The Solar Creed
[Constitution of Imperium]
ARTICLE 1
NAME
The name of this nation
shall be "The Solar Imperium of Man
ARTICLE 2
OFFICIAL LANGUAGE
SECTION 1 The official language of the
Imperium shall be English.
SECTION 2 Nothing contained in this constitution shall prohibit the
use of any other language as a medium of instruction in private, public, or
imperial law, to ensure proficiency in the official language, or for pedagogic
reasons, may impose vocational schools, subject to compliance with such requirements
as.
ARTICLE 3
NATIONAL SYMBOLS
SECTION 1 The national colors of the
Imperium shall be red, black, and gold.
SECTION 2 The Imperium shall have a national flag, national seal, and
a heraldic device. The Armed forces of the Imperium shall have their own flag
and seal.
SECTION 3 The national motto of the Imperium shall be "Domini
Factum
ARTICLE 4
STATE FORM
SECTION 1 The Imperium is hereby
established as a sovereign, secular, and unitary republic founded upon the rule
of law and justice for all.
SECTION 2 Legislative and Judiciary power shall vest in the people of
the Imperium.
SECTION 3 This constitution shall be the supreme law of the Imperium;
it is directly binding on all national authority. Any law of the Imperial code,
or any other body of law within the Imperium which may come into existence,
which goes against any portion of this constitution, shall be void.
SECTION 4 No amendment to this constitution may be ratified unless it
wins the majority two-thirds vote in the imperial parliament and is signed by
the Emperor or Empress.
SECTION 5 When an amendment to this constitution has been ratified, if
the amendment changes an article of this constitution, this constitution shall
be modified to reflect the change or changes placed into effect by the
amendment. Otherwise the amendment shall be appended to the end of this
constitution.
SECTION 6 This constitution, the Imperial code, and any other body of
law, which may come into existence within the Imperium, shall be collectively
known as Imperial Law.
ARTICLE 5
GENERAL CONSTITUTIONAL OBJECTIVES
SECTION 1 The Imperium promotes justice
through the rule of law and encourages fraternity among its citizens by
establishing solidarity and national unity.
SECTION 2 The Imperium acknowledges the right of citizens to national
autonomy and self-determination, and the right of families to familial autonomy
where not otherwise mandated within this constitution.
SECTION 3 The Imperium promotes: freedom of religion and belief, education
and schooling, natural and social sciences, public health care, renewable
energy, environmental protection and responsibility, preservation and
development of Imperial culture, preservation and maintenance of historical
objects and places.
ARTICLE 6
NATIONAL SECURITY
SECTION 1 The Imperium promotes
interuniversal peace.
SECTION 2 The Imperium shall provide for the common defense of the
Nation.
SECTION 3 The Imperium shall, to the best of its ability, protect
citizens against terrorism, extremism, and catastrophes.
SECTION 4 In cases of grave and immediate threat to the existence of
the Imperium, the Emperor or Empress, or the prime minister, may take measures
necessary for defense.
SECTION 5 Nothing contained in or done under the authority of this
article shall be held to be inconsistent with or in contravention of this
constitution to the extent that it authorizes the taking of measures during any
period when the Imperium is in a state of national defense or any period when a
declaration of emergency is in force.
SECTION 6 Where any persons detained by virtue of such authorization
as is referred to in section 5 of this article, the following provisions shall
apply: they shall, as soon as reasonably practicable and in any case not more
than five (5) days after the commencement of their detention, be furnished with
a statement in writing specifying in detail the grounds upon which they are
detained and, at their request, this statement shall be read to them; not more
than fourteen (14) days after the commencement of their detention, be furnished
with a statement in writing specifying in detail the grounds upon which they
are detained and, at their request, this statement shall be read to them; not
more than (1) month after the commencement of their detention at intervals of
three (3) months, their cases shall be reviewed by the advisory board, which
shall order their release from detention if it is satisfied that it is not
reasonably necessary for the purposes of the emergency to continue the detention
of such persons; they shall be afforded such opportunity for the making of such
representations as may be desirable or expedient in the circumstances, having
regard to the public interest and the interests of the detained persons.
SECTION 7 Nothing contained in this article shall permit derogation
from or suspension of fundamental rights or freedoms, or the denial of access
by any persons to legal practitioners or a court of law.
SECTION 8 At any time of national disaster or during a state of national
defense or public emergency threatening the life of the nation or the
constitutional order, the Emperor or Empress, or the prime minister, may by
proclamation declare that a state of emergency exists in the Imperium or any
part thereof.
SECTION 9 A declaration under section 8 of this article, if made by
the prime minister and if not sooner revoked, shall cease to have effect: in
the case of a declaration made when parliament is sitting or has been summoned
to meet, at the expiration of seven (7) days after the declaration has been
made; or in any other case, at the expiration of a period of thirty (30) days
after the declaration has been made; unless before the expiration of that
period, it is approved by a resolution passed by parliament by a two-thirds
majority of all its members.
SECTION 10 Subject to the provisions of section 11 of this article, a
declaration approved by a resolution of parliament under section 9 of this
article shall continue to be in force until the expiration of a period of six
(6) months after being so approved or until such earlier date as may be
specified in the resolution: provided that parliament may by resolution by a
two-thirds majority of all its members, extend its approval of the declaration
for periods of not more than six (6) months at a time.
SECTION 11 Council may, by resolution at any time revoke a declaration
approved by it in terms of this article.
SECTION 12 During a state of emergency in the terms of this article or
when a state of national defense prevails, the Emperor or Empress shall have
the power by proclamation to make such regulations as in his or her opinion may
be necessary for the protection of national security, public safety and the
maintenance of law and order. The powers of the Emperor or Empress to make such
regulations shall include the power to suspend the operation of any rule of the
common law or statute or any fundamental right or freedom protected by this
constitution, for such period and subject to such conditions as are reasonably
justifiable for the purpose of dealing with the situation which has given rise
to the emergency. Where any regulation made under this section provides for
detention without trial, provision shall also be made for an advisory board, to
be appointed by the Emperor or Empress or the prime minister on the
recommendation of the Judicial Service Commission, and consisting of no more
than five (5) persons of whom no fewer than three shall be judges of the
Supreme Court. The advisory board shall perform the function set out in section
6 of his article.
SECTION 13 Martial law may be proclaimed only when a sate of national
defense involving another body exists or when civil war prevails in the
Imperium: provided that any proclamation of martial law shall cease to be valid
if it is not approved within a reasonable time by a resolution passed by a
two-thirds majority of all the members of parliament.
SECTION 14 There shall be established within the Imperium armed forces
which shall include the Department of Defense and the Department of Justice.
ARTICLE 7
THE SECURITY COMMISSION
SECTION 1 There shall be a security
commission which shall have the function of making recommendations to the
Emperor or Empress on the appointment of high ranking officials in the Imperial
Armed Forces.
SECTION 2 The Security Commission shall consist of the directors of
the Department of Justice and the Department of the Defense, the presiding
member of the Public Service Commission and two members nominated by parliament
and appointed by the Emperor or Empress.
ARTICLE 8
EXECUTIVE BRANCH
SECTION 1 The executive power of the
Imperium is vested in the administration, which shall follow the directives of
the Emperor or Empress within the bounds of this constitution. It includes
diplomatic affairs.
SECTION 2 The Emperor or Empress is the head of the administration and
shall always be the house elder of the house of the imperial family.
SECTION 3 The Emperor or Empress shall appoint a prime minister who
shall act on behalf of the Emperor or Empress. The prime minister shall follow
the directives of the Emperor or Empress and shall execute those directives in
the most efficient manner.
SECTION 4 The administration shall be composed of two parts. The first
part shall be commissions whose duties, generally, are to investigate and
research specific areas of the Imperium and to report to the Emperor or Empress
on their findings and recommendations, and which may be composed of committees.
The second part shall be composed of departments, which shall in turn be
composed of bureaus, which shall in turn be composed of divisions. Departments
shall have directors as their head who shall compose a board of directors. The
board of directors shall act as advisors to the Emperor or Empress. Bureaus shall
have bureau chiefs as their head who shall act as advisors to the director to
which they are subordinate. Divisions shall have ministers as their head who
shall act as advisors to the bureau chief to which they are subordinate.
SECTION 5 The board of directors shall have the following functions:
to direct, coordinate and supervise the activities of their respective
departments including para-statal enterprises, and to review and advise the
Emperor or Empress and parliament on the desirability and wisdom of any
prevailing subordinate legislation, regulations, or orders pertaining to such
para-statal enterprises, regard being had to public interest; to initiate bills
for submission to parliament for consideration; to carry out such other
functions as are assigned to them by imperial law or are incidental to such
assignment, to attend meetings of parliament and be available for the purposes
of any queries and debates pertaining to the legitimacy, wisdom, effectiveness
and direction of government policies; to take such steps as are authorized by
imperial law to establish such economic organizations, institutions and
para-statal enterprises on behalf of the Imperium as are directed or authorized
by imperial law; to formulate, explain and analyze for the members of
parliament the directions and content of foreign trade policy and to report to
parliament thereon; to formulate, explain, and analyze for the members of
parliament the goals of imperial foreign policy and its relations with other
states and to report to parliament thereon; to assist the Emperor or Empress in
determining what international agreements are to be concluded, acceded to or
succeeded to and to report to parliament thereon; to advise the Emperor or
Empress on the state of national defense and the maintenance of law and order
and to inform parliament thereon; to issue notices, instructions, and
directives to facilitate the implementation and administration of laws
administered by the executive, subject to the terms of imperial law.
SECTION 6 There shall be a deputy-secretary assigned to the board of
directors who shall be appointed by the Emperor or Empress and who shall
perform such functions as may be determined by imperial law and such functions
are from time to time assigned to the Deputy-Secretary by the Emperor or
Empress. Upon appointment by the Emperor or Empress the Deputy-Secretary shall
be deemed to have been appointed to such office on the recommendation of the
director of the Department of the Secretariat.
SECTION 7 The Deputy-Secretary to the board of directors shall also
serve as the depository of the records, minutes, and related documents of the
board of directors.
SECTION 8 Administrative bodies and administrative officials shall act
fairly and reasonably and comply with the requirements imposed upon such bodies
and officials by any relevant legislation, and persons aggrieved by the
exorcise of such acts and decisions shall have the right to seek redress before
a competent court.
ARTICLE 9
OBLIGATIONS, POWERS AND RIGHTS OF THE EMPORER OR EMPRESS, AND OF THE IMPERIAL
FAMILY GENERALLY
SECTION 1 The Emperor or Empress and the
Imperial Family generally shall be subject only to this constitution.
SECTION 2 The Emperor or Empress shall have the power to kill any bill
to amend this constitution on the first attempt by parliament to pass it.
SECTION 3 The Emperor or Empress has the right to pardon, the power to
veto bills passed by the Imperial parliament, and the authority to conduct
foreign affairs and all other representative functions of the Imperium.
SECTION 4 As the head of state the Emperor or Empress shall uphold,
protect, and defend this constitution as the supreme law of the Imperium, and
shall perform with dignity and leadership all acts necessary, expedient, reasonable,
and incidental to the discharge of the executive functions of the imperial
government, subject to the overriding terms of this constitution, which he or
she is constitutionally obliged to protect, to administer, and to execute.
SECTION 5 The Emperor or Empress is the commander in chief of
military, police, and security forces and has the authority to declare a state
of martial law, or to revoke such a declaration.
SECTION 6 No person holding the office of Emperor or Empress may be
sued in any civil proceedings concerning an act done in his or her official
capacity as Emperor or Empress.
SECTION 7 No person holding the office of Emperor or Empress shall be
charged with any criminal offense or be amenable to the criminal jurisdiction
of any court in respect of any act allegedly performed, or any omission to
perform any act, during his or her tenure of office.
SECTION 8 The Emperor or Empress shall have authority to create
departments within the administration, bureaus within departments, divisions
within bureaus, and to create further smaller bodies within a division or
within those smaller bodies as needed, all by executive order. The function of
each body created must pertain to the function of the body in which it was
created.
SECTION 9 The Emperor or Empress shall have authority to create or
dissolve commissions; to create committees within commissions; to appoint
individuals to, or remove them from those commissions.
SECTION 10 The Emperor or Empress may freely appoint members to the board
of directors, as bureau chiefs, as division ministers, or to any position
within the administration.
SECTION 11 Subject to the provisions of this constitution, any person
appointed by the Emperor or Empress pursuant to the powers vested in him or her
by this constitution may be removed by the Emperor or Empress by the same
process through which such person was appointed.
SECTION 12 Subject to the provisions of this constitution the Emperor
or Empress may, in consultation with the board of directors determine the
tenure of any person so appointed as well as the terms and conditions of his or
her service.
SECTION 13 The Emperor or Empress shall be obliged to terminate any
appointment of any member of the administration if the board of directors, by a
majority of all its members resolve that it has no confidence in that member.
SECTION 14 The Emperor or Empress shall have authority to act in place
of the imperial doundil or in place of the judiciary branch, by creating law or
making judicial decisions in the form of executive order or by appointing
judges to office, where there are no qualified citizens to hold these
positions. A citizen shall be qualified by being elected to the imperial
parliament or to a position within the judiciary branch.
SECTION 15 Without derogating from the generality of the functions and
powers of the Emperor or Empress, he or she shall have the power, subject to
this constitution to: accredit, receive, and recognize ambassadors; appoint and
remove ambassadors; negotiate and sign international agreements, and to
delegate such power; if it is necessary for the defense of the nation, to
declare that a state of national defense exists, and to determine how long such
a state of national defense exists, and to remove such a declaration at any
time; to confer such honors as the Emperor or Empress considers appropriate on
citizens, registered resident aliens and friends of the Imperium in
consultation with interested and relevant persons and institutions.
SECTION 16 Members of the imperial family shall not become members of
any political party but shall not be prohibited from voting.
SECTION 17 Imperial Queen shall be the official title of the wife of
the Emperor or, if the Emperor has more than one wife, he shall appoint only
one wife as the Imperial Queen. Any wife of the Emperor not so appointed shall
hold the title Imperial Wife.
SECTION 18 Imperial King shall be the official title of the husband
of the Empress or, if the Empress has more than one husband, she shall appoint
only one husband as the Imperial King. Any husband of the Empress not so
appointed shall hold the title Imperial Husband.
SECTION 19 If the Emperor takes husbands instead of wives the
provisions for the Imperial King and for Imperial Husbands shall apply.
SECTION 20 If the Empress takes wives instead of husbands the
provisions for the Imperial Queen and for "Imperial Wives shall apply.
SECTION 21 If the Emperor or Empress take both husbands and wives the
provisions for both Imperial Husbands and Imperial Wives shall apply. The
Emperor or Empress shall appoint an Imperial Queen or Imperial King but may
not appoint both. Whichever the Emperor or Empress shall choose to appoint, the
provisions associated with that title shall apply.
SECTION 22 The Imperial Queen or Imperial King shall have such
authority as parliament shall establish. Whatever authority assigned it shall
apply to both titles and shall not include any authority to take any action
against the Emperor or Empress. Such authority granted by parliament may
include provisions to take limited actions against Imperial Wives or Imperial
Husbands in limited circumstances.
SECTION 23 In any case where the Emperor or Empress and the Imperial
Queen or Imperial King divorce, the Imperial Queen or Imperial King shall
immediately cease to have any title or authority and shall be immediately
removed from the estate of the Imperial Family. The same shall take place when
the Emperor or Empress and an Imperial Wife or Imperial Husband divorce. Upon
divorce from an Imperial Queen or Imperial King, the Emperor or Empress shall
appoint a new Imperial Queen or Imperial Queen if there is a wife or husband
available to do so.
SECTION 24 In any case where the Emperor or Empress become deceased
and any eligible primary member of the Imperial Family to become Emperor or
Empress is under the age of 16, the Imperial Queen or Imperial King shall have
limited authority to rule the Empire until such a point in time when the
eligible primary member of the Imperial Family reaches the age of 16 years.
Parliament shall establish limitations and authority of rule of the Imperial
Queen or Imperial King, or the Empress or Emperor may do so through executive
order. When the eligible primary member of the Imperial Family reaches the age
of 16 years he or she shall immediately become the Emperor or Empress and shall
appoint a new Imperial Queen or Imperial King if he or she is married. When the
new Emperor or Empress takes over rule the old Imperial Queen or Imperial King
shall immediately lose any authority granted to him or her to rule the Empire
and shall lose the title of Imperial Queen or Imperial King whether or not the
Emperor or Empress has appointed a new Imperial Queen or Imperial Queen. The
old Imperial Queen or Imperial King, having lost that title shall officially
hold the new title of Queen Emeritus for the old Imperial Queen, or King
Emeritus for the Imperial King.
SECTION 25 All primary members of the Imperial Family who are not the
Emperor or Empress and who hold positions on the council of elders of the
Imperial Family shall hold the title Crown Prince if male or Crown Princess
if female. All primary members of the Imperial Family who are not the Emperor
or Empress and who do not hold positions on the council of elders of the
Imperial Family shall hold the title Prince if male, or Princess if female.
SECTION 26 Any secondary member of the Imperial Family who is not an
Imperial Queen, Imperial King, Imperial Wife, or Imperial Husband and who is
engaged or married to a primary member of the Imperial Family shall hold the
title Lord if male, or Lady if female.
SECTION 27 The council of elders of the Imperial Family shall approve
any engagement or marriage within the Imperial Family before such engagement or
marriage shall commence, except in the case of the Emperor or Empress who shall
not be bound by this restriction in regard to engagement or marriage.
ARTICLE 10
IMPERIAL GUARDS
SECTION 1 There shall be established an
order of vessels called the "Imperial Guard", which shall have the
functions of protecting the Emperor or Empress, the imperial family, the
property, and the interests of the Imperial Family. This Branch of the Imperial
Guard (Guard:Space) shall never exceed 50 vessels strong.
SECTION 2 The Imperial Guard shall be a part of the Imperial
Government but shall operate independently of all other organs of the Imperial
Government being bound only by imperial law and answering only to the Imperial
Vizier, who shall act as the personal confidant and head of security for the
Emperor or Empress, or to the Emperor or Empress directly.
SECTION 3 the members of this
order shall have full powers of arrest and detention in the performance of
their duties.
SECTION 4 The Imperial Guard shall have a Ground-based element aside
from their space forces, which shall be named the Imperial Marines. These
Marines shall be formed of the most excellent soldiers within the Imperial
army. This organization may never exceed 1,000 men strong.
ARTICLE 11
THE PUBLIC SERVICE COMMISSION
SECTION 1 There shall be established a
public service commission which shall have the function of advising the Emperor
or Empress on matters referred to in this article and elsewhere in this
constitution, and of reporting to parliament thereon.
SECTION 2 The Public Service Commission shall consist of no less than
three (3) and no more than six (6) persons appointed by the Emperor or Empress.
SECTION 3 Every member of the Public Service Commission shall be
entitled to serve on such commission for a period of five (5) years unless
lawfully removed before the expiry of that period for good and sufficient
reasons in terms of this constitution and procedures to be prescribed by act of
parliament. Every member of the Public Service Commission shall be eligible for
reappointment.
SECTION 4 The functions of the Public Service Commission shall be
defined by act of parliament and shall include the power: to advise the Emperor
or Empress and the imperial government on: the appointment of suitable persons
to specified categories of employment in the public service, with special
regard to the balanced structuring thereof; the exorcise of adequate
disciplinary control over such persons in order to assure the fair administration
of personnel policy; the remuneration and the retirement benefits of any such
persons; all other matters which by law pertain to the public service; to
perform all functions assigned to it by act of parliament; to advise the
Emperor or Empress on the identity, availability and suitability of persons to
be appointed by the Emperor or Empress to offices in terms of this constitution
or any other law.
ARTICLE 12
THE ATTORNEY-GENERAL
SECTION 1 There shall be an
attorney-general appointed by the Emperor or Empress upon the recommendation of
the Judicial Service Commission.
SECTION 2 The powers and functions of the Attorney-General shall be:
in principle the legal advisor to the Emperor or Empress and the imperial
government; to take all action necessary for the protection and upholding of
this constitution; to perform all such functions and duties as may be assigned
to the Attorney-General by act of parliament.
ARTICLE 13
THE PROSECUTOR-GENERAL
SECTION 1 There shall be a prosecutor-general
appointed by the Emperor or Empress on the recommendation of the Judicial
Service Commission. No person shall be eligible for appointment as
Prosecutor-General unless such person: posses legal qualifications that would
entitle him or her to practice in all the courts of the Imperium; is by virtue
of his or her experience, conscientiousness and integrity a fit and proper
person to be entrusted with the responsibilities of the office of
Prosecutor-General.
SECTION 2 The powers and functions of the Prosecutor-General shall be:
to prosecute, subject to the provisions of this constitution, in the name of
the Imperium; in criminal proceedings; to prosecute and defend appeals in
criminal proceedings in the High Courts and in the Supreme Court; to perform
all functions related to the exorcise of such powers; to delegate to other
officials, subject to his or her control and direction, authority to conduct
criminal proceedings in any court; to perform all such other functions as may
be assigned to him or her in terms of imperial law.
ARTICLE 14
THE IMPERIAL PLANNING COMMISSION
SECTION 1 There shall be established in the
administration an imperial planning commission whose task shall be to plan the
priorities and direction of national development.
SECTION 2 There shall be a chairman appointed by the Emperor or
Empress, who shall be the presiding member of the Imperial Planning Commission
and the principle advisor to the Emperor or Empress in regard to economic and
physical planning and who shall attend meetings of the Board of Directors at
the request of the Emperor or Empress.
SECTION 3 The membership, powers, functions and personnel of the
Imperial Planning Commission shall be determined by the Emperor or Empress.
ARTICLE 15
LEGISLATIVE BRANCH
SECTION 1 Legislative power shall be vested
in the imperial council.
SECTION 2 The Prime Minister shall be the presiding council.
SECTION 3 Council shall be divided into three houses as follows: A
house of commons; a house of elders; and a house of lords.
SECTION 4 The members of the House of Commons shall be elected and
shall not exceed one for every 10,000 citizens, but shall number no less than
three members if there are citizens available to be elected and who are willing
to be elected to those positions.
SECTION 5 The members of the House of Commons shall be citizens of the
Imperium publicly elected by citizens of the Imperium. Their office shall end
after six years, upon death, resignation, retirement, or when they lose their
electoral rights. Members of the House of Commons may be re-elected for as may
terms as the citizenry is willing to re-elect them.
SECTION 6 The House of Commons shall draw up its own rules of order
and procedure. Decisions of the House of Commons require a majority of the
votes cast unless this constitution provides otherwise.
SECTION 7 The House of Elders shall consist of members who are the
elders of a house, except those elders who are serving in other positions of
the Imperial government. An elder may give up their position in the Imperial
government, except the Emperor or Empress, in order to serve in the House of
Elders.
SECTION 8 The House of Elders shall draw up its own rules of order and
procedure. Decisions of the House of Elders require a majority of the votes
cast unless this constitution provides otherwise.
SECTION 9 The House of Lords shall consist of members who have been
granted the highest title of nobility, except those nobles who are serving in
other positions in government. A noble may give up their position in government
in order to serve in the House of Lords.
SECTION 10 The House of Lords shall draw up its own rules of order and
procedure. Decisions of the House of Lords require a majority of the votes cast
unless this constitution provides otherwise.
ARTICLE 16
OBLIGATIONS, POWERS AND RIGHTS OF THE MEMBERS OF COUNCIL
SECTION 1 Members of the imperial council
are bound by this constitution to vote in favor of the majority of their
constituents votes.
SECTION 2 Members of the imperial council who do not vote in favor of
the majority of their constituents votes shall be stripped of their electoral
rights and membership in the imperial council. Otherwise members of the
imperial council may not be subjected to court proceedings or disciplinary action
for a vote cast or a statement made by them in the imperial parliament or any
of its committees.
SECTION 3 Members of the imperial council are subject to imperial law
as any other citizen and may be arrested and held accountable to them as any
other citizen would be.
SECTION 4 Members of council are entitled to adequate remuneration to
ensure their independence.
SECTION 5 No person shall become members of council if they: have at
any time been convicted of any offence in the Imperium or outside the Imperium
if such conduct would have constituted and offence within the Imperium, and for
which they have been sentenced to more than twelve (12) months without the
option of a fine, unless they have received a free pardon or unless such
imprisonment has expired at least ten (10) years before the date of their
election or; are unrehabilitated insolvents or; are of unsound mind and have
been so declared by a competent court.
SECTION 6 For the purpose of section 5 of this article: no person
shall be considered as having been convicted by any court until any appeal
which might have been noted against the conviction or sentence has been
determined, or the time for notation and appeal against such conviction has
expired.
SECTION 7 Members of council shall vacate their seats: if they cease
to have the qualifications which rendered them eligible to be members of
council; if they resign their seats in writing addressed to the Prime Minister;
if they are removed by council pursuant to its rules and standing orders permitting
or requiring such removal for good and sufficient reasons; if they are absent
during sittings of council for ten (10) consecutive sitting days, without
having obtained the special leave of parliament on grounds specified in its
rules and standing orders.
SECTION 8 If the seat of a member of council is vacated in terms of
section 7 of this article, the planetary body which nominated such member to
sit in council shall be entitled to fill the vacancy by nominating any person
on the bodys election list compiled for the previous general election, or if
there be no such person, by nominating any member of the party.
ARTICLE 17
PROCESSES OF CREATING LAWS
SECTION 1 Any adult citizen may introduce
bills to the imperial council. The bill may then be modified, refined, or
killed before it is voted upon.
SECTION 2 Any bill seeking to repeal or amend any provision of this
constitution shall indicate the proposed repeals and/or amendments with
reference to the specific articles sought to be repealed and/or amended and
shall not deal with any matter other than the proposed repeals or amendments.
Repeals and/or amendments to any provision of this constitution shall require a
two-thirds majority vote of council.
SECTION 3 All laws, which are unconstitutional, are void.
SECTION 4 All bills passed by the imperial council and signed into law
by the Emperor or Empress must specify a date on which the law takes effect,
otherwise the law becomes effective immediately upon signature of the Emperor
or Empress.
SECTION 5 The Emperor or Empress may veto any bill passed by the
imperial council. Any vetoed bill must be sent back to parliament with the
objections of the Emperor or Empress clearly noted. The imperial council may
modify, refine, or kill the bill before it is voted upon again. A bill may be
vetoed only five times. Upon the sixth time a bill shall be effectively killed
by a veto of the Emperor or Empress.
SECTION 6 the Prime Minister must sign any bill that passes the
imperial council before being sent to the Emperor or Empress to sign or veto.
The Emperor or Empress shall reject an unsigned bill.
ARTICLE 18
THE LEGISLATIVE COMMISSION
SECTION 1 There shall be a legislative
commission, which shall have the powers and functions set out in this constitution.
SECTION 2 The Legislative Commission shall be composed of six (6)
members appointed by the Emperor or Empress upon recommendation of the Judicial
Service Commission.
SECTION 3 Members of the Legislative Commission shall hold their seats
for five (5) years and shall be eligible for reappointment.
SECTION 4 When a seat of the Legislative Commission becomes vacant
through death, resignation, or disqualification, the Emperor or Empress shall
appoint a new member to the Legislative Commission upon recommendation of the
Judicial Service Commission.
SECTION 5 The Legislative Commission shall have the power to; consider
in terms of this article all bills passed by parliament; to investigate and
report to parliament on any subordinate legislation, reports, and documents
which under law must be tabled in parliament and which are referred to it by
parliament for advice; perform any other functions assigned to it by the
Emperor or Empress.
SECTION 6 A committee of the Legislative Commission shall be entitled
to conduct all such hearings and collect such evidence as it considers
necessary for the exorcise of the Legislative Commissions power of review and
investigations.
SECTION 7 Rules providing for the privileges and immunities of the
members of the Legislative Commission shall be made by an act of parliament.
SECTION 8 All bills passed by parliament shall be reviewed by the
Legislative Commission to ensure such bills are not unconstitutional and shall
meet with the Emperor or Empress to discuss their findings before the Emperor
or Empress signs the bill into law or vetos it.
ARITCLE 19
JUDICIARY BRANCH
SECTION 1 The judicial power of the
Imperium shall be vested in one Supreme Court and such inferior courts as the
imperial parliament may ordain and establish.
SECTION 2 The Judicial power shall extend to all cases in law and
equity arising under imperial law, and treaties made or which will be made,
under their authority; to all cases affecting ambassadors, other public
ministers and consuls; to all controversies to which the Imperium shall be a
party; to all controversies between two imperial colonies, imperial provinces,
or between an imperial colony and imperial province, between citizens and
colonies or provinces, or between citizens of the same or separate colonies or
provinces.
ARTICLE 20
OBLIGATIONS, POWERS, AND RIGHTS OF JUDGES
SECTION 1 Judges both of the Supreme Court
and inferior courts shall hold their offices during good behavior, and shall at
stated times receive for their services a compensation, which shall not be
diminished during their continuance in office.
SECTION 2 There shall be nine (9) judges to serve in the office of the
Supreme Court.
SECTION 3 The Judges of the Supreme Court shall be citizens of the
Imperium who are appointed by the Emperor or Empress upon recommendation of the
Judiciary Service Commission.
SECTION 4 Only judges may indict or subpoena persons or issue warrants
for arrest, search, or seizure.
SECTION 5 only the Emperor of Empress acting on the recommendation of
the Judicial Service Commission may remove a judge from office before the
expiry of his or her tenure.
SECTION 6 Judges may only be removed from office on the ground of
mental incapacity or for gross misconduct, and in accordance with the
provisions of section 5 of this article.
SECTION 7 All judges, except acting judges, appointed under this
constitution shall hold office until the age of sixty-five (65) years but the
Emperor or Empress shall be entitled to extend the retiring age of any judge to
the age of seventy (70) years. It shall also be possible by act of parliament
to make provision for retirement at ages higher than those specified in this
section.
SECTION 8 The Judicial Service Commission shall investigate whether or
not a judge should be removed from office on such grounds, and if it decided
that the judge should be removed, it shall inform the Emperor or Empress of its
recommendation.
SECTION 9 If the deliberations of the Judicial Service Commission
pursuant to this article involve the conduct of a member of the Judicial
Service Commission, such Judicial Service Commission, pending the outcome of
such investigations and recommendation, shall suspend the judge from office.
ARTICLE 21
JUDICIAL PROCEDURES AND PROCESS
SECTION 1 Judgments in criminal cases shall
be given in public except where the interests of juvenile persons or morals
otherwise require.
SECTION 2 All persons who are arrested and detained in custody shall
be brought before the court within a period of 24 hours of their arrest or, if
this is not reasonably possible, as soon as possible thereafter, and no such
persons shall be detained in custody beyond such period without the authority
of the court. Nothing contained in this section shall apply to illegal
immigrants held in custody under any law dealing with illegal immigration:
provided that such persons shall not be deported from the Imperium unless
deportation is authorized by the courts empowered by imperial law to give such
authority.
ARTICLE 22
THE SUPREME COURT
SECTION 1 The Supreme Court shall consist
of a chief justice and eight (8) additional judges as the Emperor or Empress,
acting on the recommendation of the Judicial Service Commission, may determine.
SECTION 2 The Supreme Court shall be presided over by the chief
justice of the Supreme Court and shall hear and adjudicate upon appeals
emanating from the High Courts, including appeals which involve the
interpretation, implementation and upholding of this constitution and the
fundamental rights and freedoms guaranteed hereunder. The Supreme Court shall
also deal with matters referred to it for decision by the Attorney-General
under this constitution, and with such other matters as may be authorized by
act of parliament.
SECTION 3 Three (3) Judges shall constitute a quorum of the Supreme
Court when it hears appeals or deals with matters referred to it by the
Attorney-General under this constitution: provided that provision may be made
by act of parliament for a lesser quorum in circumstances in which a judge
seized of an appeal dies or becomes unable to act at any time prior to
judgement.
SECTION 4 A decision of the Supreme Court shall be binding on all
other courts of the Imperium and all persons in the Imperium unless the Supreme
Court reverses it itself.
SECTION 5 At the request of the Chief Justice of the Supreme Court the
Emperor or Empress may appoint acting judges of the Supreme Court to fill
casual vacancies in the court from time to time, or as ad hoc appointments to
sit in cases involving constitutional issues or the guarantee of fundamental
rights and freedoms, if in the opinion of the Chief Justice it is desirable
that such persons should be appointed to hear such cases by reason of their
special knowledge of or expertise in such matters.
ARTICLE 23
THE HIGH COURT
SECTION 1 The High Court shall consist of a
chief justice and four (4) additional judges as the Emperor or Empress, acting
on the recommendation of the Judicial Service Commission, may determine.
SECTION 2 The High Court shall be presided over by the chief justice
of the High Court and shall hear and adjudicate upon appeals emanating from
lower courts, including appeals which involve the interpretation,
implementation and upholding of this constitution and the fundamental rights
and freedoms guaranteed thereunder.
SECTION 3 Three (3) judges shall constitute a quorum of the High Court
when it hears appeals: provided that provision may be made by act of parliament
for a lesser quorum in circumstance in which a judge seized of an appeal dies
or becomes unable to act at any time prior to judgement.
SECTION 4 The jurisdiction of the High Court shall extend only to the
imperial province or imperial colony for which it was created.
SECTION 5 At the request of the Chief Justice of the High Court the
Emperor or Empress may appoint acting judges of the High Court from time to
time, or as ad hoc appointments to sit in cases involving constitutional issues
or the guarantee of fundamental rights and freedoms, if in the opinion of the
Chief Justice it is desirable that such persons should be appointed to hear
such cases by reason of their special knowledge of or expertise in such
matters; or to enable the High Court to deal expeditiously with its work.
ARTICLE 24
THE JUDICIAL SERVICE COMMISSION
SECTION 1 There shall be a Judicial Service
Commission consisting of the Chief Justice of the Supreme Court, a judge
appointed by the Emperor or Empress, the Attorney-General and two members of
the legal profession nominated in accordance with the provisions of an act of
parliament by the professional organization or organizations representing the
interests of the legal profession in the Imperium.
SECTION 2 The Judicial Service Commission shall perform such functions
as are prescribed for it by imperial law.
SECTION 3 The Judicial Service Commission shall be entitled to make
such rules and regulations for the purposes of regulating its procedures and
functions as are not inconsistent with imperial law.
SECTION 4 Any casual vacancy in the Judicial Service Commission may be
filled by the Chief Justice of the Supreme Court or in his or her absence, by
the judge appointed by the Emperor or Empress.
ARTICLE 25
LOWER COURTS
SECTION 1 Lower courts shall be established
by act of parliament and shall have the jurisdiction and adopt the procedures
prescribed by such act and regulations made hereunder.
SECTION 2 Lower courts shall be appointed in accordance with
procedures prescribed by act of parliament.
ARTICLE 26
THE OMBUDSMAN
SECTION 1 There shall be an ombudsman,
appointed by the Emperor or Empress on the recommendation of the Judicial
Service Commission, who shall have the powers and functions set out in this
constitution.
SECTION 2 The Ombudsman shall be independent and subject only to
imperial law and the mandates of the Emperor or Empress.
SECTION 3 No member of the administration or of parliament, or any
other person, shall interfere with the Ombudsman in the exorcise of his or her
functions and all organs of the Celestial Empire shall accord such assistance
as may be needed for the protection of the independence, dignity and
effectiveness of the Ombudsman.
SECTION 4 The Ombudsman shall either be a judge of the Imperium, or a
person possessing the legal qualifications which would entitle him or her to
practice in all the courts of the Imperium SECTION 5 The Ombudsman
shall hold office until the age of sixty-five (65) years, but the Emperor or
Empress may extend retirement age of any ombudsman to seventy (70).
SECTION 6 The functions of the Ombudsman shall be defined and
prescribed by an act of parliament and shall include the following: the duty to
investigate complaints concerning alleged or apparent instances of violations
of fundamental rights and freedoms, abuse of power, unfair, harsh, insensitive
or discourteous treatment of a citizen or registered resident alien by an
official in the employ of any part of imperial government, manifest injustice,
or corruption or conduct by such official which would properly be regarded as
unlawful, oppressive, or unfair in a democratic society; the duty to
investigate complaints concerning the functioning of the Public Service
Commission and the administration in so far as such complaints relate to the
failure to achieve a balanced structuring of services or equal access by all to
the recruitment of such services or fair administration in relation to such
services; the duty to investigate complaints concerning the over utilization of
living natural resources, the irrational exploitation of non-renewable
resources, the degradation and destruction of ecosystems and failure to protect
the beauty and character of the Imperium; the duty to investigate complaints
concerning practices and actions by persons, enterprises and other private
institutions where such complaints allege that violations of fundamental rights
and freedoms under this constitution have taken place; the duty and power to
take appropriate action to call for the remedying, correction, and reversal of
instances specified in this article through such means as are fair, proper and
effective including: negotiation and compromise between the parties concerned;
causing the complaint and his or her findings thereon to be reported to the
superior of an offending person; referring the matter to the
prosecutor-general; bringing proceedings in a competent court for an indirect
or some other suitable remedy to secure the termination of the offending action
or conduct, or the abandonment or alteration of the offending procedures;
bringing proceedings to interdict the enforcement of such legislation or
regulation by challenging its validity if the offending action or conduct is
sought to be justified by subordinate legislation or regulation which is
grossly unreasonable or otherwise ultra vires; the duty to investigate
vigorously all instances of alleged or suspected corruption and the
misappropriation of public monies by officials and to take appropriate steps,
including reports to the Prosecutor-General and the Auditor-General pursuant
thereto; the duty to report to parliament annually on the exorcise of his or
her powers and functions.
SECTION 7 The powers of the ombudsman shall be defined by act of
parliament and shall include the power: to issue subpoenas requiring the attendance
of any person before the Ombudsman and the production of any document or record
relevant to any investigation by the Ombudsman; to cause any person
contemptuous of any such subpoena to be prosecuted before a competent court; to
question any person.
SECTION 8 The Ombudsman may be removed from office before the expiry
of his or her term of office by the Emperor or Empress acting on the
recommendation of the Judicial Service Commission.
SECTION 9 The Ombudsman may only be removed from office on the grounds
of mental incapacity or for gross misconduct, and in accordance with provisions
of section 10 of this article.
SECTION 10 The Judicial Service Commission shall investigate whether
or not the Ombudsman shall be removed from office on the grounds referred to in
section 9 of this article and, if it decides that the Ombudsman shall be
removed, it shall inform the Emperor or Empress of its recommendation.
SECTION 11 While investigations are being carried out into the
necessity of the removal of the Ombudsman in terms of this article, the Emperor
or Empress may, on the recommendation of the Judicial Service Commission and,
pending the outcome of such investigations and recommendation, suspend the
Ombudsman from office.
SECTION 12 The Ombudsman shall have the exclusive right and duty to
investigate the death of the Emperor or Empress, or of any member of the
Imperial Family, and may, during the investigation, command the resources of
the Department of Justice to comply with any order given in relation to such
investigation. This authority shall only extend to the investigations referred
to in this article
ARTICLE 27
CITIZENSHIP
SECTION 1 Citizens of the Imperium are
people who are children of a citizen, who become married to a citizen, who are
born in a province or colony of the Imperium, or who are naturalized.
SECTION 2 Any citizen of the Imperium who has attained the age of 18
years shall be an adult in the eyes of imperial law.
ARTICLE 28
FREEDOM OF CITIZENSHIP
Citizens may at no time be
forced to give up their citizenship.
ARTICLE 29
HUMAN RIGHTS
SECTION 1 The Imperium acknowledges liberty
and equality for all citizens of the Celestial Empire.
SECTION 2 Involuntary servitude shall not exist within the Imperium.
SECTION 3 For the purpose of this article forced labor and involuntary
servitude shall not include: any labor required in consequence of a sentence or
order of a court; any labor required of persons while lawfully detained, which,
though not required in consequence of a sentence or order of a court is
reasonably necessary in the interest of hygiene; any labor required of members
of the armed forces in pursuance of their duties as such, or in the case of
persons who have conscientious objections to serving as members of the Bureau
of the Military, any labor they are required by law to perform in place of such
service; any labor required during any period of public emergency or in the
event of any other emergency or calamity which threatens the life and well
being of the community, to the extent that requiring such labor is reasonably
justifiable in the circumstances of any situation arising or existing during
that period or as a result of that other calamity or emergency, for the purpose
of dealing with that situation; any labor reasonably required as part of
reasonable and normal communal or other civic obligations; the labor required
of bond servants through their contractual agreements; and labor required by a
house of its members in order to be self-sustaining.
SECTION 4 Save so far as it may be authorized to do so by this
constitution, parliament shall not make any law, and the executive and agencies
of government shall not take any action which abolishes or abridges the
fundamental rights and freedoms conferred by this constitution, and any law or
action in contravention thereof shall to the extent of the contravention be
void provided that: a competent court, instead of declaring such law or action
to be invalid, shall have the power and the discretion in an appropriate case
to allow parliament or the executive and the agencies of government, as the
case may be, to correct any defect in the impugned law or action within a
specified period, subject to such conditions as may be specified by it. In such
event and until such correction, or until the expiry of the time limit set by
the court, whichever be the shorter, such impugned law or action shall be
deemed to be valid.
SECTION 5 Aggrieved persons who claim that a fundamental right or
freedom guaranteed by this constitution has been infringed or threatened shall
be entitled to approach a competent court to enforce or protect such a right or
freedom, and may approach the Ombudsman to provide them with such legal
assistance or advice as they require, and the Ombudsman shall have the
discretion in response thereto to provide such legal or other assistance as he
or she may consider expedient.
Subject to the provisions
of this constitution, the court shall have the power to make all such orders as
shall be necessary and appropriate to secure such applicants the enjoyment of
the rights and freedoms conferred on them under the provisions of this
constitution, should the courts come to the conclusion that such rights or
freedoms have been unlawfully denied or violated, or that grounds exist for the
protection of such rights or freedoms by interdict.
ARTICLE 30
APPLICABILITY
SECTION 1 Fundamental rights apply to
natural persons, domestic and foreign, who are assigned these rights. They
apply to legal persons, domestic and foreign, where, and to the extents that,
the nature of the rights permit.
SECTION 2 Fundamental rights are inviolable and inalienable. They
include the freedom not to make use of them. Their exorcise may, in single
instances, be waived by free and responsible declaration of the right holder,
but such declaration is never binding on future instances.
ARTICLE 31
EQUALITY
SECTION 1 All citizens and registered
resident aliens are equal before the eyes of the law.
SECTION 2 All citizens are eligible for public office according to
their professional aptitude.
ARTICLE 32
TAXATION OF CITIZENS
Citizens of the Imperium
shall not be taxed on food, clothing, medical services, medication, personal
property, gifts or income. Citizens of the Imperium may be required to pay a
fee for services rendered or goods received from the Imperium by the citizen,
except those goods and services that are required to sustain or protect the
health and life of the citizen.
ARTICLE 33
PROHIBITION OF EXTRADITION OF CITIZENS
No citizen of the Imperium
may be extradited to a foreign planetary body unless they are also citizens of
that country, and the crime for which they are accused would also be a crime
under imperial law.
ARTICLE 34
ELECTORAL RIGHTS
SECTION 1 Absent of special provisions,
elections are direct, free, equal, and secret.
SECTION 2 Elections shall always be free and equal to the citizens of
the Imperium.
SECTION 3 Only citizens of the Imperium who are 18 years of age or
older shall be eligible to vote.
SECTION 4 Every citizen of the Imperium who is eligible to vote shall
also be eligible to be elected to offices that require election.
SECTION 5 Every citizen of the Imperium who is eligible to vote shall
have recourse to the Supreme Court of the Imperium for scrutiny of the
elections.
SECTION 6 There is no compulsory voting.
ARTICLE 35
RIGHT TO PETITION
Imperial Council shall not
pass or make any law prohibiting any citizen or organization from petitioning
the imperial government for a redress of grievances.
ARTICLE 36
ACCESSES TO COURTS
SECTION 1 Everyone has free recourse to the
courts.
SECTION 2 Everyone has a right to a constitutional judge.
Extraordinary courts are not allowed except courts martial.
SECTION 3 Persons and groups have recourse to the court acting for
other right holders not being in a position to seek relief in their own name.
ARTICLE 37
RIGHT TO FAIR AND SPEEDY TRIAL
SECTION 1 No act may be punished unless it
constituted a criminal offence under imperial law before having been committed.
No one may be punished for the same act more than once.
SECTION 2 In all criminal prosecutions the accused shall enjoy the
right to a speedy and public trial, by an impartial jury and to be informed of
the nature and cause of the accusation and of the right to be silent; to be
confronted with the witnesses against him or her; to have compulsory process
for obtaining witnesses in his or her favor, and to have the assistance of
council for his or her defense; to be presumed innocent until proven guilty;
not to be a witness against himself or herself or their spouses, who shall
include their partners in common law; to communicate with next of kin, partner
and legal, medical, and religious counselor; to be released no later than 24
hours after arrest if not further detained after court hearing, and to redress
in case of false imprisonment.
SECTION 3 Evidence obtained illegally shall be inadmissible in any
court within the Imperium.
SECTION 4 Everyone has the right of access to all information required
for the exercise of protection of his or her rights. All persons shall be
afforded adequate time and facilities for the preparation and presentation of
their defense, before the commencement of and during their trial, and shall be
entitled to be defended by a legal practitioner of their choice.
SECTION 5 No one may be deprived of life, liberty, or property without
due process of law. No citizen or registered resident alien shall be subject to
arbitrary arrest or detention.
SECTION 6 No persons who have been arrested and held in custody as
illegal immigrants shall be denied the right to consult confidentially legal
practitioners of their choice, and their shall be no interference with this
right except such as is in accordance with imperial law and is necessary in a
republic in the interest of national security or for public safety.
ARTICLE 38
RIGHT TO ASSEMBLE AND ASSOCIATE
SECTION 1 Everyone has the right to
peacefully assemble and the right to associate with others.
SECTION 2 Freedom of association shall include the right to form and
join associations or unions, including trade unions and political parties, to
withhold their labor without being exposed to criminal penalties; and to leave
from and return to the Celestial Imperium.
SECTION 3 The rights granted by this article shall not apply to those
who assemble and associate for criminal or disorderly purposes.
ARTICLE 39
RIGHT TO EDUCATION
SECTION 1 All citizens of the Imperium and
registered resident aliens have the right to education.
SECTION 2 Primary education shall be compulsory and the Imperium shall
provide, to the best of its ability, reasonable facilities to render effective
this right for every citizen of the Imperium and registered resident alien, by
establishing and maintaining imperial schools at which primary education will
be provided free of charge.
SECTION 3 Children shall not be allowed to cease their education until
they have completed their primary education, save insofar as this may be
authorized by act of parliament on grounds of health or other considerations
pertaining to the public interest.
ARTICLE 40
FREEDOM OF PROFESSION
SECTION 1 All citizens of the Imperium have
the right to freely choose their occupation.
SECTION 2 There is no duty to work. Forced labor is prohibited except
as outlined in this constitution.
ARTICLE 41
FREEDOM OF RESEARCH, SCIENCE, AND TEACHING
SECTION 1 Every citizen or registered
resident alien has the right to research and to conduct science.
SECTION 2 Only citizens shall have the right to found schools.
SECTION 3 Only citizens or registered resident aliens shall have the
right to teach.
ARTICLE 42
FREEDOM OF EXPRESSION AND INFORMATION
SECTION 1 Media construed to be
entertainment shall be censored if it contains gore or extreme violence against
people, children, or animals, except those specifically allowed by the
Department of Communication. Otherwise, censorship is abolished and no bill or
law shall be passed prohibiting or abridging the freedom of speech.
SECTION 2 Every citizen or registered resident alien has the right to
freely express and disseminate his or her opinion.
SECTION 3 Freedom of the press and other media is guaranteed except as
outlined in this constitution.
SECTION 4 Every citizen and registered resident alien has the right to
freely retrieve information from publicly available sources.
SECTION 5 Every citizen or registered resident alien has the right to
perform arts.
SECTION 6 Every person shall be entitled to enjoy, practice, profess,
maintain and promote any culture, traditions or religion subject to the terms
of this constitution and further subject to the condition that the rights
protected by this article do not impinge upon the rights of others or the
national interest.
SECTION 7 All citizens have the right, at their own expense, to
establish and to maintain private schools, or colleges or other institutions of
tertiary education provided that: such schools, colleges or institutions of
tertiary education are registered with the Department of Education in
accordance with any law authorizing and regulating such registration; the
standards maintained by such schools, colleges or institutions of tertiary
education are not inferior to the standards required by imperial law.
ARTICLE 43
FREEDOM OF RELIGION AND BELIEF
SECTION 1 No bill or law shall be passed
respecting an establishment of religion or prohibiting the free exorcise
thereof except when that practice is human sacrifice, human torture against an
unwilling victim, cruelty to animals, or animal sacrifice except when the
animal to be sacrificed will be consumed as food by the congregation performing
the sacrifice.
SECTION 2 No religious institution shall insight violence or civil
disobedience among national residents.
SECTION 3 Everyone has the right to choose and to practice his or her
religion, creed, conscience, faith, confession, and belief.
SECTION 4 Everyone may refuse to give religious instruction.
ARTICLE 44
RIGHT TO PROTECTION
SECTION 1 Protection of human dignity of
citizens and registered resident aliens is the duty of the Imperium.
SECTION 2 Anyone persecuted on political grounds has the right to
asylum.
SECTION 3 Every citizen and registered resident alien has the right to
livelihood, healthcare, shelter, and education.
ARTICLE 45
PERSONAL INTEGRITY
SECTION 1 Every citizen and registered
resident alien has the right to life and bodily integrity. Abortion is
prohibited as murder except in cases where birth my cause death or severe
physical injury to the mother. The mother may choose to give up her life or may
choose to endure severe physical injury in order to birth the child if she so
chooses. Abortion outside of these circumstances shall incur a sentence of life
imprisonment.
SECTION 2 Every citizen of the Imperium and registered resident alien
has the right to remain free except when convicted of a crime or when arrested
and detained pursuant to that arrest. If not charged with a crime the person
detained shall be released no later than 24 hours after having been detained.
ARTICLE 46
PROPERTY INTEGRITY AND RIGHTS
SECTION 1 Every citizen of the Imperium and
registered resident alien has the right to acquire, own, possess, exclusively
use, and convey private property.
SECTION 2 Property may not be taken from citizens or registered
resident aliens without due compensation except as outlined in this
constitution.
SECTION 3 Everyone has the right to inherit.
ARTICLE 47
RIGHT TO PRIVACY
SECTION 1 Every citizen of the Imperium has
the right to privacy in his or her homes, personal effects, and communications.
SECTION 2 The right of citizens of the Imperium to be secure in their
persons, houses, papers, effects, and communications against unreasonable
search and seizures shall not be violated, and no warrants may issue, but upon
probable cause, supported by oath or affirmation, and particularly describing
the place to be searched, and persons or things to be seized.
ARTICLE 48
ADMISSIBLE RESTRICTIONS
SECTION 1 The Imperium can apply restrictions
on individual rights of citizens or registered resident aliens only for the
purpose of protecting individual rights of other citizens or registered
resident aliens or furthering other imperial interests explicitly mentioned in
this constitution.
SECTION 2 Any restrictions on individual rights of citizens or
registered resident aliens must be competent and narrowly tailored to further
the constitutional interest. Such restriction must be an adequate means to
achieve the purpose of furthering the constitutional interest. In no case may
the essence of a fundamental right be infringed.
SECTION 3 Any restriction must apply generally and not solely to an
individual case.
ARTICLE 49
FREEDOM OF PROCREATION AND CHILD REARING
SECTION 1 The age of 13 years shall be the
age of consent to sexual intercourse for males and females.
SECTION 2 Every citizen of the Imperium and registered resident aliens
who have reached the age of consent has the right to procreation.
SECTION 3 Parents have the right to bring up and educate their
children according to standards set by imperial law. They have the right to
decide about their childrens participation in religious instructions.
ARTICLE 50
OBLIGATION AND RIGHTS OF CHILDREN
SECTION 1 Children have the obligation to
obey imperial law, the regulations of their house and hold within imperial law,
and the command of their parents within the bounds of imperial law.
SECTION 2 Children have the right to life, public healthcare with or
without the consent of the parents, shelter, nourishment, education, and
protection from abuse as defined within imperial law. Children may act in
self-defense against abuse.
SECTION 3 Children shall have the right from birth to a name, the
right to acquire a nationality and, subject to legislation enacted in the best
interests of children, as far as possible the right to know and be cared for by
their parents.
SECTION 4 Children are entitled to be protected from economic
exploitation and shall not be employed in or required to perform work that is
likely to be hazardous or to interfere with their education, or to be harmful
to their health or physical, mental, spiritual, moral, or social development.
For the purpose of this section children shall be under the age of 16 years.
SECTION 5 No children under that age of 14 years shall be employed to
work in any factory or mine, save under conditions and circumstances regulated
by an act of parliament. Nothing in this section shall be construed as
derogating in any way from section 4 of this article.
SECTION 6 Any arrangement or scheme employed on any farm or other
undertaking, the object or effect of which is to compel the minor children of
an employee to work for or in the interest of the employer of such employee,
shall be deemed to constitute an arrangement or scheme to compel the
performance of forced labor.
ARTICLE 51
OBLIGATION AND RIGHTS OF PARENTS
SECTION 1 Parents have the obligation to
obey imperial law and the regulations of their house and hold within the bounds
of imperial law.
SECTION 2 Parents have the obligation to rear and to either educate
their children according to national standards or to ensure that their children
attend public schools or equivalent institutions. Vocational schools and
private schools shall be the equivalent to public school.
ARTICLE 52
FREEDOM OF MARRIAGE
SECTION 1 Monogamous, polygamous,
polyandrous, polyamorous, heterosexual and same sex marriages shall be
recognized by the Imperium as valid unions.
SECTION 2 Minors shall be allowed to marry at the age of 14 years with
the consent of their parents and only after a one year engagement has been
endured. Those who have reached the age of 17 shall be allowed to marry without
the consent of their parents.
SECTION 3 Marriage shall be entered into only with the free and full
consent of the intending spouses.
SECTION 4 Any persons intending to marry shall first endure a one year
engagement, during which time those engaged shall live together 365, 24 hour
days as if they were married as a measure to be certain they will still wish to
be married after the engagement is over.
ARTICLE 53
DIVORCES AND CHILD CUSTODY
SECTION 1 For the purpose of this article
bond servants shall be considered property.
SECTION 2 Tribunals of a house shall be forbidden from trying any
divorce or custody case.
SECTION 3 A family court of the Imperium shall have exclusive
jurisdiction to try divorce and custody cases, and to determine the terms of
child visitation.
SECTION 4 Parliament shall enact legislation providing for the strict
enforcement of a child visitation order of a court.
SECTION 5 In all cases of divorce the secondary member of a house
requesting or otherwise involved in a divorce shall be entitled only to
property that belongs specifically to them.
SECTION 6 After any divorce in which the former secondary member was a
party, after being separated from the house of their former primary spouse,
shall return to the original house of their family.
SECTION 7 In cases of divorce where children are involved, physical
and legal custody of the child shall remain with the primary member of a house
who either requested or is a party to a divorce, unless the child would be
endangered by remaining with the primary parent. In such a case the child shall
be placed in the physical and legal custody of a member of a different hold of
the same house of the primary parent, unless the child would still be
endangered by doing so, or unless this is not an option, in which case the
physical and legal custody of the child shall be placed with the secondary
parent. If the child would be endangered by being placed in the custody of the
secondary parent the child shall instead be placed in the physical and legal
custody of a member of a hold of the house of the secondary parent, unless the
child would still be endangered by doing so, in which case the child shall
become a ward of the Empire.
SECTION 8 A child whose custody has been given to anyone other than
the primary parent or person in the house of a primary parent, upon reaching
the age of adulthood, shall still remain eligible to serve upon the council of
elders of the house of their primary parent, or may, if they so choose, found a
new house.
ARTICLE 54
PROHIBITION OF ALIMONY
Any form of alimony within
the Imperium shall be prohibited. It is the duty of a hold and house to care
for its members.
ARTICLE 55
PROHIBITION OF CHILD SUPPORT
Any form of child support
within the Imperium shall be prohibited. It is the duty of the custodial parent
or guardian, hold, and house to care for children.
ARTICLE 56
THE HOUSE
SECTION 1 "House" shall mean a
family, specifically a group of persons of common ancestry, and those to whom
they are joined in union, which is governed by a council of elders.
SECTION 2 The council of elders shall be composed of, at least, the 13
most senior descendants of the founder of a house who are appointed by
seniority, and includes the founder.
SECTION 3 The council of elders shall perform collectively the
legislative and judicial functions of the House. The executive shall be the
founder of the House, or the most senior member of the House who is charged
with carrying out House regulations and enforcing them.
SECTION 4 There shall be only one position in the council of elders
that is executive. The executive is superior to all other positions within the
council of elders and shall hold the first position on that council. All
positions within the council of elders shall be numbered from one (1) to
thirteen (13), or higher if so stipulated within the constitution of the House,
with one being the highest ranking position and thirteen or higher being the
lowest ranking position. When any position within the council of elders becomes
vacant, the next most senior descendant of the founder in a lower position
shall fill that vacant position. No one under that age of 13 shall be allowed
to serve upon the council of elders.
SECTION 5 The council of elders shall derive its authority from this
constitution and shall have authority ONLY over the specific house to which it
belongs and its holds. Any regulation created by the council of elders which
goes against this constitution shall be void.
SECTION 6 Houses shall be of two types, which shall be referred to as
their gender as follows: Male gender houses shall be those houses that are
founded by males. Males in a male gender house shall carry the family name to
future generations; Female gender houses shall be those houses founded by a
female. Females in a female gender house shall carry the family name to future
generations.
SECTION 7 The House of the Imperial Family shall be the House of
Yancey and shall bear arms of a male gender house. The House of the Imperial
Family shall always be considered a non-gendered house. Both males and females
that are primary members of the Imperial House shall carry the family name to
future generations.
SECTION 8 Every citizen within the empire shall belong to a house
either by founding one, being born into one, by joining one through union, by
becoming bound to a member of a house as a bond servant, or by becoming bound
to a house or hold of a house as a bond servant.
SECTION 9 Every house shall apply for arms as outlined in this
constitution.
SECTION 10 All members of a house shall be categorized into one of
three categories as follows: "primary" shall refer to the founder of
a house and his or her direct descendants; "secondary" shall refer to
those members of a house who are joined to a primary member of the same house
in union; "bond servant" shall refer to those members of a house who
have become members of that same house through their service to a primary or
secondary member of said house or through service to the house itself.
SECTION 11 Any child who is adopted shall keep the family name they were
given at birth and shall found a house under that name at the age of thirteen
(13) years, but shall remain in the care of the members of a house who have
adopted them until the age of eighteen (18) years. Adopted children may remain
honorary members of the house which cared for them and may, if they desire,
apply for a device that is the same as the house that cared for them, but
modified slightly. If the adopted child is a gender that is opposite that of
the house in which they were cared for, the difference in tincture shall
suffice for the slight modification, unless the modified device is already in
use by another house, in which case a different but similar device may be used
with regard to the gender of the house founded by the adopted individual.
Adopted children shall not have any authority within the house of the members
that adopted them and may not serve on the council of elders of that house.
ARTICLE 57
THE HOLD
"Hold" shall mean
a basic unit of a house having as its head a "Lord Holder" or
"Lady Holder", which is composed of one or more persons of the House
and those to whom they are joined in union, usually consisting of two or more
adults living together and cooperating in the care and rearing of their own
children and/or assisting in the care and rearing of the children of the house.
ARTICLE 58
HERALDRY
SECTION 1 A collage of arms shall be
established within the Department of Citizenry, as the Bureau of Heraldry, and
shall have authority to regulate and issue heraldic devices in accordance with
the provisions of this constitution, Imperial law, and such regulations as the
collage of arms may establish.
SECTION 2 Every house shall be issued a heraldic device which shall be
displayed in a manner determined by the collage of arms. House devices shall be
in the shape of a shield. The tinctures for the heraldic device of a house
shall be as follows: male gender houses shall be issued a heraldic device whose
tincture is solid gold or black and gold. Female gender houses shall be issued
a heraldic device whose tincture is solid silver or black and silver. No two
houses shall be issued a device that is the same in both tincture and design.
SECTION 3 Every hold shall be issued a heraldic device which shall be
displayed in a manner determined by the collage of arms. Hold devices shall be
in the shape of a square. The tinctures for the heraldic device of a hold shall
be as follows: Holds of the house of the Imperial Family shall be issued a
heraldic device whose tinctures are black and gold. Holds of male gender houses
shall be issued a heraldic device whose tinctures are black and gold. Holds of
female gender houses shall be issued a heraldic device whose tinctures are
black and silver. No two holds shall be issued a device that is the same in
both tincture and design.
SECTION 4 Only members of the Imperial Family shall be issued a
heraldic device whose tinctures are blue and gold. No two heraldic devices of
the Imperial Family shall be the same in both design and shape. Primary members
of the Imperial Family shall be issued a heraldic device in the shape of a
shield. Secondary members of the Imperial Family shall be issued a heraldic
device in the shape of a lozenge. Bond servants to members of the Imperial
Family shall be issued a heraldic device in the shape of a lozenge which is
blue and gold in tincture, and which bears the charge of their caste and their
registration number.
SECTION 5 The Imperial Vizier and Members of the Imperial Guard shall
be issued heraldic devices in the shape of a shield. Heraldic devices issued to
the Imperial Vizier or to a member of the Imperial Guard shall have tinctures
of red and gold. No two devices issed to the Imperial Vizier or to members of
the Imperial Guard shall be the same in design. Heraldic devices issued to a
squire of the Imperial Guard shall be in the shape of a lozenge whose tinctures
are red and gold. The charge on the lozenge shall be transfered onto the shape
of a shield when the squire is promoted.
SECTION 6 All bond servants other than those who serve members of the
Imperial Family shall be issued a heraldic device in the shape of a lozenge
whose tinctures shall be green and gold and which shall also bear the charge of
their caste and their registration number.
SECTION 7 Only citizens of the Imperium shall be entitled to apply for
and receive personal heraldic devices. Devices of all primary members of a
house shall be in the shape of a shield. Devices of all secondary members of a
house shall be in the shape of a lozenge. No citizen of the Imperium shall bear
a heraldic device whose tinctures are gold and black, silver and black, gold
and blue, gold and red, or gold and green in the shape of a lozenge unless they
are authorized to do so by this constitution.
ARTICLE 59
MONOPOLIES ON OBJECTS
No one but the Imperium
shall own heavy weapons or ultra-hazardous materials.
ARTICLE 60
MONOPOLIES ON ACTIVITIES
SECTION 1 No one but the Imperium shall
have any form of military forces.
SECTION 2 Parliament may make provisions for civil defense and civil
defense organizations.
ARTICLE 61
FORFEITURE OF RIGHTS
SECTION 1 Persons and political parties who
abuse fundamental rights in order to combat the free republic forfeit these
rights. The Supreme Court shall determine such forfeiture.
SECTION 2 Prisoners who are serving a sentence as a result of a felony
offense shall forfeit all rights during the term of their sentence and
imprisonment, except their right to life, not withstanding a sentence of death
where authorized. Prisoners who: escape, attempt escape, insight or participate
in riots, commit acts of violence against other prisoners when not acting in
self defense, commit an act of violence against any prison official or visiting
person, including exposing them to or propelling at them in any way any bodily
fluids or waste such as spittle, urine, feces, blood, or semin; or who are
found with weapons on their person shall be executed.
SECTION 3 Prisoners sentenced to death as a result of a criminal act
outside of prison shall be executed publicly. Prisoners sentenced to death as a
result of an act committed while in prison shall be executed before all
prisoners within the facility where the act was committed. The attendance of
prisoners in the latter case is mandatory. No female prisoner shall be
executed, who is pregnant, until the child has been born. The custody of the
child shall be handled in accordance with the provisions in this constitution
dealing with child custody where the mother is no longer eligible for custody
of the child.
SECTION 4 All prisoners who are convicted of violent acts weather
felony or misdemeanor, and whether or not the sentence includes death, shall be
sterilized. No female prisoner shall be sterilized, who is pregnant, until the
child has been born. The custody of the child shall be handled in accordance
with the provisions in this constitution dealing with child custody where the
mother is no longer eligible for custody of the child.
SECTION 5 No prisoner shall have access to any form of media including
but not limited to electronic communication, written communication, television,
radio, ethernet or verbal communication. No prisoner shall be allowed to have
visitors of any type during their term of imprisonment except legal
practitioners or members of clergy. Any form of parole for whatever reason is
prohibited. All prisoners shall perform hard labor or some form of labor which
shall benefit the Empire, the prison to which the prisoner is assigned, and any
victims, or family of the victims, which were affected by the criminal acts of
the prisoner, for as long as the prisoner is serving time, or until the death
of the prisoner.
ARTICLE 62
DEPRIVATION OF ELECTORAL RIGHTS
SECTION 1 By final court order, the right
to vote and to be elected can, partially or at large, temporarily or unlimited,
be suspended if an adult has not the requisite mental capacity for any legal
responsibility or has irrevocably been sentenced to at least one year of
imprisonment.
SECTION 2 No prisoner shall have the right to vote or to be elected.
ARTICLE 63
ANIMAL RIGHTS
SECTION 1 All wild and domestic animals
shall have the right to the protection of the Imperium. SECTION 2 All
wild animals shall have the right to veterinary care without a fee charged to
any person.
SECTION 3 All domestic animals shall have a right to veterinary care
for a fee charged to their guardians.
SECTION 4 Where hunting or fishing is allowed, it shall not be for
sport, but for food only.
SECTION 5 There shall be established within the executive a game,
fish, and wildlife commission who shall regulate hunting, fishing, and other
issues concerning wildlife in general; and shall control the issue, suspension,
and revocation of licenses for hunting, fishing, and other wildlife concerns.
SECTION 6 There shall be established within the Bureau of Law
Enforcement a division of wildlife enforcement, and a division of animal
control. The Division of Wildlife enforcement shall enforce the regulations of
the Game, Fish, and Wildlife Commission and any legislation enacted by
parliament regarding wildlife. The Division of Animal Control shall enforce any
legislation enacted by parliament regarding domesticated animals and may take
into custody any wild or domesticated animal for the protection of that animal
or for the protection of human life.
SECTION 7 Any form of research upon animals that causes the
intentional death, illness, loss of bodily integrity, or suffering to those
animals shall be prohibited. Research conducted upon an already ill or injured
animal shall be allowed when that research is aimed at the healing of the
animal and may benefit other animals, including humans and those of its
species.
ARTICLE 64
MONEY
No one but the Imperium may
coin or print money, or create, delete, or otherwise control electronic credits
within the Imperium.
ARTICLE 65
CENTRAL BANK
SECTION 1 There shall be a central bank of
the Imperium which shall serve as the principle instrument to control the money
supply, the currency and the institutions of finance within the Celestial
Empire, and to perform all other functions ordinarily performed by a central
bank.
SECTION 2 The Central Bank of the Imperium shall be organized as the
"Bureau of the Central Bank" within the Department of the Treasury.
ARTICLE 66
THE AUDITOR-GENERAL
SECTION 1 There shall be an Auditor-General
appointed by the Emperor or Empress on the recommendation of the Public Service
Commission and with the approval of parliament. The Auditor-General shall hold
office for five (5) years unless removed earlier under section 3 of this
article or unless he or she resigns. The Auditor-General shall be eligible for
reappointment.
SECTION 2 The Auditor-General shall perform all functions assigned to
him or her by act of parliament and shall report annually to parliament
thereon.
SECTION 3 The Auditor-General shall not be removed from office unless
a two-thirds majority of all the members of parliament vote for such removal on
the ground of mental incapacity or gross misconduct.
ARTICLE 67
PRINCIPLES OF NATIONAL POLICY
The Imperium shall actively
promote and maintain the welfare of the people by adopting, interlaid, policies
aimed at the following: enactment of legislation to ensure that the health and
strength of the workers, men and women, and the tender age of children are not
abused and that citizens are not forced by economic necessity to enter
vocations unsuited to their age and strength; active encouragement of the
formation of independent trade unions to protect workers rights and interests
and to promote sound labor relations and fair employment practices; insurance
that every citizen and registered resident alien has a right to fair and
reasonable access to public facilities and services in accordance with imperial
law; insurance that senior citizens are entitled to and receive a regular
pension adequate for the maintenance of a decent standard of living and the
enjoyment of social and cultural opportunities; enactment of legislation to
ensure that the unemployed, the incapacitated, the indigent and the
disadvantaged are accorded such social benefits and amenities as are determined
by parliament to be just and affordable with due regard to the resources of the
Imperium; insurance that workers are paid a living wage adequate for the maintenance
of a decent standard of living and the enjoyment of social and cultural
opportunities; consistent planning to raise and maintain an acceptable level of
nutrition and standard of living of the people of the Imperium and to improve
public health; maintenance of ecosystems, essential ecological processes and
biological diversity of the Imperium and utilization of living natural
resources on a sustainable basis of the benefit of all imperial citizens and
registered resident aliens, both present and in the future; in particular the
government shall provide measures against the dumping or recycling of foreign
nuclear and toxic waste.
ARTICLE 68
FOREIGN RELATIONS
The Imperium shall endeavor
to ensure that in its international relations it: adopts a policy of
non-alignment; promotes international co-operation, peace and security; creates
and maintains just, mutually beneficial relations among nations; encourages the
settlement of international disputes by peaceful means; fosters a respect for
treaty obligations.
ARTICLE 69
ASYLUM
The Imperium may, where it
is reasonable to do so, grant asylum to persons who reasonably fear persecution
on the ground of their political beliefs, religion, or membership of a
particular social group.
ARTICLE 70
RATIFICATION
The signature of the
Emperor or Empress shall be sufficient to ratify this constitution