All times are UTC [ DST ]




Post new topic Reply to topic  [ 38 posts ]  Go to page Previous  1, 2, 3, 4
Author Message
  Offline
PostPosted: July 20th, 2016, 4:27 pm 
User avatar
King

Joined: May 30th, 2015, 5:52 pm
Posts: 934
Am currently considering/responding to all points here; watch this space ;)

_________________
Wysterian Labourer's Council
Currently Holding Stewardship of Wysteria

Minister for Applications and Settlement
Forums Administrator


Top
 Profile  
Reply with quote  
  Offline
PostPosted: July 20th, 2016, 4:33 pm 
King

Joined: February 24th, 2016, 8:29 pm
Posts: 563
This is fantastic! We are making great progress. And let that be a point of pride by the way. Constitutions are a big deal. It's great there are many camps of argument, and interesting campaigns underway. Many items will become a consensus that is built from many different competing perspectives.

E.g., I was going to fight for more colorful historical references in the Emperor section, as a traditionalist society of course (Minerva in this cycle). But I am seeing a great campaign before me, and am significantly watering down my appeal to our history in favour of a single word from the constitution.

Another example is the revival of historical legal issues that were solved in the past, but in the absence of these provisions being covered in recent living constitutions, the major legal issues are revived and worthy of reflection and clarity in the new constitution.

It's dawning on all of us I think. We should be excited to be in such a momentous occasion as constitutional amendment talks. It's good for the Empire.


Top
 Profile  
Reply with quote  
  Offline
PostPosted: July 20th, 2016, 4:51 pm 
King

Joined: February 24th, 2016, 8:29 pm
Posts: 563
Two very small structural suggestions, nothing as significant as the items above.

1) We interchange between (real-life time and lore time) quite a lot. Sometimes we say (days or weeks), which has no quantifiable relationship with our lore. I recommend converting anything approaching 4-5 days in real life to call a year. Or viceversa and only use real-world time equivalents. I guess we can say "imperial year" to differentiate from real life year? or something like that?

2) Nick has done an AMAZING job finding all our loose laws and putting them in one place. I notice though that many good laws and good acts fell under The Acts of Science and Physics (gameplay modifications), rather than have their own small act and name. Perhaps a legal convention, we should add act names to separate act sections, when passed. Or amend existing acts (when we add new gameplay changes for instance).


Top
 Profile  
Reply with quote  
  Offline
PostPosted: July 20th, 2016, 4:52 pm 
User avatar
King

Joined: May 30th, 2015, 5:52 pm
Posts: 934
Quote:
I didn't know only non-kings can nominate an emperor. This is a pretty strange limitation, given everyone else can vote too. In otherwords it leaves kings with almost no influence in the process. Why is this? I can easily be swayed, I just find it surprisingly constraining.


This ideas was a result of discussion that took place here; over the course of discussion concerning the role of the Emperor it transpired that many wanted to see a wide range of community input when it came time for the Emperor's election. As we ultimately decided that Dukes should not be able to contest the position, it was felt that the lower nobles of the Empire should retain some measure of unique influence over the process so as to a) allow for greater community influence on the nominations for Emperor, b) prevent a theoretical situation where the same individuals are nominated by the Council over and over again, c) hold the nominations process accountable to teh community, and d) symbolically illustrate the way in which the Emperor is representative of and responsible to the community at large. Overall, this idea received general agreement and does appear to be a convenient way to allow for a unique measure of influence on the part of the nobles without actually jeopardizing the nominations process (with this many nobles in Hermertia any member of the Council who would want to be nominated will be). It's a practical and symbolically pleasing solution.

Quote:
Should the specific cabinet positions be in the constitution? Technical cabinets are executive branches, meaning it is technically up to the crown or governing bodies at the time. I recommend we move it to outside of the constitution, otherwise adding new cabinet positions would require constitutional amendments.


This is a fair point. Of course, our Cabinet functions differently than the traditional model (à la Westminster) and is beholden not the the executive branch so much as the community and Hermertian society, and so my opinion - backed up by others during discussion at the time of writing - is that the Cabinet rules should go in this section anyways. As for the voting requirements - personally, I think that it's reasonable to require an amendment to implement a new Cabinet position and Ministry - these are fairly large responsibilities that can have great influence and should be treated with the legislative oversight that befits the role they play. Of course, we could add in a special exemption lowering the voting requirement for the implementation of a new Cabinet position to, say a civil (50%) majority - I don't feel as though this is really needed but of course I'm but one voice among many.

Quote:
Mobility laws have been drastically altered. Traditionally, no one could stop travel into territory. This enabled auditing and investigations of crime and wrong doing. Also, sometimes nations will be landlocked. There have been many conflicts and community-breaking moments when people decide to stop all through-traffic. I'm sure practices have changed, but mobility was one of the defining freedoms that kept the empire working. Just my thoughts.


Quote:
Yeah, I agree with Regy about the mobility changes if I may, what brought this on?


Ah, the Mobility Laws: simultaneously one of the great principles of our world that we too often take for granted and yet bringer of much legislative and judicial angst. This change in wording is (of course) up for debate and came about as a direct result of wars in which individuals have sought to impede the movements of attackers by breaking/sabotaging/trapping nether portals and thus rendering them dangerous and/or deadly to not just attackers but the general citizenry of Hermertia. So in regards to mobility laws, we are left with a dilemma: we must certainly protect the rights of all Hermertians - for example, an innocent civilian who is exercising his Mobility Rights and falls into a portal trap meant for attacking forces, dying and losing his belongings. On the other hand, we have a War Act which explicitly allows for the small scale sabotage of infrastructure in even a limited war - and the use of nether portals to impede attacking forces has been used repeatedly to the extent that it seems the community wants this option available to them in wartime. Also, what of Maritime Fast-Travel Points - should a realm be allowed to sabotage these to prevent attacking forces from quickly overwhelming their defences? On another note, there is some discussion over the sovereignty of realms and whether they may not be within their rights to request a temporary cessation of travel - say in an area undergoing secret developpement.

So, as I see it, we have several choices available to us:

a) Allow for full mobility rights, with absolutely no methods of limiting these. Make the sabotage of nether portals and Maritime Travel Points crimes liable for War Crime prosecution in times of War. This has the advantage of being clear and in the spirit of our legal history, but limits use of infrastructure to slow attackers in times of war and can be construed as trampling on a realm's sovereign right to impose travel controls (both of these have been issues in the past, which is why I bring them up here).

b) Allow for full mobility rights, with absolutely no methods of limiting these. The sabotage of nether portals and Maritime Travel Points are allowed under the provisions for small infrastructure sabotage in the War Act; citizens of Hermertia are issued advisories when willfully travelling into territories engaged in war with the understanding that, if they should fall victim of travel sabotage, they do not have a recourse at the Imperial Court. This has the advantages of retaining our legal spirit while allowing for infrastructure to be used in times of war, yet limits a citizen's legal right to seek reparations for the contravention of their rights to freedom of safe movement, something many of us feel is important to keep.

c) Allow for full Mobility Rights except during specific instances when the highest legal authority in a given land makes a public legal declaration announcing the suspension of full freedom of movement, the areas affected, and the period of time for which it shall apply. THis struck several of us as a reasonable middle ground for a number of reasons:

- It protects full Mobility Rights as the default state of travel in the Empire.

- It allows for legal complexity in times of war. If a realm is defending against an attacker and wishes to sabotage nether portals to slow the advance of attacking forces, they may issue a statement declaring an area of land to be temporarily suspended of Mobility Rights for the purposes of infrastructure sabotage in warfare - citizens of Hermertia can, of course, still travel to that area, but they do so with the implicit understanding that while in that area their legal Mobility Rights are reduced or suspended and that, should they fall foul of sabotage meant for an attacker, they have no legal recourse for reparations as they were legally warned in advance. On the other hand, if the defending realm sabotages nether portals without advising the community in a legal statement and a citizen dies due to that, that citizens has legal right to reparations as their Mobility Rights have been infringed upon and teh defending realm is liable for War Crimes prosecution as they have covertly hampered teh Mobility Rights of citizens of Hermertia, which are as per the wording of this law always assumed to be in effect unless explicitly stated otherwise. This is effective and adaptive middle ground, as the law as written allows for realms to make use of infrastructure in warfare while also explicitly allowing for underhanded tactics to be met with a War Crimes tribunal.

Quote:
The only area I have trouble with is the Emperor in the definition section. It really removes it's historical role and validity, and philosophically makes us a Republic. I do not think it needs to be so explicitly mentioned that we are under a pawn. Given no laws or powers are given to the emperor explicitly, I think they were already implicitly powerless. So in sum, my to area of issue are the fact philosophical contribution is removed, and ceremonial is too explicit.

We have thousands of years of that authority and divinity, (lore off, like the emperor of Japan or the Chinese mandate of heaven... the former has been symbolic at many stages of japanese development, even if no constitution elaborated as such). I fear if we water down the language to the point there is no connection to the past that authorized and binds our nation to the previous cycles, then we lose a uniting factor.

Theoretically, if we are NOT unified by an emperor, but instead a piddly pawn, then what is to stop nations from breaking independent? By what authority can the 'so called' empire argue that is wrong? The only real power of the Emperor is this symbolic unity.


This is a fair point, yet also one that goes to the heart of our system of authority. I have no trouble at all with removing the word 'ceremonial' from the Carta - as you've pointed out, the Emperor's lack of defined powers in that same sections negates the need for an explicit description of the individual as ceremonial.

I've gone through and made a very few minor changes that do nothing to affect the role of the Emperor while bringing the wording slightly more in line with our sociopolitical legacy - thoughts on this?

Quote:
Emperor/Empress

The Emperor or Empress of the Mercurian Empire is the representative of the divinity of the Council of the Crowned, elected from within the ranks of the Council and equal in rights and abilities to each of the sitting members of the latter. In this role, the Emperor/Empress holds the responsibility of performing tasks on behalf of the Council of the Crowned, including but not limited to the crowning of newly ascended Kings/Queens to the Council and the delivering of announcements on behalf of the Council.

The Emperor or Empress also holds the responsibility of acting as sociocultural ambassador for the Empire, representing the diversity and community of the Empire and fostering community ties and development. In this role, the Emperor/Empress holds the ceremonial responsibility of representing the community in specific instances, including but not limited to officiating cultural events such as the Imperial Games, introducing communal initiatives and lore events, and travelling the Empire to foster development and cooperation.

_________________
Wysterian Labourer's Council
Currently Holding Stewardship of Wysteria

Minister for Applications and Settlement
Forums Administrator


Top
 Profile  
Reply with quote  
  Offline
PostPosted: July 20th, 2016, 6:35 pm 
King

Joined: February 24th, 2016, 8:29 pm
Posts: 563
Quote:
Of course, we could add in a special exemption lowering the voting requirement for the implementation of a new Cabinet position to, say a civil (50%) majority - I don't feel as though this is really needed but of course I'm but one voice among many.


It is just as easy to move the Act of the Cabinets to it's own act. That way you avoid having to find an exemption.


Top
 Profile  
Reply with quote  
  Offline
PostPosted: July 20th, 2016, 6:40 pm 
King

Joined: February 24th, 2016, 8:29 pm
Posts: 563
Also, I really like where things have gone with the edit here. I think I'm ready to vote in favour of it. Just seeing what others say.

I still think it doesn't hurt to move the Act of the Cabinet into its own act, and there are other small procedural fixes (other independent acts should be acts of their own).

Amazing work.


Top
 Profile  
Reply with quote  
  Offline
PostPosted: July 20th, 2016, 8:44 pm 
User avatar
King

Joined: May 30th, 2015, 5:52 pm
Posts: 934
Slightly edited draft! No substantial changes here at all, just some procedural ones to tighten up language/clarify where things go/remove legal loops. Hopefully this is more or less our final version!

------------------------

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 scheduled no later than one (1) year after the Emperor’s leave of office.

In the period immediately prior to the election, the Counts and Dukes of the Mercurian Empire may nominate current sitting members of the Council of the Crowned for the position of Emperor. Sitting members of the Council of the Crowned at the time of the Emperor’s leave of office may not nominate themselves or other sitting members of the Council of the Crowned.

Beginning the scheduled date of the election, a one-year 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. After the one-year period has elapsed, all votes will 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 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 successful ascension to Kingdom must also 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 an established realm and under a liege, they must receive recognition and formal approval from their liege for ascension.

b) If they are established in land unclaimed by any currently internationally–recognized realm: Only sitting members of The Council of the Crowned can recognize the ascension of other Dukes. 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 establishes the Council of the Crowned their official liege.

Recognition of a new Count

A Count may be recognized under two circumstances:

a) If they are residing inside the borders of an established realm and under a liege, they must receive recognition and formal approval from their liege for ascension.

b) If they are established in land unclaimed by any currently internationally–recognized realm: Only sitting members of The Council of the Crowned can recognize the ascension of other Counts. 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 establishes the Council of the Crowned their official liege.

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, after receiving either a clear majority (60%) approval from the Council of the Crowned or receiving a majority (50%) approval from the Council of the Crowned concurrent with the passage of a bill in support of the application from 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 by 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 (50%) from active sitting members of the Council of the Crowned.

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 must receive support from both a clear majority (66%) 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 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 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 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 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 altered or amended it may be again subject to veto by the House of Dukes and, to pass, must receive (as per standard legislative requirements):

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 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 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 the 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 - 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 sitting Minister for Justice of the Imperial Cabinet shall be designated as the preferred judge for any Imperial Court Case. If the Minister for Justice is unwilling or unable to act as judge, any sitting member of the Council of the Crowned can volunteer to act as judge. Should there be available judge, the case will be adjourned until a judge can be found. 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 represent criminal cases brought against defendants. The defendant(s) may represent him/themselves or alternatitively 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.

Deliberation and Adjudication

Cases are brought before the Imperial Criminal Court, and the main participants gather before the case begins. The Judge will mediate affairs, and is 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. The judge reserves the right to cut statements short if they become burdensome or irrelevant 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 under the principles of organic law. The word of the peoples of the Empire must be represented by the Judge.

V. Contractual Law

There is no international status, recognition or legal protection/prosecution of contractual law. This is left to bilateral treaties or domestic 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, 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 at war may temporarily revoke the mobility rights of Hermertian citizens in specific regions. 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

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 during the course of an impartial Imperial Court hearing. 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 ability. 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 / Native Mercurians

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, Native Mercurians, 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.

Claims Law

Nobles of rank Count or higher who either wish to become independent by settling in lands unclaimed by any recognized realm or territory or who are independent and wish to expand their holdings must submit a request for claims to the Council of the Crowned through the Imperial Court.

A Request for Claims must state the exact area of land that is being claimed, preferably with aid of an illustrated map, and describe the rationale for its claiming. The claimant should ideally have proven themselves to be able to be trusted to use the land they are claiming in a productive manner – a common and accepted tactic is for claims to begin small and grow in size as the Council gains evidence to support their trust that the land will be used appropriately.

A Request for Claims shall be approved with a majority (50%) vote in affirmative from the sitting members of the Council of the Crowned.

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 New Hermertia 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 such as baronies, temples, councillorships, bishoprics and religious institutions, cities and towns. Successful counts may control multiple counties but must 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 may be lords of either independent holdings (with the Council of the Crowned as their liege) or holdings inside of an established realm under a Duke or King. Alternative, localized and equivalent titles for the land and the individual may be recognized and include but are not limited to: Earldom, Shire, Graf, Xian, Comte, Megye, Shahrestan, Fylke, and Fief.

Dukes

Holders and protectors of vast lands, combined out of many counties, Dukes are amongst the most important rulers in Hermertia. Duchies evolved from ancient the Mercurian practice of settling new lands by empowering trusted leaders and peoples, with influential Governors of realms in the later Cycle of the Owl serving the same purpose – today, counties and local holdings are brought together under a single flag and identity to form large Duchies as a way to strategically coordinate governance. Dukes are respected and influential nobles in the Mercurian Empire for they embody the spirit of Hermetia, that is, the promotion of vision, culture, glory, project and community. Duchies are generally built out of the consolidation of 3 to 10 Counties. Dukes may control multiple Duchies (sometimes adopting the term, equivalent in rank and privilege, of Grand Duchy), but they must choose a primary title when they do so. Dukes may be lords of either independent holdings (with the Council of the Crowned as their liege) or holdings inside of an established realm under a King.

Kings/Queens

Kings and Queens are divine rulers of the great Kingdoms of the Merucian Empire. Kingdoms are divine and eternal, and once recognized as such will forever be divine though may be recognized as inactive at the discretion of the Council of the Crowned and the rulings of the The Act on Kingdom Activity and Status.

Emperor/Empress

The Emperor or Empress of the Mercurian Empire is the representative of the divinity of the Council of the Crowned, elected from within the ranks of the Council and equal in rights and abilities to each of the sitting members of the latter. In this role, the Emperor/Empress holds the responsibility of performing tasks on behalf of the Council of the Crowned, including but not limited to the crowning of newly ascended Kings/Queens to the Council and the delivering of announcements on behalf of the Council. 

The Emperor or Empress also holds the responsibility of acting as sociocultural ambassador for the Empire, representing the diversity and community of the Empire and fostering community ties and development. In this role, the Emperor/Empress holds the responsibility of representing the community in specific instances, including but not limited to officiating cultural events such as the Imperial Games, introducing communal initiatives and lore events, and travelling the Empire to foster development and cooperation.

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/Queens and Abdication/Dissolving of Kingdoms

Proxy Voting - A king who is inactive may pass their voting powers to a duke who is a vassal of that same king. If the realm only has one duke it shall automatically pass to that duke; if there are multiple the king must designate which one it shall pass to If the kingdom is without dukes, or the king in question declines to select a duke to be given voting privileges, that king shall not be counted in voting requirements in the passing of bills. Counts and Vassals may not be awarded voting powers.

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 deemed inactive and unable to contribute to Imperial discourse may become involuntarily inactive. 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 engaging in diplomatic discussion (posting on the forums) at all for a period of over one year (two weeks in real life), and

b) Ignoring discussions that require Kingly/Queenly input in the Diplomatic Court for over one year (one week in real life).

Abdication

A king who elects to leave the community either permanently or temporarily may choose to voluntarily abdicate.

An abdicated kingdom passes to control of the duke under the former king who would normally assume control. The duke assumes control of the territories of the Kingdom as a Warden (powers detailed in section a) ); the territories of the Kingdom remain unaltered and under the control of the Warden but the Kingdom loses its voting powers in the Imperial Parliament and the Council of the Crowned. If the kingdom has no duke available to assume the position of Warden, the Council of the Crowned 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 an 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 Counts and Vassals 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 unaltered.

b) Under the Council - If no Duke is willing to step in as Warden, an abdicated kingdom will be placed under the direct oversight of the Council of the Crowned. All Vassals, Counts, and/or Dukes residing in the Kingdom shall be supervised as Vassals under the authority and oversight of the Council of the Crowned, 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 – If and only if deemed fully necessary by the Council of the Crowned, an existing Kingdom may be dissolved. A vote for the dissolution of a Kingdom shall be ratified only upon a wholly unanimous vote in approval from sitting members of the Council of the Crowned; Dukes acting as Wardens or exercising proxy voting privileges shall not be counted. Once ratified, a dissolved Kingdom is broken apart: all existing Duchies/Counties under the control of Dukes/Counts in that nation at the time of dissolution become independent holdings under the Council of the Crowned with all the legal rights that status entails. If vassals are present in the Kingdom at the time of dissolution and are actively engaged in the development of a holding, the Council may allocate an area to be reserved for that individual if and until that individual seeks ascension to the rank of Count. Duchies, Counties, and other holdings whose liege-lord or creator was the previous Monarch at the time of dissolution shall be considered Historical Sites and are to be unaltered, referred to from that point as "County/Duchy/Holding X of the Former Kingdom of Y". Land that has not seen development of any kind by the inhabitants of the former Kingdom shall be returned to an unclaimed state, where it will be available for new claims as any other unclaimed land. While the Kingdom itself may retain use as a geographic term, it shall cease to have any legal recognition.

An abdicated King may resume Kingdom status upon a unanimous vote from the Council of the Crowned upon their return to the lands of Hermertia. Upon their return they are awarded the title of Honorary King in recognition both of the eternal divinity of their crown and their need to prove themselves committed to Imperial Affairs before being fully reinstated. They retain all the rights to their lands, vassals, etc. but do not retain a vote on the Council of the Crowned until such time as the Council determines that they are truly committed to the Empire and the community by show of a unanimous vote of support from the active sitting members of the Council of the Crowned.

Redaction

Once a King or Queen has granted his/her vote to a bill or a cause, he/she may not remove it unless the vote is

a) found to be unlawful or based on misinformation,

b) given by a proxy voter and disagreed with by the King/Queen upon their return, or

c) if the matter being voted upon undergoes measurable 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

Wars declared aggressively are legal as long as a declaration of war is made openly and publicly in the Judicial Court of the Imperial Parliament. If war is openly declared, the aggressor cannot be punished for their war - it is, however, then up to the aggressor to cobble together support from allies. Aggressive wars launched without strong allied support and true justification are liable to quickly attract negative opinions from the international community, leading to a surge of support for the defender.

Defensive wars

A realm attacked either through formal declaration of war or informal acts of vandalism or terrorism may issue a formal Request for Support through the Judicial Court of the Imperial Parliament. Requests for Support are generally viewed favorably by the Empire, particularly against an unprovoked aggressor.

Illegal wars

Attacking another realm or territory without making a formal declaration or war through the Judicial Court of the Imperial Parliament is considered an illegal war. An illegal war provokes strong reaction, and is, depending on circumstance, liable to be labelled

a) grounds for an immediate invasion of your lands, with the possibility of unrestricted Total War being declared, or

b) attacks being declared terrorism, a crime against the Empire which is grounds for punishments ranging from extended jail time to permanent exile (banning).

Total War
In the rarest of circumstances, the Council of the Crowned reserves the ability to call for a unanimous vote for the declaration of Total War against a realm or territory. This form of warfare which has not occurred in living memory legalizes the wholesale pillage and of a realm in the course of war, lifting restrictions and legal penalties on destructive activities such as looting, bombing, and sabotage of civilian targets.

Upon death

If you die during a war from any cause, either natural or in combat, 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 the death occurred legally. The individual shall be sent to jail where they shall remain until the conclusion of the war and the signing of peace.

Ending a war

Hostilities are only concluded when

a) all forces on one side have died, surrendered, or taken no actions for five (5) years, or

b) both sides resolve to sign a formal peace ending the war.

Upon the cessation of hostilities, representatives of both sides must come together to formally designate terms and sign a peace signaling the end of the war. International observers may be present to record the process of discussion and observe the conditions of peace.

War Crimes

Individuals or forces found to have committed actions in the course of warfare illegal under either the formal definition of War in the International Rules of War Act or the Mercurian Criminal Code shall be liable for trial as war criminals. Trials may take place at the discretion of the Imperial parliament, generally after the cessation of hostilities.

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. Individuals found guilty of this crime are liable for prosecution if the victim of said vandalism decides to press charges. Vandalism refers to any form of "griefing".

Defence of Person

(1) Everyone 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) Everyone 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) Everyone is justified in using force to defend themselves or anyone 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 Act: 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 Cabinet Acts

The Imperial Parliament contains an elected Cabinet composed of the Offices of the Emperor as well as five Ministries responsible for coordinating and fostering an area of Hermertian life and society, each headed up by an elected Minister. These five Ministries include those of:

a) Applications and Settlement, charged with coordinating the welcoming of newcomers to Hermertia,

b) Justice, charged with presiding over legal cases and overseeing the implementation of the Empire’s laws,

c) Surveyors and Civil Engineers, charged with mapping and surveying the Empire as well as inspecting and approving Imperial infrastructure,

d) Culture, charged with preserving and promoting the cultural practices of the Empire, and

e) History, charged with preserving and compiling the history of the Empire and the maintenance of the Imperial Library.

Cabinet-wide elections shall be held every 36 mercannum, at which time any noble (Counts, Dukes, and Kings/Queens) may submit their name for consideration for the position of Minister. A one-week period of voting shall then be held during which time all nobles of the Empire are granted an equal vote. The candidate receiving the greatest number of total votes in each Ministerial Election shall be designated the next Minister for that Ministry; if a single candidate runs unopposed they are by default designated the next Minister for that Ministry. If there are no candidates submitted for election in a Ministry, the current Minister retains his/her position until the next election. An individual may not hold more than one Ministerial position. Ministers may appoint others to act as ‘Deputy’ or ‘Assistant’ Ministers to aid in carrying out the tasks of the Ministry.

The Imperial Parliament reserves the right to create, alter, and remove Ministries and/or Ministerial positions in the Imperial Cabinet. A legislative motion proposing any of these substantive changes to the Cabinet must be met with approval of either a clear majority (60%) in the Council of the Crowned or a majority (50%) in the Council of the Crowned and a majority (50%) in the House of Dukes.

The Maritime Travel Acts (Maritime Fast Travel)

1. A Maritime Fast-Travel Connection shall be defined as: a naval travel connection between two locations, feasible within existing lore and supported by a port on either end featuring physical infrastructure including but not limited to harbor facilities, local naval development, local development and cultivation of commerce and industry, international presence, and alternative methods of transportation and travel to each port, serviced by a minimum of one (1) pair of naval vessels that transport an individual between each port.

2. The Commission for Maritime Navigation shall be created as a subsidiary of the Imperial Ministry for Surveyors and Civil Engineers. 

a. The Chairperson of the Commission may be appointed as a Deputy Minister at the discretion of the Minister of Surveyors and Civil Engineers. Other individuals may assist in completing the duties of the Commission at the discretion of the Minister for Surveyors and Civil Engineers. If no Chairperson exists, the role is automatically assumed by the Minister for Surveyors and Civil Engineers.

b. It is the Chairperson’s responsibility to collect and judge each and every application submitted to the Commission and to ensure, through inspection of the posted application and physical inspection of each port’s facilities, that each individual application meets each requirement for the approval and implementation of a Maritime Fast-Travel Point before sending each individual application to the Mercurian Parliament for voting.

c. A successful application reviewed and verified to the satisfaction of the Committee for Maritime Navigation will be passed on to the Mercurian Parliament for voting, where to succeed it must achieve the standard legislative requirement of either a 60% Council of the Crowned vote in affirmative OR a 50% Council of the Crowned and a 60% House of Dukes vote in affirmative. 

3. Applications submitted to the Commission must include each and every element of the following: 


a. A minimum of three (3) examples of photographic evidence: one picture of the port at either end of the connection as well as current map displaying the lorified proposed connection route. 

b. A developed port on each end of the Connection. To be deemed suitable for a Maritime Fast-Travel Connection, each port must meet the following developmental and infrastructural requirements in order to justify the need for, the effect of, and the physical and economic ability to maintain a Maritime Fast-Travel Connection:

c. Population and residential areas large, established, and developed enough to generate sufficient traffic as to require a Connection. 

d. Local commerce and industry prominent and developed enough to financially support a Connection and to provide economic rationale (i.e. international trade, commercial traders, etc.) for the creation and support of a Connection. 

e. A number of oceangoing vessels housed within each port; large enough to facilitate oceanic trade and development and to provide activity sufficient to warrant a Connection. A minimum of either four (4) midsize (20-35 meters in length) oceangoing vessels or three (3) large (35-50 meters in length) oceangoing vessels must be present in the harbor of each port (this number may include Connection vessels).

f. Alternate forms of travel connecting each port to the Mercurian Empire’s transportation networks. These may include overland connections or nether connections. A nether line, if present, must be rated as wholly secure by the Ministry for Surveyors and Civil Engineers.

g. Physical evidence of each port having been influenced and impacted by international development including but not limited to trade, culture, diplomatic representation, etc. Physical evidence of international development may include but is not limited to: foreign businesses, international trade, representation of international Guilds, and diplomatic embassies. A minimum of two (2) physical examples of international presence must be established in each port. 

h. International vessels housed in each port, in order to demonstrate that the port is being employed by international vessels on a regular basis. A minimum of two (2) international vessels, clearly marked as having originated in another realm, must be present within the vessels of each port’s harbor (these vessels may be employed for Connections).

4. The port on either end of the proposed Maritime Fast-Travel Connection must contain an oceangoing vessel that houses the Connection Point transporting the individual to the other end of the Connection and the paired vessel. 

a. Each vessel must clearly display its destination port and realm in both written form (via signage) and realm-specific (via banners, flags, use of the realm’s color scheme, etc).

b. Each vessel may house only one (1) Maritime Fast-Travel Connection and may travel to only one (1) destination – each successive Maritime Fast-Travel Connection will require a separate pair of vessels. 

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.

1.2 The vanilla feature of lightning being accompanied by fire will be changed to remove fire from the action of a lightning strike.

_________________
Wysterian Labourer's Council
Currently Holding Stewardship of Wysteria

Minister for Applications and Settlement
Forums Administrator


Top
 Profile  
Reply with quote  
  Offline
PostPosted: July 20th, 2016, 8:47 pm 
King

Joined: February 24th, 2016, 8:29 pm
Posts: 563
Looks absolutely fantastic.


Top
 Profile  
Reply with quote  
Display posts from previous:  Sort by  
Post new topic Reply to topic  [ 38 posts ]  Go to page Previous  1, 2, 3, 4

All times are UTC [ DST ]


Who is online

Users browsing this forum: No registered users and 6 guests


You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot post attachments in this forum

Search for:
Jump to:  
Powered by phpBB® Forum Software © phpBB Group
Imperium - Modified by Rey phpbbmodrey