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Royal Rescript on the 1952 Constitution
I rejoice that the foundation for the construction of a new Aikoa has been laid according to the will of the Aikoan people, and hereby sanction and promulgate the amendments of the Royal Aikoan Constitution of 1876 effected following the consultation with the Governor-General of the Skandan Union and the decision of the Royal Diet.
Signed: HEJNRIK, Seal of the Grand King of Andrenne, Emperor of Selinesia
Countersigned:
Governor-General of the Skandan Union
Ernst Olandernto.
Prime Minister and concurrently Minister of State for Finance
Yaru Kado Shidehara.
Minister of State for Defense and Foreign Affairs
Viscount Machida Chuji.
Minister of State for Justice
Artijom Herlusson.
Minister of State for Home Affairs
Yahya Sumulong.
Minister of State for Health
Rejer Lim.
Minister of State for Land Reform
Kyushichi Tazawa.
Minister of Labor and Welfare
Azizawa Haruto.
Minister of Communications and Transportation
Sen Sulaiman Kiram.
Minister of Commerce and Industry
Gerhard Ongpin.
Minister of Education
Ram Radhakishun.
The Constitution of Seinoku
We, the people of Aikoa, acting through our duly elected representatives in the Royal Diet, possessing a glorious tradition and history from time immemorial, follow the great spirit of independence as manifested in the establishment of the Kamaheo dynasty in 1642, determined we shall secure for our security, liberty, and happiness the fruits of national unity through justice, humanity and fraternity, of democratic institutions eliminating evil social customs of all kinds, of the guarantee of equal opportunities to every person and to provide for the fullest development of the capacity of each individual in all fields of political, economic, social and cultural life, of the obligation that each person discharge their duties and responsibilities, of the promotion of the welfare of the people at home and of the maintenance of international peace, do proclaim that sovereign power resides with the people and do firmly establish this Constitution.
Chapter I. The Grand King
Article 1. The executive power shall be vested in the Grand King.
(2) The Grand King is the head of the state, deriving his position from the will of the people with whom resides sovereign power.
(3) The Grand King shall not be subject to the jurisdiction of the courts and does not have legal responsibility.
Article 2. The Grand King of Aikoa shall be shall dynastic and succeeded in accordance with the Royal House Law passed by the Royal Diet.
Article 3. The national flag is the Nisshoki and the national anthem is the Prayer for the Grand King.
Article 4. The Grand King gives sanction to laws and orders them to be promulgated.
Article 5. The Grand King convokes the Royal Diet, and orders the opening, closing and prorogation thereof.
(2) The Grand King orders the dissolution of the House of Representatives. But he may not order it dissolved again for the one and same reason.
Article 6. The Grand King, in consequence of an urgent necessity to maintain public safety or to avert public calamities, issues, when the Royal Diet is not sitting, Royal Ordinances in the place of law.
(2) Such Royal Ordinances are to be laid before the Royal Diet at its next session, and when the Diet does not approve the said Ordinances, these Ordinances shall be immediately invalid.
Article 7. Before the Grand King ascends the throne, he shall take the following affirmation at a joint session of the two Houses of the Royal Diet: "I solemnly and sincerely swear before the people that I will abide by the Constitution, perform my duties sincerely, promote the welfare of the people and protect the security of the nation, and never betray the people's trust."
Article 8. The Grand King, in the case of an urgent necessity to maintain public safety or to avert public calamities, issues, when the Royal Diet is not sitting, Royal Ordinances in the place of law by consulting the Supreme Court.
(2) Provided, however, that the Grand King shall exercise such power only if there is no time to convene the Royal Diet.
(3) Such Royal Ordinances shall be laid before the Royal Diet at its next session; and when the Diet does not approve them, these Ordinances shall be immediately invalid.
Article 9. The Grand King appoints and dismisses officials in accordance with the Constitution and the law.
Article 10. The Grand King issues or causes to be issued the Ordinances necessary for executing the laws, or for accomplishing administrative aims. But no Ordinance shall in any way alter any of the existing laws.
Article 11. The Grand King has the supreme command of the armed forces in accordance with the Constitution and the law. The organization and peace standing of the armed forces shall be determined by law.
Article 12. The Grand King concludes treaties. But the conclusion of such treaties as relate to the matters which under this Constitution are to be determined by law, or which impose serious obligations upon the State, he or she shall obtain the approval of the Senate.
(2) In the cases mentioned in the preceding Paragraph, where there exists an urgent necessity allowing no time for convocation of the Royal Diet, consultation with the Supreme Court shall suffice. In such a case, the treaty shall be submitted for approval to the Senate at its next session.
(3) A treaty takes the effect of law upon its promulgation.
Article 13. The Grand King, by the resolution of the Great Council of State, proclaims the state of emergency.
(2) However, the Grand King may refuse to proclaim a state of emergency, despite of the resolution of the State Council, if he deems it improper.
(3) When a state of emergency has been proclaimed, special measures may be taken in regard to the rights of people and the powers of administrative authorities or courts, in accordance with the law.
Article 14. The Grand King confers titles of rank, orders and other marks of honor in accordance with the law.
Article 15. The Grand King orders amnesty, pardon, commutation of punishments and rehabilitation in accordance with the law.
Article 15. If the Grand King is below the legal age of majority or in case of the absence of the Grand King or inability to exercise his or her power, the Chief Judge of the Supreme Court, the President of the Senate, the Lawspeaker of the House of Representatives, the State Chancellor, the Royal Consort, and the Crown Prince or Princess shall successively become Regent.
(2) The Regent shall exercise the powers appertaining to the Grand King in his or her name.
Chapter II. Rights and Duties of the People
Article 16. The conditions necessary for Aikoan citizenship shall be determined by law.
Article 17. Aikoan citizens shall be equal before the law.
Article 18. The people of Aikoa shall renounce all aggressive wars. All citizens shall perform the sacred duty of protecting the country in accordance with the law.
(2) Aikoan citizens shall have the right to keep and bear arms.
Article 19. Duly ratified and published treaties and the generally recognized rules of international law shall have the same effect as that of the law of Aikoa.
(2) The necessary rights of aliens residing in the State of Aikoa shall be guaranteed by law.
Article 20. Aikoan citizens are amenable to the duty of paying taxes, according to the provisions of law.
Article 21. Aikoan citizens shall enjoy personal liberty. No citizen shall be arrested, detained, searched, tried, punished, or subjected to compulsory labor except as provided by law.
(2) In any case of arrest, detention, or search, a warrant therefor shall be necessary; except that in any case of flagrante delicto or in any case where there is danger that the criminal may escape or that the evidence of the crime may be destroyed, the detecting authorities may request an ex post facto warrant with provisions prescribed by law.
(3) To all citizens who may be arrested or detained, the right to have the prompt assistance of counsel and the right to request the court for a review of the legality of the arrest or detention, shall be guaranteed.
Article 22. The death penalty shall be abolished.
(2) Torture and cruel acts by public officials are absolutely prohibited.
(3) No Aikoan citizen shall be arrested, detained, tried or punished, unless according to law.
Article 23. No Aikoan citizen shall be denied the right of access to the courts.
Article 24. When an Aikoan citizen is arrested or detained, the authorities concerned shall immediately notify his or her family or any other person designated by him or her.
(2) Furthermore, if he or she requests, the reasons for his or her detention shall be immediately informed to him or her and in open court in his or her presence and that of his or her defense.
Article 25. No Aikoan citizen shall be compelled to testify against himself or herself.
(2) Confession made under compulsion, torture or threat, or after prolonged arrest or detention shall not be admitted in evidence.
(3) No citizen shall be convicted or punished in cases where the only proof against him or her is his or her own confession.
Article 26. No Aikoan citizen shall be prosecuted for a criminal offense unless such act shall have constituted a crime prescribed by law at the time it was committed, nor be placed in double jeopardy.
(2) All defendants in criminal cases shall have the right to be tried in public without delay unless there is proper cause for not doing so.
(3) Any citizen, in case he or she is acquitted after he or her has been arrested or detained, may sue the State for redress as provided by law.
Article 27. Aikoan citizens shall be free from restrictions on domicile or the change thereof and from trespasses on and searches of private premises.
Article 28. The inviolability of homes of every Aikoan citizen and the secrecy of their correspondence shall be protected by law.
Article 29. Aikoan citizens shall enjoy all democratic freedoms of speech, of the press, of assembly, of association, and complete freedom of labor disputes and of demonstrations.
(2) In order to guarantee this right, democratic political parties and mass organizations shall be provided with printing presses, paper, public buildings, means of communication, and other material conditions necessary for the exercise of this right.
(3) If the purposes or activities of a political party are contrary to the basic democratic rules of the Constitution, the Royal Diet shall impeach it with the approval of the Grand King, and the Supreme Court shall decide on the dissolution of such political party.
Article 30. Aikoan citizens shall enjoy the freedom of scientific research and artistic creativity.
(2) In order to guarantee the freedom of belief and conscience, the separation of religion and state, and of religion and school shall be ensured, and the freedom of religious worship and propagation, as well as freedom of anti-religious propaganda, shall be guaranteed.
Article 31. Prisoners shall be treated humanely.
(2) Prisoners' wages and working hours shall be determined based on the working conditions approved by the Aikoan Confederation of Trade Unions.
(3) Female prisoners shall be guaranteed nutrition based on their physiological characteristics, and sanitary treatment during pregnancy and childbirth.
Article 32. The right of property of every Aikoan citizen shall be guaranteed. Its contents and restrictions shall be defined by law.
(2) The exercise of property rights shall be restricted by law where necessary for the public welfare.
(3) The expropriation, use, or imposition of restrictions on private property for public purposes shall be accompanied by payment of just compensation in accordance with the law.
Article 33. The right of Aikoan workers to organize and the right to collective bargaining, collective agreements, and other collective actions shall be guaranteed. Employees shall have the right to participate in the management of enterprises.
(2) Workers employed in profit-earning private enterprises shall be entitled to share in the profits of such enterprises in accordance with the law.
Article 34. Aikoan citizens who are incapable of earning their living due to old age, infirmity, or such other reasons as may cause incapability to work, shall be protected by the State in accordance with the law.
(2) Citizens who are homeless have the right to be guaranteed housing by the state. This right shall be guaranteed by the state's mass construction of new housing, the opening of unused large buildings and mansions, and the protection of tenants.
Article 35. Aikoan citizens shall have the right to submit petitions or requests, oral or in writing, to all public offices concerning the interests of individuals or groups. No one shall be discriminated against for making such petitions or requests.
(2) The Great Council of State shall be obliged to examine such petitions.
Article 36. Aikoan citizens who have attained the age of twenty shall have the right to elect public officials in conformity with the law.
Article 37. Aikoan citizens, regardless of sex, shall have the right to be elected to public office.
Article 38. Public officials shall be the trustees of the sovereign People of Aikoa and shall at all times be responsible to them. Aikoan citizens shall have the right to petition for the removal of public officials who have acted unlawfully.
(2) Aikoan citizens who have suffered damages by unlawful acts of public officials done in the exercise of their official duties shall have the right to request compensation from the Great Council of State or the public corporate bodies concerned; however, the civil or criminal liability of the public officials concerned shall not be exempted thereby.
Article 39. The rights and duties of every Aikoan citizen not enumerated in this Constitution shall not be ignored.
(2) Laws imposing restrictions upon the liberties and rights of the citizens shall be enacted only in a state of emergency. However, such restrictions shall not infringe upon the substance of those liberties and rights, and no law shall be made for license or censorship of speech and the press, nor in respect of the right of assembly and association.
Chapter III. The Royal Diet
Article 40. The legislative power shall be vested in the Royal Diet.
(2) The Diet shall consist of two Houses, a Senate and a House of Representatives.
(3) Every law requires the consent of the Diet.
Article 41. No one can at one and the same time be a Member of both Houses.
(2) No member of the Royal Diet shall concurrently hold any other elected public office.
Article 42. The Senate shall, in accordance with the provisions of the Senate Law, be composed of the members of the Royal Family, of the orders of nobility, and appointed by the Grand King.
Article 43. The House of Representatives shall be composed of Members elected by the people, according to the provisions of the Law of Election.
Article 44. Both Houses shall vote upon projects of law submitted to it by the Great Council of State, and may respectively initiate projects of law.
(2) Finance bills shall be first presented to the House of Representatives.
Article 45. A Bill, which has been rejected by either the one or the other of the two Houses, shall not be again brought in during the same session.
(2) If no decision is made by the Senate on a matter required to be decided by the Royal Diet within sixty (60) days after it has been sent, the matter shall be considered to be rejected by the Senate. The period shall be twenty (20) days for finance bills.
(3) A finance bill which, after having been passed three times in succession of the House of Representatives by majority of more than two-thirds, is sent to the Senate shall be considered as approved by the Diet regardless of whether or not it is adopted by the Senate.
Article 46. Once a bill passes both houses, it is taken to the Grand King who shall sanction it by affixing his signature and seal to the bill or law; otherwise, he shall veto it and return it with his objections to the Royal Diet.
(2) The vetoed bill may be reconsidered by the Diet and, if approved by a two-thirds majority in both houses, it shall become a law.
(3) The Grand King shall act on every bill passed by the Diet within thirty (30) days after the date of receipt thereof; otherwise, it shall become a law.
Article 47. The Royal Diet shall be convoked every year.
Article 48. A session of the Royal Diet shall last during a period, not less than three months, as is provided for by the Diet Law. In case of necessity the session may be prolonged by Royal Order.
Article 49. When urgent necessity arises, an extraordinary session may be convoked, in addition to the ordinary session.
(2) The duration of an extraordinary session shall be determined by Royal Order.
(3) The members of both Houses may, with the concurrence of more than one-third of the total members of their respective Houses, may apply for convocation of an extraordinary session.
Article 50. The opening, closing, prolongation of session and prorogation of the Royal Diet, shall be effected simultaneously for both Houses.
(2) In case the House of Representatives has been ordered to dissolve, the Senate shall at the same time be prorogued.
Article 51. When the House of Representatives has been ordered to dissolve, Members shall be caused by Royal Order to be newly elected, and the new House shall be convoked within five months from the day of dissolution. The Royal Diet shall be convoked within three months from the day of dissolution.
Article 52. No debate can be opened and no vote can be taken in either House of the Royal Diet, unless not less than one third of the whole number of the Members thereof is present.
Article 53. Votes shall be taken in both Houses by absolute majority. In the case of a tie vote, the President shall have the casting vote.
Article 54. The deliberations of both Houses shall be held in public. The deliberations may, however, by decision of the respective Houses, be held in secret sitting.
Article 55. Both Houses of the Royal Diet may respectively present addresses to the Grand King.
Article 56. Both Houses may receive petitions presented by Aikoan citizens.
Article 57. Both Houses may enact, besides what is provided for in the present Constitution and in the Law of the Houses, rules necessary for the management of their internal affairs.
Article 58. No Member of either House shall be held responsible outside the respective Houses, for any opinion uttered or for any vote given in the House. When, however, a Member himself has given publicity to his opinions by public speech, by documents in print or in writing, or by any other similar means, he shall, in the matter, be amenable to the general law.
Article 59. Members of both Houses shall, during the session, be free from arrest, unless with the consent of the House, except in cases of flagrant delicts, or of offenses connected with internal commotion or foreign trouble. Any member who has been arrested prior to the session shall upon demand of the House be released for the duration of the session.
Chapter IV. The Ministers of State and the Great Council of State
Article 60. The Great Council of State shall consist of the Grand King, who shall be its head; the State Chancellor, who shall be its president pro tempore, in the absence of the Grand King; and other Ministers of State as provided for by law.
(2) The Council, in the exercise of executive power, shall be collectively responsible for it.
(3) The organization of the Council shall be determined by law.
Article 61. The respective Ministers of State shall render assistance and advice to the Grand King, and be responsible to the Royal Diet with respect to all affairs of the State.
(2) All laws, Royal Ordinances and Royal Rescripts relating to the affairs of the State require the countersignature of a Minister of State. The same provision shall apply to those relating to the Supreme Command of the armed forces.
(3) In case the House of Representatives has passed a vote of non-confidence against a Minister of State, he shall not remain in office except in the case the House has been dissolved.
Article 62. The State Chancellor shall be designated from among the members of the Royal Diet by a resolution of the Diet. This designation shall precede all other business.
(2) If the House of Representatives and the Senate disagree and if a joint committee of both houses, provided for by law, cannot reach an agreement, or the Senate fails to make designation within twenty (20) days, exclusive of the period of recess, after the House of Representatives has made a designation, the decision of the House of Representatives shall be the decision of the Diet.
Article 63. The State Chancellor shall nominate the Ministers of State. However, a majority of their numbers must be chosen from among the members of the Royal Diet.
Article 64. The Grand King shall appoint or reject the State Chancellor-designate and the nominated ministers.
(2) The Grand King may remove a Minister of State as he or she chooses.
Article 65. If the House of Representatives passes a non-confidence resolution, or fails to pass a confidence resolution, the appointed members of the Great Council of State shall resign en masse, unless the House of Representatives is dissolved within ten (10) days.
Article 66. When there is a vacancy in the post of State Chancellor, or upon the convocation of the Royal Diet after a general election, the appointed members of the Great Council of State shall resign en masse.
Article 67. In the cases mentioned in the two preceding articles, the Great Council of State shall continue its functions until the time when a new State Chancellor is appointed.
Article 68. The State Chancellor, representing the Great Council of State, submits government bills, prepares the budget and presents it to the Royal Diet, reports on general national affairs to the Diet, exercises supervision and control over various administrative branches.
Article 69. The Great Council of State, in addition to other general administrative functions, shall enact cabinet orders in order to execute its duties as authorized by the Constitution and the law.
Article 70. The Ministers of State, during their tenure of office, shall not be subject to legal action without the consent of the Grand King, but the right to take that action is not impaired hereby.
Chapter V. The Supreme Court
Article 72. The judicial power shall be vested in a Supreme Court and in such inferior courts as are established by law, in the name of the People of Aikoa.
(2) No extraordinary tribunal shall be established, nor shall the Grand King or any organ or agency of the Great Council of State 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 enacted pursuant thereto.
Article 73. The Supreme Court is vested with the rule-making power under which it determines the rules of procedure and of practice, and of matters relating to attorneys, the internal discipline of the courts, and the administration of judicial affairs.
(2) Public procurators shall be subject to the rule-making power of the Supreme Court.
(3) The Supreme Court may delegate the power to make rules for inferior courts to such courts
Article 74. Removals of judges shall be accomplished by public impeachment only unless judicially declared mentally or physically incompetent. No disciplinary action shall be administered by an executive organ or agency.
Article 75. The Supreme Court shall consist of a Chief Judge and such number of judges as may be determined by law; all such judges excepting the Chief Judge shall be appointed by the Great Council of State.
(2) The appointment of the judges of the Supreme Court shall be reviewed by the people at the first general election of the House of Representatives following their appointment, and shall be reviewed again at the first general election of the House of Representatives after a lapse of ten (10) years, and in the same manner thereafter.
(3) In cases mentioned in the foregoing paragraph, when the majority of the voters show that they favor the dismissal of a judge concerned, he shall be dismissed.
Matters pertaining to the review mentioned in the foregoing paragraphs shall be prescribed by law.
(4) The judges of the Supreme Court shall be retired upon the attainment of the age as fixed by law.
(5) All such judges shall receive, at regular, stated intervals, adequate compensation which shall not be decreased during their terms of office.
Article 76. The judges of the inferior courts shall be appointed by the Great Council of State from a list of persons nominated by the Supreme Court. All such judges shall hold office for a term of ten (10) years with privilege of reappointment, provided that they shall be retired upon the attainment of the age as fixed by law.
(2) The judges of the inferior courts shall receive, at regular, stated intervals, adequate compensation which shall not be decreased during their terms of office.
Article 77. The Supreme Court is the court of last resort with power to determine the constitutionality of any law, order, regulation or official act.
Article 78. Trials shall be conducted and judgment declared publicly. Where, however, 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, and cases wherein the rights of people as reserved in Chapter II of this Constitution are in question, shall be conducted publicly without exception.
Chapter VI. Finance
Article 79. The power to administer national finances shall be exercised as the Royal Diet shall determine.
Article 80. No new taxes shall be imposed or existing ones modified except by law or under such conditions as law may prescribe.
Article 81. No money shall be expended, nor shall the State obligate itself, except as authorized by the Royal Diet.
Article 82. The Great Council of State shall prepare and submit to the Royal Diet for its consideration and decision an annual budget for each fiscal year.
Article 83. In order to provide for unforeseen deficiencies in the budget a reserve fund may be authorized to be expended upon the responsibility of the Great Council of State.
(2) The Great Council of State shall be held accountable to the Royal Diet for all payments from the reserve fund.
Article 84. The expenditures of the Inner Court of the Royal House shall be defrayed every year out of the national finances, according to a fixed amount for the same, and shall not require the consent thereto of the Royal Diet, except in case an increase thereof is found necessary.
(2) The property of the Royal Household Agency shall belong to the State. All expenses of the Royal Household Agency shall be appropriated by the Diet in the budget.
Article 85. Those already fixed expenditures based by the Constitution upon the powers appertaining to the Grand King, and such expenditures as may have arisen by the effect of law, or that appertain to the legal obligations of the Government, shall be neither rejected nor reduced by the Royal Diet, without the concurrence of the Government.
Article 86. No public money or property shall be appropriated for the use, benefit or support of any system of religion, or religious institution or association, or for any charitable, educational or benevolent purposes not under the control of the public authority.
Article 87. A final audit of all expenditures and revenues of the State shall be made annually by a Board of Audit and submitted by the Cabinet to the Royal Diet during the fiscal year immediately following the period covered.
(2) The organization and competency of the Board of Audit shall be determined by law.
Article 88. At regular intervals and at least annually the Cabinet shall report to the Royal Diet and the people on the state of national finances.
Article 89. The final account of the expenditures and revenues of the State shall be verified and confirmed by the Board of Audit, and it shall be submitted by the Great Council of State to the Royal Diet, together with the report of verification of the said Board.
(2) The organization and competency of the Board of Audit shall be determined by law separately.
Chapter VII. Local Government
Article 90. Regulations concerning organization and operations of local public entities shall be fixed by law in accordance with the principle of local autonomy.
Article 91. The local public entities shall establish assemblies as their deliberative organs, in accordance with law.
(2)The chief executive officers of all local public entities, the members of their assemblies, and such other local officials as may be determined by law shall be elected by direct popular vote within their several communities.
Article 92. Local public entities shall have the right to manage their property, affairs and administration and to enact their own regulations within law.
Article 93. A special law, applicable only to one local public entity, cannot be enacted by the Royal Diet without the consent of the majority of the voters of the local public entity concerned, obtained in accordance with law.
Chapter VIII. Amendments
Article 94. Amendments to this Constitution shall be initiated by the Royal Diet, through a concurring vote of two-thirds of all the members of each House and shall thereupon be submitted to the people for ratification, which shall require the affirmative vote of a majority or all votes cast thereon at such election as the Diet shall specify.
(2) Amendments when so ratified shall immediately be proclaimed by the Grand King in the name of the People, as an integral part of this Constitution.
Chapter IX. Supreme Law
Article 95. The fundamental human rights in Chapter II guaranteed to the people of Aikoa result from the age-old struggle of man to be free. They have survived the exacting test for durability in the crucible of time and experience, and are conferred upon this and future generations in sacred trust, to be held for all time inviolate.
Article 96. This Constitution shall be the supreme law of the state and no public law or ordinance and no royal rescript or other act of government, or part thereof, contrary to the provisions hereof, shall have the legal force or validity.
Article 97. The Grand King or the Regent, the Ministers of State, the members of the Royal Diet, judges, and all other public officials have the obligation to respect and uphold this Constitution.
Article 98. No provision of the present Constitution can be modified by the Royal House Law.
Article 99. No modification can be introduced into the Constitution, or into the Royal House Law, during the time of a Regency.
Article 100. Existing legal enactments, such as laws, regulations, Ordinances, or by whatever names they may be called, shall, so far as they do not conflict with the present Constitution, continue in force.
