Imperial Constitution

## The Case Study

*Authored by Dr Loral Feldebruin, Malik Castleon, Dr Hideo Matsuko, Avius Corrigan, Souther 519, Jonas van Kloven and Miranda Lockwood*

The following are the recommended basic points of the Imperial constitution.  It is intended to be a high-level document and to be subject to future discussion, debate and rigorous examination.

It is the estimation of the authors that the constitution, once put in place, would be a solid legal backbone for the Empire and therefore, by design, difficult to change.  Therefore, all possible care should be taken that the initial constitution is fit for purpose.

### **Section I: Imperial Governance**

#### Section I.1 - The Rex

I.1.A.       The sole sovereignty sole sovereignty of the Empire extends from the Rex (or Rexes) and all governmental power is exercised in their name.

a.       The Rexes can pass laws by Executive Order.

b.       The Rexes' power is also delegated to the Lord-Chancellor.

c.       On the death or other removal of the Rex, Imperial power divests to the Lord-Chancellor until a new Rex is selected and enthroned.

d.       On the abdication of the Rex, power will remain with the Chancellor until a new Rex is selected and enthroned.

e.    The Council may call an immediate Conclave at any time with a simple majority once the conditions of either 1.c or 1.d are met. (see I.1.C)

I.1.B. The Rex will have sole authority over foreign relations and to delegate this authority except:

a. All treaties or war declarations must be initiated by the Rex.

b.       Any treaty which will bind the Empire for more than 15 years must be approved by a majority vote of the Council of Governors.

c. A declaration of war or the deployment of Imperial military forces to a conflict outside Imperial territory shall require a majority vote of the Council of Governors.

I.1.C.   Rex will leave office on their death, abdication or removal from office after indictment by the Council of Governors.

a.       A Conclave shall be called to replace the Rex as soon as possible.

b.       The Conclave shall vote on the new Rex, who must, on a single ballot, achieve a majority of the vote.

i.      A plurality will start another ballot

c.       On a successful vote of the conclave, the new Rexes power will begin.

I.1.D.  Rex can be removed from office for high crimes against the state but otherwise is not subject to civil law or criminal proceedings.

a.       Indictment procedures can be undertaken by the Council of Governors for high crimes against the state.

b.       After a full trial undertaken by the Council of Governors, the Council shall vote on a verdict which requires a majority of the vote

I.1.E.  Rex has the sole authority to issue a pardon to a citizen of the Empire, removing a criminal conviction and the associated legal effects.

a.   Rex may not pardon themselves for any reason.

#### Section I.2 - The Governing Houses

I.2. A Each Inhabited System in the Empire will have a House appointed to govern that system and represent it to the Council of Governors.

a.      The Rex will nominate a House to represent an inhabited system once the Rex judges the system has sufficient population to require a Governing House. This will then be approved by a vote of the Council, in a tie vote the House is approved. If the House is rejected then Rex must nominate a different House.

b. Each House may govern only one system.

c. Each House must select one member by whatever process they see fit who will be the representative from that House to the Council of Governors and must be in attendance of the Council.

I.2.B. There shall be a Council of Governors composed of the representative from all Governing Houses with the following powers.

a.      The Council may veto laws from Parliament or orders from the Rex with a majority vote.

b. The Council may enact new laws. If at least two council members object, this will require a majority vote.

c. The Council vote shall count as a majority if over 50% of all Governing Houses vote in favour.

I.2.C. The Governing Houses shall have full legal and executive authority over the system that they govern, including any uninhabited bodies in the same system except as follows:

a.     Laws passed across the Empire become laws on all worlds within the Empire.

b. Bodies within the Sol system except for Earth and Mars (and their moons) shall be regarded as Imperial territory.

I.2.D. In the event an entire House is accused of having committed high crimes against the Empire it shall be brought to trial before the Council of Governors.

a.       A single representative shall be selected by the House to speak for them. If the House fails to provide a representative then the Rex will appoint one.

b. The Rex will appoint a representative to prosecute the House.

c. The Council of Governors will vote on the verdict. A ⅔ majority, not including the accused House, is required to convict.

d. If a House is convicted they are immediately stripped of all rights and privileges, all their assets are to be seized and held in trust until a new House can be appointed to assume control over the planet and assets.

#### Section I.3 - The Imperial Parliament

I.3.A.       The Imperial Parliament has legislative powers and can propose laws for the Empire which would then take effect on all worlds within the Empire.

a.       The Parliament serves for 10 years.

b.       Parliament can call for an early election on a 2/3rds vote of the full parliament

c.       Parliament can veto any law passed by the Council of Governors with a 2/3rds vote of the full parliament.

I.3.B. Members of Parliament will be elected from each inhabited planet within the Empire.

a.       The number of members of Parliament from a planet shall be determined by the population of that planet.

b. A candidate for Imperial Parliament must have no felony criminal convictions under Imperial law and be an Imperial Citizen.

c. Governing Houses may not interfere in the mechanics of the Parliamentary elections.

#### Section I.4 - The Imperial Court of Appeals

I.4.A.       The Judiciary of the Empire is led by the Court of Appeals, a panel of seven judges who are nominated by the Rexes and then approved by the Council of Governors.

a.      Court Appeals judges serve for a lifetime term.

i.    Judges may be subject to removal if unanimously deemed unfit to serve by the 6 other judges and the Rex.

b.      A Court of Appeals Judge can only be removed from office after indictment for high crimes by the Council of Governors.

c.   The number of sitting judges may only be increased or reduced with the consent of the Rex, a simple majority of the council and a simple majority of the Imperial Parliament.

d.   Any vacancy must be filled at the earliest possible opportunity, and not longer than a period of 3 months. If this period elapses the Imperial Parliament may appoint the replacement.

I.4.B The Court of Appeals is the final judicial court for any appeal from an Imperial Trial and has authority to interpret Imperial Constitutional law.

I.4.C The Court of Appeals has the power to bring into question, Laws which are found to be inconsistent with the Constitution.

#### Section 1.5 - Separation of Church and State

I.5.A. The Empire shall not make any laws establishing any religion and shall not impose any model of religious or spiritual beliefs upon its Citizens.

1. Providing that religions or spiritual beliefs do not contravene any Imperial Law or its Constitution, the Empire shall not ban them.

1. No religious organisations shall receive Imperial funds.

1. Imperial Citizens have the right to hold and express their own beliefs without discrimination.

### **Section II: Imperial Citizenship and Rights**

#### Section II.1 - Imperial Citizenship

II.1.A All persons born, activated or naturalized on an Imperial Planet, Spaceship, or Imperial Jurisdiction are citizens of the Empire and of the planet where they reside and are subject to its laws and constitution.

II.1.B Imperial Citizenship may not be removed or renounced except through permanent self-imposed exile.

#### Section II.2 - Imperial Rights

II.2.A All citizens of the Empire are guaranteed a legal defense, which shall be provided by the Empire if they cannot afford one, against criminal charges.

II.2.B No distinction may be made between citizens based on sex, race, religion, orientation, gender, species, or biological status.

II.2.C Citizens are guaranteed freedom of movement and employment.

II.2.D A citizen’s right to privacy shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

II.2.E Citizens are guaranteed a right to use and enjoyment of legally acquired private property.

II.2.F Citizens are guaranteed a right to preserve their own life and health.

II.2.G Citizens are guaranteed freedom of speech and self expression.

II.2.I Citizens are guaranteed freedom from Slavery and involuntary servitude.

### Section III: Legal Processes

#### Section III.1 - Amending the Constitution

II.1.A   In order to amend the constitution, the amendment must pass the following steps:

a.       It must pass a 2/3 majority vote in the Council of Governors

b.  c.     It must be approved by the Rex

II.1.B   To repeal a previous amendment, a new amendment must be passed

II.1.C Imperial Parliament may put forward an amendment with a simple majority, where it must then pass the steps outlined in II.1.A.

#### Section III.2 - Suspending Citizen’s Rights

III.2.A The Imperial Government may suspend rights in any Imperial territory by law or executive order. This suspension may last for no longer than 5 years, though maybe renewed.

III.2.B A citizen’s rights may be suspended in as much is required and no more, for the purposes of rehabiliatory or preventative justice, provided that they have been convicted beyond reasonable doubt of crimes against Imperial or local law by a randomly selected jury of their peers.

**Current Convention Panel**

Lord Abner Grumman of Technopolis

Lord Elyon Maquessa

Lord Hallam Tancredo

Leander Ashpool

Avram Teo