Akbar Constitution

The Akbar Constitution is the supreme law of the Çakar Empire. The constitution was established after the Çakari succession crisis and was mainly composed of what is called the Akbar Papers.

AKBAR CONSTITUTION

اکبر مشروطه

Adopted on 7.XIV.1704 AN

We, representing the territories of it, do ordain and establish this Constitution for the Çakar Empire, for the purpose of forming a more perfect union, establishing justice, securing domestic tranquillity, providing for the common defence, promoting the general welfare and securing the blessings of liberty for ourselves and our posterity.

We recognise our foundation in the Duchy of Kildare, Apollonian Republic of Shireroth's East, Apollonian Republic, Principality of Aryasht and Jingdaoese-Apollonian Union, which are the historical and cultural predecessors of the nations of Ultimate Çakar Sultanate and Jingdaoese Empire, which unified into the Great Apollonian Empire. We claim to be the only legitimate continuation of the Great Apollonian Empire, to which we proclaim Pax Apollonia. For the time being, we are restoring the Ultimate Çakar Sultanate by the name of "Çakar Empire", establishing a wise constitution that states the fundamental rights, freedoms and the balanced state structure.

Chapter 1 - Fundamental Rights

The Shahanshah and his government are charged with ensuring that the fundamental rights and freedoms of all within the borders of the Shahanshahi are secured:

Article 1.1 - Right to life
a. Everyone's right to life shall be protected by qanun. No one shall be deprived of his life intentionally save in the execution of a sentence of a court following his conviction of a crime for which this penalty is provided by qanun.
b. Deprivation of life shall not be regarded as inflicted in contravention of this article when it results from the use of force which is no more than absolutely necessary:

• in defence of any person from unlawful violence;
• in order to effect a lawful arrest or to prevent the escape of a person lawfully detained;
• in action lawfully taken for the purpose of quelling a riot or insurrection.

Article 1.2 – Right to self-defence
No qanun shall limit the right of self-defence and the necessary means, such as the possession, carrying and use of firearms. Only by a court order can individual citizens restrict the right to possess, carry and use firearms.

Article 1.3 – Prohibition of torture
No one shall be subjected to torture or to inhuman or degrading treatment or punishment.

Article 1.4 – Prohibition of slavery and forced labour
a. No one shall be held in slavery or servitude.
b. No one shall be required to perform forced or compulsory labour.
c. For the purpose of this article the term "forced or compulsory labour" shall not include:

• any work required to be done in the ordinary course of detention imposed according to the provisions of Article 1.5 or during conditional release from such detention;
• any service of a military character or, in case of conscientious objectors in countries where they are recognised, service exacted instead of compulsory military service;
• any service exacted in case of an emergency or calamity threatening the life or well-being of the community;
• any work or service which forms part of normal civic obligations.

Article 1.5 – Right to liberty and security
a. Everyone has the right to liberty and security of person. No one shall be deprived of his liberty save in the following cases and in accordance with a procedure prescribed by qanun:

• the lawful detention of a person after conviction by a competent court;
• the lawful arrest or detention of a person for non-compliance with the lawful order of a court or in order to secure the fulfilment of any obligation prescribed by qanun;
• the lawful arrest or detention of a person effected for the purpose of bringing him before the competent legal authority on reasonable suspicion of having committed an offence or when it is reasonably considered necessary to prevent his committing an offence or fleeing after having done so;
• the detention of a minor by lawful order for the purpose of educational supervision or his lawful detention for the purpose of bringing him before the competent legal authority;
• the lawful detention of persons for the prevention of the spreading of infectious diseases, of persons of unsound mind, alcoholics or drug addicts or vagrants;
• the lawful arrest or detention of a person to prevent his effecting an unauthorised entry into the country or of a person against whom action is being taken with a view to deportation or extradition.
  

b. Everyone who is arrested shall be informed promptly, in a language which he understands, of the reasons for his arrest and of any charge against him.
c. Everyone arrested or detained in accordance with the provisions of this article shall be brought promptly before a qadi or other officer authorised by qanun to exercise judicial power and shall be entitled to trial within a reasonable time or to release pending trial. Release may be conditioned by guarantees to appear for trial.
d. Everyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings by which the lawfulness of his detention shall be decided speedily by a court and his release ordered if the detention is not lawful.
e. Everyone who has been the victim of arrest or detention in contravention of the provisions of this article shall have an enforceable right to compensation.

Article 1.6 – Right to a fair trial
a. In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by qanun. Judgment shall be pronounced publicly but the press and public may be excluded from all or part of the trial in the interests of morals, public order or national security in a democratic society, where the interests of juveniles or the protection of the private life of the parties so require, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice.
b. Everyone charged with a criminal offence shall be presumed innocent until proved guilty according to qanun.
c. Everyone charged with a criminal offence has the following minimum rights:

• to be informed promptly, in a language which he understands and in detail, of the nature and cause of the accusation against him;
• to have adequate time and facilities for the preparation of his defence;
• to defend himself in person or through legal assistance of his own choosing or, if he has not sufficient means to pay for legal assistance, to be given it free when the interests of justice so require;
• to examine or have examined witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him;
• to have the free assistance of an interpreter if he cannot understand or speak the language used in court.

Article 1.7 – No punishment without qanun
a. No one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence under national or international qanun at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the criminal offence was committed.
b. This article shall not prejudice the trial and punishment of any person for any act or omission which, at the time when it was committed, was criminal according to the general principles of qanun recognised by civilised nations.

Article 1.8 – Right to respect for private and family life
a. Everyone has the right to respect for his private and family life, his home and his correspondence.
b. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the qanun and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.

Article 1.9 – Freedom of thought, conscience and religion
a. Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief and freedom, either alone or in community with others and in public or private, to manifest his religion or belief, in worship, teaching, practice and observance.
b. Freedom to manifest one's religion or beliefs shall be subject only to such limitations as are prescribed by qanun and are necessary in a democratic society in the interests of public safety, for the protection of public order, health or morals, or for the protection of the rights and freedoms of others.

Article 1.10 – Freedom of expression
a. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises.
b. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by qanun and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary.

Article 1.11 – Freedom of assembly and association
a. Everyone has the right to freedom of peaceful assembly and to freedom of association with others, including the right to form and to join trade unions for the protection of his interests.
b. No restrictions shall be placed on the exercise of these rights other than such as are prescribed by qanun and are necessary in a democratic society in the interests of national security or public safety, for the prevention of disorder or crime, for the protection of health or morals or for the protection of the rights and freedoms of others. This article shall not prevent the imposition of lawful restrictions on the exercise of these rights by members of the armed forces, of the police or of the administration of the State.

Article 1.12 – Right to marry
Men and women of marriageable age have the right to marry and to found a family, according to the national qanun governing the exercise of this right.

Article 1.13 – Property rights
Everyone has the right to the undisturbed enjoyment of his property. No one shall be deprived of his property except in the public interest and under the conditions provided for by qanun.

Article 1.14 – Right to privacy
Everyone has the right to respect for his or her private and family life, home, and secrecy of mail, banking and telecommunication. Only by court order can this be restricted on individual grounds, this may include provisions to prevent public disclosure.

Article 1.15 – Right to an effective remedy
Everyone whose rights and freedoms as set forth in this Constitution are violated shall have an effective remedy before a national authority notwithstanding that the violation has been committed by persons acting in an official capacity.

Article 1.16 – Prohibition of discrimination
The enjoyment of the rights and freedoms set forth in this Constitution shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.

Article 1.17 – Derogation in time of emergency
a. In time of war or other public emergency threatening the life of the nation the government may take measures derogating from its obligations under this Constitution to the extent strictly required by the exigencies of the situation.
b. No derogation from Article 1.1, except in respect of deaths resulting from lawful acts of war, or from Articles 1.3, 1.4 and 1.7 shall be made under this provision.

Article 1.18 – Prohibition of abuse of rights
Nothing in this Constitution may be interpreted as implying for any group or person any right to engage in any activity or perform any act aimed at the destruction of any of the rights and freedoms set forth herein or at their limitation to a greater extent than is provided for in the Constitution.

Article 1.19 – Limitation on use of restrictions on rights
The restrictions permitted under this Convention to the said rights and freedoms shall not be applied for any purpose other than those for which they have been prescribed.

Chapter 2 - The Shahanshahi

Article 2.1 - The name
a. The name of the state is: Shahanshahi-ye Çakar.
b. The name is translated into Common Tongue: Çakar Empire.

Article 2.2 - The capital
The capital of the Çakar Empire is: Agra.

Article 2.3 - Subdivisions
The territory of the Çakar Empire is divided into several divisions:
a. Sarkar: Agra.
b. Riyasat: Bulqan, Kendall Khanate, Hartidesh, Korhalistan, Leyl, Poorajangal and Valesia.
c. Subah: Micabad, Pathaardesh, Sikatadesh, Sunehra, Suqutra and Sylfystan.
d. Governorate: Sri Pashana.

Article 2.4 - Citizenship
Every citizen of the Çakar Empire is a resident of a sarkar, riyasat or subah. Citizenship is regulated by qanun.

Article 2.5 - This Constitution
a. This Constitution is the supreme qanun in the Çakar Empire. None of the articles in this constitution can be interpreted as contradicting or overriding any other article.
b. This Constitution may be amended only by the acceptance of amendments by an affirmative vote of two-thirds of the Çakari Congress.

Chapter 3 - The Shahanshah

Section A - On the succession

Article 3.1 - The crown
a. The Crown of Çakaristan is and remains vested in His Majesty Hakim bin Alsalam, with the regnal name "Jaaguzan", Shahanshah of Çakaristan; as the legitimately appointed successor of His Majesty Abu Çakar, known as Akbar and Tobu Emperor, Emperor of Apollonia and Sultan of Çakaristan.
b. As the rightful successor of the Emperor of Apollonia, the Shahanshah holds the title "Padishah-i Sharq-u Gharb"; which translates as: Master King of the East and the West.
c. These titles may be held by His lawful descendants and is hereditary, in accordance with the following provisions:

Article 3.2 - Legitimate descendants
The legitimate descendants of the reigning Shahanshah are the children who are to be born of a legitimate marriage.

Article 3.3 - Succession
a. The Crown passes by right of first-born, that is the eldest son of the Shahanshah, or the male lineage of the eldest son, succeeds by representation.
b. In the absence of male descent from the eldest son, the Crown passes to his brother or their male descendants, likewise by right of first-birth and representation.

Article 3.4 - The House of Çakar
a. In the absence of any male descent from the House of Alsalam, the Crown then passes to the male lineage from the marriage of His Majesty Abu Çakar known as Akbar and Tobu Emperor, Emperor of Apollonia and Sultan of Çakaristan and Her Majesty Jodha Avchat, Sultana of Çakaristan.
b. Her Royal Highness, Jodha Avchat, widow of His Majesty Abu Çakar, known as Akbar, may retain the title of "Sultana of Çakaristan". Their children by marriage, as well as their descendants by legitimate marriage, may use the respective titles of "Prince of Çakaristan" or "Princess of Çakaristan".

Article 3.5 - Another descendant
If the Shahanshah dies without progeny, and there is no male descendant from the House of Alsalam, his next of kin, if of Imperial descent, or from the House of Çakar shall succeed him, and in the event of his death shall be represented by his descendants.

Article 3.6 - Legitimate marriages
Legitimate succession applies only to descendants born of legitimate marriages.

Section B - On the Regency

Article 3.7 - Shahanshaha office
a. When the Shahanshah has not yet reached the age of sixteen Norton years, the Shahanshaha office is held by the Ataliq.
b. The Ataliq is appointed by the reigning Shahanshah. If no Ataliq is appointed, the Majlis al-Shuyukh appoints an Ataliq.

Article 3.8 - Shahanshaha authority
a. The Shahanshah may temporarily transfer Shahanshaha authority to the Ataliq, as well as reinstate it.
b. Only in the event that the Shahanshah is deemed unfit to rule by the Majlis al-Shuyukh, is Shahanshaha authority transferred entirely to the Ataliq. The Shahanshah is unfit if he does not fulfil his Shahanshaha duties, if the physical and mental well-being of the Shahanshah does not allow him to fulfil his Shahanshaha duties or if the Shahanshah spends more than ten Norton years in the foreign country.

Article 3.9 - Abdication
The Shahanshah may decide, possibly in advance, that Shahanshaha authority should pass to his heir apparent.

Section C - On the Shahanshaha Authority

Article 3.10 - Ealya Mansabdar
The Shahanshah is the Ealya Mansabdar of the armed forces.

Article 3.11 - War and Peace
The Shahanshah declares war and makes peace. He notifies the Çakari Congress.

Article 3.12 - Ratification
The Shahanshah ratifies all adopted qanun from the Çakari Congress. If he refuses to sign, the Ataliq will replace him in this function.

Article 3.13 - Nobility
a. The Shahanshah raises the nobility and the privileges that go with it and determines heredity.
b. The Shahanshah confers knighthoods.
c. The Shahanshah recognises foreign titles and knighthoods. This may be stipulated in a treaty, whereby ratification of the treaty by the Shahanshah is deemed to be recognition.

Article 3.14 - Pardon
Pardon may be granted by the Shahanshah.

Article 3.15 - Firman
The Shahanshah can sign firman as long as those remain within the boundaries of the qanun.

Chapter 4 - The Government

Article 4.1 - The office of Grand Vizier
The executive power shall be vested in a Grand Vizier, so far as not limited by Shahanshaha authority. He shall hold office for a term of four Norton years, and shall be elected as follows:
a. Each governorate, riyasat and subah shall appoint, in the manner prescribed by its Legislature, as many electors as the total number of Shuyukh to which the governorate, riyasat or subah is entitled in the Çakari Congress. Each Sarkar shall have one elector.
b. Only free citizens of the Shahanshahi, who have been resident in the Shahanshahi for more than ten Norton years and have attained the minimum age of thirty-five, shall be eligible for election as Grand Vizier.
c. The electors shall assemble in their respective governorate, riyasates, subahs or sarkars, and vote in writing for a Grand Vizier, at least one of whom does not reside in the same governorate, riyasat or subah as themselves; they shall state on their ballot the name of the person they are electing as Grand Vizier; and they shall prepare a list of all persons who have received votes for the Grand Viziership stating the number of votes received by each, which list they shall sign, authenticate, and transmit sealed to the Chairman of the Majlis al-Shuyukh.
d. The Chairman of the Majlis al-Shuyukh shall, in the presence of the Majlis al-Shuyukh and the Majlis al-Nuwaab, open all certificates, and the votes shall then be counted. The person who has the largest number of votes shall be the Grand Vizier, if that number is a majority of the total number of electors appointed; and if no one has such a majority, then the Majlis al-Nuwaab shall immediately elect in writing the Grand Vizier from among the persons, but not more than three, with the most votes from the list of candidates for the Grand Viziership; for that purpose the quorum shall consist of a member or members from two-thirds of the riyasates and subahs, and a majority of all the governorate, riyasates and subahs shall be necessary to make a choice.
e. If, at the time fixed as the beginning of the term of office of the Grand Vizier, the newly elected Grand Vizier shall have died, the Ataliq shall act as Grand Vizier until a Grand Vizier is elected.

Article 4.2 - Removal
a. Should the Grand Vizier be removed from office, or should he die, resign, or be unable to discharge the powers and duties of his office, the office shall be held by the Ataliq; and the Çakari Congress shall hold by-elections.
b. The Grand Vizier and all public officials will be removed from office upon conviction on special charges of treason, bribery or other serious crimes and misdemeanours.

Article 4.3 - Oath for office
Before the newly elected Grand Vizier commences the exercise of his office, he shall take the following oath:
"I solemnly swear that I will faithfully execute the office of Grand Vizier, as a loyal subject of the Shahanshah, and that I will to the best of my ability preserve, protect and defend the Constitution."

Article 4.4 - Vizarat
a. The Grand Vizier shall establish vizarat, appoint Heads for them, and dismiss them at will.
b. The heads of the vizarat are responsible for all acts performed by them as such, or to which appointment or execution they may have contributed, by which the Constitution or the qanun may have been violated or not obeyed.
c. In order to demonstrate this cooperation, all firman and orders must bear the countersignature of the head of the vizarat to which they belong.

Article 4.5 - Foreign relations
a. The Grand Vizier is in charge of foreign relations. He appoints and revokes the envoys and vakils.
b. Foreign representatives are recognised by the receipt of letters of credence addressed to the Shahanshah.

Article 4.6 - Treaties
The Grand Vizier is empowered to sign treaties or other international agreements. He must present them to the Çakari Congress for approval. If approval is granted, the treaty is presented to the Shahanshah for ratification. If approval is not granted, the signature is considered illegal.

Article 4.7 - Budget
a. The Grand Vizier has access to the national budget, adopts it annually and presents it to the Çakari Congress.
b. The Grand Vizier has the power to incur debts, but the debt ceiling is set by the Çakari Congress.
c. National taxes are set by qanun.

Chapter 5 - Çakari Congress

Article 5.1 - Legislative
All federal legislative powers granted herein will be vested in the Çakari Congress, which will consist of a Majlis al-Nuwaab, a Majlis al-Shuyukh and a Majlis al-Shuwraa.

Article 5.2 - Seat
a. The primary seat of the Çakari Congress is in the capital. All voting should take place there, as well as the annual united assembly for the Solemn Opening of Congress.
b. Only in the event that the capital is not available can an alternative seat be selected.

Section A - Majlis al-Nuwaab

Article 5.3 - Membership
a. The Majlis al-Nuwaab will be composed of members elected by the people of the Shahanshahi every four Norton years by proportional representation with prospective members participating on a list.
b. No person may be a delegate without having attained the age of twenty-five and having been a free citizen of the Shahanshahi for seven years and, if elected, without being a resident of the governorate, riyasate, subah or sarkar for which he will be elected.
c. After the full seats have been distributed, a residual seat shall be awarded to the list with the highest average.

Article 5.4 - Number of members
Delegates will be distributed among the individual governorate, riyasates, subahs or sarkars in proportion to their respective population figures, with one seat available for a member for every 300,000 free citizens.

Article 5.5 - Cumulative
No delegate will at the same time be a Shuyukh, an electoral officer, a Grand vizier, a member of the government, a qadi or a vakil.

Article 5.6 - Mutahadith
a. The delegates shall elect from among their members a Mutahadith who shall preside over the Majlis al-Nuwaab.
b. The Mutahadith shall abstain from voting, except in the case of deadlock. In such a case, the Mutahadith shall vote in such a way that the proposal remains under consideration by the Çakari Congress.

Section B - Majlis al-Shuyukh

Article 5.7 - Election
a. The Majlis al-Shuyukh will be composed of Shuyukh from these governorate, riyasat and subah: Bulqan 3; Kendall Khanate 6; Haritdesh 6; Korhalistan 6; Leyl 1; Poorajangal 3; Sikatadesh 1; Sri Pashana 6; Sunehra 1; Sylfystan 3.
b. No person can be a Shuyukh without having attained the age of twenty-five and having been a free citizen of the Shahanshah for seven years and, if elected, without being a resident of the governate or riyasat for which he will be elected.
c. The term of a Shuyukh is six Norton years, one third of the Majlis al-Shuyukh shall be elected every two Norton years.

Article 5.8 - Cumulative
a. The governorate, riyasat and subahs shall regulate the representation of the Shuyukh.
b. No Shuyukh shall at the same time be a member of the House of Representatives of a governorate, riyasat and subah; or a member of the governorate, riyasat and subah government.

Article 5.9 - Chairman
a. The Ataliq is Chairman of the Majlis al-Shuyukh.
b. The Ataliq votes on behalf of the Shahanshah, which is only counted as valid in the event of a stalemate.

Section C - Majlis al-Shuwraa

Article 5.10 - Membership
The Shahanshah, the presumed successor of the Shahanshah after reaching the age of eighteen, the Ataliq, representative of the House of Alsalam, representative of the House of Çakar, representatives of each riyasat and members appointed by the Shahanshah form the Majlis al-Shuwraa.

Article 5.11 - Consultancy
The Majlis al-Shuwraa can ask the government, the Majlis al-Shuyukh and the Majlis al-Nuwaab for consultation, as well as give unsolicited consultation.

Section D - Proceedings of the Çakari Congress

Article 5.12 - Free speaking time
In the Çakari Congress, members shall have unlimited speaking time. To this end, the Chairman may only limit the speaker's time by keeping him to his subject. In doing so, the Chairman may adjourn the session for up to 12 hours.

Article 5.13 - Proceeding of a proposal
a. A proposal for a qanun or an amendment to a qanun may be tabled in the Majlis al-Nuwaab by the Grand Vizier or with the ratification of three delegates.
b. If the Majlis al-Nuwaab passes the proposal by a majority, the proposal is forwarded to the Majlis al-Shuyukh.
c. Shuyukh of a governorate have suspensive veto power to pass proposals with a two-thirds majority.
d. If the Majlis al-Shuyukh passes the proposal by a majority or two-thirds, the proposal is forwarded to the Shahanshah for signature.

Article 5.14 - Motion and resolution
a. Both the Majlis al-Nuwaab and the Majlis al-Shuyukh may individually adopt motions for implementation by the Government. The Government may overrule these motions by advising against them, only when two-thirds majority has agreed to the motion is the Government instructed to implement it.
b. The Çakari Congress may jointly agree to a joint resolution, to which the Government is bound for implementation.

Article 5.15 - Disputes
Disputes between governorate, riyasat and subah are settled by the Majlis al-Shuyukh.

Chapter 6 - Judiciary

Article 6.1 - First and second instance
a. The governorates and riyasat shall provide for justiciable justice, at least in the first and second instance.
b. The same shall be provided by qanun for subahs and sarkars.

Article 6.2 - Third instance
To deal with appeals after second instance and assessment under the Constitution, the Qadi al-Quddat will give a binding ruling.

Article 6.3 - Membership of the Qadi al-Quddat
The Qadi al-Quddat consists of seven members, who are appointed by the Shahanshah on the proposal of the Grand Vizier and with the consent of the Majlis al-Shuyukh. Members are appointed for life.

Chapter 7 - Other provisions

Article 7.1 - New subdivisions
New subdivisions may be added to the Shahanshahi by amendment with the consent of the Çakari Congress. These shall be divided according to the divisions of this Constitution.

Article 7.2 - Currency
By qanun, the currency is regulated for the purpose of the national budget.

Article 7.3 - Languages
The administrative language of the Shahanshahi is the Common Tongue. Governorates and riyasat may use another language, but official documents are also available in the Common Tongue.

Article 7.4 - State of emergency
a. The Shahanshah, on the recommendation of the Grand Vizier, may declare a state of emergency. The Çakari Congress must be informed of this.
b. The Çakari Congress may decide to lift or limit the state of emergency.