Kingdom of Vikesland

The Constitution

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The Constitution
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This is our supreme law and foundation of our nation.

Preamble Foundation of the State
I, King Christopher I, pursuing the goals spelled out in this Constitution, establish the Kingdom of Vikesland. I, King Christopher I do Present this Constitution, enshrining the fundamental laws of our glorious nation.

 

Chapter I State Definition

Article 1 Vikeslandic People (Citizenship, Language)

(1) Citizens of the Kingdom of Vikesland are all humans who are children of a citizen of said Kingdom, who are born in the Territories of the Kingdom of Vikesland, or who are naturalized.
(2) The official language in the Kingdom of Vikesland is English.

Article 2 State Form

(1) This Kingdom of Vikesland is a secular, sovereign, and democratic Monarchy. All entities of the Kingdom of Vikesland must yield to these principles.
(2) This Constitution is the supreme law of the land; it is directly binding on all Vikeslandic authority. Some of the rules of public international law constitute an integral, inviolable part of Vikeslandic law.

Article 3 State Symbols, Capital

(1) The Kingdom of Vikesland has the Royal Colors of Red,White, Black and Blue, the national flag is a nordic cross variant. A blue cross outlined in white placed on its side on top of a red background. In the upper left hand corner of the flag is a double headed eagle holding 2 swords and has a maple leaf breast plate.
(2) The Kingdom of Vikeslands Motto is "Freedom, Equality, and Strength.
(3) The capital of the Kingdom of Vikesland is Vikesland Capitol.

Chapter II State Objectives

Article 4 General Constitutional Objectives

(1) The Kingdom of Vikesland promotes justice and universal protection of human rights as individual rights. The Kingdom of Vikesland encourages fraternity among its citizens by establishing solidarity, general welfare, and national unity.
(2) The Kingdom of Vikesland  acknowledges the right of the People to national autonomy and self-determination, and the right of minorities to group autonomy.


Article 5 Vikeslandic Security

(1) The Kingdom of Vikesland promotes worldwide peace. Acts undertaken to prepare war or to otherwise disturb the peaceful relations between nations are unconstitutional.
(2) The Kingdom of Vikesland takes adequate measures to preserve its integrity even in the state of war or civil war.
(3) The Kingdom of Vikesland protects the People against terrorism, extremism, and catastrophes.

Chapter III Vikeslandic Organization

Part I General Organization

Article 6 Appointment of Nobility and Office

(1) absent of special provisions, The King of Vikesland will appoint the Titles of Nobility. Ministerial and Embassador offices are elected or awarded by the King. Other offices of note will be awarded through free election.
(2) Elections are always free and equal.
(3) Elections are always secret if a person eligible to vote or be elected so demands.
(4) Elected representatives are only bound by their conscience. They are servants of all, not only of their constituents.

(5) The Royal council may strip titles of office by council vote if the title and office is abused by the elected official.

Article 7 Organizational Principles

(1) Elected offices are incompatible with active duty in the armed forces (military incompatibility).
(2) The Kingdom of Vikesland acknowledges national, Baronial autonomy.
(3) Autonomy is bound to the principle of democratic organization.

Article 8 Decentralization, Mutual Assistance

(1) Royal powers belong to the Dukedoms/Baronies if not assigned to the Royal entities by this Constitution.
(2) The Dukedoms/Baronies are bound to convey powers to the Communes if adequate use of those powers is possible on the local level (self-government).
(3) All powers of the Kingdom of Vikesland have to render each other legal and administrative assistance.

Article 9 Regional Council

(1) The Dukedoms/Baronies may form regional councils for the purpose of creating and administering the will and by-laws of the Dukedom/Barony. Dukedoms/Baronies and their councils may only pass by-laws that do not conflict with laws of this constitution or the laws of the Kingdom.

 

Article 10 National Powers

(1) Royal powers belong to the Ministerial entities for the following subject matters:
a) Kingdom of Vikesland defense,
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.
(2) The Kingdom of Vikesland may give up sovereign powers to international or supranational bodies, including systems of mutual collective security and trade organizations, as long as it retains an adequate representation in those bodies and those bodies guarantee sufficient legal protection for the Citizens.

Part II Representation of the State

Article 11 Head of State

(1) The King is the Head of State. He has the right of pardon, to conduct foreign affairs, and to all other representative functions of the Kingdom. The King is the Head of State of the Kingdom of Vikesland. He shall inherit the Throne by hereditary right of primogeniture, which shall be defined by law, descending from the person of His Sovereign Majesty, Our King and Founder, Christopher I, otherwise known as Christopher Barry Joseph Beyette, who hath embarked on his first Reign.The King shall have the Right -to amend and propose laws upon a majority consent of Royal Council,
-to propose and dissolve amendments to this Constitution upon a two thirds consent of Royal Council.
-to grant titles of nobility, pardons and other honors,
-to appoint ambassadors and ministers.
-to proclaim national holidays or days of mourning,
-to propose and proclaim things of cultural interest, or to found charitable institutions,
-to command the Security Force, defend the faiths of all citizens, and initiate and terminate international and inter-micro national relations,
-to summon Royal Council, and to sit in at her sessions.
-to veto laws, which shall then require a two thirds vote of the Royal council to succeed
-and to appoint if necessary a successor other than the Rightful heir by virtue of descent, with the consent of the Royal Council.

(2) Ministers may be elected by the Royal council or by appointment by the Prince.
(3) Every resident/non-resident citizen with the right to vote who has attained the age of 18 is eligible for the office of Minister or Embassador.
(4) Before taking office, Ministers/Embassadors take the following Oath or Affirmation: "I do solemnly swear (or affirm) that I will faithfully execute this office, honoring and protecting the Constitution of the Kingdom of Vikesland."
(5) The King, Ministers or Embassadors shall not be held accountable for actions performed in the exercise of his office except in the case of high treason or willful law breaking, may be indicted only by the Royal council, and shall be tried only by the Supreme Court.

Part III Executive Power

Article 12 National Government

(1) The executive power of the Kingdom of Vikesland is vested in the Royal Council. It includes diplomatic affairs.
(2) The King is the head of the Royal council. The Royal council freely elect ministers if it so chooses.
(3) The King is Commander in Chief of the Armed Forces.

Article 13 Impeachment
An impeachment of the Minister/Embassador by the Royal council takes the form of a new election.

Article 14 Regional Equalization of Finances
The King of Vikesland provides for an overall equalization of finances, giving due consideration to the Dukedoms/Baronies respective debts, burdens, economic power, and infrastructural responsibilities.

Part IV Legislative Power

Article 15 Royal Council

(1) The legislative power is vested in the Royal Council.

(2) The Royal council consists of the King, Queen, Appointed Nobility, Ministers and Embassadors. Members of the Royal council are resident/non-resident nobles appointed to or elected by the Royal Council and/or appointed or elected officials.


(3) Everyone eligible to vote has recourse to the King for scrutiny of the elections.
(4) The Royal Council draws up its own rules of procedures.
(5) Decisions of the Royal Council require a majority of the votes cast (simple majority) unless this Constitution provides otherwise.

Article 16 Rights of Members of the Royal Council

(1) Members of The Royal Council are only bound by their conscience.
(2) Members of The Royal Council may not be subjected to court proceedings or disciplinary action for a vote cast or a statement made by them in Council or in any of its committees (Indemnity).
(3) Members of the Royal Council may not be called to account or be arrested except by permission of the King (Immunity).
 

Article 17 Lawmaking Process

(1) Bills can be introduced only by the Members of the Royal Council or by one percent of the citizens (Public Initiative). Bills will specify the additional requirement of a public referendum after they have been voted upon by the Royal council
(2) The Royal Council has to be informed immediately of any bill introduced. Members of the Royal Council have the right to be heard during sessions according to the same rules as govern the participation of  the Royal Council.
(3) Laws altering this Constitution require at least the votes of a majority of the Royal council (absolute majority). All laws are void if they are unconstitutional.
(4) Laws have to specify their effective date.
(5) Bills will be submitted to a referendum if provided by Royal Council decision or as part of the initiative.

Article 18 Budget

(1) The bill for the yearly budget law is introduced by the King.
(2) Budget laws are not subjected to referendums.

Article 19 Treaties

(1) The King signs treaties and other significant documents with other states.
 

Article 20 Royal Ordinances

(1) Laws may empower Nobility to adopt Royal Ordinances regarding a specified subject matter.
(2) Royal Ordinances do not require ratification by the Royal Council.

Article 21 State of Emergency

(1) In cases of grave and immediate threat to the existence of the Kingdom of Vikesland , the King may take necessary measures of defense.
(2) All emergency measures must be confirmed or revoked by the Royal council at the earliest time possible.

Article 22 Ombudsman
The King safeguards fundamental rights and liberties and controls the compliance of all state powers with the provisions of this Constitution.

Part V Adjudicative Power

Article 23 Independent Courts

(1) The adjudicative power is vested in independent courts.
(2) Judges are citizens elected by the Royal Council. They are independent. Their office ends at time of retirement or when they lose their electoral rights.

Article 24 Supreme Court

(1) The Supreme Court decides issues involving this Constitution. In particular, the Supreme Court has jurisdiction over:
a) disputes between Royal entities concerning their respective rights and duties under this Constitution;
b) challenges of a Royal or Dukedom/Baronial entity, a Court in the course of its determination, or a third of the Royal Council 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 Royal power by the Ombudsman;
f) cases on appeal from National Courts as the Supreme Court deems necessary to review;
g) all other cases assigned to its jurisdiction by law.
(2) Decisions of the supreme court are directly binding for all entities of the Principality.
(3) The office of Supreme Court Justices does not exceed a period of 15 years.

Article 25 National Courts

(1) Royal courts have supreme jurisdiction over review and other matters assigned to it by law.

Chapter IV Fundamental Rights

Part I General Provisions

Article 26 Human Rights

(1) The Kingdom of Vikesland acknowledges liberty and equality of all humans.
(2) Human dignity must be respected in any case.
(3) Citizens, Noble and common, are 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 right holder, but such declaration is never binding for future instances.

Part II Liberties and Property

Section I Integrity

Article 28 Personal Integrity

(1) Citizens have the right to life and bodily integrity.
(2) Citizens have the right to remain free (personal freedom).
(3) All citizens are free to reside anywhere in the world according to local applicable laws.
(4) Capital and corporal punishment are abolished.
(5) Torture is prohibited.

Article 29 Property Integrity and Related Rights

(1) Citizens have 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
Citizens have the right to testify and inherit.

Section II Religious Freedom

Article 31 Freedom of Religion and Belief

(1) Citizens have the right to choose and practice his or her religion, creed, conscience, faith, confession, and belief.
(2) Citizens can refuse to give religious instructions.
(3) Citizens can, on the basis of conscience, refuse to serve in armed forces.

Section III Freedom of Communication

Article 32 Freedom of Expression and Information

(1) Citizens have the right to freely express and disseminate his or her opinions.
(2) The Freedom of the press and other media is guaranteed.
(3) Citizens have the right to freely retrieve information from publicly available sources.
(4) Censorship is abolished.

Article 33 Right to Assemble and Associate

(1) Citizens have the right to peacefully assemble.
(2) Citizens have the right to associate with others.
(3) Every citizen adult has the right to marry one partner.

Article 34 Right to Privacy

(1) Citizens have 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 labor is prohibited.

Article 36 Freedom of Research, Science, and Teaching

(1) Citizens have the right to research and conduct science.
(2) Citizens have the right to perform arts.
(3) Citizens have the right to teach and to found private schools.

Section V Political Rights

Article 37 Electoral Rights

(1) All resident adults have the equal right to vote and to be elected. In national elections, only citizens have this right.
(2) There is no compulsory voting.
(3) Anyone who has attained the age of eighteen years is an adult.

 Article 38 (1)All citizens have the right to propose initiatives. (2) The sponsor or co-sponsors, having achieved concurrence of 1% of the citizenry by petition, may present the initiative to a member of the Royal Council who shall submit the public initiative to the Royal Council.(3)All public initiatives meeting the before mentioned criteria must be heard by the Royal Council and opened for debate in the Council. (4) A vote of assent By the Royal Council must be present before the initiative becomes law.

Article 39 Freedom of Citizenship

(1) Citizens can at any time give up their citizenship.
(2) Citizens may at no time be forced to give up their citizenship.

Article 40 Right to Self-Determination and Resistance

(1) Citizens has the right to collective self-determination.
(2) All citizens have the right to civil disobedience and resistance against attempts to abolish this constitutional order, should no other remedy be available.

Article 41 Right to Found Political Parties

(1) Citizens have the right to found political parties respecting the principles of secularity, sovereignty, and democracy.
(2) Citizens are free to carry on political activities in or with such parties.

Section VI Other Liberties

Article 42 Freedom of Procreation and Childrearing

(1) Citizens have 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 43 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 public office according to their professional aptitude.

Article 44 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, or nobility.
(2) Measures for the advancement of persons are admissible to remedy past discrimination (affirmative action).

Article 45 Law of Nobility
No title of nobility is granted by the Royal Council. Titles of nobility are always granted by the King. Each Baron/Baroness, Duke/Duchess, Lord/Lady and Knight/Dame shall have the right to bestow lesser non-peer, nobility: Sheriff, Steward, Forester, Constable, Judge, Mayor.

 

Part IV Right to Protection

Article 46 Special Protection

(1) Protection of human dignity is a duty of the Kingdom of Vikesland.
(2) The institution of marriage has the special protection of the Kingdom of Vikesland.
(3) Families, mothers, and minors have the special protection of the Kingdom of Vikesland.
(4) Everyone persecuted on political grounds has the right to asylum when a majority vote is cast in favor of.

Part V Welfare Rights

Article 47 Special Support

(1) Citizens have the right to livelihood, health care, shelter, and education.
 

Part VI Procedural Rights

Article 48 Access to courts

(1) Citizens have free recourse to the courts.
(2) Citizens have the right to a constitutional judge. Extraordinary courts are not allowed.
(3) Persons and groups have recourse to the court acting for other right holders not being in a position to seek relief in their own name (third party standing).

Article 49 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 50 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). No one may be punished for the same act more than once (double jeopardy).
(2) Only judges and the King 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 defense,
(f) to communicate with next-of-kin, partner, and legal, medical, and religious counselor,
(g) to be released no later than 24 hours after the arrest if not further detended after court hearing, and
(h) to redress in case of false imprisonment.

Article 51 Extradition
No citizen may be extradited to a foreign country unless voted upon by the Royal council.

Chapter V Individual Restrictions

Part I General Provisions

Article 52 Admissible Restrictions

(1) The Kingdom of Vikesland 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 must apply generally and not solely to an individual case.

Article 53 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 54 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 55 Civil Service

(1) Every citizen of age serves one year in the 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 56 Taxation

(1) The Kingdom of Vikesland does not levy taxes from its citizens.
 

Part IV State Monopolies

Article 58 Monopolies on objects
No one but the Kingdom of Vikesland may own heavy weapons or ultra-hazardous material.

Article 59 Monopolies on activities

(1) No one but the Kingdom of Vikesland may coin or print money.
(2) The Kingdom of Vikesland  retains the monopoly on mail and telecommunication networks.

Part V Forfeiture of Fundamental Rights

Article 60 Forfeiture of Rights

(1) Persons and political parties who abuse fundamental rights in order to combat the free democratic basic order forfeit these rights.
(2) Such forfeiture and the extent thereof is determined by the Royal council.

Article 61 Deprivation of Electoral Rights
By final vote of the Royal council, the right to vote and to be elected can, partially or at large, temporarily or unlimited, be suspended if an adult
a) has not the requisite mental capacity for any legal responsibility or
b) has irrevocably been sentenced to at least one year of imprisonment.

Part VI Territorial Gain

Article 62 Gain of Physical Territory for the Kingdom of Vikesland

The Kingdom of Vikesland will only try to Gain physical territory by peaceful means, Diplomacy and claim. However in the face of a disputed claim of territory between the Kingdom of Vikesland and other nations and micro-nations the Kingdom will:

a)       Claim the territory by physical occupation of a peaceful nature if the others do not have physical occupation or recognized legal claim in international law.

b)       Relent the claim of territory if the other nation has established a permanent physical presence within that defined territory before the Kingdom has or presents legal proof of claim.

 

Amendments

Amendment 1:  The title of Vikesland shall no longer be The Principality of Vikesland, and shall be replaced by the title " The Kingdom of Vikesland".  The Title of Prince of the Principality of Vikesland shall be replaced with the title "The king of Vikesland."  The King shall continue to be referred to the title, "HSM or His Royal Majesty."  All noble titles will be changed to reflect the status of Vikesland.  The constitution will be changed linguistic to reflect the new title of Vikesland. All government structures shall remain the same.

By permission of HRM Christopher I

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