Constitution of Septempontia

 

Preamble

Shawn by the constitutions of the Commonwealth and the acclamation of the People Emperor of Septempontia, King of Triparia, Duke of Westgate, etc. Having reclaimed by ancient right and the goodwill of our Peers the throne of Triparia, and resolved to establish good government and an enduring constitution for the empire of the Septempontian people, we do promulgate and ordain this instrument as the Fundamental Law of the Empire.

Article 1. The Empire.

  1. The peoples of the Empire of Septempontia, forged in the crucible of history and united by our common ideals, intertwined histories, and shared aspirations, have undertaken to reconstitute the Empire as a federation.
  2. The member States of this federation are the homelands of the Septempontian peoples.
  3. The territory of the empire consists of the territories of its constituent States and Provinces, and those Territories annexed to the empire by Imperial law.

Article 2. The Emperor.

  1. The monarch of Triparia shall be the head of State and of Government of this federation, and shall have the title of Emperor.
  2. The Emperor shall have the right to convene the Federal Council and to open and close its sessions.
  3. The Emperor shall appoint and dismiss the Chancellor of the Empire, who shall give direction to the executive officers of the Empire.
  4. The Emperor shall appoint Imperial officials, require them to take the oath of allegiance, and dismiss them when necessary.
  5. The Emperor shall represent the Empire among nations, accredit ambassadors, and receive them.
  6. The Emperor shall, with the consent of the Federal Council, declare war, conclude peace, and enter into alliances and other conventions with foreign states.
  7. The Emperor, as fount of honour, shall bestow knighthoods, awards, and decorations, to reward the meritorious service and achievements of Imperial citizens, and of those foreigners who have made outstanding contributions to the Empire, or to international relations.
  8. The Emperor proclaims national observances, such as days of celebration or mourning.
  9. If the Emperor informs the Federal Council of an anticipated incapacity to perform his responsibilities, he shall be considered incapacitated until he informs the Federal Council of his ability to resume his duties.
  10. During an incapacity of the Emperor, Triparia shall be represented in the Federal Council by the Tanist of Triparia, while the Chancellor of the Empire shall exercise the powers and fulfill the responsibilities of the Emperor as they pertain to the Empire as a whole.

Article 3.  Imperial Succession.

  1. The Constitution of Triparia shall provide for an Order of Succession to the throne of the Kingdom and of the Empire.
  2. Should the Order of Succession provided under the Constitution of Triparia fail, the remaining members of the Federal Council shall select a list of not less than three nor more than five Imperial citizens, of sufficient age to vote in Triparian public referenda, at least half of whom shall be Triparian electors at the time, and shall submit this list for the consideration of the electors of Triparia, as nominees for Monarch of Triparia.  No person shall be nominated without his consent to the nomination and agreement to accept the office in the event he is elected.
  3. The election of a new Monarch of Triparia shall begin no less than one week and no more than one month from the publication of the list of nominees by the Federal Council, and the voting in said election shall be open for not less than one week nor more than two weeks.
  4. The election of a new Monarch of Triparia shall be by preferential voting.  The candidates shall initially be ordered by the first preferences of the electors.  Should one candidate have a majority of the first preferences, that candidate is elected at once.  If no candidate has received a majority of the votes, the remaining candidate with the fewest first-preference votes is eliminated.  All ballots which preferred that candidate first are then distributed into the tallies of the other candidates.  If one candidate then has a majority of the votes, that candidate is elected; otherwise, this procedure is repeated.  Whenever multiple candidates must be eliminated for want of votes, any tie shall be resolved by random process.
  5. Should the voting result in a perfect tie even given the ranked preferences of the voters, the Federal Council shall at once produce a new list of nominees and the process shall be attempted again.
  6. When the redistribution of ballots has determined a winner, that person immediately becomes a citizen and elector of Triparia, and ceases to hold citizenship in any other State of Septempontia.  He shall then be proclaimed Monarch of Triparia and Emperor of Septempontia without further delay.

Article 4.  The Federal Council.

  1. The Federal Council shall consist of the Heads of State of the several States of the Federation.
  2. In the event that a Head of State is unable to attend a session of the Federal Council, the Head of State in question shall appoint a Chief Delegate to represent the State in his place; or, if he is unable, the State may select one as provided by law.
  3. The votes in the Federal Council shall be apportioned among the States as follows: Triparia shall have fifteen votes; Grønbjerg shall have twelve votes; each other state shall have seven votes, for a total of seventy-six votes.
  4. Only those States which have operative constitutions and sufficient populations to permit the operations thereof are entitled to their share of representation on the Federal Council, and only those States count for determination of majorities and supermajorities of the Council.
  5. The Emperor shall preside in meetings of the Federal Council; but in his absence, the Council may appoint the Chancellor of the Empire, or any of its members, as presiding officer.
  6. Although the first responsibility of the presiding officer is to ensure the integrity of the deliberative process, if he is a member of the Council he shall not relinquish his rights and responsibilities as such and a representative of his State, and may exercise them while maintaining appropriate parliamentary dignity, including the right to vote.
  7. The Federal Council shall establish its own rules of order in accordance with this Constitution.
  8. The Federal Council may make provision for additional representatives of the States to participate in its deliberations; but each State’s votes shall be cast as one, and by the Head of the State, or by the Chief Delegate.

Article 5. Imperial Law.

  1. This Constitution, and all laws of the Empire established according to its provisions, take precedence over those of the several States.
  2. Bills shall be proposed in the Federal Council.  Should a bill receive a majority of the votes in the Council, it is sent to the Emperor for his assent.
  3. If the Emperor assents to a bill approved by the Federal Council, it shall become law upon its promulgation.
  4. If the Emperor withholds his assent to a bill, he shall communicate his objections to the Federal Council. If after consideration of the Emperor’s objections, two-thirds of the votes in the Federal Council support the adoption of the bill, it shall become law over the Emperor’s objection.
  5. The following matters shall be under the supervision of the Empire and its laws, and not subject to any laws of the several States, except as Imperial law may in each case provide.
    1. The manner in which persons are admitted to, or deprived of, Imperial citizenship, and the qualifications for same.
    2. The issue, examination, and authentication of passports, identification papers, or other public documents befitting the efficient and orderly execution of Imperial law.
    3. Regulation of weights and measures, and of currency.
    4. The Imperial Armed Forces.
    5. The organization of a general consular representation of the Empire.
    6. General legislation with respect to the whole domain of civil law, criminal law, and legal procedure.
    7. Boating and navigation upon those waters which are common to several States, or those which form part of the Empire’s borders; and the condition of such waters, as likewise river and other water dues.
    8. Matters pertaining to communications systems, as postal service, telegraph service, Internet access, etc.
    9. Regulation of roads and railways.
    10. Regulation of customs, duties, and commerce, and such imports as are to be applied to the uses of the Empire.

Article 6. Armed Forces.

  1. The Imperial Armed Forces, in war and in peace, shall be under the command of the Emperor.
  2. The right to build fortresses within the territory of the Empire shall belong to the Emperor, with the consent of the owner of the land if it be privately held.
  3. Each State is entitled to one guard formation raised therein, which shall recognize the Head of the State as its honorary commanding officer, while remaining under the Emperor’s command as part of the actual command structure of the Imperial Armed Forces.
  4. The organization, training, discipline, and operations of the Imperial Armed Forces, where not otherwise provided by this Constitution, shall be regulated by law.

Article 7. Citizenship.

  1. A person may be nominated for citizenship by the Head of a State, subject to the approval of the Federal Council.
  2. When the Federal Council gives its assent, the Head of the nominating State shall notify the new citizen and the Council so that appropriate records may be made.
  3. Deliberations of the Federal Council pertaining to the status of citizenship for specific individuals shall be conducted in closed session, and the votes cast shall not be published.
  4. The several States shall establish by law their own standards, expectations, and requirements of citizenship.  States may deprive citizens of citizenship therein for failure to abide by their laws or failure to meet standards of participation and good citizenship.
  5. Each State may provide by law the manner in which any citizen of the Empire not presently a citizen of that State may become a citizen of that State, notifying the appropriate officials of the Empire and of the citizen’s former State, if any.
  6. A Federal citizen is a citizen of Septempontia who holds no State citizenship.  A person deprived of citizenship in any of the States at once becomes a Federal citizen only.  A Federal citizen may be deprived of Imperial citizenship by a majority vote of the Federal Council.
  7. The Federal Council may deprive any citizen of the Empire, including citizens of the several States, of citizenship, by a three-fourths vote.
  8. The rights granted by this Constitution to Imperial citizens shall apply regardless of State citizenship, the laws of the several States notwithstanding.

Article 8. Charter of Rights.

  1. Every citizen is entitled to the rights and freedoms herein enumerated, and all are equal before the law, without distinction of race, sex, sexual preference, religion, or birth.
  2. There shall be no official establishment of religion, and no religious test shall constitute qualification for or against any public office or trust in the Empire.
  3. Every citizen shall enjoy freedom of thought, conscience, religion, and belief, and the freedom to manifest these in worship, observance, practice, and demonstration, whether public or private, without fear of interference or punishment.
  4. Every citizen shall enjoy the freedom to express themselves and their opinions, in speech, writing, art, or any other medium, without fear of interference or punishment.
  5. Every citizen has the right to assemble peaceably with others in public places as well as private, and to associate with whomever they will.
  6. Every citizen has the right to move and to reside freely in the Empire, and to enter and leave its territory.
  7. Every citizen, having attained the age of sixteen years, has the right to vote in referenda, and other elections as may be established by law, and is eligible to hold offices of public trust, except during a sentence for high crime which shall prescribe ineligibility to vote as part of the penalty.
  8. Every citizen has the right to be secure from unreasonable searches and seizures, whether of their property, their person, their correspondence, or any other thing generally and reasonably held to belong to them; nor shall any private property be seized for public use.
  9. Every citizen has the right to freedom of their own person, and none shall be arrested or detained, or charged with any offense, without cause and warrant, nor shall any be presumed guilty until convicted.
  10. Every citizen, being accused, has the right to the assistance of legal counsel and to a lawful, public, and impartial trial, without undue delay. No citizen shall in their own cause be compelled to give evidence or confess guilt; and they shall not be denied the right to examine the witnesses, and to obtain the attendance and examination of witnesses for their defense.
  11. No citizen shall be tried or punished for an action which was not illegal at the time of its commission, nor sentenced to a punishment more severe than that which was provided by law at the said time.
  12. No citizen, having once been tried either to conviction or acquittal, or pardoned, shall be tried or punished a second time for the same offense.
  13. No person has the right to violate the physical safety of other persons, or the sanctity of their lawfully held property or residence, through the pretended exercise of any of these rights.
  14. The rights guaranteed by this Constitution are guaranteed to all citizens of the Empire, regardless of their State of residence or of citizenship, if any.

Article 9. The States.

  1. The States of the Empire are Triparia, Grønbjerg, Kalmont, Etvald, Rosemarcos, Niava, Progenbund, Ostberg, and Brudersport.
  2. If a State lacks a constitution and citizens, this may be remedied by a majority vote of the Federal Council to approve a Charter for the Establishment of a State Constitution, known in short as a State Charter.
  3. A State Charter is sponsored by a member of the Federal Council, and must include the text of the proposed constitution, a list of Imperial citizens who shall form the initial population of the State, and which, if any, shall hold the offices specified in the proposed constitution.
  4. No Imperial citizen shall be named in a State Charter without his consent, both to transfer citizenship to the State in question and to serve in any offices to which the proposal names him.
  5. The territory of a State may be altered by Imperial Law; but no State shall be deprived of territory without its consent, except by a three-fourths vote of the Federal Council.
  6. If a State’s population declines to any number which makes its constitution inoperative, any remaining citizens of the State become Federal citizens.  A new State Charter may be proposed for the State according to the usual procedure.
  7. The constitution of a State may be amended by a two-thirds vote of the Federal Council, with the State’s consent, or a three-fourths vote of the Federal Council, if the State objects.
  8. Should the constitution of a State be inoperative so as to deprive it of a Head of State, as for example in an unfilled vacancy in an elected position, or a failed line of succession to a hereditary position, the State shall be governed by an Interim Head of State, nominated by the Emperor and approved by the Council, the State in question having no votes.
  9. An Interim Head of State may be a citizen of any State but shall for the term of his appointment function as though a citizen of the State governed, with the powers and duties of the Head of State according to that State’s laws.  He shall as soon as practicable make recommendations to the Federal Council regarding amendments to the State’s constitution or other lawful means of restoring the functional government of the State by its own citizens.  He may cast no votes in the Federal Council.
  10. Disputes between the different States of the Empire, so far as they are not of a private nature, and therefore to be decided by the competent authorities, shall be settled by the Federal Council, at the request of one of the parties. Disputes relating to constitutional matters in those of the States whose Constitution contains no provision for the settlement of such differences, shall be settled by the Federal Council.
  11. Whenever the laws or constitution of a State are found to conflict with this Constitution, they shall be interpreted by the Emperor, on consultation with the Chancellor, the Federal Council, and any appropriate authorities of the State in such a way as to most justly balance the prerogatives of the State with its obligations under the Federation, until the said laws or constitution may be lawfully amended.
  12. Any emendation to the constitution of Triparia which alters the manner of succession to the Throne of Triparia is subject to the approval of the Federal Council.

Article 10. Imperial Territories.

  1. Any land held by the Empire which is not part of the territory of a State forms part of an Imperial territory.
  2. The administration of Imperial territories, their boundaries, and the enforcement of Imperial laws therein, shall be as provided by Imperial law.

Article 11. Amendments and Implementation.

  1. This Constitution may be amended by a three-fourths vote of the Federal Council.
  2. Amendments to this Constitution shall come into force on the date named in the amending resolution; or in the absence of such a date, upon the Emperor’s signature of the amending resolution; or, in the absence of such a signature and such a date, on the fifteenth day following the announcement of the passage of the amendment by the Federal Council.
© 2012 The Empire of Septempontia Suffusion theme by Sayontan Sinha