The Fundamental Law
Constitution of Eldoria — 1 October 1971
Adopted 3 months after the death of Alexandre Lecompte, it abolished the monarchy and established the present-day state: strong at the top, free at the grassroots. 44 articles, revised 4 times over a period of 47 years.
Key facts
Contents
Preamble
We, the people of Eldoria, heirs to the 7 clans who gathered on the high plateaus of Khorosan in 969, faithful to the 3 pillars handed down by Aldric Vinter — trade, discipline and patience — desire a state that protects without oppressing and governs without deceit. We hold it to be certain that the freedom of each individual can only endure if each person is accountable for their actions, and that the authority of the State is valid only insofar as it brings security and prosperity to the people. We hereby adopt this Fundamental Law, for ourselves and for those who will come after us.
The text
Version in force in 2018. Details of the implementation of these articles can be found on the pages entitled ‘Political System and Authority’, ‘Institutions’ and ‘Law and Justice’.
Title I — Principles
The State of Eldoria is a sovereign, indivisible and neutral state. Its motto is ‘By Fire, by Steel, by Time’. Its political capital is Aldara, and its judicial capital is Tavisky.
Sovereignty rests with the people. They exercise it through their representatives in the National Assembly, in their local authorities and regions, and through the institutions established by this Act.
The State guarantees the nation’s security, the freedom of its people and the common good. It cannot demand greater authority without offering greater security.
No one, whatever their position, is above the law. Every holder of public office is personally accountable for their decisions.
Corruption on the part of a public official is a betrayal of the nation. It is punished as such.
Title II — Rights and Freedoms
All citizens are born and remain equal before the law, without distinction as to origin, sex, clan or religion.
There is freedom of speech and of the press. Anyone may criticise the government, its laws and its leaders. The only offences punishable by law are incitement to violence, defamation and the disclosure of defence secrets.
Conscience is free. Everyone is free to believe, not to believe, and to practise their religion in private or in public, provided they respect public order. 3 religions — Christianity, Buddhism and Shinto — have official status; none is imposed. (1997 version.)
Private property is inviolable. No one may be deprived of it except where there is a public necessity established by law, and in return for fair and prior compensation. The unauthorised occupation of another person’s property does not create any rights.
A person’s home is inviolable. Anyone who defends their home, family, pets or property against an intrusion is presumed to be acting in self-defence.
Any adult citizen with no serious criminal convictions may possess and carry a weapon, subject to the conditions laid down by law.
Everyone is free to start a business, engage in trade and own the means of their labour. The State protects competition and strategic sectors relating to national defence.
Citizens may assemble and form associations freely, without prior authorisation, provided they do so without weapons or violence.
Education is free and compulsory from the age of 5 to 18. Healthcare is free for all nationals. Public transport is free.
Everyone is presumed innocent until their guilt has been established by a final judgement. They have the right to a lawyer from the moment of their arrest and to be tried within a reasonable time.
Title III — The Supreme Head of State
The Supreme Head of State leads the government, commands the armed forces, conducts foreign affairs, appoints senior judges and holds sole authority over the use of nuclear weapons.
His successor is chosen from a shortlist of candidates drawn up by the World Intelligence Service. The Head of State makes the selection; the Conseil Exécutif de Continuité (Executive Council of Continuity), known as the succession chamber, confirms it.
In the event of death or incapacity without a confirmed successor, the succession chamber shall assume interim leadership and shall itself select the Head of State from the shortlist drawn up by the SRM.
The Head of State either enacts laws passed by the National Assembly or vetoes them. He may dissolve the Assembly; new elections must be held within 60 days.
Title IV — The Government
The government consists of the Head of State and the ministers appointed by him. It is responsible for the nation’s policy.
The government draws up the national budget on its own, so that it can act swiftly. It presents it each year to the National Assembly, which may question it.
Taxes are introduced, amended or abolished by an Act passed by the National Assembly and promulgated by the Head of State. No tax may be levied without this dual approval.
Title V — The National Assembly
The National Assembly comprises 300 members, elected for a five-year term by direct universal suffrage by citizens of mainland France and the Overseas territories.
Only those parties that have obtained at least 5% of the votes – and no more than the top 6 – are represented. Seats are allocated amongst them on a proportional basis. No party may hold more than 80 seats; any excess seats are distributed amongst the other represented parties. Parties not represented may attend sittings, speak in committees and table motions, but have no right to vote.
The party that comes out on top chairs the Assembly. The order of votes determines speaking time and the order in which proposals are considered.
The Assembly proposes and passes laws. A law vetoed by the Head of State may be resubmitted an unlimited number of times.
The Member of Parliament who drafted a law that has been passed is liable for it. If that law causes serious harm through carelessness or negligence, he or she may be declared ineligible for election and ordered to pay compensation, in accordance with the law.
Title VI — Regions and local authorities
The territory is organised into regions and municipalities. There are no other levels of administration.
Each local authority elects its council and mayor for a five-year term. It governs itself freely and approves its own budget. The State may intervene to provide funding, offer support or restore its financial stability.
The regional assembly brings together all the mayors in the region. It elects a mayor from amongst its members to chair the assembly for a five-year term.
Aldara, the nation’s capital, has no local council. It is administered directly by the government.
Each overseas island or territory — Socotra, Aden, the Andaman Islands, Cape Verde and others — constitutes a region governed by the same system as the metropolis. The overseas states — Katanga, Zambia, Gabon — retain their own institutions, governed in part by Aldara; they delegate defence, currency and strategic resources to it and do not elect members of parliament. (2001 version.)
Title VII — Justice
Justice is administered on behalf of the people of Eldoria by independent judges. The Tavisky General Court is the supreme court.
The Constitutional Chamber, which is separate from the trial divisions of the General Court, ensures compliance with this Act. It may annul any law or act that contravenes it, including those issued by the Government.
The death penalty may only be imposed for the most serious crimes, on the basis of evidence that leaves no room for doubt, and following confirmation by the General Court. It is never carried out in public.
Any miscarriage of justice is a disgrace to the nation. The victim or their family shall receive a public apology from the government and full compensation. The judge who failed in their duty shall be held to account.
Title VIII — Defence
Eldoria practises armed neutrality. It declares war only in response to an attack against itself or against a treaty ally.
Every citizen completes one month’s military service between the ages of 38.
In a state of war, the Government may, by decree, take any measures necessary for the defence of the country. These decrees cease to have effect upon the restoration of peace. The rights set out in Articles 6, 8 and 15 may never be suspended.
Title IX — Elected representatives
Elected representatives and serving ministers receive an allowance ranging from the minimum wage to twice the minimum wage, depending on the post held and the result of the election. They are provided with a driver and only the resources necessary for their expenses.
At the end of their term of office, elected representatives revert to being ordinary citizens. They retain an honorary title, but receive no benefits, no allowance and no services.
Years spent in office do not entitle the holder to any special pension. Like any other citizen, a former elected representative receives the basic pension, which is equal to four-tenths of the minimum wage, plus any pension entitlements accrued through work outside politics.
Title X — Review
This Act may be amended on the proposal of the Head of State or the National Assembly. The amendment must be adopted by two-thirds of the Members of Parliament and promulgated by the Head of State.
Articles 4, 5 and 36 may not be amended in any way.
Revisions
1 October 1971
Adoption
Abolition of the monarchy; establishment of the Supreme Head of State, the succession chamber and the pluralist National Assembly.
1982
First revision
Tavisky’s General Court, which has just been established, becomes the supreme court (Title VII).
1984
Second revision
Establishment of the Four Agencies, each with its own regulatory powers.
1997
Third revision
Revised wording of Article 8: freedom of worship is restored to all. The government officially acknowledges the injustice of the 1972 demolitions.
2001
Fourth revision
Status of Overseas States (Article 32).