Constitution
| Constitution of the Eastarland Empire | |
|---|---|
 The Constitutional Assembly adopts the Constitution, by Gunnars Vējš | |
| Created | May 3, 1855 |
| Ratified | May 17, 1855 |
| Location | Palace of the States General of Eastarland Empire Hansakalns, Eastarland |
| Author(s) | Constitutional Assembly |
| Signatories | 100 members of the Constitutional Assembly |
The Constitution of the Eastarland Empire (Satversme) is the supreme law of the Eastarland Empire. The document, consisting of six articles and fifteen amendments, outlines the scope and powers of the Eastarland government.
After the victory of the Coalition over the Castarilian Empire, led by King Selia and Prince Baltesia, Selia became not only the basis of the federal coalition, but also the center of consolidation of the Eastarland monarchies into a new Common Livurian state. After the triumphant victory at the Battle of Libna, during which the Castarilian Emperor Philip II was captured and executed, the West Eastarland states began negotiations with Selia to join the Coalition.
After the final unification into a single state in 1804, it was decided that it was necessary to leave its Constitution to each union state in order to preserve the equality of the member countries of the Empire. However, each state had its own laws, and the responsibility for the same violations was different, which led to the migration of people from one state to another, and the flight of criminals across internal borders, since according to the Union Treaty, all internal borders should be fully open. This led to intra-union conflicts, which undermined the integrity and unity of the member countries of the Empire.
On December 8, 1851, by order of the Emperor Frederick IX, the Constitutional Assembly was created to develop a Constitution common for the entire Empire, which would not infringe on the rights of the member states, but would have priority over the laws of the member states. On May 3, 1855, at a meeting of the Constitutional Assembly, the draft Constitution of the Eastarland Empire was finally adopted by all members of the Assembly and signed by Emperor Armīns IV. It was announced through the press that the Constitution would enter into force exactly two weeks later, on May 17, 1855. All member states signed the draft Constitution, approving it, and recognizing its supremacy over the laws of their countries.
Text
THE CONSTITUTION OF THE EASTARLAND EMPIRE
ratified and proclaimed by the Eastarland Council of Ministers
on the 20th day of September, One thousand eight hundred and fifty-five
Preamble
His Majesty the King of Selia, His Majesty the King of Jurbarkas, His Majesty the King of Taavetti, His Royal Grace the Prince of Baltesia, His Royal Highness the Grand Duke of Zhaluky and His Royal Highness the Grand Duke of Abrene, we conclude an eternal alliance to protect the Union territory and the law applied throughout it, as well as to ensure the welfare of the Trondian people. This union will be called the Eastarland Empire (Austrumzemes Impērija) and will have the following
Constitution.
Article I. General Provisions
1. The Eastarland Empire is a parliamentary constitutional and federal union of monarchy, created by the will of the Livurian people to unite the Eastarland lands, to protect and ensure rights and freedoms, to protect the sovereignty, freedom, identity and prosperity of the Livurian people and the Eastarland state.
2. The flag of Eastarland Empire shall be the canvas with an aspect ratio of 2: 3, divided horizontally into two equal sides (the upper part is blue, the lower part is gold). From right to left is the red and white Eastarland cross. At the intersection of the vertical and horizontal stripes of the cross is the coat of arms of the Farenburg dynasty.
3. The language of the Eastarland shall be the Letian, Levurian, Trondic.
4. The motto of the Empire shall be "Fidelitas ad supernae patriae desiderium et coronam", which in the Letian means "Loyalty to the Crown and Fatherland".
5. The Union territory consists of states: Federal city Hansakalns, Kingdom of Selia, Kingdom of Jurbarkas, Kingdom of Taavetti, Principality of Baltesia, Principality of Kieriniki, Grand Duchy of Abrene, Grand Duchy of Jurkrasts, Grand Duchy of Kulaiga, Grand Duchy of Rautensey, Grand Duchy of Zhaluky, Duchy of Brandow, Duchy of Gubray, Duchy of Koppola, Duchy of Kurona, Duchy of Laciden, Duchy of Suodenniemi, Duchy of Vanhamoisio, Duchy of Zhuklia.
a. Throughout this union territory, the Empire enjoys the right to legislate, applying to the content of this constitution, with such an effect that imperial laws take precedence over regional laws. Imperial laws are made binding by publication in the "Likumdošanas Lapa". If the published law does not specify a specific period from which it becomes binding, then the latter begins on the 14th day, counting from the day when the corresponding copy of the Lovgivningsark was issued in Hansakalns.
Article II. Senate
6. The Senate of the Eastarland Empire is the upper house of the bicameral parliament (States General) of the Eastarland Empire. It consists of representatives of the states that make up the union, among which the votes are distributed in such a way that
Hansakalns. . . . . . . . . . . 3
Selia . . . . . . . . . . . . . . . . 8
Jurbarkas . . . . . . . . . . . . 8
Taavetti. . . . . . . . . . . . . . 8
Baltesia. . . . . . . . . . . . . . 4
Kieriniki . . . . . . . . . . . . . 5
Abrene. . . . . . . . . . . . . . 5
Jurkrasts . . . . . . . . . . . . 5
Kulaiga . . . . . . . . . . . . . 5
Rautensey . . . . . . . . . . .5
Zhaluky . . . . . . . . . . . . . 4
Brandow . . . . . . . . . . . . 3
Gubray. . . . . . . . . . . . . . 3
Koppola . . . . . . . . . . . . .4
Kurona. . . . . . . . . . . . . . 3
Laciden . . . . . . . . . . . . . 3
Suodenniemi . . . . . . . . 3
Vanhamoisio . . . . . . . . 3
Zhuklia . . . . . . . . . . . . . 4
Lusivets . . . . . . . . . . . . .36.1. Each member of the union (each state) can present as many delegates to the Senate as it has votes, but all of its votes can only vote in one sense.
7. Senators are elected by indirect ballot for a four-year term by the members of the States Councils (Valsts Seima) of the Empire, every four years after elections to the States Councils.
8.If a Member State of the Empire wishes to replace its Senator, the Senate must be notified seven days in advance to initiate the revocation procedure.
8.1. If the senator for health reasons can no longer fulfill his duties, the head of the Member State of the Empire may appoint a representative to the vacant office without the consent of the States Councils of the Member State.
9.The Senate decides:
a. On the proposals submitted to the Seima, and on the decisions taken by the latter.
b. About the administrative orders and instructions necessary for the implementation of imperial laws, since they are not directly defined by any imperial law.
c. About the shortcomings that appear in the execution of imperial laws, or in the above-mentioned prescriptions or instructions.
d. Each member of the union is authorized to make proposals and report them, and the president is obliged to subject them to discussion. The decision is made by a simple majority of votes.
e. Votes not presented or without instructions are not counted. In case of equality of votes, the vote of the president decides. When deciding on any subject that, according to the definitions of this constitution, is not common to the entire empire, only the votes of those allied states to which this subject concerns are considered.
10.Every member of the Senate has the right to appear in the Seima, and must be heard there, as soon as he wishes so, in order to express the views of his government in this way, even when they are not approved by the majority in the Senate.
10.1. No one can be a member of the Senate and the Seima at the same time.
11.The Emperor is responsible for the provision of diplomatic protection to the members of the Senate.
Article III. Seima
12. The Seima of the Eastarland Empire is the lower house of the bicameral parliament (States General) of the Eastarland Empire. The members of Seima are elected through nationwide direct elections with secret ballot and proportional system.
13. No dismissal is required for government officials to enter the Seima. When a member of the Seima assumes an imperial office with support, or in a union state receives a position with support, or in the imperial service, as well as in the service of a separate state, receives a new position associated with an increase in rank or content, then he loses his place and a vote in the Kejsarstag and can only get it again through a second election.
14. The debate in the Seima takes place in public. An account of the debate that takes place in public meetings of the Seima, in accordance with the truth, remains free from any responsibility.
15.The Kejsarstag has the right to propose laws within the imperial competence and to transmit petitions directed to it to the Senate and the Prime Minister.
16.The legislative period of the Seima lasts four years. The dissolution of the Seima during this period requires a decision of the Senate with the consent of the Emperor.
17. In the event of a dissolution of the Seima, voters must reconvene within a 60-day period after the dissolution, and the new Seima within a 90-day period thereafter.
18. Without the consent of the Seima, the adjournment of its meeting must not exceed 30 days and cannot be repeated in the same session.
19.The Kejsarstag reviews and approves the powers of its members. He regulates discipline through a bylaw and chooses his own president, vice president, and secretary.
20.The Kejsarstag decides by an absolute majority. For the validity of its decision, the presence of a majority of the legal number of members is required.
21. The members of the Seima are representatives of the whole people and are not bound by any assignments or instructions.
22. No member of the Seima can ever be lawfully or disciplined for casting a vote or for opinions expressed in the exercise of his duties, nor can he be held liable outside the assembly in any other way.
23. Without the consent of the Seima, not a single member of it can be prosecuted during the session or arrested for any punishable act, except if he is captured while committing this act, or during the next day. The same consent of the Kejsarstag is required for arrest for debts.
23.1. At the request of the Seima, all criminal proceedings against any of its members and any investigative or civil arrest shall be terminated during the session.
24. Members of the Seima do not receive, as such, any salary or remuneration.
Article IV. Monarchy
25. The right to the throne is inherited and belongs to the legitimate heirs of the Farenburg dynasty.
26. After the death of the Emperor, the right to the throne passes through the line of succession to the eldest legal heir of the Emperor; this rule of inheritance also applies to the descendants of the Emperor's heir if the heir dies before the Emperor's death. If the Emperor has no heirs, the right to the throne passes to the eldest legal heir of the Emperor's parents, and in his absence, to the eldest legal heir of the predecessors of the Emperor's parents in the line of direct inheritance, distant, however, from the deceased Emperor by no more than three degree of kinship.
27. For the purposes of determining the succession of inheritance, a child conceived before the death of the Emperor is considered to be born on the day of his death. In the event of the birth of a stillborn child, this presumption is invalidated.
28. The succession of succession to the throne in case of abdication is determined according to the same rules set out above. Children born after abdication, as well as their descendants, are excluded from the line of succession.
29. A Emperor is considered to have abdicated the throne if he enters into a marriage not approved by an Act of Parliament.
29.1. Any person included in the line of succession, if he enters into the same marriage, is excluded from the number of heirs along with children and other descendants.
29.2. The decision on the adoption of the Act of Approval of Marriage is taken by both houses of the States General (Parliament) at a joint meeting.
30. An Act of Parliament may exclude one or more persons from the line of succession if extraordinary circumstances so require.
30.1. A bill on such matters shall be submitted by the Emperor or on behalf of the King. This bill is adopted by a majority of at least two-thirds of the votes.
31. An heir to the throne can be appointed by an Act of Parliament if the Emperor has no heir. A bill on such a matter is introduced by the Emperor or on behalf of the Emperor, after which the Chambers of the States General are to be dissolved. Chambers of the States General of the new convocation are considering this bill at a joint meeting. The bill is adopted by a majority of at least two-thirds of the votes.
31.1. The Chambers of the States General shall be dissolved if, in the event of the death or abdication of the Emperor, there is no heir to the throne. The new Chambers of the States General shall meet in joint session within four months after the death or abdication of the Emperor to decide on the election of the Emperor's heir. The heir to the Emperor is elected by a majority of at least two-thirds of the votes.
32. Only his direct heirs through the line of succession can inherit the chosen Emperor.
32.1. The provisions on succession of succession and the provisions of the first paragraph of this article shall apply by analogy to an elected heir to the throne prior to his accession to the throne.
33. Assuming the powers of royalty, the Emperor swears in and ascends to the throne in the capital, Hansakalns, at an open joint meeting of both houses of the States General. The Emperor swears or solemnly vows to faithfully serve the Constitution and faithfully exercise the powers of the Emperor. Detailed regulation of the order of accession to the throne is established by an Act of Parliament.
34. The Emperor does not exercise his powers until he is eighteen years old.
35. The regency of the juvenile Emperor is established by an Act of Parliament.
35.1. The decision on this issue is taken at a joint meeting of the Chambers of the States General.
36. The Emperor may temporarily relinquish his imperial powers and resume them in accordance with an Act of Parliament. The relevant Act is presented by the Emperor or on behalf of the Emperor. Consideration of this issue and adoption of a decision on it shall be carried out at a joint meeting of both chambers of the States General.
37. Imperial powers are exercised by the regent:
a. Until the Emperor reaches the age of 18.
b. If the right to the throne belongs to an unborn child.
c. If it is decided that the Emperor is incapable of exercising imperial powers.
d. If the Emperor has temporarily resigned from his imperial office.
e. If there is no heir to the throne in case of death or abdication of the Emperor.
38. The Regent is appointed by Act of Parliament. Consideration of this issue and adoption of a decision on it shall be carried out at a joint meeting of both chambers of the States General.
39. In the cases provided for in subparagraphs "c" and "d", a descendant of the Emperor who has the right of succession to the throne becomes the regent by right, if he has reached the age of 18.
40. The Regent takes an oath or promises before both Houses of the States General that he will remain faithful to the Constitution and that he will faithfully carry out the duties entrusted to him. The rules governing how regency should be exercised are established by an Act of Parliament, which may contain provisions on succession to the throne. Consideration of this issue and adoption of a decision on it shall be carried out at a joint meeting of both chambers of the States General.
41. Article 36 applies by analogy to the legal status of a regent.
42. Imperial power is exercised by the Council of State pending another decision on the exercise of imperial power.
43. Membership in the Imperial House is regulated by an Act of Parliament.
44. The Emperor shall receive annual maintenance from the state in accordance with the rules established by an Act of Parliament. This Act establishes who else from the members of the Imperial House receives support from the state, and determines its size.
44.1. The maintenance received by the members of the Imperial House from the state, as well as other funds provided to them for the performance of their duties, are not subject to taxation. In addition, any value received by the Emperor or the heir to the throne from any member of the Imperial House by inheritance or deed of donation is exempt from inheritance, gift or assignment taxes. Additional grounds for exemption from taxation are established by an Act of Parliament.
45. The Emperor rules the Imperial House with the public interest in mind.
Article V. Emperor and ministers
46. The government consists of the Emperor and ministers.
46.1. The ministers, not the Emperor, are responsible for the activities of the government.
47. The Prime Minister and other ministers are appointed and dismissed by decree of the Emperor.
48. Ministries are established by decree of the Emperor. They are headed by ministers.
48.1. Ministers without portfolio may be appointed.
49. Ministers form the Council of Ministers.
49.1. The Prime Minister heads the Council of Ministers.
49.2. The Council of Ministers considers and makes decisions on the general policy of the government and assistance to its activities.
50. Secretaries of State are appointed and dismissed by decree of the Emperor.
50.1. The Secretary of State may exercise the powers of the Minister in the absence of the Minister, as well as in cases where the Minister considers it necessary; The secretary of state must follow the instructions of the minister in these cases, and the secretary of state is responsible along with the minister.
51. All Acts of Parliament and Decrees of the Emperor are signed by the Emperor and one or more ministers or secretaries of state.
52. The Emperor's decree appointing the Prime Minister is countered by the Prime Minister. The Emperor's decrees on the appointment or dismissal of ministers and secretaries of state are countered by the Prime Minister.
53. On assuming office, ministers and secretaries of state take an oath or make a declaration before the Emperor in the form prescribed by an Act of Parliament that they have not taken any action that may prevent them from assuming office, that they will remain faithful to the Constitution and that they will faithfully fulfill the responsibilities assigned to them.
Article VI. Fundamental human rights
(Article 6 as amended by the law of October 15, 1998, comes into force on November 06, 1998)
54. The state recognizes and protects fundamental human rights in accordance with this Constitution, laws and binding Eastarland to international treaties.
55. Everyone has the right to know their rights.
56. All people in Eastarland are equal before the law and the courts. Human rights are realized without any discrimination.
57. Everyone can defend their rights and legitimate interests in a fair court. Everyone is presumed innocent until found guilty according to the law. In the event of unjustified infringement of rights, everyone has the right to appropriate compensation. Everyone has the right to be assisted by a lawyer.
58. Everyone's right to life is protected by law.
59. Everyone has the right to liberty and security of the person. It is not permitted to deprive anyone of their liberty or to restrict their liberty in any other way than in accordance with the law.
60. The state protects the honor and dignity of a person. Torture, other cruel and humiliating attitude towards a person is prohibited. No one can be subjected to ruthless or degrading punishment.
61. Everyone has the right to privacy, home and correspondence.
62. Everyone who is legally in Eastarland has the right to free movement and choice of residence.
63. Everyone has the right to freely leave Eastarland. Anyone who has an Eastarland passport, abroad Eastarland is under the protection of the state, he has the right to freely return to Eastarland. A citizen of Eastarland cannot be extradited to another state, except in cases stipulated by international treaties approved by the States General, when the extradition does not violate the fundamental human rights determined by the Constitution.
(as amended by the law of September 3, 1994)
64. Everyone has the right to freedom of thought, conscience and religious belief. The church is separated from the state.
65. Everyone has the right to freedom of speech, which includes the right to receive, possess and disseminate information, and to express his or her views. Censorship is prohibited.
66. Every citizen of Eastarland has the right, in the manner prescribed by law, to participate in State and local government activities, as well as to serve in public service.
67. Everyone has the right to join partnerships, political parties and other public organizations.
68. The state protects the freedom of previously declared peaceful assemblies, processions, and pickets.
69. Everyone has the right, in the form prescribed by law, to apply to state and local government institutions and receive an answer on the merits. Everyone has the right to receive an answer in the Trondian language.
(as amended by the law of April 30, 2002, enters into force on May 24, 2002)
70. Everyone has the right to property. Property cannot be used against the public interest. The right to property can only be limited by law. Compulsory alienation of property in the public interest is permissible only in exceptional cases on the basis of a separate law for fair compensation.
71. Everyone has the right to freely choose an occupation and workplace in accordance with his capabilities and qualifications. Forced labor is prohibited. Involvement in liquidation of the consequences of catastrophes and employment in accordance with a court order is not considered forced labor.
72. Every employee has the right to receive remuneration corresponding to the work performed, not lower than the minimum established by the state, as well as the right to weekly days off and annual paid leave.
73. Employees have the right to collective bargaining and the right to strike. The state protects the freedom of trade unions.
74. Everyone has the right to social security in old age, in the event of incapacity for work, unemployment and other cases established by law.
75. The state protects and supports marriage, family, and the rights of parents and children. The state especially helps disabled children, children who have remained in parental care or have suffered from violence.
(as amended by the law of December 15, 2005)
76. The state protects human health and guarantees everyone a minimum of medical assistance.
77. Everyone has the right to education. The state provides the opportunity to receive free basic and secondary education. Basic education is compulsory.
78. The state recognizes freedom of scientific, artistic and other creativity, and also protects copyright and patent rights.
79. Persons belonging to national minorities have the right to maintain and develop their language, ethnic and cultural identity.
80. The state protects the right of everyone to live in a favorable environment, providing information about the state of the environment and showing concern for its protection and improvement.
81. The rights of a person established by Articles sixty-one, sixty-second, sixty-third, sixty-fifth, sixty-seventh, sixty-eighth, seventy-first and seventy-third of the Constitution may be limited in cases provided for by law to protect the rights of other people, democratic state structure, social safety, prosperity and morality. On the basis of the conditions referred to in this article, the expression of religious beliefs may also be restricted.
Head of the Constitutional Assembly Egil Hjelle
Secretary of the Constitutional Assembly Karl Austad