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The Constitution of Treisenberg

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HIH Birla user posted imageThe Elentári

 

 

THE CONSTITUTION OF THE ETERNAL REALM OF TREISENBERG

 

 

To all Royals, Nobles and Knights and to all other persons whatsoever to whom these Presents shall come, Greetings:

 

LET IT BE KNOWN that We, Dame Birla Mortensdottir, Elentári of Treisenberg, do hereby grant this Constitution in order that We may establish the mechanisms of good and free government for this Realm.

 

ARTICLE I: GENERAL PROVISIONS

 

1. The name and style of the state shall be the "Eternal Realm of Treisenberg".

 

2. The sovereignty of the state emanates from the people.

 

3. The system of government shall be Constitutional Monarchy.

 

4. The national capital shall be the city of Treisen, which shall be independent of any province or dominion.

 

5. The official language of the state shall be English.

 

6. In all instances, wherein this document makes reference to the masculine pronoun, shall not exclude, the feminine gender, and shall be construed as implying inclusiveness.

 

ARTICLE II. CHARTER OF RIGHTS AND LIBERTIES

 

1. Citizenship shall be granted via the process of naturalization, and shall entitle its holder to the following rights and privileges:

 

a. The right to equality under the law.

b. The right to enjoy and protect life, liberty, and property, and to pursue happiness.

c. The right to speak, print, and otherwise disseminate opinions freely.

d. The right to peacefully assemble.

e. The right to practice, promote, and establish any religion.

f. Freedom from unreasonable search and seizure.

g. The right to a free, public, and speedy trial.

h. The right to legal counsel, provided without cost if the citizen is unable to pay for it.

i. Freedom from forced self-incrimination.

j. The right not to be subsequently tried for an offence of which the citizen has been acquitted, except in the case of a mistrial, or legal misconduct.

k. Freedom from imprisonment for debt.

l. The right to bear arms in self-defence.

m. The security of private property from unlawful seizure.

n. This enumeration of rights and privileges shall not be construed to impair or deny others retained by the people.

 

2. The Monarch or his Ministers may maintain a list of all citizens.

 

ARTICLE III: THE CROWN OF TREISENBERG

 

1. The Crown shall be personified through the person of the Monarch, the King, or in the case of a female holder of the Throne, the Queen as Head of State. The Monarch, as Head of State, is the symbol of the unity and permanence of the State. The Eternal Realm of Treisenberg is under the Overlordship of His Imperial Majesty, The Sovereign Viking Emperor.

 

2. Upon the coming into operation of this Constitution Pope Camillus I of the Church of Stormark shall become and be the Monarch of Treisenberg.

 

3. The person of the Monarch is inviolable and is not subject to responsibility. His ministers are responsible.

 

4. The Monarch shall consult the Royal Council of State before traveling abroad, or brief periods which he must be away from his duties. If the absence is extended beyond two weeks, the Royal Council of State shall perform the duties of the Head of State in that temporary capacity. The Church shall be ruled by the Camerlengo, as set out in Papal Decree.

 

5. The Monarch shall have the power to enact Laws by Royal Decree. A Royal Decree must be published in the public forums within twenty-four hours. A two-thirds vote of the Senate in disapproval shall nullify a Royal Decree.

 

6. The Monarch, through the process of the Royal Assent, may approve or disapprove of an Act of the Senate. Only acts that receive approval through the Royal Assent shall be made into Law. Acts that do not receive the consideration of the Crown within 15 days after being dispatched to the Monarch for his Assent, shall be passed into Law with the Royal Assent being automatically assumed.

 

7. The Monarch shall convoke and dissolve the Senate.

 

8. The Monarch may convoke a referendum on the advice of the Council of State or the Senate.

 

9. The Monarch may declare a state of emergency during which time he may dissolve the Senate and rule by decree should it become clearly apparent that the Senate is no longer able to function, thus endangering the survival of the state. The Monarch shall return the Senate within two weeks of declaring a state of emergency. In the event that the Senate cannot be restored, the Monarch shall rule the land independently until such time as the people manifest an ability to govern themselves.

 

10. The Monarch shall appoint and dismiss members of the government.

 

11. The Monarch exercises supreme command of the forces and instruments of national defense.

 

12. The Monarch accredits ambassadors and other diplomatic representatives. Foreign representatives in Nidaros are accredited before him.

 

13. It is incumbent upon the Monarch to express the consent of the State to obligate itself internationally through treaties in conformity with the Constitution and the laws.

 

14. The Monarch may execute Royal Warrants, and Letters Patent to associations and corporate bodies within the Realm.

 

15. The Monarch, as the fons honorum, has sole power to elevate citizens to the nobility, grant and bestow orders of chivalry, and present honours.

 

16. The Monarch may declare national holidays of a temporary or of a fixed permanent nature by proclamation.

 

17. The Monarch may create and dissolve any department of the government.

 

18. The Monarch, upon his coronation, investiture, or enthronement, will swear to faithfully carry out his functions, to obey the Constitution and the laws and ensure that they are obeyed.

 

ARTICLE IV: SUCCESSION

 

1. The Monarch shall be succeeded by an heir of his choosing, upon his abdication or removal, who shall posess the title of "Crown Prince of Treisenberg."

 

2. If the Monarch has been continuously prevented for a period of two months from carrying out his duties, or has failed to carry them out, the Government shall notify the Fimmtardómur. The Fimmtardómur shall resolve whether the Monarch shall be deemed to be incapacitated.

 

ARTICLE V: REGENCY

 

1. In the event of the Monarch's declared incapacitation by the Fimmtardómur, the the Royal Council of State, shall rule the nation, for as long as it can be determined that the Monarch lives and wills to remain upon the throne.

 

2. The Royal Council of State, will attempt to contact the Monarch once every week during the regency. If the Monarch shall respond and indicate his desire to remain on the throne, the regency shall continue. If the Monarch indicates that he does not wish to remain on the throne, the Royal Council of State shall inform the Kingdom. If there is no response after a month of the regency, the Monarch shall be removed, and the Crown Prince shall succeed.

 

3. Should there be no Crown Prince at the time of the removal of the Monarch, then His Imperial Majesty, The Sovereign Viking Emperor shall choose a successor to the Throne.

 

4. If at any point during regency the Monarch shall communicate that he is once again able to resume his functions and duties, the regency shall come to an end.

 

ARTICLE VI: THE ROYAL COUNCIL OF STATE

 

1. The Royal Council of State is the highest consultative and executive organ of the government. Its function is to advise and assist the Monarch in the governing of the Realm.

 

2. The Royal Council of State shall consist of five members chosen to represent a broad spectrum of Treisenberger society. Persons holding national elective office may not sit on the Royal Council of State.

 

3. The Monarch shall appoint from among the five members a President of the Council to preside over the Royal Council of State.

 

4. The Royal Council of State shall discharge the duties and functions of the Head of State when the Monarch declares that he shall be absent from the nation for a period or two weeks or longer. The Royal Council of State shall assume the duties of the Head of State on the declared date of the Monarch's departure and shall relinquish them immediately upon hearing word of the Monarch's return.

 

5. Should the Monarch not return, the Royal Council of State will continue to act in the capacity of Head of State for a period of no longer than two months, after which the procedure outline in Article IV, Section 2, shall be implemented.

 

ARTICLE VII: THE SENATE

 

1. The Legislative Power shall be vested in a unicameral Senate, and shall sit in continuous session.

 

2. The session of the Senate shall be convoked, and all members seated and sworn in, immediately upon order of the Monarch.

 

3. Immediately after the session of the Senate is convoked, the Monarch shall deliver a speech to the Senate.

 

4. All persons who have been chosen by the Monarch, or approved by the President of the Senate, as empowered by the Monarch, to serve as Senators shall hold a seat in the Senate.

 

5. The Senate shall be moderated by the President of the Senate, who shall be elected by the members.

 

6. The Senate may establish its procedures in the Senate Standing Orders, which shall be enacted by Resolution.

 

7. The Senate may originate any Bill or Resolution.

 

8. If a Bill is approved by the Senate, it shall be presented to the Monarch for Royal Assent. Resolutions do not require Royal Assent.

 

a. If the Monarch grants Royal Assent to the Bill, it shall hold legal force.

 

b. If the Monarch withholds Royal Assent to the Bill, it shall not hold legal force.

 

c. If the Monarch fails to either grant or withhold Royal Assent within two weeks after the Bill is presented to him, it shall hold legal force.

 

ARTICLE VIII. THE JUDICIAL POWER

 

1. The Judicial Power of Treisenberg is vested in the Law Courts of Stormark.

 

2. The Monarch may appoint a Lord Advocate to defend the Government in legal cases brought against it.

 

ARTICLE IX: SUPREMACY OF LAW

 

1. This Constitution, and the subsequent laws of the Eternal Realm of Treisenberg which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the said Kingdom, shall be the supreme law of the land. Acts of the Senate, and Royal Decrees of the Monarch shall be considered to be on equal in precedents in so much as they do not conflict with this Constitution, in which case, the Constitution shall maintain supremacy. However complete supremacy shall given to the laws and such acts of the Viking Empire of Stormark. All laws and acts of the Eternal Realm of Treisenberg shall be subordinate to the Viking Empire, and any Treisenberger law, act, etc. may be overturned by the government of the Viking Empire of Stormark.

 

ARTICLE X: AMENDMENTS AND COMMENCEMENT

 

1. This Constitution may be amended by a two-thirds majority of the Senate, or Royal Decree unopposed by the Senate.

 

2. This Constitution shall come into operation immediatly.

 

 

This is Our Will, and Our Will is Law.

 

Given at Our Court at Nendeln Palace in Treisen under Our Hand and the Great Seal of the Eternal Realm of Treisenberg on the Nineth Day of March in the Fifth Year of the Second Viking Age.

 

user posted image

 

Her Imperial Highness, Birla, First of the Name, Elentári of Treisenberg, Queen of Elves, Lady of the Inner Sea and the Outer Islands, Keeper of the War Helmet of Thyra, Yarl of Epithranoi, Dame of the Most Beloved Imperial Order of Frigga.

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