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Constitution of Drakorda

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The CONSTITUTION
of the
UNIFIED GOVERNORATES OF BENACIA

First Promulgated in the city of Drakorda, in the State of Modan (07.XII.1662) - Revised and Reissued on the Occasion of the Declaration of Merensk (15.XI.1671) - Abandoned by 1699 AN


An Instrument of Government for the Promulgation of a Constitution for the Unified Governorates of Benacia


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Chapter 1 – Establishment of the Constitutional Order

Article 1 – Establishment

  1. The Unified Governorates of Benacia, having liberated themselves of the taint of Daemonic-corruption by their own efforts, shall be a sovereign realm inheriting all the rights, prerequisite entitlements, and obligations incumbent upon a free and independent nation.
  2. All title to lands and properties, all material goods, all resources of the land, the waters, and the air, all living creatures, and all sapient beings, of the territory of the Unified Governorates of Benacia, are subject to the provisions of this Constitution.

Article 2 – Territory

  1. The Unified Governorates of Benacia incorporate:
    1. The Circuit of Benacia – comprising the Governorates of Angularis, Lachmeren, Malarboria, and Mishalan;
    2. The Circuit of Jadid Khaz Modan – comprising the Governorate of Benacia and the Iridian Isles;
    3. The State of Lywall and the Tellian Mandate.
    4. The Governorate of New Blackstone
  2. The territory of the Unified Governorates of Benacia shall include the territories of its constituent parts, inland waters and territorial sea, and the air space over them.
  3. The Unified Governorate of Benacia shall possess sovereign rights and exercise jurisdiction over the continental shelf and in its exclusive economic zone according to the norms of international law.
  4. The borders between the constituent parts of the Unified Governorates of Benacia may be changed upon their mutual consent.

Article 3 – Sovereignty

  1. The exercise of Sovereignty over the Territory and Community of the Unified Governorates of Benacia is invested in the person of the Commander-in-Chief and the General Staff of Benacia Command.
  2. The sovereignty of the Unified Governorates of Benacia shall be inviolable; no portion of its territory may be alienated without the consent of the peoples' representatives in the State Assembly by a three quarters majority, the consent of the General Staff by a two-thirds majority, and the assent of the Commander-in-Chief.
  3. Should any portion of the territory of the Unified Governorates of Benacia be alienated, ceded, or occupied by any power, foreign or domestic, contrary to its will or the rule of law, it shall be the duty of the Unified Governorates of Benacia to sustain active resistance, without let, cessation, or compromise, until the aforementioned territory is regained.
    1. Any citizen, whether in the capacity of acting as a public servant or private citizen, found to be complicit in the unlawful alienation of any portion of the Unified Governorates of Benacia, shall forfeit their right to life and property immediately upon the discovery of their treason.

Article 4 – Community of the Realm

  1. The Community of the Realm, the political, social, and economic life of the Unified Governorates of Benacia shall be open to all who share in the heritage, culture, and values of fabled Khaz Modan, who acknowledge the sublime influence of the Highest Divinity in shaping the fortunes of man, who rejoice in the Human Supremacy, and who are committed to the establishment of a full and perpetual political unity on the Benacian continent.
  2. Participation in the Community of the Realm shall be restricted to Citizens meeting the aforementioned criteria who have been registered by the Manning Directorate of Benacia Command.
  3. Foreigners may participate in the social and economic life of the Unified Governorates of Benacia only to the extent to which they are permitted by the lawful authority responsible for their supervision.
  4. Persons enlisted in the Black Legions or in any other allied formation serving with Benacia Command, shall enjoy respect and deference commensurate with their rank.

Chapter 2 – The Executive and Legislative Power

Article 1 - The Commander-in-Chief

  1. The Commander-in-Chief of Benacia Command shall represent the Unified Governorates of Benacia in international relations, declare states of emergency, and conclude peace in the name of the same, enter into contracts and other conventions with other parties, accredit legates, and receive emissaries. For the declaration of a state of emergency the consent of the General Staff shall be required. Except in case of an attack upon the territory of the Unified Governorates of Benacia or its coasts or in the event of a natural disaster or calamity effecting the same.
  2. The Commander-in-Chief shall have the right to convene the Board of the General Staff and the State Assembly, and to open, adjourn, and close them.
  3. The Chief of the General Staff, to be appointed by the Prince, shall preside over the Board of the General Staff, and – through the establishment of a secretariat – supervise the conduct of its business. The Chief of the General Staff shall have the right to delegate the power to represent him to any member of the Board of the General Staff.
  4. To the Commander-in-Chief shall belong the right to prepare and publish Directives. The Directives shall be published in the name of Benacia Command, and require for their validity the signature of the Chief of the General Staff, who thereby becomes responsible for their execution.
  5. The Commander-in-Chief may issue directives upon all matters not yet covered in the provisions of law or codified within this Constitution.
  6. The Commander-in-Chief may appoint, on the advice of the Steward, himself to be appointed by the Commander-in-Chief, an Executive Bureau to perform such tasks and advise on such matters that touch upon the personal interests and household of the Commander-in-Chief.
  7. The Commander-in-Chief may, at his pleasure, appoint Governors to the Governorates of the Unified Governorates of Benacia.
  8. The Commander-in-Chief shall receive and possess the Sword of Heaven in perpetuity and to pass on to his successors as a symbol of his right to rule and of his obligation to restore all of Benacia to a condition of obedience to the Celestial Temple.

Article 2 - The General Staff

  1. The General Staff shall comprise of all serving General Officers (Dux/Magister) within Benacia Command and the Black Legions.
  2. Positions on the General Staff shall be established and disestablished by the Directive of the Commander-in-Chief, made on the advice of the Chief of the General Staff.
  3. The Board of the General Staff shall be formed from the Officers Commanding of the Banner Groups, the Heads of the Directorates of the General Staff, the Quartermaster General, and the Officers Commanding of the Land, Maritime, and Aerospace Forces of the Black Legions.
  4. The Chief of the General Staff shall preside over the Board of the General Staff as presiding officer. The presiding officer shall not have a vote unless it is to break a tie.
  5. The Board of the General Staff shall conduct legislative sessions in public. If the Board so resolves, it may meet in private, provided that all measures passed by it are immediately released, and that within six calendar months the full records must be released to the public.
    1. The Commander-in-Chief, on the advice of the Chief of the General Staff, may veto the release of full records to the public if he is satisfied that the safety and comfort of the Community of the Realm would be endangered by doing so.
  6. The Board of the General Staff may conduct investigations in relation to government and may demand the presence and testimony of witnesses and the production of records.
  7. The Board of the General Staff shall:
    1. Safeguard the liberties, rights and freedoms of the Community of the Realm
    2. Declare war and make peace.
    3. Establish the budget of the Government and authorise taxation.
    4. Define the borders of the Governorates and the Unified Governorate of Benacia's territories and integrates new lands to the Unified Governorate.

Article 3 - The Civil Executive

  1. The Civil Executive, appointed by the Commander-in-Chief, shall comprise, in addition to the Commander-in-Chief and the Chief of the General Staff, of:
    1. The Steward, responsible for the Executive Bureau of the Commander-in-Chief;
    2. The Marshal, responsible for the maintenance of the State Guard;
    3. The Commissioner of Allocations & Appropriations, responsible for the finance policy and economic policy of the State including the regulation of revenues, finance, corporations, and guilds;
    4. The Commissioner of Public Order, responsible for State Security, the Territorial Command, Public Order Troops, Aviation Police, Coast Guard, and the Bureau of Investigative Affairs;
    5. The Commissioner of Information, responsible for communications, information technology, and media coordination;
    6. The Commissioner of Services, responsible for education, health, liaison with local governments, rehabilitation and re-education, citizens' affairs, and the supervision of the Lach and Deep-Singers;
    7. The Commissioner of Works, responsible for the five year plan, technology, industry, agriculture, infrastructure, transport, and mines & forestries;
    8. The Commissioner of the Circuit of Benacia;
    9. The Commissioner of the Circuit of Jadid Khaz Modan;
    10. The Commissioner of Lywall & Tellia;
    11. The Commissioner of New Blackstone.
  2. The activities of the Civil Executive shall be coordinated with Benacia Command via the Political Relations Bureau of the Political Directorate of the General Staff.
  3. The operational costs and salaries of the Civil Executive shall be funded by a Civil List voted by the Board of the General Staff.

Article 4 - The State Assembly

  1. The State Assembly is elected by the Community of the Realm every five years. The manner and method of election is determined by a Directive of Benacia Command.
  2. The State Assembly shall scrutinise the institutions of the State, and act as an arbiter should there be conflicts between them.
  3. The advice and consent of the State Assembly shall be sought by the Board of the General Staff before the adoption of legislation.

Chapter 3 – The Judicial Power

Article 1 – Precepts of Justice and Common Law

  1. Any act or failure to perform an act may be considered a crime if it is found to be harmful to the Community of the Realm or displeasing to higher authority by reason of being contrary to Common Law or else is in violation of the precepts of Cedrist Custom, Orthodoxy and Tradition.
  2. No man may cause a superior or institution of state to be brought to trial through their accusation unless they are prepared to endure the penalty which they have sought for the accused if a court constituted under lawful authority rules against them.
  3. The decisions and verdicts of the courts shall set precedent for what is or is not lawful conduct under Common Law.
  4. The courts of the Unified Governorates of Benacia shall faithfully implement the Criminal Code of the Imperial Republic of Shireroth, modified as and when appropriate to the present circumstances.

Article 2 – The Powers of the Sovereign

  1. The Commander-in-Chief, as Sovereign, is the font of justice for the Unified Governorates of Benacia. All crimes and civil pleadings may be brought to his attention by application or upon appeal.
  2. The Commander-in-Chief may delegate to the Commissioners of Benacia, Jadid Khaz Modan, Lywall & Tellia, and New Blackstone, by prerogative the authority to hear such cases as he is indisposed to hear himself concerning their respective Circuits.
  3. The Commander-in-Chief may establish by ordinance inferior and subordinate courts to hear such cases as arise from the Governorates as might be trivial to his ears yet require the ministrations of justice nonetheless.
  4. The Commander-in-Chief may conduct special inquisitions against the powerful amongst his subjects as he deems necessary and appropriate.
  5. The Commander-in-Chief may appoint an Advocate to represent him in any and all matters pertaining to judicial and legal matters.

Article 3 – Courts of Special Interests

  1. The Board of the General Staff may establish Courts of Special Interests pertaining to the individual and collective areas of responsibility of its members.

Article 4 – The Trial Procedure

  1. The Commander-in-Chief, or an appropriate subordinate representative, shall conduct an investigation and prepare charges against an individual who is subject to accusation.
    1. The Commander-in-Chief, or an appropriate subordinate representative, shall then preside over the court arraigned for the purpose of conducting a trial.
    2. A court shall comprise of the presiding officer, a herald, a bailiff, a cudgeller, and twelve sages to compliment the presiding officer in his deliberations.
  2. The accused shall then be detained and brought to trial.
  3. The accused, having been brought to trial, shall be read the charges against him.
  4. The accused, having been afforded the opportunity to consider the charges, may make a vindication of his actions or else elect to submit to the mercy of the court.
    1. The accused may call upon the testimony of others and material evidence to support his vindication, if it is pleasing to the court.
  5. If the accused appeals for mercy, the court may only record the accused's guilt and assign the aforementioned to Community Service.
  6. The presiding officer, having heard the vindications of the accused may decide if they are satisfied or dissatisfied with what they have heard.
  7. If the presiding officer is satisfied, the accused may be found acquitted of the charges against him and discharged.
    1. If the discharged man was accused by an inferior he may be entitled to demand that the accuser, in addition to being made subject to the penalties he would have faced.
  8. If the presiding officer is dissatisfied, the accused shall be found guilty or the decision shall be made against him. The court may then impose a tariff upon the condemned that is commensurate with the crime.

Article 5 – The Appeals Process

  1. Citizens may appeal the decisions and verdicts of inferior and subordinate courts at the Governorate level to the Commissioners of Benacia, Jadid Khaz Modan, Lywall & Tellia, and New Blackstone.
  2. Citizens may appeal the decisions and verdicts of the aforementioned Commissioners, as well as the decisions and verdicts of Courts of Special Interests, to the Commander-in-Chief.
  3. Appeals may be rejected by the Commander-in-Chief if he is satisfied with the verdict already attained.


Chapter 4 – Circuits & Governorates

Article 1 – Governorates

  1. Governorates, as annunciated in Article Two of Chapter One to this Constitution, comprise the basic territorial subdivisions of the State of Modan.
  2. Governorates are the subjects of the Circuits to which they have been assigned.
  3. Within the scope of delegated authority the Governorates shall exercise their own legal regulation, including the adoption of laws and other normative acts.
  4. Governors, appointed by the appointed by the Commander-in-Chief, may summon consultative assemblies.

Article 2 – Circuits

  1. The Commissioners of the Circuits shall conduct Assizes throughout the Governorates under the direction of the Territorial Administration Bureau of the Political Directorate of Benacia Command so as to assure the Community of the Realm of their continual supervision, vigilance, and presence.
  2. The Territorial Administration Bureau may within Governorates create subordinate administrative divisions, known as Bailiwicks, and appoint corresponding officials.
  3. The Territorial Administration Bureau shall ensure the implementation of the powers of the Unified Governorates of Benacia across the whole territory of the aforementioned.


Chapter 5 – Charter of Coordination

Article 1 – Duty to Enact a Charter of Coordination

  1. It shall be the obligation of the Commander-in-Chief and the Board of the General Staff to promulgate, with the consent of the State Assembly, a Charter of Coordination for the integration of all practicable aspects of the public life of the Unified Governorates of Benacia and the Community of the Realm thereof.
  2. The Charter of Coordination shall have precedence over all other forms of law in the Unified Governorates of Benacia save for this constitution and the Declaration of Merensk.

Article 2 – Mandatory Subjects

  1. The Charter of Coordination shall specify:
    1. The Directorates and Bureaus and their powers and responsibilities;
  2. The security and public order forces and their powers and responsibilities;
  3. The guilds and corporations and their powers and responsibilities;
  4. A Criminal and Civil Code to complement the Common Law;
  5. Rates of taxation;
  6. An annual budget of government expenditure;
  7. A schedule of lawful and appropriate forms of worship for the Highest Divinity;
  8. A schedule of heresies and prohibited doctrines;
  9. A schedule of registered political parties and civic groups;
  10. A schedule of prohibited organisations;
  11. A schedule of flags, symbols and heraldic devices mandated for official use.

Article 3 - Discretionary Subjects

  1. All aspects of civic and private shall be subject to Coordination in due course.

Article 4 - Harmonious Society

  1. The Charter of Coordination must be continuously expanded upon and enforced by all agencies of the Unified Governorates of Benacia so as to ensure the establishment of a Harmonious Society, where all citizens know, accept, and enjoy their respective societal and economic functions, and work together, with contentment and serenity, for the betterment of all.

Chapter 6 – Final Provisions

Article 1 - Enactment

  1. This Constitution shall come into effect from the date of its promulgation as a Directive by the Commander-in-Chief.

Article 2 – Amendments

  1. This Constitution may only be revised and amended with consent of the peoples' representatives in the State Assembly by a three quarters majority, the consent of the Board of the General Staff by a two-thirds majority, and the assent of the Commander-in-Chief.