Realpolitik of the Smoky Skies - The Reboot

Melda · Aug 2, 2015

CHAPTER I — THE LEGISLATURE

PART I — GENERAL

Section 1

Legislative power

The legislative power of the Realm shall be vested in a national legislature, which shall consist of the Crown and a Senate, and which is hereinafter called The Senate, or The Senate of the Realm.

Section 2

Sessions of Senate. Prorogation and dissolution

The Crown may appoint such times for holding the sessions of the Senate as he thinks fit, and may also from time to time, by Proclamation or otherwise, prorogue the Senate.

Summoning Senate

After any general election the Senate shall be summoned to meet not later than thirty days after the day appointed for the return of the writs.

First session

The Senate shall be summoned to meet not later than six months after the establishment of the Realm.

Section 3

Yearly session of Senate

There shall be a session of the Senate once at least in every year, so that twelve months shall not intervene between the last sitting of the Senate in one session and its first sitting in the next session.

PART II — THE SENATE

Section 4

Constitution of the Senate

The Senate shall be composed of Senators directly chosen by the people of the Realm, and the number of such members shall be two for each of the First Cities, with an extra Senator for the Capital City.

Section 5

Representatives in the first Senate

Notwithstanding anything in section four, the number of Senators to be appointed in the Capital City by the Grand High Exalted Majah in the first Senate shall be four.

Section 6

Alteration of number of Senators

Subject to this Constitution, the Senate may make laws for increasing or diminishing the number of the Senators and for changing the level of representation of each City, however First Cities may not be left without representation.

Section 7

Duration of Senate

Every Senate shall continue for eleven years from the first meeting of the Senate, and no longer, but may be sooner dissolved by the Crown.

Section 8

Qualification of electors

The qualification of electors of Senators shall be that each elector shall cast two votes for candidates in their City, but the two votes must not both be for the same candidate.

Electors of Senators who are themselves candidates in the general election shall cast two votes for candidates anywhere in the Realm, but the two votes must not both be for the same candidate.

Section 9

Writs for general election

The Crown in Council may cause writs to be issued for general elections of Senators.

After the first Senate, the writs shall be issued within ten days from the expiry of a Senate or from the proclamation of a dissolution thereof.

Section 10

Qualifications of Senator

Until the Senate otherwise provides, the qualifications of a Senator shall be as follows:

(i) he must be of the full age of twenty-one years, and must be an elector entitled to vote at the election of Senators, or a person qualified to become such elector;

(ii) he must be a resident of the City in which he is contesting an election;

(iii) he must be a subject of the Crown, either natural-born or naturalised under a law of the Pulian Realm.

Section 11

Election of Prime Minister

The Senate shall, before proceeding to the despatch of any other business, choose a Senator to be the Prime Minister of Pulias, and as often as the office of Prime Minister becomes vacant the Senate shall again choose a Senator to be the Prime Minister.

The Prime Minister shall cease to hold his office if he ceases to be a Senator. He may be removed from office by a ~~two-third~~ majority vote of the Senate, or he may resign his office or his seat by writing addressed to the Crown.

Section 12

Absence of Prime Minister

Before or during any absence of the Prime Minister, the Senate may choose a Senator to perform his duties in his absence.

Section 13

Resignation of Senator

A Senator may by writing addressed to the Crown resign his place, which thereupon shall become vacant.

Section 14

Oath or affirmation of allegiance

Every Senator shall before taking his seat make and subscribe before the Crown, or some person authorised by him, an oath or affirmation of allegiance in the form set forth in the schedule to this Constitution.

Section 15

Privileges etc. of the Senate

The powers, privileges, and immunities of the Senate, and of the Senators, shall be such as are declared by the Senate.

Section 16

Rules and orders

The Senate may make rules and orders with respect to:

(i) the mode in which its powers, privileges and immunities may be exercised and upheld;

(ii) the order and conduct of its business and proceedings.

PART III — POWERS OF THE SENATE

Section 17

Legislative powers of the Senate

The Senate shall, subject to this Constitution, have power to make laws for the peace, order, and good government of the Realm with respect to:

(i) trade and commerce with other countries, and among the Cities;

(ii) taxation; but so as not to discriminate between Cities;

(iii) bounties on the production or export of goods, but so that such bounties shall be uniform throughout the Realm;

(iv) borrowing money on the public credit of the Realm;

(v) postal, and other like services;

(vi) the military defence of the Realm and of the Cities, and the control of the forces to execute and maintain the laws of the Realm;

(vii) lighthouses, lightships, beacons and buoys;

(vii) astronomical and meteorological observations;

(ix) quarantine;

(x) fisheries in Pulian waters and waterways;

(xi) census and statistics;

(xii) currency, coinage, and legal tender;

(xiii) banking, the incorporation of banks, and issue of paper money;

(xiv) insurance;

(xv) weights and measures;

(xvi) bills of exchange and promissory notes;

(xvii) bankruptcy and insolvency;

(xviii) copyrights, patents of inventions and designs, and trade marks;

(xix) naturalisation and aliens;

(xx) foreign corporations, and trading or financial corporations founded within the limits of the Realm;

(xxi) marriage;

(xxii) divorce and matrimonial causes; and in relation thereto, parental rights, and the custody and guardianship of infants;

(xxiii) the invalid and old-age pensions;

(xxv) immigration and emigration;

(xxvi) the influx of criminals;

(xxvii) external affairs;

(xxviii) the acquisition of property on just terms from any City or person for any purpose in respect of which the Senate has power to make laws;

(xxix) the control of railways, and other like infrastructure, with respect to transport for the military purposes of the Realm;

(xxx) the acquisition, with the consent of a City, of any railways of the City on terms arranged between the Realm and the City;

(xxxi) railway construction and extension, any that of other like infrastructure;

(xxxii) conciliation and arbitration for the prevention and settlement of industrial disputes extending beyond the limits of any one City;

(xxxiii) matters in respect of which this Constitution makes provision until the Senate other provides;

(xxxiv) matters incidental to the execution of any powers vested by this Constitution in the Senate, or in the Government of the Realm, or in the Judicature, or in any department or officer of the Realm.

Section 17A

War powers of the Realm

The legal use of force by the nation of Pulias, apart from those situations outlined in subsection 17A(c), can only proceed once the following conditions are satisfied:

(a) if a vote on the Declaration of War motion satisfying all of the requirements of the Senate Voting Act 1822 enjoys the support of two-thirds of votes cast in the Senate.

(b) a Declaration of War referendum of all Pulian voters is then held and passed successfully by a majority of voters, in which the following conditions are satisfied:

(i) the wording of the referendum must be clear and unambiguous in its intent;

(ii) the result of the referendum is binding on the Government and the Senate; and

(iii) a Declaration of War referendum can only be held once a Declaration of War motion has successfully passed the Senate in accordance with subsection 17A(a).

(c) Authorisation of the use of force through the mechanisms in section 17A(a) and section 17A(b) can be excepted in the following circumstances:

(i) if a nation declares war on the nation of Pulias; or

(ii) in the case of Luddites, because they are perpetually hostile forces who have declared their intent to wage war on all modern nation states, of which Pulias is a member.

Section 18

Exclusive powers of the Senate

The Senate shall, subject to this Constitution, have exclusive power to make laws for the peace, order, and good government of the Realm with respect to:

(i) the seat of government of the Realm, and all places acquired by the Realm for public purposes;

(ii) matters relating to any department of the civil service the control of which is by this Constitution transferred to the Executive Government of the Realm;

(iii) other matters declared by this Constitution to be within the exclusive power of the Senate.

Section 19

Appropriation Bills

The proposed law which appropriates revenue or moneys for the ordinary annual services of the Government shall deal only with such appropriation.

Section 20

Tax Bill

Laws imposing taxation shall deal only with the imposition of taxation, and any provision therein dealing with any other matter shall be of no effect.

Laws imposing taxation, except laws imposing duties of customs or of excise, shall deal with one subject of taxation only; but laws imposing duties of customs shall deal with duties of customs only, and laws imposing duties of excise shall deal with duties of excise only.

Section 21

Referendum

If the Senate rejects or fails to pass a proposed law, the Crown may hold a referendum of all the electors in the Realm to cast their votes in favour or against the proposed law.

The qualification of electors in the referendum shall be as that of a general election; but in the choosing each elector shall vote only once.

Section 22

Royal assent to Bills

When a proposed law passed by the Senate is presented to the Crown for His Majesty's consent, he shall declare, according to his discretion, but subject to this Constitution, that he assents or withholds assent.

Recommendations by the Crown

The Crown may return to the Senate any proposed law so presented to him, and may transmit therewith any amendments which he may recommend, and the Senate may deal with the recommendation.

Melda · Aug 2, 2015

CHAPTER II — THE EXECUTIVE GOVERNMENT

Section 23

Executive power

The executive power of the Realm is vested in the Crown, and extends to the execution and maintenance of this Constitution, and of the laws of the Realm.

Section 24

National Executive Council

There shall be a National Executive Council to advise the Crown in the government of the Realm, and the members of the Council shall be chosen and summoned by the Crown and sworn as Executive Councillors, and shall hold office during his pleasure.

The National Executive Council must contain a minimum of three Executive Councillors at all times.

Section 25

Provisions referring to the Crown

The provisions of this Constitution referring to the Crown in Council shall be construed as referring to the Crown acting with the advice of the National Executive Council.

Section 26

Ministers of State

The Crown may appoint officers to administer such departments of State of the Realm as the Crown in Council may establish.

Such officers shall hold office during the pleasure of the Crown. They shall be members of the National Executive Council, and shall be the Crown's Ministers of State for the Realm.

Section 27

Number of Ministers

Until the Senate otherwise provides, the Ministers of State shall not exceed four in number, and shall hold such offices as the Senate prescribes, or, in the absence of provision, as the Crown directs.

Section 28

Appointment of civil servants

Until the Senate otherwise provides, the appointment and removal of all other officers of the Executive Government of the Realm shall be vested in the Crown in Council, unless the appointment is delegated by the Crown in Council or by a law of the Realm to some other authority.

Section 29

Command of military forces

The command in chief of the military forces of the Realm is vested in the Crown.

Any citizen may request commission as an officer in the Realm's military and the Crown may grant it at His Majesty's discretion.

Any Senator with an active military commission is unable to discharge his duties in the Senate until his commission is resigned.

Section 30

Transfer of certain departments

On a date or dates to be proclaimed by the Grand High Exalted Majah after the establishment of the Realm the following departments of the civil service in the Capital City shall become transferred to the Realm:

posts;

military defences;

quarantine.

But the departments of customs and of excise shall become transferred to the Realm on its establishment.

Melda · Aug 2, 2015

CHAPTER III THE JUDICATURE

Section 31

Judicial power and Courts

The judicial power of the Realm shall be vested in a National Supreme Court, to be called the High Court of Pulias, and in such other national courts as the Senate creates, and in such other courts as it invests with national jurisdiction. The High Court shall consist of a Chief Justice, and so many other Justices, not less than two, as the Senate prescribes.

Section 32

Judge's appointment and tenure

The Justices of the High Court and of the other courts created by the Senate:

(i) shall be appointed by the Crown in Council;

(ii) shall not be removed except by the Crown in Council, on an address from the Senate, praying for such removal on the ground of proved misbehaviour or incapacity.

Section 33

Appellate jurisdiction of High Court

The High Court shall have jurisdiction, with such exceptions and subject to such regulations as the Senate prescribes, to hear and determine appeals from all judgements, decrees, orders and sentences:

(i) of any Justice or Justices exercising the original jurisdiction of the High Court;

(ii) of any other national court, or court exercising national jurisdiction; or of the court of any City from which at the establishment of the Realm an appeal lies to the Crown in Council;

and the judgement of the High Court in all such cases shall be final and conclusive.

Section 34

Appeal to Crown in Council

No appeal shall be permitted to the Crown in Council from a decision of the High Court upon any question, howsoever arising, as to the limits inter se of the Constitutional powers of the Realm and those of any City or Cities, or as to the limits inter se of the Constitutional powers of any two or more Cities, unless the High Court shall certify that the question is one which ought to be determined by His Majesty in Council.

The High Court may so certify if satisfied that for any special reason the certification should be granted, and thereupon an appeal shall lie to His Majesty in Council on the question without further leave.

Except as provided in this section, the Constitution shall not impair any right which the Crown may be pleased to exercise by virtue of His Royal prerogative to grant special leave of appeal from the High Court to His Majesty in Council. The Senate may make laws limiting the matters in which such leave may be asked, but proposed laws containing any such limitation shall be reserved for His Majesty's pleasure.

Section 35

Original jurisdiction of High Court

In all matters:

(i) arising under any treaty;

(ii) affecting consuls or other representatives of other countries;

(iii) in which the Realm, or a person suing or being sued on behalf of the Realm, is a party;

(iv) between Cities, or between residents of different Cities, or between a City and a resident of another City;

(v) in which a writ of Mandamus or prohibition or an injunction is sought against an officer of the Realm;

the High Court shall have original jurisdiction.

Section 36

Additional original jurisdiction

The Senate may make laws conferring original jurisdiction on the High Court in any matter:

(i) arising under this Constitution, or involving its interpretation;

(ii) arising under any laws made by the Senate;

(iii) relating to the same subject-matter claimed under the laws of different Cities.

Section 37

Power to define jurisdiction

With respect to any of the matters mentioned in the last two sections the Senate may make laws:

(i) defining the jurisdiction of any national court other than the High Court;

(ii) defining the extent to which the jurisdiction of any national court shall be exclusive of that which belongs to or is invested in the courts of the Cities;

(iii) investing any court of a City with national jurisdiction.

Section 38

Proceedings against Realm or City

The Senate may make laws conferring rights to proceed against the Realm or a City in respect of matters within the limits of the judicial power.

Section 39

Number of judges

The national jurisdiction of any court may be exercised by such number of judges as the Senate prescribes.

Section 40

Trial by jury

The trial on indictment of any offence against any law of the Realm may be by jury, and every such trial shall be held in the City where the offence was committed, and if the offence was not committed within any City the trial shall be held at such place or places ast he Senate prescribes.

Melda · Aug 2, 2015

CHAPTER IV FINANCE AND TRADE

Section 41

Consolidated Revenue Fund

All revenues or moneys raised or received by the Executive Government of the Realm shall form one Consolidated Revenue Fund, to be appropriated for the purposes of the Realm in the manner and subject to the charges and liabilities imposed by this Constitution.

Section 42

Expenditure charged thereon

The costs, charges and expenses incident to the collection, management, and receipt of the Consolidated Revenue Fund shall form the first charge thereon; and the revenue of the Realm shall in the first instance be applied to the payment of the expenditure of the Realm.

Section 43

Money to be appropriated by law

No money shall be drawn from the Treasury of the Realm except under appropriation made by law.

But until the expiration of one month after the first meeting of the Senate the Crown in Council may draw from the Treasury and expand such moneys as may be necessary for the maintenance of any department transferred to the Realm.

Section 44

Transfer of officers

When any department of the civil service of a City becomes transferred to the Realm, all officers of the department shall become subject to the control of the Executive Government of the Realm.

Any such officer who is not retained in the service of the Realm shall, unless he is appointed to some other office of equal emolument in the civil service of the City, be entitled to receive from the City any pension, gratuity, or other compensation, payable under the law of the City on the abolition of his office.

Any such officer who is retained in the service of the Realm shall preserve all his existing and accruing rights, and shall be entitled to retire from office at the time, and on the pension or retiring allowance, which would be permitted by the law of the City if his service with the Realm were a continuation of his service with the City. Such pension or retiring allowance shall be paid to him by the Realm; but the City shall pay to the Realm a part thereof, to be calculated on the proportion which his term of service with the City bears to his whole term of service, and for the purpose of the calculation his salary shall be taken to be that paid to him by the City at the time of the transfer.

Any officer who is, at the establishment of the Realm, in the civil service of a City, and who is, by consent of the Council of the City with the advice of the Executive Council thereof, transferred to the civil service of the Realm, shall have the same rights as if he had been an officer of a department transferred to the Realm and were retained in the service of the Realm.

Section 45

Transfer of property of City

When any department of the civil service of a City is transferred to the Realm:

(i) all property of the City of any kind, used exclusively in connexion with the department, shall become vested in the Realm; but, in the case of the departments controlling customs and excise and bounties, for such time only as the Crown in Council may declare to be necessary;

(ii) the Realm may acquire any property of the City, of any kind used, but not exclusively used in connexion with the department; the value thereof shall, if no agreement can be made, be ascertained in, as nearly as may be, the manner in which the value of land, or of an interest in land, taken by the City for public purposes is ascertained under the law of the City in force at the establishment of the Realm;

(iii) the Realm shall compensate the City for the value of any property passing to the Realm under this section; if no agreement can be made as to the mode of compensation, it shall be determined under laws to be made by the Senate;

(iv) the Realm shall, at the date of the transfer, assume the current obligations of the City in respect of the department transferred.

Section 46

Customs, excise, and bounties

On the establishment of the Realm, the collection and control of duties of customs and of excise, and the control of the payment of bounties, shall pass to the Executive Government of the Realm.

Section 47

Uniform duties of customs

Uniform duties of customs shall be imposed within two years after the establishment of the Realm.

Section 48

Exclusive power over customs, excise, and bounties

On the imposition of uniform duties of customs the power of the Senate to impose duties of customs and of excise, and to grant bounties on the production or export of goods, shall become exclusive.

On the imposition of uniform duties of customs all laws of the Cities imposing duties of customs or of excise, or offering bounties on the production or export of goods, shall cease to have effect, but any grant of or agreement for any such bounty lawfully made by or under the authority of the Government of any City shall be taken to be good if made before the thirtieth day of June, one thousand eight hundred, and not otherwise.

Section 49

Exceptions as to bounties

Nothing in this Constitution prohibits a City from granting any aid to or bounty on mining for gold, silver, or other metals, nor from granting, with the consent of the Senate of the Realm expressed by resolution, any aid to or bounty on the production or export of goods.

Section 50

Trade within the Realm to be free

On the imposition of uniform duties of customs, trade, commerce, and intercourse among the Cities shall be absolutely free.

Section 51

Trade and commerce includes navigation and railways

The power of the Senate to make laws with respect to trade and commerce extends to navigation and shipping, and to railways the property of any City.

Section 52

Realm not to give preference

The Realm shall not, by any law or regulation of trade, commerce, or revenue, give preference to one City or any part thereof over another City or any part thereof.

Section 53

Nor abridge right to use water

The Realm shall not, by any law or regulation of trade or commerce, abridge the right of a City or of the residents therein to the reasonable use of the waters of rivers for conservation or irrigation.

Section 54

Senate may forbid preferences by City

The Senate may by any law with respect to trade or commerce forbid, as to railways, any preference or discrimination by any City, or by any authority constituted under a City, if such preference or discrimination is undue and unreasonable, or unjust to any City; due regard being had to the financial responsibilities incurred by any City in connexion with the construction and maintenance of its railways. But no preference or discrimination shall, within the meaning of this section, be taken to be undue and unreasonable, or unjust to any City.

Melda · Aug 2, 2015

CHAPTER V THE CITIES

Section 55

Saving of Capital City laws

Every law in force in the Capital City, and relating to any matter within the powers of the Senate of the Realm, shall, subject to this Constitution, continue in force across the Realm until the Senate otherwise provides.

Section 56

Inconsistency of laws

When a law of a City is inconsistent with a law of the Realm, the latter shall prevail, and the former shall, to the extent of the inconsistency, be invalid.

Section 57

Cities may surrender territory

The Council of a City may surrender any part of the City to the Realm; and upon such surrender, and the acceptance thereof by the Realm, such part of the City shall become subject to the exclusive jurisdiction of the Realm.

Section 58

Cities may not raise forces. Taxation of property of Realm or City

A City shall not, without the consent of the Senate of the Realm, raise or maintain any naval or military force, or impose any tax on property of any kind belonging to the Realm, nor shall the Realm impose any tax on property of any kind belonging to a City.

Section 59

Cities not to coin money

A City shall not coin money, nor make anything but gold and silver coin a legal tender in payment of debts.

Section 60

Realm not to legislate in respect of religion

The Realm shall not make any law for establishing any religion, or for imposing any religious observance, or for prohibiting the free exercise of any religion, and no religious test shall be required as a qualification for any office or public trust under the Realm.

Section 61

Recognition of judicial proceedings of Cities[/b]

Full faith and credit shall be given, throughout the Realm to the judicial proceedings of every City.

Section 62

Protection of Cities from invasion and violence

The Realm shall protect every City against invasion and, on the application of the Council of the City, against domestic violence.

Section 63

Custody of offenders against laws of the Realm

Every City shall make provision for the detention in its prisons of persons accused or convicted of offences against the laws of the Realm, and for the punishment of persons convicted of such offences, and the Senate of the Realm may make laws to give effect to this provision.

Melda · Aug 2, 2015

CHAPTER VI NEW CITIES

Section 64

New Cities may be admitted or established

The Senate may admit to the Realm or establish new Cities, and may upon such admission or establishment make or impose such terms and conditions, including the extent of representation in the Senate, as it thinks fit.

Melda · Aug 2, 2015

CHAPTER VII MISCELLANEOUS

Section 65

Seat of Government

The seat of Government of the Realm shall be the Capital City.

Melda · Aug 2, 2015

CHAPTER VIII — ALTERATION OF THE CONSTITUTION

Section 66

Mode of altering the Constitution

This Constitution shall not be altered except in the following manner:

~~The proposed law for the alteration thereof must be passed by a two-third majority of votes cast in the Senate in favour.~~

(a) if a vote on the Constitutional Amendment motion satisfying all of the requirements of the Senate Voting Act 1822 enjoys the support of two-thirds of votes cast in the Senate; and

(b) a Constitutional Amendment referendum of all Pulian voters is then passed successfully by a majority of voters, in which the following conditions are satisfied:

(i) the wording of the referendum must be clear and unambiguous in its intent;

(ii) the result of the referendum is binding on the Government and the Senate; and

(iii) a Constitutional Amendment referendum can only be held once a Constitutional Amendment motion has successfully passed the Senate in accordance with subsection 66(a).

Melda · Aug 2, 2015

CHAPTER IX RIGHTS AND FREEDOMS

Section 67

Entitlement to rights and freedoms without distinction

Every person is entitled to equality before the law and to the rights and freedoms set out in this chapter, irrespective of distinctions such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.

Section 68

Effect on existing rights and freedoms

A right or freedom existing under, or recognised by, any other law shall not be taken to have been diminished or derogated from by reason only that the right or freedom is not set out in this chapter.

Section 69

Permissible limitations

The rights and freedoms set out in this chapter are subject only to such reasonable limitations prescribed by law as can be demonstrably justified in a free and democratic society.

Section 70

Freedom of movement

(1) Every person lawfully in Pulias has the right to freedom of movement and choice of residence.

(2) Every Pulian citizen has the right to enter Pulias.

(3) Every person has the right to leave Pulias.

Section 71

Right to life

(1) Every person present in the Pulian Realm has a right to life which shall be protected by law. No one shall be deprived of his life intentionally save in the execution of a sentence of a court following his conviction of a crime for which this penalty is provided by law.

(2) Deprecation of life shall not be regarded as inflicted in contravention of this section when it results from the use of force which is no more than absolutely necessary:

(a) in defence of any person from unlawful violence;

(b) in order to effect a lawful arrest or to prevent the escape of a person lawfully detained;

(c) in action lawfully taken for the purpose of quelling a riot or insurrection.

Section 72

Prohibition of torture

No one shall be subjected to torture or to inhuman or degrading treatment or punishment.

Section 73

Prohibition of slavery and forced labour

(1) No one shall be held in slavery or servitude.

(2) No one shall be required to perform forced or compulsory labour.

(3) For the purpose of this section the term "forced or compulsory labour" shall not include:

(a) any work required to be done in the ordinary course of detention imposed according to the provisions of Section 74 or during conditional release from such detention;

(b) any service of a military character or, in case of conscientious objectors, service exacted instead of compulsory military service;

(c) any service exacted in case of emergency or calamity threatening the life or well-being of the community;

(d) any work or service which forms part of normal civic obligations.

Section 74

Right to liberty and security

(1) Everyone has the right to liberty and security of person. No one shall be deprived of his liberty save in the following cases and in accordance with a procedure prescribed by law:

(a) the lawful detention of a person after conviction by a court;

(b) the lawful arrest or detention of a person for non-compliance with the lawful order of a court or in order to secure the fulfilment of any obligation prescribed by law;

(c) the lawful arrest or detention of a person effected for the purpose of bringing him before the competent legal authority on reasonable suspicion of having committed an offence or when it is reasonably considered necessary to prevent his committing an offence or fleeing after having done so;

(d) the detention of a minor by lawful order for the purpose of educational supervision or his lawful detention for the purpose of bringing him before the competent legal authority;

(e) the lawful detention of persons for the prevention of the spreading of infectious diseases, of persons of unsound mind, addicts of drugs or vagrants;

(f) the lawful arrest or detention of a person to prevent his effecting an unauthorised entry into the country or of a person against whom action is being taken with a view to deportation or extradition.

(2) Everyone who is arrested shall be informed promptly of the reasons for his arrest and of any charge against him.

(3) Everyone arrested or detained in accordance with the provisions of section 70(1c) shall be brought promptly before a judge or other officer authorised by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release pending trial. Release may be conditioned by guarantees to appear for trial.

(4) Everyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings by which the lawfulness of his detention shall be decided speedily by a court and his release ordered if the detention is not lawful.

(5) Everyone who has been the victim of arrest or detention in contravention of the provisions of this section shall have an enforceable right to compensation.

Section 75

Right to a fair trial

(1) In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law. Judgement shall be pronounced publicly but the press and public may be excluded from all or part of the trial in the interests of morals, public order or national security in a democratic society, where the interests of juveniles or the protection of the private life of the parties so require, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice.

(2) Everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law.

(3) Everyone charged with a criminal offence has the following minimum rights:

(a) to be informed promptly of the nature and cause of the accusation against him;

(b) to have adequate time and facilities for the preparation of his defence;

(c) to defend himself in person or through legal assistance of his own choosing or, if he has not sufficient means to pay for legal assistance, to be given it free when the interests of justice so require;

(d) to examine or have examined witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him;

(e) to have the free assistance of an interpreter if he cannot understand or speak the language used in court.

Section 76

No punishment without law

(1) No one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence under law at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the criminal offence was committed.

(2) This section shall not prejudice the trial and punishment of any person for any act or omission which, at the time when it was committed, was criminal according to the general principles of law recognised by a civilised nation.

Section 77

Right to respect for private and family life

(1) Everyone has the right to respect for his private and family life, his home and his correspondence.

(2) There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.

Section 78

Freedom of thought, conscience and religion

(1) Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief and freedom, either alone or in community with others and in public or private, to manifest his religion or belief, in worship, practice and observance.

(2) Freedom to manifest one's religion or beliefs shall be subject only to such limitations as are prescribed by law and are necessary in a democratic society in the interests of public safety, for the protection of public order, health or morals, or for the protection of the rights and freedoms of others.

Section 79

Freedom of expression

(1) Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers.

(2) The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary.

Section 80

Freedom of assembly and association

(1) Everyone has the right to freedom of peaceful assembly and to freedom of association with others.

(2) No restrictions shall be placed on the exercise of these rights other than such as are prescribed by law and are necessary in a democratic society in the interests of national security or public safety, for the prevention of disorder or crime, for the protection of health or morals or for the protection of the rights and freedoms of others. This section shall not prevent the imposition of lawful restrictions on the exercise of these rights by members of the armed forces, of the police or of the administration of the Realm.

Section 81

Right to marry

Men and women of marriageable age have the right to marry and to found a family, according to any laws the Senate may provide governing the exercise of this right.

Section 82

Right to an effective remedy

Everyone whose rights and freedoms as set forth in Chapter IX are violated shall have an effective remedy before a national authority notwithstanding that the violation has been committed by persons acting in an official capacity.

Section 83

Prohibition of abuse of rights

Nothing in Chapter IX may be interpreted as implying for the Realm, any group or person any right to engage in any activity or perform any act aimed at the destruction of any of the rights and freedoms set forth herein or at their limitation to a greater extent than is provided for in Chapter IX.

Section 84

Limitation on use of restrictions on rights

The restrictions permitted under Chapter IX to the said rights and freedoms shall not be applied for any purpose other than those for which they have been prescribed."

Schedule

OATH

I, A.B., do swear that I will be faithful and bear true allegiance to His Majesty Grand High Exalted Majah Charles Reddack, His heirs and successors according to law. SO HELP ME GOD!

AFFIRMATION

I, A.B., do solemnly and sincerely affirm and declare that I will be faithful and bear true allegiance to His Majesty Grand High Exalted Majah Charles Reddack, His heirs and successors according to law.

(NOTE: The name or title of the Crown for the time being is to be substituted from time to time.)

Gurra09 · Aug 2, 2015

Nice job with the constitution, Melda!

On another note: the vote on Prime Minister, when does it close? Voting timeframes became a little unclear with the forums going offline again.

Melda · Aug 2, 2015

Well . . . if we go by the Senate Voting Act's two days . . . and we pretend the downtime didn't happen, I'd say we have about one day left, unless we want to call it early given we have six-sevenths of the Senate having cast their vote and a clear winner.

Unless we wanted to give Heerlo a few more hours.

Wyverncraft · Aug 2, 2015

I'm sorry if I totally missed this, but: how does the city council work? Are we just assuming what the city wants, or is it the senators from that city?

megamihime · Aug 2, 2015

Alright! I'm back!

...wow.

(hails the mighty Melda)

Melda · Aug 2, 2015

Wyverncraft said:
I'm sorry if I totally missed this, but: how does the city council work? Are we just assuming what the city wants, or is it the senators from that city?

I intended that merely as roleplay flavouring, but I suppose cpm could make that a gameplay mechanic that he controlled if he wanted.

megamihime said:
...wow.

(hails the mighty Melda)

Duly hailed.

megamihime · Aug 2, 2015

After being sworn in as Senator, Sofia Megame held a speech in Pulias City.

Spoiler :

Melda · Aug 2, 2015

Oh yeah. Given that we can safely consider Senator Aurora Gurra the duly elected Prime Minister, I believe she will have an announcement to make about her ministry shortly.

cpm4001 · Aug 2, 2015

Melda said:
Well . . . if we go by the Senate Voting Act's two days . . . and we pretend the downtime didn't happen, I'd say we have about one day left, unless we want to call it early given we have six-sevenths of the Senate having cast their vote and a clear winner.

Unless we wanted to give Heerlo a few more hours.

Heerlo's probably still engaged in his move, and this has been stalled for long enough, so let's say that the voting is over and Aurora Gurra is the new PM (and the first female in Pulias's history).
Also, it looks like multi-quote is broken, so I can't directly answer Wyverncraft's question, but nonetheless: the City Council thing is pretty much just flavor, and so doesn't really have an effect on gameplay.

Gurra09 · Aug 2, 2015

I, Aurora Gurra, do solemnly and sincerely affirm and declare that I will be faithful and bear true allegiance to His Majesty Emperor Franz Karl von Grubsbah, His heirs and successors according to law.

Thank you all for your support. The following Senators are members of my ministry:

Gurra (PPP) - Prime Minister
Heerlo (PAU) - Deputy Prime Minister and Minister of Defence
Melda (PPP) - Minister of Science and Culture
Huggins (PPP) - Minister of Construction
Barnard (PAU) - Minister of Economy and Infrastructure
Megame (Ind.) - Minister of Foreign Relations
Richterson (Ind.) - Minister of Intelligence

Melda · Aug 2, 2015

4th Pulian Senate

Pulias People's Party (PPP): 3 seats
Pulian Advancement Union (PAU): 2 seats
Independent (Ind): 2 seats

Members of the 4th Pulian Senate

The 4th Pulian Senate was formed in 1833 after the writs were returned for the Pulian general election, 1832 and is the current Senate. The Pulias People's Party is dominant in the chamber, the Pulian Advancement Union maintains their previous representation and the Mossback Party received its first seat.

The Emperor declared the Mossback seat vacant as the candidate, Dot Eitus had not attending the swearing in ceremony and could not be contacted. The Emperor sought advice from the Senate as to who should be appointed, and the Senate advised that the independent Miss Sofia Megame of Haven of Peace should be appointed to fill the casual vacancy in Pulias City in accordance with the Casual Vacancy Act 1822. The Emperor accepted this advice and invited Miss Magame to take up the seat.

The Pulias People's Party arguably won the election but commanded only a plurality of the 4th Pulian Senate, not a majority. It increased its number of Senators from the 3rd Pulian Senate by one, while the Pulian Advancement Union maintained their representation and the Pulian Imperial Party lost both of their formerly held seats. Two independent Senators completed the Senate roster.

Senator || Party | City | In office
Aurora Gurra| ██ |Pulias People's Party (party president)|Pulias City|1833–1843
Percy Huggins| ██ |Pulias People's Party (party secretary)|Coventry|1833–1843
The Honourable William Melda| ██ |Pulias People's Party|Haven of Peace|1833–1843
The Honourable Ernest Barnard| ██ |Pulian Advancement Union (party leader)|Pulias City|1833–1843
The Honourable Heerlo Antilles| ██ |Pulian Advancement Union|Haven of Peace|1833–1843
David Richterson| ██ |Independent|Coventry|1833–1843
Sofia Megame| ██ |Independent|Pulias City|1833–1843

Second Gurra Ministry

The 4th Pulian Senate elected Senator the Honourable Aurora Gurra to the post of Prime Minister, and she appointed her cabinet in 1833.

This cabinet was a first in two respects: it marked the first female Pulian Prime Minister and also marked the first People's Unity Cabinet, where an entire Senate of seven Senators all received ministerial portfolios regardless of their political background or identity.

Minister || Party | City | Portfolio | In office
Senator the Honourable Aurora Gurra| ██ |Pulias People's Party (party president)|Pulias City|Prime Minister of Pulias|1833–1843
Senator the Honourable Heerlo Antilles| ██ |Pulian Advancement Union|Haven of Peace|Deputy Prime Minister of Pulias, Minister of Defence|1833–1843
Senator the Honourable Percy Huggins| ██ |Pulias People's Party (party secretary)|Coventry|Minister of Construction|1833–1843
Senator the Honourable Ernest Barnard| ██ |Pulian Advancement Union (party leader)|Pulias City|Minister of Infrastructure, Minister of Economy|1833–1843
Senator the Honourable William Melda| ██ |Pulias People's Party|Haven of Peace|Minister of Culture*, Minister of Science|1833–1843
Senator the Honourable David Richterson| ██ |Independent|Coventry|Minister of Intelligence, Minister of Culture*|1833–1843
Senator the Honourable Sofia Megame| ██ |Independent|Pulias City|Minister of Foreign Relations|1833–1843

*Senator the Honourable William Melda served as Minister of Culture briefly until resigning in response to the Anthem Affair, after which Senator the Honourable David Richterson became Minister of Culture.

Edit: Added 'Antilles' surname to Heerlo due to retrospective name change.

Second Edit: Updated now the term is over.

christos200 · Aug 2, 2015

Speech:

Spoiler :

Pulias is supposed to be a parliamentary democracy, but due to the "stealing" of Mr. Eitus' senatorial seat, there is no opposition in the Senate. All senators are either socialists or political allies of the socialists. The so called "independents" were just socialists who wanted to 'fish' voters who had enough with the socialists and wanted something new. Instead of getting something new, they just elected socialists disguised as "independents".

The senate, as I said, is made up of only government affiliated senators. That means that no one can check the government anymore. Pulias has become an one party state in all but name. They can amend the constitution according to their wishes and they can, literally, establish a dictatorship in all but name. Without a strong opposition to check the socialists, I fear that Pulias will soon be a democracy in name only.

Also, it seems that Ms. Megame had promised her support to the socialists in order to take her seat. For, instead of holding elections so that the people of Pulias could elect by themselves their representative, the seat was essentially "stolen", as Ms. Megame herself admitted, from the people and given to her as a reward for her support of the government. If Ms. Megame had refused to be bribed, I guess someone else would have been made senator. Senatorial seats are nothing more to the socialists than rewards to bribe politicians. They utterly disregard the fact that the senators are not just some officials, but the representatives of the people and so they should be elected by the people.

I wish to state that it saddens me that Ms. Megame accepted the bribe of the senatorial seat and decided to support this corrupt government. It seems that those who placed hopes in her being a new face in politics were proved wrong. She is just another socialist who had hidden her beliefs in order to fish the votes of non socialist voters who wanted something new.

Only the Dawn Coalition offers a fresh air in Pulian politics and only it can assure that it will not be bribed nor will it submit to the socialists. All 'independents' are in fact secret socialists. Only we can assure that there will be real opposition to the socialists.

Vote the Dawn Coalition!
Vote the Nationalist Democratic Party!
Vote for the Nation!

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