Basic Law of the Commonwealth of Azmara
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Basic Law of the Commonwealth of Azmara | |
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Original title | Grundlagen âb de Gemenwelþ âb Azmaara |
Jurisdiction | Azmara |
Date effective | 25 January 1933 |
System | Unitary parliamentary republic |
Branches | Three |
Head of state | President |
Chambers | Bicameral (Alþing; Folksmot, Landsmot) |
Executive | Government, headed by the Thingspeaker |
Judiciary | Supreme Court |
Federalism | Unitary |
Electoral college | No |
First legislature | 25 May 1933 |
First executive | 3 June 1933 |
First court | 4 August 1933 |
Amendments | 6 |
Last amended | 9 November 1995 |
Location | Commonwealth Archives of Azmara |
Author(s) | Aarne Aansgaarsun |
Signatories | Thingspeaker Hjalmer Alekssun |
Supersedes | Basic Law of 1915 |
The Basic Law of the Commonwealth of Azmara (Azmaran: Grundlagen âb de Gemenwelþ âb Azmaara) serves as the official constitution of Azmara. Comprised of nine articles and eighty-one sections, the document specifies a parliamentary system of governance, as well as establishing various inalienable rights and the definition of Azmaran citizenship. The document was enacted on the 25 January 1933 to serve as a replacement for the previous Basic Law of 1915, and has been amended six times since then.
History
The first written constitution of Azmara was that of the Azmaran Confederation. This document was an uncodified constitution consisting of a collection of statutes and treaties establishing the various organs of government within the Confederation, the first of which was the 1623 Treaty of Aalmsted which established such institutions as the Chancellory and the Alþing of the Estates.
Provisions
The Basic Law consists of slightly over 4,000 words, making it one of the shortest constitutions in the world. It consists of a preamble and eighty-one sections organised into nine articles, which are as follows:
- Article I - National Principles
- Article II - The President
- Article III - The Alþing
- Article IV - Legislation
- Article V - The Wisemaanenmot
- Article VI - The Provinces
- Article VII - The Courts
- Article VIII - Civil Rights
- Article IX - Citizenship
Preamble
The Preamble of the Basic Law starts with an affirmation that the government derives its authority from the principle of popular sovereignty, declaring that:
We the people of Azmara hereby establish the basic law of our land to derive its authority from the common people of this fine green and pleasant nation.
This is followed by a paraphrasing of the famous declaration by Mikel Hankssun, the first President of Azmara that "strength comes from unity and equality" and an affirmation of the classical liberal thesis of "life, liberty and the pursuit of happiness" as fundamental inalienable rights.
National Principles
The first section of the Basic Law contains five articles outlining the fundamental principles of the Commonwealth of Azmara. Article 1 declares the country to be an "independent representative democratic state" and affirms adherence to the "Euclean republican tradition of governance" and declares the state to operate within the confines of the Euclean Community.
This is followed by Article 2, which reiterates popular sovereignty, yet delegates the exercising of this sovereignty to the Alþing, and Article 3, which establishes the territorial limits of Azmara and establishes the nation's provinces as subordinate to the national government. Articles 4 and 5 then declare the sole official language of the state to be the Azmaran language and establishes the national flag of Azmara.
Presidency
The second section consists of eleven articles outlining the role of the President of Azmara. Article 6 establishes the President of Azmara to be the head of state and the "first citizen of the Commonwealth of Azmara". The next four articles clarify the position to be elected for six years through the alternative vote system and opens it up to all Azmaran citizens over 25 years of age who can get 250 citizens to confirm that they intend to uphold the Basic Law, while also requiring the elected President to swear to do so and give up any political affiliations before taking office.
Articles 11-14 outline the role of the President. These are: to serve as an intermediary figure between the various branches of government and work to address gridlock between them, to officially sign passed bills into law and dissolve the Folksmot at its request to do so, to serve as Commander-in-Chief of the Armed Forces and thus to officially declare war on other states and convene the Alþing to respond to declarations of war on Azmara and to serve as the chief diplomat of Azmara and by extension to appoint and receive diplomats to and from other states.
The final two articles of the section establish the process through which the President may be removed from office if they fail to adequately perform their duties, requiring a joint session of the Alþing to vote in favour with a three-fifths absolute majority to do so. The process to replace the President is then established - the Landsmot shall elect an interim President and an election called for eight weeks after the death, resignation or removal of the previous President.