Constitution of the Roman Republic
1852
(Drawn from the Constitution of the
Roman Republic of 1849)
PROCERES FUNDAMENTALIS
ARTICLE I - The sovereignty of the Roman people is their eternal right. The people of the Roman State comprise the Democratic Republic created by this Constitution.
ARTICLE II - This Democratic Regime exists solely to uphold equality, liberty, and fraternity among the people. It does not recognize titles of nobility, or privileges of birth or caste.
ARTICLE III - The laws and institutions of this Republic shall exist solely to promote the improvement of the moral and material conditions of all citizens.
ARTICLE IV - The Republic regards all individual people as equal, respects all nationalities, persecutes no idea.
ARTICLE V - The States of the Roman Republic are each entitled to equal authority under the law. Their independent sovereignty is not limited by laws of utility.
ARTICLE VI - The most equitable possible distribution of local interests, in harmony with the political interest of the state, is the norm of the territorial division of the voting Republic.
ARTICLE VII - The right to exercise natural, civil and political rights is not determined by religious belief or political opinion,
ARTICLE VIII - The head of the Catholic Church will have all the guarantees required by the Republic for the independent exercise of spiritual power.
ARTICLE IX - No citizen shall be censured of speech, movement or personal privacy except as warranted by Court in the course of investigation.
ARTICLE X - All powers of government not specifically delegated in this Constitution shall be maintained by the Roman States.
TITLE I
CIVIUM IURA ET OFFICIA
ARTICLE I - They are citizens of the Republic:
- Those born within the Republic;
- Those whose citizenship is the result of extant legislation;
- Natives of Italy residing within for six months;
- Foreigners with a residence of ten years;
- Those naturalized by decree of executive power.
ARTICLE II - Citizenship shall be lost:
- By naturalization or residence in a foreign country with the intention of not returning;
- In the abandonment of the country in case of war, or when it is declared imperiled;
- By the acceptance of titles or degrees conferred by foreign agencies;
- Acceptance of degrees or offices of foreign military service without permission of the Government of the Republic (such authorization is forever assumed when fighting for the freedom of a people)
- By fighting against the Republic in armed warfare or providing material assistance to the enemies of the Republic.
- By signing a renouncement of Roman citizenship in writing.
ARTICLE III - Apart from those legislated taxes, the people and their property are inviolable and may not be seized forcibly by the state, except when temporarily required as presented evidence of a crime.
ARTICLE IV - No one may be arrested except in
flagrante delicto, or by the mandate of judges, nor be deprived of the natural right of habeus corpus. No court or commission may establish exceptions under any title or name. No one shall be imprisoned for debt.
ARTICLE V - The sentences of death and confiscation of the property of prisoners are outlawed.
ARTICLE VI - The private dwelling is sacred and not allowed to be intruded upon except in the cases and manner provided by law.
ARTICLE VII - Thinking shall ever be free, the law shall punish abuse without any censorship.
ARTICLE VIII - Education shall be free to citizens. The requirements of integrity and ability, for those who wish to profess, are determined by law.
ARTICLE IX - The secrecies of the private correspondences of citizens are inviolable.
ARTICLE X - The right to petition shall be freely exercised individually or collectively.
ARTICLE XI - Unarmed and non-profit association with crime and those accused of such is unpunishable.
ARTICLE XII - All citizens belong to the National Guard in the manner and with the exceptions stipulated by law.
ARTICLE XIII - No one may be forced to give up their ownership of things, excepting the public, subject to fair compensation.
ARTICLE XIV - The law determines the expense of the Republic and how to distribute funding. No charge or credit may be imposed except by law, not proceeding for longer time than that fixed by law.
ARTICLE XV - No person may be charged with a crime without presented evidence of the crime before a judge of court, nor shall they be convicted of said crime without the judgment of a jury of citizens.
TITLE II
VIRIBUS POLITICUS
ARTICLE XVI - All power comes from the people. It is exercised by the Assembly, by the Consulate, by the Judiciary.
TITLE III
COETUS POPULARIS
ARTICLE XVII - The Assembly is comprised of representatives of the people.
ARTICLE XVIII - Every citizen enjoys civil and political rights, those 21 years old may vote, those older than 25 are eligible to hold position.
ARTICLE XIX - A public official appointed by the consuls or ministers may not be a representative of the people.
ARTICLE XX - The number of representatives is determined in proportion of one for every twenty thousand residents.
ARTICLE XXI - The general elections gather every three years, April 21. The people will elect their representatives by universal suffrage, direct and public.
ARTICLE XXII - The Assembly shall meet on May 15 after the election, commencing every 3 years.
ARTICLE XXIII - The Assembly shall meet in Rome, where not otherwise determined, and is entitled to whatever armed protection believed necessary.
ARTICLE XXIV - The Assembly is indissoluble and permanent, and may be convened between intervals on the invitation of the President of Assembly with emergency secretaries, thirty Assembly members, or the Consulate.
ARTICLE XXV - The Assembly convention is not legal unless it exceeds one half plus one of all representatives. The requisite number of these authorizes any measure to bring forth the absent.
ARTICLE XXVI - The meetings shall be public. They can be discussed in secret committee.
ARTICLE XXVII - The representatives of the people are inviolable for their opinions issued in the Assembly, such being forbidden any inquisition.
ARTICLE XXVIII - Any arrest or inquisition against a representative is prohibited, without the permission of the Assembly, except in cases of
flagrante delicto. If arrested in the act of crime, the Assembly, which will be immediately informed, determines the continuation or termination of the process. This provision applies if the prisoner is a citizen appointed representative.
ARTICLE XXIX - The representatives of the people shall receive compensation which can not be revoked.
ARTICLE XXX - The legislative authority deciding for peace, war, and treaties belongs to the senate.
ARTICLE XXXI - The proposal of law belongs to the Senate.
ARTICLE XXXII - No proposal has the force of law, except when passed by two majority votes taken by the interval of no less than eight days, except when shortened in an emergency Assembly.
ARTICLE XXXIII - The laws adopted by the Assembly shall be, without delay, promulgated by the Consulate in the name of God and the People. If the Consulate lingers, the promulgation is that of the President.
TITLE IV
CONSULATUM ET MINISTERIUM
ARTICLE XXXIV - There are three Consuls. The candidates are appointed by a majority of two thirds of the votes. They must be citizens of the Republic, and the age of 30 years of age.
ARTICLE XXXV - The office of the Consul lasts three years. Every year one of the consuls shall leave office. The first two times decides the fate of the top three elected officials. No Consul can be re-elected except after three years since he left the office.
ARTICLE XXXVI - There are seven ministers appointed by the Consulate; Internal Affairs, Foreign Affairs, War and Navy Finance, Enforcement and Justice, Agriculture, Industrial Commerce and Public Works, and Public Education, Arts and Charity.
ARTICLE XXXVII - Committed to the Consuls is the execution of law and international relations. Each Consul shall bear the chief command of a section of the military as determined by law.
ARTICLE XXXVIII - To the Consuls is the appointment and dismissal of those jobs that the law does not grant authority to another, but each appointment or revocation must be made in the Council of Ministers.
ARTICLE XXXIX - The acts of the Consuls, until they are marked by the Minister of Enforcement, remain without effect. Only the signing of Consuls is needed for the appointment and dismissal of Ministers.
ARTICLE XL - Each year, to the Assembly and all, the Consuls shall expose the state of the Republic's affairs.
ARTICLE XLI - The Ministers have the right to speak to the Assembly on the affairs that concern them.
ARTICLE XLII - The Consuls reside in the area where the Assembly convenes, and may leave the territory of the Republic without a resolution of the Assembly, under penalty of forfeiture.
ARTICLE XLIII - Consuls are housed at the expense of the Republic, and each receives an appointment of thirty-six hundred Roman Lira per year.
ARTICLE XLIV - The Consuls and the Ministers are responsible for one another.
ARTICLE XLV - The Consuls and the Ministers may be placed in a state indictment on a proposal by ten representatives. The application must be discussed as a law.
ARTICLE XLVI - Admitted to prosecution, a Consul is suspended from duty and, if acquitted, returns to the performance of his functions; if convicted, the Assembly passes a new election.
TITLE V
SENATUS
ARTICLE XLVII - There is a Senate consisting of five members appointed by the Legislative Council of each Roman State.
ARTICLE XLVIII - The Senate must be consulted by the Consuls and Ministers on the proposal of laws, regulations and executive orders, and may hold political relations.
ARTICLE XLIX - The Senate shall enact such regulations by which the Assembly has given special delegation. The other functions are determined by particular law.
TITLE VI
IUDICIARIUS
ARTICLE L - Judges in the exercise of their functions do not depend on any other power of the state.
ARTICLE LI - Judges are appointed by the Council of Ministers and Consuls, and may not be promoted, removed from office or translocated, or suspended, demoted or dismissed only after proper procedure and sentence and with their consent.
ARTICLE LII - For occasions of civil strife there is to be a judiciary of peace.
ARTICLE LIII - Justice is administered in the name of the people, publicly, but the court, out of morality, may order that discussion is done behind closed doors.
ARTICLE LIV - Administration of criminal cases belongs to the people; the proceedings of law, to the courts applying the law. The establishment of the judges of facts is determined by the pertinent law.
ARTICLE LV - The Supreme Court of the Republic, above which there can be no appeal, shall be the Sacred College of Cardinals of the Roman Catholic Church, assembled and directed according to the doctrine and practice of the Roman See.
TITLE VII
EXERCITAS POPULI
ARTICLE LVI - The amount of salaried land and sea forces is determined by a law, and only by law can be increased or decreased.
ARTICLE LVII - The army is formed by voluntary enlistment, and in the manner determined by law.
ARTICLE LVIII - No foreign troops can be hired, or introduced into the territory of the Republic, without a decree of the Assembly.
ARTICLE LIX - The General Assembly shall be formed on the proposal of the Consulate.
ARTICLE LX - The distribution of bodies and the strength of the line are determined by internal garrisons, and may not be delayed nor moved, even momentarily, without their consent.
ARTICLE LXI - Each position of authority in the National Guard is conferred by election.
ARTICLE LXII - The National Guard is entrusted mainly to maintain internal order and the Constitution of the Republic.
TITLE VIII
CONSTITUTIO EMENDATIO
ARTICLE LXIII - Any reform of the constitution can only be demanded of the legislature once a year by third party representatives.
ARTICLE LXIV - The Assembly shall deliberate on the question twice within two months. With a majority of two thirds, meetings are convened in order to elect the general representatives for the Constituent Assembly, at a rate of one for every fifteen thousand inhabitants.
ARTICLE LXV - The Legislative Assembly review remains throughout the time in which the matter sits, not to exceed three months.
TITLE IX
PRAESCRIPTUM INTERVALLUM
ARTICLE LXVI - The current operations of the Constituent Assembly will be mainly directed to the formation of the electoral law and other organic laws necessary for the implementation of the Constitution.
ARTICLE LXVII - With the opening of the Legislative Assembly ceases the mandate of the Constituent Assembly.
ARTICLE LXVIII - The existing laws and regulations are in force as long as they do not oppose the Constitution, and until they are repealed.
ARTICLE LXIX - All current employees require confirmation.
Proposed Amendments:
- Judges of a Supreme Court of Justice, above which there shall be no place for appeal, are placed by unanimous approval by the Consuls and the Ministers. The Supreme Court consists of the president, four judges of the Supreme older, and that the judges chosen by lot from lists annual, three from each province. The Assembly shall appoint a judge who must act as prosecutor at the Supreme Court. A two-thirds majority of judicial votes is necessary for condemnation of the accused.
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