This article belongs to the lore of Musgorocia and the Southern Furukuran Sea.

Constitution of Carloso

Constitution of the Federal Republic of Carloso
Constitución de la República Federal de Cárloso
Coat of arms of Carloso.png
Date effective20 June 1956
Author(s)Emmanuel Sartega
PurposeTo replace the Constitution of the Republic of Carloso

The Constitution of the Federal Republic of Carloso (Spanish: Constitución de la República Federal de Cárloso), commonly referred to simply as the Constitution of Carloso or the 1956 constitution is the fundamental law of Carloso. While it is widely regarded to fall within the tradition of liberal Western democracy, recent amendments have been referred to as illiberal by some commentators.

The Constitution created a system of representative democracy in Carloso, inherited from the previous constitution, but established Carloso for the first time as a federation of administrative provinces rather then a unitary state. While generally categorised as a federal republic, Carloso under the 1956 constitution is often referred to as a 'quasi-federal' or a 'unitary state with a federal spirit', due to the limited powers delegated to the provinces and the supremacy of the central government.

Background

History

Influences

Prior to joining the Carlosian Army, Emmanuel Sartega had studied law at the College of Our Lady of Victory in Toro.

The thirteenth century Catholic philosopher and theologian Saint Thomas Aquinas is considered to be a major influence on the Constitution of Carloso, in particular his Treatise on Law within the Summa Theologiae.
The Roman politician and philosopher Cicero, also considered to be a major influence. President Sartega often referred to Cicero's ideal constitution within De Legibus.

Main provisions

Original text

Preamble

The People of the Carlosian nation, in the name of the countless martyrs who fought for and died for the eternal freedom of our country and her children, comforted throughout the ages by Faith in the Most Holy Trinity and our Lord Jesus Christ, the Son of God, do assert ourselves as a free and sovereign country. Seeking to forge a nation of prudence, justice, temperance, and courage, we strive to promote the common good and rule of law, the freedom of the individual, the establishment of a moral society and the supremacy, above all, of the natural law. In recognition of the solemn duty of the Government to first and foremost ensure the safety and welfare of its electors, we the Carlosian people do hereby adopt and enact this constitution.

Amendments

Judicial review

Controversies

Status of the preamble

English versus Spanish texts

Issue of state religion

While the preamble of the Constitution refers to both the Holy Trinity and the Lord Jesus Christ, the Federal Republic of Carloso was established as a de jure secular state. In reality, President Sartega; who was well known for his admiration of Saint Augustine of Hippo and in particular Saint Thomas Aquinas, took heavy influence from Roman Catholic teachings. Under the guidance of the Archbishop of Madrigal, David McMillan, the Constitution recognised "the special position of the Christian churches in Carlosian society as being necessary for public morality and order", stopping short of recognising the Catholic Church exclusively in order to placate Anglicans and Presbyterians.

Right to life of the unborn

Same-sex marriage

Influence outside Carloso