Jul 9, 2007

Complete Thrid Draft of the Constitution

[in original formatting -ed]



Preamble

In furtherance of with the desire of all people to be free, to gather together, and to determine their own destiny, His Royal Majesty Richard has created this constitution for the Kingdom of Edan to protect its citizens and their rights.

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).

(c) The natural child of at lat least one native Edanian parent.

(2) All citizens must take an oath of fealty at the time of naturalization or within 1 month of their 18th birthday. Failure to do so may result in penalties up to the loss of citizenship.

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

(4) 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".

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 may exercise freedom of belief in accordance with the law.

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

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

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

(4) The royal coat of arms and seal shall be a black shield bordered in gold with a large Jerusalem cross, also of gold, centered. Below shall be the motto of the Royal Family.

(5) The motto of the Royal Family is “Magna est Veritas et Praevalet”.

(6) The national anthem of the Kingdom of Edan is “Mars: the Bringer of War” from the Planets Suite 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 holds as inherent and inalienable the rights of all people to freedom, dignity, and justice.

(2) The Kingdom promotes:

(a) The rights of its citizens as individuals.

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

(c) The cultural identity of Edanian citizens.

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

(e) The creation and maintenance of the Kingdom of Edan as a community

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 Citizens

(1) Citizens are the life of the Kingdom. Except as listed below all citizens above the age of 17 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 individuals that do so 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) Refusal to swear the oath of fealty as described in this constitution shall be considered to be a willful refusal of citizenship.

(6) 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.

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 from highest to lowest;

(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) Count

(c) Earl

(d) Lord

(e) Baron

(4) Peerages shall be inherited by a modified form of primogeniture as detailed by Royal Decree.

(5) All nobles have a duty and responsibility to act as examples of the highest ideals of the Kingdom. The King can rescind the titles and duties of nobles and noble families for Treason, Sedition, moral turpitude, or being negligent in their responsibilities to the Kingdom.

(a)If the removal of titles is based upon a charge of moral turpitude that is not

associated with a civil or criminal conviction the noble can appeal to the

Council. If the Council votes against the action of the King unanimously the

noble may retain his title and position.

(b) The stripping of titles shall also include the forfeiture of all grants of money,

stipends, income, property, or land granted as part of either titles or duties.

Article 8 Organizational Principles

(1) The Kingdom separates executive, legislative, and judicial powers other than within the Royal Family, who embody the sovereignty of the Kingdom. Excepting the King, Queen, Royal Princes, and Royal Princesses, 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.

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

(3) The Regent may never hold any other position.

Article 9 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 including banking, securities, stocks, bonds, commodities, and other financial instruments, markets, or institutions.

(d) Labor regulations, including terms, wages, hours, safety, and conditions of labor, corporate law, and the regulation of unions, guilds, and other such organizations.

(e) Infrastructure, utilities, and traffic.

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

(g) Private, criminal, and procedural law.

(h) Educational and technical training standards.

(i) Weights and measures.

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

(k) The establishment of professional standards, the licensing of professionals, and the enforcement of such standards.

(l) The regulation and registration of patents, copyrights, and trademarks and the enforcement of such standards.

(m) The regulation of waterways, seaways, airspace, and related transportation controls.

(n) The use of the electromagnetic spectrum for communications, other media, or any form or commercial or non-commercial use.

(o) 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 10 The Sovereign

(1) As the source of the Kingdom and its sovereignty, the Sovereign is the embodiment of the Kingdom and its citizens as well as 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 Royal 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 review and approve or disapprove legislation, the right of High Justice, and the sole right to conduct foreign affairs and all other representative functions of the State.

(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 descendents (children or grandchildren) as the Heir Designate. If no living descendent exists or if all living descendents are ineligible, the King may select another close relative (sibling, cousin, niece, or nephew) as Heir Designate. If no such relative exists or if all such relative are ineligible, the King may appoint a Duke, Count, or Earl or one of their descendents as the Heir Designate. The Heir Designate shall assume the throne pursuant to Part II, Article 9, Item 2, above. The Heir Designate shall be styled His Highness, the Crown Prince or Her Highness, the Crown Princess. In exception, spouses shall retain their existing title(s).

(6) The Heir Designate must be a practicing Catholic in communion with Rome.

(7) If the Heir Designate is under the age of 18 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, the living spouse of the former King shall be made Regent unless a three-fourths majority of the Senate and the council, voting separately, rejects them as Regent. If this occurs, 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 Regent shall exercise all powers of the King, excepting the designation of heirs, until the majority of the King.

(8) The Regent must be a practicing Catholic in Communion with Rome.

(9) If the King is found by three independent medical experts to be permanently incapable of fulfilling his duties 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.

(10) If the King is temporarily incapacitated his duties will be fulfilled by the Royal Spouse and the Heir Designate.

11) The King must remain a practicing Catholic in communion with Rome. If the King is excommunicated by His Holiness the Pope and does not return to full communion with the Catholic Church within 2 years a simple majority of the General Assembly may remove him from the throne.

(12) The Royal Spouse must be a practicing Catholic in communion with Rome at the time of marriage and thereafter. The King may only marry by means of a Catholic ceremony and all descendents of the King must be raised as Catholics in communion with Rome.

(13) The King may announce his abdication by Royal Decree. Such a Decree of Abdication must name the Heir Designate and Regent, if required.

(14) 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; child; grandchild; sibling: niece or nephew; cousin (in order of relation). If the new King is below the age of 16 a regent shall be appointed as in Article 10 Section 4.

(12) If no living relative exists as defined above, the First Senator shall direct the Minister of Foreign Affairs to seek out potential Sovereigns. Such nominees must be practicing Catholics in communion with Rome, of the highest moral caliber, and 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.

(13) 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 11 The King

(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, office, ministry, or group,

(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 King appoints national Ministers, subject to the approval of the Assembly, and may dismiss them freely.

(4) The King appoints all ambassadors and may dismiss them freely.

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

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

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

(8) The King 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.

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

(10) The King 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 King has the right to issue Royal Decrees, which are freely disseminated throughout the Kingdom. Royal Decrees are the instruments of the King's powers and are used to announce and confirm the creation of holidays, the appointment of ministers, et. al. As instruments of the powers of the head of state Royal Decrees have the force of law unless the High Tribunal determines that they violate the constitution of the Kingdom.

Article 12 Removal from the Throne

If the King is found guilty by the High Tribunal of High Treason 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 13 The Cabinet

(1) The members of the Cabinet aid the King in his exercise of executive power. They also advise the King 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 King 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 King'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 King.

(6) The Council must approve or reject a Cabinet nominee within one week of the King'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 immediately.

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

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

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

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

(11) If a Ministerial position becomes vacant the King retains all of the rights and privledges of the position himself until a new member of the Cabinet is confirmed.

Article 14 The Minister of State

(1) The Minister of State shall have the highest precedence within the cabinet.

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

(3) The Minister of State shall oversee all elections as set forth in this

Constitution.

(4) The Minister of State 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 King, the courts and the Assembly.

Article 15 The Minister of Foreign Affairs

(1) The Minister of Foreign Affairs shall be second in precedence within the cabinet.

(2) The Minister of Foreign Affairs 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 Minister of Foreign Affairs shall oversee the activities of all ambassadors, consuls, and diplomats. In particular, the Minister of Foreign Affairs 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 Minister of Foreign Affairs shall serve as Ambassador-at-Large for the Kingdom, representing Edan at critical negotiations, summits, and treaty signings as determined by the King.

Article 16 The Minister of Finance

(1) The Minister of Finance shall be third in precedence within the cabinet.

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

(3) The Minister of Finance will work closely with the King to draft a proposed budget for the Assembly.

(4) At such time as the Assembly approves a budget, the Minister of Finance, in consultation with the King and the Minister of State, shall set the taxes for the forthcoming year. The proposed taxes shall be submitted to the King for approval no later than one month after the approval of a new budget. The King 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.

(5 ) The Minister of Finance shall maintain copies of all financial records of the Kingdom. Such records shall be freely available to the King, the First Senator, and the President of the Council.

Article 17 The Minister of Information

(1) The Minister of Information shall be fourth in precedence within the cabinet.

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

(3) The Minister of Information 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 Minister of Information shall maintain separate copies of the Record of Legislation provided to him by the Secretary of the Council.

Article 18 The Minister of Justice

(1) The Minister of Justice shall be called the fifth in precedence.

(2) The Minister of Justice 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 Minister of Justice 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 Minister of Justice 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 Minister of Justice and his official records shall be available to the King and the High Tribunal for assistance at all times.

Article 19 The Minister of the Armed Forces

(1) The Minister of the Armed Forces shall be sixth in precedence within the cabinet.

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

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

Article 20 Royal Advisors

(1) The King 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 King 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 King.

Article 21 Other Cabinet Positions

(1) Additional Cabinet positions may be created by the King. 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 King'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 22 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 is 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 at or above the age of 18 shall each have one equal vote.

(3) General Elections are scheduled every two years for the Senate. General Elections shall begin on March 1st at 00:01 GMT and shall last until March 2nd at 23:59 GMT. Votes not cast during the time 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 72 hours. Votes not cast during this period are not counted.

(5) The results of elections shall be determined after no less than 2 full counts of all votes cast. If more than 3 full counts are required the Ministry of Justice shall assist in the determination of vote totals. Results are to be posted openly and publicly.

(6) In the event of equal results in an election the Minister of State is to determine the final winner(s) by means of random choice. If multiple candidates are tied in their results, the random selection of winners shall select one positive result at a time until the election is resolved. The members of the High Tribunal and the King shall directly oversee such random choices.

Article 23 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, rounding up.

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

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

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

(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 King 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) Senators must be citizens of the Kingdom and cannot be members of the Peerage.

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

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

(7) Vacancies within the Senate are to be filled by appointment by the

King, pending the next scheduled general election of the Senate.

(8) 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 King then ratifies this nomination; the King 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 King and the Law will also ratify him or her. If the Senate fails to nominate a First Senator within the first week, the King 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 King may dissolve the Senate and call for special elections of the entire Senate.

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

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. Likewise, if a member of the Council is unable to attend due to illness, military service, or other such circumstances their heir may fulfill their duties with the approval of the King.

(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 16 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.

Article 25 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 King on matters of State.

Article 26 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) The President of the Council decides all tie votes within the Council.

(4) It is the duty of the President of the Council to advise the King on matters of State.

Article 27 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 or High Treason.

(2) Members of the Assembly may not be arrested or detained while physically present at 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 28 The Legislative Process

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

(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 end of the time allotted for voting.

(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 King. The King 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 King it is returned to the originating house along with a written record of the King's objections to the Bill. If it is re-approved by unanimous vote 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 King's rejection. Any Laws that 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 King must accept or reject proposed Constitutional Amendments as a whole. Constitutional Amendments cannot be made Law over the King'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 29 Expenditures

(1) In exception to the above, Bills concerning expenditures, Assembly remuneration, and the Budget may only be introduced by members of the Senate or by the King. The King’s proposed Budget must be the first bill introduced in the Senate during the first conclave of the year, must be voted on as soon as possible and all votes must be complete within the first conclave. If not voted against by a three-fourths majority of the Senate, it is accepted. Once approved, it will be forwarded to the Council, which must also vote on the Budget immediately. If the Council rejects the proposed Budget by a three-fourths majority, they must provide public and written objections and suggestions for improvement. After the rejection of the King’s budget Senators and the King may introduce other proposals for a budget. This later proposals are voted for by simple majority of both the Senate and the Council. The Senate shall conduct no other business until a new budget is forwarded to the Council.

(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 King 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 Senate and may freely replace the President of the Council.

Article 30 Sessions and Conclaves

(1) A session of the Assembly shall last from March 8th until October 31st.

(2) On March 8th the President of the Council shall call a Conclave; each such Conclave shall consist of an eight-week period during which the work of the Assembly is performed.

( 3) At the end of a Conclave there is a two-week recess. On the first day of the third week the President of the Council shall call the next Conclave.

(4) Once per session the First Senator may request that the King grant a Null Conclave; such a Conclave is eight-week period of extended recess between standard recesses. It is the decision of the King to honor or refuse such a request.

(5) The Grand Conclave shall be held each year on the 15th of November.

(a) The Cabinet, the High Tribunal, and the King 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 King declares the state of the Kingdom and addresses the citizens concerning the upcoming year.

Article 31 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 King to dissolve the Senate. The King must honor this request by issuing a Royal Decree of Dissolution within two days.

(2) Each member of the Senate may request a Vote of Confidence once per session during a Conclave. The Vote of Confidence will be taken immediately. 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 King is asked by the First Senator to dissolve the Senate. The King is obliged to honor this request. The First Senator is not obligated to call for this vote.

(4) Once per session the President of the Council may ask that the members of the Senate take a Special Vote of Confidence. If this vote fails to gain a simple majority of the votes of the Senate, the President of the Council shall ask the King to Dissolve the Senate. The King is obliged to honor this request and any Royal Decree of Dissolution must be issued within two days.

(5) Once per session, the King may call for a Vote of Confidence, as detailed above, for the Senate. This is in addition to any other calls for a Vote of Confidence and may be made at any time during any normal or Special Conclave.

(6) If the Senate is Dissolved, the King shall direct the Minister of State to hold special elections for the dissolved house 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 32 Treaties

(1) The King 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 King'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 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 both 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.

(6) A State of Emergency can be ended by Royal Decree.

(7) All laws, legal judgments, and other such Royal Decrees issued by the King during a State of Emergency shall have the full force of law for the duration of the emergency. All such laws must be ratified as per new legislation to extend more than 30 beyond the end of emergency powers.

Chapter V Judicial Power

Article 34 The Courts

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

(2) Judges are appointed by the King pending the approval of the

Assembly. They are independent. Their time in office is determined by the King or by the terms of this Constitution. Any judicial tenure determined by the King must be reasonable and uniform.

Article 35 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 King 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 King; 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 King 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 King or to the First Senator if the King is unavailable.

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

(13) The King alone has the right of High Justice, which allows him to amend, modify, reduce, or nullify a ruling of the High Tribunal or to pardon persons condemned by the High Tribunal. High Justice does not permit the King to affect his own removal from the throne.

Article 36 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) Decisions of the Review Courts may be appealed to the High Tribunal.

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

(7) The King must remove Judges of Royal Courts for Treason, Murder, and Bribery.

(8) The King alone has 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.

Chapter VI The Statement of Rights

Part I General Provisions

Article 37 Basic Rights

(1) The Kingdom acknowledges that all people are equal in their basic 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 just Kingdom.

Article 38 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) No person may assist another in voluntarily ending his or her own life.

(4) 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 the cessation of artificial life support in case of brain death.

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

(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 removal from artificial life support. 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.

(5) All such termination of artificial life support shall be administered by appropriate medical personnel with full concern for the person’s dignity.

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

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

Article 39 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) While the official religion of the Kingdom is Catholicism only the King, the Royal Spouse, and the Designated Heir are required to be Catholic. All citizens have equal basic rights in the eyes of the law.

(4) The Kingdom shall limit laws that inhibit the freedom of the press, except in cases of public morals, public order, to protect the privacy of individuals, and during times of emergency.

(5) 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.

(6) 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 or is inherently dangerous to those assembling or to others.

(7) 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 against the citizens, nobility, government, or other members or entities of the Kingdom; or where such groups deprive or attempt to deprive other citizens of their basic rights.

(8) 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(s) or person(s) to be seized.

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

Article 40 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 41 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 Crimes Against the Kingdom

Article 42 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.

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