Alexandrian Constitution of 2014

The Constitution of the Empire of the Alexandrians 2014

Preamble

We, Edgard II, by the Grace of God, Emperor of all Alexandrians, Perpetual Defender of the People of Alexandria, Emperor of San Martin, King of Santander, Leifgrad-Baden, and Ibelin, Duke of Anglien, Gettinsburg, and New Acadia, Marquis of Nubinar, Count of Saransburg, and Baron of Reistag, Grand-Officer of the Ordre de la Grenade, and Grand Eagle of the Legion of Honour, and Sovereign of the Orders granted by the Empire, etc., have called upon the people to convene and create a new governing document for the Empire in order to firmly establish national unity and ensure a just and humane society that promotes the common good while respecting the proud heritage and traditions of the Alexandrian nation. And We do hereby ordain and promulgate this Constitution.

Article I: Rights and Liberties of the People

Section 1. Freedom of Movement and Speech The people possess all rights and freedoms regardless of race, colour, gender, language, religion, political affiliation or other opinion, national or social origin, property, birth, education, social status or other characteristics. These freedoms include the freedoms of Movement, and Speech, as well as all others in accordance with a modern, free, democratic nation, which shall only be abridged through the due process of the Courts on account of criminal behaviour.

Section 2. Freedom of Press The Freedom of the Press is guaranteed. Citizens are free to report the news without interference or distortion from the state. Harassment of independent journalists shall be strictly prohibited.

Section 3. Freedom of Information Freedom of Information is guaranteed. Any documents in possession of His Imperial Majesty's Government shall be made known to the public except those directly linked to the national security and stability of the Empire as determined by the First Consul.

Section 4. Freedom of Religion The Empire of the Alexandrians guarantees Freedom of Religion. No person shall, for reason of creed or descent, be deprived of access to, or complete enjoyment of their civic and political rights, nor shall they for such reasons evade compliance with any common civic duty, as determined by law.

Section 5. Basic Civil Protections (a) No person in the Empire shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied equal protection under the law.

(b) All persons in the Empire have the right to be secure in their persons, houses, papers and personal belongings against unreasonable searches and seizures. Search warrants shall only be issued based upon probable cause, describing the place to be searched and persons or things to be seized, and issued by a competent court of the Empire.

(c ) Nobody in the Empire can be punished except according to a law come into force before the deed was committed. Ex-post facto laws and bills of attainder in all contexts are hereby strictly prohibited.

Section 6. Freedom of Political Choices Every citizen of the Empire is free to make political choices, which includes the right to form a political party or register as an independent; to participate in the activities of, or recruit members for, a political party; and to campaign for a political party or cause; provided that such political party or association shall not advocate the armed overthrow of the established government.

Section 7. Equality of Citizens and Aliens before the Courts All citizens and aliens shall have equal protection before the courts, government bodies, and other bodies vested with public powers.

Article II: The Empire

Section 1. State Powers (a) The executive of the power of the Empire is vested in the Emperor and His Imperial Government.

(b) The legislative power is jointly vested in the Emperor and the Imperial Assembly.

(c ) The judicial power is vested in the High Court of Justice and any other courts that the Imperial Assembly may establish by law.

(d) The scope of state power shall be limited by the Constitution.

(e) State powers belong to the national entities for the following subject matters: 1.) state defense, 2.) foreign relations, 3.) economic regulations, 4.) infrastructure and traffic, 5.) taxation, 6.) solidarity systems, 7.) private, criminal, and procedural law, 8.) educational and other standards, 9.) the promotion of public health, 10.) and all other subject matters which by their very nature or as a corollary to the subjects listed have to be centralized on the national level.

(f) State powers not assigned to the national entities belong to the Provinces.

(g) In order to promote good governance and effective provision of services, the entities invested with state power in a certain field may agree to share, delegate or coordinate their exercise of such powers to or with other entities of government, either on the same level or on a different level. National law shall make regulations as to the conclusion and codification of such agreements.

(h) Imperial national laws take precedence over provincial and local laws.

Section 2. State Form, Organisation (a) Alexandria constitutes itself into a social and democratic state of law which advocates liberty, justice, equality, and political pluralism as the superior values of its legal order.

(b) National sovereignty belongs to the Alexandrian people from whom emanate the powers of the state.

(c ) The political form of the Empire of the Alexandrians is the parliamentary Monarchy.

(d) The Crown and its Imperial Powers are inherited by men and women in accordance with the provisions of the Portela Family Pact, written, ratified and published by the Emperor and the Imperial Family.

(e) The official capital and seat of government of the Empire is the city of Geneva in the province of Baudrix, and has the title of Imperial City. It is directly governed by the Emperor or by an institution created by the Emperor to govern it.

(f) The seat of the Government may be temporarily moved for serious reasons, by Imperial Will, and for no more than one year.

Section 3. State Composition. (a) The Empire of the Alexandrians is composed of the Homeland, made up of Provinces, and the Overseas Territories, made up of overseas territories and dependencies.

(b) New Provinces may be admitted by the Imperial Assembly into the Empire; but no new Provinces shall be formed or erected within the jurisdiction of any other Province; nor any Province be formed by the junction of two or more Provinces, or parts of Provinces, without the consent of the governed of the Provinces concerned as well as of the Imperial Assembly.

(c ) The territorial organization of the Empire shall be prescribed by law.

Article III: The Emperor

Section 1. Conduction of Government, Titles, Reign in Other Countries (a) The Emperor conducts His Government for the common good; for the protection, safety, prosperity and happiness of His people; and not for the profit, honour, or private interest of any one person, family or class of people among His subjects. Therefore, in making the laws for this nation, regard shall be had to the protection, interests and welfare not only of the Emperor and Rulers, but of all the people alike.

(b) The Emperor shall be the Supreme Executive Magistrate of the Empire and shall have, among others, the title of the Emperor of all the Alexandrians and Perpetual Defender of the People of Alexandria.

(c ) The Empire is the dominion and property of the Emperor.

(d) The Emperor shall not reign in other countries except with the consent of the Imperial Assembly.

Section 2. Crown confined to the House of Portela and Designated Successors (a) The crown is hereby permanently confined to His Imperial Majesty Edgard II, until his death or wilful abdication, and to His successors.

(b) The successor shall be the person whom the Emperor shall appoint and publicly proclaim as such through the Portela Family Pact, during the Emperor’s life.

(c ) Should there be no such appointment and proclamation, then the successor shall be chosen by the Consulate, with the consent of the Imperial Assembly.

(d) The Emperor may, should he be nearing a prolonged absence, appoint a Regent who shall exercise those powers and prerogatives incumbent to the throne, and whose powers terminate upon His Imperial Majesty's return.

(e) Should the Emperor be absent for fourteen (14) consecutive days without having officially appointed a Regent, the Imperial Prerogatives shall be exercised by a Regent selected in accordance with a Regency Act enacted for that purpose by the Imperial Assembly. Where no Regency Act shall be governing by the fifteenth consecutive day of His Imperial Majesty's absence, the Imperial Assembly shall immediately convene, and whosoever shall be Speaker of the Imperial Assembly at the time shall immediately exercise the Imperial Prerogatives as Lord Protector, and resign the office of Speaker, after taking the required oath in open session.

(f) No amendments or annulations may be made to this Constitution during a Regency.

(g) Any Regent, whether appointed by the Emperor, or by another legal process, shall not receive the Imperial Immunity from the law that is incumbent to the Crown and shall be answerable to the people for his actions.

Section 3. Limitations to the Succession No person shall ever sit upon the throne who has been convicted of any infamous crime, or who is insane, or otherwise declared unfit to rule. The Imperial Assembly, with the Consent of the Emperor, shall enact legislation to determine a fair process of declaring a person to be legally insane or unfit to rule.

Section 4. Sworn on the Constitution The Emperor, prior to his accession to the Throne, as well as upon enactment of this Constitution; as well as a Regent, or Lord Protector, prior to the exercise of the Imperial Prerogatives, shall make a solemn Declaration in writing before the open session of the Imperial Assembly that he will faithfully adhere to the Constitution. Two identical originals of the Declaration shall be executed, one of which shall be handed over to the Imperial Assembly to be preserved in its archives, and the other shall be filed in the Public Records. Where the Emperor, owing to his absence or for other reasons, is unable to sign the aforesaid Declaration immediately upon his accession to the Throne, or upon enactment of this Constitution, the government shall, unless otherwise provided by Statute, be conducted by the First Consul until such Declaration has been signed.

Section 5. Prerogatives of the Emperor (a) The Emperor shall have the following prerogatives, so long as he shall reign, which are to be exercised only for the Greater Good of the Empire, according to the advice, of the Consulate.

(b) Supreme Authority - Subject to the limitations laid down in this Constitution, the Emperor shall have the supreme authority in all the affairs of the Realm, and he shall exercise such supreme authority through the Consuls.

(c ) Responsibility of Consuls- The Emperor shall not be answerable for his actions; his person shall be sacrosanct. The Consuls shall be responsible for the conduct of the government; their responsibility shall be determined by law. To the Emperor belongs the Executive power. All laws that have passed the Imperial Assembly, for their validity, shall be signed by His Imperial Majesty.

(d) Appointing Consuls- The Emperor shall appoint and dismiss the Consuls. He shall decide upon the number of Consuls and upon the distribution of the duties of government among them. The signature of the Emperor to resolutions relating to legislation and government shall make such resolutions valid, provided that the signature of the Emperor is accompanied by the signature or signatures of one or more Ministers. A Minister who has signed a resolution shall be responsible for the resolution.

(e) Convoking and dissolving the Imperial Assembly - The Emperor shall convoke and dissolve the Imperial Assembly and call elections under the terms provided for in the Constitution.

(f) Referenda and Plebiscite- The Emperor may convoke a Referendum or Plebiscite on the advice of the Consulate or the Imperial Assembly.

(g) State of Emergency - When the national interest shall require, the Emperor may, by public proclamation, declare a state of emergency, thereby assuming supreme legislative power, adjourning the Imperial Assembly, and declaring its convocation within seven days. In such situations, the rights of His Imperial Majesty's subjects, as defined by this Constitution, shall remain forever inviolable and protected. Upon its convocation, the Imperial Assembly, by a vote of at least a majority of all its Members, with at least three Members answering the quorum call, may resolve to repeal the proclamation of a state of emergency, which shall take effect upon passage as certified by the Speaker. Where the Imperial Assembly cannot convene due to a lack of quorum, the Emperor's legislative powers under this provision shall continue.

(h) Supreme Command of the Armed Forces - The Emperor exercises supreme command of the armed forces of the Empire and the instruments of national defence.

(i) Accreditation of Ambassadors - The Emperor has the power, by and with the advice of the First Consul and the Consulate, to appoint ambassadors, other public Ministers and Consuls who shall be commissioned, accredited and instructed agreeably to the usage and laws of nations. It is His prerogative to receive and acknowledge ambassadors and other public ministers from abroad.

(j) Treaties - It is incumbent upon the Emperor, upon the advice of the Consulate and the ratification of the Imperial Assembly, to express the consent of the State to obligate itself internationally through treaties in conformity with the Constitution and the laws

(k) Imperial Warrants, Letters Patent - The Emperor may execute Imperial Warrants and Letters Patent to associations and corporate bodies within the Empire.

(l) Pardons - The Emperor has the power to grant pardons, reprieves, and amnesty to convicted persons, upon the advice of the Consulate.

(m) Fons Honorum - The Emperor, as the fons honorum, has sole power to elevate citizens to the nobility, grant and bestow orders of chivalry, and present honours.

(n) Declaration of National Holidays - The Emperor may declare national holidays of a temporary or of a fixed permanent nature by proclamation.

(o) Head of the Imperial Family - The Emperor serves as the official head and Patriarch of the Imperial Family of the Empire of the Alexandrians, and may, by Imperial Prerogative, issue regulations to govern the members thereof.

(p) Coinage of Money - The Emperor, through His Government, coins money and, through the Imperial Assembly, regulates the currency by law.

(q) Martial Law and Alienation - The Emperor, with the approval of the First Consul, in a case of invasion or rebellion, can place the whole Empire, or any part of it under martial law; and He can even alienate it, if indispensable to free it from the insult and oppression of any foreign power. Exercise of this power shall be reported by the First Consul to the Imperial Assembly at the earliest opportunity.

(r ) Introduction of Bills - The Emperor may cause Bills and other measures to be introduced in the Imperial Assembly. The Emperor is forbidden from participating in parliamentary debate, or from otherwise influencing the Imperial Assembly and its deputies.

(s) Imperial Assent - The Emperor, through the process of the Imperial Assent, may approve or disapprove of an Act of the Imperial Assembly. Only acts that receive approval through Imperial Assent shall be made into Law. Acts that do not receive the consideration of the Crown within seven (7) days after being dispatched to the Emperor for his Assent shall be passed into Law with the Imperial Assent being automatically assumed.

(t) National Symbols - The Emperor shall establish by Imperial Decree or Proclamation His Standard, the National Flag, the National Ensign, the Great Seal of the Empire, the Coat of Arms of the Empire, all other National Symbols and the National Holidays.

(u) Imperial Property - The Emperor’s private lands and other property are inviolable.

(v) Immunity - The Emperor cannot be sued or held to account in any court or tribunal of the Realm.

Article IV: The Imperial Assembly

Section 1. Legislative Power, Term, Membership, Duties, Location (a) The Legislative Power shall be vested in a unicameral Imperial Assembly, and shall sit in session unless otherwise dissolved or prorogued by the Emperor.

(b) The legislative power of the Imperial Assembly includes the power to ratify treaties with other states. Treaties not ratified within six months are deemed revoked by the Emperor.

(c ) The Imperial Assembly shall be composed only of those who have been naturalised as citizens of the Empire.

(d) The Imperial Assembly shall provide rules and regulations on its composition, structure and membership by law.

(e) Deputies sitting in the Imperial Assembly have the duty to propose, debate, and vote on bills, resolutions and proposals brought before them. A Deputy who has not answered a quorum call is deemed to have forfeited his seat.

(f) The Imperial Assembly shall meet in the place where the Government has its seat, provided that in extraordinary circumstances the Imperial Assembly may assemble elsewhere in the Empire.

(g) Deputies of the Imperial Assembly shall be bound solely by their own conscience and not by any directions given by their electors.

Section 2. Bills and Imperial Assent (a) All legislative bills, resolutions and proposals must be approved by the Imperial Assembly before they can be submitted to the Emperor for Imperial Assent.

(b) Any Deputy of the Imperial Assembly shall be entitled to introduce bills, resolutions and other measures and proposals.

(c ) At the end of every legislative session all bills, resolutions and other measures, which have not been adopted by the Imperial Assembly, shall expire.

(d) Any bill put before the Imperial Assembly that contradicts the Constitution or undermines the laws of the Empire shall be rejected at the discretion of the Speaker of the Imperial Assembly, subject to judicial review.

(e) Except for an Imperial Veto, where His Imperial Majesty withholds the Imperial Assent to proposed legislation, expressions of the Imperial Prerogative, such as an Imperial Decree, Imperial Letters Patent, an Imperial Charter, an Imperial Proclamation, an Imperial Order-in-Council, or a similar Imperial document may be amended or repealed by the Imperial Assembly, provided that two-thirds of all its members shall have voted in favor of the Act amending or repealing the said document.

Section 3. Speaker of the Imperial Assembly (a) The Speaker of the Imperial Assembly has the duty to preside over the Imperial Assembly, organise the Assembly's agenda and to recognise all proposals put before it by its members.

(b) The Imperial Assembly must elect a Speaker by majority vote before proceeding to any other business.

Section 4. Rules (a) The Imperial Assembly shall have the authority to determine its officers and rules, and in the event the expulsion of a member is necessary, it shall be done by a two-thirds vote of all its members.

(b) As representatives of the people of Alexandria, it is the duty of all Deputies to conduct themselves in a polite and gentlemanly fashion in the Imperial Assembly. At no time shall profanity, personal insults or slander be tolerated, and the Imperial Assembly must set rules to this effect.

Article V: His Majesty’s Government

Section 1. Composition, Consulates (a) The Executive Power shall be vested in His Imperial Majesty’s Government, to be composed of the First Consul and the Consulate. The Consulate is the Advisory Body to the Emperor and the First Consul.

(b) Each Consul, except the First Consul, is responsible to a certain department, and may appoint their own subordinate officials, provided that these apppointments, before taking effect, are approved by the Imperial Assembly through a resolution.

(c ) The First Consul serves as chairperson and spokesperson of the Consulate, as well as President of the Government.

Section 2. First Consul (a) The Emperor appoints a person of the highest reputation and ability to be his First Consul, who shall be titled the First Consul of the Empire, and whose style shall be His Excellency, or Her Excellency, if female.

(b ) The First Consul shall be the Emperor’s Prime Councillor in the great affairs of the Empire. All business connected with the special interests of the Empire, which the Emperor wishes to transact, shall be done by the First Consul under the authority of the Emperor. All acts, Imperial Patents, Commissions, and other official documents, duly executed by the First Consul, unless specially excepted by law, shall be equally binding as if executed by the Emperor himself.

(c ) The Administrative Power of the Empire shall be vested in the First Consul of the Empire, and he shall ensure the proper implementation of the law.

(d) The First Consul shall hold office so long as he shall have the Confidence of the Imperial Assembly.

(e) The First Consul may recommend to the Emperor the appointment or dismissal of Consuls to head each department within His Imperial Majesty’s Government.

(f) The First Consul may propose the creation of new departments or the dissolution of existing ones. Their creation or dissolution must be approved by the Imperial Assembly.

(g) The First Consul shall keep the Emperor informed about the affairs of the Empire on a regular basis, and similarly present himself for the examination of the Imperial Assembly.

(h) In the event of the resignation, death, or permanent incapacitation of the First Consul, the Emperor shall appoint a new First Consul who can command a majority of deputies in the Imperial Assembly.

(i) The First Consul or a member of the Consulate shall also be removed from office for the commission of high crimes or treason, and by the process of Impeachment, and subsequent trial before the High Court of Justice. A charge by Impeachment shall require a vote of two-thirds of the Imperial Assembly before the High Court will allow for the trial. Acquittal by result of a trial or by the insufficiency of the Assembly vote shall not cause a discharge of any official, unless otherwise provided by this Constitution.

Section 3. Provincial and Municipal Governments (a) Provinces and Overseas Territories of the Empire are allowed to create their own sub-national governmental bodies and regulations, as long as they main associated territories of the Empire of the Alexandrians, pledge their service to this Constitution and do not contradict any law that may be put forward by the Imperial Assembly or any decrees, ordinances or proclamations of the Emperor and His Government.

(b) National law shall make provision for the establishment and governance of municipalities as the lowest level of local government, provided that the boundaries of municipalities shall be established in consultation with existing municipal and provincial governments.

( c ) National law shall make further provisions regarding the structure of and elections to Provincial and Municipal Governments.

Article VI: The Judiciary

Section 1. High Court of Justice (a) The judicial power of the Empire of the Alexandrians shall be vested in the High Court of Justice and such other inferior courts as may be provided by law.

(b) The judiciary of the Empire of the Alexandrians shall be independent of the executive and the legislature. Judiciary officials shall be obliged to act and to judge fairly and justly according to their own consciences.

(c ) The Imperial Assembly shall enact legislation from time to time regulating the administration of justice in accordance with these principles.

Section 2. Jurisdiction (a) The jurisdiction of the High Court of Justice shall extend to all questions of law within the Empire of the Alexandrians.

(b) It shall have jurisdiction over matters civil, criminal, administrative and constitutional.

Section 3. Judicial Review (a) The High Court of Justice shall have power to judge the constitutionality of Acts of the Imperial Assembly upon petition by any citizen of the Empire. This right shall not be restricted by Act of the Imperial Assembly. A ruling on the constitutionality of an Act shall effectively amend the Act, without hindrance to its other provisions, or repeal the Act, as applicable, in order to ensure its conformity with the Constitution. (b) The decisions of the high Court, when made by a majority of the Justices thereof; shall be final and conclusive upon all parties.

(c ) The Emperor, the Consuls, the Imperial Assembly and citizens of the Empire have authority to require the opinions of the High Court, upon important questions of law, and upon solemn occasions.

Section 4. Nomination (a) Justices may be appointed to serve in the Alexandrian Justice System by the Emperor’s Imperial Majesty.

(b) The Emperor shall be obliged to be politically impartial with regards to the appointment of judges and shall not act based on any political prejudice.

Section 5. Removal A Justice may be removed from office by a resolution of non-confidence adopted by the Imperial Assembly, approved by two-thirds of all its members.

Section 6. Temporary Justices The Imperial Assembly may temporarily approve the appointment of a single judge to administer the High Court of Justice. The single judge will preside as a Lord Chief Justice of the High Court of Justice without distinction to its first instance and appellate functions.

Section 7. No Repeating Justices No Judge or Magistrate can sit alone on an appeal or new trial, in any case on which he may have given a previous judgment.

Section 8. Report From Chief Justice It shall be the duty of the Lord Chief Justice to report on the state of the Judiciary of the Empire upon request of the First Consul or the Imperial Assembly.

Article VII: General Provisions, Amending the Constitution

Section 1. Enacting Style The enacting style in making and passing all legislation originating from the Imperial Assembly, shall be “BE IT ENACTED by His Imperial Majesty Edgard II, Constitutional Emperor and Perpetual Defender, and the Representatives of His Subjects in this Imperial Assembly, and by the Authority of the same, as follows:”

Section 2. Oaths for Government Offices (a) The oath or affirmation of allegiance and the oath or affirmation of office shall be tendered to and taken in public by the First Consul, members of the Consulate and Deputies of the Imperial Assembly as soon as they accept their office or appointment. No person shall take office without first tendering the oath or affirmation of allegiance and the oath or affirmation of office.

(b) The oath of allegiance is: “I, [name], do swear that I will be faithful and bear true allegiance to His Imperial Majesty Emperor Edgard II of all Alexandrians, his heirs and successors, according to the law; and support and defend the Emperor and the Empire against all enemies, foreign and domestic; and that I will faithfully safeguard the independence and territorial integrity of the Empire. [So help me God.]”

(c ) The oath of office is: “I, [name], do swear that I will well and truly serve His Imperial Majesty Emperor Edgard II of all Alexandrians in the office of [office]; and that that I take this obligation freely, without any mental reservation or purpose of evasion. [So help me God.].”

(d) The affirmation of allegiance is: "I, [name], do solemnly, sincerely and truly declare and affirm that I will be faithful and bear true allegiance to His Imperial Majesty Emperor Edgard II of all Alexandrians, his heirs and successors, according to the law; and support and defend the Emperor and the Empire against all enemies, foreign and domestic; and that I will faithfully safeguard the independence and territorial integrity of the Empire."

(e) The affirmation of office is: "I, [name], do solemnly, sincerely and truly declare and affirm that I will well and truly serve His Imperial Majesty Emperor Edgard II of all Alexandrians in the office of [office]; and that that I take this obligation freely, without any mental reservation or purpose of evasion."

Section 3. Laws In Effect & Government Positions (a) All laws now in force in this Empire, with the exception of previous Constitutional documents, shall continue and remain in full effect, until altered or repealed by the Imperial Assembly; except for such parts as are repugnant to this Constitution, such parts being either considered void or amended.

(b) All laws now enacted, or that may hereafter be enacted, contrary to this Constitution, shall be null and void.

(c ) All persons holding positions in the transitional Imperial Government shall retain their positions once this Constitution is enacted, unless both the Emperor and the Imperial Assembly shall resolve otherwise.

Section 4. Ratification of this Constitution, Transitory Provisions

For this Constitution to take full and official effect, the Imperial Assembly must confirm the ratification of this Constitution by a majority vote of all its members, and His Imperial Majesty must grant the Imperial Assent; thereafter His Imperial Majesty shall, by public proclamation, promulgate the effectivity of this Constitution, and the Imperial Assembly shall proceed to exercise its powers in accordance with this Constitution. Should the Imperial Assembly vote against confirming the ratification of this Constitution, the Imperial Assembly will be tasked with writing and confirming a new draft.

Section 5. Parliamentary Power To Amend Constitution (a) The Constitution of the Empire of the Alexandrians, in order to remain compatible through the rigours of a rapidly changing world, grants the Imperial Assembly the capacity to amend it.

(b) For an amendment to be ratified, it must achieve the support of both the majority of deputies in the Imperial Assembly and of the Emperor’s Majesty.

(c ) If an amendment is vetoed by the Emperor, it may still be ratified if two-thirds of all the members of the Imperial Assembly votes to overturn the veto.

Amendments

There were two amendments to the Constitution.

The first was an amendment with regard to oaths of office. The second amended the powers of the government to include public health as a government responsibility, and limited the powers of the national government in favor of the provinces.