Constitution of the Iron and Blood Empire (drafted in 1895)

The people of all ethnic groups of China, with full respect for history, and for the purpose of establishing social justice, ensuring internal tranquility, planning the national defense, promoting public welfare, and bringing happiness to Ze and future generations, hereby enact and establish this Constitution for the Empire.

Article 1 The people of the empire

The first paragraph

All the power of the empire comes from the people of the empire. The empire was built by the will of the people.

Section 2

The right of the people of the Reich to be free from unreasonable searches and seizures of their persons, homes, documents and property shall not be infringed upon. No warrant of search or seizure shall be issued except on reasonable grounds, by oath or affidavit, specifying the place of the search and the persons or things seized.

Section 3

The Empire shall not make laws or regulations relating to the establishment of a state religion or the prohibition of freedom of religious practice; restricting freedom of speech or the press; or deprive people of the right to peacefully assemble and petition the Government for grievances.

Section 4

Slavery and forced labour may not exist within the Empire, in any of the Empire's vassal states or in any place under the jurisdiction of the Empire, except as punishment for crimes committed by those convicted according to law.

Section 5

No one shall be arrested or detained for more than 48 hours unless he or she is charged. No penalty shall be imposed for capital offences or other dishonour offences except in accordance with a judicial trial, except in cases committed in the military or in militia groups on active duty in time of war or public danger.

Section 6

The people of the empire shall not be compelled to incriminate themselves in any criminal case; They may not be subjected to any penalty other than restriction of liberty or threatened with any penalty other than restriction of liberty while awaiting trial and trial. No one shall be deprived of life, liberty or property without due process of law. Private property may not be used for public purposes without fair compensation.

Section 7

In all criminal proceedings, the defendant has the following rights:

A public trial shall be held by the provincial or territorial court in the place where the offence was committed, and the period between arrest and trial shall not exceed 30 days;

knowledge of the nature and grounds of the charge;

confront plaintiff witnesses;

obtaining witnesses in their favour through compulsory proceedings;

Get help from a lawyer to defend them.

Section 8

Citizens of the Empire are those who were born or naturalized in the Empire and are subject to its jurisdiction and who have attained the age of 18 years.

No local executive or legislature shall make or enforce any laws or regulations which may limit the privileges or immunities of the citizens of the Empire; No one shall be deprived of his life, liberty or property without due process of law; Nor shall equal legal protection be denied to any person under its jurisdiction.

Section 9

The way in which the people of the empire exercised their supreme power was by referendum.

The referendum was exercised by all citizens of the Reich, and each citizen of the Reich had one vote.

When the emperor dies or abdicates the throne and appoints more than one successor, all citizens of the empire may hold a referendum on the successor, and the result is considered valid by a simple majority. When there is a referendum in which one or more persons obtain an equal number of votes, the votes of the Reich Chancellor shall be counted at two votes. When the Emperor dies or abdicates without a successor, or when the designated heir dies or is not a citizen of the Empire, the Senate of the Empire shall elect two or more citizens of the Empire as the successor to a referendum.

The Reich shall be deemed valid when a referendum is held on the following matters, and the result of the referendum is more than half of the citizens of the Reich; the transfer of imperial territory to a foreign or vassal state; Allow the independence of a part of the empire.

The Referendum may be held on any issue, including the Constitution, if the Reich is proposed by the Emperor, or by a vote of more than 2/3 of the Senate, or if the citizens of the Reich have collected more than 1/5 of the signatures of all the citizens of the Reich.

The right to a referendum, the right to vote and the right to stand for election of citizens of the Reich may not be denied or restricted by the State or locality on grounds of sex, age, race, place of origin, religion, belief, property or level of education.

Section 10

The enumeration of certain rights in this Constitution shall not be construed as negating or ignoring other rights reserved to the people of the Reich.

Article 2 Emperor of the Empire

The first paragraph

(1) The people of the empire supported the emperor of the empire and enjoyed his power.

(2) The emperor is the head of the empire, representing the empire externally and being responsible to the people of the empire internally.

(3) The emperor held office for life. From the time of succession, the emperor had the right to designate any number of citizens of the empire as successors, and had the right to modify the list of successors at any time during his reign.

(4) Before the new Emperor begins to exercise imperial power, he shall take the following oath:

"I solemnly declare that I will live up to the trust of the people of the Empire, faithfully carry out the responsibilities and powers of the Emperor, and do my utmost to implement, protect and defend the Constitution of the Empire."

Section 2

(1) The Emperor was nominally the supreme military commander of the Imperial Army and the militias of the provinces that were transferred to serve in the Empire, and authorized the Imperial Prime Minister to exercise the supreme military command of the Empire. The Emperor has the power to grant reprieves and pardons for crimes against the Empire, except in cases of impeachment.

(2) The Emperor had the right to receive ambassadors and ministers, to appoint and dismiss the Prime Minister of the Empire, and to confer or deprive Imperial citizens of the title of nobility.

(3) The Emperor shall have the power to conclude treaties after consulting and obtaining the consent of the Senate, provided that two-thirds (including two-thirds) of the total number of senators present present express the affirmation.

(4) The Emperor has the power to appoint one senator for each province and to appoint temporary senators to fill such vacancies as may arise during the adjournment of the Senate, provided that these appointments expire at the end of the next election in the Senate.

Section 3

In exceptional circumstances, the Emperor may convene a meeting of both chambers or either chamber. In the event of a disagreement between the two chambers as to the time of recess, the Emperor may adjourn the chambers for such time as he thinks fit.

Section 4

The Emperor is not subject to jurisdiction and cannot be impeached; However, if it is determined by a two-thirds majority of both houses of the National Assembly, unconstitutional and treasonous words and deeds are not considered valid.

Section 5

As of the date of the enactment of this Constitution, the Emperor shall no longer exercise any powers beyond those provided for in Article 2 of this Constitution.

Article III: Imperial Prime Minister

The first paragraph

(1) The Prime Minister exercises the executive power of the Empire.

(2) Prime ministers are appointed and dismissed by the emperor.

(3) No person shall be a citizen of non-native birth or a citizen of the Empire at the time of the adoption of this Constitution, who shall not be Prime Minister; Nor shall he be a person under the age of 35 and who has resided in the territory of the Empire for less than 15 years.

(4) Before commencing his duties, the Prime Minister shall take the following oaths:

"I solemnly declare that I will be loyal to the Empire, earnestly carry out my duties as Prime Minister, and do my utmost to implement, protect and defend the Constitution of the Empire."

Section 2

(1) The Prime Minister shall have the power to appoint the Heads of the Executive Branches, the Governors of the Provinces, and may order the Heads of the Executive Branches to give written opinions on any matter relating to their respective duties.

(2) The Prime Minister shall have the power to appoint ministers of the various branches of the armed forces and the generals of the Empire.

(3) The Prime Minister shall appoint ambassadors, ministers and consuls, judges of the Supreme Court and all other officials of the Reich not otherwise provided for in this Constitution, but shall be prescribed by law unless otherwise provided for in this Constitution. However, the National Assembly may, if it deems it appropriate, delegate the power to appoint such lower-ranking officials to the Prime Minister, the courts or the Ministers.

Section 3

The Prime Minister shall constantly report to the Diet on the state of the Empire and propose to the Diet such measures as he deems necessary and appropriate for its consideration.

Section 4

The Prime Minister shall submit his annual Policy Address to the National Assembly within three days of the convening of the National Assembly. When both houses of the Diet refuse to adopt the State Address, the Prime Minister should revise the content and submit it again. If the State Council fails to pass the Policy Address during the session, the Prime Minister must resign and may not serve as Prime Minister until the current session of the Diet is re-elected. However, this shall not be the case if the Congress adjourns the meeting without a vote on the message.

The Prime Minister and all civil servants of the Reich shall be removed from office if impeached and convicted for treason, bribery or other felony or misdemeanour, and shall not be re-elected as Prime Minister until the current session of the National Assembly is re-elected.

Section 5

In the event of the death, resignation or removal of a Prime Minister, the Emperor may appoint the Prime Minister immediately when the Diet is in recess, provided that his State Address shall be passed by at least one of the two Houses of the Diet when the Diet is resumed. In the event of the death, resignation, or dismissal of a Prime Minister during a session of the National Assembly, the Senators shall nominate three or more candidates and appoint them to the Emperor as temporary Prime Ministers for a term of office until the current session of the National Assembly.

Article IV: Reichstag Parliament

The first paragraph

All legislative powers conferred by this Constitution shall be transferred by the Emperor to the Imperial Parliament, consisting of the Senate and the Chamber of Deputies, from the date of entry into force of this Constitution.

Section 2

(1) The House of Representatives is composed of members of the House of Representatives who are elected every five years throughout the country. The electors of each province must possess the qualifications necessary for the electors of the provincial council of that province.

(2) A person who has not yet attained the age of 25 years, who has been a citizen of the Empire for less than five years, and who was not a resident of a province at the time of his election, shall not serve as a member of the House of Representatives.

(3) The number of deputies shall be distributed in proportion to the citizens of each province. The number of citizens of each province is determined according to the imperial tax account. The actual census of the population was carried out within three years after the first session of the Reichstag and every 10 years thereafter, in the manner prescribed by law. The number of deputies elected for every 100,000 people shall not exceed one, but at least one member of the House of Representatives shall be elected from each province; Pending the above-mentioned demographic statistics, the number of citizens of each province was based on the population data of 1888.

(4) When a vacancin arises in any province, an election order shall be issued in that province to elect members of the House of Representatives to fill the vacancy.

(5) The House of Representatives elects the Speaker and other officers of the House of Representatives, and only the House of Representatives has the power of impeachment.

Section 3

(1) The Imperial Senate consists of two elected by the provincial councils of each province and one senator of that province appointed by the Emperor. The elected senators serve a term of 10 years, and the senators appointed by the emperor serve a term of 5 years; Each senator has one vote.

(2) The elected senators, when they assemble after the first election, shall be divided into two groups of exactly equal numbers by lot. The first group of senatorial seats is vacated at the end of the fifth year and the second group of senatorial seats is vacated at the end of the tenth year, so that half of the senators can be re-elected every five years. If, while the Emperor is not in session, a senator becomes vacant by resignation or for any other reason, the province may appoint a temporary senator until the next meeting of the provincial council to fill the vacancy.

(3) A person who has not attained the age of 30 years, who has been a citizen of the Empire for less than 10 years, and who was not a resident of a province at the time of his election, shall not serve as a senator.

(4) The Reich Chancellor shall be the President of the Senate, but shall have no right to vote unless the Senators vote equally in favour and against.

(5) The Senate shall elect other officers of its own House and shall elect a pro tempore Speaker in the absence of the Prime Minister of the Reich or in the exercise of the powers of the Imperial.

(6) Only the Senate has the power to try impeachment cases. No person shall be convicted of a crime when the trial is held for this purpose without the consent of two-thirds (not including two-thirds) of the senators present.

(7) The judgment of impeachment shall be limited to removal from office and disqualification from holding and enjoying such office as honorable, responsible or remunerated in the Empire. However, those convicted may still be prosecuted, tried, sentenced and punished in accordance with the law.

Section 4

(1) The time, place and manner of the election of senators and deputies shall be prescribed by the provincial assembly in each province. However, Congress may make or change such provisions by law at any time.

(2) The National Assembly shall meet at least once a year, unless the National Assembly prescribes a date otherwise specified by law, and the session shall commence on the first legal working day of the Gregorian calendar and adjourn before the last legal working day of the lunar calendar.

Section 5

(1) The Senate and the House of Representatives shall examine on their own the election of members of their own chambers, reports on the results of the elections, and the qualifications of their members. A majority of the members of each House present shall constitute a quorum, but if there is less than a quorum, the meeting may be postponed from day to day, and the absent Members shall have the right to compel the absent Members to attend the meeting in such manner and in such manner and such penalties as may be prescribed by the House.

(2) The Senate and the House of Representatives may prescribe the rules of procedure of their own chambers, punish members of their own chambers for disorderly conduct, and expel them with the consent of two-thirds of the members.

(3) Both the Senate and the House of Representatives shall keep the proceedings of their respective chambers and publish them at any time, except for those parts which it deems necessary to be kept secret. The pros and cons of any question of the Members of each House shall also be entered in the Standing of the House if one-fifth of the Members present so request.

(4) During the session of the National Assembly, no House of Houses shall be adjourned for more than three days without the consent of the other House, nor shall it be moved to any place other than where the two Houses are in session.

Section 6

[1] Senators and deputies shall be remunerated for their services, which shall be determined by law and paid from the Imperial treasury. Members of both Houses, except for treason, felonies and offences against the peace, shall in all circumstances enjoy the privilege of not being arrested while attending meetings of their respective Houses and on their way to and from their respective Houses. They shall not be questioned anywhere else in connection with speeches or debates made in their respective chambers.

(2) No senator or deputy, during his term of election, shall be appointed to any civil office under the jurisdiction of the Reich which has been created or increased in salary during that period. Whoever serves under the Reich shall not be allowed to serve in any House for the duration of his continued term.

Section 7

(1) All taxation bills shall first be introduced in the House of Representatives, but the Senate may propose amendments or endorse other bills.

(2) Every bill passed by the House of Representatives and the Senate must be sent to the Emperor before it becomes law. If the Emperor approves the motion, he shall sign it immediately; If it is not approved, the bill shall be returned to the House in which it was originally introduced, together with its objections.

The House shall enter the objection in detail in the Proceedings of the House and reconsider. If, after reconsideration, two-thirds of the members of that House agree to pass the motion, the motion is sent to the other House together with the objections, which likewise proceeds for reconsideration and if two-thirds of the members of that House agree, the motion becomes law. In all such cases, however, the votes of both chambers shall be determined by affirmative and negative votes; The names of the Members who voted in favour of and against the motion shall be entered separately in the Hansard of each House. If any bill is not returned by the Emperor within 10 statutory working days after it is sent to the Emperor, it shall become law as if it had been signed by the Emperor, unless it cannot be returned by reason of the adjournment of the Diet, in which case the bill shall not become law.

3. Every order, resolution, or vote (except on the question of adjournment) which requires the consent of both the Senate and the House of Representatives shall be sent to the Emperor. The order, resolution, or vote must be approved by the Emperor before it can take effect; If the Emperor does not approve it, it must be re-approved by a two-thirds majority of the members of the Senate and the House of Representatives, in accordance with the rules and restrictions laid down in the bill.

Section 8

Congress has the power to:

(1) Levy and levy direct, indirect, tariff, and national taxes for the payment of the national debt and for the planning of imperial defence and public welfare, provided that the various taxes, customs duties, and national taxes shall be uniform throughout the country;

(2) borrowing on imperial credit;

(3) To regulate trade with foreign countries, with the provinces, and with the vassal states;

(4) the establishment of a unified imperial calendar and national regulations;

(5) minting money, determining the value of national and foreign currencies, and determining the standards of weights and measures;

(6) Establishing penalties for counterfeiting imperial securities and currency;

(7) To guarantee the exclusive rights of authors and inventors to their respective works and inventions for a certain period of time, in order to promote the progress of science and the applied arts;

(8) the establishment of courts at all levels below the Supreme Court;

(9) Defining and punishing criminal acts contrary to international law;

(10) Declaring war and enacting regulations on capture;

(11) to recruit troops and provide military quartermasters, provided that the appropriation for such purposes shall not exceed five years;

(12) To formulate regulations for the administration and management of the armed forces;

(xiii) providing for the conscription of militias to enforce the laws of the Empire, suppress rebellions, and repel invasions;

(xiv) to provide for the organization, equipment, and discipline of the militias, and for the administration of those militias which are to be used in the service of the Reich, but the power to appoint officers of the militia and to train them in accordance with the discipline prescribed by the Congress shall be exercised by the Reich Government;

(xv) to exercise exclusive legislative power in all matters in respect of the areas which have become the seat of imperial government with the approval of the National Assembly and the consent of the relevant provincial councils; The same power is exercised in respect of all places in the province which are used by the Empire for the construction of fortresses, ammunition depots, arsenals, docks, and other necessary buildings in the province with the consent of the provincial councils;

(xvi) To enact such laws as may be necessary and appropriate for the implementation of the aforesaid powers and all other powers conferred on the Imperial Government or by this Constitution, or by any of its departments or officials.

Section 9

(1) Congress shall not suspend the privilege of the writ of habeas corpus unless the privilege is required by public security in the event of civil or external disturbance.

(2) Congress may not pass a bill of denial of civil rights or retroactive laws.

(3) No tax or duty shall be levied on goods exported from any province.

(4) No commercial or tax regulations may give preferential treatment to one place over another.

(5) No money shall be withdrawn from the State Treasury except as provided for in accordance with the provisions of the law. Periodic reports and accounts of all receipts and expenditures of public funds shall be published on a regular basis.

(6) No one who holds any office of remuneration or responsibility under the Empire shall receive any gift, remuneration, official office, or title of any kind from a foreign country without the consent of the Parliament.

Article 5 Imperial Court

The first paragraph

The judicial power of the Empire shall be vested by the Emperor from the date of entry into force of this Constitution to such subordinate courts as may be prescribed and established by the Supreme Court and the National Assembly from time to time. Judges of the Supreme Court and lower courts may continue to hold office if they are in good conduct and shall be remunerated for their services for a specified period of time, which shall not be reduced for the duration of their continued service.

Section 2

(1) The application of judicial power shall include: all cases relating to the common law and the law of equity arising out of this Constitution, the laws of the Empire, and treaties concluded or to be concluded under the powers of the Empire; all cases involving ambassadors, ministers and consuls; All cases relating to maritime law and maritime jurisdiction; Proceedings to which the Imperial Government or the Imperial people are a party.

(2) The Supreme Court shall have jurisdiction of first instance in all cases involving ambassadors, ministers and consuls, to which the Imperial Government is a party. In all other cases, both legal and factual above, the Supreme Court shall have appellate jurisdiction, subject to the exceptions and regulations laid down by Congress.

(3) All crimes except impeachment cases are tried by the courts; Such trials shall be held in the province where the offence was committed; If, however, the offence is not committed in any province, the trial shall be held in one or more places prescribed by law in Congress.

Section 3

[1] Treason against the Empire is limited to fighting against the Empire, or attaching itself to its enemies and giving them help and support. No person shall be convicted of treason except on the basis of the testimony of two witnesses to the same apparent act or his own confession in the open law*.

(2) The National Assembly shall have the power to pronounce punishment for treason, but shall not deprive a person of his citizenship for treason, nor shall he confiscate his property unless he is still alive.

Article 6 Imperial provinces

The first paragraph

The provincial government offices are agencies of the Imperial Government and are responsible to the Imperial Government.

The National Assembly is the representative body of the provincial assemblies, which have the power to elect and remove their members.

The Provincial Courts are the organs of the Supreme Court, and the Imperial Courts are the appellate courts of the Provincial Courts.

Section 2

(1) New provinces may be admitted to the Empire by Parliament; No new province shall be constituted or created within the jurisdiction of any other province without the consent of the relevant provincial council and Congress; Nor may two or more provinces be merged or parts of several provinces may be merged to form a new province.

(2) The National Assembly shall have the power to dispose of and make all necessary rules and regulations in respect of the territories or other property which have joined the Empire.

Section 3

(1) The empire guaranteed the provinces from invasion; and at the request of the Provincial Council or the Provincial Administrator (when the Provincial Council cannot be convened) to quell civil disturbances.

(2) In peacetime, soldiers are not allowed to be stationed in the houses of the provinces without the consent of the landlords; This is not permitted in wartime, except in the manner prescribed by law.

Section 4

(1) No province shall: conclude any treaty, declare independence, join any league or confederation; minting and issuing currency; pass any civil disenfranchisement acts, retroactive laws, or laws that impair contractual obligations; or to confer any title of nobility.

(2) No province may, without the consent of the National Assembly, impose any import duty or duty on the import or export of goods, except as is absolutely necessary for the enforcement of the inspection laws of this province. The net proceeds of all duties and import duties levied by any province on imports and exports shall be used for the purposes of the imperial treasury; All such laws may be amended and supervised by Congress.

(3) No province shall, without the consent of the National Assembly, maintain an army in time of peace, and enter into agreements or covenants with other provinces or with foreign nations, nor shall it engage in war except in the event of actual invasion or imminent danger which cannot be delayed.

Article 7 Imperial vassals

The first paragraph

The status of an imperial vassal state is determined by express treaty according to the empire. Any provision of the vassal treaty which is valid shall be null and void.

Section 2

The laws of the vassal states may not contradict Article 1 of the Imperial Constitution.

Section 3

Before taking office, the head of state of a vassal state shall obtain a written certificate of permission to take office from the emperor.

Section 4

Vassals imposed the same tariffs on other countries and empires. No customs duties may be levied between the empire and the vassal states, nor between the vassal states.

Section 5

Neither the empire nor the vassal state shall prohibit the movement of people or the entry or exit of the vassal states between the empire and the vassal states, but a tax or duty not exceeding 100 yuan per person shall be levied on such entry or exit.

Persons who have resided in the Empire for at least five years, those who have resided in the Empire for five years, and those who have moved between vassal states for five years or more shall be deemed to be people born in the Empire and who have never left the Empire, except in cases where they are in conflict with Articles 1 to 5 of the Constitution of the Empire.

Section 6

The empire guaranteed vassal states against invasion; and at the request of the head of state to quell the civil strife.

In peacetime, Imperial soldiers were not allowed to be stationed in the houses of the vassal without the consent of the landlords; This is not permitted in wartime, except in the manner prescribed by law.

Section 7

(1) No vassal state may conclude any military treaty or tariff concession agreement with a country outside the empire (including other vassal states), declare renunciation from vassalage, and declare union with other states or confederations; minting and issuing imperial currency; Pass any civil rights deprivation bill, retroactive law, or law that impairs contractual obligations.

(2) No vassal state shall levy any import tax or duty on the import or export of goods without the consent of the Imperial Parliament, except as is absolutely necessary for the enforcement of its own inspection laws.

(3) No vassal state shall increase the number of its armies in time of peace, without the consent of the National Assembly, nor shall it engage in war except in the event of actual invasion or imminent danger which cannot be delayed.

Article 8 Amendments and Interpretations

The first paragraph

Amendments to this Constitution shall be introduced by two-thirds of the members of each House of the National Assembly if they deem it necessary; In addition, if two-thirds of the provincial assemblies of the provinces so request, a constituent assembly shall also be convened to propose amendments. Amendments in either manner shall become effective as a form of this Constitution when they are approved by three-fourths of the provincial assemblies or three-quarters of the provincial constituent assemblies, signed by the Emperor and countersigned by the Prime Minister; It is up to the National Assembly to decide which of these two ratifications to adopt. However, amendments shall not affect Article 1 of this Constitution in any way.

Section 2

No province shall be deprived of its right to vote equally in the Senate without its consent.

Section 3

All debts and obligations incurred prior to the formal adoption of this Constitution shall remain in force with respect to the Empire in which this Constitution is applied.

Section 4

This Constitution and the laws of the Empire made thereunder, and all treaties which have been or will be concluded by the power of the Empire, shall be the supreme law of the nation.

Section 5

The Emperor, the Senators and Deputies of the Empire, the members of the provincial assemblies, the Chancellor of the Reich, all executive and judicial officials of the Reich and the provinces, and the authorities of the vassal states, shall take an oath of uptake of this Constitution.

Section 6

The supreme power of interpretation of this Constitution is in the Imperial Senate.