Constitution of Aryez

From Aryez

Current revision as of 22:40, 18 September 2008

This is the current Constitution of Aryez. It is the 7th one.

== Constitution of Aryez==

Preamble

The people of Aryez, having solemnly resolved to establish and maintain the glory of Aryez, resolve to set forth to establish social, economical, and political justice, liberty of thought, expression, belief, and worship, equality under the eyes of the law and in opportunities, peace within its boundaries, and solidarity among its countrymen, do so by preparing this document, guided by the light of truth, and the supreme force.

General Principles

Article 1: The official name of this country shall be Aryez.

Article 2: Aryez is a continuous state with an ancient, noble, and glorious history, culture, and legacy.

Article 3: Aryez may acquire another nation, but it may never give up its sovereignty, nor may any part of it secede.

Article 4: (1) The central government of Aryez shall consist of several branches including the executive, guardian, legislative, judicial, martial, scientific, economic, and cultural. (2) These branches shall share powers in an appropriate manner.

Rights and Responsibilities of the People

Article 5: (1) The people and government of Aryez believe in the following principle: “All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.” (2) Everyone has the right to life, liberty and security of person.

Article 6: (1) All citizens are guaranteed freedom from discrimination based on sex, race, religion, belief, or sexuality. All people are guaranteed equality before the law and are entitled without any discrimination to equal protection of the law. (2) No ethnic group or religious group will get preference in Aryez for any job or position.

Article 7: (1) No tax shall be levied on the income of any individual or business, on property, on profit, on inheritance, or on polls. (2) No tax shall be enacted that favors or harms certain people over other people.

Article 8: The penalty of death for criminals who have committed serious crimes shall not be forbidden.

Article 9: No one shall be held in slavery or forced servitude within the borders of Aryez except as punishment by due process for a crime; the slave trade is prohibited.

Article 10: Every person shall have the equal right to use and access public services in Aryez.

Article 11: (1) Every citizen shall have the right to participate in the government of Aryez. (2) Every adult citizen shall have the right to vote in free and fair elections upon the successful completion of instruction in politics and government. (3) Every person will have one equal vote. (4) Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits.

Article 12: No government may not interfere or amend a legal private contract between any two individuals or between an organization and an individual.

Article 13: All people in Aryez are guaranteed access to quality education, quality healthcare, clothing, shelter, food, and free water.

Article 14: The government shall not interfere in the monetary freedom of the people except to prevent unlawful and harmful practices.

Article 15: (1) No person shall be prevented from working, from a free choice of employment. (2) Workers shall be entitled to ethical conditions of work and protection against permanent unemployment. (3) Everyone, without any discrimination, has the right to equal pay for equal work. (4) Everyone has the right to rest and leisure, including reasonable limitation of working hours, maternity leave, and holidays.

Article 16: (1) No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. (2) Physical punishment shall not be forbidden as long as no permanent physical damage or extreme pain results from it.

Article 17: No one shall be subjected to arrest, search, detention or exile, without the due process of law, except in emergency circumstances.

Article 18: All people are entitled in full equality to a fair, swift, and public hearing by an independent and impartial tribunal, in any criminal case.

Article 19: Anyone charged with a penal offence has the right to be presumed innocent until proved guilty in a public trial, in which the person is to be guaranteed a defense.

Article 20: No one shall be held guilty of any penal offense on account of any act or omission which did not constitute a penal offense at the time when it was committed; nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offense was committed.

Article 21: (1) No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, or to attacks upon his honor and reputation. (2) Everyone has the right to the protection of the law against such interference or attacks.

Article 22: Everyone has the right to freedom of movement and residence within the borders of Aryez.

Article 23: No soldier shall be quartered in any house without the consent of its owner.

Article 24: No person shall be deprived of the right to self-defense by means of possessing a non-military weapon.

Article 25: Aryez shall never give up its right to wage for its defense, the protection of its interest, or general well-being.

Article 26: (1) Men and women of full age, without any limitation due to race, nationality, or religion, have the right to marry and to found a family. (2) They are entitled to equal rights as to marriage, during marriage and at its dissolution. (3) Marriage shall be entered into only with the free and full consent of the intending spouses.

Article 27: The family is the natural and fundamental group unit of society and is entitled to protection by society and the state, which shall provide support for pregnant women, and babies.

Article 28: (1) Everyone has the right to own property alone as well as in association with others. (2) No one shall be arbitrarily deprived of his property, without due compensation.

Article 29: Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author.

Article 30: Everyone has the right to freedom of thought, conscience and religion; this right includes the freedom to change religion or belief, and freedom, either alone or in community and in public or private, and to manifest religion or belief in teaching, practice, worship and observance. (2) This right also includes intellectual and scientific freedom. (3) The government shall not interfere with the practices or activities of religion nor shall it forbid the expression of religion nor shall it enforce any religious beliefs of lack of religious beliefs on the public.

Article 31: (1) Everyone has the right to freedom of opinion and expression (speech, writing); this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers. (2) Restrictions to the above include the following: explicitly pornographic material in public, statements encouraging violence and rape, public vulgarity in either action or language, statements that threaten social stability, and statements containing extreme hatred.

Article 32: (1) Everyone has the right to freedom of peaceful assembly and association. No one may be compelled to belong to an association. (2) People have the right to form and participate in political parties. (3) People have the right to form collective bargaining units within the limits of the law.

Article 33: Minorities shall have the right to use their own languages and cultures in media and in education.

Article 34: (1) No government shall interfere in the private matters of the people, including sexual matters, the intake of mild intoxicants and alcohol, gambling, abortion, and euthanasia. (2) Excepts to the above involve special communities of consenting individuals that may be so formed by petition for the purpose of living in accordance with certain customs.

Article 35: The government shall have the right to prevent public indecency.

Article 36: The government shall have the right to grant honorary titles to distinguished individuals.

Article 37: The government shall have the right to regulate dangerous materials.

Article 38: Citizens may be called to serve the nation in times of emergency, in the form of service to the armed force or other services. These services shall be terminated when the emergency has subsided.

Article 39: All people shall have the right to petition the government for redresses.

Article 40: (1) The government has the right to suspend whatever rights it sees fit to suspend during a state of emergency in order to protect the country and its interests. (2) All rights shall be immediately restored following the conclusion of a state of emergency.

Administration and Local Governance

Article 41: (1) Aryez shall be constituted into provinces, which shall have certain reserved powers and shared powers with the central government. (2) Provinces shall be further subdivided into districts, which will themselves be subdivided into urban and rural cantons. (3) Several provinces may petition the central government in order to form a region on cultural or geographic grounds within Aryez. (4) Regions shall be granted specific powers by the central government. (5) The central government may create special administrative regions with special laws and regulations for economical or cultural reasons; however these entities will have a status equal to that of the provinces. (6) Any land not constituted into provinces or special administrative regions within Aryez’s borders shall be administered by the central government as a territory until its reorganization as a province or special administrative region. (7) No territory, upon becoming a province or special administrative region, shall revert to being a territory.

Article 42: Provinces are guaranteed a similar form of government as that of the central government.

Article 43: The central government may: form a new province by the separation of territory by an existing province or territory, unite two or more provinces into a single province, unite parts of provinces into a new province, increase or diminish the area of any province, or alter the boundaries of any province.

Article 44: (1) Full faith and credit shall be given in each province or special administrative region to the public acts, records, and judicial proceedings of the other provinces, special administrative regions, and the central government. (2) Citizens of any province or special administrative region are entitled to the same rights and benefits as the citizens of any other province or administrative region except for special communities.

Article 45: The laws of the central government take precedence over local laws.

Article 46: (1) The sole powers of the governments of the provinces and special administrative regions shall include: the ability to manage their internal own affairs, collect local taxes, use appropriated money, manage their own development, the entitlement to expand government services such as roads, schools, and hospitals, the entitlement to national social programs, the right to create self-defense units within their borders, and the right to have provincial oversight of all the previously listed. (2) They shall share the following powers with the central government: transportation, voting, central government taxes, cultural affairs, and local economic policy.

Article 47: The central government shall have all powers not specifically delegated to the provinces and special administrative regions, including but not limited to: education, healthcare, foreign policy, defense, general economic policy, and criminal and civil law codes.

The Emperor

Article 48: The Head of State of Aryez shall be the Emperor, who derives his right to rule from the will of the people and power of God.

Article 49: (1) The Emperor is the symbol of the Aryezi people, their culture, and their legacy. (2) The Emperor will perform duties that reflect his symbol cultural role.

Article 50: The Imperial throne shall be dynastic and succession will proceed in accordance with custom. A new Emperor will, at once assume the Emperor’s powers upon the death or abdication of a previous Emperor.

Article 51: The person of the Emperor, in his capacity as Emperor, is immune from legal action.

Article 52: (1) The Emperor may not participate in or interfere in the government or government functions. (2) A reigning Emperor may not serve in any elected or appointed role in the government. (3) The Emperor may receive ambassadors and dignitaries on behalf of Aryez. (4) The Emperor may grant pardons. (5) The Emperor has the right to manage the creation of nobility.

Citizenship and Census

Article 53: (1) All people born in Aryez are citizens of Aryez. (2) Any child born to at least one parent or grandparent who is an Aryezi citizen is a citizen of Aryez.

Article 54: (1) Any non-citizen may become a citizen after residence in Aryez for one year upon the passing of a citizenship test. (2) No person may be denied citizenship based on any reason except for criminal activities. Article 55: The central government will take a census of all citizens and inhabitants of Aryez every one year.

The President

Article 56: The President shall be the head of government.

Article 57: The President shall not belong to any political party, nor shall he have any other position, elected or appointed, in the government during his Presidency.

Article 58: Any distinguished adult citizen of Aryez may contest to serve or serve as President.

Article 59: (1) The President shall be elected by a three-fifths majority of the Senate. (2) The President may serve only one term of ten years. (3) A President may not be prosecuted for criminal charges while serving in the role of President. (4) The Senate may remove a President from office by a two-thirds majority vote. (5) The Senate, upon electing a President, must submit their choice to a referendum of the people, who must in the majority, confirm the President. (6) Failure to confirm the President will result in the process repeating itself until a President is selected.

Article 60: The President shall have the following powers: to appoint distinguished citizens to the Assembly subject to the majority conformation of the Senate, to remove members of the Assembly subject to a four-fifths majority conformation of the Senate, to dissolve the Senate and call for new elections upon the request of the Premier, to receive dignitaries, and appoint distinguished and qualified citizens not serving in the Assembly or Senate to positions in the judiciary, economic branch, scientific branch, cultural branch, and military subject to the majority conformation of the Assembly and the approval of two-fifths of the Senate.

Article 61: (1) The President may veto legislature. (2) A veto may be overturned by a three-fifth’s majority of the Senate.

Article 62: A President may declare a state of emergency upon the request of three-fourths of the Senate.

The Assembly

Article 63: (1) The Assembly shall serve as a guardian branch of government. (2) The Assembly will not have the power to pass legislation.

Article 64: (1) The Assembly shall consist of distinguished citizens [people who have completed higher education or served Aryez greatly] appointed for life by the President and subjected to a conformation vote of three-fifths by the Senate. (2) The Assembly shall also consist of the High Lords of the Realm, leaders of the provinces and special administrative regions, and Spiritual Lords of the Realm, who shall serve in the Assembly as long as they hold one of the above positions which entitle them to an Assembly seat. (3) No Assembly member may serve or support any political party while in the Assembly. (4) The President may remove a person from the Assembly upon the recommendation of four-fifths of the Senate. (5) The Assembly must confirm appointments to the judiciary, economic branch, scientific branch, cultural branch, and military by a majority vote. (6) Assembly members cannot serve in the Senate or in any other branch of government.

Article 65: The following are powers granted to the Assembly: to declare legislature unconstitutional by a three-fifths majority, to submit a bill to the Senate by a majority, to organize elections, and to remove appointments to the judiciary, economic branch, scientific branch, cultural branch, and military by a three-fifths vote with the support of half the Senate.

The Premier

Article 66: The Premier shall be the head of administration and the effective executive officer.

Article 67: The Premier shall be elected to his position by a majority of the Senate from among one of their own members.

Article 68: The Premier can be recalled by a vote of no confidence by the majority of the Senate.

Article 69: The Premier shall be elected by the Senate immediately after the Senate’s own election.

Article 70: No limit shall be placed on the terms of the Premier’s service.

Article 71: (1) The Premier shall, with the consent of a majority of the Senate, appoint Ministers to the Cabinet. (2) Ministers shall run various ministries that deal with administrative and regulatory functions.

Article 72: The Premier shall have the following powers: to set general policies, to appoint ambassadors with the consent of half the Senate, to negotiate treaties with the consent of half the Senate, to enforce laws, to set general military and foreign policy, to set general domestic policy, and to request the President to dissolve the Senate and thus have elections for that body.

The Senate

Article 73: (1) The Senate is the legislative body of Aryez and is the sole body responsible for passing legislature. (2) The Senate shall be unicameral. (3) Any non-criminal adult citizen may serve in the Senate except for those serving in other branches of the government. (4) Any member of the Senate may become Premier or a minister. (5) Senators do not have criminal immunity except for the Premier as long as he is Premier.

Article 74: (1) Elections must take place no later than five years following a previous election. (2) The Premier may call elections anytime before this five year period has elapsed. (3) All members of the Senate shall be elected at the same time. (4) Senate seats will be allocated as following: half of the Senate shall be elected from single member constituencies to represent their localities in a winner takes all election; there shall be one representative for every half a million people and should such a representative die, resign, or the like, a replacement election will occur; the other half of the Senate, consisting of delegates in equal numbers to those elected from voting districts shall be elected by a national vote to represent the national interests; these members shall be elected through party lists; parties will send forth their lists of candidates and will be represented in proportion to the amount of national vote received with the same proportion in the Senate, provided the proportion is greater than one percent; vacancies for these seats will be filled by party lists. (5) All members of the Senate have the right to propose, debate, and vote on legislature. (6) The Senate shall never completely adjourn for more than three days. (7) The Senate may be dissolved by the Premier’s request to the President, at which point, elections must be held within one month. (8) Senate quorum shall consist of three-fifths of its total members.

Article 75: The Senate shall elect or dismiss the Premier, approve the appointment of ministers, and approve whatever actions or appointments of the President or Assembly that need to be approved.

Article 76: The Senate may put a bill to a national referendum if half its members vote to do so.

Article 77: The Senate may amend the constitution by a three-fourths majority.

Article 78: (1) The Senate shall have the power to declare war with a three-fifths majority. (2) A majority of the Senate may grant the Premier the power to send forces against specific foreign individuals for various crimes. (3) A majority of the Senate can authorize military action for minor conflicts or for the suppression of rebellion.

Article 79: All powers not specifically granted to the provinces or special administrative units, or to the other branches of government, remain in the legislative dominion of the Senate.

Article 80: The Senate may borrow money on the credit of Aryez.

Article 81: (1) The Senate may determine the rules of its proceedings, and punish its members for disorderly behavior. (2) The Senate may submit any bill concerning its own payment to a referendum.

Article 82: (1) The Senate shall have, by a majority, the power to collect and levy taxes. (2) The Senate shall have the economic powers of fiscal policy only. (3) The Senate must approve by a majority trade agreements made by the Economic branch.

Article 83: (1) The Senate shall have the following powers which it may use with a majority vote: to pass legislation, to coin money, to fix the standard of weights and measures, to establish, regulate, and maintain transportation and communications, to promote the sciences and arts, to establish ministries and regulatory bodies, to provide for domestic maintenance and improvement, provide for the maintenance and establishment of military forces, and to do whatever functions constitutionally designated to it. (2) The Senate may not legislate against any specific individual or organization. (3) The Senate has the right to make all laws which shall be necessary and proper for carrying into execution the powers granted to it.

The Judiciary

Article 84: (1) The government has no jurisdiction over civil cases except for their proper enforcement and their compliance with the laws and constitution of Aryez. (2) Civil cases shall be defined as family matters, custody, marriage, civil unions, divorce and alimony, peculiar cultural practices, and various other private cases. However property, economic, and inheritance rights will not fall under this category. Nor shall any person be brought to trial for his beliefs, values, or non-criminal actions. (3) Civil cases will be decided by various organizations with the jurisdiction to decide such cases [all such organizations must be approved by the Senate] in respect to the different wishes and traditions of different people. (4) All other law, including public and criminal law will be in the jurisdiction of the government, which will establish fair and independent courts to try these cases.

Article 85: (1) Local governments may local courts, which in turn are answerable to higher provincial courts established by the provinces and then regional and national courts established by the national government. (2) Appointments to regional and national courts shall come from the President with the approval of half the Assembly and two-fifths of the Senate, including appointments to the Supreme Court. Appointments must be qualified [law, political science background]. (3) Appointments to all courts shall consist of one term of twenty-five years.

Article 86: (1) The higher court in the land is the Supreme Court. (2) The decisions of the Supreme Court are final and are not subject to appeal; these decisions are the final ruling on any criminal and public cases. (3) The Supreme Court has the right to choose which cases it wishes to try. (4) The chief justice shall head the Supreme Court, and shall be known as the Arbiter. He shall be responsible for the general organization and purpose of the Supreme Court. (5) The Supreme Court shall consist of seven justices, including the Arbiter. (6) All rulings of the Supreme Court shall be made by a majority. (7) No ruling shall ever be retroactive.

Article 87: The judicial power shall extend to all cases, in law and equity, arising under this constitution, the laws of Aryez, and treaties made, or which shall be made under their authority; to all cases affecting ambassadors, other public ministers and consuls; to all cases of admiralty and maritime jurisdiction; to controversies to which Aryez shall be a party; to controversies between two or more provinces or regions, between a province and citizens of another province, between citizens of different provinces, between citizens of the same province, claiming lands under grants of different provinces, and between a province, or the citizens thereof, and foreign countries or entities, citizens or subjects.

The Military

Article 88: (1) The armed forces (military) of Aryez shall be responsible for its defense, the conduct of war, and the maintenance of intelligence services. (2) Any adult citizen of Aryez may serve in the military.

Article 89: (1) The military will be commanded by nine High Commanders. (2) The leader of the High Commanders, one of their numbers, shall be the Lord Commander, responsible for the general operations, strategies, and functions of the military. (3) The High Commanders will make all military decisions by a majority vote. (4) The High Commanders are responsibly for the operations of the military in wartime.

Article 90: The High Commanders and Lord Commander shall be appointed by the President with the approval of half the Assembly and two-fifths the Senate for a period of one year, after which they can either be reappointed or not. They must be appointed by among those qualified [military background] for the post.

Article 91: The military is solely responsible for the conduct and operations of war, not its initiation, conclusion, or any negotiation, nor the decision of its objectives.

Article 92: The military may be divided into various units, branches, and operational groupings as needed by its commanders.

Article 93: The military shall be responsible for local militia operations should the need arise.

Article 94: The military shall be responsible for the maintenance of intelligence forces.

Article 95: The military shall be responsible for the rules and discipline within its own ranks.

Science

Article 96: (1) The scientific and technological functions of the government shall be run by a separate branch, headed by a Provost, appointed by the President with the approval of half the Assembly and two fifths the Senate for a period of ten years, after which his term may or may not be renewed. The Provost shall be appointed from among qualified [with a background in science] people. (2) The President will appoint a committee of individuals by the same process to assist and supervise the Provost.

Article 97: (1) This branch of government will have jurisdiction over all scientific and technological rules, regulations, and grants, within the bounds of this constitution. (2) This branch will assist in the propagation of new technologies, inventions, and scientific research. (3) This branch will offer research grants, organize scientists, and encourage and direct scientific research as well as promoting the use of technology and applying new discoveries in a way so as to improve the lives of people and the sphere of human knowledge. (4) This branch shall be responsible for patents. (5) This branch shall be responsible for environmental protection. (6) This branch shall be responsible for agricultural policies. (7) This branch shall be responsible for the collection and storage of all information and knowledge of any value.

The Economy

Article 98: (1) The economy shall be guided by a panel of five qualified people [people with an economic background]. (2) These people shall be appointed by the President with the approval of half the Assembly and two fifths the Senate for a period of twenty years, which may or may not be renewed. (3) The head of the economic functions shall be responsible for the general functions and purposes of the economy, and shall be known as the Master [Master of Coin].

Article 99: (1) The economic branch shall be responsible for monetary policy, commerce, finance, and trade (trade agreements must be approved by the Senate). (2) This branch shall be responsible for a national bank.

The Cultural Branch

Article 100: (1) The cultural branch shall be headed by a Vicar, a person with qualified knowledge of Aryezi culture, who shall be appointed to the position for a period of ten years possibly renewable by the President with the approval of half the Assembly and two fifths the Senate. (2) The President may appoint lesser officials by the same process.

Article 101: Regulation and enabling of media functions are the responsibility of this branch.

Article 102: This branch shall collect and store all valuable information on culture, the arts, and religion.

Article 103: This branch shall promote religious harmony and understanding.

Article 104: (1) This branch will be the final say on matters pertaining to Aryezi culture. (2) This branch shall ensure, protect, promote, and preserve the cultural aspects and traditional heritage of Aryez.

Article 105: (1) This branch shall decorate and award cultural achievement and conduct cultural projects. (2) This branch shall fund and encourage the arts, music, drama, and literature.

Article 106: The branch will regulate and set the standards and conventions for the languages of Aryez.

Miscellaneous Articles

Article 107: (1) The Senate may establish official languages, calendars, weights and measures, symbols, emblems, etc. as it seems fit. (2) The several provinces and special administrative regions may likewise establish such things.

Article 108: (1) The sole official national language of Aryez is Modern Aryezi (known as Aryezi). (2) Classical Aryezi (known as Aryeza) shall have national but non official and non functional status. (3) Regional languages may be co official in regions where they are spoken.

Article 109: (1) The official symbol of Aryez shall be the traditional silver eight pointed star. (2) The official flag of Aryez shall consist of nine vertical stripes of the colors (from left to right) dark green, dark blue, orange, dark red, white (with the star of Aryez in the center of this stripe), yellow, black, violet, and gold.

Article 110: The official anthem shall be “The Song of Aryez.”

Article 111: The official system of measurement shall be the International System (SI).

Article 112: The official calendars of Aryez shall be the International Standard Calendar and the Aryezi Calendar.

Article 113: The eternal capital of Aryez shall be the City of Aryez (Aryezadel).

Article 114: The national ethical-religious-philosophical system of Aryez shall be Arya.

Resolution

Swearing the oath of the Aryezi people, it is reiterated that:

We shall oppose liars, traitors, breakers of the peace, hypocrites, and those who would lord over what is not their own. We love freedom and knowledge and rejoice in the general goodwill while we spurn tyranny and evil ways. We do not fear, nor do we give ourselves to anger or malice or grudges or hate. We believe in peace, but we will fight forever to defend justice and the truth. Be it so ordained by God, and enacted by the Emperor, this Constitution is the law of Aryez from the date 8/21/2007 (9995:5:10).

Amendments

I. (1) The Office of the President shall be abolished. (2) All provisions relating to the powers of the President shall be appropriated to the Emperor. (3) All of the powers of the President shall be restored to the Emperor.