Legislation:SBR/Constitution/Current text
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Preamble
We, the Beaconite people, seek a more perfect nation that defends our rights and our voices, with institutions that can stand against the test of time and act where necessary. Therefore, we denounce our previous constitution and enact the following—
Article I: Our Serene Republic
- Our state is to be officially known as the Serene Beaconite Republic, and referenced in law and by our Citizens as ‘Our Serene Republic’.
- Our Serene Republic is to be Free and Democratic, and derives its sovereignty from the people.
- Our Serene Republic succeeds the Principality of Beacon City and Its Associated Dominions and Wards, and upon its foundation is to be responsible for all Wards formerly administered by the Principality, but not its Dominions.
- The working language of Our Serene Republic is to be English.
Article II: Fundamental Rights and Freedoms
- Our Serene Republic affirms the principles of the International Bill of Human Rights. The Bill is to be binding in law.
- Our Serene Republic affirms the principles of the European Convention of Human Rights. All sections affirming Fundamental Rights and Freedoms are to be binding in law, but not those sections binding Our Serene Republic to the European Court of Human Rights.
- In the event that these international conventions clash, the interpretation most strongly protecting the Fundamental Rights and Freedoms of the person is to be preferred.
- The lack of enumeration of any particular Rights in these international conventions is not to be construed to deny the people any other Rights.
Article III: The Grand Forum
- The Chief Legislative Authority of Our Serene Republic is vested in a Grand Forum of All Citizens (‘Grand Forum’).
- The Grand Forum is to be administered by the Rector of the Serene Beaconite Republic (‘Rector’), who is to act as Head of State. The Rector enjoys membership of the Grand Forum at all times.
- A Citizen who has obtained an age specified by law has the right to become a member of the Grand Forum. This right may be exercised by notice to the Rector.
- Members of the Grand Forum are to be known as Electors.
- A decision of the Grand Forum is to be made by majority. In making such a decision, each Elector is to have one vote.
- The business of the Grand Forum is to be determined by the Electors. Any proposal for an item of business must receive the backing of at least two other Electors before it may be brought before the Grand Forum. A proposal must be laid before the Rector.
- The Rector may dismiss proposals which they deem irrelevant, inactionable or unconstitutional. Electors may appeal a dismissal to a justicial authority, and if the appeal is successful, the Rector must place the proposal on the next Ballot. Neither the Rector’s decision nor the decision of the justicial authority on this matter preclude later judicial review of the constitutionality of the proposal.
- On the first day of each Calendar Month, the Rector must deliver a Ballot to each Elector, containing every item of Business on which the Grand Forum is to decide. The Rector may refuse to include an item of Business on the Ballot if it was not received at least seven days prior. The Electors must return their Ballot to the Rector, with their votes, by the eighth day of the Calendar Month. The Electors may choose to abstain from any items of Business on the Ballot.
- The Rector must announce the results of the Ballot on the ninth day of the Calendar Month.
- The Rector may bring forward or postpone the Ballot process by up to two Days if they deem necessary. An extension on this time limit may be made by a justicial authority.
- If a proposal is rejected by the Electors, it may not be proposed for the two subsequent Ballots without the express permission of the Rector.
- Where two proposals to the Grand Forum coincide with or contradict one another, the Rector must contact the relevant Electors and try to reach an agreement on a single mediated proposal. Should that fail, the Rector is to amend or dismiss the proposals so as to avoid coincidence or contradiction.
- The secrecy of the Ballot is to be maintained and the individual voting records of Electors are not to be tracked, but the Rector may track whether Electors have voted, and if an Elector has not voted in three consecutive Ballots, the Rector may remove their membership of the Grand Forum. The former Elector may become a member again at any point.
Article IV: The Minor Council
- An additional Legislative Authority of Our Serene Republic is vested in a Minor Council of the Serene Beaconite Republic (‘Minor Council’).
- The Minor Council is to be administered by the Rector, though the Rector must not vote in any proceeding of the Minor Council unless they hold proper membership.
- The Grand Forum must elect three members to the Minor Council every six Calendar Months. But if two members of the Minor Council should vacate their Offices, the election must be held at the next Ballot of the Grand Forum.
- The Minor Council is to make legislative decisions on issues that require a quicker response than the Grand Forum is able to deliver. The Rector is to determine if an issue is sufficiently urgent to warrant a response from the Minor Council.
- Should a decision of the Minor Council remain in effect by the time of the next Ballot of the Grand Forum, then the decision must be placed on that Ballot.
- Where a vacancy has opened in an Office elected by the Grand Forum (other than Offices on the Minor Council itself), the Minor Council may elect someone to serve in the Office until the next Ballot. The law may provide that a deputy serves in that Office until either the Minor Council makes its temporary appointment or the Grand Forum elects someone to the Office.
- The proceedings and voting record of the Minor Council are to be a matter of public record.
Article V: The Magistracies
- The Executive Authority of Our Serene Republic is vested in the Magistracies.
- A Magistracy may be established by the Grand Forum. The mandate of the Magistracy must be specified on establishment.
- Each Magistracy is to be led by a Magistrate, who must be elected by the Grand Forum. The law establishing a Magistracy may also create junior Offices in the Magistracy. The law may specify that these junior Offices are to be elected by the Grand Forum in the same manner, or appointed or held ex officio by other officials.
- A Magistrate is to exercise the functions of any vacant junior Office. The Rector is to exercise the functions of any vacant Magistrate’s Office unless there is a deputy or similar who may lead the Magistracy instead.
- The Magistrates are to sit as members of the College of Magistrates in order to maintain a uniform governing strategy. The Rector may also sit on the College of Magistrates, though the Rector may not vote unless they hold proper membership.
- The College of Magistrates must elect a Chief Magistrate, whose responsibility is to co-ordinate the governing strategy of the Magistracies.
- Electors may propose in the usual manner that an election is called for a Magistrate’s Office; if this succeeds, such election must occur on the next Ballot. Otherwise, an election for a Magistrate’s Office is to occur twelve Calendar Months after the previous election.
Article VI: The Justicial Councils
- The Justicial Authority of Our Serene Republic is vested in a Senior Justicial Council of the Serene Beaconite Republic (‘Senior Justicial Council’) and any other junior Justicial Councils as the Grand Forum may establish.
- There is to be an odd number of Justices sitting on the Senior Justicial Council, with the number of Justices being provided by law.
- Justices of the Senior Justicial Council must be elected by the Grand Forum for a twelve Calendar Month term. A potential Justice requires confirmation by the Minor Council. Justices may not serve as Magistrates or members of the Minor Council.
- The Senior Justicial Council is to be administered by a Chief Justice, who is to be elected by the Justices.
- The Senior Justicial Council is to sit as an appellate court of last resort.
- The Justicial Councils may issue such writs and orders as appropriate in each case in aid of its jurisdiction.
- The Justicial Councils are to have the power of Judicial Review over the actions of the Rector, the Grand Forum, the Minor Council and the Magistracies.
- Other than the Senior Justicial Council, the Justicial Councils are to be bound by the precedents set by previous analogous decisions of the Justicial Councils.
- The Chief Justice of the Senior Justicial Council may order the Rector to lay an item of business before the Minor Council.
Article VII: Citizenship
- Those who were citizens of the Principality of Beacon City, the Empire of New Winterdown, or the Empire of Novadal are entitled to Citizenship, as are citizens of the Landgraviate of Satirno at the time of this Constitution’s enactment.
- Those born in the borders of Our Serene Republic or the Landgraviate of Satirno are entitled to Citizenship.
- Those born to one or both parents with Citizenship are entitled to Citizenship.
- The law may provide for the naturalisation of other individuals.
- Unless the law provides otherwise, the Rector is to be responsible for the granting and revoking of Citizenship.
Article VIII: The Rector
- The Rector is to serve for life, but may be removed from office by seven-tenths vote of the Grand Forum and majority vote of the Minor Council.
- Upon the vacancy of the Office of the Rector, the next Rector must be elected by the Grand Forum. The Grand Forum must vote two Calendar Months later on whether to keep the new Rector in their Office, and again another four Calendar Months later. If the Grand Forum votes against the new Rector in any such vote, a new election for the Rector must be held.
Article IX: Final provisions
- No individual may hold an office set forth under this Constitution, other than that of an Elector, without holding office as an Elector.
- Before becoming an Elector, a Citizen must make an Oath or Affirmation in the following form: “I, [name], do solemnly (swear/affirm) to uphold the principles of the Constitution of Our Serene Republic and to carry out the duties of my Office faithfully, without prejudice, and in the best interests of the People.”
- If and when it becomes necessary to amend this Constitution, it requires the seven-tenths vote of the Grand Forum and majority vote of the Minor Council, and the signature of the Rector.
- The first Rector is to be the Prince of Beacon City at the time of this Constitution’s enactment.
- The Rector may exercise any function of the Minor Council until the first Minor Council is elected.
- Existing treaties of the Principality of Beacon City are to remain in effect for three Calendar Months after the enactment of this Constitution.