Annotated Constitution - I. Constitutional Basis
Revision as of 22:14, 29 April 2013 by Gaius Decius Laterensis
- A. This Constitution shall be the basic authority for all decision-making within Nova Roma and shall limit the authority of all magistrates and bodies, and all leges (laws) passed by the comitia, decreta (decrees) of the priestly collegia, magisterial edicta (edicts) and Senatus consulta shall be subject to it except as provided by the following two provisos:
- 1. The edicta (edicts) of a dictator appointed under this Constitution may override its provisions, insofar as he is empowered to do so by the Senatus consultum enabling his appointment;
- 2. This Constitution may be amended by a Lex passed by the comitia centuriata and approved by a vote of two-thirds of the Senate.
- 3. No one shall suffer:
- a. a penalty for an action which was not subject to a penalty when the action was performed. If an action was subject to a penalty when the action was performed but is no longer subject to any penalty, no penalty shall be applied for that action.
- b. a greater penalty for an action than the penalty which was applicable when the action was taken. If an action was subject to a penalty when the action was performed but is now subject to a lesser penalty, the lesser penalty shall be applicable for that action.
- B. Legal precedence. This Constitution shall be the highest legal authority within Nova Roma, apart from edicts issued by a legally appointed dictator. It shall thereafter be followed in legal authority by edicta issued by consuls acting under the Senatus consulta ultima, laws properly voted and passed by one of the comitia, decreta passed by the collegium pontificum, decreta passed by the collegium augurum, Senatus consulta, and magisterial edicta (in order of descending authority as described in section IV of this Constitution), in that order. Should a lower authority conflict with a higher authority, the higher authority shall take precedence. Should a law passed by one of the comitia contradict one passed by another or the same comitia without explicitly superseding that law, the most recent law shall take precedence.
- C. This Constitution shall serve as the bylaws for Nova Roma, a legally incorporated entity in the state of Maine, USA (hereafter referred to as "the corporation"). The conduct and procedures of the Board of Directors and the officers of the corporation shall be according to the guidelines and strictures set forth in this Constitution. The Board of Directors of the corporation shall be composed of the Senate of Nova Roma (as described in Section V of this Constitution), and the officers of the corporation shall be composed of the magistrates of Nova Roma (as described in Section IV of this Constitution), as follows:
- 1. The co-presidents of the corporation shall be the consuls of Nova Roma;
- 2. The co-vice-presidents of the corporation shall be the praetors of Nova Roma;
- 3. The co-treasurers of the corporation shall be the quaestors of Nova Roma;
- 4. The co-secretaries of the corporation shall be the censors of Nova Roma.
- D. This Constitution may be altered by law passed by the comitia centuriata; such alterations to this Constitution must be ratified by a vote of two-thirds of the entire Senate before they shall take effect. The edicta of an appointed Dictator may also alter this Constitution, subject to ratification by the Senate.
- E. The use of male pronouns and technical terms within this Constitution is done solely for clarity, and shall not be construed to imply any disparity between genders before the law.