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« on: June 06, 2012, 10:13:55 am »
Some of us have been RPing a movement to get a constitution (or at least a bill of rights) to supersede the AY 425 Decree. It is based at least partially on the decree and the section numbering attempts to correspond with the decree to simplify review. Here is the text we came up with if it is usable as a starting point to actually write one:
The combined races of Yliakum, guided by the religious traditions of this place and our wise leaders, enact the following Constitution to serve as foundational law of Yliakum from this time forward. The law of Yliakum will henceforth be based on the principles of freedom, justice, dignity, equality, and mercy. All laws and offices within the Bronze Doors shall be subject to the provisions of this document and subordinate to it.
This Constitution is to supersede and build on the Octarchal Decree of 425 AY. Any provision of the Decree not explicitly superseded in this constitution shall be considered a valid part of this constitution.
Section 1: Structure of government
Yliakum is to be ruled by a council of 8 Octarchs known as the Inner Circle one Octarch per level. Under their supervision shall serve a council of 20 Vigesimi per level known as the Outer Circle. As a check against the unfettered power of these officials and to maintain justice, there shall be a high court chartered to defend the Constitution and depose tyrants and traitors.
Article I: Octarchs
Powers and Duties
Defense of the Realm (Octarchal Guard, Shadow/Sunshine Squadron)
Supervision of Vigesimi
The Octarch of a level may choose to review the decisions of a Vigesimi on appeal of a dissatisfied party, or at his/her/kra's own discretion.
The decision of the Octarch may be appealed by a person with proper standing to the Last Mortal Court.
Enactment of laws both locally and for all of Yliakum by decree of the Inner Circle.
Term of office
4 cycles, elections of even numbered levels on even numbered numbered cycles and odd numbered levels on odd numbered cycles.
Offset so that elections for two levels will be held in each year.
Elections and appointments
Should an Octarch be unable to complete his/her/kra's term in office, the Last Mortal Court may appoint an Acting Octarch to serve the remaining term of the former official, until an election can reasonably be held for a new Octarch.
Publishing of proceedings
[Placing of new law into Jayose's bookshelf of laws, and / or placing it in the library of laws at the octarchal office to make it official, posting notices of its existence]
Article II: Vigesimi
Powers and Duties
Law and order
As specified in the Octarchal Decree of 425 AY, the Guards and Vigesimi will create and enforce a just state. Under the Vigesimi, the Guards will be responsible for the execution of justice and the resolution of disputes.
Crimes and their punishments shall be judged by the Vigesimi.
The decisions of the Guards may be appealed by a party with proper standing in the matter to the Vigesimi of the level.
Likewise the decision of the Vigesimi may be appealed to the Octarch of the level.
Tax collections
Public works
Term of office
4 cycles, elections of even numbered levels on even numbered cycles and odd
numbered levels on odd numbered cycles.
Offset so that elections for two levels will be held in each year.
The elections for Vigesimi on each level will be offset from the election for Octarch by two years.
Elections and appointments
Should a Vigesimi be unable to complete his/her/kra's term in office, the Octarch of that level may appoint an Acting Vigesimi to serve the remaining term of the former official, until an election can reasonably be held for a new Vigesimi.
No person may simultaneously serve as both Octarch and Vigesimi.
Publishing of proceedings [posting notices of decisions]
Article III: Last Mortal Court
So named as the highest court. There is no appeal from its decision other than prayer.
Powers and Duties
Power to overrule laws on constitutional grounds
Power to impeach treasonous officials
Right to review Octarchal rulings
Term of office
Lifetime
Elections and appointments
Judges of the court are appointed for life.
Publishing of proceedings [posting notices of decisions]
Section Two: Basic laws and rights of the people
Article I: Origin of Sovereignty
The Government of Yliakum exists to serve the people of Yliakum. Therefore all sovereign authority derives from the government, and actions of the government that serve interests other than those of the people of Yliakum are inherently treasonous.
Article II: Hand of The Law
I. When issues of legal contention arise it shall fall upon the Guards or the nearest military office to settle such disputes. When the dispute requires justice, such as disagreements over land, possessions, or other serious issues, they shall fall under the jurisdiction of the Vigesimi.
II. The execution of these laws is to be handled by the authority of the Vigesimi in charge of each town or region. The Octarch of each level shall be the final arbiter of justice for his/her/kra's sovereign lands. Appeals of the Octarch's decision may be made to the Last Mortal Court, if it chooses to hear them. Preservation of the Octarchy means the preservation of all living sentient beings under its reign. The Octarchal Decree shall be followed by all who wish shelter within Octarchal borders.
Article III: Rights of the People
All persons within all of Yliakum are fundamentally equal before the law.
All persons have an inherent fundamental right to their life, freedom, dignity, and property.
III. No person shall be deprived of their property except through a valid legal transaction or direct intervention of a Vigesimi or Octarch. Such intervention shall be subject to due process of notice and/or fair compensation. The taking of private property must serve a general interest. Taken property must be fairly compensated, except in the case of abandoned property. Abandoned property reverts to Octarchal ownership. Many of the races of Yliakum did not enter its lands with a concept of private property or ownership and this led to many conflicts. By law it is now the case that all persons are to respect the idea of an individual’s right to hold and keep their material wealth personally.
IV. It is useful in relation to lands to make a distinction between public and private property. Private property shall be established by ownership and maintenance of an area by an individual. Public lands are all the rest of the land, which fall under the responsibility of the Octarch.
V. Ownership of private property incurs the burden of taxation. When taxes are required they will be paid to the Vigesimi. These taxes can go only towards the maintenance of the Guards and to sponsor the needs of the military in defense of the Octarchy. Abandoned property shall be defined by the nonpayment of these taxes, and such property may be confiscated by the Octarchy to be put back into productive use.
VI. Male, female and Kran children shall be trained by the local guardsmen to fight with sticks and throw stones at targets from the earliest age that they can do so. Our world is harsh and citizens of the Octarchy must be more so. In addition, all children may assert their entitlement to the pursuit of non-combative personal interests and skills.
VII. Once an adult, all peoples must seek and provide monies for at least one year of weapons and armor training, unless such training conflicts with personal ideals and/or beliefs. In addition, all adults may assert their entitlement to the pursuit of non-combative personal interests and skills.
A) Citizens who are deemed unwilling to assist in the protection of Yliakum by the Octarch of the level may be levied an additional fee to support the Octarchal Guard at the discretion of the Octarch. Reasons for inability to serve in the militia as all citizens are obliged include religious objection and moral unfitness to serve. The Octarch shall penalize only those who are unwilling, not those who are unable.
VIII. All citizens must be always prepared to protect themselves and defend their property. However this shall not permit the citizen to pay mercenaries in lieu of maintaining mandated skills, nor shall private armies be permitted.
IX. Land owners who face the true death shall have their land and possessions given to the nearest relative. The order of inheritance is proscribed thusly: spouse, oldest living child, oldest living sibling, parents, or if none of the above survive the ownership of the lands reverts to the Octarchy. All issues of inheritance will be settled through petition of the Vigesimi.
X. As a matter of the preservation of honor, and so that citizens might police their own disputes in most cases, the duel shall be permitted and the duelists shall take their own lives in their hands. No duel is to occur in the towns of Yliakum except within an area designated for such combat. If no such area is dedicated in a given town or city, duelists shall be required to leave the town or city to fight in the wilderness. The right to duel shall be extended to allow guilds to settle their differences through battle if they agree to do so.
XI. The resources of the land belong to the Vigesimi and shall be mined or gathered only when made available to the public by the Octarchy under the supervision of the nearest Vigesimi.
XII. Right to equal protection of law.
A) All persons shall have equal protection and obligation under this constitution regardless of race, gender, religion, origin, citizenship, wealth, social standing, or political office. The terms of this constitution apply throughout all of Yliakum; no area or person is exempt.
B) No person may be subjected to cruel and degrading treatment. Torture is explicitly prohibited.
C) No person may be held as a slave or coerced in any way other than legal imprisonment for the commission of a crime, or a call to service to defend the realm. Nor may a person be deprived of his/her/kra's rights as a citizen, personhood, or name for any reason.
D) Right to protection of the law.
All persons have a right to proper legal process for the settling of issues. Justice must follow its proper legal course and all have an equal right to it. This includes the right to duel as specified in Article X.
E) Right of speech.
It is the right of a person to speak freely. This includes political speech and the right of a free press.
F) Freedom of Religion
No person may be compelled to join a faith or be forced to follow the tenets thereof. Nor shall adherence to any faith be banned. However this provides no protection against punishment for criminal acts.
G) Right to gather and associate, to form guilds and associations for any except criminal purposes.
H) Equal right to work and profit.
No person shall be deprived of equal opportunity to work and profit from their labors based on race, gender, religion, origin, citizenship, wealth, social standing, or political office. Nor shall any person be permitted undue opportunity to work and profit based on these factors.
I) No law may abridge the right to express one's culture or to pursue any art or science, except to prevent serious risk in a populous area.
J) Right to Suffrage.
All adult citizens have the right to vote and be represented. This right may not be rescinded, nor may a citizen be stripped of that right other than for the commission of a serious crime.
Article IV: Rights of the State
XIII. Anyone not making productive use of their lands shall have them seized by the Octarchy. A Vigesimi may seize any lands they deem needed for the preservation of the Octarchy with their Octarch’s consent without public or private reprisal. However no lands may be seized by Octarchal authority without due process of notice and fair compensation.
XIV. Any lands deemed by the Vigesimi to be required for governmental use must be expected to produce a tangible benefit to the local populace. In this manner a wide range of possibilities are expressed: a Vigesimi may decide a park is needed in a location and grant that to the people without concern for anyone displaced by such decisions. Acquisition of such land is subject to Articles III and XIII.
XV. Mines and other resources may not be seized by Octarchal authority without prior warning or consent of prospectors who are currently working the mine.
XVI. All attempts at evading the payment of taxes will be dealt with harshly.
XVII. All citizens, unless exempted by the Octarch as specified in Article VII (A) are part of the militia, and may be called on in time of emergency. However, service in the regular Guards force shall be voluntary and Guards shall be fairly paid.
All other rights and responsibilities listed in the Octarchal Decree of 425 AY.
Section Three: Relationships among the levels and authority of jurisdictions
Article I: Extradition
On the receipt of a writ from a Vigesimi a person sought for a crime shall be detained by the authority of the Vigesimi of the district that are located in.
Following a hearing to determine the validity of the writ and the identity of the person that shall be returned to the district of the Vigesimi seeking them through the writ.
Article II: Honoring of acts
All officials must honor the lawful acts, decisions, rulings, and pronouncements of officials in other districts.
Article III: Hierarchy of laws
The laws of Yliakum shall be interpreted in a hierarchy. This constitution is the supreme law of the land, no act may supersede it.
Under the constitution decrees of the Inner Circle shall be binding on all in Yliakum. They supersede any act of an Octarch or Vigesimi.
An Octarch may pass laws binding on the level he/she/kra rules, provided they do not conflict with a decree of the inner circle or the constitution.
The Outer Circle may pass laws. They will be binding in any area where they are not superseded by a law of the octarchy or a provision of the constitution.
An individual Vigesimi may pass regulations relevant to his/her/kras district, provided they are not superseded by an octarchal rule, a rule of the Outer Circle, or the constitution.
Article IV: Promotion of trade
No official shall act to unduly restrict commerce among jurisdictions.
All officials are bound to support and maintain the roads, stairs, winches and other means of commerce in a safe and productive condition.
Section Four: Means of enactment and amendment.
Following a vote of the existing Octarchs and subject to a three fourths approval, the Constitution will be sent to the Vigesimi for a vote. Following an approval of three fourths of the Vigesimi, the document will be subject to an election of the citizens of Yliakum. Should three fourths of the citizens voting approve, this document will become law, effective 30 days from the time of the vote. Amendments to this approved Constitution may be made in the future following the same electoral process as the original implementation.
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