PREAMBLE
We, the people of Konigsberg, united in pursuit of equality, liberty and defence of humanity, hereby establish the Constitution of the Republic of Konigsberg. The purpose of this text is to effectively provide a basic framework to the functioning of the state, and is to be expanded upon by court rulings, parliamentary legislation, and further amendments to the text, so therefore is not intended to be comprehensive and encompassing all possible scenarios and flaws; in sum, a living instrument.
CHAPTER 1 - FUNDAMENTALS
ARTICLE 1 deals with Parliament and its functions.
Sec. 1 All legislative functions herein granted are vested in a unicameral chamber, known as the National Parliament.
Sec. 2 This Constitution, and all of its Laws herein, prevail as the supreme authority on the Law and all judges are hereby bound to its authority and its contents. Bodies and persons are ranked by order of precedence for constitutional competence and ceremonial order, not superior-subordinate control except as expressly stated, in the following order:
1. Constitutional Council
2. High Court
3. President
4. Parliament
5. Marshal of the Parliament
6. Serjeant-at-Arms
7. Member of Parliament
8. Electoral Commission
In the event of constitutional dispute between bodies and/or branches, the Constitutional Council has the final authority. In jurisdictional disputes, the High Court possesses final authority. Where a dispute concerns both, the Constitutional Council takes primary precedence. The role of the courts and Law is defined in Article 3. Similarly, the rule of reference is ranked in the following order:
1. Constitution
2. Penal Code
3. Rules of Order
Sec. 3 Inevitably, this text cannot account for every possible loophole. All ambiguities shall be resolved in favour of maintaining the separation of powers, democratic representation, and the continuity of Parliament. The responsibility for resolving the constitutional loopholes and ambiguities lies with the Constitutional Council.
Sec. 4 Each individual elected to the office shall be referred to as a Member (M.), and possess the prefix "The Honorable". Former Members are not entitled to this prefix.
Sec. 5 All members of Parliament are subject to a quadrennial election. The date of the election must be made public at least a month in advance. The term of Parliament automatically expires four years after its election, provided no dissolution has occurred during that period.
No person shall be a Member unless they have attained the age of 18 years, hold Konigsbergesk citizenship or are naturalised citizens of Konigsberg, and possess 5 years of residency in Konigsberg.
The National Parliament shall consist of 220 Members, which are elected via party list proportional representation, apportioned and allocated via the d'Hondt quota, with supervision from the Electoral Commission. 5 seats are reserved for overseas voters, and the remaining 215 seats are distributed across Konigsberg's 35 Syssels (+1 overseas, which is assumed to be its own, single Syssel and therefore functions as a multi-member Syssel).
The total seat number for each Syssel is set automatically by the Electoral Commission, and is proportional to the population of the most recent census. Syssels may not have less than 3 seats, unless the total allocation cannot satisfy proportional distribution, in which case the smallest Syssels may be allocated 2 seats. In order to qualify for seats, 5% of all valid national votes are required. Smaller parties are permitted to form coalitions to reach this threshold. Minority parties, i.e. a party catering to and fielding candidates of solely one or more protected characteristic as defined by statutory law, or Sysselal parties, i.e. parties fielding candidates in only six or less bordering Syssels, and nowhere else, as determined by the Electoral Commission, are exempt from the national threshold, but 10% of the vote in at least one Syssel is required. A voter is presented with a list of candidates from each party, sorted by their seat totals in the last election. Each party can only field one list for each Syssel. He has a single vote, selecting one candidate from the list.
Parties will deliberate amongst their members about who to place on the list. Party statutes are expected to define candidate-selection procedures. However, if a party has nominated less candidates than seats won, the seats will be filled in a by-election within 60 days. There will also be a ballot line reserved strictly for independents; i.e., a person not registered as a member of any political party recognized under Law. Parties cannot be called "Independent", "Independence", or similar in order to prevent confusion. New parties are placed in a random location by public lottery.
A party that wins 10 seats or more is entitled to official party status, which grants them the right to ask questions during interpellation to the President or his cabinet, and the right of its Members to form parliamentary caucuses as outlined in the Rules of Order. Since minority and Sysselal parties are by definition unlikely to get as many seats, they are instead entitled to official party status if they have 5 seats or more.
If a vacancy occurs more than 3 months away from the scheduled date of a legislative election, it will be filled by the highest person on the party list who was not elected. If he is unable to take his seat, or there is no-one lower on the list, it will remain vacant until the next scheduled election. Additionally, if the seat becomes vacant within the 3 month period, it will remain vacant until the next scheduled election.
Sec. 6. All Members shall vote on a Marshal at the beginning of the new legislative year, which shall be filled through a simple majority of the entire chamber. The Marshal shall be a Member of Parliament, and shall renounce his party membership (if any) upon assuming the office, and may not re-join or endorse any political party during his tenure. The Marshal shall exercise his duties impartially and shall not engage in any political activity. Violation of this section constitutes grounds for impeachment under Article 1, Section 11.
The Marshal of the National Parliament shall serve as the presiding officer over each session in the legislature, as well as the certification of elections, passing of bills, and all other parliamentary activity. In the event of the Marshal's temporary incapacitation or otherwise inability to serve, the Marshal may delegate a Member to serve in his stead for a 2-week period, wherein they become the Acting Marshal. Periods longer than 4 cumulative weeks in one year require a parliamentary vote, passed by a simple majority. If the vote is rejected, the Marshal is required to resign, and a new Marshal shall be voted upon. If Parliament rejects two consecutive Acting Marshal votes, the office shall be declared vacant and a new Marshal shall be elected within 10 days. If Parliament fails to elect a new Marshal within ten days after the office becomes vacant, the senior-most Member by years of service shall act as Marshal for no more than 90 days. If Parliament still fails to elect a Marshal, upon the conclusion of the acting period, a parliamentary election must occur.
Sec. 7 The Marshal selects a Serjeant-at-Arms, who is tasked with the maintenance of order in the chamber, oversees external security of the chamber, and introduces guests and foreign visitors to the Chamber. The appointment of the Serjeant-at-Arms is voted on by the Parliament through a simple majority, and serves a single, non-renewable 5-year term. He is not of any political party, and cannot be a prior or current President, Member of Cabinet, party official, or Member. The Serjeant-at-Arms shall submit a sworn statement of political neutrality before assuming office, and may be removed by a 2/3 majority in Parliament.
Sec. 8 Etiquette of the chamber is governed by the Parliamentary Rules of Order. The Rules of Order shall be crafted and maintained by an independent group of 5 experts in parliamentary Law (known as parliamentarians). They are appointed by the not-for-profit Konigsberger Parliamentarians Association (KPA). Both the rules and members require parliamentary ratification through a simple majority. KPA is itself subject to public transparency Laws, and is chartered under Law and subject to parliamentary audit.
Sec. 9 Each Member currently in office is entitled to £25,000 annually, adjusted yearly to inflation. Former Members are entitled to £17,800 annually, as well as a state pension to an amount no less than that appropriated under the prior fiscal year, unless altered by subsequent Law. This Section may be amended by both the Parliamentary Rules of Order, and subject to ratification by a 2/3 vote.
Sec. 10 Pieces of legislation, known as bills, may be introduced by Parliament. Any current Member is entitled to introduce a bill, but the President may not directly introduce bills. He can, however, use a proxy; that is, a Member of the Parliament who is willing to introduce the bill, four times within one year. A simple majority of those in quorum is necessary to pass a bill. Quorum is 1/2 + 1 of the entire chamber; if there is no quorum, the legislative session is dissolved and a new session will be held the next weekday. If quorum fails for three consecutive scheduled sessions, the matter shall be referred to the Constitutional Council, where the Marshal can request an advisory opinion from the Council. The Council, nor any other court, may not compel attendance of Parliament.
Members who cause the Parliament to fail quorum receive a 25% reduction in their daily salary, unless they are ill, on an international trip, or otherwise unable to attend. Fault for lack of quorum is determined by the Marshal and must be agreed to by the Constitutional Council. The Marshal may also refer Members to the Council for contempt of Parliament if quorum is failed five times in one week, or 15 times in one month. The Council may decline the request, but if it is accepted, refer to Article 1, Section 11, Clause 3. Members convicted of any wrong-doing in this Section are entitled to a final appeal to the High Court, wherein a majority of the justices can overturn the verdict.
Every Bill which has passed through Parliament by a simple majority shall proceed to the President. If he approves, he shall sign it; if he rejects it, he has the opportunity to veto it. The President is entitled to two varieties of veto; he may block the entire piece of legislation, known as a full veto, or he may block only sections of the bill, known as a line-item veto. If he uses a line-item veto on specific numbered sections of the bill, the sections objected to are rendered null. If any section rendered null affects the enforceability of remaining sections, Parliament shall, within 30 days, enact a corrective amendment by simple majority. The remainder of the bill is presumed to be consented to and passes without the President's signature. If no action is taken during the 30-day period in which the President is notified, the bill is assumed to become Law without his signature. A presidential veto may be overridden in Parliament by a 2/3 majority of the chamber.
Sec. 11 In addition, any Member of Parliament may introduce articles of impeachment against the President, a member(s) of his Cabinet, the Marshal of Parliament, the Serjeant-at-Arms, an incumbent Member(s) of Parliament, any incumbent Justices of any Court, as well as the Syssel Members and Governor for the following reasons:
1. High treason, as defined by the Penal Code;
2. Dereliction of post, as defined by the Penal Code;
3. Contempt of Parliament, as defined in the Rules of Order;
4. Wilful neglect or dereliction of the Constitution and its Laws within.
No Member may introduce an article of impeachment for the same alleged offense more than once during a single parliamentary term, unless new evidence is discovered during that period, as determined by the High Court. A 2/3 majority in the Chamber of Parliament is required to successfully refer the person(s) to the High Court. The wanted person(s) are required to attend the hearing of the Court. If, having been duly summoned, they wilfully fail to attend without sufficient cause, the trial will proceed in absentia. Out of all justices, if a 2/3 majority vote to convict the person(s), their conviction will be announced and they will automatically be removed from all offices they hold.
Sec. 12. A vote of no-confidence may be initiated by any current Member. The motion must be agreed to by one-sixth of Parliament and state clearly the issues at debate in order for proceedings to begin. If a simple majority of Parliament votes in favour of no-confidence, snap presidential elections will be automatically held 60 days following the dissolution of the executive branch, and the incumbent President serves as head of the caretaker government during that period. Motions of no-confidence may not occur more than three times in any calendar year, regardless of initiator, and the total count shall include both presidential and parliamentary dissolutions combined. Any dissolution contrary to this Section shall be null and void, and elections held pursuant thereto invalid.
Sec. 13 The President may dissolve both the executive branch and the legislative branch, i.e. a double dissolution, causing both elections to be held in tandem with each other 30 days after the dissolution. This dissolution may be triggered if a bill(s) or sections of a bill passed by Parliament have been rejected three times by the President, but the veto has not been overridden. A three-month period must have elapsed between the first and second rejection, and the bill(s) must have been rejected within the same legislative session. A double dissolution may not occur more than once every calendar year, and the Parliament may not be dissolved if impeachment or no-confidence proceedings are in progress. No double dissolution shall occur less than six months before a regularly scheduled election.
Sec. 14. Any Member may introduce a censure motion against the President, a member(s) of his Cabinet, the Marshal of Parliament, the Serjeant-at-Arms, an incumbent Member(s) of Parliament, and any incumbent Justices of any Court, if he is considered by the Parliamentary Standards Committee (as delineated in the Rules of Order) to have committed an infraction of etiquette and morals expected of the chamber. A censure motion does not remove the affected person(s) from office, but places their name in the Parliamentary Record and establishes that there has been a formal rebuke of their conduct.
ARTICLE 2 of the constitution deals with the presidency and its functions.
Sec. 1 All executive functions herein granted are vested in a sole head of state and head of government, known as the President of Konigsberg. The President may delegate functions to officers or bodies as authorized by Law; but ultimate executive responsibility remains with the President.
Sec. 2 The President of Konigsberg shall be elected quadrennially, via a two-round system, and under supervision from the Electoral Commission. Initial rounds will be held precisely 4 years after the previous elections were held, unless a vacancy has occurred during that period. If a candidate does not receive 50% of the vote in the first round, a second round will be held two weeks later between the top two candidates, allowing for a President to be elected. In order for a candidate to qualify for the first-round ballot, he requires 1,500 signatures from a member of the public and/or 10 signatures from current and former Members, provided the Member is in good standing and not impeached or censured.
No person shall be President unless he is at least 25 years of age, has lived in Konigsberg for 15 consecutive years prior to his election, and is a citizen or naturalised citizen of Konigsberg.
In the case of the removal, death, or incapacitation of the President, the Deputy President shall automatically ascend to the Presidency. The President may be removed from office pursuant to Article 1, Section 11. If both the President and Deputy President are deceased, the highest-ranking member of Cabinet becomes President pursuant to Article 2, Section 4, Clause 2.
Sec. 3 The President of Konigsberg shall serve as the commander-in-chief of the Armed Forces, the Navy, the Air Force, and all other branches of the Military. He may nationalise the Syssel Militia, provided he possesses the written consent of the Syssel Governor and the Syssel Court.
The President may also issue a formal declaration of war against another sovereign state with the assent of his Minister of Defence and a simple majority of Parliament. Pursuant to Section III of the 1907 Hague Convention, hostilities must not commence without prior written warning to the enemy nation(s).
A state of national emergency may be called if the life of the nation is threatened by war, invasion, general insurrection, disorder, natural disaster or other public emergency, and cannot reasonably be rectified through legislation. The President requires the consent of a simple majority of all Syssels, Parliament, and the Cabinet to declare the emergency, and may unilaterally cancel the declaration with a week's notice to the Courts, Parliament and the public. If the state of emergency is not cancelled, it automatically expires in 30 days, and may be extended through the same process outlined in this Section. After thirty days of the exercise of the emergency powers, the Constitutional Court may be referred to review the state of emergency by the Marshal of Parliament, and/or sixty Members.
During the state of national emergency, Parliament shall meet ipso jure and cannot be dissolved. Elections may not be held, and the President may not alter the Constitution or suspend Articles 1, Article 5 Sec. 1, and Amendments 1 and 2. The Attorney General shall notify the public after the completion of house arrests, and the conduction of administrative searches and seizures, day and night, without judiciary oversight. The Armed Forces and police may disperse large gatherings, and order leisure places or places of amenity to be closed.
Sec. 4 The President shall have the capacity to appoint vacant Justices, ambassadors, and members of his Cabinet. However, Parliament may issue a formal objection to a nomination, wherein the reason for the objection must be expressly stated in writing. If the objection is signed on by 95 members of Parliament, it will trigger a confirmation vote on the affected position(s), passed by simple majority. If the position is rejected, the President must nominate a new Member to the post. If Parliament thrice rejects a nominee to the same position(s) during the same legislative term, a no-confidence vote will automatically be triggered. Each member of Cabinet shall have a particular function, as outlined in this Section and ranked in hierarchal order of succession:
1. Deputy President - The Deputy President shall serve as the head of the Cabinet, deputy head of state and second-highest ranking member of the Government. He shall ascend to the Presidency pursuant to Article 2, Section 2, Clause 3.
2. Minister of Foreign Affairs - The Minister of Foreign Affairs shall oversee the creation and implementation of international diplomacy, relations and foreign affairs policy, as the head of the foreign affairs section of the Department of Foreign Affairs and Trade.
3. Minister of Finance - The Minister of Finance is charged with overseeing government revenue collection, federal expenditure and economic policy as the head of the Department of the Treasury. The minister introduces the yearly Budget on behalf of the President, which is implemented by Parliament pursuant to Article 1, Section 10, Clause 3.
4. Minister of Defence - The Minister of Defence is charged with overseeing the organisation, implementation, and formulation of strategic policy in defence and military matters as the head of the Department of Defence.
5. Attorney General - The Attorney General shall serve as the chief law officer of the Republic of Konigsberg, charged with overseeing federal legal affairs and public security as the head of the Attorney General's Department.
The Deputy President may serve in one additional Cabinet post, but shall not hold any more. Other members of the Cabinet may not hold any other Cabinet positions other than the one they currently occupy. Parliament may add additional offices to the Cabinet at its discretion, pursuant to Article 1, Section 10, Clause 3, provided the President expressly consents to the addition of the post.
Parliament may dismiss the Deputy President through a vote of no-confidence as stipulated in Article 1, Section 12, thereby dissolving the Cabinet. Similar to Clause 1 of this Section, if Parliament thrice dismisses the Deputy President during the same legislative term, a no-confidence vote against the President shall be triggered.
Members of the Cabinet are under collective responsibility; i.e. they are expected to publicly support all governmental decisions, and support the government in confidence motions, unless there is no whip and a conscience vote is permitted. The President may unilaterally dismiss a member of the Cabinet for any reason, provided that reason is expressly stated via writing to Parliament. The same method of appointment as outlined in Clause 1 of this Section is used. Similarly, a member of Cabinet may resign from office for any reason, provided the reason is expressly stated via writing to the President. The President may accept the letter, wherein the member of Cabinet automatically resigns, or he may decline the letter, causing the member of Cabinet to remain in post.
Sec. 5 The President may issue a decree without the need for Parliamentary assent. A decree is only applicable to the executive branch, and may not overrule or suspend Parliamentary Laws and any articles or sections of this Constitution. If Parliament is not in session, the President has the discretion to issue a temporary decree which has the force of Law. Decrees of this nature must be approved within six weeks of the Parliament's reassembly through a simple majority, and cannot overrule or suspend existing Parliamentary Law and any articles or sections of this Constitution.
Sec. 6 The Electoral Commission is an independent commission, not subject to influence from any other branch of government, and is responsible for the inspection and maintenance of all elections, including parliamentary, presidential elections, and referenda, as well as voter education, turnout, countering of electoral fraud, and foreign electoral intervention. In addition, it maintains a list of registered voters and political parties. Parties may apply to the Commission from Nov. 30 to Dec. 31 each year to be registered; provided the party does not promote 1) extremist policies, 2) hate speech, 3) terrorism, all as defined in the Penal Code; the application shall be accepted, subject to a fee of $50 each year, subject to inflation. Rejected applicants may appeal to the Constitutional Council as a court of last resort. Any violation or interference with the Commission's independence shall be considered wilful dereliction of the Constitution, and as an impeachable offence per Article 1, Section 11, Clause 2.
The Electoral Commission shall consist of 9 members, all of whom must possess a PhD or equivalent in political science and/or a minimum of 5 years in electoral experience; such as the supervision of other international elections, serving as an election monitor, etc. No current or previous Presidents, Members of Parliament or Cabinet shall serve on the Commission.
In funding, it is entitled to an amount no less than that appropriated under the prior fiscal year, and adjusted to inflation, unless altered by subsequent Law pursuant to Article 1, Section 10, Clause 3.
ARTICLE 4 of the constitution deals with the judiciary and its functions.
Sec. 1 All judicial functions herein granted are vested in:
a) the Constitutional Council for matters pertaining to the Constitution, its content and Laws;
b) the High Court, for matters pertaining to jurisdictional disputes and as the court of last resort on civilian and criminal matters;
c) the Syssel Court for first-level general criminal and civic Sysselal trial;
d) all other judicial bodies herein created by Parliament, whose powers and jurisdiction shall be defined independently by Parliament, provided they do not conflict with the Laws stated herein.
Sec. 2 The Constitutional Council shall consist of a fixed number of 9 justices, 7 of which are appointed by the President with the advice and consent of a simple majority of Parliament, and serve a single, non-renewable 10 year term.
The remainder of the Justices are elected by the People in a staggered cycle every four years. Justices must renounce any party affiliation and activity, run as independent candidates, and may not be a former or current Member of Parliament or member of Cabinet.
Sec. 3 The High Court shall consist of nine Justices, who serve a single 10 year term. Justices from the Syssel Court may apply to ascendancy to the High Court upon 10 years of service in the Syssel Court, provided they possess the advice and consent of a simple majority of Parliament.
Sec. 4 The Syssel Court shall consist of a single Justice, elected every four years in tandem with regularly scheduled Constitutional Council elections, and in the same manner listed in Article 2, Section 2, Clause 3. All persons convicted under this Court are entitled to an appeal to the High Court.
Sec. 5 In the event of any vacancy to all Courts listed above, the President shall appoint an acting Justice with the advice and consent of a simple majority of Parliament, until the vacancy is filled by election or other means as listed in each Section. Similarly, all Justices who attain the age of 80 years and one day are required to resign from office, and a Justice may not be appointed if he is over 80 years and one day old.
ARTICLE 5 deals with subdivisions.
Sec. 1 Konigsberg shall be divided into 12 first-level administrative subdivisions, known as Syssels. Each Syssel is to be headed by a Syssel Governor (herein known as a Governor), elected by and subject to the confidence of the Syssel Council. The Syssel Council is to be elected every four years, in tandem with that of the judiciary, and is elected in the same manner as stipulated in Article 1, Sec. 5. The amount of Members in each Council is apportioned by the Electoral Commission, and is based on the Syssel's population in the preceding census.
Sec. 2 The Syssel is tasked with levying local taxes, regional development, environmental & infrastructure maintenance, and public transportation. A law introduced by the Syssel may not override any Laws on the national level, unless consented to by a simple majority of Parliament.
Sec. 3 The second-level administrative subdivisions shall be known as municipalities. Each municipality is headed by a Mayor, subject to a direct election by the People every four years. The Mayor may be subject to a recall election via a petition garnering 10% of the entire municipal population. The voters must select a preferred candidate from the list. If 50% of the vote is reached, the mayor is removed from office and the person who received the most votes as an alternative serves the remainder of the mayor's term. A recall petition may not be introduced more than thrice during one term.
Sec. 4 The Mayor is tasked with levying city taxes, city development, environmental and infrastructural maintenance, and prepares the city budget annually.
No Syssel, municipality, or group shall attempt to unilaterally secede from the Republic of Konigsberg. Such an act will be regarded as a declaration of war.
ARTICLE 6 of the constitution deals with citizenship.
Sec 1 All persons who were citizens of the People's Republic of Konigsberg immediately prior to the ratification of this Constitution are citizens of the Republic of Konigsberg. A Konigsbergesk citizen who is abroad shall enjoy the protection of Konigsberg, and is accordingly issued with a passport. The circumstances wherein Konigsbergesk nationality is obtained are to be established as such:
Sec. 2 Naturalised aliens may receive citizenship after five years of consecutive or cumulative residence in Konigsberg, reduced to 3 years if they have married another citizen of this country. Aliens are expected to have a conversational grasp of Konigsberg's language and culture; their knowledge will be determined in a citizenship test. If a person has a criminal conviction totalling in over one year of imprisonment, they may not apply for citizenship. Upon the acceptance of the person's citizenship, they are expected to take an oath to the Constitution.
Sec. 3 Citizenship is automatically granted to persons with a parent born in or of citizenship to Konigsberg, or persons born in the airspace or waters of Konigsberg; i.e. jus soli with restrictions. It is also automatically granted to persons who have served in the national armed forces. Citizenship may be renounced, but is not revoked to any unwilling person unless that person has been convicted of treason or has fraudulently obtained the citizenship, as determined in a court of law. Dual citizenship is permitted, assuming the secondary country also permits dual citizenship.
Sec. 4 Children born overseas become citizens by descent if they have one parent or grandparent who is also a citizen of Konigsberg, and meet the necessary qualifications for citizenship. Similarly, children adopted in the country automatically become citizens if the adoption was completed in this country.
Sec. 5 Honorary citizenship may be given to persons who have achieved extraordinary service to Konigsberg. Such a title affords the same rights and privileges as a standard citizen of this country; it may be conferred by a bill of Parliament.
All sections in this Article, except the first, may be amended by a Bill, and is not subject to the amendment procedures as outlined in Article 10.
ARTICLE 7 of the constitution deals with human rights.
Sec. 1 All persons in Konigsberg are communserate before the law; no person is entitled to a higher privilege than another.
Sec. 2 All persons are entitled to freedom of speech and thought. Opinions shall be held and expressed without interference, and may be exercised in art, writing, speech, print, and all other forms of communication.
Sec. 3 All persons are entitled to freedom of conscience. They may act upon their moral beliefs at their discretion, and thus are not required to do something that someone is obligated, required or ordered to do. By extension, conscientious objectors are entitled to refuse to perform in military service and drafts.
Sec. 3 All persons are entitled to freedom of worship. They may abandon their religion, convert to another, or proselytise and congregate on behalf of their religion, freely and without risk of persecution.
Sec. 4 All persons are entitled to freedom of assembly and association. Anyone may peacefully organise, assemble, and express their opinions, and collectively pursue their goal. By extension, anyone may voluntarily join or leave a group, and said group may take collective action to pursue its goals and interests of its members.
Sec. 5 All persons are entitled to freedom of movement. The Government may not impede the movement of persons, goods, capital and other items throughout the country. The right of persons to leave and return to the country may not be infringed.
Sec. 6 All persons are entitled to right of privacy. No one shall be subject to arbitrary interference with their person, property, family, correspondence or other possessions, and all persons are entitled to a right of protection against such measures.
Sec. 6 All persons are entitled to due process. No person shall be imprisoned, condemned or otherwise punished, without the lawful decision of a Court and the Law of the land. All trials must be conducted in an impartial, just, and procedurally regular manner by a judge and all persons are entitled to isonomy (equality before the law).
Sec. 7 All United Nations conventions ratified by Konigsberg, as well as the Universal Declaration of Human Rights, are assumed to be compatible with this Constitution. In the case that it is not, the convention takes primary precedence.
Sec. 8 The Republic of Konigsberg, its courts, agencies, bodies and organs, shall apply and comply with the rights listed in the Article.
Sec. 6 All persons may not have these inalienable rights curtailed or otherwise limited by basis of their gender, religion, nationality, or race. Foreigners shall enjoy the same rights afforded to these Citizens, unless formally stated otherwise. They may also be responsible for abuses of this privilege, as defined by law.
ARTICLE 8 of the constitution deals with voter enfranchisement.
Sec. 1 All persons who are 18 years old or above and possess 5 years consecutive or cumulative years of residency in Konigsberg as of the date of the election, are eligible and required to vote in all elections, unless they possess a written note from a licensed medical practitioner that they are unable to vote, or hold a religious objection, or are unable to vote due to imprisonment or force majeure. Failure to do so shall result in a £20 fine, which will be repeated until the person proceeds to vote.
All persons may cast their ballot 5 days or less before the election, and do not need to provide a reason for their pre-poll vote. Additionally, all persons may cast a postal ballot 5 days before the election, and do not need to provide a reason for their postal vote. The date of the election shall hereby be enshrined as a national holiday, as per the National Holiday Bill of 1989, and any amendments made to the Bill.
All ballots are secret, and any Government who restricts or attempts to restrict the secrecy of a ballot and the right of persons to vote shall be regarded as having neglected the Constitution and therefore serve as grounds for impeachment pursuant to Article 1, Section 11, Clause 2 of this Constitution.
ARTICLE 9 of the constitution deals with coalition governments.
Sec. 1 If a single party does not achieve a majority of seats in Parliament, it may form a coalition government with willing parties, or may govern alone as a minority government. The largest party has the first opportunity to canvass other parties to form a government. If more than one party is tied for first place, the first initiative is decided by random lottery.
The leader of the largest party may, but is not required to, appoint a scout, who is tasked with meeting and deliberating with all parliamentary leaders and/or independents to determine the feasibility of a coalition government. If the partners consent to participating in the coalition, the coalition is officially formed. A coalition does not need to have an outright majority, but is expected to be able to commend the confidence of Parliament. If all efforts to form a coalition have been exhausted, and a minority government is not feasible, responsibility is accorded to the second-largest party, and so forth. If a coalition cannot be reached within 12 months, Parliament is dissolved and new parliamentary elections will be held within 60 days. During this period, the previous part(ies) in government will serve as a caretaker government.
ARTICLE 10 of the constitution deals with amendments to the Constitution.
Sec. 1 The President may personally introduce amendments to the People, without the need for Parliament's support, in which case 65% or above approval of all valid votes is required, as well as the consent of a simple majority of all Syssels. Amendments below this threshold are treated as unsuccessful, and may not be reintroduced during the President's current term, or 3 years, whichever expires last.
The President may also personally introduce amendments to Parliament, in which case 60% of the entirety of Parliament, is required, as well as the consent of a simple majority of all Syssels. Amendments below this threshold are treated as unsuccessful, and may not be reintroduced during the President's current term, or 3 years, whichever expires last.
Alternatively, the People may themselves introduce an amendment, wherein a petition signed by at least 10% of the entire voting-eligible population within 12 months, as verified by the Electoral Commission, will be introduced as a national referendum. In order to pass, the referendum must receive 60% support from all valid votes, as well as a simple majority of Syssels, as well as the consent of the President. A President's rejection of an amendment is treated as a veto, and follows the same procedure outlined in Article 1, Section 10, Clause 3.
Sec. 2 No amendment shall be introduced which destroys or eliminates the basic structure of this Constitution; that is, the ideas of a republican government, held with free elections, and without restriction of fundamental freedoms for all without distinction as to race, sex, language, or religion as established by Article 6, Section 1. Any attempt to introduce such an amendment shall be considered null and void.
Sec. 3 All passed amendments shall be appendixed to this document as a codicil, unless it only changes the text of a specific article(s), section(s) or clause(s).
The 1ST AMENDMENT ratifies the European Convention of Human Rights.
Sec. 1 The European Convention of Human Rights, and all of its Fundamental Freedoms and Protocols listed herein, is hereby ratified in full by the Republic of Konigsberg, pursuant to Section 1 of the Convention.
No Person or entity shall infringe upon the rights as established in the Convention, and Courts are expected to interpret each Bill of Parliament in accordance with the Convention. If a Bill of Parliament does not comply with the Convention as determined by the European Court of Human Rights, or is otherwise impossible to interpret in accordance with the Convention, Courts are expected to issue a declaration of incompatibility and request that Parliament pass a Bill repealing the affected Bill or section(s) of the Bill. Declarations of incompatibility may be applied retroactively on Bills.
Introduced to the Parliament on January 15, 1989; received Parliamentary assent on January 21, 1989, passed via a majority of Syssels in January 29, 1989, and codified into law on February 1, 1989.
The 2ND AMENDMENT codifies the separation of church and state.
Sec. 1 The Republic of Konigsberg shall have no official religion, and all religious groups may not influence or attempt to influence the activities of the State and its government. Conversely, the State may not interfere or attempt to interfere with any religious groups and their activities, unless they promote 1) extremism, 2) hate speech, 3) terrorism, or 4) otherwise have committed illicit activities; all as defined in the Penal Code.
Introduced to the Parliament on January 15, 1989; received Parliamentary assent on January 21, 1989, passed via a majority of Syssels in January 30, 1989, and codified into law on February 4, 1989.
The 3RD AMENDMENT codifies the national broadcaster into law.
Sec. 1 The National Broadcasting Network (NBN) shall serve as the primary public broadcaster of Konigsberg, though private alternatives are permitted to exist. It hosts and maintains content on radio & television. It is funded via general taxation and the council tax, as determined by appropriations. The NBN is headed by a Director, who is selected via internal processes as determined in the Charter. Its rules are determined by charter, and may be amended by the Director with the consent of employees of the NBN. The core, entrenched tenets are as follows:
> Universal geographic accessibility
> Universal appeal
> Attention and special provision to minorities
> Contribution to national identity and sense of community
> Distance from vested interests
> Direct funding and universality of payment
> Encourage competition "in good programming rather than competition for numbers"
> Guidelines that liberate rather than restrict
The independence of the NBN or any other media organisation may not be violated in any capacity by the Government, and a severe violation may be subject to impeachment.
Introduced to the Parliament on January 15, 1989; received Parliamentary assent on February 4, 1989, passed via a majority of Syssels in March 15, 1989, and codified into law on March 20, 1989.