Tian Family/Kagurati/Writings/The False Constitution
This Essay, known as the False Constitution, is an attempt by Duke Kagurati of Tahgalez to point out why exactly the Constitution of Heen is in fact not a constitution at all. This essay's reproduction is permitted by the constitutional rights of any noble of Heen, and it's intent is not to overthrow the constitution but to aid in it's improvement.
EDITOR NOTE: This essay was based on the constitution's words at the time of the essays writing, not the constitution as it may be at the time of reading this.
Contents
The Current Constitution
To begin, let me restate the current Constitution of Heen as of this writing:
Constitution of Heen
Preamble
The Kingdom of Heen must uphold and represent justice, honesty, and equality in all matters whether with foreign politics or internal affairs. The people of the kingdom constitute the rights to the freedom of choosing their governors, of speech, to bear arms, and of choosing a religion.
Articles
Article I: The people in all right have the choice to anoint their Monarch and Arch Priest by election of the nobility of eligible candidates. The monarch from there will appoint the High Marshal of the armies, and the Royal Treasurer of financial matters.
- Article I Amendment I: All monarchs must sign the Constitution of Heen before being fully anointed as King or Queen of Heen. The monarch of Heen has right to propose and ratify amendments when seen fit. Articles must be voted upon by the council before ratification. Articles may be proposed by any member of the governing council.
- Article I Amendment II: The nobility is consented to be governed and not governed by force. Any noble has the right to leave the kingdom at any time he or she wishes, but should the noble leave to an enemy realm, he or she is subject to banishment under the decision of the Arch Priest. The nobility is also subject to banishment by the Arch Priest if found guilty of any crime deserving of the punishment.
- Article I Amendment III: The nobility has the right to disagree with, protest, and impeach any unjust council member should they have the proof to do so. Keep in mind that any unjust impeachments will be justified by the currently ruling Monarch or the Monarch is subject to immediate impeachment.
Article II: The nobility has right to freedom of speech. Whether they do so by press or by parchment, they have all rights to speak their will.
- Article II Amendment I:Should something written or said be considered treason, such as calling for a rebellion, rioting or slander, to the Kingdom of Heen by the Archpriest of Heen or current Monarch of Heen, that noble is subject to punishment and even death.
- Article II Amendment II: (added by the hand of Queen Martana): All rights, stated in this constitution and granted by noble birth, of all nobles of Heen cease to be at the point they break the Code of Nobility. Until the Judge reaches his verdict, be it a warning, fine or ban, the noble is stripped from nobility and regarded as commoner. Such are the results of acting like a commoner.
Article III: The people of the kingdom have right to bear arms at all times to take defence against enemy rogues and enemy realms.
Article IV: An official religion must never be impressed upon the people. A monarch attempting to do so breeds corruption and is subject to immediate impeachment.
- Article IV Amendment I: Hedonism is an evil religion and is never permitted to be preached or practiced in the Kingdom of Heen.
Problems With The Constitution
The only serious problem with the Constitution is the first Article. All it really does is give power to the Monarch. Which I might add, defeats the entire purpose of the constitution. Mind you, I'm not twisting the words in this; the things I'm listing are just the things you might not notice if you just glanced over it.
EDITOR NOTE: At the time this was being wrote, the first article changed slightly, so the argument there may be somewhat different from what the constitution reads. Also note that Kagurati wrote this based on the constitution at the time he started writing. Any problems in future constitutions will argued in future essays.
Article I
The people in all right have the choice to anoint their Monarch and Arch Priest by election of the nobility of eligible candidates. The monarch from there will appoint the High Marshal of the armies, and the Royal Treasurer of financial matters.
Alright, looks good on first glance. But if you read the amendments...
Article I Amendment I: All monarchs must sign the Constitution of Heen before being fully anointed as King or Queen of Heen. The monarch of Heen has right to propose and ratify amendments when seen fit. Articles must be voted upon by the council before ratification. Articles may be proposed by any member of the governing council.
Article I Amendment II: The nobility is consented to be governed and not governed by force. Any noble has the right to leave the kingdom at any time he or she wishes, but should the noble leave to an enemy realm, he or she is subject to banishment under the decision of the Arch Priest. The nobility is also subject to banishment by the Arch Priest if found guilty of any crime deserving of the punishment.
Article I Amendment III: The nobility has the right to disagree with, protest, and impeach any unjust council member should they have the proof to do so. Keep in mind that any unjust inpeachments will be justified by the currently ruling Monarch or the Monarch is subject to immediate impeachment.
Alright, Amendment I basically says that the Ruler has absolute power, regardless what the rest of the realm says. Any ruler who wanted to do what they wanted, could disregard the ENTIRE constitution because of this one Amendment.
Amendment II fails to specify what qualifies as a crime or what qualifies as force. See the problems there? All that's needed is a power hungry ruler and a few loyal supporters in the government.
With Amendment III no protection is offered if perhaps the ruler was the one doing the impeachments. More power for the ruler.
