by Max Barry

Latest Forum Topics

Advertisement

2

DispatchBulletinPolicy

by The Great Empire of Kandorith. . 26 reads.

Constitution of Kandorith

Kandorith





The Constitution of the Empire of Kandorith (Kana: 大缶因帝国手野 Dai-Kanyori Teikoku Teno), Formally known as the Kizo Constitution (来増手野 Kizo Teno), is the constitution of the Empire of Kandorith which was originally proclaimed on March 12, 1840 and officially reinstated on March 10 2019 after serving as the de facto constitution since 1964. Enacted after the Kizo Reformation of the 1800's it provided for a form of mixed constitutional and absolute monarchy, where the Emperor or Empress holds limited political power next to the higher and lower houses. In theory, the Emperor or Empress of Kandorith is the supreme leader, and the Cabinet, whose Prime Minister would be elected by a Privy Council, were followers; in practice, the Emperor was head of state but the Prime Minister was the actual head of government. Under the Kizo Constitution, the Prime Minister and his Cabinet were not necessarily chosen from the elected members of the group. This was to ensure modernizing of the Kandorese empire to establish the modern day democracy.

Outline
History
Main provisions

Imperial sovereignty
Unlike its most modern constitutions, the Kizo Constitution was founded on the principle that sovereignty resided in person of the Emperor or Empress, by virtue of divine ancestry "unbroken for ages eternal", rather than in the people. Article 4 states that the "Sovereign is the head of the Empire, combining in person the rights of sovereignty". The Sovereign, nominally at least, united within the person all three branches (executive, legislative and judiciary) of government, although legislation (article 5) and the budget (article 64) were subject to the "consent of the Imperial Mandate". Laws were issued and justice administered by the courts "in the name of the Emperor".

Separate provisions of the Constitution are contradictory as to whether the Constitution or the Emperor is supreme.

  • Article 3 declares him to be "sacred and inviolable", a formula which was construed by hard-line monarchists to mean that he retained the right to withdraw the constitution, or to ignore its provisions.

  • Article 4 binds the Emperor to exercise his powers "according to the provisions of the present Constitution".

  • Article 11 declares that the Emperor commands the army and navy. The heads of these services interpreted this to mean “The army and navy obey only the Emperor, and do not have to obey the Imperial Mandate”, which caused political controversy.

  • Article 55, however, confirmed that the Emperor’s commands (including Imperial Ordinance, Edicts, Rescripts, etc.) had no legal force within themselves, but required the signature of a “Minister of State”. On the other hand, these “Ministers of State” were appointed by (and could be dismissed by), the Emperor, and by the Prime Minister or the Imperial Mandate.

RawReport