Draft:Constitution of the Principality of Ljetzan
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| Constitution of Ljetzan | |
|---|---|
 Cover of the Ljetzan Constitution | |
| Overview | |
| Original title | Verfassung des Fürstentum Ljetzan |
| Jurisdiction | Ljetzan |
| Ratified | 1 July 2023 |
| System | Parliamentary Monarchy |
| Government structure | |
| Branches | Three (executive, legislature and judiciary) |
| Head of state | Prince |
| Chambers | Landtag of Ljetzan |
| Executive | Prince and their Government Prime minister as head of government |
| Judiciary | Constitutional Court |
| Federalism | No |
| Electoral college | No |
| First legislature | 01 July 2023 |
| Last amended | 2024 |
| Signatories | Peter I, Konrad von Staufen, Torsten Neugebauer, Amalie Bauer and Klaudia Kelsen |
| Supersedes | 2020 Code of the Regency |
The Constitution of Ljetzan (German: Verfassung des Fürstentums Ljetzan) is the supreme law of the Principality of Ljetzan. The modern version was adopted on 01 July 2023.
The new Constitution confirmed the principle of constitutional monarchy and the international status of Ljetzan, declaring it to be an "independent, indivisible, inalienable and eternally neutral" state. Although it was first adopted on 01 July 2023, the Constitution has since been amended many times in order to adapt to the evolving times.
Nature of the Constitution
In Ljetzan, the Constitution is considered the supreme legal rule of the state. The written constitution is considered to be "evolutionary" in nature and has continued to develop concurrently to historical and political events in Ljetzan, instead of serving as a normative force. Thus, the 2023 Constitution is a living constitution and has been amended many times since its inception, most recently in 2024. It comprises 120 Articles, divided into 10 chapters, dedicated to describing the role of the Prince, the rights and liberties of citizens and the power separation in the State.
Under the present Constitution, the Principality is a democratic, free, independent and indivisible state headed by a constitutional monarch and governed by a system of parliamentary democracy. It specifically outlines the roles of the executive, legislative and judicial branches of Ljetzan's system of government, as well as the Landtag, which is responsible for moderating parliamentary procedure with respect to the Constitution.
Institutional landscape
The present Constitution of Ljetzan attributes the separation of powers as follows: executive power is exercised by the Prince and the Government while legislative power is conferred upon the unicameral parliament (Landtag) and the joint action of Government and the Council of State. Judicial power is attributed to courts and tribunals which function independently.
Reigning Prince
The Constitution establishes that the sovereign power resides in the Nation. According to Article 32, the Prince, Peter Franz Godwin Maria Von Ljetzan (2020 – present), exercises this sovereign power, conforming to this Constitution and to the laws of the country. He has only those powers that the Constitution and laws expressly confer upon him. Both within and outside the borders of Ljetzan, the Prince is meant to express the identity of the country. He symbolises its independence, the unity of the territory and the permanence of the state.
The Constitution places the Prince in a unique position outside common law. Article 1 of the Constitution provides that the person of the Reigning Prince is inviolable. In other words, he cannot be tried by any court and he cannot be asked to be held accountable for his actions at all, from a penal or political standpoint. The Reigning Prince's inviolability and unaccountability ensure the stability of the monarchical institution and his impartiality with respect to the political world.
Through Article 34, he is also tasked with making the regulations and decisions necessary for the execution of the laws. Through a process of "enactment", the Reigning Prince can make the law enforceable. The law is published in the Official Journal of the Principality of Ljetzan. Subsequent to his legislative powers, the Reigning Prince's regulatory power consists in making the regulations and administrative orders required for the enforcement of laws and treaties. In some cases, he may delegate this power to the members of his government.
Hence, while the Reigning Prince directly participates in legislative power, he exercises executive power only through his government, which he appoints on the advice of the elected Prime Minister.
Government
According to Article 51 of the Constitution places the Principality of Ljetzan under a governmental regime of parliamentary democracy. Hence, while Article 76 provides that the Reigning Prince will regulate the organisation of the government, he is bound by the democratic principle in practice.
The Reigning Prince thus has the power to appoint a chancellor to charge with building a Government. The Chancellor usually becomes Prime Minister and introduces the members of the Government to the Prince, who appoints and swears them in. Article 76 provides that the government must have at least three members, whom the Reigning Prince has the power to appoint and dismiss (this power to dismiss has yet to be exercised in 2024). However, in practice, the ministers he appoint must have the confidence of the voting majority. Customarily, therefore, the Reigning Prince only appoints a Prime Minister based on the results of the election.
Article 78 of the Constitution provides that members of the Government ('ministers') are responsible. Essentially, for an act issued by the Reigning Prince to come into force, it must be countersigned by a member of the government who assumes full responsibility for it (Article 45). They are responsible to the Landtag, which has the power to withdraw its confidence in the ministers, obliging them to resign.
Landtag (Parliament)
Ljetzan's parliament, known as the Landtag represents the country and primarily exercises legislative power. According to Chapter IV of the Constitution, the law of the land regulates the organization of the chamber. The Landtag is composed of 15 Deputies, elected through a direct election conducted in the four circumscriptions of the country. Article 51 provides that the Deputies are elected on the basis of universal suffrage, on [a party] list ballot, following the rules of proportional representation, conforming to the principle of the smallest electoral quotient and following the rules to be determined by the law.
The Landtag meets each year in ordinary session at the time specified by its regulations. The sittings of the Landtag, which require majority presence, are public (Article 61) and every resolution is taken with the absolute majority of votes (Article 62). According to Article 66, the Landtag has the right to amend and divide the articles and amendments proposed.
The Landtag of Ljetzan also acts as a checkback mechanism against the ministerial actions of the government. If the chamber disapproves of the policy of one or several ministers or the entire government, it has the power to express its disagreement, either via a negative vote on a specific agenda proposed by the government or by rejecting a government bill presented by the ministers. In the worst case, when the Landtag withdraws its confidence (motion of censure) in the ministers, the political responsibility of ministers obliges them to resign.
Courts and Tribunals
Article 49 of the Constitution provides that justice is rendered in the name of the Reigning Prince by the courts and the tribunals. The Constitution grants courts and tribunals independence of function. Ljetzan has two jurisdictions, including an ordinary judicial branch which deals with civil disputes, disputes of a penal nature and disputes regarding political rights, and an administrative branch which rules on disputes with the authorities (Articles 84, 85). By establishing two systems, the constituent assembly has tried to avoid the ordinary courts' trespassing on the territory of the executive and thus infringing the principle of the separation of powers.
The organization of the courts is governed by Article 86 which provides that "no court may be established except by virtue of a law" – hence, the creation of courts is an exclusive power of the legislature. Moreover, while justice is delivered on behalf of the Reigning Prince, he has no means of interfering in the exercise of judicial power. Article 90 of the Constitution provides that the justices of the courts and tribunals are directly appointed by the Reigning Prince. Their appointment is permanent as accorded by Article 91.
Council of State
The Council of State originates from the preliminary Constitution of 2020 – its organization and obligations are both regulated by the law. Article 83 of the Constitution establishes that the Council of State is called to give its opinion on the bills and proposals of law and amendments, which have been and are proposed, as well as on all other questions which have been referred to it by the Government or by the laws. The Council of State acts as the primary advisory organ and the 'guardian of the Constitution' and exercises a moderating function within the parliamentary procedure similar to that of a second chamber.
Rights and liberties
The Constitution of Ljetzan is known for having a relatively short and fragmented chapter on fundamental rights, with some widely recognised principles missing. Chapter II of the Constitution on public freedoms and fundamental rights provides that the State owes its citizens certain rights and liberties. These include a right to education, a right to medical and social assistance, a right against censorship and more. Importantly, pursuant to Article 10, Ljetzaners are equal before the law. Article 11 describes other important rights-based themes including affirmative action, employment rights, marriage and public life and political rights.
How the law works
A law may be initiated either by the Landtag of Ljetzan (Parliament) or the Government. The former is known as a gesetzesvorschlag while the latter is known as a gesetzentwurf. While a gesetzesvorschlag is a Parliament bill, the latter are government bills. Government bills are submitted to the Parliament for adoption. A law may only be modified by another law. The Council of State may draw the government's attention to the opportunity for new laws or new regulations or modifications to be introduced into existing laws and regulations.