Constitution of Montecara

The Constitution of Montecara is the fundamental law that outlines the government and basic laws of the city-state. It is organized into seven books, three dating from 1117 and four which were added at later times.

Contents

Preamble

We ourselves, the burghers of the city called Montecara, who have lately bound ourselves together to restore our ancient liberties when they were seized from us, do gather to set this testament among us for all time, that the rights of our progeny and our city may be preserved.

We solemnly declare that Montecara is, and has always been, governed in the manner of a republic: namely, that her citizens are her sovereign; that her nature as a republic is eternal; and that no man may alter her nature, which has been set as a covenant between her and her people.

We further declare that it is the duty of ourselves and of all the other citizens of the city to do justice to ourselves, to govern ourselves, to defend ourselves, and to honor our sacred customs.

We require that all our burghers, officers, ambassadors, captains, judges, bishops, senators, and doges forevermore shall be of our city, and that they shall well and truly serve our republic.

All of this we take as an oath among ourselves and among our progeny, and we moreover swear that we shall with our lives defend Montecara and preserve her honor. Whoever shall break this solemn oath shall be our enemy and our fellows' enemy and shall be driven from our midst forevermore. Amen.

Book I: On the Form of the Republic

This book lays out the fundamental bodies of the Montecaran republic: the Senate, Popular Assembly, courts of law, communes, and various other councils and bodies. It originally contained an extensive description of the office and duties of the Doxe which was repealed after the last Doxe was overthrown.

Book II: On the Citizens

This book is concerned with the relations among citizens: civil law procedures as well as details regarding wills, estates, and children.

Book III: On Crimes and their Punishment

This book functions as a code of criminal law.

Book IV: On the Dispensing of Justice

This book is concerned with criminal procedure as well as the nomination and selection of judges and prosecutors.

Book V: On the Public Good

This book codifies regulations concerning matters affecting public health and well-being, such as sanitation, roads, and the provision of clean water.

Book VII

THE MONTECARAN PEOPLE arise once again, having shaken off the chains of foreign occupation to restore our irrevocable independence. We have affirmed our will to that effect in the Plebescite of 1 June 1935 and have therefore given our approbation to the renewal of the Montecaran constitution, to take such form as will efface the evils inflicted upon us and keep safe our ancient rights. Therefore, we take up our right to determine for ourselves our destiny and give to ourselves this seventh Book of the Montecaran constitution.

1. Citizens are entitled to the protection of the state and its laws. Among citizens the law makes no distinction.
2. Officials may always be held answerable for the actions they take in the course of their duties.
3. The people have the right and duty to protect themselves and the state through service in their own military forces. Foreign mercenaries are banned from Montecara and may not be employed by the state.
4. The state must encourage the education of its citizens and patronize the arts and sciences.
5. The state and all of its officials and bodies have the duty to protect the rights enumerated here.
6. The state forswears and condemns capital punishment. No one may be condemned to death or executed. Nor is anyone subject to corporal punishment or to banishment or outlawry.
7. Slavery and indenture are forbidden in Montecara and all her possessions and territories across the seas. No Montecaran ship may carry slaves. No Montecaran may sell himself into slavery or indenture or buy or sell slaves.
8. The state protects right to speak and to publish freely in public or private. Libel and slander are cause for civil remedy.
9. The state protects the right to join with others in assembly and association for peaceful purposes.
10. The state protects the right to privacy. The state may intrude in a private home only under judicial order to protect public safety.
11. The state protects the right to think and believe according to the dictates of one’s conscience. The state will not finance any house of religion or clergy and recognizes the temporal power of no sovereign priest.
12. The state must establish uniform laws for trade which ensure fair buying and selling. The right to redhibition will be protected in all cases. Perpetuities, monopolies, and usury will be forbidden in all cases, and contracts made under duress are void.
13. Indebtedness is not sufficient reason for servitude or sequestration, and debt is not inherited. Bankruptcies cannot be made destitute. They are entitled to keep their house and their personal effects at the least.
14. Everyone has the right to his own labor. Workers have the right to be paid for their work at agreed-upon rates. They have the right to leave their employer and to work for another. Masters must not keep servants against their will but must provide them their own quarters, sustenance, and fair pay. Labor cannot be compelled by force.
15. Workers have the freedom to associate among themselves, including in guilds or trade unions, and to bargain together or separately. Guilds and trade unions have the right to govern themselves and their workshops under law.
16. Tenants have rights against their landlords and can refuse rent in the event that the property is rendered unusable or the landlord otherwise fails to uphold the contract between them. Tenants have the right to keep renting and may not be evicted as long as the conditions of their contract are met. They have the right of first refusal if the property they rent is sold. Foreign and absentee landlords are forbidden.
17. Merchants are entitled to safety and protection in national waters.
18. The state must pay a full and fair price for any citizens’ property it purchases. Real property may be requisitioned only by law and must be fully and fairly compensated.
19. The state must protect orphans, widows, invalids, and the elderly, and must ensure that wards are not exploited by their guardians, or trusts by their overseers, or estates by their executors.
20. Children have the right to be recognized by their parents regardless of whether they are born in wedlock. They have the right to be provided for until attaining the age of majority. Heirs may not be denied their legitimate inheritance, and primogeniture is of no weight.
21. No one may be married without their own consent, and no one may prevent the marriage of a couple legally entitled to wed. The state must assist in providing dowries to young women who cannot afford them.
22. No one can be convicted of an offense in the absence of a law. Everyone has the right to recompense for the unlawful deprivation of liberty or property.
23. Citizens have the right to judicial process presided over by a learned and competent judge and may not be convicted, fined or imprisoned in its absence, or put on trial more than once for the same offense. Trials are public except in cases of espionage or violation of honor, and must not be excessively slow but must also allow time for a proper defense. Extraordinary courts are forbidden. Defendants have the rights of habeas corpus and subpoena, the right to examine the evidence and witnesses against them, and the right to keep silent and not to testify against themselves. Torture is banned, and any evidence or confession obtained through torture or ordeal is invalid and inadmissible in court. Justice may not be sold, and everyone, rich or poor, has the right to the protection of law and of the courts.
24. There is a right to appeal conviction. Estates will not be made forfeit by conviction, nor will be forfeit the estates of suicides. Fines and terms of imprisonment should in all cases be proportionate to the offense, and fines may not in any case cause anyone to become destitute.

Constitutional principles

Popular sovereignty

The fundamental basis of the Montecaran constitution is the concept of the city-state, the polis, as the foundation of the body politic. This implies the independence of the city as well as the right of its citizens to make laws through direct democracy. As a republic, Montecara's sovereign is its citizenry, who are the collective head of state. The laws that citizens make in their sovereign capacity to do so are by definition constitutional, so they may not be challenged in substance by any court of law.

Rule of law

The basis of all political and judicial legitimacy in Montecara is written law, to which all citizens are equally subject. Rule by whim and punishment without a basis in written law (nulla poena sine lege) are impermissible.

Diffusion of power

In order to keep power widely diffused, the state executive uses a directorial system so that no single person is empowered as "head of government." The entire Colegio is jointly in charge of the executive, and all decisions must be ratified by the entire body acting in unison. Internal disagreements are not made public.

Communal government is also designed around the concept of power-sharing, with all local government decisions made by open meetings of citizens.

Sortition

An extension of this deep-rooted commitment to civic republicanism is the idea that public service is a duty to be performed by all when called upon, so sortition is used to select many public officials and lay judges who are responsible for administering civil affairs and justice.

Constitutional conventions

Certain concepts, while not enshrined in law, are nonetheless considered to carry constitutional weight given their importance to Montecara's system of government. These include cabinet collective responsibility by the Colegio, which means that all members of the Colegio publicly agree to its decisions and debate only in private, and respect for judicial independence despite the fact that ultimate sovereignty is held by the people.