Ratified by signatures of the Emperor and the Prince of Grønbjerg, 31 January 2009
Preamble
Shawn by the Will to leadership and the Acclamation of his peers, Emperor of Septempontia, Duke of Westgate, Lord of the Rivers and Bridges, formerly King of Triparia, in consultation with Alan, Prince of Grønbjerg, Grand Master of the Order of the Silver Cross, Bearer of the Ring of Edward, Lord of the North, having both furthermore served our People as Sovereign Triselene Emperors, etc. to all to whom these our presents may come: Greetings.
We stand at a crossroads. Mindful of the proud history of our people, who did of old deliberate their destiny as free men and women united in loyalty to their King, who sat in council presiding over mountains and valleys, duchies and marches, we mourn the erosion and predation of time.
Yet we are resolved. We do not yield to history and we do not yield to uncertainty. We do not surrender in the face of adversity; we steel ourselves and raise once more the spirit of our land, of our people, of our Nation.
In benevolence, we resolve to establish equity and opportunity for our countrymen. In friendship, we renew our communities, our ties, our bonds, our traditions. In greatness, we set the seal upon the destiny we ordained for ourselves so many years ago.
We, Shawn and Alan, united in purpose with our loyal comrades and fellow-citizens, do by these presents proclaim the Renaissance of the Empire and its rededication. We affirm our undiminished will to forge a mighty nation upon the mountains and through the valleys of our homeland. We proclaim to its citizens and to the world the Sovereign Aristene Empire.
Article I: The State
- Being resolved to renew the spirit of greatness, of friendship, and of benevolence which moves the greatest of enterprises, the Emperor of Septempontia hereby inaugurates a Renaissance for his Empire and his People, and to this end rededicates the Empire as The Sovereign Aristene Empire.
- The People of the Sovereign Aristene Empire, inheritors through Septempontia of the proud traditions of Triparia and the Triselene Imperium, invite all who share in their spirit to unite with us in forging this great Nation into a greater Empire.
- The Sovereign Aristene Empire is a constitutional monarchy, with the Emperor as its Head of State and Government, as provided in this Constitution.
- The name of the State may for most purposes be rendered simply The Aristene Empire or The Empire of Ariston. The name in the short form is Ariston, or The Empire, for purposes of law, as hereinafter.
- The State constituted by this document is a Micronation, or Model Country. The Empire rejects for all time any policy of secession from the macronation in which its territory lies. Such a policy is inapplicable to the Empire's situation and inconsistent with its nature.
- The sovereignty of the State arises from the will of its citizens.
- The power of the State arises from the Emperor and the People, and shall be exercised by both in accordance with the provisions of this Constitution.
- Citizenship is granted, or revoked, at the discretion of the Emperor, acting in consultation with the Council of State.
- A resident alien is a person residing within Imperial territory, while holding citizenship under the laws of another State with which the Empire has entered into diplomatic relations. Such a person is bound by all Imperial laws pertaining to resident aliens.
- The territory of the Empire is unchanged, consisting of the territory of the Empire of Septempontia and the Principalities of Grønbjerg and of Orange as established by law.
- The scope of Imperial law is confined to these matters: the definition, maintenance, organization, and defense of its territories; the governance of its citizens and the protection of Imperial culture and civilization; and the governance of resident aliens. Beyond this scope, Imperial law has neither competence or jurisdiction.
Dedication
Nature
Sovereignty and Citizenship
Scope of Territory and of Law
Article II: The Monarchy
- The Emperor is styled His Imperial Majesty the Sovereign Aristene Emperor, or if female Her Imperial Majesty the Sovereign Aristene Empress. These styles may for most purposes be expressed simply as His or Her Majesty the Emperor or Empress of Ariston, or in some similar and tasteful fashion.
- The spouse of the Emperor shall be styled Imperial Majesty; the spouse of the the Heir Apparent shall be styled Imperial Highness.
- All children and grandchildren of the Emperor shall bear the title of Prince or Princess of the Imperial House, styled Imperial Highness. Descendants of the third generation and those following are commoners at birth, if they inherit no other title.
- The Throne shall be hereditary in the direct natural and legitimate, or adopted, line of the Imperial House, by absolute primogeniture.
- In default of a natural and legitimate heir, or adopted heir, of the Imperial House, the citizenry at large shall elect by general referendum a new Emperor, who must at the time of the referendum be eligible to vote.
- The Heir Apparent shall accede to the Throne immediately upon the vacancy thereof, and exercise all the authority and powers thereof from the moment of succession; unless, being of voting age, he may choose to decline the Throne, in which case it shall proceed to the next person in line as though he had accepted and immediately abdicated.
- A successor to the Throne chosen by referendum of the citizenry shall accede to the Throne, and exercise all the authority and powers thereof, upon making public affirmation, if possible in the presence of Councilors of State, that he will uphold the laws and principles of the Empire and defend the rights of the People to the limit of his abilities, and transmitting this affirmation to the citizens.
- An Emperor who has not yet reached voting age is unable to exercise the powers of his office.
- The Emperor may be declared incapacitated by the certification of a competent medical official, or may so declare himself in writing to the Council of State.
- The Emperor may at any time appoint an Imperial citizen to act as Regent in expectation of his incapacity due to ill-health or the accession of a minor to the Throne.
- In default of an appointed Regent during the minority or incapacity of the Emperor, the Council of State shall act as a Regency Council, exercising the powers of the Regent as prescribed by Imperial law.
- The Regent shall act as Head of State during the incapacity or minority of the Emperor, exercising all the powers and attributes thereof, except as provided herein.
- All acts of the Regent, and all oaths of office or public trust, shall be made to the Emperor or in his name.
- No amendment shall be made to this Constitution during a Regency, though it may be revised by the procedure provided in Article V herein.
- The Regent shall raise no person to a higher degree of nobility or knighthood; nor shall he revoke or degrade any peerage or knighthood, except in penalty for convictions of high crimes.
- The Regent shall not alter the membership of the Council of State without the consent of a majority of its members, except to increase its membership when fewer than three.
- The Regent may be removed from office by the will of three-fifths of the Councilors of State.
- The Emperor may not be criminally prosecuted or be subject to civil action, save by his own consent, or if not fewer than three-fifths of all citizens eligible to vote make petition for his indictment for a high crime, or for civil hearing.
- Should the Emperor be party to a civil case, or indicted for a crime, the Council of State shall appoint a judge or court for the hearing of the case.
Styles and Titles
Succession
Regency
Prosecution
Article III: The Government
- The Emperor shall have power to enact and promulgate all such laws as he finds necessary and expedient for the good government and well-being of the Empire, and to make provision for their implementation and enforcement.
- The Emperor shall exercise the judicial authority of the Empire. He shall have power to hear, try, and sentence all actions and cases, to commute, mitigate, or remit sentences, and to pardon offences; and he may delegate this power to lesser courts and judges.
- The Emperor shall have power to make and abrogate treaties and agreements with foreign powers, and to receive and accredit ambassadors.
- The Emperor shall be the commander-in-chief of the armed forces of the Empire, and all officers thereof shall be commissioned in his name and by his authority.
- The Emperor may bestow, augment, revoke, or diminish any title of nobility or knighthood or other titles of honour, and may charter others to exercise similar powers within limits that he may prescribe.
- The Emperor may declare national symbols, including but not limited to heraldic devices, artists laureate, and the like. He may also declare national days of observance for events of great import, or national holidays. He may establish laws regulating the proclamation and observance of such symbols and events.
- There shall be a Council to aid and advise in the government of the Empire, styled the Aristene Council of State, whose members serve at the invitation and pleasure of the Emperor.
- The Council of State shall be advisory. Its resolutions and decisions, except when acting as a Regency Council, shall not be binding; but the Emperor shall give them hearing, and shall make his person available to their request for audience except where other business of state may pressingly intervene.
- The Emperor shall seek the advice and counsel of the Councilors of State concerning new legislation.
- Members of the Council of State must be eligible to vote and to hold offices of public trust.
- Whenever the Council of State numbers fewer than three, the Emperor is obliged to make all reasonable efforts to appoint new Councilors, so long as there are eligible citizens who may serve; but the resolution of pressing matters before the Empire may take precedence in duress.
- The Council of State shall meet as its members may determine, or at the summons of the Emperor; and its meetings shall follow whatever parliamentary procedures they may choose, subject to Imperial law.
- Membership in the Council of State shall not preclude the holding of other offices of trust from the Emperor.
- Princes and Princesses of the Imperial House shall be entitled to claim seats in the Council of State upon reaching the age of majority, except where the Emperor shall provide otherwise.
- The Emperor shall have power to appoint Ministers for the administration of the power of government, and to prescribe their competence and jurisdiction.
- Ministers shall be answerable directly to the Emperor, or to his appointed deputy. No person shall be Minister of more than one Ministry at a time, except as caretaker during the vacancy of a Ministry.
- Ministers shall serve at the pleasure of the Emperor, but no Minister may be removed from office without his consent, without first receiving hearing before the Emperor and the Council of State together, unless convicted of a high crime.
Powers of the Emperor
The Council of State
Ministries
Article IV: Rights and Freedoms
- Every citizen is entitled to the rights and freedoms herein enumerated, and all are equal before the law, without distinction of race, sex, sexual preference, religion, or birth.
- There shall be no official establishment of religion, and no religious test shall constitute qualification for or against any public office or trust in the Empire.
- Every citizen shall enjoy freedom of thought, conscience, religion, and belief, and the freedom to manifest these in worship, observance, practice, and demonstration, whether public or private, without fear of interference or punishment.
- Every citizen shall enjoy the freedom to express themselves and their opinions, in speech, writing, art, or any other medium, without fear of interference or punishment.
- Every citizen has the right to assemble peaceably with others in public places as well as private, and to associate with whomever they will.
- Every citizen has the right to move and to reside freely in the Empire, and to enter and leave its territory.
- Every citizen, having attained the age of sixteen years, has the right to vote in referenda, and other elections as may be established by law, and is eligible to hold offices of public trust, except during a sentence for high crime which shall prescribe ineligibility to vote as part of the penalty.
- Every citizen has the right to be secure from unreasonable searches and seizures, whether of their property, their person, their correspondence, or any other thing generally and reasonably held to belong to them; nor shall any private property be seized for public use.
- Every citizen has the right to freedom of their own person, and none shall be arrested or detained, or charged with any offense, without cause and warrant, nor shall any be presumed guilty until convicted.
- Every citizen, being accused, has the right to the assistance of legal counsel and to a lawful, public, and impartial trial, without undue delay. No citizen shall in their own cause be compelled to give evidence or confess guilt; and they shall not be denied the right to examine the witnesses, and to obtain the attendance and examination of witnesses for their defense.
- No citizen shall be tried or punished for an action which was not illegal at the time of its commission, nor sentenced to a punishment more severe than that which was provided by law at the said time.
- No citizen, having once been tried either to conviction or acquittal, or pardoned, shall be tried or punished a second time for the same offense.
- No person has the right to violate the physical safety of other persons, or the sanctity of their lawfully held property or residence, through the pretended exercise of any of these rights.
- The rights and freedoms enumerated in this article shall not be susceptible to amendment, except insofar as such amendment may seek to augment them. No amendment which may hereafter be made to this Constitution shall reduce, restrict, or diminish the liberties of the people.
General Provisions
Enumeration of Rights
Entrenchment
Article V: The Constitution
- This Constitution shall be the supreme law of the Sovereign Aristene Empire. It shall not be suspended, in whole or in part, under any circumstances.
- Any law, regulation, treaty, or verdict which contradicts this Constitution is invalid to the extent of the contradiction. No such instrument shall be enacted; nor, being enacted in error, shall be enforced.
- The Emperor, as supreme judicial authority, shall make determination in any case where interpretation or clarification of this Constitution is called for.
- The use of the male pronoun in this Constitution is only a linguistic convenience, and shall not be construed to exclude any person of whatever gender from any of the rights, privileges, powers, responsibilities, obligations, or any other matter treated of in this Constitution or any laws enacted under its provisions, unless those laws treat specifically and explicitly of matters which only concern persons of a specific gender.
- This Constitution may be amended by law except as herein restricted.
- Any prospective amendment of this Constitution must be published and made generally available for not less than one month before its enactment. Prospective amendments may be withdrawn at any time during this period.
- If not less than three-fifths of all citizens eligible to vote make petition for the amendment of this constitution, or its revision in a manner inadmissable as an amendment, the Emperor shall convene a Constitutional Convention. Any Imperial citizen eligible to vote may claim a seat in this Convention.
- The Convention shall have six months to prepare a draft of a new Constitution incorporating the desired revisions, and to submit this to all citizens for consideration, whereupon it shall adjourn; or it may during that time adjourn without making a proposal. If after six months no proposal is made by the Convention, it shall adjourn without making one.
- During the six months allotted to the Convention, the Emperor shall have the right also to prepare and submit a draft of a new Constitution for popular consideration, or may publicly waive this right. If after six months the Emperor has taken no action, he is deemed to have waived his right.
- After the convention has adjourned, and the Emperor has submitted his draft or waived his option to do so, not less than three weeks nor more than three months shall elapse before the old Constitution shall be considered along with the proposed draft or drafts in a nationwide referendum.
- If only one draft Constitution is presented for consideration alongside the old Constitution, the winner of an absolute majority of votes shall be adopted.
- If both the Emperor and the Convention present draft Constitutions for consideration alongside the old Constitution, voting shall be held in two rounds. The first shall be a ranked-preference vote in which the least popular choice shall be eliminated; the second, which shall be held two weeks later, shall choose by absolute majority which of the two remaining constitutions shall be adopted.
- Ties during any round of voting, in either case, shall cause that round to be repeated after one week. If the vote is tied in three successive ballots, the referendum shall be cancelled and the Constitution unaltered.
- Collection of ballots during a constitutional referendum shall be open for not less than three days, nor more than seven days; and shall be open for not less than twelve hours on each of those days.
- Upon the signing of this Constitution by the Emperor of Septempontia for that Empire and for the Principality of Orange, and the Prince of Grønbjerg for that Principality, the Empire of Septempontia, its vassals and dominions, will be governed by this Constitution, and will be known henceforward as the Sovereign Aristene Empire, as provided herein.
- The degrees of nobility and knighthood, grants of arms, and other ceremonial holdings of Imperial citizens continue undiminished under this Constitution until such time as the Emperor or lawful authority may in particular cases alter them.
- This Constitution supersedes the Great Charter, the Fundamental Law, and the Law of Succession of the Empire of Septempontia, without prejudice to the principles embodied therein.