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The constitution

This page is a Constitution of a Micronation.


Constitution Preamble

I, Jeremy Kloth establish the Jera Empire and present this Constitution, with it containing all our fundamental laws, rights and established conventions, to the international community.

The layout of the Constitution is as follows; Chapter - defines an entire section of the Constitution, Article - details into what the section contains, and Clause - the contents of the aforementioned Article.

Areas of the Constitution marked with * have been amended. The Amendments are at the end of the Constitution.

Chapter I - The State
Article I (1) - The people of the Jera Empire (Citizenship, Language)

(1) Citizens of the Jera Empire are all people, whether man, woman or child, who are born in either the Empire, or one of the Empire's territories. All people from around the world can be naturalized citizens of the Empire. However, said person must not have a criminal record.
* (2) The Official language of the Jera Empire is English. All citizens, whether native or naturalized must be able to speak clear English, in order to become a citizen.

Article II (2) - Form of the State

(1) The Jera Empire is a Constitutional Monarchy/Empire Republic .
(2) The Constitution is the supreme, over-ruling law of the Empire; all entities and people in the Empire must conform to the rules outlined in this Constitution. International law will be upheld in this Constitution.

Article III (3) - State symbols and Captial

(1) The Jera Empire has the Royal colors of Green, White, and Black. The flag of The Jera Empire contains three of the three Royal colors, these being; the Green background, the Black right cross and the White coating of the cross.
(2) The Motto of the Jera Empire is: "Pick your battles, You don't have to show up to every argument."
(3) The Capital of The Jera Empire is The District of Jera located at the centre of the Empire.

Chapter II - State Objectives and Diplomacy
Article IV (4) - Freedom and expression

(1) The Jera Empire promotes freedom and expression of individuality - this can be in the form of religion or other personal endeavors.
(2) The State recognizes and allows all forms of religion - as long as they have no impact on the day-to-day lives of other people. All politicians, ministers, representatives and other public servants should not use religion as a basis for their arguments and debates. Politics in the Jera Empire is to be religiously neutral or secular.

Article V (5) - State Security

(1) The Jera Empire promotes worldwide peace - supporting organizations such as the United Nations (UN). All acts of war must have a valid reason, supported by the people. If any act relating to war has no valid reason, it will be deemed unconstitutional.
(2) The Jera Empire protects the People's rights to; self-determination, education and privacy.
(3) Slavery, in all forms, is illegal. Anyone found having any connection to slavery or the trade, will be prosecuted and given a sentence deemed sufficient by the Judiciary branch.
(4) The Empire will maintain peaceful relations with all nations until those relations are shaken by the other party. The Empire will strive for diplomatic and peaceful relations will all other sovereign states. If any country commits an act that is deemed unconstitutional by the Jera Empire, diplomatic relations may be severed - depending on the severity of their actions.

Article VI (6) - Foreign Office

(1) The Foreign Office of the Jera Empire is responsible for the upkeep and establishment of diplomatic relations between the Jera Empire and other states.
(2) The Heads of the Foreign Office is the Executive Branch as well as the Emperor.
(3) The Heads of the Foreign Office retains the right to; establish and sever diplomatic relations with other nations, administer and repeal passports and citizenship.

Chapter III - State organisation
Article VII (7) - Appointment of Office and Nobility

(1) The Emperor of the Jera Empire will appoint titles of Nobility. The Office of President and Vice President shall be appointed by the Monarch after the results of a Premier Election. The Emperor should appoint the candidate with the majority of votes.
(2) All members of the Jera Empire are allowed to run for office in public election.
(3) Elections are always free and equal.
(4) Anyone caught manipulating the election process, as to favor one candidate over another, will be punished heavily and will be excluded from running for public office.
(5) Any title of Nobility can be stripped by the Emperor if said Noble is abusing their title for personal gain. All members of public and Noble Office should serve the people and the country, and not themselves.

Article VIII (8) - Eligibility for Office and Nobility

(1) Any citizen can run for public office, however, they must be age 10 or over.
(2) You are not eligible for public office if you are a serving member of the Armed Forces.
(3) To become Nobility, you must meet the personal requirements of the reigning Emperor. These can be; extraordinary public service, financial aid to the Empire, stellar performance in the Armed Forces. These requirements are subject to change, as the reigning Emperor is the appointee of all titles of Nobility.
(4) Citizens of all ages can receive a title of Nobility.

Article IX (9) - Executive Power

(1) The powers of the Executive branch of the government are shared between the Emperor and the President.
(2) The Emperor has many 'reserve powers' - these are generally only used on the advice of the President and/or the Executive Branch.
(3) The position of Commander-in-Chief of the Armed Forces, belongs to the President. The Position of Field Marshal of the Armed Forces, belongs to the Emperor.

Article X (10) - Legislative Power

(1) The Legislative power is the law creating body
(2) All Bills must be given to the Executive Branch, for veto power, Can be overruled if Emperor views.
(3) The lawmaking process is as follows:

The Assembly propose new Bills on behalf of the citizens (citizens can directly propose Bills, however they must be backed by over 50% of the population).
The Assembly and the Vice President specify on the details of the proposed Bill.
The Bill will then be voted upon by Assembly of Representatives and Assembly of Senators (and/or the citizens - if the Bill will affect the Constitution). The Bill must get a 2/3 majority before being passed on to the Vice President whom reviews then sends to the president.
The President then makes final checks on the Bill before it is sent to the Emperor.
The Emperor must then decide whether to give it to the Delegation of five. If the Bill is accepted by the Emperor, or proved constitutional via Delegation of five, it become active immediately. If the Bill is refused by the Delegation of five, the Assembly cannot bring forward the same Bill for a period of two weeks.

Article XI (11) - Judicial Power

(1) Judicial Power is vested in the all courts, judges must swear allegiance to the Empire, and therefore the state.
(2) All courts shall have atleast judge and can have a Jury (if need be). Also, the Emperor may participate if the matter is grave enough.
(3) The main judgment body of the Empire is the Delegation of five. The Delegation can over-rule the judgment of other courts if the judgment/decision is particularly notorious. (Only by Appealed cases)
(4) All men and women of the Empire must serve as a Jury when called.

Article XII (12) - Head of State

(1) The official Head of State of the Jera Empire is the Emperor The Office of Emperor, and therefore Head of State, shall be passed down to the closest heir through the rule of Hereditary Absolute Primogeniture.
(2) The Head of State (and thus, the Emperor) has the rights to:

Declare war with the Executive Branch
Sign Treaties
Grant titles of Nobility
Appoint specific offices, such as Prime Minister (In Emergencies)
To send laws to the Delegation for approval
To proclaim national holidays and days of celebration
To command the Armed Forces with the Executive Branch
To propose and conduct diplomatic relations with other nations
To appoint Ambassadors and Ministers ( In Emergencies)

(3) The Monarch is the head of the State, and so can be sued and cannot sue citizens of the Empire as this would put the opponent at an obvious disadvantage.
(4) The Head of State shall defend the religion of all citizens of the Empire.

Article XIII (13) - State of Emergency

(1) In the event of sudden threat to the existence of the Jera Empire, the Emperor has the right to use all necessary avenues of development to safeguard the existence of the Empire and the people.
(2) The use of State 'Emergency Powers' - powers which remain accessible to the Highest Executive Branch member and the Emperor , must be approved by the Assembly for use by the 'Emergency Appointee' in times of grave threat to the existence of the Jera Empire.
(3) The State Emergency Powers include:

Closing/opening country borders
Martial Law
Extraditing citizens convicted of a heinous crime (I.E. Rebellion).

(4) Judicial Emergency Powers shall be delegated to an 'Emergency Appointee' – The Vice President who shall hold and exercise the powers to stop corruption of Emergency power use. The Vice President should be the individual deemed most competent at handling emergency situations.
(5) The Judicial Emergency Appointee shall only use the Judaical Emergency Powers after confirmation by the Assembly, any use of the Powers outside of a State of Emergency, and without Assembly permission, will result in the Delegation repealing the decision, the forceful (if necessary) abdication of the Appointee's office and, if necessary, the citizenship termination of that Appointee.

Chapter IV - Fundamental laws, rights and conventions
Article XIV (14) - Human Rights

(1) Human rights in the Jera Empire are of paramount importance. Any violation of human rights in the Empire, will result in a sentence from the Judicial Branch.
(2) All citizens, whether Lord or Common are equal.
(3) Citizens have the right to freedom of speech, unless proven violent.

Article XV (15) - Religion

(1) All citizens have the right to preach and follow their religion. However, the religion should not interfere with day-to-day life of the public.
(2) It is suggested that religious practices be performed indoors in order to be respectful to other members of the community and populace.
(3) Religion shall not be used in any form in the Empire's politics.
(4) All religions will be treated equally - in the eyes of the Monarch and Government.

Article XVI (16) - Freedom of Speech

(1) All citizens have the right to Freedom of Speech - this includes personal choices and religion - however it is suggested that religious practices be performed indoors.

Article XVII (17) - Freedom to Assemble

(1) Citizens have the right to Assemble peacefully.
(2) Citizens have the right to Associate with one another in peaceful manners.
(3) Every citizen has the right to marry another individual.
(4) Arranged Marriages are illegal.

Article XVIII (18) - Right to Privacy

(1) All citizens have the right to privacy.
(2) All forms of communication between citizens is inviolable.
(3) The home is inviolable.

Article XIX (19) - Right to Political Diversity

(1) All citizens have the right to have differing political opinions and beliefs.
(2) Citizens have the right to found and join political parties.  

Article XX (20) - Freedom of Procreation

(1) All citizens are eligible to have children.
(2) All parents have the authority to decide what religion their child will follow up until the child reaches the age of 16.
(3) Parents have the responsibility to ensure education for their children.

Article XXI (21) - Equality

(1) In the eyes of the law, all humans are equal.
(2) All citizens shall be judged equally in all courts.

Article XXII (22) - Right to a Fair Trial

(1) All citizens shall have the right to a fair trial (Including a Lawyer at the State's Cost), before any consequences are issued.
(2) All suspected citizens shall be innocent until proven guilty.

Article XXIII (23) - The Rebellion

(1) Any citizen found to be plotting against the government and the Empire, shall be charged with Rebellion and sentenced by the Delegation of five.

Article XXV (24) - Criminal Justice

(1) All suspected criminals shall be innocent until proven guilty.
(2) Suspected and convicted criminals have the right to communicate with any known children, spouse, parents, next of kin, religious authorities and medical personnel.

Article XXVI (25) - Electoral Rights

(1) All citizens over the age of 11 will be able to vote in both Representative Elections and Premier Elections.
(2) Any citizens who have been extradited, imprisoned or any crime, will be excluded from voting in any elections.

Article XXVII (26) - Taxation

(1) The Jera Empire does not tax citizens. However, the Empire reserves and exercises the right to tax people VAT (Value Added Tax) at a fixed rate of 7% on anything bought in the Empire.

Article XXVIII (27) - Territorial Gain and Claims

(1) The Jera Empire will only ever try to claim territory by peaceful, diplomatic means.
(2) A physical occupation of the territory by the Empire shall only be enacted if the opposition state does not have a claim that is recognized in international law.
(3) For an area to become a Territory of the Jera Empire, the location should send a visual representation (photo, video etc) of the location to the Empire through the Emperor's email address; Jerapocalpse@gmail.com. The future Governor of the location should then reaffirm their allegiance to the constitution of the Empire.

Article XXIX (28) - Embassies

(1) The Emperor shall be the official to designate specific areas as embassies for the Empire.
(2) The Emperor shall appoint all ambassadors.
(3) For an area to become an embassy for the Empire, the location need only send a visual representation (photo, video etc) to the Emperor.

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