Constitution of the Elwynnese Republic
- 1 CONSTITUTION OF THE ELWYNNESE REPUBLIC
- 1.1 CHAPTER 1: Establishment
- 1.2 CHAPTER II: Jurisdiction
- 1.3 Chapter III: Counties and bailiwicks
- 1.4 CHAPTER IV: Rights and Freedom
- 1.5 CHAPTER V:Senate
- 1.6 CHAPTER VI:Congress
- 1.7 CHAPTER VII: Prince
- 1.8 CHAPTER VIII:Judicial powers
- 1.9 CHAPTER IX: Contingencies
- 1.10 CHAPTER X: Final provisions
- 1.11 CHAPTER XI: Transitional provisions
- 1.12 Conventions:
CONSTITUTION OF THE ELWYNNESE REPUBLIC
CHAPTER 1: Establishment
- The Elwynnese Nation establishes a free and sovereign body-politic under the name of Elwynn or the Elwynnese Republic.
- Each and every such man, woman or child sharing affinity or bonds of blood, friendship or law with the Elwynnese Nation, the Lands of the River Elwynn, or with the values of Elwynn, has the divine right of and claim to membership in the Elwynnese Nation in accordance with law.
CHAPTER II: Jurisdiction
- The law, administration and jurisdiction of the Republic extend to the whole of its territory under effective control of its Government. All Government officers and members, whether elected or appointed, operating under the authority of the Republic must be members of the Elwynnese Nation, as well as citizens of the Imperial Republic, excepting special and honorary appointees made by the Prince that are subject to the discretion of the Senate.
- The common law, and all other law adopted before this Constitution, remains intact in as much it conforms to the present Constitution.
- The present Constitution is the supreme law of the land. All things repugnant to it are null and void.
- The Republic has ratified the Charter of the Imperial Republic of Shireroth and is bound by it through this Constitution.
Chapter III: Counties and bailiwicks
- The Republic is divided into counties. The Senate determines the number and borders of them. The Senate may delegate legislative, executive or judicial responsibilities to a county administration as may be appropriate.
- Each county is divided into bailiwicks. The Senate determines the number and borders of them. A county administration may delegate any of its authority to a bailiwick as may be appropriate.
- County and bailiwick administrations are tasked with upholding the law of the Republic in the county or bailiwick, providing schooling and health care and maintaining the peace, liberty and security of their inhabitants.
CHAPTER IV: Rights and Freedom
- All persons are born equally free and independent, and have unalienable rights, among which are the enjoyment and defence of life and liberty and pursuing and obtaining happiness and safety.
- No person in the Republic, whether born in the country or brought over from across seas or borders, or any person in the Republic’s protection, may be held, either by law, tradition or other force, to serve any person or entity whatsoever as a slave or labourer, unless bound by the affected person's own clear, objective and continuous consent or by a conviction from an impartial court of law for an act that is an offence under codified or common law in the Republic. No person may, under the same provisions, have his or her freedom, independence or liberty suspended or terminated.
- No person may be condemned to death. The right to life of a person is inviolable.
- No person may be subjected to any torture, whether it be corporal or psychological, or to any degrading treatment under any circumstances, for all persons own the right to security of person.
- Having throughout history longed to know the unknown, all persons enjoy the freedom and right to engage in scientific research, educational activities, all according to law and constitution, and the peaceful practice of religion. No entity of the Republic, the media, nor any individual, nor any group of people or entity may compel a person to adhere to any religion, nor to any religious or irreligious beliefs and practices.
- All persons, being equal to one and another, have the freedom of conscience. They may believe what they will and express such views in a peaceful and considerate manner and not to express them at all. No entity of the Republic, nor any other entity, individual or power, may compel a person to reveal his or her feelings on a matter, whether it be politics, religion or personal. Courts of law may, however, compel persons to reveal facts that are relevant to a case in question.
- Everyone within the Republic has right to, without having to purchase it, recourse to the laws for all injuries and wrongs that he or she may have received in person, property or character. The individual enjoys freedom to obtain right and justice freely in conformity with law.
- Whenever a person is accused or charged in accordance with law with an offence, the person has the right to be presumed innocent until he or she is proved guilty according to law in a trial that is public and impartial.
- All persons, who by free will reside in the Republic, have the freedom of movement in the Republic, to choose their own place of residence within the Republic, subject to the respect of law, and to emigrate to a foreign country that will receive them.
- Whenever any form of government instituted among the People of the Republic becomes so destructive that it refuses to, or is unable to, respect the rights and freedoms afforded the People whom it serves, it is not only the right of the same People, but duty, to alter or abolish the government and to institute a new institutions and systems of rule, respecting the rights and freedoms as through this chapter dictated.
- The government of the Republic is instituted for the advancement, protection and security of the people of the Republic and not, under any circumstances, the particular advantage of any single individual, set of persons, family, or entity, whether within or without the Republic.
- No entity of the Republic may favour or disfavour any individual, set of persons, family, entity or group of entities, because of their views, whether political, irreligious or religious, because of their sex, nationality, colour, creed, ethnicity, cultural or social heritage or status, economical status, partner or partners in love (whether the love between hearts or the love between bodies), or because of any other reason that may be related to that which is listed here, for all, without exceptions, are equal before the law, are afforded the equal protection of the law, and enjoy the same obligations under the law.
- The legislative powers of the Republic are entrusted to the Senate of the Republic, with the advice and consent of the Congress of the Republic.
- The Senate elects its members, known as Senators, in a manner established by its Rules.
- The Senate may elect a President for itself. Should no President be elected, the Prince or his deputy shall preside over the Senate. The presiding officer shall not have a vote unless it is to break a tie.
- Senators shall not be held liable outside the Senate for any speeches, debates or votes cast in the Senate.
- The Senate shall normally meet in public. If the Senate so resolves, it may meet in private, provided that all measures passed by it are immediately released, and that within six calendar months the full records must be released to the public.
- The Senate decides its own rules of procedure and election.
- The Senate may conduct investigations in relation to government and may demand the presence and testimony of witnesses and the production of records.
- The Senate shall safeguard the liberties, rights and freedoms of the People.
- The Senate makes law for the peace, order and good government. As such the Acts of Senate compliment the common law of the Republic.
- The Senate declares war and makes peace.
- The Senate establishes the budget of the Republic’s Government and is authorized to make law on taxation.
- The Senate defines the borders of the counties and the Republic’s territories and integrates new lands to the Republic.
- The Senate is authorized to surrender sovereign land to foreign powers, provided that a two-thirds' majority of the Senate with the concurrence of the Prince agrees to such surrender.
- The Senate makes law for the commerce between the counties or Republic territories, or between the Republic and a foreign power.
- The Senate shall make law on all other matters incidental to the execution of any power under this Charter, the Senate, the Prince or the courts of law.
- The Elwynnese Congress is elected by the Elwynnese Nation every three years. The manner and method of election is determined by an Act of Senate.
- The Congress shall scrutinize the institutions of the Republic, and act as an arbiter should there be conflicts between them.
- The advice and consent shall be sought from the Congress by the Senate before an adoption of legislation.
CHAPTER VII: Prince
- The executive powers of the Republic are entrusted to the Prince of the Republic who exercises them with the advice of the Councillors of Eliria.
- The Prince has the power of decree in matters of military affairs, policiary affairs, foreign affairs, communications, census and statistics, immigration, border security, energy, asylum, naturalization of foreigners or in other matters delegated to him by the Senate. These powers may be delegated by the Prince to departments and must be so delegated before planned periods of leave if no Steward has been appointed.
- The Prince has the power to appoint Councillors to the Council of Eliria. Councillors may serve as general advisors, and may be appointed to ministerial roles. Councillors shall have the power to manage their own departments, create their own sub-departments, and appoint their own staff as required. When the Councillors act in the Prince's name, they do so as the Court of the Prince.
- Every four years the Prince shall enumerate the total number of nationals and residents in the Republic and shall record their names and places of domicile. The Court of the Prince may also record other statistics as it deems necessary. No one shall be compelled to provide information of the latter kind.
- The term of office of the Prince is at maximum four years. Before the end the Senate shall elect a Prince for the next term.
- The term of office of the Prince ends upon the end of the four-year period, upon his death, resignation from office or removal from office by an act of impeachment of the Senate (which shall require three fourths' majority).
- Upon taking office, the Prince shall appoint from among the Senators a Steward. The Steward shall act in the Prince’s name whenever the Prince is absent or during a period of sede vacante of the Prince.
CHAPTER VIII:Judicial powers
- The judicial powers of the Republic are entrusted to the Senate, unless the Senate decides to establish courts of law, in which case the judicial powers of the Republic are entrusted to them.
- Judicial decisions are appealed to the Imperial Judex.
CHAPTER IX: Contingencies
- Should the Republic find itself involved in an external conflict, natural disaster or civil emergency, or exposed to the danger of such, the Prince or the President of the Senate may convene the Senate via special notice outwith the Capital.
- If the Republic is involved in an external conflict, natural disaster or civil emergency, and consequently either the Prince or the Senate are prevented from carrying out their duties, the such Senators as may assemble in any place together may elect a Prince or Steward as necessary.
- If the Republic is involved in an external conflict, natural disaster or civil emergency, the Prince may arrange mitigating actions, as appropriate, without seeking the approval of the Senate, if deferment of such an agreement would otherwise imperil the Republic.
- Each public authority in occupied or otherwise compromised areas shall act in a manner that best serves defence efforts, or appropriate mitigating actions, as well as the protection of the population and the Elwynnese interests at large. In the event of an area being occupied by a foreign power, under no circumstances may any public authority take any action which imposes upon a citizen of the Republic the duty of rendering assistance to such a power. Neither may elections may be held in such occupied areas.
CHAPTER X: Final provisions
- The present Constitution repeals and replaces the Constitution of the Elwynnese Union, as enacted by Prince Nathaniel and amended by subsequent rulers.
- The present Constitution is amended by a vote of two-thirds’ majority of the Senators present during a vote of the Senate, provided that the Prince concurs with the amendments in a decree.
CHAPTER XI: Transitional provisions
- Upon adoption of this Constitution, Vilhjálm Daniel Gudrödar Ayreon-Kalirion ibn al-Majeed bin Sathrati of Waffel-Paine shall be the Prince of Elwynn for a one-year period.
- The original members of the Senate are Vilhjalm Daniel Gudrödar Ayreon-Kalirion ibn al-Majeed bin Sathrati of Waffel-Paine, Armin Jamal-Arminzadeh, Daniyal Sikander XXI Dravot Sahib, and Heath Jared Belledin.
- Congress will only be simulated, advice and consent will always be given to things passed by Senate
- Elwynnese calendar used.