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Promulgated by His Majesty The Emperor on the Seventeenth Day of August in the First Year of Seongchi.
WE, THE REMNANT PEOPLE OF THE CELESTIAL
REALM, Having solemnly affirmed our unyielding reverence for the Lord on High,
in whom all sovereignty resides, and having recognised that the Mandate of
Heaven, first bestowed upon the Fuxi Emperor and most recently held by the
Yongli Emperor, has been entrusted to the Throne of Sublime Illumination to
exercise suzerain authority in His name over All under Heaven,
HAVING REGARD to the ancient and enduring principle
that what Heaven sees is derived from what the people see, and what Heaven
hears proceeds from what the people say,
RECOGNISING that, throughout the ages, the civilised
have maintained peace and order over the uncivilised, who render service from
beyond the frontiers, and that it is contrary to the natural order and
intolerable that the uncivilised should dominate All under Heaven,
MINDFUL of the fact that the secularism and atheism of
the twentieth century have produced widespread conflict, suffering, and moral
decay, eroding wisdom, virtue, heritage, and truth, substituting hedonism for
moral order, fracturing families, encouraging rebellion and disorder, fostering
arrogance against the Heavenly Principle, and abandoning sacred rites that
humble mankind and dispel illusions of self-sufficiency, thereby entrapping
humanity in envy and hatred, for morality severed from divine foundation is as
a tree without soil, and civilisation itself stands upon the edge of ruin,
DETERMINED to restore, in accordance with the
imperatives of necessity here assembled in Constituent Assembly, the governance
of All under Heaven to the principles of Confucianism, founded upon the sagely
doctrines of music, etiquette, artefacts, legal codes, and institutional
systems transmitted from the time of Ju through the Sublime Ming to the Daehan,
wherein sagely learning penetrates the heart-mind in accordance with the
Doctrine of the Mean and the teachings of humaneness, discernment, and
sincerity handed down by the Sage Sovereigns Yao and Shun and by the Sage
Grandmasters Confucius and Mencius,
HEREBY PROCLAIM the establishment of the renewed
commonwealth under the name 'Myeong Commonwealth,' drawn from the injunction of
the Great Learning to illuminate luminous virtue as the realisation of
conscience and the unity of knowledge and action, rising from the ruins as a
universal spiritual community charged with the mission of educating and
civilising All under Heaven through sagely teaching, upholding the Kingly Way
by means of minimal governance, the preservation of culture, and resistance to
totalitarianism through propriety and justice, whereby proper nurture secures
sustenance, safety, and virtue, rendering punitive measures unnecessary,
RESOLVED to foster an indissoluble bond of union,
declare that every political community which accepts the suzerainty of the Throne
of Sublime Illumination shall partake without limit in the blessings and noble
fruits of the Kingly Way of Humaneness and Righteousness,
INSPIRED by the indomitable spirit of unity that has
ever animated our forebears, proclaim that, in pursuit of an ever closer and
ever more perfect union among the peoples thus joined in common purpose, the
said communities shall combine their strength in a confederal government, to
rule in the name of the Suzerain and for the common good, through shared
morals, security, foreign policy, and market, whilst preserving the harmonious
diversity of each realm,
HEREBY CONFIRM the incorporation into the Constitution
of the Myeong Commonwealth of the essence of the Canon of Yo, the Canon of Sun, the Counsels of Yu the Great, the Counsels of Goyo, Grand Plan of Gija, and the Six Articles
of the Hongwu Emperor, which Constitution invokes Heavenly Principle to
restrain illicit desires, establishes an impartial constitutional
monarchy as a bulwark against populism, promotes merit, integrates sagely
doctrine within democratic institutions, enforces law against corruption,
balances powers to prevent tyranny, and embeds human rights within Confucian
institutions as an exemplar for posterity,
AFFIRM that the people, in adopting this Constitution,
undertake to foster filial piety, respect, education, harmony, mutual aid,
virtue, loyalty, unity, and responsible citizenship, thereby re-establishing a
civilisation founded upon humaneness and generosity,
RESOLVED to stand firm against every tempest of
discord, undertake to defend this sacred covenant with the valour of our
ancestors, to the end that the Myeong Commonwealth may endure as a beacon of
righteousness and prosperity for all generations yet unborn,
HAVING RESOLVED that, under the guidance and authority
of this venerable Constitution, the people of the Myeong Commonwealth, united
in one indomitable heart-mind, shall shine forth as an unquenchable light to
illuminate the path towards the Grand Harmony of all humanity, wherein the
Grand Way prevails and the world is transformed into one shared commonwealth
for all;
DETERMINED to select and elevate to office the
virtuous and the capable, whilst ensuring that the people remain trustworthy,
harmonious and of one accord;
COMMITTED to honouring the parents and children of
others as one’s own, to providing care for the aged, employment for those in
their prime, nurture for the young, and compassionate support for the widowed,
the orphaned, the lonely, the handicapped and the sick;
RESOLVED to assign to men and women their fitting and
complementary roles within society and the family;
MINDFUL of the ancient injunction to abhor idle wealth
yet refrain from hoarding it for selfish ends, and to despise indolence whilst
labouring not solely for private gain;
CONVINCED that, by these means selfish schemes shall
be quelled, robbers and thieves banished from the land, and the need for locked
gates rendered obsolete in an age of unbreakable mutual trust,
HEREBY SOLEMNLY PLEDGE themselves to the attainment of
these high ends for the enduring good of the
Myeong Commonwealth and of All under Heaven.
Article I. The Myeong Commonwealth shall be a
perpetual confederation founded upon constitutionalism, democratic meritocracy,
parliamentary government, and the enduring doctrines of Confucianism, united
under a constitutional monarch who serves as the symbol of unity among its confederal
constituents and the whole body of its people.
(1)
Confucianism
shall be the guiding soul of the Commonwealth. Nevertheless, no individual
shall suffer discrimination or persecution solely by reason of adherence to any
religion other than Confucianism, provided such religion be lawful and its
exercise disturb not the common good.
(2) The Commonwealth Assembly, His Majesty’s Government, the Supreme Court of Justice, the Commonwealth Superintendency, and the Commonwealth Inspectorate shall exercise confederal powers for the common good of All under Heaven, in the name of the Emperor who, enthroned upon the Throne of Sublime Illumination, bears the Mandate of Heaven.
(3)
The people constitute
the foundation of the Commonwealth, and the Commonwealth exists for the benefit
of the people. All public authority shall be exercised in pursuit of the common
good, guided by the conscience and reason bestowed upon mankind by Heaven.
(4)
The Commonwealth shall
secure the fourfold common good of the confederation, namely common security,
common foreign policy, common market, and common public morals.
(a)
Common security shall
consist of the collective defence of all confederal constituents under unified
command, the sharing of intelligence, and the maintenance of coordinated
standards for the protection of borders and the response to emergencies. An
armed attack against one constituent entity shall be deemed an attack against
all. Each entity shall contribute manpower to the Armed Forces of the
Commonwealth according to its population and economic capacity.
(b)
Common foreign policy
shall vest exclusively in His Majesty’s Government of the Commonwealth. Only
they may conduct diplomatic relations, conclude treaties, establish embassies,
and represent the Commonwealth before the world community. No constituent entity
may conclude any agreement with a foreign power that conflicts with the foreign
policy of the Commonwealth.
(c)
Common market shall
consist of a single economic area through a customs union, the abolition of
internal tariffs, quotas and barriers to trade, the harmonisation of commercial
laws, standards and currency, the free movement of goods, services, capital and
labour, and the creation of a central economic council to resolve disputes and
promote equitable development among the confederal constituents.
(d) Common public morals shall consist of objective moral principles that
require every person to respect the dignity, liberty and property of others; to
preserve life, marriage and the natural family; to practise humaneness,
righteousness, propriety, wisdom, and trustworthiness; to honour filial piety
and fraternal duty; to cultivate sincerity of heart and unity of conscience and
conduct; to render aid to those in need; and in all things to act with
propriety, wisdom and reverence for Heaven, thereby fostering harmony within the
individual, the family, the state and All under Heaven.
(5)
The
Commonwealth shall comprise Provinces, Protectorates and Associated States. His
Majesty’s Government shall propose admission of new confederal constituents and secession
of existing ones and shall require the approval of a two-thirds majority of the
total membership of both Houses of the Commonwealth Assembly sitting together.
The status and characteristics of Provinces, Protectorates and Associated
States shall be as prescribed by law. No
confederal constituent may enter into another federation or confederation.
(a) Each Province shall
possess a parliamentary government under a constitution modelled upon this
Constitution, shall exercise full executive, legislative, judicial, superintendent,
and inspectorial authority within its territory, shall remit equitable taxes to
His Majesty’s Government, and may collect revenue not forbidden by this
Constitution. The Governor of a Province, as representative of the Emperor in
right of the Province, shall exercise executive authority therein in accordance
with the advice of the Premier. No provincial law shall have effect to the
extent that it is inconsistent with a confederal law of the Commonwealth, such
inconsistency to be authoritatively determined by the confederal courts with
the Supreme Court of Justice at their summit.
(b) The Emperor of the Myeong
Commonwealth shall be Suzerain of each Protectorate. He shall be represented
therein by a Viceroy chosen in accordance with the laws and customs of that
Protectorate. Each Protectorate shall possess a parliamentary government under
a constitution modelled upon this Constitution headed by a symbolic local monarch, shall exercise full executive,
legislative, judicial, superintendent, and inspectorial authority within its
territory, shall remit equitable taxes to His Majesty’s Government, and may
collect revenue not forbidden by this Constitution. The Commonwealth shall
retain exclusive competence over common security, common foreign policy, the
common market, and common public morals insofar as they affect the
Protectorate. Protectorate laws shall continue in force except where they
conflict with confederal law or binding confederal judicial precedent; in such
cases the competent confederal court shall, upon petition from the competent
Protectorate court, issue a binding ruling resolving the conflict. Persistent
refusal by Protectorate authorities to exercise their powers in conformity with
this Constitution and confederal law shall justify temporary direct
administration by His Majesty’s Government.
(c) The Emperor of the Myeong
Commonwealth shall be Suzerain of each Associated State and shall be
represented therein by an Emperor’s Representative selected according to the
laws and customs of that State. Each Associated State shall remain a sovereign
and independent entity governed by its monarchical or republican head of state,
its legal tradition, its official religion and its official languages, and
shall exercise full executive, legislative and independent judicial authority,
including the competence of final adjudication, over all matters save those
concerning the common security, common foreign policy, the common market, common
public morals of the Commonwealth, the powers and privileges of Commonwealth
authorities, or the rights and freedoms guaranteed by this Constitution.
Associated States may freely conclude agreements with foreign powers upon any
subject not reserved to the Commonwealth. No taxes shall be levied upon
Associated States by the Commonwealth. An Associated State may, by written
notice delivered to His Majesty’s Government within thirty days following the
promulgation of any Act of the Assembly or amendment thereto, reject such Act
or amendment in whole or in part or enter a reservation thereto, and any
provision so rejected or reserved shall be of no effect within that Associated
State; the reasons for such rejection or reservation shall be furnished within
the same period.
(d) Jiklye Gyeongcheonbu
Confederal District, with its seat at Gyeongsa, shall be directly subject to
the authority of His Majesty’s Government.
(6) Public offices shall be
filled only by persons of proven integrity and ability, selected impartially on
merit. The conferral and continuance of Membership of the Commonwealth Assembly
within the House of Commons shall depend solely upon the periodic and free vote
of the people, exercised by universal and equal suffrage in judgement of the
holder’s conduct and performance. The political authority of the Commonwealth
Assembly and the His Majesty’s Government derives from merit and consent alike,
and other confederal authorities remain perpetually responsible to the nation.
(7) The Commonwealth shall constantly promote
self-government at every level. In accordance with the principle of
subsidiarity, in all matters not falling within its exclusive competence, the
Commonwealth shall act only if and in so far as the objectives of the proposed
action cannot be sufficiently achieved by the constituent Provinces,
Protectorates or Associated States and can, by reason of the scale or effects
of the proposed action, be better achieved at Commonwealth level.
(8)
The
Commonwealth, while bearing the character of the Celestial Realm and exercising
universal spiritual jurisdiction over all who are under its authority, shall
ever respect the territorial integrity and political independence of every
State member of the United Nations.
(9)
The
family, founded upon the permanent union of husband and wife, constitutes the
natural and fundamental unit of society and the primary foundation of its moral
order. Marriage shall be based solely upon the mutual consent of both sexes and
shall be maintained through mutual cooperation with the equal rights of husband
and wife as its basis. The right to marry, to procreate, and to enjoy family
life shall be inviolable; all forms of compulsory sterilisation or castration
are prohibited. With regard to choice of spouse, property rights, inheritance,
choice of domicile, divorce and other matters pertaining to marriage and the
family, laws shall be enacted from the standpoint of individual dignity and the
essential equality of the sexes. The Commonwealth shall promote the welfare and
development of families, encourage mutual assistance among them, and refrain
from unnecessary interference in their affairs. Reverence for ancestors, filial
piety towards parents, and harmony between generations shall be upheld as
cardinal virtues guiding both private conduct and public governance.
ARTICLE II. All human beings are
endowed with the innate capacity to attain sagehood. Neither unborn status, nor
elderliness, nor illness, nor disability shall diminish the dignity of the
human person, whether man or woman.
(1)
Any person
aged eighteen years or above who identifies with this Constitution may be
acknowledged by His Majesty’s Government as a spiritual citizen, irrespective
of his background. A spiritual citizen shall enjoy all rights and freedoms set
forth in this Chapter save the right to vote and to hold public office. A
spiritual citizen may, through an assessment process prescribed by His
Majesty’s Government, attain full citizenship.
(2) Every citizen shall be equal before the law. From the Suzerain to every
citizen, the equal cultivation of individual character constitutes the
foundation of moral attainment.
(3)
The root of
All under Heaven lies in the Commonwealth, and the root of the Commonwealth
lies in the family. There can be no security for the Commonwealth unless there is
security of the person. Every citizen shall be entitled to personal security.
(4)
Every citizen
shall be entitled to the right to pursue happiness, including the Five
Blessings: longevity, material sufficiency, physical and mental health, a
virtuous life, and a peaceful death.
(5)
Conscience is
the knowledge of good and evil. Every citizen shall be entitled freely to
exercise his conscience.
(6)
Freedoms of
Expression and Assembly
Persons of exemplary character seek harmony in diversity. The rights of
citizens to freedom of speech, of the press, of publication, of association, of
assembly, of procession, and of demonstration shall be safeguarded. Every
person shall abide by the constitutional Doctrine of the Mean and shall avoid
all excessiveness and extremism in speech and action.
(7)
Citizens of
confederal subjects shall be citizens of the Commonwealth and shall enjoy the
rights and freedoms commonly recognised by international human rights law as
enshrined in the Universal Declaration of Human Rights, the International
Covenant of Civil and Political Rights, the International Covenant on Economic,
Social and Cultural Rights, the International Convention on the Elimination of
All Forms of Racial Discrimination, the Convention on the Elimination of All
Forms of Discrimination Against Women, the Convention on the Rights of the
Child, the International Convention on the Protection of the Rights of All
Migrant Workers and Members of Their Families, the International Convention for
the Protection of All Persons from Enforced Disappearance, and the Convention
on the Rights of Persons with Disabilities, save insofar as any provision
thereof is incompatible with this Constitution.
(8)
The
Commonwealth shall adhere rigorously to the fundamental norms of jus cogens
which prohibit torture, slavery, aggressive war and genocide.
(9)
No one shall
be convicted or punished for an act that was not an offence under the law at
the time of its commission, nor for an offence he has not personally committed.
Every accused person shall be presumed innocent until proved guilty by an
ordinary court of law. The right of an accused person to defend himself with
legal representation in open and fair proceedings shall be safeguarded. No one
shall be liable to be tried or punished again for an offence for which he has
already been finally convicted or acquitted in accordance with law.
(10)
Kingly
governance consists in dedicating a parental heart to the populace, relieving
citizens from hardship and increasing their wealth so as to enhance their
livelihood and conserve their natural goodness.
(11)
The right to
private property shall be guaranteed to citizens and to legal entities
established by citizens. Where private property is lawfully taken for public
use, the owner shall receive prompt compensation equivalent to its value at the
time of taking.
(12)
For citizens,
everything that is not prohibited by this Constitution and the law shall be
permitted. For public authorities, everything that is not authorised by this
Constitution and the law shall be prohibited.
(13)
Commonwealth
authorities and the public authorities of confederal subjects shall be deemed
to have acted unconstitutionally if they wrongfully restrict the rights and
freedoms of citizens guaranteed by this Constitution.
(14) The rights and freedoms of citizens shall not be
restricted save by means authorised by the international treaties enumerated in
the Universal Declaration of Human Rights, the International Covenant of Civil
and Political Rights, the International Covenant on Economic, Social and
Cultural Rights, the International Convention on the Elimination of All Forms
of Racial Discrimination, the Convention on the Elimination of all Forms of
Discrimination Against Women, the Convention on the Rights of the Child, the
International Convention on the Protection of the Rights of All Migrant Workers
and Members of Their Families, the International Convention for the Protection
of All Persons from Enforced Disappearance, and the Convention on the Rights of
Persons with Disabilities, except for those that are incompatible with this
Constitution. Emergency measures shall not be lawful unless they are temporary,
proportionate, necessary, regularly authorised by the House of Commons of the
Commonwealth Assembly, subject to review by the Supreme Court of Justice, and
under the superintendence of the Commonwealth Inspectorate.
(15)
Do not do to
others what you would not have them do to you. In the exercise of their
constitutional rights and freedoms, every citizen shall refrain from
interfering with the exercise of the constitutional rights and freedoms of
others.
(16)
If one wills
to establish oneself, establish others; if one wills to prosper oneself,
prosper others. Between parent and child there shall be affection; between
monarch and public servant, justice; between husband and wife, distinctiveness;
between old and young, proper order; and between friends, trustworthiness. Citizens,
regardless of sex, age or status, shall respect and deal fairly with one
another. Seniors shall be honoured and juniors loved.
(17)
Virtue is the
foundation of good governance, whereas law is merely a secondary instrument.
Virtuous juniors shall be esteemed and vicious seniors distanced.
(18)
Citizens shall
be obliged to receive education that nurtures the virtues of humaneness,
justice, propriety, wisdom, trustworthiness, loyalty, filial piety, fraternity,
temperance, compassion, fortitude and modesty, and shall abide by this
Constitution and the law.
ARTICLE III. By the Grace of God, The Emperor of the Myeong Commonwealth, Suzerain of
All under Heaven, Defender of the Way, shall be the sole and legitimate Occupant
of the Throne of Sublime Illumination, Head of the Myeong Commonwealth, Son of
Heaven in the Confucian Tradition, and Honorary Supreme Marshal of Commonwealth
Armed Forces.
(1)
The Emperor shall reverently observe and
vigilantly abide by this Constitution and all valid confederal laws of the
Commonwealth.
(2)
The Emperor shall reign with grace and solemn
dignity, facing the south in perpetual humility, embodying the virtues of
truth, righteousness, benevolence, and wisdom, and propriety. By the mere
falling of his robes and the folding of his hands shall order be maintained
throughout the realm. The Emperor shall discharge the kingly responsibilities
with utmost integrity and impartiality, ever following the Kingly Way of
Humaneness free from private interest or favouritism, thereby rendering that
Way broad and enduring, open and accessible, correct and direct, ever striving
toward the highest excellence in accordance with the teachings of the Sages.
(3)
The Sacred Heart of Heaven is supremely fair,
magnanimous, and selfless; therefore, the Emperor, vested with the Mandate of
Heaven, shall uphold the Way of Heaven with a heart-mind righteous and
disinterested. The Emperor and the Empress Consort shall remain politically
impartial, abstaining from all public discourse upon governmental and
international affairs, and shall be barred from voting, standing for elective
office, joining political organisations, or advancing partisan causes.
(4)
The people shall be of greatest importance, the
Commonwealth next, and the Emperor least. Heaven, having brought forth the
people, established for them a suzerain as their shepherd and pastor; the
constitutional monarchy of the Myeong Commonwealth shall ever be dedicated to
fostering unity among the Myeong people and bearing witness to the advanced
civilisation of the realm before all nations.
(5)
The Emperor shall possess the right to be
consulted by, to encourage, and to warn the Prime Minister in private audience.
Nevertheless, the Emperor shall have no power to withhold assent from any act
or decision of either or both Houses of the Commonwealth Assembly, His
Majesty’s Government, the Supreme Court of Justice, the Commonwealth
Superintendency, the Commonwealth Inspectorate, independent statutory
commissions established by this Constitution, or the lawful authorities of confederal
constituents. All Commonwealth authorities shall bear sole responsibility for
their own conduct, even when performed in the name of the Emperor.
(6)
The Emperor
shall, with the advice and consent of the Commonwealth Assembly, promulgate
Acts of Amendment to this Constitution and its Annex I, together with all other
Acts of the Assembly.
(7)
The Emperor shall, upon the request of the Prime
Minister, decree the opening, prorogation, and dissolution of the House of
Commons of the Commonwealth Assembly; the summoning of a general election; the
proclamation of general or particular amnesties and reductions of sentence; and
the bestowal or revocation of honours of the Commonwealth.
(8)
There shall be established a Privy Council as the
highest advisory organ to the Emperor. The Supreme Patriarch, the Prime
Minister, together with the First and Second Deputy Prime Ministers, the Lord
Chancellor, the Lord Speaker of the House of Commons, the Lord Chief Justice,
the Lord Superintendent-General, and the Lord Inspector-General shall be Privy
Counselors ex officio. Other persons may be appointed Privy Counselors
by the Emperor with the advice and consent of the Prime Minister. The Lord
Chancellor, appointed by the Emperor for renewable terms of five years upon the
recommendation of an independent statutory commission, shall serve as Lord
President of the Privy Council, Lord President of the Confederal Senate,
Secretary of Justice of His Majesty’s Government, and Lord President of the
Court of Appeals, the Court of Chancery, and the Court of Propriety of the High
Court, thereby fostering mutual respect and deeper understanding of the rule of
law and judicial independence amongst the great organs of the Commonwealth.
Without the advice and consent of the Prime Minister, the Emperor-in-Council
may not issue charters, edicts, letters patent, delegated legislation, or
prerogative orders concerning accession, enthronement, the adoption of reign
era names, the creation of peers, the interpretation or amendment of the Grand
Rules of the Imperial Household, or retirement from the Throne. The
organisation of the Privy Council shall be prescribed by law.
(9)
There shall be established a Supreme Confucian
Congregation, presided over by the Supreme Patriarch as Primate of the Myeong
Commonwealth, whose permanent seat shall be at Sage Paul Basilica. The
Congregation shall constitute a non-partisan community of scholars and clergy
devoted to rectifying heart-minds, refuting heterodox teachings, refining the
people according to the Kingly Way, and proclaiming the doctrines of the Sages.
Within the Congregation shall be constituted the Supreme Council for the Doctrine
of the Sages under the presidency of the Lord Patriarch, deputy to the Supreme
Patriarch, which shall advise the Emperor in his capacity as Defender of the
Way upon the conformity of his speeches and instruments with this Constitution
and the Confucian-Mencian-Yangmingist tradition; pronounce, at the request of
the Prime Minister, upon the compatibility of proposed laws and policies with
sagely doctrine; and assist in the rites and ceremonies of the Commonwealth.
His Majesty’s Government shall defray the expenses of the Supreme Council. The Emperor
shall be Sovereign Defender of the Congregation and of the Council. Their
organisation and proceedings shall be determined by law.
(10)
At his accession to the Throne and upon
proclamation of the reign era name, the Emperor shall solemnly swear: ‘We
[personal name] do solemnly swear that We shall faithfully perform the duties
of Emperor of the Myeong Commonwealth, defend and preserve this Constitution,
and serve the unity of the Myeong people with fearlessness and selflessness. So
help Us Heaven.’
(11)
Each Emperor shall proclaim and employ one sole
reign era name throughout the duration of his reign. The personal names of the
Emperor, of his predecessors upon the Throne of Sublime Illumination, and of
his successors shall not be held taboo, nor shall the people be required to
avoid their utterance or writing, in perpetual observance of the virtues of
clarity, sincerity, and openness enjoined by the Sages.
(12)
The management and finances of the Imperial
Household shall be separate from those of the Commonwealth. The Imperial
Household shall independently administer its resources. It shall not receive
subsidies or administrative assistance from Commonwealth authorities for
activities unrelated to official duties performed on behalf of the
Commonwealth. No gift or property may be given to or received by the Imperial
Household without the consent of the House of Commons of the Commonwealth
Assembly.
(13)
The Emperor shall regulate the internal affairs of
the Imperial Household in accordance with the Grand Rules of the Imperial
Household, which shall be made and amended by the Emperor-in-Council.
(14)
The Grand Rules of the Imperial Household shall
provide for hereditary succession to the Throne of Sublime Illumination solely
among the paternal male descendants, legitimate or adopted, of the House of Joo
founded by The Seongchi Emperor.
(15)
When the Emperor is under the age of twenty-five
years or is unable by reason of illness or other cause to discharge his duties,
an adult member of the Imperial Household shall serve as Regent. The Grand
Rules of the Imperial Household shall define the office and powers of the
Regent.
(16)
The Emperor shall ordinarily occupy the Throne for
the term of his natural life, yet voluntary abdication shall be permitted in
accordance with law. A former Emperor or the living father of the reigning
Emperor shall ordinarily bear the title Emperor Emeritus; a former Empress
Consort or the residing mother of the reigning Emperor shall bear the title
Empress Consort Emerita while her husband lives, and thereafter Empress Dowager.
(17) The Ceremonial Embroidered
Uniform Guard, under the sole command of His Majesty’s Government, shall have
the exclusive duty of safeguarding the person of the Emperor and his immediate
family and the security of the Imperial Residence, and shall possess no further
authority in matters of intelligence or law enforcement.
ARTICLE IV. The
Commonwealth Assembly shall constitute the supreme legislative organ of the Myeong
Commonwealth.
(1)
The Commonwealth Assembly shall consist of the Emperor, the Confederal Senate, and the House of Commons, none of which shall
be subordinated to another, but all shall act in harmonious concert for the common good of the Commonwealth.
(2)
The Confederal Senate shall be the upper
chamber of the Commonwealth Assembly. Every Province, Protectorate, and Associated State, without regard to the multitude of its people, shall appoint one Confederal Senator as its representative therein. The consent of the Confederal Senate to
a bill passed by the House of Commons shall be presumed unless a majority of
three-quarters of the Senators reject the same. His Majesty’s Government may
seek the counsel of the Confederal Senate upon any matter touching the common
good. The Confederal Senate may debate and adopt resolutions and declarations,
not binding in law, concerning the common security, the common foreign policy,
the common market, and common public morals throughout the Commonwealth. The
Lord Chancellor shall be Lord President of the Confederal Senate.
(3)
The House of Commons shall be the lower chamber
of the Commonwealth Assembly. Members of the Commonwealth Assembly in the House
of Commons assembled, hereinafter styled Members, shall be chosen by the people
of single-member constituencies throughout the Provinces and Protectorates by
direct election held according to the principles of equality of vote, secrecy
of the ballot, universal suffrage, and decision by simple plurality.
(4) The term of Members shall endure for five years, save that the Emperor may at any time dissolve the House of Commons upon the request of the Prime Minister. Members may be re-elected without limit.
(5)
The eligibility of candidates for the House of
Commons shall be determined by an independent statutory commission composed of
representatives of the Commonwealth Superintendency, the Commonwealth
Inspectorate, and the Commonwealth Security Council, having regard above all to
personal integrity and steadfast adherence to Article I of this Constitution.
Persons holding commission in the armed forces of the Commonwealth shall not,
while so serving, be capable of election as Members.
(6)
The Lord Speaker of the House of Commons shall
be chosen or removed by resolution of the Members thereof.
(7)
The House of Commons shall exercise its
legislative authority according to the principle of majority rule.
(8)
The House of Commons may, in the improvement of
existing Acts, have respectful regard to the laws and usages of other civilised
realms.
(9)
Should the House of Commons find that the Prime
Minister or any Secretary of the Commonwealth has been guilty of grave
misconduct, it may adopt a resolution of no confidence by a majority of Members
present; whereupon the said officer shall forthwith tender resignation to the
Suzerain, who shall forthwith accept the same.
(10)
The freedom of the House of Commons to inquire
into any matter of public concern, without let or hindrance from His Majesty’s
Government or any other authority, shall be inviolate.
(11)
The channels of communication between ruler and
ruled are of cardinal importance to the governance of the realm: when open,
good order prevails; when obstructed, chaos and calamity ensue. Confederal
Senators and Members of the Commonwealth Assembly shall enjoy complete immunity
from legal process in respect of words spoken, opinions expressed, or votes
given within the precincts of the Assembly. Neither shall they be liable to
arrest or surveillance while travelling to or from, or while present at, any
sitting of their respective chamber.
(12)
When the Commonwealth Assembly practises the
virtues of the Sages, the people are transformed of themselves and governance
proceeds without coercion or artifice. Therefore, the legislative labours of
the Commonwealth Assembly shall ever seek to minimise control over society,
interference in the market, and intrusion into the lives of citizens, enacting
only such laws as render the lives of the people more convenient and harmonious.
(13)
With the enactment of one law, a myriad evils
may be born. Laws shall be made only when necessity is manifest, and shall be
repealed without delay when that necessity has passed.
(14)
Treaties concluded and ratified on behalf of
the Commonwealth, customary international law, charters, proclamations, and
letters patent issued by the Suzerain, and the constitutions and laws of the confederal
constituents shall have the force of law throughout the Commonwealth; yet none
of these shall prevail over an Act of Assembly within the Provinces and
Protectorates. Within Associated States, confederal law having direct effect
shall be limited to matters of common security, common foreign policy, the
common market, and common public morals.
(15)
The organisation and proceedings of the
chambers of the Commonwealth Assembly shall be prescribed by law.
ARTICLE V. His Majesty’s
Government, known externally as the Government of the Myeong Commonwealth,
shall constitute the supreme executive authority of the Myeong Commonwealth and
shall be accountable to the House of Commons within the Commonwealth Assembly.
(1)
The Senior Grand Secretary of the Cabinet of the Myeong Commonwealth,
hereinafter referred to as the ‘Prime Minister,’ shall be Head of His Majesty’s
Government of the Commonwealth and the Commander-in-Chief of the Security
Forces of the Commonwealth. The Prime Minister shall
lead the Commonwealth Public Service and be charged with the supreme
responsibility of keeping the Commonwealth in good order.
(2) The Prime Minister shall be a Member
of the House of Commons of the Commonwealth Assembly elected by other Members
of the House of Commons of the Commonwealth Assembly. The Emperor shall confirm the outcome of the election by
edict.
(3) The term of office of the Prime Minister shall not be longer than that
of the House of
Commons of the Commonwealth Assembly to which he
belongs.
(4) The Prime Minister shall appoint
the rest of the ‘Three Dukes and Six Ministers’ of the Cabinet of His Majesty’s
Government, namely, the First Deputy Prime Minister (Foreign Affairs), the
Second Deputy Prime Minister (Home Affairs), the Secretary of the Civil
Service, the Secretary of Finance, Trade, and Commerce, the Secretary of
Education, the Secretary of Defence, the Secretary of Justice, and the
Secretary of Health and Human Services, except for the office of the Secretary
of Justice, which shall ex officio be held by the Lord Chancellor. The Prime Minister may also appoint other
Ministers to the Cabinet from amongst Members of the House of Commons of the Commonwealth Assembly.
(5) The Prime Minister shall be vested with the authority to appoint and
dismiss public servants.
(6) The Emperor shall, with the advice and consent of the Prime Minister, prescribe or
amend the institutional structure of executive and administrative organs, and
the salaries of civilian and military officials; and issue various edicts that
are necessary for the good government of the Commonwealth.
(7) The Emperor shall, with the advice and consent of the Prime Minister, dispatch
diplomats to foreign states with diplomatic relations with the Commonwealth and
authorise the signature of various international treaties and agreements.
(8) Upon assuming office, the Prime Minister-elect shall, in the presence
of the Emperor or the Regent, take the following oath: ‘I (personal name) solemnly
swear that I will faithfully perform the duties of the Senior Grand Secretary of the Cabinet of
the Myeong Commonwealth, appoint the virtuous
and competent and strive for trustworthiness and cultivate harmony. I will, to
the best of my ability, ensure that the elderly will be cared for, that those
in their prime years will be able to utilise their talents, and that the youth
will be enabled to grow up healthily; and provide compassionate assistance to
those who are lonely, widowed, and sick.
I will uphold, defend, and conserve the Constitution of the Myeong
Commonwealth. So help me God.’
(9) His Majesty’s Government must abide by this
Constitution and the law and be responsible to the House of Commons of the
Commonwealth Assembly: it shall implement Acts of Assembly; it shall present
its legislative programme to the Commonwealth Assembly through the Speech from
the Throne; it shall answer questions raised by Members of the House of
Commons; and it shall obtain approval from the House of Commons for public
expenditure and taxation.
(10) The Doctrine of the Mean shall be the guiding principle of the modus
operandi of His Majesty’s Government. The Doctrine of the Mean demands that
unbiased choices be made by an unchanging conscience that copes with all
changes with subtlety. In administering the Commonwealth, the Cabinet shall not
be disproportionate, biased, extremist, arbitrary, or capricious.
(11) To serve the Commonwealth in a way satisfactory to the populace
requires public officials of His Majesty’s Government to give utmost priority
to the common good; to give central priority to special interests is to invite
resistance and rebellion. In governing the Commonwealth, the Cabinet shall not abuse public power
for private gain; abuse the law for special interests; and behave in a corrupt
or fraudulent manner.
(12) To govern
virtuously is to gain allegiance from all of the Commonwealth despite governing
in an effortless, non-interventionist manner. His Majesty’s Government shall adopt a low-tax
policy to enable citizens to enjoy leisure and raise families.
(13) The
cornerstone of the common security and common foreign policy of the
Commonwealth shall be rooted in the principles of respecting international law,
fostering peace, and taking proactive measures to prevent invasions.
(14) The Commonwealth Security Council shall
safeguard the right of citizens to reside in a secure and peaceful Commonwealth
by coordinating defence, intelligence, and security operations. It shall be
presided over by the Prime Minister and Security Councillors selected by the
Prime Minister from amongst high-ranking officials of the Cabinet, the Security
Forces, and the Commonwealth Intelligence Service. The organisation of the Commonwealth
Security Council shall be prescribed by law.
(15) If the
Commonwealth faces external aggression, His Majesty’s Government shall
vigorously uphold the principle of Jon-hwang-yang-i (‘Revere the Emperor
and Expel the Barbarians’) until the attainment of victory.
(16) There shall be
an Attorney General for the Commonwealth, appointed by the Emperor on the
nomination of the Prime Minister, who shall be the principal legal advisor to
His Majesty’s Government, shall exercise the powers and perform the duties
conferred or imposed on him by this Constitution or by confederal law, and in
whose name and at whose suit or, under delegation by instrument in writing and
in accordance with law, at the suit of an independent Director of Public
Prosecutions or other authorised officer, every criminal prosecution in a court
of confederal jurisdiction shall be brought in the name of the Emperor.
(17) His Majesty’s Government shall oversee regular, open, public
service examinations through the public service college of the Commonwealth
without regard to the backgrounds of candidates. It shall widely seek talents
and issue appointments to meritorious persons whenever appropriate.
(18) Employees of His
Majesty’s Government shall, regardless of personal political persuasions,
execute reasonable and lawful instructions of the Government-of-the-day.
(19) The organisation of
His Majesty’s Government shall be prescribed by law.
ARTICLE VI. The Supreme
Court of Justice shall constitute the supreme judicial organ of the Myeong Commonwealth.
(1) The Supreme Court of Justice shall comprise the Court of Appeals,
whereof the Lord Chancellor shall be Lord President. It shall be the highest
judicial authority of the Commonwealth, together with the High Court under the
presidency of the Lord Chief Justice. Within the High Court shall sit the Court
of Emperor’s Bench for constitutional, civil, criminal, and taxation cases; the
Court of Chancery for the administration of equity; and the Court of Propriety
for all causes touching the common public morals and ritual propriety of the
Commonwealth. The Supreme Court of Justice shall exercise no jurisdiction
within Associated States save in matters concerning rights and freedoms
recognised by this Constitution or pertaining to the common security, common
foreign policy, common market, and common morals of the Commonwealth.
(2) Whenever the appearance or reality of conflict of interest may arise,
the Lord Chancellor shall, so far as practicable, refrain from sitting in
judgment.
(3) Judgments of the Court of Appeals shall bind the High Court in like
cases according to the principle that like things be treated alike. All
judgments of the Supreme Court of Justice shall bind other confederal courts
and every court within the confederal constituents upon every question of this
Constitution and confederal law.
(4) Ultimate judicial power of the Commonwealth shall be vested in the
Supreme Court of Justice, which shall enjoy original jurisdiction in all cases
arising under this Constitution and appellate jurisdiction over every matter
involving confederal law; power to declare any law or act of the Commonwealth
or of any constituent void for unconstitutionality; power to dissolve any
association whose ends or deeds subvert the constitutional order herein
established; and power to determine all disputes between public authorities or
between Commonwealth authorities and citizens. Every judgment of the Supreme
Court of Justice shall bind all persons and authorities throughout the Myeong
Commonwealth.
(5) The Commonwealth Assembly may by law erect additional confederal courts
subordinate to the Supreme Court of Justice whensoever necessity shall appear.
(6) Judges shall bow to no authority save the law and their own righteous
conscience. Guided by this Constitution and confederal law, they shall judge
with upright heart, dispense justice with fairness and compassion, and suffer
no wrong to go uncorrected, and strive ever to prevent miscarriage of justice.
(7) He who judges shall first labour
to prevent suits from arising. In civil cases, the courts shall foster social
harmony by encouraging mediation and amicable settlement without the strife of
an open trial.
(8) Justice shall be administered openly, that the people may see and
approve. Secret trials and concealed judgments are hereby forbidden.
(9) Judges shall be chosen solely upon virtue and merit. An independent
statutory commission shall examine the personal integrity and legal
accomplishments of every candidate and nominate those found worthy to serve as
Lord Chief Justice, Justices of the Court of Appeals, or Judges of the High
Court; whereupon the Emperor shall appoint them by edict.
(10) Judges shall hold office until the age prescribed by law and shall
neither join political parties nor engage in political activities.
(11) No judge shall be removed for alleged incapacity or unbecoming conduct
unless a committee of Justices of the Court of Appeals, chosen by their peers,
shall first find the charge proven.
(12) The organisation and proceedings of confederal courts at every level
shall be prescribed by law.
ARTICLE VII. The
Commonwealth Superintendency shall constitute the supreme superintendent and
anti-corruption organ of the Myeong Commonwealth.
(1) An independent statutory commission shall, having regard solely to
personal integrity and proven accomplishment in the law, nominate one candidate
to serve as Lord Superintendent-General; whereupon the Suzerain shall appoint
the same by solemn edict.
(2) The Commonwealth Superintendency, acting in full independence, shall be
vested with authority to search and seize evidence in public and private places
upon reasonable suspicion, and to bring criminal prosecutions for corruption
and public misconduct before the Supreme Court of Justice. It shall suffer no
interference from any external power, including the Attorney General of His Majesty's Government.
(3) Every Superintendent of the Commonwealth Superintendency shall serve the common good with strict independence, determining all questions impartially and
objectively according to the law, the facts established by lawful evidence, all
pertinent circumstances known to the prosecution, and such guidelines as may be
lawfully established. Superintendents shall be chosen through open and
impartial examinations conducted by the Superintendency itself.
(4) No Superintendent shall be arrested or detained save with the prior
consent of the Lord Superintendent-General.
(5) The organisation and proceedings of the Commonwealth Superintendency
shall be prescribed by law.
ARTICLE
VIII. The Commonwealth
Inspectorate shall constitute the supreme organ of oversight of public
administration of the Myeong Commonwealth, vested with authority to receive and
examine grievances against all confederal public agencies; to conduct independent
audits of their financial acts; to tender admonitions and remedies whereby
mismanagement may be prevented; and to bring suit against any authority found
to have abused power or acted with arbitrariness.
(1) The flow of policy
should resemble clear water: smooth, unobstructed, and free from error. The
high purpose of the Commonwealth Inspectorate shall ever be the advancement of
virtuous governance and the preservation of harmony among the people.
(2) Every subject of the
Commonwealth shall enjoy the inviolable right to lay formal complaint against
any confederal public agency before the Commonwealth Inspectorate.
(3) The Commonwealth
Inspectorate, under the presidency of the Lord Inspector-General, shall be
empowered to inquire into unlawful, unreasonable, or procedurally unjust acts
of confederal public agencies; to open investigations into maladministration
upon its own motion; and to furnish the Commonwealth Assembly with independent
reckonings of the public accounts.
(4) Where the Inspectorate
shall find that a confederal public authority has transgressed this
Constitution or confederal law, it may commence proceedings against the same in
the High Court of the Supreme Court of Justice.
(5) The Commonwealth
Inspectorate shall have free access to all records and documents in the
possession of confederal public agencies, saving only those of the Supreme
Court of Justice and the Commonwealth Security Council, that it may discern
maladministration and prescribe rectification.
(6) The Commonwealth
Inspectorate may, with all due reverence, tender private counsel to the Emperor
touching the speeches or conduct of the Emperor and Members of the Imperial
Household. Should the Emperor decline to follow such counsel, He shall set
forth His reasons in writing.
(7) The Lord
Inspector-General shall be chosen solely upon virtue and proven merit. An
independent statutory commission shall weigh the integrity and past deeds of
every candidate and nominate one found worthy; whereupon the Emperor shall
appoint him by solemn edict.
(8) Public Inspectors of
the Commonwealth Inspectorate shall be selected through open and impartial
examinations held by the Inspectorate itself.
(9) No Public Inspector
shall be arrested or detained save with the prior consent of the Lord
Inspector-General.
(10) The organisation and
powers of the Commonwealth Inspectorate shall be prescribed by law.
ARTICLE IX. This Constitution,
together with its Preamble, Text, and Annexes, shall possess direct and binding
force upon all Commonwealth authorities and throughout every Province,
Protectorate, and Associated State of the Myeong Commonwealth. Any law,
ordinance, act, or decision repugnant to this Constitution shall be utterly
void and of no effect.
(1) This Constitution,
in its entirety, stands as the moral compass and everlasting pattern of
governance, employing the instruments of law to awaken the people to the
cultivation of virtue and to summon those entrusted with authority to perfect
their own moral character, that peace and harmony may prevail beneath Heaven.
Likewise, this Constitution upholds the doctrines of the Sages, that a free and
constitutional polity may ever accord with the eternal moral order. To stray
from the original intent of the law is to invite calamity. Every interpreter of
this Constitution shall therefore construe it with righteousness, preserving
the true meaning and intent thereof as understood at the moment of its solemn
promulgation.
(2) The Sages, with
reverent care, distinguished right from wrong and illumined the path of virtue
while warning against vice. The Four Books and Five Classics of
the Confucian Religion, which chiefly reveal the heart-mind’s relation to the
Way of Humaneness and Righteousness, may be drawn upon to aid the just
interpretation of this Constitution. Should any seeming discord arise between
those sacred texts and the Preamble, Text, or Annexes hereof, all effort shall
be made to reconcile them in harmony. Yet if reconciliation proves impossible,
this Constitution shall prevail.
(3) English, Hanmun,
and Korean shall be the official languages of the Commonwealth. Where
divergence appears among the several versions of any legal instrument, diligent
labour shall be undertaken to restore concord. Should an irreconcilable
discrepancy remain in the interpretation of this Constitution or the laws, the
English text shall hold decisive authority.
(4) The principles
enshrined in Article I of this Constitution, together with the present Article,
shall be eternal, inalterable, and beyond the reach of amendment.
(5) No Bill of
Amendment to this Constitution or its Annex I shall be introduced unless it bears
the unanimous signatures of at least one-third of the total membership of both
chambers of the Commonwealth Assembly taken together.
(6) No Amendment to
this Constitution or its Annex I shall be ratified save by the assent of
three-quarters of the whole number of members of both chambers of the
Commonwealth Assembly taken together.
(7) The Court of
Appeals of the Supreme Court of Justice shall possess final and irrevocable
authority to pronounce upon the conformity of any proposed Amendment with this
Constitution.
ANNEX I. DECLARATION ON THE MOTTO, FLAG, EMBLEM, AND ANTHEM OF THE COMMONWEALTH
The sacred legacies of the three glorious eras of Ha, Sang, and Ju are most faithfully preserved within this Commonwealth alone; likewise, the proper succession to the lineage of the Sublime Ming resides only in our realm. The motto of the Daehan Realm, ‘Illuminate Heaven and Earth,’ is hereby restored as the everlasting motto of the Myeong Commonwealth, being understood as the concise expression of that revered verse from the Book of Changes: ‘The virtue of the Sage moveth in harmony with Heaven and Earth; his wisdom shineth as the Sun and Moon.’
We, the Constituent Assembly of the Myeong Commonwealth, rejoicing in the profound Confucian spirit embodied in our Confederal Flag, the Il-wol Habmyeonggi, do solemnly proclaim its sacred meaning: At its heart shineth a white crescent moon entwined with a golden sun, forming one perfect circle of eum and yang in balanced harmony, even as the Hanja 明 signifies ‘Myeong’ (Illumination). From this orb radiate twelve rays, marking the twelve watches whereby the day is ordered in the tradition of East Asia, signifying ceaseless renewal. The four longer rays proclaim the four cardinal virtues of the Sages: Humaneness, Justice, Propriety, and Wisdom; and the four sublime stages of the Book of Changes: Origination, Perseverance, Consummation, and Perfection. The colours likewise speak: blue for peace, red for felicity, white for purity, yellow for prosperity. Thus does the Flag teach that the true man of virtue shines with unfeigned brilliance, even as sun and moon move in ordered alternation, bestowing light upon all without partiality.
We further proclaim the everlasting signification of the Coat of Arms of the Myeong Commonwealth: The Myeonlyugwan, the Imperial Commonwealth Crown adorned with twelve jewels, is reserved unto the Emperors of the orthodox Hwaha Confucian line alone. The vermillion robes (whose very hue beareth the Imperial surname), lined with patterns of blue and white, do reverence to the celestial porcelain of the Sublime Ming Realm. The Golden Dragon Supporters and Flaming Pearl Crest display the ancient Hwaha totem of Two Dragons Pursuing the Flaming Pearl, signifying heavenly blessing, imperial nobility, and the aspiration of our forefathers to be one with the Heavenly Principle. The sea compartment beneath the shield displays four rolling tides, two azure and two gold, signifying the ancient ‘Four Seas’ (사해) that bound the Celestial Realm. Thus is proclaimed the universal expanse of the Myeong Commonwealth, reaching unto the four horizons of the world. The azure tides proclaim everlasting peace; the golden tides proclaim unending prosperity; and together they testify that the Mandate of Heaven extends over all within the Four Seas, uniting all peoples beneath the illumination of virtue.
The Imperial Belt of scarlet and gold bears in Latin the motto Coelum Terramque Illuminare and in sacred Hanja 光明天地, proclaiming our universal mission to illumine and re-civilise the world. The Hwassibyeok Pendant, heirloom jade of the realm, recalls the words of the Master: ‘Jade is the virtue of the noble man,’ testifying that righteous governance is the highest treasure of the Commonwealth. At the centre stands the ancient Emblem of the Daehan Realm: the mighty eagle grasping the sword of justice and the orb of peace, crowned with the cross in honour of the Confucian-Christians among our founders; nine Taegeuk symbols for the nine provinces of legendary Hwaha, signifying All under Heaven; and the eight Trigrams of the Book of Changes encircling the central Taegeuk of the Commonwealth Assembly, declaring that the cosmos itself is ordered by the same principles that govern our polity.
The Patriotic Anthem of the Daehan Realm, henceforth styled Hwanggeukga, is hereby re-adopted as the Solemn Anthem of the Myeong Commonwealth. Its words in the three chief official tongues shall be set forth in Annex II and sung with reverence by all loyal subjects upon every solemn occasion.
Thus do we, in perpetual fidelity to the Way of the Sages and the Mandate of Heaven, ordain and establish these enduring symbols of the Myeong Commonwealth, that they may shine as beacons of illumination unto all generations.
FLAG OF THE COMMONWEALTH
EMBLEM OF THE COMMONWEALTH
The Patriotic Anthem of the Daehan Empire and its lyrics shall be renamed as Hwanggeukga and re-adopted as the Official Anthem of the Myeong Commonwealth. The lyrics of the Official Anthem in the three official languages shall be as follows:
May God save our Emperor!
Long live the Emperor!
While hermits raise their houses with yearly coming twigs.
Keeping his power and influence on the world.
May his happiness forever be renewed for, O, million years.
May God save our Emperor!
上帝保佑皇帝聖上
聖壽無疆
海屋籌山
威權瀛廣
於千萬歲
福祿無窮
上帝保佑皇帝聖上
상뎨 (上帝) 는 우리 황뎨 (皇帝) 를 도우샤
셩슈무강 (聖壽無疆) ᄒᆞ샤
ᄒᆡ옥듀 (海屋籌) 를 산 (山) 갓치 ᄡᆞ으시고
위권( 威權) 이 환영 (環瀛) 에 ᄯᅳᆯ치샤
오! 쳔만셰 (千萬歲) 에 복녹 (福祿) 이
일신 (一新) 케 ᄒᆞ쇼셔
상뎨 (上帝) 는 우리 황뎨 (皇帝) 를 도우소셔