The Broughtopian Constitution

The Constitution of The Kingdom of Broughtopia

Preamble Foundation of the State The People, pursuing the goals spelled out in this Constitution, establish the Kingdom of Broughtopia. Chapter I State Definition

Article 1 State People (Citizenship, Language)

(1) Citizens of the Kingdom are all humans who are children of a citizen of the Kingdom, who are born in the Territory of the Kingdom, or who are naturalized. (2) The official language in the Kingdom is the English.

Article 2 State Form

(1) This Kingdom is a sovereign Monarchy. All entities of the Kingdom must yield to these principles. (2) This Constitution is the supreme law of the land; it is directly binding on all Kingdom authority. The general rules of public international law constitute an integral, inviolable part of the national law.

Article 3 State Symbols, Capital

(1) The Kingdom has the National Colours, Black white and blue, the State Flag, Seal, and Coat of Arms as well as the National Anthem. (2) The State Motto is "For The King! For Broughtopia." (3) The capital of the State is Broughton Palace.

Chapter II State Objectives

Article 4 General Constitutional Objectives

(1) The Kingdom promotes justice and universal protection of human rights as individual rights. The Kingdom encourages fraternity among its citizens by establishing solidarity, general welfare, and national unity. (2) The Kingdom acknowledges the right of the People to national autonomy and self-determination, and the right of minorities to group autonomy. (3) The Kingdom 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 Kingdom promotes worldwide peace. Acts undertaken to prepare war or to otherwise disturb the peaceful relations between nations are constitutional. (2) The State takes adequate measures to preserve its integrity even in the state of war or civil war. (3) The Kingdom protects the People against terrorism, extremism, and catastrophes to the best of its ability.

Chapter III State Organization

Part I General Organization

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.

Article 7 Organizational Principles

(1) The King is head of: 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).

Article 8 Decentralization, Mutual Assistance

(1) State powers belong to the King.

Article 9 Regional Council

(1) The regions are represented in the Regional Council. (2) The Regional Council consists of 10 members. Each region is represented in proportion to its share of citizens eligible to vote; at least by one member. (3) Members of the Regional Council serve for a term of four years; they may be re-elected.

Article 10 National Powers

(1) State powers belong to the King especially 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.

Part II Representation of the State

Article 11 Head of State

(1) The King is the head of state. He has the right of pardon, to conduct foreign affairs, and to all other representative functions of the State. (2) The Prime Minister and Deputy-Prime Minister are elected by the National Parliament with precedence over all business, Given to them by the Head of state. (3) Every resident citizen with the right to vote who has attained the age of sixteen is eligible for the office of Prime Minister and Deputy-Prime Minister (4) Before taking office, Prime Ministers and Deputy-Prime Ministers take the following Oath or Affirmation: "I do solemnly swear onto God and the King (or Queen) that I will faithfully serve our King, protect our Queen and execute this office, honouring and protecting the Constitution of the Kingdom of Broughtopia." (5) The Prime Minister and Deputy-Prime Minister shall not be held accountable for actions performed in the exercise of his/her office except in the case of high treason, may be indicted by the National Parliament or the King, and shall be tried only by the Crown Court.

Part III Executive Power

Article 12 National Government

(1) The executive power of the State is vested in the King, unless assigned to the Prime Minister. It includes diplomatic affairs. The Prime Minister is the Head of Government. (2) The Prime Minister freely chooses the National Ministers. (3) The King is Commander in Chief of the Armed Forces.

Article 13 Impeachment An impeachment of the Prime Minister by the National Parliament takes the form of a new General election.

Article 14 Regional Equalization of Finances The State provides for an overall equalization of finances, giving due consideration to the regions' respective debts, burdens, economic power, and infrastructural responsibilities.

Part IV Legislative Power

Article 15 National Parliament

(1) The National Parliament consists of 9 members. Members of the National Parliament are residents publicly elected by the People. Each region elects among its residents in proportion to its share of citizens eligible to vote. Their office ends after a five-year term or when they lose their electoral rights

(2) Decisions of the National Parliament require a majority of the votes cast (simple majority) unless this Constitution provides otherwise.

Article 16 Rights of Members of Parliament

(1) Members of Parliament are only bound by their consience. (2) Members of Parliament may not be subjected to court proceedings or disciplinary action for a vote cast or a statement made by them in the National Parliament or in any of its committees (Indemnity). (3) Members of Parliament may not be called to account or be arrested except by permission of the National Parliament, or the King (Immunity). (4) Members of Parliament 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 by the Members of Parliament, by one percent of the citizens (Public Initiative) or by the King. Bills can specify the additional requirement of a public referendum after they have been voted upon. (2) The Regional Council has to be informed immediately of any bill introduced. Members of the Regional Council have the right to be heard during sessions according to the same rules as govern the participation of Members of Parliament. (3) Laws altering this Constitution require Royal approval. All laws are void if they are unconstitutional. (4) Laws have to specify their effective date. They are countersigned without scrutiny by the Parliamentary Prime Minister and The King and promulgated in the Official National Publication. (5) Bills can be submitted to a referendum if provided by parliamentary decision or as part of the initiative.

Article 18 Budget

(1) The bill for the yearly budget law is introduced by the Prime Minister. (2) Budget laws are not subjected to referendums.

Article 19 Treaties

(1) The King signs treaties with other states. (3) Treaties not ratified within six months have to be revoked by the Foreign Office.

Article 20 National Ordinances

(2) National Ordinances do not require ratification by Parliament.

Article 21 State of Emergency

(1) In cases of grave and immediate threat to the existence of the Kingdom the King may take necessary measures for defence.

(2) If the King is unavailable during a state of emergency then the Prime Minister will take temporary status as Head of State.

(3) During a State of Emergency the following Rights can be temporary revoked: Articles 32-34 and Articles 37-41.

Article 22 Ombudsman The parliamentary Ombudsman safeguards fundamental rights and liberties and controls the compliance of all state powers with the provisions of this Constitution. (Abolished)

Part V Adjudicative Power

Article 23 Independent Courts

(1) The adjudicative power is vested in independent courts. (2) Judges are citizens elected by the parliament. They are independent. Their office ends at time of retirement or when they lose their electoral rights.

Article 24 Crown Court

(1) The Crown Court decides issues involving this Constitution. In particular, the Crown 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 Parliament 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 Crown 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 crown 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 (negative freedom). Their exercise may, in single instances, be waved by free and responsible declaration of the right holder, 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 move throughout, enter, and leave the Territory (Unless it is prohibited by Government or Monarchy) (4) Capital and corporal punishment are abolished. (5) Torture is prohibited.

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 (1) 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 labour 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 sixteen 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 parliaments.

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 regional or local entities. The State guarantees these rights through adequate powers of decentralized regional 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 political 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) Nobility has no authority over citizens.

(2) Titles of Nobility are granted by the King.

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, and single fathers, 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. 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 the King, 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 (1) No citizen may be extradited to a foreign country. (unless in cases of Treason)

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.

Part III Burdens

Article 56 Taxation

(1) The Monarch levies taxes from the citizens. (2) The Monarch levies taxes throughout the Territory.

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 Rights

Article 60 Deprivation of Electoral Rights 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 a) has not the requisite mental capacity for any legal responsibility or b) has irrevocably been sentenced to at least one year of imprisonment.