Constitution of Imagua and the Assimas

The Constitution of Imagua and the Assimas (Etrurian: Costituzione di Imagua e Assime) is the governing document of Imagua and the Assimas. Adopted in 1937, it effectively made Imagua an "equal partner" with Estmere.

Since its promulgation, it has been amended a total of seven times, due to factors such as the annexation of the Assimas Islands from Etruria after the Solarian War in 1947, Imagua and the Assimas obtaining its independence from Estmere in 1948, the adoption of a parliamentary republic in 1949, the recognition of Cuanstad as a parish in 1961, education rights in both languages in 1965, lowering of the voting age in 1967, and recognizing the autonomy of the Assimas Parish in 1997.

Constitution

Preamble

For generations, this island discovered by Assim Asteris had been under the yoke of Euclean rule.
For generations, we have suffered mightily as our people suffered for the benefit of elites in the distant Euclean cities.
Yet, we remained loyal, both to the Almighty Lord, and to our colonial masters in Morwall.
Yet, we remained confident in the dream that this island will one day become a master of our own destiny.
Now, with the promulgation of this constitution, we shall be equal partners with Estmere, with the same internal powers as Estmere.

Chapter 1: Governance

Article 1: Presidency

• §1 The President of Imagua and the Assimas shall function as the head of state
• §2 His duties are to:
  • §2a Grant assent to new legislation passed by the Parliament of Imagua and the Assimas, or to veto legislation if necesssary
  • §2b Appoint ambassadors and justices based on qualified applicants whenever a vacancy arises
  • §2c Appoint members to the Senate
  • §2d To serve as commander-in-chief
• §3 All of these powers may only be exercised after having consulted with the Prime Minister, who shall function as the head of government
• §4 The President must be elected every four years by all citizens who are eighteen (18) years or older

Article 2: Parliament

• §1 The legislative assembly of the Republic of Imagua and the Assimas shall be the Parliament of Imagua and the Assimas
• §2 Parliament shall be divided into two houses:
  • §2a The Senate, which shall comprise of sixty (60) members, who shall serve for life
  • §2b The Lesser House, which shall comprise of seventy (70) members, who shall be elected at least every four years by all citizens eighteen (18) years or older, pursuant to the second section of the third article of the second chapter of this document
• §3 Parliament shall be empowered to pass legislation, provided it does not conflict with the constitution
  • §3a As a corollary, Parliament is empowered to institute any rules that are necessary for its smooth operation
• §4 Both chambers must meet at least once every twelve (12) months

Article 3: Judiciary

• §1 The Republic of Imagua and the Assimas shall use the common legal system
  • §1a All laws passed prior to the promulgation of this constitution shall remain in effect until repealed
• §2 The court system shall be divided as such:
  • §2a Magistrates' courts, empowered to hear cases involving summary offences, or any instance of juvenile delinquency
  • §2b Parish courts, empowered to hear cases involving civil and family law
  • §2c Courts of the Assizes, empowered to hear cases involving indictable offences, and appeals from both the magistrates' courts and the district courts
  • §2d High Court, empowered to hear appeals from the Assizes
  • §2e Military courts, empowered to hear cases committed in the police, regardless of whether it is a summary or indictable offence
  • §2f Administrative courts, empowered to hear all administrative cases
  • §2g Court of Appeals, empowered to hear appeals from all lower courts
  • §2h Supreme Court of Imagua and the Assimas, the court of last resort, and hearing appeals from the Court of Appeals
    • i) The Supreme Court shall comprise of nine members, appointed by the President on the advice of the Prime Minister
    • ii) The Supreme Court shall be empowered to conduct judicial review in the event it is unclear that the law conflicts with the constitution

Article 4: Administrative divisions

• §1 The Republic of Imagua and the Assimas shall be divided into eight parishes
  • §1a Their names shall be Assimas, Cuanstad, Saint Christopher's, Saint Fiacre's, Saint Florian's, Saint Ellen's, Saint Hubert's, and Saint Isidore's
• §2 The borders may be changed with the approval of Parliament
• §3 The responsibilities of the parishes shall be those delegated by Parliament
  • §3a Due to the fact that Assimas is home to a majority of the Etrurian population, the Assimas shall be given the powers over education, welfare, and social development
• §4 The parish councils shall be elected every four (4) years by all citizens who are eighteen (18) years or older, pursuant to the second section of the third article of the second chapter of this document

Chapter 2: Rights and freedoms

Article 1: Languages

• §1 The official languages shall be the Estmerish language and the Etrurian language
  • §1a Their standards shall be defined as the varieties spoken in Morwall and in Poveglia respectively
• §2 All proceedings of Parliament must be translated into the other language, and that all members of Parliament have a right to use either official language
• §3 Nothing in this article shall prevent Parliament nor any parish government from recognizing a language as a minority language, and to provide certain services in these languages
• §4 All people shall have the right to receive any and all government services in these two languages, regardless of where they reside or receive them
  • §4a Children shall also have the right to be educated in their mother tongue: to this end, Etrurian-speaking parents have the right to have their children attend a school on Imagua whose main language of instruction is Etrurian, and Estmerish-speaking parents have the right to have their children attend a school on the Assimas whose main language of instruction is Estmerish

Article 2: Religion

• §1 The Republic of Imagua and the Assimas shall have no official religion: to this end, the government shall not interfere in the affairs of any religion, and the religion shall not interfere in the affairs of government

Article 3: Democratic rights

• §1 All citizens who are age of eighteen (18) years or older have the right to vote for members of the Lesser House, for their town councils, and for their parish councils
• §2 The only crimes which shall disqualify anyone from exercising these rights include treason against the state

Article 4: Legal rights

• §1 All people in the Republic have the right to life, liberty, and security
• §2 All people in the Republic shall have the right to be protected from unreasonable search and seizure
• §3 No person in the Republic may be detained arbitrarily
• §4 All people in the Republic shall have the right to legal counsel and to be guaranteed habeas corpus
• §5 All people in the Republic shall be presumed innocent until proven guilty in a court of law
• §6 All people in the Republic shall be protected from cruel and unusual punishment and from incriminating themselves
• §7 All people in the Republic shall be treated equally in a court of law

Article 5: Fundamental freedoms

• §1 All people in the Republic have the right to the freedoms of speech, of thought, and of expression
• §2 All people in the Republic shall have freedom of the press to report on pressing issues unmolested by government or by any private citizen
• §3 All people in the Republic shall have the right to engage in free association and assemble in public spaces
• §4 All persons have the right to own property, and to not have their property seized, unless duly compensated

Chapter 3: Amendments and limitations

Article 1: Amendments

• §1 Amendments to the constitution must first be proposed in Parliament of Imagua and the Assimas, regardless of chamber
• §2 All amendments must require a two-thirds (2/3rds) majority in both the Senate and the Lesser House
• §3 Should an amendment pass these chambers, the President has the discretion as to whether it would go into effect or not
  • §3a Should the President veto the amendment, both chambers will have to override the veto with a three-quarters (3/4ths) majority in each chamber
  • §3b Otherwise, the amendment shall go into effect immediately

Article 2: Limitation clause

• §1 In the event that passed legislation violates the constitution, and it is declared unconstitutional by the Supreme Court, it must review whether the legislation can still remain in effect
  • §1a Should any legislation that violates the constitution also violate any treaties between Imagua and any other entity concerning human rights, said legislation cannot remain in effect
• §2 The government has the duty to prove during the review that the benefits of the offending legislation outweigh any substantial risks
• §3 Should the Supreme Court accept the government's arguments, the legislation will stay in effect, even if it is declared unconstitutional

Article 3: State of emergency

• §1 In the event of an insurrection, a foreign invasion, or a severe natural disaster, the government has the power to declare a state of emergency for the whole country, or parts of a country
  • §1a Every 180 days, Parliament must meet to renew the state of emergency: if a simple majority accepts, then it shall be renewed as many times as necessary for the restoration of law and order, after approval from the Supreme Court for any extension to the state of emergency
• §2 During a state of emergency, the government has the power to suspend any part of the constitution for the duration of the event, and to implement martial law
  • §2a All persons detained during martial law must, at minimum, be detained in conditions that do not degrade their human rights

Chapter 4: Technical details

Article 1: Citation

• §1 This constitution may be cited as Constitution of Imagua and the Assimas, 1937

Article 2: Language

• §1 This constitution shall be valid in any official language
• §2 In the event of a dispute arising due to the translations, the Estmerish version is to take priority over the Etrurian version

Amendments

First Amendment (January 1947)

In light of the liberation of the Assimas Islands from Etrurian rule, to ensure the effective integration of the population, we shall:

• §1 Alter any and all references of Imagua in this constitution to Imagua and the Assimas
• §2 Amend the first subsection of the first section of the fourth article of the first chapter of this constitution to include the Assimas as a parish
• §3 Amend the first article of the second chapter of this constitution to include Etrurian as a co-official language alongside Estmerish
  • §3a Adds sections 2 and 3 to the aforementioned article
• §4 Amends the fourth chapter of this constitution to add the second article, which shall ensure this constitution is to be applied in either official language
  • §4a Declare that "in the event of a dispute arising due to the translations, the Estmerish version is to take priority over the Etrurian version"
• §5 Extend the principle of common law and our educational system onto the Assimas
• §6 Declares that all current laws shall be extended to the Assimas

Second Amendment (March 1948)

After having dutifully served alongside our mother country in the Solarian War against Etrurian expansionism
Having endured huge sacrifices during the war, the governments of Estmere and Imagua and the Assimas declare that:

• §1 Effective 23 April, 1948, Imagua and the Assimas shall be a fully sovereign state
• §2 This constitution shall be amended, so that the Imaguan presidency will be a separate position from the Estmerish presidency
  • §2a The role of the Governor-General shall be abolished on that date
  • §2b The incumbent Governor-General of Imagua and the Assimas shall assume office on 23 April, 1948, as President for a four year term
• §3 The Estmerish Parliament shall no longer have any powers to legislate on behalf of Imagua and the Assimas, even if requested

Third Amendment (June 1949)

With our newfound independence from Estmere, the people of Imagua and the Assimas wish to be able to elect their President directly.
To these ends, we declare that:

• §1 A fourth article be inserted into the first article of the first chapter of this constitution, which guarantees that all persons who over the age of twenty-one (21) years shall be eligible to vote
• §3 This amendment shall not affect the completion of the incumbent President's term

Fourth Amendment (August 1961)

With the growing population of the capital, it is no longer acceptable for Cuanstad to dominate the affairs of Saint Ellen's Parish
Wishing to ensure that the interests of the people in the rest of the Parish are well-represented, while ensuring that the capital maintains a say in its own affairs, we declare that:

• §1 The first subsection of the first section of the fourth article of the first chapter of this constitution shall be altered so to recognize Cuanstad as a parish
  • §1a The borders shall be defined as the current city limits of Cuanstad, with the understanding that Parliament may alter the borders to reflect the influence of the city

Fifth Amendment (July 1965)

With increasing migration between Imagua and the Assimas, more and more people find themselves unable to receive services in their native language at government offices,
Concerned that their children will be unable to be taught in their mother tongue because of these policies,
Therefore, we declare that:

• §1 Amends the first article of the second chapter of this constitution to add section 4 to ensure that all persons may receive governmental services in either official language regardless of where on the islands they are at
• §2 Adds a subsection to section 4 of the aforementioned article to guarantee that children shall be educated in their mother tongue

Sixth Amendment (May 1967)

Over the past two decades, it has become clear that the current voting age has become obsolete, with the fact people may join the Constabulary at the age of eighteen (18) years. Therefore, we declare that:

• §1 The voting age shall be lowered to eighteen (18) years of age
• §2 All references to twenty-one (21) years of age in the entire constitution with regard to elections shall be replaced with eighteen (18) years of age

Seventh Amendment (August 1997)

For nearly three decades, the Assimas have been granted autonomy under the Assimas Autonomy Act of 1969
Concerned that the previous government sought to repeal said act and incorporate the Assimas an ordinary parish
Fearful that such an act would lead to civil war, and to prevent a repeat of this incident, we declare that:

• §1 Subsection a be added to the third section of the fourth article of the first chapter, to recognize that the parish government of the Assimas has powers over education, welfare, and social development