Proclamation of Punta Santiago
|This article or section is a work in progress. The information below may be incomplete, outdated, or subject to change.|
|Original Title:||The Proclamation of Punta Santiago:|
A Union of Alduria and Wechua
|Date effective:||12.XV.1685 AN|
|Signatories:||28 Signatories, the Sapa Wechua,|
and the interim President of Alduria
|Purpose:||To establish the Alduro-Wechua Federation,|
later renamed Federation of Nouvelle Alexandrie
|External Link:||Google Docs Version.|
The Proclamation of Punta Santiago is the founding document of the Federation of Nouvelle Alexandrie. The Proclamation also serves as the basic constitutional charter establishing the government of the Federation and establishing rights and liberties of citizens in the Federation.
The Proclamation initially founded the Federation of Alduria and the Wechua Nation, the complicated but strong union of the Republic of Alduria in Eura and the Wechua Nation, a Keltian Kingdom. It was drafted by the Committee for Aldu-Wechu Integration, a group of politicians (advised by technocrats, diplomats, constitutional experts, and regional political leaders) that met at Government House in the city of Punta Santiago, Alduria. Over the course of 48 days, the drafters refined and debated draft after draft before it was presented to the Committee for final approval. The main drafters of the Proclamation during the meetings in Alduria were Vicaquirao Alvarez, Alejandro Campos, Jean Brown, Vivienne Géroux, Mahdi Vossoughi, Illa Motocanchi, and Phillip Costa.
The Proclamation, with its stress on clearly written and accessible law, serves as the founding document of the Federation. It is a major step in replacing the previous patchwork of laws from both nations and establishes a new body of laws and regulation.
Some Raspur Pact nations sent diplomatic delegates and advisors to the meetings at Government House, sometimes providing input and advice when asked by the Committee. The most prominent of these envoys were the Titular Emperor of Alexandria Francis Joseph IV, the Natopian Chancellor Ernesto de la Cruz, and the Autokrator Primo de Aguilar. Riksamiraler Wilhelm Wartensleben represented the Keltia Command of the Raspur Pact and was consulted with regards to practical matters concerning the defence and security arrangements of the new union. Sanama was represented by a delegation of diplomats led by experienced public servant and Ambassador to Alduria Padric Shallowwood. Shireroth sent its crown prince, Prince Kir, while Elwynn dispatched Taline Darbinyan from the Commission of Foreign Affairs to represent the Court of the Prince. The arrivals of high profile foreign leaders and diplomats lent further legitimacy and popularity to the nascent Federation. Arrivals were often accompanied by much public fanfare, driving crowds out along the route to Government House with flags, confetti, and welcome signs.
At a special ceremony held at the Imperial Constancian Embassy at Punta Santiago, the Autokrator of Constancia took the opportunity to invest both the Titular Emperor of Alexandria Francis Joseph IV and Prince Kir as Grand Knight Commander of the Order of the Royal Blood, while Vicaquirao Alvarez, Alejandro Campos, were both invested as Grand Knight Commander of the Order of the Great Kingdom of Constancia, while Riksamiraler Wilhelm Wartensleben, Sanaman Ambassador to Alduria Padric Shallowwood, and Taline Darbinyan from the Commission of Foreign Affairs of Elwynn were all invested as Knight Commander of the Order of the Great Kingdom of Constancia.
The Proclamation of Punta Santiago and the interim government were renewed for up to two more years in early 1687 AN by the Federal Constituent Assembly with widespread support. The Federal Constituent Assembly went ahead and instead of drafting a new Constitution, it revised and reissued the Proclamation of Punta Santiago, which received wide support in the Assembly. The final and official version of the Proclamation of Punta Santiago was finalized in 1689 AN and sent to the voters, who ratified it in the same year.
Chapter I - General Provisions
Article 1. Government Form.
- The Regions of Alduria, the Wechua Nation, Santander, Valencia, New Luthoria, the Isles of Caputia, North Lyrica, South Lyrica, and the Islas de la Libertad shall henceforth form the Federation of Nouvelle Alexandrie.
- The Federation of Nouvelle Alexandrie is the sole and official successor state of the Federation of Alduria and the Wechua Nation, and of its legacy.
- The Federation of Nouvelle Alexandrie is a constitutional crowned democracy.
- National sovereignty belongs to the people of Nouvelle Alexandrie from whom emanate the powers of the state.
- The Government shall promote the common welfare, the sustainable development, the inner cohesion, and the cultural diversity of the Federation.
Article 2. Division of Powers, Branches of Government.
- The executive of the power is vested in H.M. the King of the Federation and on the executive government established in the King’s name.
- The legislative power is jointly vested in the H.M. the King of the Federation and the Federal Assembly.
- The judicial power is vested in the High Court of Justice and any other courts that the Federal Assembly may establish by law.
- The scope of state power shall be limited by this Proclamation.
- Government powers belong to the federal entities for the following subject matters:
- the defense and territorial integrity of the Federation;
- foreign relations;
- immigration and emigration;
- regulation of inter-regional commerce;
- inter-regional infrastructure;
- national taxation;
- national solidarity systems;
- national private, criminal, and procedural law;
- educational and other necessary standards;
- the promotion of public health and access to health care;
- and all other subject matters which by their very nature or as a corollary to the subjects listed have to be centralized on the national level.
- Government powers not assigned to the federal entities in this Proclamation belong to the Regions.
- In order to promote good governance and effective provision of services, the entities invested with government power in a certain field may agree to share, delegate or coordinate their exercise of such powers to or with other entities of government.
Article 3. Composition of the Federation.
- The Federation of Nouvelle Alexandrie is composed of Regions and Overseas Territories, as designated by law.
- New Regions may be admitted by majority vote (50%+1) of the Federal Assembly into the Federation.
- The territorial organization of the Federation shall be prescribed by law.
Article 4. Federal Capital District.
- The official capital and seat of government of the Federation is the city of Cárdenas.
- The city of Cardenas and its immediate environs, as outlined by law, shall form the Federal Capital District, which shall be a Region in its own right.
- Further provisions for the Federal Capital District shall be enacted by Act of the Cortes Federales.
Article 5. Citizenship and Franchise.
- There shall be a New Alexandrian citizenship, held by all the current citizens of the Federation of Alduria and the Wechua Nation, with its acquisition, loss, and restoration being established by the law.
- All persons that can prove Wechua, Alexandrian, or Caputian descent are entitled to citizenship by graces, to be regulated by the laws of the Federation.
- Persons residing in the Federation who hold citizenship in any of the nations belonging to the Raspur Pact are granted the opportunity to claim New Alexandrian citizenship if they so request it, as established by the laws of the Federation.
Chapter II. Rights of the Citizens
Article 7. Political Parties.
- The creation and maintenance of political parties shall be guaranteed.
- Political parties shall be democratic, open, and lawful, and shall be disbanded or rejected by the High Court of Justice if the requirements are not met.
Article 8. Human Dignity.
- The human dignity of every citizen shall be secured. It shall be a task of the State to enforce this.
- The Çerid of Eura are granted legal personhood in the Federation.
Article 9. Equality of Citizens.
- Every citizen shall be equal before the law. There shall not be discrimination by origin, race, sex, gender, sexual orientation, age, language, social position, way of life, religious, philosophical, or political convictions, or because of a corporal or mental disability.
- Every person who is a citizen shall be entitled to enjoy all rights, privileges, and benefits of citizenship, and shall be subject to all duties, obligations, and responsibilities of citizenship as are accorded or imposed upon him or her in terms of this Proclamation or the laws of the Federation.
Article 10. Right to Personal Liberty.
- The citizens shall enjoy personal liberty. No citizen shall be arrested, detained, searched, seized or interrogated unless it is authorized pursuant to statute. No person shall be punished unless allowed by an Act or by order of the courts.
- Any arrested person has the right to get legal counsel. The state shall hire a lawyer for a defendant if they are unable to hire one.
- Exaggerated, cruel, and unusual punishments are not allowed.
- The death penalty is not allowed.
Article 11. Clarity of Crimes and Preservation of Political Rights.
- No one shall be punished by an Act that was enacted after the crime was committed.
- The political rights of anyone shall not be deprived at any time.
Article 12. Residence Selection Right.
- Every citizen or legal resident shall have the right to select their Region of residence in the Federation.
Article 13. Freedom of Bearing Arms.
- The right of citizens who have technical and mental fitness, as provided by the law, to possess firearms shall not be infringed, providing that they have not been convicted of a felony or a crime involving domestic violence.
Article 14. Freedom of Religion and Conscience.
- The freedoms of faith and conscience are guaranteed. Every person has the right to freely choose their religion or non-denominational belief and to profess them alone or in community with others.
- Every person has the right to join or belong to a religious community and to receive religious education.
- No person may be forced to join a religious community, to conduct a religious act, or participate in religious education.
- The Melusinian, Alexandrian, Intian, Zurvanite, and Ladino faiths shall receive special financial subsidies from the Federation, determined by law, as the native religions of the Federation.
Article 15. Freedom of Speech and Regulations.
- All citizens shall enjoy freedom of speech and press.
- The speech of any citizen shall not violate the honor or rights of other persons. Should speech or the press violate the honor or rights of other persons, claims may be made for the damage. An Act shall define what are violations of honor.
Article 16. Right of Property and Taxes.
- The right of property shall be guaranteed. Property being an inviolable and sacred right, no one can be deprived of private usage, if it is not when the public necessity, legally noted, evidently requires it, and under the condition of a just and prior indemnity.
- For the maintenance of the public force and for the expenditures of administration, a common contribution is indispensable; it must be equally distributed to all the citizens, according to their ability to pay.
- Each citizen has the right to ascertain, by themselves or through their representatives, the need for a public tax, to know the uses to which it is put, and of determining the proportion, basis, collection, and duration.
- Taxes may be laid upon the citizens that are granted by the Cortes Federales by an Act.
Article 17. Right to a Fair Trial.
- Everyone has a right to a fair trial and shall not be imprisoned or punished without any judgment by an established court of this Federation.
Article 18. Petition Right.
- Every citizen has the right to petition H.M. the King or the Cortes Federales. The Prosecution of this is illegal.
Chapter III. The King of Nouvelle Alexandrie
Article 19. Head of State.
- H.M. the King of the Federation shall be the Head of State of the Federation of Nouvelle Alexandrie.
- H.M. the King has to swear the following oath at his coronation: “I do solemnly swear that I will faithfully preserve and protect the Constitution and the laws of this Federation, and that I will uphold and ensure the sovereignty and integrity of the Federation.”
- H. M. the King shall ensure due respect for the Proclamation of Punta Santiago and the rights of the people of the Federation. He shall ensure, by his arbitration, the proper functioning of the public authorities and the continuity of the Federation. He shall be the guarantor of national independence, territorial integrity, and due respect for the Treaties that the Federation ratifies.
- The ruling dynasty is the House of Inti-Carrillo, descending from the union of H.M. the King Manco Capac I and Queen Alexandra.
- H. M. the King serves as the official head and Patriarch of the House of Inti-Carrillo, and may, by Royal Prerogative, issue regulations to govern the members thereof.
- The Crown and its Powers are inherited by men and women in accordance with the provisions of the law. Whenever this Proclamation makes a reference to H.M. the King, it shall be understood to also refer to future Queens and female holders of the Crown.
- His title is that of King of Nouvelle Alexandrie, First Consul of Alduria, Sapa Wechua, Wechua Qhapaq, Intip Churin, Lord of the Ten Regions, and Son of Inti. He may use other titles pertaining to the Crown.
Article 20. Immunity of the King.
- The person of H. M. the King is inviolable and shall not be held accountable. His acts shall always be countersigned. Without such countersignature, they shall not be valid.
- H. M. the King's acts and Decrees shall be countersigned by the President of the Government and, when appropriate, by the competent ministers. The nomination and appointment of the President of the Government and the dissolution of the Cortes Federales shall be countersigned by the Speaker of the Federal Assembly.
- The persons countersigning H. M. the King's acts and Decrees shall be liable for them.
Article 21. Regency.
- Should H.M. the King is unable to perform his duties, the Crown Prince becomes Regent due to Royal Order.
- If there is no Crown Prince, the King shall appoint a Regent and his powers during the Regency.
- Further provisions for a Regency shall be provided by Act of the Cortes Federales.
Article 22. President of the Government (Premier) Appointment.
- H.M. the King appoints the President of the Government (also known as “the Premier”), and upon their recommendation, the Council of State.
- The appointment of the Council of State requires the approval of the Federal Assembly.
- H.M. the King dismisses the Council of State by a majority vote (50%+1) recommending its dismissal in the Federal Assembly.
- A citizen of the Federation is appointed to serve as President of the Government by H.M. the King if they have the majority of votes (50%+1) in the Federal Assembly.
- If there is no candidate that can command a majority, another vote shall be done, with the candidate becoming President of the Government who got the most votes. If the vote is tied, H.M. the King appoints the President of the Government on their choice.
- The Federal Assembly may adopt a motion of disapproval (also known as no-confidence) with regard to the federal government, but it must simultaneously propose to H.M. the King the nomination of a successor.
Article 23. Dismissal and Suspension of the Cortes.
- H.M. the King has the right to suspend the Cortes Federales in accordance with the law and this Proclamation.
- H.M. the King has the right to dismiss the Cortes Federales by recommendation of the Federal Assembly. The Decree shall require countersignature and include the time, methods, and preparations for the next election.
Article 24. Passed Acts.
- No bill passed by the Cortes Federales shall come into effect without the assent of H.M. the King.
- Upon passage of a bill, the Cortes Federales shall send the bill to H.M. the King, if he approves, shall announce it. Otherwise, the bill shall be sent back to the Cortes Federales where they might pass it again with a two-thirds majority for it to come into effect.
Article 25. Commander-in-Chief.
- H.M. the King is commander-in-chief of the Federal Forces of Nouvelle Alexandrie.
- The Council of State has the authority over the use of the Federal Forces.
Article 26. Pardon Right.
- H.M. the King may grant pardons, reprieves, and amnesties to convicted persons, upon the advice of the Council of State.
- This right may not be infringed, but shall be regulated appropriately by the law.
Article 27. Foreign Affairs.
- H.M. the King has the power, by and with the advice of the Council of State, to appoint ambassadors, other public officials, Ministers, and Secretaries who shall be commissioned, accredited, and instructed agreeably to the usage and laws of nations.
- It is the prerogative of H.M. the King to receive and acknowledge ambassadors and other public ministers from abroad.
- It is incumbent upon H.M. the King, upon the advice of the Council of State and the ratification of the Federal Assembly, to express the consent of the Federation to obligate itself internationally through treaties in conformity with this Proclamation and the laws.
Article 28. Right to Introduce Bills.
- H.M. the King may cause Bills and other measures to be introduced in the Cortes Federales.
- H.M. the King is forbidden from participating in parliamentary debate or from otherwise influencing the Cortes Federales.
Article 29. Constitutional Rights Reservation.
- H.M. the King does not have any other rights or responsibilities than the ones mentioned in this Proclamation, or those provided by the law.
Chapter IV. The Cortes Federales
Article 30. The Cortes Federales.
- The Cortes Federales represent the people of Nouvelle Alexandrie and shall consist of:
- H.M. the King;
- the Federal Assembly;
- and the Chamber of Peers.
- The Cortes Federales exercise the legislative powers of the Federation in accordance with this Proclamation and with the laws, and adopt its Budget, control the action of the Government, and have the other competencies assigned by this Proclamation.
- The Cortes Federales are inviolable.
- The Federal Assembly and the Chamber of Peers shall each lay down their own Standing Orders, adopt their budgets autonomously and, by common agreement, regulate the laws for its personnel, employees, and contractors of the Cortes Federales.
- Questions shall be decided by the absolute majority of the votes of the members present.
- The Cortes Federales shall provide in a Cortes Federales Act for the process by which laws are made.
Article 31. Members of the Cortes Federales.
- The Federal Assembly shall be composed of all of the Deputies elected from each of the Regions by proportional representation. Their apportionment and regulation shall be prescribed by law.
- The Chamber of Peers shall be composed of all the Peers of the Realm, as prescribed by the law.
- Members of the Cortes Federales shall not be bound by any compulsory mandate.
- The members of each of the chambers are inviolable for opinions expressed in the exercise of their functions.
- No Peer or Deputy during the term of their office may be arrested by any authority save by order of his respective chamber, except when arrested for murder, corruption, or other high crimes and misdemeanors.
- If a sentence is pronounced upon any Peer or Deputy, the judge, suspending all the subsequent procedure, shall report to their respective chamber, which shall decide whether the trial ought to continue and the member be or not be suspended from the exercise of their functions.
- Peers or Deputies may be appointed to the Council of State, they may combine their two functions.
- No one can be a member of both chambers at the same time.
- The agenda of the Cortes Federales shall give priority, in the order determined by the Government, to the discussion of Government Bills and private members' Bills accepted by the Government.
Chapter V. The Executive
Article 32. Executive.
- The Executive consists of:
- H.M. the King;
- the Council of State;
- the Executive agencies as established by Act of the Cortes Federales.
- The Council of State is composed of the President of the Government (hereafter known as the “Premier”), the Vice-President of the Government (hereafter known as the “Vice-Premier”), the Secretaries of the Departments, and other executive officials as provided by law.
- The Premier shall be the chairperson of the Council of State; but the Council shall be a group of equals, with the Premier being primus inter pares.
Article 33. Vice-Premier.
- H.M the King, on the advice of the Premier, shall appoint a Deputy Premier that may represent the Premier during any unavailability.
- The Premier may also appoint Special Advisors and Secretaries without Portfolio that may take part in Cabinet meetings. A Royal Decree may transfer powers of the Executive to them, as provided by the law.
Article 34. Royal Family Exclusion.
- No member of the Royal Family may be a member of the Executive.
Article 35. Judiciary Executive Exclusion.
- No judge may serve in the Executive.
Article 36. Task of Premier.
- The Premier determines the policy guidelines of the Executive.
- The Premier shall ensure the enforcement of law.
Article 37. Independence of the Department Secretaries.
- The Secretaries of the Departments shall lead their Departments and fulfill the tasks given to them by law independently.
Article 38. Removal of Executive Staff.
- The Federal Assembly may remove any official of the Council of State by majority (50%+1) vote.
Article 39. Organization Right of the Cortes Federales.
- The establishment, organization, and competence of a Department or agency within the Executive shall be determined by Act of the Cortes Federales.
Article 40. Departmental Orders.
- The Secretaries of the Departments shall have the power to issue executive orders pertaining to the competence of their Department.
Chapter VI. The Courts
Article 41. Judicial powers.
- The judicial powers are vested into the Courts that are made up of judges.
- The judges are only subordinate to this Proclamation and the law.
- Any motions concerning an ongoing trial are not allowed to be proposed nor discussed in the Cortes Federales.
Article 42. Removal of Justices.
- Judges shall only be removed due to judgement of any higher court except for the Justices of the High Court of Justice.
- The Cortes Federales may pass an Act to set an end for the office of every judge. Acts to remove an individual judge are void.
Article 43. High Court of Justice.
- There shall be a High Court Justice as the final appellate court of the Federation.
- The Supreme Court shall consist of a Chief Justice and Associate Justices that are proposed by the Premier and appointed by H.M the King upon approval of the Cortes Federales.
- The Cortes Federales may pass an Act to define a limit of Associate Justices in the High Court of Justice.
Article 44. High Court Tasks.
- The High Court of Justice decides on matters of responsibility and powers of the offices created by this Proclamation. They shall furthermore decide on:
- complaints against the elective or legislative process;
- the constitutionality of Acts of the Cortes Federales or Royal Decrees and Executive Orders.
Article 45. Finality of High Court.
- All decisions of the High Court are final and incontestable.
- The High Court shall publish its decisions in a journal.
Article 46. Voidness of Acts after Judgement.
- Any section in an Act or Order becomes void at the time of the judgment by the High Court.
Article 47. Impeachment of Justices.
- Justices of the High Court may be impeached by the Federal Assembly by a two-thirds majority.
Chapter VII. Amending the Proclamation
Article 48. Amending the Proclamation of Punta Santiago.
- The right to propose amendments to this Proclamation at unscheduled times belong to:
- H. M. the King;
- the Federal Assembly.
- On the proposal of the Council of State and with the approval of at least two-thirds (⅔) of the Governors of the Regions, H. M. the King may amend the Proclamation of Punta Santiago through Royal Decree. These Decrees shall be confirmed by the Federal Assembly with a vote of two-thirds (⅔) of the votes cast. The amendment then becomes effective when it has been ratified by the Federal Assembly.
- Deputies of the Federal Assembly may draft bills that amend the Proclamation of Punta Santiago, submitting it for debate and approval, with the amendment being accepted only if it obtains at least two-thirds (⅔) of the votes cast. The amendment then becomes effective when it has been ratified by the Federal Assembly, as provided by law.
- The amendment procedure may not be initiated or pursued when the Federation or the territorial integrity thereof are under attack.
- The form of government and the establishment of the Federation are not subject to revision.
Article 49. Constitutional Conventions.
- Following the second election to the Federal Assembly under this Proclamation, a Constitutional Convention shall be held for the purpose of amending the Proclamation of Punta Santiago.
- The Constitutional Convention shall be composed of an equal number of delegates from each of the Regions.
- The members of each Region’s delegation shall be chosen for the duration of the Convention by the government of the Region according to the laws and procedures of that Region.
- The Constitutional Convention shall examine and discuss such amendments to the Proclamation of Punta Santiago as are submitted to it by the delegates, to determine whether, and in what form of words, each shall be accepted.
- Acceptance of an amendment shall be determined by a vote of the delegates of the Constitutional Convention.
- An amendment shall be proposed to H. M. the King for issuance in Royal Decree provided that:
- At least two-thirds (⅔) of the total votes cast are in favor;
- At least a simple majority of each Region's delegates vote in favor.
- The Constitutional Convention shall be concluded no less than two (2) AN years from its beginning.
- Future constitutional conventions may be called by a two-thirds (⅔) vote of the Federal Assembly.