Constitution of St.Charlie
The Constitution of the Federal Republic of St.Charlie (Italian: Costituzione della Repubblica Federale di St.Charlie) was enacted by the members of the National Party of St.Charlie the 23rd of November 2008, and presented the same day to the citizens of the nation. The Constitution previously gave supreme power to the National Party of St.Charlie and forbade the creation of other political parties. This obligation was repealed after the Branson Act 2009.
St.Charlie went through a terrible crisis, which turned the Kingdom in a Federal Republic. The citizens of St.Charlie of District, Lower-St.Charlie, Upper-St.Charlie, New Ridgeway, Cascia del Pinzanello, Caroline Charlotte and Tor Pendente have achieved the freedom of the Federal Republic in self-determination during and after the revolution. This Constitution is therefore valid for the entire citizens of the Federal Republic.
Conscious of their responsibility before its citizens, the Government of the Federal Republic of St.Charlie has adopted, by virtue of its constituent power, this Supreme Law.
Equalty before the law
- All persons are equal before the law
- Men and women have equal rights
- No one may be prejudiced or advantaged because of his sex, his language, his origins, the color of its skin, or his religious or political opinions
Freedom of Faith
- Freedom of faith and of conscience, and freedom of religious or ideological beliefs, are inviolable.
- No one may be compelled against his conscience to attend war service as an armed combatant.
Freedom of Expression
- Everyone is free to express and to disseminate his opinion by speech, writing and pictures. Freedom of the press and freedom of reporting by radio and motion pictures are infinite.
Freedom of Assembly and Petition
- All citizens of the Federal Republic of St.Charlie have the right to assemble peacefully and unarmed.
- With regard to open-air meetings this right may be restricted by or pursuant to a law.
- Everyone has the right individually or jointly with others to address written requests or complaints to the competent authorities.
Freedom of Movement
- All citizens can move around and outside the Federal Republic without restrictions.
- A Passport is not obligatory for moving outisde St.Charlie. However, if a St.Charlian citizen desires to receive a Passport, he can demand one at the St.Charlian Immigration Office.
Right to choose an occupation
- All St.Charlians have the right freely to choose their profession, occupation, and their workplace.
- Forced labor may be imposed only if a person has his freedom taken by the sentence of a loyal court.
Military and other services
- Men who give their availability to the government may be required to serve in the SCAF or in a civil defense organization.
- A person who refuses, on grounds of conscience, to render war service involving the sue of arms may be required to render a substitute service. The duration of such substitute service shall not exceed the duration of military service.
- Where the nation is during a state of defense, the right of a citizen to quit the pursuit of his occupation or quit his place of work for entering in the SCAF may be accepted.
Deprivation of Citizenship, right of asylum and extradition
- No one may be deprived of his St.Charlian citizenship, unless bounded by law.
- No citizen of the Federal Republic of St.Charlie may be moved to a foreign country. Persons prosecuted for political reasons have the right of asylum.
The Federal Republic
Basic principles of state order
- The Federal Republic of St.Charlie is a democratic Federal state.
- The Federal Republic is divided into four Federations: District, New Ridgeway, Tor Pendente and Caroline Charlotte.
- The people exercise state power through political parties, which include the leading party and the opposition, which constitute the political foundation of the Federal Republic.
The St.Charlian Flag
- The flag of the Federal Republic of St.Charlie is blue-red-blue, with the red stripe of bigger dimensions than the blue stripes. A blue star, symbol of the November Revolution, is located in the middle of the flag.
- The political parties of St.Charlie participate in the forming of the will of the St.Charlian citizens. They may be established without restrictions.
- Political parties which, by reason of their aims, try to damage the Federal Republic or to endanger its existance shall be unconstitutional.
Collective Security System
- The Federal Republic may, by legislation, transfer sovereign powers to international institutions.
- For keeping freedom and peace, the Federal Republic can join a system of mutual collective security. In doing so it will consent to such limitations upon its sovereign powers as will bring about and secure a peaceful order among the micronations of the world.
- For the settlement of disputes between nations, the Federal Republic of St.Charlie will accede to agreements concerning a general, comprehensive and obligatory system of diplomacy.
Ban on preparing a war of aggression
- Activities tending and taken with the intent to disturb peaceful relations between nations, especially to prepare for aggressive war, are unconstitutional. They're a punished offense.
- The conduct of relations with foreign states is the concern of the Minister of Foreign Affairs.
The St.Charlian Parliament
- The deputies to the St.Charlian Parliament are elected in free, equal and secret elections. They are representatives of the whole people, and are not bound by orders and instructions.
- All citizens that have attained 180 days (about 6 months) or more of citizenship are entitled to vote. Anyone who attained 240 days (about 8 months) or more of citizenship is eligible for election.
Assembly and Legislative Power
- The Parliament is elected for a term of two years.
- The Parliament determines and is responsible for Legislative Power.
- The Parliament shall assemble, at the latest, on the thirtieth day after the election.
- The Parliament determines the termination and resumption of its meetings. The President of the St.Charlian Parliament may convene it at an earlier date. He must do so if one-third of the members, the President, or the Prime Minister of the Federal Republic of St.Charlie ask to do so.
President, rules of procedure
- The St.Charlian Parliament elects its President, or Speaker, who is later officially authorized to excercise by the Cabinet of Ministers.
- The President exercises the proprietary and police powers in the Parlamentar building. No search or seizure may take place in the premises of the St.Charlian Parliament without his permission.
- The meetings of the St.Charlians Parliament are public. However, upon a motion of one-tenth of its members, the public may, by a one-half majority vote, be excluded. The decision on the motion can be taken at a meeting open to the public.
- Decisions of the Parliament require a majority of votes cast unless this Constitution provides otherwise. For the elections to be made by the Parliament the rules of procedure may provide exemptions.
Presence of members of the Government
- The St.Charlians Parliament and its committees may demand the presence of any member of the Government.
- The members of the Federal Government as well as persons commissioned by them have access to all meetings of the Parliament and its committees. They must be heard at any time.
The Federal President
- The President of the Federal Republic is elected, without debate, by the members of the St.Charlian Parliament. This includes the members of the Government.
- The term of office of the Federal President is three years.
- The person receiving the votes of the majority of the members of the St.Charlian Parliament is elected. If the majority is not obtained by any candidate in two ballots, the candidate who receives the largest number of votes in a further ballot is elected.
Oath of office
- On assuming his office the President of the Federal Republic takes the following oath before the assembled members of the St.Charlian Parliament:
"I solemnly swear that I will use all my skills and qualities to the well-being of the Federal Republic of St.Charlie, enhance its benefits, improve and defend the Constitution and the laws of the Federal Republic, fulfill my duties conscientiously, and do justice to all."
- Orders and decrees of the President require for their validity the signature of the Prime Minister of the Federal Republic. This does not apply to the appointment and dismissal of the Prime Minister, and the dissolution of the St.Charlian Parliament.
- The Government of the Federal Republic of St.Charlie consists of the Prime Minister of the Federal Republic, the Cabinet, and the Chief of the SCAF.
Election and appointment of the Prime Minister
- The Prime Minister of the Federal Republic is elected by all St.Charlian citizens that have attained legal status to vote (180 days).
- Before the election, a one month campaign is granted to the candidates, with the intention to give them enough time to show their projects if elected.
Appointment of Ministers
- The Ministers are appointed and dismissed by the Prime Minister, upon the proposal of the President.
- The Prime Minister can also be nominated Minister.
Powers exercised in the Government
- The Prime Minister, with the help of the Cabinet, determines and is responsible for Executive Power. Within the limits of this general policy, each Minister conducts the business of his department autonomously and on his own responsibility. The Prime Minister conducts the business of the Government in accordance with rules of procedure adopted by him and later approved by the President.
Power of command over the Armed Forces
- Power of command in respect of the Armed Forces shall be vested In the President of the Federal Republic and secondarily, in the Ministry of Defense and the Chief of Staff of the SCAF.
Execution of Laws and administration
Establishment of the St.Charlie Armed Forces
- The Federal Republic shall establish an Army, a Navy, and a Border Force for defending the Federal Republic, and not for conflicts, called St.Charlie Armed Forces.
- They're organized on hierarchy, under the authority of the President of the Federal Republic, who is automatically Chief of the Army, and the Chief of Staff of the SCAF.
Powers of the SCAF
- While a state of Defense or a state of tension exists, the Armed Forces shall have the power to protect civilians and discharge functions of traffic control insofar as this is necessary for the performance of their Defense mission. Moreover, the Armed Forces may, when a state of Defense or a state of tension exists, be entrusted with the protection of civilians also in support of police measures; in this event the Armed Forces shall cooperate with the competent authorities.
- In order to avert any imminent danger to the existence or to the free democratic basic order of the Federal Republic or a Federation, the Federal Government may, when they find that the police forces are inadequate, use the Armed Forces to support the police in the protection of civilian property and in combating organized and militantly armed insurgents.
Establishment of the St.Charlie Military Police
- St.Charlie shall establish a police force for maintaining the public order, called St.Charlie Military Police.
- The Military Police must investigate criminal offenses against the order of the Republic, maintain and restore the public order, pursue and apprehend the fugitives, secure the vital installations of St.Charlie and protect its important files.
- The Military Police and its reserve, is controlled by the Chief of Staff of the Armed Forces
- The Federal Republic establishes a note-issuing and currency bank as the Federal bank.
- The Federal Bank is owned by the State.
- In order to avert any imminent danger to the existence or to the order of the Federal Republic, St.Charlie may request the services of the military forces of other micronations.
Administration of Justice
- The judicial authority is vested in the judges and it's exercised by the Ministry of Justice.
- Capital punishment is abolished.
State of Defense
Concept and determination of a state of Defense
- The determination that territory is being attacked by armed force or that such an attack is directly imminent (state of Defense) shall be made by the Minister of Defense.
- It is State of Defense when the situation imperatively calls for immediate action and where obstacles prevent the assembly of the St.Charlian Parliament.
- The determination shall be promulgated by the President or the Prime Minister.
- Where the federal territory is being attacked by an armed force and where the competent bodies of the Federation are not in a position to make the determination provided for in the first sentences of this Article, such determination shall be deemed to have been made and promulgated at the time the attack began. The President shall announce such time as soon as circumstances permit.
- Where the determination of the existence of a state of Defense has been promulgated and where the federal territory is being attacked by an armed force, the President may, with the consent of the St.Charlians Parliament, issue declarations under international law regarding the existence of such state of Defense.
Transfer of command to the President
- Upon the promulgation of a state of Defense, the power of command over the Armed Forces shall pass to the President of the Federal Republic.
- Where the President can't receive command over the Armed Forces, the pover is given to the Prime Minister.
Termination of a state of Defense
- Any measures taken by the SCAF or the Federal Government to avert a danger shall be revoked where the St.Charlian Parliament so decide.
- The St.Charlians Parliament, may at any time declare a state of Defense terminated by a decision to be promulgated by the President. A state of Defense shall, without delay, be declared terminated where the reasons for the determination of this stae of Defense no longer exist.
- The conclusion of peace shall be the subject of a federal statute.
Concluding Provisions and Signatures
- Unless otherwise provided by law, a St.Charlian within the meaning of this Suprme Law is a person who possesses St.Charlian citizenship, who has been admitted to the territory of the St.Charlian Kingdom of Patrizio I, as it existed on November 2000, as a refugee or expellee of St.Charlian stock or as the spouse or descendant of such person.
- Former St.Charlian citizens who during November 2008 were deprived of their citizenship for political reasons, and their descendants, shall be re- granted St.Charlian citizenship on application.
- Kingdom property becomes in principle Federal properly.
- Property which was placed at the disposal of the Kingdom by the regions and communities (associations of communities) without compensation shall again become the property of the regions and communities (community associations), insofar as it is not required by the Federal Republic for its own administrative tasks.
Singed in the St.Charlian city of District, this twenty-third day of November, year two thousand and eight.
Alexander Jacob Reinhardt
Whisky Archibald Walker I
Recorded modifications to the Constitution
- 05/01/2009 - The region of New Ridegeway was added to the Constitution.
- 21/01/2009 - The Branson Act 2009 was approved and signed. The NPSC is not the supreme and only party of St.Charlie anymore. Still, it will stay as the leading party until the elections of 2010.
- 29/04/2009 - The section explaining the duties of the St.Charlie Military Police is written.
- 11/05/2009 - The region of Cascia del Pinzanello was added to the Constitution.
- 03/08/2009 - The electoral reform was added
- 25/08/2009 - Tor Pendente and Caroline Charlotte added to the Constitution.