Alexandrian Constitution of 2005

The Constitution of the Empire of the Alexandrians 2005

Part I [General Provisions]

Article 1 [Scope]

This Constitution applies to all parts of the Empire of the Alexandrians.

Article 2 [State Form, Composition]

(1) The form of government shall be that of a constitutional monarchy. The Imperial Power is inherited by men and women in accordance with the provisions of the Portela Family Pact. (2) The Empire of the Alexandrians is composed of five provincial departments: Asuncion, Puerto Nuevo, Rio Grande, Valenciennes and Baudrix. New provinces may be admitted by the Imperial Parliament into the Empire; but no new province shall be formed or erected within the jurisdiction of another one; nor any province be formed by the junction of two or more provinces, or parts of provinces, without the consent of the legislatures of the provinces concerned as well as of the Imperial Parliament. (3) The official capital and seat of government of the Empire is the city of Geneva in the province of Baudrix, which as capital, has the title of Imperial City and is governed directly by the Emperor or an institution created by the Emperor to govern it. The seat of the Government may be moved only temporarily for no more than one year and then only for serious reasons.

Article 3 [State Powers]

The legislative power is jointly vested in the Emperor and the Parliament. The executive power is vested in the Emperor. The judicial power is vested in the courts of justice.

Article 4 [State Religion]

No Parliament, including His Majesty the Emperor of Alexandria, shall enact any law, or proclaim or decree the establishment of any religion as the State Religion and shall not abridge or revoke any privileges, elected or appointed offices or human and civil rights for the failure to recognize any religion practiced in the Empire ore elsewhere.

Part II [Rights and Liberties]

Article 5 [Freedom of movement and speech]

The people possess all rights and freedoms regardless of race, colour, sex, 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.

Article 6 [Freedom of the 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.

Article 7 [Freedom of information]

Freedom of Information is guaranteed. Any documents in possession of the Government of the Empire of the Alexandrians shall be made known to the public except those directly linked to the national security of the nation.

Article 8 [Freedom of religion]

The Empire of the Alexandrians guarantees Freedom of Religion. No person shall for reasons of his creed or descent be deprived of access to complete enjoyment of his civic and political rights, nor shall he for such reasons evade compliance with any common civic duty.

Article 9 [Equality of citizens and aliens before the courts]

All citizens and aliens shall be equal before the courts, government bodies, and other bodies vested with public powers.

Article 10 [Freedom from War]

No citizen shall be required by law, force or any other possible or practical means to fight for such purposes as to engage in an act of war against another entity on behalf of the Empire. Nor shall any citizen be imprisoned, slandered or criminally charged for refusing to fight for such purposes as to engage in an act of war against another entity on behalf of the Empire.

Part III [The Emperor]

Article 11 [Reigning no Other Countries]

The Emperor shall not reign in other countries except with the consent of the Parliament.

Article 12 [Sworn on the Constitution]

The Emperor, prior to his accession to the Throne, shall make a solemn Declaration in writing before the Parliament that he will faithfully adhere to the Constitution Act. Two identical originals of the Declaration shall be executed, one of which shall be handed over to the Parliament 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 on his accession to the Throne, the government shall, unless otherwise provided by Statute, be conducted by the Prime Minister until such Declaration has been signed. Where the Emperor already as Successor to the Throne has signed the aforesaid Declaration, he shall accede to the Throne immediately on its vacancy.

Article 13 [Vacancy of the Throne]

Provisions relating to the exercising of sovereign power in the event of the illness, or absence of the Emperor shall be laid down by Statute. Where on the vacancy of the Throne there is no Successor to the Throne, the Parliament shall elect an Emperor and establish the future order of succession to the Throne.

Article 14 [Civil List and Annuities]

(1) The Civil List of the Emperor shall be granted for the duration of his reign by Statute. Such Statute shall also provide for the castles, palaces, and other State property which shall be placed at the disposal of the Emperor for his use. (2) The Civil List shall not be chargeable with any debt. (3) Members of the Imperial House may be granted annuities by Statute. Such annuities shall not be enjoyed outside the Realm except with the consent of the Parliament.

Article 15 [Powers of the Emperor]

(1) [Supreme Authority] Subject to the limitations laid down in this Constitution Act the Emperor shall have the supreme authority in all the affairs of the Realm, and he shall exercise such supreme authority through the Ministers. (2) [Responsibility of Ministers] The Emperor shall not be answerable for his actions; his person shall be sacrosanct. The Ministers shall be responsible for the conduct of the government; their responsibility shall be determined by Statute. (3) [Appointing Ministers] The Emperor shall appoint and dismiss the Ministers. He shall decide upon the number of Ministers 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. (4) [Convoking and dissolving Parliament] The Emperor shall convoke and dissolve the Parliament and call elections under the terms provided for in the Constitution. (5) [Referenda] The Emperor may convoke a referendum on the advice of the Cabinet or Parliament. (6) [State of emergency] The Emperor may declare a state of emergency during which time he may dissolve the Parliament and rule by decree should it become clearly apparent that the Parliament is no longer able to function, thus endangering the survival of the state. The Emperor shall call a national election within two weeks of declaring a state of emergency, thereby restoring the Parliament. In the event that the Parliament cannot be restored, the Emperor shall rule the land independently until such time as the people manifest an ability to govern themselves. (7) [Supreme Command of the Armed Forces] The Emperor exercises supreme command of the forces and instruments of national defence. (8) [Accreditation of ambassadors] The Emperor accredits ambassadors and other diplomatic representatives. Foreign representatives in Hanover are accredited before him. (9) [Treaties] It is incumbent upon the Emperor to express the consent of the State to obligate itself internationally through treaties in conformity with the Constitution and the laws. (10) [Imperial Warrants, Letters Patent] The Emperor may execute Imperial Warrants and Letters Patent to associations and corporate bodies within the Realm. (11) [Pardons] The Emperor has the power to grant pardons, reprieves, and amnesty to convicted persons. (12) [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. (13) [Declaration of national holidays] The Emperor may declare national holidays of a temporary or of a fixed permanent nature by proclamation. (14) [Head of the Imperial Family] The Emperor serves as the official head and Patriarch of the Imperial Family of the Empire of Alexandria. (15) [Introduction of Bills] The Emperor may cause Bills and other measures to be introduced in the Parliament. The Emperor is forbidden from participating in parliamentary debate. (16) [Imperial Assent] The Emperor, through the process of the Imperial Assent, may approve or disapprove of an Act of the Parliament. Only acts that receive approval through the Imperial Assent shall be made into Law. Acts that do not receive the consideration of the Crown within 15 days after being dispatched to the Emperor for his Assent shall be passed into Law with the Imperial Assent being automatically assumed.

Part IV [Parliament]

Article 16 [Legislative Power, Term, Membership, Duties, Location]

(1) The Legislative Power shall be vested in a unicameral Imperial Parliament, and shall sit for a session in duration for three months. The legislative power of the Imperial Parliament includes the power to ratify treaties with other states. Treaties not ratified within six months have to be revoked by the Emperor. (2) The Parliament shall consist of one Member from each Territorial Division of the Empire of the Alexandrians, one Member appointed by the Emperor as a scholar and Member of the Roman Catholic Church and one Member chosen by the Prime Minister from the judiciary. (3) Ministers sitting in the Imperial Parliament have the duty to propose, debate, and vote on bills brought before them. A Minister who has not voted on any question within 28 days is deemed to have forfeited his seat. (4) The Parliament shall meet in the place where the Government has its seat. Provided that in extraordinary circumstances the Parliament may assemble elsewhere in the Realm. (5) The Members of the Parliament shall be bound solely by their own conscience and not by any directions given by their electors.

Article 17 [Right to Vote]

(1) Any person who has a right to vote in Parliament elections shall be eligible for membership of the Parliament, unless he has been convicted of an act which in the eyes of the public makes him unworthy of being a Member of the Parliament. (2) For any person to have the right to vote in Parliament elections they shall have to register their name and other contact information in the Provincial Registry of their territorial division of residence.

Article 18 [Elections]

(1) The Members of the Parliament shall be elected by general and direct ballot. The Prime Minister of the Empire calls for these by-elections in each territorial subdivision. (2) Elections to Parliament are held the second weekends in February, May, August, November, or when the Parliament has been dissolved. (3) Vacancies must be filled by the parties of the members who last occupied those seats. If the seat was held by an independent, the Emperor must appoint another independent to the vacancy. (4) Each party may nominate a party list with up to as many candidates as there are seats. Independents also may nominate.

Article 19 [Bills and Imperial Assent]

(1) All legislative bills, excepting matters discussed in Clause 6 of this Article, must be approved by Parliament before they can be submitted to the Crown for the Imperial Assent. (2) Any Member of the Parliament shall be entitled to introduce Bills and other measures. (3) No Bill shall be finally passed until it has been read three times in the Parliament. (4) Two-fifths of the Members of the Parliament may request of the Speaker that the third reading of a Bill shall not take place until twelve week-days after its passing the second reading. The request shall be made in writing and signed by the Members making it. Provided that there shall be no such postponement in connection with Finance Bills, Supplementary Appropriation Bills, Provisional Appropriation Bills, Government Loan Bills, Naturalization Bills, Expropriation Bills, Indirect Taxation Bills, and, in emergencies, Bills the enactment of which cannot be postponed owing to the intent of the Act. (5) In the case of a new election and at the end of the session all Bills and other measures which have not been finally passed shall be dropped. (6) Any bill put before the Imperial Parliament that contradicts the Constitution or undermines the laws of the Empire shall be rejected at the discretion of the Speaker of the Imperial Parliament, subject to judicial review.

Article 20 [Speaker]

The Speaker of the Parliament has the duty to organize Parliament’s agenda and to recognize all proposals put before the house by its members. The body must elect a Speaker by majority vote before proceeding to other business.

Article 21 [Rules]

Parliament may implement its own rules, and in the event the expulsion of a member is necessary, it shall be done by a two-thirds vote of the body. As representatives of the people of Alexandria, it is the duty of all Ministers to conduct themselves in a polite and gentlemanly fashion in Parliament. At no time shall profanity, personal insults or slander be tolerated, and the Parliament must set rules to this effect.

Part V [His Majesty’s Government]

Article 22 [Composition, Ministries]

The Executive Power shall be vested in His Majesty’s Government, to be composed of the Prime Minister and a Cabinet of Ministers. The Cabinet is the Advisory Body to the Emperor and the Prime Minister. Each Minister (except the Prime Minister) is responsible to a certain department and can appoint their own deputy ministers, but these appointments must be approved by the Imperial Parliament. Ministries include: -->Ministry of Foreign Affairs: Responsible for relations with foreign micronations. -->Ministry of Economics: Responsible for the nation’s economic growth and development. -->Ministry of Defence: Oversees security of the Nation. -->Ministry of the Interior: Promotes travel to the micronation, promotes growth and receives citizenship applications, promotes and develops Alexandrian culture, handles any other internal task that it may be given. The Prime Minister chairs the Cabinet. All Ministers are permitted to appoint Deputy Ministers. These do not have to be approved by Parliament.

Article 23 [Prime Minister, How Elected]

The Administrative Power of the Empire shall be vested in the Prime Minister of the Empire, in that he shall see to the logistical implementation of Parliamentary law. He shall hold his office for a term of four months and be elected as follows: (1) Under the supervision of the Electoral Commissioner, the ballots shall be tallied. The person having the greatest number of votes shall be Prime Minister, if such number be a majority of votes cast. If no person receives a majority of votes cast a special Election shall be called by the Emperor for thirty days hence and the three persons receiving the greatest number of votes during the general election shall be placed on the ballot. The person receiving the greatest number of votes during the special election shall be the Prime Minister notwithstanding a majority of votes received. He shall set the agenda for the progress of His Majesty’s Government for a session.

Article 24 [Requirements]

No person shall be Prime Minister of the Empire who shall not have been a citizen of Alexandria for a period of three months.

Article 25 [Recommendations to Emperor]

The Prime Minister may recommend to the Emperor the appointment or dismissal of ministers to head each department within His Majesty’s Government.

Article 26 [New Departments]

The Prime Minister may propose the creation of new departments or the dissolution of existing ones. Their creation or dissolution must be approved by Parliament.

Article 27 [PM to inform Emperor and Parliament]

The Prime Minister shall keep the Emperor informed about the affairs of the Realm on a regular basis, and similarly present himself for the examination of Parliament.

Article 28 [Succession]

In the event of the resignation, death, or permanent incapacitation of the Prime Minister, the Speaker of the Parliament shall assume the role of Prime Minister until the next scheduled election.

Article 29 [Impeachment]

The Prime Minister or another Minister shall 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. A charge by Impeachment shall require a vote of two-thirds of both houses of the Parliament before the High Court will allow for the trial. Acquittal by result of a trial or by the insufficiency of the parliamentary vote shall not cause a discharge of any Public Minister.

Article 30 [Provincial Governments]

The Provinces of Alexandria are allowed to create their own governmental bodies and regulations, as long as they pledge their service to this Constitution and do not contradict any law that may be put forward by the Imperial Parliament of the Empire of the Alexandrians.

Part VI [Judiciary]

Article 31 [High Court of Justice, Independence]

The judicial power of the Empire of the Alexandrians shall be vested in the High Court of Justice. The judiciary of the Empire of the Alexandrians shall be independent of the executive and the legislature. Any holder of judicial office shall not be a member of the executive, legislature or any political party. The Imperial Parliament shall enact legislation from time to time regulating the administration of justice in accordance with these principles.

Article 32 [Jurisdiction]

The jurisdiction of the High Court of Justice shall extend to all matters of law within the Empire of the Alexandrians. It shall have jurisdiction over matters civil, criminal, administrative and constitutional.

Article 33 [Judicial review]

The High Court of Justice shall have power to judge the constitutionality of Acts of Parliament upon petition by a citizen(s) of the Empire. This right shall not be restricted by Act of Parliament.

Article 34 [Nomination]

Judges may be appointed to serve the Empire by a process of simple non-partisan nomination. Any Member of Parliament may nominate any independent citizen of the Empire to serve as a Judge, this nomination must be endorsed by no less than four citizens of the Empire. No more than two endorsements may come from any single party or special interest group within the Empire. A senior justice shall be appointed as Lord Chief Justice.

Article 35 [Removal]

Should any Member of Parliament deem it necessary to dismiss a Judge, he may attempt to do so by presenting the issue to Parliament for a vote.

Article 36 [Lord Chief Justice]

In the event that the Lord Chief Justice must be replaced, it shall be conducted through a popular vote among sitting Judges. In the event that the Empire boasts fewer than three sitting Judges, the position of Lord Chief Justice shall be temporarily filled by the most senior of the Empire's judges until such time that an election may be held.

Article 37 [Temporary Justices]

Parliament may temporarily approve the appointment of a single judge to administer the High Court of Justice. The single judge will preside as a sole judge of the High Court of Justice without distinction to its first instance and appellate functions.

Part VII [Amending the Constitution]

Article 38

The Constitution of the Empire of the Alexandrians, in order to remain compatible through the rigors of a rapidly changing world, grants the Imperial Parliament the capacity to amend it. First, a proposal for a law amendment is made. It must achieve a majority in the Imperial Parliament and not be vetoed by the Prime Minister and/or the Emperor. If the amendment is vetoed, it may still be passed if the Imperial Parliament votes for its passing in a two-thirds majority.