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Constitution

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The Constitution, edition April 2008

The Constitution (official name: The National Constitution of the Democracy of Lovia) is the highest law in Lovia. The nation has had one for many years, but it has been rewritten and signed in 2007 by King Dimitri I and voted with an absolute majority. Its supremacy "shall be mandatory"[1]. All fundamental statements and political and judiciary procedures are enshrined in this Constitution. Already three amendments have been made to the Constitution, the First Amendment fixing the word choice issues and unclearities, the Second Amendment on the unitarity of the National State. The final and Third Amendment changed the state form after the king resigned his funtcion.

Contents

[edit] Index

  1. Article 1 - Fundamental declarations on the State of Lovia
    • Article 1 A - Lovian National State
    • Article 1 B - Lovia is a state democracy
  2. Article 2Rights of every human being in Lovia
  3. Article 3The Lovian citizenship
  4. Article 4The structure of Lovia
  5. Article 5Legislature and executive power
  6. Article 6Editing the Federal or State Law
  7. Article 7Editing the Constitution
  8. Article 8Elections
  9. Article 9Supreme Court Trials
  10. Article 10State Court Trials
  11. Article 11 - National symbols

[edit] Content

The Constitution has 11 articles, each divided in sections, mostly divided in subsections and subsubsections.

[edit] Article 1

Article 1 A - Lovian National State

  1. Lovia is a sovereign, independent, unitary and indivisible National State.
  2. Lovia is a democratic and social state, governed by the rule of law, in which human dignity, the citizens' rights and freedoms, the free development of human personality, justice and political pluralism represent supreme values, in the spirit of the democratic traditions of the Lovian people and shall be guaranteed.
  3. Lovia shall be organized based on the principle of the separation and balance of powers - legislative, executive, and judicial - within the framework of constitutional democracy.
  4. In Lovia, the observance of the Constitution, its supremacy and the laws shall be mandatory.
  5. The national sovereignty shall reside within the Lovia people, that shall exercise it by means of their representative bodies, resulting from free, periodical and fair elections, as well as by referendum.
  6. No group or person may exercise sovereignty in one's own name.

Article 1 B - Lovia is a state democracy, ruled by three political structures:

  1. The Congress
    • The Congress consists out of a First and Second Chamber.
    • The Congress needs to evaluate the papers of the Prime Minister.
    • If a secretary doesn't do his work well, the Congress can vote to lift him/her out of his/her function.
  2. The Departments:
    • The departments are coordinated by the Prime Minister, who makes a paper on their work every three months.
    • The Congress may demand a declaration on the working of any department.
    • The devising of the departments is done by the after his election, but his proposal must be apporved by a normal majority (+50%) in Congress.
  3. The Supreme Court:
    • The Supreme Court is an independent structure and needs to be treated that way.
    • The Supreme Court controls the working of the federal jurisdictional system.
    • The judges of the Supreme Court are appointed by the Secretary of Justice.

[edit] Article 2

Article 2 – Rights of every human being in Lovia

  1. Every human being and citizen has the right:
    1. Of freedom of thought, meaning and religion.
    2. Of equality, by race, religion, political opinion, language, sex, property, birth or other statuses.
    3. Of privacy.
    4. To have personal or common property.
    5. To be arrested in a trial and to be treated correctly.
    6. To have a residence.
    7. To work and to receive education.
    8. To relax and recreate.
    9. To live in peace with his or her fellow-men.
    10. To live in welfare.
    11. To become a Lovian citizen.
  2. Every Lovian citizen has the right:
    1. To have one or two residences.
    2. To participate in federal and state politics.
    3. To become a Member of the Congress or to become a Secretary.
  3. Every Secretary or Member of the Congress has the right:
    1. To have one, two or three residences.
  4. The Ruling Monarch and the Prime Minister have the right:
    1. To have maximum four residences.

[edit] Article 3

Article 3 – The Lovian citizenship

  1. You can become a Lovian citizen
    1. If you’re an inhabitant of Lovia, for four days or more.
    2. If you have done 50 or more useful edits.
    3. If you can give the following information:
      1. Your official given name, a surname.
      2. Your sex.
  2. The rights of a citizen are described in Article 2.
  3. Your citizenship can be taken away as a punishment in a trial.

[edit] Article 4

Article 4 – The structure of Lovia

  1. Federal level: Lovia
    1. Executive power: the Prime Minister and the Federal Secretaries
    2. Legislature: the Congress
    3. Judiciary: the Supreme Court
  2. State level: Clymene, Kings, Oceana, Seven and Sylvania
    1. Executive power and legislature: the Governor and the State Secretaries
    2. Judiciary: the State Court
  3. Local level: Cities and towns
    1. Executive power and legislature: the Mayor
    2. Judiciary: the State Court
  4. Sublocal level: Neighborhoods
    1. Executive power and legislature: the Chairman or Chairwoman
    2. Judiciary: the State Court

[edit] Article 5

Article 5 – Legislature and executive power

  1. Subjects of the legislature of the federal level:
    • Highways, international airports and ports
    • Foreign affairs, war and defense
    • Healthcare, education
    • Culture, language, sports
    • Agriculture, fishery, industry
    • Trade, finance, economy, business
    • Justice, Supreme Court
  2. Subjects of the legislature of the state level:
    • State Routes, local airports and harbors
    • Town and cities
    • Traffic rules
    • Nature, environment
    • State Court
  3. Subjects of the legislature of the (sub)local level:
    • Neighborhoods
    • Local streets and avenues
    • City parks, sporting accommodations
    • City planning

[edit] Article 6

Article 6 – Editing the Federal or State Law

  1. A motion can be:
    • A proposal for a new chapter in the Federal or State Law
    • A proposal for a change in a certain part in the Federal or State Law
    • A proposal for a deletion of a certain part in the Federal or State Law
  2. Steps of tabling and voting a motion for the Federal Law:
    1. One or more Members of the Congress write a motion.
    2. The motion is proposed in the First Chamber, where all the Members of the Congress can propose little changes to the text.
    3. If the majority of the Members of the Congress approves with the motion, it can go to the Second Chamber.
    4. Every Member of the Congress can vote (pro, contra or abstention).
    5. If more than 50% of the valid votes is pro, the motion is accepted and will be adapted to the Federal Law.
    6. When a majority has accepted the motion, the Prime Minister has to agree on adding it to the Federal Law.
  3. Steps of tabling and voting a motion for the State Law:
    1. The Governor or one or more of the State Secretaries write a motion.
    2. The motion is proposed to the Governor and all of the State Secretaries, where they can all propose little changes to the text.
    3. If the majority approves with the motion, they can vote officially.
    4. Every State Secretary and the Governor can vote (pro, contra or abstention).
    5. If more than 50% of the valid votes is pro, the motion is accepted and will be adapted to the State Law.
    6. When a majority has accepted the motion, the Governor has to agree on adding it to the State Law.

[edit] Article 7

Article 7 – Editing the Constitution

  1. The Constitution can’t be edited by a normal majority (+50%) in the Congress.
  2. A motion for the Constitution is called an Amendment.
  3. Steps of tabling and voting an Amendment:
    1. One or more Members of the Congress write an Amendment.
    2. The motion is proposed in the First Chamber, where all the Members of the Congress can propose little changes to the text.
    3. If the majority of the Members of the Congress approves with the motion, it can go to the Second Chamber.
    4. Every Member of the Congress can vote (pro, contra or abstention).
    5. If more than 75% of the valid votes is pro, the motion is accepted and will be adapted to the Constitution.
    6. When the Congress has accepted the motion, the Prime Minister has to agree on adding it to the Constitution.

[edit] Article 8

Article 8 – Elections

  1. Federal elections:
    1. Every year federal elections are held.
    2. The term of office of every Member of the Congress is exactly one year, so every year the elections should be held at the same date.
    3. Steps of the federal elections:
      1. Every citizen can run for Member of the Congress.
      2. After a month, the period of becoming a candidate is done and the voting can begin.
      3. Every citizen can vote for three candidates. It’s not possible to vote contra. Voting for less then three candidates is allowed.
      4. The candidates with the most votes, and at least three, will become Members of the Congress. But there is a limit of Members of the Congress. This number is decided by the previous Prime Minister, and should always be between 5 and 30.
      5. The candidate with the most votes will become Prime Minister.
    4. In case of a large population boom, the Prime Minister can organize mid-term elections.
      1. In these mid-term elections minimum 5 and maximum 10 new Members of the Congress are elected. The number is decided by the Prime Minister, just as the moment of elections.
      2. Members of the Congress stay Members without re-election.
  2. Federal Secretaries:
    1. The new Prime Minister will chose which Members of the Congress will become Secretaries of a certain Department. The Congress must however agree in a normal majority vote (+50%).
    2. The Prime Minister and the Congress can fire a Secretary if:
      1. There is a good reason.
      2. They (the Congress and the Prime Minister) can agree. The Congress agrees by voting a normal majority pro (+50%).
  3. State elections:
    1. Every two year state elections are held.
    2. The term of office of every Governor is exactly two year, so every two year the elections should be held at the same date.
    3. Steps of the state elections:
      1. Every citizen who lives in the state can run for Governor.
      2. After two weeks, the period of becoming a candidate is done and the voting can begin.
      3. Every citizen can vote for one candidates. It’s not possible to vote contra.
      4. The candidates with the most votes, and at least three, will become Governor.

[edit] Article 9

Article 9 – Supreme Court Trials

  1. Issues for the Supreme Court:
    • Every case concerning federal issues.
    • Crimes threatening the nation or the national population.
    • Cases that can’t be handled by the State Court.
  2. Starting a case:
    1. The case can be started by: a plaintiff or a public plaintiff (a representative of the government, the nation, the state, the city, the town…).
    2. There has to be a defendant: the person or organization accused by the plaintiff. This can also be a public defendant, that’s when the government is accused by someone or something.
    3. Both plaintiff or defendant may use a lawyer.
    4. The case starts when one of both parties asks the Supreme Court for a lawsuit.
    5. The Judge has to examine the case and look at all the evidence. If he thinks this case isn’t appropriate for the Supreme Court, he can redirect it to the State Court.
  3. The lawsuit:
    1. The Judge starts with reading the file on this case.
    2. The plaintiff (or his/her lawyer) has the right to speak to the Judge in public. He or she can also bring witnesses or material on the case. He can ask the defendant questions to prove his or her guiltiness.
    3. Then the defendant (or his/her lawyer) can speak and ask questions to witnesses. Bringing material is also allowed, to prove his or her innocence.
    4. If the plaintiff wants to speak once more, he gets the chance.
    5. At last, the defendant has the right to speak.
  4. Judging the case:
    1. The Judge retreats and examines all the evidence and considers what both the defendant and the plaintiff have said or shown. He will use the Constitution and the Federal Law as his guidelines.
  5. Decision:
    1. The Judge will make his decision clear:
      • He or she can declare someone guilty. The Judge can fine this person or organization, or can lock somebody up, for a time according to the crime.
      • He or she can warn somebody or an organization, for doing wrong, but not that wrong there has to be a punishment.
      • He or she can declare the defendant unguilty and free.
      • He or she can redirect this case to the State Court, because it’s not appropriate.
  6. The Supreme Court Judges are appointed by the Federal Secretary of Justice, with the agreement of the Prime Minister.

[edit] Article 10

Article 10 – State Court Trials

  1. Issues for the State Court:
    • Every case concerning state, local or sublocal issues.
  2. Starting a case:
    1. The case can be started by: a plaintiff or a public plaintiff (a representative of the government, the nation, the state, the city, the town…).
    2. There has to be a defendant: the person or organization accused by the plaintiff. This can also be a public defendant, that’s when the government is accused by someone or something.
    3. Both plaintiff or defendant may use a lawyer.
    4. The case starts when one of both parties asks the State Court for a lawsuit.
    5. The Judge has to examine the case and look at all the evidence. If he thinks this case isn’t appropriate for the State Court, he can redirect it to the Supreme Court.
  3. The lawsuit:
    1. The Judge starts with reading the file on this case.
    2. The plaintiff (or his/her lawyer) has the right to speak to the Judge in public. He or she can also bring witnesses or material on the case. He can ask the defendant questions to prove his or her guiltiness.
    3. Then the defendant (or his/her lawyer) can speak and ask questions to witnesses. Bringing material is also allowed, to prove his or her innocence.
  4. Judging the case:
    1. The Judge retreats and examines all the evidence and considers what both the defendant and the plaintiff have said or shown. He will use the Constitution and the Federal Law as his guidelines.
  5. Decision:
    1. The Judge will make his decision clear:
      • He or she can declare someone guilty. The Judge can fine this person or organization, or can lock somebody up, for a time according to the crime.
      • He or she can warn somebody or an organization, for doing wrong, but not that wrong there has to be a punishment.
      • He or she can declare the defendant unguilty and free.
      • He or she can redirect this case to the Supreme Court, because it’s not appropriate.
  6. The State Court Judges are appointed by the Federal Secretary of Justice, with the agreement of the Governor of the State in which the new State Court Judge will work.

[edit] Article 11

Article 11 – National symbols

  1. The federal capital of Lovia is Noble City, Sylvania.
  2. The national symbol of Lovia is a white pine tree.
  3. The national colors are: navy, red and white.
  4. The national language is (American) English.

[edit] History and adjustments

[edit] The First Chamber

These adjustments have been made by designer of the constitution King Dimitri I in the First Chamber:

  1. Article 2 – Rights of every human being in Lovia
    house and living are replaced by residence
  2. Article 11 – National symbols
    Added: The national language is (American) English.
  3. Article 6 - Editing the Federal or State Law
    When a majority has accepted the motion, the Prime Minister or monarch can adapt it to the Federal Law: can has been replaced by has to.
    When a majority has accepted the motion, the Governor or monarch can adapt it to the State Law: can has been replaced by has to.
  4. Article 1 - Lovia is a monarchy, ruled by a king or queen.
    Added: Every member of the Royal family is equal to normal citizens.
  5. Article 1 - Lovia is a monarchy, ruled by a king or queen.
    The (former) King, Queen or Prime Minister has the right: To have more than three residences. is replaced by The Ruling Monarch and the Prime Minister have the right: To have maximum four residences.
  6. Article 7 – Editing the Constitution
    When the Congress has accepted the motion, the Prime Minister or monarch can adapt it to the Constitution: can has been replaced by has to.

The reactions in the First Chamber on the Constitution design were very positive. Some of these short remarks:

I have no remarks.

Robin Ferguson, December 2, 2007[2]

To me it is perfect.

Lars Washington, December 2, 2007[3]

Great!

Yuri Medvedev, December 4, 2007[4]

[edit] The Second Chamber

The reactions in the Second Chamber of the Congress were also very positive. From December 6 to 8 everyone voted pro and the proposal was unanimously approved[5]. The voters were: King Dimitri I, Lars Washington, Alexandru din Libertate, Arthur Jefferson, Robin Ferguson and Yuri Medvedev, all Lovian citizens. The constitution was officially accepted on December 8, 2007[6].

[edit] First Amendment

Main article: First Amendment.

The First Amendment was written by His Majesty King Dimitri I of Lovia. It corrects some mistakes in the Constitution and adjusts some small difficulties. Especially the articles about elections and trials are changed. It was acdepted on December 31, 2007 with an absolute majority[7].

  • Article 5 - Legislature and executive power
    • 1. Federal organization, royal family, federal elections was canceled.
    • 2. State elections was canceled.
  • Article 8 - Elections
    • 1.3.4 The candidates with the most votes, and at least three, will become Members of the Congress. But there is a limit of Members of the Congress. This number is decided by the previous Prime Minister, and should always be between 15 and 30.
      was replaced by:
      The candidates with the most votes, and at least three, will become Members of the Congress. But there is a limit of Members of the Congress. This number is decided by the previous Prime Minister, and should always be between 5 and 30.
    • New part: 1.4
      New: In case of a large population boom, the Prime Minister can organize mid-term elections.
      1. In these mid-term elections minimum 5 and maximum 10 new Members of the Congress are elected. The number is decided by the Prime Minister, just as the moment of elections.
      2. Members of the Congress stay Members without re-election.
    • 3. was replaced by:
      this text:
# State elections:
## Every two year state elections are held.
## The term of office of every Governor is exactly two year, so every two year the elections 
   should be held at the same date.
## Steps of the state elections:
### Every citizen who lives in the state can run for Governor.
### After two weeks, the period of becoming a candidate is done and the voting can begin.
### Every citizen can vote for one candidates. It’s not possible to vote contra.
### The candidates with the most votes, and at least three, will become Governor.
  • Article 9 - Supreme Court Trials
    • New part: 6.
      New: The Supreme Court Judges are appointed by the Federal Secretary of Justice, with the agreement of the Prime Minister.
  • Article 10 - State Court Trials
    • New part: 6.
      New: The State Court Judges are appointed by the Federal Secretary of Justice, with the agreement of the Governor of the State in which the new State Court Judge will work.

[edit] Second Amendment

Main article: Second Amendment.

The Second Amendment was proposed by King Dimitri I soon after the independence problems in Hurbanova, Oceana. The amendment is about the sovereignity, independence, unitarity and indivisibility of the Lovian National State. All fundamentals of the Lovian state are defined in the Second Amendment. The article was originally proposed as the Twelfth Article of the Constitution, but was adapted as the First Article A. The original First Article became the First B.

The original text as in the Second Chamber:

  • Article 12 - Lovian state
    1. Lovia is a sovereign, independent, unitary and indivisible National State.
    2. Lovia is a democratic and social state, governed by the rule of law, in which human dignity, the citizens' rights and freedoms, the free development of human personality, justice and political pluralism represent supreme values, in the spirit of the democratic traditions of the Lovian people and shall be guaranteed.
    3. Lovia shall be organized based on the principle of the separation and balance of powers -legislative, executive, and judicial - within the framework of constitutional democracy.
    4. In Lovia, the observance of the Constitution, its supremacy and the laws shall be mandatory.
    5. The national sovereignty shall reside within the Lovia people, that shall exercise it by means of their representative bodies, resulting from free, periodical and fair elections, as well as by referendum.
    6. No group or person may exercise sovereignty in one's own name.

The proposal was finally accepted on April 11, 2008 after the vote of Prime Minister Yuri Medvedev.[8]

[edit] Knowledge of the Constitution

  • Lovians having a good idea of what's in the Constitution
    • ...
  • Lovians that are unsure about its content
    • ...

[edit] References, notes and sources

  1. According to the Constitution, Article 1A.4.
  2. Source: here.
  3. Source: here.
  4. Source: here.
  5. Source: here, at line 223.
  6. Source: here.
  7. Source: here.
  8. Source: here.

[edit] See also

Lovia Congress
Capitol - Congress - Constitution - Departments - Federal Elections - Federal Law - First Chamber (Forum) - Inauguration Day - Library of Congress - Member of the Congress - National Archives - Second Chamber (Forum)