Constitution of Triparia

Last amended  31 January 2012 / XIV

Preamble

The People of Triparia, desiring to be ruled by Laws and not by Men, yet recognizing that Laws are themselves selected by Men, while at the same time wishing to preserve the Traditions which Time and Circumstance have produced amongst them, and secure the Benefits of a Free Society, do set forth this Constitution for the Kingdom of Triparia.

Der Volk ó Tripária, gediziret der matschisto ó Regas ny naqt ó Perzes, täm gedwaket qe Regas sánt selbs beschoxet bä Perzes, dúm en tempos conects gesperet konservën les Volkvios velk Tempo ny Paßënstànz createtánt zwisch eng, ny tenër les Gutpars ó Liber Sócio, össagen cite Constituàt fir der Kønigzjõnt ó Tripária.

Article 1. The Monarchy.

1.1. The Monarch.

1. The Kingdom of Triparia is a constitutional Monarchy and a Federal State of the Empire of Septempontia.
2. The Monarch of Triparia is the Head of State and Head of Government of the Kingdom.
3. The Monarch of Triparia is also the presiding officer and Head of State of the Empire of Septempontia, having the title of Emperor of Septempontia.
4. The Monarch shall serve for life, or until such time as he shall abdicate, or shall be removed from office in accordance with the constitution and laws of the Empire of Septempontia.

1.2. Succession and incapacity.

1. The Monarch may establish and alter an Order of Succession at his pleasure, by public proclamation.
2. The person at the head of the Order of Succession carries the title of Tanist.
3. When the Throne becomes vacant, each person in the Order of Succession who is at the time of vacancy an elector shall, in order of the list, be offered the Throne.  If they decline or cannot accept due to incapacity to reign, the next eligible person shall be offered the Throne, and so forth.  If they accept, they are immediately the Monarch.
4. If the Order of Succession fails, the new Monarch shall be chosen, and in the interim the Kingdom shall be governed by a Protectorate, in a manner provided by Imperial law.
5. The Monarch may, in anticipation of a temporary incapacity to fulfill his responsibilities, inform the Senate and the Federal Council of Septempontia of this, and the matter shall be resolved in accordance with the Constitution and laws of the Empire.
6. In the event that the Monarch is incapacitated and unable or unwilling to voluntarily set aside his responsibilities, the Senate shall appeal to the Federal Council for a resolution of the matter, which shall take place in accordance with the Constitution and laws of the Empire.

1.3. Powers of the Monarch.

1. The Monarch has the power to make, amend, and repeal laws, for the welfare, security, and proper regulation of the Kingdom, subject to the laws and constitution of the Empire.  He may do so by submitting said legislation to the Senate for its approval.
2. In like fashion, the Monarch may propose amendments to this Constitution, submitting them to the Senate for its approval.
3. The Monarch has the power to make all necessary provisions for the execution and enforcement of the laws of the Kingdom.
4. The Monarch has the power to hear, try, and sentence all actions and cases, to commute, mitigate, or remit sentences, and to pardon offenses.
5. The Monarch, as Head of State and of Government, shall represent the Kingdom in the Federal Council of the Empire of Septempontia and exercise the voting rights thereof.
6. The Monarch serves as fountain of honour, and therefore grants titles of nobility, and knighthood, and other awards and honors.
7. The Monarch may declare national holidays and national symbols, including but not limited to heraldic devices, poets and musicians laureate, and the like.

2.1. The Senate and its members.

1. The Senate is a deliberative body which serves to advise the Monarch on the government of the Kingdom, and to review legislative proposals submitted by the Monarch.
2. Senators serve at the invitation of the Monarch.
3. Only electors of Triparia are eligible to serve as Senators.

2.2. Removal of Senators.

1. A Senator may be removed by a two-thirds vote of the entire Senate, when such has been proposed by either the Monarch or another Senator.
2. The Senate may only consider one proposal for the removal of a Senator at a time; a second such proposal may not be considered while the first is pending, even if it concerns the removal of a different Senator.
3. If a proposal to remove a Senator is rejected, any further proposals to remove the same Senator are dilatory and of no effect if proposed within three months of the rejection, unless the Senator in question is subsequently convicted of a crime under Imperial or Kingdom law.
4. If the Senator being considered for removal has not cast a vote on his own removal by the deadline to vote on the matter, his vote is reckoned as a vote against his removal rather than as an abstention.

2.3. The legislative process.

2.5. Senate procedures.

1. Unless otherwise provided by law, the deadline for voting on any matter in the Senate is noon on the tenth day following the submission of the proposal.
2. If, at any time before the deadline for voting on a proposal, enough Senators have cast their votes for the outcome to be certain, a proposal is considered accepted or rejected accordingly.
3. No Senator shall be able to vote on any proposal submitted before his own appointment to the Senate, but once appointed may participate in all deliberations concerning such matters.
4. The Senate shall meet as its members may determine, or at the summons of the Monarch.
5. The Senate may choose its own presiding officer, and may set standing rules to govern its proceedings.
6. No law, or standing rule of the Senate, shall limit the free but orderly expression of its members in accordance with parliamentary custom and procedures.
7. Discussion of business by electronic media shall be acceptable. Such discussion shall not enter into the minutes unless sent to the entire Senate.

Article 3. Executive Officers.

3.1. Ministers and Their Subordinates.

1. The Monarch shall have power to appoint Ministers for the administration of the power of government, and to prescribe their competence and jurisdiction.
2. The Ministers may, under the Monarch’s warrant and by his approval, appoint secretaries and lesser officials to assist in the execution of their duties.
3. Ministers shall be answerable directly to the Monarch, or to his appointed deputy. The secretaries and lesser officials are answerable to the Minister under whom they serve.
4. No person shall be Minister of more than one Ministry at a time, except as caretaker during the vacancy of a Ministry.
5. Ministers shall serve at the pleasure of the Monarch, and the secretaries and lesser officials at the pleasure of the Minister to whom they are responsible; but no Minister or other officer may be removed from office without first receiving hearing before the Monarch and the Senate together.
6. The secretaries and lesser officials continue in office following the resignation or removal of the Minister to whom they are responsible. No official shall be removed from office for any save his own offenses.

Article 4. Judicial Officers.

4.1. Lesser Courts.

1. The Monarch may establish lesser Courts by law.  He may circumscribe their jurisdiction and competency by territory or by type of case, or in any other fashion appropriate to their orderly and timely proceedings.
2. The Monarch shall establish by law any order of appellate precedence among lesser Courts, and the rules governing the availability of appeal, by law.  But all actions and cases may be appealed to the Monarch himself as the supreme judicial authority.
3. The Monarch, or any lesser justice or judge, may issue court orders or injunctions according to accepted principles of Anglo-American law. These may order a party to perform his legal duty, or prevent the enforcement of an unconstitutional law. Violation of such injunctions shall constitute contempt of court. Injunctions may be appealed to the Monarch, which shall be the final arbiter of their constitutionality.
4. All Courts shall consist of an odd number of judges or justices.
5. Except for the Monarch, all judges or justices must wear wigs or similarly distinctive or incongruous headgear while carrying out their judicial functions.

Article 5. Citizenship.

5.1. Citizenship; how acquired.

1. Triparian citizenship shall be obtained in a manner to be prescribed by Imperial or Kingdom law.

5.2. How terminated.

1. A citizen may voluntarily renounce his own citizenship by publicly issuing a declaration of renunciation in writing or by electronic device. It shall take effect seventy-two hours following its official receipt of notification, as defined elsewhere in this Constitution. Such a declaration may be rescinded before it takes effect by notifying the Senate and the Monarch.
2. Citizenship may be terminated as punishment for a crime, if established by law.  If the laws respecting the crime admit an appeal, the citizenship is retained until the appellate process is concluded.
3. A person whose citizenship was voluntarily renounced may reapply for citizenship at any time.
4. A person whose citizenship was terminated involuntarily must wait one year before reapplying for citizenship, unless a law shall be enacted waiving this requirement.

Article 6. General Provisions.

6.1. Public notification.

1. Public notification in writing may be by mass mailing or by publication in a recognized newsletter of the Kingdom.
2. Public notification by electronic device may be by mass mailing or by having a message posted in the News section of the official Kingdom website.

6.2. Elector.

1. An elector is any citizen of Triparia who is eligible to vote in public referenda or other elections as may be established by law.
2. A citizen of Triparia is eligible to vote if he has reached the day of his sixteenth birthday and is not currently serving sentence for a crime which sentence includes ineligibility to vote.

Article 7. Declaration of Rights and Freedoms.

1. No law shall abridge the freedom of thought, belief, opinion, or expression, including freedom of the press and other media, except in defense of public order. Censorship shall not be permitted. All citizens may freely speak, write, and publish their sentiments on all subjects.
2. The government shall not restrict the free exercise of religion or conscience in worship or conduct, nor give any preference to any religious establishment. Religious services and rituals which do not conflict with law or public order are authorized.
3. There shall be no discrimination, affirmative action, or preferential treatment on the grounds of race, color, class, sex, sexual preference, age, religion, beliefs, opinion, language, or any other physical or social characteristics whatsoever except as provided elsewhere in this Constitution.
4. The right of Citizens to peaceful assemble shall not be violated, provided that such assembly disrupts neither traffic nor legal commercial activity. No political organization may be restricted except insofar as they promote violence or intimidation, or which act to violate the rights of others guaranteed by these Declarations.
5. The right of Citizens to be secure from unreasonable search and seizure shall not be violated. The right of the writ of habeas corpus shall not be suspended. No person shall be arrested or detained without a warrant, issued by a judge, except in flagrante delicto. No bill of attainder shall be enacted. No person shall be held accountable for an act which was not criminal at the time it was committed, nor subjected to a punishment which was not prescribed by law at that time. Warrants may be issued only on probable cause and must describe in particular the place to be searched, and/or the person or things to be seized.
6. Any person accused of an offense shall be presumed innocent until proven guilty, and has the right to request information on his legal rights and options. No accused person shall be twice put in jeopardy of life, liberty, or property for the same offense, or without due process of law; nor shall any citizen be compelled to bear witness against himself. Excessive fines, and cruel or unusual punishments, shall not be inflicted.
7. In all criminal prosecutions, the accused shall have the right to a speedy and public trial by an impartial jury or tribunal of the Crown. The accused shall have the right to be informed of the nature and cause of the accusation, to confront the witnesses against him, and to have subpoena power to obtain witnesses for his defense. The accused has the right to the assistance of defense counsel.
8. The rights of consenting adults to manage their own private sexual conduct, regardless of sexual preference or tendencies, shall not be abridged.
9. Liberty consists of any action which is not detrimental to others, and no right recognized by Triparia will extend to anyone engaged in acts which injure, endanger, compromise, or risk the health, privacy, or tranquility of other persons through the pretended exercise of the right to liberty.
10. The enumeration of rights and freedoms in these Declarations shall not be construed to deny or disparage other rights retained by the people. Powers not delegated by law to the Crown, to the Government, or to the courts, are held by the People of the Kingdom.

Witness these Our presents to which we have affixed Our royal sign-manual, of effect at once as the Constitution of our Kingdom.