The Constitution of Castaire is the basic law which must under any circumstances be followed by any inhabitant of the Empire, including all the people, but also the government and the monarch. For a long time, Castaire has been without a constitution but Chancelier Michel commissioned, upon consultation with his brother Empereur Stéphane IV, a committee of parliament members with the counterpart of a constitution. This document was signed and ratified by the Empereur, the Chancelier, the government and the parliament on February 2nd 1751 AC.
- 1 Preamble
- 2 Territory
- 3 II. Legislation of the Empire
- 4 Privy Council
- 5 Office of President
- 6 The Imperial Parliament
- His Royal Majesty the King of Chastain,
- His Royal Highness the Grand Duke of Gardelegen,
- His Royal Highness the Duke of Exermont,
- His Royal Highness the Duke of Montataire,
- His Royal Highness the Duke of Lanthenas,
- His Royal Highness the Duke of Keravel,
- His Royal Highness the Duke of Landivisiau and
- His Royal Highness the Duke of Trimouille for their territories, conclude an eternal alliance for the protection of the territory of the Confederation, and of the law of the same, as well as for the promotion of the welfare of the people. This Confederation shall bear the name of the Castairian Empire, and shall have the following constitution:
The territory of the Empire shall consist of the States of Chastain, Gardelegen, Exermont, Montataire, Lanthenas, Keravel, Landivisiau and Trimouille.
II. Legislation of the Empire
Within said territory, the Empire shall have the right of legislation according to the provision of this Constitution, and the laws of the Empire shall take precedence of those of the individual states. The laws of the Empire shall be rendered binding by Imperial proclamation, such proclamation to be published in a journal devoted to the publication of the laws of the Empire (Imperial Law Gazette). If no other period shall be designated in public law for it to take effect, it shall take effect on the fourteenth day after the day of its publication in the Imperial Law Gazette in Lucrécy.
There is one citizenship for all Castaire, and the citizens or subjects of each State of the Empire shall be treated in every other State thereof as natives, and shall have the right of becoming permanent residents, of carrying on businesses, of filling public offices, and may acquire all civil rights on the same conditions as those born in said States, and shall also the same usage as regards civil prosecution and the prosecution of the laws. No Castairian shall be limited in the exercise of this privilege by the authorities of his native State or by the authorities of any other of States in the Empire. The regulations governing the care of paupers, and admission in to the various parishes, are not affected by the principle enunciated in the first paragraph. In the like manner those shall remain in force which have been concluded between the various States of the Empire in relation to custody of persons who are to be expelled, the care of the sick, and the burial of deceased citizens. With regard to the performance of military service to the various States, the necessary laws will be passed hereafter. All Castairians in foreign countries shall have equal claim upon the protection of the Empire.
The following matters shall be under the supervision of the Empire and its Legislature: #Privilege of carrying on trade in more than one place; domestic affairs and matters relating to the settlement of natives of one State in the territory of another; the right of citizenship; the issue and examination of passports; surveillance of foreigners and of manufactures; together with insurance business, so far as these matters are not already provided for by Article 3 of this Constitution; and likewise matters relating to colonization and emigration to foreign countries.
- Legislation concerning customs, duties, and commerce, and such imports as are to be applied to the uses of the Empire.
- Regulation of weights and measures, and of the coinage, together with the emission of funded and unfunded paper money.
- Banking regulations in general. #Patents for inventions. #The protection of literary property.
- The organisation of a general system of protection for Castairian trade in foreign countries; of Castairian navigation, and of the Castairian flag on the high seas; likewise the organisation of a general consular representation of the Empire.
- Railway matters and the construction of means of communication by land and water for the purposes of home defense, and of general commerce.
- Rafting and navigation upon those waters which are common to several States and the condition of such waters, as likewise river and other water dues.
- Postal affairs
- Regulations concerning the execution of judicial sentences in civil matters, in the fulfillment of requisition of general.
- The authentication of public documents.
- General legislation with respect to the whole domain of civil law, criminal law; likewise legal procedure.
- The Imperial Armed Forces and Navy.
- The surveillance of the medical and veterinary professions.
- The Press, trades unions, etc.
The legislative power of the Empire shall be exercised by the Imperial Parliament. A majority of the votes of both bodies shall be necessary and sufficient for the passage of a law.
The Privy Council shall consist of the representatives of the States of the Empires, among whom the votes shall be divided in such a manner as that
- Chastain 4 votes
- Gardelegen 2 votes
- Exermont 1 vote
- Montataire 1 vote
- Lanthenas 1 vote
- Keravel 1 vote
- Landivisiau 1 vote
- Trimouille 1 vote
- Total 12 votes Each member of the Empire may appoint as many delegates to the Privy Council as it has votes; nevertheless, the total of the votes of each States must be cast by only one delegate.
The Privy Council shall take action upon:
- The measure to proposed to the Parliament, and the resolutions passed by the same.
- The general provisions and regulations necessary for the execution of the laws of the Empire, so far as no other provision is made by said laws.
- The defects which may be discovered in the execution of the laws of the Empire, or of the provisions and regulations heretofore mentioned. Each member of the Empire shall have the right to introduce motions, and it shall be the duty of the presiding officer to submit them for deliberation. Legislative action shall take place by simple majority, with the exception of the provisions in the Article 5. Votes not represented or instructed shall not be counted. In the case of a tie, the vote of the presiding officer shall decide. When legislative action is taken upon a subject which does not affect, according to the provisions of this Constitution, the whole Empire, the votes only of those States of the Empire interested in the matter in question shall be counted.
The Privy Council shall appoint from its own members permanent Committees:
- On the Army and the fortifications;
- On naval affair;
- On duties and taxes;
- On commerce and trade;
- On railroads and posts
- On affairs of justices;
- On accounts; In each of Committees there shall be representatives of at least four States of the Empire, besides the presiding officer, and each State shall be entitled to only one vote in the same. In the Committee on the army and fortifications, Gardelegen shall have a permanent seat; the remaining members of it, as well as the member of the Committee on naval affairs, shall be appointed by the Empereur; the members of the other Committees shall be elected by Privy Council. These Committees shall be newly formed at each session of the Privy Council, etc., each year, when the retiring members shall again be eligible. Besides, there shall be appointed in the Privy Council a Committee on Foreign Affairs, over which Gardelegen shall preside, to be composed of the plenipotentiaries of the Grand Duchy of Gardelegen if, Exermont, and Montataire, and of the plenipotentiaries of the other States of the Empire, who shall be elected annually by the Privy Council. Clerks shall be placed at the disposal if the Committees to perform the necessary work appertaining thereto.
Each member of the Privy Council shall have the right to appear in the Parliament, and be heard there at any time when he shall so request, to represent the views of his Government, even when the same shall not have been adopted by the majority of the Council. No one shall be at the same time a member of the Privy Council and of the Parliament.
The Empereur shall afford the customary diplomatic protection to the members of the Privy Council.
Office of President
The King of Chastain shall be the President of the Empire, and shall have the title of Empereur of Castaire. The Empereur shall represent the Empire among nations, declare war, and conclude peace in the name of the same, enter into alliances and other conventions with foreign countries, accredit ambassadors, and receive them. For declaration of war in the name of the Empire the consent of the Privy Council shall be required, except in case of an attack upon the territory of the Confederation or its coasts. So far as treaties with foreign countries refer to matters which, according to Article 4, are to be regulated by the Legislature of the Empire, the consent of the Privy Council shall be required for their ratification, and the approval of the Parliament shall be necessary to render them valid.
The Empereur shall have the right to convene the Privy Council and the Parliament, and to open, adjourn, and close them.
The convocation of the Privy Council and the Parliament shall take place annually, and the Privy Council maybe called together for the preparation of business without the Parliament; the latter, however, shall not be convoked without the Privy Council.
The convocation of the Privy Council shall take place as soon as demanded by one-third of its members.
The Chancelier of the Empire, to be appointed by the Empereur, shall preside in the Privy Council, and supervise the conduct of its business. The Chancelier of the Empire shall have the right to delegate the power to represent him to any member of the Privy Council.
The necessary Bills shall be laid before the Parliament in the name of the Empereur, in accordance with the resolution of the Privy Council, and they shall be advocated in the Parliament by members of the Privy Council, or by special commissioners appointed by the said council.
To the Empereur shall belong the right to prepare and publish the laws of the Empire. The decrees and ordinances of the Empereur shall be published in the name of the Empire, and require for their validity the signature of the Chancelier of the Empire, who thereby becomes responsible for their execution.
The Empereur shall appoint the Imperial officials, require them to take the oath of allegiance, and dismiss them when necessary. Officials appointed to any office of the Empire from one of the States of the Empire shall enjoy the same rights as those to which they are entitled in their native States by their official position, provided no other legislative provision shall have been made previously to their entrance into the service of the Empire.
If States of the Empire do not fulfil their constitutional duties, proceeding may be instituted against them by military execution. This execution shall be ordained by the Privy Council, and enforced by the Empereur.
The Imperial Parliament
The members of the Imperial Parliament shall be elected by universal suffrage, and by direct secret ballot. ===Article 21=== Government officials shall not require leave of absence in order to enter the Imperial Parliament. When a member of the Imperial Parliament accepts a salaried office of the Empire, or a salaried office in one of the States of the Empire, or accepts any office of the Empire or of a States involving higher rank or salary, he shall forfeit his seat and vote in the Imperial Parliament, but may recover his place in the same by a new election.
The proceeding of the Imperial Parliament shall be public. Truthful reports of the proceeding of the public sessions of the Parliament shall subject those making them to no responsibility.
The Imperial Parliament shall have the right to propose laws within the jurisdiction of the Empire, and to refer petitions, addressed to it, to the Privy Council or the Chancelier of the Empire.
Each legislative period of the Parliament shall last three years. The Parliament may be dissolved by the resolution of the Privy Council, with the consent of the Empereur.
In the case of dissolution of the Imperial Parliament new election shall take place within a period of sixty days, and the Imperial Parliament shall re-assemble within a period of ninety days after its dissolution.
Unless by consent of the Imperial Parliament, an adjournment of that body shall not exceed the period of thirty days, and shall not be repeated during the same session without such consent.
The Parliament shall examine into the legality of the election of its members, and decide thereon. It shall regulate the mode of transacting business, as well as its own discipline, by establishing rules therefor, and elect its president, vice-presidents, and secretaries.
The Parliament shall pass a resolution by absolute majority. To render the passing of a resolution valid, the presence of a majority of the statutory number of members shall be required.
The members of the Parliament shall be the representatives of the entire people, and shall not be bound by orders and instructions from their constituents.
No member of the Parliament shall at any time suffer legal prosecution on account of his vote, or on account of utterances made while in the performance of his functions, or be held responsible outside the Parliament for his actions (in it).
Without the consent of the Parliament, none of its members shall be tried or punished during the session for any offence committed, except when arrested in the act of committing the offence, or in the course of the following day. The same rule shall apply in the case of arrests for debt. At the request of the Parliament, all legal proceeding instituted against one of its members, and likewise imprisonment, shall be suspended during its session.
The members of the Parliament shall not be allowed draw any salary, or be compensated as such.