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Bill: ARCHIVE: Basic Law of Hulstria and Gao-Soto
Details
Submitted by[?]: HDV-Doumeitō
Status[?]: defeated
Votes: This bill is a resolution. It requires more yes votes than no votes. This bill will not pass any sooner than the deadline.
Voting deadline: August 4372
Description[?]:
| This archive contains the current consolidated text of the Basic Law of Hulstria and Gao-Soto, the constitutional provisions of which are recognised as a RP law. Passed November 4318: http://classic.particracy.net/viewbill.php?billid=549521 GRUNDGESETZ DER VEREINTE KAISERLICHE KRONLÄNDER HULSTERREICH UND GAO-SOTOS BASIC LAW OF THE UNITED IMPERIAL CROWNLANDS OF HULSTRIA AND GAO-SOTO IN THE NAME OF THE PEOPLE, BE IT HEREBY ENACTED by His Imperial and Most Illustrous Luthoran Majesty, Otto III, Kaiser of Hulstria, etc. etc., and His Imperial and Heavenly Majesty, Morihito, Mikado of Gao-Soto, etc. etc., with the advice and consent of the Provisional Imperial Diet, assembled at Numamura in the Year 4310, and by the authority of the same, as follows: IM NAHME DES VOLKES, ERLASSEN vom Seiner Kaiserliche und Durchleuchte Luthoranische Majestät, Otto III, Kaiser von Hulsterreich, etc. etc., und Seine Kaiserliche und Himmlische Majestät, Morihito, Mikado von Gao-Soot, etc. etc., durch und mit Rat und Zustimming des Vorläufige Reichstag, zu Numamura versammelt im Jahren 4310, und mit desgleichen Gewalt, wie folgt: REVISED 4318 by Act of the Provisional Imperial Diet assembled at Kien. Article I) the United Imperial Crownlands (1) the United Imperial Crownlands of Hulstria and Gao-Soto (hereonafter "Hulstria and Gao-Soto" or "the United Imperial Crownlands") is a liberal democratic Septembrist state; it shall be a Rechtsstaat; (2) Citizenship of the United Imperial Crownlands belongs to all those born in the Crownlands, to Crownlander parents or other cases according to the law, without distinction or discrimination; provision may be made by treaty for the recognition of the citizenship of Ostland-Touryou and the accordance of civil rights to Ostlander citizens resident in the United Imperial Crownlands; (3) Sovereignty belongs to the citizens of Hulstria and Gao-Soto and is exercised by the Crowns and the institutions of this Government on their behalf under this basic law; (4) the Empire of Hulstria, consisting of the Crownland of Hulstria, the Crownland of Budenlar and the Crownland of Kuratha, and the Empire of Gao-Soto, consisting of the Crownland of Hilgar and the Crownland and Free State of Mitrania shall comprise the territory of the state, indivisible and inseparable; (5) the Flag of the United Imperial Crownlands shall consist of three horizontal stripes, white, purple and green, with the combined Imperial Arms in the canton; (6) the Septembrist Hymn "Land of Our Fathers" shall be the National Anthem; (7) Hulsterreicher Dundorfisch, Kunikata and Hulstro-Mikun shall be the official languages of the state; Hulsterreicher Dundorfisch and Kunikata shall serve as the national languages of Hulstria and Gao-Soto, respectively; (8) Without prejudicing the freedom of religion, the Luthoran Church of Hulstria and the Kamist faith are recognised under this basic law for their ceremonial significance to the Empires of Hulstria and Gao-Soto, respectively; (9) The capitals of the United Imperial Crownlands shall be Kien and Miyako; the government of the United Imperial Crownlands shall have its seat at Kien unless circumstances require a temporary relocation; (10) The national motto shall be “Uniter ac Liber”, rendered in Hulstrian as “Vereint und Frei”; Article II) the Rights of Citizens and Residents (1) To all citizens and all those residing in the United Imperial Crownlands shall belong, without reservation, the right to be treated equally in equal circumstances; discrimination on the basis of religion, culture, ethnicity, gender or any grounds whatsoever shall be illegal; (2) All Crownlander citizens shall be equally eligible for appointment to public service; (3) The state guarantees the freedom of speech, of expression and of the printing press, pursuant to the law; (4) All Crownlander citizens shall have an equal right to elect the members of the representative bodies and to stand for election as a member of those bodies, subject to the limitations and exceptions prescribed by the law; (5) The state guarantees the freedom of religion; all those residing in the United Imperial Crownlands shall have the right to freely profess religion or belief either individually or in community with others, without prejudice to each person's responsibility under the law; (6) The state guarantees the right of association; in the interest of public order, the law may place reasonable restrictions on this right; (7) The state guarantees the right of assembly and demonstration, without prejudice to each person's responsibility under the law; in the interest of health, traffic or public order, the law may place reasonable restrictions on this right; (8) The state shall respect and protect the privacy of all residing in the United Imperial Crownlands; the law shall make further provision for the enforcement and reasonable restriction of this right; (9) The person of all those residing in the United Imperial Crownlands is inviolable, without prejudice to reasonable restrictions under the law; (10) Entry into a home against the will of the occupant shall be permitted only in the cases lied down by or pursuant to the law; (11) Expropriation may take place only in the public interest and on prior assurance of full compensation, in accordance with regulations laid down in law; (12) Other than in the cases laid down by or pursuant to the law, no one may be deprived of his liberty; where one's liberty is lawfully deprived, reasonable restrictions may be made on the exercise of the rights enumerated in this article; (13) No offence shall be punishable unless it was an offence under the law at the time it was committed; (14) No resident of the United Imperial Crownlands shall be prevented against his will from being heard by a court to which he is entitled to apply under the law; residents shall have the right to legal representation; Article III) the Crowns of Hulstria and Gao-Soto (1) In all national functions, the Kaiser of Hulstria and the Mikado of Gao-Soto shall be the symbolic head of the state in equal measure, and all oaths of national officials shall be to both of them, as determined by the law; they shall jointly symbolise the unity of the nation and its values; (2) The Imperial Throne of Hulstria shall be hereditary according to the writ on the line of succession to the Hulstrian throne as established by the Imperial Diet, and shall be rightfully vested in His Imperial and Most Illustrous Luthoran Majesty, Kaiser Otto III von Rothingren-Traugott-Okatori, and his lawful heirs and descendants; (3) The Phoenix Throne of Gao-Soto shall be hereditary according to the Imperial Household Law as regulated by the Imperial Diet, and shall be rightfully vested in the descendants of Emperor Okatori Kurosawa the Great, through the lineage of His Imperial and Heavenly Majesty, Emperor Morihito of Gao-Soto and his descendants belonging to the Imperial Kurosawa Clan of the Okatori phratry; (4) The Coronation of the Kaiser of Hulstria and the Enthronement of the Mikado of Gao-Soto shall take place according to the respective customs of these Empires, in the presence of the members of Their Imperial Majesties' Government, the Governor-General and the other Emperor; (5) In addition to the Oaths required by such customs, both Emperors shall swear the following Oaths at their acceptance of the Crown and again at their Coronation: "I solemnly swear to govern the Peoples of Hulstria and Gao-Soto according to their respective laws and customs, without prejudice to the interest of either Empire, ever in pursuit of the interest and unity of both Empires jointly." and "I solemnly swear to preserve, uphold and defend the Constitution of the United Imperial Crownlands of Hulstria and Gao-Soto, the rights, values and freedoms of their citizens, and the continuation of democratic government, according to law." (6) The law shall regulate the conditions of a regency for Emperors under the age of majority; regents shall swear the oaths required by Article III(5) before taking office; (7) The Crowns, jointly or individually, shall create nobles and award knightly orders on their personal initiative and on the advice of the Imperial Diet, the Staatsminister, the Governor-General or the governments of the Crownlands, for services to the nation; (8) The Kaiser of Hulstria shall act as ceremonial head of state to all Crownlands that under this basic law are part of the Empire of Hulstria; the Mikado of Gao-Soto shall act as ceremonial head of state to all Crownlands that under this basic law reside under the Empire of Gao-Soto; they shall be represented in each Crownland by an Imperial Commissioner appointed with the advice and consent of Their Imperial Majesties' Government and the countersignature of the Governor-General; (9) The Crowns shall, jointly, individually or represented by the Governor-General or a Minister, have the right to sign treaties on behalf of the United Imperial Crownlands, with the advice and consent of Their Imperial Majesties' Government; Article IV) the Governor-General (1) In political matters, the Crowns shall be represented and assisted by an elected Governor-General of the United Imperial Crownlands; (2) The Governor-General shall assist the holders of the Crowns in their national and international representative duties; (3) The Crowns are inviolable; the Governor-General shall owe political responsibility to the Imperial Diet for their conduct, jointly with Their Imperial Majesties' Ministers; (4) The Governor-General shall be elected in two rounds by universal suffrage and shall serve a term of like length to the Imperial Diet; the election of a new Imperial Diet after dissolution terminates the Governor-General's term; (5) The Governor-General shall, on behalf of the Crowns and upon the advice of the Staatsminister or a majority of the Imperial Diet, have the right to dissolve the Imperial Diet and issue writs of election for a new Imperial Diet; (6) The Governor-General shall countersign the appointments made to Their Imperial Majesties' Government upon the nomination of the Imperial Diet; Article V) the Political Process (1) Political parties shall participate in the formation of the political will of the people. They may be freely established. Their internal organisation must conform to democratic principles. They must publicly account for their assets and for the sources and use of their funds. (2) Parties that, by reason of their aims or the behaviour of their adherents, seek to undermine or abolish the free democratic basic order, to endanger the existence of the state or to compromise the rights of any ethnic group in the United Imperial Crownlands shall be unconstitutional. The Constitutional Court shall rule on the question of unconstitutionality. Article VI) The Imperial Assembly (1) Legislative power is vested in a bicameral Imperial Assembly (Reichsversammlung, Mikoku-Sokai, Rekusubasammalungu) consisting of the Imperial Diet and the Council of the Lands; (2) The Imperial Diet (Reichstag, Mikoku-Gikai, Rekusutagu) shall consist of the representatives of the people elected under the law by universal suffrage; it shall sit for 5 years until it stands dissolved by the Governor-General on behalf of the Crowns and upon the advice of a majority resolution of its members; (3) The right of initiative and of budget belongs solely to the Imperial Diet; (4) Ministers of Their Imperial Majesties' Government shall, individually and collectively, at all times maintain the confidence of the Imperial Diet; such confidence shall be demonstrated by a nomination resolution prior to their appointment; (5) Ministers of Their Imperial Majesties' Government shall render account of their actions to the Imperial Diet; they shall attend such debates as the Imperial Diet deems necessary to discharge this responsibility and shall from time to time answer questions on the policies of the government; (4) The Council of the Lands (Länderrat, Kanryou Hyogi-kai, Renzuratto) shall consist of the Governments of the Crownlands; the configuration of the membership of the Länderrat shall depend on the measure under discussion, at the discretion of the Crownland Governments; in principle, the responsible Minister at the Crownland level and/or the Minister-president shall represent a Crownland in the Länderrat; (5) The weight of votes in the Länderrat shall be readjusted from time to time to reflect population size; (6) It shall be the duty of Their Imperial Majesties' Government and the President of the Reichstag (in case of initiatives by private members) to lay before the Länderrat any proposed instruments of law; (7) In matters of shared jurisdiction between the National and Crownlands Governments, or of Crownland Government jurisdiction, the Länderrat shall have the power to return proposed instruments of law to the Reichstag with objection; (8) In all other matters, the Länderrat may deliberate on the proposed instruments and register its opinion, but its objections shall not have any impact on the force of law; (9) In matters of shared jurisdiction between the National and Crownlands Governments, or of Crownland Government jurisdiction, the representatives of the Crownlands in the Länderrat may ask questions of, or initiate debates with, Their Imperial Majesties' Government. (10) The Länderrat does not have the power to dismiss Their Imperial Majesties' Government or one of its Ministers, but it may register its objection to a Minister of Their Imperial Majesties' Government to the Reichstag, which shall then debate it. (11) Proposals of law shall not originate in the Länderrat; however, in matters of shared National-Crownlands jurisdiction, the representatives of any two Crownlands in the Länderrat may put an initiative on the agenda of the Reichstag. (12) No declaration of war shall be valid except with the consent of the Imperial Diet; (13) The Imperial Diet shall have the right to ratify treaties; Article VII) Their Imperial Majesties' Government (1) Executive and governmental power shall be exercised on behalf of the Crowns by Their Imperial Majesties' Government; (2) The Crowns shall designate, having heard the conclusions of the Governor-General arising out of his consultations with the Diet, from among the members of the Reichstag as Staatsminister to preside over the government the person who is best able to obtain the confidence of and enjoy fruitful cooperation with the Imperial Assembly; (3) The Crowns shall designate, with the advice and consent of the Staatsminister, Ministers and State Secretaries to serve in Their Imperial Majesties' Government; (4) No appointment shall come into effect without a demonstration of confidence from the Imperial Diet; (5) Each department shall be headed by a Minister, assisted if necessary by one or more State Secretaries; Ministers without portfolio may be appointed; (6) Their Imperial Majesties' Government shall be assisted in the administration and execution of their duties by a Civil Service based on the principles of merit and political independence; (7) The Staatsminister shall preside over regular meetings of the Cabinet consisting of all Ministers and State Secretaries; (8) The Staatsminister shall meet regularly with the Governor-General and the Crowns on the business of government; (9) Their Imperial Majesties' Government and any of its members shall serve solely while they enjoy the confidence of the Imperial Diet; they shall tender their immediate resignation to the Crowns where a loss of such confidence is certified; Article VIII) Of the judiciary (1) The judiciary shall be independent; judges shall serve for life or until their resignation; (2) There shall be a system of courts established by law; (3) The Constitutional Court (Verfassungsgericht; Bafasungsgerigutu) shall be the highest instance of appeal; (4) All citizens have the right of appeal and of representation in court. Article IX) the Crownlands (1) The Constitution guarantees the autonomy of the Crownlands and, where applicable, their Cantons and Gemeinden; (2) The Crownlands shall be autonomous in such matters as the law shall describe; their constitutional laws shall not contradict the provisions of this Basic Law; the law may make further provisions concerning their institutions; (3) The legislative powers of the Crownlands shall be vested in a legislative body referred to for the purposes of national law as the Crownland Diet (Landtag, Kanryou-gikai, Randutago) (4) The Crowns shall be represented in each Crownland by an Imperial Commissioner (Reichskommissar, [Kunikata], Raikusukomisaru ) appointed by the Imperial person upon the advice of the Governor-General; (5) The Imperial Commissioner shall appoint based on the confidence of the Crownland Diet for each Crownland a government consisting of a head of government referred to for the purposes of national law as a Minister-President and Crownland Ministers; (6) Each Crownland shall for the adjudication of its laws refer to the national system of courts established under the law; Article X) the Armed Forces (1) The Reichsbürgerwehr shall act as the Armed Forces of the United Imperial Crownlands; (2) Supreme command of the Reichsbürgerwehr shall be exercised by the Governor-General on behalf of the Crowns and with the advice and consent of Ther Imperial Majesties' Government; Article XI) Of amendments to this Constitution (1) The Imperial Constitution may be amended by a two-thirds majority of the Imperial Diet with the concurrence of the Council of the Lands; (2) Such amendments may be proposed by members of the Imperial Diet or the governments of two Crownlands. OOC Protocol 1. General This is a constitutional RP law, which according to section 22 of the game rules, requires a 2/3 majority in order to pass and will subsequently be enforced by Moderation. The only part of this RP law that is, strictly speaking, enforceable by Moderation is the restrictions placed on undemocratic and racist parties (a type of RP law explicitly allowed under Rule 22.4.1). In practice, this means that parties that you may not openly play a party: - Which seeks to abolish the democratic order or the state itself; - Which has a structure that is not internally democratic; - Which seeks to impose discriminatory laws on the basis of race; - Mind that this also applies when you very openly RP party members wishing to do this. We will request moderation to enforce the RP law only after notifying any parties that they are in violation. The name of the Head of State, Head of Government, and the legislative, as well as any symbols, are covered by game mechanics as constitutional variables. Changing these variables in game will be considered, for RP purposes, amendments to the present RP law. The name of the nation can also be changed according to regular rules (section 11 of the Game Rules), and such a change will similarly be RPd as an amendment to the present Constitution. This RP law also introduces further elements, which will be treated section by section below. Please note that in certain sections where variables are concerned, we will not resort to locking certain provisions. Most of these provisions are meant to fuel RP only. 2. Section 1 Ostlander citizenship may, by a later treaty, entail voting rights in the Crownlands. This operates similar to the real-life situation in Britain and Ireland, where Irish citizens can vote in Britain. Ostlander citizens resident in the Crownlands will be RPed to be part of normal mechanical election results, mostly for flavour purposes. 3. Section 2 The rights and freedoms enumerated here, as stated above, do not restrict variables, as the author of this bill frowns on treaty-locking. Players are requested, however, to accept that introducing unconstitutional proposals will be RPed as a very heavy thing, and not to move these to a vote before the RP has concluded. Please note that tinkering with racial segregation might incur a breach of the article on Parties. 4. Section 3 The Imperial House of Rothingren-Traugott-Okatori and the Kurosawa Clan are under the control of Martinulus or the person he transfers control to. Players are requested to cooperate with changes to the HoS title to reflect the accession of a new monarch unless the monarchy is abolished by constitutional amendment. 5. Section 4 The Governor-General is a relatively symbolic figure who is supposed in the framework of the constitution to be above the parties. This is not in any way enforceable or intended to prejudice RP using occasional deviations from this long-established convention. 6. Section 5 See above. 7. Section 6 a. Relating to the Imperial Diet i. A RP thread shall be set up representing a form of Question Period where Ministers shall answer questions. b. Relating to the Council of the Lands i. Mechanics come first. The Council of the Lands can only RP delay or objections. An example of use of this in previous RP was a RPed filibuster by Septembrists of a Communist attempt to reintroduce paramilitaries. This was RPed as delaying the law, but could not of course impact on its passage by the Diet. ii. The initiative by the Council of the Lands is a flavour option to introduce bills. iii. The Council of the Lands shall function similar to the German Bundesrat – Crownland Ministers shall be taken to attend. 8. Section 7 Players are requested not to propose Cabinet coalitions without talking with their proposed partners first. It is preferred the government has some sort of policy basis to further RP. The Staatsminister acts as Prime Minister and is the de facto head of the executive branch. Calls for early elections or new Cabinet proposals represent a motion of no confidence in the Government. The language of the Constitution is intended t orepresent the workings of the mechanics. 9. Section 8 The judiciary is not intended to be actively RPed, hence why the Constitutional Court provisions were left vague. It can be presumed the judiciary is independent of any political considerations. Actions of the Constitutional Court on political parties shall be represented by moderation enforcement; other Constitutional Court actions shall be RP-only by consent of the players or, if the players consent to delegate it, to a nationmaster. 10. Section 9 The Government of the Crownlands shall be simulated as follows: the allocation of seats in the Landtag will be based on the national election results; a player analysing the elections shall propose what this means for the formation of Crownland governments, with the final say being with individual players on what their parties do in each Crownland. Crownland governments may be RPed in the news thread. It shall be assumed that the largest party appoints a Minister-President unless parties with less seats would obviously form a different coalition. The appointment of Imperial Commissioners, usually elder statesmen, shall be in the background, with office-holders invented when necessary. The Imperial Commissioner is not intended to have a very political role, but rather like a Lt. Governor in a nation like Canada. 11. Section 10 The Reichsbürgerwehr, formerly a Septembrist militia, becomes the new Armed Forces. The control of the GG is mostly ceremonial, similar to provisions in parliamentary systems – in practice, the Minister of Defence shall be taken to be responsible for the RBW. 12. Section 11 This RP law may be amended only by a two-thirds majority, or by changing the appropriate variables (see 1 above). To keep a good overview of the current text of the Constitution, in addition to the required list of RP laws, a proposal shall be maintained by Martinulus with the current text of the Constitution including any amendments to the RP laws, until it is abrogated. The provisions about consent of the Länderrat only apply to non-variable changes in RP laws and shall be represented by the provisions of section 9, by the parties heading up the Crownland Governments. If no Crownland Governments are agreed upon, this part is considered nul land void. |
Proposals
Debate
These messages have been posted to debate on this bill:
| Date | 00:36:54, April 02, 2018 CET | From |  Moderation | To | Debating the ARCHIVE: Basic Law of Hulstria and Gao-Soto |
| Message | OOC: Archiving |
| Date | 20:04:04, May 10, 2019 CET | From |  Partei des Kaiserreichs | To | Debating the ARCHIVE: Basic Law of Hulstria and Gao-Soto |
| Message | Repealed http://classic.particracy.net/viewbill.php?billid=600167 |
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Voting
| Vote | Seats | |
| yes | Total Seats: 0 | |
| no | Total Seats: 0 | |
| abstain | Total Seats: 600 |
| Random fact: It usually takes up to an hour for election results to generate. During this time, the "Next Election" date is put forward a month, which is confusing. Do not worry! In a short time, the election result will generate and the "Next Election" date will then correct itself. |
| Random quote: "The Revolution needs to progress. We as humans need to evolve into higher beings through better moral virtues. And we can achieve that if we clean ourselves from the immoral. Those who go against the Revolution, go against human progress and must be freed in the most humane way possible. That is why we introduced the guillotine." - Maximus Robertson, former Davostani revolutionary |