Constitution of Gristol-Serkonos

Ratified in 1925, the Imperial Constitution of Gristol-Serkonos is the fundamental law in Gristol-Serkonos. The Constitution consists of eight parts.

## Preamble

By the Grace of God and His Saviour, we, the loyal subjects of the Imperial Diarchy, rulers of the former Kingdom of Gristol and the Empire of Serkonos, hereby make it known:
That we establish this Constitution to improve upon the rules established by the Cromwell Caretaker Government.
That the Constitution was ratified in order to establish a Government of integrity and competence that shall embody our ideals, promote the general welfare and secure to ourselves and our posterity the blessings of democracy and a thriving economy under a regime of justice, peace, liberty, and equality.
Effective immediately, the Constitution shall overrule the Compromise of 1891.

## Preliminary Provisions

### The Sovereign Empire

* **§1.1** The political association of all Imperial citizens, regardless of ethnicity, constitutes a Nation, whose State shall be named the Sovereign Empire and Constitutional Union of the Kingdom of Gristol and the Empire of Serkonos. The state may also be called as the Sovereign Empire of Gristol-Serkonos or by its official designation; the Sovereign Empire and Constitutional Union of the Kingdom of Gristol and the Empire of Serkonos.

* **§1.2** The Sovereign Empire and Constitutional Union of the Kingdom of Gristol and the Empire of Serkonos is free and independent. Accordingly, the Sovereign Empire shall pursue an independent foreign policy, and in its relations with other states the paramount consideration shall be national sovereignty, territorial integrity, national interest, and the right to self-determination. However, the Sovereign Empire denounces war as an instrument of national policy, adopts the generally accepted principles of international and regional law as part of the law of the land, and adheres to the policy of peace, equality, justice, freedom, cooperation, and amity with all nations, maintaining privileged ties of friendship and cooperation with its neighboring countries in the region, and with countries it shares affinities with in language, history, culture, and values in democracy, human rights, and rule of law.

* **§1.3** Sovereignty resides exclusively in the people of the Sovereign Empire, who shall exercise it through their elected representatives and by means of referendum and petitions.

### The Government

* **§1.4** The Imperial Government of the Sovereign Empire is popular, representative, and responsible, and shall be divided among three distinct powers, which shall be the bicameral elected legislative, the hereditary executive, and appointed judicial. Never can any of the three powers be given to a person or corporation, nor shall the power of the elected legislative be vested in any single individual.

### The Diarchy

* **§1.5** The Imperial Diarchy is the supreme executive authority of the Empire. Never shall the powers shared by the Diarchs be given to a single person or corporation. Should the elected government chose to abandon the people, the Diarchy must stand as the supreme and final representative for the people of the Sovereign Empire.

### The Flag

* **§1.6** The Flag of the Sovereign Empire of Gristol-Serkonos shall be teal and gold, with two swans and the Imperial Standard as recognized by law. Flags of autonomous territories may be recognized provided that they are used together with the flag of the Sovereign Empire on public buildings and official ceremonies.

### With Regards to Sovereign Immunity

* **§1.7** The Imperial Diarchy is immune from prosecuted or proceeded against in either criminal or civil cases. The only means by which civil proceedings could be brought were: by way of petition of right, which was dependent on the grant of the royal fiat (i.e. permission), by suits against the Attorney-General for a declaration, or by actions against ministers or government departments where an Act of Parliament had specifically provided that immunity be waived.

* **§1.8** All civilian and military sections of the Imperial Government is accountable and can be litigated without its consent.

### Military and Police Forces

* **§1.9** The Imperial Government may call upon the people to defend the Sovereign Empire in times of war. The Imperial Gristol-Serkonos Defence Forces shall be composed of a professional armed force which shall undergo military training and serve, as may be provided by law. It shall keep a force necessary for the security of the State. Military authority shall at all times be shared between the Diarchs and the Civilian Government.

### The Language

* **§1.10** This Constitution shall be promulgated in English, Gristin and Serkonsi and shall be translated into territorial languages. The English draft shall be authoritative, and any conflict between them shall be resolved by recourse to the English draft.

## Laws of Succession

The laws of succession for the Imperial Diarchy follows the laws of succession of the Apostolic Kingdom of Gristol and the Empire of Serkonos, established in 1672 and 1549 respectively.

### The Succession Laws of the Rose Throne of Gristol

* **§1.1** The Rose Throne of Gristol may be inherited by Children born in wedlock.

* **§1.2** The Rose Throne of Gristol shall be inherited by the descendants of King Marius IV of House Felvaron.

* **§1.3** The Rose Throne of Gristol shall be inherited by a Roman Catholic belonging to the Church of Gristol-Serkonos.

* **§1.4** The Rose Throne of Gristol shall be inherited by a descendant born and raised in Gristol-Serkonos.

* **§1.5** A Prince or Princess may marry into a family of commoners.

* **§1.5** A Prince of Princess may not claim citizenship, King or Queenship of a foreign state without the consent of the incumbent Monarch.

#### Sub-Section of Chapter One: Primogeniture

* **§1.2.1.** The order of succession in the Rose Throne of Gristol is the Absolute Primogeniture

### The Succession Laws of the Iron Throne of Serkonos

* **§2.1** The Iron Throne of Serkonos may be inherited by Children born in wedlock.

* **§2.2** The Iron Throne of Serkonos shall be inherited by the descendants of Emperor Kaari I of House Esteria.

* **§2.3** The Iron Throne of Serkonos shall be inherited by a Roman Catholic belonging to the Church of Gristol-Serkonos.

* **§2.4** The Iron Throne of Serkonos shall be inherited by a descendant born and raised in Gristol-Serkonos.

* **§2.5** A Prince or Princess may not marry into a family of commoners.

* **§2.5** A Prince of Princess may not claim citizenship, King or Queenship of a foreign state without the consent of the incumbent Monarch.

#### Sub-Section of Chapter Two: Primogeniture

* **§2.2.1.** The order of succession in the Iron Throne of Serkonos is the Agnatic Primogeniture.

* **§2.2.2.** If the ruling Monarch does not father any sons, the eldest daughter shall inherit the throne.

## Political Duties of the Imperial Diarchy

* **§1.1** The Sovereign Empire of Gristol-Serkonos is a sovereign constitutional diarchy, led by the diarchs whom has been given the right to rule by the Lord Almighty. The Diarchs must sincerely and conscientiously observe the Constitution and be the final and supreme authority for the people of Gristol-Serkonos.

* **§1.2** Should the actions of the Imperial Government infringe upon the rights and privileges of the Imperial Citizens as stated in the Constitution, the Diarchs has the constitutional right to remove officials from power, veto legislation, and dissolve the Diet to force an elections at their own discretion.

## Establishment of the Central Legislature

### Responsibilities of the Central Legislature

* **§1.1** The Rieshistagi is the Central Legislature of the Sovereign Empire.

* **§1.2** The Rieshistagi will have 810 elected members with 180 appointed senators representing the people of the Sovereign Empire.
	+ **§1.2.1** The seat count may increase its seats following acquisition of new territory to account for the population of the territory. It may increase should the population growth of the Sovereign Empire require new elected constituencies.
	+ **§1.2.2** The lower house of the Rieshistagi, named the Consei-Estadi, will consist of 810 members, 626 members are elected by a single plurality, with 184 members elected through proportional representation.
	+ **§1.2.3** The upper house of the Rieshistagi, named the Consei-Senati, will consist of 180 senators, appointed by the party leaders of the Consei-Estadi based on the number of seats the party won in the election.

* **§1.3** The Rieshistagi can wield authority to overrule legislation of the devolved legislatures.

* **§1.4** Only can the Rieshistagi decide the economic, foreign, domestic, and military policies of the Sovereign Empire.

## Establishment of the Devolved Legislatures

* **§1.1** Under this section, the Rieshistagi and the Imperial Diarchy hereby establishes the devolved legislatures of Gristol and Serkonos.

* **§1.2** These devolved legislatures will have their own elected government and an appointed judicial.

* **§1.3** In keeping with the traditions of the former monarchies, these devolved legislatures will be allowed to recognize the following:

* **§1.3.1** The Diarch of Gristol shall be recognized by the devolved legislature of Gristol and the Crown Lands under its jurisdiction as the Monarch of Gristol and the rightful inheritor of the Rose Throne of Gristol.

* **§1.3.2** The Diarch of Serkonos shall be recognized by the devolved legislature of Serkonos and the Crown Lands under its jurisdiction as the Monarch of Serkonos and the rightful inheritor of the Iron Throne of Serkonos

* **§1.3.3** These Diarchs will retain their title as King or Queen of Gristol, and Emperor or Empress of Serkonos.

* **§1.4** These devolved legislatures will retain their traditional judicial systems.

* **§1.5** Officials from the Rieshistagi elected from the Capital District Region will make up the third devolved legislature.

## Division of Powers Between the Central and Devolved Legislatures

* **§1.1** Under the 1925 Devolution Agreement, the Rieshistagi will devolve certain administrative powers to devolved legislatures of Gristol and Serkonos.

* **§1.2** The administrative powers devolved from the Rieshistagi follows:

* **§1.2.1** The power of the legislatures to decide their own annual expenditures with the funds provided jointly by the Rieshistagi and the tax revenue gathered by the Legislature.

* **§1.2.2** Granted exclusive powers for the devolved legislature to decide its own justice, civil and criminal laws.

* **§1.2.3** Further grants devolved legislatures powers to establish its own law enforcement with certain limitations.

* **§1.2.3.1** (1978 AMENDMENT) The Imperial Gendarmerie of Gristol-Serkonos and the Imperial Police Force are granted operational powers within the crown lands under the jurisdiction of the devolved legislature.

* **§1.2.3.2** (1978 AMENDMENT) The Imperial Gendarmerie is are capable of enforce its own policies on the grounds of anti-terrorism with coordination with the Directorate of Military Intelligence. The Imperial Police Force can coordinate serious crime through their Criminal Investigative Division.

* **§1.2.3.3** (1978 AMENDMENT) While the Imperial Gendarmerie and the Imperial Police Force are granted abilities as stated above, it is subject to scrutiny to relevant governmental bodies, as well as their Gristoli and Serkonosean counterparts. This includes the SE Rieshistagi, the Diet of Gristol, and the Serkonosean Parliament.

## Charter of Rights and Freedoms of an Imperial Citizen

The Charter of Rights and Freedoms of an Imperial Citizen guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.

### Guarantee of Rights and Freedoms

* **§1.1** The Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.

### Fundamental Freedoms

* **§2.1** The Charter guarantees the Imperial Citizen's undeniable right to:

* **§2.1.1** The freedom of conscience and religion

* **§2.1.2** The freedom of thought, belief, opinion and expression. It includes the freedom of the press and other media of communication

* **§2.1.3** The freedom of peaceful assembly

* **§2.1.4** The freedom of association.

### Democratic Rights

* **§3.2** Every citizen of the Sovereign Empire has the right to vote in an election of members of the Rieshistagi or of a legislative assembly and to be qualified for membership therein.

* **§3.3** There shall be a sitting of Rieshistagi and of each devolved legislature at least once every twelve months.

* **§3.4** The maximum duration of legislatures is set at four years.

* **§3.4.1** In time of real or apprehended war, invasion or insurrection, the Consei-Estadi may be continued by Rieshistagi and a legislative assembly may be continued by the legislature beyond four years if such continuation is not opposed by the votes of more than one-third of the members of the Consei-Estadi or the legislative assembly, as the case may be.

### Mobility Rights

* **§4.5** Every citizen of the Sovereign Empire has the right to enter, remain in and leave.

* **§4.5.1** Every citizen of the Sovereign Empire and every person who has the status of a permanent resident of the Sovereign Empire has the right:

* **§4.5.2** To move to and take up residence in any Crown Land or Territory; and

* **§4.5.3** To pursue the gaining of a livelihood in any Crown Land or Territory.

* **§4.6** The rights specified in subsection (1.5.2) are subject to

* **§4.6.1** any laws or practices of general application in force in a Crown Land and Territory other than those that discriminate among persons primarily on the basis of Crown Land or Territory of present or previous residence; and

* **§4.6.1** any laws providing for reasonable residency requirements as a qualification for the receipt of publicly provided social services.

* **§4.6** Subsections (3.5.2) and (3.5.3) do not preclude any law, program or activity that has as its object the amelioration in a Crown Land or Territory of conditions of individuals in that province who are socially or economically disadvantaged if the rate of employment in that province is below the rate of employment in the Sovereign Empire.

### Legal Rights

* **§5.1** Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.
* **§5.2** Everyone has the right to be secure against unreasonable search or seizure.
* **§5.3** Everyone has the right not to be arbitrarily detained or imprisoned.
* **§5.4** Everyone has the right on arrest or detention
	+ **§5.4.1** to be informed promptly of the reasons therefor;
	+ **§5.4.2** to retain and instruct counsel without delay and to be informed of that right; and
	+ **§5.4.3** to have the validity of the detention determined by way of *habeas corpus* and to be released if the detention is not lawful

* **§5.5** Any person charged with an offence has the right:
	+ **§5.5.1** to be informed without unreasonable delay of the specific offence;
	+ **§5.5.2** to be tried within a reasonable time;
	+ **§5.5.3** not to be compelled to be a witness in proceedings against that person in respect of the offence;
	+ **§5.5.4** to be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal;
	+ **§5.5.5** not to be denied reasonable bail without just cause;
	+ **§5.5.6** except in the case of an offence under military law tried before a military tribunal, to the benefit of trial by jury where the maximum punishment for the offence is imprisonment for five years or a more severe punishment;
	+ **§5.5.7** not to be found guilty on account of any act or omission unless, at the time of the act or omission, it constituted an offence under the Sovereign Empire or international law or was criminal according to the general principles of law recognized by the community of nations;
	+ **§5.5.8** if finally acquitted of the offence, not to be tried for it again and, if finally found guilty and punished for the offence, not to be tried or punished for it again;
	+ **§5.5.9** if found guilty of the offence and if the punishment for the offence has been varied between the time of commission and the time of sentencing, to the benefit of the lesser punishment.

* **§5.6** Everyone has the right not to be subjected to any cruel and unusual treatment or punishment.
* **§5.7** A witness who testifies in any proceedings has the right not to have any incriminating evidence so given used to incriminate that witness in any other proceedings, except in a prosecution for perjury or for the giving of contradictory evidence.
* **§5.8** A party or witness in any proceedings who does not understand or speak the language in which the proceedings are conducted or who is deaf has the right to the assistance of an interpreter.

### Right to Equality

* **§6.1** Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.

* **§6.1.1** Subsection (6.1.1) does not preclude any law, program or activity that has as its object the amelioration of conditions of disadvantaged individuals or groups including those that are disadvantaged because of race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.

### Official Languages

* **§7.1** English, Gristin, and Serkonsi are the official languages of the Sovereign Empire.

* **§7.2** Everyone has the right to use English, Gristin, and Serkonsi in any debates and other proceedings of the Rieshistagi.

* **§7.3** The statutes, records and journals of the Rieshistagi shall be printed and published in English, Gristin, and Serkonsi and both the English language is the authoritative.

* **§7.4** Either English, Gristin, and Serkonsi may be used by any person in, or in any pleading in or process issuing from, any court established by the Rieshistagi.

* **§7.5** Any member of the public in the Sovereign Empire has the right to communicate with, and to receive available services from, any office of an institution of the legislature or government of the Sovereign Empire in English, Gristin, and Serkonsi.

* **§7.6** Nothing in sections 7.1 to 7.5 abrogates or derogates from any right, privilege or obligation with respect to the English, Gristin, and Serkonsi languages, or either of them, that exists or is continued by virtue of any other provision of the Imperial Constitution.

* **§7.7** Nothing in sections 7.1 to 7.5 abrogates or derogates from any legal or customary right or privilege acquired or enjoyed either before or after the coming into force of this Charter with respect to any language that is not English, Gristin, and Serkonsi languages.