Constitution

For the text of the Constitution, see Law:Constitution of the Year I

The Constitution of the Principality of the Pillow Fortress, or the Constitution of the Year I (Constitution) is the second highest law of the Principality, subordinate to the State Charter but superior to the Pillow Fortress Code and any and all other laws. The third such document to establish government in the Pillow Fortress, the Constitution of the Year I succeeds the Summer and Autumn Constitutions, both of which were discarded using the Princess's power to disestablish a government that has become unworkable, though in practice the Constitution did not fundamentally change the nature of the government, but rather streamlined it.

Philosophy

The reasoning behind splitting the foundational documents of the Pillow Fortress into two is one of practical concerns. The State Charter consists of ideals, a description of what the state should be. Potential problems arise in the implementation of those ideals. It may be possible that the most effective means of achieving the goals of the State Charter are unknown to us, and so we are limited to only those means and methods of which we are aware. Already as the history of the Constitution shows, it is a document which is certain to be modified in the future as it has been in the past, perhaps even replaced for a fourth time. Had these two documents been merged into one, there would come the temptation to fix any political problems not with changing the implementation in the constitution, but rather by changing the ideals and therefore eliminating the need for whatever flawed implementation is causing the strife in the first place. Even if the ideals were entrenched clauses, surely those could still be amended, but in a roundabout way of changing the nature of entrenched clauses first, and then amending them. The separation of the foundational documents does not wholly eliminate the threat to the ideals of the Principality, but it makes them far safer as there's only a legal means to alter the subordinate, lesser document.

In terms of powers, the Constitution grants the government a broad scope, but with little in the way of specific implementation. For example, it establishes elections to the Directory but does not define a particular method or fixed schedule beyond simple term limits for Directors. This is done to relieve political pressure on the Constitution, which is relatively difficult to amend, and bring it to the Pillow Fortress Code, which can be changed through the regular processes of legislature, and thus lessen motivations to simply throw out the whole document and start over.

Content

Preamble

A brief preamble explains that the Princess has abolished the previous Autumn Constitution due to its failures and established this Constitution of the Year I to replace it, followed by the sincere hope that this will be the final constitution, being in force for the remainder of eternity.

Chapter I: State

The first chapter defines certain aspects of the Principality that were left vague in the State Charter, most notably its secular nature, as well as explicitly stating that regardless of any aspect or feature, the Pillow Fortress is still a sovereign and independent state. This in a sense is an implicit endorsement of the ideology of Peculiarism.

Chapter II: Legislature

The second chapter defines the Directory and its three advisory councils as the legislature, grants the Princess power to cast a tie breaking vote in any of them, and includes an article specifically meant to prevent filibusters.

Chapter III: Executive

The third chapter defines the Throne as the executive branch, and places the Princess as the head of it. The cabinet is defined, but no specific departments are established beyond a vague list of areas of responsibility that should have associated departments.

Chapter IV: Monarchy

The fourth chapter defines the monarchy and grants the Princess various powers necessary to effectively rule the Principality in addition to those powers already granted to her in the State Charter.

The qualities required to be eligible for the position of Princess are defined.

Circumstances in which it is possible to remove a reigning Princess from power are listed, including poor conduct and permanent incapacitation. A method for removal is also established.

Finally, the line of succession is defined as matrilineal primogeniture.

Chapter V: Regency

The fifth chapter defines a regency as the government ruling on behalf of the presumptive heir to the Throne who has not yet achieved the legal age to do so, as well as in some other circumstances such as temporary incapacitation of the reigning Princess.

Chapter VI: Libertine Party

The sixth chapter establishes the Libertine Party as independent of the government and grants it its monopoly on political power, as well as barring active members of the Pillow Fortress Armed Forces from joining. Also, if the Party proves to be hostile or corrupt, the Princess is empowered to abolish it.

Chapter VII: Citizens

The seventh chapter defines who is a citizen, how non-citizens may attain citizenship, and the rights, freedoms, and obligations of citizenship.

Chapter VIII: Law

The eighth chapter adds additional requirements for the passage of law, such as the Princess's assent, and restricts the Directory from passing certain kinds of laws. The Princess is granted the power to issue royal decrees which function as laws, but the Directory is empowered to overturn them via unanimous decision.

Chapter IX: Civil Service

The ninth chapter establishes a professional civil service.

Chapter X: Armed Forces

The tenth chapter defines the Pillow Fortress Armed Forces and grants the government the ability to create militaries for the purpose of defending the Principality's territory and interests.

Chapter XI: Welfare

The eleventh chapter states that the Principality must provide for the welfare of its citizens, while providing a mechanism to suspend such welfare in the event that the government is physically incapable of providing such.

Chapter XII: Judiciary

The twelfth chapter defines the judiciary and establishes the Xeer as the supreme court, and grants it the power of judicial review while also empowering the Princess and the Directory to establish inferior courts. This chapter contains a commitment to the principles of restorative justice, and restricts the use of retributive justice.

Chapter XIII: Territory

The thirteenth chapter grants the Pillow Fortress the right to acquire territory, to divide that territory into administrative divisions, and defines secession from the Principality as treason. Additionally, it grants all first level administrative divisions equal representation on the Council of Territory.

Chapter XIV: Amendment Process

The fourteenth and final chapter of the constitution establishes the process by which the Constitution may be amended, as well as, in the last article, noting how many times the Constitution has been previously amended and on what date the most recent amendment was.