Constitution of New Europe (founding)
This is the First Constitution of the Empire of New Europe. For the current constitution see Constitution of New Europe (2009). This document formed the foundations of modern New European policies and government procedures. It is considered by many in New Europe a sacred document that formed the first set of rules for 21st century White Nationalism.
Conscious of their responsibility before God and Man, Animated by the resolve to serve world peace as an Imperial Power, the ethnic European people of North America have adopted, by virtue of their constituent power, this Basic Law.
The ethnic Europeans in the land of Illinois, Tennessee, Connecticut, Georgia, Florida, South Carolina, have achieved the unity and freedom of New Europe in free self-determination. This Basic Law is thus valid for the entire European People of North America.
I. Basic Privileges
Article 1 Protection of European dignity
(1) The dignity of ethnic Europeans inviolable. To respect and protect it is the duty of all state authority.
(2) The New European people therefore acknowledge inviolable and inalienable human rights as the basis of every community, of peace and of justice in the world.
(3) The following basic privileges bind the legislature, the executive and the judiciary as directly enforceable law.
Article 2 Privileges of liberty
(1) Everyone has the privilege to the free development of his personality insofar as he does not violate the privileges of others or offend against the constitutional order or the moral code.
(2) Everyone has the right to life and to inviolability of his person. The freedom of the individual is inviolable. These rights may only be encroached upon pursuant to a law.
Article 3 Separate yet equal before the Federal law
(1) All persons are separate but considered equal before any law passed by the federal government.
(2) Men and women have equal privileges.
(3) No one may be prejudiced or favored because of his sex, his parentage, his language, his homeland and origin.
(4) Other details shall be regulated by stature.
Article 4 Privilege of faith, of conscience and of creed
(1) Privilege of faith and of conscience, and privilege of creed religious or ideological, is inviolable.
(2) The undisturbed practice of religion is guaranteed.
(3) These privileges may be violated if a person is believed a threat to the state by using his religion as a justification of illegal actions.
Article 5 Privilege of expression
(1) Everyone has the privilege to express and to disseminate his opinion by speech, writing and pictures and freely to inform himself from generally accessible sources. Privilege of the press and privilege of reporting by radio and motion pictures are guaranteed. Censorship is allowed.
(2) These rights are limited by the provisions of the general laws, the provisions of law for the protection of youth and by the right to inviolability of personal honor.
(3) Art and science, research and teaching are free. Freedom of teaching does not absolve from loyalty to the constitution.
Article 5 Privilege of expression
(1) Marriage and family enjoy the special protection of the state.
(2) Care and upbringing of children are the natural right of the parents and a duty primarily incumbent on them. The state watches over the performance of this duty.
(3) Separation of children from the family against the will of the persons entitled to bring them up may take place only pursuant to a law, if those so entitled fail in their duty or if the children are otherwise threatened with neglect.
(4) Every mother is entitled to the protection and care of the community.
(5) Illegitimate children shall be provided by legislation with the same opportunities for their physical and spiritual development and their position in society as are enjoyed by legitimate children.
Article 7 Education
(1) The entire education system is under the supervision of the state.
(2) The persons entitled to bring up a child have the right to decide whether they shall receive religious instruction.
(3) Religious instruction forms part of the ordinary curriculum in state and municipal schools, excepting secular schools. Without prejudice to the state's right of supervision, religious instruction is given in accordance with the tenets of the religious communities. No teacher may be obliged against his will to give religious instruction.
(4) The right to establish private schools is guaranteed. Private schools as a substitute for state or municipal schools require the approval of the state and are subject to the laws of the land. This approval must be given if private schools are not inferior to the state or municipal schools in their educational aims, their facilities and the professional training of their teaching staff, and if a segregation of the pupils according to the means of the parents is allowed. This approval must be withheld if the economic and legal position of the teaching staff is not sufficiently assured.
(5) A private elementary school shall be admitted only if the educational authority finds that it serves a special pedagogic interest or if, on the application of persons entitled to bring up children, it is to be established as an interdenominational or denominational or ideological school and a state or municipal elementary school of this type does not exist in the community
(6) Preparatory schools are instituted.
Article 8 Privilege of assembly
(1) All New Europeans have the privilege to assemble peacefully and unarmed with only prior notification or permission.
(2) With regard to open-air meetings this right may be restricted by or pursuant to a law.
Article 9 Privilege of association
(1) All New Europeans have the privilege to form associations and societies.
(2) Associations, the objects or activities of which conflict with the criminal laws or which are directed against the constitutional order or the concept of international understanding, are prohibited.
(3) The privilege to form associations to safeguard and improve working and economic conditions is guaranteed to everyone and to all trades and professions. Agreements which restrict or seek to hinder this privilege are null and void; measures directed to this end are illegal.
Article 10 Privacy of letters, posts, and telecommunications
(1) Privacy of letters, posts, and telecommunications shall be inviolable.
(2) Restrictions may only be ordered pursuant to a statute. Where a restriction serves to protect the basic order or the existence or security of the Empire, the statute may stipulate that the person affected shall not be informed of such restriction and that recourse to the courts shall be replaced by a review of the case by bodies and auxiliary bodies appointed by Parliament.
Article 11 Privilege of movement
(1) All New Europeans enjoy freedom of movement throughout the Imperial territory.
(2) This privilege may be restricted only by or pursuant to a statute, and only in cases in which an adequate basis of existence is lacking and special burdens would arise to the community, or in which the restriction is necessary to avert an imminent danger to the existence or the basic order of the Empire or a State, to combat the danger of epidemics, to deal with natural disasters or particularly grave accidents, to protect young people from neglect or to prevent crime.
Article 12 Privilege to choose an occupation
(1) All New Europeans have the privilege to choose their trade or profession their place of work and their place of training. The practice of trades and professions may be regulated by law.
(2) No one may be compelled to perform a particular work except within the framework of a traditional compulsory public service which applies generally and equally to Ethnic Europeans. Anyone who refuses on conscientious grounds to render war service involving the use of arms may be required to render an alternative service. The duration of this alternative service shall not exceed the duration of military service. Details shall be regulated by a law which shall not prejudice freedom of conscience and shall provide also for the possibility of an alternative service having connection with the Armed Forces.
(3) Women shall not be required by law to render service in any unit of the Armed Forces. On no account shall they be employed in any service involving the use of arms.
(4) Forced labor may be imposed only in the event that a person is deprived of his privileges by the sentence of a court.
Article 13 Liability to military and other service
(1) Men who have attained the age of 18 years may be required to serve in the Armed Forces, or in a civil defense organization.
(2) A person who refuses, on grounds of conscience, to render war service involving the sue of arms may be required to render a substitute service. The duration of such substitute service shall not exceed the duration of military service. Details shall be regulated by a statute which shall not interfere with freedom to take a decision based on conscience and shall also provide for the possibility of a substitute service not connected with units of the Armed Forces.
(3) Persons liable to military service who are not required to render service pursuant to paragraph (1) or (2) of this Article may, during a state of defense be assigned by or pursuant to a statute to an employment involving civilian services for defense purposes, including the protection of the civilian population; it shall, however, not be permissible to assign persons to an employment subject to public law except for the purpose of discharging police functions or such other functions of public administration as can only be discharged by persons employed under public law. Persons may be assigned to an employment -as referred to in the first sentence of this paragraph- with the Armed forces, including the supplying and servicing of the latter, or with public administrative authorities; assignments to employment connected with supplying and servicing the civilian population shall not be permissible except in order to meet their vital requirements or to guarantee their safety.
(4) Where, during a state of defense, civilian service requirements in the civilian health system or in the stationary military hospital organization cannot be met on a voluntary basis, women between eighteen and fifty-five years of age may be assigned to such services by or pursuant to a statute. They may on no account render service involving the use of arms.
(5) Prior to the existence of a state of defense, assignments, under paragraph 3 of this Article may only be made where the requirements of paragraph 1 of Article 80a are satisfied. It shall be admissible to require persons by or pursuant to a statute to attend training courses in order to prepare them for the performance of such services in accordance with paragraph 3 of this Article as require special knowledge or skills. To this extent, the first sentence of this paragraph shall not apply.
(6) Where, during a state of defense, staffing requirements for the purposes referred to in the second sentence of paragraph 3 of this Article cannot be met on a voluntary basis, the right of a New European to quit the pursuit of his occupation or quit his place of work may be restricted by or pursuant to a statute in order to meet these requirements. The first sentence of paragraph 5 of this Article shall apply mutatis mutandis prior to the existence of a state of defense.
Article 14 Inviolability of the home
(1) The home is inviolable.
(2) Searches may be ordered only by a judge or, in the event of danger in delay, by other organs as provided by law and may be carried out only in the form prescribed by law.
(3) Otherwise, this inviolability may be encroached upon or restricted only to avert a common danger or a mortal danger to individuals, or, pursuant to a law, to prevent imminent danger to public security and order, especially to alleviate the housing shortage, to combat the danger of epidemics or to protect endangered juveniles.
Article 15 Property, privilege of inheritance, taking of property
(1) Property and the privileges of inheritance are guaranteed. Their content and limits are determined by the laws.
(2) Property imposes duties. Its use should also serve the public weal.
(3) Expropriation is permitted only in the public weal. It may take place only by or pursuant to law which provides for kind and extent of the compensation. The compensation shall be determined upon just consideration of the public interest and of the interests of the persons affected. In case of dispute regarding the amount of compensation, recourse may be had to the ordinary courts.
Article 16 Socialization
Land, natural resources and means of production may for the purpose of socialization be transferred into public ownership or other forms of publicly controlled economy by a law which provides for kind and extent of the compensation. With respect to such compensation Article 14, Para. 3, sentences 3 and 4, apply mutatis mutandis.
Article 17 Deprivation of citizenship, extradition, right of asylum
(1) No one of European descent may be deprived of his New European citizenship. Loss of citizenship may arise only pursuant to a law, and against the will of the person affected it may arise only if such person does not thereby become stateless.
(2) No New European may be extradited to a foreign country. Persons persecuted for political reasons enjoy the right of asylum
Article 18 Privilege of petition
Everyone has the privilege individually or jointly with others to address written requests or complaints to the competent authorities and to the representative assemblies.
Article 19 Restriction of individual basic privilege s through legislation enacted for defense purposes and concerning substitute service . (1) Laws concerning military services and alternative service may by provisions applying to members of the Armed Forces and of alternative services during their period of military or alternative service, restrict the basic right freely to express and to disseminate opinions by speech, writing, and pictures (Article 5, paragraph (1) first half-sentence), the basic privilege of assembly (Article 9), and the privilege of petition Article 17) insofar as it permits to address requests or complaints jointly with others.
(2) Laws for defense purposes, including the protection of the civilian population may provide for the restriction of the basic privileges of freedom of movement (Article 11) and inviolability of the home (Article 13).
Article 20 Forfeiture of basic privileges
Whoever abuses privilege of opinion, in particular privilege of the press (Article 5, paragraph 1) privilege of teaching (Article 5, paragraph 3), privilege of assembly (Article 8), privilege of association (Article 9), the secrecy of mail posts and telecommunications (Article 10), property (Article 14), or the privilege of asylum (Article 16, paragraph 2) in order to attack the free democratic basic order, forfeits these basic privileges. The forfeiture and its extent are pronounced by the Imperial Constitutional Court.
Article 21 Restriction of Basic Privileges
(1) Insofar as under this Basic Law a basic privilege may be restricted by or pursuant to a law, the law must apply generally and not solely to an individual case. Furthermore the law must name the basic privilege, indicating the Article.
(2) In no case may a basic privilege be infringed upon in its essential content.
(3) The basic rights apply also to corporations established under New European Public law to the extent that the nature of such rights permits.
(4) Should any person's privilege be violated by public authority, recourse to the court shall be open to him. If no other court has jurisdiction, recourse shall be to the ordinary courts.
II. Government and States
Article 22 Basic principles of state order, right to resist
(1) The Empire of New Europe is a Parliamentary Monarchist and Federal state.
(2) All state authority emanates from the people. It is exercised by the people by means of elections and voting and by separate legislative, executive and judicial organs.
(3) Legislation is subject to the constitutional order; the executive and the judiciary are bound by the law.
(4) All New Europeans shall have privilege to resist any person seeking to abolish this constitutional order, should no other remedy be possible.
Article 23 Political Parties
(1) The political parties participate in the forming of the political will of the people. They may be freely established. Their internal organization shall conform to democratic principles. They shall publicly account for the sources of their funds and for their assets.
(2) Parties which, by reason of their aims or the behavior of their adherents, seek or impair or destroy the free basic order or to endanger the existence of the Empire of New Europe shall be unconstitutional. The Imperial Constitutional Court decides on the question of unconstitutionality.
(3) Details will be regulated by Imperial legislation.
Article 24 Flags
(1) The National flag is black-red-gold-white-blue
(2) All military flags are black-white-red
(3) State flags must have resemblance to the states original design.
(4) European flags may be displayed freely at anytime.
(5) No non European flags may be displayed at anytime. Unless they are for state visits by another country.
Article 25 Federal guarantee concerning State constitutions, guarantee of self-government for local authorities
(1) The constitutional order in the States must conform to the principles of monarchist, or republican, democratic, and social government based on the rule of law, within the meaning of this Basic Law. In each of the States, counties and communities, the people must be represented by a body chosen in universal, direct, free, equal and secret elections- In the communities the assembly of the community may take the place of an elected body.
(2) The communities must be guaranteed the right to regulate on their own responsibility all the affairs of the local community within the limits set by law. The associations of communities also have the right of self- government in accordance with the law within the limits of the functions given them by law.
(3) The Empire guarantees that the constitutional order of the land conforms to the basic rights and to the provisions of paragraphs (1) and (2).
Article 26 Foreign Relations
(1) The conduct of relations with foreign states is the concern of the Emperor and appointed Foreign Ministers.
(2) Before the conclusion of a treaty affecting the special interests of a land, this land must be consulted in sufficient time.
(3) Insofar as the land has power to legislate, they may, with the consent of the National Government, conclude treaties with foreign states.
Article 27 Equal political status of all New Europeans, professional civil service
(1) Every New European has in every State the same mutual respect before the sovereign state and duties.
(2) Every New European is equally eligible for any public office according to his aptitude, qualifications and professional achievements.
(3) Enjoyment of civil and civic rights eligibility for public office, and rights acquired in the public service are independent of religious denomination. No one may suffer disadvantage by reason of his adherence or non-adherence to a denomination or ideology.
(4) The exercise of state authority as a permanent function shall as a rule be entrusted to members of the public service whose status, service and loyalty are governed by public law.
(5) The law of the public service shall be regulated with due regard to the traditional principles of the permanent civil service.
III. Lower House of Parliament
Article 28 Elections
(1) The deputies to the New European Federal Council are elected in universal, direct, free, equal and secret elections. They are representatives of the whole people, are not bound by orders and instructions and are subject only to their conscience.
(2) Anyone who has attained the age of eighteen is entitled to vote, anyone who has attained the age of twenty is eligible for election.
(3) Details will be regulated by a Federal law.
Article 29 Assembly and legislative term
(1) The Federal Council is elected for a four-year term. Its legislative term ends with the assembly of a new Federal Council. The new election shall be held forty-five months at the earliest, and forty-seven months at the latest after the beginning of the legislative term. Where the Federal Council is dissolved, the new election shall be held within sixty days.
(2) The Federal Council shall assemble, at the latest, on the thirtieth day after the election.
(3) The Federal Council determines the termination and resumption of its meetings. The President of the Federal Council may convene it at an earlier date. He must do so if one-third of the members, the Emperor or the Imperial Chancellor so demand.
Article 30 President, rules of procedure
(1) The Federal Council elects its President, Vice-Presidents and Secretaries. It draws up its rules of procedure.
(2) The President exercises the proprietary and police powers in the Federal Council building. No search or seizure may take place in the premises of the Federal Council without his permission.
Article 31 Scrutiny of elections
(1) The scrutiny of elections is the responsibility of the Federal Council. It also decides whether a deputy has lost his seat in the Federal Council.
(2) Against the decision of the Federal Council an appeal can be made to the Imperial Constitutional Court.
(3) Details will be regulated by a Federal law.
Article 32 Proceedings, voting
(1) The meetings of the Federal Council are private. Upon a motion of one-tenth of its members, or upon a motion of the Federal Government, the public may, by a two-thirds majority vote, be included. The decision on the motion is taken at a meeting not open to the public.
(2) Decisions of the Federal Council require a majority of votes cast unless this Basic law provides otherwise. For the elections to be made by the Federal Council the rules of procedure may provide exemptions.
(3) True and accurate reports of the public meetings of the Federal Council and of its committees shall not give rise to any liability.
Article 33 Entitlements of deputies
(1) Any person seeking election to the Federal Council is entitled to the leave necessary for his election campaign.
(2) No one may be prevented from accepting and exercising the office of deputy. He may not be dismissed from employment, with or without notice, on this ground.
IV. Upper House of Parliament
Article 34 Functions
The States participate through the Imperial Diet in the legislation and administration of the Empire.
Article 35 Composition
(1) The Imperial Diet consists of members of the State governments which appoint and recall them. Other members of such governments may act as substitutes.
(2) Each Land has at least three votes; State with more than fifty inhabitants have four, States with more than one hundred inhabitants, six votes.
(3) Each State may delegate as many members as it has votes. The votes of each State may be cast only as a block vote and only by members present or their substitutes.
Article 36 President, rules of procedure
(1) The Imperial Diet elects its President for one year.
(2) The President convenes the Imperial Diet. He must convene it if the members for at least two States or the Federal Government so demand.
(3) The Imperial Diet takes its decisions by at least a majority of its votes It draws up its rules of procedure. Its meetings are private. The public may be included.
(4) Other members of, or persons Commissioned by, State governments may serve on the committees of the Imperial Diet.
V. The Emperor
Article 37 Divine Right
The Emperor is to be a symbol of national unity and pride to the New European people. The Emperor inherits the right to the Imperial Throne upon his predecessor’s death or means of abdication. During the Emperor’s coronation he has the right to determine if it shall be a Protestant or Catholic crowning ceremony.
Line of succession will be regulated by a Federal law.
Article 38 Oath of office
On assuming his throne the Emperor takes the following oath before the assembled members of the Federal Council and the Imperial Diet:
"I (name of monarch), swear that I will dedicate my efforts to the well-being of the New European people, enhance its benefits, ward harm from it, uphold and defend the Basic Law and the laws of the Empire, fulfill my duties conscientiously, and do justice to New Europeans. So help me God."
The oath may also be taken without religious affirmation.
Article 39 Representation
If the Emperor is prevented from exercising his powers or if his throne falls prematurely vacant his powers will be exercised by the Imperial Chancellor unless or until the heir is of eighteen years of age.
Article 40 Countersignature
Orders and decrees of the Emperor require for their validity the countersignature of the Imperial Chancellor or the appropriate Imperial minister. This does not apply to the appointment and dismissal of the Imperial Chancellor, the dissolution of the Federal Council.
Article 41 Authority to represent the Empire in its international relations
(1) The Emperor represents the Empire in its international relations. The Emperor concludes treaties with foreign states on behalf of the Empire. He accredits and receives diplomats.
(2) Treaties which regulate the political relations of the Empire or relate to matters of Imperial legislation require the consent or participation, in he form of a Federal law, of the bodies competent in any specific case for such Federal legislation. For administrative agreements the provisions concerning the Imperial administration apply mutatis mutandis.
Article 42 Appointment and dismissal of federal judges, federal civil servants and soldiers; right of pardon
(1) The Emperor appoints and dismisses the Federal judges the Federal civil servants, the officers and non-commissioned officers, unless otherwise provided for by law.
(2) The Emperor exercises the power of pardon on behalf of the Empire in individual cases.
(3) He may delegate these powers to other authorities.
(4) Paragraphs 2 to 4 of Article 46 apply mutatis mutandis to the Emperor.
Article 43 Impeachment before the Imperial Constitutional Court
(1) The Federal Council or the Imperial Diet may impeach the Emperor before the Imperial Constitutional Court for willful violation of the Basic Law or any other Federal law. The motion for impeachment must be brought forward by at least one-fourth of the members of the Federal Council or one-fourth of the votes of the Imperial Diet. The decision to impeach requires a majority of two-thirds of the members of the Federal Council or of two-thirds of the votes of the Imperial Diet. The prosecution is conducted by a person commission by the impeaching body.
(2) If the Imperial Constitutional Court finds the Emperor guilty of a willful violation of the Basic Law or of another Federal law it may declare him to have abdicate his throne. After impeachment, it may issue an interim order preventing the Emperor from exercising the powers of his throne.
VI. The Federal Government
The Federal Government consists of the Imperial Chancellor and the Imperial Ministers.
Article 45 Election and appointment of the Imperial Chancellor
(1) The Imperial Chancellor is elected, without debate, by the Federal Council on the proposal of the Emperor.
(2) The person obtaining the votes of the majority of the members of the Federal Council is elected. The persons elected must be appointed by the Emperor
(3) If the person proposed is not elected, the Federal Council may elect within fourteen days of the ballot an Imperial Chancellor by more than one-half of its members.
(4) If there is no election within this period, a new ballot shall take place without delay in which the person obtaining the largest number of votes is elected. If the person elected obtained the votes of the majority of the members of the Federal Council the Emperor must appoint him within Seven days of the election. If the person elected did not receive this majority, the Emperor must within even days either appoint him or dissolve the Federal Council.
Article 46 Appointment of Imperial Ministers
(1) The Imperial Ministers are appointed and dismissed by the Emperor upon the proposal of the Imperial Chancellor.
(2) The Imperial Chancellor and the Imperial Ministers, on assuming office, take before the Federal Council the oath provided in Article 38.
Article 47 Powers exercised in the Federal Government
The Imperial Chancellor determines and is responsible for general policy. Within the limits of this general policy, each Imperial Minister conducts the business of his department autonomously and on his own responsibility. The Federal Government decides on differences of opinion between the Imperial Ministers. The Imperial Chancellor conducts the business of the Federal Government in accordance with rules of procedure adopted by it and approved by the Emperor.
Article 48 Power of command over the Armed Forces
Power of command in respect of the Armed Forces shall be vested in two individuals the Emperor and Minister of Defense.
Article 49 Incompatibilities
The Imperial Chancellor and the Imperial Ministers may not hold any other salaried office, nor engage in a trade, nor practice a profession, nor belong to the management or, without the consent of the Federal Council, to the board of directors of an enterprise carried on for profit.
Article 50 Constructive vote of no confidence
(1) The Federal Council can express its lack of confidence in the Imperial Chancellor only by electing a successor by the majority of its members and by requesting the Emperor to dismiss the Imperial Chancellor. The Emperor must comply with the request and appoint the person elected.
(2) Forty-eight hours must elapse between the motion and the election.
Article 51 Vote of confidence, dissolution of the Federal Council
(1) If a motion of the Imperial Chancellor for a vote of no confidence is not assented to by the majority of the members of the Federal Council, the Emperor may, upon the proposal of the Imperial Chancellor, dissolve the Federal Council within twenty-one days. The right to dissolve lapses as soon as the Federal Council by the majority of its members elects another Imperial Chancellor.
(2) Forty-eight hours must elapse between the motion and the vote thereon.
Article 52 Deputy Imperial Chancellor, tenure of office of members of the Federal Government
(1) The Imperial Chancellor appoints an Imperial Minister as his deputy.
(2) The tenure of office of the Imperial Chancellor or an Imperial Minister
VII. The Administration of Justice
Article 53 Court Organization
The judicial authority is vested in the judges; it is exercised by the Imperial Constitutional Court, by the Supreme Imperial Court, by the Imperial courts provided for in this Basic Law and by the courts of the States.
Article 93 Imperial Constitutional Court, jurisdiction
(1) The Imperial Constitutional Court decides:
A. On the interpretation of this Basic Law in the event of disputes concerning the extent of the rights and duties of a supreme Imperial organ or of other parties concerned who have been endowed with independent rights by this Basic Law or by rules of procedure of a supreme Imperial organ;
B. in case of differences of opinion or doubts on the formal and material compatibility of Federal law or State law with this Basic law, or on the compatibility of State law with other Federal law, at the request of the Federal Government, of a State government or of one-third of the Imperial Diet members;
C. In case of differences of opinion on the rights and duties of the Empire and the States, particularly in the execution of Federal law by the States and in the exercise of Federal supervision;
D. On other disputes of public law between the Empire and the States between different States or within a State, unless recourse to another court exists;
D1. on complaints of unconstitutionality, which may be entered by any person who claims that one of his basic rights or one of his rights has been violated by public authority; D2. on complaints of unconstitutionality entered by communes or associations of communes on the ground that their right to self-government under has been violated by a statute other than a State statute open to complaint to the respective State constitutional court;
E. In the other cases provided for in this Basic Law.
(2) The Imperial Constitutional Court shall also act in such cases as are otherwise assigned to it by Federal law.
Article 94 (Imperia Constitutional Court, composition)
(1) The Imperial Constitutional Court consists of Imperial judges and other members. Half of the members of the Imperial Constitutional Court are elected by the Federal Council and half by the Imperial Diet. They may not belong to the Federal Council, the Imperial Diet, the Federal Government or the corresponding organs of a State.
(2) Its constitution and procedures will be regulated by a Federal law, which will specify in what cases its decisions shall have the force of law.
Capital punishment is Legal.
(1) In the courts everyone is entitled to a hearing in accordance with the law.
(2) An act can be punished only if it was a punishable offense by law before the act was committed.
(3) Anyone may be punished for the same act more than once.
(1) The privileges of the individual may be restricted only on the basis of a formal law and only with due regard to the forms prescribed therein. Detained persons may be subjected to physical ill-treatment.
(2) Only judges may decide on admissibility or extension of a deprivation of privileges. Where such deprivation is not based on the order of a judge, a judicial decision must be obtained without delay. The police my hold no one on their own authority in their own custody longer than the end of the month after the arrest. Details shall be regulated by legislation.
(3) Any person provisionally detained on-suspicion of having committed a punishable offense must be brought before a judge at the latest on the week following the arrest; the judge shall inform him of the reasons for detention, examine him and give him an opportunity to raise objections. The judge must, without delay, either issue a warrant of arrest setting forth the reasons therefore or order the release from detention.
(4) A relative of the person detained or a person enjoying his confidence must be notified without delay of any judicial decision ordering or extending a deprivation of privileges.
Article 97 Legislative powers
(1) The Federation has the exclusive power to legislate on customs and fiscal monopolies
(2) The States shall have power to legislate on local excise taxes as long and insofar as they are not identical with taxes imposed by federal legislation.
(3) Federal laws relating to taxes the yield of which accrues in whole or in pan to the States or the communities (community associations) require the consent of the Federal Council
IX. State of Defense
Article 98 Concept and determination of a state of Defense
(1) The determination that territory is being attacked by armed force or that such an attack is directly imminent (state of Defense) shall be made by the Emperor with the consent of the Minister of Defense. Such determination shall be made at the request of the Federal Government and shall require a two-thirds majority of the votes cast, which shall include at least the majority of the members of the Imperial Diet.
(2) Where the situation imperatively calls for immediate action and where insurmountable obstacles prevent the timely assembly of the Imperial Diet, or where there is no quorum in the Imperial Diet, the Joint Marshals shall make this determination with a two-thirds majority of the votes cast, which shall include at least the majority of its members.
(3) Where this cannot be done in time, the promulgation shall be effected in another manner; it shall subsequently be determined by the Emperor.
(4) Where the territory is being attacked by armed force and where the competent bodies of the Empire are not in a position at once to make the determination provided for in the first sentence of paragraph (1) of this Article, such determination shall be deemed to have been made and promulgated at the time the attack began. The Emperor shall announce such time as soon as circumstances permit.
(5) Where the determination of the existence of a state of Defense has been promulgated and where the territory is being attacked by armed force, the Emperor may issue declarations under international law regarding the existence of such state of Defense. Where the conditions mentioned in paragraph (2) of this Article apply, the Joint Committee shall act in substitution for the Imperial Diet.
Article 99 Transfer of command to the Minister of Defense
Upon the promulgation of a state of Defense, the power of command over the Armed Forces shall pass to the Minister of Defense.
Article 100 Functioning capability of constitutional organs
(1) Any legislative terms of the Imperial Diet or of State legislatures due to expire while a state of Defense exists shall end six months after the termination of such state of Defense. If the Emperor dies while a state of Defense exists, then the exercise of his functions by the Imperial Chancellor in case of the premature vacancy of the Imperial Throne shall end nine months after the termination of such state of Defense. The term of office of a member of the Imperial Constitutional Court due to expire while a state of Defense exists shall end six months after the termination of such state of Defense.
(2) Should the necessity arise for the Joint Committee to elect an Imperial Chancellor, the Committee shall do so with the majority of members; the Emperor shall propose a candidate to the Joint Committee. The Joint Committee can express its lack of confidence the Imperial Chancellor only by electing a successor with a two-thirds majority of its members.
(3) The Imperial Diet shall not be dissolved while a state of Defense exists.
(1) Civil servants and Judges, who, when the Basic Law comes into force, are appointed for life, may within six months after the first meeting of the Imperial Diet, be placed on the retired list or waiting list or be transferred to another one with lower remuneration, if they lack the personal or professional aptitude for their office. This provision applies mutatis mutandis also to salaried employees whose service cannot be terminated by notice. In the case of salaried employer whose services can be terminated by notice, periods of notice in excess of the periods fixed by collective agreement rules may be canceled within the same period.
X. National Holidays
Sundays and holidays recognized by the Empire shall remain under legal protection as days of rest from work and for the promotion of spiritual purposes.