Magna Carta of 1667

The Magna Carta of 1667 is the fundamental constitutional document of the Imperial State of Constancia.

Preamble

WHEREAS Our Creator hath entrusted to Our hands and Person the direction of the progress and prosperity of the well-protected realm of Constancia, and hath constituted Our Royal Personage the Guardian of the Rights of all the good people of Constancia, all our loyal subjects

THEREFORE on this occasion, We, Petros, Basileus of Constancia, Supreme Lord of Vey, Portus Felix, Ad Pontes, Elaion, Craiss and Metaxia, Cario, Idolgi, Ithonion, Oranjesion, Nivardom, and Aqaba, Defender and Protector of the Patriarchal Orthodox Faith; have in Our judgment decided, for the peace and tranquility of all the people of Constancia, and for the strengthening and consolidation of the foundations of the State, that such reforms as are this day required shall be effected;

We now declare to respect and protect the security of the rights and of the property of Our people, and to secure to them the complete enjoyment of the same, within the extent of the provisions of the present dispensations and of the law.

We likewise enact that whosever these presents shall come should publish and proclaim this text, so that all the people of Constancia, being duly informed of these intentions, all of which regard the progress of the Government and People of Constancia

Given at Aqaba in the 10th day of the 9th month of Artemisios 1667 in the 48th year of Our Reign

Πετερ Τηε Τηιρδ

CHAPTER I. THE SOVEREIGN

• Article 1
• We gather Ourselves, Our territory, and our people, into a union and nation to be known as the Imperial State of Constancia, which shall be reigned over and governed by a line of Basileis unbroken for ages eternal.
• Article 2
• The Constancian Throne shall be succeeded to by descendants, according to the provisions of the House Law.
• Article 3
• The Basileus is sacred and inviolable.
• Article 4
• The Basileus is nomos empsykhos, the living law, in whose person is vested the regal prerogative and rights of sovereignty, and exercises them, according to the provisions of the present Magna Carta.
• Article 5
• The Basileus exercises the legislative power, and receives the advice of the Synkletos.
• Article 6
• The Basileus gives sanction to laws, and orders them to be promulgated and implemented.
• Article 7
• The Basileus convokes the Synkletos, opens, closes, prorogues, and dissolves it.
• Article 8
• The Basileus, in consequence of an urgent necessity to maintain public safety or to avert public calamities, issues, when the Synkletos is not sitting, Decrees that take the force of law.
• Such Decrees are to be laid before the Synkletos at its next session, and when the Synkletos does not approve the said Decree, the Government shall declare them to be invalid for the future.
• Article 9
• The Basileus issues or causes to be issued, the Decrees necessary for the carrying out of the laws, or for the maintenance of the public peace and order, and for the promotion of the welfare of the subjects.
• Article 10
• The Basileus determines the organization of the different branches of the administration, and salaries of all civil and military officers, and appoints and dismisses them.
• Article 11
• The Basileus is the Supreme Commander-in-Chief of the Armed Forces and the Constancian people-at-arms. The Basileus determines the organization and peace standing of the Armed Forces.
• Article 12
• The Imperial State of Constancia recognizes the special status of the Patriarchal Orthodox Church of Constancia, of whom the Basileus is Defender and Protector. The Patriarch is consecrated by the Basileus.
• Article 13
• The Basileus declares war, makes peace, and concludes treaties.
• Article 14
• The Basileus declares a state of emergency, a state of calamity, and the imposition of martial law. The conditions and effects of the foregoing shall be determined by law.
• Article 15
• The Basileus confers titles of nobility, rank, orders and other marks of honor.
• Article 16
• The Basileus orders amnesty, pardon, commutation of punishments and rehabilitation.
• Article 17
• A Regency shall be instituted when the Basileus shall be less than 21 years of age. An Autokrator may be appointed by, and serves at the pleasure of the Basileus, and shall exercise all the powers appertaining to the Basileus, in the event of illness or inability of the Basileus.

CHAPTER II. RIGHTS AND DUTIES OF SUBJECTS

• Article 18
• The conditions necessary for being a Constancian subject shall be determined by law.
• Article 19
• Constancian subjects may, according to qualifications determined in laws or ordinances, be appointed to civil or military or any other public offices equally.
• Article 20
• Constancian subjects are amenable to national service, civil service, or service in the Armed Forces, according to the provisions of law.
• Article 21
• Constancian subjects have the duty of paying taxes, according to the provisions of law. The residence of a Constancian subject shall not be seized by the State for payment of taxes.
• Article 22
• Constancian subjects shall have the liberty of abode and of changing the same within the limits of the law.
• Article 23
• No Constancian subject shall be arrested, detained, tried or punished, unless according to law.
• Article 24
• No Constancian subject shall be deprived of his right of being tried by the judges determined by law.
• Article 25
• Except in the cases provided for in the law, the house of no Constancian subject shall be entered or searched without his or her consent.
• Article 26
• Except in the cases mentioned in the law, the secrecy of the letters of every Constancian subject shall remain inviolate.
• Article 27
• The right of property of every Constancian subject shall remain inviolate.
• Measures necessary to be taken for the public benefit shall be any provided for by law.
• Article 28
• Constancian subjects shall, within limits not prejudicial to peace and order, and not antagonistic to their duties as subjects, enjoy freedom of religious belief.
• Article 29
• Constancian subjects shall, within the limits of law, enjoy the liberty of speech, writing, publication, public meetings and associations.
• Article 30
• Constancian subjects may present petitions, by observing the proper forms of respect, and by complying with the rules specially provided for the same.
• Article 31
• The provisions contained in the present Chapter shall not affect the exercises of the powers appertaining to the Basileus, in times of war or in cases of a national emergency.
• Article 32
• Each and every one of the provisions contained in the preceding Articles of the present Chapter, that are not in conflict with the laws or the rules and discipline of the Armed Forces, shall apply to the officers and men of the Armed Forces.

CHAPTER III. THE SYNKLETOS

• Article 33
• The Imperial Senate known as the Synkletos shall serve as the primary voice of the Constancian People.
• Article 34
• Peers of the Synkletos, known as Imperial Senators, shall be composed of the members of the Reigning Dynasty or of the orders of nobility and of those other notables or commoners, whosoever have been appointed to the Synkletos by the Basileus. Peers shall have seat, voice, and vote at the Synkletos for the remainder of their natural lives.
• Article 35
• The remainder of the Synkletos shall be composed of members elected by the people, to be known as Dikastis, according to the provisions of the law of election.
• Article 36
• The number of members of the Synkletos shall not exceed 500, and of which no more than 250 shall be peers.
• Article 37
• Members of the Synkletos shall be privileged from arrest, and may not be hindered from attending sessions of the Synkletos.
• Article 38
• Bills may be introduced by Peers, elected members of the Synkletos, and by written petition of any Constancian subject.
• Article 39
• A Bill, which has been rejected, shall not be brought in again during the same session.
• Article 40
• The Synkletos shall elect its Speaker and promulgate its own rules.
• Article 41
• The Synkletos shall be convoked every year. There shall be a Permanent Standing Committee composed of no more than 25 members who shall represent the interests of the Synkletos when the Synkletos is not sitting.
• Article 42
• A session of the Synkletos shall last for 9 months. In case of necessity, the duration of a session may be prolonged by Decree, but shall not go beyond the calendar year of the existing session.
• Article 43
• When urgent necessity arises, an extraordinary session may be convoked in addition to the ordinary one.
• The duration of an extraordinary session shall be determined by Decree.
• Article 44
• The Synkletos may convene elsewhere for its security, as it may decide.
• Article 45
• When the Synkletos has been ordered to conclude or dissolve, elected members shall be caused by Decree to be newly elected, and the new Synkletos shall be convoked within five months from the day of dissolution.
• Article 46
• No debate can be opened and no vote can be taken in the Synkletos, unless not less than one-third of the entire Synkletos is present.
• Article 47
• Votes shall be taken in the Synkletos by absolute majority. In the case of a tie vote, the Speaker shall have the casting vote.
• Article 48
• The deliberations of the Synkletos shall be held in public. The deliberations may, however, upon demand of the Government or by resolution of the Synkletos, be held in secret sitting.
• Article 49
• The Synkletos may respectfully present addresses to the Basileus.
• Article 50
• The Synkletos shall receive and deliberate upon written petitions presented by subjects.
• Article 51
• The prerogative of the Synkletos to govern its property and territory shall be absolute.
• Article 52
• No elected member of, or Peer of the Synkletos, shall be held responsible outside the Synkletos, for any opinion uttered or for any vote given in the Synkletos. When, however, a Member or Peer himself has given publicity to his opinions by public speech, by documents in print or in writing outside the Synkletos, or by any other similar means, he shall, in the matter, be subject to the general law.
• Article 53
• The Peers may convene as a Committee of the Synkletos, but succeeding sessions of the Synkletos after the First Synkletos under this Charter shall not be convened without the presence of elected members and in violation of quorum.
• Article 54
• The Ministers of State and the Delegates of the Government may, at any time, take seats and speak in either House, but shall not count for purposes of quorum, nor shall they vote unless they are elected members or Peers of the Synkletos.

CHAPTER IV. THE MINISTERS OF STATE AND THE PRIVY COUNCIL

• Article 55
• The respective Ministers of State shall give their advice to the Basileus, and be responsible for it.
• All Laws, Decrees, and documents of whatever kind, that relate to the affairs of the state, require the countersignature of a Minister of State.
• Article 56
• The Privy Councillors shall, in accordance with the Decree for the organization of the Privy Council, deliberate upon important matters of State when they have been consulted by the Basileus.

CHAPTER V. THE JUSTICIARY

• Article 57
• Justice shall be exercised and dispensed by the Courts of Law according to law, in the name and by authority of the Basileus.
• The organization of the Courts of Law shall be determined by law.
• Article 58
• The judges shall be appointed from among those, who possess proper qualifications according to law.
• No judge shall be deprived of his position, unless by way of criminal sentence or disciplinary punishment.
• Rules for disciplinary punishment shall be determined by law.
• Article 59
• Trials and judgments of a Court shall be conducted publicly. When, however, there exists any fear, that such publicity may be prejudicial to peace and order, or to the maintenance of public morality, the public trial may be suspended by provisions of law or by the decision of the Court of Law.
• Article 60
• All matters that fall within the competency of a special Court, shall be specially provided for by law.
• Article 61
• The rules of courts shall be promulgated by the aforesaid courts.

CHAPTER VI. FINANCE

• Article 62
• The imposition of a new tax or the modification of the rates of an existing one shall be determined by law.
• However, all such administrative fees or other revenue having the nature of compensation shall not fall within the category of the above clause.
• The raising of national loans and the contracting of other liabilities to the charge of the National Treasury, except those that are provided in the Budget, shall require the consent of the Synkletos.
• Article 63
• The taxes levied at present shall, in so far as they are not remodelled by a new law, be collected according to the old system.
• Article 64
• The expenditure and revenue of the State require the consent of the Synkletos by means of an annual Budget.
• Any and all expenditures overpassing the appropriations set forth in the Titles and Paragraphs of the Budget, or that are not provided for in the Budget, shall subsequently require the approbation of the Imperial Diet.
• Article 65
• The Budget shall be first laid before the Synkletos.
• Article 66
• The expenditures of the Reigning House shall be defrayed every year out of the National Treasury, according to the present fixed amount for the same, and shall not require the consent thereto of the Synkletos, except in case an increase thereof is found necessary.
• Article 67
• Those already fixed expenditures based by the Magna Carta upon the powers appertaining to the Basileus, and such expenditures as may have arisen by the effect of law, or that appertain to the legal obligations of the Government, shall be neither rejected nor reduced by the Basileus, without the concurrence of the Government.
• Article 68
• In order to meet special requirements, the Government may ask the consent of the Basileus to a certain amount as a Continuing Expenditure Fund, for a previously fixed number of years.
• Article 69
• In order to supply deficiencies, which are unavoidable, in the Budget, and to meet requirements unprovided for in the same, a Reserve Fund shall be provided in the Budget.
• Article 70
• When the Synkletos cannot be convoked, owing to the external or internal condition of the country, in case of urgent need for the maintenance of public safety, the Government may take all necessary financial measures, by means of an Decree.
• In the case mentioned in the preceding clause, the matter shall be submitted to the Synkletos at its next session, and its approbation shall be obtained thereto.
• Article 71
• When the Synkletos has not voted on the Budget, or when the Budget has not been brought into actual existence, the Government shall carry out the Budget of the preceding year.
• Article 72
• The final account of the expenditures and revenues of the State shall be verified and confirmed by the Board of Audit, and it shall be submitted by the Government to the Synkletos, together with the report of verification of the said board.
• The organization and competency of the Board of Audit shall of determined by law separately.

CHAPTER VII. SUPPLEMENTARY RULES

• Article 73
• When it has become necessary in future to amend the provisions of the present Magna Carta, a Bill to the effect shall be submitted to the Synkletos by Decree.
• In the above case, the Synkletos cannot open the debate, unless not less than two-thirds of the total membership of the Synkletos are present, and no amendment can be passed, unless a majority of not less than two-thirds of the total membership of the Synkletos present is obtained.
• Article 74
• No modification of the Imperial House Law shall be required to be heard, or subject to the deliberation of the Synkletos.
• No provision of the present Magna Carta can be modified by the Imperial House Law.
• Article 75
• No modification can be introduced into the Magna Carta, or into the Imperial House Law, during the time of a Regency.
• Article 76
• Existing legal enactments, laws, regulations, Ordinances, Decrees, or by whatever names they may be called, shall, so far as they do not conflict with the present Magna Carta, continue in force. The Constitutional Settlement Act of 1463, and the Constitutional Settlement Amendment Acts are hereby repealed and rendered of no legal force or effect.
• Article 77
• All existing contracts or orders, that entail obligations upon the Government, and that are connected with expenditure, shall come within the scope of Article 67.

The First Amendment to the Magna Carta Act 1686

Πετερ Τηε Τηιρδ Basileus, Supreme Lord of Vey, Portus Felix, Ad Pontes, Elaion, Craiss and Metaxia, Cario, Idolgi, Ithonion, Oranjesion, Nivardom, and Aqaba, Defender and Protector of the Patriarchal Orthodox Faith To Our trusty and well beloved loyal servants and subjects

GREETING:

WHEREAS Article 73 of the Magna Carta provides that, "When it has become necessary in future to amend the provisions of the present Magna Carta, a Bill to the effect shall be submitted to the Synkletos by Decree, In the above case, the Synkletos cannot open the debate, unless not less than two-thirds of the total membership of the Synkletos are present, and no amendment can be passed, unless a majority of not less than two-thirds of the total membership of the Synkletos present is obtained," and

WHEREAS on advice of our Government, We are desirous to amend the provisions of the present Magna Carta,

COMMANDING ALSO that the following Bill is submitted through this Decree:

The First Amendment to the Magna Carta Act 1686

An Act to amend the Magna Carta

Be it enacted by the Βασιλεύς’s πλέον Βασιλεύς Μεγαλειότατε, by and with the advice and consent of the Δικαστής, in this present Σύνκλητος assembled, and by the authority of the same, as follows:—

Article 1 - Amendment of the Magna Carta

Section A) Articles 41, 42 and 45 of the Magna Carta are hereby repealed.

Section B) The First Amendment to the Magna Carta shall read as follows:

"A Synkletos that shall at any time hereafter be called, assembled, or held, shall and may respectively have continuance for seven years, and no longer, to be accounted from the day on which by the writ of summons the Synkletos shall be, appointed to meet, unless this present or any such Synkletos hereafter to be summoned shall be sooner dissolved by the Basileus, his heirs or successors.

"When the Synkletos has been ordered to conclude or dissolve, elected members shall be caused by Decree to be newly elected, and the new Synkletos shall be convoked within two years from the day of dissolution.

"There shall be a Permanent Standing Committee composed of no more than 25 members who shall represent the interests of the Synkletos when the Synkletos is not sitting."

Article 3 - Repeal, Extent, Commencement and Short Title

Section A) This Act extends to the whole of the Imperial State of Constancia

Section B) This Act comes into force upon receipt of Vasilikí Singatáthesi

Section C) This Act may be cited as the First Amendment to the Magna Carta Act 1686

Adopted by the Imperial Synkletos on the 5th day of the 3rd month of Lanotropios 1686 in the 66th year of the Reign of Petros III
Granted Imperial Assent on the 6th day of the 3rd month of Lanotropios 1686 in the 66th year of the Reign of Petros III