PREAMBLE
IN ORDER TO establish a long-lasting structure and order to the Hokorian State where it was previously lacking such,
AND TO affirm the core values of the Hokorian State,
AND LASTLY TO ensure that all people are treated as equals,
By the command of the Monarch- Their Majesty, Koru Willow I, this Constitution of the Hokorian State is hereby enacted on the 1st November 2024.
NOTICES
- First enacted on the 1st November 2024.
CHAPTER 1- THE NATION
Part 1- Establishment and national sovereignty
- The Hokorian State is hereby established, subject to the Montevideo Convention on the Rights and Duties of States of 1933 and to the Universal Declaration of Human Rights of 1948.
- National sovereignty shall belong to the Hokorian people, from where all powers of the state emerge, whilst considering the ceremonial nature of the nation’s territory.
- The official language of the Hokorian State shall be the English language.
Part 2- Territory and boundaries
- The territory within the defined provincial boundaries of the Hokorian State shall be considered to be the sovereign territory of the Hokorian State.
- The provincial boundaries of the Hokorian State may be amended by the Crown.
- The ceremonial capital of the territory of the Hokorian State shall be Kojima.
Part 3- Nationality
- A child may acquire Hokorian nationality through being born within the territory of the State of Hokoria, being born to a parent with Hokorian nationality, through a parent acquiring Hokorian nationality as defined by law.
- A person may acquire Hokorian nationality through other means, as defined by law.
- No person shall be released of their Hokorian nationality without an acceptable reason, and shall only be released of their Hokorian nationality where they are in possession of or will be granted the nationality of another state, as specified by law.
- Hokorian nationality may be granted and released by the Crown and any body or person granted authority by the Crown, as specified by law.
- A Hokorian national may forfeit their Hokorian nationality through giving notice to the Crown, which the Crown shall accept.
Part 4- Flag
- The flag of the State of Hokoria shall be sized at a ratio of 3:2. The leftmost third of the flag shall consist of a navy blue column. The navy blue column shall contain one white symmetrical star with four points, centred in the navy blue column, with four white symmetrical stars with four points at half the size of the centred star being arranged to between each point of the centred star. To the top and bottom of the centred star shall be two white symmetrical stars with four points at half the size of the centred star, at the same distance from the centred star as the four stars surrounding it. The two thirds to the right of the flag shall consist of thirteen stripes of equal size, alternating between navy blue and white, whilst starting with and ending with navy blue. The stripes shall be at an angle of 57.8 degrees clockwise.
CHAPTER 2- THE CROWN
Part 1- The Koru
- The Crown is the sovereign institution of the head of state, the embodiment of the same, and the moderator of its functions and organs. It is vested in a single Monarch who bears royal dignity.
- The Crown assumes the highest representative capacity of the Hokorian State in international relations.
Part 2- Service and succession
- The Monarch serves until their demise or abdication.
- Upon death or abdication, the Crown shall be acceded by a Hokorian citizen elected unanimously by the Constitutional Council of the Assembly.
- The Monarch is considered incapacitated at their own volition or by a supermajority vote of two thirds of the Constitutional Council.
Part 3- Regency
- If the Crown lies vacant, the Constitutional Council acts as a regency council, assuming all constitutional duties in plenary until a Monarch is selected.
- Where the Constitutional Council of the Assembly is functioning as a regency council, the Constitutional Councillors of the Assembly shall collectively assume the powers of the Crown, with the exception of giving assent to Acts that alter service, succession and regency law related to the Crown and the Constitutional Council of the Assembly.
- Upon the Crown declaring themselves as no longer incapacitated, or upon the Constitutional Council of the Assembly declaring the Crown as no longer incapacitated, the Constitutional Council of the Assembly shall cease functioning as a regency council.
- Upon a Crown being elected by the Constitutional Council of the Assembly where there was the absence of a Monarch, the Constitutional Council of the Assembly shall cease functioning as a regency council.
- Where the Constitutional Council of the Assembly has ceased functioning as a regency council, the Constitutional Councillors of the Assembly shall have the powers of the Crown withdrawn from them.
Part 4- Executive orders
- The Crown may issue an Executive order that is binding to their Government, Courts and Assembly, as specified by law.
- An Executive order shall be repealed upon direction by the Crown and a passed Order of the Constitutional Council.
CHAPTER 3- THE ASSEMBLY
Part 1- Establishment of the Assembly
- The Assembly shall work to enact laws, protect the Crown and work to hold the Government accountable.
- The Assembly shall consist of two councils, each with separate functions and structures.
Part 2- Functions of the Legislative Council of the Assembly
- The Legislative Council shall be a council within the Assembly.
- The Legislative Council shall be made up of the Crown and elected Legislative Councillors, as specified by law.
- Upon the conclusion of a general election, the Crown may open a session that shall last no longer than one calendar year.
- The first deed of the Legislative Council after its opening shall be to elect a Legislative Councillor as the Speaker of the Legislative Council, through private ballot.
- The Speaker of the Legislative Council shall moderate the floor of the Legislative Council, and to maintain order within the Legislative Council through ensuring that proper procedure is followed.
- The Speaker of the Legislative Council shall conclude a session where the current session has lasted close to one calendar year, or where a general election is approaching.
- Upon the conclusion of a session of the Legislative Council, the Speaker of the Legislative Council shall be dismissed by the Crown.
- Upon the commencement of a general election, the Crown shall dismiss all Legislative Councillors.
- Upon the resignation or incapacitation of a Legislative Councillor, the Crown may dismiss the Legislative Councillor, as specified by law.
- During a period where there is no session of the Legislative Council, the Crown may pass Acts where they are imperative to public safety, protection or the peace and prosperity of the nation.
- The Legislative Councillors may present Bills to the Legislative Council, with the express consent of the Speaker of the Legislative Council.
- The Legislative Councillors may motion for the Speaker of the Legislative Council to hold a debate or vote.
- The Speaker of the Legislative Council may refuse to allow the presentation of a Bill where it has been previously presented to the Legislative Council in a short period of time.
- The processes and further provisions of the Legislative Council shall be specified by law.
Part 3- Functions of the Constitutional Council of the Assembly
- The Constitutional Council shall be a council within the Assembly.
- The Constitutional Council shall be made up of Constitutional Councillors appointed by the Crown, as specified by law.
- The Constitutional Council shall not be bound to sessions.
- The Constitutional Councillors may present an Order to the Constitutional Council.
- The Constitutional Councillors may hold a debate or vote in regards to a topic or Order.
- Upon the resignation or incapacitation of a Constitutional Councillor, the Crown may dismiss the Constitutional Councillor and appoint a new Constitutional Councillor, as specified by law.
- The processes and further provisions of the Constitutional Council shall be specified by law.
Part 4- Political parties
- Hokorian nationals may form, have membership within and contribute to a political party without authorisation, as specified by law.
- Legislative Councillors shall have the right to be a member of a political party, or not to be a member of a political party.
- Where they are a Legislative Councillor, the leader of the political party that has the most Legislative Councillors as political party members shall be invited by the Crown to act as the Chief Advisor.
- Where the leader of the political party that has the most Legislative Councillors as political party members is not a Legislative Councillor, the political party shall hold an internal vote to elect a Legislative Councillor as the Chief Advisor.
- The political party with the most Legislative Councillors as political party members may form a coalition with other political parties with Legislative Councillors as political party members through a coalition agreement.
- Where a political party no longer has the most Legislative Councillors as political party members, the Crown shall dismiss the Chief Advisor.
- Where over half of the Legislative Councillors write a letter of no confidence to the Crown, the Crown shall dismiss the Chief Advisor and hold a general election.
Part 5- Elections for the Legislative Council of the Assembly
- A general election for the Legislative Council shall be held regularly, as specified by law.
- A snap election for the Legislative Council shall be held upon a Legislative Councillor losing their seat whilst a session of the Legislative Council is active, as specified by law.
- Voting for either a general election or a snap election shall take place in a period of 48 consecutive hours.
- Upon the commencement of voting in a general election or a snap election, the Crown shall release a ballot for voters to submit and cast their vote with.
- The Crown shall allow Hokorian nationals to submit a single ballot for a general election or a snap election, where they are not excluded from voting, as specified by law.
- It shall not be permitted for the Crown to share the details of a ballot submitted for a general election or a snap election, including the fact that a person submitted a ballot at all, except for where a ballot was submitted incorrectly and the Crown is contacting the voter privately to inform them that their ballot was submitted incorrectly.
- Where voting for a general election or a snap election has concluded, the Crown shall publish the results of the general election or snap election, alongside the total number of valid ballots and voided ballots, at their earliest convenience.
Part 6- National referendum
- Where passed in a vote of the Legislative Council, a national referendum shall be called, as specified by law.
- Upon the commencement of voting in a national referendum, the Crown shall release a ballot for voters to submit and cast their vote with.
- The Crown shall allow Hokorian nationals to submit a single ballot for a national referendum, where they are not excluded from voting, as specified by law.
- It shall not be permitted for the Crown to share the details of a ballot submitted for a national referendum, including the fact that a person submitted a ballot at all, except for where a ballot was submitted incorrectly and the Crown is contacting the voter privately to inform them that their ballot was submitted incorrectly.
- Where a ballot is submitted incorrectly, it shall be considered voided and shall not count to the results of a national referendum.
- Where voting for a national referendum has concluded, the Crown shall publish the results of the national referendum, alongside the total number of valid ballots and voided ballots, at their earliest convenience.
CHAPTER 4- THE GOVERNMENT
Part 1- Establishment of the Government
- Their Majesty’s Royal Government shall work to govern, develop and oversee the functions of the state whilst defending Hokorian nationals and ensuring that this Constitution is applied.
- The Government shall serve both the Crown and the Hokorian people.
Part 2- Appointments and dismissals
- Appointments and dismissals to Royal advisory positions may be made, as specified by law.
- Appointments to and dismissals from Government offices, ministries and organisations of Civil Service staff may be made, as specified by law.
Part 3- Offices, ministries and organisations of the Government
- Their Majesty’s Royal Office shall be the executive office of the Crown, the Chief Advisor and the Crown’s Government Advisors.
- Government offices, ministries and organisations may be formed, removed or be changed in any way, as specified by law.
- Government offices, ministries and organisations shall be held to account by the Legislative Council.
Part 4- Functions of the Government
- The Government shall work to oversee, manage and provide services that are provisioned in legislation.
- The Government shall work to support and protect Hokorian nationals, in Hokoria and internationally, where it is possible.
CHAPTER 5- THE COURTS
Part 1- Establishment of the Courts
- Their Majesty’s Courts shall work to ensure that justice takes place in a fair and organised manner.
- The Courts shall serve the Crown.
- The Courts shall be overseen by the Crown at the highest level and be led by a Chief Judge.
- Courts within Their Majesty’s Courts may be formed, dissolved or changed, as specified by law.
Part 2- Appointments and dismissals
- Appointments and dismissals of the Chief Judge may be made, as specified by law.
- Appointments and dismissals of Judges may be made as specified by law.
- Their Majesty’s Courts shall be allowed to make appointments and dismissals of Civil Service staff, as specified by law.
Part 3- Applications to the Courts
- The Government shall be able to make an application for a case to the Criminal Court, as specified by law.
- Any member of the public and their counsel shall be able to make an application for a case to the Civil Court, as specified by law.
- Any convicted person and their counsel shall be able to make an application for a case to the Appeals Court, as specified by law.
Part 4- Duties of the Courts
- The Courts shall give all involved parties reasonable opportunity to argue their cases, as specified by law.
- In cases relating to criminal justice, a Jury shall find the defendant either guilty or not guilty in a verdict, as specified by law.
- Defendants found guilty in cases relating to Criminal justice shall be given the opportunity to appeal their conviction, as specified by law.
- Impartiality from the Court and the Jury shall be preserved to the best efforts of the Court, as specified by law.
Part 5- Powers of the Courts
- The Courts shall have the power to compel a person or other entity to comply with their rulings, as specified by law.
- The rulings of the Courts shall not be made applicable to the Crown without an acceptable reason.
CHAPTER 6- THE PRINCIPLES
Part 1- The Principles
- Every person shall be given the opportunity to be welcomed into the Hokorian community as equals.
- Every person shall be given the power to make decisions that concern themselves.
- The Hokorian State shall be forever changing and adapting to the needs of its people and the environment that its people live in.
- The Hokorian State shall forever strive towards nurturing a peaceful society and encouraging a peaceful world.
- The Hokorian State shall forever be a place where fascism may never thrive.
- The Hokorian State shall forever be centred around its people rather than any particular individual or group of individuals.
Part 2- Application of the Principles
- The Principles shall be applied by the Government within the Hokorian State, and promoted elsewhere.
- The Government shall promote the Principles among Hokorians.
CHAPTER 7- CONSTITUTIONAL AMENDMENTS
Part 1- Drafting constitutional amendments
- A constitutional amendment may be drafted by the Legislative Council, or a Legislative Councillor.
- A drafted constitutional amendment shall contain the specific changes to be made to the constitution through the amendment.
Part 2- Motioning constitutional amendments
- A constitutional amendment may be motioned to the Legislative Council by a Legislative Councillor.
- A constitutional amendment shall be motioned within the first week of the calendar month.
- A constitutional amendment shall be considered to be a Bill by the Speaker of the Legislative Council.
Part 3- Passing constitutional amendments
- In order for a constitutional amendment to pass through the Legislative Council as a Bill, it shall need to receive support from three quarters of all Legislative Councillors.
- Upon receiving the support of at least three quarters of the Legislative Council, the constitutional amendment shall be passed on to the Constitutional Council.
- In order for a constitutional amendment to pass through the Constitutional Council as a Bill, it shall need to receive the full support from all Constitutional Councillors.
Part 4- Royal assent
- Upon passing through both the Legislative Council and the Constitutional Council, the constitutional amendment shall be passed on to the Crown.
- Upon receiving royal assent, the Crown shall state a date that the constitutional amendment shall come into force.
Part 5- Failure to pass
- Where a constitutional amendment fails to be passed through the Legislative Council, the Constitutional Council, or where it fails to receive royal assent, the same constitutional amendment may not be motioned by a Legislative Councillor for three calendar months.
- Where a failed constitutional amendment is motioned again after three calendar months, it shall need to be passed by the Legislative Council, the Constitutional Council and need to receive royal assent, even where it had previously received any of these.
Part 6- Tracking of amendments
- Successful constitutional amendments shall be noted in the ‘Preliminary Chapter and Notices’ chapter of the constitution, with a summary of the changes that were made to the constitution, as well as the date that the constitutional amendment came into force.
Part 7- Repealing the constitution
- The constitution may be repealed by the Crown, upon receiving the full support of all Constitutional Councillors.