Constitution of The Prussian Empire

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Constitution of The Prussian Empire

Post by Admin on Sat Nov 07, 2015 1:02 am

The following is the Constitution of The Prussian Empire, a document designed to guarantee the Liberty and Welfare of all members of The Prussian Empire. Upon the formation of the Empire and with the Will of the People, this Constitution has been set forth to guide and assist our Leadership andPeople in the Governance of The Prussian Empire.

No one is above this Constitution and all are ultimately equal under it



II. BASIC PROVISIONS


    Article 1
  • Sovereignty of The Prussian Empire is embodied in the Monarch, Government and Parliament of The Prussian Empire.
  • Citizens of The Prussian Empire exercise their power with election of their representatives and through direct decision-making.


    Article 2


  • In The Prussian Empire government shall be organized on the principle of separation of powers into the legislative, executive and judicial branches, but also limited by the Constitution.
  • The principle of separation of powers encompasses forms of mutual cooperation and reciprocal checks and balances as stipulated by the Constitution and law.


    Article 3


  • In The Prussian Empire, laws shall comply with the Constitution. Other regulations shall comply with the Constitution and law.
  • All persons shall be obliged to abide by the Constitution and law and respect the legal order of The Prussian Empire.


    Article 4


  • The armed forces of The Prussian Empire shall protect its sovereignty and independence and defend its citizens.
  • The Prussian Empire may conclude alliances with other states, retaining its sovereign right to decide upon the powers to be so delegated and the right to freely withdraw there from.
  • Assistance in the protection of sovereignty and independence and defense of citizens may also be provided to The Prussian Empire by allied states in accordance to ratified international treaties.
  • The Prussian Empire may provide assistance to allied states in case of armed aggression on one or more thereof as stipulated under ratified international treaties, according to a decision of the Monarch of The Prussian Empire proposed by the Government of The Prussian Empire.
  • The defense structure, chain of command, administration and democratic oversight of the armed forces of The Prussian Empire shall be regulated by law.


    Article 5


  • Prussian citizenship, and its acquisition and revocation, shall be regulated by law.


    Article 6


  • The description of the Prussian coat-of-arms and flag and the use of these and other state symbols shall be regulated by law.


    Article 7


  • All persons in The Prussian Empire shall enjoy equal rights and freedoms, regardless of race, color, gender, language, religion or other characteristics.
  • All citizens shall be equal before the law.
  • Any call for use of violence, to national, racial or religious hatred, or any form of intolerance shall be prohibited and punishable by law.
  • Freedoms and rights may only be reduced by law in order to protect the freedoms and rights of others, the legal order and public morals.
  • Every citizen of The Prussian Empire shall have the right, under equal conditions, to participate in the conduct of public affairs, and to have access to public services.


    Article 8


  • The maximum punishment in The Prussian Empire will be Zero Infrastructure.


    Article 9


  • Foreign citizens may be granted asylum in The Prussian Empire, provided they are not in any aggressive wars and become a citizen according to the rules governing entry into The Prussian Empire.

    Article 10


  • Military service and defense of The Prussian Empire shall be the duty of every citizen of The Prussian Empire.
  • All citizens are expected to not attack anyone in-game, regardless of alliance affiliation, unless The Prussian Empire is in a state of war, or the order is given by the Monarch and the Chancellor.


    Article 11


  • The Prussian Central Bank shall be the central bank of The Prussian Empire.
  • The Prussian Central Bank shall be autonomous and independent, and shall report on its work to the Monarch and Chancellor of The Prussian Empire.
  • The Prussian Central Bank shall be managed and its operations shall be conducted by the Finance Minister.
  • The organization, purpose, tasks and competence of the Imperial Central Bank shall be governed by law.


    III. ORGANIZATION OF GOVERNMENT


    1. Prussian Parliament


    Article 12


  • The Prussian Parliament shall be a representative body of the people and shall be given the legislative power in The Prussian Empire.


    Article 13


  • Deputies in the Royal Prussian Parliament shall be elected for a term of six months.
  • Number of deputies in the Royal Prussian Parliament shall be a minimum of three, with the Monarch being able to add more seats, or the parliament itself by a majority vote. However, the sum total of Deputies must always be an odd-number.
  • The deputies are elected on the basis of direct, universal and equal voting right by secret ballot.
  • Elections shall be held in accordance with V.  Elections.
  • Should there be a tie, the Monarch of The Prussian Empire has the authority to break the tie.


    Article 14


  • Deputies in the Royal Prussian Parliament shall have an imperative mandate.
  • The Royal Prussian Parliament may be dissolved in order to call early elections if so decided by a majority of all of its deputies.
  • The Monarch of The Prussian Empire may, at the proposalal of the Government, and with the countersignature of the Chancellor, dissolve the Royal Prussian Parliament, if the latter, following the Government’s motion of no confidence, passes a vote of no confidence in the Government.


    Article 15


  • Sessions of the Royal Prussian Parliament shall be public, unless otherwise specified by a law.
  • The Royal Prussian Parliament shall sit in emergency session at the request of the Monarch of The Prussian Empire, the Government or a majority of its deputies.


    Article 16


  • The internal organization and operating method of the Royal Prussian Parliament shall be regulated by its Standing Orders.
  • The Standing Orders shall be adopted by a majority vote of all deputies, and with the consent of the Monarch of The Prussian Empire.


    Article 17


  • The Royal Prussian Parliament shall:
       - decide on the adoption of and changes to the Constitution;              
       - adopt laws;
       - be entitled to pose questions to the Government of The Prussian Empire and individual ministers; and
       - perform any such other tasks as may be specified by the Constitution.


    Article 18


  • Unless otherwise specified by the Constitution, the Royal Prussian Parliament shall adopt decisions by a majority vote, provided that a majority of its deputies are present at the session.
  • Deputies shall vote in person.


    Article 19


  • The implementation of the referendum shall be regulated by law.


    Article 20


  • The Royal Prussian Parliament may, for a maximum period of three months, authorize the Monarch of The Prussian Empire to regulate by decree individual issues falling within the jurisdiction of the Parliament, excluding those concerning the elaboration of constitutionally established human rights and fundamental freedoms, the electoral system, and the organization, purview and operation of governmental bodies.
  • Decrees passed on the basis of statutory authority shall cease to be valid upon the expiry of a period of one year from the date when such authority was granted, unless otherwise decided by the Royal Prussian Parliament.


    Article 21


  • The Monarch of The Prussian Empire promulgates the laws within two days from the date of their enactment by the Prussian Parliament.
  • The Monarch of The Prussian Empire has the power to veto any legislation.
  • The Monarch of The Prussian Empire is not responsible for the laws he promulgates, responsible is the department minister who must co-sign the law.


    Article 22


  • Before their entry into force, laws and other regulations of government bodies shall be published in the designated area of the Forum.
  • A law shall enter into force no earlier than the second day after the date of its publication, unless otherwise specified thereby for exceptionally justified reasons.


    2. Monarch of The Prussian Empire


    Article 23


  • Head of State is the Monarch of The Prussian Empire.
  • The Monarch of The Prussian Empire shall ensure the regular and balanced functioning and stability of government.
  • The Monarch of The Prussian Empire shall be responsible for the defense of the independence of The Prussian Empire.
  • The Monarch of The Prussian Empire cannot be removed unless he resigns on his own voluntary act or is removed for breaches of the Constitution or by a vote of no confidence by a simple majority.
  • The Monarch of The Prussian Empire has the right of appeal to decisions of removal, before a Court of Law.


    Article 24


  • The Monarch of The Prussian Empire shall not perform any other public or professional duty, unless otherwise specified by the Constitution.


    Article 25


       
  • The Monarch of The Prussian Empire shall:
       - call elections for the Royal Prussian Parliament and convene and preside on its first session;              
       - preside on sessions of the Prussian Parliament;                                                                        
       - declare war and conclude peace;
       - call referenda in conformity with the law;
       - dismiss and appoint Ministers;
       - dismiss and call elections for the Chancellor;                                                                              
       - declare a line of succession;
       - grant amnesty and pardons;                        
       - confer decorations and awards specified by law; and
       - perform any such other duties as may be specified by the Constitution.


    Article 26


  • The Monarch of The Prussian Empire and the Government of The Prussian Empire shall co-operate in the formulation and implementation of foreign policy.
  • The Monarch of The Prussian Empire shall decide on the establishment of diplomatic missions and consular offices of The Prussian Empire abroad.
  • The Monarch of The Prussian Empire shall make decisions on the appointment and recall of the chiefs of diplomatic missions of The Prussian Empire abroad.
  • The Monarch of The Prussian Empire shall receive letters of credence and letters of recall from the heads of foreign diplomatic missions.


    Article 27


  • The Monarch of The Prussian Empire shall be the commander-in-chief of the armed forces of The Prussian Empire.
  • The Monarch of The Prussian Empire shall appoint and dismiss military commanders, in compliance with law.
  • In the event of a clear and present danger to the independence, integrity and existence of The Prussian Empire, the Monarch of The Prussian Empire may, with the countersignature of the Chancellor, order the employment of the armed forces even if a state of war has not been declared.


    Article 28


  • During a state of war, the Monarch of The Prussian Empire may issue decrees with the force of law.
  • If The Prussian Empire is not in session, the Monarch of The Prussian Empire shall be authorized to issue decrees with the force of law.  
  • In the event of a clear and present danger to the independence, integrity and existence of the state, or when government bodies are prevented from performing their constitutional duties, the Monarch of The Prussian Empire may, at the proposal of the Chancellor or a deputy in the Royal Prussian Parliament and subject to his/her countersignature, issue decrees with the force of law.
  • These powers can be removed by the Royal Prussian Parliament.
  • The Monarch of The Prussian Empire shall submit decrees with the force of law to the Royal Prussian Parliament for approval as soon as the latter is in a position to convene.
  • If the Monarch of The Prussian Empire fails to submit any such decree to the Royal Prussian Parliament for approval in compliance with paragraph 3 of this Article, or the Royal Prussian Parliament fails to approve it, the decree with the force of law shall cease to be valid.
  • In the cases specified in paragraphs 1 and 3 of this Article, the Monarch of The Prussian Empire be entitled to call a session of the Government and to preside there over.


    Article 29


  • The Monarch of The Prussian Empire shall enjoy immunity, except for acts of treason or disregard for the laws of the Empire.


    Article 30


  • In the performance of his/her duties, the Monarch of The Prussian Empire shall be assisted by advisory bodies such as the Chancellor and non-ministerial groups. The members of such bodies can be appointed and dismissed by the Monarch of The Prussian Empire.


    3. The Government of The Prussian Empire


    Article 31


  • The Government of The Prussian Empire shall exercise executive power in compliance with the Constitution and law.  
  • It shall be headed by a Chancellor, who once elected will remain in position for 1 year, or until changed through resignation, or dismissal by the Monarch or under Article 29.
  • The Chancellor of The Prussian Empire shall not perform any other public or professional duty, unless otherwise specified by the Constitution.


    Article 32


  • The Government of the Prussian Confederation shall consist of a Chancellor and one or more Ministers.
  • Members of Government shall be proposed by a person who has won the elections for Chancellor.
  • If the Chancellor-Designate fails to form a Government within 3 days after he has been elected, the Monarch of the Prussian Confederation shall form the Government within 2 days.


    Article 33


  • The Government of The Prussian Empire shall:
       - propose bills and other acts to the  Royal Prussian Parliament;                                                            
       - execute laws and other decisions of the Royal Prussian Parliament;
       - adopt decrees to implement laws;
       - conduct foreign and domestic policy;
       - tend to the economic development of the country; and
       - perform other duties determined by the Constitution and law.


    Article 34



  • The organization, mode of operation and decision-making of the Government shall be regulated by law and its standing orders. Any member found neglecting any decision made by the Government may be held in contempt and issued punishment by Parliament, with approval by the Monarch


    Article 35


  • The Government shall be accountable to the Monarch of the Prussian Confederation.


    Article 36


  • Judicial power and the Constitutional Court of The Prussian Empire shall be regulated by law.


    IV THE SUPREME COURT



    Article 37


  • The Supreme Court of The Prussian Empire is to be created for the purpose of ensuring that the constitution of The Prussian Empire is upheld, and that all judicial issues within the Empire are ruled upon according the full extent of the law of The Prussian Empire.


    Article 38


  • The Supreme Court of The Prussian Empire shall be comprised of all current Ministers, the Chancellor and Monarch. The Monarch shall preside as Chief Justice over the court.
  • Should the Monarch be the accused then the court presidency shall be passed to the Chancellor.


    Article 39


    Court Procedures:


    Part I: Review of Evidence


  • The Supreme Court shall be passive, it shall hear all evidence pertaining the case in the Royal Prussian Court of Justice forum only. All posts made outside the forum shall be excluded from the trial.
  • The accused and defense shall fully represent themselves before the Supreme Court as is there right to do so. The Justices of the Court shall each state their opinions and views on the case as evidence is presented. Once all evidence is reviewed, the Court shall convene privately to vote on a verdict.



    Part II: Verdict Declaration and Sentencing


  • The verdict of either guilty or not guilty must be reached by a majority of the court. Once a verdict is reached by the Court, it shall be publicly declared, to be witnessed by all Citizens. If the verdict of the accused is found not-guilty, then the person accused shall have all charges brought before them immediately dismissed and the same charges cannot be used against them, for any future judicial hearings. Should a guilty verdict be reached, punishment according to law shall be suggested by the court with the Monarch delivering the final sentence.


    V.  Elections



    Article 40
    Campaign Rules and Regulations
    Purpose: For the purpose of ensuring a fair and smooth election amongst all the candidates, candidates in all elections shall adhere to the rules below.


    Article 41


  • Campaigning is to be within the threads provided, there is to be no restriction set forth as to how campaigning is to be conducted. A period of one week will be given for each candidate to campaign, after which time there, all campaign threads will be promptly closed, and the polls shall open for voting.


    Article 42


  • During campaigning, a candidate must respond to questions asked of them in the elections corner, within 3 days. If a candidate fails to reply to questions, after the time period is given, the candidate shall be disqualified from the race due to inactivity, unless valid reasons are given.
  • No third party is permitted to campaign on behalf of a candidate.
  • The process of back door electioneering to garner support through in-game or Forum messages is strictly forbidden, a candidate guilty of such will be dismissed from the election.


    Article 43


  • Candidates shall conduct themselves in a civil and respectful manner during the course of the campaign and election. Dishonest campaigning if proved by the Supreme Court, shall result in immediate disqualification in the race, as well as any Ministerial level posts during the next six months following.


    Article 44


  • The time-line for parliamentary elections shall follow the following dates of every sixth calendar month.

       14th - Nominations begin
       18th - Campaigning begins, nominations closed.
       25th - Polling begins, all campaigning stops
       28th - Results announced


    VI. CHANGING THE CONSTITUTION



    Article 45


  • Changes to the Constitution of The Prussian Empire may be proposed by a member of the Royal Prussian Parliament or the Monarch of The Prussian Empire.


    Article 46


  • The Royal Prussian Parliament shall decide by a majority of all deputies whether or not to initiate the procedure for changing the Constitution.


    Article 47


  • The decision to change the Constitution shall be made by a simple majority of all deputies.


    Article 48


  • Changes of the Constitution shall be promulgated by the Royal Prussian Parliament.


    VI. FINAL PROVISIONS
    Article 49


  • The Constitution shall enter into force on the day of its promulgation.

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