Constitution of Richensland

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The Constitution of Richensland is the written supreme law of Richensland. It was adopted on 23 August 2021 and its lastest amendment was on 1 January 2022. The original version of the constitution was drafted by the Directory.

Preamble

WE, THE CREATIVE PEOPLE OF RICHENSLAND, imploring the aid of almighty God, in order to establish a government that shall embody our revolutionary ideals, conserve and develop the patrimony of our nation, promote the general welfare, and secure to ourselves and their posterity the blessings of liberty under a regime of self-determination, do ordain and promulgate this Constitution which shall advance the cultural, social, political, and economic institutions of Richenslandic society based on the norms of the world that are acceptable by our morals.

Chapter I: Principles of the social structure and policy of the state

Part One: The political system

Articles (1) and (2): The name of the state

Article 1

The state should officially be acknowledged as the "Most Serene Republic of Richensland".

Article 2

In this constitution, the Most Serene Republic of Richensland shall be substituted by "the state" for the sake of ease.

Articles (3) to (7): Description of and the establishment of the state

Article 3

Richensland is a simulationalist micronation. It was never the aim of Richensland to achieve independence from any macronation.

Article 4

Richensland is a socialist republic.

Article 5

True power rests in the hands of the citizens of the state, the Richenslandians. Richenslandians exercise their power by electing the legislative branch of government as well as the executive.

Article 6

Richensland is a democracy as stated in article (5) of this constitution.

Article 7

Richensland is a workers’ and peasants' state. It is a state of "life, liberty and the pursuit of happiness".

Articles (8) to (10): One-party state, political parties and the Popular Front, the status of Independents

Article 8

The leading and guiding force of state society and the nucleus of its political system, of all state organizations and public organizations, is the Richenslandic Development Party of the state. The RDP exists for the people and serves the people. The RDP, armed with socialist principles with richenslandic characteristics, determines the general perspectives of the development of society and the course of the home and foreign policy of the state, directs the great constructive work of the people, and imparts a planned, systematic and theoretically substantiated character to their struggle for the victory of the state. All party organizations shall function within the framework of this constitution and the RDP party charter.

Article 9

Though a one-party state, other political parties are allowed to exist. These parties must agree to the leadership of the RDP and have the right to stand for any election to a public office in the government. These parties cannot be dissolved by another party but can only do so if the party themselves decide to.

Article 10

All political parties (including the RDP and minor parties stated in article (9)), independents and other organizations in the state are part of the Popular Front, a broad-based political coalition. It is mandatory for all political parties and political organizations or other organizations directly controlled by the government. Other organizations may join if they so choose and shall be given a choice by the government to either decide, "yes" or "nay /(no)". The Popular Front shall function within the framework of this constitution and the Popular Front agreement, that must be agreed upon by all political parties and political organizations and organizations directly controlled by the government.

Articles (11) to (29): The executive branch and its powers

Article 11

Executive power resides in the people. It shall be vested in a President of Richensland.

Article 12

No person may be elected President unless he is of 10 years of age or above, but not higher than that of 30 years of age on the day of the election, able to read and write, must not already serve as President for 6 years, must be able to speak english, must be able to access the internet and online services such as discord, whatsapp e.t.c., must not be a Cycoldian, Lacian-Creekian, Jockromasian, Lurian or Dathurian citizen or national, if so, must be renounced immediately preceding such an election.

Article 13

There shall be two Vice-Presidents who shall have the same qualifications and term of office and be elected with and in the same manner as the President. He may be removed from office in the same manner as the President. There can be only at least one vice-presidential vacancy at any moment.

The Vice-Presidents may be appointed as a member of the cabinet. Such appointment requires no confirmation.

Article 14

The President and the Vice-Presidents shall be elected by direct vote of the people for a term of six years which shall begin at noon on the twenty-second day of October next following the day of the election and shall end at noon of the same date six years thereafter. The President shall not be eligible for any reelection. No person who has succeeded as President and has served as such for more than four years shall be qualified for election to the same office at any time.

The first vice-president shall be the elected vice-president in the vice-presidential election, who may be the running mate of a presidential candidate who may not necessarily win the presidency. The second vice-president is the presidential candidate that won the second most number of votes after the president-elect who has won the presidency.

The president and the vice-presidents may affiliate themselves with opposing parties and hold views that may contradict the views of each other.

No Vice-President shall serve for more than two consecutive terms. Voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity of the service for the full term for which he was elected.

Unless otherwise provided by law, the regular election for President and Vice-President shall be held for a period of a week, from the first to the seventh day of October.

The person having the highest number of votes shall be proclaimed elected, but in case two or more shall have an equal and highest number of votes, one of them shall forthwith be chosen by the vote of a majority of all the Members of the PRA.

The PRA shall promulgate its rules for the canvassing of the certificates.

The RRT, sitting en banc, shall be the sole judge of all contests relating to the election, returns, and qualifications of the President or Vice- President, and may promulgate its rules for the purpose.

Article 15

Before they enter on the execution of their office, the President, the Vice-President, or the Acting President shall take the following oath or affirmation: "I do solemnly swear (or affirm) that I will well and truly serve Richensland in the office of President (or Vice-President or Acting President). So help me God." (In case of affirmation, the last sentence will be omitted.)

Article 16

The President-elect and the Vice-President-elect shall assume office at the beginning of their terms.

If the President-elect fails to qualify, the Vice-President-elect shall act as President until the President-elect shall have qualified.

If a President shall not have been chosen, the Vice-President-elect shall act as President until a President shall have been chosen and qualified.

If at the beginning of the term of the President, the President-elect shall have died or shall have become permanently disabled, the Vice-President-elect shall become President.

Where no President and Vice-President shall have been chosen or shall have qualified, or where both shall have died or become permanently disabled, the Head pro tempore of the PRA or, in case of his inability, the Chief Justice shall act as President until a President or a Vice-President shall have been chosen and qualified.

The PRA shall, by law, provide for the manner in which one who is to act as President shall be selected until a President or a Vice-President shall have qualified, in case of death, permanent disability, or inability of the officials mentioned in the next preceding paragraph.

Article 17

In case of death, permanent disability, removal from office, or resignation of the President, the Vice-President shall become the President to serve the unexpired term. In case of death, permanent disability, removal from office, or resignation of both the President and Vice-President, the Head pro tempore of the PRA or, in case of his inability, the Chief Justice, shall then act as President until the President or Vice-President shall have been elected and qualified.

The PRA shall, by law, provide who shall serve as President in case of death, permanent disability, or resignation of the Acting President. He shall serve until the President or the Vice-President shall have been elected and qualified, and be subject to the same restrictions of powers and disqualifications as the Acting President.

Article 18

Whenever there is a vacancy in the Office of the Vice-President during the term for which he was elected, the President shall nominate a Vice-President.

Article 19

Whenever the President transmits to the Head pro tempore of the PRA and the Chief Justice his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Vice-President as Acting President.

Article 20

Whenever a majority of all the Members of the Cabinet transmit to the Head pro tempore of the PRA and to the Chief Justice their written declaration that the President is unable to discharge the powers and duties of his office, the Vice-President shall immediately assume the powers and duties of the office as Acting President.

Thereafter, when the President transmits to the Head pro tempore of the PRA and to the Chief Justice his written declaration that no inability exists, he shall reassume the powers and duties of his office. Meanwhile, should a majority of all the Members of the Cabinet transmit within five days to the Head pro tempore of the PRA and to the Chief Justice their written declaration that the President is unable to discharge the powers and duties of his office, the PRA shall decide the issue. For that purpose, the PRA shall convene, if it is not in session, within forty-eight hours, in accordance with its rules and without need of call.

If the PRA, within ten days after receipt of the last written declaration, or, if not in session, within twelve days after it is required to assemble, determines by a two-thirds vote of the PRA, voting separately, that the President is unable to discharge the powers and duties of his office, the Vice-President shall act as the President; otherwise, the President shall continue exercising the powers and duties of his office.

Article 21

In case of serious illness of the President, the public shall be informed of the state of his health. The Members of the Cabinet in charge of national security and foreign relations and the Chief of Staff of the National Gendarmerie of Richensland, shall not be denied access to the President during such illness.

Article 22

Appointments extended by an Acting President shall remain effective, unless revoked by the elected President within ninety days from his assumption or reassumption of office.

Article 23

The President shall nominate and, with the consent of the NRC, appoint the heads of the executive departments, ambassadors, other public ministers and consuls, or officers of the armed forces from the rank of colonel or naval captain, and other officers whose appointments are vested in him in this Constitution. He shall also appoint all other officers of the Government whose appointments are not otherwise provided for by law, and those whom he may be authorized by law to appoint. The PRA may, by law, vest the appointment of other officers lower in rank in the President alone, in the courts, or in the heads of departments, agencies, commissions, or boards.

The President shall have the power to make appointments during the recess of the PRA, whether voluntary or compulsory, but such appointments shall be effective only until after disapproval by the NRC or until the next adjournment of the PRA.

Article 24

The President shall have control of all the executive departments, bureaus, and offices. He shall ensure that the laws be faithfully executed.

Article 25

The President shall be the Commander-in-Chief of all armed forces of the Richensland and whenever it becomes necessary, he may call out such armed forces to prevent or suppress lawless violence, invasion or rebellion. In case of invasion or rebellion, when the public safety requires it, he may, for a period not exceeding sixty days, suspend the privilege of the writ of habeas corpus or place the Richensland or any part thereof under martial law. Within forty-eight hours from the proclamation of martial law or the suspension of the privilege of the writ of habeas corpus, the President shall submit a report in person or in writing to the PRA. The PRA, voting jointly, by a vote of at least a majority of all its Members in regular or special session, may revoke such proclamation or suspension, whose revocation shall not be set aside by the President. Upon the initiative of the President, the PRA may, in the same manner, extend such proclamation or suspension for a period to be determined by the PRA, if the invasion or rebellion shall persist and public safety requires it.

The PRA, if not in session, shall, within twenty-four hours following such proclamation or suspension, convene in accordance with its rules without any need of a call.

The RRT may review, in an appropriate proceeding filed by any citizen, the sufficiency of the factual basis of the proclamation of martial law or the suspension of the privilege of the writ or the extension thereof, and must promulgate its decision thereon within thirty days from its filing.

A state of martial law does not suspend the operation of the Constitution, nor supplant the functioning of the civil courts or legislative assemblies, nor authorize the conferment of jurisdiction on military courts and agencies over civilians where civil courts are able to function, nor automatically suspend the privilege of the writ.

The suspension of the privilege of the writ shall apply only to persons judicially charged for rebellion or offenses inherent in or directly connected with the invasion.

During the suspension of the privilege of the writ, any person thus arrested or detained shall be judicially charged within three days, otherwise he shall be released.

Article 26

Except in cases of a recall referendum, or as otherwise provided in this Constitution, the President may grant reprieves, commutations and pardons, and remit fines and forfeitures, after conviction by final judgment. He shall also have the power to grant amnesty with the concurrence of a majority of all the Members of the PRA.

Article 27

No treaty or international agreement shall be valid and effective unless concurred in by at least two-thirds of all the Members of the PRA.

Article 28

The President shall submit to the PRA within thirty days from the opening of every regular session, as the basis of the general appropriations bill, a budget of expenditures and sources of financing, including receipts from existing and proposed revenue measures.

Article 29

The President shall address the PRA at the opening of its regular session. He may also appear before it at any other time.

Articles (30) to (38): The judicial branch and its powers

Article 30

The judicial powers of the government shall be vested in one supreme court - the Richenslandic Revolutionary Tribunal (RRT).

Article 31

In this constitution, the Richenslandic Revolutionary Tribunal shall be substituted by "RRT" for the sake of ease.

Article 32

The RRT shall comprise three judges, among them one Chief Justice and two associate judges.

Article 33

They shall serve for life.

Article 34

All judges may leave office as a result of their resignation, retirement, through a recall referendum.

Article 35

All bills that are proposed in the PRA must be voted, if a majority approves the PRA shall then move it onto the president. The president may be able to veto the bill to avoid it from becoming law, but if the PRA has a 2/3 majority vote on the bill again, it shall override the veto and become law unless deemed unconstitutional by the RRT.

Article 36

It shall be the primary function of the RRT to act as a judiciary independent from the executive and legislative branch. It shall decide for itself consequences for crimes committed by citizens and shall ensure a just system of judgement.

Article 37

In the case of a vacant seat in the RRT, the President shall nominate his choices for the replacement, but such an appointment has to be approved by the NRC.

Article 38

Treason against Richensland, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.

The PRA shall have Power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted.

Articles (39) to (56): The People's Representative Assembly

Article 39

The People's Representative Assembly is the highest Organ of state power. It exercises the sovereign powers of the state on behalf of the people.

Article 40

In this constitution, the People's Representative Assembly shall be substituted by "PRA" for the sake of ease.

Article 41

The PRA shall be formed with People's deputies elected directly by secret ballot by citizens who have the right to vote under this Constitution and other electoral laws.

Articles 42

The legislative power of the state is vested solely in the PRA, unless stated by law otherwise.

Article 43

The PRA may delegate executive and judicial powers of the state to Central and Local Organs of State Power in accordance with this Constitution.

Article 44

The PRA shall have the right to enact laws concerning the culture of a national race only with the consent of more than half of all the members of the PRA from the state or Division concerned.

Article 45

The PRA shall have exclusive power to enact laws relating to State economic plans, annual budget and taxation.

Article 46

The PRA shall decide-
(a) important matters only by a vote of seventy-five per cent of all of its members;
(b) ordinary matters by a vote of more than half of all its members;
(c) as to whether any matter is important or ordinary by a vote of more than half of the members present.

Article 47

The PRA may decide to declare war and to make peace only by a vote of seventy-five per cent of all its members. The cabinet shall convene an emergency session of the PRA should circumstances call for a decision while the PRA is not in session.

Article 48

The PRA may decide to hold a referendum where necessary.

Article 49

Regular sessions of the PRA shall be convened at least twice a year. The interval between two sessions shall not exceed eight months. The cabinet may summon a special or an emergency session of the PRA where necessary.

Article 50

The cabinet shall convene a session of the PRA as soon as possible if thirty-four per cent of all the members of the PRA so requisition. Members of the PRA shall elect a Head pro tempore of the PRA from amongst themselves. The Head pro tempore of the PRA shall be elected by a simple majority. The Head pro tempore of the PRA shall preside over sessions of the PRA in the absence of the Head.

Article 51

The PRA may form Commissions and Committees as and when necessary and invest them with duties and powers.

Article 52

The PRA shall make laws, rules and procedures for itself and for its Committees in article (51).

Article 53

(a) If need arises to arrest any member of the PRA while it is in session, reliable evidence in support of such need shall be produced before the NRC. No such arrest shall be made without the prior approval of the NRC;
(b) If need arises to arrest any member of the PRA belonging to any organ of the PRA, while such organ is in session, reliable evidence in support of such need shall be produced before the cabinet. No such arrest shall be made without the prior approval of the cabinet;
(c) If any member of the PRA is arrested while the PRA or any organ of the Assembly to which he belongs is not in session the arrest and reliable evidence in support thereof shall be submitted to the cabinet as soon as possible.

Article 54

All deliberations and actions in sessions of the PRA or of the Organs of the PRA are absolutely privileged. No member shall be liable or punishable therefore, except under the laws, rules and regulations of the PRA.

Article 55

When the PRA is not in session, the NRC shall reply to written questions submitted by any member of the PRA within three weeks from the date of receipt of the question.

Article 56

The PRA may be dissolved if seventy-five percent of all its members so resolve.

Articles (57) to (61): The National Revolutionary Commission

Article 57

To supervise the work of the government, a National Revolutionary Commission shall form.

Article 58

In this constitution, the National Revolutionary Commission shall be substituted with "NRC" for the sake of ease.

Article 59

It shall consist of 5 members, one of whom will be the Chairman.

Article 60

The Chairman is elected by the Commission and may serve indefinite renewable terms.

Article 61

The NRC has the power to-
(a) direct the overall work of the state;
(b) submit an agenda that will be discussed by the People's Representative Assembly;
(c) submit an agenda to the People's Representative Assembly;
(d) promulgate ordinances of the People's Representative Assembly and the PRA decrees, decisions and directives and to issue orders;
(e) conclude major treaties and appoint and recall the state's diplomatic representatives to foreign countries;
(f) approve law;
(g) grant special pardon.

Chapter II: Fundamental rights and duties of citizens

Part One: Fundamental rights

Articles (1) to (4): Liberty of a person

Article 1

No person shall be deprived of his life or personal liberty save in accordance with law.

Article 2

Where a person is arrested, he shall be informed as soon as may be of the grounds of his arrest and shall be allowed to consult and be defended by a legal practitioner of his choice.

Article 3

Where a person is arrested and not released, he shall, without unreasonable delay, and in any case within 48 hours (excluding the time of any necessary journey), be produced before a Magistrate and shall not be further detained in custody without the Magistrate’s authority.

Article 4

Articles (3) and (4) shall not apply to an enemy alien or to any person arrested for contempt of the PRA pursuant to a warrant issued under the hand of the Head pro tempore of the PRA.

Articles (5) and (6): Protection against retrospective criminal laws and repeated trials

Article 5

No person shall be punished for an act or omission which was not punishable by law when it was done or made, and no person shall suffer greater punishment for an offence than was prescribed by law at the time it was committed.

Article 6

A person who has been convicted or acquitted of an offence shall not be tried again for the same offence except where the conviction or acquittal has been quashed and a retrial ordered by a court superior to that by which he was convicted or acquitted.

Articles (7) to (9): Equal protection

Article 7

All persons are equal before the law and entitled to the equal protection of the law.

Article 8

Except as expressly authorised by this Constitution, there shall be no discrimination against citizens of the state on the ground only of religion, race, descent or place of birth in any law or in the appointment to any office or employment under a public authority or in the administration of any law relating to the acquisition, holding or disposition of property or the establishing or carrying on of any trade, business, profession, vocation or employment.

Article 9

Article (8) does not invalidate or prohibit any provision regulating personal law or any provision or practice restricting office or employment connected with the affairs of any religion, or of an institution managed by a group professing any religion, to persons professing that religion.

Articles (10) and (11): Prohibition of banishment and freedom of movement

Article 10

No citizen of the state shall be banished or excluded from the state.

Article 11

Subject to any law relating to the security of the state or any part thereof, public order, public health or the punishment of offenders, every citizen of the state has the right to move freely throughout the state and to reside in any part thereof.

Articles (12) to (): Freedom of speech, assembly and association

Article 12

Subject to articles (10) and (11), every citizen of the state has the right to freedom of speech and expression, all citizens of the state have the right to assemble peaceably and without arms, and all citizens of the state have the right to form associations.

Article 13

Part Two: Duties of citizens

Chapter III: National symbols

Chapter IV: Democracy

Chapter V: Citizenship

Chapter VI: Additional articles

Part One: Protection of wildlife and animals from abuse

Part Two: Illegality of forced labor, torture

Part Three: Marriage

Part Four: Driving on the left side of the road

Part Five: Usage of the Metric system and the Gregorian western calendar

Part Six: Homework

Articles (1) to (5): Illegality and consequences of homework in the state

Article 1

Homework is a human rights violation, and shall be bilaterally illegal, therefore banned.

Article 2

Anyone assigning homework that is caught by the state is doomed.

Article 3

Homework makes life difficult. That shall be the universal truth.

Article 4

Anyone supporting such human rights violations as stated in article (1) is weird and shall be an 'enemy of the state'.

Article 5

Articles (1) to (4) shall apply to all homework in general unless stated otherwise in the following articles regarding homework.

Part Seven: Days of national significance

Part Eight: Weird laws

Chapter VII: Amendment to the constitution

Part One: Amendments in general

Articles (1) to (): Definition of 'amendment'

Article 1

'Amendment' includes addition and repeal.

Article 2

Documents regconised as a constitutional amendment are those which-
(a) dictate any changes in the constitution be it through proclamation, acts of the PRA or through petition;
(b) are not in violation of the constitutional procedure to amend this constitution;
(c) approved by the NRC (in the case of an act of the PRA) which therefore means that it does not infringe upon the rights of the citizens of the state, promote biasness towards one racial group and is in line with revolutionary principles.