Constitution draft of 1915

The Constitution Draft of 1915 (新憲草, sjing-hjans-ts′u′; lit. "new constitution draft") was a proposed basic law for Themiclesia forwarded by Liberal prime minister Lord of Mik that year. The draft dealt with topics such as fundamental rights and liberties and the forms of government. It was defeated in the House of Lords later that year on the argument that everything enshrined in the document has already been achieved. Constitutionalism has long been a tenet of the Liberal Party in Themiclesia and was supported by social notables in the period, opposed by Conservatives who believed that the "constitution" of Themiclesia was the accumulated customs and expeirences that guided governments to correct outcomes in resolving political difficulties.

Draft

The Draft itself presented a set of rights and liberties enjoyed by all Themiclesians and a parliamentary form of government.

Rights and liberties

The draft provided that all Themiclesians should enjoy the following rights:

1. To be represented in the House of Commons by an elected representative, and to participate in free and fair elections to choose a representative;
2. To receive education to become literate and numerate;
3. To receive compensation for injuries to body and property;
4. To be treated equally before the law, irrespective of sex, stock, and place of residence;

It also stated that the following liberties were recognized:

1. To private conscience and secret correspondence;
2. To public speech and press;
3. Movement into, out of, and within the realm;
4. Not to be arrested without valid cause or punished without the accustomed process;
5. To participate in lawful assemblies;
6. Not to be punished or subject to special treatment due to religious belief;

Legislative

Under the Draft, legislative power was exercised by the Emperor with the assent of the House of Commons and House of Lords. Both houses were granted the powers:

1. to table, debate, and pass bills;
2. to accept petitions;
3. to make rules and regulations pertaining to itself and regulate debate, provided they do not impair the "representative faculty" of parliament;
4. to command the presence and testimony, under penalty, of anyone it deems able to provide information to itself, including government ministers and public servants;
5. to meet and adjourn at a time and place it sets;
6. to withdraw confidence in government ministers;
7. to grant pardons and honours;

To the House of Commons, the bill granted the following exclusive powers:

1. to table bills raising revenues;
2. to impeach public officials;

To the House of Lords, the bill recognized the powers:

1. to regulate the peerage and their entitlements;
   • to confirm the appointment of the Marshal of Peers;
   • to permit or reject the appointment of peers in certain civil and military offices;
   • to control the expropriation of peers' real and personal property;
2. to regulate the royal family, royal finances, and entitlements;
   • to confirm the appointment of the Comptroller of the House
   • to appoint Privy Councillors;
3. to table bills raising revenues from peers;
4. to try impeachments and make judgment;
5. to try civil and criminal processes between peers;

For cases between commoners and peers, the draft appointed that they should be tried in ordinary courts; however, the jury impanelled should be half peer and half commoner.

Members of the House of Commons are declared immune to arrest when Parliament is sitting.

Executive

The Draft makes strides in defining and confining executive power according to the customary limits already established in the middle of the 19th century.

1. The Emperor, House of Lords, and Council of Correspondence are made responsible for executing laws and given power to supervise the entire civil service;
2. The Council of Correspondence, which is where policy power is located, is responsible collectively to Parliament, and its members personally are responsible to the house that represents himself, i.e. peers are responsible to the House of Lords, and commoners are responsible to the House of Commons;
3. The Council of Correspondence may motion for ordinances as authorized by statutes, to be tabled at the House of Lords before presentation to the Emperor;
4. The Emperor is named as commander-in-chief of the Consolidated Army and Navy; the Council of Correspondence represents the monarch relative to them;

Judicial

1. Judges of civil, criminal, and disputes in jurisdictions are to be appointed from the accredited members of the Themiclesian Bar;
2. Judges may not be dismissed or subject to punishments except for breaching the law or taking of bribes;
3. The Themiclesian Bar is protected against disbanding;

Royalty and peerage

1. The Draft did not include a section about the emperor, whose functions are mentioned as they pertained to the branches of government;
2. The Draft endorses the "accustomed rules" regarding the succession and the appointment of royalty as peers;
3. The Peerage of Themiclesia is established form the five central and palatine peerages;

Other provisions

• Capital punishment is forbidden.
• The Privy Council is retained according to established customs.
• The Gentlemen-at-Arms and its various departments are retained, but members no longer enjoy privileges to enter the civil service.
• It is forbidden to make subventions to religious institutions or religious education.
• In the event that a public interest shall require a greater restriction of common liberties than by the defence of the rights of individuals, such legislation should be printed in the public gazette before debate commences in either chamber of Parliament.
• The Council of Correspondence may make emergency ordinances against statutary law with the assent of the House of Lords, when the House of Commons is prorogued or adjourned. Once they resume sitting, such measures are to be tabled at the House of Commons; if they are not accepted, they would be void ab initio.

See also

• Themiclesia