Constitution of Latium
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The Constitution of Latium (Latin: Constitutio Latii), or Basic Law, is a series of Imperial edicts, Acts of the Senate or legal precedent that form the basis of Latium's uncodified constitution. While Latium operates under a civil law system with strict codification of laws and little in the way of common law, the country utilities an unwritten constitution, and does not rely upon a single document. These laws and legal precedents deal with the functioning of government bodies, such as the Monarchy, legislature and the courts, as well as the relationship between the state and individual citizens. Laws regarding individuals protect a number of civil and political rights of citizens or legal residents. The most widely cited and most recent constitutional document is the Acts of Constitutional Reform, which were enacted in 1954 and modernized the Latin government.
Along with the collection of constitutional documents, a number of constitutional conventions play a major role in the functioning of the Latin state.
History
List of Basic laws
| Year passed |
Basic Law | Description |
|---|---|---|
| c. 821 BC | Senate creation | The reasons for the creation of the Senate have been lost to time, but it is believed that the Senate is as old as the city of Castellum and first consisted of 100 men from the city. The early Senate primarily saw representation from the various tribes or gens. The earliest written records of the Senate demonstrate that the dual consulship was brought about in the 6th century BC after a need for an executive. By the time of the early Latin and Alban monarchy, the Senate grew to nearly 500 men or more. |
| c. 1st century | Consilium Imperatoris | Creation of a consultative body of advisors, gradually replacing the Senate in legislative primacy. The council was originally comprised of the consuls, and prominent senators. It later grew to include newly created court and administrative offices separate from the Senate. Today these high offices are collectively referred to as the vir illustre (sing. vir illustris). Today the council also includes numerous magisterial offices. |
| 378 AD (continually updated) | Codes of Law | Replaced the previous Martii Code (3rd century AD) and contained most existing Imperial laws or edicts issued by the Emperor. Over time, the Code of Law first issued by Emperor Constantine I in 378 grew to include new laws with annual updates of Acts of Orders passed and assented by the Monarch. In its modern form, the Code of Law holds little resemblance to the original code issued in 378, though is the primary source for codified law as introduced by the Monarch or the Senate. Today the Code of Law is a compilation and codification of the general and permanent statutes of Latium. |
| 1012; amdn. 1843 & 1951 | Acts of Succession | Governs procedures for Succession to the Latin throne. Succession has undergone numerous amendments over the years, placing restrictions on the ability to qualify in the line of succession, such as being an adherent of the Fabrian Catholic Church, marrying a member of the "Latin Church", and sovereign's consent to royal marriage. As of the 1012, succession is governed by male-preference primogeniture. The Catholicism requirement in succession laws is often cited by jurists and lawyers as affirmation of it's status as the state faith. |
| 1629; amdn. 1722 & 1981 | Abolition Edict | A process originally begun in 1629, the Edict abolished the already declining feudal system in Latium, by making all feudal lords into lords by writ. The Edict replaced all feudal military obligations of the landed nobility, imposed taxes instead of rent being paid to the Crown. Led to the creation of Propraetorships; Urban Prefects remained unchanged under the Edict. |
| 1864 | Theophylactian Reforms | Reforms of Theophylactus I Augustus to extend suffrage the ability to stand for a seat in the Senate to all literate, landowning male citizens of Latium. Reforms to the government resulted in the Senate regaining some legislative powers, and a senority distinction in the dual consulship, the senior serving as the nominal head of government, the junior as deputy. |
| 1954 | Acts of Constitutional Reform | The ACR consists of ten articles that focused on the national framework of the Imperial government and rights of Latin citizens. The first four articles broadly pertain to institutions of the Latin government, including the Crown and Senate. These articles focus on the continued usage of constitutional convention and a continuation of the existing constitutional framework. The remainder of the ACR sets out various rights granted to and duties of Latin citizens, such as equal protection under the law, right to assembly, freedom of the press, freedom to work, right to property and education and the ability to freely exercise religion. Voting rights were not discussed in the ACR. The ACR also restricted the ability to prosecute under lex maiestatis laws, only providing protection to the Emperor, Empress, and all princes and princesses of Latium. Various citizenship or nationality laws were enacted under the ACR, found in Article Seven. No amendments have been directly made to the ACR, however, more recent Acts of the Senate, and Imperial Orders have been passed which in turn nullify certain provisions of the original document, for example most of the provisions concerning the judiciary in Article Four. While the ACR is often cited as one of the most important constitutional documents, the continued reliance on convention prevents the document from being considered Latium's constitution. |
| 1958 | Harcourt Treaty | |
| 1961 | Voting Rights | Following negotiations between government and the Crown, universal voting rights were established via Imperial Edict. Prior to it's enactment, eligibility to vote was limited to male citizens. Upon passage of the edict, woman finally achieved the right to vote and stand for public office. |
| 1967; amdn. 1999 | Curiate Assembly Reform Act | The first rendition of CARA saw the removal of law lords as Imperial appointed Senators, requiring members of the judicial body to be appointed by the Monarch upon the approval of the Senate with members of the top judicial body serving for terms of ten years. Amendments to CARA were enacted in 1999, replacing the Curiate Assembly with a new Supreme Court of Latium. The new Supreme Court would consist of nine Lord or Lady Justices. Judges of the Supreme Court are appointed by the Monarch upon the advice and consent of the Senate. Following the 1999 amendments, the Supreme Court became the highest court of last resort in Latium for all legal issues with the exception of administrative law cases in most regards. These administrative issues are still handled by the Curiate Assembly. |
Constitutional conventions
Constitutional conventions are the body of law developed by Latium through the relationship of the Crown and Senate since the 11th century. These conventions are largely informal, and in some cases not founded in written form. As such, they are generally unenforceable in the courts, prompting the Senate to attempt and codify particular conventions in statutory form by Act of the Senate. While some conventions were codified in the Acts of Constitutional Reform, many attempts by the senate ultimately resulted in failure following refusal of Imperial assent. Some of the most prominent constitutional conventions are:
- The Monarch will accept a dissolution of the Senate if requested. This has no bearing on the Monarch's ability to dissolve the Senate and call for early elections without an appeal by the Senate or Consul.
- The Consul is, nominally, the head of government.
- The Consul is, nominally, the leader of the party in the Senate with the majority of seats or a plurality of seats in a functioning coalition of parties.
- Cabinet members and ministers with portfolio are members of the Emperor's Council. Key leaders of the minority and spokesperson positions may also be members of the Emperor's Council.
- Treaties, even if previously afforded Imperial assent, are not ratified until successful passage through the Senate and the proper statutory provisions are enacted.
- The Monarch nominates and appoints Cabinet ministers and then presented to the Senate for confirmation or rejection by a simple majority; this convention has thus far not been applicable to the Attorney General or Minister of Defense, whom the Monarch has the sole discretion in appointment.
- The Monarch is the commander-in-chief of the military, and may freely organize its command structures and appoint, nominate, or promote commanders at his or her discretion.
- Under the ACR, the Monarch is granted the ability to declare war. While war has yet to be declared by Latium under these guidelines, the Ravenna Convention states that the Monarch should consult with the Senate prior to any declaration of war. Neither the ACR, nor constitutional convention cover the topic of military action that occurs without a formal declaration of war.
- The Monarch controls foreign affairs of the state, and may recognize foreign nations and appoint ambassadors. By convention, a vote is held by the Senate prior to any recognition or appointment.