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The '''constitution of Montecara''' is a mixture of written and unwritten elements that together make up an {{wp|uncodified constitution}}. The constitution draws from two domains: law and custom. Montecaran laws are the written component of the city-state's constitution, and include public, private, and international laws where they apply to [[Montecara]]. Custom includes the legal and political traditions that form the foundation of the Montecaran state, many of which date back to the [[Latin Republic]]. 
{{Infobox constitution
| document_name        = Constitution of Montecara
| image                =
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| jurisdiction        =
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| date_created        =
| date_presented      =
| date_ratified        = {{date|1936-06-11}}
| date_effective      = {{date|1936-07-09}}
| system              = {{wp|Directorial system|Directorial republic}}<br>{{wp|Direct democracy}}
| branches            =
| chambers            = [[Senate (Montecara)|Senate]] and [[Popular Assembly (Montecara)|Popular Assembly]]
| executive            = [[College of State (Montecara)|College of State]]
| courts              =
| federalism          =
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}}


== History ==
The '''Constitution of the Montecaran Republic''' ([[Montecaran language|Montecaran]]: ''Costituxòn da Repùblica Montecarà'') establishes the basic form of government of [[Montecara]]. It was ratified by {{wp|plebiscite}} on 11 June 1936 and came into effect on 9 July 1936.  
Fundamental components of the Montecaran constitution include:
* [[Scarlet Bull]] of 1117 – Establishes the republican nature of the state
* [[Settlement of 1820]] – Abolishes the office of [[Doxe]], reforms the [[Senate (Montecara)|Senate]], and makes permanent and expands the powers of the [[Popular Assembly]]. The second part is a {{wp|bill of rights}} for Montecaran citizens.  
* [[Treaty of the Esquarian Community]] of 1990 – Admitted Montecara to the [[Esquarian Community]], thus committing to the supremacy of Esquarian over national law
* [[Esquarian Charter of Human Rights]] of 2016 – Establishes basic rights as part of codified international law


== Constitutional principles ==
== Contents ==
=== Sources ===
The constitution consists of two main parts: the Statute of Rights (''Statùt dei drìti'') and the Statute of Government (''Statùt di govèrno''). Separate from the main document is a brief Instrument of Ratification certifying that the constitution was legally ratified by plebiscite.  
Montecara's form of government draws its legitimacy ultimately from the laws and customs of the [[Latin Republic]], while incorporating changes and developments that have occurred over the past two millennia.  


=== Popular sovereignty ===
The Statute of Rights is Montecara's national {{wp|bill of rights}} and enumerates a variety of civil and political rights.
The fundamental basis of the Montecaran constitution is the concept of the city-state, the {{wp|Polis|''polis''}}, as the foundation of the {{wp|body politic}}. This implies the independence of the city as well as the right of its citizens to make laws through {{wp|direct democracy}}. As a {{wp|republic}}, Montecara's sovereign is its citizenry, who are the collective {{wp|head of state}}. The laws that citizens make in their sovereign capacity to do so are by definition constitutional, so they may not be challenged in substance by any court of law.
 
=== Rule of law ===
The basis of all political and judicial legitimacy in Montecara is written law, to which all citizens are equally subject. Rule by whim and punishment without a basis in written law ({{wp|nulla poena sine lege}}) are impermissible.
 
=== Diffusion of power ===
In order to keep power widely diffused, the state executive uses a {{wp|directorial system}} so that no single person is empowered as "head of government." The entire [[Colegio]] is jointly in charge of the executive, and all decisions must be ratified by the entire body acting in unison. Internal disagreements are not made public.
 
[[Communes of Montecara|Communal government]] is also designed around the concept of power-sharing, with all local government decisions made by open meetings of citizens.
 
=== Sortition ===
An extension of this deep-rooted commitment to civic republicanism is the idea that public service is a duty to be performed by all when called upon, so {{wp|sortition}} is used to select many public officials and {{wp|lay judges}} who are responsible for administering civil affairs and justice.  
 
=== Constitutional conventions ===
Certain concepts, while not enshrined in law, are nonetheless considered to carry constitutional weight given their importance to Montecara's system of government. These include {{wp|cabinet collective responsibility}} by the Colegio, which means that all members of the Colegio publicly agree to its decisions and debate only in private, and respect for {{wp|judicial independence}} despite the fact that ultimate sovereignty is held by the people.
 
== Institutions ==
The [[Popular Assembly]] was a traditional body in the [[Latin Republic]] that was called on an {{wp|ad hoc|ad-hoc}} basis as an alternative or adjunct to the normal legislative procedure. It was used sporadically in Montecara until it was made a permanent and standing part of the legislature after the [[Liberal Revolution]].
 
The [[Colegio]] is a committee of the Popular Assembly that functions as an executive cabinet. Decisions are made collectively in keeping with the directorial system.
 
The [[Senate (Montecara)|Senate]] traces its lineage and authority back to the original [[Senate of the Latin Republic]]. It forms part of the legislature and must pass all proposed legislation before it is voted on by the Popular Assembly. It also functions as the court of final appeal for administrative law.
 
Montecara's judiciary is based on civil law, and statutes are codified in a corpus that consists of four parts:
* [[Corpo penàl]], criminal statutes
* [[Corpo civìl]], civil statutes
* [[Corpo maritìma]], maritime statutes
* [[Corpo militàr]], military statutes


{{Template:Montecara topics}}
{{Template:Montecara topics}}
[[Category:Montecara]]
[[Category:Montecara]]
[[Category:Law (Kylaris)]]

Latest revision as of 23:03, 6 January 2023

Constitution of Montecara
Ratified11 June 1936
Date effective9 July 1936
SystemDirectorial republic
Direct democracy
ChambersSenate and Popular Assembly
ExecutiveCollege of State

The Constitution of the Montecaran Republic (Montecaran: Costituxòn da Repùblica Montecarà) establishes the basic form of government of Montecara. It was ratified by plebiscite on 11 June 1936 and came into effect on 9 July 1936.

Contents

The constitution consists of two main parts: the Statute of Rights (Statùt dei drìti) and the Statute of Government (Statùt di govèrno). Separate from the main document is a brief Instrument of Ratification certifying that the constitution was legally ratified by plebiscite.

The Statute of Rights is Montecara's national bill of rights and enumerates a variety of civil and political rights.

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