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PostPosted: July 12th, 2016, 9:09 am 
King

Joined: February 24th, 2016, 8:29 pm
Posts: 563
Proposed constitutional draft, which combines older wording where it has not been refuted by modern law, includes all new cases of modern law, and reflects modern law where it interferes with older law. The unnecessarily historic preamble was removed as well, since it served little modern purpose. Regent powers have been removed as well (which was a judicial role in the past, and automatic regency where there is no emperor, which has been softened).

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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

Only de jure (official) Crowned Kings, recognized as sitting members of The Council of the Crowned, can elect the Emperor. The Emperor is elected by a clear majority (50% plus 1). A failure to elect a majority will result in the office being temporarily held by a Committee appointed by the Council of the Crown, traditionally but not necessarily headed by the Regent of the Empire, King of Greater Minerva. This Regency Committee will have its sole duty the establishment of ongoing elections until a clear majority is found. The Emperor remains in power until his or her death.

Recognition of a new King

Only de jure (official) Crowned Kings, recognized as sitting members of The Council of the Crowned, can recognize Kings as official peers in their Council. A King is elected by a consensus of votes by the Council (100%). 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 Kingdom must also satisfy the following requirements:

a) Having established in their realm two Duchies, comprised of six counties, as determined by a consensus of 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 by a consensus of 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, as determined by a consensus of the Council of the Crown.

Recognition of a new Duke

A Duke can be recognized under two circumstances. First, if they are settling in uncharted land: Only de jure (official) Crowned Kings, recognized as sitting members of The Council of the Crowned, can recognize other Dukes as official. A Duke and their Duchy is recognized if they receive official endorsement from a clear majority (60%) from the Council of the Crowned. Doing so makes the Council of the Crowned their official liege. Second, if they are looking to be recognized as Dukes under an existing official Kingdom, then they need a public and official recognition and endorsement from their liege.

Recognition of a new Count

A County can be recognized under two circumstances. First, if they are settling in uncharted land: Only de jure (official) Crowned Kings, recognized as sitting members of The Council of the Crowned, can recognize Counts as official. A Count and their County is recognized if they receive official endorsement from a clear majority (60%) from the Council of the Crowned. Doing so makes the Council of the Crowned their official liege. Second, if they are looking to be recognized as Counts under an existing official Kingdom or Duchy, then they simply need a public and official recognition and endorsement from their liege.

Recognition of a newcomer as a non-noble vassal

Only de jure (official) Crowned Kings, recognized as sitting members of The Council of the Crowned, and de jure (official) Dukes, recognized as sitting members of the House of Dukes, can official welcome new non-noble vassal to Hermertia. A non-noble vassal is welcome and awarded full status as such, including full rights established herein, after receiving (60%) from the Council of the Crowned, OR, receive 50% of the votes from the Council of the Crowned as well as at the same time a bill is passed by the House of the Dukes endorsing the non-noble vassal.

III. Divisions of Powers

The Council of the Crowned, Tabling and Ratifying Law

Only the Council of the Crowned can pass international laws. Any de jure (official) Crowned Kings, recognized as sitting members of The Council of the Crowned, can present any law to the Council of the Crowned for debate and ratification. Bills passed by the House of Dukes can be introduced to the Council of the Crowned, and if they do a vote from all active Council members is mandatory. A law is passed if the Council members, de jure (official) Kings, vote with a simple majority (50%+1). Bills not passed by the House of Dukes can be passed If the Council members, de jure (official) Kings, vote with a clear majority (60%).

Constitutional Amendment

If the Council aims to amend the constitution, which includes the sections outlined herein, as well as the Carta of Rights and Freedoms, it needs to receive support from Council members, de jure (official) Kings, with clear majority (66%), as well as a simple majority (50%+1) from members of the House of Dukes, de jure (official) 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 duchies. The House of Dukes can pass bills that can be presented to the Council of the Crowned, must mandatorily be voted on and debated 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 66% votes of the total number of voting seats in the House of Dukes before the legislation has been passed, or no more than three years after it has been passed.

If a veto is successful, the proposed amendment or addition to legislation can be resubmitted to Parliament. If it is resubmitted, one of the following parameters apply:

(a) If the original contents of the proposal remain unaltered, it must receive 60% + 1 votes from the Council of the Crowned before it is approved and incorporated into legislation. If the proposal remains unaltered it cannot be vetoed again, or

(b) If the proposals content or intent is amended it can be vetoed again by the House of Dukes and must receive:

i. 60% or more votes from the Council of the Crowned, or

ii. 50% of votes from the Council of the Crowned in conjunction
with the passing of a Bill by the House of Dukes.

Laws and rights exclusive to Kings, or the Highest Authority in a given land

De jure (official) Crowned Kings, recognized as sitting members of The Council of the Crowned, or the highest legal authority in a given land, are explicitly and legally permitted to pass laws related to domestic transportation infrastructure, major military holdings, major ports, and diplomatic offices, meaning they could legally ask a vassal to make room for strategic holdings of infrastructure 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 de jure (official) Crowned Kings, recognized as sitting members of The Council of the Crowned, de jure (official) Dukes, recognized as sitting members of the House of Dukes, and de jure Counts as recognized by their liege are considered noble title holders. Every noble title holder is entitled to sovereign right to autonomous buildings, which means a liege cannot take away or destroy a vassal holding without due process. In the case of breaches in 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 taking the case before a Imperial Criminal Court. If either party are unsatisfied with the determinations in the Imperial Criminal Court, either can appeal the case before the Council of the Crowned. 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.

IV. Judicial

Eligibility for Jury

Only noble title holders are eligible to be members of the Jury. That means, only de jure (official) Crowned Kings, recognized as sitting members of The Council of the Crowned, de jure (official) Dukes, recognized as sitting members of the House of Dukes, and de jure Counts as recognized by their liege. During any Imperial Criminal Court proceedings, any active holder can opt to sit in as a jury member and cannot be denied this role if they request it. Should there be no jury, the judge will be the sole deliberator.

Appointing the Judge and Attorneys

Any active Council of the Crowned member, de jure (official) King, can volunteer to be a judge. Should there be no volunteers, the case will need to be adjourned until another time. Any active Council of the Crowned member, de jure (official) King, or active House of Dukes member, de jure (official) Duke, can volunteer to be the crown prosecutor, whose responsibility is to represent criminal cases brought against defendants. Anyone with a noble title can volunteer to represent the defendant should the defendant agree, or the defendant can represent themselves.

Deliberation and Adjudication

Cases are brought before the International Criminal Court, and the main participants gather before the case begins. The Judge will mediate affairs, and are entitled to unique styles and approaches, but all cases must give the jury, the defendant, the crown prosecutor, and judge fair and reasonable room for discussion, but the judge has the right to cut statements short if they become burdensome to the trial. If a jury is present, they are entitled to have the second-last word. The defendant is entitled to the third-last word should there be a jury, or second-last word if not. The Judge is entitled to the final word and sentence, but agree in mind, body and spirit to fully uphold their commitment to representing the case fairly and in the interest of the Empire, and our founding ideals. The word of the common-folk must be represented by the Judge, be it through the jury or not.

V. Contractual Law

There is no international status, recognition or legal protection of contractual law. This is left to bilateral treaties or national/county law.

VI. Citation

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, remain and leave any region or realm of Hermertia. Additionally, every citizen of Hermertia has the right to move to and take up residence in any region provided they accept the legal owner of said territory as the highest authority in that land, and assuming the rights of the owner as outlined in Section III of the Indoles Carta are respected. This right does not afford the citizen the right to assuming or converting their property into legal noble holdings with international recognition, as the processes outlined in Section II of the Indoles Carta cannot be circumvented. Additionally, the mobility rights above subject to any national laws (passed by the highest authority) of general application in force and effect in a region other than those that discriminate among persons, and are subject to any laws providing for reasonable residency requirements as qualification for the receipt of protection or liege-funded social services.

4. Legal Rights

Everyone has the right to life, liberty, and the security of the person, and the right not to be deprived thereof except in accordance within principles of fundamental justice. Everyone has 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. Everyone has the right, upon arrest, to be informed of the charge without unreasonable delay, to be tried within a reasonable time, and is 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. If finally acquitted or found guilty of the offense, a person is not to be tried or punished for it again, except in the case that a mistrial can be confirmed due to emerging evidence that was absent during the initial adjudication.

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.

8. Enforcement

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.

12. Citation

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.


Act of Definitions: Noble Titles and Legal Holdings

Citizens of the planet of Hermertia are all Mercurian

By Imperial Decree, the Pax Mercuria Commandment, all are in some ways and some scales representatives of the covenants of divinity, meaning all lands discovered throughout Hermertia were always, are always, and will always be the legitimate sovereign territory of the Empire before anything else. All lands discovered are philosophically granted entry into the Empire, although by practical necessity, such as immigration rules, protecting society from vagrants, and to prevent over-stretching Imperial resources, the application of this universality is subject to gradualism.

Counts

Holders and protectors of local plots of land, equivalent to regional municipalities or counties, are known as Counts. Counts are important nobles that historically convey an approximate rank intermediate between the highest titles of nobility and the lowest titles of nobility. The rank evolved from the formalization of high ranking courtiers and provincial officials during the Cycles of the Snake and Owl, but was constitutionalized during the founding of the New Hermertian colonies to help better decentralize governance. It is the duty of counts to be the protectors of local municipalities, coming with unique rights and privileges such as being able to form vassalage relationships with serfs to form growing municipalities. Counties can include smaller holdings like baronies (castles), temples, councillorships, cities and towns, and while extremely important, none of these titles are considered noble. Successful counts can control multiple counties but musts choose a primary title when they do, and can sometimes become lords of many independent barons, bishops, councilors and mayors over the course of their evolution. Counts can be independent micro-nations (with the Council of the Crowned as their liege), or Counts can serve under a Duke or King. Counts serve the respected and admirable role of helping serfs find their first homes and educating serfs about how they can become counts of their own one day. Equivalent or localized versions of the name include but are not limited to, Earldom, Shire, Graf, Xian, Comte, Megye, Shahrestan, Fylke, or Fief.

Dukes

Holders and protectors of vast lands, combined out of many counties, are amongst the most important rulers in Hermertia. Also known as nations or states, Duchies evolved from ancient Mercurian practice of settling new lands by empowering trusted leaders and peoples. Governors of realms in the Cycle of the Owl for example served the same purpose. Counties and holdings are brought together under a single flag and national identity to form large Duchies as a way to help strategically coordinate macro-governance necessary for spread apart peoples to thrive. Dukes are glorious and respected nobles in the Mercurian Empire for the embody the spirit of Hermetia, that is, the promotion of vision, culture, glory, project and community. Duchies are usually built out of 3 to 10 Counties. Dukes can control multiple Duchies (sometimes becoming known as a Grand Duchy), but they must choose a primary title when they do. Dukes can either be independent (with the Council of the Crowned as their liege), or Dukes can serve under a King.

Kings

Kings are divine rulers recognized by the Emperor, the legitimizer and objectivity of the Empire’s will of force and wisdom of truth. Historically, the first Kings were recognized as divines within the greater divine, an act to actualize the subjectivity of objectivity. Because the Emperor is a symbol of pure objectivity, s/he is unable to represent the will of truth in actuality or in practice. This has therefore been the delegated purpose, duty, and honor of the divinity of the Kings. Kingdoms are divine and eternal, although to uphold the principle of subjective application of objectivity, the nature, rules of ascension, laws and more are subject to the spirit of the wills and characters therein. The Kings are the most holy and absolute authorities in practice. Only the Emperor, derived from the Ancient Rite, can recognize Kings, and any King not recognized by the Emperor or Empire is not legally a Kingdom. Kings are the most trusted to uphold the traditions, spirit, and values of history, philosophy and truth.

Regent

The Regent is the steward, secretary, and intermediary between the Emperor and the Empire. The Regent is therefore unable to ever be recognized as Emperor, and will always be sworn to servitude to said Emperor. The duties of the Regent include the facilitation of elections, or the conservation of the Empire status, even in the absence of the Emperor. It is the sole spirit and nature of the Regent to balance conservativism and progressivism, by balancing the voice and traditions of the Emperor and the aspirations of Mercurian subjects. The Regent is therefore bound by the laws of divinity, and is not free to rule entirely as s/he wishes, except in his/her duties as King or any other official office title. By Imperial Decree, the Pax Mercuria Commandment, the Regent is also High-Lord representative of the divine wisdom and courageous will of Mystical Reflectivism, a state-endorsed (but not mandated) religion.

Emperor

Truth, objectivity, philosophy, honor, grounding, and meaning are all derived from the Ancient Rite. From the Ibrahimic Empire, to the Empire of Man, these secrets have been passed down by a sole representative since the beginning of time. The Emperor is the Mercurian Empire’s connection to past truths, philosophies, and meaning, for the Emperor is timeless. As such, the Emperor is a representation of objectivity, and not subjectivity. The application of truth is left to the divine authority of the Kings and the powers delegated below to other noble titles. The role of the Emperor is not to interfere with subjective applications of truth, but rather, to be a messenger and symbol of objective and timeless truth. While the Emperor’s word is final, the Emperor, under that authority, will never apply subjective prescriptions, rulings, or changes unless they represent the cosmos and timelessness of truth itself, and therefore, such rulings will be as rare as acts of cosmic awe.

The Act on Kingdom Activity and Status
Active Kings


A king is considered active and retains their vote on the council of the crowned if he/she

a) Is active in the identifiable lands of the Empire and

b) Participates in important (Diplomatic Court Topics) discussions in the commons

Inactive Kings

A king who is inactive can pass their vote to a duke who is a vassal of that same king. If the realm only has one duke, it automatically passes to that duke, if there are multiple the king must designate which one it passes to, and if the kingdom has no dukes, it is not counted in determining how many king votes are needed for things to pass the approval of the council. Counts and serfs cannot be proxy voters for a king.

Voluntary Inactivity - A king may become voluntarily inactive by stating so in the commons. A king may become active again at any time by simply stating so as well.

Involuntary Inactivity - A king may become involuntarily inactive as well. A king may resume activity immediately upon stating they are active again and participating in the discussions again. The conditions for being declared Involuntarily inactive are;

a) Not posting anything for a period of three years

b) Ignoring discussions that require king input in the Diplomatic Court for four years

Abdication

A king who elects to leave the community either permanently or semi-permanently may choose to abdicate.

A abdicated kingdom passes to control of the duke who would normally assume control, but as a Warden (powers of warden detailed in section A), though it does not have a vote on the council of the crowned anymore, for all intents and purposes it is a duchy. If the kingdom has no duke the council may declare the kingdom;

a)Under a new liege - The council may place an independent duke, or a duke who wishes to become independent as the Warden of a Abdicated Kingdom. A duke who wishes to become a Warden must surrender all claims to previous land either under the council or under a liege-lord. A Warden may have serfs/counts under them in their new Ward, and may place them in any land within excepting the lands previously developed, which may only be altered if the abdicated king clearly states that it is permissible for the Warden to do so. Otherwise all previous constructions/ settlements/ counties/ duchies are to be considered Historical Sites and to be left alone.

b) Under the Council - If no duke is willing to step in as warden, a abdicated kingdom will be under the direct control of the council. All non-noble holders or counts in the kingdom shall be managed as vassals of the council, but they may not claim new areas of the kingdom that have not been previously and clearly designated to be theirs, until a Warden is chosen.

c) Dissolved - This is only to be used if deemed absolutely necessary by the Council. A vote for kingdom dissolution must be made completely unanimously by all Active AND Inactive members of the Council, Proxy Dukes may not vote for dissolution and involuntary inactive kings are still counted towards the number of members of the Council for this. A dissolved kingdom is broken apart, all Duchies/Counties that were under the control of dukes/counts in that nation become independent holdings under the council with all the rights that entails. If the council decides so, non-noble holders may have a county set aside for them to work until the council deems them ready for advancement to Count under normal voting procedures for rank ascension. Duchies/Counties whose technical Liege-Lord was the previous monarch shall be set aside as Historical Site, and my not be altered, and shall be referred to as "County/Duchy X of the Former Kingdom of Y" The kingdom itself shall be used as a term for a geographic area instead of a political boundary from then on.

A abdicated king may resume kingdom status upon a unanimous vote from the Council of the Crowned, When they return they are given the title of Honorary King. They retain all the rights to their lands, vassals, etc. but do not have a vote on the council until the council has decided that they are truly dedicated to the server upon return. They can do this by participating in community projects, developing their own lands, and taking part in the forums and legal discussions.

Redaction

Once a king has given his vote on something, he may not remove it unless the vote is somehow found to be unlawful, or if the vote was given by a proxy voter and upon their return does not agree, or if the thing they are voting on changes.

International Rules of War Act

Definition of war

Wars are completely restricted to personnel combat (Which means trying to kill your opponent or his allies), and when absolutely necessary, military targets (loosely defined). This rule gets slippery during long wars or wars over boundaries, but the destruction needs to be limited to the disputed areas and the attackers should be aware that the Council of the Kings will be monitoring such attacks carefully and will declare some as terrorism if necessary. This means you should not attack, under any circumstances, homes, major infrastructure (except to leave a small hole to slow your enemy travel), no damaging domestic factories, or even their natural landscape like forests. Consider the citizens when at war! Stealing is generally permitted, but only if it punishes the title-holder, and not the settlers (npcs, villagers, etc) as a whole. Again, overtly aggressive attacks will be subject to review after words.

Aggressive wars

These can be legal. If you declare it openly then you cannot be punished for starting the war. But it is then up to you to cobble together support from allies. However, starting an aggressive war without strong ally support, years worth of campaigning, and legitimate grounds, it is almost certainly the case that aggressive wars will be viewed negatively by the international community. This means you could find few allies, and could face a likely and swift defeat at the hands of those you attempted to take advantage of, for they will likely find many allies.

Defensive wars

If you find attacks or major griefs in your land, you can declare a war and post a REQUEST FOR SUPPORT. Unlike an aggressive invasion, you can almost always expect support from kings, and perhaps even from the Council of the Crowned as a whole.

Illegal wars

Deciding to attack someone without declaring it formally to the commons is either a) grounds for an immediate invasion of your lands, with a possible Total War being declared. or b) your attacks are declared terrorism, which is grounds for the worst of the worst punishments (including exile or even ban).

Total War

The rarest of wars. Sometimes the Council of the Crowned can call for a vote for a Total War, which legalizes the pillage of a realm. While usually wars are restricted to military targets and personnel combat, total war enables invaders to bomb and sabotage as they wish (and steal as they wish).

Upon death

If you die during a war (and this includes falling to death all by yourself) stop playing. A representative of the Council of the Crowned, if online, will /jail you. If no representative is online at the time, be sure to log off on the spot. Others, be sure to screenshot deaths so war participants cannot deny it when they fall. The vanquisher will determine the jail, but if the person died on their own, it is the person who called the war, or called the defence who gets to decide which jail to send them.

Ending a war

One by one, as allies in the war get locked up, get ready to negotiate. Sometimes this takes a single day of combat, other times it takes weeks and weeks or years. To win a war: all of your opponents need to die or surrender. Wars do not pause when players log off, but this is thanks to these strong rules of war that prevent sensless destruction of civilians during war (a war crime). The terms of war should be clear at the outset of the conflict, otherwise you run the risk of not attracting allies, or run the risk of being accused of triggering unwarranted destruction without rational cause. As such, by the time of negotiations, active parties and watchers from the sidelines alike should be able to fairly easily predict the terms that will be negotiated at the outset of a war. For example, if you are calling for a defensive war, your capture of your enemy will probably trigger reparation payments and/or jail time for previous crimes that triggered the war. Or alternatively, if after years of careful campaigning there is a strong case to be made for shifting a vassal to a new liege, and one is able to secure legitimate allies and can call an aggressive war somehow without looking like a tyrant, than it will be predictable that at the outset of the war, should they win, that they would want to capture the targeted vassal.

Mercurian International Criminal Code

Illegality of Duping

Duping of any material is prohibited and illegal. Players will be charged upon immediate discovery of duping allegations and the duped items will be immediately confiscated. Duping refers to the use of glitches and exploits to duplicate items, and not the automation of the production of goods. That is, this act does not cover redstone innovations that do not exploit glitches.

Illegality of Vandalism

The vandalism of any players property is prohibited and illegal. Players will be charged if the victim of said vandalism decides to press charges. Vandalism refers to any form of "griefing".
Defence of Person

(1) Every one who is unlawfully assaulted without having provoked the assault is justified in repelling force by force if the force he/she uses is not intended to cause death or grievous bodily harm and is no more than is necessary to enable him to defend themselves.

(2) Every one who is unlawfully assaulted and who causes death or grievous bodily harm in repelling the assault is justified if he/she believes, on reasonable grounds, that he/she cannot otherwise preserve themselves from death or grievous bodily harm.

(3) Every one is justified in using force to defend themselves or any one under their protection from assault, if he/she uses no more force than is necessary to prevent the assault or the repetition of it.

Assault

A person commits an assault when without the consent of another person, he/she applies considerable force intentionally to that other person, directly or indirectly, enough to cause the depletion of hearts. Everyone who commits assault is guilty of an indictable offence and is liable to imprisonment, seizure, and reparations.

Culpable Homicide

Culpable homicide is defined as causing the death of a person; by means of an unlawful act; by criminal negligence; or by causing that person, by threats or fear of violence or by deception, to do anything that causes their death.

The Do Not Be a Dink Amendment: On Contempt for the Community and Empire

As outlined in the Indoles Carta of Rights, Freedoms and Duties, all Hermertians have an obligation and duty to recgonize, acknowledge and protect the rights identified therein.

(1) A person who willfully and intentionally ignores these duties can be charged of being in Contempt of the Community and Empire (summary charge), and is liable to token reparations and community service.

(2) A person who willfully and intentionally undermines the rights, freedoms and duties of the Indoles Carta as well as the unwritten spirit of Hermertia and the Mercurian Empire, is guilty of Contempt of the Community and Empire (indictable offense) or in severe cases Treason.

The Acts of Science and Physics (Gameplay Modifications)

1.1 In order to create a process of equal challenge by which for citizens of Hermertia to procure Elytra, the respawnable beast known as the Ender Dragon is modified to drop two (2) sets of Elytra upon its death.


Last edited by The Regent on July 13th, 2016, 2:45 pm, edited 1 time in total.

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PostPosted: July 12th, 2016, 9:15 am 
King

Joined: February 24th, 2016, 8:29 pm
Posts: 563
Some notes that have been mentioned in past conversations:

There is a divide on recognizing contractual law internationally, or leaving it domestic.

Based on both the current and old constitution, there seems to be an unexplained gap. Can dukes who have a king as a liege create their own counts? Or can only the "highest liege of the land" create counts?

Are there any passed legislation from the "Past Legislation" tab of the commons that are either constitutional, or criminal, or etc, that should be added to this page as Acts therein? Ultimately all laws and the constitution should be found in one post one day, I presume. I noticed the dragon egg law was added to the constitution/law page in accordance to this custom for instance.

That is, not all things passed (like maritime travel most recently) need to be codified in the laws page right? As this isn't really criminal or constitutional? But I notice we make exceptions. Why are some game-changing laws (dragon egg) added, but others are not (maritime travel?).

The above draft is of course a proposal, open to ALL feedback, criticisms, and amendment suggestions. Now's the time :)

But it seems to be constitutional, such an over-arching change would require 2/3rds the council, and 50% the house of dukes, right?


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PostPosted: July 12th, 2016, 2:37 pm 
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Joined: May 30th, 2015, 7:09 pm
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Basically, the reason some of the laws have been put in and some aren't are born out if our inherent laziness

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PostPosted: July 12th, 2016, 3:39 pm 
King

Joined: February 24th, 2016, 8:29 pm
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Ahah that makes sense. So the main purpose of this proposed amendment is the constitutional clauses themselves ; as passed legislation can be added to appropriate acts later.

Btw, you and the king of Perth did an incredible job modernising and reviving pieces of the old constitution from memory. Other than change to passing bills, and changed name of serf, your indole Carta was near identical to the original, sans some details. Impressive legislative skills and wisdom from the Council.


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PostPosted: July 12th, 2016, 4:00 pm 
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Duke

Joined: May 30th, 2015, 8:19 pm
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Location: Waterloo, ON, Canada
(Nick was a big part of it too he did a l of the writing)

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PostPosted: July 12th, 2016, 4:08 pm 
King

Joined: February 24th, 2016, 8:29 pm
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Oh shoot! I forgot who did it actually. I was only recalling from memory from the few month ago when I was updated about it. But it make make hell of a lot of sense that this is Nick's handwork, as I thought he was a damn good ambassador for traditions and laws throughout the ages. Aw man, you guys are incredible. The intellect of the divine Empire's leaders is what has led to this amazing land of peace and prosperity.


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PostPosted: July 12th, 2016, 10:30 pm 
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Duke

Joined: June 1st, 2015, 12:47 am
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From IV. Judicial:

Quote:
Appointing the Judge and Attorneys

If the Emperor is present, and opts to participate, then the Emperor is automatically the judge. Should the Emperor not be present, then any active Council of the Crowned member, de jure (official) King, can volunteer to be a judge.


Are we keeping the Emperor's ability to automatically be judge, or are we scrapping that in favor of a more symbolic Emperor?

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PostPosted: July 12th, 2016, 10:33 pm 
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Joined: April 28th, 2016, 6:15 pm
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The Chairman wrote:
From IV. Judicial:

Quote:
Appointing the Judge and Attorneys

If the Emperor is present, and opts to participate, then the Emperor is automatically the judge. Should the Emperor not be present, then any active Council of the Crowned member, de jure (official) King, can volunteer to be a judge.


Are we keeping the Emperor's ability to automatically be judge, or are we scrapping that in favor of a more symbolic Emperor?


We're not keeping any of the Emperor stuff here, Nicholas is drafting the new Emperor law today and it will go up for voting tonight.

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PostPosted: July 13th, 2016, 7:17 am 
King

Joined: February 24th, 2016, 8:29 pm
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The constitution still needs to reference the Emperor Mark, because it's what legitimises the empire. I agree with chairman about discussing it. Basically the judicial part is the only actual 'active' role he has in the constitution, so we should just strip that part and leave the rest of the symbolism to custom or to a guideline provided through legislation.

In constitutional monarchies irl, they don't specify the role or non-role of the Queen except as to say the active role of all other elements. The symbolic power is therefore implied, rather than explicit. I recommend this model.

The constitution as it is, minus the judicial clause, leaves the emperor powerless anyway. So let's definitely scrap that line. Good call chairman!


Last edited by The Regent on July 13th, 2016, 2:37 pm, edited 1 time in total.

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PostPosted: July 13th, 2016, 2:33 pm 
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Sounds good to me, Regent, you're a dab hand at this stuff.

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