Constitution of the Principality of Harcourt
The Constitution of the Principality of Harcourt is the supreme law of the nation.
In the Name of the Most Holy Trinity, from whom is all authority and to whom, as our final end, all actions both of men and States must be referred, We, the people of Harcourt, Humbly acknowledging all our obligations to our Divine Lord, Jesus Christ, Who sustained our fathers through centuries of trial, Gratefully remembering their heroic and unremitting struggle to regain the rightful independence of our Nation, And seeking to promote the common good, with due observance of Prudence, Justice and Charity, so that the dignity and freedom of the individual may be assured, true social order attained, the unity of our country restored, and concord established with other nations, Do hereby adopt, enact, and give to ourselves this Constitution.
Bill of Rights
Every Human, weather born of lay blood or that of a Royal, is entitled to the basic rights of man. These include the right to speech, and to gather peacefully and publicly. Also each human is to have the right to bear arms, to pursue happiness and practice in the customs of ones homeland.
Everyone has the right to the free development of their personality insofar as he or she does not violate the rights of others or offend against the constitutional order or the moral code. Everyone has the right to life and to inviolability of their person. The freedom of the individual is inviolable. These rights may only be encroached upon pursuant to a law.
All persons are considered equal before any law passed by the national government. Men and women have equal rights and dignities before the law. No one may be prejudiced or favored because of their sex, their parentage, their language, their homeland and origin, or position in society.
The right of faith and of conscience, and privilege of creed religious or ideological, is inviolable. The undisturbed practice of religion is guaranteed. These rights may be temporarily revoked if a person is believed a threat to the state by using their religion as a justification for illegal actions.
Everyone has the right to express and to disseminate their opinion by speech, writing and pictures and freely to inform themselves from generally accessible sources. Freedom of the press and freedom of reporting by radio and motion pictures are guaranteed. Public Censorship is allowed if the expression is deemed a threat to the state or the constitution. These rights are limited by the provisions of the general laws, the provisions of law for the protection of youth and by the right to inviolability of personal honor. Art and science, research and teaching are free. Freedom of teaching does not absolve from loyalty to the constitution. All citizens have the right to assemble peacefully and unarmed with only prior notification or permission. With regard to open-air meetings this 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 and to the representative assemblies.
Marriage and family enjoy the special protection of the state. Care and upbringing of children are the natural right of the parents and a duty primarily incumbent on them. The state watches over the performance of this duty. Separation of children from the family against the will of the persons entitled to bring them up may take place only pursuant to a law, if those so entitled fail in their duty or if the children are otherwise threatened with neglect. Every mother is entitled to the protection and care of the community. Illegitimate children shall be provided by legislation with the same opportunities for their physical and spiritual development and their position in society as are enjoyed by legitimate children.
The entire education system is under the supervision of the state. The persons entitled to bring up a child have the right to decide whether they shall receive religious instruction. Religious instruction forms part of the ordinary curriculum in state and municipal schools, excepting secular schools. Without prejudice to the state's right of supervision, religious instruction is given in accordance with the tenets of the religious communities. No teacher may be obliged against their will to give religious instruction. The right to establish private schools is guaranteed. Private schools as a substitute for state or municipal schools require the approval of the state and are subject to the laws of the land. This approval must be given if private schools are not inferior to the state or municipal schools in their educational aims, their facilities and the professional training of their teaching staff, and if a segregation of the pupils according to the means of the parents is allowed. This approval must be withheld if the economic and legal position of the teaching staff is not sufficiently assured. A private elementary school shall be admitted only if the educational authority finds that it serves a special pedagogic interest or if, on the application of persons entitled to bring up children, it is to be established as an interdenominational or denominational or ideological school and a state or municipal elementary school of this type does not exist in the community. Preparatory schools are instituted.
All citizens shall enjoy the freedom of movement throughout the national territory. This right may be restricted only by or pursuant to a statute, and only in cases in which an adequate basis of existence is lacking and special burdens would arise to the community, or in which the restriction is necessary to avert an imminent danger to the existence or the basic order of the nation or a State, to combat the danger of epidemics, to deal with natural disasters or particularly grave accidents, to protect young people from neglect or to prevent crime.
The home is inviolable. Searches may be ordered only by a judge or, in the event of danger in delay, by other organs as provided by law and may be carried out only in the form prescribed by law. Otherwise, this inviolability may be encroached upon or restricted only to avert a common danger or a mortal danger to individuals or, pursuant to a law, to prevent imminent danger to public security and order, especially to alleviate the housing shortage, to combat the danger of epidemics or to protect endangered juveniles.
Property and the privileges of inheritance are guaranteed. Their content and limits are determined by the laws. Property imposes duties. Its use should also serve the public weal. Expropriation is permitted only in the public weal. It may take place only by or pursuant to law which provides for kind and extent of the compensation. The compensation shall be determined upon just consideration of the public interest and of the interests of the persons affected. In case of dispute regarding the amount of compensation, recourse may be had to the ordinary courts.
No one of European decent may be deprived of their citizenship. Loss of citizenship may arise only pursuant to a law, and against the will of the person affected it may arise only if such person does not thereby become stateless. No citizen may be extradited to a foreign country. Persons persecuted for political reasons enjoy the right of asylum.
The monarch is to be a symbol of national unity and pride to the citizens. The monarch will act as Head of State and Commander-in-Chief of the Armed Forces.
The monarch will assume the title Prince of Harcourt upon succession to the Throne. As well as maintain other regional and hereditary titles. And will be styled as His Royal Highness. The Heir will assume the title Prince Regent of Harcourt. The Prince Regent shall be styled also as His Royal Highness. Line of succession will be regulated by the Royal House law. Other members of the Royal Family shall have no constitutional power or right to represent the nation abroad unless privilege to do so is granted by the monarch. Titles and styles for family members shall be regulated by the Royal House law.
The monarch represents the nation in its international relations. The monarch concludes treaties with foreign states on behalf of the nation. The monarch may also accredit and receive diplomats. Treaties which regulate the political relations of the nation or relate to matters of Royal legislation require the consent or participation, in he form of a national law, of the bodies competent in any specific case for such Royal legislation. For administrative agreements the provisions concerning the Royal administration apply mutatis mutandis. Orders and decrees of the monarch require for their validity the countersignature of the Chancellor or the President of the Royal Senate. This does not apply to the appointment and dismissal of the Chancellor.
The monarch appoints and dismisses the Royal civil servants, the officers and non-commissioned officers, unless otherwise provided for by law. The monarch exercises the power of pardon on behalf of the nation in individual cases. The monarch may delegate these powers to other authorities. The monarch will head a Council of State Leaders, to ensure the regional leaders do not become ambitious and do not attempt to enforce state laws illegal on the national level.
The monarch cannot be censured or accused. The responsibility rests with his government. The monarch may issue and repeal ordinances relating to commerce, customs, all livelihoods and the police, although these must not conflict with the Constitution or with the laws passed by the Royal Senate.
Office of the Chancellor
The executive branch of government consists of the Prince, the Chancellor and his cabinet of Ministers. The Chancellor will act as Head of Government and shall be appointed by the Prince.
The Chancellor is responsible for the functions and procedures of all government activities within the nation. Should they be a leader of a political party, upon his or her election as Chancellor the individual must resign from their party leadership for the remainder of their term as Chancellor. The Chancellor is simultaneously President of the Royal Senate and gives final legislative approval of bills to be signed by the monarch.
The Chancellor will act as head of his appointed cabinet of various Royal Ministers. The Royal Chancellor may veto an act of the Royal Senate. The Chancellor may serve for three terms, each lasting six months. The Chancellor cannot at any time propose a bill before the Royal Senate knowing that it violates the Fundamental Rights of citizens or the constitutional order. Nor can they enforce a Law or Regulation, legal or illegal, without the consent of the Royal Senate.
All Royal Ministers have executive authority within their ministry. They may be appointed and dismissed only by the Prime Minister and the Prince. The cabinet of the Chancellor must consist of at least, Minister of the Defense who shall act as Vice- Chancellor, Minister of Foreign Affairs, and Minister of Justice. The Chancelleries line of succession shall be in the order mentioned above. Legislative Branch The Royal Senate shall be a unicameral legislative body of the entire nation.
The Royal Senate includes one representative from each state of the nation. All representatives will be appointed by the legal system of the individual state. In the event the state cannot send a representative the state's individual head of state shall represent them. Senators shall be elected for a six month term.
The Royal Senate shall be convened at its first sitting on the tenth day after the elections. The monarch may convene a sitting of the Royal Senate earlier than the mentioned time in the event of an emergency. From the time the Royal Senate of a new convocation begins to work the mandate of the previous convocation shall expire. Unless the Royal Senate votes to continue the convocation.
Sittings of the Royal Senate shall be open. In cases envisaged by procedural rules the chamber shall have the right to hold closed-door sittings. The chamber must hold open sittings for the consideration of messages of the monarch, messages of the Royal Court, and speeches of the leaders of foreign states, unless requested otherwise by the speaker.
The Royal Senate shall elect from among its deputies the Vice-President. The President of the Royal Senate and his Vice-President Chair sittings and shall be in charge of the internal routine work of the chamber. The Royal Senate shall set up committees and commissions hold parliamentary hearings on issues in their authority.
The jurisdiction of the Royal Senate includes the approval of changes in borders between states of the nation, approving the resolution of the issue of confidence in the national government, the proclamation of amnesty, advancing charges against the Chancellor for their impeachment. the approval of a decree by the monarch on the introduction of martial law, the approval of a decree of the monarch on the introduction of a state of emergency, the deciding on the possibility of using the Armed Forces outside the territory of a particular state. Resolutions of the Royal Senate shall be adopted by a majority of the total number of the members of the Royal Senate, if other rules for adopting decisions are not envisaged by this constitution.
The power to initiate legislation shall be shared by the Chancellor, the members of the Royal Senate, and the Prince himself, and the legislative (representative) bodies of the regional states. Bills shall be submitted to the Royal Senate. Bills on the introduction or cancellation of taxes, on exemption from their payment, on the issue of state loans, on changes in the financial obligations of the State, and other bills envisaging expenses covered from the national budget may be submitted only upon a conclusion of the national government.
National laws shall be adopted by the Royal Senate. The national laws adopted by the Royal Senate shall be submitted within five days for consideration by the Chancellor and the Prince. A national law shall be considered to be approved by the Executives if over half of the total number of the members of the chamber has voted for it or if the Executives do not consider it in fourteen days. If the Executives reject a law, the Royal Senate may create a conciliatory commission for overcoming the contradictions that arose. If the Royal Senate disagrees with the decision of the Executives, a national law shall be considered blocked, if during the second vote not less than two thirds of the total number of the senators of the Royal Senate supported it.
National laws adopted by the Royal Senate on the following issues shall be the liable to obligatory consideration; a national budget, currency, customs regulation, and money issue, the ratification and denunciation of international treaties and agreements, the status and protection of the state border of nation, and the declaration of peace or war.
The adopted national law shall be submitted within five days to the monarch for signing and making it public. The Sovereign shall sign the national law and make it public within fourteen days. If within fourteen days from the moment of receiving the national law the monarch rejects it, the Royal Senate shall reconsider the present law according to the rules established by this constitution. If during the second vote the law is approved in the earlier adopted wording by not less than two thirds of the total number of the members of the Royal Senate, it shall be signed by the monarch within seven days and made public.
Nationwide Law is to be based upon Common Law. Judges appointed to the Supreme Court regulate Laws created by the Royal Senate, as per Checks and Balances. The national Court System is to be organized as follows: The Supreme Court, State-Level Supreme Courts, and City-Level Courts. Any decisions made by City-Level, State-Level Supreme, or Federal District Courts can be appealed. However, any decisions made by the Supreme Court are final and indefinite.
Justice in the nation shall be administered by courts alone. Judicial power shall be exercised by means of constitutional, civil, administrative and criminal proceedings. The judicial system of the nation shall be instituted by this constitution and the national constitutional law. The creation of extraordinary courts shall not be allowed.
The Supreme Court is the highest Court of both Appeal, as well as interpretation of this Constitution. The Supreme Court is responsible for both the establishment and maintenance of lower, inferior federal Courts. The Supreme Court has the power of Judicial Review; the Court has the power to determine whether or not a Law passed by the Royal Senate accords to this constitution. The Supreme Court is composed of three Justices; one Chief Justice, the Chief Justice is also the Minister of Justice, and two Justices.
All civil court matters in the federal districts are to be handled by the Supreme Court, unless there is an overwhelming amount of cases. Only at that point can the Chancellor appoint Judges for the federal districts.
No Official, be he or she in the Armed Forces, federal Government, a State Government, or Regular Citizen is above the Law. The national government has the power to punish persons convicted of crimes, and no matter the circumstance, may he or she escape or otherwise avoid said circumstance.
Amendments to this Constitution
This Constitution can only be amended by the Royal Senate appointed by it, and only then with a two-thirds majority vote of its members and deputies. After this proposal, the house will create their own version of the amendment. Afterwards, the Vice- Chancellor may make any needed adjustments and vote on the Bill. All final amendments shall be signed into law first by the Chancellor followed by the monarch. If the amendment is passed by majority of the Royal Senate, neither can veto it.