The Constitution of the Kingdom of Martinia

Last night I was wondering: if I were able to create my own country, what would it be like and what kind of laws would it have? So, instead of sleeping, I spent the whole night creating a constitution for my hypothetical country, because that's what a nerd like me would do.

For my country, I imagined a small city-state, the size of an island, because smaller countries are easier to administer. I decided that it would be a parliamentary constitutional monarchy, because in my opinion this is the best kind of government that exists; it mixes the democracy of a republic with the stability of a monarchy, so it has the best of both worlds. For the name, I decided to call my country Martinia, inspired by the Latin name Martinus, which is the origin of my surname. So without further ado, behold the Constitution of the Kingdom of Martinia:

Preamble

King Carlos of Martinia, desiring to establish Justice and secure Freedom for all His subjects, does hereby proclaim and establish this Constitution for the Kingdom of Martinia.

Article I: The Legislature

Section 1. Legislative Authority Vested

The Legislative Power of Martinia shall be vested in the Parliament, subject to the rights reserved to the Crown in Section 6.

Section 2. The Parliament

The Parliament shall be composed of Members of Parliament directly elected by the citizens of Martinia.

The Parliament possesses the exclusive right to initiate all laws regarding taxation and public expenditure (the national budget).

Section 3. Election and Composition of the Parliament

Members of Parliament shall be elected every five (5) years by all citizens of Martinia who have attained the age of twenty-five (25) years, guaranteeing suffrage to mature citizens. The Parliament shall consist of precisely twenty-one (21) Members. Candidates for the Parliament must also have attained the age of twenty-five (25) years. The entire Kingdom shall constitute the single electoral area.

Section 4. Method of Parliamentary Election

The election of the Parliament shall be held concurrently with the Prime Minister's election. Every citizen shall cast at least one (1) and up to nine (9) votes for candidates for the Parliament, but may not cast more than one vote for any single candidate.

The twenty-one (21) seats in the Parliament shall be awarded to the individual candidates who receive the highest number of votes across the entire Kingdom.

Political parties are not mandatory; candidates may run as independents.

Section 5. Rules for Political Parties

To ensure diverse representation and prevent legislative dominance:

No political party may officially endorse or sponsor more than nine (9) candidates for Parliament in a single election cycle.

Section 6. Royal Assent and Enactment

All laws passed by the Parliament follow one of two paths to enactment:

Simple Majority Path: A law passed by a simple majority requires the formal Royal Assent of the Monarch. If the Monarch withholds Assent, the law is voided.

Supermajority Path: A law passed by a three-quarters (3/4) majority (16 votes) of the sitting Members of Parliament shall be immediately enacted into law and is not subject to Royal Assent or Veto.

The Parliament further holds the power to refuse any law proposed directly by the Monarch (Royal Decree), provided two-thirds (2/3) of the sitting Members vote against it. This serves as the primary veto against the Crown's legislative proposals.

Article II: The Prime Minister and Executive Power

Section 1. Head of Government

The Executive Power of Martinia shall be administered by a Prime Minister, who shall serve as the Head of Government.

Section 2. Election and Appointment

The Prime Minister shall be chosen by the citizens of Martinia through a general election and shall hold office for a term of five (5) years. Candidates for Prime Minister must have attained the age of twenty-five (25) years. The King shall formally invest the individual who possesses the democratic mandate.

Section 3. Method of Prime Minister Election

The Prime Minister shall be elected by a popular, direct, and universal vote. For a candidate to be elected in the first round, they must receive an absolute majority of the valid votes cast (more than 50%). If no candidate achieves this majority, a Runoff Election shall be held between the two candidates who received the highest number of votes in the first round, and the winner of the runoff shall be declared Prime Minister.

Section 4. Rules for Political Parties

No political party may officially endorse or sponsor more than one (1) candidate for the office of Prime Minister in a single election cycle.

Section 5. Executive Authority

The Prime Minister shall oversee the daily administration of the Kingdom, command the King’s civil service, formulate national budgets, and direct the foreign policy of Martinia, subject always to the Royal Decree and the ultimate will of the Crown.

Section 6. The Cabinet

The Prime Minister shall nominate a Cabinet of Ministers, each responsible for the management and daily execution of policy within their designated executive department. The Cabinet shall consist of the Prime Minister and precisely nine (9) other Ministers. Ministers are strictly executive administrators and cannot simultaneously serve as Members of Parliament. The Ministers are accountable to the Prime Minister for the administration of the Kingdom. All Ministers shall be formally appointed by the Prime Minister.

Section 7. Accountability

The Prime Minister's term shall be five years. The King may dismiss the Prime Minister only upon the passage of a vote of no confidence by a two-thirds (2/3) majority of the Parliament, or in cases of treason or incapacity.

Article III: The Judiciary

Section 1. Judicial Power

The Judicial Power of Martinia shall be vested in a Supreme Court and in such inferior Courts as may be established by Royal Decree upon the recommendation of the Prime Minister. The Judiciary shall be the ultimate interpreter of the Constitution and the Laws of Martinia.

Section 2. Appointment and Tenure

The Supreme Court shall consist of seven (7) Justices. Judges of all courts shall be appointed by the King, acting upon the counsel of the Prime Minister, and shall hold their offices during good behavior, thereby ensuring the independence of the Judiciary. Their compensation shall not be diminished during their continuation in office.

Section 3. Jurisdiction

The Judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution and the Laws of Martinia.

The Supreme Court shall have original jurisdiction in cases affecting Ambassadors, Public Ministers, and those in which the Government of Martinia shall be a Party.

In all other cases, the Supreme Court shall have appellate jurisdiction, both as to Law and Fact.

Section 4. Power of Judicial Review

The Supreme Court possesses the explicit power of Judicial Review.

The Court may declare any Law passed by Parliament, or any Royal Decree issued by the King, to be Null and Void if such Law or Decree is found to be in violation of this Constitution.

Such a declaration requires a majority vote of the sitting Justices.

Section 5. Treason

Treason against the Kingdom of Martinia shall consist only in levying War against the Crown, or in adhering to its enemies, giving them Aid and Comfort. No person shall be convicted of Treason unless on the testimony of two witnesses to the same overt Act, or on Confession in open Court. The punishment for Treason shall be life imprisonment.

Article IV: General Provisions

Section 1. Compensation of Office Holders

To ensure fairness and public service, the compensation for elected and appointed officials is hereby regulated:

The Prime Minister, Cabinet Ministers, Members of Parliament, Supreme Court Justices and Judges shall each receive a salary equivalent to twice (2x) the national minimum wage, and shall not be diminished.

The remuneration of the King (Civil List) shall be fixed at three times (3x) the national minimum wage and shall not be diminished during His reign.

Section 2. Oath of Office

Before entering the execution of their respective offices, the Prime Minister, Cabinet Ministers, Members of Parliament, and Justices shall take an oath to faithfully execute their duties and to preserve, protect, and defend the Constitution of the Kingdom of Martinia.

Section 3. Taxation Limits

The power of the Parliament to levy taxes is subject to the following maximum limits:

Income Tax: The cumulative rate of personal income tax, regardless of bracket, shall never exceed fifty percent (50%).

Consumption Tax: The national Sales Tax or Value Added Tax (VAT) rate on goods and services shall never exceed fifteen percent (15%).

Section 4. Permitted Taxes

The Parliament shall only be authorized to impose and collect taxes upon the following three subjects:

Income: Taxes levied upon the personal earnings or corporate profits of citizens and residents.

Consumption: Taxes levied upon the sale of goods and services (e.g., Sales Tax or VAT).

Property: Taxes levied upon the transfer, purchase, or sale of immovable property (land and real estate) or vehicles. Periodical taxes (such as annual property or vehicle fees) are strictly prohibited.

No other form of tax, duty, or levy shall be imposed by the government.

Article V: The Crown and Succession

Section 1. The Sovereign

The Head of State shall be the reigning King or Queen of Martinia. The Crown is the permanent symbol of the unity and identity of the Kingdom.

Section 2. Order of Succession

The right to the Crown shall be inherited by the legitimate children of the reigning Sovereign, according to the principle of Absolute Primogeniture, whereby the oldest child shall succeed to the Throne regardless of gender.

Section 3. Failure of the Direct Line

Should a Sovereign die without any legitimate offspring, the Crown shall pass to the oldest living sibling of the deceased Sovereign.

If there are no living siblings, the Crown shall pass to the oldest living niece or nephew, and so on, continuing the line of descent to the next available generation.

Under no circumstances shall the Crown revert to a previous generation. Succession shall only move laterally within the same generation or forward to the next generation.

Section 4. Royal Consort and Marriage

The King or Queen may marry any person of their choosing, regardless of that person’s background, social standing, or national origin, reflecting the principle that the Sovereign may marry for love and personal choice.

The spouse of a reigning King or Queen (the Royal Consort) shall hold no official political or governmental position and shall exercise no power granted under this Constitution.

Section 5. Failure of the Entire Line

Should the Royal Line of succession fail completely, with no living heirs remaining under the rules of Section 3, the following procedure shall apply:

The Parliament shall be convened immediately for the sole purpose of electing a new Sovereign (King or Queen).

The candidates for the election shall be drawn exclusively from among the serving Members of Parliament.

Each Member of Parliament shall cast one (1) vote for any other Member (no Member may vote for himself or herself).

The Member of Parliament who receives the highest number of votes (a plurality) shall be immediately proclaimed the new Sovereign, thereby establishing a new Royal Line.

Section 6. Minority and Regency

In the event that the heir to the Crown is under the age of twenty (20) years at the time of succession:

All constitutional functions, powers, and duties of the Sovereign shall be exercised by the serving Prime Minister, acting as Regent.

This Regency shall continue until the year immediately after the Sovereign attained the age of twenty (20) years, at which point full Royal Authority shall revert to the Monarch.

Article VI: Amendment Process

Section 1. Proposal of Amendments

Any amendment to this Constitution must be proposed by the King, the Prime Minister, or the Chief Justice of the Supreme Court. The proposal must then pass the Parliament by a two-thirds (2/3) majority of the sitting Members of Parliament.

Section 2. Ratification

Upon passage by the Parliament, the proposed amendment must receive the formal Royal Assent of the King. The amendment shall then be reviewed and approved by a simple majority of the Supreme Court Justices. Following Judicial approval, the amendment shall be submitted to the citizens in a National Referendum and requires ratification by a simple majority of the citizens who cast a vote.

Article VII: Fundamental Rights of the Citizenry

Section 1. Core Freedoms

The government shall make no law regulating the establishment of any religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people to peaceably assemble, and to petition the government for a redress of grievances.

Section 2. Security and Privacy

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. The right of a citizen who has attained the age of twenty-five (25) years to keep and bear firearms for personal security and self-defense shall not be infringed.

Section 3. Due Process and Criminal Rights

No person shall be subject for the same offence to be twice put in jeopardy (Double Jeopardy); nor shall be compelled in any criminal case to be a witness against himself (Self-Incrimination); nor be deprived of life, liberty, or property, without due process of law.

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial by an impartial jury, to be informed of the nature and cause of the accusation, to be confronted with the witnesses against him, to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.

Section 4. Property Rights and Eminent Domain

Private property shall not be taken for public use without just compensation.

Section 5. General Judicial and Residual Rights

Excessive bail shall not be required, nor excessive fines imposed. The enumeration in this Constitution of certain rights shall not be construed to deny or disparage others retained by the people.

Section 6. Prohibition of Torture and Cruel Punishment

Torture, inhuman, or degrading treatment is absolutely and unequivocally prohibited. Further, except for the specific imposition of the death penalty for the high crimes of premeditated murder, desertion in combat, or war crimes, as defined by law, cruel and unusual punishments shall be strictly prohibited.

Section 7. Age Definitions

The age of legal consent for sexual activity shall be set at fifteen (15) years old. The age at which a person attains legal majority and is deemed an adult shall be eighteen (18) years old. The minimum age for the legal consumption of alcohol shall be twenty-one (21) years old.

Section 8. Right to Information and Fiscal Transparency

Every citizen has the right to access any and all information regarding the activities, decisions, and administrative records of the government. The government is constitutionally mandated to publish, in real-time or at regular and frequent intervals, the exact total amounts of all taxes collected and a detailed, itemized breakdown of every expenditure made with public funds. This right shall not be infringed except in specific cases of national security as strictly defined by law.

Article VIII: The Armed Forces and State of Emergency

Section 1. The Armed Forces

The Kingdom of Martinia shall maintain a single, unified security entity known as the Armed Forces of Martinia.

In times of peace, the Armed Forces shall serve as the primary law enforcement and police agency.

In times of war, the Armed Forces shall serve as the military defense of the Kingdom.

Members of the Armed Forces in active duty shall not hold any other office or position in the government.

Section 2. Commander-in-Chief

The reigning King or Queen shall be the Commander-in-Chief of the Armed Forces.

Section 3. Abuse of Power and Deposition

Should the Sovereign abuse their powers, the Parliament may depose the Sovereign and transfer the Crown to the next heir in the Order of Succession.

Such an action requires a three-quarters (3/4) majority (16 votes) of the sitting Members of Parliament, a unanimous vote from the Justices acting in the Supreme Court, and the formal approval of the Prime Minister.

Section 4. State of Emergency

In the event of war, natural disaster, or catastrophic emergency, the Prime Minister and the Parliament (by simple majority) may jointly declare a State of Emergency.

Upon this declaration, all executive and administrative powers shall temporarily transfer to the Armed Forces to ensure the safety and stability of the Kingdom.

The State of Emergency shall persist until the crisis is resolved and the order is rescinded by the Prime Minister and the Parliament.

Section 5. Declaration of War

The power to declare War against any foreign entity shall be exercised jointly. No War shall be declared without the explicit mutual agreement of both the King and the Prime Minister.