The Constitution of the Kingdom of Craitland

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The Constitution of the Kingdom of Craitland

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The Constitution of the Kingdom of Craitland

The free and united people of Craitland, having taken upon themselves the historical duty to institute a sound political order within its community, seeking to ensure justice, equality, respect in its political, economic, and social affairs, and committed to preserving the dignity and pride of the Craitish nation, do hereby adopt and enact this Constitution of the Kingdom of Craitland.

Chapter I. The Kingdom

Sec. 101. Constituent countries.

(a) The Kingdom of Craitland is a union of four constituent countries: Craitland, Incontinentia, Zandarijn, and New Vaduz.

(b) The city of Cherry Trees in Craitland shall be the capital and seat of the Government and Parliament.

Sec. 102. Admission of Territories.

An Act of Parliament shall be required to admit new countries to the Kingdom, to grant existing constituent countries independence, or to modify their names and borders.

Sec. 103. Form of government.

(a) The Kingdom is a constitutional monarchy with a parliamentary system of government.

(b) The powers of the State are embodied in the King and the People, who shall exercise it solely through the institutions created under this Constitution and subsequent law.

Sec. 104. National symbols.

The King shall have the power to designate national colours, flags, coats of arms, and other symbols of the Kingdom.

Sec. 105. Official languages.

Craitish and English shall be the national and official languages.
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Chapter II. The Monarchy

Sec. 201. Role of the King.

The King is the head and embodiment of the State both at home and abroad, the guarantor of the legal and constitutional order, and the chief protector of the Craitish People and culture.

Sec. 202. Direction of foreign affairs.

(a) The King shall conduct the diplomatic affairs of the State.

(b) No treaty or other diplomatic instrument shall bind the State and People unless it has been assented to by the King and ratified by Parliament.

(c) The Kingdom shall not enter into a state of war except with the consent of Parliament.

Sec. 203. Command of the military.

(a) The King shall exercise the supreme command of all Craitish armed forces.

(b) The Craitish military shall not operate outside of the Kingdom for any period exceeding fourteen days without the consent of Parliament.

Sec. 204. Cultural development.

The King shall promote the social and cultural development of the Kingdom and its constituent countries, and the establishment of local and national institutions to that end.

Sec. 205. The Royal Prerogative.

(a) The powers granted in Sections 202, 203, and 204 of this Constitution comprise the King's Royal Prerogative.

(b) The King may delegate his prerogative powers, or any portion thereof, to Ministers appointed without the necessity of parliamentary confirmation.

(c) Any royal power which is not within the Royal Prerogative may be exercised only by the King personally.

(d) Ministers appointed under this Section shall remain subject to deprivation of office by a court of law.

Sec. 206. Residual powers.

The King shall appoint all officers of the State for which the law provides no other method of selection.

Sec. 207. Succession to the throne.

The reigning King shall determine the hereditary, appointive, or elective character of the monarchy, and the necessary qualifications of heirs and successors to the throne.

Sec. 208. Regency.

(a) A Regent appointed under this Section shall hold all powers granted to the King by the law, save those granted in Section 206 of this Constitution.

(b) The King may appoint a Regent to serve for any period of time.

(c) In the event of the King's prolonged absence, the Parliament may appoint any citizen as Regent.

(d) For the purposes of this Section, the King shall be deemed to be absent when he has not carried out his duties as monarch for a period of thirty days, during which time the Speaker of Parliament shall make regular attempts to contact him.

(e) A Regent appointed under this Section shall be subject to dismissal and replacement by the King or Parliament at any time.
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Chapter III. Responsibilities of the State

Sec. 301. General welfare.

The highest and most fundamental duty of the State shall be to promote the social, political, and economic welfare of the Craitish People, for which purpose it shall establish laws and protect public order.

Sec. 302. National defence.

The State shall have a responsibility to establish and maintain an adequate military force, for the defence of the People from foreign aggression, the aid of allied nations, and the protection of peace and international harmony on Micras.

Sec. 303. Economic stability.

In the interests of maintaining the highest feasible level of production, employment, and economic growth, the State shall regulate the national currency and the system of public credit.

Sec. 304. Provision of public goods.

The State shall take measures to promote universal access to healthcare and basic education among residents of the Kingdom, and to eliminate significant regional or socio-economic inequalities in quality and access, either by public provision of such services or by regulated private provision.

Sec. 305. Public funding.

The State shall obtain necessary public funds for carrying out its responsibilities through an equitable system of taxation, which shall in general exempt citizens earning only a subsistence income, and provide disincentives for undesirable social and financial activities.
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Chapter IV. Rights of the Craitish People

Sec. 401. Basic human rights.

(a) Everyone has the right to life, liberty, and personal security, and shall only be deprived of these rights in the execution of a sentence of a court following his conviction of a crime for which this penalty is provided by law.

(b) Everyone has the right to freedom of thought, conscience, and religion, freedom of expression through a free press and other means of communication, and to freedom of peaceful assembly and association.

(c) The State shall secure the rights set out in this Section to everyone within its jurisdiction, subject only to such reasonable limits prescribed by law as can be justified in a free and democratic society.

Sec. 402. Political rights.

(a) Every Craitish citizen has the right to participate in his own governance by electing representatives, organizing in political parties and interest groups, and accessing public government information.

(b) The law may provide for deprivation of the ability to hold public offices in sentencing upon conviction for treason, espionage, fraud, corruption, and other grave crimes against the People and public order.

Sec. 403. Legal rights.

(a) Everyone has the right to be secure from arbitrary searches and seizures of property.

(b) No person shall be subjected to torture or to inhuman or degrading treatment or punishment.

(c) The use of capital punishment for any offence in times of peace or of war is abolished.

Sec. 404. Procedural rights.

(a) No person shall be arrested or detained without being informed of a reasonable cause, and no person shall be detained for more than three days without being charged with an offence against the law.

(b) Upon arrest or detention, everyone has the right to receive legal counsel, and to be informed of that right.

(c) Any person charged with an offence has the right to be informed of the detailed charges against him, to a trial within a reasonable period of time, and to be presumed innocent until proven guilty through a fair trial in accordance with the law.

(d) No person shall be compelled to confess an offence or otherwise give testimony against himself.

(e) No person shall be tried for an offence of which he has already been acquitted or convicted in accordance with the law, except in the event of newly-discovered facts, or where there was a fundamental defect in the previous proceedings.

(f) No person shall be found guilty of any act or omission which did not, at the time of that act or omission, constitute an offence under the law.

Sec. 405. Mobility and nationality rights.

(a) Every Craitish citizen has the right to enter, remain in, and leave the Kingdom, or to take up residence in any constituent country, within such reasonable limitations and restrictions as may be provided by law.

(b) No citizen shall lose or be deprived of his Craitish nationality and citizenship, except by his own request, or by such other procedures as the law may provide.

Sec. 406. Equality before the law.

Everyone is equal before the law, and shall have the equal right to enjoy the benefit and protection of the law without discrimination based on gender, race, nationality, religion, sexual orientation, age, or disability.
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Chapter V. The Parliament

Sec. 501. Legislative power.

(a) The highest law-making body in the Kingdom shall be the Craitish Parliament.

(b) No law shall enter into effect without the consent of the King and Parliament.

(c) Particular laws may authorize Ministers to issue orders on their implementation by the Government.

(d) Orders issued under Subsection (c) of this Section may be entirely or partially nullified at any time by a resolution of Parliament.

Sec. 502. Qualifications and election of Members.

(a) Parliament shall be composed of Members representing the electoral districts set out in the Schedule to this Constitution; additional districts may be established by law.

(b) Any Craitish citizen may serve as a Member of Parliament, unless lawfully deprived of the right to hold political offices in the Kingdom.

(c) In the event of multiple citizens declaring their candidacy as Member for a single district, an election shall be held to determine who will represent it in Parliament.

(d) Elections shall be supervised by the King or another impartial officer, and shall be regulated by law.

Sec. 503. Length of sessions.

(a) In each year, Parliament shall sit for four sessions of three months each.

(b) Sessions shall ordinarily be ceremonially summoned, convoked, and dissolved by the King, but the assembly of Members and election of a Speaker shall be sufficient to constitute a lawful Parliament.

Sec. 504. The Speaker.

At the beginning of each session, the Members of Parliament shall select one of their number to preside over parliamentary debates and proceedings as Speaker.

Sec. 505. Orders of the House.

Parliament may issue temporary or standing orders concerning procedures, the election of officers, rules of order and conduct, and the location of meetings.
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Chapter VI. The Executive Government

Sec. 601. Executive power.

The executive powers of the State, except those which fall within the Royal Prerogative, shall be vested in a Government legally established by Parliament, and responsible to both the King and Parliament.

Sec. 602. Establishment of Ministries.

(a) Parliament shall enact laws to create and empower ministerial positions.

(b) Ministers appointed under this Section shall be appointed by the King with the confirmation of Parliament.

(c) Ministers shall have only those powers which have been granted to them by law.

(d) Each Minister may appoint deputies and assistants without reference to the King or Parliament.

Sec. 603. Independence of Ministers.

(a) All Ministers shall be considered equal members and representatives of the Government.

(b) No Minister shall have authority over the appointment and dismissal of other Ministers, or other the conduct of Government policy in other ministries.

(c) Ministers shall not be obliged to resign at the same time, or to be members of the same political party.

Sec. 604. Parliamentary responsibility.

(a) All Ministers shall have a right to be heard in Parliament, and a duty to answer questions put to them by Members in a timely manner.

(b) Parliament may dismiss a Minister appointed under Section 602 of this Constitution at any time by means of a Resolution of the House, stating therein the reason for such dismissal.

Sec. 605. Royal responsibility.

(a) All Ministers shall regularly inform the King of their official acts and policies.

(b) The King may dismiss any Minister by means of a public statement to that effect, stating therein the reason for such dismissal.
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Chapter VII. The Judiciary

Sec. 701. Judicial power.

The judicial power of the Kingdom shall be vested in the High Court of Justice, and such lower Courts as may hereafter be established by law.

Sec. 702. The Judges.

(a) Subject to the confirmation of Parliament, the judges and other judicial officers shall be appointed by the King at his own sole discretion.

(b) A judge shall be dismissed from his office only upon conviction for a grave offence against the laws of the Kingdom, or for failure to uphold the judicial impartiality expected of him.

(c) Except as may be expressly permitted by law, all judges shall remain politically impartial during their terms, and therefore shall not hold any other government office, or be a member of any political party or organization with explicitly political goals.

Sec. 703. The High Court.

(a) The High Court of Justice shall be the highest court of the Kingdom, and in addition to hearing such matters on appeal as shall be referred to it by lower courts, shall have original jurisdiction over cases involving—

(1) Ambassadors, diplomats, or foreign governments;
(2) the Kingdom, the King, constituent countries, or judges;
(3) treason or crimes against constitutional government;
(4) the interpretation of this Constitution; and
(5) until the establishment of lower courts, all other matters.

(b) The High Court shall be composed of—

(1) a Chief Justice; and
(2) two Associate Justices.

(c) If a case should come before the High Court when there are no Justices, or when the only Justice is a party to the case, Parliament shall as soon as possible appoint a Temporary Justice to try the case, who need not be a Craitish citizen.

(d) All decisions of the High Court shall be made by a majority vote of the Justices. A Justice dissenting from the majority shall have the right to publish a separate opinion for posterity.
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Chapter VIII. General Provisions

Sec. 801. The Rule of Law.

(a) The laws and this Constitution shall be binding on all persons residing or otherwise present within the Kingdom and its constituent countries.

(b) The provisions of this Constitution shall have supremacy over all other laws.

(c) No law shall have binding force unless it is displayed in a public place accessible by all citizens.

Sec. 802. Validity of prior legislation.

The laws, decrees, orders, and official acts promulgated prior to the passage of this Constitution shall remain in effect, except inasmuch as they conflict with the provisions of this Constitution.

Sec. 803. Amendment of the Constitution.

This Constitution may be amended, modified, or abrogated only by means of a Resolution passed by Parliament, assented to by the King, and approved in a referendum submitted to all Craitish citizens.

Sec. 804. Transitional provision.

Until the twelfth day of December in the calendar year 2012, this Constitution may be amended in the manner set out in Section 803, but without the necessity of a referendum.
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Re: The Constitution of the Kingdom of Craitland

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Schedule to the Constitution

Electoral Districts of the Kingdom.

Until Parliament provides otherwise by law, the electoral districts of the Kingdom shall be as follows:

Craitland, Province of Cherry Trees:

1. Kahthajtensen
2. Cherry Trees

Craitland, Province of Obsĵaiduņ:

1. Tiem
2. Huläj
3. Foróp
4. Gaär
5. Zen

Craitland, Province of Metzreäiĵer:

1. K'asan
2. Xäi
3. M'e-D'aar
4. K'eĵer
5. K'aĵräk
6. Nórd Täó
7. Hänä
8. F'ed-Juliaĵ

Craitland, Province of Klevets-ó-Sdaa:

1. M'e-Juliaĵ
2. Sóth Täó
3. Juliaĵ
4. La-Kirest
5. Sdaa
6. Klevets
7. Róndsdaa

Craitland, Province of Unstjeiädón:

1. Ĵars
2. Jedś-ó-Ĵars
3. Laintens
4. Hjarland
5. Nórd Ämo
6. Sóth Ämo
7. Osĵätoņ

Craitland, Province of Jedu:

1. Carä
2. Ujest Kuiĵ
3. Óst Kuiĵ

Incontinentia:

1. Incontinentia

New Vaduz:

1. New Vaduz

Zandarijn:

1. Hamstadt
2. Oudorp
3. Prins Haven
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Re: The Constitution of the Kingdom of Craitland

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Signed:

July 13th, 2012

King Craitman H. Pellegrino

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