Imperial Constitution

## Preamble

This document establishes our country’s principles which all of its government's actions and legislation must follow. It is to always remain in place including in times of war. The entire document will also take the highest precedence over any enacted or future legislation or action. ​We the people of Adoria have made a good start on our journey as an independent nation, but we still have a long way to go. Today we seek to move beyond the achievements of the past, to ensure we never become akin to the tyranny we left behind, to establish the principle that all of the people of our great nation are created equal, and so they are all entitled to a certain set of rights. The rights put forward in this document are natural rights, they are not created by the government, therefore they can not be taken away or infringed upon by the government. These rights are instead to be defended by it. The brief summary of these entitlements that are owed to each and every one of our country’s citizens are the rights to their life, liberty, and property. They are as follows.

## Article I. (Supremacy Amendment)

Rights recognized by this document, expressed in this document or by Adorian law only apply to Adorian citizens. The Constitution is the supreme law of the land. Adorian law will take precedence over extraterritorial/international laws and provincial law.

## Article II. (Citizen Rights Amendment)

The Adorian government cannot perform any action or make any law that would prohibit the freedom to exercise any religion, or abridge the freedom of speech, or the press, or the right of the people to assemble and petition the government for a redress of grievances at a moment's notice. This includes the right to call for a referendum. However, there will be no national binding referendums. Referendum results which are had throughout the entirety of Adoria will not be enforced. The purpose of a referendum is to demonstrate public support on a matter and nothing more.

## Article III. (Voluntary Association Amendment)

Freedom of assembly, sometimes used interchangeably with the freedom of association, is the individual right of people to come together and collectively express, promote, pursue, and defend their collective or shared ideas. The right to freedom of association is recognized as a natural right and civil liberty. This right applies to private organizations such as self-described political parties and special interest groups. There will be no law which would prevent a group of people from organizing to form either. Political parties can be formed and registered officially regardless of how many members they have initially. No citizen will be prevented by the Adorian government from voluntarily entering into an agreement to form a body or organization. Organizations also have the ability to dissociate and have the ability to structure themselves however they please. Adorian citizens will not be prevented by the Adorian government from organizing their communities in a way they want. These protections apply to cooperative organizations as well.

## Article IV. (Privacy Rights Amendment)

The people have the right to privacy and are to be safe from unreasonable searches and seizures of themselves or their property, including correspondence. All searches and seizures must be backed up by a warrant, justified by probable cause, supported by oath or affirmation, and every warrant must particularly describe the place to be searched, and the person or things to be seized.

## Article V. (Marital Rights Amendment)

Marriage is considered a right under the category of liberty, so the Adorian government is prohibited from taking action to prevent two citizens from marrying. Marriage will be considered by the Adorian government as a private contract between two citizens. There will be no registry nor any regulation of the ability for two citizens to marry one another. It will be unconstitutional for the Adorian government to pass laws regarding marriage. Two citizens who are married are allowed the ability to open joint bank accounts, the ability to inherit their spouse’s property upon death,and the right to sue for spouse’s wrongful death or loss of consortium.

## Article VI. (Property Rights Amendment)

Private property access, use, exclusion, and management are controlled by the private owner or a group of owners. The Adorian government cannot seize the property of its citizens unless they have been convicted of a crime or they will be compensated at +50% (150%) above the market price. Additionally, if the property appreciates to above the paid amount within two years of the purchase, the government will pay the seller that additional amount. Every citizen in our country has the right to defend their life, liberty, and property from threats both foreign and domestic, and so the right of the people to keep and bear arms shall not be infringed. The ability for a citizen to own a weapon will not be regulated. An Adorian citizen cannot be prevented from owning any firearm or vehicle of their choosing. The Adorian government cannot seize the property of organizations or groups of citizens. However, the Adorian government does retain the right to punish citizens who use their property to violate other laws accordingly.

## Article VII. (Economic Freedom Amendment)

Currency will be considered as property owned by the citizen or group of citizens which has it. Citizens have the right to trade their property with one another as they wish. The government shall not regulate what property can be traded between citizens. The government will retain the right to collect taxes in the form of the Adorian dollar or any other singular currency that the government determines appropriate and official. In kind, the government will issue subsidies and spending in the form of the same, official currency that taxes were collected in. No central bank of Adoria shall exist, however, the Imperial Treasury shall exist to keep finances for the government of tax collection and government spending. In the event of a deficit, it has the authority to either issue savings bonds or take loans from a private bank in Adoria. In no circumstance will bonds be sold to foreign citizens or loans taken from a foreign bank.

## Article VIII. (Judicial Rights Amendment)

Any citizen who violates the natural rights of another puts the sanctity of their own natural rights at risk. Punishments for crimes are to be determined and/or changed by the Imperial Diet. However, excessive fines or bail cannot be imposed or issued, and no cruel and unusual punishments are to be inflicted. All accused for those crimes however, are innocent until proven guilty, are entitled to a public trial, the right to a lawyer, the right to an impartial jury of their equals from their state, and the right to know who their accusers are and the nature of the charges and evidence against them. When, in a court of law, a person has been accused of violating the law, the prosecutor must cite the specific law as well as text which would support their argument. All citizens have the right to defend themselves in a court of law and cannot be disallowed from speaking to do so.

## Article IX. (Defendant Rights Amendment)

No person shall be held to answer for a crime, unless on a presentment or indictment of a grand jury. No citizen is to be subjected to double jeopardy nor will be compelled in any criminal case to be a witness against themselves. No citizen is to be deprived of life, liberty, or property, without due process of law, nor shall private property be taken for public use by force. No citizen may be compelled in any criminal case to testify against themselves. No citizen of our country shall be subject to the punishment of breaking a law if their action took place before the law came into effect. In all court cases where there is a defense, the defense is entitled to all rights expressed in this document. The defense/accused have the same legal rights and are recognized as being the same. If a case occurs, in which the defendant considers his legal rights to have been violated, the citizen may appeal to a higher court. If the higher court finds that the case was a mistrial, such as a violation or deviation of legal procedure, then the citizen will be acquitted of charges and will have the event erased from their legal record.

## Article X. (Bill of Rights)

Since these first ten articles are the natural rights of the people, they cannot be repealed. These first ten articles are named the “Bill of Rights.” The Imperial Diet, along with any other government body, entity, or agent, is prohibited from passing any law or committing any action that would tamper or conflict with these amendments or this document which hereby protects every citizen’s natural right to their life, liberty, and property. All of the rights on this document are to be applied to all of our citizens. Citizens of our country are individuals either born within our country who are birthed from a legal resident of our country, or are naturalized immigrants. Since the Bill of Rights establishes the Constitution of Adoria as the supreme law of the land, as well as the description of the natural rights of the people, it can neither be repealed nor amended.

## Article XI. (Imperial Diet Amendment)

The Legislative Branch of government will contain the ministers and MP’s. This branch will be responsible for creating and voting on bills to be voted into law, the head of the Imperial Diet will be the Deputy Chancellor. The Chancellor shall be the head of the Legislative Branch of government. The Speaker of the Chamber will be responsible for presenting bills to the Imperial Diet for the voting process.

## Article XII. (Imperial Diet Conduct Amendment)

There can be no law which regulates the content of a bill in the Imperial Diet, but the format of the bill may be regulated. Legislation can be presented to the Imperial Diet in PDF, Microsoft Word, Google Docs as long as they are written in fonts that are legible, or they may be written directly on Discord. Bills can contain graphics and data alongside written text. Cosmetic features are allowed. However if a new bill contradicts an existing law without repealing it expressly, it cannot be proposed. A new bill that contradicts an old one will need to specify that is a repeal of that bill. If the bill involves spending, it needs to contain an estimate of the number including calculations. All bills must include a title. A bill must have at least one signature (counting the signature of the author). The author’s signature must be included in a bill. Imperial bills must have a preamble section which summarizes the bill. However, whether or not a bill accurately summarizes a bill cannot be judged as that is subjective. Imperial bills must have a part after the preamble section which says “Be it hereby enacted by the Imperial Diet.” The part of a bill which will be enacted into law will be sections following the “Be it hereby enacted by the Imperial Diet” clause and must be listed by lettering such as “Section A:, Section B:.” Members of the Imperial Diet can speak freely as they wish.

## Article XIII. (Imperial Dietary Law Amendment)

Members of The Imperial Diet can propose, in the voting chamber, that an already passed law be repealed. When a repeal of a law is proposed, the proposed repeal is not considered a bill/law in itself. A repeal will not be listed as a new law, it will just lead to the erasure of the law that it repeals. There can be no repeal of a repeal. When a law has been repealed, the law can be proposed again as a new bill. However, there will be a one week cool down (from the time that the repeal occurred) for a repealed law to be proposed again. Laws can be amended and so can the Constitution (not including the Bill of Rights).

## Article XIV. (Supreme Court Amendment)

The Supreme Court shall have nine justices on its bench, eight associate justices and one chief justice. The Chancellor will put forward justices to sit on the supreme court and they must be passed by a simple majority. Judges must be licensed to practice law in Adoria in order to be eligible, along with any other requisites to be determined by the Imperial Diet. This will be the highest court in the country and its rulings can not be appealed by any other entity, but they can be challenged for violating the constitution or reviewed if a majority of justices agree. It will hear cases on the constitutionality of laws and actions of the legislative and executive branches, as well as appeals on various cases from the lower courts. The reason for each justice’s vote must be explained by them, and those reasons can only be on the basis of constitutionality. The length of one term on the supreme court is two cycles of the Imperial Diet. The structure of the Supreme Court is not to be changed, only who sits on its bench may be. The Supreme Court and these members will vote on whether a bill is Constitutional or not and can therefore kill a bill they see as unconstitutional.

## Article XV. (Ducal Powers)

Besides being on the Noble Assembly, dukes have a couple more powers to be enumerated here:

1. Firstly, dukes shall direct and control the national guard of their province, and the national guard shall be loyal to the duke, NOT the governor.
2. Secondly, dukes shall serve an advisory role to the governor. It is expected and strongly recommended that governors meet with their dukes regularly, and also before the governor takes an important or controversial action. A governor is in no way required to take the advice of the duke, but should at least consider it.
3. Thirdly, during a national emergency (as declared by the emperor, Noble Assembly, or Popular Assembly), a duke assumes control of their province, and this emergency power will last until the emergency is declared to be over. A duke that keeps emergency powers beyond the end of the emergency will be stripped of their title.
4. Finally, a duke will have ceremonial duties to fulfill, such as leading parades, meeting with and hosting foreign diplomats, and presenting and hosting members of the royal family that visit the province. The people and officials of the province should be respectful and loyal to the duke and their family.

## Article XVI. (Imperial Diet Amendment)

There will be two legislative assemblies. The first is the Noble Assembly. The Noble Assembly is made up of all nine dukes, plus three lords chosen by the emperor, and three lords chosen by the Chancellor, and is presided over by the Emperor. The Noble Assembly makes decisions purely relating to national security and diplomacy, and therefore will stay mostly apolitical, with only the safety of Adorians at mind.

The second is the Popular Assembly. The Popular Assembly is a larger and democratically-elected legislature made up of any Adorian not on the Noble Assembly. The Popular Assembly functions exactly like the Parliament before, except does not decide anything relating to national security or diplomacy. The Popular Assembly shall have 85 seats, which are determined by party leaders and distributed to parties based on their election percentages.

## Article XVII. (Powers of the Chancellor)

The Chancellor or as known by their official title: The Right Honorable Chancellor Representing the Popular Assembly of Adoria is the Head of Government and is tasked with the day to day running of the country and shares Executive power with the Emperor. 1) The Chancellor will receive the powers given to the Prime Minister in the previous constitution 2) During his time in office a Chancellor is immune from legal prosecution but can be removed from the office they hold through a vote of no confidence in the Popular Assembly or a 2/3rds majority in the Noble Assembly which must be approved by the Emperor.

## Article XVIII. (Powers of the Emperor)

The Emperor is the head of state of Adoria and must be of the House of Kookoo, and shall represent the people, culture, and government of Adoria with tact and respect both abroad on diplomatic missions and at home. The Emperor's powers are thus:

1. The Emperor shall primarily be the diplomatic representative of Adoria and the face of the state to the Adorian people. Therefore the Emperor should schedule regular visits to foreign countries in order to curry favor and maintain alliances, as well as tours around the country to keep up morale and meet with the dukes.
2. The Emperor is the Commander-in-Chief of the Adorian military and shall be the ultimate decision-maker when it comes to the military. The military shall swear loyalty to the Empire and the Emperor.
3. The Emperor is the head of the royal family, and shall be the ultimate authority in matters pertaining to that. Less important examples include more private, familial matters such as private celebrations, but more important examples include the dismissal of any Duke, Baron, or Count from their position.
4. The Emperor may appoint 2 lords to the Noble Assembly.
5. The Emperor presides over the Noble Assembly and must make sure order is preserved during its meetings.
6. The Emperor has an obligation and a duty to regularly meet with and maintain cordial relations with the Chancellor, regardless of politics.
7. The Emperor cannot be affiliated with any political party nor any corporation, so as to prevent the arisal of conflicts of interest.
8. The Emperor either signs every bill passed by the Noble and Popular Assemblies, or may veto the bill. Similarly, the Emperor may propose amendments to any bill passed by the Noble and Popular Assemblies. The bill will then go back to whichever legislature originally passed it, and will be voted on again (including any amendments added by the Emperor). In the case of a 3/5 majority on the re-vote, the bill is passed with or without imperial approval.
9. The Emperor shall govern and administer Port Royale, the national capital, directly. The Emperor shall act as the mayor and Baron of Port Royale.

## Article XVIII. (Civil War Amendment)

The following are in effect after the recent Civil War:

1. All debts accrued by the Republican administration, the Republican war effort, Republican militias, and the previous Government of Adoria are hereby null and void; they shall not be transferred to the new Adorian Government.
2. The previous administration has no authority in the new government unless the same people are rightfully elected into positions in the new government or they are appointed by the Emperor.
3. All laws passed by the previous government before the start of the Civil War are hereby carried over into the new government, except the establishment of the Euro bill because it is in conflict with Article IV.
4. Civil Wars are hereby illegal. All revolutionary activities and active revolutionaries are not entitled to any of the above rights. It is also illegal for provinces, districts, towns, or regions to separate from the Adorian Empire without an amendment to the Constitution, even if the separation is locally popular.

## Article XIX. (Seperation of Powers Amendment)

To maintain the efficiency, legitimacy, and mandate of the government, no citizen in Adoria shall hold more than two governmental or royal titles, jobs, or otherwise. This does not include Members of the Imperial Diet. Adorian may hold two additional positions if one of them is a Member of the Imperial Diet.

## Article XX. (Ad Hominem Amendment)

Legislation targeting a specific person, either directly or indirectly, is not permitted. All legislation that exists or was grandfathered in in violation of this following the Civil War is hereby voided.

## Article XXI. (Amendment Amendment)

The process of changing the Constitution shall be as follows:

1. Amendments may be proposed in either houses of the Imperial Diet. They must then pass their respective house by a ⅔ majority. They will skip all committees and go straight to the floor when they are in the Popular Assembly. When they pass their original house, they will then move onto the next house. If they are moving to the Popular Assembly, they will skip the committees and go straight to the floor.
2. Amendments must then be approved by the Emperor.
3. Amendments will then be put to a popular vote amongst the citizens of Adoria and will be placed on the ballot at the next election to ensure the highest voter turnout.

## Signed.

* Dr Kookoo - Emperor Edward I of Kookoo

* Karl Kookoo - Grand Duke Karl I of Eton

* Jupitr of House Kookoo - Duke of Baraston and Imperial Scribe
* Vice President King Adoria - Baron of Lindania
* Governor Joseph L. - Baron of Ohianta
* Brott of House Kookoo - Duke of Ashton
* Arno - Archduke of Tempera
* Sheev - Governor of Ashton
* Sir Stickysoap - General of the Armies