First Constitution of Vallejar: Difference between revisions
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=== | == Preámbulo == | ||
" | [[File:Cover of the first Vallejarian constitution.webp|thumb|Cover of the first Vallejarian constitution]]''"At the dawn of our history, when the shadows of oppression loomed over us, the people of Vallejar rose with a unified cry for the freedom that would resonate through the ages. We forged our identity in the flames of struggle, weaved our unity in the fabric of resistance, and now, at the summit of our destiny, we solemnly proclaim this Constitution, the cornerstone of our kingdom.'' | ||
Centuries ago, when oppression manifested in tangible and spiritual chains, our ancestors bore the | ''Centuries ago, when oppression manifested in tangible and spiritual chains, our ancestors bore the burden of a foreign yoke. But in the darkness of subjugation, the seed of freedom sprouted. Small rebellions, silent uprisings, and acts of individual courage sowed the first cracks in the edifice of domination, signaling the awakening of a people that would not be contained. The annals of our past are marked by echoes of those small revolutions, whispers that resonated in the valleys and mountains of Vallejar. In the years 1815, 1816, and 1817, the flames of resistance burned with increasing intensity. Each spark ignited the hearts of those longing for a tomorrow where oppression would find no home.'' | ||
''It was in the grace-filled year of 1818 that the cry for independence reached its zenith. In an act of audacity and determination, we proclaimed the sovereignty of Vallejar, declaring to the world that we were and will forever be masters of our destiny.'' | |||
''The War of Independence unleashed was not just an armed conflict but a pilgrimage of sacrifice and resistance, where the motto 'honor or death' echoed as a sacred refrain in every corner of our land. From epic battles to negotiations infused with the essence of our people, the war not only freed us from foreign chains but also provided the opportunity to forge our own destiny.'' | |||
''It was in Vallejar, at the summit of the sacred mountain of Vallejar, in the extinct locality of Vallejar, where we sealed our independence with the ink of resistance. The blood shed, the tears shed, and lives offered became the lasting tribute to our freedom. This Constitution is the testimony of that struggle, a beacon that will guide future generations. It lays the foundations of a Vallejar where justice is intrinsic, freedom is inalienable, and brotherhood is the soul nurturing our community.'' | |||
''We entrust our aspirations and values to the pages of this sacred document, committing to preserve and protect the flame lit by those who came before us. Thus, with humility and determination, we proclaim this preamble as the echo of our past, the pulse of our present, and the promise of our future.'' | |||
''May this Constitution, like an eternal covenant, lead Vallejar to the greatness it deserves. Given under our hand and sanctioned with the love and hope of the people of Vallejar, on this solemn and significant day. May Vallejarian Christianity guide our way, and may the flame of freedom burn eternally on our horizon!"'' | |||
Given under our hand and sanctioned with the love and hope of the people of Vallejar, on this solemn and significant day. | |||
May Vallejarian Christianity guide our | |||
[July 26, 1831] | [July 26, 1831] | ||
== Constitutional Preamble == | |||
=== National Order === | |||
Article 1. | |||
Article 1 | |||
1.1. Vallejar | 1.1. Vallejar is established as a social and legal State, advocating freedom, justice, equality, and pluralism as the supreme values of its legal system. | ||
1.2. National sovereignty resides in the will of God, represented by the king on earth, from whom | 1.2. National sovereignty resides in the will of God, represented by the king on earth, from whom the powers of the state emanate, and upon whom rests the responsibility for the good governance of the state, always for the benefit of the people. | ||
1.3. The political form of the Vallejarian State is | 1.3. The political form of the Vallejarian State is the absolute theocratic monarchy. | ||
1.4. The people have, in any case, the right to tyrannicide and revolution if the | 1.4. The people have, in any case, the right to tyrannicide and revolution if the designated head of state fails in their duties or engages in improper practices contrary to the ethical principles of the constitution and the law. | ||
Article 2. | |||
Article 2 | |||
The Vallejarian nation is absolutely indivisible | The Vallejarian nation is absolutely indivisible in any case, a common homeland for all Vallejarians, recognizing and guaranteeing the right to autonomy for the ethnicities, nationalities, and regions that make up the state, and solidarity among them. | ||
Article 3. | |||
Article 3 | |||
3.1. Spanish is the official language of the State. All Vallejarians have the duty to know it and the right to use it. | 3.1. Spanish is the official language of the State. All Vallejarians have the duty to know it and the right to use it. | ||
3.2 The richness of the different linguistic modalities | 3.2. The richness of the different linguistic modalities of Vallejar is a cultural heritage that will be subject to special respect and protection. | ||
Article 4. | |||
Article 4 | |||
4.1. The only official flag of Vallejar is the Cross of Santiago. | 4.1. The only official flag of Vallejar is the Cross of Santiago. | ||
4.2. The flag is a symbol of unity and equality among Vallejarians; all citizens are represented by the flag. | 4.2. The flag is a symbol of unity and equality among Vallejarians; all citizens are represented by the flag. | ||
4.3. Disrespecting the flag will be considered an | 4.3. Disrespecting the flag will be considered an outrage to the homeland and will incur a penalty determined by law. | ||
4.4. The use of unofficial flags with claims or demands | 4.4. The use of unofficial flags with claims or demands against the law and the values of the state will be removed; furthermore, those who perform such actions will be penalized by the determined law. | ||
4.5. The national flag will be displayed and taught in all official and public buildings, aiming to represent the nation throughout the state. | 4.5. The national flag will be displayed and taught in all official and public buildings, aiming to represent the nation throughout the state. | ||
Article 5. | |||
Article 5 | |||
The capital of the state is the city of Alhama la Nueva | The capital of the state is the city of Alhama la Nueva, where the powers of the state, emanated from God, represented by the king, reside. | ||
Article 6. | |||
Article 6 | |||
6.1. The creation of political parties is unnecessary due to the state's mode of government; likewise, unions are not recognized by the government. However, representative organizations or social | 6.1. The creation of political parties is unnecessary due to the state's mode of government; likewise, unions are not recognized by the government. However, representative organizations or representative social organizations are validated and recognized. | ||
6.2. Representative organizations will not be funded by the state but will be maintained by the members themselves. | 6.2. Representative organizations will not be funded by the state but will be maintained by the members themselves. The organizations must be organized by the members themselves and have the sole purpose of improving the areas concerning the same members of the organizations. | ||
6.3. The right of representative organizations to be heard by the | 6.3. The right of representative organizations to be heard by the government bodies required if the objective or cause is valid is guaranteed. Also, government bodies have the obligation to listen to representative organizations if the objective or cause is valid. | ||
Article 7. | |||
Article 7 | |||
7.1. The Armed Forces | 7.1. The Armed Forces are constituted by the Army, the Navy, the Air Force and the Spacial Force, with the mission of guaranteeing the sovereignty and independence of Vallejar, defending its territorial integrity, protecting all citizens in every situation, and defending the constitutional order. | ||
7.2. The law may modify the organization and composition of the | 7.2. The law may modify the organization and composition of the military, as well as add, modify, or eliminate their functions according to the context, situation, and need. | ||
Article 8. | |||
Article 8 | |||
8.1. All citizens and government bodies are subject to the Constitution and the rest of the legal | 8.1. All citizens and government bodies are subject to the Constitution and the rest of the legal system. | ||
8.2. It is the responsibility of public authorities to promote conditions for the real and effective freedom and equality of | 8.2. It is the responsibility of public authorities to promote the conditions for the real and effective freedom and equality of the individual and the groups in which they integrate; to remove obstacles that prevent or hinder their fullness and facilitate the participation of all citizens in political, economic, cultural, and social life. | ||
8.3. The Constitution guarantees the | 8.3. The Constitution guarantees the principle of legality, normative hierarchy, the publicity of norms, the non-retroactivity of sanctioning provisions unfavorable or restrictive of individual rights, legal security, responsibility, and the prohibition of arbitrariness of public authorities. | ||
Article 9. | |||
Article 9 | |||
9.1. Vallejarian nationality is acquired, preserved, and lost | 9.1. Vallejarian nationality is acquired, preserved, and lost in accordance with the law. | ||
9.2. No Vallejarian by birth | 9.2. No Vallejarian by birth may be deprived of their nationality. | ||
9.3. The State may | 9.3. The State may enter into treaties of dual nationality with countries that have had or have a particular connection with Vallejar. | ||
Article 10. | |||
Article 10 | |||
Majority age is reached at 18 years. | |||
Article 11. | |||
Article 11 | |||
The State is territorially organized into municipalities and administrative regions. Municipalities enjoy autonomy for the management of their respective interests. | |||
Article 12. | |||
12.1. All Vallejarians have the same rights and obligations anywhere in the territory of the State. | |||
12.2. No authority may adopt measures that directly or indirectly hinder the freedom of movement and establishment of individuals and the free movement of goods throughout the Vallejarian territory. | |||
Article 13. | |||
The Constitution guarantees the autonomy of municipalities. They will enjoy full legal personality. Their government and administration belong to their respective City Councils, composed of Mayors and Councilors. Councilors will be elected by the residents of the municipality through universal, equal, free, direct, and secret suffrage, as established by law. Mayors will be elected by the Councilors or by the residents. The law will regulate the conditions under which the open council regime should proceed. | |||
Article 14. | |||
Groups of different municipalities can be created. | |||
=== | === I. Civil Rights and Duties === | ||
Article | Article 15. | ||
15.1. Foreigners will enjoy in Vallejar the public freedoms guaranteed by this Title, on the terms established by treaties and the law. | |||
15.2. Extradition will only be granted in compliance with a treaty or the law, following the principle of reciprocity. Extradition will be excluded for political crimes, not considering acts of terrorism as such. | |||
15. | 15.3. The law will establish the terms in which citizens of other countries and stateless persons may enjoy the right of asylum in Vallejar. | ||
Article 16. | |||
Vallejarians are equal before the law, with no discrimination prevailing based on birth, race, sex, religion, opinion, or any other personal or social condition or circumstance. | |||
Article 17. | |||
Article | |||
17.1. The dignity of the person, the inviolable rights inherent to them, the free development of personality, respect for the law, and the rights of others are the foundation of political order and social peace. | |||
17.2. The rules concerning fundamental rights and freedoms that the Constitution recognizes will be interpreted in accordance with the Universal Declaration of Human Rights and the treaties and international agreements on the same matters ratified by Vallejar. | |||
Article 18. | |||
Everyone has the right to life and to physical and moral integrity, although, in necessary cases, they may be subjected to torture. The death penalty is recognized as a measure of justice. | |||
Article 19. | |||
Article | |||
19.1. The ideological, religious, and worship freedom of individuals and communities is guaranteed without more limitation, in its manifestations, than necessary for the maintenance of public order protected by law. | |||
19.2. No one can be forced to declare their ideology, religion, or beliefs. | |||
19.3. No confession will have a state character. Public authorities will take into account the religious beliefs of the Vallejarian society and will maintain the corresponding cooperative relations with the Vallejarian Church. | |||
Article 20. | |||
20.1. Every person has the right to freedom and security. No one may be deprived of their freedom except in accordance with the provisions of this article and in cases and in the manner provided by law. | |||
20.2. Pre-trial detention cannot last longer than strictly necessary for the conduct of investigations aimed at clarifying the facts, and, in any case, within a maximum period of seventy-two hours, the detainee must be released or made available to the judicial authority. | |||
20.3. Every detained person must be informed immediately, and in a way that is understandable to them, of their rights and the reasons for their detention, and they cannot be forced to testify. The assistance of a lawyer to the detainee in police and judicial proceedings is guaranteed, as established by law. | |||
The | 20.4. The law will regulate a "habeas corpus" procedure to produce the immediate submission to judicial authority of anyone detained illegally. Likewise, by law, the maximum duration of provisional imprisonment will be determined. | ||
Article 21. | |||
21.1. The right to honor, personal and family privacy, and one's own image is guaranteed. | |||
The | 21.2. The home is inviolable. No entry or search may be made without the consent of the owner or a judicial resolution, except in the case of a flagrant crime. | ||
21.3. The secrecy of communications, especially postal, telegraphic, and telephonic, is guaranteed, except by judicial resolution. | |||
21.4. The use of information technology will be limited by law to ensure the honor and personal and family privacy of citizens and the full exercise of their rights. | |||
Article 22. | |||
Vallejarians have the right to freely choose their residence and move within the national territory. They also have the right to enter and leave Vallejar freely under the terms established by law. This right cannot be limited for political or ideological reasons. | |||
Article 23. | |||
The following rights are recognized and protected: | |||
a) The right to freely express and disseminate thoughts, ideas, and opinions through speech, writing, or any other means of reproduction. | |||
b) The right to literary, artistic, scientific, and technical production and creation. | |||
c) Academic freedom. | |||
d) The right to freely communicate or receive truthful information through any means of dissemination. The law will regulate the right to conscientious objection and professional secrecy in the exercise of these freedoms. | |||
Article 24. | |||
24.1. The right to peaceful assembly without weapons is recognized. The exercise of this right does not require prior authorization. | |||
24.2. In the case of gatherings in public places and demonstrations, prior notice will be given to the authorities, who can only prohibit them when there are well-founded reasons for disturbing public order with a danger to persons or property. | |||
Article 25. | |||
25.1. The right to association is recognized. | |||
25.2. Associations pursuing illegal purposes or using means classified as crimes are illegal. | |||
25.3. Associations formed under this article must register for publicity purposes only. | |||
25.4. Associations can only be dissolved or have their activities suspended by a motivated judicial resolution. | |||
25.5. Secret and paramilitary associations are prohibited. | |||
Article 26. | |||
26.1. Citizens have the right to participate in public affairs through representative organizations. | |||
26.2. Likewise, they have the right to access public functions and positions on an equal basis, with requirements established by law. | |||
Article 27. | |||
27.1. Everyone has the right to effective legal protection of their rights and legitimate interests, without any possibility of defenselessness. | |||
27.2. Likewise, everyone has the right to the predetermined ordinary judge established by law, to defense, legal assistance, to be informed of the charges against them, to a public and timely trial with all guarantees, to use relevant means of evidence for their defense, not to testify against themselves, not to confess guilt, and to the presumption of innocence. The law will regulate cases where, due to kinship or professional secrecy, there is no obligation to testify about presumed criminal acts. | |||
Article 28. | |||
Article | |||
28.1. No one can be condemned or sanctioned for actions or omissions that, at the time of occurrence, do not constitute a crime, offense, or administrative infraction according to the current legislation at that time. | |||
28.2. Deprivation of liberty penalties and security measures will be oriented towards reeducation and social reintegration, although in cases where it is not possible due to the nature of the crime or a life sentence, individuals may be obliged to contribute productively to society for their actions. Individuals serving a prison sentence will enjoy fundamental rights, except those expressly limited by the content of the convicting judgment, the purpose of the sentence, and the penitentiary law. | |||
28.3. Civil administration cannot impose penalties directly or subsidiarily involving deprivation of liberty. | |||
Article 29. | |||
Honor courts are prohibited in the civil administration and professional organizations. | |||
Article 30. | |||
30.1. Everyone has the right to education. The freedom of teaching is recognized. | |||
30.2. Education aims at the full development of the human personality in respect for the principles of coexistence and fundamental rights and freedoms. | |||
30.3. Public authorities guarantee the right of parents to ensure that their children receive religious and moral education in accordance with their convictions. | |||
30.4. Basic education is compulsory and free. | |||
30.5. Public authorities guarantee the right to education for all through a general education program, with the effective participation of all affected sectors, and the establishment of educational centers. | |||
30.6. Natural and legal persons are recognized the freedom to create educational centers, respecting constitutional principles. | |||
30.7. Teachers, parents, and, where applicable, students will participate in the control and management of all centers supported by the Administration with public funds, in the terms established by law. | |||
30.8. Public authorities will inspect and approve the educational system to ensure compliance with the laws. | |||
30.9. Public authorities will support educational centers that meet the requirements established by law. | |||
30.10. The autonomy of Universities is recognized, as established by law. | |||
Article 31. | |||
Article | |||
The right to strike for the defense of their interests is recognized for workers. The law regulating the exercise of this right will establish the necessary guarantees to ensure the maintenance of essential community services. | |||
Article 32. | |||
32.1. All Vallejarians have the right to individual and collective petition in writing, in the form and with the effects determined by law. 32.2. Members of the Armed Forces or military discipline bodies may exercise this right only individually and in accordance with their specific legislation. | |||
Article 33. | |||
33.1. Vallejarians have the right and duty to defend Vallejar. | |||
The | 33.2. The law will establish the military obligations of Vallejarians and will regulate, with due guarantees, conscientious objection, as well as other reasons for exemption from mandatory military service, being able to impose, if necessary, a substitute social service. 33.3. A civil service for the fulfillment of general interest purposes may be established. | ||
33.4. By law, the duties of citizens in cases of serious risk, catastrophe, or public calamity may be regulated. | |||
Article 34. | |||
34.1. Everyone will contribute to the support of public expenses through a fair tax system for all Vallejarians, which in no case will have confiscatory scope. | |||
34.2. Public spending will allocate resources equitably, and its programming and execution will respond to the criteria of efficiency, economy, and necessity. 35.3. Only personal or property public benefits may be established in accordance with the law. | |||
Article 35. | |||
Article | |||
35.1. Men and women have the right to marry with full legal equality. | |||
35.2. The law will regulate the forms of marriage, age and capacity to contract it, the rights and duties of spouses, causes of separation and dissolution, and their effects. | |||
Article 36. | |||
Article | |||
36.1. The right to private property and inheritance is recognized. | |||
36.2. The social function of these rights will delimit their content in accordance with the laws. | |||
36.3. No one may be deprived of their property and rights except for justified reasons of public utility or social interest, with the corresponding compensation and in accordance with the laws. | |||
Article 37. | |||
Article | |||
The right to establish foundations for general interest purposes is recognized, in accordance with the law. | |||
Article 38. | |||
Article | |||
All Vallejarians have the | 38.1. All Vallejarians have the duty to work and the right to work, to freely choose their profession or trade, to promotion through work, and to adequate remuneration to meet their needs and those of their family, without discrimination for any reason. | ||
38.2. The law will regulate a workers' statute. | |||
Article 39. | |||
The law will regulate the peculiarities of the legal regime of Professional Associations and the practice of titled professions. The internal structure and functioning of the Associations must be democratic. | |||
Article 40. | |||
40.1. The law will guarantee the right to collective labor negotiations between workers' representatives and employers, as well as the binding force of collective agreements. | |||
The | 40.2. The right of workers and employers to take collective action is recognized. The law regulating the exercise of this right, without prejudice to any limitations that may be established, will include the necessary guarantees to ensure the functioning of essential community services. | ||
Article 41. | |||
Article | |||
The freedom of enterprise is recognized within the framework of a market economy. Public authorities guarantee and protect its exercise and the defense of productivity, in accordance with the requirements of the general economy, and, where appropriate, its planning. | |||
Article 42. | |||
42.1. The right to health protection is recognized. | |||
42.2. Public authorities are responsible for organizing and overseeing public health through preventive measures and the necessary services and benefits. The law will establish the rights and duties of all in this regard. | |||
42.3. Public authorities will promote health education, physical education, and sports. They will also facilitate the proper use of leisure. | |||
Article 43. | |||
Article | |||
43.1. Public authorities will promote and protect access to culture, to which everyone has the right. | |||
43.2. Public authorities will promote science and scientific and technical research for the benefit of the general interest. | |||
Article 44. | |||
Article | |||
44.1. Everyone has the right to enjoy an environment suitable for personal development, as well as the duty to preserve it. | |||
44.2. Public authorities will ensure the rational use of all natural resources to protect and improve the quality of life, and to defend and restore the environment, relying on necessary collective solidarity. | |||
44.3. For those who violate the above, penalties, either criminal or, as appropriate, administrative, will be established according to the law, as well as the obligation to repair the damage caused. | |||
Article 45. | |||
All Vallejarians have the right to enjoy a dignified and adequate housing. Public authorities will promote the necessary conditions and establish relevant rules to make this right effective, regulating land use in accordance with the general interest to prevent speculation. | |||
=== II. State Economy === | |||
Article 46. | |||
46.1. Public authorities ensure the social, economic, and legal protection of the family. | |||
The | 46.2. Public authorities also ensure the comprehensive protection of children, treating them equally before the law regardless of their parentage, and of mothers, regardless of their marital status. The law will enable paternity investigations. | ||
46.3. Parents must provide all kinds of assistance to their children born within or outside of marriage, during their minority and in other cases legally established. | |||
46.4. Children will enjoy protection as provided in international agreements that safeguard their rights. | |||
Article 47. | |||
47.1. Public authorities will promote favorable conditions for social and economic progress and for a more equitable regional and personal income distribution within the framework of an economic stability policy. They will especially pursue a policy aimed at full employment. | |||
47.2. Likewise, public authorities will promote a policy that guarantees professional training and retraining; they will ensure safety and hygiene at work and guarantee necessary rest through the limitation of the working day, paid periodic vacations, and the promotion of suitable facilities. | |||
Article 48. | |||
A system of "Vallejarian backpack" will be maintained for all citizens in a generic way, guaranteeing the private management of the workers' own heritage in all cases. | |||
Article 49. | |||
The State will especially safeguard the economic and social rights of Vallejarian workers abroad and will orient its policy towards their return. | |||
Article 50. | |||
Public authorities will guarantee the conservation and promotion of the historical, cultural, and artistic heritage of the peoples of Vallejar and the assets that compose it, regardless of their legal status and ownership. The penal law will punish attacks against this heritage. | |||
Article 51. | |||
Article | |||
Public authorities will promote conditions for the free and effective participation of youth in political, social, economic, and cultural development. | |||
Article 52. | |||
Public authorities will carry out a policy of prevention, treatment, rehabilitation, and integration of physically, sensorially, and mentally disabled individuals, providing them with specialized care and special support for enjoying the rights granted to all citizens by this section. | |||
Article 53. | |||
The "Vallejarian Backpack" will be the method used to ensure economic sufficiency for citizens during old age. Additionally, and regardless of family obligations, their well-being will be promoted through a social services system that addresses their specific health, housing, cultural, and leisure issues. | |||
Article 54. | |||
54.1. Public authorities will guarantee the defense of consumers and users, protecting their safety, health, and legitimate economic interests through effective procedures. | |||
54.2. Public authorities will promote the information and education of consumers and users, encourage their organizations, and hear them on matters that may affect them, as established by law. | |||
54.3. Within the framework of the provisions of the previous paragraphs, the law will regulate domestic trade and the authorization regime for commercial products. | |||
Article 55. | |||
The law will regulate professional organizations that contribute to the defense of their own economic interests. | |||
Article 56. | |||
56.1. All wealth of the country in its various forms and regardless of its ownership is subordinated to the general interest. | |||
56.2. Public initiative in economic activity is recognized. By law, resources or essential services may be reserved for the public sector, especially in the case of a monopoly, and the intervention of companies may also be decided when required by the general interest. | |||
Article 57. | |||
Public authorities will effectively promote various forms of participation in the enterprise and encourage, through appropriate legislation, cooperative societies. They will also establish means that facilitate workers' access to the ownership of the means of production. | |||
Article 58. | |||
58.1. Public authorities will focus on modernizing and developing all economic sectors, particularly agriculture, livestock, fishing, and craftsmanship, to equalize the standard of living for all Vallejarians. | |||
58.2. With the same objective, special treatment will be given to mountainous areas. | |||
Article 59. | |||
Article | |||
59.1. The State, through law, may plan general economic activity to meet collective needs, balance and harmonize regional and sectoral development, and stimulate income and wealth growth and its more just distribution. | |||
59.2. The Government will develop planning projects according to the needs of each area and part of the state. To this end, a Council will be established, whose composition and functions will be developed by law. | |||
Article 60. | |||
Article | |||
The law will regulate | 60.1. The law will regulate the legal regime of public and communal property, based on the principles of inalienability, imprescriptibility, and non-seizability, as well as their disaffection. | ||
60.2. State public domain properties will be determined by law and, in any case, include the maritime-terrestrial zone, beaches, territorial sea, natural resources of the economic zone, and the continental shelf. | |||
60.3. By law, the State Heritage and National Heritage, their administration, defense, and conservation, will be regulated. | |||
Article 61. | |||
61.1. The original power to establish taxes belongs exclusively to the State, through law. | |||
61.2. Local Corporations may establish and demand taxes, in accordance with the Constitution and laws. | |||
61.3. Any fiscal benefit affecting state taxes must be established by law. | |||
61.4. Public administrations may only incur financial obligations and expenses in accordance with the laws. | |||
Article 62. | |||
62.1. The Government is responsible for the preparation, examination, amendment, and approval of the General State Budgets. | |||
62.2. The General State Budgets will be annual, including all expenses and revenues of the state public sector, and will specify the amount of fiscal benefits affecting state taxes. | |||
62.3. Once the General State Budgets are approved, the Government may submit bills implying an increase in public spending or a decrease in corresponding revenues for the same budget year. | |||
62.4. The Budget Law cannot create taxes. It may modify them when substantive tax law allows. | |||
Article 63. | |||
63.1. All Public Administrations will align their actions with the principle of budget stability. | |||
63.2. The State may not incur a structural deficit exceeding established limits. An organic law will set the maximum structural deficit allowed to the State in relation to its gross domestic product. Local Entities must present a balanced budget. | |||
63.3. The State must be authorized by law to issue public debt or incur credit. Credits to meet the interest and capital of public debt of the Administrations will always be included in the expenditure budget, with payment having absolute priority. These credits cannot be amended or modified as long as they comply with the conditions of the emission law. | |||
63.4. Limits on structural deficit and public debt volume can only be exceeded in the case of natural disasters, economic recession, or extraordinary emergencies beyond the control of the State, significantly harming the financial or economic and social sustainability of the State. | |||
63.5. An organic law will develop the principles in this article and the participation, in the respective procedures, of the institutional coordination bodies between Public Administrations in fiscal and financial policy matters. In any case, it will regulate: | |||
a) The distribution of deficit and debt limits among different Public Administrations, exceptional cases of exceeding them, and the form and deadline for correcting deviations that may occur in both. | |||
b) The methodology and procedure for calculating structural deficit. | |||
c) The responsibility of each Public Administration in case of non-compliance with budget stability objectives. | |||
Article | Article 64: | ||
Local Treasuries must have sufficient means for the performance of the functions attributed to the respective Corporations and will be mainly funded by their own taxes and by sharing in state taxes. | |||
Article | === III. The King and the Monarchy === | ||
Article 65. | |||
65.1. The King is the Head of State, a symbol of its unity and permanence, arbitrates and moderates the regular functioning of institutions, assumes the highest representation of the State in international relations, especially with nations of its historical community, and exercises the functions expressly attributed to him by the Constitution and laws. | |||
65.2. His title is the King of Vallejar, and he may use others corresponding to the Crown. | |||
65.3. The person of the King is not inviolable and may be charged with any crime or illegality contrary to the constitution, law, or the will of the people. | |||
Article 66. | |||
66.1. The Crown of Vallejar is hereditary in the successors of the king, the legitimate heir being the firstborn, the eldest son of the king, without gender preference. | |||
66.2. Females can inherit just like males. | |||
66.3. The succession to the throne implies the succession to the head of state; that is, inheriting the monarch's position also means inheriting the nation's management. | |||
66.4. If the king abdicates, the position of head of state automatically passes to the firstborn; if the firstborn is not of age, they must be advised by the principal minister of God until reaching majority. | |||
Article 67. | |||
The Queen consort or the consort of the Queen cannot assume constitutional functions, except as provided for in the Regency. | |||
Article 68. | |||
It is the King's prerogative: | |||
a) To make, review, change, and eliminate laws. | |||
b) Supreme command of the Armed Forces. | |||
c) To exercise the right of grace in accordance with the law, which cannot authorize general pardons. | |||
d) The High Patronage of the Royal Academies. | |||
e) The management and administration of the state. | |||
f) The correct international image of the state. | |||
g) The management of the royal family. | |||
h) The management and administration of the Vallejarian Church. | |||
i) To declare war and make peace. | |||
j) To express the State's consent to be internationally bound by treaties, in accordance with the Constitution and laws. | |||
k) To accredit ambassadors and other diplomatic representatives. | |||
Article 69. | |||
Article | |||
69.1. The King receives a global amount from the State Budget for the support of his Family and House, and distributes it freely. | |||
69.2. The King appoints and dismisses freely the civilian and military members of his House. | |||
Article 70. | |||
Article | |||
70.1. The monarchy and the king represent the Vallejarian people. | |||
70.2. The king exercises the legislative power of the State, approves its Budgets, controls the Government's actions, and has other competencies attributed by the Constitution. | |||
70.3. The royal house is not inviolable and can be subject to investigation if there is evidence of any illicit activity. | |||
Article 71. | |||
This article gives the monarch absolute power over the state and all the goods and resources within it to address situations of extreme urgency and danger to the state in any area. It also allows the king to ignore the constitution and act according to his own assessment in situations that require immediate urgency. This article will only be executed under the direct order of the monarch. | |||
=== IV. Government === | |||
Article 72. | |||
There is only one type of decree, the "Royal Decree," which serves to communicate the laws and decisions of the king for the management and good administration of the state in general. | |||
Article 73. | |||
Article | |||
The Government directs the internal and external policy, the civil and military administration, and the defense of the State. It exercises regulatory power in accordance with the Constitution and laws. | |||
Article 74. | |||
74.1. The government is composed of the king, the principal minister of God, and the secondary ministers of God, the latter with specialized training in the areas assigned to them for the proper management and administration of the state. | |||
74.2 The king has all the functions mentioned in Article 68, although they are not limited to those alone. | |||
Article | |||
74.3 The principal minister of God is the second most important person in the state, must be highly qualified to assume the position, must hold the title of bishop, and have the official title of believer granted by the Vallejarian Church. His main function is to advise the king in everything necessary and assist in all state affairs. | |||
74.4 Secondary ministers of God must be highly qualified in their respective fields; their functions are designated by the king, and there is no specific number of secondary ministers of God. | |||
Article 75. | |||
75.1. The Public Administration objectively serves the general interests and acts in accordance with the principles of efficiency, hierarchy, centralization, concentration, and coordination, fully subject to law and Right. | |||
75.2. The organs of the State Administration are created, governed, and coordinated in accordance with the law. | |||
75.3. The law will regulate the status of civil servants, access to public office according to the principles of merit and ability, the peculiarities of exercising their right to unionization, the system of incompatibilities, and guarantees for impartiality in the exercise of their functions. | |||
Article 76. | |||
76.1. The Security Forces and Corps, under the Government's dependence, have the mission of protecting the free exercise of rights and freedoms and ensuring public safety. | |||
76.2. A law will determine the functions, basic principles of action, and statutes of the Security Forces and Corps. | |||
Article | Article 77. | ||
The law will regulate: | |||
a) The hearing of citizens, directly or through organizations and associations recognized by law, in the process of elaborating administrative provisions that affect them. | |||
b) Citizen access to administrative files and records, except in matters affecting the security and defense of the State, the investigation of crimes, and the privacy of individuals. | |||
c) The procedure through which administrative acts must occur, ensuring, when applicable, the hearing of the interested party. | |||
Article 78. | |||
78.1. The Courts control the regulatory power and legality of administrative action, as well as its submission to the purposes that justify it. | |||
78.2. Individuals, under the terms established by law, have the right to be compensated for any injury suffered in any of their property and rights, except in cases of force majeure, provided that the injury is a consequence of the operation of public services. | |||
Article 79. | |||
The Council of State is the supreme advisory body of the Government. A law will regulate its composition and competence. | |||
Article 80. | |||
Article | |||
80.1. An organic law will regulate the states of alarm, exception, and siege, and the corresponding powers and limitations. | |||
80.2. The state of alarm will be declared by the Government through a decree agreed upon in the Council of Ministers for a maximum period of fifteen days. The decree will determine the territorial scope to which the effects of the declaration extend. | |||
80.3. The state of exception will be declared by the Government through a decree agreed upon in the Council of Ministers. The authorization and proclamation of the state of exception must expressly determine its effects, the territorial scope to which it extends, and its duration, which cannot exceed thirty days, extendable for another equal period, with the same requirements. | |||
80.4. The state of siege will be declared by the absolute majority of the Congress of Deputies, at the exclusive proposal of the Government. The king will determine the territorial scope, duration, and conditions. | |||
80.5. The declaration of states of alarm, exception, and siege will not modify the principle of the Government's and its agents' responsibility recognized in the Constitution and laws. | |||
Article 81. | |||
Article | |||
The State has exclusive competence over the following matters: | The State has exclusive competence over the following matters: | ||
# The regulation of basic conditions that guarantee the equality of all Vallejarians in the exercise of rights and fulfillment of constitutional duties. | |||
# Nationality, immigration, emigration, foreign affairs, and the right of asylum. | |||
# International relations. | |||
# Defense and Armed Forces. | |||
# Administration of Justice. | |||
# Commercial, criminal, and penitentiary legislation; procedural legislation. | |||
# Labor legislation. | |||
# Civil legislation. | |||
# Legislation on intellectual and industrial property. | |||
# Customs and tariff regime; foreign trade. | |||
# Monetary system: currency, exchange, and convertibility; foundations of credit organization, banking, and insurance. | |||
# Legislation on weights and measures, determination of official time. | |||
# Bases and coordination of the general planning of economic activity. | |||
# General finance and State debt. | |||
# Promotion and general coordination of scientific and technical research. | |||
# External health. Bases and general coordination of health. Legislation on pharmaceutical products. | |||
# Basic legislation and economic regime of social plans. | |||
# The legal regime of public administrations and the statutory regime of their officials, which will always guarantee common treatment to the administered; common administrative procedure. | |||
# Maritime fishing. | |||
# Merchant navy and flagging of ships; coastal lighting and maritime signals; ports of general interest; airports of general interest; control of airspace, transit, and air transport, meteorological service, and registration of aircraft. | |||
# Railways and land transport; general communication regime; traffic and circulation of motor vehicles; postal and telecommunications services; aerial, submarine cables, and radio communication. | |||
# Legislation, regulation, and granting of hydraulic resources and uses. | |||
# Legislation on environmental protection, legislation on forests, forest use, and cattle routes. | |||
# Public works. | |||
# Bases of the mining and energy regime. | |||
# Regime of production, trade, possession, and use of weapons and explosives. | |||
# Basic rules of the press, radio, and television regime, and, in general, of all means of social communication. | |||
# Defense of the Vallejarian cultural, artistic, and monumental heritage against export and looting; museums, libraries, and archives of state ownership. | |||
# Public safety. | |||
# Regulation of the conditions for obtaining, issuing, and homologating academic and professional titles and basic rules for development, to ensure compliance with the obligations of public authorities in this matter. | |||
# Statistics for state purposes. | |||
# Authorization for the calling of popular consultations through referendums. | |||
=== VI. Justice === | |||
Article 82. | |||
82.1. Justice emanates from the people and is administered in the name of the King by Judges and Magistrates who are part of the judiciary, independent, immovable, responsible, and subject only to the rule of law. | |||
82.2. Judges and Magistrates may not be separated, suspended, transferred, or retired except for the causes and with the guarantees provided by law. | |||
82.3. The exercise of judicial authority in all types of processes, judging and enforcing what is judged, belongs exclusively to the Courts and Tribunals determined by laws, according to the rules of competence and procedure established by them. | |||
82.4. Courts and Tribunals will not exercise functions other than those indicated in the previous section and those expressly attributed to them by law to guarantee any right. | |||
82.5. The principle of judicial unity is the basis of the organization and functioning of the Courts. The law will regulate the exercise of military jurisdiction in strictly military matters and in cases of a state of siege, following the principles of the Constitution. | |||
82.6. Exceptional courts are prohibited. | |||
Article 83. | |||
It is mandatory to comply with the judgments and other final resolutions of Judges and Tribunals, as well as to provide the collaboration required by them during the process and in the execution of the decisions. | |||
Article 84. | |||
Justice will be free when the law so determines, and, in any case, for those who demonstrate a lack of resources to litigate. | |||
Article 85. | |||
85.1. Judicial proceedings will be public, with the exceptions provided by procedural laws. | |||
85.2. The procedure will be predominantly oral, especially in criminal matters. | |||
85.3. Judgments will always be motivated and pronounced in a public hearing. | |||
Article 86. | |||
Damages caused by a judicial error, as well as those resulting from the abnormal functioning of the Administration of Justice, will entitle to compensation paid by the State, in accordance with the law. | |||
Article 87. | |||
87.1. The law on the judiciary will determine the constitution, functioning, and governance of the Courts and Tribunals, as well as the legal status of career Judges and Magistrates, who will form a single body, and the personnel serving the Administration of Justice. | |||
87.2. The General Council of the Judiciary is its governing body. The organic law will establish its status and the regime of incompatibilities of its members and their functions, particularly regarding appointments, promotions, inspection, and disciplinary regime. | |||
87.3. The General Council of the Judiciary will be composed of the President of the Supreme Court, who will preside over it, and twenty members appointed by the King for a period of five years. | |||
Article 88. | |||
88.1. The Supreme Court, with jurisdiction throughout Vallejar, is the highest jurisdictional body in all orders, except for constitutional guarantees. | |||
88.2. The President of the Supreme Court will be appointed by the King, on the proposal of the General Council of the Judiciary, in the manner determined by law. | |||
Article 89 | |||
89.1. The Public Prosecutor's Office, without prejudice to the functions entrusted to other bodies, has the mission of promoting the action of justice in defense of legality, the rights of citizens, and the public interest protected by law, ex officio or at the request of the interested parties, as well as ensuring the independence of the Courts and seeking the satisfaction of the social interest before them. | |||
89.2. The Public Prosecutor's Office exercises its functions through its own bodies following the principles of unity of action and hierarchical dependence and, in any case, subject to legality and impartiality. 89.3. The law will regulate the organic statute of the Public Prosecutor's Office. | |||
89.4. The Attorney General will be appointed by the King, after hearing the General Council of the judiciary. | |||
Article 90 | |||
Citizens may exercise popular action and participate in the Administration of Justice through the institution of the Jury, in the form and with respect to those criminal processes that the law determines, as well as in customary and traditional Courts. | |||
Article 91 | |||
Judicial police depend on Judges, Courts, and the Public Prosecutor's Office in their functions of investigating crime and discovering and securing criminals, under the terms established by law. | |||
[[Category:Vallejar]] | |||
[[Category:IXWB]] | |||
[[Category:Law]] |
Latest revision as of 01:19, 1 May 2024
Preámbulo
"At the dawn of our history, when the shadows of oppression loomed over us, the people of Vallejar rose with a unified cry for the freedom that would resonate through the ages. We forged our identity in the flames of struggle, weaved our unity in the fabric of resistance, and now, at the summit of our destiny, we solemnly proclaim this Constitution, the cornerstone of our kingdom.
Centuries ago, when oppression manifested in tangible and spiritual chains, our ancestors bore the burden of a foreign yoke. But in the darkness of subjugation, the seed of freedom sprouted. Small rebellions, silent uprisings, and acts of individual courage sowed the first cracks in the edifice of domination, signaling the awakening of a people that would not be contained. The annals of our past are marked by echoes of those small revolutions, whispers that resonated in the valleys and mountains of Vallejar. In the years 1815, 1816, and 1817, the flames of resistance burned with increasing intensity. Each spark ignited the hearts of those longing for a tomorrow where oppression would find no home.
It was in the grace-filled year of 1818 that the cry for independence reached its zenith. In an act of audacity and determination, we proclaimed the sovereignty of Vallejar, declaring to the world that we were and will forever be masters of our destiny.
The War of Independence unleashed was not just an armed conflict but a pilgrimage of sacrifice and resistance, where the motto 'honor or death' echoed as a sacred refrain in every corner of our land. From epic battles to negotiations infused with the essence of our people, the war not only freed us from foreign chains but also provided the opportunity to forge our own destiny.
It was in Vallejar, at the summit of the sacred mountain of Vallejar, in the extinct locality of Vallejar, where we sealed our independence with the ink of resistance. The blood shed, the tears shed, and lives offered became the lasting tribute to our freedom. This Constitution is the testimony of that struggle, a beacon that will guide future generations. It lays the foundations of a Vallejar where justice is intrinsic, freedom is inalienable, and brotherhood is the soul nurturing our community.
We entrust our aspirations and values to the pages of this sacred document, committing to preserve and protect the flame lit by those who came before us. Thus, with humility and determination, we proclaim this preamble as the echo of our past, the pulse of our present, and the promise of our future.
May this Constitution, like an eternal covenant, lead Vallejar to the greatness it deserves. Given under our hand and sanctioned with the love and hope of the people of Vallejar, on this solemn and significant day. May Vallejarian Christianity guide our way, and may the flame of freedom burn eternally on our horizon!"
[July 26, 1831]
Constitutional Preamble
National Order
Article 1.
1.1. Vallejar is established as a social and legal State, advocating freedom, justice, equality, and pluralism as the supreme values of its legal system.
1.2. National sovereignty resides in the will of God, represented by the king on earth, from whom the powers of the state emanate, and upon whom rests the responsibility for the good governance of the state, always for the benefit of the people.
1.3. The political form of the Vallejarian State is the absolute theocratic monarchy.
1.4. The people have, in any case, the right to tyrannicide and revolution if the designated head of state fails in their duties or engages in improper practices contrary to the ethical principles of the constitution and the law.
Article 2.
The Vallejarian nation is absolutely indivisible in any case, a common homeland for all Vallejarians, recognizing and guaranteeing the right to autonomy for the ethnicities, nationalities, and regions that make up the state, and solidarity among them.
Article 3.
3.1. Spanish is the official language of the State. All Vallejarians have the duty to know it and the right to use it.
3.2. The richness of the different linguistic modalities of Vallejar is a cultural heritage that will be subject to special respect and protection.
Article 4.
4.1. The only official flag of Vallejar is the Cross of Santiago.
4.2. The flag is a symbol of unity and equality among Vallejarians; all citizens are represented by the flag.
4.3. Disrespecting the flag will be considered an outrage to the homeland and will incur a penalty determined by law.
4.4. The use of unofficial flags with claims or demands against the law and the values of the state will be removed; furthermore, those who perform such actions will be penalized by the determined law.
4.5. The national flag will be displayed and taught in all official and public buildings, aiming to represent the nation throughout the state.
Article 5.
The capital of the state is the city of Alhama la Nueva, where the powers of the state, emanated from God, represented by the king, reside.
Article 6.
6.1. The creation of political parties is unnecessary due to the state's mode of government; likewise, unions are not recognized by the government. However, representative organizations or representative social organizations are validated and recognized.
6.2. Representative organizations will not be funded by the state but will be maintained by the members themselves. The organizations must be organized by the members themselves and have the sole purpose of improving the areas concerning the same members of the organizations.
6.3. The right of representative organizations to be heard by the government bodies required if the objective or cause is valid is guaranteed. Also, government bodies have the obligation to listen to representative organizations if the objective or cause is valid.
Article 7.
7.1. The Armed Forces are constituted by the Army, the Navy, the Air Force and the Spacial Force, with the mission of guaranteeing the sovereignty and independence of Vallejar, defending its territorial integrity, protecting all citizens in every situation, and defending the constitutional order.
7.2. The law may modify the organization and composition of the military, as well as add, modify, or eliminate their functions according to the context, situation, and need.
Article 8.
8.1. All citizens and government bodies are subject to the Constitution and the rest of the legal system.
8.2. It is the responsibility of public authorities to promote the conditions for the real and effective freedom and equality of the individual and the groups in which they integrate; to remove obstacles that prevent or hinder their fullness and facilitate the participation of all citizens in political, economic, cultural, and social life.
8.3. The Constitution guarantees the principle of legality, normative hierarchy, the publicity of norms, the non-retroactivity of sanctioning provisions unfavorable or restrictive of individual rights, legal security, responsibility, and the prohibition of arbitrariness of public authorities.
Article 9.
9.1. Vallejarian nationality is acquired, preserved, and lost in accordance with the law.
9.2. No Vallejarian by birth may be deprived of their nationality.
9.3. The State may enter into treaties of dual nationality with countries that have had or have a particular connection with Vallejar.
Article 10.
Majority age is reached at 18 years.
Article 11.
The State is territorially organized into municipalities and administrative regions. Municipalities enjoy autonomy for the management of their respective interests.
Article 12.
12.1. All Vallejarians have the same rights and obligations anywhere in the territory of the State.
12.2. No authority may adopt measures that directly or indirectly hinder the freedom of movement and establishment of individuals and the free movement of goods throughout the Vallejarian territory.
Article 13.
The Constitution guarantees the autonomy of municipalities. They will enjoy full legal personality. Their government and administration belong to their respective City Councils, composed of Mayors and Councilors. Councilors will be elected by the residents of the municipality through universal, equal, free, direct, and secret suffrage, as established by law. Mayors will be elected by the Councilors or by the residents. The law will regulate the conditions under which the open council regime should proceed.
Article 14.
Groups of different municipalities can be created.
I. Civil Rights and Duties
Article 15.
15.1. Foreigners will enjoy in Vallejar the public freedoms guaranteed by this Title, on the terms established by treaties and the law.
15.2. Extradition will only be granted in compliance with a treaty or the law, following the principle of reciprocity. Extradition will be excluded for political crimes, not considering acts of terrorism as such.
15.3. The law will establish the terms in which citizens of other countries and stateless persons may enjoy the right of asylum in Vallejar.
Article 16.
Vallejarians are equal before the law, with no discrimination prevailing based on birth, race, sex, religion, opinion, or any other personal or social condition or circumstance.
Article 17.
17.1. The dignity of the person, the inviolable rights inherent to them, the free development of personality, respect for the law, and the rights of others are the foundation of political order and social peace.
17.2. The rules concerning fundamental rights and freedoms that the Constitution recognizes will be interpreted in accordance with the Universal Declaration of Human Rights and the treaties and international agreements on the same matters ratified by Vallejar.
Article 18.
Everyone has the right to life and to physical and moral integrity, although, in necessary cases, they may be subjected to torture. The death penalty is recognized as a measure of justice.
Article 19.
19.1. The ideological, religious, and worship freedom of individuals and communities is guaranteed without more limitation, in its manifestations, than necessary for the maintenance of public order protected by law.
19.2. No one can be forced to declare their ideology, religion, or beliefs.
19.3. No confession will have a state character. Public authorities will take into account the religious beliefs of the Vallejarian society and will maintain the corresponding cooperative relations with the Vallejarian Church.
Article 20.
20.1. Every person has the right to freedom and security. No one may be deprived of their freedom except in accordance with the provisions of this article and in cases and in the manner provided by law.
20.2. Pre-trial detention cannot last longer than strictly necessary for the conduct of investigations aimed at clarifying the facts, and, in any case, within a maximum period of seventy-two hours, the detainee must be released or made available to the judicial authority.
20.3. Every detained person must be informed immediately, and in a way that is understandable to them, of their rights and the reasons for their detention, and they cannot be forced to testify. The assistance of a lawyer to the detainee in police and judicial proceedings is guaranteed, as established by law.
20.4. The law will regulate a "habeas corpus" procedure to produce the immediate submission to judicial authority of anyone detained illegally. Likewise, by law, the maximum duration of provisional imprisonment will be determined.
Article 21.
21.1. The right to honor, personal and family privacy, and one's own image is guaranteed.
21.2. The home is inviolable. No entry or search may be made without the consent of the owner or a judicial resolution, except in the case of a flagrant crime.
21.3. The secrecy of communications, especially postal, telegraphic, and telephonic, is guaranteed, except by judicial resolution.
21.4. The use of information technology will be limited by law to ensure the honor and personal and family privacy of citizens and the full exercise of their rights.
Article 22.
Vallejarians have the right to freely choose their residence and move within the national territory. They also have the right to enter and leave Vallejar freely under the terms established by law. This right cannot be limited for political or ideological reasons.
Article 23.
The following rights are recognized and protected:
a) The right to freely express and disseminate thoughts, ideas, and opinions through speech, writing, or any other means of reproduction.
b) The right to literary, artistic, scientific, and technical production and creation.
c) Academic freedom.
d) The right to freely communicate or receive truthful information through any means of dissemination. The law will regulate the right to conscientious objection and professional secrecy in the exercise of these freedoms.
Article 24.
24.1. The right to peaceful assembly without weapons is recognized. The exercise of this right does not require prior authorization.
24.2. In the case of gatherings in public places and demonstrations, prior notice will be given to the authorities, who can only prohibit them when there are well-founded reasons for disturbing public order with a danger to persons or property.
Article 25.
25.1. The right to association is recognized.
25.2. Associations pursuing illegal purposes or using means classified as crimes are illegal.
25.3. Associations formed under this article must register for publicity purposes only.
25.4. Associations can only be dissolved or have their activities suspended by a motivated judicial resolution.
25.5. Secret and paramilitary associations are prohibited.
Article 26.
26.1. Citizens have the right to participate in public affairs through representative organizations.
26.2. Likewise, they have the right to access public functions and positions on an equal basis, with requirements established by law.
Article 27.
27.1. Everyone has the right to effective legal protection of their rights and legitimate interests, without any possibility of defenselessness.
27.2. Likewise, everyone has the right to the predetermined ordinary judge established by law, to defense, legal assistance, to be informed of the charges against them, to a public and timely trial with all guarantees, to use relevant means of evidence for their defense, not to testify against themselves, not to confess guilt, and to the presumption of innocence. The law will regulate cases where, due to kinship or professional secrecy, there is no obligation to testify about presumed criminal acts.
Article 28.
28.1. No one can be condemned or sanctioned for actions or omissions that, at the time of occurrence, do not constitute a crime, offense, or administrative infraction according to the current legislation at that time.
28.2. Deprivation of liberty penalties and security measures will be oriented towards reeducation and social reintegration, although in cases where it is not possible due to the nature of the crime or a life sentence, individuals may be obliged to contribute productively to society for their actions. Individuals serving a prison sentence will enjoy fundamental rights, except those expressly limited by the content of the convicting judgment, the purpose of the sentence, and the penitentiary law.
28.3. Civil administration cannot impose penalties directly or subsidiarily involving deprivation of liberty.
Article 29.
Honor courts are prohibited in the civil administration and professional organizations.
Article 30.
30.1. Everyone has the right to education. The freedom of teaching is recognized.
30.2. Education aims at the full development of the human personality in respect for the principles of coexistence and fundamental rights and freedoms.
30.3. Public authorities guarantee the right of parents to ensure that their children receive religious and moral education in accordance with their convictions.
30.4. Basic education is compulsory and free.
30.5. Public authorities guarantee the right to education for all through a general education program, with the effective participation of all affected sectors, and the establishment of educational centers.
30.6. Natural and legal persons are recognized the freedom to create educational centers, respecting constitutional principles.
30.7. Teachers, parents, and, where applicable, students will participate in the control and management of all centers supported by the Administration with public funds, in the terms established by law.
30.8. Public authorities will inspect and approve the educational system to ensure compliance with the laws.
30.9. Public authorities will support educational centers that meet the requirements established by law.
30.10. The autonomy of Universities is recognized, as established by law.
Article 31.
The right to strike for the defense of their interests is recognized for workers. The law regulating the exercise of this right will establish the necessary guarantees to ensure the maintenance of essential community services.
Article 32.
32.1. All Vallejarians have the right to individual and collective petition in writing, in the form and with the effects determined by law. 32.2. Members of the Armed Forces or military discipline bodies may exercise this right only individually and in accordance with their specific legislation.
Article 33.
33.1. Vallejarians have the right and duty to defend Vallejar.
33.2. The law will establish the military obligations of Vallejarians and will regulate, with due guarantees, conscientious objection, as well as other reasons for exemption from mandatory military service, being able to impose, if necessary, a substitute social service. 33.3. A civil service for the fulfillment of general interest purposes may be established.
33.4. By law, the duties of citizens in cases of serious risk, catastrophe, or public calamity may be regulated.
Article 34.
34.1. Everyone will contribute to the support of public expenses through a fair tax system for all Vallejarians, which in no case will have confiscatory scope.
34.2. Public spending will allocate resources equitably, and its programming and execution will respond to the criteria of efficiency, economy, and necessity. 35.3. Only personal or property public benefits may be established in accordance with the law.
Article 35.
35.1. Men and women have the right to marry with full legal equality.
35.2. The law will regulate the forms of marriage, age and capacity to contract it, the rights and duties of spouses, causes of separation and dissolution, and their effects.
Article 36.
36.1. The right to private property and inheritance is recognized.
36.2. The social function of these rights will delimit their content in accordance with the laws.
36.3. No one may be deprived of their property and rights except for justified reasons of public utility or social interest, with the corresponding compensation and in accordance with the laws.
Article 37.
The right to establish foundations for general interest purposes is recognized, in accordance with the law.
Article 38.
38.1. All Vallejarians have the duty to work and the right to work, to freely choose their profession or trade, to promotion through work, and to adequate remuneration to meet their needs and those of their family, without discrimination for any reason.
38.2. The law will regulate a workers' statute.
Article 39.
The law will regulate the peculiarities of the legal regime of Professional Associations and the practice of titled professions. The internal structure and functioning of the Associations must be democratic.
Article 40.
40.1. The law will guarantee the right to collective labor negotiations between workers' representatives and employers, as well as the binding force of collective agreements.
40.2. The right of workers and employers to take collective action is recognized. The law regulating the exercise of this right, without prejudice to any limitations that may be established, will include the necessary guarantees to ensure the functioning of essential community services.
Article 41.
The freedom of enterprise is recognized within the framework of a market economy. Public authorities guarantee and protect its exercise and the defense of productivity, in accordance with the requirements of the general economy, and, where appropriate, its planning.
Article 42.
42.1. The right to health protection is recognized.
42.2. Public authorities are responsible for organizing and overseeing public health through preventive measures and the necessary services and benefits. The law will establish the rights and duties of all in this regard.
42.3. Public authorities will promote health education, physical education, and sports. They will also facilitate the proper use of leisure.
Article 43.
43.1. Public authorities will promote and protect access to culture, to which everyone has the right.
43.2. Public authorities will promote science and scientific and technical research for the benefit of the general interest.
Article 44.
44.1. Everyone has the right to enjoy an environment suitable for personal development, as well as the duty to preserve it.
44.2. Public authorities will ensure the rational use of all natural resources to protect and improve the quality of life, and to defend and restore the environment, relying on necessary collective solidarity.
44.3. For those who violate the above, penalties, either criminal or, as appropriate, administrative, will be established according to the law, as well as the obligation to repair the damage caused.
Article 45.
All Vallejarians have the right to enjoy a dignified and adequate housing. Public authorities will promote the necessary conditions and establish relevant rules to make this right effective, regulating land use in accordance with the general interest to prevent speculation.
II. State Economy
Article 46.
46.1. Public authorities ensure the social, economic, and legal protection of the family.
46.2. Public authorities also ensure the comprehensive protection of children, treating them equally before the law regardless of their parentage, and of mothers, regardless of their marital status. The law will enable paternity investigations.
46.3. Parents must provide all kinds of assistance to their children born within or outside of marriage, during their minority and in other cases legally established.
46.4. Children will enjoy protection as provided in international agreements that safeguard their rights.
Article 47.
47.1. Public authorities will promote favorable conditions for social and economic progress and for a more equitable regional and personal income distribution within the framework of an economic stability policy. They will especially pursue a policy aimed at full employment.
47.2. Likewise, public authorities will promote a policy that guarantees professional training and retraining; they will ensure safety and hygiene at work and guarantee necessary rest through the limitation of the working day, paid periodic vacations, and the promotion of suitable facilities.
Article 48.
A system of "Vallejarian backpack" will be maintained for all citizens in a generic way, guaranteeing the private management of the workers' own heritage in all cases.
Article 49.
The State will especially safeguard the economic and social rights of Vallejarian workers abroad and will orient its policy towards their return.
Article 50.
Public authorities will guarantee the conservation and promotion of the historical, cultural, and artistic heritage of the peoples of Vallejar and the assets that compose it, regardless of their legal status and ownership. The penal law will punish attacks against this heritage.
Article 51.
Public authorities will promote conditions for the free and effective participation of youth in political, social, economic, and cultural development.
Article 52.
Public authorities will carry out a policy of prevention, treatment, rehabilitation, and integration of physically, sensorially, and mentally disabled individuals, providing them with specialized care and special support for enjoying the rights granted to all citizens by this section.
Article 53.
The "Vallejarian Backpack" will be the method used to ensure economic sufficiency for citizens during old age. Additionally, and regardless of family obligations, their well-being will be promoted through a social services system that addresses their specific health, housing, cultural, and leisure issues.
Article 54.
54.1. Public authorities will guarantee the defense of consumers and users, protecting their safety, health, and legitimate economic interests through effective procedures.
54.2. Public authorities will promote the information and education of consumers and users, encourage their organizations, and hear them on matters that may affect them, as established by law.
54.3. Within the framework of the provisions of the previous paragraphs, the law will regulate domestic trade and the authorization regime for commercial products.
Article 55.
The law will regulate professional organizations that contribute to the defense of their own economic interests.
Article 56.
56.1. All wealth of the country in its various forms and regardless of its ownership is subordinated to the general interest.
56.2. Public initiative in economic activity is recognized. By law, resources or essential services may be reserved for the public sector, especially in the case of a monopoly, and the intervention of companies may also be decided when required by the general interest.
Article 57.
Public authorities will effectively promote various forms of participation in the enterprise and encourage, through appropriate legislation, cooperative societies. They will also establish means that facilitate workers' access to the ownership of the means of production.
Article 58.
58.1. Public authorities will focus on modernizing and developing all economic sectors, particularly agriculture, livestock, fishing, and craftsmanship, to equalize the standard of living for all Vallejarians.
58.2. With the same objective, special treatment will be given to mountainous areas.
Article 59.
59.1. The State, through law, may plan general economic activity to meet collective needs, balance and harmonize regional and sectoral development, and stimulate income and wealth growth and its more just distribution.
59.2. The Government will develop planning projects according to the needs of each area and part of the state. To this end, a Council will be established, whose composition and functions will be developed by law.
Article 60.
60.1. The law will regulate the legal regime of public and communal property, based on the principles of inalienability, imprescriptibility, and non-seizability, as well as their disaffection.
60.2. State public domain properties will be determined by law and, in any case, include the maritime-terrestrial zone, beaches, territorial sea, natural resources of the economic zone, and the continental shelf.
60.3. By law, the State Heritage and National Heritage, their administration, defense, and conservation, will be regulated.
Article 61.
61.1. The original power to establish taxes belongs exclusively to the State, through law.
61.2. Local Corporations may establish and demand taxes, in accordance with the Constitution and laws.
61.3. Any fiscal benefit affecting state taxes must be established by law.
61.4. Public administrations may only incur financial obligations and expenses in accordance with the laws.
Article 62.
62.1. The Government is responsible for the preparation, examination, amendment, and approval of the General State Budgets.
62.2. The General State Budgets will be annual, including all expenses and revenues of the state public sector, and will specify the amount of fiscal benefits affecting state taxes.
62.3. Once the General State Budgets are approved, the Government may submit bills implying an increase in public spending or a decrease in corresponding revenues for the same budget year.
62.4. The Budget Law cannot create taxes. It may modify them when substantive tax law allows.
Article 63.
63.1. All Public Administrations will align their actions with the principle of budget stability.
63.2. The State may not incur a structural deficit exceeding established limits. An organic law will set the maximum structural deficit allowed to the State in relation to its gross domestic product. Local Entities must present a balanced budget.
63.3. The State must be authorized by law to issue public debt or incur credit. Credits to meet the interest and capital of public debt of the Administrations will always be included in the expenditure budget, with payment having absolute priority. These credits cannot be amended or modified as long as they comply with the conditions of the emission law.
63.4. Limits on structural deficit and public debt volume can only be exceeded in the case of natural disasters, economic recession, or extraordinary emergencies beyond the control of the State, significantly harming the financial or economic and social sustainability of the State.
63.5. An organic law will develop the principles in this article and the participation, in the respective procedures, of the institutional coordination bodies between Public Administrations in fiscal and financial policy matters. In any case, it will regulate:
a) The distribution of deficit and debt limits among different Public Administrations, exceptional cases of exceeding them, and the form and deadline for correcting deviations that may occur in both.
b) The methodology and procedure for calculating structural deficit.
c) The responsibility of each Public Administration in case of non-compliance with budget stability objectives.
Article 64:
Local Treasuries must have sufficient means for the performance of the functions attributed to the respective Corporations and will be mainly funded by their own taxes and by sharing in state taxes.
III. The King and the Monarchy
Article 65.
65.1. The King is the Head of State, a symbol of its unity and permanence, arbitrates and moderates the regular functioning of institutions, assumes the highest representation of the State in international relations, especially with nations of its historical community, and exercises the functions expressly attributed to him by the Constitution and laws.
65.2. His title is the King of Vallejar, and he may use others corresponding to the Crown.
65.3. The person of the King is not inviolable and may be charged with any crime or illegality contrary to the constitution, law, or the will of the people.
Article 66.
66.1. The Crown of Vallejar is hereditary in the successors of the king, the legitimate heir being the firstborn, the eldest son of the king, without gender preference.
66.2. Females can inherit just like males.
66.3. The succession to the throne implies the succession to the head of state; that is, inheriting the monarch's position also means inheriting the nation's management.
66.4. If the king abdicates, the position of head of state automatically passes to the firstborn; if the firstborn is not of age, they must be advised by the principal minister of God until reaching majority.
Article 67.
The Queen consort or the consort of the Queen cannot assume constitutional functions, except as provided for in the Regency.
Article 68.
It is the King's prerogative:
a) To make, review, change, and eliminate laws.
b) Supreme command of the Armed Forces.
c) To exercise the right of grace in accordance with the law, which cannot authorize general pardons.
d) The High Patronage of the Royal Academies.
e) The management and administration of the state.
f) The correct international image of the state.
g) The management of the royal family.
h) The management and administration of the Vallejarian Church.
i) To declare war and make peace.
j) To express the State's consent to be internationally bound by treaties, in accordance with the Constitution and laws.
k) To accredit ambassadors and other diplomatic representatives.
Article 69.
69.1. The King receives a global amount from the State Budget for the support of his Family and House, and distributes it freely.
69.2. The King appoints and dismisses freely the civilian and military members of his House.
Article 70.
70.1. The monarchy and the king represent the Vallejarian people.
70.2. The king exercises the legislative power of the State, approves its Budgets, controls the Government's actions, and has other competencies attributed by the Constitution.
70.3. The royal house is not inviolable and can be subject to investigation if there is evidence of any illicit activity.
Article 71.
This article gives the monarch absolute power over the state and all the goods and resources within it to address situations of extreme urgency and danger to the state in any area. It also allows the king to ignore the constitution and act according to his own assessment in situations that require immediate urgency. This article will only be executed under the direct order of the monarch.
IV. Government
Article 72.
There is only one type of decree, the "Royal Decree," which serves to communicate the laws and decisions of the king for the management and good administration of the state in general.
Article 73.
The Government directs the internal and external policy, the civil and military administration, and the defense of the State. It exercises regulatory power in accordance with the Constitution and laws.
Article 74.
74.1. The government is composed of the king, the principal minister of God, and the secondary ministers of God, the latter with specialized training in the areas assigned to them for the proper management and administration of the state.
74.2 The king has all the functions mentioned in Article 68, although they are not limited to those alone.
74.3 The principal minister of God is the second most important person in the state, must be highly qualified to assume the position, must hold the title of bishop, and have the official title of believer granted by the Vallejarian Church. His main function is to advise the king in everything necessary and assist in all state affairs.
74.4 Secondary ministers of God must be highly qualified in their respective fields; their functions are designated by the king, and there is no specific number of secondary ministers of God.
Article 75.
75.1. The Public Administration objectively serves the general interests and acts in accordance with the principles of efficiency, hierarchy, centralization, concentration, and coordination, fully subject to law and Right.
75.2. The organs of the State Administration are created, governed, and coordinated in accordance with the law.
75.3. The law will regulate the status of civil servants, access to public office according to the principles of merit and ability, the peculiarities of exercising their right to unionization, the system of incompatibilities, and guarantees for impartiality in the exercise of their functions.
Article 76.
76.1. The Security Forces and Corps, under the Government's dependence, have the mission of protecting the free exercise of rights and freedoms and ensuring public safety.
76.2. A law will determine the functions, basic principles of action, and statutes of the Security Forces and Corps.
Article 77.
The law will regulate:
a) The hearing of citizens, directly or through organizations and associations recognized by law, in the process of elaborating administrative provisions that affect them.
b) Citizen access to administrative files and records, except in matters affecting the security and defense of the State, the investigation of crimes, and the privacy of individuals.
c) The procedure through which administrative acts must occur, ensuring, when applicable, the hearing of the interested party.
Article 78.
78.1. The Courts control the regulatory power and legality of administrative action, as well as its submission to the purposes that justify it.
78.2. Individuals, under the terms established by law, have the right to be compensated for any injury suffered in any of their property and rights, except in cases of force majeure, provided that the injury is a consequence of the operation of public services.
Article 79.
The Council of State is the supreme advisory body of the Government. A law will regulate its composition and competence.
Article 80.
80.1. An organic law will regulate the states of alarm, exception, and siege, and the corresponding powers and limitations.
80.2. The state of alarm will be declared by the Government through a decree agreed upon in the Council of Ministers for a maximum period of fifteen days. The decree will determine the territorial scope to which the effects of the declaration extend.
80.3. The state of exception will be declared by the Government through a decree agreed upon in the Council of Ministers. The authorization and proclamation of the state of exception must expressly determine its effects, the territorial scope to which it extends, and its duration, which cannot exceed thirty days, extendable for another equal period, with the same requirements.
80.4. The state of siege will be declared by the absolute majority of the Congress of Deputies, at the exclusive proposal of the Government. The king will determine the territorial scope, duration, and conditions.
80.5. The declaration of states of alarm, exception, and siege will not modify the principle of the Government's and its agents' responsibility recognized in the Constitution and laws.
Article 81.
The State has exclusive competence over the following matters:
- The regulation of basic conditions that guarantee the equality of all Vallejarians in the exercise of rights and fulfillment of constitutional duties.
- Nationality, immigration, emigration, foreign affairs, and the right of asylum.
- International relations.
- Defense and Armed Forces.
- Administration of Justice.
- Commercial, criminal, and penitentiary legislation; procedural legislation.
- Labor legislation.
- Civil legislation.
- Legislation on intellectual and industrial property.
- Customs and tariff regime; foreign trade.
- Monetary system: currency, exchange, and convertibility; foundations of credit organization, banking, and insurance.
- Legislation on weights and measures, determination of official time.
- Bases and coordination of the general planning of economic activity.
- General finance and State debt.
- Promotion and general coordination of scientific and technical research.
- External health. Bases and general coordination of health. Legislation on pharmaceutical products.
- Basic legislation and economic regime of social plans.
- The legal regime of public administrations and the statutory regime of their officials, which will always guarantee common treatment to the administered; common administrative procedure.
- Maritime fishing.
- Merchant navy and flagging of ships; coastal lighting and maritime signals; ports of general interest; airports of general interest; control of airspace, transit, and air transport, meteorological service, and registration of aircraft.
- Railways and land transport; general communication regime; traffic and circulation of motor vehicles; postal and telecommunications services; aerial, submarine cables, and radio communication.
- Legislation, regulation, and granting of hydraulic resources and uses.
- Legislation on environmental protection, legislation on forests, forest use, and cattle routes.
- Public works.
- Bases of the mining and energy regime.
- Regime of production, trade, possession, and use of weapons and explosives.
- Basic rules of the press, radio, and television regime, and, in general, of all means of social communication.
- Defense of the Vallejarian cultural, artistic, and monumental heritage against export and looting; museums, libraries, and archives of state ownership.
- Public safety.
- Regulation of the conditions for obtaining, issuing, and homologating academic and professional titles and basic rules for development, to ensure compliance with the obligations of public authorities in this matter.
- Statistics for state purposes.
- Authorization for the calling of popular consultations through referendums.
VI. Justice
Article 82.
82.1. Justice emanates from the people and is administered in the name of the King by Judges and Magistrates who are part of the judiciary, independent, immovable, responsible, and subject only to the rule of law.
82.2. Judges and Magistrates may not be separated, suspended, transferred, or retired except for the causes and with the guarantees provided by law.
82.3. The exercise of judicial authority in all types of processes, judging and enforcing what is judged, belongs exclusively to the Courts and Tribunals determined by laws, according to the rules of competence and procedure established by them.
82.4. Courts and Tribunals will not exercise functions other than those indicated in the previous section and those expressly attributed to them by law to guarantee any right.
82.5. The principle of judicial unity is the basis of the organization and functioning of the Courts. The law will regulate the exercise of military jurisdiction in strictly military matters and in cases of a state of siege, following the principles of the Constitution.
82.6. Exceptional courts are prohibited.
Article 83.
It is mandatory to comply with the judgments and other final resolutions of Judges and Tribunals, as well as to provide the collaboration required by them during the process and in the execution of the decisions.
Article 84.
Justice will be free when the law so determines, and, in any case, for those who demonstrate a lack of resources to litigate.
Article 85.
85.1. Judicial proceedings will be public, with the exceptions provided by procedural laws.
85.2. The procedure will be predominantly oral, especially in criminal matters.
85.3. Judgments will always be motivated and pronounced in a public hearing.
Article 86.
Damages caused by a judicial error, as well as those resulting from the abnormal functioning of the Administration of Justice, will entitle to compensation paid by the State, in accordance with the law.
Article 87.
87.1. The law on the judiciary will determine the constitution, functioning, and governance of the Courts and Tribunals, as well as the legal status of career Judges and Magistrates, who will form a single body, and the personnel serving the Administration of Justice.
87.2. The General Council of the Judiciary is its governing body. The organic law will establish its status and the regime of incompatibilities of its members and their functions, particularly regarding appointments, promotions, inspection, and disciplinary regime.
87.3. The General Council of the Judiciary will be composed of the President of the Supreme Court, who will preside over it, and twenty members appointed by the King for a period of five years.
Article 88.
88.1. The Supreme Court, with jurisdiction throughout Vallejar, is the highest jurisdictional body in all orders, except for constitutional guarantees.
88.2. The President of the Supreme Court will be appointed by the King, on the proposal of the General Council of the Judiciary, in the manner determined by law.
Article 89
89.1. The Public Prosecutor's Office, without prejudice to the functions entrusted to other bodies, has the mission of promoting the action of justice in defense of legality, the rights of citizens, and the public interest protected by law, ex officio or at the request of the interested parties, as well as ensuring the independence of the Courts and seeking the satisfaction of the social interest before them.
89.2. The Public Prosecutor's Office exercises its functions through its own bodies following the principles of unity of action and hierarchical dependence and, in any case, subject to legality and impartiality. 89.3. The law will regulate the organic statute of the Public Prosecutor's Office.
89.4. The Attorney General will be appointed by the King, after hearing the General Council of the judiciary.
Article 90
Citizens may exercise popular action and participate in the Administration of Justice through the institution of the Jury, in the form and with respect to those criminal processes that the law determines, as well as in customary and traditional Courts.
Article 91
Judicial police depend on Judges, Courts, and the Public Prosecutor's Office in their functions of investigating crime and discovering and securing criminals, under the terms established by law.