Constitution of Elwynn (1671-1696)

The Constitution of the Elwynnese Republic is the constitution governing the entirety of the Elwynnese Republic. It has three parts, the first part covers the national government, the second part Alalehzamin ("the South"), and the third part the congressional counties of the Elwynnese Republic ("the North").

Constitution of the Elwynnese Republic

ARTICLE 1: On the Republic.

Section 1: Establishment

The Elwynnese Nation, finally united after having been ravished over the centuries by subjugators and imperialists, establishes for itself a free, independent and sovereign body politic under the name of the Elwynnese Republic.

Section 2: Law and jurisdiction

1. The territory of the Republic is indivisible.
2. The official languages of the Republic are Elw, Babkhi and Istvanistani.
3. The symbols of the Republic are defined by Act of the Republic and protected under the law of the Republic.
4. The law, administration and jurisdiction of the Republic extend to the whole of its territory under effective control of its Government. All Government officers and members, whether elected or appointed, operating under the authority of the Republic must be citizens of the Elwynnese Republic excepting special and honorary appointees made by the Prince that are subject to the discretion of the Council of Eliria.
5. The common law, and all other law adopted before this Constitution, remains intact in as much it conforms to the present Constitution.
6. The present Constitution is the supreme law of the land. All things repugnant to it are null and void.

ARTICLE 2: Bailiwicks and autonomous republic.

Section 1: Bailiwicks

The Republic is divided into bailiwicks. The borders, names and number of the bailiwicks are decided by Act of the Elwynnese Republic. The official languages of a bailiwick are those which at least one fifth of the population in that bailiwick has as native language as well as such languages as that bailiwick shall further afford the status of official.

Section 2: Autonomous republics

1. The Republic is divided into two autonomous republics – the Alalehzamini Autonomous Republic (hereinafter "Alalehzamin") and the Congressional Counties of the Elwynnese Republic (hereinafter "Congressional Counties") – having the borders as previously established.
2. Each autonomous republic shall decide on the powers of its bailiwicks for all other matters as are not indicated by this Constitution and any law made under the Constitution.
3. The constitutions of the autonomous republics are affixed to the present Constitution and form part of it.

ARTICLE 3: Legislature

Section 1 Powers

1. The legislative powers of the Republic are vested in the Council of Eliria. Laws made by the Council of Eliria are termed Acts of the Republic.
2. The jurisdiction of the legislative powers of the Republic are state security and intelligence, military affairs, the enforcement of justice and the system of courts throughout the Republic, foreign affairs and trade, national elections and referenda as well as all interrepublican trade, commerce, and infrastructure and all such matters as are agreed by the autonomous republic to be vested in the Council of Eliria.
3. The Council of Eliria has the power to impose taxation to fund the annual budget of the Elwynnese Republic.

Section 2: Composition

The Council of Eliria consists of the Prince of the Elwynnese Republic, and one representative each for the executive of each autonomous republic and one each for the legislature of each autonomous republic.

Section 3: Procedure

A decision by the Council of Eliria is made by:

• acclamation,
• the vote of the Prince and the vote of two representatives (of which both autonomous republics are represented),
• the unanimous vote of the representatives of the autonomous republic (when the Prince is absent, unable or unwilling to cast a vote in favour), or,
• in matters of procedure, three votes.

ARTICLE 4: Executive

Section 1: Powers

The executive powers of the Republic are vested in the Prince of the Elwynnese Republic. In so doing, the Prince promulgates and executes the Acts of the Republic, oversees and charges the civil service of the Republic, commands the Union Defence Force, and represents the Republic in relations with foreign powers (that is, the Prince accredits and receives ambassadors and other envoys).

Section 2: Term of the Prince

1. The term of office of the Prince is at maximum six years. Before the end the citizens of the Republic shall elect a Prince for the next term.
2. The term of office of the Prince ends upon the end of the six-year period, upon his death, resignation from office or removal from office by an act of impeachment of the legislatures of both autonomous republics.
3. Upon taking office, the Prince shall appoint from among the members of the Council of Eliria a Steward. The Steward shall act in the Prince’s name whenever the Prince is absent or during a period of sede vacante of the Prince.

ARTICLE 5: Judicial

Section 1: Court of the Star Chamber

1. The judicial powers of the Republic are vested in the Court of the Star Chamber of the Elwynnese Republic and all such inferior courts as Acts of the Republic may establish.
2. Members of the Court of the Star Chamber are as follows: one third to be nominated by the Government of the Alalehzamini Autonomous Republic and confirmed by the Council of Eliria; one third to be nominated by the Government of the Congressional Counties and confirmed by the Council of Eliria, and one third nominated by the Prince and confirmed by the Council of Eliria (in the confirmation for persons nominated by the Prince, the Prince shall be absent from the vote). The term of office of a member of the Court of the Star Chamber shall not exceed 20 years, or beyond the member’s age of 80.

Section 2: Courts of the autonomous republics

Each autonomous republic may establish courts of law for matters under its own jurisdiction. In any conflict between autonomous republican courts and the courts of the Elwynnese Republic, the courts of the Elwynnese Republic have precedence.

ARTICLE 6: Citizenship and residency

Section 1: Extension of citizenship

1. Citizenship of the Republic is automatically extended to all citizens, denizens and loyal subjects of the Imperial Republic who:
   1. at any time between 1652 and 1672 were legally resident in the territory of the present Republic, or
   2. were born in the territory of the Republic, or
   3. were born outside the territory of the Republic to any person legally resident in the territory of the Republic or born in the territory of the Republic.
2. Citizenship is also extended to any person who is born or legally adopted where the mother or father is a citizen of the Republic, or where at least two grandparents are citizens of the Republic.
3. Citizenship may be extended by the Prince to foreigners or stateless persons resident in the Republic with a permanent right of abode.
4. Citizenship may be extended by the Prince to other persons belonging to the Elwynnese Nation.

Section 2: Residency

1. Foreign nationals resident in the Republic are resident by virtue of either possessing a permanent right of abode or having leave to remain in the Republic
2. The Prince may, on the application of a foreigner resident in the Republic, grant permanent right of abode to the foreigner if the Prince is satisfied that the foreigner is of good character and enriches the social fabric of the Elwynnese Nation by his/her skills, demeanour, or investments.
3. The Prince may only revoke the right of abode of a person if that person has resided outside the territory of the Republic for a period exceeding five years, or if that person has been found guilty of a crime, the punishment of which is a loss of liberty for any duration of time;
4. The Prince may grant to a foreigner a right to remain in the Republic:
   1. for a specific period of time;
   2. for a specific purpose (for example for the duration of an employment, studies, etc);
   3. in order for the foreigner to exercise his or her rights enjoyed under a treaty with the Republic;

Section 3: Rights and duties not otherwise specified

1. All citizens of the Republic have a right of free movement throughout the Republic in accordance with law; they make take up work or residency wherever in the Republic that they may find a home or employment.
2. All persons resident in the Republic have a duty to uphold the peace, order and law of the Republic.
3. All citizens are equal to one another. Titles of nobility or royalty are not recognized. Feudalism, in all its forms, is abolished.
4. The Prince may revoke the citizenship of a person if the Prince is satisfied that:
   1. the citizen has renounced citizenship in the Republic;
   2. the citizen has been found guilty of a crime against the Elwynnese Nation or Republic;
   3. the citizen has collaborated with enemies of the Elwynnese Nation or Republic;
   4. the citizen has waged war against the Elwynnese Nation or Republic
5. The customary rights of the citizens under the Charter of Rights and Freedoms shall not be infringed upon in so far as they are consistent with the Constitution of the Elwynnese Republic.

ARTICLE 7: The Union Defence Forces

Section 1: Armed forces

The armed forces of the Elwynnese Republic exist for the defence of the Republic and the promotion of peace. Their name is the Union Defence Forces.

Section 2: The Prince's duties

1. It shall be the duty and the right of the Prince to take care that, throughout the Union Defence Force, all units and formations be kept full and well equipped, and that unity be established and maintained in regard to organisation and formation, equipment, and command in the training of the men, as well as in the qualification of the officers. For these purpose the Prince shall be authorised to satisfy himself at any time of the condition of the several contingents, and to provide remedies for existing defects.
2. The Prince shall determine the strength, composition, and division of the contingents of the Union Defence Force, and also the organisation of the militia, and he shall have the right to designate garrisons within the territory of the Republic, as also to call any portion of the Union Defence into active service, subject to limitations detailed by the Constitution herein.

Section 3: The Citizen's duty

1. Every Citizen is subject to military duty, and in the discharge of this duty as a Soldier no substitute can be accepted.
2. A Soldier has his residence in his garrison. The residence of a soldier who has no garrison within the country is deemed to be his last garrison within the country.
3. A Soldier resides apart from civil society, and during his Tenure of Service all guild, corporate and familial affiliations are held to be in abeyance. A Soldier has one loyalty - to the Republic.
4. At the end of his Tenure of Service the Soldier shall return to his former affiliations and obligations as a Citizen of Civil Society.
5. The former Soldier, returning to Civil Society as a Citizen may, unless subject to a criminal record, be considered for preferential advancement, promotion or transfer, between Guilds, Corporations and Bailiwicks, based upon his record of service and demonstrable skills acquired.
6. Every Citizen capable of bearing arms shall be available to serve for seven years in the Union Defence Force, ordinarily from the end of his twentieth to the beginning of his twenty-eighth years; the first three in the Territorial Defence, the last four years in the Auxiliary Corps; during the next five years he shall belong to the Reserve which will provide the Non-Combat Service Corps.
7. The strength of the Union Defence Force in time of peace shall be one per cent of the population of the Elwynnese Republic and shall be furnished by the Bailiwicks in proportion to their population. Any adjustment to the strength of army in time of peace shall be fixed by Acts of teh Republic.

Section 4: Deployment

1. The Council of Eliria reaffirms holds the constitutional right to declare war and authorise the deployment of armed forces abroad.
2. The Prince may not declare war and can only deploy forces abroad prior to authorisation in the event of the State of Elwynn being significantly imperilled by an impending and or imminent attack for the purpose of safeguarding the Realm.
3. In the event of authorising a unilateral deployment of forces, any such deployment must be referred by the Prince to the Council of Eliria within forty-eight (48) hours of the authorisation being given.
4. The legislatures of the autonomous republic, acting jointly, may impeach the Prince if, by a majority vote in each, they feel he has acted without justifiable cause. The Offence shall be that of 'Usurpation of Authority and the Waging of Warfare Contrary to Law'. The Prince, if impeached, shall, in addition to suffering loss of Office, be prohibited from holding public office for thirty Elw Years and be referred to the Court of Star Chamber for investigation and trial.

Section 5: Cost

The costs and the burden of all the military system of the Republic are to be borne equally by all the Bailiwicks and their subjects, Where an equal distribution of the burdens cannot be effected in natura without prejudice to the public welfare, affairs shall be equalised by Acts of the Republic in accordance with the principles of the Constitution.

ARTICLE 8: State security

Section 1: Gentlemen-at-Cudgels:

There shall be established within the bounds of the Republic a force for the maintenance of order and discipline therein. This force shall be known as the Gentlemen-at-Cudgels, an Auxiliary Corps of the Union Defence Force, collectively, and individually by titles graded according to rank, area of command and proficiency, as shall be set out hereafter.

Section 2: Structure

1. The Gentlemen-at-Cudgels shall consist of a graded structure as intimated by Article Eight;
2. At its apex shall be the Bludgeoner-General, who shall act at the behest of the Court of the Prince and in that manner shall operate an effective command over all subordinate gentlemen-at-cudgels whom he shall appoint in the Republic for public service with cudgels in the manner instructed by higher authority;
3. Appointed by the Bludgeoner-General shall be a Superintendent Officer of Cudgels for each of March of this State. The Superintendent Officer of Cudgels shall have primary responsibility for the conduct of cudgelling in the March under his charge and shall answer to the Bludgeoner-General for the same;
4. In each city Bailiwick of the March the Superintendent Officer of Cudgels shall appoint a Master of Cudgels who shall be charged with the expediting of writs of cudgelling and other similarly civic-minded duties. The Master of Cudgels shall answer to the Superintendent Officer of Cudgels for his conduct in the exercise of his duties. The Master of Cudgels shall have the services of a retinue of twenty Gentleman-Cudgellers and as many cudgel-carriers and apprentice cudgel-carriers shall be deemed appropriate;
5. The Court of the Prince may at its own discretion establish ad hoc Commanderies or fortified outposts within the State under the civilian authority of a Reeve assisted by a Gentleman-Cudgeller, who shall answer to the Superintendent Officer of Cudgels in the March where the Commandery is established. The Gentleman-Cudgeller shall have command of twenty cudgel-carriers, being the lowest rank of non-apprenticed cudgellers.

Section 3: Writ of Cudgelling

1. A writ of cudgelling may be issued by an appropriate agency so authorized by the Prince, the autonomous republic government or the bailiwick government, for any act that may be reasonably accomplished through the application of cudgels provided that it is discernibly for the benefit of public order and discipline and is to the commonweal of the greater portion of the denizens resident in the Republic;
2. The writ shall specify which Bailiwick or Commandery shall be responsible for the cudgelling, what or whom the cudgelling is to be against, and what is to be done with the cudgelled subsequent to the act of cudgelling;
3. To be valid the writ must be signed by the Court of the Prince and the cudgelling thoroughly expedited by no later than twelve days after the issuance of the aforementioned writ;
4. The Councillors of Eliria shall enjoy immunity from cudgelling.

Section 4: The Panopticon Department

1. By this order the Panopticon Department is hereby constituted.
2. It shall be administered and directed by the Panopticon Department Main Office which shall itself be under the direction of the Chief Director who shall be appointed by the Court of the Prince.
3. The Panopticon Department shall combat all enemies of the State within and outside the borders of the State.

Section 5: Panopticon Department Main Office

The Panopticon Department Main Office shall have responsibility for the coordination of all departments of the security apparatus within the Panopticon Department.

Section 6: The Panopticon Structure

1. . The Panopticon Department shall be structured as follows:
   1. . Office A: Internal Security
   2. Office B: Criminal Activities
   3. Office C: Counter Intelligence
   4. . Office D: Identity, Moral Rearmament & Enlightenment of Elwdom
2. Under those offices the Chief Director Panopticon Department (Main Office) may raise any ad hoc units and formations as he may deem appropriate for the fulfilment of the remit of the Panopticon Department.

Section 7: Enabling Powers

§7.1. The Chief Director Panopticon Department (Main Office) is authorised to undertake whatever actions he deems appropriate for the security of the Republic and shall be granted immunity from prosecution for any actions undertaken in accordance with his role, subject to the discretion of the Council of Eliria.

ARTICLE 9: Contingencies

Sole section

1. Should the Republic find itself involved in an external conflict, natural disaster or civil emergency, or exposed to the danger of such, the Prince or the President of Congress may convene Congress via special notice outwith the Capital.
2. If the Republic is involved in an external conflict, natural disaster or civil emergency, and consequently either the Prince or Congress are prevented from carrying out their duties, the such Senators as may assemble in any place together may elect a Prince or Steward as necessary.
3. If the Republic is involved in an external conflict, natural disaster or civil emergency, the Prince may arrange mitigating actions, as appropriate, without seeking the approval of Congress, if deferment of such an agreement would otherwise imperil the Republic.
4. Each public authority in occupied or otherwise compromised areas shall act in a manner that best serves defence efforts, or appropriate mitigating actions, as well as the protection of the population and the Elwynnese interests at large. In the event of an area being occupied by a foreign power, under no circumstances may any public authority take any action which imposes upon a citizen of the Republic the duty of rendering assistance to such a power. Neither may elections may be held in such occupied areas.

ARTICLE 10: Final provisions and amendment

Section 1: Replacement

This Constitution replaces the Transitional Charter of Government of the Elwynnese Republic. It may be amended by the Council of Eliria provided the assent for the amendment is given from the legislature of each autonomous republic.

Section 2: Amendments

An amendment to the constitution of an autonomous republic requires only the assent of the Council of Eliria, provided that the legislature of that autonomous republic has adopted a bill to amend its constitution accordingly.

Constitution of the Alalehzamini Autonomous Republic

here be dragons

Constitution of the Congressional Counties of the Elwynnese Republic

Article 1: The Organization of Congressional Counties

Section 1

1. This Constitution applies to Congressional Counties of the Elwynnese Republic in accordance with the Constitution of the Elwynnese Republic.
2. Elwynnese democracy is founded on the free formation of opinion and on universal and equal suffrage. It shall be realised through a representative and congressional polity and through bailiwick self-government.
3. Public power shall be exercised under the law.
4. Public power shall be exercised with respect for the equal worth of all and the liberty and dignity of the private person.
5. The personal, economic and cultural welfare of the private person shall be fundamental aims of public activity. In particular, it shall be incumbent upon the public institutions to secure the right to work, housing and education, and to promote social care, social security, and a good living environment.
6. The public institutions shall promote the ideals of democracy as guidelines in all sectors of society. The public institutions shall secure equal rights for men and women and protect the private and family lives of private persons.
7. Opportunities should be promoted for ethnic, linguistic and religious minorities to preserve and develop a cultural and social life of their own.

Section 2: Congress

1. The Congress of the Elwynnese Republic is the foremost representative of the people.
2. Congress enacts the laws, determines congressional taxes and decides how Congressional funds shall be employed. Congress shall examine the government and administration of Congressional Counties.

Section 3: Government

The Government governs, and is accountable to Congress.

Section 4: Counties and bailiwicks

1. Congressional Counties consists of traditional counties and bailiwicks.
2. The decision-making power in bailiwicks is vested in elected assemblies.
3. Bailiwicks may levy taxes in order to perform their tasks.
4. Traditional counties exist for purposes of census, statistics, and jurisdictions of courts of appeal.

Section 5: Courts of law

1. Courts of law exist for the administration of justice, and central and local government administrative authorities exist for the public administration.
2. Courts of law, administrative authorities and others performing tasks within the public administration shall have regard in their work to the equality of all persons before the law and shall observe objectivity and impartiality.

Article 2: Congress

1. Congress shall be appointed by means of free, secret and direct elections. In such elections, votes shall be cast for parties, with an option for the voter to express a preference for a particular candidate.
2. Congress shall consist of a single chamber comprising 250 members. Alternates shall be appointed for all members.
3. Every Elwynnese citizen who is currently domiciled in Congressional Counties or who has ever been domiciled in Congressional Counties shall be entitled to vote in a congressional election. A person who has not attained the age of sixteen on or before election day shall not be entitled to vote.
4. Ordinary elections for Congress shall be held every four years.
5. The Government may order an extraordinary election for Congress to be held between ordinary elections. An extraordinary election shall be held within three months from the issue of such an order.
6. After an election for Congress has been held, the Government shall be debarred from calling an extraordinary election until three months from the date on which the newly-elected Congress first convenes. Neither may the Government call an extraordinary election while ministers remain at their posts, pending assumption of office by a new Government, after all have been formally discharged.
7. A newly-elected Congress shall convene on the fifteenth day following election day but not before the fourth day after the result of the election has been declared.
8. Each election shall be valid for the period from the date on which the newly-elected Congress convenes to the date on which Congress elected next thereafter convenes. This period is the electoral period of Congress.
9. The Congressional Counties shall be divided up into constituencies for the purposes of elections for Congress.
10. The constituency seats shall be distributed among the counties on the basis of a calculation of the relationship between the number of persons entitled to vote in each constituency and the total number of persons entitled to vote throughout the whole of Congressional Counties. The distribution of seats among the constituencies shall be determined for four years at a time.
11. The seats shall be distributed among the parties. Party shall be understood to mean any association or group of voters which puts itself forward in an election under a particular designation.

Article 3: Conducător and the Government

1. The Government comprises the Conducător of the Elwynnese Republic and other ministers.
2. The Conducător is appointed by Congress. The Conducător appoints the other ministers.
3. When a Conducător is to be appointed, the President shall summon for consultation representatives from every party group in Congress. The President shall confer with the Deputy Presidents and shall then place a proposal before Congress.
4. Congress shall proceed to vote on the proposal no later than the fourth day following, without prior preparation in committee.
5. If Congress rejects the President's proposal, the procedure shall be repeated. If Congress rejects the President's proposal four times, the procedure for appointing a Conducător shall be abandoned and shall be resumed only after an election for Congress has been held. If no ordinary election is due in any case to be held within three months, an extraordinary election shall be held within the same period.
6. When Congress has approved a proposal for a new Conducător, he shall inform Congress as soon as possible of the names of the ministers he has appointed. Government changes hands thereafter at a special Council before the Prince of the Elwynnese Republic or, in his unavoidable absence, before the President. The President shall always be summoned to attend such a Council.
7. The President issues a letter of appointment for the Conducător on Congress's behalf.
8. If Congress declares that the Conducător or any other minister no longer enjoys the confidence of parliament, the President shall discharge the minister concerned. If the Government is in a position to order an extraordinary election, however, no decision shall be taken to discharge the minister, provided the Government calls an extraordinary election within one week from the declaration of no confidence.
9. A minister shall be discharged if he so requests; the Conducător shall be discharged by the President, and another minister by the Conducător. The Conducător may also discharge another minister in other circumstances.
10. If the Conducător is discharged or dies, the President shall discharge the other ministers.
11. If all the members of the Government have been discharged, they shall remain at their posts until a new Government has taken office. If a minister other than the Conducător has been discharged at his own request, he shall remain at his post until a successor has taken office, should the Conducător so request.

Article 4: Justice

1. The Supreme Court is the highest court of general jurisdiction, and the Supreme Administrative Court is the highest administrative court. The right to have a case tried by the Supreme Court or by the Supreme Administrative Court may be restricted in an act of law. A person may serve as a member of the Supreme Court or the Supreme Administrative Court only if he holds currently, or has held previously, an appointment as a permanent salaried justice of the Court.
2. A court other than the Supreme Court or the Supreme Administrative Court must be established by virtue of law.

Neither a public authority nor Congress may determine how a court shall adjudicate an individual case or otherwise apply a rule of law in a particular case.

1. A legal dispute between private subjects may not be settled by an authority other than a court except by virtue of law.
2. Provisions concerning the functions of the courts relevant to the administration of justice, the principal features of their organisation, and court procedure shall be laid down in an act of law.
3. Administrative functions may be entrusted to a local authority.
4. Administrative functions may be delegated to a limited company, association, collective, foundation, registered religious community or any part of its organisation, or to a private person. If such a function involves the exercise of public authority, delegation shall be made by virtue of law.
5. Neither a public authority nor Congress nor the decision-making body of a local authority may determine how an administrative authority shall decide in a particular case relating to the exercise of public authority vis-à-vis a private subject or a local authority, or concerning the application of law.
6. No judicial or administrative function may be performed by Congress except inasmuch as this follows from fundamental law or from Congress Act.
7. Appointments to posts in courts of law or administrative authorities coming under the Government shall be made by the Government or by a public authority designated by the Government.
8. When making appointments to posts within the State administration attention shall be directed only to objective factors such as merit and competence.
9. Only a Elwynnese citizen may hold or exercise the functions of a judicial office, an office coming directly under the Government, an office or appointment as head of a public authority coming directly under Congress or the Government, or as member of such an authority or its governing board, an appointment in the Government Offices coming immediately under a minister, or an appointment as a Elwynnese envoy. Also in other cases only a person who is a Elwynnese citizen may hold an office or appointment if the holder of such an office or appointment is elected by Congress. Elwynnese nationality may otherwise be stipulated as a condition of qualification to hold an office or appointment under the State or under a local authority only with support in law or in accordance with conditions set out in law.

Inter-Elwynnese Relations

1. The Conducător and the President of Congress are ex officio members of the Council of Eliria for the Congressional Counties.
2. All authorities established under this constitution and congressional law shall cooperate with authorities of the Elwynnese Republic and with the Alalehzamini Autonomous Republic in so far as legal under the Constitution of the Elwynnese Republic.