Constitution of Montecara

The Constitution of Montecara is the fundamental law that outlines the government and basic laws of the city-state. It is not a single, codified document; rather, it consists of two books plus the Instrument of Ratification adopted in 1936.

Contents

Instrument of Ratification

Adopted in 1936, approximately a year after the end of Gaullican rule, the Instrument of Ratification enabled the rebirth and revision of the Montecaran constitution. It spells out the documents that make up the constitution and defines the conditions necessary for the changes to be ratified.

Book I: The Republic

This book defines the state as a republic and lays out its fundamental institutions: the Senate, Popular Assembly, courts of law, communes, and various other councils and bodies.

Chapter I: Statute of San Stefano

Adopted on 26 December 1117, this chapter makes up the earliest part of the Montecaran constitution. Seeing the need to memorialize the form of government which by that time was a mixture of Solarian law and native tradition, the burghers of Montecara drafted and subscribed to a document that enumerated civil and political rights and delineated the power of the Senate and Doge. It is one of the earliest constitutional documents in the world and the oldest still (partially) in force.

Chapter II: Statute of Government

This chapter was one of the major reforms instituted when the constitution was revised wholesale in 1935 and 1936. It revives and modernizes the Montecaran system of government and especially empowers the Popular Assembly as a full chamber of the legislature.

Chapter III: Statute of Election

This chapter, originally adopted in 1270, provides the methods for electing and appointing state officials.

Chapter IV: Statute of Justice

Adopted in 1291, this chapter governs Montecara's courts of law.

Book II: The Rights and Duties of the People

This book functions as a bill of rights.

Chapter I: Statute of Provision

Adopted in 1645, this chapter was intended to formally define the government's responsibilities toward the welfare of the Montecaran people.

Chapter II: Statute of Rights

Adopted as part of the major revision that took effect 9 July 1936, this modern bill of rights defines the fundamental human and political rights of Montecaran citizens.

Constitutional conventions

Certain concepts, while not expressed in the text of the constitution, 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.