Constitution of Francisville

Title 1- The Nation

Article 1: Name

The nation shall be called "The Democratic Duchy of Francisville"

Article 2: Form

The nation is a Duchy and constitutional monarchy and has a head of state known as the Grand Duke or the Grand Duchess.

Article 3: Symbols

The Duchy reserves its national symbols as set by legislation. No person may claim them and they belong to the head of state, government and people of the nation.

Article 4- Calender

The nation uses the Gregorian calendar

Article 5- Cantons

1. The citizens of the duchy are divided into three administrative divisions known as Cantons
2. The administration shall attempt to retain the cantons an equal size as far as possible
3. Cantons are not territorial entities

Article 6- Provinces

1. A declared territory of the Duchy is known as a province
2. A province is declared by the head of state and approved by parliament
3. A province must be an area owned and claimed as part of the Duchy by the head of state or a willing citizen
4. A province shall appoint a Chancellor.

Article 7- Municipalities

1. A municipality is a land area with resident citizens which is not claimed as a territory of the Duchy
2. A municipality may be declared and removed by the head of state or by the executive
3. A municipality may encompass a province
4. A municipality shall appoint a Mayor.

Title 2- Rights of the people

Article 8: Citizenship

Law controls the status of citizenship and its requirements in accordance with this constitution.

Article 9: Religion

1. Every person has the right to believe any religion, faith, belief or spirituality they choose
2. Every person has the right to practise their religion as long as it does not attempt to destroy the religious freedom of another
3. No person may be forced to worship any religion or contribute to any religious acts or ceremonies.
4. The state shall have no official religion
5. An individual has the right to refuse certain activities on grounds of religious or spiritual belief
6. The state has no right to intervene in the appointment of leaders and teachers of any religion.

Article 10: Freedom of speech

1. No person may be denied from expressing their opinions or views in public or parliament
2. All citizens have the right to petition to any public authority
3. No person may be force to say or support something which they do not wish to.
4. There is freedom of the press unless otherwise stated by legislation

Article 11: Equality

1. All people are equal under the law and in life
2. There are no class distinctions within the state
3. No person with a title of nobility may be granted any special public or political privileges.
4. No person may be discriminated against in any way or banned from any right because of race, nationality, sex, sexuality, creed, heritage, culture, religion, faith, morals, politics, ethnicity or any other reason decided by government unless otherwise mentioned in this constitution.

Article 12: Property

1. Every person has the right to own, buy, keep and trade items which are legal within the nation.
2. All items are legal unless stated otherwise by legislation

Article 13: The Home

1. The home is inviolable
2. A search of the home may only take place by virtue of the law and must be performed in the way the law prescribes

Article 14: Political Parties

1. Any citizen may join a political party
2. Any citizen may form a political party

Article 15: Privacy

1. All have the right to bodily privacy.
2. All have the right to secrecy of private correspondence during its transition.
3. All have the right to privacy of personal information.

Article 16: Slavery

No citizen may ever be kept as a slave

Article 17: Organisation, assembly and association

1. Every person has the right to form or associate in an organisation
2. Every person has the right to indoor meet and assemble for legal means
3. No person is bound to join any organisation
4. No organisation is legally bound to take in any person and does not have to disclose any reason for their decision.

Article 18: Information

All citizens have the right to access public information unless denied that right by the virtue of the law

Article 19: Freedom of activities

1. Every person has the right to perform the profession they chose
2. Forced labour, other than community service, is classed as a form as slavery and in hence abolished.
3. Community service is where a person selects work they wish to help the community to help the nation as a form of punishment.
4. Every person has the right to perform any legal activities with any hindrance.
5. Every person has to right to conduct research and experiments except for those decided to be illegal by law.
6. Every person have the right to teach and perform sport and art.

Article 20: Marriage

1. Marriage is a union between two consenting individuals of the age sixteen or above
2. All citizens have the right to marry within the Duchy
3. A marriage must be carried out within a district of the Duchy
4. The practice of marriage is controlled by the law

Article 21: Procreation and childbearing

1. Every person of the age sixteen or above have the right to procreation in a private location
2. All parents have the right to bring up and educate their children in the way they choose
3. Parents are responsible for their children up to the age of the child being sixteen
4. A parent has the right to control the religious freedom and freedom of communication of a their child up to but not including the child’s age of eight.

Article 22: Crime and Justice

1. Every person has the right to a fair trial
2. Every person has the right to have a judge appointed to them
3. Every person has the right to protection in a court of law be that by themselves or by another.
4. Every person has the right to trial by a jury of at least four persons, a constant number to be decided by law.
5. Every person is to treated as innocent until proven to be guilty.
6. Every person has the right to appeal against conviction
7. Every person has the right to remain silent
8. All witnesses have the right to keep their identities secret.
9. All persons have the right to use legally obtained evidence in court.

Article 23: Criminal Resposibility

Nobody under the age of eight may be counted as responsible for a criminal act.

Article 24: Abortion

The act of abortion is illegal unless stated otherwise by law.

Article 25: Suicide

The act of suicide by one's own hand cannot be declared illegal.

Article 26: Foreign Crime

Citizenship of the duchy does not protect a person from facing arrest or punishment for crimes committed in another country.

Article 27: Borders

The right of non citizens to enter the Duchy is controlled by the law.

Title 3- Power and responsibility

Chapter 1- The Monarchy

Article 28: Title

The Head of State is referred to as the Grand- Duke or Grand- Duchess.

Article 29: Diplomacy

The Head of State is the head of diplomatic relations and no international treaty comes into place without their approval.

Article 30: War

The Head of State must approve any declaration of war

Article 31: Dismissal

The Head of State remains in power until their death or abdication.

Article 32: Replacement of the Head of State

1. Once the head of state leaves their position, an inviolable majority public vote is held for their replacement.
2. The head of state must be a citizen
3. All candidates must be a citizen of the duchy for at least four years.
4. All candidates must never have committed a crime.

Article 33: Awards

The Head of State has the power over honours and titles in the Duchy and may appoint and remove them as they please.

Article 34: Money

The Head of State may print money in accordance with legislation

Article 35: Council of State

If they wish, the Head of state may appoint a Council of State of up to five members as their advisory body.

Article 36: Ducal Defence Force

The Head of State is head of the Ducal Defence force

Article 37: Oath

The oath of the Grand Duke/ Duchess is as follows at the time of there coronation "I swear by the nation of Francisville, to obey and respect this constitution, my rights and responsibilities in my position, the power of government, and the rights and freedom of the citizens [so help me God]." [section optional].

Article 38: Land and Local Authority

The Head of State has power of land and local authority as described in articles six and seven

Article 39: Magistrates and Judges

The Head of State appoints magistrates and judges in accordance with legislation and this constitution

Article 40: Speaker

The Head of State shall be the speaker of the Chamber of Deputies.

Article 41: Sole Office

The Head of State may not be the Head of State of any other nation.

Chapter 2- Legislature

Section 1- Parliament

Article 41: The parliament

1. The passing and removal of all laws in vested in the parliament
2. The parliament in unicameral
3. The parliament consists of the Chamber of Deputies
4. The Chamber of Deputies consists of one deputies to every five citizens plus one additional deputy

Article 42: Minimum Meetings

The parliament will meet a minimum of twelve times per year

Article 43: Quorum

The parliament will only be in session with a minimum of fifty percent of the total number of Deputies present

Article 44: Recording of Information

Meetings of parliament are public although may be done by paper or electronic recording of events.

Section 2- Elections

Article 45: Election regulations

1. Elections shall take place once every year
2. Elections will take place over a period of at least twenty-four hours
3. Elections will be secret
4. All those eligible to vote will have one vote each
5. A person may not change their election decision after it has been made
6. Elections must be secret

Article 46: Eligibility to vote

1. Only citizens may vote
2. All citizens may vote unless decided otherwise by law

Article 47: Voting System

The Chamber of Deputies is elected under the system of Single Transferable Voting

Article 48: Eligibility to stand

1. A citizen under criminal punishment may not stand
2. A person shall be eligible to stand for election in accordance with article eleven clause 4
3. Only citizens may stand for election
4. Standing for parliament must be a decision of the individual
5. The Head of State may not stand in a national election

Article 49: Criminal Offences

A member of parliament will vacate their seat if found guilty of a crime

Article 50: Oath of Deputies

All deputies must take the following oath: “I vow to serve the people of Francisville. I shall keep this constitution and the laws of the Duchy I will act upon my own conscience for the good of the nation and its people.”

Section 3- Passing and removal of legislation

Article 51- Legislative Body

The passing and removal of all legislation is exercised by the Chamber of Deputies

Article 52- Constitution

The changing or addition to this constitution is not an act of legislation and is dealt with in the manners described in Title seven of this constitution.

Article 53- Voting equality

All members of parliament have one vote

Article 54- Proposals of legislation

1. Proposals of legislation will consist of a simple for and against policy decision and not have various options
2. If the vote is equal, the bill is automatically rejected
3. Two bills on the same motion will not happen within one month of each other.
4. Upon the passing or removal of legislation, the winning motion will be carried out immediately
5. Bills must be proposed by one deputy and supported by two others to be put forward for voting
6. The Head of State may propose legislation to the parliament

Article 55- Restricted legislation

1. Capital Punishment is hence abolished
2. Civil death is hence abolished
3. The legalisation of universal private firearms ownership is hence abolished
4. Compulsory taxation must be in accordance with macronational law and can only be introduced with two votes.
5. No piece of legislation may conflict with this constitution unless it has been passed in the manner described in article one-hundred-and-nineteen or one-hundred-and-twenty

Chapter 3- Executive and Administration

Section 1- First Minister

Article 56- Executive Title

The executive is known as the First Minister

Article 57- Appointment of the executive

1. The executive must be a citizen
2. The executive shall be a deputy
3. The executive must never have been found guilty of a crime
4. The First Minister is elected by the Chamber of Deputies every six months
5. A candidate for the office of First Minister may not cast a vote for themselves

Article 58- Removal of the executive

1. The executive may be removed by a vote of no confidence in the Chamber of Deputies
2. The executive may be removed by a majority public vote
3. The executive may be removed by the head of state if they are found guilt of a crime.

Article 59: Appointment of Administration

The First Minister appoints one third of the members of the Chamber of Deputies excluding themselves to become members of the administration

Article 60- Oath of Executive

The First Minister will take an oath as follows; "I swear by the nation of Francisville to obey and respect this constitution, my rights and responsibilities in my position, the power of government, and the rights and freedom of the citizens and will act upon my own conscience for the good of the nation and its people."

Section 2- Cabinet

Article 61- Appointment of the administration

1. The administration consists of one third of the members of the Chamber of Deputies in addition to the First Minister
2. The First Minister shall divolve and remove power to members of the administration as necessary
3. The First Minister is the head of the administration
4. The First minister may appoint a larger administration if the total number of deputies is below six.

Article 62- Power of the administration

1. To administrate is responsible in the running of the nation in accordance with the legislation and constitution
2. The administration is responsible:
   1. To run defence and policing
   2. To organise the military in accordance with the head of state's powers
   3. To run national finances
   4. To organise foreign affairs accordance with the constitution, legislation and power of the head of state
   5. To provide and run public services such as education and healthcare

Article 63- Meeting of the Admnistration

The administration shall meet at least twice in a month

Article 64- Offices

Members of the administration shall be appointed to an appropriate position in the running of the nation

Chapter 4- Judiciary

Article 65- Structure

The judiciary consists of the civil courts and the high court

Article 66: Civil Courts

Each of the three cantons of the Duchy shall have a civil court

Article 67- High Courts

The high court deals with the following:

1. crimes within government or legislation
2. constitutional matters and crimes
3. actions taken by citizens against the administration
4. Crimes against human life or health
5. military crimes
6. Crimes against the state

Article 68: Civil Court Cases

All cases not mentioned in article 56 are automatically brought before the civil courts

Article 69- Case Transfer

A magistrate in the civil court may transfer a case to the high court

Article 70- Countersignature

The appointment of Judges of the high court and magistrates of the civil court are countersigned by the First Minister

Article 71- Eligibility

1. A Judge or magistrate must be a citizen
2. A judge or magistrate must never have committed a crime
3. A judge or magistrate must no support any racist or discriminative beliefs
4. A magistrate must be a member of the canton of the civil court they are appointed to
5. Appointment of judges and magistrates is in accordance with article eleven, clause four of this constitution

Article 72- Personal Relations

A judge or magistrate may not lead a court case in which the accused is known to them personally.

Article 73- Court Records

records of court cases shall be publicly available unless this information damages rules of privacy mentioned in this constitution.

Chapter 5- Local Authorities of Cantons

Section 1- Formation

Article 74- Requirements

Local area require at least fifteen citizens to be formed

Article 75- Canton Equality

Each canton shall be eligible for Local authority

Article 76- Inviolability

The administration is obliged to allow the power of local authority if the criterion in article seventy-four and article seventy-five is met.

Article 77- Canton Citizenship

One citizen may only be a member of one canton

Section 2- Local Power

Article 78- Size

local authorities consist of five majority elected deputies

Article 79- Local elections

1. Local deputies serve a term of one year
2. A candidate which aims to use violence or intimidation, or has racist value may not stand be a local deputy
3. A person who has committed a crime may not stand as a local deputy
4. Any person may stand as a local deputy unless otherwise mentioned in article 79.
5. A local authority may only run for a maximum of four months without full five deputies and may not be formed with less than five deputies
6. If a local authority runs for more than four months without the full five deputies, a deputy may be appointed to them by the administration.

Article 80- Local Power

Local authorities have the power to administrate the following:

1. social welfare and services in accordance with legislation
2. local crime prevention in accordance with legislation and the administration.

Section 3- Local Legislation

Article 81- Chamber of Councillors

The assembly for the members of the three local authorities is the Chamber of Councillors.

Article 82- Meetings of the Councillors

The Chamber of Councillors will meet at least six times a year

Article 83- Presiding Officer

The Chamber of Councillors is presided over by the executive

Article 84- Objectives of the chamber of local deputies

1. The chamber observes the actions of local authorities
2. The chamber ensures the actions of local authorities are in accordance with the law
3. The chamber ensures the actions of local authorities are in accordance with the constitution
4. The chamber allows the members of all local authorities to debate and talk to each other about major issues

Article 85- Proposals

The chamber of local deputies has the power to vote on proposed legislation they wish to put forth to the Chamber of Deputies

Article 86- Required Voting

The Chamber of Deputies is obliged to carry out a vote on legislation the chamber of local deputies wish to be passed, at least once.

Article 87- Disclosure of Information

Each local authority is obliged to disclose all information to the administration or legislative if asked

Article 88- Taxation

Local authorities may not bring in taxation.

Chapter 6- Provinces and Municipalities

Article 89- Definition

Provinces and Municipalities are as in article six and article seven

Article 90- Mayors

1. A municipality shall appoint a mayor
2. A mayor shall form the administration of the municipality in accordance with the constitution and legislation
3. A mayor shall be elected by the citizens within that municipality
4. A mayor shall serve a term of one year
5. A mayor shall be a resident of the municipality

Article 91- Chancellors

1. A province shall appoint a chancellor
2. A chancellor shall form the administration of the province in accordance with the constitution and legislation
3. Chancellors are appointed and removed by the Head of State
4. A chancellor shall serve an undefined term
5. A chancellor shall be a resident of the province

Article 92- Qualifications

Qualifications for mayors and chancellors shall be as in article 71

Article 93- Public Services

Provinces and municipalities shall run public services for those living there

Article 94- Macronational Law

Services run within a municipality must conform to macronational law

Title 4- Military, Defence and Policing

Article 95- Ducal Defence Force

The state shall retain the Ducal Defence Force for defence, military and policing matters

Article 96- The role of the Ducal Defence Force

1. Defence of the nation and people
2. Defence and security of the government
3. Defence and security of the head of state
4. Ceremonial and patriotic duties
5. Military exploration
6. Policing and crime prevention and detection

Article 97- Head of the Force

The head of state is head of the Ducal Defence Force and exercises administration over it in accordance with this constitution and legislation

Article 98- Spending

The administration control the national spending of the military

Article 99- Ducal Funding

The head of state may put their own funding into the military if they wish

Article 100: Neutrality

1. Francisville is a neutral state
2. A declaration of war may only be proposed by the vote of parliament
3. A declaration war must be voted on by the public majority
4. A declaration of war and the public verdict must be singed by the Head of State

Article 101- Defence

The Ducal Defence Force may be used to defend the Duchy

Article 102- Branches

1. Legislation controls sections and branches of the force
2. The head of state must approve the formation of new sections and branches

Article 103- Joining the Force

1. No person who has been convicted of a crime may join the military
2. No person with support for an illegal political party of organisation may join the military
3. You must be a citizen to join the military
4. Entry qualifications are controlled by legislation

Article 104- Ranks

The appointment and dismissal of ranks is controlled by legislation and exercised by the Head of State.

Article 105- Treaties

The actions of the Force must not damage any treaty unless that treaty has already been broken by another

Title 5- International Relations

Article 106- Head of State

The Head of State is head of foreign affairs and international relations

Article 107- Signature

The Head of State shall sign and approve all treaties made by the Duchy

Article 108- Relations and Co-operations

The head of state shall lead the state in international relations and co-operations

Article 109- Appontment of Department

The Head of States appoints members of the foreign relations department

Article 110- Parliament and Administration

The parliament and administration may conduct foreign relations if overseen by the Head of State

Article 111- Foreign Minister

The administration may appoint a Foreign Minister

Article 112- Membership

The Duchy shall be a member of Grand Unified Micronational is it is allowed to be so

Title 6- Finances

Article 113- National Taxation

Taxes can only be introduced by the virtue of the law and two parliamentary votes must be held for their introduction.

Article 114- Local Taxation

Local authorities, municipalities and provinces may not introduce taxation.

Article 115- Budget

The national budget shall be drawn up every six months by the administration and approved by parliament

Article 116- Public Information

State budgets, expenses and spending shall be publically available.

Article 117- Salaries

Salaries and pensions of the Head of State, deputies and public officers are controlled by legislation

Article 118- Loans

The State may not borrow money from another state without the vote of parliament.

Title 7- Constitutional alteration

Article 119- The changing of Title Two of this constitution

1. The changing of Title Two, the Rights of the People, takes place in two stages
2. Stage one involves a majority vote in the Chamber of Deputies regarding whether the members wish the constitution to be changed
3. Stage two involves an inviolable majority public vote whether the change takes place or not

Article 120- Changing of the rest of the constitution (Exception of Title Two)

1. The changing of the remainder of this constitution takes place by the power of the legislature
2. Two votes are required
3. The first vote must pass with a minimum of three quarters of the legislature in agreement
4. The second vote is a majority vote

Article 121- Majority

Motions must obtain majority of those who voted to be passed.

Article 122- Secrecy

Public votes are secret

Article 123- Illegal Alteration

Cases of the illegal changing of this constitution are dealt with by the high court

Article 124- Dismissal of Administration

The administration is removed and a new election called if they attempt to change the constitution illegally

Article 125- Dismissal of Head of State

The head of state must stand down and an election recalled for their replacement called if they attempt to change this constitution illegally