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Bill: Basic Law of the Federation of Hulstria and Gao-Soto, 5234

Details

Submitted by[?]: HDV-Doumeitō

Status[?]: passed

Votes: This bill asks for an amendement to the Constitution. It will require two-thirds of the legislature to vote in favor. This bill will not pass any sooner than the deadline.

Voting deadline: March 5235

Description[?]:

GRUNDGESETZ DES EIDGENOSSENSCHAFT HULSTERREICH UND GAO-SOTOS
MIKUNI TO HARUSOTORIA RENPO NO KIHON-HO
GURUNDOGESETOSU DESU AIDOGENOSSYUSHATO HARUSOTORIA UNDO MIKUNISU

BASIC LAW OF THE FEDERATION OF HULSTRIA AND GAO-SOTO

THE CROWNLANDS OF HULSTRIA AND GAO-SOTO represent the proud shared inheritance of two great EMPIRES of GAO-SOTO, ancestral homeland of the Mikokuzin peoples, principally the Kunihito, and the venerable traditions under Heaven and the Kami by which they were ruled, and HULSTRIA, newfound Heimat of generations of settlers who, desirous of protecting their newfound liberty, banded together in the spirit of brotherhood, tradition and liberty,

ON THE 15TH OF SEPTEMBER, 3411, through the struggles of their fathers, THE PEOPLES OF THESE CROWNLANDS realised their SHARED DESTINY, bound together by oaths of brotherhood and commitment to a Septembrist democratic order, that the Land of Two Peoples remain UNITED and FREE, that justice be realised in the Crownlands and that sovereignty be shared by all their Citizens in the interests of all,

THE PEOPLE OF HULSTRIA AND GAO-SOTO, so united through two thousand years of democratic coexistence, wish to constitute herein a single indivisible, multi-ethnic nation-state, in full commitment to eachother and to their shared inheritance and future,

NOW, THEREFORE, IN THE NAME OF THE PEOPLE OF HULSTRIA AND GAO-SOTO, AND TOWARDS THESE AIMS AFORESAID, BE IT ENACTED by the Federal Diet of Hulstria and Gao-Soto, by and with common consent of the Council of the Lands, assembled at KIEN in the year 5234, as follows:-

Article I) the Federation of Hulstria and Gao-Soto
(1) the Federation of Hulstria and Gao-Soto (hereonafter "Hulstria and Gao-Soto" or "the Federation") is a liberal democratic Septembrist Republic; it shall be a Rechtsstaat;
(2) the Federation of Hulstria and Gao-Soto is the nation-state of the Crownlander nation, which is constituted of the Hulstrian and Mikokuzin peoples according to the Septembrist principle of the multi-ethnic nation;
(3) Crownlander citizenship 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 Crownlands;
(4) Sovereignty belongs to the citizens of Hulstria and Gao-Soto and is exercised by the institutions of Government on their behalf under this basic law;
(5) Hulstria, consisting of the Crownland of Hulstria, the Crownland of Budenlar and the Crownland of Kuratha, and 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;
(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 and Jienist philosophy are recognised under this basic law for their ceremonial significance to Hulstria and Gao-Soto, respectively;
(9) The federal capitals 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 Hulstria and Gao-Soto 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 Hulstria and Gao-Soto 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 Hulstria and Gao-Soto; the law shall make further provision for the enforcement and reasonable restriction of this right;
(9) The person of all those residing in Hulstria and Gao-Soto 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 Hulstria and Gao-Soto 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 College of Governors-General
(1) In all national functions, two Governors-General united in the College of Governors-General shall jointly serve as head of the state in equal measure; they shall jointly symbolise the unity of the Crownlander nation and its values;
(2) the representatives of Hulstria and Gao-Soto to the Federal Diet, united with the governments of the Crownlands belonging to Hulstria and Gao-Soto, shall assemble in two electoral colleges to elect one Governor-General each to a term of 6 years by a two-thirds majority; until the election of a new College is certified, the old College shall continue to serve in a caretaker capacity;
(3) No person shall serve as Governor-General for more than two consecutive terms;
(4) No person shall be elected Governor-General who is under the age of 40;
(5) No person shall serve as Governor-General who is not a citizen of one of the Crownlands belonging to the part of the Federation he represents;
(6) The Governor-General for Hulstria shall reside in Kien; the Governor-General for Gao-Soto shall reside in Miyako; both Governors-General shall have residences provided to them in the other federal capital such as the Federal Assembly may provide;
(7) the Governors-General shall be invested in their respective federal capitals, and shall swear the following Oaths of Office: "I solemnly swear to preserve, uphold an defend the Basic Law of the Federation of Hulstria and Gao-Soto, the rights, values and freedoms of its citizens, and the continuation of democratic government, according to law; I swear that I shall discharge my duties without prejudice to the interest of either Hulstria or Gao-Soto separately, ever in pursuit of the interest and unity of the Federation and the Crownlander nation jointly."
(8) The Governors-General, in College or individually, shall confer traditional titles of nobility 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; the law shall regulate titles of nobility;
(9) The Governor-General for Hulstria shall act as ceremonial head of state to all Crownlands that under this basic law are part of Hulstria; the Governor-General for Gao-Soto shall act as ceremonial head of state to all Crownlands that under this basic law reside under Gao-Soto; they shall be represented in each Crownland by a Federal Commissioner appointed with the advice and consent of the Federal Government;
(9) The Governors-General shall, in College, individually or represented by a Minister, have the right to sign treaties on behalf of the Federation, with the advice and consent of the Federal Government;
(10) the College of Governors-General, acting jointly upon the advice of the Staatsminister or a majority of the Federal Diet, have the right to dissolve the Federal Diet and issue writs of election for a new Federal Diet;
(11) the Governors-General shall be responsible to the Federal Diet for the conduct of their office; the Federal Diet may dismiss the College of Governors-General for misconduct and conduct new elections;
(12) Any vacancy in the College shall be filled by special election.

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 Federation shall be unconstitutional. The Constitutional Court shall rule on the question of unconstitutionality.

Article V) The Federal Assembly
(1) Legislative power is vested in a bicameral Federal Assembly (Bundesversammlung, Renpo-Sokai, Bunodesubasammalungu) consisting of the Federal Diet and the Council of the Lands;
(2) The Federal Diet (Bundestag, Renpo-Gikai, Bunodesutagu) 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 College of Governors-General acting upon the advice of the Staatsminister or a majority resolution of its members;
(3) The right of initiative and of budget belongs solely to the Federal Diet;
(4) Ministers of the Federal Government shall, individually and collectively, at all times maintain the confidence of the Federal Diet; such confidence shall be demonstrated by a nomination resolution prior to their appointment;
(5) Ministers of the Federal Government shall render account of their actions to the Federal 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 the Federal Government and the President of the Bundestag (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 Federal 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 Federal and Crownlands Governments, or of Crownland Government jurisdiction, the representatives of the Crownlands in the Länderrat may ask questions of, or initiate debates with, the Federal Government.
(10) The Länderrat does not have the power to dismiss the Federal Government or one of its Ministers, but it may register its objection to a Minister of the Federal Government to the Reichstag, which shall then debate it.
(11) Proposals of law shall not originate in the Länderrat; however, in matters of shared Federal-Crownlands jurisdiction, the representatives of any two Crownlands in the Länderrat may put an initiative on the agenda of the Bundestag.
(12) No declaration of war shall be valid except with the consent of the Federal Diet;
(13) The Federal Diet shall have the right to ratify treaties;

Article VI) The Federal Government
(1) Executive and governmental power shall be exercised by the Federal Government;
(2) The College of Governors-General shall designate, based on conclusions arising out of their consultations with the Diet, from among the members of the Bundestag as Staatsminister to preside over the government the person who is best able to obtain the confidence of and enjoy fruitful cooperation with the Federal Assembly;
(3) The College of Governors-General shall designate, with the advice and consent of the Staatsminister, Ministers and State Secretaries to serve in the Federal Government;
(4) No appointment shall come into effect without a demonstration of confidence from the Federal 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 Federal 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 College of Governors-General on the business of government;
(9) The Federal Government and any of its members shall serve solely while they enjoy the confidence of the Federal Diet; they shall tender their immediate resignation to the College of Governors-General 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 Basic Law 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 Federation shall be represented in each Crownland by an Federal Commissioner (Bundeskommissar, [Kunikata], Bunodesukomisaru ) appointed by the Governor-General for Hulstria or Gao-Soto as applicable, with the advice and consent of the Federal Government;
(5) The Federal 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 Federation;
(2) Supreme command of the Reichsbürgerwehr shall be exercised by the College of Governors-General with the advice and consent of the Federal Government;

Article X) Of amendments to this Basic Law
(1) The Basic Law may be amended by a two-thirds majority of the Federal Diet with the concurrence of the Council of the Lands;
(2) Such amendments may be proposed by members of the Federal Diet or the governments of two Crownlands.

OOC Protocol
1. General
This is a constitutional RP law, which according to section 6 of the game rules, requires a 2/3 majority in order to pass and will subsequently be enforced by Moderation. It may be abrogated by simple majority.

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 Section 6.5c, pending verification). 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.
You may covertly strive for these aims. 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, 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 College of Governors-General shall be elected every 6 years. A proposal debate shall be created to simulate the election, with votes from individual crownlands being used, but we encourage consensus. The names of the Governors-General shall be amended into the Head of State title as though they were a hereditary monarchy. The provision that the old College continues as caretakers is a pragmatic provision intended to deal with deadlock in changing the variables.

The Governors-General are relatively symbolic figures who are 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 Federal 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 Federal Commissioners, usually elder statesmen, shall be in the background, with office-holders invented when necessary. The Federal 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 remain the Armed Forces. The RBW name is preserved because of its origins as a Septembrist militia, just like the name Crownland for the subdivisions. The control of the GGs 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 by a two-thirds majority, or by changing the appropriate variables (see 1 above). The exception would be its abrogation by simple majority. 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

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Voting

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Total Seats: 450

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    Total Seats: 0

    abstain
     

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