Summary
The original Constitution was drafted toward the end of the Second Rosen Civil War in 1982. It was based upon the previous Socialist Party manifesto and new works from notable socialists and communists such as Jorge Almeida and Hatsue Yuhara. The Second Constitution was drafted by the Executive Committee of the Transitory Commonwealth in order to rectify issues that plagued the First Commonwealth, like autocracy, bureaucracy, and the failure of state-acquired corporations. The constitution defines the overall structure of the Rosen Commonwealth’s government, and guarantees fundamental human rights and protections to the Commonwealth’s citizens. While the Second Constitution does not overtly claim an ideology it identifies with, it leans toward democratic socialist ideas, particularly the Almeidaist line of thought.
Background
From 4 January 1990 to 3 November 1993, the Transitory Government of the Rosen Commonwealth (the Transitory Commonwealth), functioned as the provisional government succeeding the First Rosen Commonwealth. It convened in Alismos for most of its existence. Delegates were reform-minded members of the WSPRC, often with Almeidaist1 views. The Transitory Commonwealth, despite its ideological homogeneousness, was divided heavily and bitter due to the aftermath of the Nuclear Crisis and the failures of the First Commonwealth. With the provisional assembly comprising over three hundred delegates, the Transitory Commonwealth chose to resolve its chronic disagreement by electing a higher authority. On 16 March 1990, the assembly elected thirteen delegates, allocating about one for every ethnic group, to serve as the Executive Committee of the Transitory Commonwealth. Chaired by Deng Liang, a Mayolic lawyer and academic, the Executive Committee was able to narrow the convention down to a single issue to solve: a constitution. Deng believed there were four key provisions to establish consensus on: the form of government, whether the government would be socialist, how to prevent the emergence of another dictator, and whether the socialist party should retain its oversight position in politics. From March to August of 1990, the Committee eventually determine the commonwealth would be a federal directorial socialist republic built on Almeidaist principles. It would reestablish republics and encourage ethnic sovereignty
Content
Preamble
The Executive Committee of the Transitory Rosen Commonwealth, representing the Rosens of East Aya, assembled on the third of November, nineteen-ninety, does hereby proclaim a new constitution in order to form a peaceful, fair, and orderly Second Rosen Commonwealth.
The signing and subsequent effect of the constitution shall abolish the provisional military government deemed necessary in the face of civil war. It shall also abolish all prior constitutions, decrees and other legal authorities.
We, in our authority as committed statespeople and politicians, declare that Rosens shall hold inalienable and sacred rights and shall participate in fair and representative government operating in a democratic and free manner.
The people of the Rosen Commonwealth have the ultimate moral authority; they uphold principles of the consent of the governed, and their lives are considered perfect and sacred.
Title 1: Rights, Freedoms, and Obligations of the Citizen
Article 1.1
The Rosen commonwealth shall insure, guarantee, and defend the rights of all citizens of the Rosen Commonwealth. These rights include the following articles.
Article 1.2
No citizen shall be deprived of food, water, and sustenance of all kinds.
Article 1.3
No citizen shall be deprived of housing, electricity, heating, or cooling.
Article 1.4
No citizen shall be deprived of participation in a representative government. Furthermore, no citizen shall be disenfranchised under any circumstances.
Article 1.5
No citizen shall be subjected to state religion, nor shall the government impede upon the free practicing of religion.
Article 1.6
No citizen shall be deprived of the right to possess property.
Article 1.7
Citizens of the Rosen Commonwealth shall have the inalienable, unobstructable right to free press, free speech, and free assembly, save there is no disturbance of local order or law.
Article 1.8
Citizens have the right to due process under the law, and they shall be considered innocent until proven guilty. Citizens have the right to a legal defense, an impartial jury, and an impartial judge in an ordered court of law.
Article 1.9
Citizens shall not be subjected to unreasonable, unconsented search and seizure of their property.
Article 1.10
The Constitution, when necessary, may only be amended by fair referendum of the people under the observance of the federal government.
Article 1.11
All citizens, men and women alike, are created equal.
Article 1.12
Citizens are obligated to defend the Rosen Commonwealth against enemies of liberty, and democracy.
Article 1.13
Citizens are obligated to ensure the safety, vitality, and general well-being of their fellow citizens.
Article 1.14
Citizens are obligated to participate in the election of their representatives in government.
Title 2: Economics and Public and Private Industry
Article 2.1
The activities of commerce in the Rosen Commonwealth shall be split into two levels, the upper level being moneyed and the lower level being moneyless.
Article 2.2
Within the lower level of economics, citizens shall join in participatory labor, free from industrial, wage-driven servitude.
Article 2.3
The upper level of economics shall be moneyed for the sole purpose of ensuring diplomacy and participation in the global economy continues.
Article 2.4
The economy of the Rosen Commonwealth will use the Ayan Credit as its currency.
Article 2.5
Private industry shall not deprive, limit, or repeal the rights and freedoms of citizens.
Article 2.6
Private industry must make their finances public and easily viewed.
Article 2.7
Private industry must act by the Commonwealth government in the citizens’ best interests.
Article 2.8
Private industry shall be taxed per the socialist principles of Almeidaism.
Title 3: The Secretariat
Article 3.1
The Secretariat of the Rosen Commonwealth exercises the executive powers of the state.
Article 3.2
The Secretariat-Directory, a council of specially-empowered senators, shall be the supreme governing force and executive authority of the Rosen Commonwealth.
Article 3.3
The Secretary-General is elected by the Secretariat-Directory. The Secretary-General is the head of state and government of the Rosen Commonwealth. They are commander-in-chief of the Rosen Commonwealth’s armed forces.
Article 3.4
The members of the Secretariat-Directory are elected simultaneously by the Senate for four-year terms.
Article 3.5
The Secretary-General is elected by the Secretariat-Directory for eight-year terms. They may serve a maximum of two terms.
Article 3.6
The Secretariat-Directory decides and proclaims aims as a collegial body.
Article 3.7
Every member of the Secretariat-Directory shall oversee a department of the Secretariat.
Article 3.8
The Secretariat-Directory establishes, organizes, and guides the activities of the departments of the Secretariat.
Article 3.9
The Secretariat-Directory decides the objectives of federal policy and the means by which these aims should be achieved.
Article 3.10
The Secretariat-Directory may initiate legislation to be reviewed by the Senate.
Article 3.11
The Secretariat-Directory oversees the implementation of legislation and the orders of federal courts.
Article 3.12
The Secretariat-Directory approves the yearly fiscal plan (budget) put forth by the Senate.
Article 3.13
The Secretariat-Directory negotiates, ratifies, and promulgates treaties signed with foreign nations.
Article 3.14
In the case of war, the Secretariat-Directory must remain in session until the conflict is resolved or dampened to the point where it no longer threatens the state’s security.
Article 3.15
In the case of an extreme state of emergency affecting the Rosen Commonwealth in its entirety, the Secretary-General may assume the powers of the Secretariat-Directory for a temporary period.
Article 3.16
The Secretariat-Directory must convene at least twenty-four times a year. The Secretariat-Directory may not officially convene if a member is absent and their place is not filled by a designated acting secretary.
Title 4: The Senate
Article 4.1
The Senate is the supreme legislative authority of the Rosen Commonwealth. It is the only body that may independently create legislation that applies to the entire Commonwealth.
Article 4.2
The Senate is composed of 138 delegations from the republic.
Article 4.3
Every republic comprises three electoral constituencies of equal population. Every constituency is entitled to one pair of two senators; every pair must comprise a male and female senator. Three pairs from a republic constitute a delegation.
Article 4.4
The Senate must convene at least twelve times a year.
Article 4.5
The Senate elects a President from its members to set the legislative agenda and ensure order within the Senate.
Article 4.6
The Senate forms committees on areas of competence and issue. Committees advise departments of the Secretariat in the interests of the constituents of the senators comprising a committee.
Article 4.7
Senators may not form political groups, parties, factions, alliances, or organizations of any kind. The Senate is a non-partisan legislature.
Article 4.8
A bill requires at least seventy votes, the approval of the Secretariat-Directory, and (if necessary) the approval of the Supreme Judiciary to become federal law.
Article 4.9
Every senator has the right to initiate legislation within the Senate.
Article 4.10
If a senator is endorsed by, a member of, or associated in any way with an interest group, they must make their associations publicly known and easily viewable.
Article 4.11
The Senate is empowered to declare war on foreign states.
Article 4.12
The Senate is empowered to levy and collect taxes, duties, and tariffs on goods and services.
Article 4.13
The Senate is empowered to borrow money on the credit of the Rosen Commonwealth.
Article 4.14
The Senate may impeach and remove officers of the Secretariat if they are found to have committed a crime or neglected their duties.
Article 4.15
The Senate investigates and oversees the Secretariat through committees and other bodies deemed necessary to accomplish this matter.
Article 4.16
At least six times per year, selected legislation concerning the Commonwealth wholly must be reviewed in a fair and orderly national referendum.
Article 4.17
Senators serve four-year terms for a maximum of six terms.
Title 5: The Judiciary
Article 5.1
The Supreme Judiciary and the Supreme Court of Appeals are supreme judicial authorities in the Rosen Commonwealth.
Article 5.2
The Supreme Judiciary and the Supreme Court of Appeals are parallel courts with equal authority. No decision made by either court may override the authority of the other.
Article 5.3
The Supreme Judiciary interprets law by the Constitution in order to determine its validity and fairness.
Article 5.4
Bills may be sent by senators or members of the Secretariat-Directory to be considered by the Supreme Judiciary. The Supreme Judiciary must investigate all bills submitted to it.
Article 5.5
The Supreme Court of Appeals, also referred to as the Supreme Court, shall oversee cases between persons, republics, or other bodies with disputes not resolvable by municipal, provincial, or republican courts.
Article 5.6
The Supreme Court of Appeals shall also oversee all cases concerning serious violations of human rights and international law.
Article 5.7
Justices of the Supreme Judiciary are elected by the people of the Rosen Commonwealth.
Article 5.8
Justices of the Supreme Court of Appeals are elected by the Senate and approved by the Secretariat-Directory.
Title 6: Composition of the Rosen Commonwealth
Article 6.1
The Rosen Commonwealth is composed of twenty-three sovereign and autonomous Republics.
Article 6.2
Republics are large subdivisions with inviolable cultures, customs, and peoples.
Article 6.3
Republics shall be divided into provinces and municipalities.
Article 6.4
Provinces shall be divided into counties and municipalities shall be divided into districts.
Article 6.5
Provinces are governed by a Governor and municipalities are governed by a Director.
Article 6.6
Republics are governed by a Chief Executive, have individual assemblies, and courts delegated responsibilities by the judicial authorities of the federal government.
Article 6.7
Chief Executives shall serve a maximum of three six-year terms.
Article 6.8
The duties of the Chief Executive shall, within the bounds of what is constitutionally acceptable, be defined by Republican governments.
Article 6.9
The federal government shall select a municipality to serve as seat of government for the Commonwealth.
Signed 3 November 1990
Bełnowiec, Transitory Rosen Commonwealth
Executive Committee of the Transitory Commonwealth
Serwacy Gajewski Florinda Carvalho Deng Liang Diogo Santos-Higashi Cora Cavaleri Nkululeko Mthobeni Rosana Dias-Ferreira Estelle Keilberth Christian Hewson Jalil Sadiki-Georgen Mayoko Sugita Chernomyrdin Ilyich Elva Collier
Footnotes
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Jorge Almeida was a prominent reformer and representative in the Socialist Party who was eventually purged in 1988 by Julian Rybicki due to his connections to the anti-Rybickist movement. His death greatly accelerated the internal collapse of the First Rosen Commonwealth and his views spawned a new iteration of democratic socialist thought. ↩