Latest revision as of 18:47, 5 March 2019

The Constitution of the Beastling States of Crystal Spires is the supreme law of Crystal Spires. The first four titles of the Constitution establish the rules and separate powers of the three branches of the federal government: a legislature, the unicameral council; an executive branch led by the High Chancellor; and a federal judiciary headed by the Tribunal. The last two titles frame the principle of federalism.

The Constitution was adopted on August 23, 1986, by the Constitutional Convention in Vehir, Mevalia, and ratified by conventions in eight Chancelleries. It went into effect on August 23, 1987. The first ten constitutional amendments ratified by three-fourths of the states in 1987 are known as the Bill of Protected Rights. The Constitution has been amended additional times and its principles are applied in courts of law by judicial review.

The Constitution guides Spirean society in law and political culture. Recent impulses for reform center on concerns for extending democracy and balancing the budget.

The First Republican Convention

	The Beastling States of Crystal Spires
	This article is part of the series:; Federal Constitution of 23 August 1986
Text of the Constitution
Preamble and Title 1; General Provisions
Title 2; Fundamental Rights, Civil Rights and Social Goals
Title 3; The High Council
Title 4; Federal Authorities
Title 5; Protectorate, Chancelleries, and Municipalities
Title 6; Local Councils and Amendments

First Republican Convention gathered in Fordur and The Grievances against King Firion Rɛgɑrberl II and his Council of Nobles were compiled and the Nobility Dissolutionary Union was the first constitution of the Beastling States of Crystal Spires. The problem with the Spirean government before the Nobility Dissolutionary Union was, no money. Imperial Councils could print money, but by 1970, the money was useless. Councils could borrow money, but could not pay it back. No Chancellery paid all of their taxes; Mevalia could afford to pay nothing. Some few paid an amount equal to interest on the national debt owed to their citizens, but no more. No interest was paid on debt owed foreign governments. By 1986, the Spireans would default on the dates the principal came due.

D'hɑlbrisir could not defend itself as an independent nation in the world of 1986. Most of the troops in the 100,000 man Imperial Army were overwhelmed with having had the majority of their number killed from having been deployed facing forts on Altean soil. The troops had not been paid; some were deserting and the remainder threatened mutiny, leaving the Imperial Fold instead to the Church which was still able to uphold most of its obligation to templars. The Templars Loyal to the King were the Order of Idealists, and the Newer movement favored the Republican Revolution. Siren's Call began seizing Spirean commercial ships and enslaved them. The Treasury had no funds to pay the pirates' extortion demands, they then sold many of the Spireans to Altea and various areas throughout Mystria. The Council had no more credit if another military crisis had required action.

The Chancelleries were proving inadequate to the requirements of sovereignty in a confederation. In Mephiste there was the Goldfell Rebellion, in which the Imperial Council had no money to support a constituent Chancellery, nor could Mephiste pay for its own internal defense. General Normis Hatveld raised funds among merchants and traders on his own to pay for a fully volunteer army from Orderites which slowly became standard. During the upcoming Convention, Selanie Hartwood angrily questioned whether the Imperial Family even had a government. Kronas paid nothing and refused to pay assessments for two years. A rumor had it that a "seditious party" of Irianulian Councillors had opened communication with the Ealdurimites. To the south, the Imperials were said to be funding the Nayali extermination raids; Ohm was fortified, the Chancellery of Mevalia was forcibly put under martial law.

The Constitutional Convention

On February 15, 1986, A Second Republican Convention was held with the the Northern Chancelleries and with the Nobility Dissolutionary Union to be revised and the proposed revisions to the documents. The Council called a convention of Chancellery Representatives to Vehir to propose a new step for moving away from the Imperial Councils and they needed to come up with a new plan for a working government. Unlike earlier attempts, the convention was not meant for new laws or piecemeal alterations, but for the expressed purpose of founding a new form of government altogether. The convention was not limited to commerce; rather, it was intended to create a constitution functional to the exigencies of government and dedicated to the preservation of Beastling States and her peoples. The proposal might take effect when approved by the newly formed Independent Council and the Chancelleries.

On the appointed day, only the Kronasian and Mevalian delegations were present. A quorum of seven Chancelleries met a month later in March 15th, Eventually Nine Chancelleries were represented; 74 Councilmen were named, 55 attended and 39 signed. The delegates arrived with backgrounds in local and Chancellery government and Council. They were judges and merchants, war veterans and revolutionary patriots, native-born and immigrants, establishment Southerners and Wild Northern Riders. The participating delegates are honored as the Constitution’s "Framers".

Signing the Constitution, 'unanimous' by delegation. Eleven Chancelleries ratified to begin in 1986, unanimously by 1987. The Constitutional Conventions began deliberations on May 25, 1986. The delegates were generally convinced that an effective central government with a wide range of enforceable powers must replace the weaker Council established by the Imperial Government. The high quality of the delegates to the convention was remarkable. As outflow of Ideas poured in plans consolidated a national government, generally favoring the big population Chancelleries. It used the philosophy of Sirus Mythor to rely on consent of the governed and Egalitarianism, Urik Falron for divided government, and Selanie Hartwood emphasizing civil liberties. Gaius Helrod favored allowing for minority Chancelleries to have more influence using the philosophy of Serionite Open Discourse. These discussions continued until June 13, when the Mephistean resolutions in amended form were reported out of committee.

All agreed to a republican form of government grounded in representing the people in the Chancelleries. For the legislature, two issues were to be decided, (1) how the votes were to be allocated among the Chancelleries in the Council, and (2) how the representatives should be elected. The question was settled by a compromise by Helrod and Mythor called 'Marked Brotherhood. In the Council, power was to be based on population and the people would vote. In the Local Councils, power were to be based on local legislature elections. The Great Compromise ended the stalemate between “patriots” and “nationalists”, leading to numerous other compromises in a spirit of accommodation. There were sectional interests to be balanced by the two-thirds compromise;on the Powers, Term length, and method of selection; jurisdiction of the federal judiciary, and Councillor Powers. Debates on the Rights and Protections and structure of resolutions continued. The 15 original resolutions had been expanded into 32.

On July 24, a committee of Seven Selanie Hartwood (Luminas), Sirus Mythor (Kronas), Gaius Helrod (Mulier), Eagan Falbrok (Mevalia), Vane Vortos (Bael), Luveni Restor (Kanus), and Milaya Heruvin (Lukan) were elected to draft a detailed constitution. The Convention adjourned from July 26 to August 6 to await the report of this "Committee of Detail". Overall, the report of the committee conformed to the resolutions adopted by the Convention, adding some elements.

From August 6 to September 10, the report of the committee of detail was discussed, section-by-section, and clause-by-clause. Details were attended to, further compromises were effected. Toward the close of these discussions, on September 8, a "Committee of Style" of five were appointed. Their final version was taken up on Monday, September 17, at the Convention's final session. Several of the delegates were disappointed in the result, a makeshift series of unfortunate compromises. Some delegates left before the ceremony, two remaining refused to sign.

The advocates of the Constitution were anxious to obtain the unanimous support of all Twelve Chancelleries represented in Convention. Their agreed to formula was, “Done by Council, with the unanimous consent of the Chancelleries present.” The Constitution was forwarded to the Chancelleries by Council recommending the ratification process outlined in the Constitution. Each Chancellery legislature was to call elections for a “Federal Convention” to ratify the Constitution. They expanded the franchise beyond the Constitutional requirement to more nearly embrace “the people”. Eleven of the thirteen ratified to begin, all thirteen unanimously did so a year later. The Articles officially recognized thirteen Chancelleries beginning the new government, and called the Chancelleries to hold elections to begin the operation. It then dissolved itself on that date, the day the first session of the First Council Session began September 29, 1987 and Selanie Hartwood was inaugurated as President two months later.

Original Constitution

Title One and the Preamble

The Preamble sets out the origin, scope and purpose of the Constitution. Its origin and authority is in “We, the unified population of D'hɑlbrisir”. One people dissolved their separation from one another in caste, and assumed among the powers of the earth, a sovereign nation-state. The scope of the Constitution is twofold. First, to right the wrongs of the Empire's caste system. Second, to secure the blessings of liberty and equality, which were to be enjoyed by not only the nobility, the first generation, but to all.

The preamble highlights the crimes of the nobility and principles of social contract in democratic philosophy. It details how the Council is to be carried out between the national government and the people. The people are to be provided (a) justice, (b) civil peace, (c) common defense, (d) those things of a general welfare that they could not provide themselves, and (e) freedom.(f) A government of peers.

Title Two The Spirean Bill of Protected Rights

Bill Of Rights

We, the High Council for the promotion of good and the common welfare thereby affirm the following Rights to foster the :spread of loving-kindness, compassion, and above all else fairness.

Official Charter of Protected Rights:

I. All reasoned beings are born free and equal in dignity and rights.They are endowed with reason and conscience and should :act kindly towards one another in a spirit of goodness.

II. Everyone is entitled to all the rights and freedoms set forth in this Charter, without distinction of any kind, such as :race, color, sex, language, religion, political or other opinion, national or social origin, property, birth, blood type, :or any other status. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the Nation State to which a person belongs, whether it be independent, trust, non-self-governing or :under any other limitation of sovereignty.

III. Everyone has the right to life, liberty, and security of person. Violating Habeas Corpus is forbidden.

IV. No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms.

V. No one shall be subjected to torture or to cruel, unusual, inhumane or degrading treatment or punishment.

VI. Everyone has the right to recognition everywhere as a person before the law.

VII. All are equal before the law and are entitled without any discrimination to equal protection of the law. All are :entitled to equal protection against any discrimination in violation of this Charter and against any incitement to such calls for discrimination.

VIII. Everyone has the right to an effective remedy by the Council for acts violating the fundamental rights granted him by :the Charter and by International Law addressable in the World Assembly.

IX. No one shall be subjected to arbitrary arrest, detention, or exile.

X. Everyone is entitled in full equality to a fair and public hearing by the Council and World Assembly, in the :determination of his rights and obligations and of any criminal charge against him.

XI Everyone charged with an offence has the right to be presumed innocent until proved guilty according to law in an :official trial held by the Council at which he has had all the guarantees necessary for his defense, and no one shall be :held guilty of any offence on account of any act or omission which did not constitute an offence, under Charter law or :international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the offence was committed.

XII. No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks :upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.

XIII. Everyone has the right to freedom of movement and residence within the borders of each state, Everyone has the right :to leave any country, including his own, and to return to his country. (In order to protect the rights of refugees)

XIV. Everyone has the right to seek and to enjoy in other countries asylum free from persecution. This right may not be :invoked in the case of prosecutions genuinely arising from non-political crimes or from acts contrary to the purposes and principles of the Council. (Such as Criminal activity as defined within the Charter)

XV. Everyone has the right to a nationality. No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality.

XVI. A consenting couple both of full age, without any limitation due to race, nationality, gender, or religion, have the :right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its :dissolution, and Marriage shall be entered into only with the free and full consent of the intending spouses. The family is :the natural and fundamental group unit of society and is entitled to protection by society and the State, no matter what what kind of structure the unit the family may take.

XVII. Everyone has the right to own property alone as well as in association with others. No one shall be arbitrarily :deprived of his property.

XVIII. Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his :religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his :religion or belief in teaching, practice, worship and observance.

XIX. Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without :interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.

XX. Everyone has the right to freedom of peaceful assembly and association. No one may be compelled to belong to an :association.

XXI. Everyone has the right to take part in the government of his nation, directly or indirectly. Everyone has the right of :equal access to public service in his country.

XXII. Everyone, as a member of society, has the right to social security and is entitled to realization, through national :effort and international co-operation and in accordance with the organization and resources of each State, of the economic, :social and cultural rights indispensable for his dignity and the free development of his person.

XXIV. Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to :protection against unemployment. Everyone, without any discrimination, has the right to equal pay for equal work. Everyone :who works has the right to just and favourable remuneration ensuring for himself and his family an existence worthy of :dignity, and supplemented, if necessary, by other means of social protection. Everyone has the right to form and to join trade unions for the protection of his economic interests.

XXV. Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays :with pay.

XXVI. Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, :including food, clothing, housing and medical care and necessary social services, and the right to security in the event of :unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control. :Pregnant people, and children are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection.

XXVII. Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. :Elementary education shall be compulsory to allow for the flourishing of a young mind. Technical and professional education :shall be made generally available and higher education shall be equally accessible to all on the basis of merit. Education :shall be directed to the full development of the human personality and to the strengthening of respect for human rights and :fundamental freedoms. It shall promote understanding, tolerance and friendship among all nations, racial or religious :groups, and shall further the activities of the international community for the maintenance of peace. Parents have a prior right to choose the kind of education that shall be given to their children.

XXVIII. Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share :in scientific advancement and its benefits. Everyone has the right to the protection of the moral and material interests :resulting from any scientific, literary or artistic production of which he is the author.

XXIX.Everyone is entitled to a social and international order in which the rights and freedoms set forth in this Charter :can be fully realized.

XXX. Everyone has duties to the community in which alone the free and full development of his personality is possible. In :the exercise of his rights and freedoms, everyone shall be subject only to such limitations as are determined by law solely :for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just :requirements of morality, public order and the general welfare in a democratic society. These rights and freedoms may in no case be exercised contrary to the purposes and principles detailed in the Charter.

XXXI. Nothing in this Declaration may be interpreted as implying for any State, group or person any right to engage in any :activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth herein.

XXXII. Amendments to the Charter are to be set forth with a vote of 2/3 majority.

Title Three The High Council

Section One: The Body of the High Council

The First Section Defines the Makeup of the High Council, including the eligibility of becoming the High Chancellor and the rights and responsibilities of the Chancellor and High Chancellor. It also details the rights and responsibilities of the Councilman, and the rights and responsibilities of the Ministry, and of the Spirean Citizen.