|
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.
.
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.
|
