Constitution of the Second Roman Empire (Closed)

by **Secundus Imperium Romanum** » Thu Oct 19, 2017 5:46 pm

SECUNDUS IMPERIUM ROMANUM

CONSTITUTION OF 1834

"SENATUS POPULUSQUE ROMANUM"

PREAMBLE

We, the representatives of the Roman people, are assembled to establish the first constitution, being the true representation of freedom in our souls which, under the intense divine pride under our heaven, illuminates our beautiful green fields with the general happiness of the nation and by the yearning of its peoples, inspired by what Our Lord Jesus Christ taught us, the carta magna of our motherland. Therefore, hereby irrevocably establish this Constitution for the Second Roman Empire and its people.

I. FUNDAMENTAL PRINCIPLES

Art. 1.
The Second Roman Empire is a democratic constitutional monarchy based on work. Sovereignty belongs to the people, who exercise it in the forms and limits of the Constitution.

Art. 2.
The empire recognizes and guarantees the inviolable rights of man, both as an individual and in the social formations where his personality develops, and requires the fulfillment of the non-derogable duties of political, economic and social solidarity.

Art. 3.
All citizens have the same social dignity and are equal before the law, without discrimination of sex, race, language, religion, political opinions, personal and social conditions. It is up to the State to remove social and economic obstacles which, in fact limiting the freedom and equality of citizens, prevent the full development of the human person and the effective participation of all workers in the country's political, economic and social organization.

Art. 4.
The Empire recognizes to all citizens the right to work and promotes the conditions that make this right effective. All citizens have the duty to exercise, according to their own possibilities and their choice, an activity or function that contributes to the material or spiritual progress of society.

Art. 5.
The Empire, one and indivisible, recognizes and promotes local autonomies; it acts more, wide administrative decentralization in the services that depend on the State; adapts the principles and methods of its legislation to the requirements of autonomy and decentralization.

Art. 6.
The Empire protects, through specific norms, the linguistic minorities.

Art. 7.
The State and the Catholic Church are, each in its own sphere, independent and sovereign. Relations between the two are regulated by the Lateran Pacts. The amendments to the Covenants, agreed by both parties, do not require a constitutional review procedure.

Art. 8.
All religious denominations are equally free before the law. Religious denominations other than Catholic have the right to organize themselves according to their own statutes, provided they do not conflict with the Roman legal system. Their relations with the State are regulated by law, based on agreements with their respective representations.

Art. 9.
The Empire promotes the development of culture and scientific and technical research. It protects the landscape and the historical and artistic heritage of the Nation.

Art.10.
The roman legal system is in keeping with generally recognized rules of international law. The legal status of the alien is regulated by law in accordance with international norms and treaties and the World Assembly. The foreigner, who is prevented in his country from exercising the democratic freedoms guaranteed by the Roman Constitution, has the right of asylum in the imperial territory, according to the conditions established by law. The extradition of aliens or political crimes is not allowed.

Art. 11.
The Second Roman Empire repudiates war as an instrument of offense to the freedom of other peoples and as a means of resolving international controversies; on a parity basis with other States, on the limitations of sovereignty necessary for an order to ensure peace and justice among nations; promotes and favors international organizations that aim for this purpose.

Art. 12.
The Imperial Flag is the Italian tricolor: green, white and red, in three vertical bands of equal size with the Roman Eagle in its center, representing the solid unity among the peoples that live here.

by **Secundus Imperium Romanum** » Thu Oct 19, 2017 5:59 pm

PART I.
RIGHTS AND DUTIES OF CITIZENS

I. CIVIL RELATIONS

Art. 13.
Personal freedom is inviolable. No form of detention, personal inspection or inspection, nor any other form of restriction on personal liberty is allowed, except by reasoned determination of the judicial authority and only in the cases and forms prescribed by law.

In exceptional cases of necessity and urgency, categorically indicated by law, the public security authority may adopt interim measures, which must be communicated within forty-eight hours to the judicial authority and, if it does not recognize them as valid for successive forty eight hours, the same shall be revoked and void for all herds.

All physical and moral violence against persons who are in any way subject to restrictions of freedom are punished. The law establishes the maximum limits of pre-trial detention.

Art. 14.
The address is inviolable. No inspections or searches or abductions can be carried out, except in the cases and forms established by law, according to the guarantees prescribed for the protection of personal liberty. Inquiries and inspections for reasons of health and public safety or for economic and fiscal purposes are regulated by special laws.

Art. 15.
The freedom and secrecy of correspondence and any other form of communication are inviolable. Its limitation may occur only by determination of the judicial authority, and the guarantees established by law are maintained.

Art. 16.
All citizens may move and reside freely in any part of the national territory, subject to the limitations established by law in general for health or safety reasons. No restriction can be determined for political reasons. Every citizen is free to leave and return to the territory of the Imperial territory, except for the obligations of law.

Art. 17.
Citizens have the right to assemble peacefully and unarmed. For meetings, even in a place open to the public, no prior communication is required. The meetings in a public place must be given prior knowledge to the authorities, who may prevent them only for proven reasons of safety or public safety.

Art. 18.
Citizens have the right to associate freely, without authorization, for purposes that are not prohibited, to individual persons under criminal law. Secret associations and those pursuing, even indirectly, political scopes through military organizations are prohibited.

Art. 19.
Everyone has the right freely to profess his or her religious faith in any form, individually or in association, to propagate it and to practice privately or publicly its worship, provided it is not a rites contrary to good manners.

Art. 20.
The ecclesiastical character and the religious or religious purpose of an association or institution can not be the cause of special legislative restrictions, nor of special fiscal charges for their constitution, legal capacity or any form of activity.

Art. 21.
Everyone has the right to freely express his or her own thinking, either orally or in writing, and any other means of diffusion. The press can not be subject to authorizations or censorship. The abduction can only be carried out by determination of the judicial authority in case of offenses, for which the press law expressly authorizes it, or in case of violation of the norms that the law itself establishes, for the appointment of those responsible.

In such cases, when there is absolute urgency and the timely intervention of the judicial authority is not possible, which must, immediately and never more than twenty-four hours, submit a complaint to the judicial authority. If it does not approve it in the next twenty-four hours, the seizure shall be deemed revoked and void for all purposes.

The law may impose, by means of general rules, that the means of financing the periodic press be revealed. Printed publications, shows and all other manifestations contrary to good custom are prohibited. The law establishes adequate measures to prevent and punish violations.

Art. 22.
No one may be deprived for political reasons of legal capacity, nationality, or name.

Art. 23.
No personal or patrimonial benefit can be imposed, except on the basis of the law.

Art. 24.
All can appeal in court for the protection of their own legitimate rights and interests. Defense is an inviolable right in every condition and degree of procedure. The resources for acting and defending themselves before any jurisdiction are assured to the deprived of resources, through appropriate institutions. The law determines the conditions and modalities for redressing judicial errors.

Art. 23.
No personal or patrimonial benefit can be imposed, except on the basis of the law.

Art. 24.
All can appeal in court for the protection of their own legitimate rights and interests. Defense is an inviolable right in every condition and degree of procedure. The resources for acting and defending themselves before any jurisdiction are assured to the deprived of resources, through appropriate institutions. The law determines the conditions and modalities for redressing judicial errors.

Art. 25.
No one may be deprived of the natural judge appointed by law. No one shall be punished except by application of a law which has entered into force before the act has been committed. No one shall be subject to security measures, except as provided by law.

Art. 26.
Extradition of the citizen can only be permitted when expressly provided for by the international conventions based on the World Assembly and its legislation. Under no circumstances can it be admitted for political crimes.

Art. 27.
Criminal liability is personal. The accused is not considered defendant until final conviction. The penalties can not include treatments contrary to the sense of humanity and should aim at the re-education of the condemned. The death penalty is not allowed.

Art. 28.
Officials and dependents of the State and public entities are directly liable under criminal, civil and administrative laws for acts committed in violation of rights. In such cases, civil liability extends to the State and to public entities.

by **Secundus Imperium Romanum** » Fri Oct 20, 2017 7:20 am

II. ETHICAL-SOCIAL RELATIONS

Art. 29.
The Empire recognizes the rights of the family as a natural society founded on marriage. Marriage is based on the legal moral equality of the spouses, with the limits determined by law for the guarantee of family unity.

Art. 30.
It is the duty and right of parents to maintain, educate and educate their children, even if born out of wedlock. In cases of parental incapacity, the law provides for their duties to be fulfilled by others. The law guarantees to children born outside marriage any kind of legal and social protection, compatible with the rights of members of the legitimate family. The law sets the standards and limits for paternity investigation.

Art. 31.
The Empire favors, with economic measures and other measures, the formation of the family and the fulfillment of the relative obligations, with special consideration by the large families. It protects motherhood, childhood and youth, favoring the institutions necessary for this purpose.

Art. 32.
The empire protects health as a fundamental right of the individual and interest in connectivity, and guarantees free treatment for the indigent. No one may be required to undergo a particular sanitary treatment unless otherwise provided by law. The law can not, under any circumstances, violate the limits imposed by respect for the human person.

Art. 33.
Art and science are free as free is their teaching. The Empire dictates the general norms about instruction and establishes public schools for all levels and grades. Entities and individuals have the right to found schools and institutes of education, without any burden on the State.

The law, in setting the rights and obligations of private schools requiring equal treatment, should ensure full freedom to them, and to their pupils a school treatment equivalent to that of public school pupils.

An official exam is for admission to the various levels and grades of schools or for the completion of the same, and for the qualification to the professional exercise. Institutions of high culture, universities and academies, have the right to establish autonomous structures within the limits determined by the laws of the State.

Art. 34.
The school is open to all. The first grade education, given for at least eight years, is compulsory and free of charge. The able and applied students, even if lacking in economic means, have the right to reach the highest degrees of study. The Empire makes this right, through scholarships, subsidies to families and other measures, which must be granted by competition.

by **Secundus Imperium Romanum** » Fri Oct 20, 2017 7:45 am

III. ECONOMIC RELATIONS

Art. 35.
The Empire oversees work in all its forms and applications. It takes care of the formation and professional elevation of the workers. It promotes and favors agreements and international organizations committed to affirming and disciplining labor rights. It recognizes the freedom of emigration, except for the obligations established by law in the general interest, and it oversees Italian work abroad.

Art. 36.
The worker is entitled to a remuneration proportional to the quantity and quality of his work, sufficient to guarantee himself and his family a free and dignified existence. The maximum duration of the work day is fixed by the Law. The worker is entitled to weekly rest and paid annual leave, and can not resign.

Art. 37.
The working woman has the same rights, the work parity, the same salaries as the worker. The working conditions must, however, allow the fulfillment of their essential family function and ensure special protection for the mother and child. The law establishes a minimum age limit for the employee. The empire protects the work of minors through special rules and guarantees them, at parity of labor, the right to parity of retribution.

Art. 38.
Every citizen, unable to work and deprived of the resources necessary to live, has the right to livelihood and social assistance. Workers have the right to be provided and ensured adequate means for their life requirements in case of accident, illness, disability, old age and involuntary unemployment. The disabled and the disabled have the right to education and vocational guidance. The tasks foreseen in this article provide organs and institutions predisposed or integrated by the State. Private assistance is free.

Art. 39.
The trade union organization is free. Unions may not impose any obligation other than that of their registration with local or central bodies, according to the norms of the law. It is a condition for registration that the statutes of trade unions sanction an internal regulation based on democracy. Registered trade unions have legal personality. They may, provided that they are jointly represented in proportion to their members, stipulate collective labor agreements with mandatory effectiveness for all those belonging to the categories covered by the contract.

Art. 40.
The right to strike is exercised under the laws that regulate it.

Art. 41.
Private economic initiative is free. It can not develop in contrast to social utility or in a way that can harm security, freedom, or human dignity. The law determines the programs and the appropriate controls, so that the public and private economic activity can be directed and coordinated for social purposes.

Art. 42.
The property is public or private. Economic assets belong to the State, or to entities, or individuals. Private property is recognized and guaranteed by law, which determines its forms of acquisition, possession and limits, in order to ensure its social function and make it accessible to all. Private property may be, in cases provided for by law and except for compensation, expropriated for reasons of general interest. The law establishes the norms and rights of the lawful and testamentary succession, and the rights of the state over inheritances.

Art. 43.
For purposes of general utility, the law may originally reserve or transfer, by expropriation and without compensation, to the State, public entities or communities of workers or users, certain companies or categories of enterprises, which relate to essential public services or with energy sources or with monopoly situations, and are of pre-eminent general interest.

Art. 44.
In order to obtain a rational exploitation of the soil and to establish fair social relations, the law imposes obligations and links to private rural property; sets limits on their extent, according to the regions and the agrarian zones; promotes and imposes the sanitation of the land, the transformation of the latifundio and the reconstitution of the productive units; helps small and medium-sized property. The law provides for measures in favor of mountain areas.

Art. 45.
The Empire recognizes the social function of cooperation on a reciprocal basis and without the purpose of private exploitation. The law promotes and stimulates the increase of the same with the most appropriate means, ensuring, with appropriate controls, the character and the purposes. The law is concerned with the protection and development of handicrafts.

Art. 46.
For the purposes of economic and social elevation of work and in harmony with the demands of production, the Empire recognizes the right of workers to collaborate, in the forms and limits established by the laws, in the management of enterprises.

Art. 47.
The Empire stimulates and safeguards savings in all its forms; discipline, coordinate and control the exercise of credit. It favors the use of the popular savings for the acquisition of the own house, of agricultural properties to be cultivated directly by the workers and the direct and indirect investment in the actions of the big companies of production.

by **Secundus Imperium Romanum** » Fri Oct 20, 2017 7:55 am

IV. POLITICAL RELATIONS

Art. 48.
They are voters, all citizens, men and women, who have reached the age of majority. Voting is personal and equal, free and secret. Your exercise is optional. The right to vote can not be limited, except for civil incapacity or the effect of a criminal sentence; irrevocable or in cases of moral indignity, indicated by law.

Art. 49.
All citizens have the right to associate freely in parties, to compete, with democratic methods, in determining national policy.

Art. 50.
All citizens can petition the Chambers to request legislative measures or expose common needs.

Art. 51.
All citizens of both sexes may have access to public bodies and elective offices on equal terms, as required by law. The law may, for admission to public bodies and elective offices, equate citizens with non-Empire Romans. Those who are called to perform elective public functions have the right to have the necessary time to fulfill them and to keep their job.

Art. 52.
The defense of the homeland is a sacred duty of the citizen, but not obligatory. Military service is optional within the limits and standards set by law. Compliance is without prejudice to the working position of the citizen or the exercise of political rights. The ordering of the Armed Forces is shaped by the democratic spirit of the Empire.

Art. 53.
All have an obligation to contribute to public expenditure to the extent of their ability to contribute. The tax system is inspired by the criteria of progressivity.

Art. 54.
All citizens have a duty to be faithful to the Empire and to observe the Constitution and Laws.

by **Secundus Imperium Romanum** » Fri Oct 20, 2017 3:17 pm

PART II.
IMPERIAL ORDINATION

I. THE PARLIAMENT
I/I. THE CHAMBERS

Art. 55.
The Parliament is composed of the Chamber of Deputies and the Senate. Parliament shall meet in joint session of the members of the two Chambers in the only cases established by the Constitution.

Art. 56.
The Chamber of Deputies is elected in direct and universal suffrage. The number of deputies is six hundred and thirty, twelve of whom are elected in the Foreign constituency. All voters who on the day of the election are twenty-five years of age are eligible as Members.

The division of posts between the circumscriptions, except for the number of places assigned to the foreign circumscription, is effected by dividing the number of inhabitants of the empire resulting from the last general population census for six hundred and eighteen and distributing the places in proportion to the population of each circumscription, on the basis of integer quotients and the highest remains.

Art. 57.
The Imperial Senate is elected on a regional basis, except for the seats assigned to the Foreign constituency. The number of eligible senators is three hundred and fifteen, six of whom are elected in the Foreign constituency. No Region can have a number of senators less than seven; The Molise has two, Valle d'Aosta has one. The allocation of seats among the Regions, except for the number of places allocated to the Foreign jurisdiction, prior to the application of the provisions of the previous paragraph, shall be made in proportion to the population of the Regions resulting from the last general census, on the basis of the integer quotients and remains.

Art. 58.
Senators are elected from universal and direct suffrage by voters who have reached the age of twenty-five. Electors who have reached the age of forty are eligible as senators.

Art. 59.
He is a senator of law and for life, except for resignation, who was Prime Minister. The Emperor can elect senators for life, five citizens who have made the Homeland illustrious in the social, scientific, artistic and literary field.

Art. 60.
The House of Representatives and the Imperial Senate are elected for five years. The duration of each of the Chambers may be extended only by law and only in case of war.

Art. 61.
The elections of the new Chambers take place between seventy days from the end of the previous ones. The first meeting can only take place until the twentieth day of the elections. Until such time as the new Chambers are reunited, the powers of the previous Chambers are extended.

Art. 62.
The Chambers meet by right on the first non-holiday, February and October. Each Chamber may be convened extraordinarily on the initiative of its President or the Emperor or a third of its members. When a House is uniquely assembled, it is also called by right to another.

Art. 63.
Each Chamber shall elect from among its members the President and the Office of the President. When Parliament meets in joint sitting, the President and the Office of the Presidency shall be those of the Chamber of Deputies.

Art. 64.
Each House adopts its own regulation with an absolute majority of its members. The sessions are public; however, each of the two Chambers and the Parliament with the combined Chambers may decide to meet in secret session. The deliberations of each House and Parliament are not valid unless a majority of its members are present, and if they are not adopted with a majority of those present, unless the Constitution prescribes a special majority. The members of the Government, even though they are not part of the Chambers, are entitled, and if required, to attend the sessions. They should be heard every time they request it.

Art. 65.
The law determines in cases of ineligibility and incompatibility with the office of deputies or the senator. No one can belong simultaneously to the two Chambers.

Art. 66.
Each Chamber evaluates the titles of admission of its members and the causes that result from ineligibility.

Art. 67.
Each Member of Parliament represents the Nation and performs its functions without a mandate.

Art. 68.
Members of Parliament may not be called upon to answer for the opinions expressed and votes cast in the performance of their duties. Without the authorization of the Chamber to which he belongs, no member of Parliament may be subjected to personal or home search, or may be detained or deprived of his personal liberty, or held in detention unless he is carrying out an irrevocable sentence of conviction, is caught in the act of carrying out an offense for which compulsory custody is foreseen in flagrante delicto.

The same authorization shall be required to subject Members of Parliament to any interception, in any
conversation or communication and abduction of correspondence.

Art. 69.
Members of Parliament receive compensation established by law.

by **Secundus Imperium Romanum** » Fri Oct 20, 2017 3:43 pm

II. THE EMPEROR

Art. 83.
The Emperor is elected by the Senate in a joint session of its members. In the election there will be three delegates from each region elected by the regional council so that representation of the minorities is assured in addition to the Senators already present. Valle d'Aosta has only one delegate. The election of the Emperor is effected by secret ballot by a two-thirds majority of the assembly. After the third ballot, an absolute majority is sufficient.

Art. 84.
Any citizen who has attained the age of fifty years and enjoys civil and political rights, as well as having nobility titles for at least 30 years, may be elected Emperor. The function of the Emperor is incompatible with any other office. The income and endowment of the Emperor are determined by law.

Art. 85.
The Emperor has his office for life. After his death, the President of the Senate convokes the Senators and regional delegates in a joint session to elect the new Emperor.

Art. 86.
The functions of the Emperor, if he can not fulfill them, are exercised by the President of the Senate. In case of permanent impediment or abdication of the Emperor, the President of the Senate shall call for the election of the new Emperor within a period of fifteen days, unless a longer period is foreseen if the Chambers are dissolved.

Art. 87.
The Emperor is the head of state and represents national unity. You can send messages to the Cameras. It convenes the elections of the new Chambers and sets the first meeting. Authorizes the presentation to the Chambers of the draft laws of initiative of the Government. It promulgates the laws and emanates the decrees with value of law and the regulations. It convenes the popular referendum in the cases provided by the Constitution. It elects, in the cases indicated by the law, the officials of the State. Credits and receives the diplomatic representatives, ratifies the international treaties, requiring, when necessary, the authorization of the Chambers.

It has the command of the Armed Forces, presides over the Supreme Council of defense constituted according to the law, declares the state of war deliberated by the Chambers. He chairs the Superior Council of the Judiciary. He can grant grace and commute the penalties. It confers the imperial decorations.

Art. 88.
The Emperor can, after hearing its Presidents, dissolve the Chambers or only one of them. He may not exercise this power during the first six months of his term of office unless it coincides wholly or in part with the first six months of the legislature.

Art. 89.
No act of the Emperor is valid if it is not initialed by the proposing ministers, who assume responsibility. Legislative acts and others indicated by law are also initialed by the Prime Minister.

Art. 90.
The Emperor is not responsible for acts performed in the performance of his duties, except for high treason or for violating the Constitution. In such cases it is placed in a state of indictment by Parliament in a joint session, with an absolute majority of its members.

Art. 91.
Before taking office, the Emperor swore allegiance to the Nation and to observe the Constitution before Parliament in a joint session.

by **Secundus Imperium Romanum** » Sat Oct 21, 2017 7:55 am

PART III.
THE GOVERNMENT

I. THE PRIME MINISTER

Art. 92.
The Imperial Government consists of the Prime Minister and the ministers, who together constitute the Council of Ministers. The people elect the Prime Minister and, on his proposal, the ministers.

Art. 93.
The Prime Minister and the ministers, before assuming their functions, take oath in the hands of the Emperor.

Art. 94.
The Government must have the confidence of the two Chambers. Each of the Chambers agrees or revokes the trust by means of a reasoned motion and voted by a nominal appeal. Within ten days of its formation, the Government presents itself to the Chambers to obtain the trust. The contrary vote of one or both chambers on the proposal of the Government does not imply the obligation of dismissals. The motion of suspicion must be signed by at least one-tenth of the members of the House and can not be put in discussion before three days after its presentation.

Art. 95.
The Prime Minister directs the general policy of the Government and is responsible for it. It maintains the unity of the political and administrative address, promoting and coordinating the activity of the ministers. Ministers are jointly responsible for acts of the Council of Ministers, and individually for the acts of their ministries. The law provides for the ordering of the Council Presidency and determines the number, the duties and the organizations of the ministries.

Art. 96.
The Prime Minister and the Ministers, even if they are no longer in office, are subject to ordinary jurisdiction, for crimes committed during the exercise of their functions, subject to prior authorization by the Senate or the Chamber of Deputies, in accordance with the rules established by constitutional law.

I/II. PUBLIC ADMINISTRATION

Art. 97.
Public bureaux are organized in accordance with the law, so as to ensure the smooth running and impartiality of the administration. In the management of the offices, the spheres of competence, duties and responsibilities of the employees are determined. Public administration officials are granted access to tender, except in cases established by law.

Art. 98.
Civil servants are at the exclusive service of the Nation. If they are members of Parliament, they can not get promotions; can only be obtained by seniority. Limitations to the right of political party registration for magistrates, active duty military personnel, police officers and agents, and diplomatic and consular representatives abroad may be established by law.

I/III. GOVERNMENT AGENCIES

Art. 99.
The National Economic and Labor Council shall be composed, in the manner prescribed by law, by experts and representatives of the producer categories, taking into account their numerical and qualitative importance. It is an advisory body to the Chambers and Government for the matters and according to the functions assigned to it by law. It has the legislative initiative and can contribute to the elaboration of the economic and social legislation according to the principles and within the limits established by the law.

Art. 100.
The Council of State is an organ of legal-administrative consulting and of guardianship of the justice in the administration. The Court of Auditors exercises preventive control of legitimacy over the acts of the Government, and also to the successive on the management of the State's balance sheet. It participates, in the cases and in the forms established by law, to control the financial management of the entities to which the state contributes in an ordinary way. It refers directly to the Chambers about the result of the verification carried out. The law ensures the independence of the two Institutes and their members before the Government.

by **Secundus Imperium Romanum** » Sat Oct 21, 2017 9:28 am

PART IV.
THE JUDICIARY

I. JURISDICTIONAL ORDER

Art. 101.
Justice is administered on behalf of the people. Judges are subject only to the law.

Art. 102.
The judicial function is exercised by ordinary magistrates established and governed by the rules on judicial order. No special judges or special judges may be established. Only specialized sessions for certain subjects can be instituted with ordinary judicial bodies, also with the participation of suitable citizens outside the magistracy. The law regulates the cases and forms of direct participation of the people in the administration of justice.

Art. 103.
The Council of State and the other organs of administrative justice have jurisdiction to protect the legitimate interests of the public administration and, in particular, matters specified by law, as well as subjective rights. The Court of Auditors has jurisdiction in matters of public accounting and other matters specified by law. Military courts, in time of war, have the jurisdiction established by law. In peacetime, they only have jurisdiction over military crimes committed by persons belonging to the Armed Forces.

Art. 104.
The judiciary is an autonomous order and independent of any other power. The Superior Council of the Judiciary is presided over by the Emperor. The first president and the attorney general of the Supreme Court of Justice are part of him.

The other members are elected by two-thirds by ordinary magistrates among the various categories, and by a third of the parliament in joint session between ordinary professors of universities in legal affairs and lawyers after fifteen years of exercise.

The Council shall elect a Vice-President from among the members appointed by the Parliament. Eligible members of the Council hold office for four years and are not immediately eligible for re-election. They can not, until they are in function, be inscribed in the Orders, nor be part of the Parliament or of a Regional Council.

Art. 105.
It is the responsibility of the Superior Council of the Judiciary, according to the norms of the judicial order, the hiring, the attributions and the transfers, the promotions and the disciplinary measures with regard to the magistrates.

Art. 106.
Appointments of magistrates shall be made by competition. The law on judicial order may allow the appointment, even if eligible, of honorary magistrates for all the functions assigned to each judge. By appointment of the Higher Council of the Magistracy, ordinary professors of legal faculties and lawyers who are fifteen years of age and inscribed in the Special Orders for the higher jurisdictions may be called to the office of the advisers of the Court of Justice, on illustrious merits.

Art. 107.
The magistrates are immovable. They can not be waived or suspended from the services, nor destined to other offices or functions; Only if it is after a decision of the Superior Council of the Judiciary, adopted or for the reasons and with the guarantees of defense established by the judicial order or with its consent. The Minister of Justice has the power to bring disciplinary action. Magistrates are distinguished only by their diversity of functions. The Public Prosecutor's Office enjoys the guarantees established with respect to it, by the rules on judicial order.

Art. 108.
The rules of judicial order or of each magistracy are established by law. The law ensures the independence of the judges of the special courts, of the public prosecution with them and of the unknown persons who participate in the administration of justice.

Art. 109.
The judicial authority has judicial police.

Art. 110.
Once the competencies of the Judiciary Council have been established, it is for the Ministry of Justice to organize and operate the justice services.

by **Secundus Imperium Romanum** » Sat Oct 21, 2017 9:34 am

II. RULES ON JURISDICTION

Art. 111.
The jurisdiction shall be governed by the due process regulated by law. Each case shall be heard in the adversary between the parties, under equal conditions before a third and impartial judge. The law ensures the reasonable duration.

In criminal proceedings, the law ensures that a person accused of a crime is informed as soon as possible of the nature and reasons for the charge against him and has the necessary time and conditions to prepare his defense; has the power, before the judge, to interrogate or interrogate the persons making statements about him, obtain the summons and interrogation of persons for his defense in the same conditions as the accusation and the acquisition of any other evidence in his favor; be assisted by an interpreter if he does not understand or speak the language of a case.

The criminal procedure is governed by the principle of adversary in the formation of evidence. The guilt of the accused can not be proven on the basis of statements made by those who, by free choice, have always voluntarily subtracted themselves from the questioning by the accused or his defender.

The law regulates cases in which the evidence is not heard in contradiction by consensus of the accused or by proven impossibility of an objective nature or by effect of proven unlawful conduct. All jurisdictional measures must be reasoned. Against the sentences and against the measures on the personal freedom, issued by the ordinary or special courts, the appeal is always admitted in the Supreme Court of Justice for violation of law.

It can be derogated from this rule only for military court judgments in time of war. Against the decisions of the Council of State and the Court of Auditors, the refusal in the Supreme Court of Justice is only admitted for reasons inherent to the jurisdiction.

Art. 112.
The Public Prosecutor's Office has an obligation to prosecute.

Art. 113.
The judicial protection of legitimate rights and interests before the organs of ordinary or administrative jurisdiction is always allowed against acts of public administration. Such judicial protection can not be excluded or limited to particular means of challenge or by certain categories of acts. The law determines which bodies of jurisdiction may annul the acts of the public administration in the cases and with the effects foreseen by the law itself.

by **Secundus Imperium Romanum** » Sat Oct 21, 2017 10:16 am

PART V.
THE REGIONS, THE PROVINCES, THE MUNICIPALITIES

I. GENERAL ORGANIZATION

Art. 114.
The Empire consists of the Municipalities, the Provinces, the Metropolitan Cities, the Regions and the State. Municipalities, Provinces, Metropolitan Cities and Regions are autonomous entities with their own statutes, powers and functions according to the principles established by the Constitution. Rome is the Imperial capital. The law of the State disciplines its order.

Art. 115.
Repealed by Constitutional Act No. 122 of 1998.

Art. 116.
OFriuli-Venezia Giulia, Sardegna, Sicily, Trentino-Alto Adige / Südtirol and Valle d'Aosta / Vallée d'Aoste have particular forms and conditions of autonomy, according to the respective special statutes adopted with constitutional law. The Trentino-Alto Adige / Südtirol Region consists of the autonomous provinces of Trento and Bolzano.

Further particular forms and conditions of autonomy, which concern the matters referred to in article 117, third paragraph, and the subjects indicated in the second paragraph of the same article in letters l) to the organization of the justice of peace, n) and s), may be attributed to other Regions, with State law, at the initiative of the Region concerned, after hearing the local authorities, in accordance with the principles mentioned in article 119. The law is approved by the Chambers by an absolute majority of the members, based on the agreement between the State and the Region concerned.

Art. 117.
Legislative power is exercised by the State and the regions in compliance with the Constitution as well as by the links arising from Community law and international obligations. The State has exclusive legislation on the following matters:

a) Foreign policy and international relations of the State; relations with the World Assembly; the right to asylum and the legal status of nationals of States not belonging to the World Assembly;

b) Immigration;

c) Relations between the Empire and religious confessions;

d) Defense and Armed Forces; security of the State; weapons, ammunition and explosives;

e) Currency, protection of savings and financial markets; protection of competition; monetary system; tax and accounting system of the State; financial resources;

f) State organs and respective electoral laws: state referendums; election of Ambassadors to the World Assembly;

g) Planning and administrative organization of the State and national public entities;

h) Public order and security, excluding the local administrative police;

i) Citizenship, marital status and civil records;

l) Jurisdiction and procedural rules; civil and criminal planning; administrative justice;

m) Determination of the essential levels of benefits related to civil and social rights that must be guaranteed throughout the national territory;

n) general rules on instruction;

o) Social security;

p) Electoral legislation, organs of government and fundamental functions of Municipalities, Provinces and Metropolitan Cities;

q) customs, border protection and international prophylaxis;

r) Weights, measures and time determination; information and statistical coordination of state, regional and local government data; works of the mill;

s) Protection of the environment, the eco system and cultural goods.

Concurrent legislation matters relating to: international relations and the World Assembly; trade with the outside of the Regions; trade with the outside; protection and security of work; education, except for the autonomy of school institutions and to the exclusion of education and training; professions; scientific and technological research and innovation support for the productive sectors; health protection; feeding; sports planning; civil protection; governance of the territory; ports and civil airports; large transport and shipping networks; communication ordering; production, transportation and national distribution of energy; complementary and integrative pensions; harmonization of public balances and coordination of public finances and the tax system; enhancement of cultural and environmental assets and promotion and organization of cultural activities; savings bank, rural bank, regional credit banks; entity of agrarian and land credits of regional character.

In matters of competing legislation, the Regions have the legislative power, except for the determination of the fundamental principles, reserved to the State's legislation.

It is the responsibility of the Regions to legislate in respect of each matter not expressly reserved to the legislation of the State. The regions and autonomous provinces of Trento and Bolzano, in matters within their competence, participate in direct decisions for the formation of Community normative actions and provide for the implementation and implementation of international agreements and actions of the World Assembly, in accordance with the rules of procedure established by the law of the State, which governs the modalities of exercising substitutive power in case of non-compliance.

Regulatory power rests with the State in matters of exclusive legislation, with the exception of delegation to the Regions. The power belongs to the Regions for any other matter. Municipalities, Provinces and Metropolitan Cities have power in accordance with the discipline of organization and the development of the functions assigned to them.

Regional laws remove every obstacle that impedes the full equality of men and women in social, cultural and economic life and promote equal access for women and men to eligible positions.

The regional law ratifies the agreements of the Region with other Regions for the best exercise of their own functions, also with the location of common organs. In matters within its competence, the Region may finalize agreements with States and agreements with internal territorial entities of another State, in the cases and in the forms governed by the law of the State.

Art. 118.
The administrative functions are attributed to the Municipalities, unless, to ensure the unit exercise, they are conferred to the Provinces, Metropolitan Cities, Regions and State, based on the principles of subsidiarity, differentiation and adequacy.

Municipalities, Provinces and Metropolitan Cities have their own administrative functions and those assigned by state or regional law, according to their respective competencies.

The state law regulates the forms of coordination between the State and Regions in the matters mentioned in letters b) and h) of the second paragraph of article 117 and also discipline, forms of agreement and coordination in the matters of the tutelage of cultural goods.

State, Regions, Metropolitan Cities, Provinces and Municipalities favor the autonomous initiative of citizens, private or associated, for the development of activities of general interest, based on the principle of subsidiarity.

Art. 119.
Municipalities, Provinces, Metropolitan Cities and Regions have financial autonomy of income and expenses.

Municipalities, Provinces, Metropolitan Cities and Regions have autonomous resources. They establish and apply their own contributions and contributions, in harmony with the Constitution and in accordance with the principles of coordination of public finances and the tax system. They have contributions from income from the treasury's contribution to their territory.
The law of the State establishes a co-operative fund, without destination bonds, for the territories with lower fiscal capacity per inhabitant. The resources from the sources mentioned in the preceding paragraphs allow Municipalities, Provinces, Metropolitan Cities and Regions to fully finance the public functions assigned to them.

In order to promote economic development, cohesion and social solidarity, to remove economic and social imbalances, to promote the effective exercise of the rights of the person or to provide for different objectives, special interventions in favor of certain Municipalities, Provinces, Metropolitan Cities and Regions. The Municipalities, the Provinces, the Metropolitan Cities and the Regions have their own patrimony, attributed according to the general principles determined by the law of the State. They can resort to debt only to finance investment expenses.

No state guarantee on loans from the same contracts is excluded.

Art. 120.
The Region may not impose taxes on imports and exports or transit between the Regions nor adopt measures that may in any way prevent the free movement of persons and things between the Regions nor limit the exercise of the right to work in any part of the national territory .

The Government can substitute itself for organs of the Regions, the Metropolitan Cities, the provinces and the Municipalities in case of non-observance of the international norms and treaties or of the community norms or of serious danger to the safety and the public security, that is to say when the require the protection of the legal unit or economic unit and in particular the protection of the essential levels of benefits in respect of civil and social rights, setting aside the territorial confines of local governments. The law defines procedures for ensuring that substitutive powers are exercised in accordance with the principle of subsidiarity and the principle of fair cooperation.

Art. 121.
The Regional Council, the Board and its President are the organs of the Region. The Regional Council exercises the legislative powers attributed to the Region and the other functions assigned to them by the Constitution and by the laws. You can make bills to the Chambers. The Regional Board is the executive body of the Regions.

The President of the Board represents the Region; directs the policy of the Board and is responsible for it; enacts laws and issues regional regulations; directs the administrative functions delegated by the State to the Region, following the instructions of the Imperial Government.

Art. 122.
The system of election and cases of ineligibility and incompatibility of the President and the other members of the regional Board, as well as the regional councilors, are governed by the law of the Region within the limits of the fundamental principles established by the Imperial law, which also establishes the duration of the eligible bodies .

No one may belong simultaneously to a Council or to a regional Board and to one of the other Houses of Parliament, to another Council or to another Board, that is, to the World Assembly. The Council shall elect from among its members a President and a Cabinet of the Presidency. Regional councilors may not be called upon to respond to the opinions expressed and votes cast in the performance of their duties. The President of the Regional Board, unless the regional statute, has a different form, is elected by universal and direct suffrage. The President-elect shall elect and revoke the members of the Board.

Art. 123.
Each Region has a statute that, in harmony with the Constitution, determines the form of government and the fundamental principles of organization and functioning. The Statute regulates the exercise of the right of initiative and referendum on the laws and administrative measures of the region and the publication of regional laws and regulations. The Statute is approved and modified by the Regional Council by law approved with an absolute majority of its members, by two successive deliberations adopted at intervals of not less than two months. This law does not require the affixing of the visa by the Government Commissioner.

The Imperial Government can promote the issue of constitutional legitimacy in the regional statutes before the Constitutional Court within thirty days of its publication. The statute is submitted to a popular referendum in the case in which, within three months of its publication, it is requested by a fiftieth of the region's electors or one fifth of the members of the regional council.

The statute submitted to a referendum is not enacted if it is not approved by a majority of valid votes. In each Region, the statute disciplines the Council of local autonomies, as an advisory body between the Region and local entities.

Art. 124.
Repealed by Constitutional Act No. 122 of 1998.

Art. 125.
In the Region administrative organs of first degree are constituted, according to the order established by the Imperial law. Sections with a different seat than the capital of the Region may be constituted.

Art. 126.
By decree motivated by the Emperor are established the dissolution of the regional Council and the removal of the President of the Board who have carried out acts contrary to the constitution or serious violations of law. Dissolution and removal may also be carried out for reasons of national security. The decree is adopted, after hearing a Commission of Deputies and Senators constituted, for regional matters, in the forms established by the Imperial law.

The Regional Council may express mistrust in relation to the Chairman of the Board by reasoned motion, signed by at least one-fifth of its members and approved by a roll call by an absolute majority of the members. The motion can not be brought into discussion within three days of its submission.

The approval of the motion of distrust in relation to the President of the Board elected in direct and universal suffrage, as well as the removal or permanent impediment, death or voluntary dismissal of the same shall entail the resignation of the Board and the dissolution of the Board. However, the same effects lead to the contextual dismissals of the majority of Council members.

Art. 127.
The Government, when it considers that a regional law exceeds the jurisdiction of the region, can promote the issue of constitutional legitimacy before the Constitutional Court within sixty days of its publication. The Region when it finds that a law or an act having the value of a State law or of another Region damages its sphere of competence may foment the question of constitutional legitimacy before the constitutional court within sixty days of the publication of the law or of the act having value of law.

Art. 128.
Repealed by Constitutional Act No. 122 of 1998.

Art. 129.
Repealed by Constitutional Act No. 122 of 1998.

Art. 130.
Repealed by Constitutional Act No. 122 of 1998.

Article 131.
The following Regions are constituted:
Piedmont;
Valle d'Aosta;
Lombardy;
Trentino-Alto Adige;
Veneto;
Friuli-Venezia Giulia;
Liguria;
Emilia-Romagna;
Tuscany;
Umbria;
Marche;
Lazio;
Abruzzi;
Molise;
Campania;
Puglia;
Basilicata;
Calabria;
Sicilia;
Sardegna.

Art. 132.
It is possible with constitutional law, after listening to the Regional Councils, to have the fusion of existing Regions or the creation of new Regions with a minimum of one million inhabitants, when required by several Municipal Councils that represent at least one third of the interested populations, and the proposal is approved by referendum by the majority of the populations themselves. You can, with the approval of the majority of the province's population or interested provinces and the municipality or interested municipalities expressed through referendum and by law Imperial, after consultation with the Regional Councils, allow provinces and municipalities that require to be turned off a Region and aggregates to another.

Art. 133.
The change of the provincial districts and the establishment of new Provinces are established by Imperial laws, on the initiative of the Municipalities, hearing the Region itself. The Region, after hearing the people concerned, may, with its laws, establish new municipalities in the territory and modify its circumscriptions and denominations.

by **Secundus Imperium Romanum** » Sat Oct 21, 2017 10:45 am

PART VI.
CONSTITUTIONAL GUARANTEES

I. CONSTITUTIONAL COURT

Art. 134.
The Constitutional Court judges on the controversies regarding the constitutional legitimacy of the laws and acts, the force of law, of the State and of the Regions; on the conflicts of attribution between the powers of the State and those between the State and the Regions and between the Regions; on the accusations brought against the Emperor; the norm of the Constitution.

Art. 135.
The Constitutional Court is composed of fifteen judges appointed by a third by the Emperor, by a third of Parliament in a joint session and by one third of the supreme ordinary and administrative magistrates. The judges of the Constitutional Court are chosen from among the magistrates also retired from the higher ordinary and administrative courts, the ordinary professors of universities in legal matters and the lawyers after twenty years of exercise.

The judges of the Constitutional Court are elected for nine years, arising for each of them, from the day of the oath, and can not be re-elected. Within the deadline, the constitutional judge ceases the position and the exercise of the functions. The Court elects from among its members, according to the norms established by law, the President who remains in the position for three years, and is reelectable in all cases remaining the deadlines of the judge's office.

The office of the Court Judge is incompatible with that of the Member of Parliament, a Regional Council, exercising the profession of lawyer and any office and office indicated by law. In the indictments against the Emperor, in addition to the ordinary judges of the Court, 16 members randomly selected from a list of citizens having the requisites for the eligibility for senator, which Parliament meets every nine years on election, under the same modalities established for the appointment of ordinary judges.

Art. 136.
When the Court declares the constitutional illegitimacy of a rule of law or an act having force of law, the rule ceases to be effective as of the day following the publication of the decision. The decision of the Court shall be published and communicated to the Chambers and to the Regional Councils concerned, so that if they find it necessary, they must provide in constitutional forms.

Art. 137.
A constitutional law establishes the conditions, forms, terms of proposals of the judges of constitutional legitimacy and the guarantees of independence of the judges of the Court. Under ordinary law, the other rules necessary for the constitution and functioning of the Tribunal are established. Against the decisions of the Constitutional Court no objection is allowed.

by **Secundus Imperium Romanum** » Thu Oct 26, 2017 7:13 am

FINAL CONSIDERATIONS

I.
The Constitution will officially take place on January 1, 1835, under the Provisional Government led by Emperor Frederico I and the President of the Cabinet, Baron Julio Caios.

II.
The Constitution must be guaranteed and put into practice immediately after the date defined, and the one that does not comply with it may suffer varying penalties.

Roma, March 24, 1834. "SENATUS POPULUSQUE ROMANUM!'

Constitution of the Second Roman Empire (Closed)

Constitution of the Second Roman Empire (Closed)

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