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Constitution of Kurum Ash-Sharqia

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The constitution of Kurum Ash-Sharqia was promulgated in 1700 AN by the provisional government. It draws heavily from the constitution of New Batavia.

The Sultan is the ceremonial head-of-state. He appoints the Grand Vizier, in whom executive power is vested, with the approval of Al-Majlis Al-Watani. The Grand Vizier, then, appoints the other members of the executive, called viziers. Legislative power is vested in Al-Majlis Al-Watani, an elected body. Before a law is passed, it needs the advice of the Islamic Diwan, although this advice is non-binding. The Islamic Diwan is the only institution that is Islamic in nature, all others are secular. Judiciary power is vested in the Supreme Court and lower courts.

Full text

Preamble

فَتَعَٰلَى ٱللَّهُ ٱلۡمَلِكُ ٱلۡحَقُّۖ لَآ إِلَٰهَ إِلَّا هُوَ رَبُّ ٱلۡعَرۡشِ ٱلۡكَرِيمِ

Exalted is Allah, the true King. There is no God except He, the Lord of the Glorious throne. (23, 117)

Chapter 1. Fundamentals of the state

Article 1. Sovereignty belongs only to Allah. The holy stewardship of man on earth must be exercised within the limits of God's law. The citizens of Kurum Ash-Sharqia will exercise this stewardship as stipulated in this constitution.

Article 2. Kurum Ash-Sharqia is a democratic sultanate on Micras.

Article 3. The four branches of power of the Sultanate are separated from each other. An office in one branch is incompatible with an office in another, except in those cases provided for in the constitution.

Article 4. The four branches of power are: the legislative, the executive, the judiciary and the advisory power.

Article 5. The capital and seat of the government of the Sultanate is Vrijplaats.

Article 6. The language of the Sultanate is English. Dutch is recognized as a culturally important language within the Sultanate.

Article 7. The motto of the Sultanate is: “Is not Allah sufficient for His Servant?”

Article 8. The use of national symbols is regulated by law.

Chapter 2. Ranking of regulation

Article 9. The ranking of regulation determines which provision is valid in case of inconsistencies. Lower regulation cannot be adopted if it goes against higher regulation.

i. the constitution

ii. international treaties

iii. laws of Al-Majlis Al-Watani

iv. executive decrees

v. lower regulation

Article 10. When two laws or articles of law contradict each other, the specific legal text applies to the detriment of the general one. If this is inconclusive, the older legal text applies to the detriment of the newer one, except where the newer text expressly amends or deletes the older text. The same applies to other regulations.

Article 11. The law regulates the form in which the regulations must be made public before they come into force.

Chapter 3. Executive

Paragraph 1. Sultan

Article 12. The Sultan is the head of state of Kurum Ash-Sharqia. He has only the powers expressly granted to him by the constitution.

Article 13. The throne shall be dynastic and succeeded to through the decent of His Majesty Sultan Salah Ad-Din Al-Lusirni.

Article 14. The Sultan shall appoint a Crown Prince in accordance with the Royal House Act passed by Al-Majlis Al-Watani. The Crown Prince ascends to the throne on the demise, abdication or removal of the Sultan.

Article 15. The descendant of the Sultan who marries without the Sultan’s consent or, in his absence, without the consent of those exercising the Sultan’s powers in cases provided for by the constitution, shall be deprived of his right to the throne. Nonetheless, this right may be restored by the Sultan or, in his absence, by those exercising the powers of the Sultan in cases provided for by the constitution, but only with the assent of Al-Majlis Al-Watani.

Article 16. When, in accordance with the Royal House Act, a regency is established, the Regent shall perform his acts in matters of state in the Sultan’s name.

Article 17. The Sultan may not perform any other public office, either domestically or abroad, and shall not be a member of the Government.

Article 18. The Sultan is the guardian of fundamental rights and the guardian of the constitution.

Article 19. The Sultan ratifies and enacts the laws of Al-Majlis Al-Watani.

Article 20. When the Sultan is convinced that a law is contrary to the constitution or has been adopted in an illegal manner, he will refer the law to the Supreme Court. When the Supreme Court finds that the law does not conflict with the constitution and has been adopted in a legal manner, the Sultan shall ratify the law.

Article 21. The Sultan appoints the Grand Vizier, who takes office after gaining the confidence of Al-Majlis Al-Watani. He can only dismiss the Grand Vizier if Al-Majlis Al-Watani has denounced its confidence in the Grand Vizier or in the Government as a whole.

Article 22. The Sultan can dissolve Al-Majlis Al-Watani and call early elections:

i. at the end of the parliamentary term of Al-Majlis Al-Watani

ii. when no Government can be formed

iii. when the Government has lost the confidence of Al-Majlis Al-Watani

Article 23. The law determines what extraordinary powers the Sultan has in cases of state of emergency and inactivity.

Article 24. No act of the Sultan can take effect without the countersignature of a vizier, who, in doing so, assumes responsibility for it.

Article 25. The Sultan shall also perform the following acts:

i. Awarding of honors.

ii. Receiving foreign ambassadors and ministers.

iii. Performing ceremonial functions.

Paragraph 2. Government

Article 26. The Grand Vizier appoints and dismisses the viziers in his Government.

Article 27. The Government only takes office after gaining the confidence of Al-Majlis Al-Watani.

Article 28. Al-Majlis Al-Watani may denounce its confidence in the Government at any time, either in viziers individually or in the entire Government.

Article 29. The viziers sit in Al-Majlis Al-Watani and word should be given to them when they ask for it.

Article 30. The Government is responsible for implementing the laws of Al-Majlis Al-Watani and the judgments of the judiciary, without, however, renouncing or postponing their implementation.

Article 31. The viziers and the entire Government have only the powers expressly conferred on them by the constitution or by law. Each executive decree, order or act shall contain the reference to the legislation confering on them that power.

Article 32. The viziers are accountable to Al-Majlis Al-Watani.

Chapter 4. Legislature

Article 33. The legislative power of the Sultanate is exercised by Al-Majlis Al-Watani.

Article 34. The members of Al-Majlis Al-Watani are elected for the duration of 4 years, through free elections as regulated by law.

Article 35. Candidates for Al-Majlis Al-Watani can stand for election through parties or as an independent candidate.

Article 36. In Al-Majlis Al-Watani there are 100 seats, which are distributed among the elected candidates as prescribed by law.

Article 37. The law regulates the succession of members of Al-Majlis Al-Watani who resign early or are dismissed.

Article 38. The meetings of Al-Majlis Al-Watani are chaired by the speaker, who is elected by its members.

Article 39. The laws and resolutions are adopted by a simple majority of the members present. In the event of a tie, the proposal is rejected.

Article 40. A law or treaty can only be voted on after advice has been sought from the Islamic Diwan. The advice of the Islamic Diwan is not binding, but is always attached to the parliamentary documents.

Article 41. Proposals for laws and resolutions can be made by the members of Al-Majlis Al-Watani, the Sultan and the viziers. Al-Majlis Al-Watani will also consider all proposals submitted by at least 30,000 citizens.

Article 42. Al-Majlis Al-Watani can decide by law to submit a bill to the people in a binding referendum.

Article 43. Al-Majlis Al-Watani arranges its own internal regulations.

Chapter 5. Judicial Power

Article 44. The judiciary of the Sultanate rests with the Supreme Court and with those courts that Al-Majlis Al-Watani establishes by law.

Article 45. The judiciary is entrusted with the task of bringing to justice disputes concerning civil rights and claims, as well as the trial of offences punishable by law.

Article 46. A fine or a penalty for deprivation of liberty or banishment can only be imposed by the judiciary.

Article 47. The death penalty cannot be imposed.

Article 48. The judges shall be appointed by Al-Majlis Al-Watani as proposed by the Grand Vizier.

Article 49. The judges are appointed for life, and can only be dismissed after a criminal conviction.

Article 50. Only the Supreme Court intervenes in the assessment of the constitutionality of laws and other universally binding regulations, treaties and decisions of organizations governed by international law.

Article 51. With the exception of the cases provided for by law, the hearings take place in public and the rulings shall contain the grounds on which they are based. The verdict is made in public and on behalf of the Sultan.

Article 52. Pardon can be granted by the Grand Vizier.

Article 53. The law regulates the organisation, composition and powers of the judiciary.

Chapter 6. Advisory power

Article 54. The advisory power of the Sultanate is exercised by the Islamic Diwan.

Article 55. The Islamic Diwan consists of ordinary and co-opted members.

Article 56. The ordinary members are appointed by the Al-Majlis Al-Watani as proposed by the Grand Vizier.

Article 57. The co-opted members are the members who were co-opted by the ordinary members because of their knowledge, wisdom or experience. They can be co-opted for a fixed or indefinite period and can be dismissed at any time by the ordinary members. The co-opted members shall not have the right to vote.

Article 58. At least half of the ordinary members must be Muslim.

Article 59. The Islamic Diwan will advise on all the bills and regulations to be voted upon by Al-Majlis Al-Watani.

Article 60. Al-Majlis Al-Watani, the Government, the Supreme Court and all other public institutions of the Sultanate can, on their own initiative, seek the opinion of the Islamic Diwan.

Article 61. The opinions are drawn up by a simple majority.

Article 62. The advice and opinions of the Islamic Diwan are not binding.

Article 63. The law regulates the operation of the Islamic Diwan. It can regulate its own internal operation.

Chapter 7. Ombudsman

Article 64. The Ombudsman of the Sultanate is elected by the citizens for a period of 6 years. The election is governed by law.

Article 65. The Ombudsman is empowered to investigate the actions of public institutions and officials in response to complaints from citizens.

Article 66. The Ombudsman shall report his work to Al-Majlis Al-Watani at least every year.

Article 67. The law may also empower the national Ombudsman in respect of other public bodies of the Sultanate.

Chapter 8. International relations

Article 68. The Sultanate of Kurum Ash-Sharqia shall not be bound by treaties and these shall not be denounced without prior approval by Al-Majlis Al-Watani.

Article 69. The Sultan is the ceremonial representative of the Sultanate abroad. The Government is responsible for international relations as stipulated by law.

Article 70. Only Al-Majlis Al-Watani can declare war.

Chapter 9. Finance

Article 71. Soliciting and paying interest is prohibited. The law regulates the prosecution and punishment thereof.

Article 72. Taxes of the state are levied exclusively by law.

Article 73. The budget for the revenue and expenditure of the state shall be adopted by law on proposal by the Government.

Article 74. The accountability of the revenue and expenditure of the state is done to Al-Majlis Al-Watani in accordance with the provisions of the law.

Article 75. The law regulates the monetary system.

Chapter 10. Local government

Article 76. The classification and powers of the local authorities are governed by law.

Chapter 11. Revision of the constitution

Article 77. The constitution can never be wholly or partially suspended.

Article 78. The constitution can be revised by Al-Majlis Al-Watani with a two thirds majority.

Chapter 12. Transitional provisions

Article 79. When this constitution enters into force, all conflicting laws, decrees and regulations will be abolished.