The Constitution:
The Constitution of Anasia
The People, pursuing the goals spelled out in this Constitution, establish the State in the Territory.
Chapter I State Definition
Article 1 State People (Citizenship, Language)
(1) Citizens of the State are all humans who are children of a citizen of the State, who are born in the Territory of the State, or who are naturalised and/or anyone who wants to join for online purposes, the State is open to anyone.
(2) The official language in the State is the English and Esperanto, other languages are accepted as we are an anti-discrimination State.
Article 2 State Form
(1) This State is a monarchy with a democratic system. All entities of the State must yield to these principles.
(2) This Constitution is the supreme law of the land; it is directly binding on all State authority. The general rules of public international law constitute an integral, inviolable part of the national law.
(3)The. State is free to any rises upon the social ladder and everyone who achieves a standard of an opportunity to be invested as a noble of the land.
Article 3 State Symbols, Capital
(1) The State has the National Colors, the State Flag, Seal, and Coat of Arms as well as the National Anthem.
(2) The State Motto is "Liberty, Equality, Freedom."
(3) The capital of the State is Europa.
Chapter II State Objectives
Article 4 General Constitutional Objectives
(1) The State promotes justice and universal protection of human rights as individual rights. The State encourages fraternity among its citizens by establishing solidarity, general welfare, and national unity.
(2) The State acknowledges the right of the People to national autonomy and self-determination, and the right of minorities to group autonomy.
(3) The State promotes:
(a) public health care;
(b) education and schooling;
(c) schemes for social welfare;
(d) preservation and development of culture;
(e) preservation and maintenance of historical objects;
(f) environmental protection, intergenerational equity, and the protection of nature for its intrinsic value including the protection of nature's right;
(g) natural and social sciences.
Article 5 State Security
(1) The State promotes worldwide peace. Do not disturb the peaceful relations
between nations.
(2)The State is to befriend all micro-nations big or small and lend support. The State representing must portrait an elegant and graceful appearance.
Chapter III State Organisation
Part I General Organisation
Article 6 Elections
(1) Absent of special provisions, elections are universal, direct, free, equal, and secret.
(2) Elections are always free and equal.
(3) Elections are always secret if a person eligible to vote or be elected so demands.
(4) Elected representatives are only bound by their conscience. They are servants of all, not only of their constituents.
Article 7 Organizational Principles
(1) The State separates executive, legislative, and adjudicative powers. Offices in different powers are incompatible with each other (horizontal imcompatibility). Offices in national entities are incompatible with any public office on a lower level (vertical incompatibility) and with any other salaried office, private or public (economic incompatibility). Political offices are incompatible with active duty in the armed forces (military incompatibility).
(2) The State acknowledges national, regional, and local autonomy.
(3) Autonomy is bound to the principle of democratic organization.
Article 8 Decentralization, Mutual Assistance
(1) State powers belong to the Regions if not assigned to the national entities by this Constitution.
(2) The Regions are bound to convey powers to the Communes if adequate use of those powers is possible on the local level (self-government).
(3) All powers of the State have to render each other legal and administrative assistance.
Article 9 National Council
(1) The regions are represented in the National Council.
(2) The National Council consists of 1/3members chosen by the monarch and 2/3members chosen by the people. Each region is represented in proportion to its share of citizens eligible to vote; at least by two members.
(3) Members of the National Council serve for a term of four years; they may be re-elected.
(4) 1/3 of all members are chosen to be on the cabinet. The are elected internally in the National Council.
Article 10 National Powers
(1) State powers belong to the national entities for the following subject matters:
a) state defence,
b) foreign relations,
c) economic regulations,
d) infrastructure and traffic,
e) taxation,
f) solidarity systems,
g) private, criminal, and procedural law,
h) educational and other standards,
i) and all other subject matters which by their very nature or as a corollary to the subjects listed have to be centralized on the national level.
(2) The State may give up sovereign powers to international or supranational bodies, including systems of mutual collective security and trade organisations, as long as it retains an adequate representation in those bodies and those bodies guarantee sufficient legal protection for the Citizens.
Part II Representation of the State
Article 11 Head of State
(1) The Monarch is the head of state. He or she has the right of pardon, to conduct foreign affairs, and to all other representative functions of the State.
(2) The Monarchy is hereditary. Sons of daughters may inherit. The heir presumptive will be styled "crown prince/princess".
(3) If the Monarch dies without an heir, the National Council would elect a line of future rulers.
(4) Before taking office, the Monarch takes the following Oath or Affirmation: "I do solemnly swear (or affirm) that I will faithfully execute this office, honoring and protecting the Constitution of the State", during their coronation.
(5) The Monarch shall not be held accountable for actions performed in the exercise of his office except in the case of high treason, may be indicted only by the National Council, and shall be tried only by the Supreme Court.
Part III Executive Power
Article 12 National Government,
(1) The executive power of the State is vested in the national Government. It includes diplomatic affairs.
(2) The King is the head of the National Government. The King freely chooses the 1/3 of the National Council members.
(3) The King is Commander in Chief of the Armed Forces.
Article 13 Impeachement
An impeachement of the King by the National Parliament takes the form of the opening of Parliament.
Article 14 Regional Equalization of Finances
(1)The State provides for an overall equalization of finances, giving due consideration to the regions' repective debts, burdens, economic power, and infrastructural responsibilities.
Part IV Legislative Power
Article 15 National Council
(1) The legislative power is vested in the National Council.
(2) The National Council consists of 33members. Members of the National Council are residents chosen by the King and the people.
(3) Everyone eligible to vote has recourse to the Supreme Court for scrutiny of the elections.
(4) The National Council draws up its own rules of procedures and elects a council speaker and prime minister.
(5) Decisions of the National Council require a majority of the votes cast (using S.T.V)
Article 16 Rights of Members of the National Council
(1) Members of the National Council are only bound by their consience.
(2) Members of the National Council may not be subjected to court proceedings or disciplinary action for a vote cast or a statement made by them in the National Council or in any of its committees.
(3) Members of the National Council may not be called to account or be arrested except by permission of the National Council (Immunity).
(4) Members of the National Council are entitled to adequate remuneration ensuring their independence. The remuneration may not be altered for the present term.
Article 17 Lawmaking Process
(1) Bills can be introduced only by the Members of the National Council or by one percent of the citizens. Bills can specify the additional requirement of a public referendum after they have been voted upon.
(2) The National Council has to be informed immediately of any bill introduced. Members of the National Council have the right to be heard during sessions according to the same rules as govern the participation of Members of the National Council.
(3) Laws altering this Constitution require two thirds of the votes cast (qualified majority), at least the votes of a majority of the Members of the National Council(absolute majority). All laws are void if they are unconstitutional.
(4) Laws have to specify their effective date. They are countersigned without scrutiny by the Prime Minister and promulgated in the Official National Cabinet.
(5) Bills can be submitted to a referendum if provided by the National Council decision or as part of the initiative.
Article 18 Budget
(1) The bill for the yearly budget law is introduced by the Monarch.
(2) Budget laws are not subjected to referendums.
Article 19 Treaties
(1) The Monarch signs treaties with other states.
(2) The legislative power of the National Council includes the power to ratify treaties with other states.
(3) Treaties not ratified within six months have to be revoked by the Monarch.
Article 20 National Ordinances
(1) Laws may empower National Ministers to adopt National Ordinances regarding a specified subject matter.
(2) National Ordinances do not require ratification by theNational Council .
Article 21 State of Emergency
(1) In cases of grave and immediate threat to the existence of the State, the Monarch or Prime Minister may take necessary measures of defence.
(2) All emergency measures must be confirmed or revoked by the National Council at the earliest time possible. The Prime Minister is bound by the National Councils' decisions.
Article 22 Ombudsman
The National Council Ombudsman safeguards fundamental rights and liberties and controls the compliance of all state powers with the provisions of this Constitution.
Part V Adjudicative Power
Article 23 Independent Courts
(1) The adjudicative power is vested in independent courts.
(2) Judges are citizens elected by the National Council. They are independent. Their office ends at time of retirement or when they lose their electoral rights.
Article 24 Supreme Court
(1) The Supreme Court decides issues involving this Constitution. In particular, the Supreme Court has jurisdiction over:
a) disputes between state entities concerning their respective rights and duties under this Constitution;
b) challenges of a national or regional entity, a Court in the course of its determination, or a third of the Members of the National Council against the constitutionality of a law;
c) claims of individuals regarding violations of their constitutional rights;
d) popular complaints about the violation of fundamental rights;
e) challenges of an act of a state power by the Ombudsman;
f) cases on appeal from National Courts as the Supreme Court deems necessary to review;
g) all other cases assigned to its jurisdiction by law.
(2) Decisions of the supreme court are directly binding for all entities of the State.
(3) The office of Supreme Court Justices does not exceed a period of 15 years.
Article 25 National Courts
(1) National courts have supreme jurisdiction over review and other matters assigned to it by law.
(2) Separate national courts shall be established for private law, penal law, and general public law.
(3) The supreme court decides by extraordinary review in cases of inconsistent application of the law by different national courts.
Chapter IV Fundamental Rights
Part I General Provisions
Article 26 Human Rights
(1) The State acknowledges liberty and equality of all humans.
(2) Human dignity must be respected in any case.
(3) Everyone is free to do or not to do whatever he or she chooses. Everyone is responsible for acts freely chosen.
(4) Slavery is abolished.
Article 27 Applicability
(1) Fundamental rights apply to natural persons, domestic and foreign, who are assigned these rights. They apply to legal persons, domestic and foreign, where, and to the extent that, the nature of the rights permits.
(2) Fundamental rights are inviolable and inalienable. They include the freedom not to make use of them. Their exercise may, in single instances, be waved by free and responsible declaration of the rightholder, but such declaration is never binding for future instances.
Part II Liberties and Property
Section I Integrity
Article 28 Personal Integrity
(1) Everyone has the right to life and bodily integrity.
(2) Everyone has the right to remain free (personal freedom).
(3) All citizens are free to reside anywhere in, move throughout, enter, and leave the Territory.
(4) Capital and corporal punishment are abolished.
(5) Torture is not prohibited unless a 2/3 majority in the National Council.
Article 29 Property Integrity and Related Rights
(1) Everyone has the right to acquire, own, possess, exclusively use, and convey private property.
(2) Property may not be taken without due compensation.
Article 30 Right to Testify and Inherit
Everyone has the right to testify and inherit.
Section II Religious Freedom
Article 31 Freedom of Religion and Belief
(1) Everyone has the right to choose and practice his or her religion, creed, conscience, faith, confession, and belief.
(2) Everyone can refuse to give religious instructions.
(3) Everyone can, on the basis of conscience, refuse to serve in armed forces.
Section III Freedom of Communication
Article 32 Freedom of Expression and Information
(1) Everyone has the right to freely express and disseminate his or her opinions.
(2) The Freedom of the press and other media is guaranteed.
(3) Everyone has the right to freely retrieve information from publicly available sources.
(4) Censorship is abolished.
Article 33 Right to Assemble and Associate
(1) Everyone has the right to peacefully assemble.
(2) Everyone has the right to associate with others. This includes association in political parties.
(3) Every adult has the right to marry one partner.
Article 34 Right to Privacy
(1) Everyone has the right to privacy.
(2) The home is inviolable.
(3) The privacy of letters as well as the secrecy of mail and telecommunication are inviolable.
Section IV Freedom of Profession and Activities
Article 35 Freedom of Profession
(1) All citizens have the right to freely choose their occupation, their place of work, and their place of study or training.
(2) There is no duty to work. Forced labor is prohibited.
Article 36 Freedom of Research, Science, and Teaching
(1) Everyone has the right to research and conduct science.
(2) Everyone has the right to perform arts.
(3) Everyone has the right to teach and to found private schools.
Section V Political Rights
Article 37 Electoral Rights
(1) All resident adults have the equal right to vote and to be elected. In national elections, only citizens have this right.
(2) There is no compulsory voting.
(3) Anyone who has attained the age of 10 years is an adult.
Article 38 Right to Petition
Everyone has the right to address written petitions to the competent agencies, to governments, and to the national council.
Article 39 Freedom of Citizenship
(1) Citizens can at any time give up their citizenship.
(2) Citizens may at no time be forced to give up their citizenship.
Article 40 Right to Self-Determination and Resistance
(1) Everyone has the right to collective self-determination including the right to decide about membership in national or local entities. The State guarantees these rights through adequate powers of decentralized national and local governments.
(2) All citizens have the right to civil disobedience and resistance against attempts to abolish this constitutional order, should no other remedy be available.
Article 41 Right to Found Political Parties
(1) Everyone has the right to found political parties respecting the principles of secularity, sovereignty, and democracy.
(2) Everyone is free to carry on politcal activities in or with such parties.
Section VI Other Liberties
Article 42 Freedom of Procreation and Childrearing
(1) Everyone has the right to procreation.
(2) Parents have the right to bringing up and educating their children. They have the right to decide about their children's participation in religious instructions.
Part III Equality
Article 43 Equality
(1) All humans are equal before the law (general equality).
(2) Matrimonial equality and legitimacy equality are guaranteed.
(3) All citizens are equally eligible for public office according to their professional aptitude.
Article 44 Prohibition of Discrimination and Privileges
(1) No person may be discriminated against or privileged on the basis of sex, gender, origin, race, language, origin, parentage, creed, faith, or nobility.
(2) Measures for the advancement of persons are admissible to remedy past discrimination (affirmative action).
Article 45 Nobility
(1)Titles of nobility is granted by the State. Titles of nobility are part of the family name.
(2)Titles are either life long or hereditary.
Part IV Right to Protection
Article 46 Special Protection
(1) Protection of human dignity is a duty of the State.
(2) The institution of marriage has the special protection of the State.
(3) Families, mothers, and minors have the special protection of the State.
(4) Everyone persecuted on political grounds has the right to asylum.
Part V Welfare Rights
Article 47 Special Support
(1) Everyone has the right to lifelihood, health care, shelter, and education.
(2) Mothers have the special support of the State.
Part VI Procedural Rights
Article 48 Access to courts
(1) Everyone has free recourse to the courts.
(2) Everyone has the right to a constitutional judge. Extraordinary courts are not allowed.
(3) Persons and groups have recourse to the court acting for other rightholders not being in a position to seek relief in their own name (third party standing).
Article 49 Fair Trial
(1) Everyone has the right to a fair trial. Evidence obtained illegally is inadmissible. Everyone has the right of access to all state information required for the exercise or protection of any of his or her rights (file access).
(2) Everyone has the right to trial by jury.
(3) No one may be deprived of life, liberty, or property without due process of law.
(4) No law shall be passed stipulating regulations of the past without due compensation for all losses (ex post facto law).
Article 50 Criminal Justice
(1) No act may be punished unless it constituted a criminal offence under the law before having been committed (nulla poena sine lege). No one may be punished for the same act more than once (double jeopardy).
(2) Only judges may indict or subpoena persons or issue warrants for arrest, search, or seizure.
(3) Everyone accused or arrested enjoys the right
(a) to a speedy and public trial,
(b) to be presumed innocent until proven guilty,
(c) not to be a witness against himself,
(d) promptly to be informed about the reason of accusation or detention and about the right to be silent (Miranda rights),
(e) to counsel for defence,
(f) to communicate with next-of-kin, partner, and legal, medical, and religious counsellor,
(g) to be released no later than 24 hours after the arrest if not further detended after court hearing, and
(h) to redress in case of false imprisonment.
Article 51 Prohibition of Extradition
No citizen may be extradited to a foreign country.
Chapter V Individual Restrictions
Part I General Provisions
Article 52 Admissible Restrictions
(1) The State can apply restrictions on individual rights only for the purpose of protecting individual rights of other persons or furthering other state interests explicitly mentioned in this Constitution (constitutional interest).
(2) Any restriction on individual rights must be competent and narrowly tailored to further the constitutional interest. Such restriction must be an adequate means to achieve the purpose of furthering the constitutional interest. In no case may the essence of a fundamental right be infringed.
(3) Any restriction must apply generally and not solely to an individual case.
Article 53 Special Restrictions
(1) Possession and use of drugs resulting in strong and imminent danger for the general public is prohibited.
(2) Possession and use of firearms and other weapons without a permit is prohibited.
Part II Duties
Article 54 General Duties
(1) Parents have the duty to rear and educate their minor children.
(2) Adults have the duty to support and assist their parents if they are in need.
(3) Parents and children have the duty to ensure that minors attend public schools or equivalent institutions (compulsory schooling). Vocational schools and certified private schools are equivalent to public schools.
Article 55 Civil Service
(1) Every citizen of age serves one year in the Armed Forces, in the unarmed civil services, or in equivalent non-profit services.
(2) Whoever is unable to serve is liable to compensate the community.
(3)Citizens can refuse due to religious beliefs.
Part III Burdens
Article 56 Taxation
(1) The State levies taxes from the citizens.
(2) The State levies taxes throughout the Territory.
(3)Citizens pay taxes to their home country.
Article 57 Mandatory Insurance
(1)The State establishes the requirements for mandatory insurance.
Part IV State Monopolies
Article 58 Monopolies on objects
(1)No one but the State may own heavy weapons or ultra-hazardous material.
Article 59 Monopolies on activities
(1) No one but the State may coin or print money.
(2) The State retains the monopoly on mail and telecommunication networks.
Part V Forfeiture of Fundamental Rights
Article 60 Forfeiture of Rights
(1) Persons and political parties who abuse fundamental rights in order to combat the free democratic basic order forfeit these rights.
(2) Such forfeiture and the extent thereof is determined by the Supreme Court.
Article 61 Deprivation of Electoral Rights
(1)By final court order, the right to vote and to be elected can, partially or at large, temporarily or unlimited, be suspended if an adult or if they have not the requisite mental capacity to do so
-Drew Isaac Mulholland,King of Anasia