Carta Proposera di Libertà

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La Carta Proposera di Libertà della Repubblica Pacitaliana (Short/common form: La Carta Proposera di Libertà, English: Guaranteed Rights and Liberties Charter of Pacitalia) is the written section of Pacitalia's national constitution. Apart from guaranteeing the rights, liberties and freedoms of Pacitalians, it also includes definitions on how the country's economy and cultural definition shall be regarded or supervised. Unlike other constitutions where the scenario is reversed, major parts of the constitution are known as sections, subdivisions of each section are known as paragraphs, and individual lines are known as articles. Subpoints in each article are called clauses.

Preamble

We, the Citizens of the Federated, Democratic Capitalist Republic of Pacitalia and her territories, pursuant to the Sufficient Purpose to guarantee the Rights, Liberties, Freedoms, Responsibilities and Properties of the Individuals of the Nation, hereby Write and Legally Establish this Constitution for the Nation and Individuals of Pacitalia. (PA)

Section I - Rights and Responsibilities of the Population (Citizens)

Paragraph i - Responsibilities and Societal Position

  • All Citizens(1) of the Republic of Pacitalia are equal before and upon the national judicial law. (S1P1-1)
  • All Citizens have a Responsibility to follow the laws set out in the Charter of the Judiciary, the Official Law of the Land, in cooperation with the guidelines set in this, the Guaranteed Rights and Liberties Charter of Pacitalia, which serves as the Official National Constitution and sets the Rules and Regulations pertaining to Civil Liberties, Governance of the Federal Population and Electorate, and Economic Laws and Regulations, including Taxation. (S1P1-2)
  • All Citizens have a Responsibility to uphold the Laws of the Land. (S1P1-3)

Paragraph ii - Rights

  • In coordination with an Individual's Responsibilities, all Citizens of the Republic of Pacitalia have the unbreakable Right to Protection and Safety under the Charter of the Judiciary. (S1P2-1)
  • All Citizens have the unbreakable Right to Fair Treatment based on the Rights provided to Individuals in the Charter of the Judiciary. (S1P2-2)
  • The Guaranteed Rights and Liberties Charter of Pacitalia Guarantees the Rights and Freedoms set out in it subject only to such reasonable Limits prescribed by Law as can be demonstrably justified in a free and democratic Society. (S1P2-3)

Paragraph iii - Fundamental Freedoms

General and non-categorical rights and freedoms

  • Every Individual(2) Citizen of Pacitalia has the following fundamental freedoms: (S1P3-1)
  • freedom of conscience and religion. (S1P3-1-1)
  • freedom of thought, belief, opinion and expression. (S1P3-1-2)
  • freedom of the press and other media of communication. (S1P3-1-3)
  • freedom of peaceful assembly and protest of Government or Commercial Action. (S1P3-1-4)
  • freedom of association with other Individuals and/or Groups (S1P3-1-5)
  • Every Individual Legal(3) Citizen has the right to vote in an Election of the Members of a federal, provincial and/or municipal legislative and/or executive Authority, and to be qualified for Membership or Status therein. (S1P3-2)
  • Every Citizen of Pacitalia has the Right to enter, remain in and leave Pacitalia. (S1P3-3)
  • Every Citizen of Pacitalia, and every Person(4) who has the Status of a Permanent Resident of Pacitalia, has the Right to: (S1P3-4)
  • move to and take up Residence, or own any Property, in any Province or Sovereign Territory of Pacitalia. (S1P3-4-1)
  • pursue the gaining of Sustainable Livelihood (Employment) in any Province or Sovereign Territory of Pacitalia. (S1P3-4-2)
  • The Rights specified in Articles Three and Four of this Paragraph are subject to (S1P3-5)
  • any Laws or Practices of general Application in force in a Province other than those that discriminate among Persons primarily on the basis of Province of present or previous Residence. (S1P3-5-1)
  • any Laws providing for reasonable Residency requirements as a Qualification for the receipt of social services. (S1P3-5-2)
  • Every Citizen has the Right to Life, Liberty and Security of their Person and the Right not to be deprived thereof except in accordance with the Principles of fundamental Justice as defined by the Charter of the Judiciary. (S1P3-6)

Legal rights and freedoms

  • Every Citizen has the Right to be secure against unreasonable search or seizure of Property(5) owned Legally by the Individual. (S1P3-7)
  • Every Citizen has the Right to be secure against arbitrary Detention or Incarceration of their Person pursuant to an invalid Reason to do so by the Designated Authority and Upholder of the Laws of any jurisdiction. (S1P3-8)
  • In the event of legitimate Arrest and/or Detention, Every Citizen has the Right to: (S1P3-9)
  • retain and instruct Legal Counsel without any force of Delay by the Designated Authority and Upholder of the Laws of Jurisdiction. (S1P3-9-1)
  • have the Validity of the Detention determined by way of habeas corpus. (S1P3-9-2)
  • Every Citizen has the Right to a fair and unobstructed Trial to prove their Innocence(6) or uphold their suspected Guilt(7) in a Criminal Act as defined by the Charter of the Judiciary. (S1P3-10)
  • Every Citizen has the Right to be secure against Cruelty resulting from unusual acts of physical and mental Punishment and Torture, such acts of inhumanity being defined by the Charter of the Judiciary. (S1P3-11)
  • Every Citizen has the Right to Abstain from revealing his/her Involvement in a Criminal Act upon his/her Arrest and/or Detention by the Designated Authority and Upholder of the Laws of Jurisdiction until such time as: (S1P3-12)
  • he/she has Legal Counsel capable of performing such Responsibilities on his/her behalf. (S1P3-12-1)
  • he/she has no other Options available to pursue. (S1P3-12-2)
  • he/she has no other Options but to plead Guilty to the charges against him/her. (S1P3-12-3)
  • he/she has been proven Guilty in a court of Law. (S1P3-12-4)
  • In the event the Citizen does not have the Ability to Communicate in one of the two designated Official Languages(8) of the Republic of Pacitalia, he/she has the Right to an Interpreter in order to properly Communicate the Charges and/or Accusations against him/her. (S1P3-13)

Linguistic rights and freedoms

  • Every Citizen has a Responsibility to be Fluent in one of the two Official Languages of the Republic of Pacitalia, but in addition, has the Right to be Fluent in an unlimited amount of Non-Official Languages pursuant to their Cultural and Ancestral Background(9), their Education, their Interests(10) or their Occupation(11). (S1P3-14)
  • Differences in Language and Culture shall not separate Pacitalia into Structures of differing Individual Importance to the Nation's Society. No Citizen shall be above another Citizen based on his/her Race, Religion or Original Tongue(12). (S1P3-15)
  • Members, and Guests qualified as Citizens of Pacitalia, of municipal, provincial and federal Legislative Activities, have the Right to Speak in either of the Official Languages of Pacitalia during Deliberationary Sessions of Legislation. (S1P3-16)
  • Citizens have the Right to the Ability to view the Statutes and Proceedings, of any Level of Legislative Authority, in either of the Official Languages of Pacitalia. (S1P3-17)
  • Citizens have the Right to Communication and Service to and from any Level of Government in either of the Official Languages of Pacitalia, or in any Language spoken by a Constituent Population of no less than five percent of the total National Population. (S1P3-18)
  • Citizens have the Right to be continually Educated(13) in their preferred Official Language. (S1P3-19)

Personal enforcement of rights and freedoms

  • Any Citizen whose Rights or Freedoms, as Guaranteed by this Charter, have been Infringed or Denied may apply to a Court of Applicable Jurisdiction to obtain such Remedy as the Court considers Appropriate and Just in the circumstances. (S1P3-20)

Other rights and freedoms

  • The Guarantee in this Charter of certain Rights and Freedoms shall not be construed as denying the Existence of any other Rights or Freedoms that exist in Pacitalia. (S1P3-21)
  • The Charter shall be interpreted as being Subservient to every Citizen, in a wholly and truly Multicultural context. (S1P3-22)
  • All Rights defined heretofore in the Charter are Guaranteed to apply to both Men and Women. A Violation of this shall be dealt with by the Disenfranchised Citizen invoking Article Twenty. (S1P3-23)
  • Institutions of Education within Pacitalian sovereign boundaries using a religious curriculum shall have their Rights to Instruct guaranteed by the Charter. (S1P3-24)

Paragraph iv - Rights and Responsibilities of Visitors and non-Citizens

  • All Visitors to and non-Citizens of this Country are subject to the Laws for Non-Citizens and Visitors as defined in the Charter of the Judiciary. (S1P4-1)
  • All Visitors to this Country are subject to the Laws of Customs, Excise and Immigration as defined by the Ministry of Customs and Immigration. (S1P4-2)
  • A Visitor shall be defined as an Individual who has no official Permanent Documentation pursuant to Residency Regulations in Pacitalia, but holds Legal Temporary Documentation pursuant to Customs and Immigration Regulations in Pacitalia, such as: (S1P4-3)
  • a valid Passport(14) of another Nation that has Clearance from the Ministry of Customs and Immigration for its Citizens and/or Residents to enter/exit Pacitalia. (S1P4-3-1)
  • a valid Visa(15) of Employment, Education, Short-Term Residency, Long-Term Residency or Medical Treatment. (S1P4-3-2)
  • Visitors and non-Citizens that commit Criminal Acts defined in the Charter of the Judiciary, while within the sovereign boundaries of Pacitalia, shall be subject to the same Laws as Citizens, but the Punishments, Consequences, Responsibilities and Implications shall be far greater. (S1P4-4)
  • Visitors and non-Citizens that commit Criminal Acts shall have the same Rights as Citizens in relation to a Citizen's Legal Rights as defined in Paragraph Three of Section One of this Charter. (S1P4-5)
  • However, Visitors and non-Citizens shall not have the Right to Invoke Article Seven of the Paragraph in question. (S1P4-6)
  • The Government and its respective Authorities reserve the Right to deport Violators of Pacitalian Laws. (S1P4-7)
  • The Government and its respective Authorities reserve the Right to extradite Violators of Laws of other Nations upon the Request of the Nation in question in which a Criminal Act(s) was/were committed. (S1P4-8)
  • The Government and its respective Authorities are not responsible for the Health and Safety of Criminals seeking Refuge within Pacitalian borders. (S1P4-9)
  • The Government and its respective Authorities shall not be responsible for the Capture and Incarceration of Extranational Criminals unless a Formal Request is submitted from the Nation in question. (S1P4-10)

Section II - Governance

Paragraph i - Executive powers

  • Main executive power shall be vested in a Prime Minister. (S2P1-1)
  • The Prime Minister shall be defined as the Head of State(16) and Head of Government(17) for the Federal Government of Pacitalia. (S2P1-2)
  • A Prime Minister shall serve a maximum of four years per Term, but shall not be limited to a maximum Amount of servable Terms. (S2P1-3)
  • Two Deputy Prime Ministers shall be appointed by the Prime Minister as members of a Cabinet in order to assist the Prime Minister in leading the Country and the Government. The more integral and important of the two shall be known as the Senior Deputy Prime Minister, the lesser as the Junior Deputy Prime Minister. (S2P1-4)
  • Upon the Death, Resignation or Removal of the Prime Minister from power, the Senior Deputy Prime Minister shall, in the Interim, assume the duties of Prime Minister until such time as a General Election can be held and a Permanent Replacement selected by the Eligible Voting Public(18). (S2P1-5)
  • The Junior Deputy Prime Minister shall assume the duties of Senior Deputy Prime Minister until an Election can be held and a Permanent Prime Minister selects new Deputy Prime Ministers. (S2P1-6)
  • A free-form Cabinet(19) shall Supervise the daily Functions and Needs of the Country. Members of the Cabinet will be appointed by the Prime Minister, and shall assume the Title of Agustinate(20) of [portfolio]. (S2P1-7)
  • The Prime Minister shall not be Restricted to selecting Agustinates from his/her own Party Caucus, or from Parties of similar Political Beliefs. Any Citizen of Pacitalia is Qualified for Selection as an Agustinate. However, in order to Protect the Integrity and Productivity of the Cabinet, The Prime Minister shall not be Permitted to Select Agustinates from Parties in a position of Opposition to the Governing Party. (S2P1-8)
  • The Prime Minister and Agustinate of Defence shall conjunctively perform the Duties of Commander-in-Chief of Pacitalia's armed, naval, air and special forces. (S2P1-9)
  • If any Children or Loved Ones of the Prime Minister are Captured or Placed in a situation of Danger, the Prime Minister shall reserve the Right to kick Ass as defined by the Charter of the Judiciary. (S2P1-10)

Paragraph ii - Legislative powers

  • Legislative Authority shall be vested in two Chambers of Legislation. The lower Chamber shall be called the House of Parliamentary Legislation, and the upper Chamber shall be called the Senatoro. (S2P2-1)
  • Both Chambers shall serve as direct Voices of the Citizens of Pacitalia, and shall be Elected directly by the people. (S2P2-2)
  • An Independent Commission will operate Continuously to Manage, Supervise and Legitimise the results of general federal Elections. It shall not be Affiliated with any Political Party, Organisation or Institution other than the Federal Government, and shall do so on neutral political ground. (S2P2-3)
  • To legitimately Govern the Nation, a Party, Coalition of Individuals or Group must obtain a Majority of the Seats in the lower Chamber. The leader of that Party, Coalition of Individuals or Group becomes the Prime Minister of Pacitalia, and the makeup of the Executive Branch is pursuant to the Regulations outlined in Section II, Paragraph i, Articles 7 and 8. (S2P2-4)
  • To become the Official Opposition to the Government, a Party, Coalition of Individuals or Group must obtain the second-greatest Amount of Seats in the lower Chamber. The leader of that Party, Coalition of Individuals or Group becomes the Leader of the Official Opposition. (S2P2-5)
  • The lower Chamber shall Elect among them one (1) Member to serve as Speaker. The Speaker will lead and moderate debates in the lower Chamber. (S2P2-6)
  • The upper Chamber shall Elect among them one (1) Senator to serve as Supreme Senator. The Supreme Senator will fulfil Duties similar to that of the Speaker in the lower Chamber. (S2P2-7)
  • To legitimately Contest a Senatorial Position in Pacitalia, those Running must own Residential Property within Pacitalia and be a Citizen and Permanent Resident of Pacitalia. (S2P2-8)
  • The House of Parliamentary Legislation shall never consist of fewer than one hundred (100) Seats. (S2P2-9)
  • The Senatoro shall never consist of fewer than seventy-two (72) Seats. (S2P2-10)
  • The House of Parliamentary Legislation shall never consist of fewer Seats than the Senatoro. (S2P2-11)
  • The Prime Minister is responsible for the Final Assent and Enactment of all Bills brought into the two Chambers of Legislation. (S2P2-12)
  • Bills shall first be Entered into Debate in the lower Chamber. They must be Read and Voted upon by the Members of the lower Chamber. To pass to the upper Chamber, all Bills must have the Support of exactly fifty-percent-plus-one(21) of the Members of the lower Chamber. In the upper Chamber, the Process shall repeat in the exact same manner as in the lower Chamber. When passed by the upper Chamber, the Bill will be passed to the Prime Minister for Final Assent. (S2P2-13)
  • The Prime Minister shall be Permitted to Veto legislation, however, if Passed by both Chambers, the Prime Minister shall be Expected to Sign the Legislation into Law. (S2P2-14)
  • The Chambers of Legislation shall have the Power to Rule on and Collect Taxes, Fines, Payments and Fees pertaining to Projects and Subjugant Legislations of Public Works and Benefit. (S2P2-15)
  • The Chambers of Legislation shall Regulate or assist in the Regulation of the following Activities supervised by the Federal Government and/or its Cabinet Ministries: (S2P2-16)
  • the assistance of the promotion of Commerce between Cities, Provinces and Foreign Nations. (S2P2-16-1)
  • the possible borrowing of Money in the credital Interest of the Nation.(S2P2-16-2)
  • the Coinage and printing of Banknotes and Monetary Units. (S2P2-16-3)
  • the Management of national Transportation networks. (S2P2-16-4)
  • the Management of national areas of environmental protection or wildlife refuge. (S2P2-16-5)
  • the Preservation of Pacitalian language, culture and heritage. (S2P2-16-6)
  • the Management of Pacitalian sovereign land, sea and air. (S2P2-16-7)
  • the continued Well-Being of the armed, air, naval and special forces. (S2P2-16-8)
  • the Management of Government Institutions. (S2P2-16-9)
  • the Security of the Nation from possible exterior and interior Insurgency. (S2P2-16-10)

Paragraph iii - Judicial powers

  • Primary judicial power shall exist in the Supreme Court of Pacitalia. (S2P3-1)
  • The order of Succession of Authority in the Court system shall proceed, in order from least authoritative to most, municipal, provincial, federal. (S2P3-2)
  • Within each level of Succession of Authority by Government, the order of Succession of Authority by Court shall proceed, in order from least authoritative to most, petty crimes, capital crimes, appealed cases. (S2P3-3)
  • The courts of a Municipality shall deal primarily with violations of Traffic Codes, Petty Crimes and Disturbances, which are Monitored and Prevented pursuant to the Designated Authority and Upholder of the Laws of Jurisdiction(22). (S2P3-4)
  • The courts of a Province shall deal primarily with Violations of Law defined in the Charter of the Judiciary's Documentation of Provincial Law, and thusly with cases that affect provinces singularly. (S2P3-5)
  • The courts of the Nation shall deal with Violations of the Law defined in the Charter of the Judiciary's Documentation of Federal Law, and thusly with cases that affect:
  • more than one province. (S2P3-5-1)
  • the nation as a whole, its security, its societal values or other affecting qualities determined by the presiding Upholders of Justice(23). (S2P3-5-2)
  • The Supreme Court shall consist of nine Justices, appointed by the Prime Minister on the advice of the voting Public. A Justice on the Supreme Court shall Serve for a minimum twenty (20) years. The Justice that a Majority of Citizens believe has either the most Experience and/or the most Objectivity shall serve as the Chief Justice. (S2P3-6)
  • In the Supreme Court, Voting In Favour of a certain Case shall be defined as a vote of at least five to four. (S2P3-7)
  • The Supreme Court shall Hold four Alternate Justices in a ready Position should a Sitting Justice Resign, Die or have his/her Authority removed by a higher Power or the collective Passage of the two Chambers of Legislation. (S2P3-8)
  • The Size, Composition and Authority of the Supreme Court is Fixed and Secured, and shall not be Altered. (S2P3-9)
  • The Size, Composition and Authority of the remaining Courts shall depend on: (S2P3-10)
  • said court's necessity-by-importance. (S2P3-10-1)
  • said court's efficiency and impartiality. (S2P3-10-2)
  • said court's public demand or case load. (S2P3-10-3)

Paragraph iv - Jurisdictions

  • Pacitalia shall be divided into sixteen (16) administrative subdivisions called Provinces. (S2P4-1)
  • The offices of Governance for each Province shall be located in one City called a Capital. (S2P4-2)
  • The offices of Governance for the Nation shall be located in one City, which shall also serve as the Provincial Capital of the Province it resides in, if need be. (S2P4-3)
  • Each Province shall always have noticeable Representation in federal affairs. (S2P4-4)
  • The separation of Church and State shall be Permanent. (S2P4-5)
  • Governments shall not create or redefine Laws pertaining to the religious Activities of Persons within Pacitalia, or create or redefine Definitions of Religion. (S2P4-6)

Proposed redraft of Section II

Paragraph i - Executive powers

Subparagraph i - Head of state

  • Main executive power shall be vested in an Archonate. (S2P1(1)-1)
  • The Archonate shall be defined as the Head of State(16) for the national government of Pacitalia. (S2P1(1)-2)
  • An Archonate shall serve a maximum of two years per term, and shall be limited to a total of three terms lasting a maximum of six years. (S2P1(1)-3)
  • An Archonate may be permitted to serve for an extended duration if exceptional circumstances require. (S2P1(1)-4)
  • The Archonate shall be responsible, in absolute, for the appointment and dissolution of the legislative branch based solely and completely on the will of the electorate. (S2P1(1)-5)
  • The Archonate shall serve as Grand Master of Capostication for the entirety of his/her term. (S2P1(1)-6)
  • The Archonate, by order of precedence, shall hold seniority over all other political positions. (S2P1(1)-7)
  • The Archonate shall be responsible for ultimate promulgation of laws and decrees through the process of National Assent. (S2P1(1)-8)
  • The Archonate shall hold suspension veto when presented with laws; however, the Archonate cannot block completely the passage of such legislation. The Archonate shall be permitted to request the legislature's revision of said law. (S2P1(1)-9)
  • The Archonate may refer certain laws to a national referendum in place of assent. (S2P1(1)-10)
  • The Archonate shall receive foreign ambassadors and provide counsel on the selection of Pacitalian ambassadors. (S2P1(1)-11)
  • The Archonate shall reserve the right to grant pardon. (S2P1(1)-12)
  • The Archonate, above all, shall see that the Constitution is observed. (S2P1(1)-13)
  • Upon the death, resignation or removal of the Archonate from his/her office, Senators will elect someone from their chamber to assume the duties in the interim and facilitate the electoral process. (S2P1(1)-14)

Subparagraph ii - Head of government and senior executive

  • Seniority of legislative power and executive power, under the Archonate, shall be vested in a Prime Minister. (S2P2(2)-1)
  • The prime minister will be elected based
  • The Junior Deputy Prime Minister shall assume the duties of Senior Deputy Prime Minister until an Election can be held and a Permanent Prime Minister selects new Deputy Prime Ministers. (S2P1-6)
  • A free-form Cabinet(19) shall Supervise the daily Functions and Needs of the Country. Members of the Cabinet will be appointed by the Prime Minister, and shall assume the Title of Agustinate(20) of [portfolio]. (S2P1-7)
  • The Prime Minister shall not be Restricted to selecting Agustinates from his/her own Party Caucus, or from Parties of similar Political Beliefs. Any Citizen of Pacitalia is Qualified for Selection as an Agustinate. However, in order to Protect the Integrity and Productivity of the Cabinet, The Prime Minister shall not be Permitted to Select Agustinates from Parties in a position of Opposition to the Governing Party. (S2P1-8)
  • The Prime Minister and Agustinate of Defence shall conjunctively perform the Duties of Commander-in-Chief of Pacitalia's armed, naval, air and special forces. (S2P1-9)
  • If any Children or Loved Ones of the Prime Minister are Captured or Placed in a situation of Danger, the Prime Minister shall reserve the Right to kick Ass as defined by the Charter of the Judiciary. (S2P1-10)

Paragraph ii - Legislative powers

  • Legislative Authority shall be vested in two Chambers of Legislation. The lower Chamber shall be called the House of Parliamentary Legislation, and the upper Chamber shall be called the Senatoro. (S2P2-1)
  • Both Chambers shall serve as direct Voices of the Citizens of Pacitalia, and shall be Elected directly by the people. (S2P2-2)
  • An Independent Commission will operate Continuously to Manage, Supervise and Legitimise the results of general federal Elections. It shall not be Affiliated with any Political Party, Organisation or Institution other than the Federal Government, and shall do so on neutral political ground. (S2P2-3)
  • To legitimately Govern the Nation, a Party, Coalition of Individuals or Group must obtain a Majority of the Seats in the lower Chamber. The leader of that Party, Coalition of Individuals or Group becomes the Prime Minister of Pacitalia, and the makeup of the Executive Branch is pursuant to the Regulations outlined in Section II, Paragraph i, Articles 7 and 8. (S2P2-4)
  • To become the Official Opposition to the Government, a Party, Coalition of Individuals or Group must obtain the second-greatest Amount of Seats in the lower Chamber. The leader of that Party, Coalition of Individuals or Group becomes the Leader of the Official Opposition. (S2P2-5)
  • The lower Chamber shall Elect among them one (1) Member to serve as Speaker. The Speaker will lead and moderate debates in the lower Chamber. (S2P2-6)
  • The upper Chamber shall Elect among them one (1) Senator to serve as Supreme Senator. The Supreme Senator will fulfil Duties similar to that of the Speaker in the lower Chamber. (S2P2-7)
  • To legitimately Contest a Senatorial Position in Pacitalia, those Running must own Residential Property within Pacitalia and be a Citizen and Permanent Resident of Pacitalia. (S2P2-8)
  • The House of Parliamentary Legislation shall never consist of fewer than one hundred (100) Seats. (S2P2-9)
  • The Senatoro shall never consist of fewer than seventy-two (72) Seats. (S2P2-10)
  • The House of Parliamentary Legislation shall never consist of fewer Seats than the Senatoro. (S2P2-11)
  • The Prime Minister is responsible for the Final Assent and Enactment of all Bills brought into the two Chambers of Legislation. (S2P2-12)
  • Bills shall first be Entered into Debate in the lower Chamber. They must be Read and Voted upon by the Members of the lower Chamber. To pass to the upper Chamber, all Bills must have the Support of exactly fifty-percent-plus-one(21) of the Members of the lower Chamber. In the upper Chamber, the Process shall repeat in the exact same manner as in the lower Chamber. When passed by the upper Chamber, the Bill will be passed to the Prime Minister for Final Assent. (S2P2-13)
  • The Prime Minister shall be Permitted to Veto legislation, however, if Passed by both Chambers, the Prime Minister shall be Expected to Sign the Legislation into Law. (S2P2-14)
  • The Chambers of Legislation shall have the Power to Rule on and Collect Taxes, Fines, Payments and Fees pertaining to Projects and Subjugant Legislations of Public Works and Benefit. (S2P2-15)
  • The Chambers of Legislation shall Regulate or assist in the Regulation of the following Activities supervised by the Federal Government and/or its Cabinet Ministries: (S2P2-16)
  • the assistance of the promotion of Commerce between Cities, Provinces and Foreign Nations. (S2P2-16-1)
  • the possible borrowing of Money in the credital Interest of the Nation.(S2P2-16-2)
  • the Coinage and printing of Banknotes and Monetary Units. (S2P2-16-3)
  • the Management of national Transportation networks. (S2P2-16-4)
  • the Management of national areas of environmental protection or wildlife refuge. (S2P2-16-5)
  • the Preservation of Pacitalian language, culture and heritage. (S2P2-16-6)
  • the Management of Pacitalian sovereign land, sea and air. (S2P2-16-7)
  • the continued Well-Being of the armed, air, naval and special forces. (S2P2-16-8)
  • the Management of Government Institutions. (S2P2-16-9)
  • the Security of the Nation from possible exterior and interior Insurgency. (S2P2-16-10)

Paragraph iii - Judicial powers

  • Primary judicial power shall exist in the Supreme Court of Pacitalia. (S2P3-1)
  • The order of Succession of Authority in the Court system shall proceed, in order from least authoritative to most, municipal, provincial, federal. (S2P3-2)
  • Within each level of Succession of Authority by Government, the order of Succession of Authority by Court shall proceed, in order from least authoritative to most, petty crimes, capital crimes, appealed cases. (S2P3-3)
  • The courts of a Municipality shall deal primarily with violations of Traffic Codes, Petty Crimes and Disturbances, which are Monitored and Prevented pursuant to the Designated Authority and Upholder of the Laws of Jurisdiction(22). (S2P3-4)
  • The courts of a Province shall deal primarily with Violations of Law defined in the Charter of the Judiciary's Documentation of Provincial Law, and thusly with cases that affect provinces singularly. (S2P3-5)
  • The courts of the Nation shall deal with Violations of the Law defined in the Charter of the Judiciary's Documentation of Federal Law, and thusly with cases that affect:
  • more than one province. (S2P3-5-1)
  • the nation as a whole, its security, its societal values or other affecting qualities determined by the presiding Upholders of Justice(23). (S2P3-5-2)
  • The Supreme Court shall consist of nine Justices, appointed by the Prime Minister on the advice of the voting Public. A Justice on the Supreme Court shall Serve for a minimum twenty (20) years. The Justice that a Majority of Citizens believe has either the most Experience and/or the most Objectivity shall serve as the Chief Justice. (S2P3-6)
  • In the Supreme Court, Voting In Favour of a certain Case shall be defined as a vote of at least five to four. (S2P3-7)
  • The Supreme Court shall Hold four Alternate Justices in a ready Position should a Sitting Justice Resign, Die or have his/her Authority removed by a higher Power or the collective Passage of the two Chambers of Legislation. (S2P3-8)
  • The Size, Composition and Authority of the Supreme Court is Fixed and Secured, and shall not be Altered. (S2P3-9)
  • The Size, Composition and Authority of the remaining Courts shall depend on: (S2P3-10)
  • said court's necessity-by-importance. (S2P3-10-1)
  • said court's efficiency and impartiality. (S2P3-10-2)
  • said court's public demand or case load. (S2P3-10-3)

Paragraph iv - Jurisdictions

  • Pacitalia shall be divided into sixteen (16) administrative subdivisions called Provinces. (S2P4-1)
  • The offices of Governance for each Province shall be located in one City called a Capital. (S2P4-2)
  • The offices of Governance for the Nation shall be located in one City, which shall also serve as the Provincial Capital of the Province it resides in, if need be. (S2P4-3)
  • Each Province shall always have noticeable Representation in federal affairs. (S2P4-4)
  • The separation of Church and State shall be Permanent. (S2P4-5)
  • Governments shall not create or redefine Laws pertaining to the religious Activities of Persons within Pacitalia, or create or redefine Definitions of Religion. (S2P4-6)

Section III - Cultural Definitions

Paragraph i - Definition of Pacitalians

  • Pacitalian, as a Noun, shall be In Reference to the First Official Language. (S3P1-1)
  • Pacitalian, as an Adjective, shall be In Reference to one's Heritage. (S3P1-2)
  • Citizens with Pacitalian heritage(24) shall be defined as Consisting through Bloodline(25) of at least twenty-five percent Pacitalian ancestry. (S3P1-3)
  • Pacitalians shall be defined as True Descendants of the Roman Empire, and the Evolutionary Personage of the Latin race. (S3P1-4)

Paragraph ii - Definition of Migrants

  • Immigrants shall be defined as:
  • Permanent Residents, Legal Citizens or Individuals not born in Pacitalia. (S3P2-1-1)
  • Temporary Residents with Visas. (S3P2-1-2)
  • Immigrants shall be considered such culturally if they do not have any Pacitalian ancestry. (S3P2-2)

Section IV - Economic Regulations

  • The Government, except for the Regulation of Currency and Money through its bureaucratic Institutions, shall not interfere in the daily Operations of the Nation's Economies. That responsibility shall lie with the individual Corporations. (S4-1)
  • Federal income tax shall not Exist within the territories of Pacitalia. (S4-2)
  • Provincial income tax levels shall be Mandated by each Province. (S4-3)
  • The Government shall be responsible for Participation in the Promotion of the national economy. (S4-4)
  • The Government shall be permitted to interfere in the National Operation of the Economy in times of necessity. (S4-5)
  • The Government shall be permitted to Supervise the Activities of Corporations in regards to their Interaction with Employees, and with the Environment. (S4-6)
  • Employee unions shall not Exist within the territories of Pacitalia, but as declared in Section One, Paragraph Three, Article One, Clause Four, employees shall still have the unprohibited Right to peaceful protest, in this case the Right to Strike(26). (S4-7)

Section V - Effectiveness and Authority

  • This Charter fully and completely applies to
  • the federal governing Authority of the Democratic Capitalist Republic of Pacitalia, in respect to all Matters within the Authority of the Legislative Branch of the Government, including all Matters relating to non-provincial Jurisdictions. (S5-1-1)
  • the Legislature and Government of each Province and Municipality, in respect to all Matters within the Authority of the Legislature of each Province and Municipality. (S5-1-2)

Footnotes

  1. Citizen: (a) a naturalised or original resident of the country holding official documentation of birth within the sovereign territory of Pacitalia, or permanent citizenship; (b) any persons who have not necessarily obtained citizenship or naturalised status at any time, but have resided within Pacitalia for a minimum of six (6) months; or (c) an employed, and thusly registered, person.
  2. Individual: one single person, one human being of either the male or female sex, of any age, race, religion or creed.
  3. Legal.
    1) In the case of markup three (3): those persons of (a) Pacitalian citizenship; (b) Pacitalian residency of a minimum of six (6) months; or (c) Permanent residency in one address within Pacitalia for a minimum of thirty (30) days. As well as fulfilling at least one of the aforementioned qualifications, titled Legal Individuals must be at least twenty (20) years of age.
    2) In the case of footnote five (5): legitimate methods to obtaining items defined as Property.
  4. Person: defined as anyone, of any age, race, religion, creed or sex, legally permitted to exit and enter their home nation as defined by that nation's constitutional freedoms and permissions as well as through judicial decisions (a criminal record that does not include serious capital offences in the country in which the act(s) was/were committed). It also includes the terms Individual, Legal and Citizen for residents, citizens and non-resident workers of Pacitalia.
  5. Property: deeds, titles, services or goods purchased through the transaction of monetary or financial method to become legal (see F3-2 for definition of legal) owners of such items.
  6. Innocence: the legal exemption or non-participation in a Criminal Act defined by the Charter of the Judiciary.
  7. Guilt: implicated responsibility, association or participation in a Criminal Act defined by the Charter of the Judiciary.
  8. Official Languages: Pacitalian and English.
  9. Cultural and Ancestral Background: The heritage and ancestry of an individual (see F2 for a definition of Individual) which may or may not define his/her familiar language, race, creed and/or religion.
  10. Interests: Legitimate personal desires, hobbies or pursuits legally protected by Section I, Paragraph iii, Article 1. Interests, such defined, must not violate the Charter of the Judiciary through harm of other persons, cultures and/or groups.
  11. Occupation: That which is defined as a field of work benefited by an individual's legal employment, inside the sovereign boundaries of Pacitalia, in order to gain financial security and personal livelihood.
  12. Original Tongue: The first language learned by an individual, whether an official language (F8) or not.
  13. Educated: Instruction of a curriculum as defined by the federal Ministry of Education.
  14. Passport: A valid, size-regulated booklet of documentation that allows the holder to travel virtually unrestricted to other nations for short-term periods, such periods' definitions pursuant to the immigration and customs laws of the visited countries in question.
  15. Visa: A valid set of papers that allows the holder to stay in single countries for longer periods of time than limits set on passports (F14). Employment visas allow non-residents, visitors or non-Citizens to work legally in Pacitalia. Education visas allow the same classifications of people post-secondary education in Pacitalia, but must be renewed at the end of every full year of study. Short-term and long-term residency visas allow persons to live in Pacitalia for periods of less than or more than six (6) months, respectively. Medical treatment visas allow persons not able to obtain suitable medical care in their home country to enter Pacitalia for any period of time to seek the needed treatments.
  16. Head of State: A figure who personifies the continuity and legitimacy of the state and exercises the political powers, functions and duties granted to the post in the country's constitution.
  17. Head of Government: The leader of the government's legislative and/or executive branch and/or cabinet.
  18. Eligible Voting Public: Sometimes referred to as the EVP, this refers to those who have the legal prerogative, as defined in Section 1, Paragraph iii, Article 2, to exercise a democratic right to elect members of any electable body of the three levels of government.
  19. Free-form Cabinet: An executive body not restricted by a fixed number of positions or fixed types of positions (no positions are truly permanent, though positions like Defence, Education, Commerce and Health would never actually be scrapped).
  20. Agustinate: pronounced ah-GOOSh-tin-ah-tay, derived from the Latin word augustinius, or a person in a position of power in government. Equivalent to a Minister or Secretary in other democratic or autocratic-totalitarian systems.
  21. Fifty-Percent-Plus-One: The support of at least exactly one half of a body of governance, plus one member. For example, for a bill to pass in a 300-seat legislative body, a bill will need the support of one half of the members (150) plus one more (151) in order to ensure a majority supports the legislation.
  22. Designated Authority and Upholder of the Laws of Jurisdiction: Police and peace officers.
  23. Upholders of Justice: Judges legally practicing in a Pacitalian jurisdiction.
  24. Pacitalian heritage: See Section III, paragraph i, Article 4.
  25. Consisting through Bloodline: Having a certain amount of ancestors that were the race in question.
  26. Right to Strike: The right to protest in light of a corporation or organisation's mistreatment or perceived underappreciation of their employees, and in order to obtain better working conditions, better equipment or higher wages in order to remedy those issues.