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Bill: OOC - Basic Law of Greater Hulstria and Mikuni
Details
Submitted by[?]: Haruzuterēchisuku Refonpātī
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: March 4409
Description[?]:
| This document contains the consolidated version of the Basic Law of Greater Hulstria and Mikuni, including the original text and subsequent constitutional amendments to it. It governs a number of RP conventions in the country and, therefore, new and returning players are asked to read through it to familiarise themselves with the situation. Bill passed here: http://classic.particracy.net/viewbill.php?billid=563158 Amendments passed here: http://classic.particracy.net/viewbill.php?billid=563986 http://classic.particracy.net/viewbill.php?billid=564563 http://classic.particracy.net/viewbill.php?billid=564819 This contains numerous RPing provisions, most importantly: - the unification of Greater Hulstria and Mikuni under a single head of state - the institution of a Bundesrat-like upper house known as the Council of the Lands - a ban on racist and anti-democratic political parties - provisions for simulating various non-mechanical parts of the Basic Law, including local government ------ ***BASIC LAW OF THE IMPERIAL CROWNLANDS OF GREATER HULSTRIA AND MIKUNI*** IN THE NAME OF THE PEOPLE, BE IT HEREBY ENACTED by His Imperial and Most Illustrious Majesty, Karel Adorufu Wilhelm I von Yukio-Labsburg-Hofuman, Emperor of Greater Hulstria and Mikuni, etc. etc., with the advice and consent of the Imperial Diet, assembled at Kien in the Year 4369, and by the authority of the same, as follows: Article I) the Imperial Crownlands (1) the Imperial Crownlands of Greater Hulstria and Mikuni (hereonafter "Hulstria and Mikuni" or "the Imperial Crownlands") is a democratic state; it shall be a state-under-law or Rechsstaat; (2) Citizenship of the 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 Imperial Crownlands; (3) Sovereignty belongs to the citizens of Hulstria and Mikuni and is exercised by the Crown and the institutions of this Government on the Crown's behalf under this basic law; (4) The former Empire of Greater Hulstria, consisting of the Crownland of Hulstria, the Crownland of Budenlar and the Crownland of Kuratha, and the former Empire of Mikuni, consisting of the Crownland of Hilgar and the Crownland and Free State of Mitrania shall comprise the territory of the Imperial Crownlands state and by law are indivisible and inseparable; (5) The Flag of the Imperial Crownlands shall consist of three horizontal stripes, white, purple and green, with the combined Imperial Arms in the canton; (6) The Hymn "Land of Our Fathers" shall be the National Anthem; (7) Hulstro-Mikun, Hulsterreicher Dundorfisch and Kunikata are the official languages of the state; Hulstro-Mikun shall serve as the national language of the Imperial Crownlands. (8) Without prejudicing the freedom of religion, the Luthoran Church of Hulstria and the Kamist faith are recognised as dual state religions under this basic law for their ceremonial significance to Greater Hulstria and Mikuni, respectively; (9) The capital of the Imperial Crownlands shall be Labsburg; the government of the Imperial Crownlands shall have its seat at Labsburg unless circumstances require a temporary relocation; (10) The national motto shall be “Bārēnto hintā ēnemu Kaizāraiku”, translated into Luthorian as United Behind One Empire; Article II) the Rights of Citizens and Residents (1) To all citizens and all those residing in the 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 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 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 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 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 Crown of Greater Hulstria and Mikuni (1) In all national functions, the Emperor of Greater Hulstria and Mikuni shall be the symbolic head of the state, and all oaths of national officials shall be to that person, as determined by the law; the Emperor shall symbolise the unity of the nation and its values; (2) The Imperial Throne of Greater Hulstria and Mikuni shall be hereditary according to the writ on the line of succession to the throne as established and aproved by the Imperial Diet and shall be rightfully vested in His Imperial and Most Illustrious Majesty, Karel Adorufu Wilhelm I von Yukio-Labsburg-Hofuman, and his lawful heirs and descendants; (3) The Coronation of the Emperor of Greater Hulstria and Mikuni shall take place according to the customs of the Imperial Crownlands, in the presence of the members of The Imperial Government; (4) In addition to the Oaths required by such customs, the Emperor shall swear the following Oaths at the acceptance of the Crown and again at the Coronation: "I solemnly swear to govern the People of Greater Hulstria and Mikuni according to the laws and customs of the Crownlands, without prejudice to the interest of the Empire." and "I solemnly swear to preserve, uphold and defend the Constitution of the Imperial Crownlands of Greater Hulstria and Mikuni, the rights, values and freedoms of its citizens, and the continuation of democratic government, according to law." (5) 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(4) before taking office; (6) The Crown shall create nobles and award knightly orders on the Emperor's personal initiative and on the advice of the Imperial Diet, the Sutātsuminisutā (Head of Government) or the governments of the Crownlands, for services to the nation; (7) The Emperor of Greater Hulstria and Mikuni shall act as ceremonial head of state to all Crownlands that, under this basic law, form part of the nation. The Emperor shall be represented in each Crownland by an Imperial Lord (Lady) Provost who is the most senior noble within the Crownland (as designated within the Senior Nobility of the Imperial Crownlands Act 4373 - http://classic.particracy.net/viewbill.php?billid=563979), or by a representative appointed by the most senior noble in each Crownland; (8) The Crown shall have the right to sign treaties on behalf of the Imperial Crownlands, with the advice and consent of The Imperial Government; Article IV) 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 Imperial Crownlands shall be unconstitutional. The Constitutional Court shall rule on the question of unconstitutionality. Article V) The Imperial Assembly (1) Legislative power is vested in a bicameral Imperial Assembly (Rekusubasammalungu, Reichsversammlung, Mikoku-Sokai) consisting of the Imperial Diet and the Council of the Lands; (2) The Imperial Diet (Rekusutagu, Reichstag, Mikoku-Gikai) shall consist of the representatives of the people elected under the law by universal suffrage; it shall sit for up to six years until it stands dissolved on behalf of the Crown 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 The Imperial 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 The Imperial 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 (Renzuratto, Länderrat, Kanryou Hyogi-kai) shall consist of the Governments of the Crownlands; the configuration of the membership of the Renzuratto 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 Renzuratto; (5) The weight of votes in the Renzuratto shall be readjusted from time to time to reflect population size; (6) It shall be the duty of The Imperial Government and the President of the Rekusutagu (in case of initiatives by private members) to lay before the Renzuratto any proposed instruments of law; (7) In matters of shared jurisdiction between the National and Crownlands Governments, or of Crownland Government jurisdiction, the Renzuratto shall have the power to return proposed instruments of law to the Rekusutagu with objection; (8) In all other matters, the Renzuratto 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 Renzuratto may ask questions of, or initiate debates with, The Imperial Government. (10) The Renzuratto does not have the power to dismiss The Imperial Government or one of its Ministers, but it may register its objection to a Minister of The Imperial Government to the Rekusutagu, which shall then debate it. (11) Proposals of law shall not originate in the Renzurattot; however, in matters of shared National-Crownlands jurisdiction, the representatives of any two Crownlands in the Renzuratto may put an initiative on the agenda of the Rekusutagu. (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 VI) The Imperial Government (1) Executive and governmental power shall be exercised on behalf of the Crown by The Imperial Government; (2) The Crown shall designate, having consulted with the Diet, from among the members of the Rekusutagu as Sutātsuminisutā 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 Crown shall designate, with the advice and consent of the Sutātsuminisutā, Ministers and State Secretaries to serve in The Imperial 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) The Imperial 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 Sutātsuminisutā shall preside over regular meetings of the Cabinet consisting of all Ministers and State Secretaries; (8) The Sutātsuminisutā shall meet regularly with the Emperor on the business of government; (9) The Imperial 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 Crown where a loss of such confidence is certified; Article VII) 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 VIII) The Crownlands (1)The Constitution guarantees the autonomy of the Crownlands and, where applicable, their Cantons and other sub-districts; (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 (Randutago, Landtag, Kanryou-gikai); (4) The Emperor shall be represented in each Crownland by the most senior noble within the Crownland (as designated within the Senior Nobility of the Imperial Crownlands Act 4373 - http://classic.particracy.net/viewbill.php?billid=563979), or by a representative appointed by the most senior noble. This representative shall hold the title Imperial Lord (Lady) Provost. (5) The Imperial Provost 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 IX) The Kaisāritchi Sutorētokurafuto (1) The Kaisāritchi Sutorētokurafuto (Kaiserliche Streitkräfte) shall be the armed forces of the state; (2) The principal aim of the Kaisāritchi Sutorētokurafuto shall be the protection of the citizens and territory of the state; (3) The Kaisāritchi Sutorētokurafuto shall be used abroad in accordance with the strictures of international law and play a role in its promotion and protection when the Government, with the consent of the Imperial Diet, so orders it to; (4) The Kaisāritchi Sutorētokurafuto shall have as its motto "Fā Dasu Kaizāraiku Ando Dasu Bōruku" (For the Empire and the People); (5) The office of Commander-in-Chief of the Kaisāritchi Sutorētokurafuto shall be held by the Emperor, and be exercised with the advice and consent of The Imperial Government; (6) All members of the KS shall swear as follows: "I swear (under heaven/by Almighty God) that I bear true allegiance and faith to the Emperor of Greater Hulstria and Mikuni and to the Imperial Crownlands; that I shall defend with my whole efforts and my life the citizens and territory of the Imperial Crownlands and the constitutional order; and that I shall faithfully discharge the service of the nation which I am about to enter. (So help me God/this I swear under Heaven)." Alternatively, they may declare and affirm. (7) Operational control of the KS shall rest with the Chief of the Staff of the Kaisāritchi Sutorētokurafuto, commissioned to this post by the Emperor upon the recommendation of the Minister of Defence, with common consent of The Imperial Government; (8) The Ministry of Defence shall commission all further officers of the KS upon the recommendation of the Chief of the Staff and the KS High Command; (9) The Ministry of Defence holds political responsibility for the KS; (10) The law shall restrict the use of weaponry of mass destruction in accordance with the provisions of this bill and with international treaties; (11) The leadership of the KS shall be held by a High Command consisting of the Minister of Defence and the Chief of Staff and the Military Service Chiefs from the Army, Navy, and Air Force; the Minister of Defence shall serve as Chairperson, while the Chief of the Staff shall serve as Deputy Chairperson." Article X) 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 and Guidelines 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). In practice, this means 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. 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. 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. Section 3 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. Section 4 See general section on undemocratic and racist parties Section 5 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. Section 6 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 to represent the workings of the mechanics. Section 7 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. Section 8 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 fewer seats would obviously form a different coalition. The appointment of Imperial Provosts from amongst the prominent aristocracy helps to add more flavour to the ranks of the senior nobility. In effect, their roles are largely ceremonial, apolitical and for RP purposes. Section 9 The The Kaisāritchi Sutorētokurafuto is the Armed Forces of the Imperial Crownlands. The Emperor's role as Commander in Chief is mostly ceremonial, similar to provisions in parliamentary systems – in practice, the Minister of Defence shall be taken to be responsible for the KS. *** NB *** Credit to Martinulus who compiled the original basic law document, which I have edited to create this amended version.. |
Proposals
Debate
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| Vote | Seats | |
| yes | Total Seats: 0 | |
| no | Total Seats: 0 | |
| abstain |
Total Seats: 500 |
| Random fact: References to prominent real-life persons are not allowed. This includes references to philosophies featuring the name of a real-life person (eg. "Marxism", "Thatcherism", "Keynesianism"). |
| Random quote: "Democrats always assure us that deterrence will work, but when the time comes to deter, they're against it. " - Ann Coulter |