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Bill: Constitution of the Kingdom of Great Bae
Details
Submitted by[?]: 新새누리黨☯︎Zémundo/動民
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: November 5299
Description[?]:
| CONSTITUTION OF THE GREAT KINGDOM OF BAE PREAMBLE: Long have we, the peoples of Baeguk, loved our motherland for her pristine beauty and warm embrace. Ours is a proud nation with half a 10,000 years of glorious, storied, and brave history. After years of struggle and sorrow, loss and triumph, we have emerged striding towards the future with ever-growing confidence. Facing the waves with soaring strength, we dedicate ourselves and forever glorify our nation. By the grace of the universe and in the spirit of human dignity we declare the restoration of our independent kingdom. May she continually be enriched for all time. ARTICLE I: THE FUNDAMENTAL INSTITUTIONS OF THE STATE Section I – The Supreme Law and National Name This Constitution shall be the supreme law of the Kingdom. The official name of the nation shall be the Kingdom of Great Bae. Section II - Purpose of the State The institution of the political state is solely tasked with the responsibility of ensuring the equal application of the laws made and enforced for the purpose of creating a robust and joyous society. The House of Baek, descended from the founder of the first Kingdom of Bae, Taejo (Baek Gu), as the formal head of the nation as a political unit, is entrusted with the solemn duty of promoting national unity and pride in the nation. Section III - Structure of the State The Great Kingdom of Bae is a Unitary Constitutional Monarchy under Popular Consent whose will is equally exercised by and derived from the legitimacy of the monarchy’s ancient ties and the consent of the governed citizenry. Section IV – Languages of Administration The Official language of the kingdom is Kyomal, the National Co-Official languages are Draniano and Draddwyr. All institutions and officers of the state shall be required to provide proficient, swift, and accessible service to the citizenry in all 3. A law is forbidden from being implemented into the Legal Code of the Kingdom until it has been translated fully into the three national languages, reviewed, and deemed duly comprehensible by the National Academy of Language. Section V – National Motto The National Motto of the Great Kingdom of Bae is ‘Let Joy Spread Throughout the Land’ (福擴山海) Section VI - Capital City The capital city is Gongmangdo Capital City. ARTICLE II - CIVIL RIGHTS Section I - Human Dignity in the Law All citizens are entitled to the full extent of their legal rights, regardless of social status. This Constitution shall apply directly as a law to the entire citizenry. The rights enshrined in this Constitution shall bind the legislature, the executive, and the judiciary as directly applicable law. Section II - Citizenship and Extradition All persons shall have the right to citizenship in accordance with the laws. No citizen may be extradited to a foreign country in accordance with the law. Citizenship is automatically bestowed to those who are born on Bae soil at birth, and shall be obtainable to all in accordance with the laws. Section III - Personal Freedoms Every citizen shall have the right to free development of his personality insofar as he does not violate the rights of others, or otherwise offends and violates the law. Every citizen shall have the right to life and physical integrity, and freedom of the person shall be inviolable unless the state has compelling interest pursuant to the construction and maintaining of a just society. Section IV - Equality Before the Law All citizens shall be completely equal before the law. The state shall make no provision for discrimination against citizens on the basis of ethnicity, race, sex, gender identity, sexuality, parentage, language, homeland, origin, faith, religious beliefs, or political opinions. No person shall be disfavored on basis of disability. Section V - Freedom of Faith and Conscience Every citizen shall have the right to freely choose his religion or belief system, and to profess it to a fulfilling capacity, whether this be alone or in a community with others. The undisturbed practice of religion shall be guaranteed by the state to the fullest extent. Section VI - Freedom of Expression, Arts and Sciences Every citizen shall have the right to freely express and disseminate his sociopolitical opinions in speech, writing, and media. He shall have the right to inform himself without hindrance from all public sources of information. Freedom of the press, including but not limited to broadcasts and films, shall be guaranteed without censorship. These rights shall find their limits in the provisions of general laws, in provisions for the protection of young persons, and in the right to personal security. The general provisions for the education and enrichment of the general public in the arts and sciences shall be provided indiscriminately and universally by the state. The freedom of teaching shall not release any person from allegiance to the constitution. Section VII - Freedom of Assembly All citizens shall have the right to assemble unarmed and peacefully without the involvement or permission of the state. In the case of outdoor assemblies, this right may be restricted by or pursuant to law. Section VIII - Freedom of Association All citizens shall have the right to form associations and societies for the gathering of fellow citizens, the joint pursuance of social goals, and the general dissemination of belief systems and thought. Associations whose purposes or activities contravene criminal laws or are directed against the constitutional order or the concept of international understanding shall be prohibited. The right to form economic federations for the protection of professional or labor-related interests shall be guaranteed. Section IX - Privacy of Correspondence, Posts and Telecommunications The privacy of correspondence, posts, and telecommunications shall be secure from the state and inviolable. The state shall have limited powers to curb the complete manifestation of these liberties, but only in interests pursuant to the greater social welfare and the rule of law. If the restriction serves to protect the free democratic basic order or the existence or security of the Kingdom, the law may provide that the person affected shall not be informed of the restriction. Wherein such restrictions are ordered for purposes of criminal proceedings or to safeguard constitutional organs of the Kingdom, the severity of the encroachment must not be disproportionate to the protected interest. Warrants for the state viewing of private correspondence itself for the purposes of investigation shall be issued only by a judge; those related to the seizure of the means of private correspondence shall be issued only by a court jury. Section X - Freedom of Movement All citizens shall have the right to move freely throughout the national territory without hinderance or excessive delay. The state shall make no attempt to restrict these freedoms, unless motivated to curb an unignorable and urgent threat to the industry of the wider public posed a particular cause. Section XI - Occupational Freedom All citizens shall have the right freely to choose their occupation or profession, their place of work and their place of training. The practice of an occupation or profession may be regulated by or pursuant to law. No person may be compelled against his or her will to render personal services except within the framework of a traditional duty of community service that applies generally and equally to all. Exceptions for the duty of community service may be made in recognition of religious or belief system conflict as well as physical or mental incapability. Section XII - The Inviolability of the Home The security and privacy of the home is inviolable. Searches may be ordered only by a judge or, potentially when time is of the essence, by other authorities designated by the appropriate laws, and may be carried out only in the form prescribed by the corresponding protocols. The order shall be notified in advance to the person whose premises are to be searched, in a reasonable manner not to fall under 30 minutes before execution. Section XII - Property, Inheritance, and Expropriation through Eminent Domain The right to private property and inheritance shall be guaranteed by the state. Their content and limits shall be determined by the appropriate laws. Expropriation on the grounds of Eminent Domain may be ordered only for the public welfare; and by or pursuant to a law that provides for the nature and extent of the compensation. Such compensation shall be determined by establishing an equitable balance between the public interest and the interests of those affected. In case of dispute concerning the amount of the compensation, appeal may be made to the courts. Section XIV- Right of Asylum Persons persecuted on political grounds shall have the right of asylum, and to reside in the Great Kingdom of Bae provided they obey the domestic laws. These rights may be revoked to persons deemed as security threats to the stability and preservation of the democratic system. Section XV - Right of Petition Every citizen shall have the right, whether individually or collectively, to write both public and private requests or to declare grievances to all authorities and officers of the law and Kingdom. Section XVI – The Right to Appeal Should any person's rights be unconstitutionally violated by the state, he shall have the undeniable right to infinitely appeal to higher courts. Section XVII – The Specific Limits of Civil Rights and Protocol under a State of Emergency The State is not required to uphold the provisions of the Constitution during a National State of Emergency, per Article IX of this document. Within the territory of the Kingdom, the responsibility for maintaining public security and order rests with the police forces which, where provided, cooperate with the subdivisional security forces under the appropriate regulations. Under this Constitution, the National Government shall have the power to make laws limiting but not fundamentally compromising the freedoms of movement, of residence, of occupation choice, of inviolability of the home, and the secrecy of correspondence, post, and communications. ARTICLE III - GENERAL NATIONAL ADMINISTRATION Section I – The Senate The legislative body of the Great Kingdom of Bae is the Senate. It shall have the power to administrate and regulate the social, economic, cultural, and military spheres of Bae society under the provisions of this constitution. Section II – The Prime Minister The Prime Minister of the Great Kingdom of Bae is the head of Government. He has the exclusive powers to propose and form a government with advice and approval of the Senate, to form a Ministry with advice and approval of the Senate, and the powers as Commander-in-Chief of the Royal Armed Forces in times of war. The title of the Chairman shall be inflected to Chairwoman and Chairperson respectively to reflect the gender identity of the concurrent officeholder. Section III – The Monarch The Monarch of the Great Kingdom of Bae, to be titled as King, Queen, or Sovereign to their discretion, is the head of State. The Monarch shall exclusively be considered legitimate if they can prove direct descent from Taejo of Bae through the House of Baek. All other claimants not of the House are illegitimate. The Monarch shall be invested to choose their crown successor provided this criteria is fulfilled, but crown status is automatically conferred upon their eldest blood offspring without interference. The Monarch represents the millennia of the nation’s cultural wealth and tradition, and is tasked with upholding the national image and unity. They shall be imbued with the power to appoint or dismiss administrative civil servants and officers of the Armed Forces, to pardon offenders of the law, to award decorations and honors, and to form a government in absence of a functioning Senate. The Monarch has the responsibilities of representing the National Government of Baeguk at home, and the nation itself abroad. Section IV - The Cabinet The National Cabinet consists of the Prime Minister and the Deputy Ministers. These include the ministers of External Affairs, Internal Affairs, Finance, Defense, Justice, Infrastructure, Health and Social Services, Education and Culture, Science and Technology, Food and Agriculture, Environment and Tourism, and Trade and Industry. It is responsible for the daily enforcement and administration of the nation in conjunction with local and constitutional law. ARTICLE IV – THE LEGISLATIVE INSTITUTIONS Section I – The Two Houses The Senate is a bicameral legislature comprised of a Lower and Upper House. The Lower House shall be known as the Hall of Worthies. The Upper House shall be known as the Hall of Sages. Section II – The Composition of the Hall of Worthies The Hall of Worthies is directly elected by constituents every Legislative Election. The apportionment to the Hall of Worthies from the populace shall be decided by the most recent census statistics for the total population. From this number, the cube root (3√) of the total sum shall be the number of seats in the Hall of Worthies, and subsequently districted accordingly throughout the nation. Section III – Committees of the Hall of Worthies The Hall of Worthies shall have select committees to address specific legislative fields. Committees can be created with a 6/10 majority vote at a quorum of 7/10 attendance. Section IV – The Composition of the Hall of Sages The Hall of Sages shall be composed of 75 seats; 60 appointed by the Provinces and Cities, and 15 directly elected by the special electoral rolls of the respective national ethnic groups. Each Primary Subdivisional Government shall be allocated 6 seats respectively. The Kyo ethnic electorate shall receive 5 seats, the Draddwyr ethnic electorate shall receive 5 seats, and the Draniano ethnic electorate shall receive 5 seats. Section V - Committees of the Hall of Sages The Hall of Sages shall be comprised of select committees designated specific areas of legislation. Additional committees can be created with a 6/10 majority vote at a quorum of 7/10 attendance. Section VI - Formation of a Government At a time no less than 30 and no greater than 80 days before the scheduled end of a government, or alternatively as soon as a disgraced government loses a Vote of Confidence, the Senate shall convene in a Joint Session to nominate and elect a Cabinet. A cabinet proposal requires a simple majority vote threshold at 7/10 quorum to pass the Senate. Following passage, the selected cabinet composition shall be presented to the Monarch, who shall have the final say of approval. If a monarch rejects the composition, a new government must be formed. If a monarch approves the composition, it becomes the official government. Section VII – Votes of Confidence In legislative proceedings, there shall be always the potential for a Motion of Confidence. The vote to hear a Motion of Confidence must first pass by a simple majority with at least a 6/10 quorum in both houses of the Senate. Should such a proceeding succeed, the Senate shall convene in a Joint Extraordinary Session together. The combined session shall summon the Prime Minister and his government to attend, before entering into joint procedure taking a Vote of Confidence. Should the government fail to secure the support of a simple majority during the vote, it will be considered a defeated government that must be replaced as soon as possible. The Prime Minister and the Deputy Ministers will all be considered unelectable for the next formation of a government, and will be dismissed by the Monarch from their positions. In their place, the Premier of the Hall of Sages temporarily takes over the responsibilities of the Prime Minister until the Senate and Monarch can appoint a new government. ARTICLE V – THE EXECUTIVE INSTITUTIONS Section I – The Cabinet The Cabinet of the Great Kingdom of Bae is nominated individually by a prospective Prime Minister, coming into power following a vote of confirmation by the Senate and approval of the monarch. It forms the Executive branch of government together with the Prime Minister and Monarch. The Ministers of the cabinet are invested with the powers to alter and modify the structure of their ministries with respect to the basic institutions laid out in this constitution and the regulations of the Senate; these changes can be vetoed by the Prime Minister. Section II – Ministries of the Cabinet The ministries of the cabinet are those of External Affairs, Internal Affairs, Finance, Defense, Justice, Infrastructure, Health and Social Services, Education and Culture, Science and Technology, Food and Agriculture, Environment and Tourism, and Trade and Industry. The Prime Minister may, with the advice of the Hall of Sages and 7/10 support at a 8/10 quorum in the Senate, establish and abolish ministries outside the purview of those in this constitution provided the state has a vested interest in fulfilling it’s fundamental duties in doing so. The Supreme Court may rule such creation as unconstitutional; in such cases the government must instantly cease operations of and formulate a plan to dissolve the unconstitutional ministry completely within a year of the verdict’s proclamation. Section III – The Ministry of External Affairs The Ministry of External Affairs conducts and formulates national relations with the outside world. Section IV – The Ministry of Internal Affairs The Ministry of Internal Affairs regulates and investigates the everyday happenings of the federal civil service and officers of the law. Section V – The Ministry of Finance The Ministry of Finance implements the economic legislation and regulations of the land as set forth in national legislation. Section VI – The Ministry of Defense The Ministry of Defense runs the common affairs and administration of the Royal Armed Forces. The Minister of Defense is the standard Commander of the Armed Forces, but answers to the Prime Minister. Section VII – The Ministry of Justice The Ministry of Justice administers the national-level judicial system below the Supreme Court, and monitors the enforcement of the laws. Section VIII – The Ministry of Infrastructure The Ministry of Infrastructure shall ensure the continual improvement and maintenance of the means of public transport, energy, amenities, and all property owned by the government. Section IX – The Ministry of Health and Social Services The Ministry of Health and Social Services shall administer the social and public welfare services created and staffed by the government, and set health and safety regulations and standards in industry and society for the common benefit and safety. The Ministry also runs the National Electoral Agency. Section X – The Ministry of Education and Culture The Ministry of Education and Culture shall be tasked with the creation of a national educational curriculum, the enforcement of national standards in education, the public dissemination of information considered crucial to the public welfare, the administration of public libraries and places of learning, the preservation of cultural and historically significant sights, and the cultural preservation and pride of Bae people of all ethnicities in their excellent traditions. Section XI – The Ministry of Science and Technology The Ministry of Science and Technology shall regulate and administrate government initiatives for scientific and technological advancement, application, and innovation in the nation. Section XII – The Ministry of Food and Agriculture The Ministry of Food and Agriculture shall regulate the agricultural industry of Baeguk and provide for the proper regulation of her foodstuffs as outlined in the appropriate laws. Section XIII – The Ministry of Environment and Tourism The Ministry of Environment and Tourism shall take efforts as authorized under the laws of the land to preserve Baeguk’s natural beauty, to manage her national parks and protected regions, to attract foreign attention, and to promote foreign cultural exchange and travel to the Kingdom. Section XIV – The Ministry of Trade and Industry The Ministry of Trade and Industry implements the economic legislation and regulations of the land as set forth in national legislation. It shall also assist in negotiating Baeguk’s economic agreements and arrangements with foreign nations. ARTICLE VI -THE JUDICIARY INSTITUTIONS Section I – The Powers of the Supreme Court The Supreme Court is the highest judicial body of the Kingdom of Bae. It has ultimate say over Constitutionality through judicial review, the power to create devolved courts and circuits in conjunction with both subdivisional and national authorities, and the ability to review cases appealed from the National Appellate Courts. Section II – The Composition of the Supreme Court The Supreme Court is composed of a number of judges, known as Justices, no less than 5 and no greater than 13 in number. Justices are nominated by the Prime Minister and appointed by a majority approval vote at 6/10 quorum in both houses of the Senate. Section III – The National Devolved Court System National Devolved courts have 3 possible levels – National Devolved, Grand National Devolved, and National Appellate. Such courts handle offenses committed in a circuit under and in violation of the National laws. Following appeal from the National Appellate Courts, if the bid is successful it shall go to the Supreme Court. Section IV – Juries and Judges Every defendant in the Kingdom facing criminal charges with the potential of any sentence as or more harsh than 3 years imprisonment shall be unconditionally provided a choice between being judged by the Judge of the appropriate court or a Jury of their peers. Juries must be drawn randomly from the local jurisdiction and reflect the demographic makeup of the area. ARTICLE VII - LOCAL ADMINISTRATION Section I - Cities and Provinces The Kingdom of Great Bae is a unitary state divided into 10 First Level Subdivisions; Gonggi Province, Rokgi Province, Hyonggi Province, Myeoggi Province, Haegi Province, Ilbae Metropolitan City, Sinsu Metropolitan City, Taeyang Metropolitan City, Sŏngtaek Metropolitan City, and Gongmangdo Capital City. Each Primary Subdivision shall form a government with a directly elected legislature. Provinces have Provincial Assemblies whereas cities have City Councils. Primary Subdivisional Legislatures shall be elected directly from the population of said constituencies; specific practices shall be enumerated by the appropriate Provincial and City laws. The Legislatures shall elect, through majority consensus at a minimum 6/10 quorum, heads of government. The Heads of Subdivisional Governments, known as Governors in Provinces and Magistrates in Cities, shall be invested with the respective powers of their office as determined by local law. The Heads of the Primary Subdivisions shall have the ultimate responsibility to send representatives of the subdivision to the Hall of Worthies. Section II – Boroughs and Counties The Primary Subdivisions all further govern Secondary subdivisions. The subdivisions of Metropolitan Cities and Capital Cities are boroughs; the subdivisions of Provinces are counties. Each borough and county shall have a population of residents not superior to 100,000 nor inferior to 30,000. The specific composition of the boroughs and counties should reflect the demographics of the subdivisional population without explicit bias. Each County shall directly elect a County Legislature; which shall direct and monitor local administrative policies and embellish the national and local laws appropriately to assist the populace of the County. The County Legislature shall elect a Supervisor to supervise the conduct of the local government, and to represent the local government as an important symbol. Each Borough shall have an elected President. The Borough President has general powers to direct the district policy in concert with higher powers. Boroughs additionally elect and send representatives to the City Council. The proportion of seats on the City Council provided an individual Borough will be given by the wider city, but must reflect population demographics. ARTICLE VIII – ELECTIONS, APPOINTMENT, AND ETHNIC LISTS Section I – Elections to the Hall of Worthies Elections to the Hall of Worthies are opened to every registered voter. To be a registered voter, an individual is required to be a citizen and to have registered with the National Electoral Agency. Any citizen, regardless of their legal or financial situation unless they have been convicted of treason, may stand for office. Elections to the Hall of Worthies shall be held nationally at regular intervals between the extremities of 24 and 72 months. The system used for every constituency is first-past-the-post for all candidates. The decision to hold a snap election may also be decided with a majority vote in the Hall of Worthies; unrestricted by the 24 month minimum. All devolved governments shall determine their own voting conventions under 2/3 approval of the provincial and city legislatures. These laws may be reversed by ruling of the Supreme Court if deemed insufficient to meet the needs of democracy. Section II – Elections by the Ethnic Rolls There shall at all times be maintained the Ethnic Electoral Rolls; which list the participating citizens that elect the ethnic representatives of the Hall of Worthies. These are the Kyo Ethnic Electoral List, the Draddwyr Ethnic Electoral List, and the Draniano Ethnic Electoral List. Each list is comprised of citizens who have registered their corresponding ethnicity with the government and explicitly apply to be included. Registration is open to all citizens so long as they are legally of the ethnicity whose roll they are included in. The ethnic elections are national, and thus voting is unrestricted regardless of place of residence. The 5 candidates with the most votes are chosen to be represented, using the first-past-the-post method. The Ethnic Representatives are elected at the same time as those of the Hall of Worthies. Section III – Provincial and Urban Elections General, direct and universal elections in the Provinces and Cities are used to elect the City Councils and Provincial Assemblies, which in turn send representatives to the Hall of Worthies. The exact procedure of these elections shall be proscribed by local Provincial and City law; but shall by no means partially or wholly attempt to mitigate the principles of this Constitution nor circumvent the representative democratic process. First Level Subdivisional Elections shall occur no earlier than 12 months after the last, and no later than 60 months after the last. Section IV – County and Borough Elections County and Borough Elections for their local offices occur every 2 years. The exact methods for the counting of votes and apportionment of seats shall be decided by the Counties and Boroughs themselves in an impartial matter that fully represents the will of the population. ARTICLE IX – AMENDMENT AND SUSPENSION OF THE CONSTITUTION Section I - Amendment Process The Senate reserves the power to amend this Constitution with a 2/3 vote in the Hall of Worthies at a quorum of 7/10 attendance. For this amendment to succeed, it must also be ratified by a simple majority of the Hall of Sages as well as get approved by the Monarch before it becomes law. Section II – Suspension The Constitution is always the supreme law of the Kingdom. Only during a State of National Emergency or a State of Total War may it be Suspended in some form. To avert the worsening of existential threats to the survival or free democratic basic order of the Kingdom, the power to declare a State of National Emergency is reserved exclusively by the Prime Minister, under the advice of and with the consent of a majority of the Senate, as well as the approval of the monarch for a maximum initial period of 50 days. The duration of State of National Emergency may be extended in a series of 30 day installments, but only with the approval of the monarch and a full 2/3 consent of the Senate with an 8/10 quorum. Within the territory of the Kingdom, the responsibility for maintaining public security and order rests with the police forces which, where provided, cooperate with the subdivisional security forces under the appropriate regulations. During a State of National Emergency, the government shall abide by the structure set forth in this document, but shall not be necessarily required to uphold all public responsibility. The Senate may not be dissolved; however all quorum regulations will cease effect. A State of Total War shall be fiercely discouraged and is completely illegal to declare in times of peace. The Prime Minister shall only be vested to declare a State of Total War if an alien force at war with the Kingdom has successfully taken and held Bae sovereign territory for a period in excess of 7 days. This State of Total War must be approved unanimously by the Monarch, the Speaker of the Hall of Worthies, and the Premier of the Hall of Sages. Such a state shall last no longer than 30 days after an alien force has been expelled from Bae sovereign territory, and renders all sections of the Constitution save Article IX, Section II, non-binding. ARTICLE X - NATIONAL SYMBOLS Section I - The Anthem Baeguk has two anthems. The first, the Patriotic Song, shall be played whenever and made available in all three national languages. The second, Ch’wit’a, shall only be played in presence of the Monarch of the Kingdom. Section II - The Flag The flag of Baeguk is a white field with a crimson fringe. In the center is the royal garland, depicted in the Dancheong style. The Three-Lobed Supreme Ultimate symbolizes the ethnic harmony and unity of the three ethnicities of the Bae people. The trident symbolizes the strength and power of the nation, whilst the plum flower represents the prosperity and beauty of the land. Section III – The National Symbols The National Animal of Baeguk is the Dovanian Tiger. The National Flower of Baeguk is the Hibiscus. The National Plant of Baeguk is the Leek. The National Song of Baeguk is Arirang. The National Sport of Baeguk is Ssireum. |
Proposals
Debate
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| Vote | Seats | |
| yes |
Total Seats: 386 | |
| no | Total Seats: 0 | |
| abstain | Total Seats: 0 |
| Random fact: Once approved, players should copy Cultural Protocols into a bill in the debate section of their nation page, under the title of "OOC: Cultural Protocols". This bill should include links to the passed Cultural Protocol bill and the Moderation approval. |
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