Jun 26, 2007

The Complete First Draft of the Constitution of the Kingdom of Edan

Preamble

In accordance with the inherent right of all people to be free, to gather together, and to determine their own destiny, the Kingdom of Edan is formed to protect the freedoms of its own citizens and to stand as an example to the people of the world.

Chapter I The Kingdom of Edan

Article 1 Citizenry and Language

(1) Citizens of the Kingdom of Edan are all people granted citizenship as detailed by law or children who are either;

(a) Under the age of 18 at the time of the naturalization of their parent(s).

(b) Born after the naturalization of their parent(s).

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

(3) The full name of the State of Edan is "The Kingdom of Edan". The short form of the State's name is "Edan". The three-letter abbreviation is KED. Citizens are referred to as "Edanians" or "Edani".

Article 2 Nature of the Kingdom of Edan

(1) The Kingdom of Edan is a sovereign monarchy with a democratically elected bi-cameral government. The sovereignty of the nation is derived from the sovereignty of the King, and the mutual oaths taken by the King and the citizens of Edan.

(2) As an expression of the King’s sovereignty and the instrument of the oaths of King and citizen, this constitution is the source of the structure and government of the Kingdom.

Article 3 Royal and National Heraldry, National Symbols, and National Capitol

(1) The flag of the Kingdom of Edan is an ensign with a ratio of 3:5; the field shall be black with a vertical stripe of gold of one-tenth the width of the ensign placed one-tenth of the width of the ensign from the outer, or fly, end. Between this stripe and the outer, or fly, end shall be placed seven evenly spaced Maltese crosses in a vertical column. The crosses shall each be gold and shall have a height and width of one-eighth the height of the flag. Black is the heraldric color that represents courage and gold is the color that represents purity of purpose. The seven crosses, one for each continent, reflect that the ideals of Edan pertain to the entire Earth.

(2) The coat of arms and seal of the Kingdom of Edan is a black shield bordered in gold with a centered Maltese cross, also of gold. Below shall be the national motto. The royal coat of arms and seal shall be a black shield bordered in gold with a large Jerusalem cross, also of gold, centered.

(3) The national motto is "Our path is Freedom, our shield is Truth, our sword is Justice".

(4) The national anthem of the Kingdom of Edan is “Mars, the Bringer of War” by Gustav Holst.

(5) The capitol of the Kingdom of Edan is to be determined by legislation. Until such time, it shall be the Royal Palace of the Sovereign.

Chapter II Objectives of the Kingdom of Edan

Article 4 General Constitutional Objectives

(1) The Kingdom upholds the inherent and inalienable rights of the national citizenry.

(2) The Kingdom promotes:

(a) The rights of its citizens as individuals.

(b) The welfare, health, and safety of its citizenry.

(c) The development and preservation of a unique Edanian culture.

Article 5 Defense of the Kingdom

(1) It is the duty and obligation of the Kingdom to protect its citizens.

(2) The Kingdom takes adequate measures to preserve its integrity and the safety of its citizens even in times of war or civil war.

(3) The Kingdom protects its citizenry and its own integrity against terrorism, extremism, and catastrophes.

Chapter III Organization of the Kingdom

Part I General Organization

Article 6 Elections

(1) Elections are to be overseen by the Minister of State; they are to be free, equal, and secret. The Minister of State must ensure that, as far as possible, the procedures and processes of voting do not hinder any citizen from casting a proper and legal ballot and that no person, group, faction, or party is discriminated against in the gathering or counting of votes.

(2) Except as listed below or by legislation, all citizens above the age of 17 shall each have one equal vote.

(3) General Elections are scheduled every two years for the Senate and every five years for the Council. General Elections shall begin on March 1st and shall last three days. Votes not cast during the three days of General Elections are not counted.

(4) Special Elections are held as required by law. Special Elections begin 1 week after they are announced and last four days. Votes not cast during the four-day period are not counted.

(5) The results of elections shall be announced publicly no more than 1 week after the close of voting.

Article 7 Organizational Principles

(1) The Kingdom separates executive, legislative, and judicial powers. No single person may hold office within more than one branch of government concurrently without the approval of both the King and a simple majority of both houses of the Assembly. As the source of all national power, the King inherently heads all branches of the government as is exempt from this exclusion.

(2) The King may not hold a regular seat within the Assembly.

Article 8 Powers of the Kingdom

(1) The Kingdom reserves for itself exclusive jurisdiction over the following subjects:

(a) State defense.

(b) Foreign relations.

(c) Economic regulations.

(d) Infrastructure and traffic.

(e) Taxation, to include levies, tariffs, and duties.

(f) Private, criminal, and procedural law.

(g) Educational and technical training standards.

(h) Weights and measures.

(i) The coining or printing of money, as well as the establishment of its value.

(j) The establishment of professional standards.

(k) The regulation and registration of patents, copyrights, and trademarks.

(l) All other matters which, by their nature or because of their relations to above listed subjects, require national control.

(2) The Kingdom may grant its sovereign powers to international or supranational bodies, including systems of mutual collective security and trade organizations, as long as it retains the right to withdraw from such organizations at will, may rescind its rights fully unto itself at any time, is assured an adequate level of representation in those bodies and those bodies guarantee sufficient legal protection for the citizens of the Kingdom.

Part II Representation of the Kingdom

Article 9 The Sovereign

(1) As the embodiment of the Kingdom and its citizens, the Sovereign is the head of state and the chief executive. Within the constitution the term 'king' shall apply to the Sovereign regardless of the actual gender of the Sovereign.

(2) The full title of the King shall be "His Royal Majesty, (name), King of Edan, Defender of the People". The short title shall be "His Majesty, (name)". If the sovereign is female, the word "her" shall replace "his" and "queen" shall replace "king".

(3)The King has the right to conduct foreign affairs and all other representative functions of the State, review and approval of legislation, and the right of High Justice.

(4) The King ascends to the throne of the Kingdom of Edan upon the death, abdication, excommunication, or removal of the previous sovereign.

(5) The King must designate a member of his or her immediate family (siblings, spouse, children, or grandchildren) as the Heir Designate. The Heir Designate shall assume the throne pursuant to Part II, Article 9, Item 4, above. The Heir Designate shall be styled His Highness, the Crown Prince or Her Highness, the Crown Princess.

(6) If the heir designate is under the age of 16 a Regent shall be appointed by the King. If the King dies or is removed from office without designating a regent, or if the regent dies or is convicted of a felony before the majority of the heir, a Regent shall be appointed by a three-fourths majority of each of the houses of the Assembly and may hold no other office. The living spouse of the former King must be nominated before any others may be considered. The Regent shall exercise all powers of the King, excepting the designation of heirs, until the majority of the King.

(7) If the King is found by three independent medical experts to be incapable of fulfilling his office due to mental incompetence the Assembly may vote to remove him from the throne by a three-fourth majority of the General Assembly. If this occurs, the Heir Designate shall immediately assume the throne.

(8) If the King dies, abdicates, or is removed from the throne and there is no Heir Designate the position of King will pass to the nearest living relative in the following order; spouse; child; grandchild; sibling. If the new King is below the age of 16 a regent shall be appointed as in Article 9 item 6.

(19) If no living relative exists as defined above, the First Senator shall direct the Chamberlain to seek out potential Sovereigns. Such nominees must reflect the goals and ideals of the Catholic Kingdom of Edan. If such a nominee is approved by a 2/3 majority of each house of the Assembly, there shall be a special election. If the nominee is also approved by 2/3 of the citizens in this special election, they shall ascend the throne as King.

(10) During a search for a new Sovereign the executive power of the Kingdom shall be exercised by the Minister of State until such time as a new King is confirmed.

Part III Executive Power

Article 10 The Sovereign

(1) The executive power of the Kingdom, including diplomatic affairs, is vested solely in the King.

(2) The King may delegate some of his powers to subordinates, providing;

(a) no power, right, or ability may be permanently granted to any individual,

(b) the King may rescind any such rights to himself at any time,

(c) the King shall always have the oversight of the exercise of his delegated powers

(d) the powers of High Justice, Supreme Commander of the Armed Forces, designation of heirs, and dissolution of the Assembly are solely the King's and may never be delegated.

(3) The Sovereign appoints national Ministers, subject to the approval of the Assembly, and may dismiss them freely.

(4) The Sovereign appoints all ambassadors, subject to the approval of the Assembly, and may dismiss them freely.

(5) The Sovereign appoints all judges, subject to the approval of the Assembly, and may dismiss them as detailed in this Constitution.

(6) The Sovereign appoints all Provincial Governors, subject to approval of the Assembly, and may dismiss them freely.

(7) The Sovereign has the right to designate national holidays, days of mourning, and days of reflection.

(8) The Sovereign has the right to create and promulgate Orders of Knighthood and titles of Nobility, excepting that the charters of such Orders and titles shall not infringe upon the constitution or the laws of the Kingdom and that no undue compensation shall be attached to the granting of such honors.

(9) The Sovereign is Supreme Commander of the Armed Forces.

(10) The Sovereign retains the sole right to dissolve the Assembly, in whole or in its separate houses. This right may only be exercised in accordance with this Constitution.

(11) The Sovereign has the right to issue Royal Decrees, which are freely disseminated throughout the Kingdom. Royal Decrees are the instruments of the Sovereign's rights and are used to announce and confirm the creation of holidays, the appointment of ministers, et. al. Royal Decrees used to promulgate the King’s rights and powers have the force of law.

Article 11 Removal from the Throne

If the Sovereign is found guilty by the High Tribunal of High Treason, Bribery, or non-involuntary Murder, he may be removed from the throne by a three-fourths majority of each of the houses of the Assembly.

Article 12 The Cabinet

(1) The members of the Cabinet aid the Sovereign in his exercise of executive power. They also advise the Sovereign on matters of State.

(2) The First Senator, President of the Council and the judges of the High Tribunal may not also be members of the Cabinet.

(3) Members of the Cabinet must be citizens.

(4) The Sovereign nominates members of the Cabinet to the First Senator. All such nominees are confirmed unless a two-thirds majority of each of the separate houses of the Assembly votes to reject them. The same person may only be nominated twice in a row. If a nominee is rejected twice in a row, they cannot be nominated again until 3 other persons have also been rejected for the position or until another person has fulfilled the duties of the nominated position for a period of not less than six months.

(5) Approval or rejection must be made by the Senate within one week of the Sovereign's nomination if the nomination is made during a Conclave. If made during a period of recess or during a Null Conclave, the nomination must be voted upon during the first week of the next Conclave. Failure to do so shall constitute acceptance by default. If this occurs or if the nomination is approved the nomination is forwarded to the Council by the Sovereign.

(6) The Council must approve or reject a Cabinet nominee within one week of the Sovereign's nomination if the nomination is made during a Conclave. If made during a period of recess or during a Null Conclave, the nomination must be voted upon during the first week of the next Conclave. Failure to do so shall constitute acceptance by default. If this occurs or if the nomination is approved the nominee shall assume the duties of the nominated position.

(7) It is the duty of the members of the Cabinet to grant their advice to the Sovereign on matters of State.

(8) Members of the Cabinet may resign their positions at will by a public and written declaration delivered to the Sovereign or the First Senator if the Sovereign is unavailable. The Cabinet position will be vacant immediately upon receipt of such a declaration.

(9) The Sovereign may remove members of the Cabinet at will. The First Senator or President of the Council may request that the Sovereign present a written explanation of such a removal; the Sovereign is obliged to do so, but may demand that such information be kept private and unpublished.

(10) Cabinet members found guilty of High Treason, Bribery, or non-involuntary Murder must be removed by the Sovereign. Such a reason may not be kept private and unpublished.

(11) If a Ministerial position becomes vacant the Sovereign must nominate a citizen for the position within three months. Failure to do so shall allow the First Senator to make a single nomination in lieu of the Sovereign. Such a nomination must be made within 2 weeks. If this nomination fails or is not made, the President of the Council is then empowered to make a single nomination in lieu of the Sovereign. This nomination must also be made within two weeks. If this nomination also fails or is not made, the position shall remain vacant until such time as the Sovereign makes a nomination and the Assembly accepts such.

Article 13 The Seneschal

(1) The Minister of State shall be called the Seneschal.

(2) The Seneschal is concerned with the internal affairs of the Kingdom, to include, transportation, infrastructure, social welfare, and the environment. He is the senior member of the Cabinet and head of the Ministry of State.

(3) The Seneschal shall oversee all elections as set forth in this Constitution.

(4) The Seneschal shall maintain a constant Census of citizens of the Kingdom. Every third year he shall oversee a Royal Census. Such a Royal Census shall be the best effort possible to the Kingdom to accurately count each and every citizen of the Kingdom. The Census and Royal Census shall be used to determine the size of the Senate and the Council. All Census and Royal Census information shall be freely available to the Sovereign, the courts and the Assembly.

Article 14 The Chamberlain

(1) The Minister of Foreign Affairs shall be called the Chamberlain.

(2) The Chamberlain is concerned with the relationship of the Kingdom of Edan with other States and organizations of States and is the head of the Ministry of Foreign Affairs.

(3) The Chamberlain shall oversee the activities of all ambassadors, consuls, and diplomats. In particular, the Chamberlain will ensure that such Royal officers properly represent and advance the best interests of the Kingdom of Edan in the performance of their duties.

(4) The Chamberlain shall serve as Ambassador-at-Large for the Kingdom, representing Edan at critical negotiations, summits, and treaty signings as determined by the King.

Article 15 The Treasurer

(1) The Minister of Finance shall be called the Treasurer.

(2) The Treasurer is concerned with the economy of the Kingdom, to include banking, taxation, and the coining of money and is the head of the Ministry of Finance.

(2) The Treasurer shall oversee the Royal Treasury, the Royal Bank, and all Royal economic endeavors.

(3) At such time as the Assembly approves a budget, the Treasurer, in consultation with the Sovereign and the Seneschal, shall set the taxes for the forthcoming year. The proposed taxes shall be submitted to the Sovereign for approval no later than one month after the approval of a new budget. The Sovereign may accept, reject, or modify the proposed taxes as he sees fit, but must publicly announce the final tax schedule no later than November 15th of the current year.

(4) The Treasurer shall maintain copies of all financial records of the Kingdom. Such records shall be freely available to the Sovereign, the First Senator, and the President of the Council.

Article 16 The Archivist

(1) The Minister of Information shall be called the Archivist.

(2) The Archivist is concerned with maintaining information related to the Kingdom and its activities.

(3) The Archivist shall oversee the Royal Library, the Assembly's Library, the Royal Archives, and all Royal media, including telephone, radio, television, and internet communications.

(4) The Archivist shall maintain separate copies of the Record of Legislation provided to him by the Secretary of the Council.

Article 17 The Justiciar

(1) The Minister of Justice shall be called the Justiciar.

(2) The Justiciar is concerned with the enforcement of Law and the protection of the citizens of Edan from criminal threats and is the head of the Ministry of Justice.

(3) The Justiciar shall oversee the activities and procedures of; all law enforcement personnel, departments, and groups; all prisons, prison guards, and other corrections agencies; all Royal search, rescue, relief, and aid agencies. The Justiciar shall ensure that all Royal officers properly represent and advance the best interests of the Kingdom of Edan in the performance of their duties.

(4) The Justiciar and his official records shall be available to the High Tribunal for assistance at all times.

Article 18 The Marshall

(1) The Minister of the Armed Forces shall be called the Marshall.

(2) The Marshall is concerned with the defense of the Kingdom from outside threats and is the head of the Ministry of the Armed Forces.

(3) The Marshall shall oversee all Royal military forces; he will ensure that the members of the armed forces conduct themselves in accordance with this Constitution, the Laws of the Kingdom, and the international Laws of War.

Article 19 Royal Advisors

(1) The Sovereign may appoint as many as three Royal Advisors to the Cabinet.

(2) Royal Advisors head no Ministry and may be not be members of the Judicial branch nor the Assembly.

(3) The Sovereign may empower Royal Advisors to act as ambassadors, spokesmen, or as assistants to the various Ministers. Their prime duty, however, is to give their advice to the Sovereign.

Article 20 Other Cabinet Positions

(1)Additional Cabinet positions may be created the Sovereign. Such new positions may be disapproved by a two-thirds majority of each of the separate houses of the Assembly. Such disapproval must be made within two weeks of the Sovereign's creation of a new position if the announcement is made during a Conclave. If made during a period of recess or during a Null Conclave, the new position must be voted upon during the first week of the next Conclave. Failure to do so shall constitute acceptance by default.

(2) If new Cabinet positions will head ministries, the specific scope and duties of the new Ministerial position must be defined at the time the position is created.

Chapter IV Legislative Power

Article 21 The Assembly; the Senate

(1) The legislative power is vested in the Assembly. The Assembly is divided into two houses, the Senate and the Council. For purposes of precedence alone, the Council shall be considered the senior body.

(2) The Senate is elected in general elections by all citizens of the nation and is a proportional representation body. The number of Senators is determined as follows;

(a) If the Kingdom’s total population is less than 500 persons, there shall be one senator for every 10 persons.

(b) If the Kingdom’s total population is less than 1,000 persons, there shall be one senator for every 20 persons.

(c) If the Kingdom’s total population is less than 5,000 persons, there shall be one senator for every 100 persons.

(d) If the Kingdom’s total population is less than 10,000 persons, there shall be one senator for every 200 persons.

(e) If the Kingdom’s population is above 10,000 then the level of representation within the Senate shall be determined by legislation with the following provisions;

(1)The ratio of senators to population shall be no lower than 1:200.

(2)There shall never be more than 200 senators.

(f) In exception to the above, there shall never be fewer than 12 senators within the Assembly. If fewer than 12 senators are available due to insufficient candidates the Sovereign will fill any vacancies.

(g) The level of representation within the Senate may only be changed within the month following a general election and may only be changed based upon official census figures. Such changes will be in effect for the next election.

(3) Senators serve terms of 2 years.

(4) Any senator may resign his position by public and written declaration delivered to the First Senator or the Sovereign, if the First Senator is unavailable. The position of that senator shall at that time become vacant.

(5) If a senator fails to vote in 3 consecutive Conclaves, their position is at that time made vacant.

(6) Vacancies within the Senate are to be filled by appointment by the Sovereign, pending the next scheduled general election of the Senate.

(7) Within one week of general elections of the Senate, or the special election of the entire Senate, the Senate shall nominate, by simple majority, one of their number as First Senator. The Sovereign then ratifies this nomination; the Sovereign is required to ratify this nomination within 2 days. If the position of First Senator is vacated for any reason, the Senate shall elect a new First Senator and the Sovereign and the Law will also ratify him or her. If the Senate fails to nominate a First Senator within the first week, the Sovereign shall call a special Conclave lasting one week during which the only business of the Senate is to elect a First Senator. If the Senate still fails to nominate a First Senator, the Sovereign may dissolve the Senate and call for special elections of the entire Senate.

(8) Decisions of the Senate require a simple majority of the votes cast unless this Constitution provides otherwise.

Article 22 The Assembly; the Council

(1) The Council is elected by the citizens of the Provinces of the Kingdom of Edan and is a regional representation body. Councilors are elected by general elections held within each of the several Provinces. The number of Councilors is determined as follows;

(a) If the population of the Kingdom is less than 10,000 persons, there shall be one Councilor for each Province.

(b) If the population of the Kingdom is greater than 9,999 persons, there shall be two Councilors for each Province.

(c) The level of representation may only be changed within the month following a general election and may only be changed based upon official census figures. Such changes shall be in effect for the next election.

(2) Whenever possible, Councilors must be citizens of the Provinces they represent.

(3) Councilors serve terms of 5 years.

(4) Any Councilor may resign his or her position by public and written declaration delivered to the President of the Council or the Sovereign if the President of the Council is unavailable.

(5) If a Councilor fails to vote in 3 consecutive conclaves, their position become vacant at the end of that Conclave.

(6) Vacancies within the Council are filled as follows;

(a) If the remaining period until a scheduled general election is less than 6 months, the position is to remain vacant until filled by the normal electoral process.

(b) Otherwise, the position is filled by appointment by the Sovereign pending the next scheduled general election of the Council.

(7) Within one week of general elections of the Council, or the special election of the entire Council, the Sovereign will name a member of the Council President of the Council. This is done at the King's pleasure.

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

Article 23 The First Senator

(1) The First Senator presides over all meetings of the Senate as Chairman and President of the Senate.

(2) The First Senator appoints a fellow member of the Senate as Secretary of the Senate. The Secretary of the Senate reports all records of the Senate to the Secretary of the Council.

(3) It is the duty of the First Senator to grant his advice to the Sovereign on matters of State.

Article 24 The President of the Council

(1) The President of the Council presides over all meetings of the Council as its President and Chairman.

(2) The President of the Council appoints a fellow Councilor as Secretary of the Council. The Secretary of the Council maintains the Record of Legislation.

(3) It is the duty of the President of the Council to advise the Sovereign on matters of State.

Article 25 Rights of Members of the Assembly

(1) Members of the Assembly may not be subjected to judicial or civil action for a vote cast or a statement made by them in the Assembly or in any of its committees, excepting only acts of Sedition.

(2) Members of the Assembly may not be arrested or detained during a formal Conclave without the approval of the High Tribunal.

(3) Remuneration for members of the Assembly is to be determined by legislation. If such remuneration exists, it may not be excessive. Any changes made to remuneration may not take effect until after the then-current session of the Senate ends.

Article 26 The Legislative Process

(1) Potential legislation (called Bills) may only be introduced by members of the Assembly or the Sovereign.

(2) All members of the Assembly must vote "yes", "no", or "abstain" on every Bill submitted for consideration.

(3) Votes may be submitted in writing, by phone, or electronically.

(4) All votes must be submitted to the Secretary by the last day of the current Conclave.

(5) Bills must first be approved by the house of the Assembly into which they are introduced. If approved, they are sent to the other house of the Assembly. Bills defeated in the second house may be resubmitted one time during the then-current Conclave.

(6) Bills approved by the second house are sent to the Sovereign. The Sovereign may ratify or reject the Bill in whole or in part. The portions ratified are entered into the Record of Legislation as Law.

(7) If the Bill, or portions of it, is rejected by the Sovereign it is returned to the originating house along with a written record of the Sovereign's objections to the Bill. If it is re-approved by a two-thirds majority of each house of the Assembly in the same manner as a new Bill, it is ratified by the actions of the Assembly, entered into the Record of Legislation, and made Law over the Sovereign's rejection. Any Laws which violate this Constitution are void and null.

(8) In exception to the above, legislation amending this Constitution requires two thirds of the votes cast in each house of the Assembly. The Sovereign must accept or reject proposed Constitutional Amendments as a whole. Constitutional Amendments cannot be made Law over the Sovereign's rejection. Such Constitutional Amendments further require a two-thirds majority of the popular vote in a Constitutional Referendum. All such amendments are then attached to this Constitution

(9) Laws must specify their effective date and cannot be ex post facto.

Article 27 Expenditures

(1) In exception to the above, Bills concerning expenditures, Assembly remuneration, and the Budget may only be introduced by members of the Senate. The proposed Budget must be the first bill introduced in the Senate during the first conclave after general elections and, in exception to general practice, must be voted on immediately and all votes must be complete within the first conclave. Once approved, it will be forwarded to the Council, which must also vote on the Budget immediately. If the Council rejects the proposed Budget, they must provide public and written objections and suggestions for improvement. The Senate shall conduct no other business until a new budget is proposed.

(2) The budget shall be made for the following year. Long-term budget items may be proposed as separate legislation, but no expenditure may be allocated for more than a 6 year period without a 2/3 majority of both houses of the Assembly. No expenditure may be either permanent nor of an indefinite period over the rejection of the King.

(3) At such time as a Budget is approved by the Senate but rejected by the Council twice consecutively, or approved by the Assembly and rejected by the King twice consecutively, the First Senator shall convene a special Conclave of the entire Assembly. Such a special Conclave lasts one week. During this Special Conclave the Budget shall be reviewed and voted upon by the Assembly as a whole. If it is approved by a simple majority of the Assembly as a whole, it is sent to the Sovereign for ratification. If it fails, a second special Conclave shall be called, as above. If this process fails to produce a Budget a second time, the King shall call for the Dissolution of the Assembly.

Article 28 Sessions and Conclaves

(1) A session of the Senate shall last from the election of the Senate as a whole until the next such election.

(2) A session of the Council shall last from the election of the Council as a whole until the next such election.

(3) Two weeks after the election of the Senate the First Senator shall call a Conclave; each such Conclave shall consist of a two-month period during which the work of the Assembly is performed.

(4) At the end of a Conclave there is a two-week recess. One the first day of the third week the First Senator shall call the next Conclave.

(5) Once per session of the Senate the First Senator may request that the Sovereign grant a Null Conclave; such a Conclave is a two-month period of extended recess between standard recesses. It is the decision of the Sovereign to honor or refuse such a request.

(6) Once per session of the Council the President of the Council may also request a Null Conclave, as above.

(7) There must be no less than a full Conclave separating Null Conclaves.

(8) The Grand Conclave shall be held each year on the first of November.

(a) The Cabinet, the High Tribunal, and the Sovereign shall attend the Grand Conclave in addition to the Assembly.

(b) The only business of the Grand Conclave shall be the Royal Address, where the Sovereign declares the state of the Kingdom and addresses the citizens concerning the upcoming year.

Article 29 Votes of Confidence

(1) A Vote of Confidence is a vote cast by the members of the Senate demonstrating their confidence in the existing government. If such a vote fails to pass by a simple majority of the Senate, the First Senator shall ask the Sovereign to dissolve the Senate. The Sovereign must honor this request by issuing a Royal Decree of Dissolution within two days.

(2) Any member of the Senate may request a Vote of Confidence once per session during a Conclave. No other business shall be conducted until the Vote of Confidence has been resolved. No more than one Vote of Confidence may be requested during any single Conclave. Votes of Confidence may not be called during Special Conclaves or Null Conclaves.

(3) In exception to the above, the First Senator may request a Vote of Confidence at the end of each Conclave. This Vote of Confidence is in addition to any other request and is to be the final vote of the last day of the Conclave. If this vote fails, the Sovereign is asked by the First Senator to dissolve the Senate. The Sovereign is obliged to honor this request. The First Senator is not obligated to call for this vote.

(4) Once per session of the Council the President of the Council may ask that the members of the Council take a Special Vote of Confidence. If this vote fails to gain a simple majority of the votes of the Council, the President of the Council shall ask the Sovereign to Dissolve the Council. The Sovereign is not obliged to honor this request, but any Royal Decree of Dissolution must be issued within two days.

(5) Once per session of the Senate and Council, respectively, the King may call for a Vote of Confidence as detailed above for each house of the Assembly. This is in addition to any other calls for a Vote of Confidence.

(6) If the Senate or the Council is Dissolved, the Sovereign shall direct the Minister of State to hold special elections for the dissolved house(s) as detailed in this Constitution. Announcements of such special elections must be made no more than four days after the Royal Decree of Dissolution is issued.

Article 30 Treaties

(1) The Sovereign retains the right to sign treaties with other States and organizations of States.

(2) The Assembly must ratify any treaty signed by the King. If 2/3 of each of the houses of the Assembly votes against such a treaty, it is nullified.

(3) If the Assembly fails to ratify or decline a treaty within three months of the Sovereign's signature, it is ratified by default.

(4) Any treaty that, in whole or in part, violates this Constitution shall be null and void.

Article 31 State of Emergency

(1) In situations of grave and immediate threat to the existence of the Kingdom, the Sovereign, 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 Sovereign. The Sovereign 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 Sovereign or Assembly may declare another immediately.

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

(7) All laws, legal judgments, and other such Royal Decrees issued by the Sovereign 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

Chapter V Judicial Power

Article 32 The Courts

(1) The judicial power is vested into the courts.

(2) Judges are appointed by the Sovereign pending the approval of the Assembly. They are independent. Their time in office is determined by legislation or by the terms of this Constitution.

Article 33 The High Tribunal

(1) The High Tribunal is the highest court of the Kingdom and decides issues involving the Constitution of the Kingdom of Edan. In particular, the High Tribunal has jurisdiction over:

(a) Disputes between officers of the government concerning their respective rights and duties under this Constitution

(b) Claims of individuals regarding violations of their constitutional rights that cannot be resolved by a lower court.

(c) Cases on appeal from Royal Courts as the High Tribunal deems necessary to review.

(d) All other cases assigned to its jurisdiction by law.

(2) Decisions of the High Tribunal are directly binding for all entities of the Kingdom.

(3) Cases before the High Tribunal are never heard before a jury; all decisions are solely the decisions of the members of the High Tribunal. This does not change the requirement for open hearings and sentences, nor does it limit the ability of the Sovereign to pardon and commute.

(4) The High Tribunal consists of three members. Members of the High Tribunal must be citizens retaining the right to vote and cannot hold any other position within the government of the Kingdom or its Provinces while serving as a member of the High Tribunal.

(5) Members of the High Tribunal are appointed for a period of 10 years.

(6) The senior judge of the High Tribunal shall be appointed the High Judge by the Sovereign; the High Judge shall preside at all meetings of the High Tribunal as its President and Chairman.

(7) In the event that two or more members of the High Tribunal are equal in seniority, the Sovereign shall appoint one of them High Judge at his pleasure.

(8) A session of the High Tribunal shall last each year from the first Monday in the month of February until the first Friday in the month of November. The High Tribunal shall conduct its business during its sessions.

(9) The period between sessions is to be used to review the decisions of the Royal Courts for the year and to examine potential future cases before the High Tribunal.

(10) The High Judge may declare two periods of recess per session. Such periods of recess shall last one month and must be separated by no less than 2 months.

(11) A member of the High Tribunal may resign his position by a public and written declaration delivered to the Sovereign or to the First Senator if the Sovereign is unavailable.

(12) The Sovereign may remove a member of the High Tribunal for High Treason, Bribery, or non-involuntary Murder.

Article 34 Royal Courts

(1) The courts below the High Tribunal, called the Royal Courts, are created by Royal Decree.

(2) Royal courts have supreme jurisdiction over review and other matters assigned to it by law.

(3) Separate Royal courts shall be established for private law, penal law, and general public law. They shall consist of Provincial Courts, Appellate Courts, and Review Courts for each branch of the Royal Courts.

(4) Any citizen may appeal a ruling of the Royal Courts to the King; the king is free to accept or decline such a request at his pleasure. The King is also free to review the decisions of the Royal Courts at his pleasure.

(5) The King retains the right of High Justice, which allows him to amend, modify, reduce, or nullify a ruling of the Royal Courts or to pardon persons condemned by the Royal Courts.

(6) Decisions of the Review Courts or the King may be appealed to the High Tribunal.

(7) The High Tribunal decides by extraordinary review in cases of inconsistent application of the law by different Royal courts.

(8) Judges of Royal Courts must be removed by the King for Treason, Murder, and Bribery.

Chapter VI The Statement of Rights

Part I General Provisions

Article 35 Basic Rights

(1) The Kingdom acknowledges that all people are equal in their rights and that such rights are inalienable.

(2) The Kingdom and its government shall guarantee the rights set forth in this Constitution subject only to the limits defined by legislation which can be demonstrated as necessary in a free and democratic Kingdom.

Article 36 The Right to Life

(1) The most fundamental of all rights is the Right to Life.

(2) No person may be involuntarily deprived of his or her life. The Kingdom shall make no laws that invoke the penalty of death.

(3) In the instance of brain death, as determined by competent medical authority, a person's life may be ended in the following cases;

(a) The person has a written and legally binding will or living will specifically requesting euthanasia in case of brain death.

(b) The person's next of kin explicitly requests, in writing, that the person's life be ended.

(c) In the absence of either a will or a next of kin, the Royal Courts shall appoint a competent person to be the citizen's ward. Within three months of their appointment this ward shall determine, to the best of their ability, if the citizen in question would request euthanasia. This determination will be presented, in writing, to the court of appointment. The court of appointment shall then act upon this decision in a timely manner.

(4) All such termination of life shall be as swift and painless as humanely possible and shall be administered by appropriate medical personnel.

(5) In the absence of a medically determined state of brain death all forms of euthanasia are forbidden.

(6) The determination of when life begins shall be determined by the current ability of medical technology to sustain life separate from the mother.

Article 37 The Right to Freedom

(1) The Right to Freedom is considered to be of particular importance to the Kingdom, government, and citizens of the Kingdom of Edan.

(2) The Kingdom shall make no laws that limit the freedom of a person's thought, belief, or religion except where the practice of such beliefs or religion can be demonstrated to endanger others or deprive others of their basic rights. In such cases the practice of such beliefs or religion shall be limited, not the holding of them.

(3) The Kingdom shall make no laws limiting the freedom of the press, except in cases of public morals and public order.

(4) The Kingdom shall make no law that limits the freedom of speech, except in the case of public order. A person who exercises their freedom of speech is also responsible for the abuse of that right to commit libel, slander, and other such offenses as defined by law.

(5) The Kingdom shall make no laws preventing the peaceful assembly of people in public or private, except where such assembly interferes with normal commercial activity, inconveniences people in their routine activity, or is inherently dangerous to those assembling or to others.

(6) The Kingdom shall make no laws limiting the right of the people to organize into associations or political parties, except where said organizations or political parties use, threaten the use of, or advocate violence or where such groups deprive or attempt to deprive others of their basic rights.

(7) No person may be arrested without a warrant issued by a judge except in cases of direct observance of a crime. A warrant shall not be issued without probable cause. All warrants must name the place(s) to be searched and the item or person to be seized.

(8) Slavery is forbidden within the Kingdom of Edan, its territories, protectorates, and any other realms controlled by the Kingdom.

Article 38 The Right to Dignity

(1) Each and every person has the right to dignity and just treatment from, with and among others.

(2) Torture, to include corporal punishment, is forbidden.

(3) Cruel and unusual punishments shall not be inflicted, nor excessive fines imposed.

(4) The Kingdom, the government, and the Law shall respect the privacy of each individual to as great an extent as is possible while still ensuring the safety and security of all citizens.

(5) Personal property may not be taken without due compensation, except where such confiscation is imposed as a fine by the courts.

(6) All persons accused of a crime shall be presumed innocent until proven guilty. The accused must be informed of the accusation. No person shall be forced to testify against him or herself. Evidence gained in a manner contrary to the laws of the Kingdom or this Constitution shall be inadmissible in court.

(7) Forced labor is forbidden, except as part of a punishment imposed by the courts. Such punitive labor may not be cruel or unusual in its nature or performance.

(8) The Kingdom shall make no laws that discriminate against persons based upon their gender, race, religion, or creed.

(9) No person shall be put into jeopardy for the same crime twice.

(10) All accused persons shall receive a speedy trial. All trials will be public unless the courts deem that a public trial will be harmful to defendants, litigants, or those who testify. The accused may request a trial by jury; the courts, except the High Tribunal, must honor such a request.

Article 39 Exclusion of Rights

The listing of particular rights within this Constitution is meant as a minimum and should not be considered to imply that no other rights exist nor that these rights are incompatible with others.

Chapter VII The Provinces

Article 40 Population of the Provinces

(1) The population of the Kingdom shall be divided into seven Provinces

(2) The Provinces shall be named by Provincial referenda after the election of Provincial Governors. The Sovereign must approve all such Provincial names. Until such time, they shall be called by their ordinal numbers; First Province, Second Province, etc.

(4) Upon becoming a citizen of the Kingdom a person shall be assigned to a particular province by the Seneschal. The assignment of citizens shall be;

(a) Persons residing in Asia shall be assigned to the First Province.

(b) Persons residing in Europe shall be assigned to the Second Province.

(c) Persons residing in Africa shall be assigned to the Third Province.

(d) Persons residing in South America shall be assigned to the Fourth Province.

(e) Persons residing in North America shall be assigned to the Fifth Province.

(f) Persons residing in Australia shall be assigned to the Sixth Province.

(g) Persons residing elsewhere shall be assigned to the Seventh Province.

(5) In exception to the above, spouses shall be assigned to the same province, as shall minor children. On their sixteenth birthday minor children are assigned to a Province of residence at the discretion of the Seneschal.

(6) The Royal Family shall be part of no Province and shall not participate in voting for the Council. This shall neither limit the status of their citizenship in the Kingdom nor their ability to vote in elections for the Senate.

Article 41 Provincial Governors

(1) Until such time as the population of a Province is at or above 25 citizens for a period of six months that Province shall be administered by a Provincial Governor appointed directly by the Sovereign.

(2) The Sovereign nominates a Provincial Governor to the First Senator. All such nominees are confirmed unless a two-thirds majority of each of the separate houses of the Assembly votes to reject them. The same person may only be nominated twice in a row. If a nominee is rejected twice in a row, they cannot be nominated again until 3 other persons have also been rejected for the position or until another person has fulfilled the duties of the nominated position for a period of not less than six months.

(3) Approval or rejection must be made by the Senate within one week of the Sovereign's nomination if the nomination is made during a Conclave. If made during a period of recess or during a Null Conclave, the nomination must be voted upon during the first week of the next Conclave. Failure to do so shall constitute acceptance by default. If this occurs or if the nomination is approved the nomination is forwarded to the Council by the Sovereign.

(4) Nominations presented to the Council must be accepted or rejected within one week of the nomination if the nomination is made during a Conclave. If made during a period of recess or during a Null Conclave, the nomination must be voted upon during the first week of the next Conclave. Failure to do so shall constitute acceptance by default. If this occurs or the nomination is approved the nominee shall assume the duties of the nominated position.

(5) As agents of the Sovereign, Governors have many responsibilities, including, but not limited to;

(a) The protection of the rights of the citizens of the Province.

(b) The defense of the Province from enemies of the Sovereign.

(c) The enforcement of the Laws of the Kingdom and this Constitution.

(d) Ensuring that Provincial elections of Councilors are fair, equal, and honest.

(e) Ensuring that the Sovereign is aware of the concerns, problems, and thoughts of the citizens of the Province.

(f) Advising the Province's Council member in matters pertaining to the Province.

(6) Citizens of a Province may petition their Governor concerning their particular concerns. The Governor must respond within one month unless the petition asks for an investigation into the commission of a crime or the denial of a citizen's rights; in those cases the Governor or his designated officer(s) must begin an investigation within one week.

(7) Citizens can likewise petition the Sovereign concerning their Governor. The Sovereign must respond within one month unless the petition asks for an investigation into the commission of a crime or the denial of a citizen's rights by the Governor; in those cases the Sovereign and the Minister of State or the Sovereign's officer(s) must begin an investigation within one week.

(8) The Sovereign may remove a Governor at will. If a majority of the citizens of the Province request an explanation for the removal, the Sovereign may provide one in writing. The Sovereign is obliged to do so.

(9) Any Governor found guilty of Treason, Bribery, non-involuntary Murder, or the denial of a citizen's rights must be removed by the Sovereign.

Article 42 Provincial Elections

(1) At such time as the population of a Province is at or above 25 citizens for a period of six months the Seneschal shall schedule general elections for that Province.

(2) During these general elections the citizens shall vote for a new Provincial Governor. The candidate that receives the greatest number of votes shall be nominated to the Sovereign. The nominee for Provincial Governor must be a citizen of the Province and must hold no other position within the government or the judiciary.

(3) The Sovereign may then either forward the nomination to the First Senator as in Article 41 item 2 or reject the nomination. The Sovereign's rejection must be made within 1 month of the Provincial Conclave's nomination or the nomination will be forwarded to the First Senator by default.

(4) If the nominee is rejected by the Sovereign or by the Assembly the Sovereign may appoint a Provincial Governor at will.

(5) As long as the population of the Province remains at or above 25 persons the Seneschal shall schedule general elections for that Province every four years.

Article 43 Migration

(1) After being a citizen of a Province for one year a citizen may request migration to another Province. Such request must be delivered to the Councilor(s) of their present Province in writing. The Councilor(s) must respond within one month.

(2) If the Councilor(s) agree, the request shall be transmitted to the Councilor(s) of the Province the citizen wishes to migrate to. If the Councilor(s) of the Province of Residence decline, the citizen may wait one month and re-submit the same request. If it is declined again, the citizen may direct the request to the Councilor(s) of the desired Province of migration. When presented with such a request, the Councilor(s) of the desired Province of migration must respond within one month.

(3) If the Councilor(s) of the desired Province of migration agree to the request, the citizen shall be migrated to that Province. If they refuse, the citizen may immediately appeal the decision to the Sovereign. The Sovereign must respond to this request within one month. If the Sovereign grants the request the citizen shall be migrated to the desired Province of migration. If the Sovereign refuses the citizen must wait six months from the date of refusal to begin the process of migration again.

(4) The migration of citizens shall occur on the day after the end of the next general election of the Senate and/or Council and shall be performed by the Minister of State.

(5) No citizen may successfully migrate more than once in any three year period.

(6) No citizen may migrate more than eight times in his or her lifetime.

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