Constitutional Commission

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Constitutional Commission
Comissão Constitucional
Ruthenian Eagle.png
Type
Housesunicameral
Term limits
No term limits are imposed
History
Founded10 February 2017
Disbanded30 July 2017
Leadership
Chairman
line-height:1.3em
Seats04
Meeting place
Justizpalast

The Constitutional Commission (Comissão Constitucional) is the Karno-Ruthenian constituent assembly established on 10 February 2017, after the February Manifesto (05 February 2017), for the purpose of adopting a new constitution for the Karno-Ruthenian Empire. It was disbanded on 30 July 2017[1] after the promulgation of the new constitution[2].

Background[edit | edit source]

The February Manifesto was a document that served as a precursor to the Karno-Ruthenian Empire's third constitution, which would be adopted in a coming date. The Manifesto was issued by Wilhelm von und zu Hochbach, Minister of Justice, on 05 January 2017 as a response to the legal confusion that permeated the Legislative Power of the Empire. Oscar I strenuously resisted to the idea of change the constitution for a third time, but gave in after the February Manifesto[3], promising total reformation of the Empire's structure of government.

After an audience of more than five hours with the Emperor-King on the night of 09 February 2017, on the following day the Constitutional Commission was established[4]. Presided by Hochbach, the commission was formed by Nicolas Grangier, the former Minister of Foreign Affairs, Christian of Letzembourg, Grand Duke of Letzembourg and Thomas of Cumagne, the King of Cumagne.

Meetings[edit | edit source]

The first meeting took place on 13 February and the Internal Regiment was discussed. Written by Wilhelm von und zu Hochbach, the Internal Regiment of the Commission was enacted as an "internal Constitution", whereas the Comission acted as an independent government agency. Unlike the other issues discussed, the Internal Regiment ws not open to vote or deliberation, and its goal was to give publicity to the ordinance.

On 01 March, the second meeting took place. The main theme of the meeting was the structure of the Constitution's titles, to indicate the totality of the subjects approached and also the character of the content of the Constitution. In addition, other considerations have been made. Despite the ceremonial importance of the armed forces, the Comission reserved a title to contemplate it because some political and hierarchical issues that must be written about this. It was also decided that after finishing the Constitution, would be necessary a Transitional Constitutional Provisions Act, which would be a law with constitutional power that regulates the transition to the new legal order.

On 06 March, the third meeting decided the first title of the new Constitution, the "Fundamental Principles": what Karnia-Ruthenia is, its principles and the objectives of its internal and external policies.

The forth meeting took place on 13 March, and was about the following title of the Constitution, about individual rights, liberties and guarantees. The most important aspect of this title was the creation of a single institution in law, habeas ius, a recourse in law through which a person can report an unlawful deprivation of rights to a court and request that the court determine if the deprivation is lawful. The origin of this unique institute in law is inspired by habeas corpus, but respecting the idea that no micronation has the possibility of physically detaining someone as a punishment. The original wording of article 10 was modified at the suggestion of Thomas de Cumagne.

The following meeting was on 18 March, and was about political rights. It maintained the universal, direct, equal, secret and periodic suffrage, but also deprived members of the Imperial Family of this right. The text found consonance in the Electoral Code in force at the time, but also created the need to change it to the new constitutional reality. This meeting was also the scene of debates. Thomas de Cumagne initially did not think it was necessary party affiliation to run for the elections, but found opposition in the figure of Wilhelm von Hochbach and the Emperor. While the Emperor argued that this provision was necessary to make clear the political ideologies prevailing in the Empire and to maintain the banishment of Communism and Fascism, as well as other totalitarian ideologies. Wilhelm of Hochach gave another reason, less conected with political security: if they accept candidacy without affiliation, then, instead of some parties, they would have several one-person parties and considering Karnia-Ruthenia were a parlamentarian State, if this happen, they wouldn't have government vs. opposition, and the whole system would suffer.

The sixth meeting was on 24 March, about the forth title. The subject was very delicate and complicated: the definition of nationality of the Empire. It was approved without further discussion.

On 27 March, the seventh meeting took place and the subject of discussion was the first chapter of the fifth title of the Constitution, establishing the Empire as an unitary, monarchical, parliamentary and multi-party Democratic State of Rights.

The next meeting, held on 30 March, addressed another revolutionary theme for internal administration. It established and limited the competences of the Emperor (hitherto very broad) and established a new version of the Imperial Council (not to be confused with the Parliament of Karnia), while also mentioning, albeit not for the first time, a unified parliament.

On 05 April, the meeting discussed the third chapter of the fifth title. The title established the position of Imperial Chancellor as Head of Government of the Empire, finishing with the current version of two heads of government, one for each half of the Empire, a concept that would also disappear with the new constitution. Wilhelm von Hochbach stated at the meeting that the Head of Government will henceforth be called Imperial Chancellor. The designation "prime minister" will no longer be used and I already changed it in the previous texts. I decided it upon the Emperor's advice, in order to be more faithful to the nation's culture. Thomas de Cumagne and the President of the Commission discussed the need to list the ministers who would form the cabinet. After much thought, wilhelm of Hochbach understood it is not necessary and may even be harmful to the political dynamics to list all the ministries in the Constitution. The adaptability of government institutions requires ministries to be created and regulated by decree from the Imperial Chancellor's office. In this chapter, are only listed the ministries which were mandatory to exist.

The meeting to discuss the forth chapter of the fifth title took place on 14 April. It established for the Armed Forces the monopoly of coercive force, granting immense autonomy to the traditional institution of the Empire and replacing the General Staff by the Imperial General Headquarters, a more comprehensive body.

From 19 April, when the session was closed until the second half of July, no session was held because of the participants' agenda. However, numerous meetings between the President of the Commission and the Emperor were held in order to establish the future of the constitutional text.

End of the Commission[edit | edit source]

After a meeting between the Emperor and the President of the Commission who lasted eight consecutive hours between 27 and 28 July 2017, the final section of the constitution was published for consideration and approved by the other members of the Commission. On the same day, the final draft was submitted by the Commission to the Emperor, who approved the final text the following day, by decree n. 096-2017.

After the promulgation of the constitution, the President of the Commission extinguished the work of the Constitutional Commission on 30 July 2017 through Ordinance n. 017-2017. On 31 July, the Emperor made a brief patriotic speech about the new constitution, which would take effect the next day, 01 August 2017, a national holiday. Still on 01 August, the Emperor took his solemn oath to protect and enforce the Constitution, making him, in fact, a constitutional monarch.

Later that day, the Imperial Decree n. 099-2017, about the Temporary Constitutional Provisions Act, was published, adapting and giving effect, finally, the new legislature, the Imperial Diet.

Members of the Constitutional Commission[edit | edit source]

See also[edit | edit source]

References[edit | edit source]