Xianfa Constitution
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The Chidao Emperor Imperial Household | Imperial Stewardship Teachings of the Empire
Ministries & Secretariats: Ministry of Truth | Ministry of Purity | Ministry of Stability Chao Suweiai formerly known as National Diet Defunct:
Political Factions: Guanchang | Kantai-ha (Navy) | Gunbatsu (Army) | Shanghu (Traders) Defunct: Other institutions Tianchao Chuandui | Imperial Armed Forces | Young Wandering Society | Tegong |
The Xianfa Constitution is the current constitution of Jingdao and named after the Xianfa Emperor. The document consists of a framework of basic institutions and rights and was meant to limit the absolute power of the Heavenly Light, after the actions of the Mingshi Emperor who had plunged the realm in a total war against Shireroth and its allies.
It was approved on the 10th April 2017.
The Constitution
We, the Jingdaoese people, acting through our representatives, determined that we shall secure for ourselves and our posterity the fruits of peaceful cooperation with all nations and the blessings of liberty throughout this land, and resolved that never again shall we be visited with the horrors of war through the action of government, do proclaim that sovereign power resides with the people and do firmly establish this Constitution. Government is a sacred trust of the people, the authority for which is derived from the people, the powers of which are exercised by the representatives of the people, and the benefits of which are enjoyed by the people. This is a universal principle of mankind upon which this Constitution is founded. We reject and revoke all constitutions, laws, ordinances, and rescripts in conflict herewith.
We, the Jingdaoese people, desire peace for all time and are deeply conscious of the high ideals controlling human relationship, and we have determined to preserve our security and existence, trusting in the justice and faith of the peace-loving peoples of the world.
We believe that no nation is responsible to itself alone, but that laws of political morality are universal; and that obedience to such laws is incumbent upon all nations who would sustain their own sovereignty and justify their sovereign relationship with other nations.
We, the Jingdaoese people, pledge our national honour to accomplish these high ideals and purposes with all our resources.
CHAPTER I - THE EMPEROR
Article 1.
The Emperor shall be the symbol of the State, the unity of the People and as Guiding Light to Eternal Salvation with whom resides sovereign power, deriving his position from the will of the people.
Article 2.
The Heavenly Throne shall be dynastic and lies in hands of the Erasmii Dynasty.
Article 3.
The advice and approval of the Cabinet shall be required for all acts of the Emperor in matters of state, and the Cabinet shall be responsible therefore.
Article 4.
a) The Emperor shall perform only such acts in matters of state as are provided for in this Constitution or Laws.
b) The Emperor may delegate the performance of his acts in matters of state.
Article 5.
When a Regency is established, the Regent shall perform his acts in matters of state in the Emperor's name. In this case, paragraph one of the preceding article will be applicable.
Article 6.
The Emperor shall appoint or dismiss the Governors of the Provinces.
Article 7.
The Emperor, with the advice and approval of the Cabinet, shall perform the following acts in matters of state on behalf of the people:
a) Promulgation of amendments of the constitution, laws, cabinet orders and treaties.
b) Convocation of the Seanad.
c) Dissolution of the Imperial Yuan.
d) Proclamation of general election of members of the Imperial Yuan.
e) Attestation of the appointment and dismissal of Ministers of State and other officials as provided for by law, and of full powers and credentials of Ambassadors and Ministers, with approval of the Yuan and on behalf of the Diwang.
f) Attestation of general and special amnesty, commutation of punishment, reprieve, and restoration of rights.
g) Awarding of civil and military honors, peerage and noble titles.
h) Attestation of instruments of ratification and other diplomatic documents as provided for by law.
i) Receiving foreign ambassadors and ministers.
j) Performance of ceremonial functions.
k) veto laws, decrees and amendments to the constitution.
Article 8.
No property can be given to, or received by, the Imperial House, nor can any gifts be made therefrom, without the authorization of the Emperor.
CHAPTER II - RIGHTS AND DUTIES OF THE PEOPLE
Article 9.
The conditions necessary for being a Jingdaoese national are the following:
a) One must be born on Jingdaoese territory.
b) One must be born from a mother of father with Jingdaoese citizenship who has not been convicted for a crime within Jingdaoese borders for which he or she lost his / her citizenship.
c) One must not have lost his / her citizenship.
d) being approved by the Secretariat of Immigration.
Article 10.
The freedoms and rights guaranteed to the people by this Constitution shall be maintained by the constant endeavor of the people, who shall refrain from any abuse of these freedoms and rights and shall always be responsible for utilizing them for the public welfare.
Article 11.
All of the people shall be respected as people. Their right to life, liberty, and the pursuit of happiness shall, to the extent that it does not interfere with the public welfare, be the supreme consideration in legislation and in other governmental affairs.
Article 12.
a) The people have the inalienable right to choose their public officials and to dismiss them.
b) All public officials are servants of the whole community and not of any group thereof.
c) Universal adult suffrage is guaranteed with regard to the election of public officials.
Article 13.
Every person shall have the right of peaceful petition for the redress of damage, for the removal of public officials, for the enactment, repeal or amendment of laws, ordinances or regulations and for other matters.
Article 14.
Every person may sue for redress as provided by law from the State or a public entity, in case he has suffered damage through illegal act of any public official.
Article 15.
No person shall be held in bondage of any kind. Involuntary servitude, except as punishment for crime, is prohibited.
Article 16.
a) A certain degree of freedom of religion is guaranteed to all. No religious organization shall receive any privileges from the State, with exception of the Tianchaodao (Way of the Empire).
b) No person shall be compelled to take part in any religious act, celebration, rite or practice.
Article 17.
Freedom of assembly and association as well as speech, press and all other forms of expression are guaranteed.
Article 18.
a) All people shall have the right and the obligation to work.
b) Standards for wages, hours, rest and other working conditions shall be fixed by law.
Article 19.
The right of workers to organize and to bargain and act collectively is guaranteed. The State shall provide a national labour union which will represent the working class.
Article 20.
a) The people shall be liable to taxation as provided by law.
b) The people are responsible for the security of the State. Therefore, their commitment to the security forces and industry which supports them, is a necessity.
CHAPTER III - THE NATIONAL DIET
Article 21.
The National Diet shall be the highest organ of state power, and shall be the sole law-making organ of the State.
Article 22.
The Diet shall consist of two Houses, namely the Seanad and the Imperial Yuan.
Article 23.
a) Both Houses shall consist of representatives of all the people.
b) The number of the members of the Seanad is fifteen: fourteen representing each Province + the Emperor as chairman.
c) The number of the members of the Yuan is fifty-four: one for each District.
Article 24.
a) The Members of the Seanad are Governors, appointed by the Emperor.
b) The Members of the Yuan are elected by the people.
Article 25.
The term of office of members of the Imperial Yuan shall be three months. However, the term shall be terminated before the full term is up in case the Imperial Yuan is dissolved.
Article 26.
The term of office of members of the Seanad is not fixed. The Governors, however, are reconfirmed in their position every time a new Emperor ascends the Throne.
Article 27.
An ordinary session of the Diet shall be convoked when a new Emperor ascends the Throne.
Article 28.
The Cabinet may determine to convoke extraordinary sessions of the Diet. When a quarter or more of the total members of either House makes the demand, the Cabinet must determine on such convocation.
Article 29.
a) When the Imperial Yuan is dissolved, there must be a general election of members of the Imperial Yuan within seven days from the date of dissolution.
b) The Cabinet may in time of national emergency convoke the Seanad in emergency session to let it act as temporary Imperial Yuan.
c) Measures taken at such session as mentioned in the proviso of the preceding paragraph shall be provisional and shall become null and void unless agreed to by the Imperial Yuans within a period of ten days after the opening of the next session of the Imperial Yuan.
Article 30.
Each representative in the Imperial Yuan must be a representative of a political party.
Article 31.
Deliberation in each House shall be public. However, a secret meeting may be held where a majority of two-thirds or more of those members present passes a resolution therefore.
Article 32.
a) The Seanad is presided by the Emperor.
b) The Imperial Yuan shall select its own president and other officials.
c) Each House shall establish its rules pertaining to meetings, proceedings and internal discipline, and may punish members for disorderly conduct. However, in order to expel a member, a majority of two-thirds or more of those members present must pass a resolution thereon.
Article 33.
a) A bill becomes a law on passage by the Imperial Yuan, except as otherwise provided by the Constitution.
b) Changes to the map must be passed by the Imperial Yuan with a simple majority and signed into law.
Article 34.
The Diwang and other Ministers of State may, at any time, appear in either House for the purpose of speaking on bills, regardless of whether they are members of the House or not. They must appear when their presence is required in order to give answers or explanations.
Article 35.
The Seanad shall act as an advisory council to the Cabinet and Yuan. It shall have following tasks:
a) It can veto bills passed by the Imperial Yuan with a 2/3rd majority. The vote must be started within four days after passing the bill.
b) It can veto decrees passed by the Cabinet with a normal majority. The vote must be started within four days after passing the bill.
c) it acts as court whenever the need arises.
d) it can send law proposals to the Imperial Yuan.
CHAPTER IV - THE CABINET
Article 36.
Executive power shall be vested in the Cabinet. The formal name of the Cabinet is 'Grand Secretariat'.
Article 37.
a) The Cabinet shall consist of the Diwang, who shall be its head, and other Ministers of State.
b) The Cabinet, in the exercise of executive power, shall be collectively responsible to the Diet.
Article 38.
a) The Diwang shall be directly elected from among the population.
b) The Diwang is elected for a period of three months.
c) No election of the Diwang is necessary when the Yuan is disbanded. However, when the Diwang is seen unfit to rule by majority of both Houses, he shall be replaced by an individual who is appointed by the Emperor. This person will act as Diwang till the end of the term.
Article 39.
a) The Diwang shall appoint the Ministers of State. However, these Ministers must be approved by the Yuan.
b) The Prime Minister may remove the Ministers of State as he chooses.
Article 40.
If the Imperial Yuan passes a non-confidence resolution, or rejects a confidence resolution, the Cabinet shall resign en masse, unless the Yuan is dissolved within five days.
Article 41.
The Diwang, representing the Cabinet, submits bills, reports on general national affairs and foreign relations to the Diet and exercises control and supervision over various administrative branches.
Article 42.
The Cabinet, in addition to other general administrative functions, shall perform the following functions:
a) Administer the law faithfully; conduct affairs of state.
b) Manage foreign affairs.
c) Conclude treaties. However, it shall obtain prior or, depending on circumstances, subsequent approval of the Diet.
d) Administer the civil service, in accordance with standards established by law.
e) Prepare the budget, and present it to the Diet.
f) Enact cabinet orders which will become Imperial Decrees.
g) Decide on general amnesty, special amnesty, commutation of punishment, reprieve, and restoration of rights.
Article 43.
All laws and Decrees shall be signed by the Emperor or, in His absence, the Diwang.
CHAPTER V - JUDICIARY
Article 44.
a) The whole judicial power is vested in the Seanad and in such inferior courts as are established by law.
b) The Emperor shall act as Chief Judge.
Article 45.
a) Governors shall act as judge within their own territory.
b) For crimes committed in more than one Province, the Seanad shall appoint a judge from among their members.
Article 46.
a) All judges shall be independent in the exercise of their conscience and shall be bound only by this Constitution and the laws.
b) However, the well-being of the State and the People is of the utmost importance and must weigh heavily in the exercise of their duty.
CHAPTER VI - JURISDICTION AND AMENDMENTS
Article 47.
a) Amendments to this Constitution shall be initiated through a concurring vote of two-thirds or more of all the members of the Yuan.
b) Amendments when so ratified shall immediately be promulgated by the Emperor in the name of the people, as an integral part of this Constitution.
Article 48.
This constitution is applicable to all Jingdaoese controlled lands on the mainland of Apollonia, overseas military installations and those islands no further than 144 kilometres away from the Apollonian coastline on their closest points. All other Jingdaoese lands, and everything and everyone on them, are the private possession of the emperor.
