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Wechua Constitution of 1663

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Wechua The Constitution of the
Wechua Nation
WechuaConstitution1663.jpg
Original Title: The Wechua Constitution of 1663
Jurisdiction: Wechua Nation
Ratified: xx xx xxxx AN
Date effective: x xx xxxx AN
System: Constitutional monarchy with a
parliamentary democracy
Branches of Government: Three (Executive, Legislative, and Judicial)
Chambers: One (The Council of the Nation)
Executive: Hereditary King ("Sapa Wechua")
Judiciary: High Court of Justice.
Amendments: Amendment I (DATE)

Background

See also: Wechua Spring

Referendum

Text

Title I - The Rights, Responsibilities, and Liberties of the Wechua Nation

1. The Wechua are equal before the law, whatever may be their titles and ranks.
2. The principle of any sovereignty resides essentially in the Wechua Nation. No body and no individual can exert authority which does not emanate expressly from it.
3. Liberty consists of doing anything which does not harm others: thus, the exercise of the natural rights of each man has only those borders which assure other members of the society the fruition of these same rights. These borders can be determined only by the law.
4. The law has the right to forbid only actions harmful to society. Anything which is not forbidden by the law cannot be impeded, and no one can be constrained to do what it does not order.
5. The law is the expression of the general will. All the citizens have the right of contributing personally or through their representatives to its formation. It must be the same for all, either that it protects, or that it punishes. All the citizens, being equal in its eyes, are equally admissible to all public dignities, places, and employment, according to their capacity and without distinction other than that of their virtues and of their talents.
6. The personal liberty of the Wechua is guaranteed; no one can be prosecuted nor arrested save in the cases provided by law and in the form which it prescribes.
7. Every one may profess his or her religion with equal freedom and shall obtain for their worship the same protection.
8. Nevertheless, the Faith of Inti shall forever remain the faith of the Wechua Nation.
9. The ministers of the Faith of Inti alone receive stipends from the Royal Treasury.
10. The Wechua have the right to publish and to have printed their opinions while conforming to the laws, which are necessary to restrain abuses of that liberty.
11. 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.
12. The guarantee of the rights of man and of the citizen necessitates a public force: this force is thus instituted for the advantage of all and not for the particular utility of those in whom it is trusted.
13. 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.
14. Each citizen has the right to ascertain, by himself or through his representatives, the need for a public tax, to consent to it freely, to know the uses to which it is put, and of determining the proportion, basis, collection, and duration.
15. All citizens have the right to participate freely in the formation, exercise and control of political power, directly or through their representatives, individually or collectively. Participation shall be equitable and under equal conditions for men and women.

Title II - The Wechua Nation

1. The Wechua Nation, also known as the Tawantinsuyu, is the aggregate of all the Wechua people, with Wechua citizenship, as provided by the laws and customs of the Wechua Nation.
2. The Wechua Nation is, and always shall be, independent of every foreign domination.
3. The territory of the Wechua Nation comprises of the Suyus, or Regions, of Rimarima, Parap, Taulliraju and Kuntisuyu.
4. State powers belong to the Regions if not assigned to the national entities by this Constitution.
5. The Suyus, or Regions, are bound to convey powers to their subdivisions if the adequate use of those powers is possible on the local level.
6. All powers of the State have to render each other legal and administrative assistance.
7. Each of the Suyus, or Regions, are divided into departments and cities.
8. Further territorial divisions shall be provided by the law; while another law shall fix their boundaries in concurrence with the adjoining Suyus, departments, and/or cities.
9. The capital of the Wechua Nation is the city of Parap, and can only be moved by the King, for a temporary period previously defined, and only under extraordinary circumstances or national emergency.
10. The Wechua Nation has the National Colors, the National Flag, Seal, and Coat of Arms as well as the National Anthem; and these are set by the laws and customs of the Wechua Nation.

Title III - The Wechua Citizenship

1. The Wechua people are all who are born in the territory of the Wechua Nation; the children of a Wechuan father or mother born out of the territory, when they legally express their wish to become domiciliated in the Wechua Nation; those who have fought for the Wechua liberty and independence; and foreigners who obtain letters of naturalization from the King.
2. The duties of every Wechua citizen are to live subject to the Constitution and the Laws; to respect and obey the constituted authorities; to contribute to the public burdens; to sacrifice his property, and even his life, when the safety of the Wechua Nation requires it; and to watch over the preservation of the public liberties.
3. The qualifications for Wechua. citizenship are to be established by the laws and customs of the Wechua Nation.
4. Only Wechua citizens can obtain employment and offices in the public service or in the military of the Wechua Nation.
5. The exercise of Wechua citizenship is suspended in the case of insanity; for the crime of fraudulent bankruptcy; for having been the object of a criminal prosecution; and for buying or selling votes at elections, or disturbing their regular, free and fair proceedings.
6. The right of citizenship is forfeited by treason to the Nation and the King; by naturalization in a foreign country that is a known enemy of the Wechua Nation; by having suffered infamous or corporal punishment; by virtue of a judicial sentence; and not having obtained a restitution of rights from the Council of the Nation; or by accepting employment, honors, or emoluments from another Government, without the consent of the King, or consent of the Council of the Nation.

Title IV - The King of the Wechua Nation

1. The person of the King, the Sapa Wechua, Son of Inti, is inviolable and sacred. His ministers are responsible. To the King alone belongs the executive power.
2. The King is the head of the State, the symbol of its unity, and the guarantee of national independence. He exercises the executive power in conformity with the Constitution and the laws of the Wechua Nation.
3. The King shall be the supreme head of the Wechua Nation. He commands the land, air, and sea forces, declares war, makes treaties of peace, alliance, and commerce, appoints to all places of public administration, is the fons honorum, and makes the necessary regulations and ordinances for the execution of the laws and the security of the Wechua Nation.
4. Whenever this Constitution or any laws in the Wechua Nation refer to a masculine “King”, it shall also refer to the feminine “Queen”, as both genders can hold the Holy Throne of the Sun.
5. The King's constitutional powers are hereditary through the direct, natural, and legitimate descent from His Majesty King Manco Cápac, by order of primogeniture.
6. The successor of the King shall have the title of Crown Prince and Star of Inti.
7. The successor of the King shall be deprived of their rights to the crown, if he or she marries without the King's consent or, in the absence thereof, without the consent of those exercising the King's powers in cases provided for by the Constitution and the laws of the Wechua Nation.
8. Lost succession rights may nonetheless be re-established by the King.
9. The King may not simultaneously act as head of another state without the consent of the Council of the Nation. The Council of the Nation may not debate this matter unless two-thirds of their members are present, and the resolution may be adopted only with a majority vote.
10. The King may accede to the Holy Throne of the Sun only after having taken the following oath before the fully assembled Council of the Nation: "I swear to observe the Constitution and the laws of the Wechua Nation, to preserve our national independence and our territorial integrity".
11. Should the King find himself unable to reign, the ministers, having observed this inability, immediately summon the Council of the Realm. A Regency and guardianship shall be provided by the King, or in case of the King's incapacitation, certified by his ministers, by the Council of the Realm. Regency may be conferred on only one person, and the Regent may take office only after having taken the oath as specified in this Title for the King.
12. The King alone sanctions and promulgates all the laws of the Wechua Nation.
13. There shall be a fixed Civil List, for the duration of the reign of the King, by the first Council of the Nation assembled after the accession of the King; subject to amendment only by the Council of the Nation.
14. The King alone sanctions and promulgates the laws.
15. The King proposes the laws. The legislative power is exercised collectively by the King, the Council of the Nation, and the administrations of the local Suyu (Regions).
16. If the proposal is adopted by the Council of the Nation, it shall be laid before the King; if it is rejected, it cannot be presented again in the same session.
17. The Council of the Nation has the power to petition the King to propose a law upon any subject whatsoever and to indicate what seems suitable for the law to contain.
18. Every law shall be freely discussed and voted by the majority of the Council of the Nation.
19. The King has the right to remit or reduce penalties awarded by the judges, except as provided for in respect of members of the Government. The King has the right to mint money in pursuance of the law.
20. The King, as the fons honorum, has the right to bestow titles of nobility without being able to attach any privilege to them.
21. The King confers civil and military orders while complying with the provisions of the law.
22. The King may have Himself represented by a Prince or Princess of the blood, who shall bear the title of Lieutenant of the King and reside in the Wechua Nation. This representative shall take an oath to observe the Constitution before entering upon the exercise of their powers.
23. Chinchero Palace in Parap, Fort Ranrapalca in Taulliraju, and the Marlborough House in Rimarima are reserved for the residences of the King and his Royal Family.
24. All provisions of the King require the countersignature of a responsible member of the Government.

Title V - The Government of the Wechua Nation

1. The Sapa Wechua is the King of the Wechua Nation, and he shall appoints and dismisses his ministers, freely.
2. The Government of the Wechua Nation belongs to the King, and it shall include as many Ministers, Secretaries, and Regional Ministers as the King may desire, not counting the Inkap Rantin as Prime Minister and head of the Government.
3. The Government offers its resignation to the King if the Council of the Nation, by an absolute majority of its members, adopts a motion of disapproval, proposing to the King the nomination of a successor to the Prime Minister. The King names the proposed successor as Prime Minister, who takes office the moment the new Government is sworn in.
4. Ministers are responsible before the Council of the Nation.
5. No minister may be prosecuted or pursued on account of opinions expressed in the line of their duties.

Title VI - The Council of the Wechua Nation

1. The legislative power is exercised collectively by the King, the Council of the Wechua Nation, and the administrations of the local Suyu (Regions).
2. The interpretation of laws by way of authority may only be effected through the law.
3. The Council of the Wechua Nation represents the Wechua people, and is composed of 301 Royal Councillors (including the Speaker, +1), who each vote without referring to their constituents and may have in view only the general interests of the Wechua Nation.
4. The organization of the Council of the Wechua Nation is regulated by law.
5. The elections of Royal Councillors is direct.
6. Royal Councillors are elected by straightforward universal suffrage on the party-list system, in accordance with the rules of proportional representation, and the rules to be determined by the law.
7. The country is divided into four electoral districts: the South, the Center, the North and the East.
8. The electors may be requested to pronounce themselves by way of a referendum in cases and under conditions to be determined by law.
9. To qualify as an elector it is necessary to be a Wechua citizen, man or woman; to enjoy full civil and political rights; to have reached the age of majority in accordance with the laws; with no other conditions of eligibility being imposed beyond those listed here.
10. The Council of the Wechua Nation verifies the credentials of its members and settles any disputes arising on the subject.
11. On taking up office, Royal Councillors shall take the following oath: "I swear (or affirm) to be faithful to the King, His Heirs, and Successors; and to obey the Constitution and the laws of the Wechua Nation, with the intention of always preserving the national independence, the territorial integrity and maintaining loyalty to King and Nation." This oath is to be taken at a public sitting before the Speaker-President of the Council of the Realm.
12. At the beginning of each session, the Council of the Wechua Nation shall be opened by the King or a representative of the King duly appointed for such purpose, and shall proceed to first elect its Speaker-President and vice-presidents, and sets up its Committees and Subcommittees, via Organizing Resolution.
13. Sittings of the Council of the Wechua Nation are held in public, except where otherwise provided in the rules of procedure.
14. Bills and Resolutions require an absolute majority of votes. Should the votes be equally divided, the measure under discussion is rejected. The Council may not pass a bill or resolution unless the majority of its members are present.
15. The Council of the Wechua Nation has the right of inquiry. The exercise of this right is regulated by the law.
16. The Council of the Wechua Nation has the right to amend and divide the articles and amendments proposed.
17. No Royal Councillor may be prosecuted or investigated on account of opinions expressed or votes cast by him in the course of his duties.
18. No Royal Councillor can be prosecuted or arrested in a repressive matter in the course of a session, without the Council's authorization, unless caught in the act of committing a serious offense. None of its members may be imprisoned for debt during the session without the same authorization. The detention or prosecution of a Royal Councillor is suspended during and throughout the session if the Council so demands.
19. The Council determines in its rules of procedure the manner in which it exercises its powers.
20. The sittings of the Council of the Wechua Realm are held in the House of Laws in Parap, and shall maintain its central offices for operations in the House of Laws and adjoining edifices serving as part of or containing the Wechua Legislative Offices and the Offices of the Royal Councillors.
21. There shall be an Architect of the Council, appointed by the Council through its Organizing Resolution to serve during that present Session, who shall be in charge of the maintenance, improvement, and construction of all facilities and infrastructure required for the Council of the Wechua Nation and its operations.
22. The Council meets each year in ordinary session at the time specified in the rules of procedure.
23. The King may summon the Council to an extraordinary session; he is required to do this if a third of the Royal Councillors so request.
24. Every session is opened and closed by the King in person, or in his name by an authorized representative appointed for the purpose.
25. The King may dissolve the Council of the Wechua Nation. New elections must be held at the latest within two AN years of the dissolution.
26. Royal Councillors receive, in addition to their travel expenses, an allowance of which the law determines the amount and conditions.

Title VII - The High Court of Justice of the Wechua Nation

1. Disputes over civil rights lie exclusively within the jurisdiction of the courts.
2. Disputes over political rights lie within the jurisdiction of the courts except as otherwise provided by law.
3. No court or jurisdiction in contentious matters may be set up, except by virtue of a law. No extraordinary commissions or courts may be set up, under whatever name.
4. The highest judicial body of the Wechua Nation will be the High Court of Justice of the Wechua Nation.
5. The High Court of Justice decides, by way of judicial review, on the conformity of the laws with the Constitution through a petition of the King, a Wechua citizen or by a Royal Councillor.
6. The High Court of Justice is composed of the Lord Chief Justice, the Associate Justices of which there shall be no more than nine, and five Junior Justices nominated by the King, with the advice and consent of a majority of the remaining members of the High Court of Justice.
7. The organization of the High Court of Justice and the manner in which it exercises its attributions are regulated by the law.
8. Hearings in court shall be public unless such publicity is a threat to good order and morality, in which case the court so declares by a ruling.
9. All judgments shall be reasoned. They are pronounced in public court session.
10. Justices of the Peace and judges of the courts are appointed directly by the King. Members of the High Court of Justice and justices of lower and inferior courts are appointed by the King on the advice of the Grand Council of the Realm.
11. Justices of the Peace, lower and inferior court judges, and members of the High Court of Justice are appointed for life. None of them may be deprived of his post or suspended save by a judicial decision. None of these judges may be transferred except by way of a new appointment and with their consent.
12. In the event of infirmity or misconduct, however, he may be suspended, dismissed, or transferred, under the conditions laid down by the law.
13. The salaries of members of the judiciary are fixed by law.
14. Except where otherwise provided by law, no judge is allowed to accept salaried functions from the Government unless they perform them free of charge, without prejudice, however, to cases of incompatibility determined by law.
15. Special laws regulate the organization of military tribunals, their duties, and the rights, obligations, and terms of office of their members.
16. The law also regulates the organization of the jurisdictions pertaining to labor and social security matters, their duties, the mode of appointment, and the terms of office of their members.
17. Courts and tribunals may apply general and local decisions and regulations only in so far as these comply with the laws. The High Court of Justice settles disputes as to competence, in accordance with the procedure laid down by the law.
18. The jurisdiction in administrative matters belongs to the Administrative Tribunal and the Administrative Court. These courts also have jurisdiction in tax matters in the cases and under the conditions determined by the law.
19. The law may create other administrative jurisdictions.
20. The Administrative Court constitutes the supreme court of the administrative order.
21. The attributions and the organization of the administrative courts are regulated by the law.
22. The magistrates of the Administrative Court and the Administrative Tribunal are nominated by the King. The nomination of the members of the Administrative Court as well as of the President and the Vice-Presidents of the Administrative Tribunal are made, except concerning the initial nominations, upon the opinion of the Administrative Court.
23. A People's Ombudsman, appointed by the Lord Chief Justice, shall safeguard fundamental rights and liberties and control the compliance of all state powers with the provisions of this Constitution.

Title VIII - The Public Force

1. All matters connected with the armed forces are regulated by the law.
2. The organization and the powers of the forces in charge of public order are settled by law.
3. A civil guard, whose organization is regulated by the law, may be formed.

Title IX - The Public Finances

1. No tax may be imposed for the benefit of the State except pursuant to a law. No loan to be borne by the State may be contracted without the consent of the Council of the Nation.
2. No real property of the State may be alienated unless such alienation is authorized by a special law. A general law may fix a limit up to which no special authorization is requested.
3. Every purchase by the State of significant real property, every significant commitment of funds in large infrastructure or important building plans, must be authorized by a special law. A general law sets the thresholds from which this authorization is requested.
4. No commitment may burden the State budget further than one fiscal year, except by a special law.
5. No Suyu, or regional, charge or tax may be introduced except with the consent of the Suyu, or Regional, Government affected.
6. A law determines the exceptions shown by experience to be necessary as regards local and city taxes.
7. No privilege may be introduced in the matter of taxation. No exemption or abatement may be established except by law.
8. Save in cases formally excepted by law, no recompense may be demanded of citizens or public establishments except in the form of taxes for the benefit of the State or of the Suyu.
9. No pension, half-pay, or gratuity charged to the Royal Treasury may be granted except by law.
10. An Audit Chamber is required to audit and settle the accounts of the general administration and of all accountable to the Royal Treasury.
11. The law regulates its organization, the exercise of its powers, and the method of appointing its members.
12. The Audit Chamber ensures that no budget item of expenditure is exceeded.
13. No transfer may be made from one section of the budget to another except by law.
14. Members of the Government may, however, within their own departments, transfer surpluses of one item to another item in the same section, provided that they :15. justify their action before the Council of the Nation.
16. The Audit Chamber draws up the accounts of the different administrations of the State and is required to collect for this purpose all the information and vouchers necessary. The general account of the State shall be submitted to the Council of the Nation together with the Audit Chamber's comments.
17. The salaries and pensions of ministers and clergy of the Faith of Inti shall be borne by the State and regulated by the law.

Title X - Amending the Constitution and Transitory Provisions

1. Every foreigner on the territory of the Wechua Nation shall enjoy the protection afforded to persons and property, except as otherwise provided by the law.
2. No law or general or local administrative decision or regulation shall come into force until it has been published in the form determined by the law.
3. No provision of the Constitution may be suspended.
4. The Council of the Nation has the right to declare the need to amend any constitutional provision it specifies.
5. The Council of the Nation decides, with the final consent of the King, on the points to be amended, and offer the amendments in the form of a bill.
6. The Council of the Nation shall not proceed to the vote on the amendment bill unless at least three-quarters of its members are present, and no amendment may be adopted unless it is backed by at least two-thirds of the votes.
7. During a Regency, no amendment can be made to the Constitution concerning the constitutional prerogatives of the King, his status as well as the Order of Succession.
8. From the day the Constitution enters into force, all laws, decrees, decisions, regulations, and other acts in conflict with it are abolished.
9. The death penalty, abolished in political matters, shall be replaced by the penalty immediately below it, until such time as this matter has been covered by the new law.
10. Until the laws and regulations provided for by the Constitution have been promulgated, the laws and regulations at present in force continue to be applied.