Second Constitution of Olmeria

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Second Constitution of the Democratic Republic of Olmeria
Greindo Castle, where the constitution was formally signed into law in XXXX
JurisdictionOlmeria
Subordinate toNone
CreatedXX/XX/XXXX
PresentedXX/XX/XXXX
RatifiedXX/XX/XXXX
Date effectiveXX/XX/XXXX
SystemDemocratic Republic
Branches Executive, Legislative, Judiciary
Head of state President
ChambersUnicameral Legislature: The People's Senate
ExecutiveThe President and Council of Chiefs
JudiciaryThe Supreme Court
FederalismUnitary with local devolution
Amendments6
Last amended03/09/1962

The Second Constitution of Olmeria, known widely as simply the Constitution of Olmeria, has been the supreme constitutional document of Olmeria since the nation gained independence from Caergwynn in XXXX. The constitution is codified, entrenched and unitary, and has ultimate authority over executive, judiciary and legislative processes. It also protects essential individual and collective rights by securing them within sovereign law, where they cannot be overruled by the Senate without first amending the Constitution. The Constitution outlines the separation and sharing of power between the three branches, including the partial fusion of the Executive and Legislative branches.

The Second Constitution superseded the "Olmerian Charter", a document outlining governance in the nation throughout its time as a colony of both Vithinja and Caergwynn.

There are other protocols around governance not included in the constitution, but these do not carry the same authority, being usually merely conventions or written only in standard law.

Background

Olmeria was a colony of Vithinja from XXXX to XXXX, before it was passed onto Caergywwn following Vithinja’s subjection. Although largely content under Vithinjan rule, the Olmerian people quickly

Independence in Olmeria was achieved without any large-scale conflict, although several armed independence groups had engaged in violent protest and threatened more drastic action if independence was not granted by Caergywnn. In the end, further violence wasn't necessary, as Caergwynn promised independence soon afterwards, and granted it several months later on the XX of ______ XXXX. However, the range of groups in the independence movement, in addition to the peaceful resolution, meant the nation was left with a large number of competing organisations vying for power, and no recognised government.

With the lack of generally agreed organised governance, there was a serious risk of the country breaking down into civil war. At the same time there was a consensus amongst senior figures at the time that civil conflict was a generally disagreeable scenario for a nation emerging from years of colonial rule, and could severely damage the emerging nations prospects of growing back into a globally powerful nation. This generally accepted view was what allowed the former Consul of Olmeria, Lennart Skoog, to organise a 3 day conference between senior figures in all major independence groups and the previous government. The conference was held in Kristnes Hall, chosen as it was the home of famously neutral author Joel Partanen. General progress was made in improving dialogue between conflicting groups and a second conference at the same location was agreed 1 month later. By the end of this, agreements had been reached on

Throughout the three Kristnes Conferences, many agreements were made about the future of Olmeria which would later be entrenched in the new constitution, even prior to the agreement for a new constitution.

History

Origins

The topic of a new constitution had been a hot point of discussion amongst the public since independence in XXXX. The idea was controversial for several traditionalist independence movements who wanted to return Olmeria to its previous constitution, arguing that drafting a new constitution constituted accepting the colonial history of the country. Others pointed out that the former constitution, over XXX years old, would be wildly out of touch with the modern nation, which they said had been undeniably imprinted by colonialism.

This debate was touched upon in negotiations in the first two Kristnes Conferences, but no agreements were reached and the argument proved to be one of the largest sources of tensions in negotiations, leading to groups walking out on proceedings on 5 separate occasions.

The first tentative agreements on the subject were made between involved parties during the 3rd Kristnes Conference, with experts pointing out that other agreements made during the conference would not be protected, or indeed directly contradict, the former Olmerian constitution. This led to traditionalist groups reluctantly accepting the need for a new constitution, although they continued to fight for the retention of as much of the original constitution as possible.

Quick progress was made following the third and final Kristnes Conference, with agreements regarding the need to facilitate a collaborative approach to setting up a new constitution, and the organising of another conference designed purely to facilitate the writing of the new constitution, coming soon afterwards.

At the Ekdahl conference X months later, a drafting body was approved to begin writing up the constitution, and 25 signatories were selected as representatives of various groups, a 90% majority of whom would be required to approve the final draft of the Constitution.

Writing

The Second Constitution was drafted in the months following the Ekdahl conference by the approved drafting body and designated signatories. The primary authors were leaders and senior figures in the independence movement, in collaboration with the leaders of existing government structures left over from the last 3 centuries of colonisation.

The authors of the constitution began by evaluating agreements made over the three Kristnes Conferences and organising them into groups (loosely relating to the articles of the final documents). These agreements were drafted into legislation, with gaps filled and protocols outlined in subsequent sections and clauses

Document

Preamble

The preamble of the Second Constitution, is an introductory paragraph laying out the general purpose and principles of the document. It reads:

"In recognition of the trials we have faced, in acknowledgment of our diverse culture, and in hope for the future we might share, this, the Second Constitution of Olmeria, is hereby established. With this we ensure that all the people of this nation shall be equals in opportunity, shall have fair voice in governance and shall be treated justly by all. It is with this commitment that we embark on the creation of a new, free Olmeria state, that may serve us all with dignity.”

The opening sentence pitches the Constitution in three timeframes, recognising the nations past, present and future. This was highly significant in the fraught circumstances of the constitutions drafting, when many Olmerians harbored resentments from years of colonial rule, societal and cultural differences were rife and many lacked hope for the future. By addressing these stark challenges in the opening of the constitution, its writers hoped to make clear that the document would not shy away from the realities of the present, nor seek to ignore the history of the country, turbulent as parts of it had been.

The second sentence lays out the three principles of equality in Olmeria, in opportunity, democratic voice and treatment by government and citizens. The principle of equal opportunity in particular was revolutionary at a time when many Olmerian’s had faced abject poverty for years, and has gone on to guide the policy of the nation to this day. The readoption of a democratic, which had been a key part of nations culture prior to it’s colonisation, was also key demand of many people regarding the provisions of the constitution, hence it’s adoption in the preamble, in addition to expansion on the method of democracy in section B.

The final sentence of the constitution describes how the Olmerian state will “serve” the people of Olmeria. This again was a revolutionary idea, in stark contrast to prior attitudes that the people served the state, and paved the way for the large welfare state still seen in Olmeria today. Reference to “dignity” was also designed to emphasise the need to rebuild national pride and unique identity following years as a colony and with the mix of often conflicting cultures in the nation.

Part A: Rights and Principles

Article I - Fundamental Principles

Article II - Individual Rights

Article III - Collective Rights

Article IV - Citizenship

Part B: Governance and Legislation

Article IV - Executive

Article IV details the functions and protocols of the executive body of Olmerian government, including the ruling President and cabinet style Council of Chiefs. Section 1 reads:

“All executive powers over decisions and legislature shall hereby be granted to a Council of Chiefs, chaired by the President of Olmeria.”

Article V - Legislature

Article VI - Judiciary

Part C: Amendment and Ratification

Interpretations

Amendments and Reform

Historic Amendments

Proposed Amendments

Calls for Reform