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Kommandorkaptein Jórkellsson

Petition for the Fimmtardómur

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UNTO THE LORDS AND LADIES OF THE FIMMTARDÓMUR

 

Petitioner:

THE OFFICE OF THE ATTORNEY-GENERAL OF STORMARK

 

May it please Their Lordships to be petitioned by the Office of the Attorney-General of Stormark to consider a question concerning the Covenant of the Union of Anglia and Article 7a of the Viking Law that the Imperial Government of Stormark, which I, the Attorney-General of Stormark, represent, would like to be answered by Their Lordships.

 

And may it also please Their Lordships to be provided with the said Article 7a of the Viking Law which states that "(a) The Viking Empire of Stormark shall always remain a Sovereign, Free and Independent Nation. Stormark may therefore not merge with or into any other Nation. Nothing in this Article shall be construed to prevent any Nation from becoming a Protectorate, or an Autonomous Country, or other subdivision of the Viking Empire of Stormark.".

 

And may it furthermore please Their Lordships to be provided, in the Schedule to this petition, with the said Covenant of the Union of Anglia.

 

And may it therefore please Their Lordships to clarify whether or not it would be constitutional, under the High Laws of this Most Sovereign and Noble Viking Empire, for the Viking Empire of Stormark to become a member of the said Union of Anglia?

 

I thank Their Lordships for their time.

 

Respectfully submitted,

 

Jarli Jórkellsson,

Attorney-General of Stormark.

 

 

 

SCHEDULE

 

COVENANT OF THE UNION OF ANGLIA

 

 

THE HIGH CONTRACTING PARTIES,

 

Confirming their attachment to the principles of liberty and respect for human rights and of the rule of law,

 

Desiring to forge solidarity between their people while respecting their histories, cultures and traditions,

 

Resolved to achieve the strengthening and the convergence of their economies and to establish an economic and monetary union including, in accordance with the provisions of this Treaty, a single and stable currency,

 

Determined to promote economic and social progress for their peoples, within the context of the accomplishment of the internal market, and to implement policies ensuring that advances in economic integration are accompanied by parallel progress in other fields,

 

Resolved to implement a common foreign and security policy including the framing of a common defense policy, thereby reinforcing the Anglian identity and its independence in order to promote peace, security and progress in Anglia and in the world,

 

Reaffirming their objective to facilitate the free movement of persons, while ensuring the safety and security of their peoples, by including provisions on justice and home affairs in this Treaty,

 

Resolved to create an ever greater and closer confederation among the peoples of Anglia, subject to confederalism,

 

Have decided to establish the Union of Anglia under this Covenant:

 

ARTICLE 1.

The original Member Nations of the Union of Anglia shall be those Nations present in this Convention who shall ratify the Covenant. Their accession shall be effect by a Declaration deposited with the Hanoverian Foreign Office prior to the coming into force of the Covenant, or with the Secretary of the Supreme State Council subsequently.

 

Any self-governing primarily Anglophonic Nation not named as an original Member Nation, if it has a population of or above four persons, may become a Member Nation of the Union if its admission is agreed to by the majority of members of the Union Parliament in a special joint session, provided that it must have ratified the Covenant prior to consideration by the Union Parliament and that it shall give effective guarantees of its sincere intention to observe its obligations under the Covenant.

 

Any Member Nation of the Union may, after two weeks' notice of its intention so to do, withdraw from this Union.

 

Any self-governing or autonomous Nation which either shall not be eligible for Member Nation status at the time, or shall wish to be associated with the Union while reserving judgement on whether to completely join it, may become an Associate Member of this Union, upon recognition of such status by the Supreme State Council.

 

Associate Members may withdraw, with or without prior notice, from such status at their own will.

 

Member Nations which shall have withdrawn from the Union may, upon or within one week of withdrawal, may become Associate Members of the Union if they wish, upon recognition of such status by the sitting President of the Supreme State Council.

 

For the purposes of this Union, a nation is defined as a group of humans who share a common identity.

 

ARTICLE 2.

The actions of the Union under this Covenant shall be effected through legislation and decrees made to effect the execution of that legislation. The Union Parliament shall have the power to legislate, the Supreme State Council and Council of Federal Commissioners shall have the power to issue decrees, and the Supreme Court of Justice shall have the power to determine whether a federal law or decree is unconstitutional or illegal under this Covenant or not.

 

ARTICLE 3.

The Union Parliament shall consist of deputies, half of which elected on the basis of two for every member nation, using the Single Transferable Voting System, and non-voting delegates chosen on the basis of one per Associate Member. The Parliamentary term shall be three months and each member shall be re-electable.

 

Every member of the Union Parliament has the power to propose legislation. Votes in the Union Parliament shall terminate one week after they commence, unless a majority of members vote either in favor or against prior to the termination of that week.

 

The Union Parliament shall sit in constant session from one week after the general elections to one week before the next general elections. It shall elect its President from among its members as soon as it first sits after being elected.

 

The Union Parliament may deal with any legislative matter within the Union's competency.

 

ARTICLE 4.

The Supreme State Council shall consist either the head of state, the head of government or a representative of the head of state of each Member Nation, at the direction of the head of state of such nation.

 

The Supreme State Council may issue decrees in order to set the interpretation of federal laws and overturn decrees of the Council of Federal Commissioners. The Supreme State Council shall have the competency to ratify treaties entered into by the Union, though it must unanamously agree to ratfy such treaties.

 

The Presidency of the Supreme State Council shall rotate on a national basis, in alphabetical order, monthly. The President of the Supreme State Council, with that Council's consent, may appoint plenipotentiary and other diplomatic representatives of the Union, appoint officers of the Armed Forces of the Union (if established), receive diplomatic officials accredited to the Union by foreign nations, direct the Armed Forces of the Union (if established), direct the Union's foreign policy and sign and publish Acts of the Union Parliament.

 

ARTICLE 5.

The Council of Federal Commissioners shall consist of:

-The President of the Council of Federal Commissioners;

-The Vice President of the Council of Federal Commissioners;

-The Federal Commissioners.

 

The President of the Council of Federal Commissioners shall be elected by the Union Parliament to serve either until he has vacated his office, or the Union Parliament has chose to appoint a new holder of this office. The President of the Council of Federal Commissioners shall, as soon as possible after being elected, appoint the other members of the Council of Federal Commissioners, with the consent of the Supreme State Council.

 

The Council of Federal Commissioners shall serve as the primary federal administrative body. It shall co-ordinate the activities of the Federal Departments and issue decrees in pursuit of its purposes and within the federal laws.

 

Each Federal Commissioner shall be the head of a Federal Department. Until otherwise determined by the Union Parliament, the following Federal Departments shall exist:

-The Federal Department for Economic and Financial Affairs;

-The Federal Department for External Relations;

-The Federal Department for Justice and Home Affairs;

-The Federal Department for Military Affairs.

 

The Federal Departments shall either serve to administer in issue under the competency of the Union, to co-ordinate between ministries in the Member Nations in issues under their comptency, or both in issues under dual competency.

 

ARTICLE 6.

The Supreme Court of Justice shall consist of a President of the Supreme Court of Justice, who shall be appointed by the Union Parliament, as well as the highest judicial official of each of the Member Nations.

 

The Supreme Court of Justice shall rule in cases involving:

-Claims by the Supreme State Council that a Member Nation has not implemented a federal law or other legal requirement;

-Claims by Member Nations that the Union has exceeded its authority;

-Claims by individuals that a Member Nation or the Union has violated generally recognized rights;

-Disputes between the Member Nations, or between a Member Nation and a foreign nation.

 

It shall also reply to requests from national judiciary organs of the Member Nations asking it questions about the meaning or validity of a particular federal law.

 

ARTICLE 7.

The Union shall have, in the proper organs, exclusive competency to act in matters involving:

-Commerce among the Member Nations or with foreign powers;

-Offenses commited within more than one jurisdiction within the Union;

-The Federal Diplomatic Corps;

-Federal foreign policy;

-War, alliances and peace;

-Any matter where the Member Nations are entirely unable to act individually for reasons of lack of jurisdiction or otherwise, or where the harmony of the Union might be so threatend as to bring about the prospect of heated conflict between the Member Nations should they take seperate actions;

-Arbitration of disputes between the Member Nations or between a Member Nation and a foreign nation.

 

The Union may also institute a federal military force, a common monetary policy and a common currency, with either exclusive or dual competency over regulations of the same, should a referendum, approved by both a majority of the total population of the Union and a majority of the population in each of a majority of the Member Nations, authorize such. Even where the Union shall have been authorized to implement a federal military force, a common monetary policy and/or a common currency, Member Nations whose populations did not vote in a majority for the decision may choose to exclude themselves from such while still maintaining membership in the Union.

 

ARTICLE 8.

The Union and the Member Nations shall have, in the proper organs of each, dual competency in matters involving:

-National foreign policy;

-Military policy;

-Actions necessary for carrying out the powers within the Union's exclusive competency.

 

In cases of dual competency, the Union shall make the most general decisions necessary for the harmony of the Union, leaving the rest to the Member Nations.

 

ARTICLE 9.

The Member Nations shall have, in their proper organs, exclusive competency over all issues not under the exclusive competency of the Union or the dual competency of the Union and the Member Nations.

 

ARTICLE 10.

In cases where the consistency of any law or decree with this Covenant is doubted, or where interpretations of this Covenant are to be made, original intent, common sense and strict constructionism shall all be used as guiding principles above any other influence.

 

ARTICLE 11.

The Seat of the Union is established at federal forums created specifically for that purpose.

 

The Union shall have the exclusive competency in all matters of governing the Seat of the Union.

 

The Union Parliament may at any time decide that the Seat of the Union shall be established elsewhere.

 

ARTICLE 12.

All positions under or in connection with the Union shall be open equally to any qualified persons without discrimination on account of sex, race, religion, sexual orientation, ethnicity, social or geographic origin.

 

ARTICLE 13.

The Member Nations recognize that, by entering into this Union, they are entering into a firm friendship and alliance. They shall not undertake to do ill towards one another.

 

ARTICLE 14.

The Member Nations shall retain the right to engage in their own diplomatic affairs, but they shall not make alliances with any other nation, or take any other diplomatic path which could potentially detriment the Union or any Member Nation of it.

 

The Member Nations shall retain the right to exclude themselves from diplomatic affairs entered into by the Union, provided that such exclusion shall not in any way carry the potential of detrimenting the Union or any Member Nation.

 

ARTICLE 15.

The Member Nations of the Union agree that, if there should arise between any of them any dispute likely to lead to a rupture they will submit the matter to the Supreme Court of Justice for arbitration, and they agree in no case to resort to war against eachother.

 

ARTICLE 16.

The Member Nations retain the right to exclude themselves from laws and decrees made by the Union so long as such exclusion shall not ruin the harmony of the Union or cause situations where the Union may be left unable to function.

 

The Member Nations retain the right to temporarily nullify federal legislation and decrees within their jurisdictions pending a reveiw of the consistency of such legislation or decrees with this Covenant by the Supreme Court of Justice. Such review shall take place as soon as may be practicable.

 

The Associate Members shall not be bound to any federal legislation or decrees, and shall only be bound to regulations of this Covenant which common sense shall dictate that they ought to be bound to.

 

ARTICLE 17.

Should any foreign nation resort to war against any Member Nation or Associate Member of this Union, it shall be deemed to have committed an act of war against all the Member Nations and Associate Members of the Union and the Union itself.

 

ARTICLE 18.

Should any Member Nation or Associate Member of the Union resort to war against any other Member Nation or Associate Member of the Union, it shall be deemed to have automatically forfeited its protections under this Union and to have committed an act of war against all other Member Nations and Associate Members of the Union and the Union itself.

 

ARTICLE 19.

The Member Nations of the Union severally agree that this Covenant is accepted as abrogating all obligations or understandings which are inconsistent with the terms thereof, and solemnly undertake that they will not hereafter enter into any engagements inconsistent with the terms thereof.

 

In case any Member Nation of the Union shall, before becoming a Member Nation, have undertaken any obligations inconsistent with the terms of this Covenant, it shall be the duty of such Member Nation to take immediate steps to procure its release from such obligations.

 

ARTICLE 20.

The Member Nations and Associate Members of the Union will endeavor to secure and maintain the inviolable and nature rights of their citizens, bound by the harm principle.

 

ARTICLE 21.

The flag of the Union shall be a red Cross of St. George, bordered in white, against a blue background; the Cross being charged with eleven gold stars.

 

The shield of the Union shall bear a red Cross of St. George, bordered in white, against a blue background; the Cross being charged with eleven gold stars.

 

The arms of the Union shall be a double-headed eagle bearing the shield of the Union.

 

The motto of the Union shall be: A unitas progressus.

 

15 January shall be celebrated throughout the Union as Anglia Day

 

ARTICLE 22.

Amendments to this Covenant will take effect when ratified by a majority of Member Nations of the Union.

 

No such amendments shall bind any Member Nation of the Union which signifies its dissent therefrom. If the amendment is vital, however, said dissenting nation shall cease to be a Member Nation.

 

ARTICLE 23.

This Covenant will take effect in each Member Nation as it ratifies it, except for the first four to ratify, until the fifth does so. The ratification process shall be the same as any other multinational agreement under such nation's laws.

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