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Bill: OOC/RP : The Holy Luthorian Constitution (PLEASE DO NOT REMOVE)

Details

Submitted by[?]: Conservative Party (Hardliners)

Status[?]: passed

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 5312

Description[?]:

The vote : http://classic.particracy.net/viewbill.php?billid=658306 , has been adopted with 201 votes.

CONSTITUTION OF THE HOLY LUTHORIAN EMPIRE

CHAPTER I
ON THE LUTHORIAN EMPIRE
1. The Holy Luthorian Empire is a democratic state subject to the rule of law and which recognize as its most highest values the principles of liberty, justice, equality, solidarity, tollerance and political pluralism.

2. National sovereignty is vested in the Luthorian people who exercise it in the forms and within the limits of the Constitution.

3. The political form of the Holy Luthorian Empire is that of a federal constitutional parliamentary monarchy. The federal state of the Luthorian Empire is made up of five Federal Duchies and three FAC or Federal Autonomous Cities. The recognized federal duchies are the duchies of Orange, Shipleyriding, Middenriding, Northriding and Erneshire, the FAC or Federal Autonomus Cities are composed of Fort-William, Northminster and Martwick, they are further sub-divisions which powers and competences shall be determined by the Federal Duchies in agreement with the Government, the autonomous cities, the latter in agreement with the respective Federal Duchy, can anytime determine their own name and official designation.

4. The Holy Luthorian Empire is a one and indivisible. It recognises and guarantees the right to autonomy of the federal duchies and of the regions of which they are composed, and the solidarity amongst them all.

5. Luthorian, is the official language of the State. All Luthorians have the duty to know it and the right to use it. The regional languages inside of our territory are part of the cultural heritage which shall be subject to special respect and protection.

6. The flag of the Holy Luthorian Empire is a white flag which has a red nordic cross (like RL Sweden), which has in the center the Coat of Arms of the Empire.
The autonomous duchies and the regions may recognise flags and ensigns as per their statutes. These shall be used together with the flag of Luthori on their public buildings and in their official ceremonies.

7. The Executive and Legislative Capital of the Holy Luthorian Empire is the city of Fort-William, hosting the Imperial seat and the seats of the executive and legislative power. The city of Middenhall is the Judiciary Capital, hosting the seat of the judiciary power. Federal duchies and FAC have their capital cities as per their statutes.

8. Any citizen of Luthori have the right to freely establish parties to contribute to determining national policies through democratic processes in the forms and within the limits of the Constitution and the law. Political parties are the expression of political pluralism, they contribute to the formation and expression of the will of the people and are a fundamental instrument for political participation. Their internal structure and operation must be democratic.

9. The Armed Forces have the mission to guarantee the sovereignty and the independence of the Holy Luthorian Empire, to defend its territorial integrity and the constitutional order. The basic structure of military organisation shall be regulated by the law in accordance with the principles of the Constitution.

CHAPTER II
THE EMPEROR
10. The Holy Luthorian Emperor is the Head of State and the symbol of its unity. He is the the perpetual Guardianship of Luthori, Protector and Guarantor of the Constitution and of its Values and Principles and Supreme Commander of the Armed Forces of Luthori. It assumes the highest representation of the Luthorian Empire in international relations. He may use other titles appertaining to the Crown.

11. The person of the Emperor is inviolable and shall not be held accountable. His acts shall always be countersigned by the Prime Minister and where appropriate by the competent ministers. Those countersigning the acts of the Emperor shall be liable for them. Without countersignature His acts shall not be valid except those related to appointments and dismisses of the civil and military members of the Imperial Household.

12. The Imperial Crown is hereditary in the direct, natural and legitimate descend by order of primogeniture of HMEIM Charles IX of Orange-Vilayn-Armestad, Holy Luthorian Emperor, legitimate heir of the Luthorian Imperial dynasty established with the ascension to the throne of the Third Luthorian Empire of Henry VI of the House of Orange-Vilayn-Armestead, decendant of the HMEIM Charles IX of Orange-Vilayn-Armestad, Holy Luthorian Emperor.

13. The Emperor has the right to be informed regarding affairs of State and, for this purpose, to preside over the meetings of the Council of Ministers whenever he deems opportune, at the request of the Prime Minister. The Emperor, with the advice and approval of the Council of Ministers, has the duty to perform the following acts in matters of state on behalf of the people:
Promulgation of amendments of the constitution, laws, Government orders and treaties.
Call of a referendum in the circumstances provided in the Constitution.
Convocation of the Parliament.
Dissolution of the Parliament.
Proclamation of general election of members of the Parliament.
Appointment of the Prime Minister as designated by the Chamber of Deputies.
Appointment and dismissal of Ministers and other members of the Government on the proposal of the Prime Minister.
Appointment of the crown-appointed judges of the Constitutional Court in accordance with the constitution and the law.
Express the State's assent to the entering into of international commitments through treaties in conformity with the Constitution and Law.
Declare war and make peace following authorization of the Parliament.
Attestation of full powers and credentials of Ambassadors and Ministers.
Attestation of general and special amnesty, commutation of punishment, reprieve, and restoration of rights.
Awarding of civil and military positions, honors and distinctions in conformity with the law.
Attestation of instruments of ratification and other diplomatic documents as provided for by law.
Receiving foreign ambassadors and ministers.
Performance of ceremonial functions.
Exercise the High Patronage of the Imperial Academies.

14. The first degree relatives of the Emperors and the children of the Heir to the Throne with Imperial titles and style, who performs official and unofficial engagement for the nation, are members of the Imperial Family. The others members of the House with or without titles and style form the Imperial House and their membership is listed freely by the Imperial Household. The official dynastic name of the Imperial House is Orange-Vilayn-Armestead. The surname Orange-Vilayn belonging to all the members of the House descenting them all by Empreror Charles IX of Luthori, is used by them if and when a surname is needed.

15. The Heir to the throne of the Holy Luthorian Empire, from the time of his birth or the event conferring this position upon him, holds the title of Imperial Grand Prince of the Crown and any other titles traditionally held by the heir to the Throne. The members of the Imperial Family bear the title of Imperial Grand Princes. The Imperial Grand Princes are members of the Imperial High Council when they reach the eighteenth (18) year. The others members of the Imperial House bears the title of Imperial Princes, Princes or other titles as freely accorded by the Imperial Household.

16. The Imperial Grand Princes with a right to succession to the Imperial Throne who marry against the express prohibition of the Emperor or, in the absence thereof, against the express prohibition of those exercising the Emperor's powers in the cases provided for by the Constitution, shall be excluded from succession to the Crown, as shall their descendants. However, if there is no offspring from this marriage and it comes to dissolve, the excluded person can regains his rights to the succession if Imperial High Council agreed to do so and there is no counter decision by part of the Government or the Parliament in joint session.

17. In case of the Emperor should decide to abdicate, an Act of Abdications shall be signed by the Emperor in front of three witnesses and countersigned by the Prime Minister after approval through special law by part of the Parliament in joint session. Renunciations and any doubt concerning a fact or the law that may arise in connection with the succession to the Imperial Throne shall be resolved by a special law.

18. In the absence of a natural and legitimate heir, the Emperor can designate as Heir to the Throne the sons or grandchildren of his siblings.

19. Should all rightful lines of succession become extinct, the Parliament in joint session shall provide for the succession to the Crown in the manner most suited to the interests of Istalia. A special law shall be adopted by the Parliament in joint session to chose and appoint a new Emperor and shall rules in his family the order of the inheritance. Until the appointment of the new Emperor the duty and dignity of the Emperor are managed by the Regency Council appointed in accordance with the Constitution.

20. The Emperor is a minor up to the age of eighteen (18) and during his younger age the Emperor's power are vested into a Regent of the Empire, who shall be of age and Luthorian by birth. The Emperor, if not under age, designates the Regent among the Imperial Princes and his Consort with consent of the Prime Minister and the Government and notice shall immediately transmitted to the Parliament. In the absence of designation by the Emperor, the Consort, the father or mother of the Emperor or, in default thereof, the relative who is nearest in succession to the Crown shall assume the office of Regent of the Empire.

21. If the Emperor becomes incapable of exercising his authority, and this incapacity is recognized by the Parliament in joint session, the Grand Prince of the Crown shall immediately assume the powers of the Regency if he is of age, if not the relative who is nearest in succession to the Crown shall assume the office.

22. The guardian of the Emperor during his minority shall be the person designated in the will fo the late Emperor, provided that he is of age and Luthorian by birth. If a guardian has not been designated, the father or the mother shall be the guardian, as long as he or she remains a widower or widow, as the case may be. In default therof, the guardian shall be appointed by the Parliament in joint session, but the offices of Regent and Guardian may not be held by the same person, except by the father, mother or direct ascendants of the Emperor. Exercise of the guardianship is incompatible with the holding of any office or political representation.

23. If there is no person entitled to assume the Regency or when the Parliament in joint session shall appoint a new Emperor, should all rightful lines of succession become extinct, a Regency Council shall be appointed by the Parliament in joint session and shall be composed of five person appointed as Regents of the Empire, one of them shall be the President of the Constitutional Court who preside over the Regency Council unless otherwise decided by the Parliament in joint session.

24. The Regency shall be exercised by constitutional mandate and always on behalf of the Emperor.

25. There is not vacant seat when an Emperor pass away or abdicate and the designed successor ascend to the throne immediatly as the Emperor is recognized death or the Emperor signs the Act of Abdication. The Emperor on being proclaimed before the Parliament in joint session, shall take oath to carry out his duties faithfully, to obey the Constitution and the law and ensure that they are obeyed by, and to respect the rights of citizens and the Autonomous Communities. The Crown Prince, on coming of age, and the Regent or the Regents of the Empire, on assuming office, shall take the same oath, as well as oath of loyalty to the Emperor.

26. The Imperial High Council is formed by the Emperor, who chairs the Council, the Grand Prince of the Crown, the Imperial Princes, the Emperor's Consort, the Emperor Emeritus, the Dowager Empress, the Widower Consort, the Archchancellor of the Empire, the Imperial Chancellor, and the Great Chamberlain.

27. The Imperial High Council is formed to deal with the most important affairs of the Imperial Family and of the Imperial Dignity. The Imperial High Council, besides the duties already mentioned, is tasked to authorize, or not, the Justice against a member of the Imperial Family in the case of criminal indictment. Other functions and responsabilities can be recognized to the Imperial High Council by the Emperor exclusively on the matters concerning the Imperial Family, the Imperial Household, the Imperial succession, and in general all these matters which don't affect the powers of the State and the political order and remain relegated to the private sphere of the Imperial Household.

30. The Great Chamberlain is the chief functionary of the Imperial Court, he handle the financial needs of the Imperial Court, he introduce to the Emperor foreign dignitaries in formal visit, he also keeps the Privy Imperial Seal and the State Imperial Seal.

31. The Archchancellor of the Empire, the Imperial Chancellor and the Great Chamberlain are appointed for life by the Emperor, irremovable if not after a decision taken by the Emperor himself, enjoy the same honors as the Imperial Princes and rank immediately after them.

32. The Emperor may grant Titles of Nobility to those who have distinguished themselves and worked hard for the benefit of the Imperial Crown, for the Institutions and for the Democratic Principles and Values of Luthori. The Titles of Nobility can be hereditary. The Emperor or his successors may revoke titles of nobility to the holders or to their heirs if the title is hereditary.

33. The Emperor may institute State Orders, with consent of the Government, and Dynastic Orders as part of a national honours system.

34. The Emperor receives an overall amount which shall be appropriated by the Parliament in the budget for the upkeep of His Family and the Imperial Household and distributes it freely.

CHAPTER III
THE IMPERIAL DIET OF THE HOLY LUTHORIAN EMPIRE
35. The Parliament of the Holy Luthorian Empire, hereinafter referred to as the Parliament, is the legislative body of the State. It consists of a lower House, called Imperial Diet, and an upper House, called Senate, which respective powers and competents are established by the Constitution. The Parliament exercises the legislative power of the State, approve its Budget, control Government action and hold all the other powers vested in it by the Constitution exercising them accordingly. The Parliament shares with the Government the right of legislative initiative.

36. The Imperial Diet shall represents the entire People of Luthori. The Senate shall represent the aristocracy, the five federal duchies and the three autonomous cities. The Imperial Diet shall consists of elected Deputies and the Senate shall consists of elected Senators. The number of members of each House shall be fixed by the law. Deputies and Councilors shall be elected by universal, free, equal, direct and secret suffrage, under the terms established by the law. All Luthorians who are entitled to the full exercise of their political rights are electors and eligible for election. No person shall be permitted to be a member of both House simultaneously. Membership in both Houses shall be incompatible with the following positions:
Member of the Constitutional Court.
Holder of State administrative offices.
Magistrate, Judges and Public Prosecutors when in office.
Professional soldiers and members of the Security and Police Forces and Corps on active duty.
Members of electoral commissions.
Membership in the Federal Council shall be incompatible with any position within the Government.

37. The Chamber of Deputies and the Federal Council are equally competent with respect to the following matters:
Constitutional laws and laws that amend the Constitution.
Laws approving treaties.
Laws affecting the Communities' budgetary revenue.
Laws affecting the administrative jurisdiction of the Communities.
Laws primarily dealing with the organization of communities and region.
Laws relating to the organizations of the courts.
Laws approving cooperation agreements between the State and the Communities.
Resolutions to declare war and make peace.
All other powers and competences recognized by the Constitution to the Parliament are exercised by the Imperial Diet.
The Senate has the right to ask within thirty (30) days the revision of any law by part of the Imperial Diet with a reasoned request and has the right to accompany it with suggestions and proposals for changes. The Diet has the duty to discuss the proposed revision by the Senate but is obliged to proceed with a second vote only if one fourth (1/4) of the members of the Assembly request it.

38. The term of each House shall be fixed by the law. The term of office of the Deputies and Senators ends at the natural expiration of the term of each House or on the day that the Parliament is dissolved. When the Parliament is dissolved, both the Houses shall be dissolved and there must be a general election within thirty (30) days from the date of dissolution.

39. Elections shall take place thirty (30) days after the end of the previous term of office. The Parliament so elected must be convened within thirty (30) days following the holding of elections. Electoral districts, method of voting and other matters pertaining to the method of election of Deputies and Councilors shall be fixed by the law. The electoral system of the Senators can be determined autonomously, jointly or separately, by the Duchies or Autonomous Cities, however, always respecting the provisions of the Constitution and the law.

40. Each House establishes its own rules pertaining to meetings, proceedings and internal discipline, it adopts its budget autonomously and regulate its personnel statutes. In each House the standing orders and any alteration thereof shall be subject in their entirety to a final vote, which shall require absolute majority.

41. Each House shall select its President and other officials. Election, powers and role of the Presidents shall be fixed by the law accordingly to the provisions of the Constitution. The President of each House exercise on behalf of the latter all administrative powers and disciplinary functions.

42. Each House shall meet annually at least for two ordinary sessions. The Houses may meet in extraordinary session at the request of the Government or of the absolute majority of members of each House. Extraordinary sessions must be convened with a specific agenda and shall be adjourned once has been dealt with. The Parliament shall convene the Houses in joint session in the cases provided by the Constitution.

43. Each House may delegate to Committees the approval of governmental or non-governmental bills. However, the Plenum of each House may at any time demand a debate and vote on any governmental or non-governmental bill which has been the object of this delegation. However, constitutional reform, international affairs, special and basic laws, the State Budget and other budgetary matters cannot be delegate.

44. Each House may conduct investigations in relation to government, and may demand the presence and testimony of witnesses, and the production of records. The Prime Minister and other Ministers may, at any time, appear in each House for the purpose of speaking on bills. They must appear when their presence is required in order to give answers or explanations.

45. Deliberation in Imperial Diet and Senate shall be public. However, in each House a secret meeting may be held where a majority of two-thirds or more of those members present passes a resolution therefor. Each House shall keep a record of proceedings. These records shall be published and given general circulation, excepting such parts of proceedings of secret session as may be deemed to require secrecy. In each House upon demand of one-fifth or more of the members present, votes of the members on any matter shall be recorded in the minutes.

46. Only the Imperial Diet may delegate to the Government the power to issue rules with the force of law on specific matter expect for constitutional laws, special laws, general electoral system and any other matters requiring equal competence for the Senate. Legislative delegation must be expressly granted to the Government for specific purposes and with a fixed time limit for its exercise.

CHAPTER IV
THE GOVERNMENT
47. Executive power shall be vested in the Prime Minister of the Holy Luthorian Empire, hereinafter referred to as Prime Minister, and the Council of Ministers of the Holy Luthorian Empire, hereinafter referred to as Council of Ministers. The Council of Ministers shall consist of the Prime Minister, who shall be its head, and other Ministers, as provided for by law. The Prime Minister and other Ministers must be civilians. The Council of Ministers, in the exercise of executive power, shall be collectively responsible to the Imperial Diet.

48. The Prime Minister shall be designated by a resolution of the Imperial Diet presented by the President of the Imperial Diet after consultation with the political forces into the Imperial Diet. The Emperor shall appoints the designated Prime Minister and Council of Ministers according to the resolution of the Imperial Diet. This designation shall precede all other business. The Prime Minister shall designate the Ministers of the Council of Ministers to be presented by the President of the Diet and appointed by the Emperor. The Prime Minister may remove the Ministers as he chooses. Membership of Prime Minister and Ministers to the Chamber of Deputies shall be fixed by the law.

49. If the Imperial Diet passes a non-confidence resolution, or rejects a confidence resolution, the Council of Ministers shall resign en masse, unless the Imperial Diet is dissolved within 30 (30) days. When there is a vacancy in the post of Prime Minister, or upon the first convocation of the Imperial Diet after a general election, the Council of Ministers shall resign en masse. In the aforementioned cases the Council of Ministers shall continue its functions until the time when a new Prime Minister and Council of Ministers are appointed.

50. The Prime Minister and the Ministers submits bills, reports on general national affairs and foreign relations to the Parliament and exercises control and supervision over various administrative branches. The Council of Ministers, in addition to other general administrative functions, shall perform the following functions:
Administer the law faithfully.
Conduct affairs of state.
Manage foreign affairs.
Conclude treaties. However, it shall obtain prior or, depending on circumstances, subsequent approval of the Parliament.
Administer the civil service in accordance with standards established by law.
Prepare the State budget and present it to the Chamber of Deputies.
Enact Council of Ministers' orders in order to execute the provisions of this Constitution and of the law. However, it cannot include penal provisions in such Council of Ministers' orders unless authorized by such law.
Decide on general amnesty, special amnesty, commutation of punishment, reprieve, and restoration of rights to be submitted to the Emperor for attestation.

51. All laws presented to the Parliament in initiative of the Government shall be signed by the competent Minister and countersigned by the Prime Minister.

52. The Ministers, during their tenure of office, shall not be subject to legal action without the consent of the Prime Minister. However, the right to take that action is not impaired hereby.

CHAPTER V
THE JUDICIARY
53. Justice emanates from the people and is administered on behalf of the Emperor by Judges and Magistrates of the Judiciary who shall be independent, irremovable, and liable and subject only to the rule of law. Judges and Magistrates may only be dismissed, suspended, transferred or retired on the grounds, and subject to the guarantees provided by law.

54. The exercise of judicial authority in any kind of action, both in passing judgment and having judgments executed, lies exclusively within the competence of the Courts and Tribunals established by the law, in accordance with the rules of jurisdiction and procedure which may be established therein.

55. The principle of jurisdictional unity is the basis of the organisation and operation of the Courts. The law shall regulate the exercise of military jurisdiction strictly within military limits and in cases of state of siege (martial law), in accordance with the principles of the Constitution. Courts of exception are prohibited.

56. The Judiciary is a branch that is autonomous and independent of all other powers.
The High Council of the Judiciary is the governing body of Judiciary and shall consist of 27 members among whom the President of the Supreme Tribunal of Cassation, who shall preside it, and the Chancellor of the Empire representing the Emperor. About the other members one fifth (1/5) are appointed by the Emperor, by the advice of the governement or his privy council and with the agreement of the governement concerning that nomination, three fifth (3/5) are elected by all the ordinary judges belonging to the various categories, two fifth (2/5) are elected by Parliament, by the advice of the governement, in joint session among university professors of law and lawyers with fifteen years of practice.
The Council elects a vice-president from among those members designated by the Parliament.
Elected members of the Council remain in office for four years and cannot be immediately re-elected.
They may not, while in office, be registered in professional rolls, nor serve in Parliament or on a Ducal Diet.

57. the Ministry of Justice handles the administration of courts and judiciary, including paying salaries or constructing new courthouses, that the Ministry of Justice and that of the Infrastructures fund and the Ministry of Justice and that of the Interiors administer the prison system and lastly that the Ministry of Justice receives and processes applications for Imperial pardons and proposes legislation dealing with matters of civil or criminal justice.

58. The High Council of the Judiciary in accordance with the regulations of the Judiciary, has jurisdiction for employment, assignments and transfers, promotions and disciplinary measures of judges.

59. The Supreme Tribunal of Cassation is the highest judicial body and highest court of appeal in Luthori except with regard of Constitutional matters. The President of the Supreme Tribunal of Cassation shall be appointed by the Emperor, on being proposed by the High Council of the Judiciary, in the manner to be established by the law.

60. The Council of State and the other bodies of judicial administration have jurisdiction over the protection of legitimate rights before the public administration and, in particular matters laid out by law, also of subjective rights.
The Court of Accounts has jurisdiction in matters of public accounts and in other matters laid out by law.
Military tribunals in times of war have the jurisdiction established by law. In times of peace they have jurisdiction only for military crimes committed by members of the armed forces.

61. Judges and Magistrates, as well as Public Prosecutors, whilst actively in office, may not hold other public office nor belong to political parties or trade unions. The law shall lay down the system and methods of professional association for Judges, Magistrates and Prosecutors. The law shall establish the system of incompatibilities for members of the Judiciary, which must ensure their total independence.

62. The Supreme Court of the Holy Luthorian Empire is the highest court of Luthori in matters of constitutional law. The Supreme Court shall pass judgement on:
Controversies on the constitutional legitimacy of laws and enactments having force of law issued by the State and Duchies and Federal Autonomus Cities.
Conflicts arising from allocation of powers of the State and those powers allocated to State and Duchies and FAC.
Charges brought against the Emperor, according to the provisions of the Constitution.

63. When the Court declares a law unconstitutional, the law ceases to have effect the day after the publication of the ruling. The decision of the Court shall be published and communicated to Parliament and the Duchies and Ducal Assembly concerned, so that, wherever they deem it necessary, they shall act in conformity with constitutional procedures. No appeals are allowed against the decision of the Constitutional Court.

64. The Supreme Court shall be composed of fifteen (15) judges appointed by the Governement. All of these shall be confirmed by the Parliament, in the manner to be established by the law. The members of the Constitutional Court shall be appointed from amongst Magistrates and Prosecutors, University professors, public officials and lawyers, all of whom must be jurists of recognised standing with at least fifteen years’ experience in the professional exercise.

65. Judges of the Supreme Court shall be appointed for 10 years, beginning in each case from the day of their swearing in, and if they leave the office for some reasons or if their term finish, they may not be re-appointed.
The Court shall elect from among its members, in accordance with the rules established by law, a President, who shall remain in office for three years and may be re-elected, respecting in all cases the expiry term for constitutional judges.

66. The Emperor can be accused for functional crimes of high treason and attack on the Constitution.
In this case, the Emperor is indicted by the Parliament by a vote requiring an absolute majority of members, and judged by the Constitutional Court, integrated in its composition by 16 members drawn by lot from a list of 45 elected by the Parliament in joint session every 9 years among citizens who qualify for eligibility as deputies.

Proposals

Debate

These messages have been posted to debate on this bill:

Date14:03:07, June 04, 2023 CET
FromConservative Party (Hardliners)
ToDebating the OOC/RP : The Holy Luthorian Constitution (PLEASE DO NOT REMOVE)
MessageOOC: Since the fall of the monarchy in 5172, this constitution, which was passed in 5155, has been considered lapsed ever since. Luthori being once again governed by an unwritten constitution which determines, via customs and tradition, the political, royal, administrative, or judicial life of this country. With an unwritten constitution and conventions being followed for the running of this country, I would like to announce that this is outdated and votable as an archive.

Date14:03:42, June 04, 2023 CET
FromConservative Party (Hardliners)
ToDebating the OOC/RP : The Holy Luthorian Constitution (PLEASE DO NOT REMOVE)
MessageOOC: archived

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