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by The Crowned Republic of Spearwald. . 80 reads.

The Constitution of Emery

Government of Emery

Preamble
WE, THE PEOPLE OF EMERY, having solemnly resolved to constitute Emery into a SOVEREIGN CONSTITUTIONAL MONARCHY and to secure to all its citizens:

JUSTICE, social, economic and political;

LIBERTY of thought, expression, belief, faith and worship;

EQUALITY of status and of opportunity; and to promote among them all FRATERNITY assuring the dignity of the individual and the unity of the Nation;

IN OUR CONSTITUENT ASSEMBLY this seventeenth day of September, 1989, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.

Part I: The Union and Its Territory
Article 1 Emery and union of state
1. Emery, shall be a region with Union of Nation States, officially known as the Kingdom of Emery.
2. The territory of Emery shall comprise — the territories of the States; and such other territories as may be acquired.

Part II: Citizenship
Article 2: Citizenship at the commencement of the Constitution
At the commencement of this Constitution, every person who has his domicile in the territory of Emery shall be a citizen of Emery.

Article 3: Persons voluntarily acquiring citizenship of a foreign State not to be citizens
No person shall be a citizen of Emery by virtue of article 2, if he has voluntarily acquired the citizenship of any foreign State.

Article 4: Continuance of the rights of citizenship
Every person who is or is deemed to be a citizen of Emery under any of the foregoing provisions of this Part shall, subject to the provisions of any law that may be made by Parliament, continue to be such citizen.

Article 5: Parliament to regulate the right of citizenship by law
Nothing in the foregoing provisions of this Part shall derogate from the power of Parliament to make any provision with respect to the acquisition and termination of citizenship and all other matters relating to citizenship.

Part III: Fundamental Rights
Article 6: Definition
In this Part, unless the context otherwise required, "the State" includes the Government and Parliament of Emery and the Government and the Legislature of each of the States and all local or other authorities within the territory of Emery or under the control of the Government of Emery.

Article 7: Laws inconsistent with or in derogation of the fundamental rights
1. All laws in force in the territory of Emery immediately before the commencement of this Constitution, in so far as they are inconsistent with the provisions of this Part, shall, to the extent of such inconsistency, be void.
2. The State shall not make any law which takes away or abridges the rights conferred by this Part and any law made in contravention of this clause shall, to the extent of the contravention, be void.

Article 8: Equality before law
The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of [Emery.

Article 9: Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth
1. The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them.
2. No citizen shall, on ground only of religion, race, caste, sex, place of birth or any of them, be subject to any disability, liability, restriction or condition with regard to their basic fundamental rights.
3. Nothing in this article shall prevent the State from making any special provision for women and children.

Article 10: Protection of certain rights regarding freedom of speech, etc.
1. All citizens shall have the right -
1.1. to freedom of speech and expression;
1.2. to assemble peacefully and without arms;
1.3. to form associations or unions; or co-operative societies;
1.4. to move freely throughout the territory of Emery;
1.5. to reside and settle in any part of the territory of Emery; and
1.6. to practice any profession, or to carry on any occupation, trade or business.

Article 11: Protection of interests of minorities
Any section of the citizens residing in the territory of Emery or any part thereof having a distinct language, script or culture of its own shall have the right to conserve the same.

Part IV: Directive Principles of State Policy
Article 12: Separation of judiciary from executive
The State shall take steps to separate the judiciary from the executive in the public services of the State.

Article 13: Promotion of international peace and security
The State shall endeavour to -
1. promote international peace and security;
2. maintain just and honourable relations between nations;
3. foster respect for international law and treaty obligations in the dealings of organised people with one another;
4. encourage settlement of international disputes by arbitration; and
5. recognizing the World Assembly (WA) as the world's governing body.

Article 14: Fundamental duties
It shall be the duty of every citizen of Emery -

1. to abide by the Constitution and respect its ideals and institutions, the Regional Flag;
2. to cherish and follow the noble ideals which inspired our regional struggle for freedom;
3. to uphold and protect the sovereignty, unity and integrity of Emery;
4. to defend the State and render national service when called upon to do so;
5. to promote harmony and the spirit of common brotherhood amongst all the people of Emery transcending religious, linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity of women;
6. to value and preserve the rich heritage of our composite culture;
7. to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures;
8. to develop the scientific temper, humanism and the spirit of inquiry and reform;
9. to safeguard public property and to abjure violence;
10. to strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement.

Part V: The Union
Chapter I: The Executive
Article 15: The Monarch of Emery
There shall be a Monarch of Emery acting as the Head of State.

Assist by Privy Council, a Royal Advisory Board consist of 6 councillors. Its membership is drawn into three divisions, staggered so that every two years, all seats in a division will expire together. All member’s appointment expires every sixth year.

The 1st division consist of –
A member appointed at the discretion of the Monarch;
A member appointed on the Chief Justice’s advice.

The 2nd division consist of –
A member appointed at the discretion of the Monarch;
A member appointed on the Chairman, Public Service Commission (PSC)'s advice.

The 3rd division consist of –
A member appointed at the discretion of the Monarch;
A member appointed on the Prime Minister’s advice.

Subsequently, additional member up-to-6-members whenever deem necessary by the Monarch may be admitted into the Council provided they are not holding any conflicting public office.

Article 16: Executive power of the Union
1. The executive power of the Union shall be vested in the Monarch and shall be exercised by him either directly or through officers subordinate to him in accordance with this Constitution.
2. Without prejudice to the generality of the foregoing provision, the supreme command of the Defence Forces of the Union shall be vested in the Monarch and the exercise thereof shall be regulated by law.

Article 17: Conditions of Monarch's office
1. The Monarch shall not have any political affiliation.
2. The Monarch must be from the Royal House of Mildora.

Article 18: Power of Monarch to grant pardons, etc., and to suspend, remit or commute sentences
The Monarch shall have the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any persons convicted of any offence.

Article 19: Council of Ministers to aid and advise Monarch
1. There shall be a Council of Ministers with the Prime Minister as the Head of Government to aid and advise the Monarch who shall, in the exercise of his functions, act in accordance with such advice:
Provided that the Monarch may require the Council of Ministers to reconsider such advice, either generally or otherwise, and the Monarch shall act after taking in view of the advice tendered after such reconsideration.
2. The question whether any, and if so what, advice was tendered by Ministers to the Monarch shall not be inquired into in any court.

Article 20: Other provisions as to Ministers
1. The Prime Minister and other Ministers shall be appointed by the Monarch advised by Prime Minister.
2. The Council of Ministers shall be collectively responsible to the House of the People.
3. The Prime Minister shall be a member of the House of the People, and who in His Majesty's judgment is likely to command the confidence of the majority of the members of that House, henceforth the elected WA Delegate.

Chapter II: Parliament
Article 21: Constitution of Parliament
There shall be a Parliament for the Union which shall consists of the Monarch and two Houses to be known respectively as the House of Lords (upper house) and House of the People (lower house).

House of Lords shall consist of 2 representatives for every single state acting as States Councillor; chaired by Lord President of the Council. Additionally, 28 councillors shall be appointed by the Monarch.

House of Representatives shall consist of 1 representative for every 5,000,000 citizens elected by citizens. Any one and/or coalition of party shall obtains a majority of seats to be entitled to form the Government.

Article 22: The Speaker of the House
The House of the People shall, as soon as may be, choose two members of the House to be respectively Speaker and Deputy Speaker thereof and, so often as the office of Speaker or Deputy Speaker becomes vacant, the House shall choose another member to be Speaker or Deputy Speaker, as the case may be.

Chapter III: The Union Judiciary
Article 23: Establishment and Constitution of Supreme Court
1. There shall be a Supreme Court of Emery consisting of a Chief Justice of Emery and, until Parliament by law prescribes a larger number, of not more than seven other Judges.

2. Every Judge of the Supreme Court shall be appointed by the Monarch by warrant under his hand and seal after consultation with such of the Judges of the Supreme Court and of the High Courts in the States as the Monarch may deem necessary for the purpose and shall hold office until he attains the age of sixty-five years.

3. A Judge of the Supreme Court shall not be removed from his office except by an order of the Monarch passed after an address by each House of Parliament supported by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of that House present and voting has been presented to the Monarch in the same session for such removal on the ground of proved misbehaviour or incapacity.

Article 24: Power of Monarch to consult Supreme Court
If at any time it appears to the Monarch that a question of law or fact has arisen, or is likely to arise, which is of such a nature and of such public importance that it is expedient to obtain the opinion of the Supreme Court upon it, he may refer the question to that Court for consideration and the Court may, after such hearing as it thinks fit, report to the Monarch its opinion thereon.

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