Aug 26, 2008

The Ninth Draft of the Constitution

With a rather serious change to the section on Nobles and many name changes. His Royal Highness the Crown Prince was instrumental in this draft, so please leave your feedback.


Text Follows:


Preamble

In furtherance of 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 in humble acknowledgement of God who is the source of all justice, all freedom, and all good.

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 this constitution 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) All citizens must take an oath of fealty at the time of naturalization or within of time following their 18th birthday as defined in this constitution. 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.

(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 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 with a large Jerusalem cross 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 its people to freedom, dignity, and justice.

(2) The Kingdom promotes:

(a) The rights of its citizens as individuals and as a Kingdom.

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

(c) The cultural identity of Edanian citizens and the Kingdom.

(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 violence and catastrophe.

Chapter III Organization of the Kingdom

Part I General Organization

Article 6 Citizens

(1) Citizens are the life of the Kingdom. Native and naturalized citizens are equal in the eyes of the Kingdom. To be a citizen a person must;

(a) Be 18 years of age or older and have sworn a valid oath of fealty to the King. A person must be of sound mind to swear an oath of fealty.

(b) Be 17 years of age or younger or be incapable of swearing a valid oath of fealty and be the child or legal ward of a citizen.

(2) Citizens cannot be involuntarily deprived of their citizenship except as defined by this constitution. Citizens wishing to relinquish their citizenship may do so by delivering a written, public, signed letter of repudiation of citizenship 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.

(a) 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.

(b) 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.

(3) Refusal to swear the oath of fealty as described in this constitution shall be considered to be a willful refusal of citizenship. Upon turning 18 years old a citizen has 6 months to either swear the oath of fealty or be declared mentally incompetent. If either condition is not met, that person relinquishes their citizenship, but is free to apply for citizenship after the age of 25.

(4) The right to vote is not universal. In order to have the ability to vote a person must;

(a) Be a citizen of Edan as defined in Article 6 section 1 of this Constitution

(b) Be mentally competent

(c) Be male

(d) Be at least 18 years old

(e) Not be barred from voting due to penalties imposed by the courts for a specific conviction

(f) Have valid census information on file with the Ministry of State no more than 5 years old

(g) Have met the minimum education standards of the Kingdom as defined in this Constitution, Article 39 item 10, as demonstrated by formal test

Article 7 Organizational Principles

(1) The powers and rights of the Edanian government are expressions of the King’s sovereignty. Executive, judicial, and legislative powers cannot be separated in the person of the King or in the institution of the Kingdom. This constitution establishes checks and limits to the King’s powers to ensure just and moral government in the interests of the Edanian people.

Article 8 Powers of the Kingdom

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

(a) Defense of the nation. No person may raise or maintain armies, militias, armed vessels, or private military forces except as formally authorized by Edicts of Ennoblement or as a duly-appointed Royal Governor with direct authorization by the King. All armed forces, navies, armed vessels, or militias are under the authority of the King.

(b) Foreign relations. No private citizen, senator, councilor, noble, or other citizen of Edan may engage in diplomacy with foreign states without being formally charged as an ambassador by the King or the Minister of Foreign Affairs.

(c) Economic regulations including banking, securities, stocks, bonds, commodities, and other financial instruments, markets, or institutions.

(d) Infrastructure, utilities, and traffic including canals, roads, thoroughfares, rivers, streams, lakes, public computer networks, electricity distribution, gas distribution, and all similar systems.

(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, printing or other creation of money, as well as the establishment of its value.

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

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

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

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

(n) The definition of marriage, contract law, corporate nature and structure, the definition of public morals, private moral behavior, and other such matters of family and social morality.

(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. If membership or participation in such a body requires the violation of the rights enumerated in this constitution the Kingdom shall not join or participate in such a group.

(3) As agents of the Crown, Nobles are given special powers to legislate, police, and enforce these powers. Failure to fulfill these duties can be grounds for negligence.

Part II Representation of the Kingdom

Article 9 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 Heir Designate is chosen in accord with the rules of primogeniture. If no living male descendent exists or if all living male descendents are ineligible, the King may select another Heir Designate according to agnatic-cognatic inheritance based upon the bloodlines of the then-reigning King. If no such relative exists or if all such relative are ineligible, the King may select a female heir following the same process. If there is still no eligible heir, the King may slelct an heir via proximity of blood, males first and then females. If no eligible relative exists within 7 degrees of relationship, the King may appoint a Duke, Count, 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) The Kingdom of Edan is inherited as a fideicommissum, although the granting of territory, land, or other assets as fiefdoms is permitted.

(8) Without royal edict, all noble titles, lands, properties, etc. shall also be bound by the inheritance laws described in Article 10, items 5 through 7 with the following exceptions

(a) There is no requirement for a noble or his heirs to be Catholic unless such a requirement was included in the Edict of Entitlement.

(b) If there are no eligible relatives via proximity of blood all inheritance shall revert to the King or superior liege lord.

(9) 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.

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

(11) 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.

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

(13) 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.

(14) 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.

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

Part III Executive Power

Article 10 The King

(1) The executive powers and privileges of the Kingdom are solely the King’s, although some of those powers and privileges are partially extended to others.

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

(a) No power, right, or ability of the King 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 responsibility of 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 Noble titles, lands, property, and monies as he sees fit.

(12) The King may issues letters of marque and reprisal

(13) The King exercises his rights through Royal Decrees. As instruments of the sovereign power of the King Royal Decrees have the force of law.

Article 11 The Nobility

(1) The Nobility of the Kingdom of Edan consists of those citizens granted a noble title by the King or by a noble with the Right of Enfeofment. The King grants titles of nobility at will. Nobles granted the Right of Enfeofment may exercise that right as defined in their own Edict of Ennoblement, subject to the approval of the King and their own liege, as appropriate. Members of the Nobility are officers of the government and are granted special rights by law.

(2) Titles, precedent, Rights of Enfeofment, and inheritability are established by the King via the Edict of Ennoblement which creates a new noble. If a lesser Noble is enfeofedby a Noble other than the king, these terms shall be limited as per the King’s original Edict of Ennoblement and any sub-liege’s own strictures.

(3) The Royal Family is, by definition, first in precedence and honors.

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

(a) A Noble facing the removal of titles for moral turpitude or negligence can appeal to the Senate. If the Senate votes against the action of the King by 3/4ths majority the noble may retain his titles and positions.

(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.

(c) All titles, lands, incomes, stipends, property, or other goods, honors, and titles, shall revert to the King or to the liege lord who granted the title(s) and position(s). The responsibilities of the lands and peoples of the former noble shall also revert to the King or other grantor of title(s) and position(s).

Article 12 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 receiving the nomination from the Senate. 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 and need not have cause or approval. The First Senator or President of the Council may request that the King present a written explanation of such a removal; the King is not obliged to do so. If the King does submit a written explanation, he may demand that it 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 privileges

of the position himself until a new member of the Cabinet is confirmed.

Article 13 The High Chamberlain

(1) The High Chamberlain shall have the highest precedence within the cabinet.

(2) The High Chamberlain 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 High Chamberlain shall oversee all elections as set forth in this

Constitution.

(4) The High Chamberlain shall maintain a constant Census of citizens of the Kingdom. Every tenth year he shall oversee a Grand Census. The King may call for a Royal Census; the Grand Census and Royal Census shall be the best efforts possible to the Kingdom to accurately count each and every citizen of the Kingdom. The King may not call a Royal Census within 35 months of a previous or planned future Grand census. Further the King may not call a Royal Census within 23 months of a past Royal Census. Otherwise, the King may call a census at will. The Grand 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.

(5) If the High Chamberlain is a Noble, he shall be called the Lord High Chamberlain.

Article 14 The High Chancellor

(1) The High Chancellor shall be second in precedence within the cabinet.

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

(5) If the High Chancellor is a Noble, he shall be called the Lord High Chancellor.

Article 15 The High Treasurer

(1) The High Treasurer shall be third in precedence within the cabinet.

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

(3) The High Treasurer 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 High Treasurer, in consultation with the King and the High Chamberlain, 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 High Treasurer 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.

(6) If the High Treasurer is a Noble, he shall be called the Lord High Treasurer.

Article 16 The High Constable

(1) The High Constable shall be called the fourth in precedence.

(2) The High Constable 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 High Constable 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 High Constable shall ensure that all Royal justice officers properly represent and advance the best interests of the Kingdom of Edan in the performance of their duties.

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

(5) If a Noble, the shall be called the Lord High Constable.

Article 17 The High Marshall

(1) The High Marshall shall be fifth in precedence within the cabinet.

(2) The High Marshall is concerned with the defense of the Kingdom from outside threats and is the head of the Ministry of the Army and Navy.

(3) The High Marshall 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.

(4) If a Noble, he shall be called the Lord High Marshall.

Article 18 The High Steward

(1) The High Steward shall be sixth in precedence within the cabinet.

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

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

(5) If a noble, he shall be called the Lord High Steward.

Article 19 Royal Advisors

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

(2) Royal Advisors head no Ministry and may 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 20 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 21 Elections

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

(2) 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.

(3) 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.

(4) 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.

(5) In the event of equal results in an election the Minister of State is to determine the final winner(s) by means of run off elections between those candidates. If multiple candidates are tied in their results, run off election(s) shall be held concurrently and repeatedly until results are final..

Article 22 The Assembly; the Senate

(1) The legislative power is vested primarily in the Assembly. The Assembly is divided into two houses, the Senate and the Council. The Council is the senior body.

(2) Senators are elected to the Senate in two manners; “At Large” Senators are elected in general elections by all citizens of the nation. ‘Domain” Senators are elected by the citizens of a particular Noble Domain. The Senate is a proportional representation body. The number of Senators is determined as follows;

(a) If the Kingdom’s total population is below 100 persons, the Senate shall not be formed. All functions and duties of the Senate shall be assumed by the Council or, if that body is less than its minimum size, by the King.

(b) If the Kingdom’s total population is less than 500 persons, there shall be one ‘At Large’ senator for every 50 persons, rounding up.

(c) If the Kingdom’s total population is less than 1,000 persons, there shall be one ‘At Large’ senator for every 100 persons, rounding up.

(d) If the Kingdom’s total population is less than 5,000 persons, there shall be one ‘At Large’ senator for every 500 persons, rounding up.

(e) If the Kingdom’s total population is less than 10,000 persons, there shall be one ‘At Large’ senator for every 1000 persons, rounding down.

(f) If the Kingdom’s population is above 10,000 then the Senate shall have 12 ‘At Large’ members.

(g) In exception to the above, there shall never be fewer than 7 senators within the Assembly. If fewer than 7 senators are available due to insufficient candidates the King will fill any vacancies by royal decree.

(h) In addition to the above, each major noble realm shall have a single ‘Domain’ senator elected from their own citizens. Only citizens resident within the fiefdom or sworn to the noble may vote in such domain elections. Citizens of sub-fiefs or sworn to subordinate nobles are included in such voting.

(i) for purposes of this determination, a ‘major noble realm’ is one where the Royal Edict of Ennoblement grants a Right of Enfeofment with the potential of at least 2 levels of subordinate hereditary nobility.

(ii) Each major noble realm is entitled to its own Domain Senator even if subordinate enfeofments have not been granted

(i) 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, Senators must be eligible to vote and cannot be Nobles.

(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) Once per term a senator may request a Leave of Absence lasting for up to 2 Conclaves. The Leave of Absence must be granted. The senator is exempt from rules of voting in Article 23, item 6 during that time.

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

(9) 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 King fails to ratify the selection of First Senator within 2 days, the First Senator is ratified by default. If the position of First Senator is vacated for any reason, the Senate shall elect a new First Senator and the King will also ratify him. 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 or he may appoint a First Senator. If a First Senator is appointed by the King, the Council shall approve them in a manner identical to the approval or rejection of a member of the Cabinet.

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

Article 23 The Assembly; the Council

(1) The Council is composed of the Nobles of the Kingdom. Specifically the holder of a Noble title is eligible for Council membership. If the Noble is under the age of 21 the King shall appoint a family member to represent them in the Council; this appointment will be amongst relatives eligible to vote and closest in proximity of blood who are 21 years old or older. If no such family member is available the King shall appoint a citizen to the council to represent them until the titleholder turns 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) The Council shall never consist of more than 12 members. Membership in the Council will be determined by precedence.

(3) If there are less than 7 Nobles of appropriate age within the Kingdom, then the powers of the Council shall pass to the King.

(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 in a 10 year period they may be considered derelict in their duties to the Kingdom. Proxies appointed by the King or by a titleholder that are derelict in their duties will not impugn the responsibilities of the noble they represent. Instead, they shall be replaced by a new proxy.

(5) A member of the Council may request a leave of absence each year; the President of the Council (or King, if the President of the Council requests such leave) may decline this request. A Leave of Absence last 2 Conclaves and the member of the Council is exempt from the voting rules of Article 24, item 5 during that time.

(6) A member of the Council on active military duty with no heir over the age of 21 may request that his seat on the Council remain vacant until such time as his term of active duty is over, his heir achieves the age of 21, or he assigns a proxy. During this time the voting rules of Article 24 item 5 do not apply. The King may accept this request, deny this request, or appoint his own proxy at will.

(7) That member of the Council with highest precedence as defined by the Royal Edicts of Ennoblement shall assume the title and duties of Earl Marshal.

(8) If the member of the Council with highest precedent is below the age of 21, medically incapacitated for more than 6 months without assigning their Council duties to their heir, holding a position within the Cabinet, on Leave of Absence, or engaged in active military service the position of Earl Marshal shall be awarded in declining order of precedence until such time as the premiere member of the Council may take up ror resume their duties.

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

Article 24 The First Senator

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

(2) The First Senator appoints a fellow member of the Senate as Secretary of the Senate. The Secretary of the Senate creates, maintains, and 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 25 The Earl Marshal

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

(2) The Earl Marshal appoints a fellow Councilor as Secretary of the Council. The Secretary of the Council creates and .maintains the Record of Legislation.

(3) It is the duty of the Earl Marshal to advise the King on matters of State.

Article 26 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, Blasphemy, Calumny against the Catholic Church, High Treason, or High Treachery.

(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 27 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.

(a) the Secretary of State shall devise procedures to prevent voting fraud

(b) the First Senator and President of the Council shall enforce such procedures.

(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. Bills submitted by the King are introduced into the Council. 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. If the King rejects portions of a bill, it may only be by designated sections.

(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.

(10) Bills introduced for non-legislative purposes, such as recommendations to the King or the return of the right to vote in specific cases, are referred to as Acts of the Assembly.

Article 28 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 once a First Senator is named, 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. These 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 any expenditure allocated for more than a 1-year period requires a 2/3 majority of both houses of the Assembly. No expenditure may be allocated for more than 6 years. No expenditure may be of limited but 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.

Article 29 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 an eight-week period of extended recess between standard recesses. The King may accept or refuse such a request at will.

(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 publishing of the next year’s tax schedule and the Royal Address, where the King declares the state of the Kingdom and addresses the citizens concerning the upcoming year.

Article 30 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 King may dissolve the Senate by Royal Decree issued within 2 days of the failed vote.

(2) The King may call for a Vote of Confidence once per session. This request may be made at any time during any normal or Special Conclave.

(3) 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 31 Treaties

(1) The King retains the sole 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 two conclaves 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 32 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 days beyond the end of emergency powers. Legal judgments and those powers normally retained by the King remain in full force.

Chapter V Judicial Power

Article 33 The Courts

(1) Judicial power is a function of the King’s sovereignty. Judicial power is to be applied justly and fairly.

(2) Judges are appointed by the King or his Nobles. Their time in office is determined by the King, the appointing Noble, by the terms of this Constitution, or by legislation. Any judicial tenure must be reasonable and uniform.

(3) Members of the Peerage may not be appointed as judges to any court but the High Tribunal.

Article 34 The High Tribunal

(1) The High Tribunal is the highest court of the Kingdom and decides issues that cannot be resolved by lower courts. In particular, the High Tribunal has jurisdiction over cases on appeal from Royal Courts as the High Tribunal deems necessary to review.

(2) 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 King’s power of High Justice.

(3) 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. They further may hold no other office for one full year after leaving the High Tribunal.

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

(5) 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.

(6) 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.

(7) 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.

(8) 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.

(9) 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.

(10) 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.

(11) The King may remove a member of the High Tribunal for High Treason, Bribery, or conviction for any other felony.

(12) A member of the High Tribunal may also be removed by the King for dereliction of duty, malfeasance, or incompetence. A 2/3 vote of each house of the Assembly may prevent removal of a member of the High Tribunal for these reasons.

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

(14) The High Tribunal cannot remove the King from the throne except in accordance with this constitution, nor may the High Tribunal nullify any element of the King’s powers.

Article 35 Royal Courts

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

(2) Royal courts have supreme jurisdiction over matters assigned to them by Royal Decree.

(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 Royal Courts of Review 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 or conviction for a felony.

Article 36 Noble Courts

(1) The Lower Courts, or Noble Courts, are created by Noble Decree by the authority of the privileges granted to certain nobles by the King.

(2) Noble Courts are established by Peers and the Gentry of the rank of Baronet and above. Such courts must meet within the territory of their establishing noble. If the noble has no established territory, the court must convene in a space accessible to the citizens for whom the noble is responsible. Noble Courts must meet regularly during times accessible to the citizens of the fiefdom without undue interference with labor or worship and must allot sufficient time for the proper discharge of justice.

(3) The authorizing noble shall preside at their own Noble Court. A qualified representative, as determined by Royal standards, may be appointed by the noble as Judge to preside over and judge each case. The authorizing noble is in all ways responsible for the conduct of his own courts and judges.

(4) Noble Courts have primary jurisdiction over common law, family law, misdemeanors, real estate, property disputes, and all other legal matters not specifically limited to higher courts.

(5) Persons judged by Noble Courts may appeal to the Noble Court of the liege lord of the authorizing noble of their primary trial, if such exists. Such appeals may then proceed to the Royal Courts.

(6) Authorizing nobles have the right of Low Justice over their own courts, allowing them to modify or nullify the verdict of the judges they appoint. The exercise of Low Justice may be appealed as detailed in Article 36, item 5.

Chapter VI The Statement of Rights

Article 37 Basic Rights

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

(2) The Kingdom and its government shall guarantee its citizens the rights set forth in this Constitution subject only to the limits defined by legislation 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) 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. Therefore, abortion is prohibited.

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 all citizens have equal basic rights in the eyes of the law. Certain positions in the Kingdom may require that their holders must be Catholic, but this shall be restricted to members of the Royal Family, Royal Chaplains and other similar positions.

(4) The Kingdom shall make no law that limits the freedom of speech, except in the case of public order, public morality, sedition, treason, blasphemy, or calumny against the Catholic Church. A person who exercises their freedom of speech is also responsible for the abuse of that right to commit libel, slander and other crimes.

(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 or is inherently dangerous to those assembling or to others. Further, groups advocating sedition, treason, murder, or blasphemy are not protected from legal consequences for their statements and actions. No public assembly under arms may be considered peaceful.

(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 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. Further, groups which advocate or commit acts of treason, sedition, blasphemy, or calumny against the Catholic Church are not protected.

(7) No person may be arrested without a warrant issued by a member of the Peerage or a judge except in cases of direct observance of a crime by an agent of the Crown or member of the Peerage. 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.

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

(9) No person may be held without being charged with a crime except in times of declared emergency.

(10) Parents have the right and responsibility to determine the course of education for their children. The kingdom shall not limit the rights of parents to educate their own children regardless of the limits of their means and circumstances. The kingdom cannot make public education compulsory. Children should be educated toward a commonly-held minimum standard, regardless of their source of education.

(a) For purposes of reading, the minimum education standard is the ability to understand similes and metaphors and the ability to identify the plot of a four-paragraph narrative in a written document

(b) For purposes of writing, the minimum education standard is the ability to write a grammatically-correct two- to four- paragraph narrative of a situation described by a tester.

(c) For purposes of math, the minimum education standard is the ability to make change and tell time

Article 40 The Right to Dignity

(1) Each and every person has the right to dignity and just treatment. While the Kingdom and its officers cannot provide dignity, the citizens of Edan are equal in the law regardless of income, position, education, religion, origin, or status.

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

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

(4) The Kingdom 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. The privacy of an individual, family, group, or any other entity cannot shield them from the investigation of a crime or potential crime. Further, considerations of privacy do not prevent the Kingdom from establishing and enforcing statutes and laws concerning public order, morals, public safety, familial structure, personal morals, and family morals.

(5) Personal property may not be taken without due compensation, except where such confiscation is imposed as a fine by the courts. Such fines may not be excessive. The forfeiture of lands, properties, titles, etc. due to a revocation of a Writ of Entitlement shall never be considered excessive.

(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. The accused have the right to confront their accuser(s). No person may be forced to testify against their spouse. 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 race.

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

Chapter VII Crimes Against the Kingdom

Article 41 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 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.

(4) Perfidy is the intentional breaking of any Oath of Fealty, or falsely entering into such an Oath, by the oath-taker of lower precedence. High Treachery is the same crime committed by a Noble toward a lower-precedence oath-taker.

(5) Blasphemy is any public act, public utterance, or public writing against God with the purpose of dishonoring the Divine Majesty. For the purposes of the law, Blasphemy shall also include sacrilege (the theft, destruction, profanation, or misuse of any holy relic, piece of a sacramental and sanctified altar service, or the holy Eucharist). The mere use of profanity is not the High Crime of Blasphemy in and of itself.

(6) Calumny against the Catholic Church is any public act, public utterance or public writing that is disparaging toward or promotes hatred or contempt of the Catholic Church, the Catholic Saints, the Catholic bible, or Catholic dogma.

(7) Those found guilty of a High Crime may appeal to the King.

(8) People guilty of High Treason, Sedition, Perfidy, or High Treachery may not hold any position within the government of the Kingdom and lose the right to vote. Nobles found guilty of such crimes may be stripped of all titles and lands. The right to vote may be returned after a period of 10 years by an Act of the Assembly, but this is not required. Additional penalties may be imposed by the High Tribunal.

(9) People guilty of Blasphemy or Calumny against the Catholic Church may never hold a place in the judiciary and are barred from the Assembly for 5 years. Further, they lose the right to vote for 5 years. Nobles may be stripped of all lands and titles. Additional penalties may be imposed by the High Tribunal.

Chapter IIX Laws

Article 42 Social Law

(1) A citizen’s gender is determined genetically as male or female and is immutable.

(a) In cases of chromosomal syndromes that make such determination difficult a group of independent medical experts shall make a determination

(b) If the medical board cannot reach a consensus, the person shall be considered female for purposes of the law

(2) Marriage is defined as being between one man and one woman.

(a) All marriage must be contractual and licensed; ‘common law’ marriage is not permitted

(b)Divorce must be ‘at fault’

Post a Comment