Third Imperial Charter of Averius: Difference between revisions
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==Article IV: Judicial Authority== | ==Article IV: Judicial Authority== | ||
To ensure the proper application and enforcement of law, judicial authority shall be vested in various courts. | |||
===Section 1: Duty of the Courts=== | ===Section 1: Duty of the Courts=== | ||
Courts shall be granted some enumerated powers. | |||
#Courts shall shave the sole power to judge the guilt or innocence of a person accused of a crime. | |||
#Courts shall shave the sole power to judge civil penalties at civil trials. | |||
#Courts shall shave the sole power to hear cases of appeal of decisions made by lower courts. | |||
===Section 2: Imperial Court=== | ===Section 2: Imperial Court=== | ||
The Imperial Court shall be granted authority as the highest court in the Empire. | |||
#The Imperial Court shall be presided over by five judges, one from each region of the Empire as well as a Chief Justice. | |||
#The Imperial Court shall be vested with the power to act as the court of final appeal. | |||
#The Imperial Court shall be vested with jurisdiction over the entire Empire. | |||
#The Imperial Court shall be vested with the sole authority to determine if a law or decree is compliant with this Charter. | |||
#The Imperial Court shall be vested with the authority to decide what cases to take up. | |||
===Section 3: Ducal Courts=== | ===Section 3: Ducal Courts=== | ||
The Ducal Courts shall be granted authority as the second highest court in the Empire. | |||
#The Ducal Courts shall be presided over by five judges as well as a Chief Justice which could be from any species. | |||
#The Ducal Courts shall be vested with the power to act as a court of appeal for decisions made by lower courts. | |||
#The Ducal Courts shall be vested with jurisdiction over a specific duchy within the Empire. | |||
===Section 4: Courts of Appeal=== | ===Section 4: Courts of Appeal=== | ||
The Courts of Appeal shall be granted authority as the first courts of appeal in the Empire. | |||
#The Courts of Appeal shall be presided over by five judges as well as a Chief Justice which could be from any species. | |||
#The Courts of Appeal shall be vested with the power to act as a court of appeal for decisions made by Local Courts. | |||
#The Courts of Appeal shall be vested with jurisdiction over a specific duchy within the Empire. | |||
===Section 5: Local Courts=== | ===Section 5: Local Courts=== | ||
The Local Courts shall be granted authority as the second highest court in the Empire. | |||
#The Local Courts shall be presided over by a single judge which could be from any species. | |||
#The Local Courts shall be vested with the power to act as a court over criminal cases and civil cases. | |||
#The Local Courts shall be vested with jurisdiction over a specific municipality or county. | |||
==Article V: Military Authority== | ==Article V: Military Authority== | ||
1 | 1 |
Revision as of 15:50, 10 April 2024
Preamble
NOTE: THIS IS A WORK IN PROGRESS....COMING SOON
Article I: Nobility
Nobility, an ancient relic of the past, are an important aspect of the Empire to maintain tradition and ties to the past.
Section 1: Titles of Nobility
In respect for the service of families of noble lineage, noble titles shall be granted by the Emperor.
- The title of King/Queen shall be granted to those of high acclaim with historical claims over a Kingdom.
- The title of Grand Prince/Princess shall be granted to those of high acclaim with historical claims over a Principality.
- The title of Duke/Duchess shall be granted to those of high acclaim with historical claims over a Duchy.
- The title of Count/Countess shall be granted to those of high acclaim with historical claims over a County.
- The title of Baron/Baroness shall be granted to those of high acclaim with historical claims over a Barony.
- Only Titles of these ranks shall be subject to Article I, unless otherwise specified in this Charter.
Section 2: Rights of the Nobility
The Nobility, for their service to the Empire, shall be granted some specific rights.
- The Noble Lords shall be granted the right to sanctioned non-lethal duels.
- The Noble Lords shall be granted equal treatment for equal rank, regardless of species, age, sex, sexuality, or religion.
- The Noble Lords shall be granted the right to employ private security or Knights of Honor.
- The Noble Lords shall be granted the right to own property and estates.
- The Noble Lords shall be granted the right to Council, administrative, civil, legal, or otherwise.
Section 3: House of Lords
The Nobility, having long served the Empire, shall sit on the House of Lords.
- Each eligible Noble Lord shall receive a number of notes in the House of Lords
- The Imperial Title of Emperor shall receive 9 votes and may cast an additional vote in case of a tied vote.
- Royal Titles, such as King, Queen, Grand Prince, and Grand Princess, shall receive 7 votes.
- Ducal Titles, such as Duke and Duchess, shall receive 5 votes.
- County Titles, such as Count and Countess, shall receive 3 votes.
- Baronage Titles, such as Baron and Baroness, shall receive 1 vote.
- The House of Lords shall be presided over by the Emperor or the Prime Minister if no Emperor is able to preside over the votes.
- A Person of noble birth must present ones self to the House of Lords upon reaching the age of ten.
- A Person may not sit in the House of Lords until one has reached the age of eighteen.
Section 4: Powers of the House
The House of Lords shall be vested with certain enumerated powers.
- The House of Lords may elect a new Emperor if there is no eligible inheritor to the Crown.
- The House of Lords may select the Emperor from amongst the Royal Families.
- If no Royal Families are existent, the House of Lords may elect a new Emperor from amongst those in the House of Lords.
- A Noble Lord may elect a proxy to sit in the House of Lords if they are unable to do so.
- The House of Lords may create rules and standards for the nobility.
- The House of Lords may not pass rules or standards that regulate, change, or modify inheritance or estate ownership.
- The Emperor may veto or reject any law passed by the House of Lords at any time.
Section 5: Estates and Inheritance
The Nobility shall have special rules and guidelines in regards to estates and inheritance.
- Noble Lords shall be granted estates reflective of his or her station in their historic domain and in the Imperial Central District.
- Imperial Titles shall be granted estates of unrestricted size.
- Royal Titles shall be granted estates of five-hundred hectare of land in size.
- Ducal Titles shall be granted estates of one-hundred hectare of land in size.
- County Titles shall be granted estates of twenty-five hectares of land in size.
- Baronage Titles shall be granted estates of one hectare of land in size.
- Estate sizes may be slightly larger or smaller than the designated size due to geographical, geological, topographical, or environmental limitations.
- Noble Lords shall follow definitive rules in regards to inheritance.
- If an heir is designated by the noble, titles and land shall go to the designated son or daughter.
- If an heir is not designated by the noble, titles and land shall go to the eldest son or daughter.
- A person may not inherit more than one title of nobility.
- If a person has multiple titles to pass down, the designated heir or eldest child gets the highest and most prestigious title, and the others are passed down based on age.
- A noble may grant his or her spouse a title of nobility.
- Property shall be inherited with the lands of the title being inherited based on titles granted to the children.
- Any land or property not bound by titles shall be inherited by either a designation by the noble or shall be spread equally if no such designation exists.
- Titles of nobility that can not be passed on shall be forfeited.
- If a noble has no children to inherit his or her titles, property, and land, and has designated a sibling to inherit, that sibling shall inherit those property, titles, and land.
- If a noble has no children to inherit his or her land and titles, it does to his or her eldest sibling.
- If a noble has no children to inherit his or her property, it it spread amongst his or her siblings.
- Titles and land which can not be inherited by a sibling or child of a noble may be given by the sibling or child to a child of their own.
Article II: Legislative Authority
The Empire, recognizing the need for better distribution of power and authority, shall vest legislative authority in a democratically elected Parliament.
Section 1: Parliament
Parliament shall be created with certain aspects.
- Parliament shall be established with one seat per million people.
- Parliament shall be presided over by a Prime Minister.
- Parliament shall be the sole authority with legislative power.
- Parliament shall have certain requirements for sessions.
- Parliament shall be in session for no less than two-hundred days per year
- Sessions of Parliament may not be held except on Saturday or Sunday.
- Sessions of Parliament shall be held from 8:00 am to 5:00 pm with an hour lunch from noon until 1:00 pm.
- The first day of a new session after an election with the new members shall be held on the Summer Solstice
- The Prime Minister may declare an Emergency Session that shall last no longer than thirty days to address a specific legislation or agenda that could not be passed or acted upon during the normal session.
Section 2: Eligibility of Parliament
Certain standards shall be set for eligibility for Parliament.
- A Member of Parliament (MP) shall be at least eighteen years of age as of the date of the election.
- A Member of Parliament must be either a current or former member of the Imperial Armed Forces.
- A Member of Parliament must not have been dishonorably discharged from the military.
- A Member of Parliament must not be a criminal nor have served any time in prison after a criminal conviction.
- A Member of Parliament may have been a former criminal if he or she has been found innocent on appeal, have received an Imperial Pardon, or have had the conviction expunged.
- A Member of Parliament must maintain a residence within his or her Election District for which his or her seat represents.
Section 3: Parliamentary Elections
Certain standards shall be set for Parliamentary Elections.
- Elections shall be held every fifth year on the 0th and 5th year.
- The day of the election shall by on March fifteenth.
- Elections shall take place from 7:00 am to 7:00 pm on election day with votes being counted by 7:00 pm of the next day.
- Elections shall be conducted using the Single Transferable Vote method.
- Election Districts shall be created for each seat in Parliament based on the census held every ten years.
Section 4: Rights of Parliament
Certain rights shall be vested in the Members of Parliament.
- Member of Parliaments shall be granted estates from which the Members of Parliament can live while Parliament is in session.
- Members of Parliament shall be treated equally, regardless on ones' species, age, sex, sexuality, religion, or income.
- Families of Members of Parliament shall be granted citizenship if they do not already have citizenship.
- Members of Parliament shall be guaranteed an annual rate of pay reflective of their status.
Section 5: Powers of Parliament
Certain enumerated powers shall be vested to the Parliament.
- Parliament shall be granted the power to propose, debate, and vote on legislation.
- Laws and other proposals shall be passed or failed based upon a majority vote.
- Holidays shall be established based upon a majority vote in Parliament.
- Petitions sent to Parliament may be approved based upon a majority vote in Parliament.
- Parliament shall be granted the power to override a veto of legislation based on a two-thirds majority vote.
- Parliament shall have the power to approve or reject the appointment of any ministry official or judicial appointment.
- Parliament shall have the sole power to establish taxes and direct spending measures.
Article III: Executive Authority
Executive Authority shall be vested in the Crown and his or her Ministries.
Section 1: The Crown
Executive Authority originates in the Crown.
- The Crown refers to the crowned Emperor or Empress.
- The Crown Prince shall be the eldest child or the designated heir who is first in line to inherit the Crown.
- The Crown shall be the Head of Government and Head of State for the Empire.
- The Crown shall be based from the Imperial Central District.
Section 2: Crown Authority
There shall be certain enumerated powers granted to the Crown.
- The Crown shall be granted the exclusive right to ennoble any person to positions subject to Article I.
- The Crown shall be granted the exclusive right to ennoble any person to positions not subject to Article I.
- The Crown shall be granted the exclusive and sole jurisdiction over the Military.
- The Crown shall be granted the exclusive power to declare war and to mobilize the Military.
- The Crown shall be granted the exclusive power to negotiate treaties and form alliances, in accordance to existing and future laws.
- The Crown shall be granted the exclusive power to establish Ministries and appoint Ministers for the purpose of administration and law enforcement.
- The Crown shall be granted the exclusive power to conduct matters of Religious Affairs as the Imperial Saint or to appoint an Imperial Saint to represent the Emperor in the Imperial Pantheon Religion.
- The Crown shall be granted the exclusive power to impeach any Minister.
- The Crown shall be granted the exclusive power to appoint judges and other judicial appointments to courts under direct Imperial Jurisdiction.
- The Crown shall be granted the exclusive power to impeach any appointments.
- The Crown shall be granted the exclusive power to appoint the Prime Minister without said appointment being subjected to any rejection by Parliament.
- The Crown shall be granted the exclusive power to create decrees that have the power of law, but shall not violate any existing or future laws; however, no law may be created to specifically prevent the Crown from using this power.
- The Crown shall be granted the exclusive power to veto any law passed by Parliament.
- The Crown shall be granted the exclusive power to declare, sell, or gift Imperial Lands as lands, geographical areas, or noble estates.
Section 3: Ministerial Authority
Certain powers shall be enumerated specifically to the Ministries.
- The Ministries shall have the power to enforce laws passed by Parliament and decrees made by the Crown.
- The Ministry of Trade shall have exclusive jurisdiction over international commerce.
- The Ministry of Commerce shall have exclusive jurisdiction over commerce within the Empire.
- The Ministry of War shall have exclusive jurisdiction over the Military, under the direction of the Crown.
- The Ministry of Intelligence shall have exclusive jurisdiction over matters of espionage and counterintelligence.
- The Ministry of Foreign Affairs shall have exclusive jurisdiction over diplomacy, foreign affairs, treaties, and alliances.
- The Ministry of Interior shall have exclusive jurisdiction over internal affairs and activities.
- The Ministry of Education shall have exclusive jurisdiction over education.
- The Ministry of Transportation shall have exclusive jurisdiction over transportation and transportation infrastructure.
- The Ministry of Treasury shall have exclusive jurisdiction over matters of currency creation, destruction, and exchange.
- The Imperial Revenue Service shall have exclusive jurisdiction over tax collection.
- The Imperial Bank shall have exclusive jurisdiction over the funds of the Empire and over banking regulation.
- The Ministry of Communications shall have exclusive jurisdiction over communications infrastructure and use.
- The Ministry of Labor shall have exclusive jurisdiction over labor.
- The Ministry of Health and Safety shall have exclusive jurisdiction over maters of health and safety.
- The Ministry of Space Exploration shall have exclusive jurisdiction over space exploration and development.
- The Ministry of Nobility shall have exclusive jurisdiction over matters of the nobility.
- The Ministry of Imperial Management shall have exclusive jurisdiction over the management and use of Imperial Lands.
Section 4: Selection of Ministers
There shall be a standard for the selection of Ministers.
- Ministers must be citizens of the Empire.
- Ministers may not have a criminal record except that which was subjected to an Imperial Pardon or an expungement of criminal records.
- Ministers shall be given background checks
- Ministers may not be under the age of eighteen.
- Ministers must be approved by Parliament, with exception of the Prime Minister.
Section 5: Estates and Inheritance
Certain standards shall be set for the maters of Inheritance and Estates.
- Inheritance of the Crown and the Empire, itself shall follow a set standard.
- For ease of understanding, 'Previous Crown' in this section, shall refer to the person who by death or abdication, passes on the role of Emperor or Empress.
- For ease of understanding, 'Throne' in this section, shall refer to the title of Emperor or Empress.
- The Eldest child shall inherit the Throne unless otherwise specified by the previous Crown.
- The Crown can not be passed on to brothers or sisters of the Emperor or Empress unless the Crown has no children.
- If the Crown is passed to a brother or sister of the Crown, it shall always go to the eldest sibling, unless otherwise specified by the previous Crown.
- If the previous crown has no siblings, the Crown shall go to the eldest blood or adopted relative of the previous Crown.
- The Crown may not be inherited to someone who has abdicated the Throne, however, the children of the abdicator do not lose eligibility.
- If there are no eligible relatives of the Previous Crown for the Throne, the House of Lords may elect a new Emperor or Empress.
- As Inheritance cares not for the species, sex, sexuality, age, or adoption status of the inheritor, a person may not be denied the Throne on account of being adopted or being of a different species to the Previous Emperor.
- No foreigner may become Emperor or Empress.
- The Crown can not be inherited by a spouse, unless there are no eligible members of the Imperial Family.
- Estates of the Executive branch of government shall follow specific standards.
- The Emperor shall be considered the owner of all Imperial Lands, including government lands.
- The Imperial Central District shall be considered the exclusive Domain of the Crown, housing other estates as specified by law and by the Crown's discretion.
- Ministers shall be allotted his or her own estates within the Imperial Central District.
Article IV: Judicial Authority
To ensure the proper application and enforcement of law, judicial authority shall be vested in various courts.
Section 1: Duty of the Courts
Courts shall be granted some enumerated powers.
- Courts shall shave the sole power to judge the guilt or innocence of a person accused of a crime.
- Courts shall shave the sole power to judge civil penalties at civil trials.
- Courts shall shave the sole power to hear cases of appeal of decisions made by lower courts.
Section 2: Imperial Court
The Imperial Court shall be granted authority as the highest court in the Empire.
- The Imperial Court shall be presided over by five judges, one from each region of the Empire as well as a Chief Justice.
- The Imperial Court shall be vested with the power to act as the court of final appeal.
- The Imperial Court shall be vested with jurisdiction over the entire Empire.
- The Imperial Court shall be vested with the sole authority to determine if a law or decree is compliant with this Charter.
- The Imperial Court shall be vested with the authority to decide what cases to take up.
Section 3: Ducal Courts
The Ducal Courts shall be granted authority as the second highest court in the Empire.
- The Ducal Courts shall be presided over by five judges as well as a Chief Justice which could be from any species.
- The Ducal Courts shall be vested with the power to act as a court of appeal for decisions made by lower courts.
- The Ducal Courts shall be vested with jurisdiction over a specific duchy within the Empire.
Section 4: Courts of Appeal
The Courts of Appeal shall be granted authority as the first courts of appeal in the Empire.
- The Courts of Appeal shall be presided over by five judges as well as a Chief Justice which could be from any species.
- The Courts of Appeal shall be vested with the power to act as a court of appeal for decisions made by Local Courts.
- The Courts of Appeal shall be vested with jurisdiction over a specific duchy within the Empire.
Section 5: Local Courts
The Local Courts shall be granted authority as the second highest court in the Empire.
- The Local Courts shall be presided over by a single judge which could be from any species.
- The Local Courts shall be vested with the power to act as a court over criminal cases and civil cases.
- The Local Courts shall be vested with jurisdiction over a specific municipality or county.
Article V: Military Authority
1
Section 1: Role of the Military
1
Section 2: Ministerial Oversight
1
Section 3: Military Courts
1
Section 4: Law Enforcement
1
Section 5: Loyalty to the Crown
1
Article VI: Local Governments
1
Section 1: Regional Governance
1
Section 2: Tax Collection
1
Section 3: Municipal Governance
1
Section 4: Role of the Lordships
1
Section 5: Supremacy of Powers
1
Article VII: Unity
1
Section 1: Joining the Empire
1
Section 2: Citizenship
1
Section 3: Residency
1
Section 4: Imperial Patheon
1
Section 5: Break from the Empire
1
Article VIII: Rights
1
Section 1: Personal Rights
1
Section 2: Political Rights
1
Section 3: Judicial Rights
1
Section 4: Species Rights
1
Section 5: Discrimination
1
Article IX: Amendments
1
Section 1: Proposal of Amendments
1
Section 2: Amendment Approval
1
Section 3: Amendment Vote
1
Section 4: Imperial Approval
1
Section 5: Amendment Exclusion
1