The Second Constitution of the Micronation of Audentior

 

Preamble

We, the People, have come together from the depths of cyberspace to create the nation of Audentior under a wise Chancellor. A nation founded on values that we believe all sentient life holds to be sacred. Values that include but are not limited to, equality, justice, liberty, peace, freedom, self-determination, and the ability to pursue happiness. Our society, founded on these values, shall be a shining light, a beacon in the darkness of all the oppressed, all the poor, all the sentient whose souls have been crushed under other regimes. We are the final defender of hope, the candle that burns the shadows of fear away.

 

Article I – the Chancellor of Audentior

 

Section I – the Executive

1. As provided by the Constitution, the sovereign leader of Audentior shall be vested in one person henceforth known as the Chancellor.

 

Section II – the Chancellor

1. The Chancellor shall be the sovereign leader of the State and the unity of the people, deriving his position from the will of the people.
2. The Chancellorship shall be dynastic and succeeded to in accordance with each Chancellor.
3. His official title shall be Chancellor of Audentior, and Emperor over its Dominions.
4. A new Chancellor shall take power only upon the death or the abidication of the previous Chancellor.
5. The Chancellor, upon ascendancy, shall with the utmost speed appoint the members of the Blue Chamber, a Prime Minister as designated by the Senate and freely voted by the people, and jointly with the Senate appoint all five justices of the Court of Equity.
6. The Chancellor shall have the specific powers of (1) Promulgation of amendments of the constitution, laws, cabinet orders and treaties. (3) Binding Imperial Decrees. (3) Veto of all bills passed by the Senate except for procedure rules or rules of the kind. (4) Convocation of the Senate. (5) Dissolution of the Senate. (6) Proclamation of general election of members of the Senate. (7) Attestation of general and special amnesty, commutation of punishment, reprieve, and restoration of rights. (8) Awarding of honors. (9) Attestation of instruments of ratification and other diplomatic documents as provided for by law. (10) Receiving foreign ambassadors and ministers. (11) Performance of ceremonial functions.
7. The Chancellor shall have no vote in the Senate.
8. The Chancellor shall not take any action that would result in the incapacitation of the Senate except for dissolution.
9. The Chancellor may not remove a specific member of the Senate, nor may the Chancellor prevent a specific person from running in an election.
10. The Chancellor shall not pass any Imperial Decree that violates a law passed by the Senate.
11. The Chancellor shall not pass any Imperial Decree that violates this Constitution.
12. The Chancellor shall report to the People on the state of the nation at least once every two Gregorian months.
13. Should the Chancellor violate a law or a right enumerated to the people by this constitution, he shall be tried by the Court of Equity, but shall retain his powers during the trial. He shall not, however, pass any Imperial Decrees that would impede the fairness and expeditiousness of his trial. Should the Chancellor be found guilty, the Court of Equity shall determine the punishment. If the punishment is abdication, then the Chancellor has the right to choose a successor.
14. The Chancellor shall have sole power to perform or delegate any and all powers not specifically denied to him in this Constitution.

 

Section III – the Blue Chamber

 

1. The Blue Chamber shall be the embodiment of the Chancellor’s sovereign power and the symbol of the Chancellor’s unity with the people.
2. The Blue Chamber shall derive all of its power as delegated to by the Chancellor. At minimum, it shall consist of a Minister of State, a Minister of the Interior, and a Minister of Defense.
3. The members of the Blue Chamber shall be appointed and removed at the discretion of the Chancellor.
4. Any minister or member of the Blue Chamber shall not be part of the Senate, and they may not have a vote in the Senate.
5. The Blue Chamber shall appoint a Regent in the event of the death, retirement, or incapacitation of a Chancellor and in the event that no successor has been chosen. The Regent shall prepare a general election of the people to choose a new Chancellor within fourteen days.

 

Article II – the Senate

 

Section I – the Legislative

1. All legislative powers herein granted shall be vested in a Senate of Audentior.

 

Section II – the Senate

1. The Senate shall possess one Prime Minister who shall be the voice of the Senate and enforce any interior rules the Senate establishes.
2. The Senate shall consist of elected members, representative of all people.
3. The Senate shall consist of a fixed number of members, as designated by Imperial Decree.
4. The qualifications of the members of the Senate shall be fixed by Imperial Decree. However, there shall be no discrimination because of race, creed, sex, sexual orientation, social status, family origin, education, property or income. However, a Senator must be, of course, a citizen of Audentior in good standing.
5. The length of a term and the number of terms a Senate may serve shall be set by Imperial Decree.
6. A Senate session shall be convoked at least once every month.
7. When the Senate is dissolved, a regular election shall occur within seven days.
8. The Senate shall pass bills of any kind.
9. A bill shall be passed with a simple majority.
10. If the Chancellor takes no action on a passed bill within three days, it becomes the law of the land and may not be overridden.
11. If a bill passed by the Senate is vetoed by the Chancellor, then the Senate shall override the veto through a ¾ vote.
12. The Senate shall, jointly with the Chancellor, appoint all five members of the Court of Equity.

 

Article III – the Court of Equity

 

Section I – the Judiciary

1. The whole judicial power is vested in a Court of Equity and in such inferior courts as are established by law.
2. No extraordinary tribunal shall be established, nor shall any organ or agency of the Executive be given final judicial power.

3.      All judges shall be independent in the exercise of their conscience and shall be bound only by this Constitution and the laws.

 

Section II – the Court of Equity

1. The Court of Equity shall consist of exactly five members.
2. The Court of Equity, when appointed, shall not be replaced unless in the event of death, incapacitation, or retirement.
3. No disciplinary action against judges shall be administered by any executive organ or agency.
4. The Court of Equity is the court of last resort with power to determine the constitutionality of any law, order, regulation or official act.
5. Trials shall be conducted and judgement declared publicly.
6. Where a court unanimously determines publicity to be dangerous to public order or morals, a trial may be conducted privately, but trials of political offenses, offenses involving the press or cases wherein the rights of people as guaranted in this Constitution are in question shall always be conducted publicly.
7. The Court of Equity shall have the sole power to try the Chancellor should he violate a law or the Constitution.

 

Article IV – Amendments

1. The Senate and the Chancellor, when they deem it necessary, shall propose amendments to this Constitution.
2. Amendments shall be made to the Constitution by means of a Imperial Decree and an equal law passed by the Senate. Both the bill and the Imperial Decree shall have the same wording, and both shall be in effect in order for the constitution to be amdended.

 

Article V – Rights enumerated to all citizens

1. The fundamental human rights by this Constitution guaranteed to the people of Audentior are fruits of the age-old struggle of man to be free; they have survived the many exacting tests for durability and are conferred upon this and future generations in trust, to be held for all time inviolate.
2. The Constitution is the supreme law of the land and shall supersede any law passed by the Senate or any Imperial Decree issued by the Chancellor.
3. The Chancellor shall obey all laws and shall not violate rights enumerated to the citizens by the constitution.
4. No sentient being shall be discriminated against based on his/her/its race, creed, religion or lack of, sex, sexual orientation, social status, family origin, education, property, income, or species. Parties discriminating on these grounds shall be quickly and harshly brought to justice. Parties that believe they have been discriminated on these grounds can bring their cases before the Court of Equity.
5. Freedom is a right valued above all others.
6. The people are free to live their lives in any way they wish.
7. A well educated, well informed population is the only perfect safeguard against tyranny. In this spirit, all information that is not of a personal, individual nature is to be free for any citizen who wishes it. All government documents and meetings are to be released, unaltered, to the population no more than seven days after their creation. Corporate files are to be on released no more than 10 days after their creation. In an effort to avoid information being corrupted by government or corporate influences, the People of Audentior shall choose trustworthy members of the community to gather and distribute information.
8. People shall be free to say what they want, when they want, as long as it does not endanger the lives of others.
9. The People shall be able to worship who they choose, what they choose, when they choose. Also, people shall be able to not worship if they choose. Religion and the lack of it is to be outside of government jurisdiction. No religion can be endorsed by the state nor can any religion be demonized by the state.
10. The People have the right to determine how they wish to live their life free from government or corporate interference. They have the right to alter their body, mind, and spirit in anyway they wish. They have the right to choose their consenting sexual partners of any race, religion, gender, or age(beyond the age of consent). They have the right to live as they choose to live, even if it is not part of the culturally accepted norm. They have the right to be who they are.
11. Sentient beings are allowed to pursue their happiness in anyway they wish as long as it does not affect the rights of others. Government and corporations shall not be allowed to interfere or stop this pursuit as long as the individual in question has not harmed anyone.
12. Every person shall have the right of peaceful petition for the redress of damage, for the removal of public officials, for the enactment, repeal or amendment of laws, ordinances or regulations and for other matters; nor shall any person be in any way discriminated against for sponsoring such a petition.
13. Every person may sue for redress as provided by law from the State or a public entity, in case he has suffered damage through illegal act of any public official.
14. No person shall be held in bondage of any kind. Involuntary servitude, except as punishment for crime, is prohibited.
15. Every person shall have freedom to choose and change his residence and to choose his occupation to the extent that it does not interfere with the public welfare. Freedom of all persons to move to a foreign country and to divest themselves of their nationality shall be inviolate.
16. Academic freedom is guaranteed.
17. Marriage shall be based only on the mutual consent of two people and it shall be maintained through mutual cooperation with the equal rights of both spouses as a basis. With regard to choice of spouse, property rights, inheritance, choice of domicile, divorce and other matters pertaining to marriage and the family, laws shall be enacted from the standpoint of individual dignity and the essential equality of the people.
18. All people shall have the right to receive an equal education correspondent to their ability, as provided for by law.
19. All people shall have the right and the obligation to work. Standards for wages, hours, rest and other working conditions shall be fixed by law. Children shall not be exploited.
20. The right to own or to hold property is inviolable. Property rights shall be defined by law, in conformity with the public welfare. Private property may be taken for public use upon just compensation therefore.
21. The people shall be liable to taxation as provided for by law.
22. No person shall be denied the right of access to the courts.
23. No person shall be deprived of life or liberty, nor shall any other criminal penalty be imposed, except according to procedure established by law.
24. No person shall be apprehended except upon warrant issued by a competent judicial officer which specifies the offense with which the person is charged, unless he is apprehended, the offense being committed.
25. No person shall be arrested or detained without being at once informed of the charges against him or without the immediate privilege of counsel; nor shall he be detained without adequate cause; and upon demand of any person such cause must be immediately shown in open court in his presence and the presence of his counsel.
26. The right of all persons to be secure in their homes, papers and effects against entries, searches and seizures shall not be impaired except upon warrant issued for adequate cause and particularly describing the place to be searched and things to be seized. Each search or seizure shall be made upon separate warrant issued by a competent judicial officer.
27. The infliction of torture by any public officer and cruel punishments are absolutely forbidden.
28. In all criminal cases the accused shall enjoy the right to a speedy and public trial by an impartial tribunal. He shall be permitted full opportunity to examine all witnesses, and he shall have the right of compulsory process for obtaining witnesses on his behalf at public expense. At all times the accused shall have the assistance of competent counsel who shall, if the accused is unable to secure the same by his own efforts, be assigned to his use by the State.
29. No person shall be compelled to testify against himself. Confession made under compulsion, torture or threat, or after prolonged arrest or detention shall not be admitted in evidence. No person shall be convicted or punished in cases where the only proof against him is his own confession.
30. No person shall be held criminally liable for an act which was lawful at the time it was committed, or of which he had been acquitted, nor shall he be placed in double jeopardy.
31. Any person may, in case he is acquitted after he has been arrested or detained, sue the State for redress as provided for by law.
32. The freedoms and rights guaranteed to the people by this Constitution shall be maintained by the constant endeavor of the people, who shall refrain from any abuse of these freedoms and rights and shall always be responsible for utilizing them for the public welfare.

 

Article VI - The Second Constitution of the Micronation of Audentior

I rejoice that the foundation for the construction of a new Audentior has been laid according to the will of the Audentior people, and hereby sanction and promulgate the amendments of the Audentior Constitution.

 

Signed,

Evan von Christoph, Seal of the Chancellory, this nineteenth day of the third month in the year of our Lord two thousand and of the Independence of Audentior the first.