Constitution of the Cordoba Empire
The Cordoba Empire
The Cordoba Empire Constitution
Constitution, Government
the Cordoba Empire Constitution
Preamble
In furtherance of the desire of all people to be free, to gather together, and to determine their own destiny, His imperial Majesty Arturo the First has created this constitution for the Cordoba Empire to protect its citizens and their rights in humble acknowledgement of God who is the source of all justice, all freedom, and all good.
Chapter I The Cordoba Empire
Article 1 Citizenry and Language
(1) Citizens of the Cordoba Empire’s, people granted citizenship as detailed by this constitution or children who are either;
(a) Under the age of 18 at the time of the naturalization of their parent(s).
(b) Born after the naturalization of their parent(s).
(2) All citizens must take an oath of fealty at the time of naturalization or within of time following their 18th birthday as defined in this constitution. Failure to do so may result in penalties up to the loss of citizenship.
(3) The official languages of the Cordoba Empire is American English.
(4) The full name of the State of Cordoba is "The Cordoba Empire". The short form of the State's name is "Cordoba". The two-letter abbreviation is CE. Citizens are referred to as "Córdobian".
Article 2 Nature of the Cordoba Empire
(1) The Cordoba Empire is a sovereign, Absolute monarchy.
(2) This Constitution, as ratified by the Emperor as an instrument of his sovereignty and authority, is the ultimate law of the Emperor.
Article 3 Royal and National Heraldry, National Symbols, and National Capitol
(1) The flag of the Cordoba Empire is an ensign with a ratio of 3:5; the field shall be Green and blue, white star cross with a wolf to the left of the cross stag to the right of the cross and a crown above the cross.
(2) The coat of arms of the Cordoba Empire is a green & blue shield with a wolves and Stag.
(3) The national motto is "Our path is Freedom, our shield is Truth, our sword is Justice".
(4) The motto of the Royal Family is “Magna est Veritas et Praevalet, Nose defendat nostra.”.
(5) The national anthem of the Cordoba Empire is " For Glory" by Two Steps from Hell.
(6) The capitol of the Cordoba Empire is Mitchell Grove.
Chapter II Objectives of the Cordoba Empire
Article 4 General Constitutional Objectives
(1) The Kingdom holds as inherent and inalienable the rights of its people to freedom, dignity, and justice.
(2) The Kingdom promotes:
(a) The rights of its citizens as individuals and as a Empire.
(b) The welfare, health, and safety of its citizenry.
(c) The cultural identity of Córdoba citizens and the Kingdom.
(d) The development and preservation of a unique Córdoba culture.
(e) The creation and maintenance of the Cordoba Empire as a community
Article 5 Defense of the Empire
(1) It is the duty and obligation of the Empire to protect its citizens.
(2) The Empire takes adequate measures to preserve its integrity and the safety of its citizens even in times of war or civil war.
(3) The Empire protects its citizenry and its own integrity against violence and catastrophe.
Chapter III Organization of the Empire
Part I General Organization
Article 6 Citizens
(1) Citizens are the life of the Empire. Native and naturalized citizens are equal in the eyes of the Empire. To be a citizen a person must;
(a) Be 18 years of age or older and have sworn a valid oath of fealty to the Emperor. A person must be of sound mind to swear an oath of fealty.
(b) Be 17 years of age or younger or be incapable of swearing a valid oath of fealty and be the child or legal ward of a citizen.
(2) Citizens cannot be involuntarily deprived of their citizenship except as defined by this constitution. Citizens wishing to relinquish their citizenship may do so by delivering a written, public, signed letter of repudiation of citizenship to the Ministry of State, the Ministry of Foreign Affairs, the Royal Household, any ambassador, consul, or official diplomat, or any member of the royal family.
(a) Any repudiation of citizenship must state that the citizen knowingly and willingly requests a full and permanent removal of their citizenship in the Cordoba Empire.
(b) As a repudiation of citizenship is the breaking of an oath of fealty individuals that do so are barred from ever re-applying for citizenship in the Empire. Nor may they be employed by or for the government of the Empire or its agencies.
(3) Refusal to swear the oath of fealty as described in this constitution shall be considered to be a willful refusal of citizenship. Upon turning 18 years old a citizen has 6 months to either swear the oath of fealty or be declared mentally incompetent. If either condition is not met, that person relinquishes their citizenship, but is free to apply for citizenship after the age of 25.
(4) The right to vote is not universal.;
(a) Be a citizen of the Cordoba Empire as defined in Article 6 section 1 of this Constitution
(b) Be mentally competent
(c) Be male
(d) Be at least 18 years old
(e) Not be barred due to penalties imposed by the courts for a specific conviction
(f) Have valid census information on file with the Ministry of State
(g) Have met the minimum education standards of the Empire as defined in this Constitution, demonstrated by formal test
Article 7 Organizational Principles
(1) The powers and rights of the Córdoba government are expressions of the Emperor’s sovereignty. Executive, judicial, and legislative powers cannot be separated in the peasants of the Emperor or in the institution of the Empire. This constitution establishes the Emperor’s power to ensure just and moral government in the interests of the Córdoba people.
Article 8 Powers of the Empire
(1) The Empire reserves for itself exclusive jurisdiction over the following subjects:
(a) Defense of the nation. No person may raise or maintain armies, militias, armed vessels, or private military forces except as formally authorized by Edicts of Ennoblement or as a duly-appointed Royal Governor with direct authorization by the Emperor. All armed forces, navies, armed vessels, or militias are under the authority of the Emperor.
(b) Foreign relations. No private citizen, senator, councilor, noble, or other citizen of the Empire may engage in diplomacy with foreign states without being formally charged as an ambassador by the Emperor or the Minister of Foreign Affairs.
(c) Economic regulations including banking, securities, stocks, bonds, commodities, and other financial instruments, markets, or institutions.
(d) Infrastructure, utilities, and traffic including canals, roads, thoroughfares, rivers, streams, lakes, public computer networks, electricity distribution, gas distribution, and all similar systems.
(e) Taxation, to include levies, tariffs, and duties.
(f) Private, criminal, and procedural law.
(g) Educational and technical training standards.
(h) Weights and measures.
(I) The coining, printing or other creation of money, as well as the establishment of its value.
(j) The establishment of professional standards, the licensing of professionals, and the enforcement of such standards.
(k) The regulation and registration of patents, copyrights, and trademarks and the enforcement of such standards.
(l) The regulation of waterways, seaways, airspace, and related transportation controls.
(m) The use of the electromagnetic spectrum for communications, other media, or any form of commercial or non-commercial use.
(n) The definition of marriage, contract law, corporate nature and structure, the definition of public morals, private moral behavior, and other such matters of family and social morality.
(o) All other matters which, by their nature or because of their relations to above listed subjects, require national control.
(2) The Empire may grant its sovereign powers to international or supranational bodies, including systems of mutual collective security and trade organizations, as long as it retains the right to withdraw from such organizations at will, may rescind its rights fully unto itself at any time, is assured an adequate level of representation in those bodies and those bodies guarantee sufficient legal protection for the citizens of the Empire. If membership or participation in such a body requires the violation of the rights enumerated in this constitution the Empire shall not join or participate in such a group.
(3) As agents of the Crown, Nobles are given special powers to legislate, police, and enforce these powers. Failure to fulfill these duties can be grounds for negligence.
Part II Representation of the Empire
Article 9 The Sovereign
(1) As the source of the Empire and its sovereignty, the Sovereign is the embodiment of the Empire and its citizens as well as the head of state and the chief executive. Within the constitution the term 'Emperor' shall apply to the Sovereign regardless of the actual gender of the Sovereign.
(2) The full title of the Emperor shall be "His imperial Majesty (name) , Emperor of
Cordoba, Defender of the People". The short title shall be "His Imperial Majesty, (name)". If the sovereign is female, the word "her" shall replace "his" and "Empress" shall replace "Emperor”.
(3) The Emperor has the right to review and approve or disapprove legislation, the right of High Justice, and the sole right to conduct foreign affairs and all other representative functions of the State.
(4) The Emperor ascends to the throne of the Cordoba Empire upon the death, abdication, or removal of the previous sovereign.
(5) The Heir Designate is chosen in accord with the rules of primogeniture. If no living male descendent exists or if all living male descendants are ineligible, the Emperor select another Heir Designate according to agnatic-cognatic inheritance based upon the bloodlines of the then-reigning Emperor. If no such relative exists or if all such relative are ineligible, the Emperor may select a female heir following the same process. If there is still no eligible heir, the Emperor may select an heir via proximity of blood, males first and then females. If no eligible relative exists within 7 degrees of relationship Emperor may appoint a Duke, Count, Earl or one of their descendants as the Heir Designate. The Heir Designate shall assume the throne pursuant to Part II, Article 9, Item 2, above. The Heir Designate shall be styled His Highness, the Crown Prince or Her Highness, the Crown Princess. In exception, spouses shall retain their existing title(s).
(6) The Cordoba Empire inherited as a fideism commissary, although the granting of territory, land, or other assets as fiefdoms is permitted.
(7) Without royal edict, all noble titles, lands, properties, etc. shall also be bound by the inheritance laws described in Article 10, items 5 through 7 with the following exceptions
(a) There is no requirement for a noble or his heirs to be Catholic unless such a requirement was included in the Edict of Entitlement.
(b) If there are no eligible relatives via proximity of blood all inheritance shall revert to the Emperor or superior liege lord.
(8) If the Heir Designate is under the age of 18 a Regent shall be appointed by the Emperor. If the Emperor dies without designating a regent, or if the regent dies or is convicted of a felony before the majority of the heir, the living spouse of the former Emperor shall be made Regent excepting the designation of heirs, until the majority of the Emperor.
(10) if the Emperor is found by three independent medical experts to be permanently incapable of fulfilling his duties Will abdicate from his throne to the Heir Designate shall immediately assume the throne.
(11) If the Emperor is temporarily incapacitated his duties will be fulfilled by the Royal Spouse and the Heir Designate.
(12) The Emperor may announce his abdication by Royal Decree. Such a Decree of Abdication must name the Heir Designate and Regent, if required.
Part III Executive Power
Article 10 The Emperor
(1) The executive powers and privileges of the Empire are solely the Emperor’s, although some of those powers and privileges are partially extended to others.
(2) The Emperor may delegate some of his powers to subordinates, providing;
(a) No power, right, or ability of the Emperor may be permanently granted to any individual, office, ministry, or group,
(b) the Emperor may rescind any such rights to himself at any time,
(c) the Emperor shall always have the responsibility of oversight of the exercise of his delegated powers,
(d) the powers of High Justice, Supreme Commander of the Armed Forces, designation of heirs, and dissolution of the Assembly are solely the Emperor’s and may never be delegated.
(3) The Emperor appoints national Ministers, subject to the approval of the Assembly, and may dismiss them freely.
(4) The Emperor can dismiss all ambassadors and may dismiss them freely.
(5) The Emperor appoints all judges, subject to the approval of the Assembly, and may dismiss them as detailed in this Constitution.
(6) The Emperor appoints all Governors, subject to approval of the Assembly, and may dismiss them freely.
(7) The Emperor has the right to designate national holidays, days of mourning, and days of reflection.
(8) The Emperor has the right to create and promulgate Orders of Knighthood and titles of Nobility, excepting that the charters of such Orders and titles shall not infringe upon the constitution or the laws of the Kingdom.
(9) The Emperor is Supreme Commander of the Armed Forces.
(10) The Emperor retains the sole right to dissolve the Assembly. This right may only be exercised in accordance with this Constitution.
(11) The Emperor has the right to issue Noble titles, lands, property, and monies as he sees fit.
(12) The Emperor may issues letters of marque and reprisal
(13) The Emperor exercises his rights through Royal Decrees. As instruments of the sovereign power of the Emperor Royal Decrees have the force of law.
Article 11 The Nobility
(1) The Nobility of the Cordoba Empire consists of those citizens granted a noble title by the Emperor or by a noble with the Right of Endearment. The Emperor grants titles of nobility at will. Nobles granted the Right of Endearment may exercise that right as defined in their own Edict of Ennoblement, subject to the approval of the Emperor and their own liege, as appropriate. Members of the Nobility are officers of the government and are granted special rights by law.
(2) Titles, precedent, Rights of Endearment, and inheritability are established by the Emperor via the Edict of Ennoblement which creates a new noble. If a lesser Noble is endeared by a Noble other than the Emperor, these terms shall be limited as per the Emperor’s original Edict of Ennoblement and any sub-liege’s own strictures.
(3) The Royal Family is, by definition, first in precedence and honors.
(4) All Nobles have a duty and responsibility to act as examples of the highest ideals of the Empire. The Emperor can rescind the titles and duties of nobles and noble families for Treason, Sedition, moral turpitude, or being negligent in their responsibilities to the Empire.
(a) A Noble facing the removal of titles for moral turpitude or negligence can appeal to the Emperor. If the Emperor is showed absolute evidence to overturn then the noble may retain his titles and positions.
(b) The stripping of titles shall also include the forfeiture of all grants of money, stipends, income, property, or land granted as part of either titles or duties.
(c) All titles, lands, incomes, stipends, property, or other goods, honors, and titles, shall revert to the King or to the liege lord who granted the title(s) and position(s). The responsibilities of the lands and peoples of the former noble shall also revert to the Emperor or other grantor of title(s) and position(s).
Article 12 The Cabinet
(1) The members of the Cabinet aid the Emperor in his exercise of executive power. They also advise the Emperor on matters of State.
(2) Members of the Cabinet must be Nobles.
(4) The Emperor nominates members of the Cabinet.
(5) Approval or rejection must be made by the Emperor.
(6) It is the duty of the members of the Cabinet to grant their advice to the Emperor on matters of State.
(7) Members of the Cabinet may resign their positions at will by a public and written declaration delivered to the Emperor. The Cabinet position will be vacant immediately upon receipt of such a declaration.
(8) The Emperor may remove members of the Cabinet at will and need not have cause or approval.
(9) Cabinet members found guilty of Treason, Bribery, or non-involuntary Murder must be removed by the Emperor. Such a reason may not be kept private and unpublished.
(10) If a Ministerial position becomes vacant the Emperor retains all of the rights and privileges
of the position himself until a new member of the Cabinet is confirmed.
Article 13 The High Chamberlain
(1) The High Chamberlain shall have the highest precedence within the cabinet.
(2) The High Chamberlain is concerned with the internal affairs of the Empire to include; transportation, infrastructure, utilities, education, labor, housing, social welfare, and the environment. He is the senior member of the Cabinet and head of the Ministry of State.
(3) The High Chamberlain shall oversee all set forth in this Constitution.
(4) The High Chamberlain shall maintain a constant Census of citizens of the Empire. Every tenth year he/she shall oversee a Grand Census. The Emperor may call for a Royal Census; the Grand Census and Royal Census shall be the best efforts possible to the Empire to accurately count each and every citizen of the Empire. The Emperor may not call a Royal Census within 35 months of a previous or planned future Grand census. Further the Emperor may not call a Royal Census within 23 months of a past Royal Census. Otherwise, the Emperor may call a census at will. The Grand Census and Royal Census shall be used to determine the size. All Census and Royal Census information shall be freely available to the Emperor, the courts and the Assembly.
(5) the High Chamberlain is a Noble, he will be called the Lord High Chamberlain.
Article 14 The High Chancellor
(1) The High Chancellor shall be second in precedence within the cabinet.
(2) The High Chancellor is concerned with the relationship of the Cordoba Empire with other States and organizations of States and is the head of the Ministry of Foreign Affairs.
(3) The High Chancellor shall oversee the activities of all ambassadors, consuls, and diplomats. In particular, the High Chancellor will ensure that such Royal officers properly represent and advance the best interests of the Cordoba Empire in the performance of their duties.
(4) The High Chancellor shall serve as Ambassador-at-Large for the Empire, representing Cordoba at critical negotiations, summits, and treaty signings as determined by the Emperor.
(5) the High Chancellor is a Noble, he will be called the Lord High Chancellor.
Article 15 The High Treasurer
(1) The High Treasurer shall be third in precedence within the cabinet.
(2) The High Treasurer is concerned with the economy of the Empire, to include banking, taxation, and the coining of money and is the head of the Ministry of Finance.
(2) The High Treasurer shall oversee the Royal Treasury, the Royal Bank, and all Royal economic endeavors.
(3) The High Treasurer will work closely with the Emperor to draft a proposed budget for the Assembly.
(4) At such time as the Assembly approves a budget, the High Treasurer, in consultation with the Emperor and the High Chamberlain, shall set the taxes for the forthcoming year. The proposed taxes shall be submitted to the Emperor for approval no later than one month after the approval of a new budget. The Emperor may accept, reject, or modify the proposed taxes as he sees fit, but must publicly announce the final tax schedule no later than November 15 of the current year.
(5) The High Treasurer shall maintain copies of all financial records of the Empire. Such records shall be freely available to the Emperor.
(6) the High Treasurer is a Noble, he will be called the Lord High Treasurer.
Article 16 The High Constable
(1) The High Constable shall be called the fourth in precedence.
(2) The High Constable is concerned with the enforcement of Law and the protection of the citizens of Cordoba from criminal threats and is the head of the Ministry of Justice.
(3) The High Constable shall oversee the activities and procedures of; all law enforcement personnel, departments, and groups; all prisons, prison guards, and other corrections agencies; all Royal search, rescue, relief, and aid agencies. The High Constable shall ensure that all Royal justice officers properly represent and advance the best interests of the Cordoba Empire in the performance of their duties.
(4) The High Constable and his official records shall be available to the Emperor for assistance at all times.
(5) if a Noble, the shall be called the Lord High Constable.
Article 17 The High Marshall
(1) The High Marshall shall be fifth in precedence within the cabinet.
(2) The High Marshall is concerned with the defense of the Empire from outside threats and is the head of the Ministry of the Army and Navy.
(3) The High Marshall shall oversee all Royal military forces; he will ensure that the members of the armed forces conduct themselves in accordance with this Constitution and the Laws of the Empire.
(4) If a Noble, he shall be called the Lord High Marshall.
Article 18 The High Steward
(1) The High Steward shall be sixth in precedence within the cabinet.
(2) The High Steward is concerned with maintaining information related to the Empire and its activities.
(3) The High Steward shall oversee the Royal Library, the Assembly's Library, the Royal Archives, and all Royal media, including telephone, radio, television, and internet communications.
(4) The High Steward shall maintain separate copies of the Record of Legislation provided to him by the Secretary of the Council.
(5) If a noble, he shall be called the Lord High Steward.
Article 19 Royal Advisors
(1) The Emperor may appoint as many as three Royal Advisors to the Cabinet.
(2) Royal Advisors head no Ministry and may not be members of the Judicial branch nor the Assembly.
(3) The King may empower Royal Advisors to act as ambassadors, spokesmen, or as assistants to the various Ministers. Their prime duty, however, is to give their advice to the Emperor .
Article 20 Other Cabinet Positions
(1) Additional Cabinet positions may be created by the Emperor.
(2) If new Cabinet positions will head ministries, the specific scope and duties of the new Ministerial position must be defined at the time the position is created.
Chapter IV Legislative Power
Article 21 The Earl Marshal
(1) The Earl Marshal presides over all meetings of the Council as its President and Chairman.
(2) The Earl Marshal appoints a fellow Councilor as Secretary of the Council. The Secretary of the Council creates and .maintains the Record of Legislation.
(3) It is the duty of the Earl Marshal to advise the Emperor on matters of State.
Article 26 Rights of Members of the Assembly
(1) Members of the Assembly may not be subjected to judicial or civil action for a vote cast or a statement made by them in the Assembly or in any of its committees, excepting only acts of Sedition, Blasphemy, Calumny against the Religion, High Treason, or High Treachery.
(2) Members of the Assembly may not be arrested or detained while physically present at a formal Conclave without the approval of the Emperor .
(3) Remuneration for members of the Assembly is to be determined by legislation. If such remuneration exists, it may not be excessive. Any changes made to remuneration may not take effect until after the then-current session of the Senate ends.
Article 27 The Legislative Process
(1) Potential legislation (called Bills) may only be introduced by the Emperor.
(2) All members of the cabinet must vote "yes", "no", or "abstain" on every
Bill submitted for consideration.
(a) the Emperor has final approved.
Article 28 Treaties
(1) The Emperor retains the sole right to sign treaties with other States and organizations of States.
(2) The Cabinet must ratify any treaty signed by the Emperor if needed.
(3) If the cabinet fails to ratify or decline a treaty within two conclaves of the Emperor's signature, it is ratified by default.
(4) Any treaty that, in whole or in part, violates this Constitution shall be null and void.
Article 29 State of Emergency
(1) In situations of grave and immediate threat to the existence of the
Empire, the Emperor or both the head of state and commander of the armed forces, may declare a State of Emergency.
(2) During a State of Emergency all powers of the Empire; executive, legislative, and judicial; are returned to the person of the Emperor . The Emperor may use Royal Decrees to promulgate Laws, issue legal judgments, and suspend all personal rights save the Right to Life
(3) A State of Emergency shall last no more than six months, although the Emperor or Cabinet may declare another immediately.
(6) A State of Emergency can be ended by Royal Decree.
(7) All laws, legal judgments, and other such Royal Decrees issued by the Emperor during a State of Emergency shall have the full force of law for the duration of the emergency. All such laws must be ratified as per new legislation to extend more than 30 days beyond the end of emergency powers. Legal judgments and those powers normally retained by the Emperor remain in full force.
Chapter V Judicial Power
Article 30 The Courts
(1) Judicial power is a function of the Emperor’s sovereignty. Judicial power is to be applied justly and fairly.
(2) Judges are appointed by the Emperor or his Nobles. Their time in office is determined by the Emperor, the appointing Noble, by the terms of this Constitution, or by legislation. Any judicial tenure must be reasonable and uniform.
(3) Members of the Peerage may not be appointed as judges to any court but the High Tribunal.
Article 31 The High Tribunal
(1) The High Tribunal is the highest court of the Empire and decides issues that cannot be resolved by lower courts. In particular, the High Tribunal has jurisdiction over cases on appeal from Royal Courts as the High Tribunal deems necessary to review.
(2) Cases before the High Tribunal are never heard before a jury; all decisions are solely the decisions of of the High Tribunal. This does not change the requirement for open hearings and sentences, nor does it limit the Emperor’s power of High Justice.
(3) The High Tribunal consists of three members. Members of the High Tribunal must be citizens retaining the right to vote and cannot hold any other position within the government of the Empire or its Provinces while serving as a member of the High Tribunal. They further may hold no other office for one full year after leaving the High Tribunal.
(4) Members of the High Tribunal are appointed for a period of 10 years.
(5) The senior judge of the High Tribunal shall be appointed the High Judge by the Emperor; the High Judge shall preside at all meetings of the High Tribunal as its President and Chairman.
(6) In the event that two or more members of the High Tribunal are equal in seniority, the Emperor shall appoint one of them High Judge at his pleasure.
(7) A session of the High Tribunal shall last each year from the first Monday in the month of February until the first Friday in the month of November. The High Tribunal shall conduct its business during its sessions.
(8) The period between sessions is to be used to review the decisions of the Royal Courts for the year and to examine potential future cases before the High Tribunal.
(9) The High Judge may declare two periods of recess per session. Such periods of recess shall last one month and must be separated by no less than 2 months.
(10) A member of the High Tribunal may resign his position by a public and written declaration delivered to the Emperor or to the Cabinet if the Emperor is unavailable.
(11) The Emperor may remove a member of the High Tribunal for High Treason, Bribery, or conviction for any other felony.
(12) A member of the High Tribunal may also be removed by the Emperor for dereliction of duty, malfeasance, or incompetence.
(13) The Emperor alone has the right of High Justice, which allows him to amend, modify, reduce, or nullify a ruling of any court, including the High Tribunal, or to pardon persons condemned by any court, including the High Tribunal. High Justice does permit the Emperor to affect his own removal from the throne.
(14) The High Tribunal cannot remove the Emperor from the throne except in accordance with this constitution, nor may the High Tribunal nullify any element of the Emperor’s powers.
Article 32 Royal Courts
(1) The courts below the High Tribunal which administer Crown Justice, called the Royal Courts, are created by Royal Decree.
(2) Royal courts have supreme jurisdiction over matters assigned to them by Royal Decree.
(3) Separate Royal courts shall be established for private law, penal law, and general public law. They shall consist of Provincial Courts, Appellate Courts, and Review Courts for each branch of the Royal Courts.
(4) Any citizen may appeal a ruling of the Royal Courts to the Emperor ; the Emperor is free to accept or decline such a request at his pleasure. The Emperor is also free to review the decisions of the Royal Courts at his pleasure.
(5) Decisions of the Royal Courts of Review may be appealed to the High Tribunal.
(6) The High Tribunal decides by extraordinary review in cases of inconsistent application of the law by different Royal courts.
(7) The Emperor must remove Judges of Royal Courts for Treason, Murder, and Bribery or conviction for a felony.
Article 33 Noble Courts
(1) The Lower Courts, or Noble Courts, are created by Noble Decree by the authority of the privileges granted to certain nobles by the Emperor.
(2) Noble Courts are established by Peers and the Gentry of the rank of Baronet and above. Such courts must meet within the territory of their establishing noble. If the noble has no established territory, the court must convene in a space accessible to the citizens for whom the noble is responsible. Noble Courts must meet regularly during times accessible to the citizens of the fiefdom without undue interference with labor or worship and must allot sufficient time for the proper discharge of justice.
(3) The authorizing noble shall preside at their own Noble Court. A qualified representative, as determined by Royal standards, may be appointed by the noble as Judge to preside over and judge each case. The authorizing noble is in all ways responsible for the conduct of his own courts and judges.
(4) Noble Courts have primary jurisdiction over common law, family law, misdemeanors, real estate, property disputes, and all other legal matters not specifically limited to higher courts.
(5) Persons judged by Noble Courts may appeal to the Noble Court of the liege lord of the authorizing noble of their primary trial, if such exists. Such appeals may then proceed to the Royal Courts.
(6) Authorizing nobles have the right of Low Justice over their own courts, allowing them to modify or nullify the verdict of the judges they appoint. The exercise of Low Justice may be appealed as detailed in Article 33, item 5.
Chapter VI The Statement of Rights
Article 34 Basic Rights
(1) The Empire acknowledges that all citizens are equal in their basic rights and that such rights are inalienable.
(2) The Empire and its government shall guarantee its citizens the rights set forth in this Constitution subject only to the limits defined by legislation necessary in a free and just Empire.
Article 35 The Right to Life
(1) The most fundamental of all rights is the Right to Life.
(2) Empire shall make laws that can invoke the penalty of death.
(3) No person may assist another in voluntarily ending his or her own life.
(4) In the instance of brain death, as determined by competent medical authority, a person's life may be ended in the following cases;
(a) The person has a written and legally binding will or living will specifically requesting the cessation of artificial life support in case of brain death.
(b) The person's next of kin explicitly requests, in writing, that the person be removed from artificial life support.
(c) In the absence of either a will or a next of kin, the Royal Courts shall appoint a competent person to be the citizen's ward. Within three months of their appointment this ward shall determine, to the best of their ability, if the citizen in question would request removal from artificial life support. This determination will be presented, in writing, to the court of appointment. The court of appointment shall then act upon this decision in a timely manner.
(5) All such termination of artificial life support shall be administered by appropriate medical personnel with full concern for the person’s dignity.
(6) In the absence of a medically determined state of brain death all forms of euthanasia are forbidden.
(7) For purposes of the law life begins at the time of conception. Therefore, abortion is prohibited.
Article 36 The Right to Freedom
(1) The Right to Freedom is considered to be of particular importance to the Empire, government, and citizens of the Cordoba Empire.
(2) The Empire shall make no laws that limit the freedom of a person's thought, belief, or religion except where the practice of such beliefs or religion can be demonstrated to endanger others or deprive others of their basic rights. In such cases the practice of such beliefs or religion shall be limited, not the holding of them.
(3) While the official religion of the Empire is Christian the citizens have equal basic rights in the eyes of the law. Certain positions in the Empire may require that their holders must be Christian, but this shall be restricted to members of the Royal Family, Royal Chaplains and other similar positions.
(4) The Empire shall make no law that limits the freedom of speech, except in the case of public order, public morality, sedition, treason, blasphemy, or calumny against the Church. A person who exercises their freedom of speech is also responsible for the abuse of that right to commit libel, slander and other crimes.
(5) The Empire shall make no laws preventing the peaceful assembly of people in public or private, except where such assembly interferes with normal commercial activity or is inherently dangerous to those assembling or to others. Further, groups advocating sedition, treason, murder, or blasphemy are not protected from legal consequences for their statements and actions. No public assembly under arms may be considered peaceful.
(6) The Empire shall make no laws limiting the right of the people to organize into associations or political parties, except where; said organizations or political parties use, threaten the use of, or advocate violence against the citizens, nobility, government, or other members or entities of the Empire; or where such groups deprive or attempt to deprive other citizens of their basic rights. Further, groups which advocate or commit acts of treason, sedition, blasphemy, or calumny against the Church are not protected.
(7) No person may be arrested without a warrant issued by a member of the Peerage or a judge except in cases of direct observance of a crime by an agent of the Crown or member of the Peerage. A warrant shall not be issued without probable cause. All warrants must name the place(s) to be searched and the item(s) or person(s) to be seized.
(8) Slavery is forbidden within the Cordoba Empire, its territories, protectorates, and any other realms controlled by the Empire.
(9) No person may be held without being charged with a crime except in times of declared emergency.
(10) Parents have the right and responsibility to determine the course of education for their children. The Empire shall not limit the rights of parents to educate their own children regardless of the limits of their means and circumstances. The Empire cannot make public education compulsory. Children should be educated toward a commonly-held minimum standard, regardless of their source of education.
(a) For purposes of reading, the minimum education standard is the ability to understand similes and metaphors and the ability to identify the plot of a four-paragraph narrative in a written document
(b) For purposes of writing, the minimum education standard is the ability to write a grammatically-correct two- to four- paragraph narrative of a situation described by a tester.
(c) For purposes of math, the minimum education standard is the ability to make change and tell time
Article 37 The Right to Dignity
(1) Each and every person has the right to dignity and just treatment. While the Empire and its officers cannot provide dignity, the citizens of Cordoba are equal in the law regardless of income, position, education, religion, origin, or status.
(2) Torture, not to include corporal punishment, is forbidden.
(3) Cruel and unusual punishments shall not be inflicted, nor excessive fines imposed.
(4) The Empire and the Law shall respect the privacy of each individual to as great an extent as is possible while still ensuring the safety and security of all citizens. The privacy of an individual, family, group, or any other entity cannot shield them from the investigation of a crime or potential crime. Further, considerations of privacy do not prevent the Empire from establishing and enforcing statutes and laws concerning public order, morals, public safety, familial structure, personal morals, and family morals.
(5) Personal property may not be taken without due compensation, except where such confiscation is imposed as a fine by the courts. Such fines may not be excessive. The forfeiture of lands, properties, titles, etc. due to a revocation of a Writ of Entitlement shall never be considered excessive.
(6) All persons accused of a crime shall be presumed innocent until proven guilty. The accused must be informed of the accusation. No person shall be forced to testify against him or herself. The accused have the right to confront their accuser(s). No person may be forced to testify against their spouse. Evidence gained in a manner contrary to the laws of the Empire or this Constitution shall be inadmissible in court.
(7) Forced labor is forbidden, except as part of a punishment imposed by the courts. Such punitive labor may not be cruel or unusual in its nature or performance.
(8) The Empire shall make no laws that discriminate against persons based upon their race.
(9) All accused persons shall receive a trial in a timely manner. All trials will be public unless the courts deem that a public trial will be harmful to defendants, litigants, the Crown, or those who testify. The accused may request a trial by jury; the courts, except the High Tribunal, must honor such a request.
Chapter VII Crimes Against the Empire
Article 38 High Crimes
(1) Certain crimes so affect the structure of the Empire that they are termed High Crimes. The High Tribunal will try those accused of these crimes.
(2) High Treason is an attempt by a citizen or citizens to overthrow the government of the Empire by overt or covert acts, or to kill or injure the Empire or the Royal Family.
(3) Sedition is the incitement of resistance to or insurrection against the Empire or the government of the Empire. The advocacy of violence against the Royal Family shall also be punished as Sedition.
(4) Perfidy is the intentional breaking of any Oath of Fealty, or falsely entering into such an Oath, by the oath-taker of lower precedence. High Treachery is the same crime committed by a Noble toward a lower-precedence oath-taker.
(5) Blasphemy is any public act, public utterance, or public writing against God with the purpose of dishonoring the Divine Majesty. For the purposes of the law, Blasphemy shall also include sacrilege (the theft, destruction, profanation, or misuse of any holy relic, piece of a sacramental and sanctified altar service, or the holy Eucharist). The mere use of profanity is not the High Crime of Blasphemy in and of itself.
(6) Calumny against the Church is any public act, public utterance or public writing that is disparaging toward or promotes hatred or contempt of the Church, the Saints, the bible, or dogma.
(7) Those found guilty of a High Crime may appeal to the Empire.
(8) People guilty of High Treason, Sedition, Perfidy, or High Treachery may not hold any position within the government of the Empire and lose the all right. Nobles found guilty of such crimes may be stripped of all titles and lands. The rights may be returned after a period of 10 years by an Act of the Emperor, but this is not required. Additional penalties may be imposed by the High Tribunal.
(9) People guilty of Blasphemy or Calumny against the Church may never hold a place in the judiciary and are barred for 5 years. Further, they lose the right to vote for 5 years. Nobles may be stripped of all lands and titles. Additional penalties may be imposed by the High Tribunal.
Chapter IIX Laws
Article 39 Social Law
(1) A citizen’s gender is their choice . (a) In cases of chromosomal syndromes that make such determination difficult a group of independent medical experts shall make a determination (b) If the medical board cannot reach a consensus, the person shall be considered female for purposes of the law (2) Marriage is defined as being between two people that love each other . (a) All marriage must be contractual and licensed; ‘common law’ marriage is not permitted (3) Abortions are illegal. (a) unless mother and/or child are in danger . (b) or in case of a rape. (4) Sharia law is illegal. (5) Any and all treason & treasonous acts will be punished. (a) up and including death. (6) The Cordoba Empire is a nation of second chances. (a) it is a sanctuary. (b) unless the crime is commented in the Cordoba Empire and/or its territorys. (c) sexual based crime are not aloud in the Cordoba Empire or territory's and they will be punished by the law of the Empire.