Constitution of New Drakorda
INSTRUMENT OF GOVERNMENT
07.XII.1662
[1662/I] An Instrument of Government for the Promulgation of a Constitution for the State of Modan
Chapter 1 – Establishment of the Constitutional Order
Article 1 – Establishment
1. The State of Modan, having liberated itself of the taint of Daemonic-corruption by its own efforts, shall be a sovereign realm inheriting all the rights, pre-requisite entitlements, and obligations incumbent upon an Imperial State. 2. All title to lands and properties, all material goods, all resources of the land, the waters, and the air, all living creatures, and all sentient beings, of the territory of the State of Modan are subject to the provisions of this Constitution.
Article 2 – Territory
1. The State of Modan incorporates: 1. The Circuit of Benacia – comprising the Governorates of Amarr, Angularis, Highpass, Lachmeren, Lachmodan, Lywind, and Shimmerspring; 2. The Circuit of Jadid Khaz Modan – comprising the Governorates of Amity, Benacia and the Iridian Isles, Florencia, Miriroth, and So-Sara; 3. The State of Lywall and the Tellian Mandate. 2. The State of Modan repudiates all claim and title to the Isle of Yardistan. 3. The territory of the State of Modan shall include the territories of its constituent parts, inland waters and territorial sea, and the air space over them. 4. The State of Modan shall possess sovereign rights and exercise the jurisdiction on the continental shelf and in the exclusive economic zone of the State of Modan according to the rules fixed by the Imperial Law and the norms of international law. 5. The borders between the constituent parts of the State of Modan may be changed upon their mutual consent.
Article 3 – Sovereignty
1. The exercise of Sovereignty over the Territory and Community of the Realm of the State of Modan is invested in the person of the Prince of Modan and the Council of Archons by the People. 2. The sovereignty of the State of Modan shall be inviolable; no portion of its territory may be alienated without the consent of the peoples' representatives in the State Assembly by a three quarters majority, the consent of the Council of Archons by a two-thirds majority, and the assent of the Prince. 3. Should any portion of the territory of the State of Modan be alienated, ceded, or occupied by any power, foreign or domestic, contrary to its will or the rule of law, it shall be the duty of the State of Modan to sustain active resistance, without let, cessation, or compromise, until the aforementioned territory is regained. 1. Any citizen, denizen, loyal subject, or community service, whether in the capacity of acting as a public servant or private citizen, found to be complicit in the unlawful alienation of any portion of the State of Modan, shall forfeit their right to life and property immediately upon the discovery of their treason. 2. Where such territory is alienated by an incumbent of high office within the State of Modan then the people, as final guardians of the State of Modan's sovereignty and dignity, are authorised and commanded to defy said incumbent, and are further authorised and commanded to remove said person from high office, by any means necessary, to preserve the territorial integrity of the State.
Article 4 – Community of the Realm
1. The Community of the Realm, the political, social, and economic life of the State of Modan shall be open to all who share in the heritage, culture, and values of fabled Khaz Modan, who acknowledge the sublime influence of the Highest Divinity in shaping the fortunes of man, who rejoice in the Human Supremacy – whilst acknowledging statutory obligations in regards to non-human sentients – and who are committed to the establishment of a full and perpetual political unity on the Benacian continent under the banners of the Imperial State and the Kalirion dynasty. 2. The distinctions of rank and status enshrined in Imperial law shall apply to all persons resident in the State of Modan. Participation in the Community of the Realm shall be restricted to Imperial Citizens and those persons upon whom the rights and freedoms associated with the grade of denizen are bestowed. 3. Loyal Subjects, Community Servants, and Foreigners may participate in the social and economic life of the State of Modan only to the extent to which they are permitted by the lawful authority responsible for their supervision. 4. Loyal Subjects in Imperial Service, that is to say members of the Imperial Forces, the Imperial Constabulary, including the Imperial Marshals, and the various agencies of the Imperial Civil Service, shall enjoy respect and deference commensurate with their rank.
Chapter 2 – The Executive Power
Article 1 – The Prince
1. His Serenity, Daniyal ibn Daniyal Simrani-Kalirion, shall be the sovereign of the State of Modan, and shall have the title of Prince of Modan. The Prince shall represent the State of Modan at the Imperial level and among nations, declare states of emergency, and conclude peace in the name of the same, enter into contracts and other conventions with other parties, accredit legates, and receive emissaries. For the declaration of a state of emergency in the name of the State of Modan the consent of the Council of Archons shall be required. Except in case of an attack upon the territory of the State of Modan or its coasts or in the event of a natural disaster or calamity effecting the same. 2. The Prince shall have the right to convene the Council of Archons and the State Assembly, and to open, adjourn, and close them. 3. The Chancellor of the State, to be appointed by the Prince, shall preside over the Council of Archons, and – through the establishment of a secretariat – supervise the conduct of its business. The Chancellor of the State shall have the right to delegate the power to represent him to any member of the Council of Archons. 4. To the Prince shall belong the right to prepare and publish the laws of the State. The decrees and ordinances of the Prince shall be published in the name of the State, and require for their validity the signature of the Chancellor of the State, who thereby becomes responsible for their execution. 5. The Prince may decree upon all matters not yet covered in the provisions of law or codified within this Constitution. 6. The Prince may appoint, on the advice of the Steward, himself to be appointed by the Prince, a Privy Council to perform such tasks and advise on such matters that touch upon the personal interests and household of the reigning Prince. 7. The Prince may, at his pleasure, appoint Governors to the Governorates of the State of Modan. 8. The Prince shall receive and possess the Sword of Fire in perpetuity and to pass on to his successors as a symbol of his right to rule and of his liberation of these lands from the Daemonic taint.
Article 2 – The Council of Archons
1. The Council of Archons, appointed by the Prince, shall comprise, in addition to the Prince and the Chancellor, of: 1. The Steward, responsible for the Household administration of the Prince; 2. The Marshal, responsible for the maintenance of the State Guard; 3. The Director of Allocations & Appropriations, responsible for the finance policy and economic policy of the State including the regulation of revenues, finance, corporations, and guilds; 4. The Director of Public Order, responsible for State Security, the Territorial Command, Public Order Troops, Aviation Police, Coast Guard, and the Bureau of Investigative Affairs; 5. The Director of Information, responsible for communications, information technology, and media coordination; 6. The Director of Services, responsible for education, health, liaison with local governments, rehabilitation and re-education, citizens & denizen affairs, and the supervision of the unfree; 7. The Director of Works, responsible for the five year plan, technology, industry, agriculture, infrastructure, transport, and mines & forestries; 8. The Archon of the Circuit of Benacia; 9. The Archon of the Circuit of Jadid Khaz Modan; 10. The Archon of Lywall & Tellia. 2. The convocation of the Council of Archons and the State Assembly shall take place annually, and the Council of Archons maybe called together for the preparation of business without the State Assembly; the latter, however, shall not be convoked without the Council of Archons. 3. The convocation of the Council of Archons shall take place as soon as demanded by one-third of its members. 4. Members of the Council of Archons shall be known collectively as Archons. 5. Archons may also serve as general advisors, and may be appointed to additional commissions. Archons shall have the power to manage their own Directorates, create their own Bureaus, and appoint their own staff as required. When the Archons act in the Prince's name, they do so as the Prince in Council.
Chapter 3 – The Legislative Power
Article 1 – The Council of Archons
1. The legislative powers of the State of Modan are entrusted to the Council of Archons, with the advice and consent of the State Assembly. 2. The Council of Archons may elect a President for itself. Should no President be elected, the Prince or the Chancellor shall preside over the Council. The presiding officer shall not have a vote unless it is to break a tie. 3. The Council of Archons shall conduct legislative sessions in public. If the Council so resolves, it may meet in private, provided that all measures passed by it are immediately released, and that within six calendar months the full records must be released to the public. 1. The Prince, on the advice of the Chancellor, may veto the release of full records to the public if he is satisfied that the safety and comfort of the Community of the Realm would be endangered by doing so. 4. The Council of Archons may conduct investigations in relation to government and may demand the presence and testimony of witnesses and the production of records. 5. The Council of Archons shall safeguard the liberties, rights and freedoms of the People. 6. The Council of Archons makes law for the peace, order and good government. As such the Acts of Council of Archons compliment the common law of the State. 7. The Council of Archons declares war and makes peace. 8. The Council of Archons establishes the budget of the State’s Government and is authorized to make law on taxation. 9. The Council of Archons defines the borders of the Governorates and the State’s territories and integrates new lands to the State. 10. The Council of Archons shall make law on all other matters incidental to the execution of any power under this Constitution, the Council of Archons, the Prince or the courts of law.
Article 2 – The State Assembly
1. The State Assembly is elected by the Community of the Realm every five years. The manner and method of election is determined by an ordinance of the Prince. 2. The State Assembly shall scrutinize the institutions of the State, and act as an arbiter should there be conflicts between them. 3. The advice and consent of the State Assembly shall be sought by the Council of Archons before an adoption of legislation.
Chapter 4 – The Judicial Power
Article 1 – Precepts of Justice and Common Law
1. Any act or failure to perform an act may be considered a crime if it is found to be harmful to the Community of the Realm or displeasing to higher authority by reason of being contrary to Common Law or else is in violation of the precepts of Cedrist Custom, Orthodoxy and Tradition. 2. Any man may accuse another who is his equal or inferior of a crime and cause that person to be brought to trial. 3. No man may cause a superior or institution of state to be brought to trial through their accusation unless they are prepared to endure the penalty which they have sought for the accused if a court constituted under lawful authority rules against them. 4. The decisions and verdicts of the courts shall set precedent for what is or is not lawful conduct under Common Law. 5. The courts of the State of Modan shall faithfully implement the Criminal Code of the Imperial Republic of Shireroth.
Article 2 – The Powers of the Sovereign
1. The Prince, as Sovereign, is the font of justice for the State of Modan. All crimes and civil pleadings may be brought to his attention by application or upon appeal. 2. The Prince may delegate to the Archons of Benacia, Jadid Khaz Modan, and Lywall & Tellia by prerogative the authority to hear such cases as he is indisposed to hear himself concerning their respective Circuits. 3. The Prince may establish by ordinance inferior and subordinate courts to hear such cases as arise from the Governorates as might be trivial to his ears yet require the ministrations of justice nonetheless. 4. The Prince may conduct special inquisitions against the powerful amongst his subjects as he deems necessary and appropriate. 5. The Prince may appoint an Advocate to represent him in any and all matters pertaining to judicial and legal matters. Article 3 – Courts of Special Interests 1. The Council of Archons may establish Courts of Special Interests pertaining to the individual and collective areas of responsibility of the Archons.
Article 4 – The Trial Procedure
1. The Prince, or an appropriate subordinate representative, shall conduct an investigation and prepare charges against an individual who is subject to accusation. 1. The Prince, or an appropriate subordinate representative, shall then preside over the court arraigned for the purpose of conducting a trial. 2. A court shall comprise of the presiding officer, a herald, a bailiff, a cudgeller, and twelve sages to compliment the presiding officer in his deliberations. 2. The accused shall then be detained and brought to trial. 3. The accused, having been brought to trial, shall be read the charges against him. 4. The accused, having been afforded the opportunity to consider the charges, may make a vindication of his actions or else elect to submit to the mercy of the court. 1. The accused may call upon the testimony of others and material evidence to support his vindication, if it is pleasing to the court. 5. If the accused appeals for mercy, the court may only record the accused's guilt and assign the aforementioned to Community Service. 6. The presiding officer, having heard the vindications of the accused may decide if they are satisfied or dissatisfied with what they have heard. 7. If the presiding officer is satisfied, the accused may be found acquitted of the charges against him and discharged. 1. If the discharged man was accused by an inferior he may be entitled to demand that the accuser, in addition to being made subject to the penalties he would have faced. 8. If the presiding officer is dissatisfied, the accused shall be found guilty or the decision shall be made against him. The court may then impose a tariff upon the condemned that is commensurate with the crime.
Article 5 – The Appeals Process
1. Imperial Citizens and Denizens may appeal the decisions and verdicts of inferior and subordinate courts at the Governorate level to the Archons of Benacia and of Jadid Khaz Modan. 2. Imperial Citizens and Denizens may appeal the decisions and verdicts of the Archons of Benacia and Jadid Khaz Modan, as well as the decisions and verdicts of Courts of Special Interests, to the Prince. 3. Imperial Citizens and Denizens may appeal the decisions and verdicts of the Prince to the Imperial Judex. 4. Loyal Subjects may not appeal the decision or verdict of a court but may petition their Ombudsman. 5. Community Servants may not enter into seditious correspondence by seeking to appeal the decision or verdict of a court. Those who seek to petition their Ombudsman shall be confined, while their petition is considered, to a strong and hard imprisonment in the worst place in the prison, upon the bare ground continually, night and day; that they eat only bread made of barley or bran, and that they drink not the day they eat.
Chapter 5 – Circuits & Governorates
Article 1 – Governorates
1. Governorates, as annunciated in Article Two of Chapter One to this Constitution, comprise the basic territorial subdivisions of the State of Modan. 2. Governorates are the subjects of the Circuits to which they have been assigned. 3. Outside the limits of authority of the Imperial Republic, of the joint jurisdiction of the Imperial Republic and the State of Modan, and the limits of the State of Modan specifically, the Governorates shall exercise their own legal regulation, including the adoption of laws and other normative acts. 4. Governors, appointed by the Prince, may summon consultative assemblies.
Article 2 – Circuits
1. The Archons of the Circuits shall conduct Assizes throughout the Governorates under their authority so as to assure the Community of the Realm of their continual supervision, vigilance, and presence. 2. The Archons of the Circuits, in order to exercise their powers, may create their own territorial organs and appoint corresponding officials. 3. The Prince and the Archons of the Circuits shall ensure the implementation of the powers of the State of Modan across the whole territory of the aforementioned.
Chapter 6 – Charter of Coordination
Article 1 – Duty to Enact a Charter of Coordination
1. It shall be the obligation of the Prince in Council to promulgate, with the consent of the State Assembly, a Charter of Coordination for the integration of all practicable aspects of the public life of the State of Modan and the Community of the Realm thereof. 2. The Charter of Coordination shall have precedence over all other forms of law in the State of Modan save for this constitution and the Charter and Lawbook of the Imperial Republic.
Article 2 – Mandatory Subjects
1. The Charter of Coordination shall specify: 1. The Directorates and Bureaus of the State of Modan and their powers and responsibilities; 2. The security and public order forces of the State of Modan and their powers and responsibilities; 3. The guilds and corporations of the State of Modan and their powers and responsibilities; 4. A Criminal and Civil Code to complement the Common Law; 5. Rates of taxation; 6. An annual budget of government expenditure; 7. A schedule of lawful and appropriate forms of worship for the Highest Divinity; 8. A schedule of heresies and prohibited doctrines; 9. A schedule of registered political parties and civic groups; 10. A schedule of prohibited organisations; 11. A schedule of flags, symbols and heraldic devices mandated for official use.
Chapter 7 – Final Provisions
Article 1 - Enactment
1. This Constitution shall come into effect from the date of its promulgation as an Instrument of Government by the Prince of Modan.
Article 2 – Amendments
1. This Constitution may only be revised and amended with consent of the peoples' representatives in the State Assembly by a three quarters majority, the consent of the Council of Archons by a two-thirds majority, and the assent of the Prince.
Signed and witnessed this day before the walls of Drakorda in the Governorate of Lachmodan.
Dâniyal ibn Dâniyal Simrâni-Kâlirion
Prince of Modan
