Constitution of Makko Oko
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| Basic Rights Of Makko Oko | |
|---|---|
 Original signing of the 1964 Republic of Makko Oko Constitution | |
| Jurisdiction |  Makko Oko |
| Created | January 23rd, 2022 |
| Ratified | January 24th, 2022 |
| System | Dictatorship |
| Branches | 2 |
| Executive | Emperor |
| Federalism | Unitary |
| Amendments | 6 |
| Last amended | October 3rd, 2027 |
| Commissioned by | Emperor Conall Solis |
| Supersedes | Constitution Of Makko Oko |
The Basic Rights of Makko Oko, also known as the Constitution of Makko Oko, is the supreme law of the Empire Of Makko Oko. The Basic Rights is comprised of 12 sections filled with a total of 49 articles, being amended six times since its original ratification date. The document establishes the nation as a semi-unitary government under an absolute monarchy. Its 13 sections sets out the structure and powers of the three parts of the national government: the executive, the Law Council (legislative) and the judiciary; along with establishing basic rights that must never be violated as constitutional rights enforced even at the national level with or without statute.
The Constitution is the primary source of Makkonian constitutional law. The document may only be amended via the approved methods set out under Section 11. Unlike most other constitutions, whenever an amendment is ratified to the Constitution, the changes are directly implemented into the structure of the document, removing every trace of what previously existed. The most recent amendment occurred on October 3rd, 2027.
Revision History
1st Amendment
- Added Sections V & VI, the Rights Of The Court and the Rights Of The Police
2nd Amendment
Ratified May 18th, 2022
- Removed military service requirement from Section IV, Citizenship
3rd Amendment
Ratified July 5th, 2022
- Added Section VIII, Government Structure
- Added Article XVI to Section IV, Citizenship
- Removed ban on diplomatic immunity article from Section I, Rights To Freedom
4th Amendment
Ratified August 27th, 2022
- Added Section IX, Emperor's Law Council
- Added Article XIX to Section V, Criminal Processing Procedures & Rights
- Renamed Section V from Processing Of Nationals For Criminal Reasons to Criminal Processing Procedures & Rights
5th Amendment
Ratified November 18th, 2022
-- First Amendment by the Emperor's Law Council --
- Renamed Section I from Rights To Freedom to Constitutional Rights & Granted Constitutional Freedoms Of Speech, Movement and of protection by the state
- Removed "court intervention" from Article VIII of Section II, Supremacy To Legislation
- Modified Article IX of Section II, Supremacy To Legislation
- Added Article X to Section II, Supremacy To Legislation, establishing a notwithstanding clause for the constitution
- Removed Section III, Military Rights & Servitudes
- Modified Article X and XI of Section III, Citizenship, to establish a constitutional right to citizenship
- Added Article XVII to Section III, Citizenship
- Added Article XVIII to Section III, Citizenship, to establish the official age of majority
- Modified Article XX of Section IV, Criminal Processing Procedures & Rights, to establish a constitutional right to free legal aid
- Modified Article XXXI of Section VIII, Emperor's Law Council, to ban any non-government individual from gaining membership in the council
- Removed and replaced Section VI, Rights Of The Police, with Equality Protections
- Added Section IX, National Sovereignty
- Added Section X, State Religion
- Added Section XI, Amendments Of The Constitution
- Added Section XII, Rights Of The Administrative Governments
6th Amendment
Ratified October 3rd, 2027
- Solidified constitutional right to citizenship, has made it inviolable by removing a portion of Section III, Article XI. Article XII removed
- Removed Section V, Rights of the Court and replaced it with Section V, Judicial Establishment
- Constitutional rights expanded in Section I, Constitutional Rights, and the rights to not be sentenced to unusual punishments, not be enslaved or work for free and to not be imprisoned for debt, were established
- Article XXII redone, new right to a speedy trial established, replaced 3 week period for initial hearing before a judge
- Article XXVII on the Bill of Emperor's Passages removed, replaced with Article XXXI which prohibits the judiciary from interpreting the government's structure
- Section XI, Amendments of the Constitution, heavily modified, Monarch now no longer has the unilateral authority to amend the Constitution
- Most references to Emperor taken out and replaced with Monarch
- Section XIII, Executive Sovereignty, added, which established that the Monarch was supreme in the government to any other branch, including the judiciary
Section I. Constitutional Rights
ARTICLE I - Citizens of the state shall hereby have the full and unequivocal right to the freedoms of speech, movement and of protection by the state thereof, with limitations therein to these rights authorized, and a full ban being authorized merely for reasons of suspension, or of martial law.
ARTICLE II - The right to bear arms is to not be duly exercised or granted, unless by an officer of the peace, or by a current member of the Liberation Forces.
ARTICLE III - No freedom of the press is to be solely declared under these basic rights, and is as such here not a constitutional right. Wherein it may be realized that this article does grant to the state, the privilege to declare through legislation, the freedom of the press.
ARTICLE IV - It shall be declared that a right of petition, to the state directly, in a peaceful manner, is to be a guaranteed constitutional right, and within, the right to protest, peacefully or otherwise, is to not be declared or granted.
ARTICLE V - All constitutional rights declared under these here basic rights are to apply thereof to all genders of the fine citizens of the state.
ARTICLE VI - No just enforcement or provision shall be made on the right to liberty.
ARTICLE VII - The fair courts of the state are to define further, and enforce, the provisions of Section 1 as such.
ARTICLE VIII - Neither slavery nor free labor shall exist within the jurisdiction of the empire, excluding volunteer work subject to the approval of the state. Prison labor shall heretofore be subject to the regulation of the state, and free prison labor shall be prohibited.
ARTICLE IX - Imprisonment for debt of any form, except for debt owed to the state or public service including delinquent taxes, shall not be permitted within the empire.
ARTICLE X - No unusual punishment shall be inflicted on any persons for any crime committed within the borders of the empire.
Section II. Supremacy To Legislation
ARTICLE XI - These fine basic rights shall be declared supreme to any other article of legislation, and cannot be overridden except by governmental intervention.
ARTICLE XII - These fine basic rights may be suspended against an individual for reasons of martial law, high crimes or Emperor's Order. High crimes are hereby declared as crimes of terrorism, sedition, genocide, murder of a government official, etc. as such declared by the state.
ARTICLE XIII - Any article of these fine basic rights may be overridden for orders, legislation or any other actions taken by the state should it find that the portions being overridden pose an undue hardship on governmental or legislative affairs, or in addition, personal or public affairs.
Section III. Citizenship
ARTICLE XIV - An individual born unto the state, to a citizen of the state at the time of birth, on the soil of the state, is to be fully and without undue hardship, guaranteed citizenship under these fine basic rights. The citizenship shall not be revoked, with citizenship being a constitutional right, unless they are to relinquish their citizenship either by force or through violating statute. This article shall not be overridden by Article XIII.
ARTICLE XV - Fingerprinting, blood tests, retina scans, etc. are required of all citizens and of foreigners wishing to become citizens. Citizens must satisfy this here article from birth, should satisfying somehow not happen under these here basic rights, citizenship may be revoked by the state, including for Article XIV entitlements.
ARTICLE XVI - No diplomat may hereby gain citizenship under these basic rights, only hereby being a foreigner until such time that they're no longer a diplomat, only then may they gain citizenship in our fair nation.
ARTICLE XVII - No foreigner wishing to become a citizen may be an internationally wanted criminal or be charged with any crimes under our laws and government beforehand.
ARTICLE XVIII - Should an individual not satisfy Article XIV, no matter if they hold a claim to citizenship, deeming as well statute, their citizenship is not a constitutional right, and as such, may be revoked at any time by the state, as seen fit.
ARTICLE XIX - An individual of the state shall, for the reasons of the law, of private business and otherwise, be constitutionally considered a citizen after they reach the age of 18.
Section IV. Criminal Procedures & Rights
ARTICLE XX - Any persons arrested for a potential crime shall be here confined to imprisonment and only be walking for interrogation and court.
ARTICLE XXI - It shall be a constitutional right for a citizen of the state to receive, without undue hardship, free legal aid appointed such by a competent court of the state, should they not be able to pay for their own. Foreign nationals shall not claim this right, including permanent residents.
ARTICLE XXII - In all criminal prosecutions, the accused shall have the right to a speedy and hasty trial without undue hardship.
Section V. Judicial Establishment
ARTICLE XXIII - The Supreme Court of Makko Oko shall be the highest court of the land and shall be inviolable. No court of any territory subject to the jurisdiction of this document shall have any power above the Supreme Court.
ARTICLE XXIV - There shall be an Imperial District Court in every city, and at least one divisional Appellate Court of Appeals in every province.
ARTICLE XXV - The number of justices on the Supreme Court shall such be apportioned and established by the Monarch.
Section VI. Equality Protections
ARTICLE XXVI - No individual or private entity shall discriminate against an individual for their race, color, sex, ethnicity or disability. The state shall in addition, follow this provision, should it not cause an undue hardship or be of a negative benefit.
ARTICLE XXVII - Under these fair basic rights, all individuals are to receive equal protection before the law in relation to Article XXVI. It is to be a constitutional right. Limitations and exclusions may be created as seen fit, for example, to protect specifically women from a specific issue.
Section VII. Government Structure
ARTICLE XXVIII - The Government of Makko Oko shall be semi-unitary authoritarian, with provinces. The Monarch is to be the head of state and the head of government.
ARTICLE XXIX - The Monarch may not be removed by any government official or body, and may only be removed by the Privy Council pursuant to statute.
ARTICLE XXX - The Monarch may enact, revise and repeal laws and orders as seen fit.
ARTICLE XXXI - The judiciary, and any judges appointed thereof the empire, are to be prohibited from interpreting or ruling therefore on the structure of the government.
Section VIII. Emperor's Law Council
ARTICLE XXXII - A law suggestion body is to be in existence per this article within the Basic Rights referred to as the Emperor's Law Council. This body is to act in form of a parliament, except merely writing and approving laws and pieces of legislation to be suggested for enactment by the Emperor.
ARTICLE XXXIII - Legislative codes may further declare limitations, powers and duties of the Emperor's Law Council.
ARTICLE XXXIV - The Emperor's Law Council is to have no formal power or authority, other than as designated under these here Basic Rights and under legislative codes. They may not suspend the Constitution, declare martial law, etc. as that power is solely within the Monarch's control under Article XXX.
ARTICLE XXXV - The Emperor's Law Council shall be made up of authorized government appointments from every government agency, as authorized by the Monarch, who can and do, pass background and security checks and investigations, along with having proof of allegiance to the state. No external non-government individual may be in the council unless the Monarch approves such an appointment personally.
ARTICLE XXXVI - All judges belonging to the state's judicial system shall enjoy the right to accept or deny a membership within the Emperor's Law Council for the duration of their tenure. The state may override this as they see fit.
ARTICLE XXXVII - The Minister Of Justice is to be the President of the Emperor's Law Council and is to preside and control all meetings as such. The state may conduct fill-ins on an as-needed basis.
ARTICLE XXXVIII - The Monarch's decision on voted legislation is final and may not be appealed or changed, except by the Monarch themselves.
ARTCLE XXXIX - All appointments and members to the Emperor's Law Council are to be lifetime in duration, until that members' retirement or removal by the Monarch. Article XXXVI is an exception to this policy, and their appointment duration is to be for the span of their tenure as a judge, until retirement or until removal by the Monarch.
Section IX. National Sovereignty
ARTICLE XL - The state under these here fine basic rights are to not violate the national sovereignty of the nation, or of its people. This includes enforcing foreign law, integrating oneself into another government, etc.
ARTICLE XLI - The Emperor, nor any other official, are to infringe upon the integrity of the laws of the Empire.
ARTICLE XLIII - Section IX is irrevocable and may never be suspended or exempted, in contradiction with Article XIII.
Section X. State Religion
ARTICLE XLIV - It shall be fairly declared under these basic rights that the religion of the state, and therefore of the nation, is to be Christianity.
ARTICLE XLV - No individual or entity, government or not, public or private, shall infringe upon the states' religion.
ARTICLE XLVI - No religion other than the states' is to be willfully or dutifully authorized for practice or establishment within the nation. This article shall interpret itself to be a denial of the freedom of religion, and the declaration or granting of it, is to not be allowed.
ARTICLE XLVII - The administration of the states' religion shall heretofore be delegated to the whole of the government, with supreme religious authority vested to the Supreme Leader.
ARTICLE XLVIII - The authority of the Supreme Leader shalt not be construed to be of law-making or law enforcement ability, unless statute defines as such. Their authority is to be the leader of the religion, and to prescribe rules in coordination with the Monarch, but no more, no less.
Section XI. Amendments Of The Constitution
ARTICLE XLIX - These basic rights shall only be amended with a two-third majority approval of the House of Assembly with the blessing of the Monarch. The Law Council shall such have the guaranteed right to launch amendments as they deem fit.
ARTICLE L - These basic rights may be amended through a referendum of the people shall it be approved by the Monarch. If it is approved or ordered so, then Article XLIX will be considered invalid for the duration of the referendum and a vote must be held on each part of the amendment separately.
ARTICLE LI - These basic rights may be amended by the Privy Council of Makko Oko shall the Monarch so request a hearing and vote on the matter. The Privy Council shall have the unilateral authority to amend the Constitution as they deem fit, and may override a vote of the Monarch on an amendment heard through this article.
Section XII. Rights Of The Administrative Governments
ARTICLE LII - As defined here, the Emperor shall have the full authority to establish administrative governments belonging to the Empire.
ARTICLE LIII - An administrative government shall dutifully enforce the provisions of this constitution, and abide by it in any laws or orders promulgated.
ARTICLE LIV - Administrative governments shall have the authority to regulate their own defined boundaries, fully and without undue hardship, in coordination with their local constitution, national laws and these here basic rights.
ARTICLE LV - Any taxes to be collected by the national government are to be rightfully enforced and collected by all administrative governments, in addition to the administrative governments' own taxes.
Section XIII. Executive Sovereignty
ARTICLE LVI - The judiciary, including the Supreme Court of Makko Oko, shall have a limited authority of judicial review on any statutes, orders, directives etc. that the government so ratifies.
ARTICLE LVII - The judiciary shall not be able to invalidate or strike down any national statute should the Monarch not approve such actions. The judiciary shall be able to invalidate or strike down any provincially-ratified statute without any override or authorization of the Monarch.
ARTICLE LVIII - The judiciary shall be able to invalidate or strike down any order, directive or any action not directly ratified as new law without any override or authorization of the Monarch.
ARTICLE LIX - The Monarch, and therefore the executive branch, shall such be supreme to every other branch in authority, jurisdiction etc. per these basic rights.
