The Constitution of the New Monarchy of Alowca

The Constitution of the Commonwealth of Alowca

Whereas the Nobles of Alowca, Irdalni, Warmanoras and Abaka, humbly relying on the blessing of the Trinity, have agreed to unite in one indissoluble Commonwealth under the Title of the Theocracy of Alowca, and under the Constitution hereby established which all Nobles of the Commonwealth shall swear to protect and defend:

And whereas it is expedient to provide for the admission into the Commonwealth of other colonies, regions and possessions of the reigning Monarch:

Be it therefore enacted by the Pontifex's most Excellent Emminence, by and with the advice and consent of the Lords and the People, in this present Parliament assembled, and by the authority of the same, as follows:--

Article 1: The Government

A. The legislative power of the Commonwealth shall be vested in a Parliament, which shall consist of the Realm Council, the House of Lords and which is herein-after called "The Parliament," or "The Parliament of the Commonwealth.

B. The Council shall consist of the reigning Monarch, along with her senior advisors, amounting three positions, that of High Marshal, Arch-Priest and the Royal Treasurer, through which the executive powers of government shall be established amongst the people.

C. The House of Lords shall consist of the reigning Monarch, along with her senior advisors previously mentioned, and the Lords of every region under the Commonwealth's dominion, in addition, democratically elected representatives, consisting of one Noble Knight from each region, elected by their fellow peers, shall be given places within the House of Lords to further represent the rights of the un-landed nobility.

D. The government has the right to exercise their powers of regional maintenance and the economy, taxation of the People and Nobles, formation of National Armed Forces and foreign and internal affairs, these branches of government, each overseen by their respective members of the Realm Council, are indelible, and the sole right of the government, which the people have elected, to exercise.

E. The seat of Government of the Commonwealth shall be determined by the reigning Monarch, and shall be within territory which has been granted to, or acquired by the Commonwealth, and shall be vested in and belong to the Commonwealth.

Article 2: Powers of the Council

A. The executive power of the Commonwealth is vested in the reigning Monarch and is exercisable by her senior advisors, as members of the Realm Council, and extends to the execution and maintenance of this Constitution, and of the laws of the Commonwealth.

B. The reigning Monarch has the sole right to veto any legislation which is passed through the House of Lords, however, if the House deems the legislation worthy of overall public recognition and wishes to contest the decision of the reigning Monarch, it is within the Lords' rights to bring the legislation to the people.

C. Once legislation has been brought to the people, it may be passed by a two thirds majority of all active Nobles, overruling the reigning Monarch's right of veto. Furthermore, if two thirds of the active Nobles present in the realm express their disagreement about any governmental action, the ruling class must comply. However, should the ruling class, including the reigning Monarch, fail to follow the demands of the Nobles, it is within their full rights to Publicly Protest, without chastisement or punishment, to remove the Council from office and, should the situation be deemed critical, a rebellion may be called if “just”.

D. "Just Rebellions" are termed as a popular uprising which can only be found just and lawful when condoned by a two thirds majority of all active Nobles. Should the Rebel leader be found guilty of calling an unjust rebellion, despite its success, the People are bound by law to find the leader guilty and promptly removed from the realm, through banning and, execution or deportation from these lands.

E. To preserve the freedom of the People and the efficiency of their government, it is forbidden for any member of the Realm Council to hold more than one office.

F. Additionally, before an incumbent council member may run for a separate office within the Realm Council, they must first step down, to prevent election in two offices, thereby impinging upon regulations set by Section E.

G. However, during times of crisis, with the permission of the House of Lords through a majority vote, emergency powers may be granted, for a period of one month, to the reigning Monarch to preserve the sovereignty of the Commonwealth.

H. Additionally, the reigning Monarch has the right to sustain the restrictions imposed upon the Realm Council by Section E to allow any Noble to be elected into as many positions as deemed necessary for the entire period of the effect of the emergency powers.

Article 3: The Judicature

A. The judicial power of the Commonwealth shall be vested in the High Court of Alowca, the High Court shall consist of the Arch-Priest as it's head, under the Jurisdictions laid down in Article 1, Section D, despite the Monarch's seniority, and a further four Nobles, two landed, two un-landed, selected by the Arch-Priest to represent the people.

B. The High Court may be called into action should the People deem that a Noble need be reviewed by Judicial proceedings, or if a Noble already punished by the Arch-Priest wishes to contest a verdict, pertaining to alleged actions committed against the realm.

C. For a guilt verdict to be reached, the High Court must prove beyond reasonable doubt, the guilt of the Noble in question, and reach a majority vote according to the wishes of the Arch-Priest, thereby deciding upon the guilt of the Noble in question.

D. Punishment for a noble, inside or outside the High Court is the sole responsibility and privilege of the Arch-Priest as the enforcer of the Laws of the Commonwealth and the High Priest of the Trinity.

E. Furthermore, in most cases, the judicial power of the High Court will remain unused as it is the sole right of the Arch-Priest to exercise the powers of justice within the Commonwealth, unless the People wish for a Court to reach a verdict.

Article 4: Finance and Trade

A. The economy of the Commonwealth shall be vested into the care of the Royal Treasurer.

B. Furthermore, as the advisor of the reigning Monarch and member of the Realm Council, the Royal Treasurer shall exercise the powers of the executive arm of the government, under the jurisdictions laid down in Article 1, Section D, over all Nobles who have undertaken the task of regional maintenance, a sole responsibility of the Realm Council to regulate.

C. The organization of trade between realms although found under the jurisdiction of the Royal Treasurer, is also regulated according to the wishes of the Realm Council, in conjunction with the House of Lords.

D. The right to lay down the laws of external trading operations and economic ventures are the responsibility of the Royal Treasurer.

E. However, punishments for impinging upon laws laid down by the Royal Treasurer, whether internally or externally, are not the responsibility of the Royal Treasurer and must be referred to the Arch-Priest and, in the case of contestation, the High Court for review.

F. Additionally, a guild system will be established amongst the regions of the Commonwealth, the “Royal Bank of Alowca” to be used for distribution of gold across the realm, will be under the jurisdiction of the Royal Treasurer of Alowca under Article 1, Section D of the Constitution.

Article 5: Rights of the Military

A. The Military affairs of the Commonwealth are the sole responsibility of the High Marshal, as a senior advisor to the reigning Monarch, and member of the Realm Council.

B. All Nobles, unless choosing to enter under the jurisdiction of the Royal Treasurer and the economy, are required to, in accordance with their pledge of allegiance to the Commonwealth of Alowca and its Constitution, serve within the Armed Forces, under the jurisdiction of the High Marshal in accordance with Article 1, Section D of the Constitution.

C. The Armed Forces shall consist of any formations under the jurisdiction of the High Marshal which constitute national defense, whether through external or internal operations.

D. Although the rights to command the army lie with the High Marshal, the rights to declare war rest within the Monarch’s jurisdiction of foreign affairs.

E. It is the High Marshal’s right to require a “second-in-command” from the Duchy of Alowca, however, the position of Marshal of the Army of Alowca shall be the sole right of the Duke of Alowca to appoint.

F. It is the sole right of the reigning Monarch to appoint whomsoever they choose to lead the armies of the Commonwealth.

G. In the event of incapacitation, or the House of Lords deeming a High Marshal unfit to command, it is the right of the Marshal of Alowca to take command of the Army, until a new High Marshal can be appointed or the incumbent High Marshal returns to active duty.

Article 6: Alterations to the Constitution

A. In the event that a Noble of the Commonwealth deems it necessary to make amendments and other alterations to the Constitution, such a request must be taken to the people.

B. To ensure that an amendment is fully considered and discussed, alterations cannot be made until two criteria are met, firstly, a full week of debate and discussion must be held upon the issue.

C. Finally, once the week of discussion has reached its conclusion, amendments can only be made with a two thirds majority of all active Nobles, irregardless of the wishes of the Realm Council.

D. To preserve the rights of the House of Lords and the People, the Realm Council is without the ability to propose changes to the Constitution.

Definitions

The People: represents all Nobles who are not in the Realm Council or the House of Lords.

Nobles: represents all Nobles of the realm irregardless of their rank or position (excepting the Realm Council).