Second Espaerian Constitution

*With unwavering faith and a steadfast will to strengthen and develop the Realm of Espaeria, which embodies the inextinguishable right of the people of Espaeria to national self-determination which is founded on liberty, justice, and the rule of law, which is created to protect the peace and defend the people against aggression from the outside, and which forms a pledge to present and future generations for their social progress and welfare, which must guarantee the preservation of the Espaerian people and the Espaerian culture through the ages.*

## CHAPTER I. GENERAL PROVISIONS

**Article 1i.** Espaeria is an independent and sovereign democratic union of devolved states, wherein the supreme power of state is vested in the people. The independence and sovereignty of Espaeria is timeless and inalienable.

**Article 1ii.** The land, territorial waters, and airspace of the Espaerian state are an inseparable and indivisible whole. Espaeria is politically a unitary state wherein administrative division shall be provided by law.

**Article 1iii.** It is the responsibility of the state to exercise state authority primarily in accordance with the Constitution and any laws that are in accordance with it. Laws shall be published in the prescribed manner. Only published laws have obligatory force.

**Article 1iv.** The activities of an active Parliament of Espaeria, the President, shall be organised with a balance of powers between the judiciary, legislature, and executive.

## CHAPTER II. FUNDAMENTAL RIGHTS, FREEDOMS, AND DUTIES

**Article 2i.** Every Espaerian has the right to enter Espaerian soil. All Espaerian’s who have lost their citizenship have the right to its resumption through legal channels. No Espaerian may be deprived of citizenship because of race, ethnicity, or background.

**Article 2ii.** The rights, freedoms and duties of each and every person, as set out in the Constitution, shall be equal for all Espaerian citizens.

**Article 2iii.** Rights and freedoms may be restricted only in accordance with the Constitution. Such restrictions must be necessary in a democratic society and shall not distort the nature of the rights and freedoms restricted. The incitement of hatred, violence or discrimination between social strata shall, by law, also be prohibited and punishable.

**Article 2iv.** The guarantee of rights and freedoms is the duty of the legislative, executive, and judicial powers, and of devolved assemblies.

**Article 2v.** No one’s honour or good name shall be defamed.

**Article 2vi.** No one shall be presumed guilty of a criminal offence until a conviction by a court against him or her enters into force. No one has the duty to prove his or her innocence in a criminal procedure. No one shall be compelled to testify against himself or herself, or against those closest to him or her.

**Article 2vii.** An Espaerian citizen has the right to freely choose his or her area of activity, profession, and place of work. Conditions and procedure for the exercise of this right may be provided by law.

**Article 2viii.** Positions in state agencies and devolved assemblies shall be led by Espaerian citizens, on the basis of and pursuant to procedure established by law.

**Article 2ix.** Espaerian citizens have the right to engage in enterprise and to form commercial undertakings and unions. Conditions and procedure for the exercise of this right may be provided by law.

**Article 2x.** The property of every person is inviolable and equally protected. Property may be expropriated without the consent of the owner only in the public interest, in the cases and pursuant to procedure provided by law, and for fair and immediate compensation. Everyone whose property is expropriated without his or her consent has the right of recourse to the courts and to contest the expropriation, the compensation, or the amount thereof. Everyone has the right to freely possess, use, and dispose of his or her property. Restrictions shall be provided by law. Property shall not be used contrary to the public interest.

**Article 2xi.** Everyone who is legally in Espaeria has the right to freedom of movement and to choose residence. The right to freedom of movement may be restricted in the cases and pursuant to procedure provided by law to protect the rights and freedoms of others.

**Article 2xii.** An author has the inalienable right to his or her work. The state shall protect the rights of the author.

**Article 2xiii.** Everyone has freedom of conscience, religion and thought. Everyone may freely belong to churches and religious societies. There is no state church. Everyone has the freedom to exercise his or her religion, both alone and in community with others, in public or in private, unless this is detrimental to public order, health or morals.

**Article 2xiv.** Everyone has the right to remain faithful to his or her opinions and beliefs. No one shall be compelled to change them. Beliefs shall not excuse a violation of the law. No one shall bear legal liability because of his or her beliefs.

**Article 2xv.** State agencies, devolved assemblies, and their officials shall not gather or store information about the beliefs of an Espaerian citizen against the citizen’s free will.

**Article 2xvi.** Everyone has the right to confidentiality of messages sent or received by him or her by post, telephone, or other commonly used means. Exceptions may be made by court authorization to combat a criminal offence, or to ascertain the truth in a criminal procedure, in the cases and pursuant to procedure provided by law.

**Article 2xvii.** Everyone has the right, without prior permission, to assemble peacefully and to conduct meetings. This right may be restricted in the cases and pursuant to procedure provided by law to ensure national security, public order, or morals.

**Article 2xviii.** Everyone has the right to address state agencies, devolved assemblies, and their officials in Espaeria and to receive responses in Espaeria.

**Article 2xix.** Everyone has the right to form non-profit associations. Only Espaerian citizens may belong to political parties. The establishment of organisations and unions which possess weapons, are militarily organised, or perform military exercises requires prior permission from the Government of the Union, for which the conditions and procedure of issuance shall be provided by law.

## CHAPTER III. THE PEOPLE

**Article 3i.** The supreme power of state shall be exercised by the people through citizens with the right to vote:

1. by electing the Parliament

2. through a referendum.

**Article 3ii.** An Espaerian citizen who has attained 3 weeks of citizenship has the right to vote.

## CHAPTER IV. THE PARLIAMENT

**Article 4i.** The Parliament shall be composed of the most senior officials of all regional states’ governments. Members of the Parliament shall be appointed in accordance with Article 9iii.

**Article 4ii.** The authority of the members of the Parliament shall commence on the day the results of the regional states elections are announced. The authority of the members of the preceding Parliament shall terminate on the same day.

**Article 4iii.** The authority of a member of the Parliament shall terminate prematurely:

1. upon his or her assumption to Chancellor of the Justice

2. upon the entry into force of a conviction by a court against him or her

3. upon his or her resignation upon his or her assumption to Chancellor of the Justice

**Article 4iv.** The Parliament shall:

1. scrutinise all legislation put forward by the President or individual minister

2. decide on the holding of a referendum

3. decide on the expression of no confidence in the President, in line with article 5vi

**Article 4v.** The Parliament has the right to form committees. Members of the Parliament have the right to form factions.

**Article 4vi.** Proposed legislation may be blocked by a majority of votes in favour, unless otherwise prescribed by the Constitution within the prescribed time of debate. Legislation may only be blocked if it has been proposed by either the President of the Union, or the Government of the Union. Article

**Article 4vii.** If the Parliament is unable to convene and as such perform its basic duties, the President of the Union may, in cases of urgent state need, issue decrees which have the force of law.

## CHAPTER V. THE PRESIDENT OF THE UNION

**Article 5i.** The President of the Union is the head of state of Espaeria.

**Article 5ii.** Executive power is vested in the President of the Union Both the Government of the Union and the Parliament are subservient to such power.

**Article 5iii.** The President of Union shall:

1. proclaim laws, and sign instruments of ratification

2. issue decrees, pursuant to Article 4vii

3. initiate amendments of the Constitution

4. appoint to and release from office, members of the Government

**Article 5iv.** The President of the Union shall be elected by the electoral body of the nation. The right to nominate a candidate for President of the Union rests with the support from at least an additional member An Espaerian citizen who has been declared a citizen for at least one month has the right to be nominated. The President of the Union shall be elected by secret ballot. Each member of the electorate shall have one vote. A candidate in favour of the majority of the electors’ votes shall be considered elected. If no candidate receives a majority, a new round of voting shall be held on the next day. The electoral body shall be composed of members of all citizens of the realm. The specific procedure for the election of the President of the Union shall be provided by the Elections Act 2022.

**Article 5v.** The President of the Union shall be elected for a term of one month. There is no limit to the amount of terms a President may run

**Article 5vi.** The President of the Union is Commander-in-Chief who has ultimate authority of the military.

**Article 5vii.** The powers of the President of the Union shall terminate upon:

1. his or her resignation from office

2. the entry into force of a conviction by a court against him or her

3. the passing of a vote of no confidence by the Parliament

4. the assumption of office of the new President of the Union

**Article 5viii.** If the President of the Union is incapable of performing his or her duties for an extended period as decided by the Chancellor of Justice, or if he or she is temporarily unable to perform them as in the cases specified by law, or if his or her powers have terminated prematurely, then his or her duties shall temporarily transfer to the Vice-President of the Union, or in exceptional circumstances the most senior minister in the cabinet.

**Article 5ix.** Criminal charges may be brought against the President of the Union only on the proposal of the Chancellor of Justice, and with majority agreement from the investigating tribunal.

## CHAPTER VI. THE GOVERNMENT OF THE UNION

**Article 6i**. The Government of the Union shall:

1. execute the domestic policies of the state

2. direct and coordinate the activities of government agencies

3. administer the implementation of laws and legislation of the President of the Union

4. declare an emergency situation throughout the state or in a part thereof, in the case of a natural disaster, disease, or mass unrest

5. perform other duties which the Constitution and the laws vest in the Government of the Union

**Article 6ii.** The Government of the Union shall be composed of the President and ministers.

**Article 6iii.** Changes to the appointed membership of the Government of the Union shall be made solely by the President of the Union.

**Article 6iv**. Corresponding ministries shall be established, pursuant to law, for the administration of the areas of government. A minister shall direct a ministry, shall manage issues within its area of government, shall issue regulations and directives on the basis and for the implementation of law, and shall perform other duties assigned to him or her on the bases of and pursuant to procedure provided by law. If a minister is temporarily unable to perform the duties of his or her office due to illness or other hindrances, the President of the Union may transfer the duties of the minister to another minister for this time. The President of the Union may appoint ministers to office who do not direct ministries.

**Article 6v.** Criminal charges may be brought against a member of the Government of the Union only on the proposal of the Chancellor of Justice, and with the majority agreement from the investigating tribunal The authority of a member of the Government shall terminate upon the entry into force of a conviction by a court against him or her.

**Article 6vi.** The Government of the Union has the right to request reports concerning the governing and administering of regional states affairs

## CHAPTER VII. LEGISLATION

**Article 7i.** Laws shall be passed in accordance with the Constitution.

**Article 7ii.** The following have the right to initiate laws:

1. the President of the Union

2. the Government of the Union

**Article 7iii.** Laws shall be proclaimed by the President of the Union.

**Article 7iv.** The President of the Union has the right to submit national issues to a referendum. The decision of the people shall be made by a majority of the participants in the voting. A law which is passed by a referendum shall promptly be proclaimed by the President of the Union. The decision of the referendum shall be binding on all state institutions.

## CHAPTER VIII. FINANCE AND THE STATE BUDGET

**Article 8i**. The Bank of Espaeria has the sole right to issue Espaerian currency. The Bank of Espaeria shall regulate currency circulation and shall uphold the stability of the national currency.

**Article 8ii**. The Bank of Espaeria shall act pursuant to law and shall report to the Government of the Union.

## CHAPTER IX. THE CHANCELLOR OF JUSTICE

**Article 9i.** The Chancellor of Justice shall be, in his or her activities, an independent official who shall review the actions and the conducts of officials and citizens within the Espaerian legislature and executive. The Chancellor of Justice shall, in the cases prescribed by Article 4iii, 5vii of the Constitution, make a proposal to the investigating tribunal.

**Article 9ii.** The Chancellor of Justice shall be appointed to office by the people in election, for a term of two months. Upon assuming office, the Chancellor of Justice’s previous roles within Espaeria shall be terminated with immediate effect. The Chancellor of Justice may not serve for more than two consecutive terms.

**Article 9iii.** The Chancellor of Justice shall appoint members to investigatory tribunals through arbitrary jury service, except in extraordinary circumstances as prescribed by Article 9iv.

**Article 9iv.** Criminal charges may be brought against the Chancellor of Justice only on the proposal of the President of the Union, and with the consent of the majority of the membership of the investigating tribunal.

## CHAPTER X. DEVOLVED ASSEMBLIES

**Article 10i.** All local issues shall be resolved and managed by devolved assemblies, which shall operate independently pursuant to law, unless otherwise as prescribed by Article 6i, subsection 4.

**Article 10ii**. Devolved assemblies are the presiding body over regional state affairs Other local forms of government may be formed on the bases of and pursuant to procedure provided by law.

**Article 10iii.** The representative body of regional states is the individual devolved assemblies which shall be appointed in accordance with the individual devolved system whereby the most senior official is the Governor.

**Article 10iv.** The administration of devolved assemblies and the supervision of their activities shall be provided by law.

**Article 10v.** The merging of regional assemblies and the respective states may only be done so in accordance with:

1. the unilateral agreement by the respective states regional assemblies
2. the approval of the proposed merging by the Parliament of the Union
3. the passing of the proposed merging of states and the respective regional assemblies through a national referendum
4. the establishment of the state surpassing two months

## CHAPTER XI. AMENDMENT OF THE CONSTITUTION

**Article 11i.** The Constitution shall be amended by an Act which has been passed by:

1. a referendum

2. the Government of the Union

3. the President of the Union

**Article 11ii.** Chapter I “*General Provisions*”, Chapter V “*President of the Union*” and Chapter XI “*Amendment of the Constitution*” may be amended only through a referendum.

**Article 11iii.** An amendment to the Constitution regarding the same issue shall not be initiated within one month after the rejection of a corresponding bill by a referendum.

**Article 11iv.** An amendment to the Constitution may be blocked by the Parliament in accordance with Article 4vi.