Ending the liberal wishy-washy constitution (badao)

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Raz
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Ending the liberal wishy-washy constitution (badao)

Post by Raz »

It is time to make Jingdao pure again. We should put an end to the liberalism that is trampling our national pride. With the ascension of Emperor Hai, several members of the Kuominliantang have formed a new faction, the Badao (way of the hegemon) party. It wishes to establish a new absolutist government in Jingdao but is willing to discuss increasing the power of the emperor gradually.

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Re: Ending the liberal wishy-washy constitution (badao)

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*Feng Shui could not stop himself from showing a shocked face when the Head Steward had delivered the announcement personally in name of the Heavenly Light. It had been unusual to have the Steward around during a Yuan meeting (and this morning the debate had been about the number of plants that should be planted in the garden of the Diet, hardly something interesting for a palace representative), but none of his party had had a clue. Except for some, who immediately after the announcement stood up and congratulated the Court for this daring move. Others were still dumbfounded of what was happening. Diwang Chiang Shun ad become paler than usual.

The Hai Emperor had proven himself to be a cunning man: even when away with the Western Armada as First Prince, He had successfully kept contact with, and taken control over, the Tegong. He had used dissatisfaction over budget cuts of the Army (in favor of the expansion program for the Navy) to gain support of the generals, while - ironically - His rank as admiral gave Him the support of a large faction within the Navy, who saw Him as a fellow naval officer.

In summary: you could see that the Diwang was already considering a countermove in case the Imperial Household wanted to take power by force. Luckily it seemed not the way. The absolutists were as keen to avoid another war - at least between Jingdaoese while the Shirerithian barbarians stood at the gates - as the constitutionalists were. And as it looked now (more and more members of the KJT left their seat and walked towards the Steward, while shaking hands with their comrades). Cheers were heard, curses were shouted and the socialists - as usual - were booing.*
Important characters:
Frederik Alfons des Vinandy-Paravel, King of Batavia
Joseph Bartholomeus des Vinandy-Windsor, Prince-Regent of Batavia
Jin San, Diwang of Jingdao, Duke of Kildare

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Raz
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Re: Ending the liberal wishy-washy constitution (badao)

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First draft
Xainfa Constitution
CONSTITUTION OF THE JINGDAOESE STATE


CHAPTER I - THE EMPEROR

Article 1.

The Jingdaoese Empire is a jewel in the crown of the Heavenly Light, with whom resides sovereign power over the empire. The Heavenly Light symbolizes the unity of the people and he guides them on the Pure Path. The position of the Heavenly Light is derived from the will of the Gods.


Article 2.
The Heavenly Throne shall be dynastic and lies in hands of the Erasmii Dynasty.


Article 3.
The cabinet shall be responsible for executing the will of the emperor.


Article 4.

The Emperor may delegate the performance of his acts in matters of state.


Article 5.

- removed -


Article 6.
The Emperor shall appoint or dismiss the Governors of the Provinces.


Article 7.
The Emperor, with the advice of the Cabinet, shall perform the following acts in matters of state on behalf of the people:
a) Promulgation of amendments of the constitution, laws, cabinet orders and treaties.
b) Convocation of the Seanad.
c) Dissolution of the Imperial Yuan.
d) Proclamation of general election of members of the Imperial Yuan.
e) Attestation of the appointment and dismissal of Ministers of State and other officials as provided for by law, and of full powers and credentials of Ambassadors and Ministers, with approval of the Yuan and on behalf of the Diwang.
f) Attestation of general and special amnesty, commutation of punishment, reprieve, and restoration of rights.
g) Awarding of civil and military honors, peerage and noble titles.
h) Attestation of instruments of ratification and other diplomatic documents as provided for by law.
i) Receiving foreign ambassadors and ministers.
j) Performance of ceremonial functions.
k) veto laws, decrees and amendments to the constitution


Article 8.
No property can be given to, or received by, the Imperial House, nor can any gifts be made therefrom, without the authorization of the Emperor.



CHAPTER II - RIGHTS AND DUTIES OF THE PEOPLE


Article 9.
The conditions necessary for being a Jingdaoese national are the following:
a) One must be born on Jingdaoese territory.
b) One must be born from a mother of father with Jingdaoese citizenship who has not been convicted for a crime within Jingdaoese borders for which he or she lost his / her citizenship.
c) One must not have lost his / her citizenship.
d) being approved by the Secretariat of Immigration.


Article 10.
The freedoms and rights guaranteed to the people by this Constitution shall be maintained by the constant endeavor of the people, who shall refrain from any abuse of these freedoms and rights and shall always be responsible for utilizing them for the public welfare.


Article 11.
All of the people shall be respected as people. Their right to life, liberty, and the pursuit of happiness shall, to the extent that it does not interfere with the public welfare, be the supreme consideration in legislation and in other governmental affairs.


Article 12.
a) The free people have the inalienable right to choose their public officials and to dismiss them.
b) All public officials are servants of the whole community and not of any group thereof.
c) Universal adult suffrage, of free people, is guaranteed with regard to the election of public officials.


Article 13.
Every free person shall have the right of peaceful petition for the redress of damage, for the removal of public officials, for the enactment, repeal or amendment of laws, ordinances or regulations and for other matters.


Article 14.
Every free person may sue for redress as provided by law from the State or a public entity, in case he has suffered damage through illegal act of any public official.


Article 15.
No free person shall be held in bondage of any kind. Involuntary servitude, except as punishment for crime, is prohibited.


Article 16.
a) A certain degree of freedom of religion is guaranteed to all. No religious organization shall receive any privileges from the State, with exception of the Tianchaodao (Way of the Empire).
b) No person shall be compelled to take part in any religious act, celebration, rite or practice.


Article 17.
Freedom of assembly and association as well as speech, press and all other forms of expression are guaranteed.


Article 18.
a) All people shall have the right and the obligation to work.
b) Standards for wages, hours, rest and other working conditions shall be fixed by law.


Article 19.
The right of workers to organize and to bargain and act collectively is guaranteed. The State shall provide a national labour union which will represent the working class.


Article 20.
a) The people shall be liable to taxation as provided by law.
b) The people are responsible for the security of the State. Therefore, their commitment to the security forces and industry which supports them, is a necessity.


CHAPTER III - THE NATIONAL DIET

Article 21.
a) The National Diet shall be an organ of state power, and shall be the responsible for making law that further specifies the guidance of the emperor.
b) No law that contradicts the current and actual will of the emperor shall be considered valid.


Article 22.
The Diet shall consist of two Houses, namely the Seanad and the Imperial Yuan.


Article 23.
a) Both Houses shall consist of representatives of all the people.
b) The number of the members of the Seanad is fifteen: fourteen representing each Province + the Emperor as chairman.
c) The number of the members of the Yuan is fifty-four: one for each District.


Article 24.
a) The Members of the Seanad are Governors, appointed by the Emperor. The Emperor himself
b) The Members of the Yuan are elected by the people.


Article 25.
The term of office of members of the Imperial Yuan shall be three months. However, the term shall be terminated before the full term is up in case the Imperial Yuan is dissolved.


Article 26.
The term of office of members of the Seanad is not fixed. The Governors, however, are reconfirmed in their position every time a new Emperor ascends the Throne.


Article 27.
An ordinary session of the Diet shall be convoked when a new Emperor ascends the Throne.


Article 28.
The Cabinet may determine to convoke extraordinary sessions of the Diet. When a quarter or more of the total members of either House makes the demand, the Cabinet must determine on such convocation.


Article 29.
a) When the Imperial Yuan is dissolved, there must be a general election of members of the Imperial Yuan within seven days from the date of dissolution.
b) The Cabinet may in time of national emergency convoke the Seanad in emergency session to let it act as temporary Imperial Yuan.
c) Measures taken at such session as mentioned in the proviso of the preceding paragraph shall be provisional and shall become null and void unless agreed to by the Imperial Yuans within a period of ten days after the opening of the next session of the Imperial Yuan.


Article 30.
Each representative in the Imperial Yuan must be a representative of a political party.


Article 31.
Deliberation in each House shall be public. However, a secret meeting may be held where a majority of two-thirds or more of those members present passes a resolution therefore.


Article 32.
a) The Seanad is presided by the Emperor.
b) The Imperial Yuan shall select its own president and other officials.
c) Each House shall establish its rules pertaining to meetings, proceedings and internal discipline, and may punish members for disorderly conduct. However, in order to expel a member, a majority of two-thirds or more of those members present must pass a resolution thereon.


Article 33.
a) A bill becomes a law on passage by the Imperial Yuan, except as otherwise provided by the Constitution.
b) Changes to the claims with the MCS must be passed by the Imperial Yuan with a simple majority and signed into law. Only the emperor is able to represent Jingdao at the MCS.


Article 34.
The Diwang and other Ministers of State may, at any time, appear in either House for the purpose of speaking on bills, regardless of whether they are members of the House or not. They must appear when their presence is required in order to give answers or explanations.


Article 35.
The Seanad shall act as an advisory council to the Cabinet and Yuan. It shall have following tasks:
a) It can veto bills passed by the Imperial Yuan with a 2/3rd majority. The vote must be started within four days after passing the bill.
b) It can veto decrees passed by the Cabinet with a normal majority. The vote must be started within four days after passing the bill.
c) it acts as court whenever the need arises.
d) it can send law proposals to the Imperial Yuan.



CHAPTER IV - THE CABINET


Article 36.
Executive power shall be vested in the Cabinet. The formal name of the Cabinet is 'Grand Secretariat'.

Article 37.
a) The Cabinet shall consist of the Diwang, who shall be its head, and other Ministers of State.
b) The Cabinet, in the exercise of executive power, shall be collectively responsible to the Diet.


Article 38.
a) The Diwang shall be directly elected from among the population.
b) The Diwang is elected for a period of three months.
c) No election of the Diwang is necessary when the Yuan is disbanded. However, when the Diwang is seen unfit to rule by majority of both Houses, he shall be replaced by an individual who is appointed by the Emperor. This person will act as Diwang till the end of the term.

Article 39.
a) The Diwang shall appoint the Ministers of State. However, these Ministers must be approved by the Yuan.
b) The Prime Minister may remove the Ministers of State as he chooses.

Article 40.
If the Imperial Yuan passes a non-confidence resolution, or rejects a confidence resolution, the Cabinet shall resign en masse, unless the Yuan is dissolved within five days.


Article 41.
The Diwang, representing the Cabinet, submits bills, reports on general national affairs and foreign relations to the Diet and exercises control and supervision over various administrative branches.


Article 42.
The Cabinet, in addition to other general administrative functions, shall perform the following functions:
a) Administer the law faithfully; conduct affairs of state.
b) Manage foreign affairs.
c) Conclude treaties. However, it shall obtain prior or, depending on circumstances, subsequent approval of the Diet.
d) Administer the civil service, in accordance with standards established by law.
e) Prepare the budget, and present it to the Diet.
f) Enact cabinet orders which will become Imperial Decrees.
g) Decide on general amnesty, special amnesty, commutation of punishment, reprieve, and restoration of rights.


Article 43.
All laws and Decrees shall be signed by the Emperor or, in His absence, the Diwang.



CHAPTER V - JUDICIARY

Article 44.
a) The whole judicial power is vested in the Seanad and in such inferior courts as are established by law.
b) The Emperor shall act as Chief Judge.


Article 45.
a) Governors shall act as judge within their own territory.
b) For crimes committed in more than one Province, the Seanad shall appoint a judge from among their members.


Article 46.
a) All judges shall be independent in the exercise of their conscience and shall be bound only by this Constitution and the laws.
b) However, the well-being of the State and the People is of the utmost importance and must weigh heavily in the exercise of their duty.


CHAPTER VI - JURISDICTION AND AMENDMENTS

Article 47.
a) Amendments to this Constitution shall be initiated through a concurring vote of two-thirds or more of all the members of the Yuan.
b) Amendments when so ratified shall immediately be promulgated by the Emperor as an integral part of this Constitution.


Article 48.
This constitution is applicable to all Jingdaoese controlled lands.

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Jonas
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Re: Ending the liberal wishy-washy constitution (badao)

Post by Jonas »

I assume that the direct election of the Diwang shall be scrapped, since Chiang Shun has proven that an elected government only leads to an increase in civil disturbances?
Important characters:
Frederik Alfons des Vinandy-Paravel, King of Batavia
Joseph Bartholomeus des Vinandy-Windsor, Prince-Regent of Batavia
Jin San, Diwang of Jingdao, Duke of Kildare

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Raz
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Re: Ending the liberal wishy-washy constitution (badao)

Post by Raz »

That is a good point comrade.

Princess Yuling
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Re: Ending the liberal wishy-washy constitution (badao)

Post by Princess Yuling »

Honorable Members,

This proposal, made by my brother, is proof of His benevolent nature. But I fear this is not enough. Instead of trusting on the Heavenly Light whose wisdom would enlighten us all, we have allowed politicians to take control. Their misbehavior and corrupt attitude has brought our Empire no Eternal Peace, no better welfare and neither ended the rebellious behavior of certain, terrorist groups. It only made it worse!

Therefore, I propose a radical change:
1) The Yuan shall continue to exist, but its members shall be appointed by the Heavenly Light Himself. He will base Himself for these appointments on results of the local County elections.

2) The Diwang shall no longer be elected.

3) In the Seanad, the Governors will be joined by the four Wardens: the Warden of Kildare, the Warden of Batavia & the Fields, the Warden of Antya and the Warden of the Isles. They shall become the highest military commander within that region, to assure a more combined defense of the nation.

4) All, except for Jingdaoese and those who have received "Honorary Citizenship" will be allowed to join as candidate in elections, will have the right to join a party, will have the right to hold an important position in the government and its agencies. Those who do not accept Jingdaoese culture and power, must remain were they deserve to be: in the mud!


What do my honorable comrades have to say in response?

:kowtow:
Meiyo Emperor
Daughter of the Xianfa Emperor, Sister of the honorable Hai Emperor.
(Also known as Yuling, Second Princess)


"Honour the Divine Gods, Praise Our Grand Heavenly Light and Aid the Harmonious Empire this World desperately needs."

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Raz
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Re: Ending the liberal wishy-washy constitution (badao)

Post by Raz »

Sounds like a plan. :posh:

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Jonas
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Re: Ending the liberal wishy-washy constitution (badao)

Post by Jonas »

"May I amend the proposal of Wardens? Perhaps we could bring back the ancient titles of Thane?" :kowtow:
Important characters:
Frederik Alfons des Vinandy-Paravel, King of Batavia
Joseph Bartholomeus des Vinandy-Windsor, Prince-Regent of Batavia
Jin San, Diwang of Jingdao, Duke of Kildare

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Raz
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Re: Ending the liberal wishy-washy constitution (badao)

Post by Raz »

Are you a bit nostalgic?

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Jonas
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Re: Ending the liberal wishy-washy constitution (badao)

Post by Jonas »

Hai Emperor wrote:Are you a bit nostalgic?
One could say that ancient traditional titles could convince the local population of their importance and represent continuity. :sherlock:
Important characters:
Frederik Alfons des Vinandy-Paravel, King of Batavia
Joseph Bartholomeus des Vinandy-Windsor, Prince-Regent of Batavia
Jin San, Diwang of Jingdao, Duke of Kildare

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Raz
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Re: Ending the liberal wishy-washy constitution (badao)

Post by Raz »

:up2:

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