Constitution of the Imperial States of Forestria

Preamble

The people of Forestria are unique in the fact that we share a separate identity and wish to operate separately under our laws.

 

Whereas, the Emperor of Forestria decreed to succeed from the United States of America. This document outlines the governance of our new nation.  

 

Citation

This document shall be cited as the “Constitutional Ratification of State Powers Act, 2021-2022, Private and Public Law, ID Code: 165937-283-CO-292”.

 

Commencement

This document shall commence into law immediately after the signing of this document.  

 

 

Chapter 1: the Government

 

Article 1 - the Government

The Government shall be the national government of our nation and shall consist of the advisory, imperial, and judicial branches.  

 

Article 2 - Duties and Powers

The Government shall have the duties of:

1. Regulate the currency;

1. Declare war;

1. Maintain foreign affairs;

1. Enforce and execute the constitution;

1. Maintain, propose, and question legislation;

1. Ensure that Forestria operates to the best of our abilities;

1. Regulate domestic trading;

1. Manage roads and transport;

1. Manage education.
   These powers shall be divided between the imperial, advisory, and judicial branches in this document.
    

 

Chapter 2: Advisory

 

Article 3 - the Advisory

Our nation's advisor powers shall be vested under a democratically elected parliament. The Parliament shall have the duties of:

1. Proposing and voting on proposals and documents for the government;

1. Ensuring that our government is functioning.

Article 4 -  Legislative Chambers

1. 
   Parliament shall be a unicameral branch containing the Senate, which its members shall be appointed directly by the people through a plurality.  

Article 5 - Senate Seats

1. 
   The Senate shall include no less than seven seats. These seats shall represent the nation at-large. The creation of a new or removal of a seat shall only be done if it fulfills or fails to meet the criteria of 1 seat for every 6 citizens unless the Senate has seven seats. These changes shall only be made at the start of the election. 

Article 6 - Powers of the Legislature

1. The legislature shall have the powers of:  

1. Dismiss department heads or other government officials through a motion of no confidence;

1. Approves declaration of wars;

1. Read and advise laws before asking the Emperor to sign them.

Article 7 - Vacancies and By-elections

1. 
   Members of Parliament shall have the right to resign from their position without a reason. If a vacancy happens, a by-election shall be held for the specific seat in no less than three weeks after a vacancy happens. No seat changes shall take place during a by-election. If an election is happening between three weeks of the vacancy, the by-election shall be cancelled and the election for the vacancies shall be fulfilled in the aforementioned election. 

Article 8 - Speaker of the House
The Senate shall elect a Speaker of the House with a plurality of the vote and serves indefinitely dependent on the confidence of the house. The Speaker of the House shall  

1. Oversee the Senate;

1. Calls for meetings of the Senate;

1. Ensuring that the Senate is civil and formal.

Article 9 - Powers of the Speaker of the House
The Speaker of the House shall gain these powers:

1. Warn members of Parliament for uncivil and informal activities;

1. Plan meetings to discuss parliamentary agenda;

1. Cast a ballot during division only if a tie has been reached by the Senate;

1. Kick members of Parliament from parliamentary sessions for repeated warnings of unparliamentary actions, uncivil, or informal activities.

 

Chapter 3: Imperial

 

Article 10 - the Imperial

Our nation's imperial and state power shall be vested in the Emperor and their cabinet. The executive shall have the duties of:

1. Creating laws;

1. Proposing amendments to this document;  

1. Declaring wars (with consent of Parliament);

1. Enforcing Laws and this Document;

1. And others

Article 11 - the Emperor
The Emperor shall be the head of government and head of state of our nation, as well as lead the imperial branch of the government. The Emperor shall be a citizen and member and head of Parliament, and gain rule by abdication of death of the emperor before. Emperor shall have the responsibility of:

1. Enforcing, executing, and making laws;

1. Fulfilling duties listed in Article 12 of this very constitution;

1. Providing a stable and effective government to the people of this nation.

Article 12- Powers of the Emperor
The Emperor shall have the powers of:

1. Rejecting legislative documents passed by the Senate;

1. Issue Imperial Decrees that put anything into law regarding the constitution or not;

1. Act as the commander-in-chief of the Forestrian Imperial Armed Forces during a state of wartime;

1. Rule Forestria fairly;
2. Making laws;

Article 14  - the Cabinet
The Emperor shall appoint a cabinet with members of Parliament to oversee ministries and to execute specialized purposes on behalf of the Emperor. Members of the cabinet called thereafter “Ministers” shall be appointed directly by the Emperor, who shall be required to oversee and supervise their ministry, ensuring that it is run to the best of their ability.

Ministers include:

1. Minister of Finance - manages the national budget and our currency;

1. Minister of Foreign and Internal Affairs – manages the foreign policy and affairs of the nation as well as internal affairs;

1. Minister of War - manages armed forces;

New ministries can be created following a passage of a ministerial creation bill in the Senate. 

Article 15 - Ministerial Powers
Ministers shall have the powers of:

1. Issuing ministerial orders that follow the constitution against or without the consent of the Senate in the jurisdiction of their ministries or any child agencies, but can be overruled by an executive order;

1. Control their ministerial department and any child agencies.
    

 

Chapter 4: Judicial

 

Article 16 - the Judicial System

The judicial powers of our nation shall be vested in a court system, consisting of the Superior Court and the Lower Court. The court system shall be managed by the Minister of Foreign and Internal Affairs.  

 

Article 17 - Judges

Judges preside over courts and are chosen depending on what type of court. Judges shall not hold any other political offices during the time of their nomination, appointment, or their judicial career and have the responsibility to uphold our democratic values, interpret the law, and make a non-partisan and impartial ruling.

 

Article 18 - Court Powers

Courts shall have the powers of:

1. Striking down law(s) due to it being unconstitutional;

1. Ability to intercept laws and the words therein;

1. Punish individual(s) for infractions or violations of the law(s).
   The Superior Court shall attain the additional power of:

1. Striking down election results on the basis that rigging, voting fraud, or manipulation is present.

Article 19 - the Superior Court
The Superior Court shall be the highest court of our nation and shall hold the supreme appellate jurisdiction. The Superior Court shall consist of three judges nominated by the Emperor and ratified by the Senate. Cases shall be held by the Superior Court if a plurality of judges agrees to hear it, and if the previous case has been heard in a Lower Court. 

The Superior Court shall also have the responsibility of certifying election results. If the Superior Court finds present voting manipulation, fraud, or rigging, is present, the Superior Court shall have the ability, with a majority vote, to strike down the electoral results and call for a new election.

Article 20 - the Chief Justice
The Chief Justice shall be a judge of the Superior Court and be nominated by the Emperor and ratified by the Senate. The Chief Justice shall administer the Superior Court, oversee Superior Court hearings, and write the opinion of the court if the Chief Justice is in the majority. 

Article 21 - Powers of the Chief Justice
The Chief Justice shall gain the powers of:

1. Calling Superior Court hearings to an approved case;

1. Writing the opinion of the court if the Chief Justice is in the majority.

Article 22 - Lower Court
The Lower Court shall be the court intended for issues relating to minor offences. The Lower Court comprises one judge, appointed through a plurality from the Superior Court. Cases shall be held by the Lower Court through a formal application to the Lower Court and if the judge deems the issue relating to matters. 

Article 23 - Removal of a Judge
Judges can be removed through a supermajority vote of seventy-five percent in the House of Commons.
 

 

Chapter 7: Rights and Freedoms

 

Article 24 - Rights

All people in our nation, as well as users of our Discord server service, shall gain these rights regardless of being a citizen or not of our nation:

1. The right to vote;

1. The right to privacy;

1. The right to a fair trial;

1. The right to political affiliation;

1. The right to peaceful assembly;

1. The right to work.
   The government shall not abridge or deny these rights and shall, to their best of their ability, fulfill these rights.

Article 25 - Freedoms

All people in our nation, as well as users of our Discord server service, shall gain these freedoms regardless of being a citizen or not of our nation:

1. Freedom of speech;

1. Freedom of expression;

1. Freedom of movement;

1. Freedom of religion;

1. Freedom of the press;

1. Freedom from forced servitude.
   The government shall not abridge or deny these freedoms and shall, to the best of their ability, respect these freedoms.
    

 

Chapter 8: Amending this Document

 

Article 26 - Amendments

In order to amend this document, the Government will need to fulfill one or all of these requirements:

1. At least sixty-six percent approval in Parliament or;

1. 2/3 approval from the states
    

 

Signed this 17 February 2021.