Difference between revisions of "Swordfell/Constitution"

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The Constitution of the Republic of Swordfell
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The Constitution is the second pillar of the Republic. It is a growing body that regulates aspects of the Republic such as defining the positions of power, such as aspects of the military tradition, or the economy, or the legal system of the realm, or the religious and social views of the realm. It is different than the Laws of Swordfell since the laws govern the realm and are either broken or obeyed, whereas the Constitution is applied to general practice. As enshrined in the Code of Nobility, articles of the Constitution are added to Absolute Majority and repealed by 2/3 Majority.
  
==Other Documents==
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Articles of the Constitution
[[Swordfell/Code of Nobility|Fellish Code of Nobility]] <br/>
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1. Article on Ducal Armies
[[Swordfell/Laws of Swordfell|Laws of Swordfell]] <br/>
 
  
==Prologue==
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As per a Referendum of Spring 21 YD, ducal armies are not permitted. Armies may only be sponsored to serve the Republic.
- Respecting this document is obligatory. <br/>
 
- Violations against this document are treason. <br/>
 
- Articles in this document can be added/removed/modified by absolute majority of Fellish (Dukes have right of veto). <br/>
 
  
==Constitution of Swordfell==
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2. Article on Forums
'''1. Realm Structure''' <br/>
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- Swordfell is federation of its Duchies. <br/>
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As per a Referendum of Winter 22 YD, there will be two forums organizing the voices of Swordfell. The upper house will be the Fellish Senate, comprised of nobles elected to high office (past and present) and will serve as an advisory to the Republic. The lower house will be the Fellish Assembly, composed of nobles who choose to participate in the realm's affairs and will serve as the deliberative body of the Republic. Executive power remains with the Fellish Public.
<br/>
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'''2. Government Type''' <br/>
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3. Edict on Duchy Names
Swordfell is Feudal Republic: <br/>
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- Politically Swordfell is Republic – It means that there is no monarch, but the realm is governed by representatives based on rule of law. <br/>
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As per an Edict dictated by Lord Imperator Bowie Ironsides in the Winter of 22 YD, the duchy of Balance's Retreat is hereby named the Duchy of Sol and the duchy of Flowrestown is hereby named the Duchy of Aquil.
- Socially Swordfell is Feudal Realm – It means that nobles are classed by fiefs they hold (i.e. by land ownership). Since in Republic there is no Monarch who is land owner of the entire realm, the highest land owners are Dukes (then Region Lords and then Knights). <br/>
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<br/>
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4. Article on Federations
'''3. Government Structure''' <br/>
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Swordfell government is formed of three main institutions: <br/>
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As per a Referendum of Winter 22 YD, Swordfell may join a Federation only if it receives a unanimous vote by the Public. If but one nay is cast than the federation is rejected.
- Fellish Assembly - lower chamber for internal affairs (defining laws). <br/>
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- Fellish Senate – higher chamber for external affairs (diplomatic relations with foreign nations) and to supervise internal affairs. <br/>
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5. Article on Civil Court
- Realm Council – executive body. <br/>
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<br/>
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As per a Referendum of Spring 22 YD, the legal process to which the Republic can investigate and sentence guilty nobles is as follows:
'''4. Realm Council''' <br/>
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Structure: <br/>
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Trials are called in session only when three nobles join to accuse another noble
- Permanent Realm Council members (All realm Dukes) <br/>
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The court is held in public for the nobility to share and examine evidences and testimonies. The Fellish are a jury of peers
- Elected Realm Council members (Lord Imperator, Chancellor, Archmarshal and Overseer) <br/>
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After a set amount of time (three to six days) a referendum is held in the public to determine the guilt or innocence of the accused; majority vote wins
<br/>
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If innocent, the trial is concluded and the accused is free of association with the alleged crime
Responsibility: <br/>
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If guilty, the Chancellor, in association with the ruling nobility, shall determine a fair and satisfying punishment
- Elected members are to execute will of the Fellish Senate. <br/>
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If guilty, the accused must obey the punishment set forth. If they refuse, they shall be immediately and harshly banned from the realm
- Dukes are to oversee work of elected members and to ensure that they are not acting on their own but that they are indeed executing will of the Fellish Senate. <br/>
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6. Article on Battle Honours
<br/>
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'''4.1. Permanent Realm Council members (All realm Dukes)''' <br/>
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As per a Referendum of Spring 22 YD, the Fellish military tradition now includes the following awards for glorious nobles in the army:
All Swordfell lands belong to one of its Dukes and accordingly every single Duke have right to: <br/>
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- Veto absolutely every single decision in Fellish Senate (no exceptions). <br/>
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The Red Pin: Awarded to those who are wounded in combat
- Veto any Noble to run for Realm Council position (Government position). <br/>
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The Medal of Valour: Awarded to those who participated in an extraordinary battle
- Replace any Elected Realm Council member (Government member) by asking him to step down (Refusing to step down on Duke's request is coup d'etat). <br/>
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The Hood of Danger: Awarded to those who have wounded an enemy
- Strip off the title of a Lord who disrespects realm legal system or feudal hierarchy/who commits act of treason or insubordination/who neglects his responsibilities toward his region, etc. (Refusing to step down after being stripped off the title is high treason and will result with ban). <br/>
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The Ring of Death: Awarded to those who have killed an enemy, this is an infamous decoration
<br/>
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The Cloak of Command: Awarded to those who serve as a Marshal or Vice-Marshal during time of war
'''4.2. Elected Realm Council members''' <br/>
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The Circlet of Supremacy: Awarded to those who serve as Archmarshal during time of war
Elected Realm Council members: <br/>
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7. Article on War Footings
- Lord Imperator <br/>
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- Chancellor <br/>
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As per a Referendum of Spring 22 YD, Swordfell's military will always operate in one of these three levels:
- Archmarshal <br/>
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- Overseer <br/>
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Level One: Low-level, all nobles may command a unit strength of their choice. This level is largely for home defense against monsters and undead and for expansion. Priorities for knights and Lords may override marching in the army unless emergencies arise (hordes).
<br/>
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Level Two: Mid-level, the army must field a set combat strength at all times. Lords may or may not march with the army depending on if they are needed to tend to their region. The set combat strength of the army is relative to the number of knights serving and relative to the combat strength they can afford to field.
Elected Realm Council members do not have right to make decisions on their own but they are purely executive body of the Fellish Council and are to strictly execute will of the Fellish Council. They are only representatives of Fellish people on the fields of diplomacy (Lord Imperator), law and justice (Chancellor), military affairs (Archmarshal) and trade and commerce (Overseer). As such each Elected Realm Council member has weak power. <br/>
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Level Three: High-level, during wartime the army must march at full capacity. All knights and Lords are expected to field a force of 700 to 1000 combat strength or higher or available. All tax gold is deemed property of the High Command and thereby must be given to fund the army. Any deviation from orders must be reported to the High Command in advance lest they be suspected of dereliction. Dereliction of duty will be considered against Law 6 and thus punishable by the Chancellor.
<br/>
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8. Article on Overseer Market Access
- All elected members must at all time have support of each realm Duke. <br/>
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- If single Duke denies support to any Elected Realm Council member, the member must step down (Refusing to step down on Duke's request is coup d'etat). <br/>
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As per a Referendum of Winter 23 YD, the Overseer will be given full access to every market of the Republic. The purpose of which is to allow the Overseer the unobstructed ability to shift surplus foods to regions in demand.
<br/>
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'''4.2.1. Lord Imperator''' <br/>
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The Overseer may only use this privilege during winter, during shortage of Lords, during other equitable emergencies, or with permission of the region Lords.
Lord Imperator is official representative of the Fellish on the field of diplomatic affairs with foreign nations. <br/>
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The Overseer may not use this privilege to satisfy export contracts.
<br/>
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The Overseer must notify all Lords involved of any buy or sell orders and to whom, but the Overseer does not need consent of the Lord to make the transaction.
Responsibility: <br/>
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According to the Agrarian Law, the Overseer must adhere to the price set by the duchy where the region resides.
- Represent Fellish Senate in front of foreign nations. <br/>
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- Lord Imperator do not have authority to create his own politics but is to conduct politics created by absolute majority of the Fellish Senate (Each Duke has right of veto). <br/>
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9. Edict on Swordfell's Crest and Banner
- Every single treaty must be approved by absolute majority of the Fellish Senate (Each Duke has right of veto). <br/>
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<br/>
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As per an Edict dictated by Lord Imperator Silas Kain in the Winter of 24 YD, the banner of Swordfell shall hereafter be coloured black on red, and symbolized by a dragon. The crest shall be a black dragon, sword, castle and mountain range on red.
'''4.2.2. Chancellor''' <br/>
 
Chancellor is official representative of Fellish on the field of law and justice. <br/>
 
<br/>
 
Responsibility: <br/>
 
- Conducting realm Laws. <br/>
 
- Chancellor do not have authority to define Laws but is only to ensure they are conducted. <br/>
 
- Chancellor do not have authority to fine/ban any Fellish without approval of absolute majority of Fellish Senate (Eeach Duke has right of veto). <br/>
 
- Chancellor has authority to treat imprisoned commoners (domestic or foreign) and foreign Nobles on his own (unless any member of the Fellish Senate explicitly requests that the Fellish Senate makes the decision). <br/>
 
<br/>
 
'''4.2.3. Archmarshal''' <br/>
 
Archmarshal is officiall representative of Fellish on the field of military affairs. <br/>
 
<br/>
 
Responsibility: <br/>
 
- Archmarshal is to direct what armies will do (having on mind that how it will be done (movement orders, setting battle formations, etc.) is on Marshals and Vice Marshals). <br/>
 
- At the time of war Archmarshal has authority over region militia within the war zone (determining numbers and types of militia units that will be assigned to the region). Region Lords of regions within the war zone are obligated to obey Archmarshal's command. (Archmarshal has this authority only at the time  of war or at the time of imminent threat of war – Fellish Senate with simple majority of votes activates or deactivates this authority.) <br/>
 
<br/>
 
'''4.2.4. Overseer''' <br/>
 
Overseer is officiall representative of Fellish on the field of trade and commerce. <br/>
 
<br/>
 
Responsibility: <br/>
 
- Ensuring that all Swordfell regions are fed at all time. <br/>
 
- Overseer has full authority to manage the food within the realm. <br/>
 
- Overseer has full authority to buy food from foreign realms. <br/>
 
- Overseer do not have authority to sell food to foreign realms on his own – such action must be approved by absolute majority of the Fellish Senate (Each Duke has right of veto). <br/>
 
<br/>
 
'''5. Fellish Senate''' <br/>
 
Formed of all land owners (Region Lords) and members of the Realm Council. <br/>
 
<br/>
 
Structure: <br/>
 
- Only Members of the Realm Council and Region Lords can be members of Fellish Senate. <br/>
 
- Both: members of the Ream Council and Region Lords are obligated to be members of the Fellish Senate as long as they hold the position (they are allowed to leave Fellish Assembly only if they step down from their position first). <br/>
 
<br/>
 
Responsibility: <br/>
 
- Supervising work of the Fellish Assembly. <br/>
 
- External affairs. <br/>
 
<br/>
 
'''6. Fellish Assembly''' <br/>
 
Formed of all Nobles of Swordfell interested in politics. <br/>
 
<br/>
 
Structure: <br/>
 
- Members of the Realm Council and all Region Lords are obligated to be members of the Fellish Assembly as long as they hold the position (they are allowed to leave Fellish Assembly only if they step down from their position first). <br/>
 
- Knights can join/leave Fellish Assembly at their will. <br/>
 
<br/>
 
Responsibility: <br/>
 
- Internal affairs of the realm (Making sure that realm works well.) <br/>
 
<br/>
 
'''7. Elections for Elected Realm Council members (Government positions)''' <br/>
 
- Elected members are elected on quarterly elections. <br/>
 
- All Nobles have right to address request for candidacy to realm Dukes. <br/>
 
- Candidates must get approval to announce candidacy by all realm Dukes. <br/>
 
- Code of Nobility is to be respected at part that candidates are to withdraw their candidacy if noble of higher title is running for the position. <br/>
 
<br/>
 
'''8. Impeachment of Elected Realm Council members''' <br/>
 
- Dukes are owners of all realm lands and each Duke have authority to demand at any time from any elected member of the Realm Council to step down. Refusing to step down on Duke's request is coup d'etat. <br/>
 
- Fellish Senate has authority to impeach any government member by absolute majority of votes (Each Duke has right of veto, but this veto does not annul previous point of this article). <br/>
 
<br/>
 
'''9. Adding/Removing/Modifying Laws''' <br/>
 
- Fellish Assembly generates and discuss proposals for new Laws. <br/>
 
- Each proposal has to be accepted by simple majority (majority of cast votes) of Fellish Senate (Each Duke has right of veto). If the proposal is accepted by the Fellish Senate and if no Duke placed veto on it public referendum is to be held. <br/>
 
- Proposal is accepted and becomes Law if absolute majority of Fellish (50%+1) supports it on public referendum. <br/>
 
<br/>
 
'''10. Religion''' <br/>
 
- Sanguis Astroism is Swordfell state religion. <br/>
 
- All regions must have constructed temple to Sanguis Astroism. <br/>
 
- Construction of non Sanguis Astroism religious infrastructure is forbidden on Swordfell ground. <br/>
 
- Swordfell is not theocracy and Nobles are not obligated to be followers of Sanguis Astroism and they are free to be followers of any other religion (still, they have to be aware that being follower of religion hostile to Sanguis Astroism will drag consequences for them). <br/>
 
<br/>
 
'''11. Governing Food Supplies''' <br/>
 
- All food is realm property. <br/>
 
- Region Lords are obligated to grant access to granaries in their regions to the Overseer. <br/>
 
- Region Lords are free to buy food for their granary. <br/>
 
- Region Lords are forbidden to sell food from their granary.
 

Revision as of 19:18, 8 April 2018

The Constitution of the Republic of Swordfell The Constitution is the second pillar of the Republic. It is a growing body that regulates aspects of the Republic such as defining the positions of power, such as aspects of the military tradition, or the economy, or the legal system of the realm, or the religious and social views of the realm. It is different than the Laws of Swordfell since the laws govern the realm and are either broken or obeyed, whereas the Constitution is applied to general practice. As enshrined in the Code of Nobility, articles of the Constitution are added to Absolute Majority and repealed by 2/3 Majority.

Articles of the Constitution 1. Article on Ducal Armies

As per a Referendum of Spring 21 YD, ducal armies are not permitted. Armies may only be sponsored to serve the Republic.

2. Article on Forums

As per a Referendum of Winter 22 YD, there will be two forums organizing the voices of Swordfell. The upper house will be the Fellish Senate, comprised of nobles elected to high office (past and present) and will serve as an advisory to the Republic. The lower house will be the Fellish Assembly, composed of nobles who choose to participate in the realm's affairs and will serve as the deliberative body of the Republic. Executive power remains with the Fellish Public.

3. Edict on Duchy Names

As per an Edict dictated by Lord Imperator Bowie Ironsides in the Winter of 22 YD, the duchy of Balance's Retreat is hereby named the Duchy of Sol and the duchy of Flowrestown is hereby named the Duchy of Aquil.

4. Article on Federations

As per a Referendum of Winter 22 YD, Swordfell may join a Federation only if it receives a unanimous vote by the Public. If but one nay is cast than the federation is rejected.

5. Article on Civil Court

As per a Referendum of Spring 22 YD, the legal process to which the Republic can investigate and sentence guilty nobles is as follows:

Trials are called in session only when three nobles join to accuse another noble The court is held in public for the nobility to share and examine evidences and testimonies. The Fellish are a jury of peers After a set amount of time (three to six days) a referendum is held in the public to determine the guilt or innocence of the accused; majority vote wins If innocent, the trial is concluded and the accused is free of association with the alleged crime If guilty, the Chancellor, in association with the ruling nobility, shall determine a fair and satisfying punishment If guilty, the accused must obey the punishment set forth. If they refuse, they shall be immediately and harshly banned from the realm 6. Article on Battle Honours

As per a Referendum of Spring 22 YD, the Fellish military tradition now includes the following awards for glorious nobles in the army:

The Red Pin: Awarded to those who are wounded in combat The Medal of Valour: Awarded to those who participated in an extraordinary battle The Hood of Danger: Awarded to those who have wounded an enemy The Ring of Death: Awarded to those who have killed an enemy, this is an infamous decoration The Cloak of Command: Awarded to those who serve as a Marshal or Vice-Marshal during time of war The Circlet of Supremacy: Awarded to those who serve as Archmarshal during time of war 7. Article on War Footings

As per a Referendum of Spring 22 YD, Swordfell's military will always operate in one of these three levels:

Level One: Low-level, all nobles may command a unit strength of their choice. This level is largely for home defense against monsters and undead and for expansion. Priorities for knights and Lords may override marching in the army unless emergencies arise (hordes). Level Two: Mid-level, the army must field a set combat strength at all times. Lords may or may not march with the army depending on if they are needed to tend to their region. The set combat strength of the army is relative to the number of knights serving and relative to the combat strength they can afford to field. Level Three: High-level, during wartime the army must march at full capacity. All knights and Lords are expected to field a force of 700 to 1000 combat strength or higher or available. All tax gold is deemed property of the High Command and thereby must be given to fund the army. Any deviation from orders must be reported to the High Command in advance lest they be suspected of dereliction. Dereliction of duty will be considered against Law 6 and thus punishable by the Chancellor. 8. Article on Overseer Market Access

As per a Referendum of Winter 23 YD, the Overseer will be given full access to every market of the Republic. The purpose of which is to allow the Overseer the unobstructed ability to shift surplus foods to regions in demand.

The Overseer may only use this privilege during winter, during shortage of Lords, during other equitable emergencies, or with permission of the region Lords. The Overseer may not use this privilege to satisfy export contracts. The Overseer must notify all Lords involved of any buy or sell orders and to whom, but the Overseer does not need consent of the Lord to make the transaction. According to the Agrarian Law, the Overseer must adhere to the price set by the duchy where the region resides.

9. Edict on Swordfell's Crest and Banner

As per an Edict dictated by Lord Imperator Silas Kain in the Winter of 24 YD, the banner of Swordfell shall hereafter be coloured black on red, and symbolized by a dragon. The crest shall be a black dragon, sword, castle and mountain range on red.