Constitution of the Detinus Republic


Classification: Open



Part I - Rights and Obligations

Section I - Principles of the Republic

Section II - Fundamental Rights

Part II - Organization of the Republic

Section I - The Senate

Section II - The Speaker of the House

Section III - The Government

Section IV - The Judiciary

Section V - Provinces and Colonies

Section VI - Constitutional Changes

Appendix - Final Notes and Transitory Regulations


Part I - Rights and Obligations

Section I - Principles of the Republic

Article 1

The Detinus Republic, one and indivisible, is a democratic republic, based on labour.
The souveranity appartains to the citizens, who excercise the same in the ways and limits established in this Constitution.



Article 1 - bis

The Detinus Republic shall fight for the liberation of all humans from oppression to ensurea truly free, democratic government and promotes all actions necessary to this ultimate goal.



Article 2

The Republic recognizes and guarantees the inviolable rights of its citizens, be it as single person or in social formations where its personality is expressed, and requires the fulfillment of the unrevokable duties of political, economic and social solidarity.



Article 3

All citizens have equal social dignity and are equal before the law, without distinction by species, race, gender, language, religion, political opinion, personal and social conditions.
It is the Republic's duty to remove the obstacles of economic or social nature, which in effect limit the freedom and equality of the citizens, impede the full development of the personality and the effective participation of all workers to the political, economic and social organization of the Republic.



Article 4

The Republic recognizes the right to work for all its citizens and promotes the conditions to make this right become effective.
Each citizen has the duty to perform, according to his or her possibilities and own choice, an activity or function that helps for the material or spiritual progress of the society.



Article 5

The republican legislation conforms to the generally accepted norms of international right as negotiated with representatives of other nations.
The condition of non-citizens is delimited according to international treaties.
Non-citizens who are not allowed to have the same democratic freedoms guaranteed by thisConstitution have the right for political asylum in the Detinus Republic.



Article 6

The Republic repudiates war against other free, democratic nations as offense to the freedom of other nations and a means to solve international disputes. It promotes the creation of international organizations with the aim to establish paritarian relations with all free and democratic nations, human and alien alike.



Article 7

The official symbol of the Republic is the white nascent sun before a larger blue planet.
The official colors of the Republic are blue, white and black.



Section II - Fundamental Rights

Article 8

All sentient beings have the right to live and defend their life and may act at will within the confines of law.




Article 9

All sentient beings have fundamental rights. It is the duty of the Republic to protect all sentient beings from unlawful harm and to uphold their fundamental rights.
If the fundamental rights of two individual beings appear to cancel each other out, the Detinus Republic Judiciary may be called to decide the case.



Article 10

A sentient being's fundamental rights can be impaired only by law of the Detinus Republic and only under the following circumstances:


a) If an individual has committed a criminal offense, it is subject to Detinus Republic penal law and has its fundamental rights reduced accordingly.


b) If a danger to the security, potency or existence of the Detinus Republic outweights the danger of impairing an individual's rights, these rights may be ignored only to an absolutely necessary extent; they may not be revoked.


c) If the Detinus Republic is in a state of war or constant state of crisis, the rights of sentient beings who are not citizens of the Detinus Republic are reduced to a status similarly as described in b).


d) Soldiers of the Detinus Republic have agreed to put the welfare of the Republic above their own personal welfare and thus may not call upon their fundamental rights to void orders that put them in danger.



Article 11

Personal freedom and property are inviolable. The freedom and secrecy of communications is inviolable.
Limitations may only be performed with a motivated judical act and with the guarantees established by law.



Article 12

Each citizen may circulate freely in every part of the republican territory, except those limitations established by law in general terms for security or sanitary reasons. No restriction may be imposed for political reasons.
Each citizen may freely leave and reenter the republican territory, excepting obligations established by law.



Article 13

The Republic guarantees all forms of free speech and expression. Limitations may only be imposed for subversive actions attempting at the Republic's unity, freedom, democratic nature or for open violations of this Constitution.



Article 14

No citizen of the Detinus Republic may be extradited to foreign nations, unless a bilateral extradition treaty has been signed with said nation, but never for political crimes. The citizenship may not be revoked.
Non-citizens are treated as citizens if they have been granted political asylum.



Article 15

All citizens have the right to aggregate freely in organisations and may form political parties.
All so formed organizations shall follow democratic principles. Organizations aimed at impairing or destroying the democratic nature of the Detinus Republic are inconstitutional. The Judiciary decides upon the inconstitutionality of said organizations.



Article 16

1. Each citizen has the right to send, alone or in groups, petitions or gripes to the responsible authority or the Senate, Government or Speaker.

2. Referendums may be presented by all citizens, with at least two seconders, one of which must be a Senator. A referendum may not be invoked on decisions concerning single persons or cases. The proposal shall have the form of an inpersonal law. The Judiciary may declare the inconstitutionality of any referendum aimed at destroying the free, democratic nature of the Republic or its Constitution.



Article 17

All citizens of the Detinus Republic may call upon the Republic to enforce their rights.



Article 18

No citizen with a personal vested interest may participate in votations or decisions regarding his person or interests. If he is a member of the council required to express a vote on the subject,then he shall abstain.
Cases of conflict, which may include other members of said person's family, will be decided upon bythe Judiciary.



Article 19

This Constitution and all Detinus Republic law apply to:


a) All citizens of the Detinus Republic regardless of where they are;


b)All sentient beings that exist within, or move through an area of space that is part of the Detinus Republic or has been claimed by the Detinus Republic or where the law of the Detinus Republic has been found to apply;


c)All sentient beings whose actions do have an impact on Detinus Republic citizens or space;


d)All sentient beings for whom no other legislation can be determined to apply.




Part II - Organization of the Republic

Section I - The Senate

Article 20

The Senate of the Republic is composed of all colony governors of the Detinus Republic. Voting power is proportional to colony class.
Any decision taken by Senate is only valid with at least two-fifths of the Senators voting.
The law establishes cases of incompatibility with the position of Senator. Such cases will be decided upon by the Senate.



Article 21

Each Senator represents the Republic, is not bound to any mandate and is subjected to his or her conscience only.
Senators may not be called to respond for actions or votes expressed while fulfillingtheir duties.



Article 22

1. The Senate may veto the nomination or removal of the members of Government, with an absolute majority, and controls their actions. They may be forced to resign with a motivated motion of no-confidence. Such motions need to be approved with an absolute majority.

2. Motions of no-confidence need to be signed by at least one-fifth of the Senate in orderto be presented. No two motions of no-confidence may be presented for the same reason within three months.



Article 23

1. The legislative powers are exercised by both Senate and the Government.

2. The Senate may approve laws and directives with a simple majority. These laws and directives shall usually be of skeletal nature, leaving the details to the Government and/or Provinces.
Any single Senator may present such prosposals.

3. Senate may veto any decision taken by the Government with an absolute majority. Such a veto does not imply the resignation of the Government.



Article 24

1. Each Senator or the Senate as a whole may request information from the Government. Such requests must be fulfilled unless said information is classified.
2. The classification of information is decided upon by the Speaker, who is also politically responsible for it.
Requests issued by Senate as a whole may only be refused by the Speaker under special circumstances and for reasons of extreme importance. Said reasons must be communicated to the Senate immediately and a procedure of accusation against the Speaker may be invoked as a result of this action.

3. Informations regarding the general political situation may not be classified.



Article 25

The Senate deliberates the state of war, proposed by the Speaker and grants the necessary powers to the Government. The proposed declaration of war presented by the Speaker shall be motivated and include the goals and limits of the same.
The Senate may revoke the state of war at any time with a motivated request approved by a two-thirds majority. In this case the special powers attributed to the Government are revoked immediatly and a cease-fire to be negotiated as soon as possible. If the Speaker or Government refuse to abide by this deliberation, they may be placed under accusation according to the normal procedures.




Section II - The Speaker of the House

Article 26

The Speaker of the House is the head of state and represents the unity of the Republic.
The Speaker:
Nominates the Government.
Invokes a Referendum in the cases established by this Constitution.
Nominates the functionaries of the Republic.
Accredits and recieves diplomatic representatives of foreign nations and signs international treaties, upon recievingauthorization by the Government, where needed.
Commands the armed forces and declares the state of war, approved by Senate.
May grace and transform penal sentences, according to existing laws.
Awards the honours of the Republic.




Article 27

1. Any citizen with civil and political right who has been in the Republic for over one year may candidate for Speaker of the House. Former Speakers are expressly allowed to recandidate.
The position of Speaker is incompatible with that of Minister, Magistrate, Assistant Magistrate and Prefect.

2. The Speaker is elected by all citizens of the Republic at least one month before the previous Speaker's mandate expires. Each Starcaptain or Governor recieves a single vote. Each family may contribute with a maximum of three votes for Starcaptains and three votes for colony Governors.
In case there is only a single candidate, he or she is elected if voted by an absolute majority of citizens.
If two or more candidates are present the one with the relative majority and meeting a quorum of at least two-fifths is elected. Otherwise the two candidates recieving most votes are presented for a final ballott.




Article 28

The Speaker of the House, before assuming its functions, swears fealty to the Republic and observance to the Constitution before the asssembly of Senate.



Article 29

The Speaker of the House is not responsible for acts taken while fulfilling its duties, except for high treason and attempt upon the Constitution.
In such cases the Senate places him/her under accusation with a three-fifths majority of its members.




Section III - The Government

Article 30

The Government is composed of the Speaker and all Ministers of the Republic. Each member of Government, other than the Speaker, shall be attributed a unique area of administration at the Speaker's discretion.
Decisions taken by each Minister are the personal responsibility of the same and the collective responsibility of the Government.



Article 31

All Ministers of the Republic are nominated and may be removed by the Speaker. Such decisions may be vetoed by Senate with an absolute majority. The mandate of each Minister terminates with the election of a new Speaker.
Upon nomination they shall swear fealty to the Republic and it's Constitution before the assembly of Senate.
The position of Minister is incompatible with that of Magistrate and Assistant Magistrate.



Article 32

All decisions taken by Government, with the exceptions of those taken by single members, shall be discussed and voted in a Council of Ministers, presided by the Speaker.
A simple majority is required for decisions in the Council of Ministers, with the Speaker's vote being decisive in the event of a tie.
All legislative initiatives presented by a member of Government must pass through the Council of Ministers and, upon approval, be transmitted to Senate for discussion.



Article 33

Decisions taken by a single Minister may be discussed in the Council of Ministers if requested. These will only be effective if approved by the same, otherwise they become inapplicable.




Section IV - The Judiciary

Article 34

The judiciary forms an autonomous body. Its members are irremovable, may not be influenced from the outside and are only subjected to the law.
Its members may not contemporarily hold an executive position, such as Speaker, Minister or Prefect.



Article 35

1. The Speaker, within one month from its election, nominates the Magistrate of the Republic for the duration of fifteen (15) months. The Magistrate can only be removed during his term of office after placing it under accusation and may recandidate.

2. The Magistrate may only be accused for high treason and attempt to this Constitution. To do so the Speaker shall present a formal request to the Senate which must approve the same with a two-thirds majority. In this case the Speaker removes the Magistrate from its office and emits a verdict.



Article 36

1. The Magistrate may nominate, with the approval of the Speaker, no more than one citizen for every full ten Senators to act as Assistant Magistrates for the duration of his own term of office only. Assistant Magistrates may only be removed after being placed under accusation.

2. To place an Assistant Magistrate under accusation the Speaker or Magistrate shall present a formal request to the Senate which must then approve the same with an absolute majority. In this case the Magistrate may remove said Assistant from its office and emits a verdict.



Article 37

1. The Judiciary is composed of the Magistrate and all existing Assistants.It is in charge of judging all cases of conflict established in this Constitution as well as questions of interpretation of the same. Furthermore it shall decide on all cases of dispute between institutions of the Republic and may be called to mediate or decide all other cases.

2. The Judiciary has consultive and propositive powers towards the Senate and Government on legal issues. It may be called to jointly express a juridical opinion on all matters regarding the laws of the Republic.



Article 38

1. All verdicts of interpretation of the Constitution or disputes between institutions of the Republic must be taken with an unanimous vote of the judiciary.
These decisions cannot be appellated.

2. All cases not related to interpretations of this Constitution or disputes between institutions of the Republic may be decided upon by a single member of the judiciary.
Appellation is allowed and the new trial will be judged by the judiciary as a whole.




Section V - Provinces and Colonies

Article 39

The Republic is divided into Provinces and Colonies.
The Provinces and Colonies are constituted as autonomous entities with their own powers and functions according to the principles established in this Constitution.



Article 40

1. Each Province has the right to establish it's own provincial laws along the principles of this Constitution and of republican laws, to better match local circumstances.

2. Republican law overrides provincial law in all cases of conflict.
Such cases of conflict will be decided upon by the Judiciary.



Article 41

1. Each Province is headed by the Prefect as representative of the central government.
The Prefect has the right to establish provincial laws and to emanate directives.

2. The Government decides the cases in which to establish or, under special circumstances, revokeprovincial status after hearing the local representatives.

3. The capital of the Province is usually, but not necessarily, the largest Colony in the same. The capital is established, and may be changed, by the central government after hearing the local representatives.
The leader of this capital is appointed to Prefect.



Article 42

1. All colony leaders of a Province form the Provincial Council ofthe same. Voting power in the Council is distributed according to the method used for Senate.

2. The Provincial Council has consultative, propositive and veto powers towards the Prefect.
A veto may be placed upon any provincial law or directive emanated by the Prefect with a simple majority in the Provincial Council. Such cases will be mediated by the central government or appointed representative.

3. The Provincial Council may request the resignation from the current Prefect with a motivated resolution approved by a majority of it's members. In this case the Prefect will abstain from participating to the votation. The request will be reviewed by the Government and is not binding, unless the last three actions of the Prefect have all been successfully vetoed.



Article 43

The Colonies are the fundamental structure on which the Republic is based. Each Colony has the unrevokable right to be represented both in Senate and, in the cases where they are part of a Province, in the Provincial Council.
Colonies retain full economic freedom, with the single limitations stated in this Constitution.



Article 44

The Government may levy taxes, in money and material, for each Colony to contribute, in reasonable amounts and according to its wealth, to the expenses of the Republic or Province.
The Government and, where applicable, Prefect may coordinate, direct and harmonize the actions of all Colonies in order to fulfill its goals. Unless special circumstances warrant it, each Colony retains it's full economic autonomy. Cases of conflict will be decided upon by the Judiciary.



Article 45

New self-sufficient Colonies may be created freely and without any authorization in all systems under republican jurisdiction.
The Government may temporarily restrict this right by law and only in sectors deemed of extraordinary strategic importance.
If public help is required or the colony's self-sufficience will not be guaranteed, the Government and/or, if applicable, Prefect shall be informed beforehand. Thesewill decide about the feasibility of the project.



Article 46

1. The Speaker nominates new colony governors in cases of vacancy. Such nominations shall, if at all possible, be distributed to families without other colonies rather than those who already run a colony.

2. In cases of extraordinary gravity, namely for high treason or abusing the position, the Speaker is enpowered to remove a colony governor. Apellation to the Judiciary is possible and will be decided according to the procedure for constitutional conflicts.




Section VI - Constitutional Changes

Article 47

1. This Constitution may be amended by the Senate with a contitutional law.
Constitutional laws may either be passed by Senate with a single deliberationgathering a three-quarter majority or by two subsequent deliberations with a three-fifth majority separated in time by at least two months.
Constitutional laws altering Part I of this Constitution must be approved by a three-quarter majority in Senate.

2. Constitutional laws, regardless of their approval by Senate, may be presentedas referendum. The referendum may be presented by any citizen of the Republic,with at least two seconders, one of which must be a Senator. The subsequent referendum is approved if it meets an absolute majority of votes and a quorum ofat least one out of two citizens voted for the same.



Article 48

The Republican form of state may not be subjected to constitutional revision nor may the liberal and democratic spirit of the Constitution be restricted.
Namely it is forbidden to remove the institutions of the Senate, Government and Speaker of the House or to alter their fundamental functions.





Appendix - Final Notes and Transitory Regulations

Article 49

No family may appoint more than three Senators or one fifth of the members of Senate,whichever is greater.
A 'family' is defined as a group of characters played by the same person.
All cases of incompatibility are relative to the entire family of said person rather than the single citizen.



Article 50

All decisions to be taken by a council shall be circulated per email at least two days before their discussion. The discussion itself shall generally last no longer than five days, usually ending with a votation. Complex issues may be divided into smaller parts for discussion.
In cases of urgency, declared by the Speaker, the times for presentation and discussion may be halved. The urgency may be revoked with an absolute majority of the deciding council.



Article 51

The vow of fealty to the Republic for the Speaker and Ministers after accepting their functions, shall be emailed to all Senators in case of impossibility of their meeting within three days.



Article 52

The following requirements are necessary, but not automatically sufficient, for Colonies to be deemed as 'self-sufficient'.
Being at least class three with enough food, mining and factory production to meet the natural growth of the population and producing a surplus to trade with other colonies within six weeks from creation. The minimum garrison force needed is the equivalent of four thousand (4,000) points of damage in the naval quarter with a minimum accuracy of 70%, and ground forces for six thousand (6,000) air combat and ten thousand (10,000) short range combat factors. The air combat factors may be added towards the short range combat factors. Every quarter shall contain at least one hundred (100) shields each.



Article 53

Lord Abraham Crowthorne is the Speaker of the House until 12.199 when new elections for the position of Speaker will be held.
Reonald E. Silver is the Magistrate until 47.198 when new elections for the position of Magistrate will be held.
Ministers of the Republic are:



This Constitution shall be followed as fundamental law of the Republic by all citizens and institutions of the Republic.


New Tate, 12.197




Lord Abraham I. Crowthorne,
Speaker of the House of Lords



R.E. Silver


Ronald E. Silver,
Magistrate of the Republic