Carta Romana [CLOSED]

[Secundus Imperium Romanum]

Constitution of the Second Roman Empire

Signed on March 1, 1834

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With loyal loyalty and love of our Father, today we come to realize what we announce to our most beloved subjects with our proclamation of December 12, with which we wanted to demonstrate, in the midst of the extraordinary events that surround the country, like ours confidence in them increases with the severity of circumstances and, given only the impulses of our heart, how determined is our intention to adapt its destiny to the spirit of the times, by the interest and the dignity of the nation.

Having considered the broad and strong representative institutions contained in the present constitution as the most certain means of redoubling with the bonds of indissoluble affection that binds our Roman crown, a people that has given us so many proofs of faith, obedience and love. We are determined to sanction and enact it, in the faith that God bless our intentions and that the free, strong and happy nation will always prove more worthy of its former fame and deserve a glorious future. For this reason, by our royal authority, having had the opinion of our council, we order and we order with the force of the constitution and the fundamental, perpetual and irrevocable law of the monarchy. What follows:

Article 1. The Roman Catholic Apostolic Religion is the only religion of the state. All other forms of worship already in existence are tolerated according to the law.

Article 2. The state is governed by an elective monarchy. The throne is decided by the Senate.

Article 3. The legislative power shall be exercised collectively by the Consul and the parliament, which is the Senate.

Article 4. The person of the Emperor is sacred and inviolable.

Article 5. Executive power is reserved to the Emperor and the Consul. Both are the supreme head of state. Both command all armed forces on land and at sea, declare war, make treaties of peace, alliance, trade and other types, notifying them only the Senate as soon as the interest and security of the state permit and accompany such notice with timely explanations. Treaties involving a financial burden or changes in the territories of the state shall not take effect until after the approval of the Senate and the people in general.

Article 6. The Consul makes all appointments to state offices. He issues the decrees and regulations necessary for the execution of the laws, without suspending or dispensing with their observance.

Article 7. The Emperor and the Consul have the power to sanction and enact laws.

Article 8. The Emperor may grant leniency and commute sentences.

Article 9. The Emperor summons the Senate annually. It can proroger [interrupt] your sessions and dissolve the same. In the latter case, however, it shall convene further elections within four months.

Article 10. The Executive and Legislative, along with the people have the right to propose legislation, but all laws that impose taxes or approve budgets and state accounts will be presented first in the Senate.

Article 11. The Emperor, who ascends on the throne, shall take, in the presence of all the senators, the oath of loyalty in the present Constitution.

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Rights and Duties of the Citizens

Article 12. All citizens of the Empire are equal before the law, regardless of their classification or title. All shall enjoy civil and political rights and shall be eligible for civilian and military offices unless otherwise provided by law.

Article 13. Everyone shall contribute without distinction to the charges of the state in proportion to his property.

Article 14. Individual freedom is guaranteed. No one shall be arrested or tried, except in cases and under the terms provided by law.

Article 15. The address shall be inviolable. The search for domicile will not be allowed except in the cases and in the terms established by law.

Article 16. The press shall be free, but the law may suppress abuses of that freedom. However, Bibles, catechisms, liturgical and prayer books should not be printed without the prior permission of the local bishop.

Article 17. All forms of property without exception shall be inviolable. However, where the legally required public interest so requires, you may be required to waive that property in whole or in part, with fair compensation and in accordance with the law.

Article 18. No tax shall be levied or collected without the consent of the Senate and Consul.

Article 19. These assemblies remain completely subject to police regulations.

Article 20. Public debt shall be guaranteed. Any obligation of the state to its creditors is inviolable.

Article 21. The right to peaceful assembly without arms shall be recognized in accordance with the laws which may regulate that right in the interest of public welfare. This provision does not apply to assemblies in public places.

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The Senate

Article 22. The Senate shall consist of 361 members appointed by the Consul for 8 years. Your number is limited.

Article 23. The President and the Vice-President of the Senate shall be appointed by the Senators. The Senate must choose its own secretaries.

Article 24. Except in cases of flagrante delicto [caught red-handed in a crime], no senator may be arrested except by an order of the Senate. It is only competent to prosecute crimes of which its members are accused.

[Secundus Imperium Romanum]

Common Provisions to the Senate

Article 25. Senators shall, before being admitted in the exercise of their functions, take an oath of allegiance to the Emperor and shall swear faithfully to observe the constitution and the laws of the State and to exercise functions for the sole purpose of the inseparable good of the fatherland.

Article 26. The positions of senator have the remuneration of 3,000 denarii for the sustenance of their families.

Article 27. Senators shall not be liable for express opinions and votes cast in the Senate.

Article 28. The sessions of the Senate shall be public. But when ten or more members request in writing, the deliberations may be held in closed session.

Article 29. Decisions shall be taken by majority vote.

Article 30. All bills must first be examined by committees, where the Senate shall elect for preliminary consideration. After the discussion and approval of a bill in the Senate, it will be transmitted to the people for a referendum. After that, it will be transmitted to the Consul and Emperor for his sanction.

Article 31. If a bill is rejected by one of the three legislative branches [Senate, Consul and Emperor], it shall not be presented again during the same session.

Article 32. The Italian language is the official language of the Senate. However, it is optional to use dialects derived from it for those members that belong to areas in which it is used or in response to it.

Article 33. No one shall be a senator and a minister at the same time.

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About Ministers

Article 34. The Consul appoints and rejects its ministers.

Article 35. Ministers do not have the right to vote in the Senate, but they have the right of entry and the right to speak.

Article 36. Ministers shall be responsible. Laws and acts of government do not come into effect without the signature of a minister.

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Judiciary

Article 37. The Justice shall be issued by the Executive [Consul and Emperor] and shall be administered on its behalf by the judges whom it shall appoint.

Article 38. With the exception of cantonal judges, judges appointed by the executive shall be irremovable after three years of service.

Article 39. Existing courts and judges shall be withheld. The judicial organization can not be changed, except by legislation.

Article 40. No one shall be removed from its ordinary legal jurisdiction. Consequently, no extraordinary courts or commissions will be created.

Article 41. The procedures of courts in civil matters and hearings in criminal matters shall be public, in accordance with the law. The binding interpretation of laws is an exclusive prerogative of the legislature.

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General Provisions

Article 42. Titles of nobility are held for those entitled to them. The Emperor can check new ones.

Article 43. No one shall receive decorations, titles or pensions from a foreign force without the authorization of the Emperor.

Article 44. All laws contrary to this statute shall be repealed.

Carlo Alberto
President of the Constituent Assembly.