Law:Summer Constitution
This entry consists of the verbatim text of a law formatted for view on the wiki. |
This law has been repealed or is otherwise null and void. |
Preamble
In accordance with Article II of the State Charter of the Principality of the Pillow Fortress, the First Princess does hereby establish this constitution as the highest law of the Principality, subject and subordinate only to the State Charter as per Article IX of that document. It shall come into force upon the signature of the First Princess.
Chapter I: State
I. The Principality of the Pillow Fortress is a sovereign, secular, constitutional monarchy with a female identified Princess as its head of state, head of government, and commander-in-chief of its military.
II. No law, treaty, or royal decree may alter in any way the sovereign, independent, secular, and monarchical character of the state.
III. Regardless of any of its aspects, features, or qualities, the Principality of the Pillow Fortress is a sovereign state entitled to all rights and privileges afforded to any other sovereign state, including but not limited to the right to exist, the right to self determination, and the right to defend itself, its citizens, and its interests.
Chapter II: Government
I. The government of the Pillow Fortress, which shall be known as the Directory, is empowered to govern the state.
II. The Directory shall be comprised of three advisory councils and one executive organization.
III. The first advisory council shall be the Council of Labor, tasked with advising the Princess on matters of economic importance. It’s membership shall consist of guilds representing each major sector of the economy. No guild may be disestablished without both its consent and the consent of the Princess, and no guild may be established without both the consent of the other guilds and the consent of the Princess.
IV. Each guild shall send an odd number of representatives no fewer than three and no greater than seven to the Council for the purposes of carrying out the duties of the guild as well as any and all ceremonial functions that may be set by law.
V. Guild membership is restricted to those who work in professions that are determined by law to be within that guild’s sector of the economy, and no one may be a member of more than one guild concurrently, or be a representative of a guild if they themselves have been a member of that guild for less than five years.
VI. Guilds act as single, collective entities. Their representatives, regardless of how many there are, cast a single, collective vote, have a single, collective opinion, and make a single, collective choice when acting in their official capacity. They are bound to follow the will of their guild as determined by the consensus of its members. Any representatives that do not do so may be recalled by their guild and replaced.
VII. Guilds may set additional requirements for representatives so long as any additional requirements, either individually or in aggregate, do not have the effect of discriminating based on race, ethnicity, origin, gender identity, sexual orientation, disability, or religion.
VIII. The second advisory council shall be the Council of State, tasked with advising the Princess on matters necessary for the maintenance of the state. These include matters of agriculture, community peacekeeping, culture, defense, education, foreign relations, health, housing, immigration and emigration, infrastructure and energy, justice, public services, religious affairs, science and technology, sport, security, and transportation.
IX. The above listed matters necessary for the maintenance of the state are not exhaustive. Should other matters necessary for the maintenance of the state be determined to exist, and if they do not infringe on those matters delegated to either the Council of Labor, the Council of Territory, or royal prerogative, the Council of State may advise the Princess on those matters as well.
X. Membership in the Council of State shall be of individuals who are qualified experts in those matters determined to be necessary for the maintenance of the state, with the exact means of their selection being determined by law.
XI. The third advisory council shall be the Council of Territory, tasked with advising the Princess on matters regarding the effective and proper governance of the territories of the state.
XII. All first level administrative divisions, those fully integrated and annexed into the state, shall have representation in the Council in order to facilitate mutual understanding and coordination between them.
XIII. The creation of new territories, the changing of borders of existing territories, and how territories are internally governed are among those matters of which the Council may advise the Princess.
XIV. Second level administrative divisions, third level administrative divisions, colonies, protectorates, client states, and any other territory of the state either annexed, occupied, or claimed may have representation in the Council if so granted by law.
XV. The executive organization of the state shall be known as the Throne.
XVI. The head of the Throne shall be the reigning Princess, and she shall hold real and absolute authority within it.
XVII. Based on recommendations by the advisory councils regarding the matters of which they are delegated to give advice, the Princess shall appoint individuals to her cabinet, where each cabinet appointment is the head of a department that manages, oversees, and conducts the business pertaining to a broad but related matter of importance to the maintenance of the state.
XVIII. The creation of new cabinet level appointments requires the consent of that advisory council which gives advice on the matter for which the appointment would manage, oversee, and conduct the business of.
XIX. Cabinet appointments, while recommended by the advisory councils, serve at the pleasure of the Princess, and may be dismissed by her. If a cabinet appointee is so dismissed, the Princess is required to deliver a letter explaining her reasons for the dismissal to the advisory council that recommended the appointee.
XX. The Princess may, in times of emergency, make temporary cabinet appointments based on her own judgment. After a period of no longer than six months, the temporary appointee is to be reviewed by the advisory council whose appointee they have replaced, and if it is determined that the emergency is over, the advisory council may make a recommendation for a new cabinet appointee.
XXI. The Princess may, at her own discretion, appoint individuals to the Throne in non-cabinet level capacities for the purposes of her personal advisement, care, enlightenment, entertainment, or for carrying out any tasks she deems necessary for the efficient and effective operation of the Throne.
Chapter III: Princess
Chapter III: Princess
I. The Princess is the head of state, head of government, and commander-in-chief of the military.
II. In her role as head of state, the Princess is the physical embodiment of the state, its culture, its citizens, and all other aspects of it. She owns the state as her personal property, including all territory and government possessions.
III. In her role as head of government, the Princess is the supreme leader of the state, and has a duty to it and to its citizens to govern wisely, and to fulfill her promises as laid out in Articles IV and V of the State Charter.
IV. In her role of commander-in-chief of the military, the Princess has total and ultimate control over the military. Though she be a civilian, all officers and enlisted personnel shall be honor and oath bound to follow her orders, and the orders of those she may legally empower to conduct military affairs on her behalf.
V. The Princess must identify as female, be sixteen years of age or older, be of sound mind and body, be a citizen of the state, renounce any and all titles of nobility she may have been granted by foreign states prior to her assuming the throne, resign any position of power or prestige within any foreign governments she may hold, and be the legally designated heir to the throne as per the order of succession.
VI. If a person who would otherwise be in the line of succession does not meet one or more of the above qualities, they are ineligible to be Princess of the Pillow Fortress, and the line of succession will move on to the next possible candidate.
VII. In addition to any other power or prerogative laid out in this constitution, the Princess shall also have the power to give honors and grant titles of nobility, to appoint diplomats and to engage in diplomatic relations with foreign states and organizations, to issue letters of marque and reprisal, to remove individual members of the advisory councils, to grant pardons, to grant citizenship, to collect taxes, to acquire new territories, and to declare state holidays.
VIII. The Princess may empower individual representatives or Throne organizations to exercise her powers in her name and on her behalf.
IX. Such empowered individuals and organizations may have their powers revoked by the Princess at her discretion.
X. Such empowered individuals and organizations may only exercise their powers in a manner set by law.
XI. A Princess may be removed from power and stripped of her title under the following conditions:
- i. She has committed an overt and explicit act that would result in the imminent destruction of the state.
- ii. She has become permanently incapacitated or otherwise medically incapable of fulfilling her duties.
- iii. She has been found guilty of personally committing the crime of murder.
- iv. She has voluntarily and without undue influence chosen to abdicate the throne.
- v. She has been found to have assumed the throne fraudulently or under false pretenses.
- vi. She no longer has all the qualities of a Princess as laid out in this constitution.
- vii. She has failed to fulfill her promises as per Articles IV and V of the State Charter.
XII. In the event that there is a reasonable cause to suspect that any of the conditions for removal have been met, the advisory councils shall, upon a unanimous decision among them, convene a public hearing wherein any and all evidence shall be presented, witnesses shall be questioned, and the Princess shall be given the opportunity to defend herself. If after this hearing the advisory councils are unanimous in their belief that any of the conditions for removal have been met, they shall present their case for trial in the Supreme Court. In such a trial, the Princess shall not act as judge, but shall have the same ability to defend herself as any defendant before the Supreme Court. If the court rules that the Princess has met any of the conditions for removal, she shall be immediately stripped of her title and relieved of any positions she may hold within the Directory, the military, and the Libertine Party.
XIII. In the event that the Princess has voluntarily and without undue influence chosen to abdicate the throne, she may be removed from power and stripped of her title upon unanimous approval of the advisory councils.
XIV. In the event that there is a reasonable cause to suspect that any of the conditions for removal have been met while an ongoing state of emergency has precluded the process for removal as laid out in this constitution, the advisory councils may request the temporary removal of the Princess. If a six-eighths majority of the cabinet appointees approve, the Princess shall be removed from power for a time not exceeding one year. She shall retain her title during this period.
XV. During such time she has been temporarily removed from power, no law, treaty, or royal decree may alter in any way the powers, statuses, rights, privileges, or prerogatives inherent to the title of Princess.
XVI. If after one year since her temporary removal from power, the process for removing a Princess as laid out in this constitution has not occurred, the Princess shall have her powers fully reinstated.
XVII. As soon as a reigning Princess has died, abdicated, or otherwise been permanently removed from power and stripped of her title, a new Princess shall assume the throne in accordance with the line of succession laid out in this constitution.
XVIII. As the founder of the state and its First Princess as per Article I of the State Charter, Julia Platz-Halter is the starting point for the line of succession, which shall take the form of matrilineal female primogeniture.
XIX. All successors that are descendents [sic] of the First Princess must take Platz-Halter as their surname upon assuming the throne.
XX. No successor to the First Princess may inherit or be granted the title of First Princess.
XXI. In the event that there are no viable heirs to the reigning Princess, and matrilineal female primogeniture on their line will not produce a successor, then and only then may the advisory councils, in consultation with the Libertine Party, recommend a woman outside the line of succession to assume the throne. Upon unanimous approval by the cabinet appointees, she shall be granted the title of Princess.
Chapter IV: Regency
I. In the event that the reigning Princess dies, abdicates, is removed from power and stripped of her title, becomes permanently incapacitated, or the heir who would otherwise assume the throne is below the age of sixteen, the cabinet appointees shall establish a regency to act on the Princesses behalf until such time that the heir in the line of succession is ready, willing, and able to assume the throne.
II. Should the reigning Princess become temporarily incapacitated, a regency shall be established until such time as the Princess is capable of exercising her powers again.
III. Upon the establishment of a regency, the cabinet appointees shall, through two-thirds majority decision, choose one from among them to serve as Regent. The Regent shall then act on the Princesses behalf and with her powers as laid out in this constitution, except for the power to issue royal decrees and the power to consent to constitutional amendments.
IV. No individual shall serve as Regent for more than seven months, and no individual shall serve as Regent that has served as Regent in the five years before they otherwise would serve as Regent.
V. A Regent may be removed from power by unanimous decision of the advisory councils, or by a two-thirds majority decision in a public referendum.
Chapter V: Libertine Party
I. The Libertine Party, as established by the First Princess, is the only legal political party of the state, and all Directory appointees, members of the advisory councils, and the Princess herself must be members in good standing.
II. The Libertine Party will hold its privileged position within the state so long as the Princess is its leader, holding real and absolute authority within the party, and so long as it serves the state in accordance with the promises listed in the State Charter.
III. In the event that the Libertine Party becomes hostile, overtly or covertly, to either the Princess or the State, it shall be disbanded, its members removed from all offices within the government and barred from ever serving in any appointment within the state. A new political party with the Princess as its leader shall be formed that may better serve the Princess and the state.
IV. Active duty officers and enlisted personnel within the military are banned from membership within the Libertine Party. Retired or discharged military personnel may only join no less than five years after their retirement or discharge.
Chapter VI: Citizens
I. All individuals that were born within the territory of the state, or have at least one parent who is a citizen of the state, or became citizens through means set out by law, or were granted citizenship by the Princess are citizens of the state.
II. Once granted, citizenship cannot be revoked by the state, except in the case of a conviction for treason against the Princess.
III. There is only one class of citizenship, and all citizens are equal in their rights, freedoms, and obligations regardless of the method by which they acquired citizenship.
IV. As per Article VI of the State Charter, citizens are bound to accept the social contract. And as per Article V of the State Charter, rejection of the social contract is tantamount to the renunciation of citizenship.
V. All citizens have a right to renounce their citizenship, except in the event that such renunciation is an obvious and unambiguous attempt to avoid legal judgment in a court of the state.
V. All citizens are equal under the law regardless of race, ethnicity, origin, gender identity, sexual orientation, disability, or religion.
VI. All citizens shall have the right of free association, freedom of bodily autonomy, freedom of assembly, freedom of expression, freedom to petition the government for a redress of grievances, and freedom of movement within the territory of the state.
VII. All citizens shall be secure in their persons, houses, papers, and effects against unreasonable searches and seizures, and no warrants shall be issued except with probable cause supported by oath and particularly describing the place to be searched, and the persons or things to be seized.
VIII. All citizens shall have the right to a speedy and public trial by an impartial panel of judges, and be informed of the nature and cause of the accusation, and to be confronted with the witnesses against them, and to have compulsory process for obtaining witnesses in their favor, and to have the assistance of counsel for their defense.
IX. No citizen shall be compelled in any criminal case to be a witness against themselves, or be deprived of life, liberty, or property, without due process of law, neither shall personal possession be taken for public use without just compensation.
X. All citizens shall be free of the threat or use of excessive bail, excessive fines, cruel and unusual punishment, and execution.
XI. All citizens aged sixteen and older shall have the right to marry regardless of race, ethnicity, origin, gender identity, sexual orientation, disability, or religion.
XII. All citizens shall have the right to change their name and their gender.
XIII. All citizens shall have the right to birth control up to and including abortion, and all citizens so afflicted by diseases and conditions of which there are no medically recognized treatments shall have the right to take their own life with dignity.
XIV. All citizens shall have the right to be free from slavery and involuntary servitude.
XV. Citizens have the rights and freedoms laid out in this constitution only in their capacity as individuals. No organization, regardless of its form, function, age, size, membership, or any other distinguishing features, shall have the rights and freedoms laid out in this constitution, but only those rights and freedoms granted by law, and only if those rights and freedoms do not result in the gross infringement on the rights and freedoms of individual citizens.
XVI. As per Article VI of the State Charter, citizens are bound to accept those roles which the First Princess and future Princesses may establish. Such roles include but are not limited to the obligations in this constitution.
XVII. All citizens are obligated to be loyal to the Princess, those individuals she has empowered and appointed, and the state.
XVIII. All citizens are obligated to follow the laws of the state.
XIX. All citizens are obligated to, if so called upon, aid in the defense of the Princess and the state in whatever capacity may be asked of them.
XX. All citizens are obligated to follow the State Charter and this constitution.
Chapter VII: Justice
I. The advisory councils shall have the ability to propose laws. Laws so proposed require the consent of the Princess to enter into force.
II. The Princess may withhold her consent on any law, either in whole or in part.
III. The advisory councils shall propose no ex post facto law, neither shall the advisory councils propose any bill of attainder, or any other law that is in conflict with or contradicts either the State Charter or this constitution.
IV. Regulations and policies set by the various cabinet departments and their subordinated entities shall have the force of law so long as they are themselves set in accordance with law and do not otherwise conflict with or contradict either the State Charter, this constitution, or laws previously proposed by the advisory councils and given consent by the Princess.
V. Regulations and policies set by the various cabinet departments and their subordinated entities may be overturned by the Princess on the advice of the advisory councils or on her own judgment.
VI. The Princess may issue royal decrees which shall have the force of law so long as they do not conflict with or contradict the State Charter or this constitution. Any royal decree issued by the Princess is subject to the same restrictions as laws proposed by the advisory councils.
VII. The advisory councils may overturn a royal decree with a unanimous decision.
VIII. The Supreme Court shall be the highest court of the state and the sole court with the power to determine whether or not laws are in conflict with or contradict either the State Charter or this constitution.
IX. The Princess shall by right have a seat on the Supreme Court, whose total membership shall be an odd number not less than five and no greater than twenty-one.
X. The other judges of the Supreme Court shall be appointed by the Princess on the advice of the advisory councils from among a college of potential candidates that meet the following conditions:
- i. All candidates to the Supreme Court must have practiced law within the state for no less than fifteen years prior to appointment to the Supreme Court.
- ii. All candidates to the Supreme Court must be no younger than thirty-three years of age, and no older than seventy-six years of age. Any judge already on the Supreme Court that reaches the age of seventy-six is automatically retired and must be replaced.
- iii. All candidates to the Supreme Court must be citizens of the state, and have no prior record of committing treason or waging war against the state.
XI. In the event that there are no candidates to the Supreme Court that meet all the conditions laid out in this constitution such that the Supreme Court would otherwise have less than three members, the Princess shall be empowered to act as sole judge until such time as additional judges can be appointed.
XII. So long as the First Princess is a judge on the Supreme Court, her ruling shall be the Court’s ruling, regardless of what ruling may otherwise have been made by the Court.
XIII. The advisory councils, with the consent of the Princess, may establish other courts for the purposes of judging civil, criminal, maritime, international, military, or any other sort of legal case as is deemed necessary for the stable and just functioning of the state and of society.
XIV. In the case of so established courts, those citizens within a court’s jurisdiction may, through public referendum, recall any judge of that court so long as such recall would be understood by any reasonable observer to the proceedings to not be undertaken for the purpose of discriminating against that judge on the basis of race, ethnicity, origin, gender identity, sexual orientation, disability, religion, or any other protected class established by law.
XV. Any judge appointed to an established lower court must meet all the qualities of a Supreme Court judge as laid out in this constitution. Additional qualities may be set depending on the sort of court the judge shall be presiding over, so long as those additional qualities do not individually or in aggregate negate any of the qualities for judges already laid out in this constitution.
XVI. Judges shall adjudicate based on the spirit of the law in such instances that a technicality based upon plain reading of the law would otherwise result in a miscarriage of justice.
Chapter IX: Welfare
I. Responsibility for the welfare of the state and of its citizens falls upon the Directory in general, and the Throne in particular.
II. Forms of welfare that the Directory must provide to all its citizens are:
- i. Robust and efficient networks of public transportation.
- ii. A system of single-payer healthcare.
- iii. Access to electricity, and a stable and network neutral internet.
- iv. Access to services required for living a dignified life, including waste removal, fire fighting, and postal services.
- v. A regular income, as well as additional income for newlyweds, and those that are retired, or are unable to work.
- vi. Safe and livable shelter.
III. The above list of welfare provisions is not exhaustive, and the Directory may institute additional forms of welfare determined to be necessary for the stability and just maintenance of the state.
Chapter X: Amendment Process
I. The advisory councils may, through unanimous decision, recommend specific amendments to this constitution. Any amendments so recommended must then receive at minimum a six-eighths approval in a plebiscite open to all citizens aged sixteen or older. If and only if that precondition is met, and with the consent of the Princess, may the amendment be made to this constitution.
II. No amendment to this constitution may conflict with or contradict the State Charter.
III. Any and all future amendments to this constitution are to be placed under Chapter XI of this constitution.