finally: These are the big changes in the Second Draft from the First Draft. There are other, minor, changes, but you can find those yourself.

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