Constitution of Arlandica
The Constitution of the Kingdom of Arlandica, also known as the 2022 Arlandican Constitution, is the supreme law of the Kingdom of Arlandica. It was ratified on May 23, 2022 and establishes the structure and responsibilities of the Arlandican government.
Constitution of the Kingdom of Arlandica Saligang Batas ng Kaharian ng Arlandika (Filipino) | |
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Overview | |
Jurisdiction | Arlandica |
Presented | November 16, 2021 |
Ratified | May 23, 2022 |
Date effective | May 23, 2022 |
System | Unitary parliamentary semi-constitutional monarchy |
Government structure | |
Branches | 3 (executive, legislative, judiciary) |
Executive | King (Head of state and government) |
History | |
First legislature | July 28, 2023 |
First court | December 9, 2023 |
Amendments | 8 |
Last amended | July 1, 2024 |
Location | Santo Niño City, Mainland Arlandica, Arlandica |
Author(s) | King Jerold I |
Signatories | King Jerold I |
Supersedes | Basic Law of Arlandica |
Prior to the ratification of the present constitution, the Basic Law served as Arlandica's first documented constitution, which was ratified in January 2021. However, the current constitution holds the predominant governing authority over the country. Following its ratification, the current constitution was promptly implemented in Arlandica.
Content
The Constitution has 15 articles and 319 sections. It is the longest written micronational constitution in Arlandican history and, undeniably, in the Philippine Micronational Community, with a total of 11,411 words. It is longer than the United States Constitution.[1] The monarch of Arlandica serves as the head of state and government.
Executive
The Monarch is vested with the authority to sign amendments, acts of Parliament, royal decrees, treaties, and other essential documents. In the Monarch's absence, their heir apparent may be entrusted to exercise these powers on their behalf.
The cabinet was established on February 19, 2024, after a constitutional amendment authorized by Section 44, Article 4 of the constitution. It serves as the main executive body, controlling agencies and state-owned enterprises according to their roles and responsibilities in specific areas or fields.
Legislative
The legislative powers are vested in the Parliament, presided over by a President elected by its members for a one-year term. The Parliament comprises individuals appointed by the monarch, known as Governor-Representatives, who advocate for their provinces' interests and welfare.
Acts of Parliament (referred to as Bills before ratification) are presented by the members of the Parliament and are subject to examination, debates, and votings. Once a bill successfully passes the scrutiny of the Parliament, it is then submitted to the President of the Parliament for thorough review to ascertain its alignment with the constitution. The President assumes the responsibility of ensuring the bill's compliance. Following the President's review, the bill proceeds to the Monarch for the stage of approval or rejection. The Monarch holds the authority to consider the bill's merits and make a decision, determining its transformation into a law.
The members of the Parliament shoulder the responsibility of advising the Monarch, offering their counsel and insights on matters of importance to the Kingdom. Among these members, the President of the Parliament serves as the principal advisor to the Monarch.
Judiciary
The Monarch of Arlandica possesses full judicial powers, acting as the highest judge in the land. They have the authority to preside over and render judgments in cases of significant national importance and constitutional disputes. Furthermore, the Monarch holds the power to prevent and rectify unconstitutional practices by the citizens of Arlandica, safeguarding the sanctity of the constitution and upholding the rule of law.
However, the constitution did not declare the establishment of a judicial body but only allowed the government to establish a judicial body anytime. On December 9, 2023, Act of Parliament No. 8[2] was passed, aiming at the establishment and functioning of the Supreme Court of Arlandica. The position of Judicial Officer was created to assist the monarch in judicial affairs.
Local administration
Each province is administered by a member of Parliament, hereafter referred to as the Governor-Representative. The Governor-Representative is responsible for the efficient and effective management of their province, bearing the responsibility of overseeing the implementation of governmental policies and programs within the province's boundaries.
Amendment
The monarch holds the exclusive prerogative to propose and enact constitutional amendments, a power vested in them without the requirement of seeking advice or approval from the parliament. This authority empowers the Monarch to independently introduce and effect changes to the constitution.
In instances where constitutional amendments are put forward by the parliament, such proposals are dutifully presented to the monarch for their solemn approval. The parliament must secure a majority vote in favor of the proposed amendment to warrant the Monarch's consent. Once granted, the approved amendment becomes a part of the constitution, enshrining the collective aspirations and progress of the kingdom. However, in the event that the monarch deems a proposed amendment unsuitable or incongruent, they hold the prerogative to reject it. In such cases, the parliament is granted the opportunity to revisit, refine, and reevaluate the proposal, ensuring that the Constitution evolves responsibly and in harmony with the Kingdom's ever-changing needs.
List of amendments
- First amendment – Approved on June 26, 2022, this amendment modifies Article 3. The heir apparent holds the title of crown princess or crown prince and possesses the authority to exercise the monarch's powers in the monarch's absence. It abolishes the cabinet.
- Second amendment – Approved on July 6, 2022, this amendment modifies Article 7, which pertains to the Establishment of Dependencies and Regions, designating them as the first level in the administrative divisions. The second level includes the city and territory.
- Third amendment – Approved on August 1, 2022, this amendment to Article 7 changes the administrative division, abolishing Dependencies and Regions and replacing them with provinces.
- Fourth amendment – Approved on December 31, 2022, this amendment modifies Articles 2, 3, and 6. It involves a change to the coat of arms of Arlandica. The monarch no longer holds the position of prime minister; instead, elections for the prime minister are now conducted, with members of the Council of State eligible to become candidates. Notably, Arlandica has transitioned from a principality to a kingdom while maintaining its monarchy.
- Fifth amendment – Approved on July 28, 2023, this amendment encompasses 80% of the constitution, revising articles 1-13. It represents a major change since the constitution's ratification. The Parliament of Arlandica is established, replacing the Council of State and comprising Governor-Representatives, formerly known as governors. The position of Prime Minister is abolished. The Parliament is led by the President of Parliament, elected by the Governor-Representatives. The monarch assumes the roles of head of state and government. Antarctic claims are officially relinquished, with a focus solely on the Philippines. Processes for territorial expansion are outlined. Administrative divisions change, leading to the abolition of cities. Elections for Governors are abolished. The Arlandican dollar has been formally declared as the secondary currency alongside the Philippine peso. The Arlandican Capital Territory is now renamed Mainland Arlandica. Enumerated rights of the people are included, granting additional political rights and freedom to Arlandican citizens.
- Sixth amendment – Approved on February 19, 2024, it amends Section 14, Article 2, Sections 42 - 54, Article 4, and Sections 113 - 120, Article 7 of the constitution. The amendment aims to facilitate the territorial expansion process, reinstate the cabinet, and modify the lyrics and title of the national anthem.
- Seventh amendment – Approved on June 6, 2024, it amends Section 22 of Article 2, and Sections 122, 126, 127, 128, 129, 130, 131, and 132 of Article 7 of the Constitution. The amendment adds Filipino and Ilocano as official national languages alongside Cebuano and includes new provisions relating to territorial integrity. It also establishes crown dependencies as province-level autonomous areas in the country.
- Eighth amendment – Approved on July 1, 2024, it amends Sections 194 and 195 of Article 10. The amendment addresses the revisions of texts about Gross National Happiness (GNH) and the establishment of a standing committee in the parliament.
- Ninth amendment – Approved on November 1, 2024, it amends Section 22 of Article 2. The amendment adds English as official national language.
Human rights
The Human rights in Arlandica are protected under the 2022 Arlandican constitution, it refers to the conditions of citizens and how the government treats them. The kingdom guarantees the following enumerated rights of the people:
- Right to Life, Liberty, and Security;
- Freedom of Expression;
- Freedom of the Press;
- Freedom of Religion;
- Right to Equality and Non-Discrimination;
- Right to Privacy and Data Privacy;
- Right to Due Process and Fair Trial;
- Right to Freedom of Thought, Conscience, and Belief;
- Right to Freedom of Assembly and Association;
- Right to Political Participation;
- Right to Freedom of Movement;
- Right to Education;
- Right to Work;
- Right to Rest and Leisure;
- Right to Property;
- Right to Cultural, Artistic, and Scientific Freedom;
- Right to Family Life and Protection of Children;
- Right to Marriage;
- Right to Citizenship and Nationality;
- Right to Access Information and Government Documents;
- Right to Participate in the Cultural and Political Life of the Community;
- Right to Access Justice and Legal Representation;
- Right to a Clean Environment and Sustainable Development;
- Right to Consumer Protection;
- Right to Freedom from Torture and Cruel, Inhuman, or Degrading Treatment or Punishment;
- Right to Internet Access;
- Right to Peaceful Protest;
- Right to National Language and Minority Languages; and
- Right to Freedom from Slavery and Forced Labor.
Democracy and elections
The election of the President of the Parliament takes place following the opening of the legislative session. During this period, any member of Parliament becomes eligible to be nominated for the position. The President of the Parliament assumes the responsibility of serving a one-year term, with the possibility of being re-elected to continue their dedicated service to the kingdom. The candidate who secures a majority vote from all respective members is rightfully declared as the President of the Parliament.
From July 2023 until April 2024, all Arlandican officials acted in a non-partisan manner. However, the constitution allows for political parties to exist in the government. On April 2024, the National People's Party, the country's first political party, was created, establishing a dominant-party system. Arlandica is considered a representative democracy.
Ex post facto laws
Ex post facto laws are constitutionally prohibited by Section 191, Article 9, which states: "No law shall be enacted that imposes punishment for an act that was not illegal at the time it was committed, nor shall any law increase the severity of a penalty for an act after it has been committed, or alter the legal consequences of actions already undertaken."
Extremist ideologies
The constitution states that it allows all kinds of political parties to exist in Arlandica. However, It banned the use of Communism, National Socialism (Nazi), and Islamic extremism as their ideology.
LGBTQ+ rights
There is no mention in the constitution regarding the recognition of same-sex unions or same-sex marriages. However, any form of discrimination is not allowed in Arlandica. Laws related to the LGBT community are dependent on the laws of the Philippines.
As of October 2023, there have been no reports of Arlandican citizens identifying as members of the LGBT community.
Some foreign micronationalists call for a change in the constitution, advocating for separate articles on LGBT rights through constitutional amendment. Despite this, both the Parliament and the monarch have rejected these proposals.
Participation of the Young people
Arlandica has a relatively young population, with a large proportion of its citizens being under the age of 20. This has led to a perception that most officials of the Arlandican Government are teenagers.
Punishments
No individual may be punished in a cruel or unusual manner. This means that punishments must be proportionate to the severity of the offense, and should not involve excessive physical or psychological harm.
In practice, the most common form of punishment in Arlandica is the removal of citizenship. This can occur when an individual violates the terms of their citizenship, such as by engaging in criminal activity or failing to uphold their responsibilities as a citizen. In these cases, the government may choose to revoke the individual's citizenship and deport them from the country.
See also
References
- ↑ Oak Hill Publishing Company. "Fascinating Facts about the U.S. Constitution".
- ↑ Ministry of Information (December 8, 2023). "Act of Parliament No. 8". docs.google.com.