Jun 25, 2007

First Draft of the Constitution, part 3

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.

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