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 The Constitution

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PostSubject: The Constitution   26th October 2012, 17:53





Preamble
We the members of this Region, desire to be federally united into One Dominion under the Crown of His Sovereign Majesty, King George William Lutheran I of the Commonwealth of Kings. Such a Union would conduce to the Welfare of the Region and the realm, and promote the Interests of the Commonwealth Empire.
We the members solemnly pledging ourselves to strengthen the sovereignty of The Commonwealth of Kings, to secure the blessings of liberty, to ensure justice and tranquillity and to enhance the unity, happiness and well being of the people for all time;
We (Monarchy, Ministers, Subjects, and Citizens) do hereby ordain and adopt this Constitution for the Commonwealth of Kings on the First Day of January the Year Two Thousand and Thirteen.

Article 1: Forum Citizenship
Section 1.1) A nation who applies for Forum citizenship shall;
Sub- Section 1.1.1) Not have any records of imprisonment for criminal offences within another region;
Sub- Section 1.1.2) Be able to speak and write English;
Sub- Section 1.1.3) Have a good knowledge of the culture, customs, traditions as well as the Laws of The Commonwealth of Kings;
Sub- Section 1.1.4) Not have multiple Puppet Accounts within the Region.

Article 2: The King - Sovereign Head of State and Monarch of the Crown Dependencies
Section 2.1) The role of Head of State in the Commonwealth of Kings and its Crown Dependencies is held by the Sovereign; King George William Lutheran I of Lalucia.
Section 2.2) On the death of the Sovereign (Cease to exist), He or She shall be succeeded by the sitting WA Delegate.
Section 2.3) As Sovereign in right of the Commonwealth of Kings, the Sovereign is also Head of State in the “Crown Dependencies if any exist.
Section 2.4) The Sovereign’s powers, known as Royal Prerogative, include the following;
Sub-Section 2.4.1) The power to dismiss or appoint a Prime Minister in the region and a Governor in a Crown Dependency.
Sub-Section 2.4.2) The power to dismiss or appoint other Ministers and Officers.
Sub-Section 2.4.3) The power to summon and prorogue Parliament.
Sub-Section 2.4.4) The power to grant or refuse Royal Assent to Legislative Bills.
Sub-Section 2.4.5) The power to command the Armed Forces of The Commonwealth of Kings and its Crown Dependencies.
Sub-Section 2.4.6) The power to issue and revoke citizenship.
Sub-Section 2.4.7) The power to grant Prerogative of Mercy.
Sub-Section 2.4.8 ) The power to grant Honours and Titles.
Sub-Section 2.4.9) The power to appoint a Lord Chief Justice.
Sub-Section 2.4.10) The power to ratify and make treaties.
Sub-Section 2.4.11) The power to declare War and Peace.
Sub-Section 2.4.12) The power to deploy the Armed Forces overseas.
Sub-Section 2.4.13) The power to credit and receive diplomats.
Section 2.5) The King has to remain strictly neutral with regards to political matters which would include, not being able to vote, or stand for election.
Section 2.6) The King must instruct, advise or warn the ruling party if they fail to meet the regional requirements of governing.

Article 3: Parliament
Section 3.1) Parliament is the supreme law-making body in the Commonwealth of Kings.
Section 3.2) A Draft Law is known as a Bill.
Section 3.3) A Bill passes into law, provided it has been passed by Members of Parliament, and provided it has received Royal Assent.
Section 3.4) A Bill can be proposed by any Member of Parliament, with a forum membership.
Section 3.5) Once the Lord Chief Justice finds a Bill Constitutional, it will be moved by the Speaker of Parliament who is also the Lord Chief Justice for debate.
Section 3.6) A Bill, once motioned by two (2) Members of Parliament, may be moved for Voting by the Speaker of Parliament.
Section 3.7) Voting on Legislative Bills will be conducted over a period of three (3) days.
Section 3.8 ) The Speaker, with the support of two (2) Members of Parliament may extend the Voting Period to up to five (5) days only, after which, if passed, must be sent to the Sovereign for Royal Assent.
Section 3.9) Crown Dependencies share the same Parliament as with the Commonwealth of Kings.
Section 3.10) Acts passed by Parliament will be binding upon Crown Dependencies, unless otherwise decided by His Sovereign Majesty.
Section 3.11) Crown Dependencies may propose their own Bills as long as it does not conflict with the Constitution.    

Article 4: His Majesty’s Government
Section 4.1) His Majesty’s Government is the Executive Authority of The Commonwealth of Kings.
Section 4.2) It consists of the Prime Minister and Ministers of the Crown.
Section 4.3) His Majesty’s Government shall be headed by the Prime Minister.
Sub-Section 4.3.1) The Prime Minister (PM) is the Head of Government, and manages the Ministers of the Crown.
Sub-Section 4.3.2) The Prime Minister, may at his/her discretion, create any new Ministry and assign duties that are within the bounds of the Governments Administrative Powers.
Sub-Section 4.3.3) The Prime Minister is appointed from amongst the Political Party, who have received the most votes in a General Election.
Sub-Section 4.3.4) Upon the appointment of the Prime Minister, the Sovereign instructs the Prime Minister to form a Government. This usually occurs after a General Election.
Sub-Section 4.3.5) In the event, the PM’s party does not win in the next General Elections; he/she is expected to resign as PM. If the PM does not resign, the Sovereign must dismiss the PM.
Sub-Section 4.3.6) If a PM is considered “Incompetent” he/she may be forced out of office by a majority vote of the Ministers of The Crown.
Sub-Section 4.3.7) In the event a PM is forced out of Office, a new one must be elected in an emergency election, called by the Sovereign. The Sovereign has the Authority to approve or reject the candidate, forcing another emergency election. The winning party’s candidate shall serve for the duration of the term.
Sub-Section 4.3.8 ) The Prime Minister has no power over Crown Dependencies, nor may the Prime Minister instruct his/her Ministers to interfere with the governance of Crown Dependencies.
Section 4.4) Crown Dependencies may elect their own Government, after the Sovereign appoints the Governor.

Article 5: Ministers
Section 5.1) Ministers are appointed by the Prime Minister after each general election.
Section 5.2) Ministers may be appointed to serve multiple terms.
Section 5.3) In order for a member to hold a Ministers position, he/she MUST have a forum membership account.
Section 5.4) Responsibilities and duties are assigned by the Prime Minister.

Article 6: Finances
Section 6.1) The Royal Treasury shall be directed and managed by the Monarchy.

Article 7: Judiciary
Section 7.1) The Judiciary is made up of one (1) legal Jurisdiction, namely; The Supreme Court of the Commonwealth of Kings and is established three (3) days after the Government has been created.
Section 7.2) The Judiciary shall safeguard, uphold, and administer Justice fairly and independently without fear, favour, or undue delay in accordance with the Rule of Law to inspire trust and confidence and to enhance access to Justice.
Section 7.3) No member of The Royal Family may be taken to court.
Section 7.4) The Lord Chief Justice shall be appointed by The Monarchy and head the Supreme Court.
Section 7.5) The Judiciary may not hold office in The Executive Government or hold multiple offices in the Commonwealth of Kings except being automatically appointed as Speaker of Parliament.
Section 7.6) The Supreme Court shall aim to strive to deliver fair and equitable decisions. It shall all the while not aim at restricting the rights and national sovereignty of nations.
Section 7.7) It is an International Court and shall only deal with inter-nation disputes or cases.
Section 7.8 ) The Supreme Court has no authority to interfere with national decisions and cannot attempt to judge a case on national matters.
Section 7.9) The main functions of the Supreme Court are to give advisory opinions on legal questions submitted to it by duly authorized international organs, or agencies, as well as to settle legal disputes submitted to it by member nations.
Section 7.10) The Lord Chief Justice shall be responsible for checking the Constitutionality of all Bills proposed by Members of Parliament. Once the Lord Chief Justice finds the Bill Constitutional the Bill will be moved for debate.
Sub- Section 7.10.1) The Lord Chief Justice is appointed by the King.
Sub- Section 7.10.2) Only The Sovereign can appoint a temporary judge to stand in during a case if possible conflict of interest occurs.
Sub- Section 7.10.3) The procedure of the Supreme Court is as follows;

  1. Paragraph 7.10.3.1) Submitting a Complaint
    Sub-Paragraph a) The Complainant submits his/her complaint in the "Complaints" section of the Forum
    Sub-Paragraph b) The Lord Chief Justice after informing the defendant of the complaint, must ask the Defendant to plead Guilty or Not Guilty.
    Sub-Paragraph c) If the Defendant pleads Guilty; the Lord Chief Justice must convene in the Judges Debating section of the Forum, and reach a reasonable sentence.
    Sub-Paragraph d) If the Defendant pleads Not Guilty, then the Lord Chief Justice must declare the Supreme Court open, and hear the case of the Complainant and the Defendant.
    Sub-Paragraph e) If the Complainant and Defendant has no more evidence to bring before the Supreme Court, then the Lord Chief Justice must adjourn the case until a verdict is reached.
    Sub-Paragraph f) Debates may only take place in the Judges debating Hall on the Forum.
    Sub-Paragraph g) Each case will be assign a Case Number for example; Case year/number.
    Sub-Paragraph h) Once a verdict has been reached, it must be posted in the Complaints section for the Complainant and the Defendant to view.
    Sub-Paragraph i) The verdict must then be posted on the RMB by the Lord Chief Justice for all to see.
    Sub-Paragraph j) The guilty party has 5 (five) days to appeal the verdict.

Sub- Section 7.10.4) If it is a case of Nation vs. Nation then each nation can choose to appoint a legal representative or represent them-selves.
Sub- Section 7.10.5) If it is a case of The Region vs. Nation then the Government must appoint a representative and the nation can choose to do so or represent themselves.
Sub- Section 7.10.6) In an advisory case then the Lord Chief Justice shall hear the case and issue his/her advice based on the laws of the region.
Sub- Section 7.10.7) All nations shall be equal before the Supreme Court.
Sub- Section 7.10.8 ) The Supreme Court could be petitioned to review laws as well.

Section 7.11) Principles of the Supreme Court
Sub- Section 7.11.1) Everyone charged with a criminal offence shall have the right to be presumed innocent until proved guilty according to law.
Sub- Section 7.12.1) In the determination of any criminal charge against a nation, the nation shall be entitled to the following minimum guarantees, in full equality:
Sub- Section 7.12.2) To be informed promptly and in detail of the nature and cause of the charge against said nation;
Sub- Section 7.12.3) To have adequate time and facilities for the preparation of said nations defence;
Sub- Section 7.12.4) To be tried without undue delay;
Sub- Section 7.12.5) Not to be compelled to testify against itself or to confess guilt.
Sub- Section 7.12.6). Nations convicted of a crime shall have the right to their conviction and sentence being postponed or delayed if they can provide more evidence proving their innocence.
Sub- Section 7.12.7) When a nation has been convicted of a criminal offence the following sentencing may be issued;

    Paragraph 7.12.7.1) Treason: The accused nation is banned from the region immediately; Paragraph 7.12.7.2) False accusations against a Member Nation: A strict written warning made public will be issued; Paragraph 7.12.7.3) Disrespect to a fellow Member Nation: A strict written warning made public will be issued; Paragraph 7.12.7.4) The Accused stirs up unrest within the region: The accused is ejected, but not banned from the regionParagraph 7.12.7.5) The Lord Chief Justice of the Supreme Court may also use his/her discretion to create another disciplinary action.

Sub- Section 7.12.8 ) In the event the accused nation is pardoned on the ground that a new or newly discovered fact shows conclusively that there has been a miscarriage of justice, or that the accusations made against the nation is false, the nation who has suffered punishment as a result of such conviction shall be compensated in the form of a written notice made public, excusing the accused and also apologizing on the regions behalf.
Sub- Section 7.12.9) No nation shall be liable to be tried or punished again for an offence for which the nation has already been finally convicted or acquitted, unless new evidence is presented to the Lord Chief Justice in which they are able to use their discretion to re-open the case.
Sub- Section 7.12.10) The Sovereign has the power to pardon a nation on the basis of his discretion. The King has the power to eject or ban a nation on the advice of The Lord Chief Justice.

Article 8: Court of Appeal
Section 8.1) The Court of Appeal shall be headed by the Sovereign.
Section 8.2) In the event a member is found guilty by the Supreme Court, the guilty party will have 3 days to appeal his/her sentence.
Section 8.3) The Sovereign, after reviewing the case and the sentencing, could either grant the applicant Appeal, or deny it.
Section 8.4) In the event the Sovereign grants the applicant Appeal, the case must be heard by the Sovereign who then enforces the sentencing of the Supreme Court if the Sovereign finds the applicant guilty, or the applicant may be pardoned of his/her crimes.
Section 8.5) In the event the Sovereign denies Appeal, the sentencing of the Supreme Court will be enforced.

Article 9: Electoral System
Section 9.1) Regional Elections are held on the first (1) day of every second Month.
Section 9.2) The Lord Chief Justice has to publicly declare the dates for regional elections within the Region as well as in the Crown Dependencies.
Section 9.3) The Sovereign has to publicly dissolve Parliament a day before the voting stations open.  
Section 9.4) An extension to the voting period may be granted by the Sovereign only in special situations.
Sub-Section 9.4.1) Special Situations in this context refers to the Sovereigns Reasons.
Section 9.7) Members wishing to be appointed as the Lord Chief Justice must telegram The Sovereign who will then appoint the successful candidate into the position.
Section 9.8 ) Only Political Parties within the region may run for the position of Prime Minister.
Section 9.9) Citizens within Crown Dependencies are allowed to vote for a Political Party of their choice.

Article 10: Political Parties
Section 10.1) There shall exist a Multi-Party System within the Region.
Section 10.2) Once the parties have been established, they are to elect amongst themselves a party leader, who will stand as Prime Minister once the Party wins the elections.
Section 10.3) Political Parties may change their leader before any general election.
Section 10.4) Political Parties may recall their candidate if the party feels their views are not being expressed via the elected candidate. This will lead to an Emergency Election being called.
Section 10.5) Political Parties must meet the following requirements before qualifying as a Political Party;
Sub-Section 10.5.1) Have a Party Leader (Spokesperson representing the party)
Sub-Section 10.5.2) Party Chair (Responsible for recruiting and retaining party members, and chairs party meetings)
Sub-Section 10.5.3) Have three or more members.
Section 10.6) The party who wins the second most votes, will be styled the Official Opposition.
Section 10.7) The Prime Minister may appoint from his/her party, members to serve as Ministers within the Government or may appoint members from different parties.
Section 10.8 ) Political Parties have the freedom to form, declare membership in, or campaign for candidates.
Section 10.9) Political Parties will not be able to run for election if said political party’s membership falls below three.
Section 10.10) Political parties will be closed down if they promote division within the region, or speaks ill against the Monarchy.
Section 10.11) Political Parties will not be prohibited from criticising their opposition or their competition, but will be prohibited from spreading lies or making false accusations against another party in order to gain votes.
Section 10.12) Party Leaders have to campaign on behalf of their Political Parties in order to stand for election. Failure to do so will disqualify the party from standing for election.
Section 10.13) Political Parties, who have not received enough votes, may form a Coalition.
Section 10.14) A Coalition may be created if the two or more parties agree to reduce the dominance of any one party within that coalition.
Section 10.15) Coalitions should operate in the same manner as individual political parties as stated in Section 10.5.

Article 11: Vote of No Confidence
Section 11.1) Any member of Parliament may call for a Vote of No Confidence in any member of Government except in The Sovereign.
Section 11.2) A Vote of No Confidence will only pass if supported by 1/3 of Members who participate in a Forum created poll.
Section 11.3) If a Vote of No Confidence is called in the Prime Minister, and is passed, emergency elections must be called.
Section 11.4) Citizens within a Crown Dependency may call for a Vote of No Confidence within their appointed Governor, if 50% of the Crown Dependency’s population votes in favour.
Section 11.5)
Section 11.6) If a Vote of No Confidence is passed in Governor, the Monarchy has to appoint a new Governor within three (3) days, or risk the region appointing their own.

Article 12: Succession from The Commonwealth of Kings
Section 12.1) Succession from the Commonwealth of Kings may only pass if 2/3 of the Crown Dependencies population votes in favour, along with 2/3 of the Commonwealth of Kings’ population also voting in favour.
Section 12.2) After the votes have been received, the Monarchy may decide to grant or deny succession.
Section 12.3) In the event another referendum is called for succession, and it produces the same amount of votes, the Monarchy will be forced to grant said region succession.

Article 13: Colonisation
Section 13.1) The Commonwealth of Kings may, under the orders of the Monarchy extend its boarders to include other regions wishing to join the Commonwealth realm as crown Dependencies.
Section 13.2) Crown dependencies will retain their independence to an extent as outlined within their Constitution.
Section 13.3) Crown Dependencies shall swear allegiance to the Commonwealth Monarch, currently King George William Lutheran I of the United Kingdom of Lalucia.
Section 13.4) The King appoints a Secretary-General in each crown Dependency, who exercise His Executive Powers.
Section 13.5) The Secretary-General must liaise with the Monarchy on all matters affecting the region.
Section 13.6) The Commonwealth Royal Defence Force may not invade a territory with the intention of establishing a Crown Dependency.
Section 13.7) Diplomacy may be used, or new regions may be re-founded and listed as a Crown Dependency.
Section 13.8 ) Recruitment shall be the responsibility of each Crown Dependency.
Section 13.9) There will exist no restrictions on the number of Crown Dependencies the Commonwealth of Kings may have.
Section 13.10) Crown Dependencies will be managed under the Legal System of the Commonwealth of Kings.
Section 13.11) all Crown Dependencies shall adopt the Crown Dollar C$ as their regional currency.
Section 13.12) Defence of all Crown Dependencies is the responsibility of the Commonwealth of Kings, and may be used as Military Bases.  

Article 14: Symbols and Insignia
Section 14.1) The Official Flag of the Commonwealth of Kings shall be the St Georges flag. In each corner of the flag shall be a golden lion which represents the vastness of the region, which shall stretch from region to region. The flag shall be divided into four squares by the St Georges Cross. A Crown shall be placed in the center of the flag, on the Cross to represent the Monarchy.
Section 14.2) Each Crown Dependencies has been granted its own Coat of Arms by the Monarchy. The flag of each Crown Dependency follows the Blue Ensign design, with the St. Georges flag in the canton, and the territory’s Coat of Arms in the fly.

Article 15: Constitutional Amendments
Section 15.1) Amendments to the constitution may only pass with a 2/3 majority of Parliament.
Section 15.2) After a vote in favour of the amendments, it must receive Royal Assent before the changes may take effect.  

Article 16: Oath or Affirmation
Section 16.1) When members of Government are sworn into their positions, they are to swear the following (this include Secretary-Generals and Officers;

Oath or affirmation of allegiance:
I................... do swear (solemnly affirm) that I will be faithful and bear true allegiance to the Sovereign of The Commonwealth of Kings, His heirs and successors, in the office of (here insert the description of the office) according to law.
So help me God (to be omitted in affirmation)

Section 16.2) When members of the Judiciary are sworn into a position, they are to swear the following;
I...................... do swear (or solemnly affirm) that I will well and truly serve the Sovereign of The Commonwealth of Kings, His heirs and successors in the office of a Judge in the Supreme Court, and I will do right to all people according to the rule law without fear or favour, affection or ill will.
So help me God. (To be omitted in Affirmation)


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