Preamble Foundation of the Empire of Jaconia
The People, pursuing the goals spelled out in this Constitution; establish the Empire of Jaconia (EOJ) in the existing territory of the Commonwealth of Australia.
Article 1 State People (Citizenship, Language)
(1) Citizens of the EOJ are all humans who are children of a citizen of the Empire, who are born in the territory of the Empire, or who are otherwise appointed by one of the Emperors.
(2) The official language in the EOJ is Latin. The spoken language amongst all citizens is Standard English.
Article 2 State Form
(1) This State is a secular, sovereign Monarchy. All entities of the State must yield to these principles.
(2) This Constitution is the supreme law of the Empire; it is directly binding on all state authority, excluding that of the Emperors. The general rules of public international law constitute an integral, inviolable part of the national law.
Article 3 State Symbols, Capital
(1) The State has the National Colours (Maroon and Black), the State Flag (the Tri-Eagle), Seal (the Tri-Crown), and Coat of Arms (The Initial Bearer) as well as the National Anthem (Jaconia the Great).
(2) The State Motto is "Humanus Debilitas. Jaconius Divinus” (Humanity is flawed. Jaconians are divine)
(3) The capital of the EOJ is the city and
Article 4 General Constitutional Objectives
(1) The Empire of Jaconia promotes justice and universal protection of human rights as individual rights. The State encourages fraternity among its citizens by establishing solidarity, general welfare, and national unity so that they might overcome obstacles placed before them by enemies of the state.
(2) The State acknowledges the right of the People to national autonomy and self-determination, and the right of minorities to group autonomy.
(3) The EOJ promotes:
(a) public health care;
(b) education and schooling;
(c) schemes for social welfare;
(d) preservation and development of culture;
(e) preservation and maintenance of historical objects;
(f) environmental protection, intergenerational equity, and the protection of nature for its intrinsic value including the protection of nature's right;
(g) natural and social sciences. (h) promotion of a nationalist identity both within our borders and abroad.
Article 5 Imperial Security
(1) The EOJ promotes fraternity with those nations that wish to ally themselves with the empire. We seek to create a united front against those who don’t.
(2) The Empire of Jaconia takes adequate measures to preserve its integrity even in the state of war or civil war. In either said state, the Emperors will exercise to the fullest extent their autocratic powers, so as to maintain national unity in times of hardship.
(3) The Empire protects its subjects against terrorism, extremism, and catastrophes.
Article 6 Appointment of Nobility
(1) All members of the nobility must be personally appointed by either of the Emperors (2) No measure of land or political power can be attributed to a title alone.
Article 7 Organizational Principles
(1) The Empire of Jaconia separates executive, legislative, and adjudicative powers. Offices in different powers are incompatible with each other (horizontal incompatibility). Offices in national entities are incompatible with any public office on a lower level (vertical incompatibility) and with any other salaried office, private or public (economic incompatibility). Political offices are incompatible with active duty in the armed forces (military incompatibility).
(2) The EOJ seeks to instil a sense of nationalism in all its citizens; therefore unwavering loyalty to the Empire will be demanded.
Article 8 Centralisation
All political and official decisions will be brought before and approved by the Emperors before being put into action. All regional decisions will be directed to Jacwan.
Article 9 Regional Council
(1) The regions are represented in the Council of Nobles.
(2) The CON consists of one representative from each individual region.
(3) All decisions made by the Council of Nobles will be referred to Jacwan for approval, as stated in Article 8.
Article 10 National Powers
(1) State powers belong to the national entities for the following subject matters:
a) state defence,
b) foreign relations,
c) economic regulations,
d) infrastructure and traffic,
e) taxation,
f) solidarity systems,
g) private, criminal, and procedural law,
h) educational and other standards,
i) and all other subject matters which by their very nature or as a corollary to the subjects listed have to be centralized on the national level.
Part II Representation of the State
Article 11 Heads of State
(1) The Imperial Throne is shared by Emperor Jack I and Emperor Nathan I, who rule as Co-Emperors. (2) The Emperors hold absolute power over their subjects. (3) The Emperor is selected according to primogeniture. The first son to be born by either Emperor will become Crown Prince. (4) Salic law governs ascension. In the event that there are no males of the Imperial line, a member of the lower nobility will be selected according to their lands and their standing with the late Emperor.
Article 12 National Government, The Emperors
(1) The executive power of the State is vested in the Imperial Government. It includes diplomatic affairs.
(2) The Emperors head the Imperial Government. The Emperors freely choose the National Ministers.
(3) The Grand Duke Samuel is Grand Marshall of the Armed Forces.
Article 13 Levels of Nobility
Grand Duke is the highest title any nobleman can receive in the EOJ, followed by Lord of the Realm, Baron, which is then followed by Count and Marquis.
Article 14 Regional Equalization of Finances
The State provides for an overall equalization of finances, giving due consideration to the regions' respective debts, burdens, economic power, and infrastructural responsibilities.
Article 15 Division of Power
(1) The legislative power is vested in the Emperors.
(2) The Emperors makes all political decisions.
(3) The will of the Emperors is final
Article 16 Rights of Members of the Nobility
(1) Members of the nobility are only bound by their conscience.
(2) Members of the nobility may not be subjected to court proceedings or disciplinary action unless directly charged by the Emperors (3) Members of the nobility may not be called to account or be arrested except by permission of the Emperors (Immunity).
Article 17 Lawmaking Process
The Emperors will make a joint decision on the implementation of any new laws.
Article 18 Budget
The bill for the yearly budget law is introduced by the Minister of Finance.
Article 19 Treaties
(1) Both Emperors will sign all treaties with other states.
(2) The legislative power of the Council of Nobles includes the power to ratify treaties with other states.
(3) Treaties not ratified within six months have to be revoked by the Emperors.
Article 20 Imperial Ordinances
(1) Laws may empower Imperial Ministers to adopt Imperial Ordinances regarding a specified subject matter.
(2) Imperial Ordinances do not require ratification by The Council of Nobles.
Article 21 State of
In cases of grave and immediate threat to the existence of the EOJ, the Emperors may take necessary measures of defence.
Article 22 Ombudsman
The Imperial Ombudsman safeguards fundamental rights and liberties and controls the compliance of all state powers with the provisions of this Constitution.
Article 23 Independent Courts
(1) The adjudicative power is vested in independent courts.
(2) Judges are citizens appointed by either one of the Emperors. They may be stripped of their powers at any time by the Emperors
Article 24 Imperial Court
(1) The Imperial Court decides issues involving this Constitution. In particular, the Imperial Court has jurisdiction over:
a) disputes between state entities concerning their respective rights and duties under this Constitution;
b) challenges of a national or regional entity, a Court in the course of its determination, or a third of the Noblemen against the constitutionality of a law;
c) claims of individuals regarding violations of their constitutional rights;
d) popular complaints about the violation of fundamental rights;
e) challenges of an act of a state power by the Ombudsman;
f) cases on appeal from National Courts as the Imperial Court deems necessary to review;
g) all other cases assigned to its jurisdiction by law.
(2) Decisions of the
(3) The office of the Imperial Court Justice is held by the Minister of War and Defence.
Article 25 National Courts
(1) National courts have supreme jurisdiction over review and other matters assigned to it by law.
(2) Separate national courts shall be established for private law, penal law, and general public law.
(3) The imperial court decides by extraordinary review in cases of inconsistent application of the law by different national courts.
Part I General Provisions
Article 26 Human Rights
(1) The State acknowledges liberty and equality of all humans.
(2) Human dignity must be respected in any case.
(3) Everyone is free to do or not to do whatever he or she chooses. Everyone is responsible for acts freely chosen.
(4) Slavery is abolished.
Article 27 Applicability
(1) Fundamental rights apply to natural persons, domestic and foreign, who are assigned these rights. They apply to legal persons, domestic and foreign, where, and to the extent that, the nature of the rights permits.
(2) Fundamental rights are inviolable and inalienable. They include the freedom not to make use of them (negative
freedom). Their exercise may, in single instances, be waved by free and responsible declaration of the rightholder, but such declaration is never binding for future instances.
Part II Liberties and Property
Article 28 Personal Integrity
(1) Everyone has the right to life and bodily integrity.
(2) Everyone has the right to remain free (personal freedom).
(3) All citizens are free to reside anywhere in, move throughout, enter, and leave the Empire at any time..
Article 29 Property Integrity and Related Rights
(1) Everyone has the right to acquire, own, possess, exclusively use, and convey private property.
(2) Property may not be taken without due compensation.
Article 30 Right to Testify and Inherit
Everyone has the right to testify and inherit.
Article 31 Freedom of Religion and Belief
(1) Everyone has the right to choose and practice his or her religion, creed, conscience, faith, confession, and belief.
(2) Everyone can refuse to give religious instructions.
Section III Freedom of Communication
Article 32 Freedom of Expression and Information
(1) Everyone has the right to freely express and disseminate his or her opinions.
(2) The Freedom of the press and other media is guaranteed.
(3) Everyone has the right to freely retrieve information from publicly available sources.
(4) Censorship is abolished.
Article 33 Right to Assemble and Associate
(1) Everyone has the right to peacefully assemble.
(2) Everyone has the right to associate with others. This includes association in political parties.
(3) Every adult has the right to marry one partner.
Article 34 Right to Privacy
(1) Everyone has the right to privacy.
(2) The home is inviolable.
(3) The privacy of letters as well as the secrecy of mail and telecommunication are inviolable.
Section IV Freedom of Profession and Activities
Article 35 Freedom of Profession
(1) All citizens have the right to freely choose their occupation, their place of work, and their place of study or training.
(2) There is no duty to work. Forced labour is prohibited.
Article 36 Freedom of Research, Science, and Teaching
(1) Everyone has the right to research and conduct science.
(2) Everyone has the right to perform arts.
(3) Everyone has the right to teach and to found private schools.
Everyone has the right to address written petitions to the Emperors.
Article 38 Freedom of Citizenship
Citizens can at any time give up their citizenship.
Article 39 Right to Self-Determination and Resistance
Everyone has the right to collective self-determination including the right to decide about membership in regional or local entities. The Empire guarantees these rights through adequate powers of decentralized regional and local governments.
Section VI Other Liberties
Article 40 Freedom of Procreation and Childrearing
(1) Everyone has the right to procreation.
(2) Parents have the right to bringing up and educating their children. They have the right to decide about their children's participation in religious instructions.
Part III Equality
Article 41 Equality
(1) All humans are equal before the law (general equality).
(2) Matrimonial equality and legitimacy equality are guaranteed.
(3) All citizens are equally eligible for ministerial positions according to their professional aptitude.
Article 42 Prohibition of Discrimination and Privileges
(1) No person may be discriminated against or privileged on the basis of sex, gender, origin, race, language, origin, parentage, creed, faith.
(2) Measures for the advancement of persons are admissible to remedy past discrimination (affirmative action).
Part IV Right to Protection
Article 43 Special Protection
(1) Protection of human dignity is a duty of the Empire.
(2) The institution of marriage has the special protection of the Empire.
(3) Families, mothers, and minors have the special protection of the Empire.
(4) Everyone persecuted on political grounds has the right to asylum.
Part V Welfare Rights
Article 44 Special Support
(1) Everyone has the right to livelihood, health care, shelter, and education.
(2) Mothers have the special support of the Empire.
Article 45 Access to courts
(1) Everyone has free recourse to the courts.
(2) Persons and groups have recourse to the court acting for other rightholders not being in a position to seek relief in their own name (third party standing).
Article 46 Fair Trial
(1) Everyone has the right to a fair trial. Evidence obtained illegally is inadmissible. Everyone has the right of access to all state information required for the exercise or protection of any of his or her rights (file access).
(2) Everyone has the right to trial by jury.
(3) No one may be deprived of life, liberty, or property without due process of law.
(4) No law shall be passed stipulating regulations of the past without due compensation for all losses (ex post facto law).
Article 47 Criminal Justice
(1) No act may be punished unless it constituted a criminal offence under the law before having been committed (nulla poena sine lege).
(2) Only judges may indict or subpoena persons or issue warrants for arrest, search, or seizure.
(3) Everyone accused or arrested enjoys the right
(a) to a speedy and public trial,
(b) to be presumed innocent until proven guilty,
(c) not to be a witness against himself,
(d) promptly to be informed about the reason of accusation or detention and about the right to be silent (Miranda rights),
(e) to counsel for defence,
(f) to communicate with next-of-kin, partner, and legal, medical, and religious counsellor,
(g) to be released no later than 24 hours after the arrest if not further detained after court hearing, and
(h) to redress in case of false imprisonment.
Under order from the Emperors, citizens may be extradited to a foreign country.
Chapter V Individual Restrictions
Part I General Provisions
Article 49 Admissible Restrictions
(1) The Empire can apply restrictions on individual rights only for the purpose of protecting individual rights of other persons or furthering other state interests explicitly mentioned in this Constitution (constitutional interest).
(2) Any restriction on individual rights must be competent and narrowly tailored to further the constitutional interest. Such restriction must be an adequate means to achieve the purpose of furthering the constitutional interest. In no case may the essence of a fundamental right be infringed.
(3) Any restriction need not apply generally and may be tailored solely to an individual case.
Article 50 Special Restrictions
(1) Possession and use of drugs resulting in strong and imminent danger for the general public is prohibited.
(2) Possession and use of firearms and other weapons without a permit is prohibited.
Part II Duties
Article 51 General Duties
(1) Parents have the duty to rear and educate their minor children.
(2) Adults have the duty to support and assist their parents if they are in need.
(3) Parents and children have the duty to ensure that minors attend public schools or equivalent institutions (compulsory schooling). Vocational schools and certified private schools are equivalent to public schools.
Article 52 Civil Service
(1) Every citizen of age serves fifteen years (six active, nine in reserve) in the Imperial Armed Forces, in the unarmed civil services, or in equivalent non-profit services.
(2) Whoever is unable to serve is liable to compensate the community.
Part III Burdens
Article 53 Taxation
(1) The Empire levies taxes from the citizens.
(2) The Empire levies taxes throughout the Provinces.
Article 54 Mandatory Insurance
The State establishes the requirements for mandatory insurance.
Part IV State Monopolies
Article 55 Monopolies on objects
No one but the Empire may own heavy weapons or ultra-hazardous material.
Article 56 Monopolies on activities
(1) No one but the Empire may coin or print money.
(2) The State retains the monopoly on mail and telecommunication networks.
Part V Forfeiture of Fundamental Rights
Article 57 Forfeiture of Rights
(1) Persons who abuse fundamental rights in order to combat the basic order of the Empire forfeit these rights.
(2) Such forfeiture and the extent thereof is determined by the
The above listed constitutional elements form the basis of the Empire of Jaconia.
Emperor Nathan I
Emperor Jack I
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