Constitutional Review Committee

The meeting place for Senate Committees.

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Lord Erion
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Re: Constitutional Review Committee

Post by Lord Erion »

Outwith is a perfectly valid and correct term for the context required, especially as it replaces a rather wordier version. If there are any words for which further comprehension would be of assistance, there are dictionaries available. :)

If there are insufficient people available to form county administrations, this allows the Senate to have provincial administrations instead. Or the Senate may choose to have provinces for another reason. Or not at all. But this at least gives it the choice.
His Imperial Highness Erion of Waffel-Paine,
Prince of Natopia, Prince of Arboria, Duke of New Aquitane, and of the Punkrock Isles, Count of Nerklaa, Count of Augustus, Lord am Baat, Baron Mirkdale, Representative in Frenzy for Arboria, Knight of the Order of the Black Hole, Awardee of the Regent's Medal, MNN.

Elijah Ayreon
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Re: Constitutional Review Committee

Post by Elijah Ayreon »

Given the Senate's and the international community's opposition the word "outwith", I move that the relevant section receive the wording:
58. Should the Union find itself involved in an external conflict or exposed to the danger of such, the Prince or the President of the Senate may convene the Senate via special notice elsewhere than in the capital.
Also, about the War Chapter. Erion's amendments changed the wording from "war" to "external conflict". What if there is a civil war? :Court:
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Ric.

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Lord Erion
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Re: Constitutional Review Committee

Post by Lord Erion »

What if there isn't?
And what on earth has the "international" community got to do with our constitutional review??
His Imperial Highness Erion of Waffel-Paine,
Prince of Natopia, Prince of Arboria, Duke of New Aquitane, and of the Punkrock Isles, Count of Nerklaa, Count of Augustus, Lord am Baat, Baron Mirkdale, Representative in Frenzy for Arboria, Knight of the Order of the Black Hole, Awardee of the Regent's Medal, MNN.

Allot
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Re: Constitutional Review Committee

Post by Allot »

I have no problem with outwith, I just thought it was a typo.
H.S.H. Aaden Allot
Prince of Elwynn
Senator for Araxion | Chancellor of the People's Academy

Elijah Ayreon
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Re: Constitutional Review Committee

Post by Elijah Ayreon »

The "international community" was a joke, Erion =p

I think there should be some kind of mention of anarchy, disorder and civil strive in Elwynn too. With the break-up of Amokolia likely, you know...
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Lord Erion
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Re: Constitutional Review Committee

Post by Lord Erion »

If you really want to mention anarchy, disorder and civil strive, then feel free to do so. :)
His Imperial Highness Erion of Waffel-Paine,
Prince of Natopia, Prince of Arboria, Duke of New Aquitane, and of the Punkrock Isles, Count of Nerklaa, Count of Augustus, Lord am Baat, Baron Mirkdale, Representative in Frenzy for Arboria, Knight of the Order of the Black Hole, Awardee of the Regent's Medal, MNN.

Emir of Raspur

Re: Constitutional Review Committee

Post by Emir of Raspur »

With the break-up of Amokolia likely, you know...
Senators,

I regret that his Serenity appears to have had cause to utter that remark whilst labouring under a misapprehension. There is no discord in Amokolia nor any disharmony in the relationship between that territory and the Union. Our nations remain as brothers united in common purpose. Indeed the fraternal measures being put forward by the Senate demonstrate the benevolent interest of the Union in securing peace and prosperity for Amokolia over the long haul.

I would hope and earnestly pray that His Serenity might graciously consent to withdraw his remark on the subject.

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Re: Constitutional Review Committee

Post by Elijah Ayreon »

Naturally, I withdraw that remark. I was speaking without factual background, I spoke my frustration of the recent developments in the western territory.

I apologize to this esteemed assembly.
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Re: Constitutional Review Committee

Post by Lord Erion »

A further draft after those amendments, with additional amendments to articles 13, 15, 16 and 31.
CHARTER OF ELWYNN

CHAPTER I
The Establishment of the Elwynnese Union


1. The Elwynnese Nation establishes a free, sovereign and independent body-politic under the name of Elwynn or the Elwynnese Union.

2. The Elwynnese Union is the direct successor of the Union of Elwynn, Amokolia and Hurmu, of the Union of Elwynn and Hurmu, of the Elwynnese Realm, the Elwynn Free State and the feudal Duchy of Elwynn.

3. The Elwynnese Nation will forever strive for uniting its People under one rule of peace, sovereignty and self-determination.

4. Each and every such man, woman or child sharing affinity or bonds of blood, friendship or law, with the Elwynnese Nation, the Lands of the River Elwynn, or with the values of Elwynn, has the divine right of and claim to membership in the Elwynnese Nation, in accordance with law.

CHAPTER II
The Jurisdiction of the Union


5. The law, administration and jurisdiction of the Union extend to the whole of its territory under effective control of its Government, including Amokolia, Hurmu and Tirlar.

6. The Union consists of counties and union territories.

7. The common law of the Union shall remain intact in as much it conforms to the present Charter.

8. This Charter is the constitution of the Union and shall remain the supreme law of the land. All things repugnant to it are null and void.

CHAPTER III
Counties and Provinces of the Union


9. The Senate determines the number of the counties and provinces and their borders. The Senate may delegate legislative, executive and/or judicial responsibilities to county or provincial administrations as appropriate.

10. County and provincial administrations are tasked with upholding Union law in the county, providing schooling and health care and maintaining the peace, liberty and security of their inhabitants.

11. Each county and provincial administration is headed by a county or provincial governor, who is appointed by the Prince.

CHAPTER IV
Union Territories


12. Amokolia, Hurmu and Tirlar are each a union territory.

13. The Senate may admit new union territories and dissolve union territories, subject to any conditions of treaty. Upon dissolution, a union territory shall become an independent sovereign entity.

14. Union territories have autonomy in all areas of government except for affairs delegated to the Union. Defence, justice and foreign affairs are automatically delegated to the Union.

15. Union territories have the right to act on their right to self-determination in seeking renegotiation of their statuses as well as being recognized by the Union as independent sovereign entities.

16. A Union territory may be designated as a Barony, either by self-determination or by mutual agreement with the Union. A territory so designated shall have the right to establish an administrative, ceremonial, executive, or political office of Baron.

CHAPTER V
The Rights and Freedoms of the People


17. All persons are born equally free and independent, and have unalienable rights, among which are the enjoyment and defence of life and liberty and pursuing and obtaining happiness and safety.

18. No person in the Union, whether born in the country or brought over from across seas or borders, or any person in the Union's protection, may be held, either by law, tradition or other force, to serve any person or entity whatsoever as a slave or labourer, unless bound by the affected person's own clear, objective and continuous consent or by a conviction from an impartial court of law for an act that is an offence under codifed or common law in the Union. No person may, under the same provisions, have his or her freedom, independence or liberty suspended or terminated.

19. No person may be condemned to death. The right to life of a person is inviolable.

20. No person may be subjected to any torture, whether it be corporal or psychological, or to any degrading treatment under any circumstances, for all persons own the right to security of person.

21. Having throughout history longed to know the unknown, all persons enjoy the freedom and right to engage in scientific research, educational activities, all according to law and constitution, and the peaceful practice of religion. No entity of the Union, the media, nor any individual, nor any group of people or entity may compel a person to adhere to any religion, nor to any religious or irreligious beliefs and practices.

22. All persons, being equal to one and another, have the freedom of conscience. They may believe what they will and express such views in a peaceful and considerate manner and not to express them at all. No entity of the Union, nor any other entity, individual or power, may compel a person to reveal his or her feelings on a matter, whether it be politics, religion or personal. Courts of law may, however, compel persons to reveal facts that are relevant to a case in question.

23. Everyone within the Union has right to, without having to purchase it, recourse to the laws for all injuries and wrongs that he or she may have received in person, property or character. The individual enjoys freedom to obtain right and justice freely in conformity with law.

24. Whenever a person is accused or charged in accordance with law with an offence, the person has the right to be presumed innocent until he or she is proved guilty according to law in a trial that is public and impartial.

25. All persons, who by free will reside in the Union, have the freedom of movement in the Union, to choose their own place of residence within the Union, subject to the respect of law, and to emigrate to a foreign country that will receive them.

26. Whenever any form of government instituted among the People of the Union becomes so destructive that it refuses to, or is unable to, respect the rights and freedoms afforded the People whom it serves, it is not only the right of the same People, but duty, to alter or abolish the government and to institute a new institutions and systems of rule, respecting the rights and freedoms as through this chapter dictated.

27. The government of the Union is instituted for the advancement, protection and security of the people of the Union and not, under any circumstances, the particular advantage of any single individual, set of persons, family, or entity, whether within or without the Union.

28. No entity of the Union may favour or disfavour any individual, set of persons, family, entity or group of entities, because of their views, whether political, irreligious or religious, because of their sex, nationality, colour, creed, ethnicity, cultural or social heritage or status, economical status, partner or partners in love (whether the love between hearts or the love between bodies), or because of any other reason that may be related to that which is listed here, for all, without exceptions, are equal before the law, are afforded the equal protection of the law, and enjoy the same obligations under the law.

CHAPTER VI
The Senate of Elwynn


29. The legislative powers of the Union are entrusted to the Senate.

30. The Senate elects its members, known as senators, in a manner established by its Rules.

31. The President, elected by the Senate from its own membership, presides over the Senate. The term of office of the President shall be no longer than three calendar months. He or she shall not vote in any division unless there is a tie.

32. Senators shall not be held liable outside the Senate for any speeches, debates or votes cast in the Senate.

33. The Senate shall normally meet in public. If the Senate so resolves, it may meet in private, provided that all measures passed by it are immediately released, and that within six calendar months the full records must be released to the public.

34. The Senate decides its own rules of procedure and election.

35. The Senate may conduct investigations in relation to government and may demand the presence and testimony of witnesses and the production of records.

36. The Senate shall safeguard the liberties, rights and freedoms of the People.

37. The Senate makes law for the peace, order and good government. As such the Acts of Senate compliment the common law of the Union.

38. The Senate declares war and makes peace.

39. The Senate establishes the budget of the Union Government and is authorized to make law on taxation.

40. The Senate defines the borders of the counties and the union territories and integrates new lands to the Union.

41. The Senate is authorized to surrender sovereign land to foreign powers, provided that a two-thirds' majority of the Senate with the concurrence of the Prince agrees to such surrender.

42. The Senate makes law for the commerce between the counties or union territories, or between the Union and a foreign power.

43. The Senate shall make law on all other matters incidental to the execution of any power under this Charter, the Senate, the Prince or the courts of law.

CHAPTER VII
The Prince of Elwynn


44. The executive powers of the Union are entrusted to the Prince who exercises them with advice of his Councillors.

45. The Prince has the power of decree in matters of military affairs, policiary affairs, foreign affairs, communications, census and statistics, immigration, border security, energy, asylum, naturalization of foreigners or in other matters delegated to him by the Senate. These powers may be delegated by the Prince to departments and must be so delegated before planned periods of leave if no Steward has been appointed.

46. The Prince has the power to appoint Councillors to the Council of Eliria. Councillors may serve as general advisors, and may be appointed to ministerial roles. Councillors shall have the power to manage their own departments, create their own sub-departments, and appoint their own staff as required. When the Councillors act in the Prince's name, they do so as the Court of the Prince.

47 Every three months the Prince shall enumerate the total number of nationals and residents in the Union and shall record their names and places of domicile. The Court of the Prince may also record other statistics as it deems necessary. No one shall be compelled to provide information of the latter kind.

48. The Prince shall be elected by the Senate by a plurality vote of the Senators present during a 72-hour period. Should there be a tie, the President of the Senate shall have the casting vote.

49. The Prince shall assume office by taking the solemn affirmation of office in the presence of the Senate: I, NN, having been elected Prince of Elwynn, solemnly affirm and promise that I shall be faithful to the Elwynnese Nation and the Charter of Elwynn. I shall at all times do nothing that to me shall seem to be injurious to the People of Elwynn, their rights and freedoms, and the Charter.

49. The term of office of the Prince shall be no longer than three calendar months. No Prince may serve more than two consecutive terms.

50. The Prince shall be deemed to have been removed from the office upon death, resignation from office, removal from office by the Senate or failure to assume office within three days from election.

51. The Prince may be removed from office by the Senate, following the passage of a motion of impeachment. Impeachment requires a two-thirds (2/3) majority in the Senate.

52. If no Steward is appointed, and the Prince is on announced leave of absence or has been unaccounted for for ten days, the Senate has the authority to elect one.

CHAPTER VIII
The Elwynnese Court of Justice


53. The Court of Justice interprets the present Charter and determines the level of adherence of laws and other measures to the Charter.

54. The Court of Justice hears cases arising under the Charter.

55. The Court of Justice consists of its president, known as the High Commissioner of Justice, and any number of judges, known as commissioners of justice, decided on by the Senate.

56. The High Commissioner of Justice and the commissioners of justice are appointed by the Senate but may not be removed from office other than through their resignation or impeachment in the Senate. Impeachment requires a two-thirds (2/3) majority in the Senate.

57. Except as otherwise provided by law, the Court of Justice shall be vested with rule-making power under which it determines the rules of practice and court procedure.

CHAPTER IX
In times of conflict


58. Should the Union find itself involved in an external conflict or exposed to the danger of such, the Prince or the President of the Senate may convene the Senate via special notice outwith the capital.

59. If the Union is involved in an external conflict, and consequently either the Prince or the Council of Eliria are prevented from carrying out their duties, the Senate may elect a temporary Council of Eliria or Steward as necessary.

60. If the Union is involved in an external conflict, the Prince may conclude a ceasefire agreement without seeking the approval of the Senate if deferment of such an agreement would imperil the Union.

61. Each public authority in occupied territory shall act in a manner that best serves the defence effort and resistance activities, as well as the protection of the civilan population and the Elwynnese interests at large. Under no circumstances may any public authority take any action which imposes a citizen of the Union the duty of rendering assistance to the occupying power. No elections may be held in occupied territory.

CHAPTER X
Final provisions


62. The present Charter repeals and replaces the Convention between Elwynn, Amokolia and Hurmu on the Government of their Union and the Basic Law of the Elwynn Free State.

63. All Senators under the previous Convention shall be deemed to remain original Senators under the present Charter.

64. All government officers, including that of the Prince and judges, under the previous Convention shall be deemed to continue holding their offices until otherwise signified by the present Charter.

65. The present Charter is amended by a vote of two-thirds’ majority of the Senators present during a 72-hour vote, provided that the Prince concurs with the amendments in a decree.
His Imperial Highness Erion of Waffel-Paine,
Prince of Natopia, Prince of Arboria, Duke of New Aquitane, and of the Punkrock Isles, Count of Nerklaa, Count of Augustus, Lord am Baat, Baron Mirkdale, Representative in Frenzy for Arboria, Knight of the Order of the Black Hole, Awardee of the Regent's Medal, MNN.

Elijah Ayreon
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Re: Constitutional Review Committee

Post by Elijah Ayreon »

We're getting somewhere!

Section 16 seems a bit superfluous. A union territory can already call itself what it wants (Amokolia as Republic), institute whatever government officers it wants (Amokolia has a premier, a Saenate, an Adeile; Hurmu has a Parlerment, etc). Singling out one alternative for what a union territory would might to call itself is a bit odd. If it really is unclear, I'd suggest an amendment to section 16 stating that a UT has all rights to call itself what it wants, have whatever officers it wants, and so on.

Regarding the last two chapters of the President's draft, I offer the amendment:
CHAPTER IX
In times of conflict or war


58. Should the Union find itself involved in an external conflict or war or exposed to the danger of such, the Prince or the President of the Senate may convene the Senate via special notice outwith the capital.

59. If the Union is involved in an external conflict or war , and consequently either the Prince or the Council of Eliria are prevented from carrying out their duties, the Senate may elect a temporary Council of Eliria or Steward as necessary.

60. If the Union is involved in an external conflict or war , the Prince may conclude a ceasefire agreement without seeking the approval of the Senate if deferment of such an agreement would imperil the Union.

61. Each public authority in occupied territory shall act in a manner that best serves the defence effort and resistance activities, as well as the protection of the civilan population and the Elwynnese interests at large. Under no circumstances may any public authority take any action which imposes a citizen of the Union the duty of rendering assistance to the occupying power. No elections may be held in occupied territory.

CHAPTER X
Final provisions


62. The present Charter repeals and replaces the Convention between Elwynn, Amokolia and Hurmu on the Government of their Union and the Basic Law of the Elwynn Free State.

63. All Senators under the previous Convention shall be deemed to remain original Senators under the present Charter.

64. All government officers, including that of the Prince and judges, under the previous Convention shall be deemed to continue holding their offices until otherwise signified by the present Charter.


63. 65. The present Charter is amended by a vote of two-thirds’ majority of the Senators present during a 72-hour vote, provided that the Prince concurs with the amendments in a decree.
Also, I don't know if you agree with this, fellow Senators, but I would like a note, either in each section amended or at the end of the body saying which sections have been amended and when.
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Ric.

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Re: Constitutional Review Committee

Post by Elijah Ayreon »

Regarding Chapter 9, I am concerned that restricting ourselves to "external conflict" only would hinder if some renegade county or province goes on declaring war on the rest of the Union. That would be an internal conflict. How do we manage the union if a county is under occupation of some kind of Elwynnese FARC?

Actually, I would change "external conflict" as in the President's draft back to the original unambiguous "war". But that would of course be to the Senate to decide.
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Lord Erion
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Re: Constitutional Review Committee

Post by Lord Erion »

In all honestly the Senate should be deciding this in committee, as this committee already comprises the entire Senate.

You can have conflicts that are undeclared wars, and conflicts that are not overtly warlike, but nevertheless are intended to achieve the equivalent aims of wars. Therefore wars are a subset of conflicts and therefore using conflicts allows a broader rather than a narrower scope.

As far as internal conflicts go, they are usually a means to an end, such as political change, self-determination or better communications. As such the Charter already establishes relevant systems and codes of conduct for such matters, so anything that you suggest might happen would probably, at the very least, be unconstitutional and in breach of common law rights.

However, other things can happen that are not conflict-related, so I will amend the section to be about contingencies, and applying to external conflicts, natural disasters and civil emergencies, thus:
CHAPTER IX
Contingencies

58. Should the Union find itself involved in an external conflict, natural disaster or civil emergency, or exposed to the danger of such, the Prince or the President of the Senate may convene the Senate via special notice outwith the Capital.

59. If the Union is involved in an external conflict, natural disaster or civil emergency, and consequently either the Prince or the Council of Eliria are prevented from carrying out their duties, the Senate may elect a temporary Council of Eliria or Steward as necessary.

60. If the Union is involved in an external conflict, natural disaster or civil emergency, the Prince may conclude a ceasefire agreement or arrange mitigating actions, as appropriate, without seeking the approval of the Senate, if deferment of such an agreement would otherwise imperil the Union.

61. Each public authority in occupied or otherwise compromised areas shall act in a manner that best serves defence efforts, or appropriate mitigating actions, as well as the protection of the population and the Elwynnese interests at large. In the event of an area being occupied by a foreign power, under no circumstances may any public authority take any action which imposes upon a citizen of the Union the duty of rendering assistance to such a power. Neither may elections may be held in such occupied areas.
His Imperial Highness Erion of Waffel-Paine,
Prince of Natopia, Prince of Arboria, Duke of New Aquitane, and of the Punkrock Isles, Count of Nerklaa, Count of Augustus, Lord am Baat, Baron Mirkdale, Representative in Frenzy for Arboria, Knight of the Order of the Black Hole, Awardee of the Regent's Medal, MNN.

Elijah Ayreon
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Re: Constitutional Review Committee

Post by Elijah Ayreon »

The Prince shall sign no cease-fire agreements with the volcanoes in Leng! Absolutely not!
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Lord Erion
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Re: Constitutional Review Committee

Post by Lord Erion »

The Prince might have to invoke some gods to send an ice-storm or something in such an instance.
His Imperial Highness Erion of Waffel-Paine,
Prince of Natopia, Prince of Arboria, Duke of New Aquitane, and of the Punkrock Isles, Count of Nerklaa, Count of Augustus, Lord am Baat, Baron Mirkdale, Representative in Frenzy for Arboria, Knight of the Order of the Black Hole, Awardee of the Regent's Medal, MNN.

Emir of Raspur

Re: Constitutional Review Committee

Post by Emir of Raspur »

CHAPTER IV
Union Territories


12. Amokolia, Hurmu and Tirlar are each a union territory.

13. The Senate may admit new union territories and dissolve union territories, subject to any conditions of treaty. Upon dissolution, a union territory shall become an independent sovereign entity.

14. Union territories have autonomy in all areas of government except for affairs delegated to the Union. Defence, justice and foreign affairs are automatically delegated to the Union.

15. Union territories have the right to act on their right to self-determination in seeking renegotiation of their statuses as well as being recognized by the Union as independent sovereign entities.

16. A Union territory may be designated as a Barony, either by self-determination or by mutual agreement with the Union. A territory so designated shall have the right to establish an administrative, ceremonial, executive, or political office of Baron.
Could we possibly avoid becoming the United Baronies by increments please? I really don't see the utility of article 16 since the internal workings of the Union Territories are exactly that - in Amokolia the Union Territory is notionally a republic, in Tirlar it can be self-administered as a barony. The State of Virginia is after all a Commonwealth. As such the ceremonial or otherwise office of Baron would not be of interest to the Union State nor merit inclusion in the Charter.

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Re: Constitutional Review Committee

Post by Lord Erion »

In the interests of Utility (another obscure God?), I may consider your suggestion.
In your reference to the Commonwealth of the State of Virginia, are you hinting that the Union should perhaps become a Commonwealth?
His Imperial Highness Erion of Waffel-Paine,
Prince of Natopia, Prince of Arboria, Duke of New Aquitane, and of the Punkrock Isles, Count of Nerklaa, Count of Augustus, Lord am Baat, Baron Mirkdale, Representative in Frenzy for Arboria, Knight of the Order of the Black Hole, Awardee of the Regent's Medal, MNN.

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Re: Constitutional Review Committee

Post by Allot »

When the hell did Baronies make it back into this thing? Nay, I say.
H.S.H. Aaden Allot
Prince of Elwynn
Senator for Araxion | Chancellor of the People's Academy

Emir of Raspur

Re: Constitutional Review Committee

Post by Emir of Raspur »

Lord Erion wrote:In the interests of Utility (another obscure God?), I may consider your suggestion.
In your reference to the Commonwealth of the State of Virginia, are you hinting that the Union should perhaps become a Commonwealth?
Thou maketh a jest yet I laugh not outwith.

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Lord Erion
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Re: Constitutional Review Committee

Post by Lord Erion »

Ok, here's the next draft with all your comments so far taken into account (and now including Normark as a territory). Does this committee wish to add anything or should it be presented to the Senate for voting?
CHARTER OF ELWYNN

CHAPTER I
The Establishment of the Elwynnese Union


1. The Elwynnese Nation establishes a free, sovereign and independent body-politic under the name of Elwynn or the Elwynnese Union.

2. The Elwynnese Union is the direct successor of the Union of Elwynn, Amokolia and Hurmu, of the Union of Elwynn and Hurmu, of the Elwynnese Realm, the Elwynn Free State and the feudal Duchy of Elwynn.

3. The Elwynnese Nation will forever strive for uniting its People under one rule of peace, sovereignty and self-determination.

4. Each and every such man, woman or child sharing affinity or bonds of blood, friendship or law, with the Elwynnese Nation, the Lands of the River Elwynn, or with the values of Elwynn, has the divine right of and claim to membership in the Elwynnese Nation, in accordance with law.

CHAPTER II
The Jurisdiction of the Union


5. The law, administration and jurisdiction of the Union extend to the whole of its territory under effective control of its Government, including Amokolia, Hurmu and Tirlar.

6. The Union consists of counties and union territories.

7. The common law of the Union shall remain intact in as much it conforms to the present Charter.

8. This Charter is the constitution of the Union and shall remain the supreme law of the land. All things repugnant to it are null and void.

CHAPTER III
Counties and Provinces of the Union


9. The Senate determines the number of the counties and provinces and their borders. The Senate may delegate legislative, executive and/or judicial responsibilities to county or provincial administrations as appropriate.

10. County and provincial administrations are tasked with upholding Union law in the county, providing schooling and health care and maintaining the peace, liberty and security of their inhabitants.

11. Each county and provincial administration is headed by a county or provincial governor, who is appointed by the Prince.

CHAPTER IV
Union Territories


12. Amokolia, Hurmu, Normark and Tirlar are each a union territory.

13. The Senate may admit new union territories and dissolve union territories, subject to any conditions of treaty. Upon dissolution, a union territory shall become an independent sovereign entity.

14. Union territories have autonomy in all areas of government except for affairs delegated to the Union.

15. Defence, justice and foreign affairs are automatically delegated to the Union.

16. Union territories have the right to act on their right to self-determination in seeking renegotiation of their statuses as well as being recognized by the Union as independent sovereign entities.

CHAPTER V
The Rights and Freedoms of the People


17. All persons are born equally free and independent, and have unalienable rights, among which are the enjoyment and defence of life and liberty and pursuing and obtaining happiness and safety.

18. No person in the Union, whether born in the country or brought over from across seas or borders, or any person in the Union's protection, may be held, either by law, tradition or other force, to serve any person or entity whatsoever as a slave or labourer, unless bound by the affected person's own clear, objective and continuous consent or by a conviction from an impartial court of law for an act that is an offence under codifed or common law in the Union. No person may, under the same provisions, have his or her freedom, independence or liberty suspended or terminated.

19. No person may be condemned to death. The right to life of a person is inviolable.

20. No person may be subjected to any torture, whether it be corporal or psychological, or to any degrading treatment under any circumstances, for all persons own the right to security of person.

21. Having throughout history longed to know the unknown, all persons enjoy the freedom and right to engage in scientific research, educational activities, all according to law and constitution, and the peaceful practice of religion. No entity of the Union, the media, nor any individual, nor any group of people or entity may compel a person to adhere to any religion, nor to any religious or irreligious beliefs and practices.

22. All persons, being equal to one and another, have the freedom of conscience. They may believe what they will and express such views in a peaceful and considerate manner and not to express them at all. No entity of the Union, nor any other entity, individual or power, may compel a person to reveal his or her feelings on a matter, whether it be politics, religion or personal. Courts of law may, however, compel persons to reveal facts that are relevant to a case in question.

23. Everyone within the Union has right to, without having to purchase it, recourse to the laws for all injuries and wrongs that he or she may have received in person, property or character. The individual enjoys freedom to obtain right and justice freely in conformity with law.

24. Whenever a person is accused or charged in accordance with law with an offence, the person has the right to be presumed innocent until he or she is proved guilty according to law in a trial that is public and impartial.

25. All persons, who by free will reside in the Union, have the freedom of movement in the Union, to choose their own place of residence within the Union, subject to the respect of law, and to emigrate to a foreign country that will receive them.

26. Whenever any form of government instituted among the People of the Union becomes so destructive that it refuses to, or is unable to, respect the rights and freedoms afforded the People whom it serves, it is not only the right of the same People, but duty, to alter or abolish the government and to institute a new institutions and systems of rule, respecting the rights and freedoms as through this chapter dictated.

27. The government of the Union is instituted for the advancement, protection and security of the people of the Union and not, under any circumstances, the particular advantage of any single individual, set of persons, family, or entity, whether within or without the Union.

28. No entity of the Union may favour or disfavour any individual, set of persons, family, entity or group of entities, because of their views, whether political, irreligious or religious, because of their sex, nationality, colour, creed, ethnicity, cultural or social heritage or status, economical status, partner or partners in love (whether the love between hearts or the love between bodies), or because of any other reason that may be related to that which is listed here, for all, without exceptions, are equal before the law, are afforded the equal protection of the law, and enjoy the same obligations under the law.

CHAPTER VI
The Senate of Elwynn


29. The legislative powers of the Union are entrusted to the Senate.

30. The Senate elects its members, known as senators, in a manner established by its Rules.

31. The President, elected by the Senate from its own membership, presides over the Senate. The term of office of the President shall be no longer than three calendar months. He or she shall not vote in any division unless there is a tie.

32. Senators shall not be held liable outside the Senate for any speeches, debates or votes cast in the Senate.

33. The Senate shall normally meet in public. If the Senate so resolves, it may meet in private, provided that all measures passed by it are immediately released, and that within six calendar months the full records must be released to the public.

34. The Senate decides its own rules of procedure and election.

35. The Senate may conduct investigations in relation to government and may demand the presence and testimony of witnesses and the production of records.

36. The Senate shall safeguard the liberties, rights and freedoms of the People.

37. The Senate makes law for the peace, order and good government. As such the Acts of Senate compliment the common law of the Union.

38. The Senate declares war and makes peace.

39. The Senate establishes the budget of the Union Government and is authorized to make law on taxation.

40. The Senate defines the borders of the counties and the union territories and integrates new lands to the Union.

41. The Senate is authorized to surrender sovereign land to foreign powers, provided that a two-thirds' majority of the Senate with the concurrence of the Prince agrees to such surrender.

42. The Senate makes law for the commerce between the counties or union territories, or between the Union and a foreign power.

43. The Senate shall make law on all other matters incidental to the execution of any power under this Charter, the Senate, the Prince or the courts of law.

CHAPTER VII
The Prince of Elwynn


44. The executive powers of the Union are entrusted to the Prince who exercises them with advice of his Councillors.

45. The Prince has the power of decree in matters of military affairs, policiary affairs, foreign affairs, communications, census and statistics, immigration, border security, energy, asylum, naturalization of foreigners or in other matters delegated to him by the Senate. These powers may be delegated by the Prince to departments and must be so delegated before planned periods of leave if no Steward has been appointed.

46. The Prince has the power to appoint Councillors to the Council of Eliria. Councillors may serve as general advisors, and may be appointed to ministerial roles. Councillors shall have the power to manage their own departments, create their own sub-departments, and appoint their own staff as required. When the Councillors act in the Prince's name, they do so as the Court of the Prince.

47 Every three months the Prince shall enumerate the total number of nationals and residents in the Union and shall record their names and places of domicile. The Court of the Prince may also record other statistics as it deems necessary. No one shall be compelled to provide information of the latter kind.

48. The Prince shall be elected by the Senate by a plurality vote of the Senators present during a 72-hour period. Should there be a tie, the President of the Senate shall have the casting vote.

49. The Prince shall assume office by taking the solemn affirmation of office in the presence of the Senate: I, NN, having been elected Prince of Elwynn, solemnly affirm and promise that I shall be faithful to the Elwynnese Nation and the Charter of Elwynn. I shall at all times do nothing that to me shall seem to be injurious to the People of Elwynn, their rights and freedoms, and the Charter.

49. The term of office of the Prince shall be no longer than three calendar months. No Prince may serve more than two consecutive terms.

50. The Prince shall be deemed to have been removed from the office upon death, resignation from office, removal from office by the Senate or failure to assume office within three days from election.

51. The Prince may be removed from office by the Senate, following the passage of a motion of impeachment. Impeachment requires a two-thirds (2/3) majority in the Senate.

52. If no Steward is appointed, and the Prince is on announced leave of absence or has been unaccounted for for ten days, the Senate has the authority to elect one.

CHAPTER VIII
The Elwynnese Court of Justice


53. The Court of Justice interprets the present Charter and determines the level of adherence of laws and other measures to the Charter.

54. The Court of Justice hears cases arising under the Charter.

55. The Court of Justice consists of its president, known as the High Commissioner of Justice, and any number of judges, known as commissioners of justice, decided on by the Senate.

56. The High Commissioner of Justice and the commissioners of justice are appointed by the Senate but may not be removed from office other than through their resignation or impeachment in the Senate. Impeachment requires a two-thirds (2/3) majority in the Senate.

57. Except as otherwise provided by law, the Court of Justice shall be vested with rule-making power under which it determines the rules of practice and court procedure.

CHAPTER IX
Contingencies


58. Should the Union find itself involved in an external conflict, natural disaster or civil emergency, or exposed to the danger of such, the Prince or the President of the Senate may convene the Senate via special notice outwith the Capital.

59. If the Union is involved in an external conflict, natural disaster or civil emergency, and consequently either the Prince or the Council of Eliria are prevented from carrying out their duties, the Senate may elect a temporary Council of Eliria or Steward as necessary.

60. If the Union is involved in an external conflict, natural disaster or civil emergency, the Prince may conclude a ceasefire agreement or arrange mitigating actions, as appropriate, without seeking the approval of the Senate, if deferment of such an agreement would otherwise imperil the Union.

61. Each public authority in occupied or otherwise compromised areas shall act in a manner that best serves defence efforts, or appropriate mitigating actions, as well as the protection of the population and the Elwynnese interests at large. In the event of an area being occupied by a foreign power, under no circumstances may any public authority take any action which imposes upon a citizen of the Union the duty of rendering assistance to such a power. Neither may elections may be held in such occupied areas.

CHAPTER X
Final provisions


62. The present Charter repeals and replaces the Convention between Elwynn, Amokolia and Hurmu on the Government of their Union and the Basic Law of the Elwynn Free State.

63. The present Charter is amended by a vote of two-thirds’ majority of the Senators present during a 72-hour vote, provided that the Prince concurs with the amendments in a decree.
His Imperial Highness Erion of Waffel-Paine,
Prince of Natopia, Prince of Arboria, Duke of New Aquitane, and of the Punkrock Isles, Count of Nerklaa, Count of Augustus, Lord am Baat, Baron Mirkdale, Representative in Frenzy for Arboria, Knight of the Order of the Black Hole, Awardee of the Regent's Medal, MNN.

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Lord Erion
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Re: Constitutional Review Committee

Post by Lord Erion »

As the committee members have made no further comments, the Charter, as reviewed by this Committee, will now be placed before the Senate.
His Imperial Highness Erion of Waffel-Paine,
Prince of Natopia, Prince of Arboria, Duke of New Aquitane, and of the Punkrock Isles, Count of Nerklaa, Count of Augustus, Lord am Baat, Baron Mirkdale, Representative in Frenzy for Arboria, Knight of the Order of the Black Hole, Awardee of the Regent's Medal, MNN.

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