Fundamental Law of Qym

Fundamental Law of Qym
Overview
Jurisdiction	Qym
Ratified	DAY MONTH 2193
Date effective	DAY MONTH 2193
System	Absolute monarchy
Government structure
Branches	Two (royal and judiciary)
Chambers	Royal Consultative Assembly
Executive	King
Judiciary	Two (Royal and Supreme)
Federalism	Unitary
Last amended	DAY MONTH 2193

The Fundamental Law of Qym is a constitution-like charter promulgated by Bacha XII in 2193. The Fundamental Law defines Qym as an absolute monarchy, governed directly by the King of Qym. It creates separations of power between the King, who promulgates and implements laws, and the courts, which makes judgment about them. In addition the Fundamental Law gives a number of fundamental rights to people in Qym, including due process, freedom of expression, freedom of religion and freedom of association. The Fundamental Law applies to all persons in Qym, not just Qymish citizens.

Content

Chapters

Chapter 1: Fundamental rights

Chapter 1 is a bill of rights, with all rights deemed equal in value and importance, and held to be universal and valid in all times and places. They include:

• Equality before the law (Article 1).
• Right to due process (Article 2).
• Nationality, citizenship and right to reside in the country (Article 3).
• Jus de non evocando (Article 4).
• Right to liberty (Article 5). This right can be limited by formal law. Subarticle 2 safeguards access to the competent judge for anyone detained; this judge has the power to order the release of the detainee, like in the common law habeas corpus doctrine. In fact all relevant laws order the authorities to obtain approval from the judge within a certain time limit, but deny to the detainee access by his own initiative until that limit has been reached. Subarticle 3 contains the penal law obligation of the authorities to ensure that a trial takes place and is finished within a reasonable period of time. Subarticle 4 states that all fundamental rights of a detainee can be limited in the interest of his detention.
• Right to property (Article 6). Expropriation is only allowed to serve the public interest and on the condition that prior formal assurance is given of suitable indemnity, meaning that some exact sum has to be determined. It has to be based on law. Subarticle 2 states that in an emergency situation the prior assurance has not to be given — in those cases the amount of compensation will be determined later. Subarticle 3 extends this arrangement to cases of destruction, partial damage, total loss and limitations of the right to property, caused by the competent authority to serve the public interest. Normal cases of damage are ruled by the civil code.
• Right of written petition (Article 7).
• Freedom of religion (Article 8).
• Freedom of expression and freedom of the press (Article 9).
• Freedom of assembly and association (Article 10). This right can be limited by formal law, but only to safeguard public order. Any assembly or organization posing a considerable danger to public order in the broadest sense is forbidden. Qymish legal doctrine holds that the freedom of association does not protect against forced membership of organizations, e.g. when such membership is a condition for being active in certain professions.

These first rights were the only ones present in the original 2193 document. The remainder were added starting in the 24th century.

• Right to privacy (Article 11).
• Right to counsel (Article 12).
• Mobility rights (Article 13).
• Right to bodily integrity (Article 14). This article was added following the legalization of abortion.
• Right to life (Article 15). This article was added following the abolition of capital punishment, to prevent its reinstitution.
• Environmental protections (Article 16). This article imposes a duty on government to ensure the habitability of the land and the protection and improvement of the environment.
• Right to die (Article 17). This article was added following the legalization of euthanasia.
• Right to repair (Article 18).