Drafting

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Malliki
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Drafting

Post by Malliki »

CONSTITUTION OF THE IMPERIAL REPUBLIC OF SHIREROTH

PREAMBLE
[Text]

Chapter I: General provisions

Article 1: Gender inclusiveness
For the purpose of legal documents, titles which linguistically imply a single gender are interpreted to mean both genders.

Article 2: Definition of imperial law
For the purposes of legal documents, the term "Imperial Law" is used to define all law created by the Kaiser, Landsraad, and Ministers.

Article 3: Constitutional supremacy
The Constitution of the Imperial Republic of Shireroth is the supreme law of the land, and any legislation or public action that contravenes the constitution is without legal effect.

Chapter II: The Kaiser

Article 4: Definition of the Kaisership
The Kaiser of Shireroth is the supreme ruler, and noble, of Shireroth.

Article 5: Kaiseral actions
i. The Kaiser exercises zir powers by passing Imperial Decrees.
ii. The Kaiser may make any Imperial Decree regarding the operation, functions and policy of Shireroth, as well as any actions zie deems fit.

Article 6: Executive powers
i. The executive power of the Imperial government is vested in the Kaiser.
ii. The Kaiser is responsible for executing the laws of Shireroth.
iii. The Kaiser shall appoint Ministers to assist zie in the execution of zir duties.
iv. The Kaiser is Commander-in-Chief of the armed forces of Shireroth. Zie is also Commander-in-Chief of subdivisional armed forces during wartime or national emergencies.
v. The Kaiser may appoint and remove any noble in Shireroth, within the restrictions in this constitution and Imperial law.

Article 7: Legislative powers
i. The legislative power of the Imperial government is vested separately in the Kaiser and the Landsraad.
ii. Imperial law created by the Kaiser is recorded in the Imperial Code of Law.
iii. The Kaiser is vested with the veto over any piece of legislation passed by the Landsraad.

Article 8: Judicial powers
i. The judicial power of the Imperial government is vested in the Kaiser.
ii. The Kaiser has final jurisdiction over criminal, civil and administrative cases involving two or more subdivisional governments, and appeals from the Imperial Judex.
iii. Further regulations regarding the judicial branch of the Imperial government shall be codified in the Imperial Code of Law.

Article 9: Emergency powers
i. The Kaiser may suspend this constitution for a period of no more than ten days, should the nation suffer from inactivity. During the suspension of the constitution, the Kaiser rules by decree.
ii. Inactivity is defined as one month with less than 5 posts in the Shirerithian forum from Shirerithian citizens.

Article 10: Heir to the Throne
i. The Kaiser must select a successor from among the citizens of Shireroth.
ii. The Throne passes to the selected successor, should the Kaiser die or abdicate the Throne.
iii. The succession to the Throne in other cases than those stated in ii. shall be codified in the Imperial Code of Law.

Article 11: Restrictions
i. The Kaiser shall not use zir veto on matters of procedure or internal decorum within the Landsraad, nor on matters concerning the revocation of an Imperial Decree, nor on matters of censure or removal of the Kaiser.

Article 12: The Steward
i. The Kaiser shall appoint a Steward to assist zie in the execution of zir duties.
ii. The Steward is vested with powers assigned to zie by the Kaiser.
iii. The Landsraad may elect a Steward at any time, subject to the approval of the Kaiser.
iv. If the Kaiser vacates the Throne without leaving an heir, the Throne shall pass to the Steward.
v. The Steward serves ex-officio as Praetor of the Landsraad.
vi. The Steward may be dismissed by the Kaiser, or a two-thirds majority of the Landsraad.

Chapter III: The Landsraad

Article 13: Powers of the Landsraad
i. The legislative power of the Imperial government is vested separately in the Kaiser and the Landsraad.
ii. The Landsraad consists of all citizens of Shireroth, excluding the Kaiser and anyone acting in zir stead.
iii. The Landsraad shall set its own rules of procedure and internal decorum, without outside interference.
iv. All permanent law created by the Landsraad shall be codified in the Imperial Code of Law. Treaties, resolutions and temporary measures shall be recorded in the Landsraad Hansard.

Article 14: Sessions of the Landsraad
i. The Kaiser may dismiss, and recall to session, the Landsraad.
ii. The Landsraad is called to session automatically, should the Kaiser die or abdicate the throne, or if there is neither a Kaiser nor a Steward.
iii. The Landsraad has the power to revoke any Imperial decree of the reigning Kaiser, by a unanimous vote of those present.
iv. The Landsraad has the power to remove the Kaiser from the throne, by a unanimous vote of those present.

Article 15: The Prætor
i. The Steward shall serve as Prætor of the Landsraad.
ii. The Prætor shall preside over the Landsraad as chairman. Zie shall call the Landsraad to order, tally votes, close votes, and generally manage and keep order within the Landsraad.
iii. The Prætor shall keep records of all bills and resolutions passed by the Landsraad.
iv. The Landsraad shall further specify the powers of the Prætor.

Chapter IV: The Arbiter

Article 16: Powers of the Arbiter
i. The Arbiter is vested with secondary judicial powers.
ii. The Arbiter is elected by the Landsraad. Inelligible for election are the Kaiser and Steward.
iii. The Arbiter heads the Imperial Judex.
iv. The precise operation and powers of the Judex and the Arbiter shall be specified by the Landsraad.

Article 17: Special powers of the Arbiter
i. The Arbiter shall overturn any act or resolution passed by the Landsraad, should said act or resolution be unconstitutional.
ii. The Arbiter shall overturn any order or decree of the Kaiser, should said order or decree be unconstitutional.

Chapter V: The subdivisions

Article 18: Subdivisions
i. Shireroth is divided into top-tier subdivisions, in accordance with law and established precedent.
ii. The top-tier subdivisions in existence at the passage of this constitution, shall be considered the top-tier subdivisions of Shireroth.
iii. Neither the Landsraad nor the Kaiser has any power over the number and territorial extent of the top-tier subdivisions.

Artile 19: The Adelsraad
i. To alter the number of top-tier subdivisions, any top-tier subdivisions may call into session a temporary Adelsraad, consisting of the ruler of each top-tier subdivision.
ii. A temporary Adelsraad is automatically called into session at the dissolution of a top-tier subdivision, to dispose of the unclaimed territory. It is also called into session at any time there is any territory within Shireroth that is not included in a top-tier subdivision.

Article 20: Local Autonomy

Section B: Local Autonomy
a. A Duchy may choose its own terms for itself and its subdivisions.
b. The Adelsraad may remove territory from a Duchy, or dissolve a Duchy by unanimous consent.
c. Duchies may make their own procedures for choosing Dukes. Should the Duchy have no such procedures, or should such procedures fail to install a Duke, the Kaiser shall appoint a Duke.
d. The Duchies shall have authority to regulate their subdivisions. However, anyone who has cause to show unjust treatment by a superior shall have the right to appeal to the Judex or the Kaiser.
Article VI: Amendments

Section A: Amending The Charter
a. The Kaiser may make amendments to this Charter at anytime, with the approval of the Prætor and Arbiter.
b. The Landsraad may make amendments to this charter by a 2/3rd majority at anytime, with the approval of the Kaiser and the Arbiter.
c. This charter may not be abolished, dissolved or revoked except as noted in Article I, Section B, subsection h. above.
d. All amendments to this Charter must be documented.
Malliki Tosha
Acting Xonuti of the Free State of Sanilla
Poluti Poki'i of Sanilla

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Mira Raynora Major
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Re: Drafting

Post by Mira Raynora Major »

Question...if the Kaiser has the power to veto any act of the Landsraad, then how can the latter censor or remove a Kaiser?
Mira Raynora the Elder
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Malliki
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Re: Drafting

Post by Malliki »

We can change that to any act of law. The text outside the quote is just copied from the Charter. It's the text inside the quote that is the draft.
Malliki Tosha
Acting Xonuti of the Free State of Sanilla
Poluti Poki'i of Sanilla

Malliki
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Joined: Fri Feb 04, 2011 5:43 am

Re: Drafting

Post by Malliki »

I call on the membership to help me with the drafting. Can't do it by myself you know.
Malliki Tosha
Acting Xonuti of the Free State of Sanilla
Poluti Poki'i of Sanilla

Monty
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Re: Drafting

Post by Monty »

Would you mind if I have a crack at the arrangement of the Draft? I think it could be improved with things being moved about and greater certainty in the clauses.
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Oh and Eli Naveh too, Chief of the Ashkenatzan Naval Staff.

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Malliki
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Re: Drafting

Post by Malliki »

Knock yourself out.
Malliki Tosha
Acting Xonuti of the Free State of Sanilla
Poluti Poki'i of Sanilla

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Mira Raynora Major
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Re: Drafting

Post by Mira Raynora Major »

I might have more time to help next week, provided I can access the internet while on holiday.
Mira Raynora the Elder
Queen of Lichbrook, Duchess of Brookshire
Lichgravine of Overdolor, Countess of Caverden and Woodshire
Cedrist Demi-Goddess of Undead and Regional Autonomy

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