Constitution of the Barony of Kremlum Sandus
Status as of the Eighth of September, 2010.
His Majesty Gaius Sörgel Publicolum Sandus, William James Sörgel.
In the truth and teachings of the Three Jewels and the benedictions of all the Gods!
The Sandum people and their united house,
who remain mindful of the compassion and duty of the world towards the welfare and sanctity of others, resolve in their creation of this barony of Kremlum Sandus,
so as to create a state benevolent in the just cause of human right to have such welfare ensured by the state
with liberty, duty, compassion, sovereignty and peace within the spirit of solidarity with the world – with arms and hearts open to the suffering –
who are ever determined to create a compassionate world to those who suffer and determined to live in a world with mutual respect and consideration, and
conscious of their duty and responsibility towards the health of the world, people and towards our future generations;
Adopt the following constitution:
Section One – General Provisions:Edit
1) The Barony of Kremlum Sandus is a state consisting of one region – Kremlum Sandus – and is based upon the principle of socialism, freedom, peace and respect for all human beings and their beliefs.
2) Kremlum Sandus is the capital and the seat of the government.
The Barony of Kremlum Sandus is a hereditary, constitutional monarchy which serves the state.
The people of the state voice their beliefs through the Chamber of the People, the legislature of the state.
The decisions of the baron shall be the law of the land.
The official language of the barony shall be English.
The flag of the Barony of Kremlum Sandus shall be a horizontal tricolour with Prussian Blue at the top and bottom and White in the middle with the proportion of 1:3.
Section Two – The monarchy of the state:Edit
The Baron is the Head of State and shall exercise his sovereign authority in conformity of this constitution and of all laws of the state.
1) The Baron shall represent the State in all relations with foreign nations and peoples.
2) All treaties shall not be valid unless they receive the consent of the Chamber of the People.
Every law shall require the sanction of the Baron in order to acquire validity.
The Baron shall implement and enforce all laws of the Chamber of the People. In urgent cases of security the Baron shall take all necessary measures for the security and welfare of the state.
The Baron shall have the prerogative of commuting legal sentences and terminating prosecutions which have been initiated.
Every successor to the throne of Baron, before receiving the oath of allegiance to the state, shall declare upon his honour, dignity and his throne that he will govern the Barony of Kremlum Sandus in conformity with this constitution and all other laws of the state, maintain its integrity and will act in a manner within the best interest of the people and of sovereignty of the state.
The Baron may entrust an Heir Apparent of his house in order for succession.
Section Three – Functions of the State:Edit
The supreme function of the state is to promote the welfare of the People.
For the purpose of promoting the welfare of the People, the state shall ensure a social system invested within the state and within the people which shall provide for freedom and protection of the economic and moral interests of the people and of the state.
The state shall devote its interests in education, housing, industry, agriculture and economy.
The field of education shall be under the supervision of the state.
1) Education shall be compulsory for all.
2) The state shall provide compulsory elementary education free of charge to all citizens of the state.
3) It shall be the inviolable right of all citizens to be provided with their choosing of education in course with their wishes and interests and their preferred course of occupation.
4) The state shall provide for the higher education of citizens without the financial means to attain a higher education.
The field of housing shall be under the supervision of the state.
5) A house shall be provided for each family of citizens of the state.
6) In cases of emergency, the state shall provide shelter to all citizens of the state.
7) The privacy of the house shall be inviolable in the state unless the state or officials of the state are provided with the proper warrant to violate the privacy of a house.
8) It shall be the inviolable right of citizens to be provided with shelter, which shall be maintained to a grade of habitable decency by the state.
The fields of industry and agriculture shall be under the supervision of the state.
9) Citizens shall decide upon an occupation of their choosing in accordance with their wishes, their beliefs, their interests and their knowledge and education.
10) In accordance with the welfare of the people, all working citizens shall be given the ability to purchase luxurious goods of their choosing, as provided by the state.
11) In times of emergency, the state may replace and commute the occupations of citizens.
12) It shall be the inviolable right of citizens to be provided with an occupation in order to provide for themselves and their families.
The field of economy shall be under the supervision of the state.
13) In order to provide for the common welfare of the citizens of the state, the economy of the state shall be under the jurisdiction of the state.
14) In order to promote the health of the economy, the state shall have complete and inviolable control of the economy, industry and agriculture in order to provide for the welfare of the citizens and of the state.
The State shall be responsible for the health of the state and of the citizens. It shall assist the public and social institutions for the care of the sick and shall work to protect citizens from illness and disease.
The State shall safeguard the inviolable right to work and shall protect the workers. All days of rest recognized by the state shall be days of rest for the citizens of the state.
1) To increase employment and to advance its economic interests, the State shall promote and assist agriculture, farming, trade and industry.
2) The State shall insure and promote insurance against damage and injuries concerning workers and goods and shall take measures to prevent such damages and injuries.
3) The State shall pay special attention to transportation, agriculture, industry and trade and to the development of such in accordance with modern requirements.
4) The State shall support measures which control and protect the State from disasters.
5) The State shall monitor and encourage every endeavour which develop and strengthen the economy and develop new sources of income.
The State shall possess sovereign rights over land and waters in conformity with laws existing or enacted. The utilisation and distribution of water and land and controls upon disasters and issues concerning water, land and the health and interests of the State shall be regulated, promoted and the prerogative of the Law and State. All human resources with concerns to modern luxury shall be the sovereign right of the State.
The State shall exercise sovereign rights over hunting, fishing and mining. When legislating upon these, it shall protect the interests of agriculture and of the revenues of such industries, citizens and the State.
Currency and the banking system shall be regulated, insured and controlled by the State. The minting of currency shall solely be the prerogative of the State.
1) The State shall provide for a system of taxation, which shall exempt taxation from citizens below a minimum standard of living and shall impose heavier burdens of taxation on persons in higher standards of living and wealth.
2) The financial situation of the State and of the citizens must be developed and improved to the utmost possible extent and every effort made to develop new sources of revenue for the State and citizens to meet public needs.
The State shall provide for those who live below the minimum standard of living and those who are orphaned, mentally handicapped, suffering from incurable diseases and the aged.
The State shall provide insurance to all citizens of the State concerning health, old age, disability and disaster.
The State shall provide protection for the rights of artistic talents and works for those who wilfully apply and petition the government for such protection of their artistic works.
Section Four – Rights and Obligations of Citizens:Edit
1) Every citizen shall be able to reside freely within the State and acquire property from the state of any description, provided that the citizen observes the laws of the Barony.
2) Foreign persons residing or staying within the Barony shall be bound to observe its Laws and shall be provided equal protection under the provisions of the Constitution and Law.
1) All citizens shall be entitled to all rights in conformity with this Constitution.
2) All citizens who are older than 18 years of age, regularly reside within the Barony and who have not committed any felony or crime which may terminate the citizen’s right to vote shall have the right to vote and may practice and exercise all political rights in the matters of the State unless such political rights contravene the security of the State, this Constitution or Law.
Citizenship and citizenship rights may be acquired and forfeited as determined by Law.
1) All citizens shall be equal before the Law and the State.
2) The rights of all people shall be equal.
3) The rights of foreign persons and aliens shall be determined by treaties between their originating nation and the Barony or, in the case of such a lacking of any such treaty, by conformity with Buddhist social and moral practices.
1) Personal liberty, privacy of the home and inviolability of letters are guaranteed.
2) Only with the warrant of an authorized-by-law official of the State, the Baron, any authorized-by-law legal official of the Barony shall any person or object be arrested or detained in the custody of the State, searched, seized or examined.
3) Persons unlawfully arrested or proven innocent shall be entitled to full compensation from the State as determined by the courts.
1) No person may be deprived of a proper judge.
2) No person may be subject to or privy of a special tribunal.
3) No person may be subject to or threatened with penalties or punishments other than those provided by law.
4) No person may be deprived of the right to defend themselves in court.
5) No person may be forced to give a confession, able to be used in a court of law, by fear, intimidation or pain.
1) Inviolability of the house and personal objects and land are guaranteed.
2) Copyright shall be regulated by Law.
1) The State may expropriate all personal objects in times of need or emergency in order to protect the State and the People of the Barony.
2) The person of personal ownership of any such object may be compensated as decided by the courts.
1) Industry shall be socially owned and operated by the state and upheld by the public.
2) Trade shall be free within the limits of the Law.
1) The freedom of belief in religion is granted to all residents and citizens of the Barony.
2) Sandum Paganism and Buddhism - Sandum Buddhism being an epithet of Tibetan, Vajrayana and Tantric Buddhism - are the State Religions of the Barony and, as such, enjoys the full protection of the Barony. All other beliefs and religions are entitled to practice accordingly to their beliefs, within the conformity of the Law and of morality.
The right of ownership of all religious buildings and objects shall be that of the religious institution with the complete consensus of the State and its full protection.
Political and civil rights shall not be dependent upon religious beliefs nor may religious belief constitute a ground of exemption from civil obligation or service.
Every citizen and resident shall be entitled to freely express their opinion and communicate ideas, within the limits of the Law, morality and safety. Censorship may be exercised in the case of public performances; motions of or calls to disloyalty to the State or to this constitution; in moments of security required for the welfare of the people and of the State; or, with the discretion of the Baron or the elected Government within the agreement of the Baron.
Free association and assembly is guaranteed within the limits as prescribed by the Law and morality.
The right to petition the State, the Chamber of the People or the Baron is guaranteed.
The right of complaint is guaranteed, regarding any action of the State or Government, wherein such a complaint shall be sent to the ministry or body superior to such body within concern of the complaint. Such a complaint may be rejected by the superior body with reasons being freely enlisted within such a rejection.
1) Every man and woman fit and able to bear arms shall be liable to serve in the defense of the Barony, State and People in the event of emergency.
2) Apart from such an event of emergency, no armed force may be organized or maintained, except under the provision of the Law or policing forces and services of the Barony.
Section Five – The Chamber of the People:Edit
1) The Chamber of the People is the legal organ representing all the citizens of the Barony and as such has the duty of safeguarding and vindicating the rights and interests of the People in relation to the Government in conformity with this Constitution and also of promoting the welfare of the People and State while faithfully adhering to this Constitution.
2) The Rights pertaining to the Chamber of the People shall only be exercised within that body.
1) The Chamber of the People shall consist of five Representatives who shall be elected by the People by universal, equal, secret and direct suffrage according to the system of proportional representation.
2) In addition to the 5 Representatives, substitutes shall be elected.
3) Members of the Courts and of the Government may not be members of the Chamber of the People at the same time.
4) Detailed regulations regarding the conduct of Representatives of the Chamber of the People shall be laid down in a special law.
The Representatives shall be elected every year, provided that the regular elections be held in May of each year. Representatives shall be eligible for re-election.
The Baron has the right to convene, to close, to discontinue and to dissolve the Chamber of the People. When discontinuing or dissolving the Chamber of the People, the Baron must proclaim such an order before the assembled Chamber of the People.
1) The regular convocation of the Chamber of the People shall be issued at the last day of the month of May in the form of an edict from the Baron, indicating the place, day and hour of the assembly.
2) The sessions of the Chamber of the People during the course of the year shall be decided by its Prime Minister.
3) Should a Representative be prevented from attending one or three consecutive assemblies, the chosen substitute of such Representative shall be chosen by the Representative.
Should the Diet be dissolved, new elections must take place within three weeks. The newly elected Representatives shall then assemble within seven days and shall serve the remainder of the term.
1) In the case of an accession to the Throne, the Chamber of the People shall be assembled to an assembly within fifteen days for the purpose of receiving the declaration of the Baron as described in Section Two, Article 12 and of taking the oath of allegiance.
2) If the Chamber of the People has been dissolved, new elections shall be expedited so that it may assemble on the twentieth day after the accession of the new Baron.
At its first assembly, the Chamber of the People shall proceed, under the chairmanship of its eldest member, to the election of a Prime Minister from among its members to direct its business for the remaining year.
The Representatives shall be bound to attend in person at the seat of the Government in compliance with the edict from the Baron concerning the convocation of the Chamber of the People. If a Representative is to be absent, they must, on first notice, notify the Government and the Baron, stating their reasons for their absence. If the absence is permanent, a by-election shall be held.
1) The Chamber of the People shall be opened by the Baron. All new members shall swear the following oath to the Baron: “I hereby swear to observe the Constitution and all existing laws and to promote in the Chamber of the People the welfare of the People and the State to my best ability. I do so solemnly swear and affirm this oath.”
2) Subsequent members shall swear this oath before the Prime Minister.
The Chamber of the People shall be closed by the Baron.
1) No Representative may be arrested while the Chamber of the People is in session without the assent of that body unless he is arrested in flagrante delicto.
2) In the latter case, the arrest and the grounds for such arrest must be notified to the Chamber of the People, which shall decide whether the arrest shall be sustained. All documents relating to the case may be placed at the disposal of the Chamber of the People, if it so requests.
3) If a Representative is arrested at a time the Chamber of the People is not in session, the Presidium of the State must be notified and be notified of the grounds of such arrest.
1) The Representatives shall vote according to their oaths and their convictions. The shall never be made to explain or answer to their votes, for statements at sessions of the Chamber of the People or its committees, they shall be responsible to the Baron and Chamber of the People and can never be tried or sued in a court of justice in respect to their statements or voting.
2) The exercise of disciplinary powers shall be regulated by rules of procedure to be issued in special law of the Chamber of the People.
1) For a decision of the Chamber of the People to be valid, all Representatives must be present and a majority of at least two-thirds of the five Representatives assembled must be gained and reached during voting. The same rules apply to the elections of the Chamber of the People and elections which it must undertake.
2) In the case of the lack of a gaining of a two-thirds majority, the Prime Minister shall have the casting vote.
Complaints relating to voting shall be referred to the Constitutional Court.
The Chamber of the People shall adopt its special laws of procedure by a resolution and with regard of this Constitution and morality.
Representatives shall receive from the Treasury a daily allowance and travel expenses as prescribed by law.
The following matters shall fall within the sphere of duty of the Chamber of the People:
1) Participation in legislating in accordance with the Constitution;
2) Participation in the conclusion of treaties (Section Two, Article 8);
3) Establishment of the annual budget and the authorization of taxes and other dues;
4) Resolutions on pledges and loans to the State and the purchase and sale of State property;
5) Resolution on the annual report furnished annually by the Government on the whole of Administration;
6) Submission of suggestions and complaints and the exercise of control with regard to the Government and Administration (Section Five, Article 63);
7) Impeachment of members of the Government before the Constitutional Court for breaches of the Constitution or of the Law;
8) Passing of a resolution of no confidence in the Government or of one of its members.
1) The Chamber of the People shall have control over the whole of the State Administration. It shall exercise this right inter alia through an audit committee of three Representatives, which it shall elect. Its right of controls extends neither to the judgments of the courts nor to the functions assigned to the Baron.
2) The Chamber of the People may bring defects or abuses which it has observed in the State Administration directly to the notice of the Baron by use of complaint or petition and to request their rectification. The results and measures ordered by the Baron of such complaint or petition shall be communicated to the Chamber of the People.
3) The representative of the Government must be given a hearing and shall be bound to answer queries from Representatives of the Chamber of the People addressed to him concerning such policies or actions.
4) The Chamber of the People has the right to appoint an investigational committee of three people.
5) The Chamber of the People has the right to appoint a finance committee of three people, to which the passing of resolutions on the gaining or relinquishment of property may be transferred.
The right of introducing legislations shall be to the Baron or the Chamber of the People.
Without the participation of the Chamber of the People, no legislation may be issued, amended or declared to be in force. For legislation or resolution to become valid and in force, it must receive the assent of the majority of the Chamber of the People and the sanction of the Baron. The Baron may refuse or prolong the period lacking his sanction; if the Baron does not sign the legislation in thirty days, the legislation shall be deemed refused.
The Chamber of the People is authorized to call for a referendum on any legislation, policy or action with no less than seventy-percent of the citizens, holding the right to vote, voting with no less than a two-thirds majority in order for the referendum to be passed. The Constitutional Court must rule upon the result of such a referendum and deem it legal and binding. If the Constitutional Court fails to recognize such a result legal and binding, such a referendum must go to the Chamber of the People and must be sanctioned by the Baron.
Unless the legislation contains any other period of time, legislation shall come into force following four days of its publication and sanction by the Baron.
1) Without the approval of the Chamber of the People, no direct or indirect taxes, other dues or levies may be imposed or collected. The fact that such an approval has been made must be mentioned in such a tax demand notice.
2) The system of which all taxes are to be proportioned and the manner in which they are to be collected shall require the approval of the Chamber of the People.
3) Taxes and dues shall be authorized for the period of one administrative year.
1) With regard to the State Administration, the Government shall submit a report to the Chamber of the People concerning expenditures and revenues for the coming administrative year, accompanied by proposals for the taxation to be levied.
2) In the first half of the administrative year, the Government shall submit to the Chamber of the People an exact statement concerning the previous administrative year, showing the manner in which revenues approved and collected were applied to the purposes set forth by the Chamber of the People and the Government, with the provision that if the State Administration should have exceeded the budget set forth by the Chamber of the People that the Chamber of the People or the Baron must give its approval for such use of funds and that the State Administration shall be answerable to the Chamber of the People.
The Government shall administer the financial assets of the State in accordance with principles agreed upon in the Chamber of the People. It shall submit a report to the Chamber of the People with the annual accounting of such assets and funds (Section Five, Article 69, Sub-Section 2).
Section Six – The Presidium of the State:Edit
The Presidium of the State shall act in place of the Chamber of the People for any business which requires the participation of the Chamber of the People or of its committees during the period of adjournment, closing or dissolution and the date of its next session without hindering the time limits within Section Five, Articles 48 to 51 as prescribed to the new elections.
1) The Presidium of the State shall be composed of the Prime Minister, of one member elected by the People during regular or by-elections and the Baron.
2) Under all circumstances, the Chamber of the People must be able to hold its election during the same session at which time its closing or dissolution is announced.
The term of office of the Presidium of the State shall expire when the Chamber of the People reconvenes.
The Presidium of the State shall have the following powers and duties:
1) To ensure the Constitution is observed, that steps are taken for the execution of the duties of the Chamber of the People, and that the Chamber of the People reconvenes within its prescribed time;
2) To audit the accounts of the Treasury and to transmit the reports and proposals to the Chamber of the People;
3) To sign in respect to debts made against the Treasury;
4) To carry out special tasks entrusted by the Chamber of the People for the preparation of future sessions of the Chamber of the People;
5) In urgent cases, to bring matters to the notice of the Baron or the Government and to protest or petition in the cases of any violation of the Constitution or Constitutional Rights;
6) To propose the convocation of the Diet.
The Presidium of the State may not enter into any permanent obligation on behalf of the Barony and shall be subject to the Chamber of the People for its conduct and affairs.
1) The sessions of the Presidium of the State shall take place as required at the seat of the government upon the convocation of the Prime Minister.
2) For its decisions to be valid, all members must be present.
During the sessions of the Presidium of the State, its Representatives shall be given the same daily allowance and travel expenses as the Representatives of the Chamber of the People.
Section Seven – The Government:Edit
1) The entire State Administration shall be conducted by the Government responsible to the Baron and Chamber of the People in conformity with the Constitution and the Law.
2) Functions may be transferred by law or legally binding authorizations to certain officials, government offices or special commissions subject to the Government.
3) Special commissions for dealing with complaints may be set up by law to act on behalf of the Government.
4) For economic, social and cultural obligations, special institutions and foundations of public law may be established by legislation and placed under the supervision of the Government.
1) The Government shall consist of the Head of the Government and their ministers.
2) The Head of the Government and ministers shall be appointed by the Baron with the nomination of the Chamber of the People. A substitute shall be appointed for the Head of the Government and ministers to represent such member of the Government who may not be able to attend sessions of the Government.
3) On the nomination of the Chamber of the People, one of the ministers shall be appointed by the Baron as the Deputy Head of Government.
4) Members of the Government must be citizens of Kremlum Sandus and eligible for voting and holding office.
5) The period of office for the Government shall be one year. Until a new Government is appointed, the previous members shall be responsible for carrying on Government business, unless if Section Seven, Article 80 is applied.
1) If the Government loses the confidence of the Baron or the Chamber of the People, it shall lose its power to exercise its functions as a Government. For the period until the new Government takes office, the Baron shall appoint an interim Government to carry out the Administration of the State. Such an interim Government shall serve the remainder of the term following a vote of confidence by the Chamber of the People.
2) Should a member of the Government lose the confidence of the Baron or Chamber of the People, the decision of allowing such a member of the Government to continue in office shall be taken by the Baron in agreement of the Chamber of the People. Until a new member is appointed by the Baron to serve the remainder of the term, their official duties shall be performed by their deputy.
For a decision of the Government to be valid, all members of the Government must be valid and the majority of those members must vote in favour. In an event of a tie, the chairman has the casting vote. Voting is compulsory.
The grounds on which a member of the Government may be removed from office shall be laid down in Law.
Government business shall be conducted and dealt with on a national basis.
The Government shall issue its rules of procedure in the form of a Government regulation.
The Head of the Government shall preside at meetings of the Government, deal with business directly entrusted to him by the Baron, and sign the laws, decrees and ordinances issued by the Baron or Chamber of the People. At public ceremonies he shall be awarded the honours of acting as a Representative of the Baron should the Baron be absent.
1) The Head of the Government shall submit reports by mouth or by writing to the Baron with regard to matters placed under the authority of the Baron.
2) The decisions adopted by the Baron on his proposal shall be signed by the Baron with his own hand and shall be countersigned by the Head of the Government.
The Head of the Government shall take their oath before the Baron; all members of the Government and Government officials shall be sworn in by the Head of the Government.
If the Head of the Government is absent from a session of the Government, their Deputy shall take over all functions of the Head of the Government until the Head of the Government may resume their duties.
The Head of the Government shall sign the decrees and orders issued by the Government. The Head of the Government shall then directly supervise over the conduct, policies and actions of the Government.
1) All important matters assigned to the Government shall be discussed and decided in a session of the Government. Less important matters may be assigned by law to the appropriate members of the Government in accordance with the Law.
2) Records shall be taken at sessions of the Government by the Deputy Head of the Government or by an elected member of the Government.
3) The Head of the Government is responsible for executing all decisions decided by the Government. If he is of the opinion that such a decision is contrary to the Law or regulations, then he may delay its execution. The Head of the Government must then notify the Administrative Court of the matter which shall determine if the decision should be implemented or not.
At the beginning of each session, the Government shall distribute its business between the Head of the Government and the ministers to prepare the matters to be discussed in session.
1) The Government shall be responsible for the execution of the Law and all tasks entrusted to the Baron or Chamber of the People. To help in the execution of the Law, it shall issue necessary implementations and regulations which must remain within the limits of such Law.
2) To help in the execution of the Law and of applicable treaties, the Government shall issue necessary implementations and regulations which must remain within the limits of both such Law and such applicable treaties.
3) To meet other obligations of treaties, the Government may issue necessary decrees, provided that no new laws are required.
4) All organs of the State Administration may only act within the limits of the Constitution, the Law and provisions of treaties. Even in matters where the Law allows the State Administration the freedom of judgment, the limits imposed within the Law must be mindfully observed
The following matters shall fall within the sphere of action of the Government:
1) Surveillance over all authorities and officials placed under the Government and exercise disciplinary powers in respect of officials,
2) Allotment of the staff of the Government and the other authorities,
3) Supervision of the prisons and of the treatment of persons detained in custody and of convicts,
4) The administration of buildings belonging to the State,
5) Supervision of business by the Baron to ensure that it is conducted lawfully and diligently and the notification to the High Court of Appeal of any irregularities,
6) Preparation of the report on its official activities to be submitted annually to the Chamber of the People,
7) Preparation of Government bills for submission to the Chamber of the People and the expression of its opinion on proposals submitted to the Chamber of the People for that purpose by the Chamber of the People,
8) Deciding of urgent expenditure not provided for in estimates.
The organization of the State Administration shall be determined by the Law.
Section Eight – The Courts:Edit
Chapter A – General Provisions:Edit
1) The whole administration of justice shall be carried out in the name of the Baron and the People by responsible judges appointed by the Baron. The decisions of the judges in the form of judgments shall be delivered and drawn up in the name of the Baron and the People.
2) The judges, within the lawful limits and capacities of their powers in judicial proceedings, shall be independent. Their decisions and judgments shall be accompanied by the grounds for such. The influence of non-judicial bodies on these decisions and judgments are only permissible to the extent provided by the Law and the Constitution.
3) Judges within this article are the judges of the Ordinary, Administrative and Constitutional courts.
1) For the selection of judges, the Baron and the Chamber of the People shall form a joint committee chaired by the Baron, who shall have the casting vote. Both the Chamber of the People and Baron shall have three representatives from their bodies, including both the Baron and the Prime Minister. The Government shall appoint the member of the Government responsible for the supervision of the administration of justice. The committee’s sessions shall remain confidential. The committee may only recommend candidates to the Chamber of the People with the consent of the Baron. If the Chamber of the People recommends a candidate, the candidate will be appointed by the Baron.
2) If the Chamber of the People rejects a candidate recommended by the committee and no agreement on a new candidate can be reached within seven days, the Government and the Chamber of the Government shall dually recommend their own candidate, within a new committee comprised of three members of both bodies which include the Prime Minister and the Deputy, to the Baron who shall then appoint the candidate.
3) A judge appointed for a fixed period shall remain in office until his successor is sworn in.
Chapter B – The Ordinary Courts:Edit
1) Jurisdiction on ordinary civil and criminal matters shall be exercised at first in the Baron’s Court, at second in the High Court of Appeal, and at third in the Supreme Court.
2) The organization of the ordinary courts, the procedure and the scale of fees shall be laid down by the Law.
The execution of individual, specified business of the judicial authority of the first Baron’s Court may be assigned under the law to specific, non-judicial officials of the Baron’s Court who are bound by instructions.
The revenue authorities and the officials of Kremlum Sandus shall appear before the ordinary courts as plaintiffs and defendants.
1) The procedure in civil disputes shall conform to the principles of oral proceedings, direct hearing and free evaluation of facts and evidence. In penal cases, the principle of arraignment shall be observed.
2) Ordinary civil cases, in the first court, shall be heard by one or more judges, acting individually.
3) The High Court of Appeal and the Supreme Court are collegial judicial bodies.
4) In criminal cases, justice shall be administered in first in the Baron’s Court, if need be by the Criminal Court or the Juvenile Court.
1) One of the judges of the Baron’s Court shall be appointed by the Baron to be in charge of that court and shall exercise, in first, disciplinary authority over the non-judicial officials of the said court.
2) The High Court of Appeal shall supervise the administration of justice and shall exercise disciplinary authority over the judicial officials of the Baron’s Court; it shall exercise disciplinary authority in second over the non-judicial officials of the Baron’s Court.
3) The Supreme Court shall exercise disciplinary powers over the members of the High Court of Appeals and shall also act as a court of appeal in disciplinary questions for the judicial officials of the Baron’s Court.
Chapter C – The Administrative Court:Edit
1) The Administrative Court shall consist of five judges and three substitutes appointed by the Baron. The judges must hold Kremlum Sandum citizenship and must have legal training.
2) The term of office of the judges and substitutes of the Administrative Court shall be two years. It shall be organised in such a way that one judge or substitute retires each year. If a judge or substitute retires early, a successor shall be appointed to serve the remainder of the retiree’s term. Judges and substitutes are eligible for re-appointment to the Administrative Court. In the case of first appointments, the judge is ineligible to serve as Chair or Deputy Chair.
3) The five judges shall hold a yearly election in their own ranks to elect a Chair and a Deputy Chair. A judge is eligible for re-election.
4) If a judge is unable to attend court, a substitute shall deputise for the judge.
5) Unless otherwise provided for by the Law, all decisions or orders made in the Chamber of the People and of special committees appointed instead of the Government shall be subject to an appeal to the Administrative Court.
Detailed instructions regarding procedure, abstention, allowances to be paid to the members, and fees to be paid by the parties involved shall be laid down in a special Law.
Chapter D – The State Court:Edit
1) A State Court shall be established by a special law as a court of public law to protect rights granted by the Constitution, to decide in conflicts of jurisdiction between the law courts and the administrative authorities and to act as a disciplinary court for members of the Government.
2) The State Court shall have the jurisdiction to determine whether laws and treaties are in conformity with the Constitution and whether Government regulations are in conformity with the laws; in such cases it may declare their annulment. Finally, it shall act as an electoral tribunal.
The State Court shall consist of five judges and three substitutes appointed by the Baron. The judges and substitutes of the State Court must hold Kremlum Sandum citizenship. Finally, the provisions in Section Eight, Chapter C, Article 102 apply mutatis mutandis.
Chapter Nine – Administrative Bodies and Civil Servants:Edit
1) New permanent civil service posts may only be created with the assent of the Chamber of the People. Candidates for permanent employment to the Kremlum Sandum civil service must possess civic rights in the Barony, within guidelines of further conditions required by the Constitution. No exception to this rule may be made without the assent of the Chamber of the People.
2) The same shall apply to new permanent appointments to the judiciary.
The organization of the authorities shall be determined by legislation. All authorities must reside within the Barony.
Members, officials and authorities of the Government shall take the following oath on appointment:
“I swear that I will be loyal to the Baron, that I will obey the Law and I will strictly observe the Constitution. I do so solemnly swear and affirm this oath.”
1) The State, establishments and foundations of public law are liable for damage caused by third-person individuals acting as their own bodies who are in their official capacity act illegally. In the case of wilful damage or gross negligence, reinstitution by the responsible persons is reserved.
2) Individuals acting as bodies are answerable to the State, establishments and foundations of public law which they serve for any damage directly caused to such bodies through the wilful or grossly negligent breach of their official duties.
3) Further provisions, especially relating to competence, shall be laid down in separate law.
Section Ten – Adulthood:Edit
Every citizen of Kremlum Sandus who is of thirteen years of age and residing within the Barony but who does not yet possess the right to vote or to take part in elections may vote or take part in elections. This section shall be amended in May, 2013.
Section Eleven – Maintenance of the Constitution:Edit
1) The present Constitution shall be universally binding after its promulgation as a fundamental law of the country.
2) Any amendments to or universally binding interpretations of this fundamental law may be proposed either by the Government or the Chamber of the People. These shall require the approval of the Chamber of the People, either by a unanimous vote or by a three-quarters majority vote at two successive sessions of the Chamber of the People, and the approval of the Baron.
1) No less then ninety-percent is the minimum requirement for a referendum by the People to introduce an initiative to abolish the Monarchy. In the event of this proposal being accepted by the People, the Chamber of the People shall draw up a new republican Constitution and submit it to a referendum after one month at the earliest and six months at the latest. The Baron has the right to submit a new Constitution for the same referendum. The Baron is exempted from approving or assenting to such a Constitution.
2) If only one draft has been submitted, an absolute majority is sufficient for its adoption. If two drafts have been submitted, the citizens entitled to vote may choose between them and the existing Constitution.
In this case, the citizens have two votes in the first ballot and shall award them to the two alternative Constitutions that they wish to go through to the second ballot. The two alternatives with the most first and second votes shall go through to the second ballot. In the second ballot, which must be held seven days after the first, the citizens shall each have one vote. The Constitution that obtains an absolute majority is then adopted.
Chapter Twelve – Final Provisions:Edit
All laws, regulations and provisions which contradict any provision of this Constitution are hereby revoked and declared invalid.
1) The Government shall be entrusted with the execution of the present Constitution.
2) The Government shall prepare all laws provided for in the present Constitution with all possible haste and shall proceed with them as laid down in the Constitution.
Gaius Sörgel Publicolum Sandus I, Baronium Kremlum Sandus