Constitution of the Empire of the Alexandrians 2004
The Alexandrian Constitution of 2004 was repealed by a national vote of almost 100%. It was drafted under Prime Minister Jorge Tuvallia of the Burning Torches Party.
- 1 PREAMBLE
- 2 CHAPTER I: GENERAL PROVISIONS
- 2.1 Article I: [State Name]
- 2.2 Article II: [State Capital, Symbols, Form]
- 2.3 Article III: [State People; Citizenship, Language]
- 2.4 Article IV: [National Sovereignty]
- 2.5 Article V: [Head of State]
- 2.6 Article VI: [Oaths]
- 2.7 Article VII: [Subjectivity to Constitution]
- 2.8 Article VIII: [Reference to gender]
- 2.9 Article IX: [Imperial Succession]
- 2.10 Article X: [Regency]
- 2.11 Article XI: [Elections after ratification of Constitution]
- 2.12 Article XII: [Micronational Cartography]
- 2.13 Article XIII: [What the Empire promotes]
- 2.14 Article XIV: [National Defense]
- 2.15 Article XV: [Regional equalization of finances]
- 2.16 Article XVI: [Applicability of fundamental rights]
- 2.17 Article XVII: [Free Association with Other States]
- 2.18 Article XVIII: [International Law]
- 2.19 Article XIX: [Treaties]
- 2.20 Article XX: [International Institutions]
- 2.21 Article XXI: [Procedure to follow in case of a participation crisis]
- 3 Chapter II: State Organization
- 4 Chapter III: The Empire
- 5 Chapter IV: THE CHARTER OF RIGHTS AND LIBERTIES
- 5.1 PART ONE: RIGHTS AND LIBERTIES
- 5.2 Article I [Equality]
- 5.3 Article II [Citizenship]
- 5.4 Article III [Eligibility Right]
- 5.5 Article IV [Right to Vote]
- 5.6 Article V [Petitions]
- 5.7 Article VI [Religion, Belief]
- 5.8 Article VII [Expression]
- 5.9 Article VIII [Association]
- 5.10 Article IX [Assembly]
- 5.11 Article X [Privacy]
- 5.12 Article XI [Personal Integrity]
- 5.13 Article XII [Home]
- 5.14 Article XIII [Secrecy of Communication]
- 5.15 Article XIV [Property]
- 5.16 Article XV [Personal Liberty, Arrest]
- 5.17 Article XVI [Nulla Poena Sine Lege]
- 5.18 Article XVII [Right to be Heard]
- 5.19 Article XVIII [Right to Counsel]
- 5.20 Article XIX [Work]
- 5.21 Article XX [Welfare]
- 5.22 Article XXI [Environment]
- 5.23 Article XXII [Health]
- 5.24 Article XXIII [Education]
- 5.25 Article XXIV [Observance of religion]
- 5.26 Article XXV [Prohibition of Extradition]
- 5.27 Article XXVI [Admissible restrictions]
- 5.28 Article XXVII [Forfeiture of Fundamental Rights]
- 5.29 Article XXVIII [Deprivation of Electoral Rights]
- 5.30 PART TWO: DUTIES
- 5.31 Article I [Military Service]
- 5.32 PART THREE: BURDENS
- 5.33 Article I [Taxation]
- 6 Chapter IV: Supreme Law of the land; Ratification, amending of constitution
- 7 CONSTITUTIONAL AMENDMENTS
We, the people of this great Empire of the Alexandrians, in order to promote justice and universal protection of human rights as universal rights; to encourage fraternity among us by establishing solidarity, general welfare and national unity; to guarantee democratic coexistence within the Constitution and the laws in accordance with a just economic and social order; to insure domestic tranquility; to provide for the common defense; to promote the general welfare; to establish an advanced democratic society; to consolidate a state of law which insures the rule of law as the expression of the popular will and to secure the blessings of liberty for our posterity.
CHAPTER I: GENERAL PROVISIONS
Article I: [State Name]
1.) The official name of this political entity shall be the "Empire of the Alexandrians", its acronym being EoM. Its official short forms are: "Alexandria", "Alexandrian Empire", “the Empire”, and "Empire of Alexandria".
Article II: [State Capital, Symbols, Form]
1.) The official capital and seat of government of the Empire is the city of Geneva in the Department of Alexandria-Sardinia, which as capital, has the title of Imperial City and is governed directly by the Monarch or an institution created by the Monarch to govern it. The seat of the Government may be moved only temporarily for no more than one year and then only for serious reasons. 2.) The Imperial National Colors are Red, White, Blue and Orange. 3.) The Empire of the Alexandrians shall have a flag with three horizontal stripes. The top stripe shall be blue, the middle one white and the bottom one red. In the center of the white stripe the flag of the monarchy shall be placed. 4.) The Imperial Anthem and Coat of Arms shall be determined by Imperial Decree. 5.) The official motto of the Empire of the Alexandrians is “Non Sine Sole Iris”. 6.) The Empire of the Alexandrians is a democratic, free, independent and indivisible State. The Empire of the Alexandrians is a hereditary monarchy with a parliamentary democracy. All entities of the State must yield to these principles.
Article III: [State People; Citizenship, Language]
1.) Citizens of the Empire of the Alexandrians are all humans who are children of a citizen of the Empire, who are born in the territory of the Empire, or who are naturalized. The official term for one who holds citizenship in Alexandria is “Alexandrian”. 2.) The official languages of the Empire are English, Spanish and French. 3.) The law shall regulate the use of languages in administrative and judicial matters.
Article IV: [National Sovereignty]
National Sovereignty belongs to the Monarch together with the people of Alexandria from who emanate the powers of the state.
Article V: [Head of State]
The Head of State shall be vested in the person of the Emperor of the Empire of the Alexandrians, and in the event of a female occupant of the Throne, the Empress. The Head of State shall be the final arbiter in all matters, overseeing the actions of His Government.
Article VI: [Oaths]
No oath may be imposed, except pursuant to the law, which determines in what form it is to be taken. All civil public officials, before entering upon their duties, take the following oath: "I swear allegiance to the Emperor and obedience to the Constitution and the laws of the State. I promise to fulfill my duties with integrity, exactitude, and impartiality."
Article VII: [Subjectivity to Constitution]
The citizens and public powers are subject to the Constitution and the legal order.
Article VIII: [Reference to gender]
In all instances, wherein this document makes reference to the masculine pronoun, shall not exclude, the feminine gender, and shall be construed as implying inclusiveness.
Article IX: [Imperial Succession]
Section 1: The Monarch may designate a successor to the throne from among the Imperial Family or from among the nobility. That successor shall immediately assume the Throne in the event of the death, abdication, or permanent incapacitation of the Head of State. Section 2: Should the Throne not designate a successor, or for other reasons a successor not be available, the following procedures are in place: A.) Should the Imperial Family become extinct, the Imperial Supreme Court shall act in the capacity as Head of State until such time as an individual is nominated by the said Court, and selected by public plebiscite to assume the throne, or an heir to the Throne comes of age as defined in subsequent statute. B.) If the Monarch has been continuously prevented for a period of two months from carrying out his duties, or has failed to carry them out, the Government shall notify the matter to the Parliament. The Parliament shall resolve whether the Emperor shall be deemed to have abdicated. In the interim period, commencing with the Government notification to Parliament, the procedure outline in Clause A, shall be implemented. Section 3: Succession within the Royal Family will follow what the biblical text of Numbers 27, 8-11a says, in accordance with the Family Pact.
Article X: [Regency]
1.) In the event of the Emperor’s declared incapacitation, the Lord Chancellor shall be named Regent for as long as it can be determined that the Emperor lives and wills to remain upon the throne. 2.) The Lord Chancellor will attempt to contact the Emperor once every two months during his regency. If the Emperor shall respond and indicate his desire to remain on the throne, the regency shall continue. If the Emperor indicates that he does not wish to remain on the throne, the Lord Chancellor shall inform the government. If there is an appointed heir to the throne, he shall be immediately named Emperor. If there be no apparent heir to the throne, the procedure outlined in Article IX, Section 2, Clause A will be implemented. 3.) The procedures outlined in Article IX, Section 2, Clause A will be implemented should the Lord Chancellor, acting as Regent, inform the Government that he has fallen completely out of contact with the Emperor. 4.) If at any point during regency the King/Emperor shall communicate that he is once again able to resume his functions and duties, the regency shall come to an end. 5.) No amendments shall be made to the Imperial Constitution concerning the constitutional prerogatives of the Emperor, his status as well as the order of succession.
Article XI: [Elections after ratification of Constitution]
To ensure the continuity of government in a reliable, predictable, and stable manner, free elections shall be held following the ratification of this Constitution at a time to be determined by the Emperor. If all the members of the Government have been discharged by the results of the election, they shall retain their posts until a new Government has taken office.
Article XII: [Micronational Cartography]
The Empire of the Alexandrians shall do what is in its power and ability to help advance the art of micronational cartography in any way possible. The Empire of the Alexandrians may officially endorse any other such micronational cause through pertinent legislation.
Article XIII: [What the Empire promotes]
1.) The Empire of the Alexandrians promotes: a.) public health care; b.) education and schooling; c.) schemes for social welfare; d.) preservation and development of culture; e.) preservation and maintenance of historical objects; f.) environmental protection, intergenerational equity, and protection of nature for its intrinsic value including the protection of nature’s right; g.) natural and social sciences.
Article XIV: [National Defense]
1.) The Empire of the Alexandrians promotes worldwide peace. Acts undertaken to prepare war or to otherwise disturb the peaceful relations between nations are unconstitutional. 2.) The Empire of the Alexandrians takes adequate measures to preserve its integrity even in the state of war or civil war. 3.) The State protects its people against extremism, terrorism and catastrophe. 4.) A declaration that the Empire is in the state of war shall not be made without the prior approval of the Estates-General. 5.) Such approval shall not be required in cases where consultation with the Estates-General proves to be impossible as a consequence of the actual existence of a state of war or state of emergency due to lack of participation. 6.) The two Chambers of the Estates-General shall consider and decide upon the matter in joint session. 7.) The provisions of the fourth and sixth paragraphs shall apply by analogy to a declaration that a state of war has ceased. 8.) To protect its interests, the Empire of the Alexandrians shall maintain a Imperial Armed Force consisting of volunteers and conscripts. 9.) Compulsory service in the armed forces in relation to the defense of the country shall also be regulated by an Act of the Estates-General. 10.) The conditions on which exemption is granted from military service because of serious conscientious objections shall be specified by Act of the Estates-General. 11.) Foreign troops shall not be employed other than pursuant to an Act of the Estates-General or an Imperial Decree. 12.) All expenses in connection with the armies of the Empire shall be met from central government funds. 13.) No inhabitant or municipality may be required to assist with the billeting or maintenance of troops, or with transports or supplies of any description whatsoever requisitioned by the Empire for the armies or defenses of the country, other than in accordance with general rules laid down by an Act of the Estates-General and upon payment of compensation. 14.) Exceptions to the general rules shall be laid down by Act of the Estates-General for application in time of war or in other exceptional circumstances.
Article XV: [Regional equalization of finances]
The Empire of the Alexandrians provides for an overall equalization of finances, giving due consideration to the regions’ respective debts, burdens, economic power, and infrastructural responsibilities.
Article XVI: [Applicability of fundamental rights]
1.) Fundamental rights apply to natural persons, domestic and foreign, who are assigned the rights in this Constitution. They apply to legal persons, domestic and foreign, where, and to the extent that, the nature of the rights permits.
Article XVII: [Free Association with Other States]
1.) The Empire of the Alexandrians may make agreements with other States that wish to associate themselves with the Empire in order to develop their civilizations. 2.) The Empire of the Alexandrians may make agreements with other States when the Empire wishes to associate itself with another State in order to develop its civilization. 3.) An agreement or treaty that shall, in some way or form, commit the Empire to a Union or agreement of some sort that could diminish its national sovereignty will be put up to a national referendum. Following the referendum, if the results prove favorable, the results must be approved by an Act of the Estates-General or an Imperial Decree.
Article XVIII: [International Law]
The Empire of the Alexandrians shall promote the development of the international rule of law.
Article XIX: [Treaties]
1.) The Empire shall not be bound by treaties, nor shall such treaties be denounced without the prior approval of the Estates-General. The cases in which approval is not required shall be specified by an Act of the Estates-General. 2.) The manner in which approval shall be granted shall be laid down by Act of the Estates-General, which may provide for the possibility of tacit approval. 3.) Any provisions of a treaty that conflict with the Constitution or which leads to conflicts with it may be approved by the Chambers of the Estates-General only if at least two-thirds of the votes are cast in favor.
Article XX: [International Institutions]
Legislative, executive, and judicial powers may be conferred on international institutions by or pursuant to a treaty, subject, where necessary to the provisions presented in Article XIX of the General Provisions.
Article XXI: [Procedure to follow in case of a participation crisis]
1.) A “participation crisis” will be defined as a severe lack of participation in Alexandria’s daily functions from its citizens. 2.) The Government of the Empire shall determine if a “participation crisis” is occurring through a declaration of state of emergency, in which the procedures outlined in Chapter II, Article I, Section 7 and Chapter II, Article I, Section 23 shall be implemented.
Chapter II: State Organization
ARTICLE I: THE POWERS AND DUTIES OF THE CROWN
1.) The Crown shall be personified through the person of the Emperor, or in the case of a female holder of the Throne, the Empress as Head of State, and include the persons of the Imperial Family and the Imperial Household. The Emperor, as Head of State, is the symbol of the unity and permanence of the State. 2.) The person of the Emperor is inviolable and is not subject to responsibility. His ministers are responsible. 3.) The Emperor shall consult the Prime Minister before traveling abroad, or brief periods which he must be away from his duties. If the absence is extended beyond two weeks, the Lord Chancellor of the Empire shall perform the duties of the Head of State in that temporary capacity. 4.) The Emperor shall have the power to enact Laws by Imperial Decree; however, all Imperial Decrees must be countersigned by a Cabinet minister. An Imperial Decree transmitted to the cabinet for countersignature must be published in the public forums or website within 72 hours if it is signed. If an Imperial Decree is not signed it shall be returned to the Head of State within 48 hours. A two-thirds vote of the Estates-General in disapproval shall nullify an Imperial Decree. 4.) The Emperor, through the process of the Imperial Assent, may approve or disapprove of an Act of the Estates-General. Only acts that receive approval through the Imperial Assent shall be made into Law. Acts that do not receive the consideration of the Crown within 31 days (without counting Saturdays or Sundays) after being dispatched to the Emperor for his Assent shall be passed into Law by a majority vote in the Estates-General or by signing of the Prime Minister. 5.) The Emperor shall convoke and dissolve the Estates-General and call elections under the terms provided for in the Constitution. 6.) The Emperor may convoke a referendum on the advice of the Cabinet or Estates-General; he can still call for referendums without their expressed request. 7.) The Emperor may declare a state of emergency during which time he may dissolve the Estates-General and rule by decree should it become clearly apparent that the Estates-General is no longer able to function, thus endangering the survival of the state. The Emperor shall rule the land independently until such time as the people manifest an ability to govern themselves. 8.) The Emperor shall appoint and dismiss members of the government with the advice of the Prime Minister. 9.) The Emperor exercises supreme command of the forces and instruments of national defense, he is the Supreme Commander-In-Chief of the Alexandrian Armed Forces. 10.) The Emperor accredits ambassadors and other diplomatic representatives. Foreign representatives are accredited before him. 11.) It is incumbent upon the Emperor to express the consent of the State to obligate itself internationally through treaties in conformity with the Constitution and the laws. 12.) The Emperor may execute Imperial Warrants and Letters Patent to associations and corporate bodies within the Realm. 13.) The Emperor has the power to grant pardons, reprieves, and amnesty. 15.) The Emperor, as the fons honorum, has sole power to elevate citizens to the nobility, grant and bestow orders of chivalry, and present honors. 16.) The Emperor may declare national holidays of a temporary or of a fixed permanent nature by proclamation. 17.) The Emperor, upon his coronation, investiture, or enthronement, will swear to faithfully carry out his functions, to obey the Constitution and the laws and ensure that they are obeyed. 18.) The Emperor has the right to mint money in pursuance of the law. 19.) The Emperor and designated Imperial family members shall receive for their services just compensation which shall not be diminished. 20.) The Emperor may propose bills of law to the Estates-General he wishes to be passed. 21.) The Emperor may call forth the militia to execute the laws of the Empire, suppress insurrections and repel invasions. 22.) The Emperor may act as counsel to the Estates-General. 23.) The Emperor, only when the judicial branch is incapacitated due to lack of participation as is mentioned in Chapter I, Article XXI and Chapter II, Article I, Section 7, will act as the Imperial Supreme Court.
ARTICLE II: THE EXECUTIVE BRANCH
1.) The executive power shall be vested in a Prime Minister of the Empire of the Alexandrians, who shall be the head of the government. He shall hold his office during the term of nine months and be elected as follows: 2.) Each citizen of the Empire, residing in one of its Departments, regardless of race, gender, or ability to pay a poll tax, and who shall not have been deprived of the right to vote based on punishment for a duly convicted crime, may vote for his or her choice for Prime Minister. Votes shall be tallied under the supervision of the State Electoral Commission (SEC). The person having the greatest number of votes shall be Prime Minister, if such number be a majority of the votes cast. If no person receives a majority of votes cast, a special election shall be called by the Emperor for thirty days after the general election and the three persons receiving the greatest number of votes during this general election shall be placed on the ballot. The person receiving the greatest number votes during the special election shall be Prime Minister notwithstanding a majority of the votes received. 3.) In case of removal of the Prime Minister from office, or of his death, resignation, or inability to discharge the duties of said office, the same shall transfer to the Deputy Prime Minister. In case of the removal, resignation or inability of both Prime Minister and Deputy Prime Minister, the Minister of Defense shall fulfill the duties of Prime Minister until the Emperor shall call a special election not less than 30 days or more than 45 days after the vacancy occurs to fill the unexpired term of the Prime Minister. 4.) The Prime Minister shall, at stated times, receive for his services, a compensation, which shall neither be increased nor diminished during the period for which he shall have been elected. 5.) The Prime Minister, before he enters on the execution of his office, he shall take the following oath or affirmation: “I do solemnly swear (or affirm) that I will faithfully execute the office of Prime Minister of the Empire of the Alexandrians, and will with the best of my ability, preserve, protect and defend the Emperor, the Empire and the Imperial Constitution of Alexandria.” 6.) The Prime Minister may recommend to the Emperor the appointment or dismissal of ministers to head each department within the Government bureaucracy. 7.) The Prime Minister may propose the creation of new ministries or departments, or the dissolution of existing ones. Their creation or dissolution must be approved by Estates-General. 8.) The Prime Minister shall from time to time write a speech for the Emperor to read before the Chambers of Parliament giving information on the state of the Empire, and recommend to their consideration such measures as he shall judge necessary and expedient; he may, on extraordinary occasions, convene both Chambers, or either of them, in case of disagreement between them, with respect to the time of adjournment, he may adjourn them to such time as he shall think proper; he shall receive ambassadors and other public ministers; he shall take care that the laws are faithfully executed. 9.) The Prime Minister shall make rules for the government and regulation of the Imperial Armed Forces. 10.) The Prime Minister may propose bills of law to the Estates-General he wishes to be passed. 11.) The Prime Minister may adopt Imperial Ordinances regarding a specified subject matter. These do not require ratification by the Estates-General. 11.) The Prime Minister or another Minister shall be removed from office for the commission of high crimes or treason, and by the process of Impeachment, and subsequent trial before the Imperial Supreme Court. A charge by Impeachment shall require a vote of two-thirds of both houses of the Estates-General before the Imperial Supreme Court will allow for the trial. Acquittal by result of a trial or by the insufficiency of the parliamentary vote shall not cause a discharge of any Public Minister.
ARTICLE III: LEGISLATIVE BRANCH
1.) All legislative powers herein granted shall be vested in the Imperial Estates-General, which shall have three estates: The First Estate, the Second Estate and the Third Estate.
Section 1: The First and Second Estates 1.) The First and Second Estates shall meet together and comprise one upper chamber of the Estates-General. 2.) The First Estate shall be composed of the nobility of the Empire. Each noble that is a member of the 1st Estate shall have one vote. 3.) The Second Estate shall be composed of the clergy of the Empire. Each member of the clergy that is a member of the 2nd Estate shall have one vote. 4.) The Emperor shall have a vote in the First Estate. 5.) The Upper Chamber shall draw up its rules of procedure and shall appoint a presiding officer called the Chief Speaker. The Upper Chamber shall appoint its own officers. 6.) The Upper Chamber shall have the sole power to try impeachments. When sitting for that purpose they shall be on oath or affirmation. When the Prime Minister is tried, the Chief Justice shall preside: and no person shall be convicted without the concurrence of two-third of the members present. 7.) Judgment in cases of impeachment shall not extend further than to removal from office, and disqualification to hold and enjoy any office of honor, trust or profit under the Empire: but the party convicted shall nevertheless be liable and subject to indictment, trial, judgment and punishment, according to law. 8.) To become a member of the Upper Chamber, a member of the Empire’s nobility or clergy should announce a public claim to a seat in the chamber during a session.
Section 2: The Third Estate 1.) The Third Estate shall be the lower chamber of the Estates-General. 2.) The Third Estate shall be comprised of all Alexandrian citizens that are not nobility or clergy of the Empire. Each member of the Third Estate shall have one vote. 3.) Members of the Third Estate shall be known as Deputies. 4.) The Third Estate shall draw up its own rules of procedures and shall appoint its Speaker and its own officials. 5.) To become a member of the Lower Chamber, one must register with the Speaker of the Third Estate during its session. 6.) The Third Estate shall have the sole power of impeachment.
Section 3: Organization of the Estates-General 1.) The Estates-General shall meet for nine months every year, and in every October 15th the session will close and have a recess of one week until it reconvenes again, unless by law they appoint a different day. 2.) Each Chamber shall be the judge of the qualifications of its own members, and may be authorized to compel the attendance of absent members, in such manner, and under such penalties as each Chamber may provide. 3.) Each Chamber shall keep a journal of its proceedings and the yeas and nays of the members of each Chamber to be kept by the Speaker of each Chamber and published at the end of every session. 4.) Each member of the Estates-General shall receive compensation for their services, to be paid out by the Imperial Treasury. The compensation shall be ascertained by law. No law, varying the compensation for services of Members of the Estates-General, shall take effect until the next session. 5.) Each Chamber may determine its rules of proceedings, punish members for disorderly conduct, and with the concurrence of two-thirds, expel a member. 6.) All bills for raising revenue shall originate in the Third Estate; but the First and Second Estates may propose or concur with amendments as on other bills. 7.) Every bill which shall have passed the Estates-General, shall, before it becomes a law, be presented to the Emperor of Alexandria; if he approve he shall sign it, but if not he shall return it, with his objections to the Chamber in which it shall have originated, who shall enter the objections at large on their journal and proceed to consider it. If after such reconsideration two-thirds of that Chamber shall agree to pass the bill, it shall be sent together with the objections, to the other Chamber, by which it shall likewise be reconsidered, and if approved by two-thirds, it shall become a law. If any bill shall not be returned by the Emperor within 31 days (excluding Saturdays and Sundays) after it shall have been presented to him, the same shall be a law, in like manner as if he had signed it, unless the Estates-General by their adjournment prevents its return, in which case it shall not be a law. 8.) Every order, resolution or vote to which the concurrence of the Estates-General may be necessary (except adjournment) shall be presented to the Emperor; and before the same shall take effect, shall be approved by him, or being disapproved by him, shall be repassed by two-thirds of the Chambers, according to the rules and limitations prescribed in the case of a bill. 9.) The sittings of the Estates-General shall be held in public. 10.) The sittings shall be private if the members of the Estates-General so decide by a majority vote. 11.) Decisions in the Estates-General shall be taken by majority. 12.) The members shall not be bound to a mandate or instructions when casting their votes.
Section 4: Powers granted to the Imperial Estates-General The Estates-General shall have the power to: 1.) To lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the Empire; but all duties, imposts and excises shall be uniform throughout the Empire. 2.) To borrow money on the credit of the Empire; 3.) To regulate the monetary system of the Empire; 4.) To establish Imperial elementary, secondary, and post-secondary school systems and standards of education uniform throughout the Empire; 5.) To establish a system of aide for the underprivileged of the Empire; 6.) To provide for the punishment of counterfeiting the securities and current coin of the Empire; 7.) To constitute tribunals inferior to the Imperial Supreme Court; 8.) To define and punish piracies committed in cyberspace and out of it, and offenses against the nations; 9.) To raise and support armies, but no appropriation of money to that use shall be for a longer term than two years; 10.) To provide and maintain an Internet Imperial Navy; 11.) To provide for organizing, arming, and disciplining the militia, and for governing such part of them as may be employed in the service of the Empire, reserving to the Departments respectively, the authority of training the militia according to the discipline prescribed by the Imperial Estates-General; 12.) To exercise total legislative authority over all places in the Empire in which the same shall be for the erection of forts, magazines, arsenals, dockyards, and other needful buildings; and — 13.) To make all the laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Imperial Constitution in the government of the Empire, or in any department or officer thereof.
Section 5: Powers forbidden to the Imperial Estates-General 1.) The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may requite it. 2.) No bill of attainder or ex post facto law shall be passed. 3.) No capitation tax shall be laid. 4.) No tax or duty shall be laid on articles exported from any Department. 5.) No preference shall be given by any regulation of commerce or revenue to the parts of one Department over those of another: nor shall vessels bound to, or from, one Department, be obliged to enter, clear or pay duties in another. 6.) No money shall be drawn from the treasury; but in consequence of appropriations made by law; and a regular statement and account of receipts and expenditures of all public money shall be published from time to time. 7.) No person holding any office of profit or trust under them, shall without the consent of the Estates-General or the Prime Minister, accept any present, emolument, office, or title, of any kind whatsoever, from any alien king, prince, or republic.
ARTICLE IV: THE JUDICIAL POWER
Section 1.) Justice emanates from the people and is administered in the name of the King/Emperor by Judges and Magistrates who are members of the judicial power and who are independent, responsible, and subject only to the rule of the law. A.) The Judicial Power shall be vested in an Imperial Supreme Court and other courts of limited jurisdiction. The other courts and their jurisdiction may from time to time be established, altered or abolished by law. B.) The exercise of jurisdictional power in any type of processes passing judgments and having judgments executed belongs exclusively to the Courts and Tribunals as determined by the laws, according to the norms on the competence and procedure which they establish. C.) The Courts and Tribunals shall not exercise any functions other than those set forth in the previous paragraph and those expressly attributed to them by law to guarantee any right. D.) Exceptional Tribunals are prohibited. E.) The principle of jurisdictional unity is the basis of the organization and operation of the Tribunals. F.) The Judicial Power shall extend to all cases, in law and equity, arising under this Organic Law, the Laws of the KUME, and treaties made, or which shall be made, under their authority. G.) Justice shall be free of charge when the law so provides and in any case for those who have insufficient means to litigate. H.) Judicial proceedings shall be public, with the exceptions provided for by the laws on procedure. I.) The sentences shall always be motivated and shall be pronounced in public audience.
Section 2. ) The Imperial Supreme Court, with universal jurisdiction, is the highest jurisdictional organ of the judiciary. A.) The Emperor shall appoint a Chief Justice to preside over the Imperial Supreme Court, and all other justices who shall sit upon the Imperial Supreme Court, his appointments being subject to the approval of Estates-General. B.) There shall be no more than 9 justices in number. C.) In all cases affecting Ambassadors, public ministers, impeachment and in which the state shall be a party, the Imperial Supreme Court shall have original jurisdiction, in all the other cases before mentioned, the Imperial Supreme Court shall have appellate jurisdiction, both as to law and fact. Original jurisdiction matters not pertaining to the above-enumerated circumstances shall reside within a lower court.
Section 3.) The Office of the Minister of Justice, without prejudice to the functions entrusted to other organs, has the mission of promoting the action of justice throughout the nation. A.) The Minister of Justice exercises its functions by means of its own organs in conformity with the principles of unity of action and hierarchical dependency, subject in all cases to the principles of legality and impartiality. B.) The Minister of Justice shall be appointed by the Emperor at the proposal of the Government.
Section 4.) Citizens may exercise popular action and participate in the Administration of Justice through the institution of the Jury in the manner that the law may determine for certain criminal trials, as well as in the customary and traditional Courts.
Section 5.) The police come under the Judges, the Courts, and the Minister of Justice in their functions of investigating crimes and finding and seizing the criminal under the terms the law may establish.
Section 6.) The Judges and Magistrates, as well as the prosecutors, while on active service, may not hold other public positions. The law shall establish the system and modalities of professional association of Judges, Magistrates, and Prosecutors. The law shall establish the system of incompatibilities of the members of the judicial power which must insure their total independence.
ARTICLE V: THE STATE ELECTORAL COMMISSION
1.) The State Electoral Commission, or SEC, is responsible for holding elections and ensuring the accuracy and fairness of the tallying process. 2.) The Emperor shall preside over the SEC in an impartial manner. The Emperor shall appoint others to help him ensure that the elections are fair and accurate.
Chapter III: The Empire
Article I: [Institution of the Empire]
1.) Mainland Alexandria, composed by Alexandria-Sardinia, Gradlia, Kettle, Franciscania and Nubinar, and the peoples of the Grand Duchy of New Puerto Rico who, by free determination, adopt the present Constitution thereby institute an Empire. 2.) The Empire shall be based on the equality and solidarity of the peoples composing it.
Article II: [Definition, Creation and Self-government of territorial entities]
1.) The territorial entities of the Empire are the Departments and Overseas Territories. Any other territorial entities shall be created by legislation. 2.) These entities have the right to freely govern themselves under conditions fixed by legislation. 3.) In the Departments and Overseas Territories, the Prime Minister of the Empire shall be responsible for the national interests, administrative supervision, and law enforcement.
Article III: [Territorial Status, National Self-Determination]
1.) The Overseas Territories may retain their status within the Empire. 2.) If they express a will to do so, they shall become Departments of the Empire.
Article IV: [New Departments or Overseas Territories]
New Departments or Overseas Territories may be admitted by the Estates-General into the Empire; but no new Department shall be created or formed by the junction of two or more Departments, or parts of Departments, without the consent of the Departments concerned as well as the Estates-General.
Article V: [Democratic government]
The Empire of the Alexandrians shall guarantee to every Department and Overseas Territory in the Empire a democratic form of government, and shall protect each of them against invasion and domestic violence.
Chapter IV: THE CHARTER OF RIGHTS AND LIBERTIES
PART ONE: RIGHTS AND LIBERTIES
Article I [Equality]
All persons in Alexandria shall be treated equally in equal circumstances. Discrimination on the grounds of religion, belief, political opinion, race, or sex or on any other grounds whatsoever shall not be permitted. Slavery is hereby abolished.
Article II [Citizenship]
(1) Alexandrian nationality shall be regulated by Act of the Estates-General or Imperial Decree. (2) The admission and expulsion of aliens shall be regulated by Act of the Estates-General or Imperial Decree. (3) Extradition may take place only pursuant to a treaty. Further regulations concerning extradition shall be laid down by the Estates-General. (4) Everyone shall have the right to leave the country, except in the cases laid down by Estates-General or Imperial Decree.
Article III [Eligibility Right]
All Alexandrian nationals shall be equally eligible for appointment to public service.
Article IV [Right to Vote]
Every Alexandrian national shall have an equal right to elect the members of the general representative bodies and to stand for election as a member of those bodies, subject to the limitations and exceptions prescribed by Act of the Estates-General.
Article V [Petitions]
Everyone shall have the right to submit petitions in writing to the competent authorities.
Article VI [Religion, Belief]
(1) Everyone shall have the right to manifest freely his religion or belief, either individually or in community with others, without prejudice to his responsibility under the law. (2) Rules concerning the exercise of this right other than in buildings and enclosed places may be laid down by Act of the Estates-General or Imperial Decree for the protection of health, in the interest of traffic and to combat or prevent disorders.
Article VII [Expression]
(1) No one shall require prior permission to publish thoughts or opinions through the press, without prejudice to the responsibility of every person under the law. (2) Rules concerning radio and television shall be laid down by Act of the Estates-General and Imperial Decree. There shall be no prior supervision of the content of a radio or television broadcast. (3) No one shall be required to submit thoughts or opinions for prior approval in order to disseminate them by means other than those mentioned in the preceding paragraphs, without prejudice to the responsibility of every person under the law. The holding of performances open to young persons may be regulated by Act of the Estates-General in order to protect good morals. (4) The preceding paragraphs do not apply to commercial advertising.
Article VIII [Association]
The right of association shall be recognized. This right may be restricted by Act of the Estates-General or Imperial Decree in the interest of public order.
Article IX [Assembly]
(1) The right of assembly and demonstration shall be recognized, without prejudice to the responsibility of everyone under the law. (2) Rules to protect health, in the interest of traffic and to combat or prevent disorders may be laid down by Act of the Estates-General or Imperial Decree.
Article X [Privacy]
(1) everyone shall have the right to respect for his privacy, without prejudice to restrictions lay down by or pursuant to Act of the Estates-General or Imperial Decree. (2) Rules to protect privacy shall be laid down by Act of the Estates-General or Imperial Decree in connection with the recording and dissemination of personal data. (3) Rules concerning the rights of persons to be informed of data recorded concerning them and of the use that is made thereof, and to have such data corrected shall be laid down by Act of the Estates-General or Imperial Decree.
Article XI [Personal Integrity]
Everyone shall have the right to inviolability of his person, without prejudice to restrictions laid down by or pursuant to Act of the Estates-General or Imperial Decree.
Article XII [Home]
(1) Entry into a home against the will of the occupant shall be permitted only in the cases laid down by or pursuant to Act of the Estates-General, by those designated for the purpose by or pursuant to Act of the Estates-General. (2) Prior identification and notice of purpose shall be required in order to enter a home under the preceding paragraph, subject to the exceptions prescribed by Act of the Estates-General. A written report of the entry shall be issued to the occupant.
Article XIII [Secrecy of Communication]
(1) The privacy of correspondence shall not be violated except, in the cases laid down by Act of the Estates-General, by order of the courts. (2) The privacy of the telephone and telegraph shall not be violated except, in the cases laid down by Act of the Estates-General, by or with the authorization of those designated for the purpose by Act of the Estates-General.
Article XIV [Property]
(1) Expropriation may take place only in the public interest and on prior assurance of full compensation, in accordance with regulations laid down by or pursuant to Act of the Estates-General or Imperial Decree. (2) Prior assurance of full compensation shall not be required if in an emergency immediate expropriation is called for. (3) In the cases laid down by or pursuant to Act of the Estates-General or Imperial Decree there shall be a right to full or partial compensation if in the public interest the competent authority destroys property or renders it unusable or restricts the exercise of the owner's rights to it.
Article XV [Personal Liberty, Arrest]
(1) Other than in the cases laid down by or pursuant to Act of the Estates-General or Imperial Decree, no one may be deprived of his liberty. (2) Anyone who has been deprived of his liberty other than by order of a court may request a court to order his release. In such a case he shall be heard by the court within a period to be laid down by Act of the Estates-General or Imperial Decree. The court shall order his immediate release if it considers the deprivation of liberty to be unlawful. (3) The trial of a person who has been deprived of his liberty pending trial shall take place within a reasonable period. (4) A person who has been lawfully deprived of his liberty may be restricted in the exercise of fundamental rights in so far as the exercise of such rights is not compatible with the deprivation of liberty.
Article XVI [Nulla Poena Sine Lege]
No offence shall be punishable unless it was an offence under the law at the time it was committed.
Article XVII [Right to be Heard]
No one may be prevented against his will from being heard by the courts to which he is entitled to apply under the law.
Article XVIII [Right to Counsel]
(1) Everyone may be legally represented in legal and administrative proceedings. (2) Rules concerning the granting of legal aid to persons of limited means shall be laid down by Act of the Estates-General or Imperial Decree.
Article XIX [Work]
(1) It shall be the concern of the authorities to promote the provision of sufficient employment. (2) Rules concerning the legal status and protection of working persons and concerning co-determination shall be laid down by Act of the Estates-General or Imperial Decree. (3) The right of every Alexandrian national to a free choice of work shall be recognized, without prejudice to the restrictions laid down by or pursuant to Act of the Estates-General or Imperial Decree.
Article XX [Welfare]
(1) It shall be the concern of the authorities to secure the means of subsistence of the population and to achieve the distribution of wealth. (2) Rules concerning entitlement to social security shall be laid down by Act of the Estates-General. (3) Alexandrian nationals resident in the Alexandria who are unable to provide for themselves shall have a right, to be regulated by Act of the Estates-General, to aid from the authorities.
Article XXI [Environment]
It shall be the concern of the authorities to keep the country habitable and to protect and improve the environment.
Article XXII [Health]
(1) The authorities shall take steps to promote the health of the population. (2) It shall be the concern of the authorities to provide sufficient living accommodation. (3) The authorities shall promote social and cultural development and leisure activities.
Article XXIII [Education]
(1) Education shall be the constant concern of the Government. (2) All persons shall be free to provide education, without prejudice to the authorities' right of supervision and, with regard to forms of education designated by law, its right to examine the competence and moral integrity of teachers, to be regulated by Act of the Estates-General. (3) Education provided by public authorities shall be regulated by Act of the Estates-General, paying due respect to everyone's religion or belief. (4) The authorities shall ensure that primary education is provided in a sufficient number of public-authority schools in every municipality. Deviations from this provision may be permitted under rules to be established by Act of the Estates-General on condition that there is opportunity to receive the said form of education. (5) The standards required of schools financed either in part or in full from public funds shall be regulated by Act of the Estates-General, with due regard, in the case of private schools, to the freedom to provide education according to religious or other belief. (6) The requirements for primary education shall be such that the standards both of private schools fully financed from public funds and of public-authority schools are fully guaranteed. The relevant provisions shall respect in particular the freedom of private schools to choose their teaching aids and to appoint teachers as they see fit. (7) Private primary schools that satisfy the conditions laid down by Act of the Estates-General shall be financed from public funds according to the same standards as public-authority schools. The conditions under which private secondary education and pre-university education shall receive contributions from public funds shall be laid down by Act of the Estates-General. (8) The Government shall submit annual reports on the state of education to the Estates-General.
Article XXIV [Observance of religion]
No one may be forced to take part in any way whatsoever in the acts and ceremonies of a religion or to observe its day of rest.
Article XXV [Prohibition of Extradition]
No citizen may be extradited to a foreign country.
Article XXVI [Admissible restrictions]
1.) The Empire of the Alexandrians can apply restrictions on individual rights only for the purpose of protecting individual rights of other persons or furthering other state interests explicitly mentioned in this Constitution. 2.) Any restriction on individual rights must be competent and narrowly tailored to further the constitutional interest. In no case may the essence of a fundamental right be infringed. 3.) Any restriction must apply generally and not solely to an individual case.
Article XXVII [Forfeiture of Fundamental Rights]
1.) Persons and political parties who abuse fundamental rights in order to combat the free democratic basic order forfeit these rights. 2.) Such forfeiture and the extent thereof is determined by the Imperial Supreme Court.
Article XXVIII [Deprivation of Electoral Rights]
By final court order, the right to vote and to be elected can, partially or at large, temporarily or unlimited, be suspended if a citizen: a.) Has not the requisite mental capacity for any legal responsibility or; b.) Has irrevocably been sentenced to at least one year of imprisonment.
PART TWO: DUTIES
Article I [Military Service]
1.) All Alexandrian nationals who are capable of doing so shall have the duty to cooperate in maintaining the independence of the State and defending its territory. 2.) This duty may also be imposed on residents of the Empire of the Alexandrians who are not Alexandrian nationals.
PART THREE: BURDENS
Article I [Taxation]
1.) The Empire of the Alexandrians levies taxes from its citizens. 2.) The Empire levies taxes throughout the land.
Chapter IV: Supreme Law of the land; Ratification, amending of constitution
Article 1: [Supreme Law of the Land]
1.) This Imperial Constitution, and the laws of the Empire which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the Empire of the Alexandrians, shall be the supreme law of the land; and the judges in every Department or Overseas Departments shall be bound thereby, any thing in the Constitution or the laws of any Department to the contrary notwithstanding. 2.) From the day the Constitution enters into force, all laws, decrees, decisions, regulations, and other acts in conflict with it are abolished.
Article 2: [Ratification of the Constitution]
This Constitution shall be ratified by any of these three ways: 1.) Public Referendum called by the Emperor; 2.) A two-thirds vote of each Chamber of the Estates-General; 3.) An Imperial Decree countersigned by the Prime Minister and the Speakers of the Chambers of the Estates-General.
Article 3: [Amending the Constitution]
This Constitution shall be amended in any of the following ways: 1.) Public Referendum called by the Emperor; 2.) A two-thirds vote of each Chamber of the Estates-General; 3.) An Imperial Decree countersigned by the Prime Minister and the Speakers of the Chambers of the Estates-General; 4.) A Public Petition signed by at least half of the citizens of Alexandria. 5.) The calling of a Constitutional Convention to amend or revise the Constitution by popular vote every year.
Constitutional Amendment 001
Purpose: Establishing a uni-cameral Estates-General
Whereas the idea of having two chambers of the Estates-General would work only if Alexandria had a big amount of participants,
Whereas at the present time this is not the situation,
Be it decided by the Estates-General of the Empire of Alexandria ;
1. That Article III, Section 3, Clauses 1 and 2 of the Alexandrian Constitution shall be amended as follows:
Section 3: Organization of the Estates-General 1.) The Estates-General shall meet for nine months every year, and in every October 15th the session will close and have a recess of one week until it reconvenes again, unless by law they appoint a different day. This may be changed pursuant to an Act of the Estates-General. 2.) The Estates-General of Alexandria shall meet together unless an Act of the Estates-General prescribes to do otherwise.
Constitutional Amendment 002
Purpose: Changing the national name
Whereas we have evolved greatly these last two years that Madland has existed from a created world to a more serious micronation,
Whereas we believe that in order to gain the respect of all micronations around the world and to remain in the character of the theme of Madland as that of Pre-revolutionary and Napoleonic France,
Whereas we believe that a name change is in order to achieve our goals of becoming a better micronation,
1. Chapter I, Article I of the Alexandrian Constitution shall be amended as follows: Article I: [State Name] 1.) The official name of this political entity shall be the "Empire of the Alexandrians", its acronym being EoA. Its official short forms are: "Alexandria", "Alexandrian Empire", “the Empire”, and "Empire of Alexandria".
2. All instances that the word Madland, Madlandian or any such word that names this micronation or its people as Madland or Madlandians is used in the Constitution will be replaced with Alexandria or Alexandrian.
3. The name of the state of Madland-Sardinia is hereby changed to Alexandria-Sardinia.
4. The Ministry of Culture, History and Information will handle the task of renaming all of Madland's institutions and such and will enforce the cultural and thematic character of the nation as it sees fit.
5. The Estates-General shall consider drafting a Declaration of Seriousness for Madland as soon as possible.