The Imperial Constitution


  • Minister Imperial Monarch Admin

    Explanation

    The Constitution is the fundamental law of the region. It defines the roles and powers of the various branches of government, and their officers.

    Imperial Coat of Arms

    The Austro-Hungarian Imperium

    The Imperial Constitution

    July 2019


    Under the powers granted to the Imperial Crown of the Austro-Hungarian Imperium, by the Grace of God and with the consent of the subjects of the realm, the following is hereby declared to be the fundamental law of the realm, to which all laws, no matter their stated purpose, shall and will abide. As follows…

    Article I

    Citizens of the Realm

    Explanation

    Article 1 outlines the rights and duties of citizens, including the conditions under which citizenship is granted.

    1. A “Citizen” is hereby declared as a member of the realm that has fulfilled, and continues to fulfill, the following conditions:

      a) A nation in the NationStates region,

      b) Approval by the Crown, or delegated official, to forum citizenship.

    2. All citizens shall be given access appropriate to their status, duties, and privileges in the communication forums used by the Imperium.

    3. All citizens shall have freedom of thought, freedom of speech and freedom of expression, unless such freedoms infringe on the rights of another, or if such freedoms endanger the security and stability of the realm.

      a) Forum, and communication, Administrators may restrict certain expressive freedoms, for the enforcement of general conduct and decency, in line with applicable guidelines and legislation.

    4. All citizens shall have the right to run, and vote in elections, for all public officials, if they meet the legal requirements.

    5. All citizens have the right to equal protection and representation under the law, regardless of any personal conditions, which include, but are not limited to, race, gender, identity, sexual orientation, physical or mental disability, or age.

    6. All citizens have the right to privacy unless such privacy prevents the government of the realm from protecting the realm or Her citizens.

    7. All citizens have the right to a fast and fair trial, in the full view of the public. No citizen shall be tried for the same crime twice unless fundamental evidence is discovered which could alter the verdict.

    8. All citizens have the right to free and uninhibited family life, under the same conditions and restrictions of (5) or (6)

    Article II

    The Imperial Crown

    Explanation

    Article 2 outlines the supreme position of the Imperial Crown, including its powers. It also outlines the titles of the current holders, the heirs, and the procedure for succession.

    1. The Imperial Crown of the Austro-Hungarian Imperium shall be the source of all executive, legislative, and judicial power and responsibility within the realm.

    2. The Imperial Crown shall have the power to call elections for, and extend or shorten the term of, the Reichstag.

    3. The Imperial Crown shall have the power to promulgate Imperial Proclamations bearing the full force of law on any area unless restricted by this document. The Reichstag may overturn any Imperial Proclamation with a two-thirds vote, along with the co-signature of the Chancellor.

    4. The Imperial Crown shall have the power to appoint, dismiss, promote or demote members of the nobility, and may appoint members of the nobility to the Reichstag.

    5. No measure of the Reichstag shall be passed without the assent of the Imperial Crown.

    6. The Imperial Crown shall invite a member of the Reichstag, who carries the support of the majority of the Reichstag, to be the head of Their Majesties’ Government, with the title of Chancellor.

    7. Upon the suggestion of the Chancellor, the Imperial Crown may appoint members of the Cabinet to handle areas of executive responsibility.

    8. The Imperial Crown shall have the power to appoint, and dismiss, members of its Council of State at discretion. All Ministers and the Chancellor shall be members of the Council, for the duration of their term.

    9. The Imperial Crown shall be the final court of arbitration for all matters of law, criminal and civil. As such, appeals from the Reichskammergericht shall be heard by the Crown.

    10. The Imperial Crown shall appoint and manage the forum and communication management team, including Administrators. The Imperial Crown shall also appoint the World Assembly Delegate, following consultation with their Council of State.

    11. The powers of the Imperial Crown shall be executed by the two monarchs of the realm, in joint and sound mind.

      a) The two monarchs of the Crown shall be the Archduke of Austria and the King of Hungary, who shall simultaneously be the head of the ruling house.

      b) Each monarch shall have their own designated heir, with the heir to the Austrian throne being the Duke of Vienna, and the heir to the Hungarian throne being the Prince of Óbuda.

      i) The Duke of Vienna and the Prince of Óbuda shall, disregarding any and all ranks of the nobility, be regarded as being of the same rank.

      ii) Upon the abdication, removal or death of a monarch, the Council of State shall meet to confirm and declare the accession of the new monarch. Should no heir be designated, the Council of State shall meet with the remaining monarch and shall choose a new monarch. Should both monarchies be vacant, the eldest child of the monarchs shall succeed, in a manner that ensures that both monarchs are different people.

      c) The monarchs shall only rule unanimously, and shall not rule unilaterally unless delegated areas of responsibility are established. In such a case, one monarch's actions may be overturned by the other.

    Article III

    The Reichstag

    Explanation

    Article 3 establishes the regional legislature, known as the Reichstag. It is given the power to pass bills, which require the assent of the Imperial Crown to go into effect. A minimum size of three elected members is established, and the office of President is also defined.

    1. The Reichstag shall be the primary legislative body within the realm and shall determine its internal procedures via statute, or subsidiary instruments.

    2. There shall be a minimum of 3 elected members, with the number elected decided by the Crown, unless legislated otherwise.

      a) Should the Crown create more seats during the term of a Reichstag, and should there be more than half of the term remaining, then a by-election shall be held for the empty seats. A by-election may further be held at the discretion of the Crown, after consultation with the President of the Reichstag.

    3. The Reichstag shall hold a term of 60 days unless otherwise lengthened or shortened by the Crown, following consultation with the Council of State, or at the request of the Chancellor.

    4. The Reichstag shall be charged with creating, repealing, and amending the laws of the realm.

    5. Their Majesties’ Government shall be subject to holding a majority of support within the Reichstag, except in extraordinary circumstances.

    6. The Reichstag shall heed the concerns of the citizens of the realm, and shall give and heed advice to the Crown where appropriate.

    7. Only citizens of the realm may be members of, and run for, the Reichstag.

    8. The Reichstag shall, at the start of each session, or when the chair falls empty, internally appoint a member as the President of the Reichstag.

      a) The President shall be charged with moderating discussion, enforcing internal procedure and holding votes. After a bill is passed, they shall be charged with presenting it to the Crown for assent.

    Article IV

    Their Majesties’ Government

    Explanation

    Article 4 outlines the role, power, and formation conditions of Their Majesties' Government, which serves as the executive government. The Crown is asked to appoint a Chancellor, who is subject to holding the 'confidence' of the Reichstag (meaning they cannot lose a vote regarding their administration). In addition, the titles and appointment of ministers is outlined.

    1. The Crown shall, when appropriate, invite a member of the Reichstag, who holds the confidence and consent of the majority, to form a government in the name of the monarchs.

    2. After heeding advice from Their Majesties, the Chancellor shall present a list of Reichstag members they wish to be part of the government, with areas of responsibility designated.

      a) Upon approval from Their Majesties, the listed members shall be named as Ministers, and shall hold the title of Minister of [Responsibility]. Second-level officials shall hold more specific areas of responsibility, and shall be styled as the Secretary of State for [Responsibility],

      i) The Chancellor may, if deemed appropriate, seek approval from the Reichstag to appoint a citizen of the realm who does not hold a Reichstag seat as a Minister.

      b) The appointed Ministers shall compose the Imperial Cabinet of Their Majesties’ Government and all Ministers shall be members of the Council of State during their term,

      c) All cabinet meetings shall be chaired by the Chancellor, and all Ministers shall attend. Their Majesties shall also be invited to attend cabinet meetings.

    3. The government shall exercise the executive power of the Crown, as delegated and approved by the Crown.

    4. During times where it is impossible to form a government through the usual means, the Crown may take measures to ensure a functioning government.

      a) Such measures may temporarily modify sections of this document, where required and appropriate.

    Article V

    Reichskammergericht

    Explanation

    Article 5 establishes the judicial branch, named the Reichskammergericht, which is given original jurisdiction over criminal and civil matters. The Imperial Crown, on advice, appoints the three member panel.

    1. The court of the realm, for all criminal and civil matters, shall be the Reichskammergericht.

    2. Its membership shall consist of the Chief Justice, who shall chair the court, who shall serve for a 6 month term, and 2 Associate Justices, who shall serve 3 month terms.

    3. Appointments to the Reichskammergericht shall be made by the Crown, upon heeding advice from the government, the Council of State and the Reichstag.

    4. Appeals from the Reichskammergericht shall be heard by the Crown.

    5. The style of address for members of the Reichskammergericht shall be “Your Worship”, and they shall be appointed to the Council of State upon appointment, if not already a member.

    Article VI

    The Council of State

    Explanation

    Article 6 establishes the legal advisory body to Their Imperial Majesties. It is named the Council of State, and excepting the members of the court and government, its members are chosen by Their Majesties. Elsewhere in law, orders that allow for certain government actions to be taken are 'laid before' the Council of State.

    1. The chief advisory body to the Crown shall be the Council of State.

    2. Its membership shall be entirely decided by the Crown, or as designated in this document.

    3. The Council of State may be granted the power to exercise some of the Crown’s prerogative, as proclaimed by the Crown.

    Article VII

    Amendments

    Explanation

    The final article outlines the limits and procedures for amendment, in addition to the power of the Crown to suspend sections of the document for 30 consecutive days (unless extended).

    1. This document may only be amended by the Reichstag via a 2/3 majority vote, assent from the Crown, and the citizens of the realm via referendum, requiring a simple majority voting in the affirmative.

      a) In times of crisis, the Crown may suspend sections of this document for up to 30 consecutive days, which may be renewed any number of times with the agreement of the Council of State.

    2. All amendments must be recorded, and each iteration of this document recorded and archived.

    3. A legal instrument may be declared Fundamental Law by the Crown or the Reichstag upon passing, and as such will be subject to the conditions laid out in (1) and (2).


    SIGNED INTO LAW ON THE TWENTY-FOURTH DAY OF JULY, IN THE HOLY YEAR OF TWO THOUSAND AND NINETEEN BY THEIR MAJESTIES:

    Signature of HIM Simon

    His Imperial Majesty, Simon Kuznetsov, Archduke of Austria, Protector of the Realm and Emperor of All Romans

    Signature of HIM Lewis

    His Imperial Majesty, Lewis Kuznetsov, King of Hungary, Protector of the Realm and Emperor of All Romans


Log in to reply
 

Did you know we have a Discord?
Click here to join!

Online Users