Constitution of the Hyonan Republic
To ensure the protection of a free and democratic sovereign state, and to preserve the principles of our people and the general welfare of the nation, the creation of the constitution of the Hyonan Republic is essential to the preservation of our values.
- 1 Fundamental Provisions
- 2 The Legislature
- 3 The Executive
- 4 The Judiciary
- 5 Elections
- 6 Administrative Divisions
- 7 Bill of Rights
- 8 Amendments
- 9 This Constitution
The Hyonan Republic is a sovereign presidential federal republic. Power of the government is vested in the people via democracy, and all execution of public powers must be via democratically enacted legislation or acts.
All documents establishing the premise of national government under the former Kingdom of Hyonaland shall be rendered null and void. The king and his family shall officially abdicate all power and transfer supreme governing authority to the newly founded Hyonan Republic, and they shall be considered ordinary citizens with all their duties to taxation suspended.
All individual legal documents and contracts shall remain under their county and national governments. All debts contracted and engagements entered shall be valid against the new Hyonan Republic. All counties formed under the Kingdom of Hyonaland shall keep their governments and their preexisting shapes, and shall be admitted into the new union as their delegations approve this constitution, with their rights in national government listed below. The unorganized territory of the north and west shall be transferred to the direct administration of the federal government to be organized.
No title of nobility shall ever be granted in the Hyonan Republic.
All legislative power shall be vested in the Astekantenen, which consists of the House of Constituents and the House of Parties.
The House of Constituents
The House of Constituents shall be the upper house of Astekantenen and consist of representatives elected every four years in their respective constituencies or counties. The number of total seats in the House of Constituencies shall be the cubic root of the population, rounded to the nearest whole, according to the most recent census. Seats shall be apportioned to each county proportionate to population, but each county must have at least one representative. All territories shall be grouped under one constituency.
Counties shall decide the method of constituency voting in their respective county. They may choose from a single-member constituency system, multi-member constituencies with either ranked or approval voting, a county-wide proportional vote, or a county-wide ranked or approval voting system. If necessary, the drawing of constituencies shall be done by the Electoral Commission.
The House of Constituents will be headed by the Chair of Constituents, who will be voted for by a majority of constituent representatives, and who will control the agenda items, debate, and committees exclusive to this House, may declare special sessions of the House, and tally and submit votes on legislation for the Chair of Constituents.
Should a vacancy occur in representation, the state with the vacant constituency must decide how to fill it.
The House of Constituents will try any impeachment initiated by the House of Parties, and vote with a ⅔ majority to impeach that official. All federal officials may be subject to impeachment, but the act shall go no farther than removal from office and disqualification from holding a position in the federal government.
The House of Parties
The House of Parties shall consist of representatives appointed by parties. Each registered party shall be added to the ballot in each county and territory that they are registered in, and awarded a certain number of representatives, out of 250, proportional to the percentage of nationwide votes they receive.
Parties shall be voted for by the people every four years, but two years after the constituency and presidential elections. Parties may replace their representative if they deem them unfit to serve, and have the right to fill any other vacancies in their respective number of representatives.
The House of Parties will be headed by the Chair of Parties, who will be voted for by a majority of house representatives, and who will hold the same powers as the House of Parties but instead exclusive to this House.
The House of Parties will vote with a majority to initiate the impeachment of an official.
The two Houses shall vote with a majority to appoint a Chair of the Assembly, who will be head of government and manage the legislative agenda, oversee debate, tally votes, submit passed legislation to the President for approval, and who shall break any tie vote in either the House of Parties or House of Constituencies. A Chair of the Assembly must be appointed after each general election and must assume office before any legislation passes by a new government. Votes for the Chair of the Assembly, and for other legislative chairs, need no approval from the President.
The Chair of the Assembly must originate from the House of Parties, where they shall lose their voting power in that House and have their former seat be replaced by their party.
Should a tie occur in the vote for Chair, the President shall break the tie.
Powers of the Assembly
The Legislative Assembly shall have the power to propose and pass laws and bills as deemed necessary to the welfare, safety, and prosperity of citizens. Any representative has the power to propose laws.
The Astekantenen has specific authority to set legislation that levies uniform taxes, duties, imposts, and excises, pay debts, and provide for the general welfare of the republic;
Borrows money on behalf of the Hyonan Republic;
Coins the national currency, which shall be the only valid currency in Hyonaland, and regulate commerce between counties, territories, and foreign nations;
Establishes postal systems;
Establishes copyright and patent systems
Declares war, but does no other military action besides provide for a military under the President's demands;
Establishes a prison system, and determines the necessary punishments for federal felonies;
or designates public lands for the President to manage.
Any law or bill concerning the above shall pass with a majority vote from both Houses, unless in an instance otherwise outlined by this constitution, and be approved by the President in the executive branch, unless a presidential veto is overridden by a ⅔ majority vote in both houses.
Each House, or the Legislature altogether, may form committees to research legislative topics. Committees shall be formed for each new government, and may have as many members as necessary.
No money shall be withdrawn from the treasury except for appropriated funds granted by law, and a regular statement and account of the receipts and expenditures of all public money shall be published from time to time.
The Legislative Assembly shall have the power to authorize a national referendum, where the referential topic shall pass with a majority vote from all citizens. All citizens shall have access to vote on the referendum within 3 months of authorization.
Legislation concerning the creation or altering of national symbols, such as flags, seals, or the national capital, demands some sort of input from citizens.
Representatives and other government officials are entitled to compensation for their services. That compensation shall be paid out of the tax dollars in the Ministry of the Treasury, and shall be an amount set by the Legislature.
Executive power in the Hyonan Republic shall be vested in a President, their Cabinet, and other created departments and agencies.
The President shall be elected every four years, as the House of Constituents is, via ranked choice voting. The vote for President shall consist of multiple rounds, the first where the first choice of voters is tallied and percentages calculated, and should no candidate have received a majority of the vote, the candidate with the least percentage of votes shall be stricken and the second choices of their voters shall add to the percentages of the rest of the candidates. This process shall repeat until a candidate receives a majority of the vote and be declared a winner. Alternatively, if the percentages of the vote are distributed so that only two candidates can possibly win, the candidates in 3rd place and below shall be stricken, and have their voters' second choices added to the top two candidates.
Should the President be removed from office during their term, either by death, impeachment, resignation, or being deemed unfit to serve the role, Presidential power shall transfer to the Chair of the Assembly, who will be replaced by the Legislative Assembly.
The President must approve or veto all legislation passed by the Legislative Assembly, but a veto may be overridden with a ⅔ majority from both Houses in the Legislature.
The President may issue executive orders in a time of crisis, providing that such orders are constitutional, and that such orders expire at a point within the President's term. The Legislative Assembly may overturn executive orders with a ⅔ majority as they see fit.
The President must appoint advisors employed by the Executive branch.
The President may pardon anyone convicted of a crime.
The President shall be the Commander in Chief of the military. They shall manage all affairs concerning the military, except for the act of declaring war, and shall use funds from the Legislative Assembly to provide for the military via a Ministry of Defense.
The President shall have full authority over treaties and alliances, unless ⅔ of the Legislature disagrees with their actions, and to appoint ambassadors to work under a Ministry of Foreign Affairs.
The President shall have full authority to manage the public lands and parks created by the Legislative Assembly through a Ministry of the Interior.
The President shall oversee the Ministry of the Treasury, which will handle all tax money as per the demands of the Legislative Assembly.
The United States government will be represented in legal cases by the Attorney General of the Ministry of Justice, employed by the executive branch
The President may create other ministries, departments, and agencies as they see fit, but those ministries, departments, and agencies may be suspended with approval from ⅔ of the Legislative Assembly. The Legislative Assembly may also establish ministries, departments, and agencies for the President and their Cabinet to manage. The President shall take care that the laws passed by the Legislature be faithfully executed, and shall commission all the officers of the Hyonan Republic.
When a vacancy occurs in a position on the Superior Court, the President shall have the power to appoint new Superior Court justices, but those justices must be approved by the Legislative Assembly.
The President shall, every once in a while, deliver an address to the Legislature on the State of the Republic, where they shall recommend the consideration of certain measures.
Judicial power in the Hyonan Republic shall be vested in a Superior Court of seven justices, and other created inferior courts.
The Superior Court's power shall extend to all cases concerning this constitution, and the Court shall determine whether any action taken by the Legislative Assembly or the Executive branch is constitutional, and should they fail to meet the requirements of the constitution, the Superior Courts shall suspend such action. Controversies where the Hyonan Republic is a party, or controversies between counties and/or territories, or between a county or territory and a citizen of another, shall originate in the Superior Court. In all other cases, the Court shall have appellate jurisdiction.
Justices on the Superior Court shall serve a term of 14 years, with their appointments staggered by 2 years, or until they resign, are impeached, die, or are deemed unfit to serve in any other way.
The trial of all crimes, except in the case of impeachment, shall be by jury, and shall be held in the county or territory where the crime took place. Should the crime have taken place on federal land, or should it involve a federal offense, the trail ascends to the federal courts. Federal courts shall be designated to the counties and territories by population, and each judicial district shall be drawn. These judicial districts will have designated federal courts, a bankruptcy court, and an attorney to represent the district.
Treason against the Hyonan Republic shall consist of waging a war or a coup, or in adhering to the enemy. No person shall be convicted of treason unless on the testimony of two witnesses, or on confession in court.
The Legislative Assembly has the power to declare the punishments for treason, along with the punishment for any other federal felony.
The independent Electoral Commission shall be the judge of elections and shall manage electoral affairs.
Powers of the Electoral Commission
The Electoral Commission shall count the votes in each election, shall execute the rounds of Presidential elections, shall apportion the seats for each county in the House of Constituents and, if necessary, draw the constituencies as fairly as possible, shall apportion the seats in the House of Parties, and shall determine the time, manner, and place of elections throughout the nation. They shall branch out to create divisions for each county and territory that see that elections in each subdivision are carried out faithfully and constitutionally. The Electoral Commission shall also plan and execute referendums as authorized by the Legislative Assembly.
The Electoral Commission shall conduct a census every 10 years and publish the data for all citizens to access.
Checks and Balances
The Electoral Commission shall work independently of the government, but be subject to laws from the Legislative Assembly influencing its operation, and to investigations from the Superior Court to ensure its unbiased and constitutional function.
All land administered under the Hyonan Republic shall also be administered by either a county or territory.
Provisions for Devolution
Counties are the upper level of administrative division and must have over 100,000 people and shall be formed from territories. Once a territory reports over 100,000 citizens according to the most recent census, it shall automatically become a county. County governments shall be republican, and from there they have the right to shape their own government. Counties have the jurisdiction to make policy not delegated to this Constitution or set by any federal law. It is within the command of each county and territory to draw the borders, or entrust someone to draw the borders, of the said county's legislature.
Territories are the lower level of administrative division and shall encompass all remaining land not administered by counties. Territorial governments shall fulfill the same requirements and have the same privileges as counties. However, territories may not be assigned constituencies and rather must be grouped under one managed by the Electoral Commission.
Administrative divisions may choose a regional language to better control and present information to their populus.
New land incorporated into the Hyonan Republic will be divided by a committee of the Astekantenen, and approved by a vote in the Legislature. They shall be classified as territories until the next census deems other wise.
The citizens of each county and territory shall be entitled to all privileges and immunities guaranteed by the Hyonan Republic, and each county and territory shall be protected from invasion.
A person charged in any county or territory with treason, felony, or other crime who shall flee from justice and be found in another county or territory, shall on demand of the executive authority of the state from which they fled be delivered up to be removed to the county or territory having jurisdiction of the crime.
No person shall be denied the freedom of movement between one subdivision and another.
No tax or duty shall be laid on articles exported from any county or territory.
No preference shall be given by any regulation of commerce or revenue to the ports of one county or territory over those of another: nor shall vessels bound to or from one subdivision be obliged to enter, clear, or pay duties in another.
No county or territory under the control of the Hyonan Republic shall enter any treaty, alliance, or confederation; coin money; omit bills of credit; lay any imposts or duties on imports or exports; lay any duty of tonnage; keep troops or ships of war in time of peace; enter into any agreement or compact with with a foreign Power; or engage in War, unless actually invaded, to which the Hyonan Republic shall come to aid.
Land may be transferred between counties and territories with the consent of the Legislatures of both parties.
Rights of Administrative Divisions
Counties and territories have the right to secede from the union, providing that the Legislatures of such county or territory agrees, and a referendum issued by the Electoral Commission to specifically that county or territory succeeds with a supermajority. However, they may not secede within 20 years of the ratification of this constitution.
Unlawful succession, which may include refusal to pay the apportioned taxes, refusal to send representatives, intentionally overriding the authority of the federal government and this constitution while refusing to debate and argue in Court, or a blatant attack against the rest of the nation shall be considered treason against the Hyonan Republic, and if the county or territorial government is convicted as such, they shall be punished accordingly.
Bill of Rights
Everyone residing in or visiting the Hyonan Republic have these inalienable rights that shall not be denied by the government of the Hyonan Republic. Hyonaland abides by international human rights standards.
Right to Knowledge
Everyone has the right to know their rights, and to know what is expected of them as per the laws passed by the federal government, or by any county or territory, district, city, municipality, and the like.
Right to Citizenship
All persons born in the Hyonan Republic or the former Kingdom of Hyonaland shall automatically become citizens of the nation and of the county or territory they reside in. Foreigners who have resided in the Hyonan Republic for at least 5 years and who can prove general knowledge of the Hyonan Republic may also be citizens.
Every citizen who has achieved 16 years of age shall have the right to vote in all national elections and in all elections in the county or territory they live in. All citizens have the right to peacefully assemble and protest, to petition any government official or officials, to speak against the government in a civil manner, to identify with whatever they party they choose, create a political party, or to choose no affiliation, and to speak on the floor of any House in the Astekantenen during debate. A public forum for issues on a national or local level must be made accessible to every citizen in the Hyonan Republic.
All voting age citizens under the age of 75 shall have the right to run for office, and should they be elected, will not be confined to any term limits unless they exceed 75 years of age, but should they age past 75 during their term, they will finish their term of office and be barred from running again.
Citizens shall be given a public holiday for each designated election day to provide the time necessary to vote at their respective polling stations.
Right to Life and Liberty
Everyone has the right to life, liberty, and choice. No one shall be sentenced to death, tortured or otherwise treated in a manner violating human dignity.
The government shall guarantee all citizens in the Hyonan Republic the right to freedom of expression, along with the freedom of religion, language, culture, sexuality, consciousness, control of their bodies, and other forms of lawful expression and choice. They shall have freedom of speech, but not freedom from the consequence of promoting violence or unlawful actions. All citizens have the right to own property, start businesses, and control their personal wealth and financial decisions, seeing that they are lawful and pay their due taxes. They have the right to choose, and the government shall allow no monopoly over a commodity.
Involuntary servitude to any person shall not exist in the Hyonan Republic, and the trading, selling, buying, and owning of a person, shall be prohibited with the punishment determined by the Legislature.
Right to Criminal and Personal Integrity
The personal integrity of the individual shall not be violated, nor shall anyone be deprived of liberty arbitrarily or without a reason prescribed by legislation. A penalty involving deprivation of liberty may be imposed only by a court of law. The lawfulness of other cases of deprivation of liberty may be submitted for review by a court of law. The rights of individuals deprived of their liberty shall be guaranteed by legislation.
Any person suspected of a crime shall be innocent until proven guilty by a fair and impartial trial by jury, and shall not be denied the privilege of the writ of habeas corpus. No person may be held to answer for a crime unless under the indictment of a jury. Anything said by a citizen may be held against them in a court of law. Convicts may not be restricted from the democratic process in any way.
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
No citizen shall be above the law, but representatives may be spared from arrest during sessions of the Legislature, but should a government official be convicted of a crime and arrested, they shall be spared the process of impeachment and instead be presented in front of a jury as any other citizen would be.
All citizens have the right to be secured in their persons, homes, and files against unwarranted searches. Warrants shall only be issued on probable cause, and by specifically describing the place to search and the articles to be seized. They shall have the right to remain anonymous in any circumstance should they choose.
Freedom of Movement
All citizens and foreigners resident in Hyonaland have the right to freely move within the country and to choose their place of residence.
Everyone has the right to leave the country. Nobody shall be prevented from entering Hyonaland, nor may they be deported or extradited or transferred from Finland to another country against their will. However, due to a criminal act a Finnish citizen can be extradited or transferred to a country in which his or her human rights and legal protection are guaranteed. The right of foreigners to enter the country and to remain in the country shall be regulated. A foreigner shall not be deported, extradited or returned to another country if in consequence they are in danger of a death sentence, torture or other treatment violating human dignity.
Right to Housing and Services
All residents in Hyonaland have the right to secure housing and the services that come with it, including clean water, electricity, healthcare, clean air, and a clean environment.
Those who cannot obtain the means necessary for a life of dignity have the right to receive indispensable subsistence and care. Everyone shall be guaranteed the right to basic subsistence in the event of unemployment, illness, and disability and during old age as well as at the birth of a child or the loss of a provider. Moreover, the public authorities shall support families and others responsible for providing for children so that they have the ability to ensure the wellbeing and personal development of the children.
Right to Education
Everyone has the right to basic education free of charge.
The Hyonan Republic shall guarantee for everyone equal opportunity to receive other educational services in accordance with their ability and special needs, as well as the opportunity to develop themselves without being prevented by economic hardship.
The freedom of science, the arts and higher education is guaranteed.
Right to Work
Everyone has the right to earn his or her livelihood by the employment, occupation, or commercial activity of his or her choice. The public authorities shall take responsibility for the protection of the labor force. The public authorities shall promote employment and work towards guaranteeing the right to work.
No one shall be dismissed from employment without a lawful reason.
These rights shall be given, and all other institutions shall provide goods, services, and opportunities, with no distinction of race and ethnic background, ability, age, sexuality, religion, opinion, language, physical property, form of expression, or other characteristic.
Children shall be treated equally and as individuals and they shall be allowed to influence matters pertaining to themselves to a degree corresponding to their level of development.
The incitement of violence specifically targeting a person, a group of people, or the government is prohibited.
This Constitution shall be amended with a ⅔ majority vote of the Legislature, the approval of the President, and with a successful referendum having passed by the citizens.
Should a time of crisis deem it absolutely necessary, this constitution, all institutions behind it, and the political system of the Hyonan Republic shall be dissolved, but only if the Legislature unanimously consents, the President approves, and the Legislatures of every county and territory approve.
The government of the Hyonan Republic shall be given a grace period for the delegates met here today to establish the systems needed to hold elections, and during the years until the House of Parties is elected and a government is formed, counties and territories shall have the full power of lawmaking and law enforcement within the limits of this constitution. Once a government is formed, the Legislature shall establish Federal Courts who shall hear cases until the Superior Court is fully formed, which shall take 12 years, with one justice being appointed every 2 years.
This Constitution shall become the supreme law of the land as it is approved by all of the delegates officially sent here today by their respective counties, and these delegates shall mark their approval, hence admitting their respective counties into this union, by inscribing their names below.
President of the Convention Leja Kohlmennen
Done in convention by the unanimous consent of delegates present on the fifth day of March in the year one thousand nine hundred seventy two.