Antican Constitution

From ShireWiki
Jump to: navigation, search

Preamble

This constitution is hereby being established in order to satisfy the requisites of righteousness and order in the Dinarchy of Antica. Thepeople and the Dinarchs of Antica are hereby endowed with and bound tothe rights, responsibilities, and regulations set forth in this document. The people must always remember to treat the Dinarchs with abeyance and respect, for they are the leaders of Antica. This Constitution will now and forever be the supreme law of the land.

Article 1. The Dinarchs

1. There will always be two Dinarchs operating under the jurisdiction of this Constitution, who possess the premier authority over all Antican affairs, with the sole exception existing in military operations. One Dinarch shall serve as the Commander in Chief of the Antican Army, and the other shall serve as Commander in Chief of the Antican Navy. No Imperial actions may be taken by either Dinarch if the other explicitly disapproves. 2. The power to declare war is invested solely in the Dinarchs. 3. The specific power of approving treaties with foreign nations is invested in the Dinarchs, through written approval by both. 4. The power of making an edict, referred to as an "Imperial Decree", is invested in the Dinarchs. Imperial Decrees can only be reversed by seven-tenths Senate vote, excluding the votes of the Dinarchs. Neither the Imperial Decree nor any other Dinarchial Action may ever contradict this Constitution. 5. At any time during their reigns, each Dinarch must have chosen a successor, whose identity may remain anonymous to all but the other Dinarch. Both Dinarchs must have a person chosen to replace them, and they must choose different persons. At the time that either Dinarch leaves office, the successor must be announced and approved by the Senate by a majority vote within 72 hours from when the office is vacated. This vote is to include the votes of both the appointee and the remaining Dinarch. Should the appointee not be approved by the Senate, the remaining Dinarch is to choose another candidate, and the process may continue as such until a successor is chosen and approved. Should there be no remaining Dinarch, the Chancellor may make the subsequently called-for appointments if necessary, and may nominate himself.

Article 2. The Chancellor

1. Below the Dinarchs there shall exist a Chancellor, whose role shall be as head of the Imperial Cabinet, and administrator of the Imperial Senate. The Chancellor may issue non-military directives to any of the administrative corps or their leaders. Such directives may only be overridden by the Dinarchs, a unanimous vote by the rest of the cabinet, or a two-thirds vote in the Senate, which would exclude a vote by the Chancellor. 2. The Chancellor is elected every two months by all citizens of Antica. Only a plurality of votes is needed to win election to the office of Chancellor. Should a tie occur, the Imperial Cabinet shall hold a vote to determine the winner among the those who had the most votes. Should a winner fail to be selected after said vote, the Dinarchs must choose the Chancellor for that term. 3. In the event that an Administrative Corp is without a Commanding Officer, the Chancellor may assume the position and perform the duties of that position. Should the Chancellor fill a position in this manner, he may not vote on Cabinet Directives, and should a Cabinet Directive be contested by the Senate, he may still take part in that vote. 4. The Chancellor of Antica also has the power to veto actions by the Senate in the form of legislation. No constitutional amendments or other votes may be vetoed by the Chancellor. The Senate may override such a veto by a 2/3 vote against it. The Dinarchs also have the power to reverse a Chancellor's veto, without the use of Imperial Decree.

Article 3. Cabinet

1. The Imperial Cabinet is comprised of the Commanding Officers of each of the Administrative Corps existing at any time, and the most senior officer from the Military Corps and Fleets. The officer representing the military on the cabinet shall be chosen by the Dinarchs. 2. Each Administrative Corp is responsible for the operation of its assigned area of jurisdiction. Administrative Corps can only be created or dissolved by the Dinarchs. Leaders of these corps can only be appointed or removed by the Dinarchs. The Commanding Officers of each of the Administrative Corps have final authority over all matters within their corp, only questionable by the Chancellor and Dinarchs. 3. The Military Corps and Fleets are defined as the top echelons to which all military units are assigned to combat duty. The number of these units may grow with the size of Antica's armed forces. Commanding Officers within any Military Corp have absolute authority over their subordinates, and their orders may only be altered or annulled by their superiors within their chain of command. 4. The Cabinet has the power to declare "Cabinet Directives", which hold potency equal to that of Imperial Decrees, and as such may not be stricken down by the Dinarchs. These directives can only be made through unanimous vote by the cabinet, and with the approval of the Chancellor. Cabinet Directives may be overridden by a majority vote in the Senate, with the exclusion of votes by the members of cabinet.

Article 4. The Senate

1. The Imperial Senate has the power to pass legislation in the form of bills, resolutions, and constitutional amendments. Bills and resolutions need only pass by a simple majority. In addition, the Senate may override certain actions by the Dinarchs, Chancellor, and Cabinet, as specified in their respective articles. 2. The Senate also has the power to pass constitutional amendments, which only take effect after passing by a two-thirds majority and being signed by both Dinarchs. 3. Every citizen of Antica has the right to participate in the legislative process by having the right to propose, debate, and vote on legislation in the Senate. 4. The Senate's procedures and rules of operation are to be defined at any given time by the Chancellor, or by any laws which affect or define them. Any specifications set by the latter supercede the will of the former.

Article 5. The Judiciary

1. The judicial power of Antica shall be vested in the Antican Supreme Court, in the body of the Judicial Corp. This Administrative Corp may not be dissolved by the Dinarchs. The power of this court extends to all citizens of the Antican Dinarchy indiscriminately, with the exception of the Dinarchs. 2. Foreigners are also subject to the power of the Antican judiciary if the person in question is a citizen of a nation in which holds a treaty with Antica specifically calling for the extradition of a criminal suspect. Alternatively, a foreign suspect who refuses to show up to trial may be tried in absentia. While a person who is tried in absentia may refuse to accept the charges held against him or her, the charges that person is convicted of are fully valid. 3. The Dinarchs will appoint one judge to preside over the Antican Supreme Court. The title of this judge is "Justice of the Imperial Court.", or shortened to "Imperial Justice". This position is considered Commanding Officer of the Judicial Corp, and as such, holds a seat on the Imperial Cabinet. 4. A jury of three randomly selected Antican citizens will be selected for each case presented before the court. The duty of a juror entails sitting in on the case selected for them, and casting their informed judgment over the innocence or guilt of the defendant. Any Antican called for jury duty must fulfill the duties bestowed upon them as a juror for the entire span of the case they are assigned to. Anyone selected as a juror may appeal to the Imperial Justice for any particular call to jury duty, and may be released from his or her current obligation. However should the Imperial Justice deny release from duties, then that person must serve. 5. Following the declaration of the Judge that both parties (The Prosecution and Defense) have presented their case, the Judge shall decide a sentence from the guidelines given to him under Antican Law and the Judge shall then submit this sentence to the Jury. If one or more of the Jurors petition the Judge for a change of sentence, then the Jury may collaborate to create a new sentence or modify the existing one. If this new sentence is agreed to by the Jury, the Jury will present it to the Judge. If the Judge accepts the new sentence, then normal voting procedure follows using the new sentence. If the Judge disagrees with the new sentence, the original sentence he/she proposed will take precedence over the new sentence and the original sentence will be voted on by the Jury in the normal voting procedure. The Jury shall decide whether the defendant is guilty or innocent of the charges placed on the defendant (and thus deserving of the sentence) through a vote and the procedure of this vote is outlined in Section 6. 6. If the Jury vote is unanimous (All Jurors vote that the Defendant is guilty of his/her charges), the person is convicted. If a majority of the Jury (Two out of the three Jurors) vote in favor of conviction, then the defendant may only be convicted if the Judge agrees with the conviction or otherwise the defendant is declared innocent. If a minority of the Jury (One or none of the Jurors) vote in favor of conviction, the defendant is declared innocent. 7. Procedure in the courtroom of Antica will not be enforced by specific detail, but in carrying out the following guidelines. First, both parties in any trial must have fair and equal allotment of time allowed to them, in the court for presentation of their cases. Secondly, the Imperial Justice has full authority to dictate the manner of which members of the court must act in the confines of the court, and is invested with the full authority to do what he sees necessary to maintain order. 8. Both the prosecution and defense must represent themselves in the courtroom. Either side may only be represented by another person if that person passes a judicial competency test, administered by the Imperial Justice. For any given trial, this test must be taken, and it must be the same for both sides' representatives, should both sides wish to have them.

Article 6. The People

1. A Citizen of Antica cannot be a citizen elsewhere without special permission given by the Dinarchs. This permission can have limitations on the number of other citizenships. 2. A Civilian in Antica is someone with citizenship elsewhere as well as citizenship in a province. Civilians may additionally be granted voting rights as Citizens have if so granted by the Dinarchs. 3. A Foreigner is a citizen elsewhere and not within Antica. 4. The following are the rights and duties of persons within Antica. A. The right to freedom of speech, excluding talk of that which is categorized as classified by the government. B. The right to peaceful assembly, except on private properties where such assembly is not authorized. C. The right against discrimination according to race, gender, sexual orientation, religion, or political standing. D. The right against involuntary servitude by other individuals. E. The right and duty to vote and participate in elections and the legislative process. F. The duty to perform military service if called upon to do so by the government. G. The duty to serve on a jury if called upon to do so by the court. 5. The following are the rights and duties of civilians within Antica. A. The right to freedom of speech, excluding talk of that which is categorized as classified by the government. B. The right to peaceful assembly, except on private properties where such assembly is not authorized. C. The right against discrimination according to race, gender, sexual orientation, religion, or political standing. D. The right against involuntary servitude by other individuals. E. The duty to serve on a jury if called upon to do so by the court. 6. The following are the rights and duties of foreigners within Antica. A. The right to peaceful assembly. B. The right against discrimination according to race, gender, sexual orientation, religion, or political standing. 7. The power to grant citizenship is granted by this Constitution to the Dinarchs. The Senate may legislate alternate ways to allow for immigration, but no citizen may enter the nation without the approval of either both Dinarchs, or the chief official of Antica's highest security organ. 8. The ability to revoke citizenship is also granted to the Dinarchs by this Constitution. The Senate may legislate alternate ways to remove citizens.