Constitution of Lehmark
Constitution of Lehmark
Chapter One: Fundamental Provisions
Article I: Basic Provisions:
The Constitution of the Empire of Lehmark (herein referred to as the "Empire") shall be the Supreme Law of the Empire and enforceable throughout all Courts, and Government Agencies. This is includes all Laws (future) and contracts prescribed between people/parties.
The Empire of Lehmark and associated Government shall be governed by the Head of State and supported by the Imperial Administration. No other constitution, legislative assembly or government is allowed to be established. No Government Department is to come into existence, unless specifically outlined in this Constitution.
Should the Imperial Administration attempt to assume despotic powers and seize power from the legitimate Head of State, the Head of State has the legal authority to enforce this constitution. Military action against the revolt would be permitted under this circumstance.
The Imperial Administration will not be able to exercise any power which is not granted to it by this Constitution and therefore this document will establish the jurisdiction and parameters of each Governmental Department under the Imperial Administration.
Customary International Law shall be considered and made part of the legal system of the Empire, and therefore Customary International Law shall be enforceable through the Supreme Court of Lehmark. To the extent that it does not infringe upon the Constitution or any prescribed law. Should a party wish to build a legal case utilising Customary International Law then the Supreme Court shall be the one to determine it.
Article II: Corners of Imperial Administration:
No law shall prohibit any Imperial Decree which does not directly harm any other Person or cause unwarranted suffering to an animal or harm to the environment.
No law shall retroactively change the legal consequences and/or status of actions that have been already committed, or relationships that already existed, before the enactment of said law.
No Citizen of the Empire, shall be imprisoned or subjected to any punishment, if it has not been expressly written out in an Imperial Decree or set out in this Constitution.
No branch of the Imperial Administration has the legal power to declare martial law, a state of emergency, or any other state which would diminish the Rights of a Citizen or suspend this Constitution; any purported such introduction shall be of no effect.
No branch of the Imperial Administration shall take a loan, or be permitted to take on any form of debt, this includes not being able to issue government bonds to cover debts.
No branch of the Imperial Administration has the authority or jurisdiction to establish a standing army for the Empire, nor declare war or carry out any sort of military activity other than the defence of the Empire.
No branch of the Imperial Administration shall invite a foreign army into the Empire, except when permitted by the Head of State and except when a visiting foreign Head of State or diplomat requires a personal security contingent.
No branch of the Imperial Administration shall finance or offer financial remuneration to any private organisation/corporation. No assets shall be sold off or privatized by any Department of the Imperial Administration. Except remuneration or financial incentive maybe offered for goods and/or services by the Imperial Administration in so far that those goods and/or services are required to ensure the Imperial Administration functions normally.
Article III: Agents and Members of Imperial Administration:
It is expected that all Members and Agents of the Imperial Administration shall take the Oath of Office prior to assuming their office. The Oath will also include a pledge of allegiance to the Emperor and Autocrat, and ensure their obligation to uphold and abide by the Constitution of the Empire.
If a Member or Agent of the Imperial Administration's actions knowingly or negligently breach the Constitution, those actions will be considered a criminal offence, this may be punished imprisonment or any other punishment as outlined in the Criminal Code. This is also includes, actions knowingly or negligently acting in breach of any obligation which would fall within that Department's jurisdiction or imposed upon them by the Constitution, or refusing a Human Right which is outlined in the Bill of Rights.
All Members and Agents of the Imperial Administration convicted of the criminal offence shall cease to hold their current position and will never be eligible to hold any public office or to be employed by the Imperial Administration again.
Chapter Two: Political Institutions
Article IV: Legislative Power:
The Empire is to be ruled accordingly the Principles of Imperial Decree, and therefore no Legislative Assembly shall be permitted to be created now or in the future and any Assembly which currently exists and has legislative functions hereby has those functions immediately revoked and the Assembly is hereby dissolved:
The Head of State shall be the only person within the Empire who is permitted to make Imperial Decrees; except for when a Regency Council is ruling, then that Council will function in accordance to the parameters outlined in this Constitution.
The Head of State shall be the only person who has the legal power to change the Constitution, this will also be dependent on the Decree’s acceptance by the Supreme Court.
It is up to the Departments of Government under the Imperial Administration to function within accordance to these Decrees.
Political Parties and Unions are banned. Any Political Party or Union in existence is hereby dissolved.
Article V: Executive Power:
Executive Power shall be vested in the Head of State and only the Head of State. No other Branch of Government or Department or person shall be vested with executive power as outlined in this Constitution.
The position of Head of State is hereby titled as Emperor and Autocrat of Lehmark:
The position of Head of State shall be made hereditary according to the principles of agnatic-cognatic primogeniture:
Should no direct heir to the previous Head of State be living then the Nobles of the Realm shall elect a new leader from among themselves. Nobles who both have been and have not received a Land Grant are entitled to vote:
The Head of State can void this process by making an Ordinary Decree formally declaring an heir. This Decree cannot be challenged in anyway.
The title of the Head of State shall change to Empress and Autocrat of Lehmark upon the accession of a female.
The Head of State has the sole power to grant titles of Nobility and Citizenship:
The Head of State reserves the Right to Revoke or Amend Titles of Nobility, and is done so via Title Decree.
The Granting and Revoking of Citizenship is delegated to the Department of Internal Affairs who is expected to act within past and future Imperial Decrees regulating the processes of Citizenship:
The Head of State retains the Right to overturn any Granting or Revoking of Citizenship.
Decrees are not necessary or required for the Granting or Revoking of Citizenship, unless the Head of State is overturning a decision made by the Department of Internal Affairs.
Should the Head of State die before his or her legal heir becomes of age (being that of 18), then a Regency Council shall be established until the heir reaches the required age. The Regency Council will also be formed if the Head of State is no longer capable. The Council will be comprised of:
Who is defined as:
The surviving Legal Parent; or
The Chief Justice of the Supreme Court
Each Head of a Governmental Department
Provisions of The Regency Council:
The Regency Council will be dissolved the moment the heir becomes of age or the Head of State becomes capable again.
Incapability of the Head of State must be decided by a panel of 5 of the Empire's highest ranking Doctors. This decision must be unanimous.
The Regency Council will be granted all necessary Legislative and Executive Powers in order to run the Empire, therefore the Council will be able to exercise the following powers:
Excluding the right to change taxation:
Unless specifically required by the Department of Treasury in order to continue funding the Empire.
Excluding the right to declare war under any circumstances
Further provisions can be specifically made by the Head of State. Unless the Head of State has been declared incapable.
The Head of State is the Executive of all Government Departments. With powers delegated to those mentioned in this constitution or as appointed by the Head of State:
The tenure of a Head of Department is dependent on the will of the Head of State who retains the right to revoke that position and appoint another, when deemed necessary.
The Head of State also has the power to redirect each Department and their respective policies.
Heads of Government Departments are formally titled as “Minister of XX”. “XX” representing the relevant Government Department.
(Amendment 15 January 2022) – The Emperor and Autocrat has the authority to exercise executive authority to create Ministerial Posts to represent the jurisdiction of a Department.
Each Department of Government is allowed to establish Agencies to deal with specific areas of that particular Department's jurisdiction.
The Government Departments will consist of the following:
Department of Treasury
The Department of Treasury shall be responsible for the following:
Responsible for the implementation and maintenance of the Annual Budget
Responsible for taxation policy
Responsible for economic policy, fiscal policy, market regulation
The Head of State and the Department of Treasury reserves the Right to lower remuneration/funding of all Government Employees and Departments as deemed necessary. This Article overrides annual salaries, stated in Contracts of Employments and allows the Head of State and/or Department of Treasury to lower remuneration:
The Head of State and/or Department of Treasury also reserves the Right to increase remuneration/funding of all Government Employees and Departments as deemed necessary.
An Agency of the Department of Treasury is the Imperial Bank of Lehmark, and will be headed by the Governor of the Imperial Bank of Lehmark:
The Imperial Bank of Lehmark will be responsible for:
Providing Savings, Checking and Deposit Accounts and Providing Loans to Citizens and Businesses of the Empire
The Imperial Bank of Lehmark will be wholly owned by the State; the Imperial Bank of Lehmark is unable to be sold off or privatized.
The Imperial Florin (f ) is hereby established and shall be the official currency of the Empire, along side the Australian Dollar.
The Imperial Bank will establish the denominations of the Imperial Florin as required.
The Imperial Bank has the authority to change how the Imperial Florin is financially backed.
An Agency will be established under the Department of Treasury and will be called the, Agency of the Economy and Employment. The Agency will be headed by the Minister of the Economy and Employment.
The Agency of Economy and Employment will be responsible for:
Business Centre and Commercial Development Policy.
Development of International Trade.
Employment and Job Creation policy.
Agricultural development policy.
Employee and Employer rights and responsibilities and will:
The Agency of Economy and Employment has the power to press charges against any registered company in Lehmark, and to bring said charges before the Supreme Court of Lehmark for trial and judgment.
Investigate cases of:
Tax evasion – The Minister of the Economy has the power to conduct a full audit.
Unethical commercial activities
Unfair wage payments
Breaches of International Trade Treaties
Department of Internal Affairs
The Department of Internal Affairs shall be responsible for the following:
Managing Applications for Citizenship:
Granting and Revoking of Citizenship
Registering Births, Deaths, Marriages
Registering Citizens who joined by Application
Supplying support services to Departments of the Crown
Advising the government on a range of relevant policies and issues
An Agency of the Department of Internal Affairs is the Agency of the Imperial Archives, and will be headed by the Chief Imperial Archivist:
The Agency of the Imperial Archives will be responsible for the following:
Ensuring that all Documents, Forms, request Imperial Decrees are properly controlled and stored and ensuring that documents are readily available upon Approved Freedom of Information request.
Maintain the Register of Births, Deaths and Marriages
Maintain the Register of Citizens who Joined by Application.
An Agency of the Department of Internal Affairs is the Agency of National Security and will be headed by the Director of National Security:
The Agency of National Security will be responsible for:
Ensuring the integrity and security of Lehmark’s borders during peace time and conducting the defense of Lehmark during times of conflict.
Maintaining civil law and order and security of the Citizens of Lehmark.
The defense and security of the Head of State and ensuring their safety.
Have the power to apply to the Supreme Court to issue judgement preventing any natural or legal Person from publishing and/or sharing any information which would jeopardize any Imperial Guard of Lehmark, operating undercover pursuant to a Warrant.
Be under obligation to take all available measures to ensure the enforcement of law in the Empire.
Be responsible for law enforcement policy and operations.
Training, drilling, ammunition control and weapon supply of the Imperial Guard of Lehmark.
Those employed by the Agency of Security, excluding the Director of National Security, and charged with maintaining law and order, security and defense of Lehmark will be called the “Imperial Guard of Lehmark”
Head of State is the Commander-in-Chief of the Imperial Guard of Lehmark and will conduct the defense of Lehmark, during times of conflict:
Any refusal of a military order shall result in a dishonourable discharge; and in times of war will result in execution.
The Imperial Guard of Lehmark are charged with law enforcement and national defense and therefore cannot be used to conduct offensive military actions.
Department of Justice
The Attorney-General of Lehmark, will be the Head of the Department of Justice and whose job it is to oversee all governmental legal affairs and therefore the Attorney-General and by extension the Department of Justice shall be responsible for the following:
Responsible for functioning of Courts
Responsible for making recommendations on Court Appointments to the Head of State
Responsible for Law and Justice which includes the following:
Alternative dispute resolution
Law reform suggestion
Marriage and family law
Personal property securities
Legal services to the Empire
Writing and updating the Criminal and Civil Law Codes of the Empire
Responsible for Administration of Criminal Justice, which includes:
Criminal Law Policy and principles of criminal responsibility
Matters relating to prosecution
Sentencing and management of federal offenders
Internal crime cooperation, including extradition and mutual assistance in criminal matters
Protective security policy
Freedom of Information
Fraud and anti-corruption policy
Whole of government integrity policy and activities
An Agency of the Department of Justice is the Agency of Chief Public Prosecutor and will be headed by the Chief Public Prosecutor.
The Agency of the Chief Public Prosecutor will be responsible for the following:
The Chief Public Prosecutor shall be under obligation to take all available measures to ensure all public prosecutions are undertaken in good faith and in the interest of a Victim or the Citizens of the Empire where applicable.
The Office of the Chief Public Prosecutor shall employ Public Prosecutors acting in accordance with this Constitution
Department of Foreign Affairs
The Department of Foreign Affairs will be responsible for the following:
Trade and investment
Department of Environmental Protection
The Department of Environmental Protection will be responsible for the following:
Responsible for the Environmental Policy of the Empire
Responsible for policies specifically regarding, plastic waste, recycling, green energy and ocean protection
Responsible for making legislative suggestion to the Head of State regarding environmental protection
Department of Education
The Department of Education will be responsible for the following:
The establishment and maintenance of the Imperial University of Lehmark
Ensuring a basic education is provided to the entirety of the Empire's population
Responsible for the Empire's Educational Policy and providing education related legislative suggestions as well as Education Reform suggestions to the Head of State.
Department of Culture
The Department of Culture will be responsible for the following:
The implementation of projects, and other works relating to:
Cultural Policy of the Empire
Arts Policy of the Empire
Sports Policy of the Empire
Science Policy of the Empire
Department of Health (Amendment 24 July 2021)
The Department of Health will be primarily responsible for National Health Policy:
Management of COVID19
Working with the Ministry of Sports to promote sports
National mental health support and awareness
Managing national drug policy and legislation
Supporting health of sex workers and promoting safe sex practices.
Managing human quarantine
Supporting health employees and administration
Medical indemnity issues
National health insurance regulation
Private health insurance is outlawed. Lehmark will have a National Health Insurance Company which will be overseen and managed by the Department of Health and will pay for any and all surgeries which are performed in Lehmark by a Lehmarkian health practitioner.
Health practitioner regulations
As Lehmark is a micronation, the Department of Health will not be required to sponsor the construction and maintenance of hospitals, medical clinics or any other physical health infrastructure. However it can approve the construction and maintenance of private health facilities.
The Head of State has the right to five forms of Legislative Decrees:
Any Decree that is not covered by a Financial, Treaty, Title or Constitutional Decree.
The Annual Government Budget:
The Annual Budget is to be financed by the Imperial Treasury and maintained by the Department of Treasury.
The Annual Budget shall be calculated using realistic expectations and is not allowed to exceed the previous years income, unless through special provision.
Should the State Revenues not be able to cover the Annual Budget then the Head of State retains the right to seize property and assets of any Noble or Citizen to cover said costs
Any changes to taxation:
This includes creating new taxes, revoking old ones and changing rates
In the Empire all subjects are required to pay taxes, this includes the Nobility and the Churches.
Any changes to tariffs
These are deemed as any Decree Negotiating:
Declaration of War
Peace Negotiations and Signing
Economic Treaties and Sanctions
Membership and Withdrawal from International Organisations
Annexation of Land and Returning of Annexed Land
Relating to the Granting, Revoking and Amending of Nobility Titles and their associated territory
These are defined as any changes to the Constitution
Article VI: Judicial Power:
The Court system shall consist of a single Court, the Supreme Court:
The Supreme Court of the Empire shall first and foremost protect the Rights and Freedoms of the Citizens of the Empire.
The Supreme Court Judicial Board Membership will consist of the following:
The Chief Justice of the Supreme Court:
Appointed for life, based on recommendations from the Department of Justice, by the Head of State or until the Head of State deems a replacement is required.
Two Justices of the Supreme Court:
Four Magistrates of the Supreme Court responsible for Civil Cases
Appointed for a five year term by the Chief Justice of the Supreme Court, based on recommendations by the Department of Justice.
Four Magistrates of the Supreme Court responsible for Criminal Cases:
The Supreme Court Functionality:
Both Justices of the Supreme Court shall act as Justices of Appeal in Civil and Criminal cases. Appeals must be based on, the point of law, material procedural irregularity or severity of sentence:
Should this Appeal fail, another appeal can be made to the Chief Justice of the Supreme Court, and finally should this fail then a final appeal can be made to the Head of State personally.
Both Justices and Chief Justice of the Supreme Court will act as a Constitutional Decree Review Board when presented with Constitutional Imperial Decrees:
The Supreme Court is excluded from reviewing Land, Title, Finance and Ordinary Decrees.
Should the Supreme Court find a Decree to be unconstitutional, or harmful to the State or a Citizen of the Empire, then the Chief Justice will initiate a Veto Voting Session during which the Decree shall be voted on by all three Justices, which if unanimous then the Decree will be considered vetoed at which time the Decree will be returned to the Head of State for alteration and re-submission:
This said veto can be overridden by the Head of State, if deemed necessary for the continuance of a functioning government at which time the Decree in question will become law.
If a unanimous vote cannot be reached after three attempts, then the Decree will be considered accepted by the Supreme Court.
The Supreme Court must hold the Constitutional Decree Review within 7 days of the Imperial Decree being issued to the Supreme Court or the Decree will be automatically accepted into law.
No Justice or Magistrate is permitted to hold a Judicial Seat whilst holding power in one of the other Branches of Government.
The Civil Magistrates shall have jurisdiction to adjudicate all disputes concerning contracts which were made under, and civil wrongs which took place within, the jurisdiction of the Empire:
These decisions can be appealed to the Justices’ of the Supreme Court if they meet the particular requirements.
The Criminal Magistrates shall have jurisdiction to adjudicate all disputes regarding that of a criminal nature, in accordance to the Criminal Law Code:
Jury trial is not an established practice within the Empire and thus Criminal Case Magistrates have full authority to make all Decisions and Sentences.
The Head of State retains full authority to do the following:
The Head of State appoints person/s to the positions of Chief Justice and Justice of the Supreme Court; and is able to ignore the recommendations of the Department of Justice; is able to overturn any appointment to the positions of Criminal and Civil Magistrates.
The Head of State can amend all Decisions and Sentences made by The Chief Justice of the Supreme Court, Justices of the Supreme Court, Civil and Criminal Magistrate’s of the Supreme Court.
The Head of State is allowed to act as an Honorary Justice on any Civil, Criminal or Constitutional Case and therefore can make decisions and sentences, while the sitting Judicial Member is recused.
The Head of State is the final “Court” of Appeal for all Civil and Criminal cases as the Head of State is the source of all law.
Chapter Three: Bill of Rights
Article VII: Bill Of Rights:
Basic Human Rights
These rights shall form the absolute basis for any all future Human Rights introduced into the Empire, and are unrevokable for all time:
The Right to Freedom of Conscience
The Right to Freedom of Press
Except in regards to hate speech, racism, intent to incite violence.
The Right to Freedom of Religion
The Right to Freedom of Expression
Except in regards to hate speech, racism, intent to incite violence.
The Right to Freedom of Speech
Except in regards to hate speech, racism, intent to incite violence.
The Right to Freedom from Discrimination
The Right to Security and Liberty
The Right to Privacy
The Right to Equal Treatment Under the Law
The Right to Life
The Right to Own Property
The Right to Defend Oneself
The Right to Bodily Integrity
The Right to Equal Birth and Rights
The Right to Freedom of Movement
The Right to Freedom from Violence
This also means that all firearms are illegal within the Empire. The only persons who are permitted to carry firearms are the Members of the Imperial Army during war time, martial law or training and drilling sessions.
The Right to Access Basic Services
Such as education, healthcare, water, internet access, sanitation and food.
Human Rights Derived from the United Nations Charter on Human Rights
In The Empire of Lehmark all humans, male, female, intersex, gender fluid and transgender are born, free and equal in dignity and right. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.
A person's right as set out in this Charter cannot in anyway be infringed or revoked based upon their gender, colour of their skin, sex, gender identity, language, religion, political or other opinion, national or social origin, property, birth or other status.
Everyone has the right to life, liberty and security of person.
Slavery and all its form are illegal.
Torture, inhuman or degrading is illegal.
Everyone has the right to recognition as a person before the law.
Everyone is to be treated equally before the law and receive the same protections, without discrimination.
Everyone has the right to an effective remedy by the Courts of Law should their rights be transgressed.
No one shall be subjected to arbitrary arrest, detention or exile. No one shall be held in captivity without reason for longer than 72 hours.
Everyone who has been charged with a penal offence has the right to be presumed innocent until proven guilty in a Court of Law.
No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed.
No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.
Everyone has the right to freedom of movement and residence within the borders of each state:
Everyone has the right to leave any country, including his own, and to return to his country. To leave the borders of the country is not the same as renouncing Citizenship, and everyone has the right to return.
Everyone has the right to seek and to enjoy in other countries asylum from persecution:
This right may not be invoked in the case of prosecutions genuinely arising from non-political crimes or from acts contrary to the purposes and principles of the United Nations.
Everyone has the right to a nationality and no one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality. Membership within the Empire is entirely optional, unless someone is born on Imperial Territory.
Men, women, intersex and non-binary peoples of full age, without any limitation due to race, nationality, religion, sexual or gender preferences have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution. Marriage shall be entered into only with the free and full consent of the intending spouses
Everyone has the right to own property alone as well as in association with others.
Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.
Everyone has the right to freedom of opinion and expression. The Right to Freedom of Speech is protected – except in cases of hate speech, racism or the intent to do others harm.
Everyone has the right of equal access to public service in his country.
Everyone, as a member of society, has the right to social security and is entitled to realisation, through national effort and international co-operation and in accordance with the organisation and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality.
Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment:
Everyone, without any discrimination, has the right to equal pay for equal work.
Everyone who works has the right to just and favourable remuneration ensuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection.
Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay.
Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control:
Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection.
Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory. Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit:
Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. It shall promote understanding, tolerance and friendship among all nations, racial or religious groups, and shall further the activities of the United Nations for the maintenance of peace.
Parents have a prior right to choose the kind of education that shall be given to their children.
Everyone has the option to choose a secular education over a religiously based one and vice versa.
Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits:
Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author.
Everyone is entitled to a social and international order in which the rights and freedoms set forth in this Declaration can be fully realised.
Everyone has duties to the community in which alone the free and full development of his personality is possible:
In the exercise of his rights and freedoms, everyone shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society.
LGBTIQ+ Specific Rights
These Specific Rights are established in the Empire to ensure all members of the LGBTIQ+ have equal Rights and Protections under the law:
Are allowed to serve in all branches of the military
A person who identifies as LGBTIQ+ are allowed to immigrate to the Empire and receive Citizenship.
A person who identities as LGBTIQ+ has the same legal rights and protections before the law and a cisgender person.
A full ban on all conversion therapies is hereby enforced.
No one shall be refused the right to donate blood, unless, a transferable fatal disease that cannot be removed or treated is present in that person's blood, in which case that person would not be allowed to donate blood as this would endanger many lives.
A person cannot refuse services, healthcare, a job, marriage license or anything not specifically outlined in this Charter based on religious grounds.
A person cannot discriminate and refuse to hire based on sexual or gender preferences. The same would go for termination of employment.
A person cannot refuse education, accommodation and the like based on sexual or gender preferences.
Homophobia and transphobia are deemed illegal.
Any description of discrimination not identified specially by this charter against someone who identifies as Homosexual, Intersex, Non-Binary or Transgender is completely illegal and not tolerated by the Empire, and is punishable by imprisonment.
Same-sex sexual activity is protected and therefore cannot be punished or persecuted.
Same-sex adoption is legal and encouraged.
The age of same-sex consent is hereby set at 16 years of age.
Those who identify as Transgender have the following rights and protections:
Their identified gender is fully recognised by the Government and the Empire.
The option to change gender on Birth Certificate or Citizenship Certificate is completely allowed, and this can be done before or after the surgery is completed. If this is done then that person must commit to gender change surgery within 365 days.
Sex transition surgery is completely legal. Permission is not required by the Government or any Judiciary. The option to reverse the surgery is also available.
An intersex person has the following rights and protection:
Their chosen or identified gender is fully recognised by the Government and all agencies and peoples of the Empire.
A gender surgery or correction cannot be enforced on the intersex person at any point during their lifetime. The surgery option is to remain the choice of the Intersex person and they choose male, female genitalia or may stay intersex their entire life. The option to choose non-binary is also open.
An intersex person shall have the same rights and protections before and after they choose or do not choose a gender.
Those who identify as Non-Binary has the following rights and protections:
A third gender option shall be available on all government forms.
A non-binary person's chosen pronouns are fully recognised and accepted.
Women’s Equality Rights
The following Rights are hereby established for Women to ensure that no previous Article is subjected to interpretation and there is no question of what a woman can or cannot do:
Women who are working in the same role as a man shall be paid the same amount. Equal pay shall now become an established practice – this is also dependent on relevant skills and education of both sexes.
Woman shall be able to apply and work in all branches of society. No job is closed to them.
Women shall have equal Right to Own Property
Freedom of Movement for Women is protected and recognised.
Discrimination against someone because they are a woman is completely illegal and not tolerated.
No woman shall be objected to an under-age marriage.
Women have The Right to Bodily Integrity – this includes their right to access birth control and abortion. While not legally required the Empire would encourage the woman to involve the father of the child in the conversation regarding abortion.
Women shall have a guaranteed right to Freedom from Violence. This means that all manners of rape, domestic violence, genital mutilation and any other form of violence which could befall a woman are hereby deemed illegal.
Women have full legal rights and shall not be looked down upon in the eyes of the law.
Women have full rights to access the services of marriage and divorce.
Privacy and The Internet
The Following Articles are to be established in the Empire in regards to the Internet and the Privacy of the Internet.
Every Citizen has the Right to Access the Internet.
The internet is to remain “neutral” and thus no charge can be placed upon its access.
The Government shall have no right to interfere with the governance and control over the internet and it is to remain free.
The Right to Privacy is guaranteed and universal and this means:
A Citizens personal data cannot be sold or distributed by companies or the like.
The government has no right to observe the internet or mobile usage of its Citizens – except in the cases of a criminal offence.
All regular laws in the regards to Privacy under international law are hereby enforced as well.
The Right to Freedom of Expression is also established and enforced, except in the cases of hate speech, racism, or of a nature to incite violence or the like.
Chapter Four: Privileges of the Nobility and Associated Land
Article VIII: Noble Privileges:
Titles of Nobility:
This Constitution establishes three Titles of Nobility:
Duke and Duchess
Count and Countess
Baron and Baroness
Privileges of Each Rank:
Duke and Duchess:
To be recognized as a Duke or Duchess.
The Head of State must issue a Land Grant to someone who is titled as a Duke or Duchess. The size of the Land Grant is not defined.
Count and Countess:
To be recognized as a Count or Countess
The Head of State may choose to grant land to either a Count or Countess which will be attached to that title; or
The Head of State may choose to make that Count or Countess of the Empire – meaning there is no land attached to the title.
Baron and Baroness:
To be recognized as a Baron or Baroness
The Head of State may choose to grant land to either a Baron or Baroness which will be attached to that title; or
The Head of State may choose to make that Baron or Baroness of the Empire – meaning there is no land attached to the title.
This Constitution recognizes “honorary” titles of the Empire granted by the Head of State, these specific titles may never have a Land Grant issued for that title and the title will forever be “of the Empire”. These Honorary Titles are at the discretion of Head of State.
Non-Recognised and Illegal Privileges of Old Nobility which will not be recognised in this Empire:
Owning an army
Building walls and fortification
Possessing a weapon in public
Freedom from Arrest of either a civil or criminal nature
Trial of Peers
Extracting income from someone of a lower rank
Article IX: Nature of Land and Property
All land in the Empire of Lehmark is formally property of the Crown and therefore legally speaking no land can be owned by anyone but the Crown with States being administered by a Delegate of the Emperor.
When the Crown issues a Land Grant to a Peer of Lehmark, the Crown is granting an inheritable interest in the land and this interest comes with right for that Peer to occupy and use the land in an appropriate manner. The Peer is able to construct, modify and occupy a dwelling at their own cost and maintenance.
Land Granted to a Peer of Lehmark does not come with any amount of autonomy or self-governance. Peers of Lehmark cannot refuse the implementation of an Imperial Decree in their Land Grant.
Land Granted to a Peer of Lehmark is not considered a separate administrative entity and will remain under the jurisdiction of the State in which the Land Grant is contained.
Chapter Five: Final Provisions
Article X: Overriding Provisions:
Unless otherwise stipulated in this Constitution the Head of State, shall be the only one who shall have the authority to sign into law binding international treaties, such as those stipulated by a Treaty Decree as well those which would regulate the flow of goods/services, persons or capital in and out of the Empire.
The Court of the Empire, shall not be able to write, enforce or accept a contract which would: bind a person into slavery, promote sexual services, transferring of paternal rights, restrict of deferring of trade.
The Imperial Administration has the authority to maintain and publicise (where appropriate), a register of all births, death and marriages, a register of Citizenship applications and Unique Identification Numbers, a register of Bank account information, a register of passport and licence granting, a register related to criminal activity and sentencing and finally a register relating to immigration.
The jurisdiction of the Empire is limited to the territory of the Empire, which shall include Consulates, airspace, territorial waters and any area under the effective control of the Armed Forces.
Should a Decree or Treaty be made or created which should directly contradict the Constitution of the Empire, then consideration shall be given as to its interpretation and appropriate Decrees and/or Treaties shall made in order to resolve the issue/s.
Definitions For the purposes of this Constitution:
A “Person” shall represent any human.
An “Individual” shall signify a Citizen or person of the legal age and not lacking mental capacity.
An “Agent of the Imperial Administration” is deemed as any person working for a branch of the Imperial Administration where as the term "Member of the Imperial Administration" represents someone who holds public office.
The term “Agent of Law” shall signify any Person working for the Agency of National Security or the Office of the Public Prosecutor.
The term “Citizen” shall signify any Person holding citizenship of the Empire.
The term “Resident” shall signify any Person within the jurisdiction of the Empire who is not a Citizen.
The term "law" shall signify any Imperial Decree declared by the Head of State in accordance with the Legislative, Executive and Judicial provisions as made out within this here Constitution.
9 May 2019 Amendment I based on Imperial Decree Number IV on the creation of the Offices of the Imperial Archives
9 May 2019 Amendment II based on Imperial Decree Number V on the Organisation and Responsibility of the Supreme Court
19 May 2019 Amendment III based on Imperial Decree XI on the Imperial Bank and Currency
25 May 2019 Amendment IV based on Imperial Decree XII on the Supreme Court (Second Amendment)
30 May 2019 Amendment V based on Imperial Decree XIII on the 2019 Charter on Human Rights
5 June 2019 Amendment VI based on Imperial Decree XIV on Constitutional Reform 2019
1 September 2019 Amendment VII based on Imperial Decree XXXII on Revision of Treaty Decree
22 September 2019 Amendment VIII based on Imperial Decree XXXVI on Constitutional Wording Revision
8 August 2020 Amendment IX based on Imperial Decree LIV on Abolishment of the Armed Forces
24 July 2021 Amendment X based on Imperial Decree LXXIII on Department of Health