|The Mercurian Empire
|The Indoles Carta
|Page 1 of 1|
|Author:||Wysterian Labourer's Council [ August 14th, 2016, 3:08 am ]|
|Post subject:||The Indoles Carta|
The Indoles Carta
I. Constitutional Empire
The Mercurian Empire is officially and without abrogation the sole representative of divinity, having inherited that from Ancient Rite and upheld through Organic Law. This has been formulated and actualized in the form of a glorious Constitutional Empire, by the grace of our Emperor. Hereafter, we recognize the Constitutional Rights, Duties and Divisions of Powers:
II. Elections and Titles
Election of the Emperor/Empress
Only Crowned Kings and Queens, sitting members of the Council of the Crowned, may fill the elected position of Emperor of the Mercurian Empire. Upon the death or abdication of the current Emperor, an Empire-wide election for the position must be held no later than one (1) week after the Emperor’s formal leave of office.
In the period immediately prior to the election, active sitting members of the Council of the Crowned may declare themselves in the Offices of the Emperor to be standing for election to the position of Emperor.
Beginning the scheduled date of the election, a formal announcement delivered in the Offices of the Emperor by a member of the Council of the Crowned shall signal the start of voting. A one-week period of voting shall take place, open to all nobles (Counts, Dukes, and Kings/Queens) of the Empire, for the election of the Emperor. Each noble is entitled to a single vote of equal value. Exactly one week after the announcement signaling the start of voting, voting shall be closed and all votes shall be tallied. The candidate with the greatest total number of votes shall be recognized as the next Emperor, to serve until death or voluntary abdication. In a case where the two leading candidates receive an equal number of votes, a second run-off election shall immediately be held upon the conclusion of all votes being tallied, subject to the same procedures as the initial election, between the two leading candidates, repeating if necessary until a candidate emerges with a greater total number of votes to be designated the next Emperor.
Recognition of a new King/Queen
Only sitting members of The Council of the Crowned can recognize Kings and Queens as official peers in the Council. A Kingdom remains divine and eternal once recognized, although inactive crowns may be forced to leave their seat in the Council vacant until their activity returns. A successful ascension to Kingdom must satisfy the following requirements:
a) Having established in their realm 2 duchies, comprised of 6 counties, as determined in unison by the Council of the Crowned.
b) Having established safe, secure, and extensive infrastructure as is serviceable for the prospective Kingdom, and as creates a safe and secure connection with the Empire via the Nether, as determined in unison by the Council of the Crowned.
c) Having proven themselves to represent the virtues of Hermertia and an outstanding member of Hermertia in the form of commitment, established personal lore, participation in Imperial lore and events, communal activity and relations, etc, as detailed in "Guidelines for Community Participation in Ascension to King/Queen", as determined in unison by the Council of the Crowned.
d) Having obtained a unanimous (100%) vote of assent from the Council of the Crowned.
Recognition of a new Duke
A Duke may be recognized as a sitting peer in the House of Dukes under two circumstances:
a) If they are residing inside the borders of a realm recognized under the Council of the Crowned and under a liege, they must receive recognition and formal approval from their liege, a sitting member of the Council of the Crowned, for ascension.
b) If they are established in land unclaimed by any realm currently recognized under the Council of the Crowned, they must have established within their claimed lands a Duchy composed of three (3) counties. They may be recognized as a sitting peer in the House of Dukes (with their Duchy being recognized as sovereign) upon receiving an official vote of support from either 60% of active sitting members of the Council of the Crowned or 60% - 1 of active sitting members of the Council of the Crowned concurrent with a majority (>50%) of active sitting members of the House of Dukes. Upon ascension the Council of the Crowned is established as their official liege.
Recognition of a new Count
Vassals residing inside the borders of a realm recognized under the Council of the Crowned and under a liege may be recognized as Count upon receiving recognition and formal approval from their liege for ascension.
Recognition of a newcomer as a vassal – welcoming applicants to Hermertia
Only sitting members of The Council of the Crowned and sitting members of the House of Dukes can officially welcome newcomers (applicants) to Hermertia. An applicant to Hermertia is welcomed and awarded the full status, including full rights established herein, of a vassal of Hermertia, upon receiving an official vote of support from either 60% of active sitting members of the Council of the Crowned or 60% -1 of active sitting members of the Council of the Crowned concurrent with a simple majority of active sitting members of the House of Dukes.
III. Divisions of Powers
The Council of the Crowned, Tabling and Ratifying Law
Only the Council of the Crowned can pass international laws. Any sitting member of The Council of the Crowned can present any law to the Council of the Crowned for debate and ratification, which shall be ratified with a clear majority vote (60%) from active sitting members of the Council of the Crowned. Bills passed with a majority (>50%) from the House of Dukes must be introduced to the Council of the Crowned, whereupon a vote from all active Council members on the presented bill is required and shall be ratified with a simple majority (60% - 1) from active sitting members of the Council of the Crowned.
If the Council of the Crowned aims to alter, add to, or amend the constitution, which includes the sections outlined herein, as well as the Carta of Rights and Freedoms, it must receive support from both a clear majority (60%) of active sitting members of the Council of the Crowned and a simple majority (> 50%) from active sitting members of the House of Dukes. This does not extend to criminal, international, diplomatic or any other laws passed outside the scope of this constitution.
The House of Dukes, Tabling and Vetoing Law
The House of Dukes cannot pass international law, nor can they pass law that is mandatory across other realms. The House of Dukes can pass bills with a simple majority (>50%) that must be presented to the Council of the Crowned and must be debated and voted upon if they are. The House of Dukes can veto any and every law passed by the Council of the Crowned that was not presented by the House of Dukes, provided they receive the support of 66% of active sitting members of the House of Dukes in favor of a motion to veto.
If a veto is successful, the proposed bill can be resubmitted to Parliament. If resubmitted, one of the following parameters may apply:
(a) If the original contents of the proposal remain unaltered, it must receive the support of 60% of active sitting members of the Council of the Crowned for ratification. If the proposal remains unaltered it cannot be vetoed again.
(b) If the contents of the proposal are altered or amended in any way it must receive support from (as per standard legislative requirements):
i. 60% of active sitting members of the Council of the Crowned, or
ii. 60% - 1 of active sitting members of the Council of the Crowned concurrent with >50% of active sitting member of the House of Dukes.
A proposal containing altered or amended contents may again be liable for veto by the House of Dukes as per the above processes.
Laws and Rights Exclusive to the Highest Authority in a Given Land
The highest legal authority in a given land shall be explicitly and legally permitted to pass laws domestic in scope related to matters including but not limited to domestic transportation and infrastructure, major military holdings, major ports, and diplomatic offices. Vassals residing under an established realm may legally be asked to make room for strategic holdings if needed, provided said plans do not require unnecessary, unwarranted and grossly unfair destruction of vassal property.
Laws and rights exclusive to legal holder of a particular noble title, regardless of which title
Only sitting members of The Council of the Crowned, sitting members of the House of Dukes, and Counts as recognized by their liege are considered noble title holders. Every noble title holder is entitled to sovereign right to autonomous buildings. The ensures that a liege cannot forcibly alter or destroy a vassal holding without due process and the vassal’s consent (excepting the rights of the highest legal authority in a land contained herein). In the case of a breach of these rights, a judge and/or jury decides the definition of due process on a case-by-case basis. The destruction of any sovereign lands gives the victim the immediate rights to take the case before the Imperial Court on grounds of contravention of the rights of sovereign land. Due process includes cases such as, but not limited to, when the holdings are linked to excessive crimes that their liege has caught their vassal committing, a new King comes to power and receives the mandate from his people and vassals to undergo significant Kingdom-wide reforms, if the holdings are impeding absolutely necessary infrastructural projects, or if there is an exchange of land or borders in the case of treaties of war or international diplomacy that cut across specific holdings.
Plea for Review and Dismissal of Charges Prior to Trial
After legal criminal or civil charges have been filed in the Judicial Court of the Mercurian Empire against a specific party or parties, the party or parties against whom the charges are being filed reserve the right to request an impartial review of the charges to determine their validity and if reasonable grounds exist for a trial. If any or all of the party or parties against whom the charges are being filed requests this, the sitting Minister for Justice must undertake a review of the charges laid with the intent to determine if the evidence presented provides reasonable grounds for a trial. In order to determine reasonable grounds for a trial, the review must determine that evidence provided by the claimant demonstrates both
a) that the specific crimes as detailed in the claimant's charges were committed in a manner consistent with the charges laid, and
b) that there exists reasonable suspicion that the specific party or parties accused committed a breach of the Imperial criminal and/or civil code in a manner consistent with the charges laid against them.
If upon completion of the review it is determined that both these requirements are met, reasonable grounds for trial exist; the trial may be scheduled at the discretion of the involved parties. If upon the completion of the review it is determined that both these requirements have not been met, reasonable grounds for trial do not exist; the charges filed shall be voided and not pursued by the Imperial Court. Any charges previously voided whose nature has changed due to the availability of new evidence may be reintroduced to the Judicial Court at any time, where they shall undergo a new review following the aforementioned process by the Minister for Justice.
If the sitting Minister for Justice is inactive, is the claimant, is the party or is among the parties accused, was party to the charges laid, or is otherwise unwilling or unable to conduct the review, any active sitting member of the Council of the Crowned may volunteer to conduct the review.
Eligibility for Jury
Only noble titleholders - sitting members of The Council of the Crowned, sitting members of the House of Dukes, and Counts - are eligible to be members of the Jury. Should there be no jury, the judge will be the sole deliberator.
Appointing the Judge and Attorneys
The Judge of an Imperial Trial is tasked with the facilitation of the trial as per the process outlined in this section; they must oversee an equal and fair trial which affords all parties time to make their arguments, though they reserve the right to cut statements that become overly burdensome or irrelevant to the trial. The sitting Minister for Justice of the Imperial Cabinet shall be designated as the preferred judge for any Imperial Court Case. If the sitting Minister for Justice is inactive, is acting as the prosecution, is acting as the defense, is being called as a witness during the course of the trial, is otherwise implicated in the charges laid, or is otherwise unwilling or unable to act as judge, any sitting member of the Council of the Crowned may volunteer to act as judge. Should there be no available judge, the case will be adjourned until a judge can be found. When returning a verdict and/or delivering a sentence, the Judge commits to representing the case fairly and in the interests of the Empire and its founding ideals under the traditions of organic law and the respect for the will of the peoples of the Empire. The word of the peoples of the Empire must be represented by the Judge.
In a criminal or civil case filed by a specific party or parties, that party or parties shall form the prosecution. In a criminal or civil case filed on behalf of the community and the Empire as a whole, any active sitting member of the Council of the Crowned, sitting member of the House of Dukes, or Count can volunteer to be the crown prosecutor, with the responsibility of representing the case brought against the defense. The defendant(s) may represent him/themselves or alternatively may request a representative whose role may be assumed by any active sitting member of the Council of the Crowned, sitting member of the House of Dukes, or Count who volunteers.
Upon notification to the Judicial Court of either a trial or charges being presented against an individual, all evidence shall be presented to the Judicial Court upon its discovery. Upon delivery of evidence, the Mercurian Empire becomes the steward of the items, both physical and otherwise, presented as evidence in a Criminal trial. The Mercurian Empire retains the rights to the evidence in the case of a guilty verdict. In the case of a not guilty verdict, the evidence is returned to the defendant upon completion of the trial.
Deliberation and Adjudication of Trials
The individuals party to a criminal or civil trial may include: the Judge, the Defense, the Prosecution, any Witnesses being called for testimony, members of the Jury, and members of the public acting as Spectators.
In order to maintain order and to ensure a fair and impartial trial, the order of events during a criminal or civil trial shall be as follows:
1. The Judge calls the trial into session, identifying the defendant and the prosecution as well as the sitting members of the Jury if applicable.
2. Judge asks the defense and prosecution to affirm that they shall tell the whole truth and nothing but the truth.
3. Judge requests the prosecution present the charges. Judge requests the defense submit a plea. If the defense submits a guilty plea to all charges, Judge moves directly to sentencing. If not, the trial continues.
4. Judge requests Prosecution provide their arguments and evidence in support of the charges laid. Prosecution may call witnesses to be questioned one at a time. Upon taking the witness stand, Judge asks each Witness to affirm that they shall tell the whole truth and nothing but the truth.
5. Judge requests Defense provide their arguments and evidence in support of the defense. Defense may call witnesses to be questioned one at a time. Judge asks each new Witness called to affirm that they shall tell the whole truth and nothing but the truth.
6. Prosecution submits their closing statement. Defense submits their closing statement.
7. Judge request the Jury deliver the verdict. If no Jury exists, the Judge shall return the verdict as the sole deliberator.
8. Judge delivers the sentence if applicable. Judge concludes the trial.
Appealing a Sentence
Those convicted of crimes against the Mercurian Empire are entitled to the right to appeal the sentence handed down to them during a judicial trial. The individual making the appeal may submit their appeal to the Judicial Court after one mercannum (one month) has passed from the delivery of a sentence. Upon delivery of their appeal, the Council of the Crowned and the House of Dukes may consider the appeal with a vote to overturn the sentence. For this appeal to succeed, a large majority (75%) of active sitting members of the Council of the Crowned and a large majority (75%) of active sitting members of the House of Dukes must record a vote in favor of the appeal.
Option for Third-Party Mediation
If after legal criminal or civil charges have been filed in the Judicial Court of the Mercurian Empire against a specific party or parties
a) all parties agree that they do not wish to pursue the charges in an Imperial trial, yet
b) all parties still desire an impartial third-party ruling,
the parties reserve the right to request third-party mediation to attempt to resolve the conflict.
The sitting Minister for Justice shall be designated as the preferred Mediator. If the sitting Minister for Justice is inactive, is acting as the claimant, is or is among the parties against whom charges are being laid, is otherwise implicated in the charges laid, or is otherwise unwilling or unable to act as Mediator, any sitting member of the Council of the Crowned may volunteer to act as Mediator. Should there be no Mediator available, mediation shall be postponed until a Mediator can be found.
Upon requesting Mediation, all parties shall agree to participate actively in the mediation process and to follow the advice returned by the Mediator to resolve the conflict, though this advice is not legally binding in any form. All parties and the designated Mediator shall meet, and discuss the nature of the charges laid in an attempt to come to a resolution without taking the case to trial. If at the conclusion of mediation all parties agree to follow the advice of the Mediator, the claimant may agree to dismiss the charges. Contracts may be drafted and may be legally recognized by the Imperial Court as per the principles of Contractual Law (Section V) to assist in enforcing the advice of the Mediator if deemed appropriate.
If at the conclusion of mediation all parties are unable to come to an agreement, the claimant reserves the right to continue to press charges and to enter into trial.
V. Contractual Law
Contracts, Treaties, and Multilateral Agreements between realms recognized under the Council of the Crowned shall be legally recognized by the Imperial Court if the contract in question is fully and publicly declared and detailed in the Imperial Court beforehand. Legal contracts may be enforced by the Imperial Court in a manner determined by way of a civil case if any party subject to the contract in question provides evidence of impropriety by any other included party.
This part of the Indoles Carta may be cited simply as the Indoles Carta.
The Indoles Carta of Rights, Freedoms, and Duties
1. Spirit of Hermertia and the Mercurian Empire
The Indoles Carta of Rights, Freedoms and Duties guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in accordance with our goals as a Constitutional Empire and in accordance with our Ancient Rite and Organic Law, the recognition of peace, order, good governance and project as unalienable principles and as being at the very fundamental core to the spirit of the Mercurian Empire and the people of Hermertia. It is the duty of all Hermertians to acknowledge and protect the rights identified herein:
2. Fundamental Rights, Freedoms and Duties
Everyone has the following fundamental freedoms:
a) freedom of conscience and religion;
b) freedom of thought, belief, opinion, and expression, including freedom of the press and other media communication;
c) freedom of peaceful assembly; and
d) freedom of association.
3. Mobility Rights
Every citizen of Hermertia, regardless of their rank or allegiance, has the right to enter, travel through, and leave any region or realm of Hermertia at any time. These mobility laws may be superseded by national/domestic law only in times of formally declared and legal war, where the highest legal authority of a given territory - recognized as sovereign under the Council of the Crowned - at war may temporarily revoke the mobility rights of Hermertian citizens inside specific regions under their authority. This temporary revocation of mobility laws shall only be internationally and legally recognized if a public declaration is made in the Judicial Court to this effect by the highest legal authority of the territory in question, explicitly stating the area affected and the duration of the revocation.
4. Legal Rights
All citizens of the Mercurian Empire enjoy:
* The right to life, liberty, and the security of the person, and the right not to be deprived thereof except in accordance within the principles of fundamental justice.
* The right not to be subject to unreasonable search or seizure and not to be arbitrarily detained or imprisoned, except in those cases outlined in Section IV of the Indoles Carta.
* The right to not be compelled in any criminal case to be a witness against himself/herself.
* The right, upon arrest, to be informed of the charge without unreasonable delay, and to be tried within a reasonable time.
* The right to be presumed innocent until proven guilty according to law, both international and domestic, in fair and public hearing by an independent and impartial tribunal.
* The right to be free from pressure to give false testimony.
* The right to not be tried or punished for the same crime, if finally acquitted or found guilty of the offense.
* The right to a new trial in the case that a mistrial can be confirmed due to emerging evidence that was absent during the initial adjudication.
* The right to a new trial if the judicial process was not followed in the original trial.
* The right to not be charged with criminal or civil offences that were not listed in the Mercurian Criminal or Civil Codes at the time at which the action(s) were committed.
5. Trial and Punishment
Everyone has the right not to be subjected to any cruel and unusual treatment or punishment.
6. Equality Rights, Before and Under the Law
Accepting the limitations subject within the Indoles Carta, every individual, regardless of rank, is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on religion, creed, race, national or ethnic origin, colour, sex, age or mental or physical disability. As a right equal before the law, this right comes before the right to freedom of expression. That is, freedom of expression is not a justifiable defense for the infringement or alienation of ones right to equality from objective discrimination, subject to the interpretations of the Judge on a case-by-case basis.
7. Communication with Public Officials
Any member of the public in Hermertia has the right to communicate with, and to receive available services from, any head or central office of an institution of the government of Mercurian Empire, including both legislative houses.
Anyone whose rights or freedoms, as guaranteed by this Carta, have been infringed or denied may apply to a court of competent jurisdiction to obtain such remedy as the court considers appropriate and just in the circumstances.
9. Mercurian Commoners
The guarantee in this Carta of certain rights and freedoms shall not be construed so as to abrogate or derogate from any aboriginal treaty or other rights or freedoms that pertain to the aboriginal peoples of Old Hermertia (known as Mercurians or Testificates) or the aboriginal peoples of New Hermertia (known as New Hermertians or Testificates).
10. Other rights and freedoms not affected by Carta
The guarantee in this Carta of certain rights and freedoms shall not be construed as denying the existence of any other rights or freedoms that exist in Hermertia.
11. Multicultural heritage
This Carta shall be interpreted in a manner consistent with the preservation and enhancement of the multicultural heritage of Hermertians.
This Part of the Indoles Carta may be cited as the Indoles Carta of Rights, Freedoms and Duties.
This concludes the two sections of the Indoles Carta, the Constitution of the Mercurian Empire.
|Author:||Wysterian Labourer's Council [ November 30th, 2016, 12:32 pm ]|
|Post subject:||Re: The Indoles Carta|
Categorized by the Imperial Parliament 531 AI.
|Author:||Cerdic Accynnafon [ January 30th, 2017, 7:22 am ]|
|Post subject:||Re: The Indoles Carta|
Revised by the Imperial Parliament 543 AI.
|Author:||Cerdic Accynnafon [ February 7th, 2017, 7:37 am ]|
|Post subject:||Re: The Indoles Carta|
Revised by the Imperial Parliament 545 AI.
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