Constitution of the Aspen Empire

From MicroWiki, the micronational encyclopædia
Jump to: navigation, search

This is the Constitution of the Aspen Empire

Contents

Terminology

Constitution of the Aspen Empire

Preamble

His Majesty the Emperor, In the name of the Aspen Empire and its parliament resolve to establish and ordain this constitution for the protection of territory, citizens, and its laws and customs, and to promote the welfare of the Aspen people.

The territory of this empire shall consist of the provinces of Winchester, Grand Duchy of Gloucester, Grand Duchy of Carolina, and the Kingdom of Appalachia and their constituent dominions and territories.

Bill of Rights

Article I [Human dignity – Human rights – Legally binding force of basic rights]

(1) Human dignity shall be inviolable. To respect and protect it shall be the duty of all state authority. (2) The Aspen people therefore acknowledge inviolable and inalienable human rights as the basis of every community, of peace and of justice in the world. (3) The following basic rights shall bind the legislature (Parliament), the executive (The Crown) and the judiciary (The Supreme Court) as directly applicable law.

Article II [Personal freedoms]

(1) Every person shall have the right to free development of his personality insofar as he does not violate the rights of others or offend against the constitutional order or the moral law. (2) Every person shall have the right to life and physical integrity. Freedom of the person shall be inviolable. These rights may be interfered with only pursuant to a law.

Article III [Equality before the law]

(1) All persons shall be equal before the law. (2) Men and women shall have equal rights. The state shall promote the actual implementation of equal rights for women and men and take steps to eliminate disadvantages that now exist. (3) No person shall be favoured or disfavoured because of sex, sexuality, gender, parentage, race, language, homeland, social class and origin, faith or religious or political opinions. No person shall be disfavoured because of disability.

Article IV [Freedom of faith and conscience]

(1) Freedom of faith and of conscience and freedom to profess a religious or philosophical creed shall be inviolable. (2) The undisturbed practice of religion shall be guaranteed. (3) No person shall be compelled against his conscience to render military service involving the use of arms. Details shall be regulated by law.

Article V [Freedom of expression, arts and sciences]

(1) Every person shall have the right freely to express and disseminate his opinions in speech, writing and pictures and to inform himself without hindrance from generally accessible sources. Freedom of the press and freedom of reporting by means of broadcasts and films shall be guaranteed. There shall be no censorship. (2) These rights shall find their limits in the provisions of general laws, in provisions for the protection of young persons and in the right to personal honour. (3) Arts and sciences, research and teaching shall be free. The freedom of teaching shall not release any person from allegiance to the constitution.

Article VI [Marriage – Family – Children]

(1) Marriage and the family shall enjoy the special protection of the state. (2) The care and upbringing of children is the natural right of parents and a duty primarily incumbent upon them. The state shall watch over them in the performance of this duty. (3) Children may be separated from their families against the will of their parents or guardians only pursuant to a law and only if the parents or guardians fail in their duties or the children are otherwise in danger of serious neglect. (4) Every parent shall be entitled to the protection and care of the community. (5) Children born outside of marriage shall be provided by legislation with the same opportunities for physical and mental development and for their position in society as are enjoyed by those born within marriage.

Article VII [School system]

(1) The entire school system shall be under the supervision of the state. (2) Parents and guardians shall have the right to decide whether children shall receive religious instruction. (3) Religious instruction shall form part of the regular curriculum in state schools, with the exception of non-denominational schools. Without prejudice to the state’s right of supervision, religious instruction shall be given in accordance with the tenets of the religious community concerned. Teachers may not be obliged against their will to give religious instruction. (4) The right to establish private schools shall be guaranteed. Private schools that serve as alternatives to state schools shall require the approval of the state and shall be subject to the laws of the constituencies. Such approval shall be given when private schools are not inferior to the state schools in terms of their educational aims, their facilities or the professional training of their teaching staff and when segregation of pupils according to the means of their parents will not be encouraged thereby. Approval shall be withheld if the economic and legal position of the teaching staff is not adequately assured. (5) A private elementary school shall be approved only if the education authority finds that it serves a special educational interest or if, on the application of parents or guardians, it is to be established as a denominational or interdenominational school or as a school based on a particular philosophy and no state elementary school of that type exists in the municipality. (6) Preparatory schools shall remain abolished.

Article VIII [Freedom of assembly]

(1) All Aspens shall have the right to assemble peacefully and unarmed without prior notification or permission. (2) In the case of outdoor assemblies, this right may be restricted by or pursuant to a law.


Article IX [Freedom of association]

(1) All Aspens shall have the right to form societies and other associations. (2) Associations whose aims or activities contravene the criminal laws or that are directed against the constitutional order or the concept of international understanding shall be prohibited. (3) The right to form associations to safeguard and improve working and economic conditions shall be guaranteed to every individual and to every occupation or profession. Agreements that restrict or seek to impair this right shall be null and void; measures directed to this end shall be unlawful.

Article X [Privacy of correspondence, posts and telecommunications]

(1) The privacy of correspondence, posts and telecommunications shall be inviolable. (2) Restrictions may be ordered only pursuant to a law. If the restriction serves to protect the free democratic basic order or the existence or security of the Federation or of a Land, the law may provide that the person affected shall not be informed of the restriction and that recourse to the courts shall be replaced by a review of the case by agencies and auxiliary agencies appointed by the legislature.

Article XI [Freedom of movement]

(1) All Aspens shall have the right to move freely throughout Aspen territory. (2) This right may be restricted only by or pursuant to a law, and only in cases in which the absence of adequate means of support would result in a particular burden for the community, or in which such restriction is necessary to avert an imminent danger to the existence or the free democratic basic order of the State or of a Land, to combat the danger of an epidemic, to respond to a grave accident or natural disaster, to protect young persons from serious neglect or to prevent crime.

Article XII [Occupational freedom]

(1) All Aspens shall have the right freely to choose their occupation or profession, their place of work and their place of training. The practice of an occupation or profession may be regulated by or pursuant to a law. (2) No person may be required to perform work of a particular kind except within the framework of a traditional duty of community service that applies generally and equally to all. (3) Forced labour may be imposed only on persons deprived of their liberty by the judgment of a court. (4) No person shall have the right to discriminate anyone based on sex, race, ethnicity, political background, or any other form of discrimination except under the following conditions: the person of whom they are hiring do not meet the qualifications, have a criminal record, and/or any previous experiences.

Article XIII [Inviolability of the home]

(1) The home is inviolable. (2) Searches may be authorised only by a judge or, when time is of the essence, by other authorities designated by the laws and may be carried out only in the manner therein prescribed. (3) If particular facts justify the suspicion that any person has committed a felony specifically defined by a law, technical means of acoustical surveillance of any home in which the suspect is supposedly staying may be employed pursuant to judicial order for the purpose of prosecuting the offence, provided that alternative methods of investigating the matter would be disproportionately difficult or unproductive. The authorisation shall be for a limited time. The order shall be issued by a panel composed of three judges. When time is of the essence, it may also be issued by a single judge. (4) To avert acute dangers to public safety, especially dangers to life or to the public, technical means of surveillance of the home may be employed only pursuant to judicial order. When time is of the essence, such measures may also be ordered by other authorities designated by a law; a judicial decision shall subsequently be obtained without delay. (5) If technical means are contemplated solely for the protection of persons officially deployed in a home, the measure may be ordered by an authority designated by a law. The information thereby obtained may be otherwise used only for purposes of criminal prosecution or to avert danger and only if the legality of the measure has been previously determined by a judge; when time is of the essence, a judicial decision shall subsequently be obtained without delay. (6) The Government shall report to Parliament annually as to the employment of technical means pursuant to paragraph (3) and, within the jurisdiction of the Federation, pursuant to paragraph (4) and, insofar as judicial approval is required, pursuant to paragraph (5) of this Article. A panel elected by the Bundestag shall exercise parliamentary oversight on the basis of this report. A comparable parliamentary oversight shall be afforded by the constituencies. (7) Interferences and restrictions shall otherwise only be permissible to avert a danger to the public or to the life of an individual or, pursuant to a law, to confront an acute danger to public safety and order, in particular to relieve an accommodation shortage, to combat the danger of an epidemic or to protect young persons at risk.

Article XIV [Property – Inheritance – Expropriation]

(1) Property and the right of inheritance shall be guaranteed. Their content and limits shall be defined by the laws. (2) Property entails obligations. Its use shall also serve the public good. (3) Expropriation shall only be permissible for the public good. It may only be ordered by or pursuant to a law that determines the nature and extent of compensation. Such compensation shall be determined by establishing an equitable balance between the public interest and the interests of those affected. In case of dispute concerning the amount of compensation, recourse may be had to the ordinary courts.

Article XV [Nationalisation]

Land, natural resources and means of production may, for the purpose of nationalisation, be transferred to public ownership or other forms of public enterprise by a law that determines the nature and extent of compensation. With respect to such compensation the third and fourth sentences of paragraph (3) of Article 14 shall apply mutatis mutandis.

Article XVI-i[Citizenship – Extradition]

(1) No Aspen may be deprived of his citizenship. Loss of citizenship may occur only pursuant to a law and, if it occurs against the will of the person affected, only if he does not become stateless as a result. (2) No Aspen may be extradited to a foreign country. The law may provide otherwise for extraditions to a member state of the European Union or to an international court, provided that the rule of law is observed.

Article XVI-ii [Right of asylum]

(1) Persons persecuted on political grounds shall have the right of asylum. (2) Paragraph (1) of this Article may not be invoked by a person who enters the federal territory from a member state of the European Communities or from another third state in which application of the Convention Relating to the Status of Refugees and of the Convention for the Protection of Human Rights and Fundamental Freedoms is assured. The constituencies outside the European Communities to which the conditions referred to in the first sentence of this paragraph apply shall be specified by a law requiring the consent of the Bundesrat. In the cases specified in the first sentence of this paragraph, measures to terminate an applicant’s stay may be implemented without regard to any legal challenge that may have been instituted against them. (3) By a law requiring the consent of Parliament, constituencies may be specified in which, on the basis of their laws, enforcement practices and general political conditions, it can be safely concluded that neither political persecution nor inhuman or degrading punishment or treatment exists. It shall be presumed that a foreigner from such a state. (4) In the cases specified by paragraph (3) of this Article and in other cases that are plainly unfounded or considered to be plainly unfounded, the implementation of measures to terminate an applicant’s stay may be suspended by a court only if serious doubts exist as to their legality; the scope of review may be limited, and tardy objections may be disregarded. Details shall be determined by a law. (5) Paragraphs (1) to (4) of this Article shall not preclude the conclusion of international agreements of member constituencies of the European Communities with each other or with those third constituencies which, with due regard for the obligations arising from the Convention Relating to the Status of Refugees and the Convention for the Protection of Human Rights and Fundamental Freedoms, whose enforcement must be assured in the contracting constituencies, adopt rules conferring jurisdiction to decide on applications for asylum, including the reciprocal recognition of asylum decisions.

Article XVII-i [Right of petition]

Every person shall have the right individually or jointly with others to address written requests or complaints to competent authorities and to the legislature. Article

Article XVII-ii [Restriction of basic rights in specific instances]

(1) Laws regarding military and alternative service may provide that the basic right of members of the Armed Forces and of alternative service freely to express and disseminate their opinions in speech, writing and pictures (first clause of the first sentence of paragraph (1) of Article 5), the basic right of assembly (Article 8) and the right of petition (Article 17), insofar as it permits the submission of requests or complaints jointly with others, be restricted during their period of military or alternative service. (2) Laws regarding defence, including protection of the civilian population, may provide for restriction of the basic rights of I. Basic Rights 25 freedom of movement (Article 11) and inviolability of the home (Article 13).

Article XVIII [Forfeiture of basic rights]

Whoever abuses the freedom of expression, in particular the freedom of the press (paragraph (1) of Article 5), the freedom of teaching (paragraph (3) of Article 5), the freedom of assembly (Article 8), the freedom of association (Article 9), the privacy of correspondence, posts and telecommunications (Article 10), the rights of property (Article 14) or the right of asylum (Article 16a) in order to combat the free democratic basic order shall forfeit these basic rights. This forfeiture and its extent shall be declared by the Supreme Court.

Article XIX [Restriction of basic rights – Legal remedies]

(1) Insofar as, under this Basic Law, a basic right may be restricted by or pursuant to a law, such law must apply generally and not merely to a single case. In addition, the law must specify the basic right affected and the Article in which it appears. (2) In no case may the essence of a basic right be affected. (3) The basic rights shall also apply to domestic legal persons to the extent that the nature of such rights permits. (4) Should any person’s rights be violated by public authority, he may have recourse to the courts. If no other jurisdiction has been established, recourse shall be to the ordinary courts. The second sentence of paragraph (2) of Article 10 shall not be affected by this paragraph.

Legislature

Article XX [the parliament]

All legislative powers herein granted shall be vested within an Aspen parliament, which shall consist of an Senate and a House of Commons.

Article XXI [the House of Commons]

(1) The House of Commons shall be composed of members directly elected every second year by the people of the several constituencies, and the electors of each state shall have the requisite qualifications for electors of the most numerous branch of the parliament. (2) No person shall be a Member of the House of Commons who have not attained the following requisites: Have been one year a citizen (Excluding the first year of the empire), and a citizen of the state of which they intend to represent. (3) The time, place, and manner of elections for Members of the House of Commons shall be prescribed in each constituency by their respective devolved legislatures; but the parliament may at any time by law make or alter such regulations. (4) the House of Commons shall be the judge of elections, returns, and qualifications of its own members, and a majority shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may be authorized to compel attendance of absent members, in such a manner and under such conditions that each house shall provide. (5) All bills for raising revenue shall originate within the House of Commons; but the Senate may propose or concur with amendments such as on other bills.

Article XXII [the Senate]

(1) the Senate shall be composed of members appointed by the monarch at the recommendation by the Chancellor. (2)An indefinite amount of Lords may be appointed, Lordship may be revoked by ⅔ majority vote of the House of Lords..

Article XXIII [Compensation]

each Member of parliament shall receive compensation for their services, to be determined by the Ministry of the Treasury.

Article XXIV [power to veto and override]

(1) Every bill that shall have passed both houses of parliament shall pass before the Chancellor before it shall become law; if he approves of the bill, he shall sign it, and if not, return it to the house of which it originated with his objections. (2) If the parliament desires to override a veto, they must achieve a two thirds majority in both houses. If the parliament succeeds in overriding the veto, the bill shall be presented directly to the emperor for assent.

Article XXV [Matters of Legislation]

The Following matters shall be under the authority and supervision of the Empire and its legislature. Regulations in respect to the freedom of migration; matters of settlement; Passports; trade and industry, including insurance; the regulation of commerce between foreign nations, constituencies, and other entities; and the borrowing of money and credit from the Imperial Bank.

Legislation concerning punishment for federal crimes not covered by state constitutions

Regulation of the various processes of naturalization and foreign citizens.

Regulation of the Military and armed forces.

Legislation concerning the raising of federal taxes

To declare war; grant peace; and other wartime duties

To make rules for federal and sub-federal governments.

Article XXVI [Limits on parliament]

(1) Limits shall be placed upon the parliament in order to protect the interests and liberties of the people. There shall not be any form of Habeas Corpus unless in the specific exceptions of rebellion or invasion of public safety which may require it. (2) No preference shall be given to any person serving in the parliament, state legislature, or executive office. Article XXVII [Obligation of Contracts] (1) no individual state may enter into any form of treaty, alliance, or Empire; grant letters of Marque or reprisal; print coin or paper money; emit any bill of credit; pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts. (2) No constituency without the approval of parliament, lay any imposts or duties on imports or exports, except for what may be absolutely necessary for executing its inspection laws.

Powers of the Crown

Article XXVIII [powers of the Emperor]

(1) The monarch shall have the title of Aspen Emperor. The Emperor shall represent the Empire among nations, declare war, and conclude peace in the same name, enter into alliances and other conventions with other countries, acredit ambassadors, and receive them. For declaration of war in the name of the Empire, the consent of the Senate shall be required. Except in the case of attack of the Empire or its coasts. (2) So far as treaties with foreign countries refer to matters which in accordance with Article II, the legislature has supervision over, and the Senate must ratify treaties. (3) The Emperor shall have the right to convene the Senate and House of Commons, to open, adjourn, and close them. (4) The Convocation of the Senate and House of Commons shall take place annually, and the Senate may be called to convene without the House of Commons, but the latter may not convene unless there is convocation of the Senate. (i) The Convocation of the Senate shall take place as soon as demanded by one third of its members. (5) The necessary bills shall be laid before the House of Commons in the name of the Emperor, in accordance with the resolution of the Senate, and shall be advocated in the House of Commons by members of the Senate, or by special commissioners appointed by said Senate. (6) The Emperor shall hold the right to prepare and publish laws of the Empire. The decrees and Ordinances of the Emperor shall be published in the name of the Empire, and require for their validity the signature of the chancellor of the Empire, who thereby becomes responsible for their execution. (7) The Emperor shall appoint the Imperial officials, require them to take the oath of allegiance, and dismiss them when necessary. Officials appointed to any office of the Empire from one of the constituencies of the Empire shall enjoy the same rights as those to which they are entitled in their native constituencies by their official position, provided no other legislative provision shall have been made previously to their entrance into the service of the Empire. (8) If constituencies of the Empire do not fulfill their constitutional duties, proceeding may be instituted against them by military execution. This execution shall be ordained by the Senate, and enforced by the Emperor.

ARTICLE XXIX [The Chancellor]

(1) The Chancellor of the Empire is to be appointed by the Monarch at the request of the House of Commons to serve as His/Her Majesty’s pleasure. (2) The Chancellor shall be appointed for a term of six years. (3) The Chancellor of the Empire shall reserve the power, with consent of the House of Commons, appoint a cabinet of ministers to advisory positions as well as appoint leaders of the various executive organs of the Empire. (4) the Chancellor shall retain the right to convene the House of Commons without consent of the Emperor in the numerous cases of crisis, war, or the a climate of clear and present danger to the various citizens of the various constituencies of the Empire. (5) If the chancellor can no longer command the confidence of the House of Commons, then a member of the House may propose a vote of no confidence, if two thirds of the House of Commons agree that the chancellor has committed a crime of this magnitude, the Chancellor shall be replaced by the second highest ranking member of the House of Commons.

Article XXX [the Judiciary]

(1) the Judicial powers of the Aspen Empire shall be vested within a supreme court, and in such inferior courts that the parliament may from time to time ordain or establish. The Judges of both the Supreme Court and the Inferior Courts, shall hold their offices during good behavior, and shall, at stated times, receive for their services a compensation which shall not be diminished during their continuance in office. (2) In all cases affecting ambassadors, public ministers and consuls, and those in which a state shall be a party, the Supreme Court shall have original jurisdiction. In all other cases before mentioned, the Supreme Court shall have Appellate Jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the parliament shall make. (3) The trial of all crimes except Impeachment, shall be by jury; and such trial shall be held in the state in which they were committed; but when not committed within any state, the trial shall be at such a place or places as the parliament may by law have directed. (4) Treason against the Aspen Empire, 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. (5) The parliament shall have the 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 attained.

Provinces

Article XXXI [devolved powers of the provinces]

(1) each province of the Aspen Empire shall be granted a certain degree of freedom as allowed by the parliament. (2) these provinces shall be granted the authority to hold their own parliament and are entitled to the election of a premier to serve as their respective executives. (3) parliaments in these provinces shall be called upon or dissolved by the Parliament of the Aspen Empire from time to time.

Article XXXI-i [constituencies]

(1) each province shall be further divided into constituencies of roughly equal population. (2) each constituency will elect one person to the national parliament. Article XXXII [Citizenship] (1) There shall only be one citizenship of Aspen, and the citizens or subjects of each state of the Empire shall be treated in any other state thereof as natives, and shall have the right of becoming permanent residents, of carrying on business, or filling public offices, and may acquire all civil rights on the same conditions as those born in said provinces, and shall also the same usage as regards civil prosecution and the prosecution of the laws. (2) No Aspen shall be limited in the exercise of this privilege by the authorities of his native State, or by the authorities of any other of provinces or dominions in the Empire. The regulations governing the care of paupers, and admission in to the various parishes, are not affected by the principle enunciated in the first paragraph. In the like manner those shall remain in force which have been concluded between the various provinces of the Empire in relation to custody of persons who are to be expelled, the care of the sick, and the burial of deceased citizens. (3) With regard to the performance of military service to the various constituencies, the necessary laws will be passed hereafter. (4) All Aspen citizens in foreign countries shall have equal claim upon the protection of the Empire. (5) The Citizens of each province shall be entitled to all Privileges and Immunities of Citizens in the several constituencies. (6) A Person charged in any province with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another province, shall on demand of the executive Authority of the province from which he fled, be delivered up, to be removed to the State having Jurisdiction of the Crime.

Article XXXIII [Admission of new provinces]

(1) New constituencies may be admitted by the parliament into this Empire; but no new constituencies shall be formed or erected within the Jurisdiction of any other State; nor any State be formed by the Junction of two or more constituencies, or parts of constituencies, without the Consent of the Legislatures of the constituencies concerned as well as of the parliament. (2) The parliament shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the Aspen Empire; and nothing in this Constitution shall be so construed as to Prejudice any Claims of the Aspen Empire, or of any particular State.

Amendments or Changes

Article XXXIV [Amendments to the Constitution]

The parliament, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of the constituencies, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as part of this Constitution, when ratified by the Legislatures of three fourths of the several constituencies, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the parliament.

Article XXXV [Treaties]

(1) This Constitution, and the Laws of the Aspen Empire which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the Aspen Empire, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding. (2) The Members of Parliament of the House of Commons before mentioned, and all executive and judicial Officers, both of the Aspen Empire and of the several constituencies, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the Aspen Empire.

Domestic Affairs

Article XXXVI [Customs and Commerce]

(1) the Aspen Empire shall form a customs and Commercial Union, having a common frontier for the collection of duties. Such territories as cannot, by reason of their situation, be suitably embraced within the said frontier, shall be excluded. It shall be lawful to introduce all articles of commerce of any State of the Empire into any other State of the Empire without paying any duty thereon, accepts so far as such articles are subject to internal taxation therein. (2) The Empire shall have the exclusive power to legislate concerning everything relate to the customs; the taxation of salt and tobacco manufactured or raised in the territory of the Empire; concerning the taxation of manufactured brandy and beer, and of sugar and syrup prepared from beets or other domestic productions. It shall have exclusive power to legislate concerning the mutual protection of taxes upon articles of consumption levied in the several constituencies of the Empire; against embezzlement; as well as concerning the measures which are required in granting exemption from the payment of duties, for the security of the common customs frontier. (3) The Emperor shall have the supervision of legal proceedings instituted by the officials of the Empire, when he shall designate as adjuncts to the Custom or Excise Offices, and board of directors of the several constituencies, after hearing the committee of the Senate on customs and revenues. Notes given by officials as to defects in the execution of the laws of the Empire shall be submitted to the Senate for action. (4) In taking action upon the rules and regulations for the execution of the laws of the Empire, the vote of the presiding officer shall decide whenever he shall pronounce for upholding the existing rule or regulation. (5) The amounts accruing from customs and other revenue, so far as they are subject to legislation by the House of Commons, shall go to the treasury of the Empire. This amount is made up of the total receipts from the customs and other revenues, after deducing therefrom- Tax compensations and reductions in conformity with existing laws and regulations. Reimbursements for taxes unduly imposed. The costs for collection and Administration, viz.: In the department of customs, the costs which are required for the protection and collection of customs on the frontiers and in the frontier districts. In the department of the duty on salt, the costs which are used for the pay of the others charged which collecting and controlling these duties in the salt mines. In the department of duties on beet-sugar and tobacco, the compensation which is to be allowed, according to the resolution of the Senate, to the several State Government for the cost of the collection of these duties. Fifteen percent of the total receipts in the departments of the other duties. (6) The quarterly statements to be regularly made by the revenue officers of the Federal constituencies at the end of every quarter, and the final settlements (to be made of the end of the year, and after f the closing of the account-books) of the receipts from customs, which have become due in the course of the quarter, or during the fiscal year, and the revenues of the Treasury of the Empire, according to Article 38, shall be arranged by the boards of directors of the Federal constituencies, after a previous examination in general summaries, in which every duty is to be shown separately; these summaries shall be transmitted to the Federal Committee for Accounts. The latter provisionally fixes every three months, taking as a basis these summaries, the amount due to the Treasury of the Empire from the Treasury of each State, and it shall inform the Senate and the Federal constituencies of this act; it shall submit to the Senate annually the final statement of these amounts, with its remarks. The Senate shall deliberate upon the fixing of these amounts.


Article XXXVII [Communications]

(1) The posts and telegraphs shall be organized and managed as constituencies institutions throughout the Aspen Empire. The legislation of the Empire in regard to postal and telegraphic affairs, does not extend to those matters whose regulation is left to managerial arrangement, according to the principles which have control the Aspen administration of posts and telegraphs. (2) The receipts from posts and telegraphs are a joint affair throughout the Empire. The expenses shall be paid from the general receipts. The surplus goes into the Treasury of the Empire. (3) The Emperor has the supreme supervision of the administration of posts and telegraphs. The authorities appointed by him are in duty bound and authorised to see that uniformity be established and maintained in the organisation of the administration and in the transaction of business, as also in regard to the qualification of employs. (4) The Emperor shall have the power to make general administration regulations, and also exclusive to regulate the relations which are to exist between the post and telegraph offices of Aspen and those of other countries. (5) It shall be the duty of the officers of the Post office and Telegraph Department to obey Imperial Orders. This obligation shall be included in their oath of office. The appointment of superior officers (such as directors, counselors, and superintendents), as they shall be required for the administration of the posts and telegraphs in the various districts; also the appointment of officers of the posts and telegraphs (such as inspector or comptrollers), acting for aforesaid authorities in the several districts, in the capacity of supervisors, shall be made by the Emperor for the whole territory of Aspen Empire, and these officers shall take the oath of fealty to him as a part of their oath of office. The Government of the several constituencies shall be inform in due time, by means of Imperial confirmation and official publication, of the aforementioned appointments, so far as they may relate to their territories. (6) Other officers required by the Department of Posts and Telegraphs, as also all officers to be employed at the various stations, and for technical purposes, etc., shall be appointed by the respective Governments of the constituencies. (7) Where there is no independent administration, or inland mails or telegraphs, the terms of the various treaties are to be enforced. (8) In assigning the surplus if the Post-office Department to the Treasury of the Empire for general purposes, the following procedure is to be observed in the consideration of the difference which has heretofore existed in the clear receipts of the Post Office Departments of the several territories for the purpose of securing a suitable equalisation during the period of transition below named. (9) Of the Post Office surplus, which accumulated in the several mail districts during the five years from 2014 to 2019, an average yearly shall be computed, and the share which every separate mail district has had in the surplus resulting therefrom for the whole territory of the Empire shall be fixed upon by a percentage. (10) In accordance with the proportion thus made, the several constituencies shall be credited on the account of their other contributions to the expenses of the Empire with their quota accruing from the postal surplus in the Empire, for a period of eight years subsequent to their entrance to the Post Office Department of the Empire. At the end of the said eight years the distinction shall cease, and any surplus in the Post Office Department shall go, without division, into the Treasury if the Empire.

Article XXXVIII [Marine and Navigation]

(1) The navy of the Empire is a united one under the supreme command of the Emperor. The Emperor is charged with its organization and arrangement, and he shall appoint the officers and officials of the navy, and in his name these seamen shall be sworn in. (2) The expenditure required for establishment and maintenance of the navy and the institution connected therewith shall be defrayed from the Treasury of the Empire. (3) All seafaring men of the Empire, including machinists and hands employed in ship-building are exempt from serving in the army, but obliged to serve in the Imperial navy. (4) The appointment of men to supply the wants of the navy shall be made according to the actual seafaring population, and the quota furnished in accordance herewith by each constituencies shall be credited to the army account.

Article XXXIX [Merchant and Trade Vessels]

(1) The merchant vessels of all constituencies of the Empire shall form the commercial marine. (2) The Parliament shall determine the process of ascertaining the tonnage of sea going vessels, shall regulate the issuing of tonnage certificates and sea-letters, and shall fix the conditions to which a permit for commanding a sea-going vessel shall be subject. (3) The merchant vessels of all constituencies of the Empire shall be admitted on an equal footing to the harbors, and to all natural and artificial water-courses of the several constituencies of the Empire, and shall receive the same usage therein. (4) The duties which shall be collected from sea-going vessels, or levies upon their freights, for the use of naval institutions in the harbors, shall not exceed the amount required for the maintenance and ordinary repair of these institutions. (5) On all natural of watercourses, duties are only levied for the use of special establishments, which serve for facilitating commercial intercourse, These duties, as well as the duties for navigating such artificial channels, which are property of the State, are not to exceed the amount required for the maintenance and ordinary repair of the institutions and establishments. These rules apply to rafting, so far as it is carried on navigable watercourses. (6) The levying of other or higher duties upon foreign vessels or their freights than those which are paid by the vessels of the Federal constituencies or their freights does not belong to the various constituencies, but the Empire. (7) The flag of the war and merchant navy shall be red and gold.

Article XL [Consular Affairs]

(1) The Emperor shall have the supervision of all consular affairs of the Aspen Empire, and he shall appoint consuls, after hearing the committee of the Senate on Commerce and Traffic. (2) No new State consulates are to be established within the jurisdiction of the Aspen consuls. Aspen consuls shall perform the represented in their district. All the new existing State consulates shall be abolished, as soon as the organisation of the Aspen Consulates shall be completed, in such a manner that the representation of the separate interests of all the Federal constituencies shall be recognised by the Senate as secured by the Aspen consulates.

Article XLI-i [Military Affairs]

(1) Every Aspen is subject to military duty, and in the discharge of this duty no substitute can be accepted. (2) The costs and the burden of all the military system of the Empire are to be borne equally by all the Federal constituencies and their subjects, and no privileges or molestations to the several constituencies or classes are admissible. Where an equal distribution of the burdens cannot be effected in natura without prejudice to the public welfare, affairs shall be equalised by legislation in accordance with the principles of the justice. (3) The strength of the Aspen army in time of peace shall be, until the 31st December, 2019, 1 percent of the population of 2012, and shall be furnished by the several Federal constituencies in proportion to their population. In future the strength of army in time of peace shall be fixed by legislation. (4) Section IV, After the publication of this Constitution the complete Winchester military system of legislation shall be introduced without delay throughout the Empire, as well as statutes themselves as the regulations, instructions, and ordinances issued for their execution, explanation, or completion; the regulations with respect to recruiting, time of service, matters relate to service and subsistence, to the quartering of troops, claims for the damages, mobilising, etc, for times of peace and war. Orders for the attendance of the military upon religious services is, however, excluded. (5) When a uniform organisation of the Aspen army shall have been established, a comprehensive military law for the Empire shall be submitted to the House of Commons and the Senate for their action in accordance with the Constitution (6) The total land force of the Empire shall form one army, which, in war and in peace, shall be under the command of the Emperor. (7) The regiments, etc, throughout the whole Aspen army shall bear continuous numbers. The principle colours and cut of the garments of the Royal Winchester army shall serve as a pattern for the rest of the army. It is left to the commanders of contingent forces to choose the external badges, cockades, &c. (8) It shall be the duty and the right of the Emperor to take care that, throughout the Aspen army, all divisions be kept full and well equipped, and that unity be established and maintained in regard to organisation and formation, equipment, and command in the training of the men, as well as in the qualification of the officers. For these purpose the Emperor shall be authorised to satisfy himself at any time of the condition of the several contingents, and to provide remedies for existing defects. (9) The Emperor shall determine the strength, composition, and division of the contingents of the Imperial army, and also the organisation of the militia, and he shall have the right to designate garrisons within the territory of the Empire, as also to call any portion of the army into active service. (10) In order to maintain the necessary unity in the care, arming, and equipment of all troops of the Aspen army, all orders hereafter to be issued for the Winchester army shall be communicated in due form the commanders of the remaining contingents by the Committee on the army and fortifications.

Article XLI-ii [Manner of Order]

(1) All Aspen troops are bound implicitly to obey the orders of the Emperor. This obligation shall be included in the oath of allegiance. The Commander-in-chief of a contingent, as well as all officers commanding troops more than one contingent, and all commanders of fortress, shall be appointed by Emperor. The officers appointed by the Emperor shall take the oath of fealty to him. (2) The appointment of generals, or officers performing the duties of generals, in contingent force, shall be in each subject to the approval of the Emperor. The Emperor has the right with regard to the transfer of officers, with or without promotion, to positions which are to be filled in the service of the Empire, be it in the Winchester army or in other contingents, to select from the officers of all the contingents of the army of the Empire. (3) The right to build fortresses within the territory of the Empire shall belong to the Emperor, who shall ask for the appropriation of the necessary means required for that purpose, if not already included in the regular appropriation. (4) If not otherwise stipulated, the Princes of the Empire and the Senate's shall appoint the officers of their respective contingents. They are the chiefs of all troops belonging to their respective territories, and are entitled to the honours connected therewith. (5) They shall have especially the right to hold inspections at any time, and receive, besides the regular reports and announcements of changes for publication, timely information of all promotions and appointments concerning their respective contingents. (6) They shall also have the right to employ, for police purposes, not only their own troops, but all other contingents of the army of the Empire which are stationed in their respective territories. (7) The unexpended portion of the military appropriation shall, under no circumstances, fall to the share of a single Government, but at all times to the Treasury of the Empire. (8) The Emperor shall have the power, if the public security of the Empire demand it, to declare martial law in any part thereof, until the publication of a law regulating the grounds, the form of announcement, and the effects of such a declaration, the provisions of the Winchester law of June 4, 2017, shall be substituted therefor.

Article XLII [Imperial Treasury]

(1) All receipts and expenditures of the Empire shall be estimated yearly, and included in the financial estimate. The latter shall be fixed by law before the beginning of the fiscal year, according to the following principles:- (2) The surplus of the previous year, as well as the customs duties, the common excise duties, and the revenue derived from the postal and telegraph service shall be applied to the defrayal of all general expenditure. In so far as these expenditures are not covered by the receipts, they shall be raised, as long as no taxes of the Empire shall have been established, by assessing the several constituencies of the Empire according to their population, the amount of the assessment to be fixed by the Chancellor of the Empire in accordance with the budget agreed upon. (3) The general expenditure shall be, as a rule, granted for one year; they may, however, in special cases, be granted for a longer period. During the period of transition fixed in Article 60, the financial estimate, properly classified, of the expenditures, of the army shall be laid before the Senate and the House of Commons for their information. (4) The general expenditure shall be, as a rule, granted for one year; they may, however, in special cases, be granted for a longer period. During the period of transition, the financial estimate, properly classified, of the expenditures, of the army shall be laid before the Senate and the House of Commons for their information. (5) An annual report of the expenditure of all the receipts of the Empire shall be rendered to the Senate and the House of Commons, through the Chancellor of the Empire. (6) In cases of extraordinary requirements, a loan may be contracted in accordance with the law of the Empire, such loan to be granted by the Empire.

Article XLIII [Settlement Disputes and Modes of Punishment]

(2) Every attempt against the existence, the integrity, the security, or the constitution of the Aspen Empire; finally, any offence committed against the Senate, the House of Commons, a member of the Senate, or of the House of Commons, a magistrate or public official of the Empire, while in the execution of his duty, or with reference to his official position, by word, writing, printing, signs, or caricatures, shall be judicially investigated, and upon conviction, punished in the several constituencies of the Empire, according to the law therein existing, or which shall hereafter exist in the same, according to which laws a similar offence against any one of the constituencies of the Empire, its constitution, legislature, members of its legislature, authorities, or officials is to be judged. (2) For those offences, specified in Article III, against the Aspen Empire, which, if committed against one of the constituencies of the Empire, would be deemed high treason, The Supreme Court shall be the competent deciding tribunal in the first and the last resort. More definite provisions as to the competency and the proceedings of the superior court of appeals shall be adopted by the Legislature of the Empire. Until the passage of a law of the Empire, the existing competency of the courts in the respective constituencies of the Empire, and the provisions relative to the proceedings of those courts, shall remain in force. (3) Disputes between the different constituencies of the Empire, so far as they are not of a private nature, and therefore to be decided by the competent authorities, shall be settled by the Supreme Court, at the request of one of the parties. Disputes relating to constitutional matters in those of the constituencies of the Empire whose Constitution contains no provision for the settlement of such differences, shall be adjusted by the Senate, at the request of one of the parties, or if this cannot be done, they shall be settled by the Judicial power of the Empire. (4) If in one of the constituencies of the Empire justice shall be denied, and no sufficient relief can be procured by legal measures, it shall be the duty of the Senate to receive substantiated complaints concerning denial or restriction of justice, which are to be judged according to the constitution and the existing laws of the respective constituencies of the Empire, and thereupon to obtain judicial relief from the confederate Government in the matter which shall have given rise to the complaint.

Section VII

Signatories

Done in convention of the unanimous consent of the numerous federal constituencies present the sixteenth day of february, two thousand and eighteen. In witness whereof we have subscribed our names.

Amendments

Amendment I

provinces shall be admitted to the Empire so long as it was by their own decision and accord to do so; no state shall be required nor forced to join the Empire.