Constitution of Kapreburg
CONSTITUTION OF THE EMPIRE OF KAPREBURG
Passed XII December MMXXI
Signed V January MMXXII
Written by Abrams Wiucki-Dunswed and H.M. Jackson I
Preamble
The people of Kapreburg—
Respecting our diverse cultures;
Recognizing divisions of our past;
Aware of the dedication that the founders of this nation have given to maintain its independence;
Dedicated to strengthening its sovereignty;
Committed to prosperity;
Determined to establish a harmonious and peaceful society governed by our rightful King;
Adopt the following:—
Chapter I: The Monarchy
Article I: The Monarch
§1 General provisions
(1) The King (or Queen) of Kapreburg is the absolute monarch of Kapreburg.
(a) the word “Monarch” thereafter will be used as a gender-neutral term for both King and Queen throughout this Constitution.
§2 Line of succession
(1) If the monarch—
(a) dies;
(b) abdicates the throne;
then a new monarch must be selected.
(2) The new monarch shall be the previous monarch’s closest eldest relative unless—
(a) the monarch has a child or;
(b) the monarch has publicly decided his next heir-to-the-throne.
(3) If possible, the monarch must always descend from the House of Morris-Peterson.
Chapter II: Executive power
Article I: Executive officers
§1 General provisions
(1) The executive power shall be vested in the Prime Minister.
(2) The Prime Minister shall hold office for a term of 1 year. (365 days)
(3) The Deputy Prime Minister shall hold office for a term of 1year. (365 days)
(4) Both the Prime Minister and the Deputy Prime Minister share the same term.
Article II: Electoral procedures
§2 Prime Ministerial elections
(1) Everyone planning to run in election for Prime Minister must —
(a) inform the incumbent Prime Minister or Monarch their intentions to run;
(b) inform the same people who their running mate is between the dates of August 1st through September 1st.
(2) Elections are to commence on the third Saturday of September, and are to conclude on the 4th Saturday of September, annually.
(3) No person shall be allowed to run for either position if—
(a) they are not thirteen years of age;
(b) they have not been a citizen for longer than three months.
(4) All citizens of the Empire may vote, except for those who have not met the same qualifications in subsection (3).
(5) The Prime Minister is to be elected by the instant-runoff voting system.
Article III: Duties and powers of Prime Minister
§3 General overview
(1) The Prime Minister has executive power in the nation, pursuant to Chapter II, Article I section and subsection (1).
(2) The Prime Minister presides over all House of Commons meetings.
(a) the Prime Minister can act as a member of the House of Commons by—
(i) debating other members;
(ii) proposing bills.
(3) The Prime Minister does not vote in the House of Commons unless a tie-breaker for a vote is needed.
Article IV: Duties and powers of Deputy Prime Minister
§4 General overview
(1) The Deputy Prime Minister holds no executive power unless
(a) the incumbent Prime Minister resigns, therefore making them Prime Minister.
(2) The Deputy Prime Minister must keep a list of active citizens at all times.
(3) The list of active citizens must be—
(a) updated/checked after a period of three months;
(b) reported to the King;
Article V: Oaths of office
§5 Oaths and taking of said-oaths
The oath of office for the Prime Minister of Kapreburg is:—
“I [Full legal name] do solemnly swear that I will support and defend the Constitution of the Empire of Kapreburg against all enemies, foreign and domestic. That I will bear true faith and allegiance to the same. That I take this obligation freely. Without any mental reservation, or purpose of evasion. And that I will well and faithfully discharge the duties of the office of Prime Minister of Kapreburg. So help me God.”
The oath of office for the Deputy Prime Minister is:—
“I [Full legal name] do solemnly swear, that I will faithfully execute the office of Deputy Prime Minister of the Empire of Kapreburg and will to the best of my ability; preserve, protect and defend the Constitution of the Empire of Kapreburg. So help me God.”
Chapter III: Legislative power
Article I: Parliament
§1 General provisions
(1) The legislative power shall be vested in the Parliament of Kapreburg.
(2) The Parliament of Kapreburg shall be a bicameral legislature that consists of—
(a) the lower house, the House of Commons and
(b) the upper house, the House of Lords.
Article II: House of Commons
§2 Composition
The House of Commons shall be composed of the Governor(s) of each County in Kapreburg.
§3 Governors, elections, vacancies
(1) All Governors are to be elected in the month of March, annually.
(2) No person can run for the position of Governor if—
(a) they are not thirteen years of age;
(b) they have not been a citizen for longer than three months;
(c) they are an inhabitant of the County in which they shall be chosen.
(3) When vacancies occur in the Governorship of any County, the Prime Minister is to choose a replacement, who is eligible to be Governor under subsection (2), along with the Deputy Prime Minister, and is to administer the oath of office to the replacement as soon as possible.
Article III: House of Lords
§4 Composition
(1) The House of Lords shall be composed of all members of the Nobility of Kapreburg.
(2) Any noble can opt-out of the House of Lords by informing the Prime Minister or Monarch.
§5 Noble succession, disownment
(1) In the case of a noble disowning their title, or dying—
(a) their eldest offspring receives the title or
(b) the Monarch chooses a replacement.
(2) If the eldest offspring as aforementioned in subsection (1)(a) declines the title—
(a) the Monarch dissolves the title or
(b) the Monarch applies the title to himself or
(c) the Monarch applies the title to another member of the House of Lords.
Article IV: Electoral procedure
§6 Formal procedure
(1) Anyone planning to run in their County’s gubernatorial election must inform the incumbent Prime Minister or Monarch between the dates of January 25th through March 1st.
(2) Elections are to commence on the third Saturday of March, and are to conclude on the fourth Saturday of March annually.
(3) No person shall be allowed to run for the position of Governor if—
(a) they are not thirteen years of age;
(b) they have not been a citizen for longer than three months;
(c) they are an inhabitant of the County in which they shall be chosen.
(4) All citizens of the Empire may vote, except for those whom have not met the same qualifications in subsection (3).
(5) Governors are to be elected by the instant-runoff voting system.
Chapter IV: Judicial power
Article I: Supreme Court
§1 General provisions
(1) The judicial power shall be vested in the Supreme Court of Kapreburg.
(2) The Supreme Court of Kapreburg is formally titled as “The Excellent Supreme Court of the Empire of Kapreburg”.
§2 Jurisdiction
(1) The judicial power shall extend to all cases, in law and equity, arising under the Constitution, such as but are not limited to —
(a) cases arising about the Laws of the Empire;
(b) cases arising about the Treaties of the Empire;
(c) cases affecting Ambassadors, other public Ministers or Consuls;
(d) cases arising about the admiralty and maritime jurisdiction;
(e) cases arising about the controversies between two or more Counties;
(f) cases arising about the controversy between a County and a citizen;
(g) cases arising about a citizen against a citizen.
(2) The Supreme Court has original jurisdiction over cases pertaining to subsection (1)(c), and subsection (1)(f).
(3) The Supreme Court has appellate jurisdiction, both as to law and fact, to the other subsections.
(4) The trial of all criminals shall be held with a jury composed of—
(a) four unbiased random citizens that are chosen at random;
(b) an unbiased judge.
Article II: Chief Justice
§3 Formal overview
(1) The Chief Justice is the head of the Supreme Court of Kapreburg.
(2) The Chief Justice is appointed by the Monarch and serves for life or until resignation.
(3) If the Chief Justice position is vacant, the Monarch must appoint a new Chief Justin as soon as possible to avoid any mistrials due to the lack of a judge.
(4) The Chief Justice will serve as the judge for all cases heard by the Supreme Court.
Chapter V: Rights guaranteed
Article I: Right to expression
§1 Formal overview
Each Kapresh citizen is entitled to the rights of expressing ideas through speech, the press, to assemble and or protest, or through religion.
Article II: Right to privacy
§2 Formal overview
Each Kapresh citizen is entitled to the right to privacy while on their own private property.
Article III: Right to security
§3 Formal overview
Each Kapresh citizen is entitled to the right to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.
Article IV: Right to remain silent
§4 Formal overview
Each Kapresh citizen is entitled to the right to remain silent and shall never be held to an answer for any reason.
Article V: Right to trial
§5 Formal overview
Each Kapresh citizen is entitled to the right to a speedy and public trial, by an impartial jury, should they be accused of a crime.
Article VI: Miscellany
§6 Formal overview
Each Kapresh citizen is entitled to any other right not listed here, as long as it has not been outlawed.
Chapter VI: Final provisions
Article I: Amendment of constitution
§1 Requirements of amendments
This Constitution may be amended by an Act of the Parliament of Kapreburg, but the act must receive the support of the Monarch.
§2 Adoption of new constitution
In the event that the Parliament of Kapreburg cannot convene, the Monarch may unilaterally enact a new Constitution.
§3 Founding fathers
The founding fathers of Kapreburg are named as:—
- His Majesty King Jackson I
- His Royal Highness Prince Ryan OJI
- Ahmad Johnson
- Aidan McGrath
- Cameron Koehler
§4 Commencement and promulgation
This Constitution enters force by royal decree of the Monarch.
Amendments
Article I: Commons Dissolution Act
- Chapter 1
An Act for a Constitutional Amendment Dissolving the House of Commons
Be it enacted by the Kings most Excellent Majesty, by and with the advice and consent of the Lords and Commons, in this present Parliament assembled, and by the authority of the same as follows—
Preface
- Wherein the Constitution of the Empire of Kapreburg, enacted on January the Fifth, 2022 established a bicameral legislature, of both houses in that of the Lords and Commons.
- This act shall be referred to as the “Commons Dissolution Act, 2023”
- This act shall go into effect immediately upon signing by His Majesty, the King.
Terms
- Subsection 2a of Section 1 of Article 1 of Chapter III of the Constitution of the Empire of Kapreburg is hereby repealed, and invalid as law.
- Article II of Chapter III of the Constitution of Kapreburg is hereby repealed, and invalid as law.
- Article IV of Chapter III of the Constitution is hereby repealed, and invalid as law.
- The legislative power of Kapreburg from now on lies solely in the hands of the House of Lords.