Constitution of Novus Hierosolymis

Constitution of Novus Hierosolymis
Cover page of the Novohierosolymian constitution
Created	22 February 2022
Ratified	23 February 2022
Authors	2022 Constitutional Committee
Signers	Jayden I Varuna Sriraya Michal Nowacki Luke Wellmoore

The Constitution of Novus Hierosolymis, officially called the Novohierosolymian Constitution (Filipino: Novohierosolymitanong Saligang-Batas), is the fundamental law of the Kingdom of Novus Hierosolymis. It is the foundation and source of the legal authority underlying the existence of Novus Hierosolymis and the government of Novus Hierosolymis.

The drafting of the Constitution began on 8 December 2021, when Jayden I began collecting input from the Provisional Council on Necessary Reformation of the Kingdom, a body tasked with advising Jayden I on structural reforms necessary to bring out the nation from the period known as the Dormancy. The drafting process was then delegated to the 2022 Constitutional Committee, the successor to the Provisional Council, on 23 January 2022. On 22 February, drafting was concluded and the Constitution took effect the day after.

Written in English, the constitution was mostly based on the ones of the Republic of the Philippines and Vishwamitra, which were drafted by the Constitutional Commission of 1987 and Varuna Sriraya respectively, and it contains more than 3000 words. A Filipino version is to be made public soon.

Contents

Preamble

We, the Novohierosolymian people, imploring divine providence and the guidance of our monarchy, in order to secure our rights and legitimize our claim to self-determination and liberty, and form a government that must respect the divinely-given rights of the people, under a regime based on truth, justice, equality, decency and fairness, do ratify and promulgate this Constitution, which must be held as the highest law of our Kingdom.

Article I: Official Name and Territorial Composition

Section 1

The nation must formally be known as the “Kingdom of Novus Hierosolymis” or simply “Novus Hierosolymis”.

Section 2

The territories of the Kingdom must comprise the lands owned by the ducal and royal families of this Kingdom. It must also comprise of any organized territories and/or other unorganized territories claimed by the Kingdom as its own.

Section 3

All claimed territories and any other territories that can be ceded to the Kingdom by any internal or external persons must be organized according to a territorial organization law passed by the legislature.

Article II: Form of Government and State Policies

Section 1

The form of government the Kingdom must undertake is one of a constitutional, executive and parliamentary monarchy.

Section 2

All sovereignty resides in, and is derived from the Crown and the People alone. Both the Crown and People must work together in the pursuit of a nation and government as set out in this constitution’s preamble.

Section 3

All branches of government must have equal power, with all branches checking and balancing each other’s actions pursuant to this Constitution.

Section 4

State policies can be declared by legislation in order to clarify the stances of the Kingdom on certain issues and topics.

Section 5

The Kingdom values the freedoms and rights of its people, and must do everything in its power to defend the said freedoms and rights.

Section 6

The Kingdom must pursue an independent foreign policy, free of any interference by any foreign actors of any form.

Section 7

The Kingdom must promote equity and must give all an equal opportunity to develop and grow as members of society.

Section 8

The Kingdom holds in high regard honesty and integrity in public service, as the public deserves a government that must work for the Crown and its subjects.

Section 9

The Kingdom sees the need for transparency in the deals and transactions made by the government, and must find ways to secure freedom of information, giving the public access to documents which are of public interest.

Section 10

The Kingdom recognizes the contributions of the residential population to the development of the Kingdom and must give them additional protections and guarantees to promote the development of the nation in regards to physical structures.

Section 11

The Kingdom must strive to develop in its citizenry respect for the Crown and love of country, in the interest of conserving national patrimony.

Section 12

War, as a sovereign right of the nation, and the threat or use of force, is forever renounced as a means of settling disputes with other nations. The maintenance of land, sea, and air forces, as well as other war potential, will never be authorized. The right of belligerency of the state will not be recognized.

Article III: The Executive

Section 1

All executive power must be vested in a Monarch of Novus Hierosolymis.

Section 2

The sovereign must be given the title of King of Novus Hierosolymis if male, Queen of Novus Hierosolymis if female. If they are neither male nor female, the title “Monarch” must suffice. In addition, they must be given the style of “Majesty”. (i.e. His Majesty John I)

Section 3

The sovereign can appoint a co-monarch who must rule alongside them and have the same benefits pertinent to a monarch. If there is a consort, then this must apply to them and the sovereign is prohibited from appointing a co-monarch. Male consorts are excluded from this rule unless given the right to rule as a co-monarch by the Crown, and if given said title shall hold the title of King jure uxoris.

Section 4

The monarchy and its prerogative must be called “the Crown”.

Section 5

The Crown must be given the power to execute any orders into law, within reason, via means of royal decree.

Section 6

The Crown must be assisted by a Prime Minister, who must chair a Council of Ministers.

Section 7

The Prime Minister must be elected by the members of parliament (refer to Article IV). If a nominee reaches over 50% of the total parliamentary membership, their name is submitted to the monarch for their appointment.

Section 8

The Prime Minister must be given the diplomatic respect pertinent to a head of government.

Section 9

The Prime Minister and his Council of Ministers must be accorded the style of “Right Honorable”. (i.e. The Right Honorable Juan dela Cruz MP)

Section 10

The Council of Ministers must be composed of Ministers appointed by the Prime Minister in consultation with the Monarch, who are delegated the task of overseeing a certain aspect of the Government’s mandate. Mandates can be created via Royal Decrees or Acts of Parliament.

Section 11

If necessary, the Monarch can dissolve the Council of Ministers and expel the Prime Minister within reason, and in doing so, declare a provisional absolute government for a period of up to 60 days or 2 months, in a time and fashion by the law prescribed.

Section 12

The Prime Minister, along with their Council of Ministers can resign for any reason. In such a case, the Sovereign must be the administrator of a provisional absolute government similar to the provisions set in Section 10 of this Article, for the period between the resignation of the previous Government and the formation of a new Government.

Section 13

All members of the Council of Ministers (Ministers and the Prime Minister) must be a member of the Parliament (refer to Article IV), and must make the following oath or affirmation before entering into the position in addition to an oath of allegiance before it (refer to Article IX):

For the Prime Minister:

I, (state your name), do solemnly swear/affirm that I will faithfully execute the Office of Prime Minister, and will, to the best of my ability, preserve, protect and defend the Constitution of Novus Hierosolymis. So help me God.

For Ministers:

I, (state your name), having been appointed as Minister of (ministry), do solemnly swear/affirm that I will faithfully discharge to the best of my ability, the duties of my present position and of all others that I may hereafter hold under the Kingdom of Novus Hierosolymis; that I will bear true faith and allegiance to the same; that I will obey the laws, legal orders, and decrees promulgated by the duly constituted authorities of the Kingdom of Novus Hierosolymis; and that I impose this obligation upon myself voluntarily, without mental reservation or purpose of evasion. So help me God. (For affirmations, “do solemnly swear” must be replaced by “do solemnly affirm”.)

The person making this oath may choose to omit the final sentence. It must always be omitted in affirmations.

Article IV: The Legislative

Section 1

All legislative power must be vested in a House of Commons, which can also be referred to as the Parliament of Novus Hierosolymis.

Section 2

It must be comprised of members of parliament, who must have the following responsibilities in their portfolio:

1. The authoring and submission of, and deliberation on proposals;
2. The allocation of the national resources to specific agencies;
3. The ratification and promulgation of treaties signed at the must of the Crown; and,
4. The oversight of the daily businesses of the government.

Section 3

The total members of Parliament must be set by constituency laws as pertinent to the changes in population and other factors as can be considered.

Section 4

Members of Parliament must be accorded the style of “Honorable” before their names and the postnominal of MP. (i.e. The Honorable Juan dela Cruz MP)

Section 5

The people must elect its members of Parliament for a half-year term via preferential voting every last Saturday of March and September. The House of Commons must be dissolved accordingly on the first Saturdays of March and September. The elected members of Parliament must take office on the first Saturdays of April and October, and must make the following oath or affirmation before entering into the position, in addition to an oath of allegiance before it (refer to Article IX):

I, (state your name), having been elected as a member of Parliament for (constituency), do solemnly swear/affirm that I will faithfully discharge to the best of my ability, the duties of my present position and of all others that I may hereafter hold under the Kingdom of Novus Hierosolymis; that I will bear true faith and allegiance to the same; that I will obey the laws, legal orders, and decrees promulgated by the duly constituted authorities of the Kingdom of Novus Hierosolymis; and that I impose this obligation upon myself voluntarily, without mental reservation or purpose of evasion. So help me God.

The person making this oath may choose to omit the final sentence. It must always be omitted in affirmations.

Section 6

The Crown can dissolve Parliament and call a general election at any time.

Article V: The Judiciary

Section 1

All judicial power must be vested in a Supreme Court.

Section 2

The Supreme Court must be composed of one Chief Justice and at least one Associate Justice, with the maximum being three Associate Justices, with both the Chief Justice and Associate Justices appointed by the Prime Minister in consultation with the Monarch.

Section 3

The Supreme Court must be delegated the task of receiving civil and criminal complaints, and deciding on the said complaints received.

Section 4

Proper forums for filing cases must be provided by the Supreme Court.

Section 5

All cases filed with the Supreme Court must be deliberated in a public setting for transparency.

Section 6

The Supreme Court must be given the right to veto an Act of Parliament on the basis of incompatibility with this Constitution.

Section 7

Members of the Supreme Court must take the following oath of office before performing their duties, in addition to an oath of allegiance before it (refer to Article IX):

I, (insert name), having been appointed as Chief Justice/an Associate Justice, do solemnly swear/affirm that I will faithfully discharge to the best of my ability, the duties of my present position and of all others that I may hereafter hold under the Kingdom of Novus Hierosolymis; that I will bear true faith and allegiance to the same; that I will obey the laws, legal orders, and decrees promulgated by the duly constituted authorities of the Kingdom of Novus Hierosolymis; and that I impose this obligation upon myself voluntarily, without mental reservation or purpose of evasion. So help me God.

The person making this oath may choose to omit the final sentence. It must always be omitted in affirmations.

Article VI: Rights of the Citizenry

Section 1

The people must have a right to due process and equal protection of the law.

Section 2

The people must be given the right against searches or seizures without a judicial warrant.

Section 3

The people must be given the right to privacy.

Section 4

The people must be given the right to freedom of speech and expression, freedom of the press, and freedom of assembly guaranteed by law.

Section 5

The people must be given the right to freely exercise and profess their religious beliefs.

Section 6

The people must be given the right to abode and travel.

Section 7

The people must be given the right to information on matters of public concern.

Section 8

The people must be given the right to form associations.

Section 9

The people must be given the right of free access to the Supreme Court.

Section 10

The people must be given the right to remain silent and have competent legal counsel.

Section 11

The people must be given the right to bail and against excessive bail conditions.

Section 12

The people must be given the right to the writ of habeas corpus.

Section 13

The people must be given the right to a speedy trial.

Section 14

The people must be given the right against self-incrimination.

Section 15

The people must be given the right to political beliefs and aspirations.

Section 16

The people must be given the right to the prohibition against cruel, degrading, or inhuman punishment.

Section 17

The people must be given the right to protection providing for no imprisonment for debt.

Section 18

The people must be given the right against double jeopardy.

Section 19

The people must be given the right to the prohibition of ex post facto laws and bills of attainder.

Section 20

The citizenry must also be protected under the provisions of the Universal Declaration on Human Rights.

Section 21

Any person found violating these rights given to a fellow citizen must be subject to a criminal trial by the Supreme Court, and must be subject to the harshest punishment from the Government.

Section 22

The rights set out in this Article must be guaranteed subject to reasonable limitations prescribed by law.

Article VII: Citizenship

Section 1

The following are Novohierosolymian citizens:

1. Those who are already citizens before the passage of this Constitution
2. Those who are born on Novohierosolymian territory
3. Those who have at least one parent holding Novohierosolymian citizenship
4. Those who have been naturalized via Section 2 of this Article.

Section 2

There are two types of citizenship that may be gained:

1. Full citizenship - This type grants civic obligations and the ability to serve in government.
2. Honorary citizenship - This type does not grant civic obligations and the ability to serve in government.

Section 3

To qualify for full citizenship, one must:

1. Be 13 years of age or older,
2. Be able to speak either English or Filipino to a respectable degree, and:
3. Not have any serious criminal convictions, like rape, murder, etc.

Section 4

Those seeking citizenship under naturalization are to apply via a form provided by the Government, and they must answer said form with all honesty and truthfulness.

Section 5

The granting of citizenship must be at the sole discretion of the Crown. The Crown may delegate this duty to a specific organ of the Government.

Section 6

Citizenship can be revoked by the Crown or the specific organ to which the granting of citizenship was delegated unto. It can also be relinquished by its beholder. Upon the relinquishment or revocation of citizenship, the beholder must lose all positions they held at the time of relinquishment or revocation.

Article VIII: Amending this Constitution

Section 1

Amendments to the Constitution may be proposed in the House of Commons via an Act of Parliament.

Section 2

They can be classified as important by its authors if they have substantial effects on the nation, government, and people.

Section 3

It must be put to a vote and must reach a supermajority of three-fourths of the total parliamentary membership for it to pass.

Section 4

For amendments classed as important by its authors, it must undergo a referendum before it is passed to the Sovereign for approval, to be put on the ballot of the next election after the passage of the said Amendment.

Section 5

For it to be approved by the People, it must reach a super-majority of two-thirds to pass.

Section 6

After it is approved the Sovereign must decide on whether it receives their assent.

Article IX: Miscellaneous Provisions

Section 1

In case the Sovereign is deemed incapacitated to reign, they may appoint a Regent/Regentess who must discharge the functions of their position until they are no longer incapacitated. Regents may also be appointed at their own discretion regardless of their incapacity to reign, but they must provide a substantial reason for said appointment.

Section 2

The royal line of succession is determined on the basis of absolute primogeniture.

Section 3

Only those adhering to the Roman rite of the Catholic Church may be included in the line of succession. Those who marry persons adhering to other faiths will remain in the line of succession.

Section 4

The official and working languages are to be the English and Filipino languages.

Latin must only be used in royal decrees or in any special provisions as may be provided for by Parliament or the Crown.

Section 5

Specific languages may be given the status of a “recognized language”. This status must be given if either:

1. At least two citizens speak the language, or:
2. At least three nations who hold diplomatic relations use the language in official correspondence and communication.

Section 6

All members of the Government must swear the following oath of allegiance:

In the case of no co-Monarch or consort:

I, (insert name), do swear that I will bear true faith and allegiance to His/Her/Their Majesty King/Queen/Monarch (insert regnal name of Sovereign) and his/her/their heirs and successors according to law. So help me God.”

In the case of there being a consort:

I, (insert name), do swear that I will bear true faith and allegiance to His/Her Majesty King/Queen/Monarch (insert regnal name of monarch), His/Her/Their Majesty King/Queen/Co-Monarch (insert name of co-monarch/consort), and the King/Queen/Monarch’s heirs and successors according to law. So help me God.

Article X: Ratification and Promulgation

Section 1

This Constitution must come into force following the signing of this document by those holding membership in the Constitutional Committee by virtue of their former position in the Provisional Council and the Sovereign.

Ratification and Promulgation

We, the undersigned members of the Constitutional Committee, do sign this Constitution, on behalf of the people of the Kingdom of Novus Hierosolymis, and through our signatures, ratify and promulgate this Constitution, this twenty-third day of February, in the year of our Lord, two thousand and twenty-two.

(sgd.)

Lord Varuna Sriraya

Marquess of Lalraja

(sgd.)

Lord Michal Nowacki

Earl of Kraków

(sgd.)

Lord Luke Wellmoore

Viscount Lincasher

IN WITNESS WHEREOF, I, Jayden the First, by the Grace of God, King of Novus Hierosolymis, do hereunto set my hand this twenty-third of February, in the year of our Lord, two thousand and twenty-two.

(sgd.)

Jayden I

King of Novus Hierosolymis