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

The territory of the Republic is indivisible.
The official languages of the Republic are Elw, Babkhi and Istvanistani.
The symbols of the Republic are defined by Act of the Republic and protected under the law of the Republic.
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.
The common law, and all other law adopted before this Constitution, remains intact in as much it conforms to the present Constitution.
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

The Republic is divided into three autonomous republics – the Alalehzamini Autonomous Republic (hereinafter "Alalehzamin") and the Congressional Counties of the Elwynnese Republic (hereinafter "Congressional Counties") and the Northern Realm – having the borders as established by the map affixed to this Constitution.
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.
The constitutions of the autonomous republics are affixed to the present Constitution and form part of it.

ARTICLE 3: Legislature

Section 1 Powers

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.
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.
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 two representative each for the Congressional Counties and Alalehzamin, and one representative for the Northern Realm.

Section 3: Procedure

A decision by the Council of Eliria is made by:

acclamation,
the vote of the Prince and the vote of four representatives ,
the unanimous vote of the representatives of the autonomous republics (when the Prince is absent, unable or unwilling to cast a vote in favour), or,
in matters of procedure, four 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

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.
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.
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

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.
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

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.
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.
Citizenship may be extended by the Prince to foreigners or stateless persons resident in the Republic with a permanent right of abode.
Citizenship may be extended by the Prince to other persons belonging to the Elwynnese Nation.

Section 2: Residency

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
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.
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;
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

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.
All persons resident in the Republic have a duty to uphold the peace, order and law of the Republic.
All citizens are equal to one another. Titles of nobility or royalty are not recognized. Feudalism, in all its forms, is abolished.
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
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

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.
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

Every Citizen is subject to military duty, and in the discharge of this duty as a Soldier no substitute can be accepted.
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.
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.
At the end of his Tenure of Service the Soldier shall return to his former affiliations and obligations as a Citizen of Civil Society.
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.
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.
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 the Republic.

Section 4: Deployment

The Council of Eliria reaffirms holds the constitutional right to declare war and authorise the deployment of armed forces abroad.
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.
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.
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

The Gentlemen-at-Cudgels shall consist of a graded structure as intimated by Article Eight;
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;
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;
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;
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

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;
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;
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;
The Councillors of Eliria shall enjoy immunity from cudgelling.

Section 4: The Panopticon Department

By this order the Panopticon Department is hereby constituted.
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.
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

. 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
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

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.
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.
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.
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 Elwynn (1671-1696)/amendment