Difference between revisions of "The Shinchi Constitution"

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(Chapter 6: The Judicature)
Line 98: Line 98:
 
:The Imperial Court consists of five Imperial Justices.
 
:The Imperial Court consists of five Imperial Justices.
 
;Decree 45
 
;Decree 45
:The Provincial Courts are directly inferior to the Imperial Court wherein those crimes placed in their original jurisdiction by the Code of Laws at are first tried and those trials appealed from Municipal Courts are tried at the discretion of the Provincial Justices
+
:The Provincial Courts are directly inferior to the Imperial Court wherein those crimes placed in their original jurisdiction by the Code of Laws are first tried and those trials appealed from Municipal Courts are tried at the discretion of the Provincial Justices.
 
;Decree 46
 
;Decree 46
 
The number of Provincial Courts given to each Province is determined by the Code of Laws with no Province to be given less than one.
 
The number of Provincial Courts given to each Province is determined by the Code of Laws with no Province to be given less than one.
Line 106: Line 106:
 
:The Municipal Courts are directly inferior to the Provincial Courts wherein those crimes placed in their original jurisdiction by the Code of Laws are tried.
 
:The Municipal Courts are directly inferior to the Provincial Courts wherein those crimes placed in their original jurisdiction by the Code of Laws are tried.
 
;Decree 49
 
;Decree 49
The number of Municipal Courts given to each Municipality is determined by the Orders of the appropriate Provincial Governor with no Municipality to be given less than one.
+
The number of Municipal Courts given to each Municipality is determined by the Orders of the appropriate Provincial Governor.
 
;Decree 50
 
;Decree 50
 
:The Municipal Courts consist of a Municipal Justice each.
 
:The Municipal Courts consist of a Municipal Justice each.
 
;Decree 51
 
;Decree 51
:Imperial Justices are appointed with the approval of the Emperor and the Prime Minister, Provincial Justices are appointed with the approval of the appropriate Provincial Governor and Municipal Justices are appointed with the approval of the appropriate Municipal Prefect and all serve for life unless found physically or mentally incapable of performing their duties by the Imperial Inspector or guilty of criminal activities by the Courts of Law.
+
:Imperial Justices are appointed with the approval of the Emperor and the Prime Minister, Provincial Justices are appointed with the approval of the appropriate Provincial Governor and Municipal Justices are appointed with the approval of the appropriate Municipal Prefect or Prefects and all serve for life unless found physically or mentally incapable of performing their duties by the Imperial Inspector or guilty of criminal activities by the Courts of Law.
 
;Decree 52
 
;Decree 52
 
:The defeated party in a trial may attempt to appeal the decision to a higher Court of Law unless the defeat occurred within the Imperial Court
 
:The defeated party in a trial may attempt to appeal the decision to a higher Court of Law unless the defeat occurred within the Imperial Court

Revision as of 01:24, 14 June 2007

Chapter 1: The Emperor

Decree 1
A line of Emperors eternal and unbroken rule the Empire of Mor'os by grace and favor of Heaven.
Decree 2
The Emperor rules for the duration of his life and upon his death is succeeded by the relative most immediate who may trace a line of ancestry to the Supreme Imperial Ancestor.
Decree 3
The Emperor is the Head of State of the Empire and assumes all associated duties.
Decree 4
The Emperor ensures through the Ministries and Imperial Censor that the laws are executed properly.
Decree 5
The Emperor implements as law or rejects the Petitions of the Assembly of Petitioners.
Decree 6
The Emperor puts forth those Imperial Decrees within in the bounds of the Code of Laws and the Constitution necessary for the preservation of the public welfare and safety and when the immediate public welfare and safety may require it puts forth those Decrees necessary for the moment until the full approval or disapproval of the Assembly of Petitioners can be sought.
Decree 7
The Emperor declares war, appointed ambassadors and concludes all treaties.
Decree 8
The Emperor declares a state of siege for which the conditions and effects of are determined by the Code of Laws.
Decree 9
The Emperor issues pardons and stays of punishment.
Decree 10
The Emperor may not without the prior Petition of the Assembly of Petitioners alter the Code of Laws and the Constitution.

Chapter 2: The Assembly of Petitioners

Decree 11
The People elect the Assembly of Petitioners every fifth year.
Decree 12
The Assembly of Petitioners consists of a thousand Petitioners.
Decree 13
The People cast their votes for the Parties and for individual Candidates for Petitioner from their Party of choice if they so desire.
Decree 14
The Offices of Petitioner are given each election to the Parties in proportion to their share of the vote within the appropriate Province and the Offices of Petitioner are given to those candidates of the Office's respective Party who receive the greatest number of votes.
Decree 15
The Assembly of Petitioners elects and removes the Prime Minister with the approval of a majority of Petitioners.
Decree 16
The Prime Minister presides over and conducts the affairs of the Assembly of Petitioners.
Decree 17
The Assembly of Petitioners petitions the Emperor with approval of a majority of Petitioners and the Prime Minister decides the matter should the Assembly of Petitioners be evenly divided.
Decree 18
No Petition may be put forth more than once within a single session of the Assembly of Petitioners.
Decree 19
The Assembly of Petitioners is convoked every year and may by Imperial Decree should the immediate public welfare and safety require it be convoked in special session.
Decree 20
The Assembly of Petitioners may be by Imperial Decree be dissolved once during a regular five year term with a new Assembly of Petitioners to be promptly elected to act for the remainder of the term.

Chapter 3: The Ministries

Decree 21
Ministers are appointed to the appropriate Ministries with the approval of the Emperor and the Prime Minister.
Decree 22
The Ministry of Agriculture ensures the productivity and well being of the Empire's agricultural concerns.
Decree 23
The Ministry of Land and Energy administers those institutions necessary for the production of power,ensures that power is supplied to the Empire and its People and administers vital natural resources of the Empire.
Decree 24
The Ministry of Public Works administers those institutions necessary for the provision of water, sanitation, transportation and communication and ensures that proper water, sanitation, transportation and communication are supplied to the Empire and its People.
Decree 25
The Ministry of Justice ensures that the laws are properly and fairly enforced and observed.
Decree 26
The Ministry of Education ensures that the People are afforded a proper education and that the intellectual aspirations of the Empire are advanced.
Decree 27
The Ministry of Health and Welfare ensures that the health and wellbeing of the People are attended to and cared for.
Decree 28
The Ministry of Defense oversees the activities of the Military and ensures its full functionality.
Decree 29
The Ministry of Commerce ensures the vitality of the Empire's economy and implements those measures necessary for continued prosperity.
Decree 30
The Ministry of the Treasury oversees and ensures that the Imperial Treasury is secure and solvent, levies those taxes required by the Code of Laws and Imperial Decrees, provisions the government with those funds necessary for their duties and issues currency.
Decree 31
The Ministry of Foreign Affairs oversees all diplomatic correspondences and exchanges with foreign nations, establishes and receives embassies and commissions ambassadors as instructed by the Emperor.
Decree 32
The Ministry of Culture preserves and promotes the culture and language of the Empire and its People and promotes in the People an appreciation and love of their native traditions.

Chapter 4: The Imperial Censor

Decree 33
The Imperial Censor is appointed and removed with the approval of the Emperor.
Decree 34
The Imperial Censor manages and coordinates the efforts of the Ministries and ensures the consistency and efficacy of their governance.
Decree 35
The Imperial Censor ensures that those Decrees issued by the Emperor are received and enforced by the appropriate Ministries.

Chapter 5: The Examination Branch

Decree 36
The Imperial Inspector is appointed and removed with the approval of the Prime Minister.
Decree 37
The Imperial Inspector administers and ensure the efficacy of the Examination Branch.
Decree 38
The examination of applicants for office in the Government Service is issued by the Examination Branch twice every year in the months of April and September.
Decree 39
The Examination Branch directs the petitions of the People to the Assembly of Petitioners.
Decree 40
The Examination Branch observes the activities of the Ministries and the Imperial Censor, reports to the Emperor and the Prime Minister those outstanding issues needing remedy and recommends those displaying outstanding service.
Decree 41
The Examination Branch may initiate those investigations necessary to perform its duties.

Chapter 6: The Judicature

Decree 42
The Judicature is exercised by the Courts of the Law.
Decree 43
The highest Court of the Law is the Imperial Court wherein those crimes committed under the Constitution are first tried and those trials appealed from the Provincial Courts are tried at the discretion of the Imperial Justices.
Decree 44
The Imperial Court consists of five Imperial Justices.
Decree 45
The Provincial Courts are directly inferior to the Imperial Court wherein those crimes placed in their original jurisdiction by the Code of Laws are first tried and those trials appealed from Municipal Courts are tried at the discretion of the Provincial Justices.
Decree 46

The number of Provincial Courts given to each Province is determined by the Code of Laws with no Province to be given less than one.

Decree 47
The Provincial Courts consist of three Provincial Justices each.
Decree 48
The Municipal Courts are directly inferior to the Provincial Courts wherein those crimes placed in their original jurisdiction by the Code of Laws are tried.
Decree 49

The number of Municipal Courts given to each Municipality is determined by the Orders of the appropriate Provincial Governor.

Decree 50
The Municipal Courts consist of a Municipal Justice each.
Decree 51
Imperial Justices are appointed with the approval of the Emperor and the Prime Minister, Provincial Justices are appointed with the approval of the appropriate Provincial Governor and Municipal Justices are appointed with the approval of the appropriate Municipal Prefect or Prefects and all serve for life unless found physically or mentally incapable of performing their duties by the Imperial Inspector or guilty of criminal activities by the Courts of Law.
Decree 52
The defeated party in a trial may attempt to appeal the decision to a higher Court of Law unless the defeat occurred within the Imperial Court

Chapter 7: The Rights and Duties of the People

Decree 53
All children born to an Imperial Subject shall be considered themselves to be Imperial Subjects under the Rights and Duties herein stated and further conditions by which any Person may be an Imperial Subject may be determined by the Code of Laws.
Decree 54
The Caste System is abolished and the all Subjects are held to be equal before the Code of Laws and the Constitution.
Decree 55
No Subject may be forced to labor against there will nor be denied proper compensation for their labor except as punishment under the Code of Laws.
Decree 56
No Subject may have their property and communications search or seized without the proper administration of the Code of Laws and due cause and not Subject may be denied a trial conducted bu those Judges duly appointed.
Decree 57
No Subject may be arrested, held and punished without the proper administration of the Code of Laws and due cause.
Decree 58
Subjects may freely practice the religion or philisophy of their choice.
Decree 59
All male Subjects upon reaching age eighteen are bound to offer service in the Military for a year unless excused and all male Subjects aged between eighteen and forty years may be compelled to offer service in the Military should the security of the Empire require it.
Decree 60
All Subjects pay those taxes required of them by the Code of Laws.

Chapter 8: Finance

Decree 61
The imposition of any new tax or the modification of an existing one is decided by the Code of Laws.
Decree 62
The expenditures of the Empire are approved annually by the Yhessos by means of the Imperial Budget.
Decree 63
Expenditures exceeding the appropriations of the Imperial Budget or not defined by it require the approval of the Yhessos.
Decree 64
Taxes are payed to and expenditures are drawn from the Imperial Treasury.