Constitution: Difference between revisions
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===Article V. Emperor and ministers=== | ===Article V. Emperor and ministers=== | ||
46. The government consists of the Emperor and ministers. | '''46'''. The government consists of the Emperor and ministers. | ||
46.1. The ministers, not the Emperor, are responsible for the activities of the government. | 46.1. The ministers, not the Emperor, are responsible for the activities of the government. | ||
47. The Prime Minister and other ministers are appointed and dismissed by decree of the Emperor. | '''47'''. The Prime Minister and other ministers are appointed and dismissed by decree of the Emperor. | ||
48. Ministries are established by decree of the Emperor. They are headed by ministers. | '''48'''. Ministries are established by decree of the Emperor. They are headed by ministers. | ||
48.1. Ministers without portfolio may be appointed. | 48.1. Ministers without portfolio may be appointed. | ||
49. Ministers form the Council of Ministers. | '''49'''. Ministers form the Council of Ministers. | ||
49.1. The Prime Minister heads the Council of Ministers. | 49.1. The Prime Minister heads the Council of Ministers. | ||
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49.2. The Council of Ministers considers and makes decisions on the general policy of the government and assistance to its activities. | 49.2. The Council of Ministers considers and makes decisions on the general policy of the government and assistance to its activities. | ||
50. Secretaries of State are appointed and dismissed by decree of the Emperor. | '''50'''. Secretaries of State are appointed and dismissed by decree of the Emperor. | ||
50.1. The Secretary of State may exercise the powers of the Minister in the absence of the Minister, as well as in cases where the Minister considers it necessary; The secretary of state must follow the instructions of the minister in these cases, and the secretary of state is responsible along with the minister. | 50.1. The Secretary of State may exercise the powers of the Minister in the absence of the Minister, as well as in cases where the Minister considers it necessary; The secretary of state must follow the instructions of the minister in these cases, and the secretary of state is responsible along with the minister. | ||
51. All Acts of Parliament and Decrees of the Emperor are signed by the Emperor and one or more ministers or secretaries of state. | '''51'''. All Acts of Parliament and Decrees of the Emperor are signed by the Emperor and one or more ministers or secretaries of state. | ||
52. The Emperor's decree appointing the Prime Minister is countered by the Prime Minister. The Emperor's decrees on the appointment or dismissal of ministers and secretaries of state are countered by the Prime Minister. | '''52'''. The Emperor's decree appointing the Prime Minister is countered by the Prime Minister. The Emperor's decrees on the appointment or dismissal of ministers and secretaries of state are countered by the Prime Minister. | ||
53. On assuming office, ministers and secretaries of state take an oath or make a declaration before the Emperor in the form prescribed by an Act of Parliament that they have not taken any action that may prevent them from assuming office, that they will remain faithful to the Constitution and that they will faithfully fulfill the responsibilities assigned to them. | '''53'''. On assuming office, ministers and secretaries of state take an oath or make a declaration before the Emperor in the form prescribed by an Act of Parliament that they have not taken any action that may prevent them from assuming office, that they will remain faithful to the Constitution and that they will faithfully fulfill the responsibilities assigned to them. |
Revision as of 11:57, 29 March 2021
Text
THE CONSTITUTION OF THE EASTARLAND EMPIRE
ratified and proclaimed by the Eastarland Council of Ministers
on the 20th day of September, One thousand eight hundred and fifty-five
Preamble
His Majesty the King of Ōsallandet, His Majesty the King of Oldermark, His Majesty the King of Zudderhavn, His Royal Grace the Prince of Nedebrad, His Royal Highness the Grand Duke of Koberfjord and His Royal Highness the Grand Duke of Rjumark, we conclude an eternal alliance to protect the Union territory and the law applied throughout it, as well as to ensure the welfare of the Trondian people. This union will be called the Eastarland Empire (Ostligjorden Kejsarriket) and will have the following
Constitution.
Article I. General Provisions
1. The Eastarland Empire is a parliamentary constitutional and federal union of monarchy, created by the will of the Trondian people to unite the Eastarland lands, to protect and ensure rights and freedoms, to protect the sovereignty, freedom, identity and prosperity of the Trondian people and the Eastarland state.
2. The flag of Eastarland Empire shall be the canvas with an aspect ratio of 2: 3, divided horizontally into two equal sides (the upper part is blue, the lower part is gold). From right to left is the red and white Eastarland cross. At the intersection of the vertical and horizontal stripes of the cross is the coat of arms of the Farenburg dynasty.
3. The language of the Eastarland shall be the Trondic.
4. The motto of the Empire shall be "Lojalitet til Kronen og Fedrelandet", which in the Trondic means "Loyalty to the Crown and Fatherland".
5. The Union territory consists of states: Federal city Klausberg, Kingdom of Ōsallandet, Kingdom of Zudderhavn, Kingdom of Oldermark, Principality of Nedebrad, Principality of Ōienvikket, Grand Duchy of Egenland, Grand Duchy of Fōlstmark, Grand Duchy of Koberfjord, Grand Duchy of Paringien, Grand Duchy of Rjumark, Duchy of Dorhenhoff, Duchy of Dōnolag, Duchy of Kiraikjord, Duchy of Lōwien, Duchy of Maryland, Duchy of Rogenfoll, Duchy of Safeks, Duchy of Trynset.
a. Throughout this union territory, the Empire enjoys the right to legislate, applying to the content of this constitution, with such an effect that imperial laws take precedence over regional laws. Imperial laws are made binding by publication in the Lovgivningsark. If the published law does not specify a specific period from which it becomes binding, then the latter begins on the 14th day, counting from the day when the corresponding copy of the Lovgivningsark was issued in Klausberg.
Article II. Senate
6. The Senate of the Eastarland Empire is the upper house of the bicameral parliament (States General) of the Eastarland Empire. It consists of representatives of the states that make up the union, among which the votes are distributed in such a way that
Klausberg. . . . . . . . . . . 13
Ōsallandet . . . . . . . . . . 33
Oldermark . . . . . . . . . . 27
Zudderhavn. . . . . . . . . 30
Nedebrad. . . . . . . . . . . 17
Ōienvikket . . . . . . . . . . 19
Egenland . . . . . . . . . . . 16
Fōlstmark. . . . . . . . . . . 20
Koberfjord . . . . . . . . . . 19
Paringien . . . . . . . . . . . 14
Rjumark . . . . . . . . . . . . 14
Dorhenhoff. . . . . . . . . . 12
Dōnolag . . . . . . . . . . . . 11
Kiraikjord . . . . . . . . . . . 12
Lōwien. . . . . . . . . . . . . . 14
Maryland. . . . . . . . . . . . 13
Rogenfoll. . . . . . . . . . . . 14
Safeks. . . . . . . . . . . . . . . 23
Trynset. . . . . . . . . . . . . . 14
Lusivetset . . . . . . . . . . . 156.1. Each member of the union (each state) can present as many delegates to the Senate as it has votes, but all of its votes can only vote in one sense.
7. Senators are elected by indirect ballot for a four-year term by the members of the States Councils (Statersrad) of the Empire, every four years after elections to the States Councils.
8.Following elections to the Senate from the Member States of the Empire, appointed senators form senate parties with other senators.
9.The Senate decides:
a. On the proposals submitted to the Kejsarstag, and on the decisions taken by the latter.
b. About the administrative orders and instructions necessary for the implementation of imperial laws, since they are not directly defined by any imperial law.
c. About the shortcomings that appear in the execution of imperial laws, or in the above-mentioned prescriptions or instructions.
d. Each member of the union is authorized to make proposals and report them, and the president is obliged to subject them to discussion. The decision is made by a simple majority of votes.
e. Votes not presented or without instructions are not counted. In case of equality of votes, the vote of the president decides. When deciding on any subject that, according to the definitions of this constitution, is not common to the entire empire, only the votes of those allied states to which this subject concerns are considered.
10.Every member of the Senate has the right to appear in the Kejsarstag, and must be heard there, as soon as he wishes so, in order to express the views of his government in this way, even when they are not approved by the majority in the Senate.
10.1. No one can be a member of the Senate and the Kejsarstag at the same time.
11.The Emperor is responsible for the provision of diplomatic protection to the members of the Senate.
Article III. Kejsarstag
12. The Kejsarstag of the Eastarland Empire is the lower house of the bicameral parliament (States General) of the Eastarland Empire. The members of Kejsarstag are elected through nationwide direct elections with secret ballot and proportional system.
13. No dismissal is required for government officials to enter the Reichstag. When a member of the Kejsarstag assumes an imperial office with support, or in a union state receives a position with support, or in the imperial service, as well as in the service of a separate state, receives a new position associated with an increase in rank or content, then he loses his place and a vote in the Kejsarstag and can only get it again through a second election.
14. The debate in the Kejsarstag takes place in public. An account of the debate that takes place in public meetings of the Kejsarstag, in accordance with the truth, remains free from any responsibility.
15.The Kejsarstag has the right to propose laws within the imperial competence and to transmit petitions directed to it to the Senate and the Prime Minister.
16.The legislative period of the Kejsarstag lasts four years. The dissolution of the Reichstag during this period requires a decision of the Senate with the consent of the Emperor.
17. In the event of a dissolution of the Kejsarstag, voters must reconvene within a 60-day period after the dissolution, and the new Kejsarstag within a 90-day period thereafter.
18. Without the consent of the Kejsarstag, the adjournment of its meeting must not exceed 30 days and cannot be repeated in the same session.
19.The Kejsarstag reviews and approves the powers of its members. He regulates discipline through a bylaw and chooses his own president, vice president, and secretary.
20.The Kejsarstag decides by an absolute majority. For the validity of its decision, the presence of a majority of the legal number of members is required.
21. The members of the Kejsarstag are representatives of the whole people and are not bound by any assignments or instructions.
22. No member of the Kejsarstag can ever be lawfully or disciplined for casting a vote or for opinions expressed in the exercise of his duties, nor can he be held liable outside the assembly in any other way.
23. Without the consent of the Kejsarstag, not a single member of it can be prosecuted during the session or arrested for any punishable act, except if he is captured while committing this act, or during the next day. The same consent of the Kejsarstag is required for arrest for debts.
23.1. At the request of the Kejsarstag, all criminal proceedings against any of its members and any investigative or civil arrest shall be terminated during the session.
24. Members of the Kejsarstag do not receive, as such, any salary or remuneration.
Article IV. Monarchy
25. The right to the throne is inherited and belongs to the legitimate heirs of King Frederick.
26. After the death of the Emperor, the right to the throne passes through the line of succession to the eldest legal heir of the Emperor; this rule of inheritance also applies to the descendants of the Emperor's heir if the heir dies before the Emperor's death. If the Emperor has no heirs, the right to the throne passes to the eldest legal heir of the Emperor's parents, and in his absence, to the eldest legal heir of the predecessors of the Emperor's parents in the line of direct inheritance, distant, however, from the deceased Emperor by no more than three degree of kinship.
27. For the purposes of determining the succession of inheritance, a child conceived before the death of the Emperor is considered to be born on the day of his death. In the event of the birth of a stillborn child, this presumption is invalidated.
28. The succession of succession to the throne in case of abdication is determined according to the same rules set out above. Children born after abdication, as well as their descendants, are excluded from the line of succession.
29. A Emperor is considered to have abdicated the throne if he enters into a marriage not approved by an Act of Parliament.
29.1. Any person included in the line of succession, if he enters into the same marriage, is excluded from the number of heirs along with children and other descendants.
29.2. The decision on the adoption of the Act of Approval of Marriage is taken by both houses of the States General (Parliament) at a joint meeting.
30. An Act of Parliament may exclude one or more persons from the line of succession if extraordinary circumstances so require.
30.1. A bill on such matters shall be submitted by the Emperor or on behalf of the King. This bill is adopted by a majority of at least two-thirds of the votes.
31. An heir to the throne can be appointed by an Act of Parliament if the Emperor has no heir. A bill on such a matter is introduced by the Emperor or on behalf of the Emperor, after which the Chambers of the States General are to be dissolved. Chambers of the States General of the new convocation are considering this bill at a joint meeting. The bill is adopted by a majority of at least two-thirds of the votes.
31.1. The Chambers of the States General shall be dissolved if, in the event of the death or abdication of the Emperor, there is no heir to the throne. The new Chambers of the States General shall meet in joint session within four months after the death or abdication of the Emperor to decide on the election of the Emperor's heir. The heir to the Emperor is elected by a majority of at least two-thirds of the votes.
32. Only his direct heirs through the line of succession can inherit the chosen Emperor.
32.1. The provisions on succession of succession and the provisions of the first paragraph of this article shall apply by analogy to an elected heir to the throne prior to his accession to the throne.
33. Assuming the powers of royalty, the Emperor swears in and ascends to the throne in the capital, Klausberg, at an open joint meeting of both houses of the States General. The Emperor swears or solemnly vows to faithfully serve the Constitution and faithfully exercise the powers of the Emperor. Detailed regulation of the order of accession to the throne is established by an Act of Parliament.
34. The Emperor does not exercise his powers until he is eighteen years old.
35. The regency of the juvenile Emperor is established by an Act of Parliament.
35.1. The decision on this issue is taken at a joint meeting of the Chambers of the States General.
36. The Emperor may temporarily relinquish his imperial powers and resume them in accordance with an Act of Parliament. The relevant Act is presented by the Emperor or on behalf of the Emperor. Consideration of this issue and adoption of a decision on it shall be carried out at a joint meeting of both chambers of the States General.
37. Imperial powers are exercised by the regent:
a. Until the Emperor reaches the age of 18.
b. If the right to the throne belongs to an unborn child.
c. If it is decided that the Emperor is incapable of exercising imperial powers.
d. If the Emperor has temporarily resigned from his imperial office.
e. If there is no heir to the throne in case of death or abdication of the Emperor.
38. The Regent is appointed by Act of Parliament. Consideration of this issue and adoption of a decision on it shall be carried out at a joint meeting of both chambers of the States General.
39. In the cases provided for in subparagraphs "c" and "d", a descendant of the Emperor who has the right of succession to the throne becomes the regent by right, if he has reached the age of 18.
40. The Regent takes an oath or promises before both Houses of the States General that he will remain faithful to the Constitution and that he will faithfully carry out the duties entrusted to him. The rules governing how regency should be exercised are established by an Act of Parliament, which may contain provisions on succession to the throne. Consideration of this issue and adoption of a decision on it shall be carried out at a joint meeting of both chambers of the States General.
41. Article 36 applies by analogy to the legal status of a regent.
42. Imperial power is exercised by the Council of State pending another decision on the exercise of imperial power.
43. Membership in the Imperial House is regulated by an Act of Parliament.
44. The Emperor shall receive annual maintenance from the state in accordance with the rules established by an Act of Parliament. This Act establishes who else from the members of the Imperial House receives support from the state, and determines its size.
44.1. The maintenance received by the members of the Imperial House from the state, as well as other funds provided to them for the performance of their duties, are not subject to taxation. In addition, any value received by the Emperor or the heir to the throne from any member of the Imperial House by inheritance or deed of donation is exempt from inheritance, gift or assignment taxes. Additional grounds for exemption from taxation are established by an Act of Parliament.
45. The Emperor rules the Imperial House with the public interest in mind.
Article V. Emperor and ministers
46. The government consists of the Emperor and ministers.
46.1. The ministers, not the Emperor, are responsible for the activities of the government.
47. The Prime Minister and other ministers are appointed and dismissed by decree of the Emperor.
48. Ministries are established by decree of the Emperor. They are headed by ministers.
48.1. Ministers without portfolio may be appointed.
49. Ministers form the Council of Ministers.
49.1. The Prime Minister heads the Council of Ministers.
49.2. The Council of Ministers considers and makes decisions on the general policy of the government and assistance to its activities.
50. Secretaries of State are appointed and dismissed by decree of the Emperor.
50.1. The Secretary of State may exercise the powers of the Minister in the absence of the Minister, as well as in cases where the Minister considers it necessary; The secretary of state must follow the instructions of the minister in these cases, and the secretary of state is responsible along with the minister.
51. All Acts of Parliament and Decrees of the Emperor are signed by the Emperor and one or more ministers or secretaries of state.
52. The Emperor's decree appointing the Prime Minister is countered by the Prime Minister. The Emperor's decrees on the appointment or dismissal of ministers and secretaries of state are countered by the Prime Minister.
53. On assuming office, ministers and secretaries of state take an oath or make a declaration before the Emperor in the form prescribed by an Act of Parliament that they have not taken any action that may prevent them from assuming office, that they will remain faithful to the Constitution and that they will faithfully fulfill the responsibilities assigned to them.