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The Constitution

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PREAMBLE

The Thracian Nation, desiring to establish justice, liberty, and security, and to promote the well-being of all its members, in the exercise of its sovereignty proclaims its will to: guarantee democratic coexistence within the Constitution and the laws in accordance with a just economic and social order;
consolidate a state of law which insures the rule of law as the expression of the popular will;
protect all Thracians and peoples of Thrace in the exercise of human rights, their cultures, traditions and institutions;
promote the progress of culture and the economy to insure a dignified quality of life for all;
establish an advanced democratic society; and
collaborate in the strengthening of peaceful relations and effective cooperation among all the peoples of the earth.
Therefore, the Sovereign approves, and the Thracian people ratify the following Constitution:

ARTICLE I: GENERAL PROVISIONS

1.) The name and style of this political entity shall be the "Empire of Thrace".
2.) National Sovereignty belongs to the Monarch together with the Thracian people from whom emanate the powers of the state.
3.) The Form of Government, established by this Constitution shall be a constitutional monarchy possessing a government consisting in form of a parliamentary democracy.
4.) The Head of State shall be vested in the person of the Emperor, and in the event of a female occupant of the Throne, the Empress. The Head of State shall be the final arbiter in all matters, overseeing the actions of His Government.
5.) The powers of the Government shall be divided among three distinct branches, the legislative, executive, and judicial. No person or persons belonging to or constituting one branch shall exercise any of the powers properly belonging to either of the others, except as expressly provided in this Constitution.
6.) Citizenship shall endow an individual with all rights, privileges and duties as defined in this document, and is determined by an individual being a member of the Thracian nation from the inception thereof, or in petitioning the government for naturalization.
7.) Political parties express democratic pluralism, assist in the formulation and manifestation of the popular will, and are a basic instrument for political participation. Their creation and the exercise of their activity are free within the observance of the Constitution and the laws. Their internal structure and operation must be democratic.
8.) Trade unions and associations of employers contribute to the defense and promotion of their own economic and social interests. Their creation and the exercise of their activity are free within the observance of the Constitution and the laws. Their internal structure and operation must be democratic.
9.) The citizens and public powers are subject to the Constitution and the legal order.
10.) It is the responsibility of the public powers to promote conditions so that liberty and equality of the individual and the groups he joins will be real and effective; to remove those obstacles which impede or make difficult their full implementation, and to facilitate participation of all citizens in the political, economic, cultural, and social life.
11.) The Constitution guarantees the principle of legality, the normative order, the publication of the norms, the non-retroactivity of punitive provisions which are not favorable to, or which restrict individual rights, legal security, and the interdiction of arbitrariness of public powers.
12.) In all instances, wherein this document makes reference to the masculine pronoun, shall not exclude, the feminine gender, and shall be construed as implying inclusiveness.

ARTICLE II. CHARTER OF RIGHTS AND LIBERTIES

The dignity of the person, the inviolable rights which are inherent, the free development of the personality, respect for the law and the rights of others, are the foundation of political order and social peace. The norms relative to basic rights and liberties which are recognized by the Constitution shall be interpreted in conformity with the Universal Declaration of Human Rights and the international treaties and agreements on those matters ratified by the Empire of Thrace. Specifically, this Charter declares the following rights and liberties:
1.) Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination based on race, national or ethnic origin, colour, religion, political affiliation, gender, sexual orientation, age, or mental or physical disability.
2.) Every person may freely speak, write and publish his sentiments on all subjects, being responsible for the abuse of that right. No law shall be passed to restrain or abridge the liberty of speech or of the press, unless the extreme abuse of this right constitutes a substantial and clearly definable danger to the security of the State.
3.) The people have the right freely to assemble together, to consult for the common good, to make known their opinions to their representatives, and to petition for redress of grievances.
4.) Freedom of ideology, religion, and cult of individuals and communities is guaranteed without any limitation in their demonstrations other than that which is necessary for the maintenance of public order protected by law. No one may be obliged to make a declaration regarding his ideology, religion, or beliefs. No religion shall have a state character. The public powers shall take into account the religious beliefs of Thracian society and maintain the appropriate relations of cooperation, with the formerly established Bulgarian Orthodox Church and other denominations.
5.) All persons are by nature free and independent, and have certain natural and unalienable rights, among which are those of enjoying and defending life and liberty, of acquiring, possessing, and protecting property, and of pursuing and obtaining safety and happiness, none of which can be taken from a person unless through the due process of law.
6.) The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated; and no warrant shall issue except upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the papers and things to be seized.
7.) The right of trial shall remain inviolate, in all criminal prosecutions the accused shall have the right to a speedy and public trial; to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor; and to have the assistance of counsel in his defense.
8.) No person shall be compelled to incriminate himself.
9.) No person shall, after being acquitted of an offence, be tried subsequently for the same.
10.) No person shall be imprisoned for debt.
11.) The right of suffrage shall not be denied unless to individuals convicted of such crimes that designate the person becoming deprived pursuant to law, however, upon pardon or sufficient restoration by law, the right of suffrage shall be enjoyed.
12.) The right of individuals to defend themselves with force against unjust aggression or assault shall not be infringed.
13.) Private property shall not be taken for public use without just compensation.
14.) This enumeration of rights and privileges shall not be construed to impair or deny others retained by the people.

ARTICLE III: THE RENUNCIATION OF WAR

Whereas the essence of war is not in keeping with our virtues as a peaceful people, the people renounce acts of war and provocations to war, and likewise refuse to resort to war and acts of aggression.

ARTICLE IV: THE POWERS AND DUTIES OF THE CROWN


1.) The Crown shall be personified through the person of the Emperor, or in the case of a female holder of the Throne, the Empress as Head of State, and include the persons of the Imperial Family and the Imperial Household. The Emperor, as Head of State, is the symbol of the unity and permanence of the State.
2.) The person of the Emperor is inviolable and is not subject to responsibility. His ministers are responsible.
3.) The Emperor shall consult the Prime Minister before traveling abroad, or brief periods which he must be away from his duties. If the absence is extended beyond two weeks, the Lord Chancellor shall perform the duties of the Head of State in that temporary capacity.
4.) The Emperor shall have the power to enact Laws by Imperial Decree, however, all Imperial Decrees must be countersigned by a Cabinet minister. A Imperial Decree transmitted to the cabinet for countersignature must be published in the public forums by the Prime Minister or by the cabinet minister responsible for countersigning it within twenty-four hours if it is signed. If A Imperial Decree is not signed it shall be returned to the Head of State within twenty-four hours. A two-thirds vote of the Parliament in disapproval shall nullify a Imperial Decree.
5.) The Emperor, through the process of the Imperial Assent, may approve or disapprove of an Act of the Parliament. Only acts that receive approval through the Imperial Assent shall be made into Law. Acts that do not receive the consideration of the Crown within 15 days after being dispatched to the Emperor for his Assent, shall be passed into Law with the Imperial Assent being automatically assumed.
6.) The Emperor shall convoke and dissolve the Parliament and call elections under the terms provided for in the Constitution.
7.) The Emperor may convoke a referendum on the advice of the Cabinet or Parliament.
8.) The Emperor may declare a state of emergency during which time he may dissolve the Parliament and rule by decree should it become clearly apparrent that the Parliament is no longer able to function, thus endangering the survival of the state. The Emperor shall call a national election within two weeks of declaring a state of emergency, thereby restoring the Parliament. In the event that the Parliament cannot be restored, the Emperor shall rule the land independently until such time as the people manifest an ability to govern themselves.
9.) The Emperor shall appoint and dismiss members of the government on the advice of the Prime Minister.
10.) The Emperor excercises supreme command of the forces and instruments of national defence.
11.) The Emperor accredits ambassadors and other diplomatic representatives. Foreign representatives in Thrace are accredited before him.
12.) It is incumbent upon the Emperor to express the consent of the State to obligate itself internationally through treaties in conformity with the Constitution and the laws.
13.) The Emperor may execute Imperial Warrants, and Letters Patent to associations and corporate bodies within the Realm.
14.) The Emperor has the power to grant pardons, reprieves, and amnesty to convicted persons.
The Emperor, as the fons honorum, has sole power to elevate citizens to the nobility, grant and bestow orders of chivalry, and present honours.
15.) The Emperor may declare national holidays of a temporary or of a fixed permanent nature by proclamation.
16.) The Emperor, upon his coronation, investiture, or enthronement, will swear to faithfully carry out his functions, to obey the Constitution and the laws and ensure that they are obeyed.

17.) The Emperor shall address a joint session of the Imperial Parliament at least once a year to deliver an Imperial Address as to the State of the Realm. This address by the Emperor to both Chambers of Parliament shall be delivered by the Emperor between January and March of each calendar year. Should the Emperor for some reason be unable to deliver this Address then he may designate the Address to be delivered by the Empress or Crown Prince.


ARTICLE V: SUCCESSION

Section 1: The Emperor may designate a successor to the throne from among the Imperial Family or from among the nobility. That successor shall immediately assume the Throne in the event of the death, abdication, or permanent incapacitation of the Head of State.
Section 2: Should the Throne not designate a successor, or for other reasons a successor not be available, the following procedures are in place:
A.) Should the Imperial Family become extinct, the High Court shall act in the capacity as Head of State until such time as an individual is nominated by the said High Court, and selected by public plebescite to assume the throne, or an heir to the Throne comes of age as defined in subsequent statute.
B.) If the Emperor has been continuously prevented for a period of two months from carrying out his duties, or has failed to carry them out, the Government shall notify the matter to the Parliament. The Parliament shall resolve whether the Emperor shall be deemed to have abdicated. In the interim period, commencing with the Government notification to Parliament, the procedure outline in Clause A, shall be implemented.

Succession to the Throne Act can be viewed at the Parliament of Thrace web cite http://parliament.hit.bg/acts

ARTICLE VI: REGENCY

1.) In the event of the Emperor’s declared incapacitation, the Lord Chancellor shall be named Regent for as long as it can be determined that the Emperor lives and wills to remain upon the throne.
2.) The Lord Chancellor will attempt to contact the Emperor once every two months during his regency. If the Emperor shall respond and indicate his desire to remain on the throne, the regency shall continue. If the Emperor indicates that he does not wish to remain on the throne, the Lord Chancellor shall inform the government. If there is an appointed heir to the throne, he shall be immediately named Emperor. If there be no apparrent heir to the throne, the procedure outlined in Article V, Section 2, Clause A will be implemented.
3.) The procedures outlined in Arcticle V, Section 2, Clause A will be implemented should the Lord Chancellor, acting as Regent, inform the Government that he has fallen completely out of contact with the Emperor.
4.) If at any point during a regency the Emperor shall communicate that he is once again able to resume his functions and duties, the regency shall come to an end.

ARTICLE VI: THE IMPERIAL COUNCIL OF STATE

1.) The Imperial Council of State is the highest consultative organ of the government. It’s function is to advise and assist the Emperor in the governing of the realm. It shall have no executive powers but shall act purely in an advisory capacity.
2.) The Imperial Council of State shall consist of five members chosen to represent a broad spectrum of Thracian society. Persons holding national elective office may not sit on the Imperial Council of State.
3.) The Emperor shall appoint 3 persons to sit on the Council. The Prime Minister shall appoint two. Those members appointed by the Emperor shall sit upon the Council at the Emperor’s pleasure. Those members appointed by the Prime Minister shall resign upon the resignation, removal or death of the Prime Minister which appointed them.
4.) The Emperor shall appoint from among the five members a Lord Chancellor to preside over the Imperial Council of State.
5.) The Lord Chancellor shall discharge the duties and functions of the Head of State when the Emperor declares that he shall be absent from the nation for a period or two weeks or longer. The Lord Chancellor shall assume the duties of the Head of State on the declared date of the Emperor’s departure and shall relinquish them immediately upon hearing word of the Emperor’s return.
6.) Should the Emperor not return, the Lord Chancellor will continue to act in the capacity of Head of State for a period of no longer than two months, after which the procedure outline in Article V, Section 2, Clause B, shall be implemented.

ARTICLE VII: PARLIAMENT (amendment to the constitution)

1.) The Legislative Power shall be vested in a Bicameral Parliament composed of two Houses. The two Houses of Parliament shall be the House of Lords, the upper house, and the Chamber of Deputies, the lower house. Members of the House of Lords shall be composed of the adult nobility of the Empire. Members of the Chamber of Deputies shall be composed of citizens elected by popular vote who shall sit in Parliament for a period of one year. Parliamentary elections for the Chamber of Deputies shall be held yearly.

2.) The Parliament enacts the laws, determines taxes and decides how public funds shall be used, and shall use all means necessary and proper to do so.

3.) All treaties and foreign agreements must receive the endorsement of the Parliament in order to be valid and binding.
4.) All legislative bills, except matters discussed in Clause 6 of this Article, must be approved by both Houses of Parliament before they can be submitted to the Crown for the Imperial Assent. Bills approved only by one House cannot be enacted into law nor submitted to the Emperor or Prime Minister.

5.) The Chamber of Deputies shall elect a Speaker from among it’s members to preside over each session. The House of Lords shall elect a Lord Chamberlain to preside over each session of the House of Lords. When both Houses meet together in joint session they shall be presided over by the Prime Minister.

6.) Parliament may implement its own rules, and in the event the expulsion of a member is necessary, it shall be done by a two-thirds vote of the body.

7.) Legislation must be passed and approved by both Houses of Parliament before being presented to the Crown for acceptance or veto. Legislation approved by only one House of Parliament cannot be presented to the Crown nor become law.

8.) Bills passed by the Houses of Parliament shall first be presented to the Prime Minister. If the Prime Minister approves the legislation he/she will then present it to the Emperor for final approval and enactment as law or Imperial veto. The Prime Minister shall provide recommendations to the Emperor regarding the proposed legislation suggesting that the Emperor approve or disapprove of the legislation. If the Prime Minister rejects the proposed legislation then the proposal shall be sent back to Parliament with a statement from the Prime Minister reflecting his/her reasons for rejection and his/her recommendations for changes. Parliament may then amend the proposed legislation, approve it by another majority vote, and send the amended proposal back to the Prime Minister for consideration and forwarding to the Emperor.

9.) At any point when the Prime Minister feels the Parliament is ineffective in it's duties he may suspend all actions of Parliament and request that the Emperor call for new elections.

10.) Each member in the Chamber of Deputies shall cast one vote including the Prime Minister.

11.) In the House of Lords each Lord may cast only one vote including the Emperor.

12.) Only members of Parliament may propose legislative bills to the Houses of Parliament. Citizens who wish to see legislation proposed must do so through their elected representative in the Chamber of Deputies.

14.) Nobility who wish to propose new legislation must initiate such action through the House of Lords.

15.) Bills that originate in the House of Lords and which are passed by the House of Lords must then be sent to the Chamber of Deputies for approval or disapproval. Bills that originate in the Chamber of Deputies and which are passed by the Chamber of Deputies must then be sent to the House of Lords for approval or disapproval. In any case, both Houses of Parliament must approve an action or proposal before being presented to the Prime Minister. Bills that have not been approved by both Houses shall be automatically rejected by the Prime Minister and shall not be presented to the Emperor.

16.) The Emperor or Prime Minister may propose bills in either or both Houses of Parliament for consideration and vote. Nobility must propose bills in the House of Lords. Members of the Chamber of Deputies must propose bills in the Chamber of Deputies. 

ARTICLE VIII. THE EXECUTIVE POWER

1.) The Executive Power shall be vested in a Prime Minister and a Cabinet of Ministers.
2.) The Emperor appoints The Prime Minister. The Prime Minister, as Head of Government shall be elected from the party-in-majority, or in the event a party possesses a plurality and subsequently forms a governing coalition, the Prime Minister shall come from the majority member within that coalition. In the event that no majority, even within a coalition, is evident, any member may stand for the office of Prime Minister, to be elected by the whole body of the Parliament. He shall set the agenda for the progress of Government for a session.
3.) The Prime Minister may recommend to the Emperor the appointment or dismissal of ministers to head each department within the Government bureaucracy.
4.) The Prime Minister may propose the creation of new departments or the dissolution of existing ones. Their creation or dissolution must be approved by Parliament.
5.) The Prime Minister shall keep the Emperor informed about the affairs of the Realm on a regular basis, and similarly present himself for the examination of Parliament.
6.) In the event of the resignation, death, or permanent incapacitation of the Prime Minister, the Speaker of the Parliament shall assume the role of Prime Minister until the next scheduled election.
7.) The Prime Minister or another Minister shall be removed from office for the commission of high crimes or treason, and by the process of Impeachment, and subsequent trial before the High Court. A charge by Impeachment shall require a vote of two-thirds of both houses of the Parliament before the High Court will allow for the trial. Acquittal by result of a trial, or by the insufficiency of the parliamentary vote shall not cause a discharge of any Public Minister.

ARTICLE IX. THE JUDICIAL POWER

Section 1.) Justice emanates from the people and is administered in the name of the Emperor by Judges and Magistrates who are members of the judicial power and who are independent, responsible, and subject only to the rule of the law.
A.) The Judicial Power shall be vested in a High Court and other courts of limited jurisdiction. The other courts and their jurisdiction may from time to time be established, altered or abolished by law
B.) The exercise of jurisdictional power in any type of processes passing judgments and having judgments executed belongs exclusively to the Courts and Tribunals as determined by the laws, according to the norms on the competence and procedure which they establish.
C.) The Courts and Tribunals shall not exercise any functions other than those set forth in the previous paragraph and those expressly attributed to them by law to guarantee any right.
D.) Exceptional Tribunals are prohibited.
E.) The principle of jurisdictional unity is the basis of the organization and operation of the Tribunals.
F.) The Judicial Power shall extend to all cases, in law and equity, arising under this Organic Law, the Laws of the Empire of Thrace, and treaties made, or which shall be made, under their authority.
G.) Justice shall be free of charge when the law so provides and in any case for those who have insufficient means to litigate.
H.)Judicial proceedings shall be public, with the exceptions provided for by the laws on procedure.
I.) The sentences shall always be motivated and shall be pronounced in public audience.
J.) Damages caused by judicial error and those which may result from the abnormal operation of the Administration of Justice shall provide the right to an indemnification by the State, in accordance with the law.

Section 2. ) The High Court, with universal jurisdiction, is the highest jurisdictional organ of the judiciary.
A.) The Emperor Shall appoint a Chief Justice to preside over the High Court, and all other justices who shall sit upon the High Court, his appointments being subject to the approval of Parliament.
B.) There shall be no more than 9 justices in number.
C.) In all cases affecting Ambassadors, public ministers, impeachment and in which the state shall be a party, the High Court shall have original jurisdiction, in all the other cases before mentioned, the High Court shall have appellate jurisdiction, both as to law and fact. Original jurisdiction matters not pertaining to the above-enumerated circumstances shall reside within a lower court.
Section 3.) The Office of the Prosecutor General, without prejudice to the functions entrusted to other organs, has the mission of promoting the action of justice throughout the nation.
A.) The Prosecutor General exercises its functions by means of its own organs in conformity with the principles of unity of action and hierarchical dependency, subject in all cases to the principles of legality and impartiality.
B.) The Prosecutor General shall be appointed by the Emperor at the proposal of the Government.
Section 4.) Citizens may exercise popular action and participate in the Administration of Justice through the institution of the Jury in the manner that the law may determine for certain criminal trials, as well as in the customary and traditional Courts.
Section 5.) The police come under the Judges, the Courts, and the Prosecutor General in their functions of investigating crimes and finding and seizing the criminal under the terms the law may establish.
Section 6.) The Judges and Magistrates, as well as the prosecutors, while on active service, may not hold other public positions. The law shall establish the system and modalities of professional association of Judges, Magistrates, and Prosecutors. The law shall establish the system of incompatibilities of the members of the judicial power which must insure their total independence.
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ARTICLE X: ELECTIONS

To ensure the continuity of government in a reliable, predictable, and stable manner, free elections shall be held following the ratification of this Constitution at a time to be determined by the Emperor. Thereafter, elections shall be held from the Tuesday to Friday following the first Monday of the Months of April, and October in each year, and governed by an impartial commission appointed for that purpose. The installation of the next session shall be held on the fifteenth day of April or of October, at which time the previous session of parliament shall cease. If all the members of the Government have been discharged by the results of the election, they shall retain their posts until a new Government has taken office.

ARTICLE XI: EMERGENCY POWERS

In times when the simultaneous absence or incapacitation of the Emperor, the Lord Chancellor and key figures in the Government shall endanger the state, the High Court shall assume the authority of the state, with all rights, privileges and duties thereof, for a period of one month, or until the return of said figures, or until the implementation of Succession under Article V, Section 2, shall restore the state, whichever shall be the sooner. At the close of one month, the continuation of this Emergency Powers provision shall be brought before the people to be determined by a public plebiscite.

ARTICLE XIII: TAXATION

Everyone shall contribute to the sustenance of public expenditures according to his economic capacity through a just tax system based on the principles of equality and progressive taxation which in no case shall be of a confiscatory scope. Public expenditure shall realize an equitable allocation of public resources and its programming and execution shall be in keeping with criteria for efficiency and economy. Personal or property contributions of a public nature may only be made in accordance with the law.

ARTICLE XIV: THE ECONOMY

Free enterprise within the framework of a market economy is recognized. The public authorities guarantee and protect its exercise and the defense of productivity in accordance with the demands of the general economy, and as the case may be, in keeping with planning. The public authorities shall promote favorable conditions for social and economic progress and for a more equitable distribution of personal income within the framework of a policy of economic stability. Special emphasis will be placed on the realization of a policy aimed at full employment.

ARTICLE XV: SUPREMACY OF LAW

This Organic Law, and the subsequent laws of the Empire of Thrace which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the said Empire, shall be the supreme law of the land. Acts of the Parliament, and Imperial Decrees of the Emperor shall be considered to be on equal in precedents in so much as they do not conflict with this Organic Law, in which case, the Organic Law shall maintain supremacy.

ARTICLE XVI: AMENDMENTS

This Organic Law may be amended by a two-thirds majority of the Parliament.

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