Basic Law of the Commonwealth of Azmara

Basic Law of the Commonwealth of Azmara
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.

Alþing

The third section consists of nineteen articles which detail the composition and procedures of the Alþing, the country's bicameral national legislature. It opens with Article 17 which serves as a declaration of parliamentary sovereignty within the confines of the Basic Law and Article 18 which establishes the Landsmot as the lower house and the Folksmot as the lower house.

The next five articles detail the amount of members in each chamber - 150 in the Folksmot and 75 in the Landsmot - and then lay out the selection method for members of either chamber and the eligibility requirements for both chambers and specify a term length of three years. While the Folksmot's members are elected through proportional representation using the provinces as constituencies and any citizen over the age of eighteen can run for its elections, the Landsmot has a significantly more complex selection method: each provincial government appoints five members, who may be any Azmaran citizen over the age of eighteen, while thirty-five members are chosen through "functional constituencies" intended to represent various sectors of Azmaran society. These are: trade union members, employers' organisation members, agricultural and small business organisation members, those with a masters' degree or above from an Azmaran university and members of cultural organisations.

Articles 24-27 lay out procedures post-election of either chamber, requiring each chamber to meet no less than two weeks after the election. It is then required in this first meeting that the chamber elect a President through procedures laid out in Article 25 to convene, moderate and regulate future meetings of the chamber. It is also required that each member swears to "uphold the values of the Commonwealth as enshrined in these basic laws" and to "work to promote the welfare and prosperity of the people of the Commonwealth", and that each chamber shall sit for at least one hundred and forty days a year.

The next two articles outline how each chamber shall make decisions: Article 28 specifies that for any decision to take effect a quorum of at least half the chamber in question, while Article 29 states that when this is reached decisions passed by a simple majority of all votes cast shall take effect.

Articles 30 and 31 both establish legislative oversight of the executive. The former establishes a system of committees, recommending that one be established to shadow each minister yet giving the legislature the right to form additional committees if it sees a need to, and gives the committees the right to summon relevant ministers or representatives of provincial or local governments to provide needed information, while the latter extends this right to sessions of a chamber as a whole.

The final four articles of the section are intended to give greater accountability to the legislature and protect its members from politically motivated prosecution. Article 32 prevents members of the Alþing from being prosecuted for statements made in the chamber unless such statements are ruled to be explicitly defamatory, while Article 33 prevents members from being arrested without the consent of their chamber as a whole unless specifically caught in the process of committing a crime. Meanwhile, Article 34 requires members to declare all potential conflicts of interest with their role as legislators and prevents them taking government contracts and Article 35 requires all sessions of the Alþing to be conducted openly, giving members of the public the right to view and record sessions.

Legislation

Section 4 consists of six articles outlining the way various forms of law are made by the Alþing. Article 36 outlines the way by which bills may be submitted to either chamber of the Alþing, amended by said chamber and then the procedure through which it shall be passed in the other house. Notably, it establishes imperfect bicameralism - if a bill passed by the Landsmot is rejected by the Folksmot it is rejected outright, while if a bill passed by the Folksmot is rejected by the Landsmot it is merely delayed for a year. It also establishes that bills amended when passed by the other chamber shall be sent back to the chamber they originated in for approval.

Article 37 then establishes that the Folksmot's approval is required to pass the government's budget and if it is not given then it is considered that the government has lost the confidence of the Folksmot. Article 38 then requires that both chambers approve a proposed international treaty for it to be ratified and Article 39 establishes that the Alþing may include provisions on a bill requiring them to be submitted to referenda to officially come into effect for matters it believes to be controversial.

Articles 40 and 41 then establish the procedure through which the Basic Law may be amended, requiring the same three-fifths absolute majority of a joint sitting as the removal of a sitting President. However, any articles in Sections 1, 8 and 9 also require the backing of the electorate in a referendum.

Executive branch

Section 5 establishes the Government, or Wisemaanenmot, of Azmara. This is established in the first two articles of the section to consist of sixteen members, one of which is the Thingspeaker and shall serve as the primus inter pares leader of the Government. They are required to have the confidence of the Folksmot, and if the Folksmot refuses confidence in the Thingspeaker and a new Thingspeaker is not chosen it is considered to be akin to the dissolution of the legislature.

While it is established in Article 44 that the Thingspeaker may appoint any member of the Alþing to their Government in whatever position they wish, Article 45 makes it clear that at least one member of the Government must serve in the roles of Minister for Finance and Economic Affairs, Minister for Internal Affairs and Minister for Foreign Affairs, and also that one minister in another department must serve as Attorney-General and be independent of party affiliation. However, it is also explicitly stated that the other ministers may be appointed to oversee whatever ministries the Thingspeaker wishes.

Articles 46-48 outline the functions of the Government, with the Commonwealth's administrative institutions being placed under the authority of the Government and it being established that the Thingspeaker shall chair meetings of the Government and appoint a Deputy Thingspeaker to preside over meetings they cannot attend, with the purpose of meetings to be to discuss legislation proposals and matters involving more than one department and to solve any issues with Government policy raised by any members of the Government.

Provinces

Section 6 consists of six articles outlining the structure of provincial governments. The first two articles establish provincial legislatures for each province and for the Free City of Aalmsted and establish them to be elected through proportional representation for terms of four years.

Article 51 then establishes that legislatures in the seven provinces shall elect a Provisional President through a simple majority and gives him the right to appoint a Provincial Government to help administrate the province, while Article 52 establishes a directly elected mayor for Aalmsted and gives them the right to appoint a Free City Government to help administrate the city.

Article 53 establishes that all of these created offices shall be required to swear to uphold the values of the Basic Law, while Article 54 gives the national government the right to delegate whatever powers it wishes to each of the provincial governments.

Courts

Consisting of only three articles, Section 7 is the shortest section of the constitution. Article 55 establishes district and provincial courts as well as a national Supreme Court, while giving the right to create national courts dealing with specific issues to the national government. Article 56 then establishes judicial independence and Article 57 establishes that the Supreme Court shall consist of seven judges appointed by the Government for ten year terms then confirmed by the Landsmot.

Civil Rights

Section 8 largely consists of a bill of rights, and is considered to show heavily the influence of the left-liberalism of its author, Aarne Aansgaarsun, as it provides both many positive and negative liberties to the people of Azmara, with multiple rights being guarantees of various forms of social welfare.

The rights that the constitution gives to the people of Azmara are as follows:

• Equality before the law: Article 58 declares that the principle of "equality before the law and before the courts shall be paramount" and specifically decrees that the rights of men and women shall be equal and equally important.
• Right to life: Article 59 guarantees the right to life to all in Azmara and confirms that this means that the death penalty shall be "forbidden in both times of war and peace", and as of the 1995 amendment to the constitution specifically confirms that this right should not be considered to ban abortion before 12 weeks or in cases of risk to the mother's life.
• Right to a fair trial: Article 60 gives all the right to a fair trial, including the rights to trial by jury and to legal defence and enshrines the principle of innocent until proven guilty.
• Right to liberty and security: Article 61 guarantees the right to liberty and security to all and prevents it from being abridged without a fair trial and without violating a crime clearly laid out in law.
• Prohibition of cruel and unusual punishment: Article 62 forbids both torture and cruel and unusual punishment through the "right to human dignity".
• Right to privacy and property: Article 63 guarantees both the right to a private life and private property, laying out that the latter can only be abridged for the public good and in exchange for appropriate compensation.
• Freedom of movement: Article 64 gives all the right to freely move around the country and choose their place of residence within it as well as give residents the right to enter and leave the country at will and be protected by the Azmaran government while abroad.
• Freedom of speech and expression: Article 65 gives the right to all to freely speak and express their views while also expressedly forbidding censorship. It also, since the 1995 amendment, clarifies that freedom of speech does not defend defamation, libel or hate speech.
• Freedom of thought: While specifically referring to the "right to hold and practise" "thoughts, opinions and beliefs", it is usually interpreted that Article 66 also implicitly guarantees freedom of religion.
• Freedom of assembly: Article 67 guarantees the right to "freely attend peaceful meetings and protests" and also grants the right to address petitions and questions to national, provincial or local governments and expect a reply.
• Freedom of association: Article 68 specifically grants the right to form political organisations and the right for said political organisations to register for elections, while also guaranteeing the right for trade unions and employers' organisations to negotiate with the government on economic and labour policy and giving unions the right to strike, with the exception of police and military unions.
• Right to work: Article 69 gives all the right to work in whatever profession they desire so long as they are qualified for it, while also banning forced labour.
• Right to rest and leisure: Article 70 gives all the right to rest "on the Sabbath and national holidays" while also giving them the right to five weeks' paid vacation and to "appropriate compensation for work done".
• Unemployment insurance: Article 71 guarantees the right to support from the state from those who are unemployed, elderly or disabled.
• Right to marriage and family rights: Article 72 guarantees numerous rights to the family, guaranteeing the right to marriage and committing the state to honour the institutions of marriage and the family through defending the rights of children and guaranteeing parental leave as well as support to disabled children and orphans.
• Right to education: Article 73 guarantees all a right to an education, specifically to "allow them to fully participate as members of a sophisticated society" and commits the state to provide free primary and secondary education.
• Right to healthcare and right to housing: Article 74 guarantees a right to both healthcare and housing for all, and specifically stipulates that both should be "affordable" and the housing "fit for human habitation".
• Academic and creative freedom: Article 75 guarantees the right to "freely pursue the advancement of scientific knowledge" and also guarantees the right to "culturally enrich the nation".
• Copyright: Article 76 acts to supplement Article 75, committing the state to support "nationally important endeavours" in arts and science and to protect the intellectual property of those involved in the endeavours.
• Environmental protection: Article 77 guarantees the right to "enjoy and appreciate the national beauty of the Azmaran nation" and commits the government to acting to protect the environment. Initially referring to national parks, this has been reinterpreted in modern years with the increasing threat of climate change.

Citizenship

Section 9 finishes the constitution by giving the definition of Azmaran citizenship and of its rights and duties. Firstly, Article 78 establishes jus sanguinis as the basis of citizenship, with citizenship being transferred through having a parent with citizenship, while also providing a path to citizenship for immigrants by allowing those who have lived in Azmara for ten years and "have sufficient knowledge of the Azmaran nation and the principles embedded in these basic laws".

This is followed by Article 79, which specifically bans those with noble titles from taking Azmaran citizenship, and Article 80 which prevents the state from revoking Azmaran citizenship under any circumstance.

Article 81 then grants "the inalienable right and duty to vote" to all with citizenship who are 16 and over, as well as giving them the duties of serving on a jury, paying taxes on their income and purchases and entering national service in a state of war.