Austenasian Constitution of 2011
As currently in force after the enactment of the
First (2015), Second (2018), Third (2024), and Fourth (2025) Amendments
We, the People and Government of the Empire of Austenasia, do
proclaim and establish this Austenasian Constitution of 2011, in order to
do away with the problems that resulted from the previous non-detailed
Constitution, to reaffirm the sources of sovereignty and political power,
and to establish a stronger, more stable, and more perfect Empire for
ourselves and for posterity:
I. The Empire of Austenasia
A. This Constitution affirms the right of the Austen family, the senders of the
2008 Declaration of Independence, to national self-determination as a group
of people sharing a common ancestry and culture, living on the same area of
land, and identifying themselves as a people and a nation. The 2008
Declaration of Independence is therefore hereby declared to have been a valid
declaration of the Empire of Austenasia to be an independent nation-state.
B. The Empire of Austenasia is declared to have been a sovereign state,
independent under international law and the principle of national self-
determination, since 11:30 on Saturday 20 September 2008.
C. The Empire of Austenasia is independent and separate from the United
Kingdom of Great Britain and Northern Ireland, and all other countries which
claim its land, although a large dependency upon trade with the United
Kingdom and other neighbouring countries is acknowledged.
D. As of 20 September 2011, the Empire of Austenasia consisted of the Towns
of Wrythe, Zephyria, and Glencrannog.
E. HIH Crown Prince Jonathan shall hold the title “Founder of Austenasia” in
perpetuity.
F. The Empire of Austenasia is a continuation of the indivisible and perpetual
Roman Empire: both a restoration of direct imperial rule over certain parts of
the Empire and an expansion of the Empire’s imperium beyond its former
borders.
II. Implementation of this Constitution
A. Act 1 of the Parliament of the Empire of Austenasia (The Original
Constitution) shall from henceforth be known as the Austenasian Constitution
of 2008.
B. This Constitution shall be known as the Austenasian Constitution of 2011.
C. All Acts of Parliament, Imperial Edicts, and bye-laws enacted before the
implementation of this Constitution shall be repealed at 01:00 on 22
September 2011.
D. In accordance with the results of the Austenasian Constitutional Referendum
of 2011, this Constitution shall replace the Austenasian Constitution of 2008
as the fundamental law of the Empire and enter into force at 11:30 on 20
September 2011.
E. This Constitution shall not be amended, edited, or suspended in any way
except by the consent of both the Monarch and over 80% of the House of
Representatives, and only when the majority of the subjects of Austenasia
have implied that they wish a proposed amendment, edit, or suspension of
any kind be made through the results of a free and fair referendum authorised
by the Senate. In the case of an absolute emergency when a change of any
sort to the Constitution is unable to be made in this way, the Monarch may
unilaterally make such changes as are necessary to the Constitution in a time
of great crisis and existential threat to the state, with such changes to be
reverted as soon as normal constitutional government is able to be resumed.
III. Subjectship and Residency
A. The population of the Empire of Austenasia shall be counted as the total
number of people who are Austenasian subjects and/or residents.
B. A subject of the Empire of Austenasia is any person who has lived on
Austenasian land for more than three years and/or lives in Austenasia and has
resided in that current place of residence for more than three years.
a) The minimum age required to have the status of a subject shall be 14
years old until 20 April 2013, when it shall become 15 years old, and
shall remain so until 20 April 2014, when it shall become and remain
16 years old.
b) Subjects of Austenasia may also hold the position of a citizen of the
United Kingdom at the same time, but must always put being a
subject of Austenasia before being a citizen of the United Kingdom.
c) The Monarch shall automatically gain the status of a subject if he or
she is not already one at the time of their ascension to the Throne.
d) Parliament may make further laws regarding subjects of Austenasia.
C. A resident of the Empire of Austenasia is any person who has their
permanent residence within the Empire.
IV. The Monarchy
A. The Monarch
a) The Empire of Austenasia is reigned over, ruled and governed by
the Monarch – the holder of the Throne, known as the Emperor if
male and the Empress if female.
b) The Monarch is the Head of State of the Empire of Austenasia.
c) The person of the Monarch is sacrosanct and inviolable.
d) The Monarch is sovereign over the Empire of Austenasia – all
sovereignty and political power is derived from and is ultimately
held by the Monarch, although it is acknowledged that the
Monarch holds this position from the will of the People, with
which as in any civilised society resides ultimate political power.
e) All executive, legislative, and judicial power is derived from and
carried out in the name of the Monarch.
f) The Monarch holds all of his or her rights, roles, responsibilities,
privileges, and executive, legislative, and judicial powers through
the holding of the Throne.
g) The Monarch, if male, shall be known as “HIM Emperor
Forename Ordinal”, and if female as “HIM Empress Forename
Ordinal”.
h) The Monarch may substitute their forename for a different regnal
name upon ascending the Throne – this can be either another of
their given names or the regnal name of a previous monarch of the
land of Austenasia. The monarchical ordinal shall be in reference
to how many (if any) monarchs of the Monarch’s regnal name have
ruled over the land of Austenasia in the past.
i) The Monarch shall hold the style of Imperial Majesty, and the
secondary title of “Imperator Caesar Forename Augustus” (if male)
or “Imperatrix Caesarina Forename Augusta” (if female).
j) The Monarch (or Regent) may not under any circumstances hold
the office or powers of Prime Minister.
k) The Monarch must uphold and respect the Christian faith and
values of the Empire.
B. The Imperial Family
a) The Monarch, his/her descendants and siblings and their
descendants, his/her living ancestors, and all of their spouses, are
collectively known as the Imperial Family.
b) The spouse of the Monarch shall be known as “HIH Empress
Forename” if female, and “HIH Prince Consort Forename” if
male. The spouse of the Monarch shall hold the style of Imperial
Highness.
c) The Monarch may grant the title of “HH Prince Consort
Forename” or “HH Princess Consort Forename” to their unmarried
partner (the title depending on the gender of the unmarried
partner). The unmarried partner of the Monarch, if so granted such
a title, shall hold the style of Highness.
d) The Heir to the Throne shall be known as “HIH Crown Prince
Forename” if male, and “HIH Crown Princess Forename” if
female. The Heir to the Throne shall hold the style of Imperial
Highness.
e) Children and all legitimate descendants of the Monarch and Heir to
the Throne shall be known as “HIH Prince Forename” if male, and
“HIH Princess Forename” if female. Those born into this status
shall keep this title for life, unless they become Monarch or Heir to
the Throne themselves. Children and all legitimate descendants of
the Monarch and Heir to the Throne shall hold the style of Imperial
Highness.
f) A legitimate descendant is one whose parents are or were in a state
of marriage to each other during or after the conception and/or
birth of the descendant.
g) Siblings of the Monarch shall be known as “HIH Princess
Forename” if female, and “HIH Prince Forename” if male. Those
born into this status shall keep this title for life, unless they become
Monarch or Heir to the Throne themselves. Siblings of the
Monarch shall hold the style of Imperial Highness.
h) All legitimate descendants of those with the title of “HIH Prince
Forename” or “HIH Princess Forename” shall also hold that title.
Spouses and illegitimate children of those with the title of “HIH
Prince Forename” or “HIH Princess Forename” shall be known as
“HH Princess Forename” if female, and “HH Prince Forename” if
male, and shall hold the style of Highness.
i) All legitimate descendants of those with the title of “HH Prince
Forename” or “HH Princess Forename” shall also hold that title.
Spouses and illegitimate children of those with the title of “HH
Prince Forename” or “HH Princess Forename” shall be known as
“HSH Princess Forename” if female, and “HSH Prince Forename”
if male, and shall hold the style of Serene Highness.
j) All legitimate descendants of those with the title of “HSH Prince
Forename” or “HSH Princess Forename” shall also hold that title.
Spouses and illegitimate children of those with the title of “HSH
Prince Forename” or “HSH Princess Forename” shall be known as
“Lord Forename of Austenasia” if male, and “Lady Forename of
Austenasia” if female, and shall be known as Lords/Ladies
Imperial.
k) All descendants of Lords/Ladies Imperial shall also hold that
status, and their spouses shall hold the title of “Sir Forename” if
male and “Dame Forename” if female.
l) All those in the Line of Succession to the Throne who do not hold
the style of Imperial Highness, Highness, Serene Highness, or
another specifically granted to them by the Monarch or by
Parliament, shall hold the status of a Lord Imperial or Lady
Imperial.
m) The spouse of the Heir to the Throne shall be known as “HH Prince
Forename” if male, and “HH Princess Forename” if female. The
spouse of the Heir to the Throne shall hold the style of Highness.
n) The Heir to the Throne may grant the title of “HSH Prince
Companion Forename” or “HSH Princess Companion Forename”
to their unmarried partner (the title depending on the gender of the
unmarried partner). The unmarried partner of the Heir to the
Throne, if so granted such a title, shall hold the style of Serene
Highness.
o) Living parents of the Monarch shall be known as “HIH Emperor
Father Forename” or “HIH Emperor Mother Forename” if the
Monarch is male, and as “HIH Empress Father Forename” or “HIH
Empress Mother Forename” if the Monarch is female. Parents of
the Monarch shall hold the style of Imperial Highness.
p) All living ancestors of the Monarch shall hold the title and style of
parents of the Monarch, with the title held corresponding to their
relation to the Monarch – exempli gratia, the grandfather of a
female Monarch would be known as “HIH Empress Grandfather
Forename”.
q) The Monarch may grant whatever title and style he or she sees fit
to any person, regardless of the guidelines set out in this or any
other Section of the Constitution, which shall nevertheless be
automatically in place.
C. The Line of Succession to the Throne
a) Upon the death or abdication of the Monarch, the Heir to the
Throne shall be given the choice of whether or not to refuse the
Throne. If he or she does not refuse the Throne, then they shall
ascend it and become Monarch. If a person refuses the Throne,
then the Throne will pass to the next in the Line of Succession,
who will choose whether or not to refuse the Throne, with the same
outcomes.
b) The Heir to the Throne is the first in the Line of Succession to the
Throne, and is designated as the person who would be after the
Monarch if the Monarch himself or herself were in the Line of
Succession.
c) The Line of Succession to the Throne is ordered by male-
preference (cognatic) primogeniture. A person is always
immediately followed in the Line of Succession by his or her own
descendants (his or her line) except for any descendants who
already appear higher in the Line of Succession, and after that by
their siblings (and their lines). A person’s sons (and their lines) all
come before a person’s daughters (and their lines). Older sons (and
their lines) come before younger sons (and their lines). Older
daughters (and their lines) come before younger daughters (and
their lines).
d) When the Line of Succession reaches the end of those related to the
Monarch by blood, it shall pass to the spouse of the Monarch at
that time (should he or she be married). It will then, after the
spouse, therefore pass to any children (and their lines) of said
spouse who are not the children of the Monarch, and then to any
siblings (and their lines) of the spouse of the Monarch.
e) With each marriage of the Monarch, the new spouse and his or her
relations shall be placed before the former spouse and his or her
relations in the Line of Succession.
f) A person may be added to or removed from any place in the Line
of Succession to the Throne by Parliament, which may make
changes to the Line of Succession that it considers necessary, and
decide to whom the Throne shall pass in the case of the Line of
Succession as defined by this Constitution coming to an end.
g) A former Monarch who has abdicated shall not be placed back into
the Line of Succession under any circumstances.
h) The reign of a Monarch who has ascended the Throne after the
death of the previous Monarch shall officially begin from the death
of the previous Monarch, even if the Monarch did not accept the
Throne immediately after said death.
D. Imperial Edicts and Decrees
a) The Monarch has the power to issue Imperial Edicts and Imperial
Decrees. Both Imperial Edicts and Imperial Decrees supersede bye-
laws, and no bye-law can contradict an Imperial Edict or Imperial
Decree.
b) Imperial Edicts are laws that can only be enacted by the Monarch.
They can grant an office, right, monopoly, title, or status to a
person or to some entity such as a corporation, create government
offices and ministries, and shall be generally used by the Monarch
for executive governance. However, Imperial Edicts relating to
civil and/or criminal law, and/or the actual governance of the
Empire shall only apply to those areas of the Empire which are
Crown Property.
c) Imperial Decrees are laws that can only be enacted by the
Monarch. Imperial Decrees are executive orders and/or statutes that
apply to the whole Empire. However, all Imperial Decrees made
must go before the House of Representatives as soon as is
reasonably possible – the House of Representatives shall vote on
whether or not to make the Imperial Decree permanent; if so, it
becomes law, and if not, the Imperial Decree is rescinded, although
it shall have legally been in force until the vote by the House of
Representatives.
E. Provisions for a Regency
a) A Regency shall only be declared if the Monarch declares
themselves incapable of ruling, the Throne is inherited by a person
who is not old enough to become a subject of Austenasia, or if the
Senate votes for a Regency to be declared.
b) If a Regency is declared, then a Regent shall be appointed – the
Monarch shall be deprived of the Throne and of all the
accompanying powers, privileges, rights, roles, duties and
responsibilities of the Monarch, which shall be assumed by the
Regent, who will hold them for the duration of the Regency and
exercise them in the name of and on behalf of the Monarch without
actually assuming the Throne. The Monarch shall keep all titles
and styles, and shall still hold the office of Monarch.
c) The Senate shall vote on whether the Regent shall be the Prime
Minister or shall be chosen from the Line of Succession to the
Throne.
d) If the Senate votes for the Prime Minister to become Regent, then
the Prime Minister shall be known as “HH Regent Forename” and
shall hold the style of Highness while he or she is Regent. The
Prime Minister shall upon becoming Regent lose the office of
Prime Minister – the Deputy Prime Minister shall become Prime
Minister and assume all powers, privileges, rights, roles, duties and
responsibilities of that office, and the Regent shall appoint another
Representative to the office of Deputy Prime Minister.
e) If the Prime Minister is appointed Regent, but the Regency ends
before the next General Election, then the House of
Representatives shall vote for whether the incumbent Prime
Minister shall remain in that position or if the former Regent shall
regain the position of Prime Minister. If the vote is tied, then the
Monarch shall decide.
f) If the Senate votes for the Regent to be chosen from the Line of
Succession, then all in Line to the Throne who are old enough to be
subjects of Austenasia shall (in the order that they are in the Line
of Succession) be given the choice of whether or not to become
Regent. The first to accept shall be appointed Regent, and shall be
known as “HIH Prince Regent Forename” if male or “HIH
Princess Regent Forename” if female, and shall hold the style of
Imperial Highness, while he or she is Regent.
g) If a Regent resigns or is found guilty of a crime, or if the Senate
votes for a new Regent, then a new Regent will be chosen in the
same way that the previous Regent was (see Paragraph C of this
Section of the Constitution).
h) If a Regency was declared because the Throne was inherited by a
person who was not old enough to be a subject of Austenasia, then
as soon as they reach the required age the Regency will be ended.
i) If a Regency was declared because the Monarch declared
themselves unfit to rule, then the Regency shall not be ended unless
the Senate votes for it to be so no more than thirty days after the
Monarch receives confirmation by at least one qualified doctor of
medicine that he or she is mentally and physically able.
j) If a Regency was declared because the Senate voted for it to be so,
then the Regency shall not be ended unless the same or a greater
percentage of Senators who voted for the Regency vote for it to be
ended, no more than fifty days after the Monarch receives
confirmation by at least one qualified doctor of medicine that he or
she is mentally able.
k) When a Regency is ended, the Monarch shall immediately be
returned to the Throne with full powers as accorded by law and the
Regent will be removed from said office.
l) If the Monarch dies or abdicates during a Regency, and his or her
successor as Monarch is not below the age required to become a
subject of Austenasia, then the Regency will be ended; otherwise, it
shall be continued.
F. Counsellors of State
a) Counsellors of State are those to whom the Monarch may delegate
certain powers, roles, and duties of the Throne if he or she is
abroad or unavailable for other reasons, such as short-term
incapacity or sickness.
b) The extent of the powers, roles, and duties of the Throne delegated
to a Counsellor of State shall be by the discretion of the Monarch.
c) While the declaration of a Regency carries with it the suspension of
the Monarch from the personal discharge of the powers, roles, and
duties of the Throne, when Counsellors of State are appointed, both
the Monarch and the Counsellors can – the Counsellors within the
limits of their delegation of authority – discharge the said powers,
roles and duties; the Monarch can give instructions to the
Counsellors of State, or even personally discharge a certain power,
role, or duty of the Throne, when the Counsellors are appointed.
d) Counsellors of State shall exercise all delegated powers, roles, and
duties of the Throne in the name of and on behalf of the Monarch,
without actually assuming the Throne.
e) Those eligible to become Counsellors of State are the spouse of the
Monarch, the Prime Minister, and the three highest in the Line of
Succession to the Throne who are old enough to be a subject of
Austenasia. If, under this criteria, there are fewer than five people
eligible to become Counsellors of State – for example, if the Prime
Minister is in the Line of Succession, and/or if the Monarch has no
spouse – then further members of the Line of Succession old
enough to be a subject of Austenasia shall be added in order of
their position in the Line of Succession to those eligible until those
eligible reaches the number of five people. An extra sixth person
may be made eligible by Parliament to be appointed a Counsellor
of State.
f) Only the Monarch may appoint and dismiss Counsellors of State.
G. Abdications
a) Should the Monarch wish his or her reign over the Empire to come
to an end before his or her death, then the Monarch may abdicate.
b) A Declaration of Abdication is irrevocable from the moment that a
signed or recorded Declaration of Abdication (stating the intention
of the Monarch to renounce the Throne of Austenasia and the title
and office of Monarch) is presented to at least two witnesses, or
from the moment that a verbal Declaration of Abdication (using
such wording as to leave no doubts as to the intention of the
Monarch to renounce the Throne of Austenasia and the title and
office of Monarch) is made in front of at least three witnesses.
c) If a Declaration of Abdication is made, the Heir to the Throne must
be informed of this as soon as possible. The Heir to the Throne
shall be given the choice of whether or not to refuse the Throne. If
he or she does not refuse the Throne, then they shall ascend it and
become the new Monarch, replacing the abdicated previous
Monarch. If a person refuses the Throne, then the Throne will pass
to the next in the Line of Succession, who will also choose whether
or not to refuse the Throne – if they refuse it, the Throne shall pass
to the next in the Line of Succession, and so on.
d) A Monarch who has made a Declaration of Abdication shall
officially remain Monarch until the Throne is accepted by a
member of the Line of Succession. During this time however, the
Monarch may not exercise any powers of the Throne – the Throne
is lost by a Monarch from the moment that a Declaration of
Abdication is made, no matter how long it takes for a successor to
accept the Throne.
H. Coronations
a) The Coronation of a Monarch of Austenasia shall be to mark the
ascension of that Monarch to the Throne. A Coronation is not
necessary to exercise the powers, roles, and duties of the Throne,
but shall serve as a ceremonial reaffirmation of the legitimate rule
of the Monarch.
b) The Coronation of a Monarch must take place over the spot that
The 2008 Declaration of Independence was sent, in the manner of
the Coronation of HIM Emperor Terry I and the Coronation of
HIM Emperor Esmond III (although this latter Coronation took
place in the Prime Minister’s Office, HIM Emperor Esmond III
was standing directly above the relevant spot). Should the Empire
ever lose sovereignty over the Imperial Residence, a chip of wood
from the area of the floor where the 2008 Declaration of
Independence was sent shall be taken, and future Coronations shall
take place with the Monarch sitting on a chair above said chip of
wood.
c) The Imperial Regalia of Austenasia shall be used during
Coronations. These are the Imperial Diadem, Sceptre, and Chain
(as used during the Coronations of HIM Emperor Terry I and HIM
Emperor Esmond III) and the Imperial Robes (as used during the
Coronation of HIM Emperor Terry I). Should any of the Imperial
Regalia need to be replaced, then they may be so with authorisation
from Parliament, on the condition that a fragment of the original
piece of regalia is somehow incorporated into the replacement.
d) A Coronation shall take place in the following manner. Firstly, the
Monarch, wearing the Imperial Robes and Imperial Chain, shall sit
while the Prime Minister, Heir to the Throne, and any willing
others may swear an oath of loyalty to the Monarch. Then, the
Monarch shall take the Imperial Sceptre in one hand, and with the
other hand upon a Bible shall solemnly affirm their resolve to rule
the Empire fairly and wisely, to defend Austenasia, and to uphold
and abide by the law. Finally, the Monarch shall take the Imperial
Diadem from the hands of the Founder (or, if the Founder is no
longer alive, from the hands of the Prime Minister) and place it on
his or her head while those present shout “Vivat Imperator” (if the
Monarch is male) or “Vivat Imperatrix” (if the Monarch is female).
Other features may be added to a Coronation ceremony, as long as
these three main components of the ceremony are carried out.
I. Crown Property
a) Crown Property is property that is owned by the Throne of
Austenasia. This consists of all property owned by the Monarch by
right of their holding of the Throne, and all property personally
held by the Monarch, the latter of which for the duration of their
reign shall be designated as Crown Property.
b) An abdicated Monarch shall retain ownership of all Crown
Property that became such due to their holding of the Throne.
c) Not including Crown Property which is such due to being
personally owned by the Monarch, as of 20 September 2011 the
Crown Property that is directly owned by the Throne itself consists
of the Imperial Regalia, Imperial Wrythe (the properties of the
Imperial Residence, 2 Imperial Rd and the adjacent pathway, the
Orange Pyramid, Wrythe Pet Cemetery, and Wrythe Genocide
Memorial), all physically signed Acts of Parliament, the signed
copies of the Treaty of Wilton, the Treaty of Ruskin Road and the
Treaty of Carshalton, and the legal right to the thrones of Rushymia
and the Midget Nation-in-Exile.
d) Land which is Crown Property contrasts with private property and
public property – private property is that which is owned by a
person, persons, or organisation, and public property is any land
that is not owned by any person or organisation. Public property is
legally owned by the relevant Town Council, with which lies
responsibility for maintaining the land (they may appoint a Sheriff
to administer said land) – jurisdiction over it can however only be
exercised within the parameters set out by bye-laws.
e) The Monarch may appoint a Crown Steward to land which is
Crown Property, with which will lay responsibility for maintaining
and administering said land.
J. Current Situation
a) For the sake of stability, it is hoped that the Monarchy shall in
future follow the guidelines as set out in this Constitution. At the
time of the original promulgation of this Constitution, HIM
Emperor Declan I was the Monarch, and held the full powers,
rights, roles, responsibilities and duties of the Throne.
Paragraphs B and C of Article IV, Section J were repealed by the
Third Amendment to the Austenasian Constitution of 2011.
d) For the sake of stability, at no point in the future shall there ever be
two Monarchs of Austenasia. The Throne and/or its powers may in
some respects be shared with others, exempli gratia through the
declaration of a Regency and/or through the appointment of
Counsellors of State, but the actual office of Monarch shall never be
held concurrently by more than one person.
V. Parliament
A. Legislative Power
a) The Parliament of Austenasia is the supreme legislative body in the
Empire.
b) Parliament consists of the Monarch, the Prime Minister, and the
House of Representatives.
c) Acts of Parliament shall be passed in the following manner: firstly, a
Representative shall propose an Act to be passed. Secondly,
Parliament may debate over the details of the Act and it may be
edited accordingly. Next, the House of Representatives shall vote on
whether or not the Act should be passed – an Act requires the consent
of more than 50% of all Representatives to be passed by the House of
Representatives. Lastly, the Monarch shall choose whether or not to
grant Imperial Consent to the Act. The granting of Imperial Consent
to an Act of Parliament makes it law.
d) Acts of Parliament may not be amended, suspended, or repealed
except by other Acts of Parliament.
e) Acts of Parliament passed after the implementation of this
Constitution shall be formally referenced in the following way:
firstly, there shall be a Roman numeral signifying the number Act it
is that has been passed during the reign of the current Monarch.
Second shall be an abbreviated form of the regnal name and the
monarchical ordinal of the current Monarch. Then shall be the year
during which it was passed, and lastly a short title of the Act shall be
given in brackets. Acts may be informally referenced by a short title
followed by the year during which it was passed. Exempli gratia, Act
121 (Imperial Titles), an Act of Parliament passed under the old
legislative system, would under this Constitution be known as IX
Esm. III 2010 (Imperial Titles) formally and the Imperial Titles Act
2010 informally.
B. House of Representatives and Local Elections
a) The House of Representatives shall consist of a Representative
elected from each Town of the Empire, and the Representatives
elected to the Diasporic List.
b) Representatives have the responsibility of representing the interest of
their constituents in Parliament.
c) Elections for Representatives, known as Local Elections, shall take
place by order of the Monarch with three weeks’ notice. Local
Elections may not take place more frequently than once every six
months, but there must be at least one Local Election for each
constituency every five years.
d) Local Elections can be called for an individual Town, a group of
Towns, the Diasporic List, or for a combination of these together.
e) If a Local Election is ordered by the Monarch to take place on a date
which is less than six months after the last Local Election for that
constituency took place, then the order shall be invalid. If a Local
Election is not ordered by the Monarch three weeks before the date
when it shall have been five years since the last Local Election for
that constituency, than a Local Election shall automatically be
ordered under this Constitution.
f) During the first of the three weeks between the order for a Local
Election and the actual election, any Austenasian subjects may stand
for election to run for the office of Representative in their
constituency. The remaining two weeks may be spent campaigning to
attempt to persuade the subjects in that constituency to vote for them.
g) On the day of the Local Election, all subjects willing shall go to
ballot stations organised by their respective Town Council (or the
Secretary-General in the case of non-residential subjects) to cast a
vote for who they wish to be their Representative. All subjects
willing and eligible must be permitted to vote.
h) All votes shall be counted by the day after the Local Election.
C. Towns
a) After a Local Election in a Town, the person who was Representative
before the Local Election shall announce the results. The person with
the most votes becomes the next Representative of the Town.
b) Should a Representative of a Town die or resign, the respective
Town Council shall elect from amongst themselves an Acting
Representative to fulfil the duties of Representative of that Town
until a Local Election is held.
D. Diasporic List
a) The Diasporic List shall consist of a number of Representatives
elected by the non-residential subjects of Austenasia with the purpose
of representing such in Parliament.
b) Any non-residential subject has the right to stand for election to the
Diasporic List, although exceptions may be made by Parliament
should they already be electorally affiliated with a Town.
c) The number of Representatives in the Diasporic List shall be decided
by Parliament on the basis of the democratic equality of non-
residential subjects with residential subjects in regards to
parliamentary representation.
d) Candidates who stand for election to the Diasporic List shall be
elected by a single transferable vote (STV) system, the precise
mechanism and procedure of which shall be decided by Parliament.
e) After a Local Election for the Diasporic List, the Home Secretary or
Secretary-General shall announce the results.
VI. The Prime Minister
A. Powers
a) The Prime Minister is the Head of Government of the Empire of
Austenasia.
b) The Prime Minister is responsible for overseeing the regular
activities of the Cabinet and co-ordinating the work of the
Government Ministers.
c) The Prime Minister shall hold a deciding vote should any vote by
the House of Representatives be tied.
d) Should the Prime Minister not hold a higher ranking style, he/she
shall have the style of The Right Honourable (The Right Hon.).
The Prime Minister shall hold the post-nominals of PM if not a
member of the Imperial Family.
e) The Prime Minister shall act as the voice and public face of the
government of Austenasia.
B. General Elections
a) An election for the Prime Minister, known as a General Election,
shall take place by order of the Monarch or Prime Minister, with
seven weeks notice. General Elections may not take place more
frequently than once every eight months, but there must be at least
one General Election every four years.
b) If a General Election is ordered by the Monarch or Prime Minister to
take place on a date which is less than eight months after the last
General Election took place, then the order shall be invalid. If a
General Election is not ordered by the Monarch or Prime Minister
seven weeks before the date when it shall have been four years since
the last General Election, than a General Election shall automatically
be ordered under this Constitution.
c) During the first three weeks between the order for a General Election
and the actual election, any Representatives willing may apply to
stand for election to run for the office of Prime Minister. The
Monarch must choose at least two applicant Representatives, who
from the point of being chosen until the General Election concludes
shall hold the status of Candidates. The remaining four weeks may be
spent by the Candidates campaigning to attempt to persuade the
subjects of the Empire to vote for them.
d) On the day of the General Election, all subjects willing shall go to
ballot stations organised by their respective Town Council to cast a
vote for who which of the Candidates they wish to be Prime Minister.
All subjects willing must be permitted to vote.
e) All votes shall be counted by the day after the General Election,
when the Monarch shall announce the results. The Candidate with the
highest amount of votes shall become Prime Minister, and a
Representative chosen by the newly elected Prime Minister with the
consent of the Monarch shall become Deputy Prime Minister.
C. Succession
a) Paragraph A was repealed by the Fourth Amendment to the
Austenasian Constitution of 2011.
b) Paragraph B was repealed by the Fourth Amendment to the
Austenasian Constitution of 2011.
c) If the office of Prime Minister becomes vacant due to death, removal,
or resignation, then the Deputy Prime Minister shall assume all
responsibilities and powers of the office of Prime Minister and shall
serve until the next General Election.
d) The Prime Minister may be removed from office by Act of
Parliament, upon which they shall be immediately succeeded by the
Deputy Prime Minister.
e) If the Prime Minister inherits the Throne and chooses to accept it,
this shall be considered a simultaneous resignation of the office of
Prime Minister.
f) Paragraph F was repealed by the Fourth Amendment to the
Austenasian Constitution of 2011.
g) Upon the ascension of the Deputy Prime Minister to the office of
Prime Minister, or if the office of the Deputy Prime Minister
becomes vacant due to death, removal, or resignation, the House of
Representatives shall, by majority vote, select a new Deputy Prime
Minister from the Prime Minister’s nomination or, if not possible,
from among its members.
h) If the offices of Prime Minister and Deputy Prime Minister both
become vacant due to death, removal, or resignation, the office of
Prime Minister shall be assumed by the first in a line of succession of
Government Ministers that has been approved by Parliament. If none
of the members of said line are able or willing to serve, then the
House of Representatives shall, by majority vote, elect a new Prime
Minister from among its members
VII. Cabinet
A. The Cabinet is the body of Government Ministers responsible for executive
administration and governance of the Empire.
B. The Cabinet is comprised of the Prime Minister and all appointed
Government Ministers.
C. Government Ministers are individuals appointed by the Monarch at the
nomination of the Prime Minister to be responsible for certain functions of
government.
D. Government Ministers shall be responsible for the administration and
direction of Government Ministries.
E. The five Government Ministries are the Home Office, the Foreign Office, the
Treasury, the Environmental Office, and the Ministry of Defence.
F. The Government Minister responsible for the Home Office shall be known as
the Home Secretary; the Foreign Office, the Chief Ambassador; the Treasury,
the Chancellor; the Environmental Office, the Minister for the Environment;
and the Ministry of Defence, the Minister of Defence.
G. The five Government Ministries shall retain the functions, powers, duties and
structures held before the implementation of this Constitution.
H. Government Ministries may be established and disestablished by Parliament.
I. The Monarch may appoint Government Ministers (other than the
aforementioned five) and grant them authority to perform certain functions of
governance not within the jurisdiction of any Government Ministries – such
Government Ministers need not have a Government Ministry.
VIII. Local Government
A. Every Town with a population of three or more shall elect a Town Council, to
be comprised of three to twenty people. Members of a Town Council shall be
known as Town Councillors.
B. Elections for Town Councillors shall be organised by the Town Council, but
each Town Councillor must be re-elected more frequently than every two
years and one day, and any willing subjects of that Town must be permitted
to run for election to the position of Town Councillor. The Town Council
shall decide whether or not residents of the Town are permitted to run for the
position of Town Councillor or not.
C. Town Councils have the power to pass bye-laws. Bye-laws are laws which
can only be enacted by a Town Council, and only apply to the Town in which
they are passed. Bye-laws cannot contradict Imperial Edicts, Imperial
Decrees, or Acts of Parliaments, and will be automatically repealed by any
Imperial Edicts, Imperial Decrees, or Acts of Parliaments which contradict
them.
IX. Judiciary
A. Courts
a) Persons accused of committing a crime or breaking a law shall be
brought before a court, to be tried for it to be determined whether
they are innocent or guilty.
b) Each populated Town shall have a Town Court, each populated
Duchy shall have a High Court, and the Empire as a whole shall have
the Imperial Court.
c) Crimes are classified as misdemeanours, second-class felonies, or
first-class felonies, depending on the severity of the crime. Those
accused of misdemeanours shall be tried by their Town Court, those
accused of second-class felonies shall be tried by their High Court,
and those accused of first-class felonies shall be tried by the Imperial
Court.
d) A Town Court may have a person brought before them tried by their
High Court instead, and a High Court may have a person brought
before them tried by the Imperial Court instead.
B. Trials
a) A person brought before a court to be tried shall be known during the
trial as the defendant. The person who has brought him before the
court shall be known as the prosecutor. Both the defendant and the
prosecutor may be represented in the trial by a lawyer or solicitor.
b) Trials in a Town Court shall be referred to as “Name of Town vs.
Name of Defendant”, trials in a High Court as “Duchy of Name of
Duchy vs. Name of Defendant”, and trials in the Imperial Court as
“The Imperial Majesty vs. Name of Defendant”.
c) The role of the Judge in a trial is to direct when the defendant and
prosecutor may speak, when a trial may be suspended and when it
shall reconvene, and announce the verdict of the Jury.
d) The role of the Jury in a trial is, after hearing all evidence and legal
arguments from both the defendant and the prosecutor, to vote on
whether or not the defendant is innocent or guilty.
e) Both the defendant and the prosecutor must be permitted to bring
before the Jury during the trial any evidence or legal arguments
which they have.
C. Appeals
a) If either the defendant or prosecutor is unsatisfied with the outcome
of a trial, then they may appeal for the case to be tried again, by the
court above the one in which the case was originally tried.
b) A misdemeanour shall not be brought before the Imperial Court.
c) After the verdict of a Jury is announced, the defendant or prosecutor
shall have a period of fourteen days in which to appeal to the court
above. If they do not appeal within this time, then they shall lose the
chance to do so.
d) A defendant or prosecutor unsatisfied with the outcome of a trial held
in a Town Court may, within the allotted time period, appeal to the
Judge of the High Court of the Duchy in which the Town Court is.
The Judge of that High Court shall then decide whether to accept or
reject the appeal.
e) A defendant or prosecutor unsatisfied with the outcome of a trial held
in a High Court may, within the allotted time period, appeal to the
Judge of the Imperial Court, that is, the Monarch. The Monarch shall
then decide whether to accept or reject the appeal.
f) The outcome of a trial held in the Imperial Court may not be
appealed.
g) Should the Judge of a Court reject an appeal, then the verdict
originally given will be confirmed and the outcome of the trial may
not be appealed again.
h) Should the Judge of a Court accept an appeal, then the verdict
originally given shall be declared null and void, and the case shall be
tried once more, in the court above the one in which it was originally
tried.
D. Consuls
a) Every year, the Prime Minister shall appoint two Consuls.
b) The Consuls shall have the duty of deciding the punishment to be
taken by a person found guilty of a crime.
c) Before deciding on the punishment to be taken by a person found
guilty of a crime, the Consuls must wait to see whether or not the
person found guilty will appeal to a higher court – if they do not
appeal within the allotted time, or if their appeal is rejected, only then
shall the Consuls decide on the punishment. If the appeal is accepted,
then the Consuls shall wait to see if the new trial results with a
verdict of innocent or guilty – if innocent, then the person accused of
a crime shall not be punished.
d) A Consul may not serve more than two consecutive years in office,
and the same two Consuls may not serve two consecutive years
together.
e) The Consuls for each year shall be designated First Consul and
Second Consul. These titles carry with them no superiority of rank,
power, or precedence.
f) The two Consuls shall alternate each month in carrying out the duties
of the Consuls. The Consul who is not carrying out the duties of the
Consuls that month may, however, veto any punishment decreed by
the Consul who is.
g) When referred to exclusively by virtue of their office as Consul, the
Consuls shall be referred to by their secondary title, or by their name
and title in Latin.
h) A Consul may only be removed from office by Parliament, or by
resigning with two weeks’ notice.
i) If a Consul dies, resigns, or is removed from office, than the Prime
Minister shall appoint a Consul suffectus to replace the former
Consul for the remainder of the year. Consuls suffectus shall have the
same rank, power, and precedence as a Consul ordinary.
X. Administrative Divisions
In accordance with Paragraph 21 of the First Amendment to the
Austenasian Constitution of 2011, Sections A-D of Article X were
repealed by Parliament on 29 October 2015. Their provisions were
replaced by Paragraphs 7-12 of the Empire of Austenasia Act 2015.
XI. Caesars, Augustae, Nobility and Peers
A. The Monarch may appoint as a Caesar any male member of the Imperial
Family or of the Line of Succession to the Throne, or any other man with the
consent of the Prime Minister and of any existing Caesars.
B. Caesars may keep this status until their death (unless the Monarch revokes it
or the Caesar relinquishes it), but it is not hereditary. Caesars will have the
secondary title of Forename Nobilissimus Caesar, and (if they do not have so
already) have the style of Imperial Highness.
C. The Monarch may appoint as an Augusta any female member of the Imperial
Family or of the Line of Succession to the Throne, or any other woman with
the consent of the Prime Minister and of any existing Augustae.
D. Augustae may keep this status until their death (unless the Monarch revokes
it or the Augusta relinquishes it), but it is not hereditary. Augustae will have
the secondary title of Forename Augusta, and (if they do not have so already)
have the style of Imperial Highness.
E. Every Town shall have a Baron/Baroness; every Province shall have a
Count/Countess; every Duchy shall have a Duke/Duchess; and every Region
shall have an Archduke/Archduchess. These positions are collectively known
as Nobility (singular: Landed Noble).
F. Barons have the title of Lord Forename Surname, Baron of Town and are
addressed as My Lord. Wives of Barons have the title of Lady Surname.
Baronesses have the title Lady Forename Surname, Baroness of Town, and
are addressed as My Lady. The children of a Baron or Baroness have the non-
hereditary title of The Hon. Forename Surname. They may continue to use
this title after the death of the parent noble if they did not inherit the noble
title.
G. Counts have the title of Lord Forename Surname, Count of Province and are
addressed as My Lord. Wives of Counts have the title of Lady Surname.
Countesses have the title Lady Forename Surname, Countess of Province,
and are addressed as My Lady. The sons of a Count or Countess have the
non-hereditary title of The Hon. Forename Surname, and the daughters have
the non-hereditary title of The Lady Forename Surname.
H. Dukes have the title of Lord Forename Surname, Duke of Duchy, and are
addressed as Your Grace. Wives of Dukes have the title of Lady Forename
Surname. Duchesses have the title Lady Forename Surname, Duchess of
Duchy, and are addressed as My Lady. The sons of a Duke or Duchess have
the non-hereditary title of Lord Forename Surname, and the daughters have
the non-hereditary title of The Lady Forename Surname.
I. Archdukes and Archduchesses must be members of the Imperial Family or
the Line of Succession to the Throne. If a Lord/Lady Imperial is an Archduke
or Archduchess, then he/she will be known as “Lord Forename, Archduke of
Region” if male, and “Lady Forename, Archduchess of Region” if female.
J. A title of Nobility can only be granted and taken away by Parliament.
K. Peerages are hereditary titles which may be granted by the Monarch.
Recipients of peerages are known as peers.
L. Peers shall be known as Name, Baron/Viscount/Count/Marquess/Duke of
Place. The Monarch shall decide which title is granted (female equivalents
obviously permitted) and which place the person is made peer of. The same
place may not have more than one simultaneous peerage named after it.
M. Caesars, Augustae, Nobility and Peers are collectively known as Nobles.
N. Nobles shall have the following order of precedence: first shall come the
Caesars and Augustae, in chronological order of when they were appointed to
said title; they shall be followed by the Archdukes and Archduchesses, in
chronological order of when their respective Region was founded; they shall
be followed by the Dukes and Duchesses who are Nobility, in chronological
order of when their respective Duchy was founded; they shall be followed by
the Dukes and Duchesses who are Peers, in an order which shall be decided
by the Monarch upon the granting of each Peerage; they shall be followed by
the Marquesses and Marchionesses who are Peers, in an order which shall be
decided by the Monarch upon the granting of each Peerage; they shall be
followed by the Counts and Countesses who are Nobility, in chronological
order of when their respective Province was founded; they shall be followed
by the Counts and Countesses who are Peers, in an order which shall be
decided by the Monarch upon the granting of each Peerage; they shall be
followed by the Viscounts and Viscountesses, in an order which shall be
decided by the Monarch upon the granting of each Peerage; they shall be
followed by the Barons and Baronesses who are Nobility, in chronological
order of when their respective Town was founded; they shall be followed by
the Barons and Baronesses who are Peers, in an order which shall be decided
by the Monarch upon the granting of each Peerage.
XII. Human Rights
A. All human beings are born free and equal in dignity and rights. All humans
are equal before the law.
B. All humans have the right to liberty and security of person, subject only to
arrest or detention under the law.
C. Everyone has the right to choose and to practice his or her religion, faith or
belief without persecution, and to profess his or her religion freely, to change
it, and to practise it either alone or with others. This is subject only to such
limitations as are prescribed by law and are necessary to protect public safety,
order or health, or the fundamental rights and freedoms of others.
In accordance with Paragraph 8 of the Second Amendment to the
Austenasian Constitution of 2011, Section D of Article XII was
repealed by Parliament on 16 February 2018. Its provisions were
replaced by Paragraph 3 of the Human Rights Act 2018.
E. No human may be forced to become another person’s slave. The buying and
selling of slaves is hereby outlawed.
F. No one shall be subjected to arbitrary arrest, detention or exile.
G. No one shall be required to perform forced or compulsory labour, unless it is
required under law as punishment for a crime, or is service of a military
character by an enlisted member of the military.
H. No one shall be held guilty of any crime or offence on account of any action
or lack of action which did not constitute a crime or offence at the time when
it was committed.
I. Anyone who is arrested shall be informed, at the time of arrest, of the reasons
for their arrest and shall be promptly informed of any charges against them.
Anyone arrested or detained on a criminal charge shall be entitled to trial
within a reasonable time or to release, although release may be subject to
guarantees to appear for trial.
J. Every human has the right to life. Capital punishment is outlawed.
K. Every human has the right to live in safety under a stable government, to
have a fair trial and to be allowed to defend themselves if accused of a crime.
L. Every human has the right to be considered innocent until proven guilty.
M. All humans have the right to freely pursue their social and cultural
development.
N. Every human has the right to a name. Every human also has the right to
change their name so long as it is not for fraudulent purposes.
O. All humans have the right to respect for the privacy of their personal and
family life, home and correspondence.
Section P of Article XII was repealed by Paragraph 9 of the Second
Amendment to the Austenasian Constitution of 2011.
Q. Human beings, upon reaching a certain age (to be decided by Parliament),
without any limitation due to race, religion, gender or nationality have the
right to marry and to found a family. Marriage shall be entered into only with
the full, free, willing and express consent of the intending spouses – forced
marriage is outlawed.
In accordance with Paragraph 11 of the Second Amendment to the
Austenasian Constitution of 2011, Section R of Article XII was
repealed by Parliament on 16 February 2018. Its provisions were
replaced by Paragraph 5 of the Human Rights Act 2018.
S. Every human has the right to own property without it being taken away
without good reason.
T. Every human has the right to peaceful assembly. No one may be forced to
belong to an association.
U. All workers have the right to safe and healthy working conditions, fair and
just remuneration for work performed, and time off when ill or pregnant.
V. Every human has the right to freedom of thought and opinion.
W.Every human has the right to freedom of speech.
X. Every human has the right to freedom of expression.
Y. The rights of one human end where they infringe upon the rights of another.
XIII. The Senate
A. The Senate shall be responsible for the accountability of the Monarch, who
shall deliver to them an address every Imperial Ascension Day reporting on
the state of the Empire under their reign, their achievements over the past
year, and their plans for the next year.
B. Members of the Senate hold the position of Senator, and hold the style of The
Illustrious should no higher style or title be held.
C. The Senate shall consist of:
a) Any former holders of the position of Monarch, Prime Minister or
Consul who accept a seat in the Senate at the invitation of the
Monarch and Prime Minister.
b) Any current or former holders of the title Augusta or Caesar who
accept a seat in the Senate at the invitation of the Monarch and Prime
Minister.
c) The incumbent Consuls and Speaker of the House of
Representatives.
d) A Senator nominated by the Monarch, and a Senator nominated by
the Prime Minister, both of whom shall stay Senators only at the
discretion of their nominator.
e) Senators appointed under the provisions of Paragraphs A and B of
this same Section shall hold office for a term of five years, at the end
of which they shall either cease to be a Senator or may be re-
appointed for another five year term by agreement of the Monarch
and Prime Minister. There shall be no limit on term renewals.
D. Neither an incumbent Monarch nor an incumbent Prime Minister may hold a
seat in the Senate; should a Senator ascend to the Throne or become Prime
Minister, they shall not be considered a Senator for the duration of their reign
or time in office. Should the Monarch or Prime Minister be named Consul,
they shall still not gain the position of Senator.
E. Senators appointed under the provisions of Section C, Paragraphs A and B of
this same Article may be divested of their position as such should the Senate
vote to do so on the basis of criminal or immoral behaviour.
F. A Senator appointed by the Monarch upon the advice of the Senate shall be
known as the Princeps Senatus, and shall be responsible for convening and
chairing meetings of the Senate, counting votes, and generally administering
the business of the Senate. The Princeps Senatus shall hold the style of The
Most Illustrious should no higher style or title be held, and – like the Consuls
– when referred to by virtue of that position be known by their secondary title,
or by the name and title in Latin. The Princeps Senatus may delegate their
powers and duties as such to another Senator. Should the Senate meet to vote
on divesting the Princeps Senatus of their position as a Senator, or should
there be no Princeps Senatus in office or able to attend a meeting, the Senate
may make decisions chaired by a Senator who temporarily assumes
leadership with the consent of the majority of other Senators.
G. The Senate may, should they disagree with a course of action taken by the
Monarch or otherwise wish to impart advice to the Monarch, pass by vote a
Senatorial Resolution, containing advice to the Monarch which must be taken
into account. Should the Monarch ignore Senatorial Resolution(s) to the
extent that the Senate consider him or her to no longer be capable of ruling,
or should the Monarch display any other behaviour or actions which the
Senate deem to suggest the Monarch is no longer capable of or suitable for
holding the Throne, the Senate may vote for a Regency in accordance with
Article IV, Section E of this Constitution.