Constitutional History of Kiravia: Difference between revisions
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==Kiravian Federal Constitution== | ==Kiravian Federal Constitution== | ||
The events of the XXth century, most importantly the Continental War, placed great strain on the Confederal government, and led many in the Kiravian political class to believe that a comprehensive overhaul of the constitution was necessary in order to enable the government to address issues such as the settlement of the interior and Northwest, overseas commerce and colonisation, burgeoning domestic interstate trade, and military affairs. | The events of the XXth century, most importantly the Continental War, placed great strain on the Confederal government, and led many in the Kiravian political class to believe that a comprehensive overhaul of the constitution was necessary in order to enable the government to address issues such as the settlement of the interior and Northwest, overseas commerce and colonisation, burgeoning domestic interstate trade, and military affairs. | ||
===1934 Convention=== | |||
Amid growing unrest and public disorder, [[1934 Constitutional Convention|a constitutional convention]] was scheduled for the {{wp|vernal equinox}} of 1934. Elections to the Convention were conducted in late November/early December 1933 by the Gregorian calendar. | |||
The Socialist camp forced the dissolution of the Convention, marking the beginning of the [[Kiravian Civil War]]. | |||
==Constitution of the Kiravian Union== | ==Constitution of the Kiravian Union== |
Latest revision as of 14:35, 15 June 2024
The Constitutional History of Kiravia begins with the framing of the Confederative Covenant that created the Confederal Republics of Kiravia in 2XXXZ, and continues down to the Restoration Constitution of 211XX that serves as the supreme law of the present-day Kiravian Federacy, encompassing a long process of amendments and constitutional court rulings between the promulgation of new constitutions. Continuity is a key theme of Kiravian constitutional history, with successive constitutions building on the foundations of previous constitutions, whether formally or merely in practice.
Confederative Covenant
The constitution of the Confederal Republics of Kiravia, the Confederative Covenant, evolved from a deliberative process begun during the Republican Revolution, principally within and among the tavern-based Committees of Correspondence during the war. The Joint Declaration of Confederation, signed by representatives from several of the Republican provisional legislatures, established the Confederal Republics as a political entity and laid out certain fundamental principles by which it was intended to operate, but deferred the business of creating a permanent constitution to an Inter-Republican Council convened first at Fort Kartika, on the banks of the Pentecost River in 2XXXX, and then at Eriadun in 2XXXY.
The Confederative Covenant attempted to balance the need for a full-time legislative body - inspired by the Stanora of the First Coscivian Empire and necessitated by the comparative weakness of the executive branch - with the new confederation's large size and the expectation that Delegates would have significant political and personal business to attend to in their home states. It did so by establishing that the full membership of the Stanora would convene twice annually, with one session obligated to pass a budget, leaving one third of the membership (one Delegate from each state) in Kartika for the remainder of the year as a standing legislature.
Kiravian Federal Constitution
The events of the XXth century, most importantly the Continental War, placed great strain on the Confederal government, and led many in the Kiravian political class to believe that a comprehensive overhaul of the constitution was necessary in order to enable the government to address issues such as the settlement of the interior and Northwest, overseas commerce and colonisation, burgeoning domestic interstate trade, and military affairs.
1934 Convention
Amid growing unrest and public disorder, a constitutional convention was scheduled for the vernal equinox of 1934. Elections to the Convention were conducted in late November/early December 1933 by the Gregorian calendar.
The Socialist camp forced the dissolution of the Convention, marking the beginning of the Kiravian Civil War.
Constitution of the Kiravian Union
The new constitution adopted by the Supreme Soviet in 2XXXX laid out an "integral political union" (altakevix ostrathūra) that exhibited strong centralist characteristics without fully abrogating federalism. It also constitutionally entrenched the primacy of the Kirosocialist Party and introduced the notion of directive principles of state policy.
Restoration Constitution
As affirmed in the Xzth Amendment, the constitution adopted in 211XX by the National Renewal Movement is considered to be a restoration of the pre-2XXXW federal constitution. However, when the constitution was restored by the [entity], it was with a number of amendments appended to the original text. These amendments applied certain changes to governance made during the period of exile, and also carried over some aspects of the Kirosocialist constitution deemed necessary to keep in place for practical reasons.
Many of the amendments adopted with the Restoration Constitution, dubbed the "Technical Amendments" by scholars, were adopted on the advice of legal experts and civic groups in order to update the original Federal Constitution to reflect new political realities that had emerged since its suspension, and to patch holes and clarify ambiguities in the original text that had been identified as potentially problematic.
The change of official pretitle from *Federation*/*Federal Republic* to *Federacy* was inspired by the Capetian Federacy.
Statute of Liberties
The Statute of Liberties (Fîlon Helvikorskya) is a statement of the civil rights and freedoms guaranteed to Kiravians by the federal government. Although it subsists as an independent document separate from the Kiravian constitution, it is nonetheless a core component of Kiravian constitutional law. The two documents are codependent, referencing one another in numerous clauses, and most Kiravian constitutional scholars are of the opinion that neither document is supreme over the other (though dissenting opinions have been published).
The first incarnation of the Statute of Liberties was the Charter of Guarantees (Sávren Advartoskya), which was promulgated by the Second Inter-Republican Council several days after the Confederative Covenant. The Confederative Covenant had established confederal courts to adjudicate cases arising from interstate and foreign commerce, disputes among the various states and citizens of different states, and maritime affairs; and the Charter of Guarantees was written to define the rights accorded to parties before these courts.
The Kiravian Union officially considered the Statute of Liberties to have become defunct with the adoption of the new Kirosocialist constitution, and replaced it with a Declaration of the Rights of the People that included many positive rights, such as a right to livelihood, while omitting or narrowing other rights deemed incompatible with the socialist project.
The Statute of Liberties was restored by the National Renewal Movement in 211XX.