Fundamental Law of Qym

Fundamental Law of Qym
File:Coat of arms of Qym.png
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.

The Fundamental Law is considered a "constitution-like charter" and not a formal "constitution" despite being the supreme law of Qym and effectively limiting the King's powers. That is because modern nomenclature pertaining to constitutional monarchies uphold principles of liberal democracies. The qualitative term of "semi-constitutional monarchy" has sometimes been attributed to Qym, but became disused due to the clear statements within the Fundamental Law that Qym is an absolute monarchy. Qym is also different from semi-constitutional monarchies where the monarch usually exercises executive power on a par with a president (as in Tamodia), whereas the King of Qym also exercises direct legislative and indirect judicial power.

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 and early 25th centuries.

• 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).

Chapter 2: Government

§1: King

Section 1 outlines the role of the King of Qym. He is the head of state, a symbol of the Kingdom of Qym's unity and permanence. He is also the head of government and the sole entity with legal authority to make law. Every law is promulgated by him, in his name, and is his responsibility to implement as the absolute monarch. As such, the King represents both the executive branch and the legislative branch, summarized as the "royal branch" in the Qymish political system. The judicial branch, although considered separated in form, is an extension of the King's authority, as he names the judges of both the Royal Court and the Supreme Court.

§2: Duties and rights

Section 2 outlines the duties and specific rights of the King of Qym. He notably:

• Promulgates and implements laws for the benefit of his subjects.
• He signs and ratifies international treaties.
• Ensures the proper functioning of public authorities and the continuity of the State.
• Ensures national independence, territorial integrity, and respect for treaties.
• Appoints individuals to civil and military positions within the State.
• Accredits ambassadors and envoys extraordinary to foreign powers; foreign ambassadors and envoys extraordinary are accredited to him.
• Commands the Qymish Armed Forces, and chairs the councils and higher committees of national defense.
• He benefits from sovereign immunity, which he can extend to his family members at his discretion.
• He has the right to grant clemency under the royal prerogative of mercy.

§3: Succession

Section 3 outlines the rules for succession to the Qymish throne:

• Only direct male-line descendants of Bacha I, the first King of Qym, are allowed to ascend the throne.
• The new king must be at least 30 and under 75 years of age to ascend the throne.
• The line of succession is determined by the principle of agnatic primogeniture.
• A potential successor is deprived of his rights to the crown if he marries without the consent of the king (or the consent of those exercising the king's powers). The lost right may be re-established by the king (or by those exercising the king's powers).
• Should there be no eligible descendant of Bacha I by the time the reigning king reaches 74 years of age, he may name an adopted son of suitable age as his heir presumptive.
• No foreign head of state may become King of Qym.

§4: Abdication and delegation

Section 4 outlines the abdication and delegation rules for the King of Qym. These include:

• The King automatically abdicates the throne to his successor upon reaching 75 years of age.
• The King may not freely abdicate the throne during his reign, but may delegate his duties to a regent as a substitute ruler.

§5: Government and royal ministers

Section 5 outlines the roles of the Government of Qym and its royal ministers. These include:

• The King presides over and directs the actions of the Government. He may delegate certain of his powers to royal ministers.
• The Government determines and conducts the nation's policy for the benefit of the public.
• It has at its disposal the administration and the use of force.
• Membership in the Government is incompatible with holding any public employment or any professional activity.

Chapter 3: Legislation and Administration

§1: Laws and decrees

• The Fundamental Law is the supreme law of Qym, and any law that is inconsistent with the provisions of the Fundamental Law is, to the extent of the inconsistency, of no force or effect.
• The Fundamental Law may only be amended following the provisions outlined in Chapter 6.
• The King is advised on legal matters by the Royal Consultative Assembly, which can propose a new law to the King.

Chapter 4: Administration of justice

This chapter regulates the Qymish judicial system. U/C

Chapter 5: Administrative divisions and other public bodies

This chapter notably outlines that duchies, marches, and counties form the first-level administrative divisions of Qym and have equal powers over their respective jurisdiction. They are further divided into baronies, the second-level administrative division, and into municipalities, the third-level administrative division. All of these administrative divisions can be established and abolished by formal law, hereby indicating the three levels of territorial division. Administrative divisions are responsible for making decisions regarding all areas of competence that can best be implemented at their level.

Chapter 6: Amending the Fundamental Law

The initiative to amend the Fundamental Law belongs concurrently to the King. To unilaterally amend the Fundamental Law, the changes must not remove any provision and may only add new ones that don't contradict existing provisions within the Fundamental Law. No amendment may be initiated or pursued when the integrity of the territory is threatened, such as in the case of Qym being at war. The absolute and royal form of government may not be subject to amendment.