Constitution of Makko Oko: Difference between revisions
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'''-- First Revision by the Emperor's Law Council --''' | '''-- First Revision by the Emperor's Law Council --''' | ||
- Renamed Section I from Rights To Freedom to Constitutional Rights | - 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 | - Removed "court intervention" from Article VIII of Section II, Supremacy To Legislation |
Revision as of 20:02, 19 November 2022
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Basic Rights Of Makko Oko | |
---|---|
Jurisdiction | Makko Oko |
Created | January 23rd, 2022 |
Ratified | January 24th, 2022 |
System | Dictatorship |
Branches | 2 |
Executive | Emperor |
Federalism | Unitary |
Amendments | 5 |
Last amended | November 18th, 2022 |
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 Of Makko Oko is comprised of 12 sections filled with a total of 49 articles, being revised (amended) 5 times since its original ratification date.
Old Constitution
Revision History
1st Revision
- Added Sections V & VI, the Rights Of The Court and the Rights Of The Police
2nd Revision
Enacted May 18th, 2022
- Removed military service requirement from Section IV, Citizenship
3rd Revision
Enacted July 5th, 2022
- Added Section VIII, Government Structure
- Added Article XVI to Section IV, Citizenship
- Removed all enumerations of rights from Section I, Rights To Freedom, and changed or removed articles in other sections as necessary
- Removed ban on diplomatic immunity article from Section I, Rights To Freedom
4th Revision
Enacted 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 Revision
Enacted November 18th, 2022
-- First Revision 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
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.
Section II. Supremacy To Legislation
ARTICLE VIII - These fine basic rights shall be declared supreme to any other article of legislation, and cannot be overridden except by governmental intervention.
ARTICLE IX - 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 X - 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 XI - 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 may not be revoked, with citizenship being a constitutional right, unless one of the exceptions are met under this section or under codified law.
ARTICLE XII - Should an individual commit a high crime or crimes, as previously declared under Article IX, the state may revoke a constitutional right to citizenship defined under Article XI.
ARTICLE XIII - 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 XI entitlements.
ARTICLE XIV - 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 XV - 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 XVI - Should an individual not satisfy Article XI, 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 XVII - 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 XVIII - Any persons arrested for a potential crime shall be here confined to imprisonment and only be walking for interrogation and court.
ARTICLE XIX - 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 XX - Any persons arrested for a potential crime are to have their first hearing and appearance in front of a judge within 3 weeks of initial detainment. This period decreases to 1 week during states of national emergency.
Section V. Rights Of The Court
ARTICLE XXI - Our fair courts have the defacto power of rulings on criminal and civil matters as under these basic rights. The Emperor and anybody who they also authorize, may also give rulings on matters of criminal and civil, without a court.
Section VI. Equality Protections
ARTICLE XXII - 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 XXIII - Under these fair basic rights, all individuals are to receive equal protection before the law in relation to Article XXII. 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 XXIV - The Government Of Makko Oko shall be unitary authoritarian, with a constitutionally-appointed Emperor for life. The Emperor is to be the head of state and the head of government.
ARTICLE XXV - The Emperor may not be removed by any government official or body, and has unlimited and unrestricted power under these here basic rights.
ARTICLE XXVI - The Emperor may enact, revise and repeal laws and orders as seen fit.
ARTICLE XXVII - The next Emperor is to be selected via the previous Emperor's will, or via the Bill Of Emperor's Passages.
Section VIII. Emperor's Law Council
ARTICLE XXVIII - 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 XXIX - Legislative codes may further declare limitations, powers and duties of the Emperor's Law Council.
ARTICLE XXX - 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 as declared under Article XXIX. They may not suspend the Constitution, declare martial law, etc. as that power is solely within the Emperor's control under Article XXV.
ARTICLE XXXI - The Emperor's Law Council shall be made up of authorized government appointments from every government agency, as authorized by the Emperor, 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 Emperor approves such an appointment personally.
ARTICLE XXXII - 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 XXXIII - 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 XXXIV - The Emperor's decision on voted legislation is final and may not be appealed or changed, except by the Emperor themselves.
ARTCLE XXXV - All appointments and members to the Emperor's Law Council are to be lifetime in duration, until that members' retirement or removal by the Emperor. Article XXXII 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 Emperor.
Section IX. National Sovereignty
ARTICLE XXXVI - 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 XXXVII - The Emperor, nor any other official, are to infringe upon the integrity of the laws of the Empire.
ARTICLE XXXVIII - Section X is irrevocable and may never be suspended or exempted, in contradiction with Article X.
Section X. State Religion
ARTICLE XXXIX - It shall be fairly declared under these basic rights that the religion of the state, and therefore of the nation, is to be Satanism.
ARTICLE XL - No individual or entity, government or not, public or private, shall infringe upon the states' religion.
ARTICLE XLI - 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 XLII - 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 XLIII - 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 Emperor, but no more, no less.
Section XI. Amendments Of The Constitution
ARTICLE XLIV - The Emperor, in acceptance of articles XXV and XXVI, shall have the full authority to revise these here basic rights, as they see fit.
ARTICLE XLV - Shall the Emperor authorize such, a revision to these here basic rights shall immediately be enacted upon the approval of it by a two-thirds majority of the Emperor's Law Council. Let this article dutifully authorize the power of the Law Council to draft and approve constitutional revisions, shall the Emperor so authorize.
Section XII. Rights Of The Administrative Governments
ARTICLE XLVI - As defined here, the Emperor shall have the full authority to establish administrative governments belonging to the Empire.
ARTICLE XLVII - An administrative government shall dutifully enforce the provisions of this constitution, and abide by it in any laws or orders promulgated.
ARTICLE XLVIII - 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 XLIX - 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.