Difference between revisions of "Lawbook"

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===Section A===
 
===Section A===
  
1. This Book is the Lawbook. All acts adopted by the Landsraad shall be recorded in full in this Book.
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1. This Book is the Lawbook. All acts adopted by the [[Landsraad]] shall be recorded in full in this Book.
  
 
2. All Treaties ratified by the Landsraad shall be affixed to this Book.
 
2. All Treaties ratified by the Landsraad shall be affixed to this Book.
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3. Decisions of the Landsraad to levy tax shall be affixed to this Book.
 
3. Decisions of the Landsraad to levy tax shall be affixed to this Book.
  
4. Decisions of the Landsraad to repeal a Kaiser's decree shall be affixed to this book.
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4. Decisions of the Landsraad to repeal a [[Imperial Decree|Kaiser's decree]] shall be affixed to this book.
  
 
5. Legislative agreements between the Landsraad and the Kaiser shall be affixed to this book.
 
5. Legislative agreements between the Landsraad and the Kaiser shall be affixed to this book.
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1. A law adopted by the Landsraad is, for the purposes of this Book, a federal commonwealth law.
 
1. A law adopted by the Landsraad is, for the purposes of this Book, a federal commonwealth law.
  
2. A law decreed by the Kaiser is, for the purposes of this Book, an imperial law.
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2. A law decreed by the [[The Kaiser|Kaiser]] is, for the purposes of this Book, an imperial law.
  
==Chapter 2: Imperial States==
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==Chapter 2: Imperial States and Citizenship==
  
===Section A: Listing===
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===Section A: The Imperial States===
  
1. The Imperial States of Shireroth are the Kingdom of Aryasht, the Elwynnese Union, the Duchy of Goldshire and the Kingdom of Lichbrook.
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1. The [[Subdivision#Imperial States|Imperial States]] of [[Shireroth]] are the [[Elwynn|Elwynnese Union]], the [[Goldshire|Kingdom of Goldshire]], and the [[Lichbrook|Kingdom of Lichbrook]].
  
2. In federal commonwealth legislation, the short names, nationality adjective of the Imperial States are:
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2. For the purposes of Imperial Level legislation, the long names, the short names, and the nationality adjectives of the Imperial States shall be:
  
(long name - short name - adjective)
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'''Long Name - Short name - Adjective'''<br>
 +
Elwynnese Union - Elwynn - Elwynnese;<br>
 +
Kingdom of Goldshire - Goldshire - Goldshirian;<br>
 +
Kingdom of Lichbrook - Lichbrook - Lichbrookian.
  
the Kingdom of Aryasht - Aryasht - Aryashti
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3. Should an Imperial State change its name, the head of such an Imperial State or zir accredited representative may inform the [[Prætor]] of such change and in such case the Prætor shall have the authority and duty to amend this Section to reflect the changes to the Imperial State in question.
  
the Elwynnese Union - Elwynn - Elwynnese
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4. The territory of an [[Subdivision#Imperial States|Imperial State]] shall be, in addition to its lands, be defined to include all internal waters, including any permanent ice, within that Imperial State, as well as the territorial sea of such Imperial State.
  
the Duchy of Goldshire – Goldshire – Goldshirian
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5. Airspace above its lands, its internal waters and its territorial sea shall also be part of the territory of any Imperial State.
  
the Kingdom of Lichbrook - Lichbrook - Lichbrookian
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6. The territorial sea of each Imperial State shall extend 24 kilometers from the coast baseline and shall include any permanent ice within that distance.
  
3. Should an Imperial State change its name, the head of State or zir accredited representative may inform the Prætor of such change, in which case the Prætor has the authority and duty to amend Section A, subsection 1 and 2 to reflect the changes of the Imperial State in question.
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7. In any case where the maritime territorial sea of an Imperial State would overlap with the territorial sea of another State - Imperial or foreign - or with that of an Imperial Dominion, the median point between the baselines of the Imperial State and the foreign State or Imperial Dominion shall be taken to be the border of the territorial sea, unless agreed otherwise by treaty, or an agreement made under a relevant existing treaty, between the Imperial Republic of Shireroth and the foreign State in question or the Imperial Government and the Imperial State in question.
 +
 
 +
8. The coast baseline of an Imperial State as well as that of an Imperial Dominion shall be determined in accordance with Article 5 of the [[http://bastionunion.org/forum/viewtopic.php?f=1292&t=16659 MTO's Convention on the Laws of the Seas]].
  
 
===Section B: Citizenship===
 
===Section B: Citizenship===
  
1. Any citizen or national of an Imperial State is recognized by federal commonwealth law to be a citizen of the Imperial Republic.
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1. The [[The Kaiser|Kaiser]] is empowered to naturalise persons and grant them citizenship of the [[Imperial Republic]].
 +
 
 +
2. The Kaiser may delegate this power to be held in commission and exercised by His Minister, the [[Minister of the Interior]], subject to his discretion and oversight.
 +
 
 +
3. Citizens of the Imperial Republic enjoy the freedom to domicile and seek residency wherever they wish in the Imperial Republic, subject to approval by an appropriate lawful authority. A citizen may request permission to reside in either an [[Subdivision#Imperial States|Imperial State]] or an [[Subdivision#Imperial Dominions|Imperial Dominion]] of his or her choice.
 +
 
 +
a. The right to grant or deny residency is a prerogative that is the exclusive preserve of the lawful authority. The lawful authorities being:
  
2. Nothing in this section may be construed to imply that a citizen or national of one Imperial State may claim any rights in an Imperial State in which zie is not a citizen or national.
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i. The Governments of the Imperial States acting in accordance with their domestic law; and<br>
 +
ii. The Kaiser, and those to whom he may delegate authority, in regards to the Imperial Dominions.
  
3. Should a citizen or a national of an Imperial State lose zir citizenship or nationality in that Imperial State and, zir having no other citizenship in any other Imperial State, the loss of citizenship or nationality in the Imperial State shall be recognized as loss of citizenship of the Imperial Republic.
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b. Should an application for residency be denied by any lawful authority, the citizen shall be deemed to be resident in Shirekeep until or unless the citizen finds an alternative domicile.
  
4. The concept of citizenship of the Imperial Republic, or Shirerithian citizenship, is solely for federal commonwealth law.
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4. Citizens of the Imperial Republic enjoy the freedom of movement within the Imperial Republic, subject to such measures and restrictions as may, from time to time, be enacted by lawful authorities in order to preserve the safety, security and societal harmony of their respective jurisdictions.
  
5. This Book recognizes the power of the Kaiser to naturalize persons and grant them citizenship of the Imperial Republic outside the scope of the Imperial States.
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5. No citizen may have his or her citizenship revoked by any lawful authority except by the Kaiser, or the Minister of the Interior acting in his name, as a consequence of a penalty incurred for a felony or tresspass, contrary to law, of which the citizen has been found guilty by a properly constituted court of law, here to be taken to mean the [[Imperial Judex]] or any subsidiary court derived thereof.
  
 
==Chapter 3: Imperial Judex==
 
==Chapter 3: Imperial Judex==

Revision as of 07:53, 2 October 2016

For older versions of the Lawbook, see Imperial Code of Law (pre-5281), Imperial Code of Law (pre-4252), Lawbook of Shireroth (pre-4028), and Lawbook of Shireroth (old).


The authorative copy of the Lawbook is to be found in the Landsraad.

This edition accurate at 5595 ASC.

Lawbook of Shireroth

Chapter 1: On the Lawbook

Section A

1. This Book is the Lawbook. All acts adopted by the Landsraad shall be recorded in full in this Book.

2. All Treaties ratified by the Landsraad shall be affixed to this Book.

3. Decisions of the Landsraad to levy tax shall be affixed to this Book.

4. Decisions of the Landsraad to repeal a Kaiser's decree shall be affixed to this book.

5. Legislative agreements between the Landsraad and the Kaiser shall be affixed to this book.

Section B

1. A law adopted by the Landsraad is, for the purposes of this Book, a federal commonwealth law.

2. A law decreed by the Kaiser is, for the purposes of this Book, an imperial law.

Chapter 2: Imperial States and Citizenship

Section A: The Imperial States

1. The Imperial States of Shireroth are the Elwynnese Union, the Kingdom of Goldshire, and the Kingdom of Lichbrook.

2. For the purposes of Imperial Level legislation, the long names, the short names, and the nationality adjectives of the Imperial States shall be:

Long Name - Short name - Adjective
Elwynnese Union - Elwynn - Elwynnese;
Kingdom of Goldshire - Goldshire - Goldshirian;
Kingdom of Lichbrook - Lichbrook - Lichbrookian.

3. Should an Imperial State change its name, the head of such an Imperial State or zir accredited representative may inform the Prætor of such change and in such case the Prætor shall have the authority and duty to amend this Section to reflect the changes to the Imperial State in question.

4. The territory of an Imperial State shall be, in addition to its lands, be defined to include all internal waters, including any permanent ice, within that Imperial State, as well as the territorial sea of such Imperial State.

5. Airspace above its lands, its internal waters and its territorial sea shall also be part of the territory of any Imperial State.

6. The territorial sea of each Imperial State shall extend 24 kilometers from the coast baseline and shall include any permanent ice within that distance.

7. In any case where the maritime territorial sea of an Imperial State would overlap with the territorial sea of another State - Imperial or foreign - or with that of an Imperial Dominion, the median point between the baselines of the Imperial State and the foreign State or Imperial Dominion shall be taken to be the border of the territorial sea, unless agreed otherwise by treaty, or an agreement made under a relevant existing treaty, between the Imperial Republic of Shireroth and the foreign State in question or the Imperial Government and the Imperial State in question.

8. The coast baseline of an Imperial State as well as that of an Imperial Dominion shall be determined in accordance with Article 5 of the [MTO's Convention on the Laws of the Seas].

Section B: Citizenship

1. The Kaiser is empowered to naturalise persons and grant them citizenship of the Imperial Republic.

2. The Kaiser may delegate this power to be held in commission and exercised by His Minister, the Minister of the Interior, subject to his discretion and oversight.

3. Citizens of the Imperial Republic enjoy the freedom to domicile and seek residency wherever they wish in the Imperial Republic, subject to approval by an appropriate lawful authority. A citizen may request permission to reside in either an Imperial State or an Imperial Dominion of his or her choice.

a. The right to grant or deny residency is a prerogative that is the exclusive preserve of the lawful authority. The lawful authorities being:

i. The Governments of the Imperial States acting in accordance with their domestic law; and
ii. The Kaiser, and those to whom he may delegate authority, in regards to the Imperial Dominions.

b. Should an application for residency be denied by any lawful authority, the citizen shall be deemed to be resident in Shirekeep until or unless the citizen finds an alternative domicile.

4. Citizens of the Imperial Republic enjoy the freedom of movement within the Imperial Republic, subject to such measures and restrictions as may, from time to time, be enacted by lawful authorities in order to preserve the safety, security and societal harmony of their respective jurisdictions.

5. No citizen may have his or her citizenship revoked by any lawful authority except by the Kaiser, or the Minister of the Interior acting in his name, as a consequence of a penalty incurred for a felony or tresspass, contrary to law, of which the citizen has been found guilty by a properly constituted court of law, here to be taken to mean the Imperial Judex or any subsidiary court derived thereof.

Chapter 3: Imperial Judex

Section A: Arbitration

1. When the Imperial Judex arbitrates disputes between Imperial States, the Imperial Judex employs the rules of Section B, unless the Imperial States in dispute all agree to arbitration of another ruleset, in which case such ruleset shall be transmitted to the Imperial Judex before proceedings.

2. The Imperial Judex is only forced to arbitrate disputes between Imperial States if both Imperial States agree that there is a dispute to be arbitered. Arbitration in this case is final. Arbitration in the case where not all parties agree that there is a dispute to be arbitered may nonetheless be attemped by the Imperial Judex. The final production of such arbitration is, however, only advisory.

3. Subsections 1 and 2 also apply to disputes between one or more Imperial State(s) and the Imperial Republic and between the Imperial Republic and one or more Imperial State(s).

Section B: Rules in Arbitration

1. When a case for arbitration is submitted by one party ("the claimant" or "submitting party"), the Imperial Judex shall inform all other named parties (also "respondent") to the case of the case. Proceedings shall not begin until all parties have had reasonable time to prepare their cases. The submission of a case, however, shall include the submitting party's claims on the dispute and evidence for said party's claims.

2. The respondent or respondents shall declare before the Imperial Judex whether it agrees that there is a dispute to be arbitered. In case of non-agreement, the respondent shall declare the reasons for that.

3. The respondent or respondents shall then respond with its/their claims and evidence.

4. Exchanges between the Parties may continue for as long as necessary. The object of the Imperial Judex is to arbitrate. In this object, the Imperial Judex proposes solutions to the Parties. Parties shall declare their agreement or non-agreement to the proposed solution and whether any agreement is conditional to constitutional processes in the relevant jurisdiction. If all parties are in agreement of the proposed solution, the Imperial Judex shall declare such solution in a resolution.

5. If the object of subsection 4 fails, the Imperial Judex may consider the evidence of each party to the dispute, and then issue an opinion outlining the Imperial Judex's interpretation of the claims and evidence and, if necessary, rule on the dispute in a judgment.

6. All cases are held before open doors. Unless requested by both Parties, briefs of amicus curiae may be submitted to the Imperial Judex.

Section C: Interpretation of the Charter

1. Any person or personality of standing under the Charter may bring a question of interpretation of the Charter to the Imperial Judex.

2. A person or personality of standing under the Charter shall encompass any office or officer named in the Charter and any institution of legislative, executive or judicial power in an Imperial State. It/zie is the petitioner.

3. A question of interpretation must have relevancy to the petitioner.

4. In any question of interpretation involving a law of any body, conduct by any body or order by any body, the relevant respondent shall be named and shall answer before the Imperial Judex. If there is no relevant respondent, the Imperial Judex shall nonetheless proceed with the case if it finds the petitioner's question to have relevancy.

5. The Imperial Judex shall make an agenda for the hearing and publish it.

6. The petitioner and respondent shall make their submissions and counter-submissions, and more, if requested by the Imperial Judex.

7. Briefs of amicus curiae shall be open for submission. Petitioner and respondent shall not be excluded the right to respond to the submissions.

8. The Imperial Judex shall close the hearing and within reasonable time issue a judgment on the matter.

Section D: By-laws

The Imperial Judex is reserved the right to make by-laws under this chapter for the function of the Imperial Judex, the arbitrations and the hearings.

Chapter 4: Imperial Ministries

Section A: Definition

1. For the proper administration of the Imperial Republic and those affairs not reserved to the Imperial States, there shall be various Imperial Ministries (hereinafter referred to as "Ministries").

2. Each Ministry shall be established in federal commonwealth law by the presence of a Section in this Chapter outlining its proper responsibilities and functions. A Ministry may be disestablished by the removal of its relevant section.

3. Each Ministry shall be headed by a Minister appointed by the Kaiser, in accordance with the Charter. The Minister shall be responsible for ensuring the fulfillment of the responsibilities and functions of zir Ministry as defined in this Chapter. The internal organization of each Ministry shall be the prerogative of its Minister, except where otherwise specified in this Chapter.

4. Each Ministry shall have its headquarters in the Imperial Capital of Shirekeep, unless the Kaiser declares a state of emergency with respect to the safety of the city.

5. The main activities of each Ministry shall take place in those headquarters unless there is an urgent and necessary justification for that activity to take place elsewhere, or it would be manifestly irrational for them to take place in the capital.

Section B: Imperial Ministry of the Exterior

1. The purpose of the Imperial Ministry of the Exterior ("MiniEx") shall be to oversee and implement the foreign policy of the Imperial Republic as directed by, and in cooperation with, the Kaiser, and in line with those treaties to which the Imperial Republic is a party.

2. MiniEx shall have the responsibility to receive the diplomatic communications and ambassadors of foreign powers within the Imperial Capital where possible, as well as to send diplomatic communications and ambassadors to foreign powers, on behalf of the Imperial Republic. [Amended on 5348]

3. MiniEx shall have the responsibility, and the corresponding authority, to negotiate with foreign powers on behalf of the Imperial Republic, and to present the results of such negotiations to the Imperial Government for further action.

4. MiniEx shall have the responsibility to determine, in accordance with stated foreign policy, the priorities of the Imperial Republic in its diplomatic relations, to remain cognizant of the situations in prioritized nations based on publicly available information, and to provide basic analyses of said situations to the officials of the Imperial Republic.

5. MiniEx shall only recognise and make available permanent embassies for foreign powers within the City of Shirekeep.

Section C: Imperial Ministry of the Interior

1. The purpose of the Imperial Ministry of the Interior ("MiniInt") shall be to oversee the publication and dissemination of news and information, from or within the Imperial Republic; the essential administrative tasks related to the functioning of the Imperial Republic; and all economic affairs within the Imperial Republic.

2. MiniInt shall have the responsibility to maintain a registry of all citizens of the Imperial Republic and of essential data relating to each citizen, to be kept current through immigration and emigration records and the periodic taking of a census.

3. MiniInt shall have the responsibility to naturalize persons as citizens solely of the Imperial Republic, and not of any Imperial State, as defined in 2.B.5 of the Lawbook.

4. MiniInt shall have the responsibility to provide notary services for the Imperial Republic, such as administering oaths, attesting or certifying documents, and the witnessing of affidavits.

5. MiniInt shall have the responsibility of providing a legally qualified individual, either in the person of the Minister zirself or of a delegated employee of the Ministry, to serve as attorney general of the Imperial Republic.

6. MiniInt shall have ultimate responsibility for the curation and adjucation of the content of Shireroth's national wiki. In accordance with this duty, the Minister of the Interior shall have sysop access to the wiki.

7. MiniInt shall have ultimate responsibility for the curation and adjucation of the content of the Malarbor announcement box. In accordance with this duty, the Minister of Information shall have granted to zir any required access to the box, as well as any required religious or spiritual access to the voice and will of the mighty tree god.

8. MiniInt shall have the responsibility to maintain the treasury of the Imperial Government.

9. MiniInt shall have the responsibility to award bounties from the treasury to individuals and entities for service to the common good of the Imperial Republic.

10. MiniInt shall have the responsibility to direct and manage the national economic system, to promote its use, and to devise new ways of implementing it.

11. MiniInt shall have the responsibility to serve as registrar for all businesses operating within the Imperial Republic and to ensure the compliance of such businesses with any and all economic procedures and regulations as may exist.

12. MiniInt shall have the responsibility to investigate, at the request of the Imperial Judex or of the judiciary organs of an Imperial State, financial irregularities or misconduct connected to individuals or entities within the Imperial Republic. In accordance with this duty, the Ministry is empowered to audit accounts registered within the Imperial Republic. [Inserted on 5536]

13. MiniInt shall have the ability to appoint deputy ministers to assist the Minister with any duties as assigned in this Section. These deputy ministers may be styled appropriately to their subset of responsibilities (e.g. Treasurer, Curator, Registrar, etc.)

Section D: Imperial Ministry of Sport

1. The purpose of the Imperial Ministry of Sport ("MiniSport") shall be to oversee the development and promotion of sport within the Imperial Republic, and to manage its sports leagues.

Section E: Imperial Ministry of Military Affairs

1. The purpose of the Imperial Ministry of Military Affairs ("MoMA") shall be to oversee and coordinate the Imperial Armed Forces and maintain the ability of the Imperial Republic to defend itself in the event of military hostilities.

2. The duties and responsibilities of MoMA shall be defined via the Martial Code of Shireroth.