The following Constitution assumes a modern-type society with an organized Government and a reasonable sized homeland comparable to that of many modern nations: that is, it is for the new nation that the communities of Folk Culture will create sometime in the future.
However, the underlying principles of this Constitution - and in
particular Articles 1 - 42, 56 and the various Appendices - express
the essence of the Folk Culture Way of Life, and it is these items which
can and should form the basis for principles of government and law of any
new homeland founded on the ideals of Folk Culture.
Introduction
The Constitution of a Folk Culture exists to create, maintain and advance
the cultural, social, political, and economic institutions of a society
based on Folk Culture ideals and principles.
Folk Culture Government
The purpose of a Folk Culture Government is to protect, maintain, advance
and enhance in a positive and noble way, the people, their culture, their
way of life, their separate racial identity, and the land where those people
dwell.
The Form of Government in Folk Culture
According to Folk Culture, government does not exist to impose the domination
of one individual or group over others for the benefit or purpose of that
individual or group. Rather, government represents the collective political
ideal and will of a people who share a common culture, a common outlook,
and a common cultural heritage.
A government must take an organized form in order to begin the process
of social, intellectual, spiritual and ideological evolution towards the
final goal, which Folk Culture perceives to be continuing the work
of Nature. The purpose of the Constitution is to establish and make real
the objectives of the Folk Culture movement and to create conditions conducive
to the development of individuals in accordance with the noble and idealistic
values of Folk Culture
Thus the Constitution abolishes all forms of intellectual, economic
and social tyranny, and aims to return the destiny of the people to the
people themselves in order to completely overthrow and do away with all
types of oppression and injustice.
In creating, on the basis of Folk Culture philosophy and ideology,
the political infrastructures and institutions that are the foundation
of society, only the honourable and noble will assume the responsibility
of governing and administering the new Folk Culture community. Legislation
setting forth regulations for the administration of society will be based
upon the concepts of personal honour and duty to the folk before self-interest.
In particular, the aim of a Folk Culture government is to encourage the noble change and further evolution of human beings in such a way that they progress upward towards a more noble way of living and the establishment of a noble and just order. This involves creating favourable conditions for the emergence and blossoming of the innate nobility of individuals, and encouraging and developing their talents and abilities, so that the numinous dimensions of the human being are manifest and made real, thus enabling the creation of a new, and higher, civilization. This goal cannot be attained without the active and willing participation of all members of society in the process of social, cultural, political and spiritual development.
Accordingly, the Constitution provides the basis for such participation
by all members of society at all stages of the political and social decision-making
process on which the destiny of the community depends. In this way during
the struggle towards the new civilization, each individual will be involved
in, and responsible for, the growth, advancement, and leadership of society.
In this willing and committed involvement lies the realization of the noble
ideal of fulfilling our noble Destiny as human beings, in accord with the
laws of Nature: that is, in harmony with our fellow human beings and in
harmony with the other life with which we share this planet which is our
home.
The Economy is a Means, Not an End
In respect of the economy, the fundamental principles will be the fulfilment of the material needs of the members of the community in the context of the good of the community and the good of the land itself.
This principle contrasts with other economic systems, where the aim is concentration and accumulation of wealth and the making of profit. In materialist schools of thought, the economy is an end in itself, so that it comes to be not only a subversive, decadent and tyrannizing factor in the life of the community, but also the destroyer of Nature: a destroyer of what is numinous, and thus the destroyer of what is important for our humanity. For Folk Culture, the economy is a means, and one which is be employed in a noble way to ensure the well-being of both the community and of the land itself, on which the community depend not only for sustainence but equally important for what is numinous.
It is one of the duties of a Folk Culture government to provide all members of the community with equal and appropriate opportunities, to provide them with work, and to satisfy their essential needs, so that their basic well-being is assured.
Woman and the Constitution
Through the creation of a Folk Culture social infrastructure, it is essential that women should regain their natural rights and duties, considering the commercial, social, and political exploitation that they suffered under other political systems.
The family is the fundamental unit of society and the foundation for the noble growth of human beings. Compatibility of husband and wife with respect to belief, ideals, culture and racial heritage, is the prime consideration in the establishment of a family. It is the duty of the Folk Culture government to provide the necessary services and structures for the attainment of this goal.
The necessity and importance of the family in the life of the community
and in the creation of a better, more noble, way of life, gives women special
rights, privileges, duties and responsibilities in a Folk Culture
society. Not only does a woman thus recover her special, momentous and
precious function of motherhood - the nurturing of noble and honourable
human beings - she also assumes a pioneering social role and becomes the
companion of her man in all areas of life. Given the heavy and noble responsibilities
that woman thus assumes, she is accorded great respect in a Folk Culture
society.
A New Army
In the formation and equipping of the country's defence forces, attention must be paid to honour, nobility and the idealistic principles of Folk Culture.
Accordingly, the Armed Forces are to be organized on a Folk Culture
basis, and they will be responsible not only for guarding and preserving
the frontiers of the community, but also for fulfilling the noble mission
of creating a new civilization where nobility, personal honour and reverence
for Nature exists. That is, they will also be responsible for undertaking
the Folk Culture mission to the rest the world
The Judiciary in the Constitution
The judiciary is of vital importance for safeguarding the rights of the people in accordance with the principles of Folk Culture, and for safeguarding Folk Culture itself. Provision has therefore been made for the creation of a judicial system based on the ideal of personal honour, and operated by just and noble judges who have proven themselves to be both fair and honourable.
Executive Power and the Leadership Principle
Considering the particular importance of the executive power in implementing the laws and ordinances of Folk Culture for the sake of the community, and considering also its vital role in the attainment of a new civilization, the executive power must work toward the creation of Folk Culture society. Consequently, the confinement of the executive power within any kind of complex and inhibiting system that delays or impedes the attainment of this goal is rejected. Therefore, the system of bureaucracy, the result and product of old forms of government, will be removed, so that an executive system based upon the leadership principle can be created.
Mass-Communication Media
The mass-communication media (radio, television, cinema, newspapers
and so on) must serve the cause of Nature and culture and adhere to the
Folk Culture principles of honour, reason, duty to the folk, and the pursuit
of excellence. To this end, the media can and should be used as a forum
for a reasoned and balanced encounter of different ideas, but must refrain
from the diffusion and propagation of decadent ways of life, and anything
which is irrational, dishonourable, ignoble or which undermines the duty
individuals have to their folk.
Article 1: The form of government is that of a Folk-Democracy, endorsed by the people of the community on the basis of their belief in and willing acceptance of the noble principles and ideals of Folk Culture .
Article 2: Folk-Democracy is a system based on belief in:
Article 5: The overall leadership of the community will devolve upon a just, noble and honourable leader, who is aware of the circumstances of his age; who is courageous, resourceful, and possessed of administrative ability, and who will assume the responsibilities of this office in accordance with Article 107.
Article 6: In the homeland ("the nation", "the Folk") the affairs of the community must be administered on the basis of public opinion expressed by the means of fair and free elections, including the election of the President, the representatives of the Consultative Assembly, and the members of councils, or by means of referenda in matters specified in other articles of this Constitution.
Article 7: In accordance with the principles of Folk Culture, consultative bodies - such as the Consultative Assembly, the Provincial Councils, and the City, Region, District, and Village Councils and the likes of them - are the decision-making and administrative bodies for the whole community.
The nature of each of these councils, together with the manner of their formation, their jurisdiction, and scope of their duties and functions, is determined by the Constitution and laws derived from it.
Article 8: In the nation, personal honour is a universal and reciprocal duty that must be fulfilled by the people with respect to one another, by the government with respect to the people, and by the people with respect to the government. The conditions, limits, and nature of this duty will be specified by law.
Article 9: In the nation, the freedom, independence, unity, and territorial integrity of the community or homeland are inseparable from one another, and their preservation is the duty of the government and all individual citizens. No individual, group, or authority, has the right to infringe in the slightest way upon the political, cultural, economic, and military independence or the territorial integrity of the nation under the pretext of exercising freedom. Similarly, no authority has the right to abrogate legitimate freedoms, not even by enacting laws and regulations for that purpose, under the pretext of preserving the independence and territorial integrity of the nation.
Article 10: Since the family is the fundamental unit of Folk Culture society, all laws, regulations, and pertinent programmes must tend to facilitate the formation of a family ,and safeguard its sanctity and the stability of family relations on the basis of the law and the ethics of Folk Culture.
Article 11: In accordance with the principles of Folk Culture, all people of the same race and culture form a single community, and the government of the nation has the duty of formulating its general policies with a view to cultivating the friendship and unity of all kindred peoples, as it must constantly strive to bring about the political, economic, and cultural unity of those of the same kindred.
Article 12: The official religion of the nation is the Way of the Folk, and this will remain eternally immutable. Other religions, and ways of life, are to be accorded full respect, with their followers free to act in accordance with their own religious laws in performing their religious rites. These other ways and religions enjoy official status in matters pertaining to religious education, affairs of personal status (marriage, divorce, inheritance, and wills) and related litigation in courts of law. In regions of the nation where the people following any one of these ways or religions constitute the majority, local regulations, within the bounds of the jurisdiction of local councils, are to be in accordance with the respective laws of these ways and religions, without infringing upon the rights of the followers of other ways or religions.
Article 13: All established religions will be officially recognized with the peoples of these religious groups being free, within the limits of the law, to perform their religious rites and ceremonies, and to act according to their own religious laws in matters of personal affairs and religious education.
Article 14: In accordance with the noble principles and ideals of Folk Culture, the government of the nation and all members of the community of the nation are duty-bound to treat peoples of other cultures and of a different race in accord with the ethic of honour and of Folk Culture fairness, and to respect their rights, their culture and way of life.
Article 15: The official language and script of the nation, the lingua franca of its people, is English. Official documents, correspondence, and texts, as well as text-books, must be in this language and script. However, the use of regional languages and dialects in the press and mass media, as well as for teaching of their literature in schools, should be encouraged in addition to English.
Article 16: Since language is a means of encouraging understanding between different cultures, other languages should be taught after elementary level, in all classes of secondary school and in all areas of study.
Article 17: The official calendar of the nation takes as its point of origin the birth of the homeland, with the year being reckoned according to the solar calendar. For the purpose of comparison with the calendars of other cultures, the Julian date can be used.
Article 18: The official flag of the nation is the rune flag
composed of a black Odal rune in a white circle against a red background,
the Odal rune signifying the folk community itself.
Article 19: All people who reside within the boundaries of the nation, whatever ethnic group they belong to and whatever their culture, religion and way of life, enjoy equal rights, and equal treatment before the law.
Article 20: All citizens of the nation, both men and women, equally enjoy the protection of the law and enjoy all human, political, economic, social, and cultural rights, in conformity with Folk Culture criteria.
Article 21: The government must ensure the rights of women in all respects, in conformity with Folk Culture criteria, and accomplish the following goals:
Article 23: The investigation of individuals' religious beliefs is forbidden, and no one may be molested or questioned simply for holding a certain belief.
Article 24: Publications, the press and the Media in general have freedom of expression except when it is detrimental to the fundamental principles of honour, reason, fairness and the dignity of others. The details of this exception will be specified by law.
Article 25: The inspection of letters, the recording and disclosure of telephone conversations, the disclosure of telegraphic, telex, Internet and other such communications electronic or otherwise, censorship of these, or the willful failure to transmit these, eavesdropping, and all forms of covert investigation, surveillance, and the collection and storage of personal information which undermine or may impugn the personal honour of an individual, are forbidden. This Article applies to any and all government organizations and officials as well as to all individuals and all organizations whether public or private.
Article 26: The formation of organizations, societies, political or professional associations, as well as religious societies, whether Folk Culture based or otherwise, or pertaining to one of the recognized religious minorities, are permitted provided they do not violate the principles of reason, fairness and personal honour. No one may be prevented from participating in the aforementioned groups, or be compelled to participate in them.
Public meetings, gatherings and marches may be freely held, provided they are orderly and respectful of the rights of others.
Article 27: Every citizen of the nation has the right to possess weapons - including firearms - for the purpose of self-defence, to keep these weapons in their homes, and to bear or carry these weapons in public. In respect of firearms, the bearing and carrying of these weapons in public is permitted and encouraged provided they are hand-held weapons which for their operation and use require the use of one hand only, and provided these weapons are openly displayed and not concealed.
Article 28: Everyone has the right to choose any occupation they wish, if it is not contrary to Folk Culture and the public interests, and does not infringe the rights of others.
The government has the duty, with due consideration of the need of society for different kinds of work, to provide every citizen of the nation with the opportunity to work, and to create equal conditions for obtaining it.
Article 29: To benefit from social security with respect to retirement, unemployment, old age, disability, absence of a guardian, and benefits relating to being stranded, accidents, health services, and medical care and treatment, provided through Insurance or other means, is accepted as a universal right.
The government must provide the foregoing services and financial support for every individual citizen by drawing, in accordance with the law, on the State revenues and funds obtained through public contributions.
Article 30: The government must provide all citizens with free-education up to secondary school, and must expand free higher education to the extent required by the nation for attaining self-sufficiency.
Article 31: It is the right of every individual and family to possess housing commensurate with his needs. The government must make land available for the implementation of this article, according priority to those whose need is greatest.
Article 32: No one may be arrested except by the order and in accordance with the procedure laid down by law. In case of arrest, no person may be handcuffed or otherwise forcefully restrained unless three senior officers of the law judge there to be serious risk to the lives of those making the arrest, with the officers so making this judgement being personally accountable in a court of law for this decision with the person so arrested having the right to sue those officers for compensation if that person believes they have been treated unjustly, such a case to be heard by a competent court. Such compensation, if so awarded by a competent court, must be paid by the officers themselves. In the case of arrest, charges with the reasons for accusation must, without delay, be communicated and explained to the accused in writing, and a provisional dossier must be forwarded to the competent judicial authorities within a maximum of twenty-four hours so that the preliminaries to the trial can be completed as swiftly as possible.
The violation of this article will be liable to punishment in accordance with the law.
Article 33: No one can be banished from their place of residence, prevented from residing in the place of his choice, or compelled to reside in a given locality, except in cases provided by law.
Article 34: It is the indisputable right of every citizen to seek justice by recourse to competent courts. All citizens have right of access to such courts, and no one can be barred from courts to which they a legal right of recourse.
It is the indisputable right of every citizen of the nation to demand, in lieu of a civil or criminal trial in a court of law, a trial by combat, or duel, in order to prove their innocence of any accusations made against them, with such combats undertaken according to the rules of personal combat as specified by law, and with such duels undertaken according to the established etiquette of duelling, with the duel being recognized in law as an honourable way of settling personal disputes. Provided a combat is undertaken according to the rules of personal combat and a duel undertaken according to the etiquette of duelling, any combatant or duellist who injures or kills any other combatant or duellist will not be liable to arrest, and not contravene any law.
Article 35: Both parties to a lawsuit have the right in all courts of law to select a lawyer, and if they are unable to do so, arrangements must be made to provide them with legal counsel.
Article 36: The passing and execution of a sentence must be only by a competent court and in accordance with law.
Article 37: Innocence is to be presumed, and no one is to be held guilty of a charge unless his or her guilt has been established by a competent court. No one, charged with any offence, will be liable to confinement or imprisonment, pending trial, unless a competent court, consisting of three judges, decides, after hearing evidence, that there is a serious risk of the person committing a more serious offence than that person is or will be charged with committing. The risk of the person arrested fleeing the country is not a lawful reason to deny bail.
Should a person be so confined or imprisoned, the trial must be held within one month, failing which the person must be granted bail. Any person confined or imprisoned, whether before a trial or after, must be treated with dignity, and their personal honour respected.
The criteria for passing sentence is that penalties should be compensatory, rather than punitive, with fines, compensation to the victim or victims, and work of benefit to the community having priority over confinement or imprisonment. The maximum sentence of confinement or imprisonment, whatever the circumstances or the offence, is one year. A serious offence is to be punished by permanent exile; a lesser offence may be punished by exile for three years.
Every person sentenced by a competent court in accordance with law to
confinement or imprisonment for a term exceeding six months must be given
the option of freely leaving the territory of the nation. Those who so
accept such exile from the nation will for the rest of their lives forfeit
their citizenship of the nation and for the rest of their lives not be
permitted to return to the territory of the nation for even one day. The
death penalty is forbidden.
Article 38: All forms of torture for the purpose of extracting confession or acquiring information are forbidden. Compulsion of individuals to testify, confess, or take an oath is not permissible; and any testimony, confession, or oath obtained under duress is devoid of value and credence. Violation of this article is liable to punishment in accordance with the law.
Article 39: All affronts to the dignity, honour and repute of persons arrested, detained, imprisoned, or exiled in accordance with the law, whatever form they may take, are forbidden and liable to punishment.
Article 40: No one is entitled to exercise their rights in a way injurious to others, or detrimental to public interests, where injurious to others includes impugning the honour of others.
Article 41: Citizenship of the nation is not a right, but a privilege which must be earned by individuals proving, through service to the nation and their community, that they are worthy of this privilege. This privilege can be earned through individuals undertaking three years of military service. Once given, the government cannot withdraw citizenship from any citizen unless the citizen requests it, or acquires the citizenship of another country, or has their citizenship revoked through seeking exile.
Article 42: Foreign nationals may acquire citizenship of the
nation within the framework of the law. Citizenship may be withdrawn from
such persons if they request it, or their citizenship becomes revoked because
of exile.
Article 43: The economy of the nation, with its objectives of achieving the economic independence of the society, uprooting poverty and deprivation, and fulfilling human needs in the process of development while preserving human honour and liberty, and respecting Nature, is based on the following principles:
The state sector is to include all large-scale and mother industries, foreign trade, banking, insurance, power generation, waterways, radio and television, post, telegraph, telephone, electronic and other communication services, aviation, shipping, roads, railways and such other facilities necessary to the community as a whole; all these will be publicly owned and administered by the State.
The cooperative sector is to include cooperative companies and enterprises concerned with production and distribution, in urban and rural areas, in accordance with Folk Culture criteria.
The private sector consists of those activities concerned with agriculture, animal husbandry, industry, trade, and services that supplement the economic activities of the state and cooperative sectors.
Ownership in each of these three sectors is protected by the laws of the nation, in so far as this ownership is in conformity with the other articles of this chapter, does not go beyond the bounds of Folk Culture law, contributes to the economic growth and progress of the nation, and does not harm the folk and the land itself.
The exact scope of each of these sectors, as well as the regulations and conditions governing their operation, will be specified by law.
Article 45: Public wealth and property, such as uncultivated or abandoned land, mineral deposits, seas, lakes, rivers and other public waterways, mountains, valleys, forests, marshlands, natural forests, unenclosed pastureland, legacies without heirs, property of undetermined ownership, shall be at the disposal of the nation for it to utilize and/or protect in accordance with the public interest and the principles and ideals of Folk Culture. Law will specify detailed procedures for the utilization of each of the foregoing items.
Article 46: Everyone is the owner of the fruits of their legitimate business and labour, and no one may deprive another of the opportunity of business and work under the pretext of their own right to ownership.
Article 47: Private ownership, legitimately acquired, is to be respected. The relevant criteria are determined by law.
Article 48: There must be no discrimination among the various provinces with regard to the management of natural resources, utilization of public revenues, and distribution of economic activities among the various provinces and regions of the nation, thereby ensuring that every region has access to the necessary capital and facilities in accordance with its needs, capacity for growth and respect for Nature.
Article 49: The government has the responsibility of confiscating all wealth accumulated through usury, bribery, embezzlement, theft, speculation, misuse of endowments, misuse of government contracts and transactions, the sale of uncultivated lands and other resources subject to public ownership, the operation of centres of corruption, and other illicit means and sources, and restoring it to its legitimate owner; and if no such owner can be identified, it must be entrusted to the public treasury. This rule must be executed by the government with due care, after investigation and furnishing necessary evidence in accordance with the principles of honour and reason.
Article 50: The preservation of the environment, important to the present as well as to future generations, is regarded as a public duty of the Folk. Economic and other activities that inevitably involve pollution of the environment or cause irreparable damage to it are forbidden.
Article 51: No form of taxation may be imposed except in accordance with the law. Provisions for tax exemption and reduction will be determined by law.
Article 52: The annual budget of the nation will be made by the government, in the manner specified by law, and submitted to the Folk Consultative Assembly for discussion and approval. Any change in the figures contained in the budget will be in accordance with the procedures prescribed by law.
Article 53: All sums collected by the government will be deposited into the government accounts at the central treasury, and all disbursements, within the limits of allocations approved, shall be made in accordance with law.
Article 54: The National Accounting Agency is to be directly under the supervision of the Folk Consultative Assembly. Its organization and mode of operation in the capital of the nation and at the provincial capitals, are to be determined by law.
Article 55: The National Accounting Agency will inspect and audit,
in the manner prescribed by law, all the accounts of ministries, government
institutions and companies as well as other organizations that draw, in
any way, on the general budget of the country, to ensure that no expenditure
exceeds the allocations approved and that all sums are spent for the specified
purpose. It will collect all relevant accounts, documents, and records,
in accordance with law, and submit to the Folk Consultative Assembly a
report for the settlement of each year's budget together with its own comments.
This report must be made available to the public.
Article 56: Absolute power over the world and human beings belongs to Nature, and it is Nature which has determined our destiny. No one person can deprive human beings of this natural destiny, which is to further our evolution by adhering to and developing those things which make us human: our reason, our honour, our fairness, our diversity of culture, our quest for excellence. Neither can this destiny be subordinated to the vested interests of a particular individual or group. The folk alone are to exercise this right and cultivate this destiny in the manner specified in the following articles.
Article 57: The powers of government in the nation are vested in the legislature, the judiciary, and the executive powers, functioning under the supervision of the Leader of the folk, acting in accordance with the following articles of this Constitution. These powers are independent of each other.
Article 58: The function of the legislature are to be exercised through the Folk Consultative Assembly, consisting of the elected representatives of the people. Legislation approved by this body, after going through the stages specified in the articles below, is communicated to the executive and the judiciary for implementation.
Article 59: In extremely important economic, political, social, and cultural matters, the function of the legislature may be exercised through direct recourse to popular vote through a referendum. Any request for such direct recourse to public opinion must be approved by two-thirds of the members of the Folk Consultative Assembly.
Article 60: The functions of the executive, except in the matters that are directly placed under the jurisdiction of the Leader by the Constitution, are to be exercised by the president and the ministers.
Article 61: The function of the judiciary are to be performed
by courts of justice, which are to be formed in accordance with the criteria
of Folk Culture [personal honour, loyalty, duty to the folk, and excellence
of personal character], and are vested with the authority to examine and
settle lawsuits, protect the rights of the public, dispense and enact justice,
and implement the principles and ideals of Folk Culture.
Article 62: The Folk Consultative Assembly is constituted by the representatives of the people elected directly and by secret ballot. The qualifications of voters and candidates, as well as the nature of election, will be specified by law.
Article 63: The term of membership in the Folk Consultative Assembly is four years. Elections for each term must take place before the end of the preceding term, so that the nation is never without an Assembly.
Article 64: The number of members of the Folk Consultative Assembly must be in keeping with human, political, geographic, territorial and other factors, and may increase from time to time if these factors change in a significant way, the number of this increase to be determined by the Folk Consultative Assembly.
Peoples of other officially recognized religions will each elect at least two representatives each, the exact number to be determined by law.
The limits of the election constituencies and the number of representatives will be determined by law.
Article 65: After the holding of elections, sessions of the Folk Consultative Assembly are considered legally valid when two-thirds of the total number of members are present. Drafts and bills will be approved in accordance with the code of procedure approved by it, except in cases where the Constitution has specified a certain quorum.
The consent of two-thirds of all members present is necessary for the approve of the code of procedure of the Assembly.
Article 66: The manner of election of the Speaker and the Presiding Board of the Assembly, the number of committees and their term of office, and matters related to conducting the discussions and maintaining the discipline of the Assembly will be determined by the code of procedure of the Assembly.
Article 67: Members of the Assembly must take the following oath at the first session of the Assembly and affix their signatures to its text:
I swear on my honour to protect Folk Culture and guard this homeland; to protect, as a just trustee, the honour bestowed upon me by the people, to observe reason in fulfilling my duties as people's representative; to remain always committed to the independence and honour of this country; to fulfil my duties towards the nation and toward the people; to defend the Constitution; and to bear myself, in speech, in writing, in the expression of my views, and in both public and private, in an honourable and dignified way.Members belonging to the religious minorities will swear by their own sacred books while taking this oath, and may omit "to protect Folk Culture".
Members not attending the first session will perform the ceremony of taking the oath at the first session they attend.
Article 68: In time of war and the military occupation of the country, elections due to be held in occupied areas or countrywide may be delayed for a specified period if proposed by the President, and approved by three-fourths of the total members of the Folk Consultative Assembly, with the endorsement of the Guardian Council. If a new Assembly is not formed, the previous one will continue to function.
Article 69: The deliberations of the Folk Consultative Assembly must be open, and full minutes of them made available to the public by radio, television, and/or other means of mass communication, and the official gazette. A closed session may be held in emergency conditions, if it is required for national security, upon the requisition of the President, one of the ministers, or ten members of the Assembly. Legislation passed at a closed session is valid only when approved by three-fourths of the members in the presence of the Guardian Council. After emergency conditions have ceased to exist, the minutes of such closed sessions, together with any legislation approved in them, must be made available to the public.
Article 70: The President, his deputies and the ministers have the right to participate in the open sessions of the Assembly either collectively or individually. They may also have their advisers accompany them. If the members of the Assembly deem it necessary, the ministers are obliged to attend. Conversely, whenever they request it, their statements are to be heard.
Article 71: The Folk Consultative Assembly can establish laws on all matters, within the limits of its competence as laid down in the Constitution.
Article 72: The Folk Consultative Assembly cannot enact laws contrary to Folk Culture or to the Constitution. It is the duty of the Guardian Council to determine whether a violation has occurred, in accordance with Article 96.
Article 73: The interpretation of ordinary laws falls within the competence of the Folk Consultative Assembly. The intent of this Article does not prevent the interpretations that judges may make in the course of their judgements.
Article 74: Government bills are presented to the Folk Consultative Assembly after receiving the approval of the Council of Ministers. Members' bills may be introduced in the Folk Consultative Assembly if sponsored by at least fifteen members.
Article 75: Members' bills and proposals and amendments to governments bills proposed by members that entail the reduction of the public income or the increase of public expenditure may be introduced in the Assembly only if means for compensating for the decrease in income or for meeting the new expenditure are also specified.
Article 76: The Folk Consultative Assembly has the right to investigate and examine all the affairs of the country.
Article 77: International treaties, protocols, contracts, and agreements must be approved by the Folk Consultative Assembly.
Article 78: All changes in the boundaries of the nation are forbidden, with the exception of minor amendments in keeping with the interests of the country, on condition that they are not unilateral, do not encroach on the independence and territorial integrity of the country, and receive the approval of four-fifths of the total members of the Folk Consultative Assembly.
Article 79: The proclamation of martial law is forbidden. In case of war or emergency conditions akin to war, the government has the right to impose temporarily certain necessary restrictions, with the agreement of the Folk Consultative Assembly. In no case can such restrictions last for more than thirty days; if the need for them persists beyond this limit, the government must obtain new authorization for them from the Assembly.
Article 80: The taking and giving of loans or grants, domestic and foreign, by the government, must be approved by the Folk Consultative Assembly.
Article 81: The granting of concessions to non-citizens of the Folk who reside outside the boundaries of the nation for the formation of companies or institutions dealing with commerce, industry, agriculture, services or extraction of whatever kind from the earth, is absolutely forbidden, as is the buying and selling of land within the territory of the Folk by non-citizens of the nation whether those non-citizens are resident in the Folk or not.
Article 82: The employment of any kind of expert or consultant who are not citizens of the Folk and who do not reside within the boundaries of the nation is forbidden, except in cases of absolute necessity and with the approval of the Folk Consultative Assembly.
Article 83: Government buildings and properties forming part of the national heritage cannot be transferred except with the approval of the Folk Consultative Assembly; that, too, is not applicable in the case of irreplaceable treasures.
Article 84: Every representative is responsible to the entire nation and its folk and has the right to express his views on all internal and external affairs of the country.
Article 85: The right of membership is vested with the individual, and is not transferable to others. The Assembly cannot delegate the power of legislation to an individual or committee. But whenever necessary, it can delegate the power of legislating certain laws to its own committees, in accordance with Article 72. In such a case, the laws will be implemented on a tentative basis for a period specified by the Assembly, and their final approval will rest with the Assembly.
Likewise, the Assembly may, in accordance with Article 72, delegate to the relevant committees the responsibility for permanent approval of articles of association of organizations, companies, government institutions, or organizations affiliated to the government and or invest the authority in the government. In such a case, the government approvals must not be inconsistent with the principles and commandments of the official religion in the country and or the Constitution which question shall be determined by the Guardian Council in accordance with what is stated in Article 96. In addition to this, the government approvals shall not be against the laws and other general rules of the country and, while calling for implementation, the same shall be brought to the knowledge of the Speaker of the Folk Consultative Assembly for is study and indication that the approvals in question are not inconsistent with the aforesaid rules.
Article 86: Members of the Assembly are completely free in expressing their views and casting their votes in the course of performing their duties as representatives, and they cannot be prosecuted or arrested for opinions expressed in the Assembly or votes cast in the course of performing their duties as representatives.
Article 87: The President must obtain, for the Council of Ministers, after being formed and before all other business, a vote of confidence from the Assembly. During his incumbency, he can also seek a vote of confidence for the Council of Ministers from the Assembly on important and controversial issues.
Article 88: Whenever at least one-fourth of the total members of the Folk Consultative Assembly pose a question to the President, or any one member of the Assembly poses a question to a minister on a subject relating to their duties, the President or the minister is obliged to attend the Assembly and answer the question. This answer must not be delayed more than one month in the case of the President and ten days in the case of the minister, except with an excuse deemed reasonable by the Folk Consultative Assembly.
Article 89:
Article 91: With a view to safeguard the Folk Culture ordinances and the Constitution, in order to examine the compatibility of the legislation passed by the Folk Consultative Assembly with Folk Culture, a council to be known as the Guardian Council is to be constituted with the following composition:
Article 93: The Folk Consultative Assembly does not hold any legal status if there is no Guardian Council in existence, except for the purpose of approving the credentials of its members and the election of the six jurists on the Guardian Council.
Article 94: All legislation passed by the Folk Consultative Assembly must be sent to the Guardian Council. The Guardian Council must review it within a maximum of ten days from its receipt with a view to ensuring its compatibility with the criteria of Folk Culture and the Constitution. If it finds the legislation incompatible, it will return it to the Assembly for review. Otherwise the legislation will be deemed enforceable.
Article 95: In cases where the Guardian Council deems ten days inadequate for completing the process of review and delivering a definite opinion, it can request the Folk Consultative Assembly to grant an extension of the time limit not exceeding ten days.
Article 96: The determination of compatibility of the legislation passed by the Folk Consultative Assembly with the laws of Folk Culture rests with the majority vote of the combat veterans on the Guardian Council; and the determination of its compatibility with the Constitution rests with the majority of all the members of the Guardian Council.
Article 97: In order to expedite the work, the members of the Guardian Council may attend the Assembly and listen to its debates when a government bill or a members' bill is under discussion. When an urgent government or members' bill is placed on the agenda of the Assembly, the members of the Guardian Council must attend the Assembly and make their views known.
Article 98: The authority of the interpretation of the Constitution is vested with the Guardian Council, which is to be done with the consent of three-fourths of its members.
Article 99: The Guardian Council has the responsibility of supervising the elections of the Assembly for Leadership, the President of the Folk, the Folk Consultative Assembly, and the direct recourse to popular opinion and referenda.
Article 100: In order to expedite social, economic, development, public health, cultural, and educational programs and facilitate other affairs relating to public welfare with the cooperation of the people according to local needs, the administration of each village, division, city, municipality, and province will be supervised by a council to be named the Village, Division, City, Municipality, or Provincial Council. Members of each of these councils will be elected by the people of the locality in question.
Qualifications for the eligibility of electors and candidates for these councils, as well as their functions and powers, the mode of election, the jurisdiction of these councils, the hierarchy of their authority, will be determined by law, in such a way as to preserve folk unity, territorial integrity, the Folk Culture system of the nation, and the sovereignty of the central government.
Article 101: In order to prevent discrimination in the preparation of programmes for the development and welfare of the provinces, to secure the cooperation of the people, and to arrange for the supervision of coordinated implementation of such programmes, a Supreme Council of, the Provinces will be formed, composed of representatives of the Provincial Councils.
Law will specify the manner in which this council is to be formed and the functions that it is to fulfil.
Article 102: The Supreme Council of the Provinces has the right within its jurisdiction, to draft bills and to submit them to the Folk Consultative Assembly, either directly or through the government. These bills must be examined by the Assembly.
Article 103: Provincial governors, city governors, divisional governors, and other officials appointed by the government must abide by all decisions taken by the councils within their jurisdiction.
Article 104: In order to ensure Folk equity and cooperation and to bring about harmonious progress and development, industrial, commercial, educational and agricultural, councils consisting of the representatives of the workers, employees, and managers, will be formed in all such areas and in all other areas contributing to the prosperity and well-being of the nation.
The mode of the formation of these councils and the scope of their 'functions and powers, are to be specified by law.
Article 105: Decisions taken by the councils must not be contrary to the criteria of Folk Culture and the laws of the country.
Article 106: The councils may not be dissolved unless they deviate from their legal duties. The body responsible for determining such deviation, as well as the manner for dissolving the councils and re-forming them, will be specified by law.
Should a council have any objection to its dissolution, it has the right to appeal to a competent court, and the court is duty-bound to examine its complaint.
Article 107: The task of appointing the Leader of the Folk shall be vested with the Assembly for Leadership, consisting of Elders, and Military Veterans, elected by the people. These will review and consult among themselves concerning all those possessing the qualifications specified in Articles 5 and 109. In the event they find one of these better versed in Folk Culture, in gallantry, in political and social issues, or possessing special leadership qualities for any of the qualifications mentioned in Article 109, they shall elect him as the Leader. Otherwise, in the absence of such a superiority, they shall elect and declare one of themselves as the Leader. The Leader thus elected by the Assembly for Leadership shall assume all the powers of Leader and all the responsibilities arising therefrom.
The Leader is equal with the rest of the people of the country in the eyes of law.
Article 108: The law setting out the number and qualifications of the Elders and Veterans mentioned in the preceding article, the mode of their election, and the code of procedure regulating the sessions during the first term must be drawn up by the Combat Veterans on the first Guardian Council, passed by a majority of votes and then finally approved by the Leader of the Folk. The power to make any subsequent change or a review of this law, or approval of all the provisions concerning the duties of the Elders and Veterans is vested in themselves.
Article 109: Following are the essential qualifications and conditions for the Leader:
In the event of the death, or resignation or dismissal of the Leader, the Elders and Veterans shall take steps within the shortest possible time for the appointment of the new Leader. Till the appointment of the new Leader, a council consisting of the President, head of the judicial power, and a combat veteran from the Guardian Council, upon the decision of the Folk Council, shall temporarily take over all the duties of the Leader. In the event, during this period, any one of them is unable to fulfil his duties for whatsoever reason, another person, upon the decision of majority of combat veterans in the Folk Council shall be elected in his place.
This council shall take action in respect of items 1,3,5, and 10, and sections d,e and f of item 6 of Article 110, upon the decision of three-fourths of the members of the Folk Council.
Whenever the Leader becomes temporarily unable to perform the duties of leadership owing to his illness or any other incident, then during this period, the council mentioned in this Article shall assume his duties.
Article 112: Upon the order of the Leader, the Folk Council shall meet at any time the Guardian Council judges a proposed bill of the Folk Consultative Assembly to be against the principles of Folk Culture or the Constitution, and the Assembly is unable to meet the expectations of the Guardian Council. Also, the Council shall meet for consideration on any issue forwarded to it by the Leader and shall carry out any other responsibility as mentioned in this Constitution.
The permanent and changeable members of the Folk Council shall be appointed by the Leader. The rules for the Council shall be formulated and approved by the Council members subject to the confirmation by the Leader.
Article 113: After the office of Leader, the President is the highest official in the country. His is the responsibility for implementing the Constitution and acting as the head of the executive, except in matters directly concerned with (the office of) the Leadership.
Article 114: The President is elected for a four-year term by the direct vote of the people. His re-election for a successive term is permissible only once.
Article 115: The President must be elected from among religious and political personalities possessing the following qualifications:
The same racial origin as the Folk ("the community"; the Folk community); citizen of the Folk ("the nation"); administrative capacity and resourcefulness; personal honour; convinced belief in the fundamental principles of Folk Culture.
Article 116: Candidates nominated for the post of President must declare their candidature officially. Law lays down the manner in which the President is to be elected.
Article 117: The President is elected by an absolute majority
of votes polled by the voters. But if none of the candidates is able to
win such a majority In the first round, voting will take place a second
time on Friday of the following week. In the second round only the two
candidates who received greatest number of votes in the first round will
participate. If, however, some of the candidates securing greatest votes
in the first round withdraw from the elections, the final choice will be
between the two candidates who won greater number of votes than all the
remaining candidates.
Article 118: Responsibility for the supervision of the election, of the President lies with the Guardian Council, as stipulated in Article 99. But before the establishment of the first Guardian Council, however, it lies with a supervisory body to be constituted by law.
Article 119: The election of a new President must take place no later than one month before the end of the term of the outgoing President. In the interim period before the election of the new President and the end of the term of the outgoing President, the outgoing President will perform the duties of the, President.
Article 120: In case any of the candidates whose suitability is established in terms of the qualifications listed above should die within ten days before polling day, the elections will be postponed for two weeks. If one of the candidates securing greatest number of votes dies in the intervening period between the first and second rounds of voting, the period for holding (the second round of) the election will be extended for two weeks.
Article 121: The President must take the following oath and affix his signature to it at a session of the Folk Consultative Assembly in the presence of the head of the judicial power and the members of the Guardian Council:
I, as President, swear, on my honour in the presence of the people of this Folk, that I will guard the official way of life of the Folk, the order of the nation and the Constitution of the nation; that I will devote all my capacities and abilities to the fulfillment of the responsibilities that I have assumed; that I will dedicate myself to the service of the people, the honour of the country, the propagation of Folk Culture, the ideal of personal honour, and the support of truth and justice; that I will protect the freedom and dignity of all citizens and the rights that the Constitution has accorded the people; that in guarding the frontiers and the political, economic, and cultural independence of the nation I will not shirk any necessary and honourable measure; that I will guard, as a selfless and honourable trustee, the authority vested in me by the people as a sacred trust, and transfer it to whomever the people may elect after me.Article 122: The President, within the limits of his powers and duties, which he has by virtue of this Constitution or other laws, is responsible to the people, the Leader and the Folk Consultative Assembly.
Article 123: The President is obliged to sign legislation approved by the Assembly or the result of a referendum, after the (related) legal procedures have been completed and it has been communicated to him. After signing, he must forward it to the responsible authorities for implementation.
Article 124: The President may have deputies for the performance of his constitutional duties.
With the approval of the President, the first deputy of the President shall be vested with the responsibilities of administering the affairs of the Council of Ministers and coordination of functions of other deputies.
Article 125: The President or his legal representative has the authority to sign treaties, protocols, contracts, and agreements concluded by the Folk government with other governments, as well as agreements pertaining to international organizations, after obtaining the approval of the Folk Consultative Assembly.
Article 126: The President is responsible for national planning and budget and state employment affairs and may entrust the administration of these to others.
Article 127: In special circumstances, subject to approval of the Council of Ministers the President may appoint one or more special representatives with specific powers. In such cases, the decisions of his representative(s) will be considered as tee same as those of the President and the Council of Ministers.
Article 128: The ambassadors shall be appointed upon the recommendation of the foreign minister and approval of the President. The President signs the credentials of ambassadors and receives the credentials presented by the ambassadors of the foreign countries.
Article 129: The award of state decorations is a prerogative of the President.
Article 130: The President shall submit his resignation to the Leader and shall continue performing his duties until his resignation is not accepted.
Article 131: In case of death, dismissal, resignation, absence, or illness lasting longer than two months of the President, or when his term in office has ended and a new president has not been elected due to some impediments, or similar other circumstances, his first deputy shall assume, with the approval of the Leader, the powers and functions of the President. The Council, consisting of the Speaker of the Folk Consultative Assembly, head, of the judicial power, and the first deputy of the President, is obliged to arrange for a new President to be elected within a maximum period of fifty days. In case of death of the first deputy to the President, or other matters which prevent him to perform his duties, or when the President does not have a first deputy, the Leader shall appoint another person in his place.
Article 132: During the period when the powers and responsibilities of the President are assigned to his first deputy or the other person in accordance with Article 131, neither can the ministers be interpolated nor can a vote of no-confidence be passed against them. Also, neither can any step be undertaken for a review of the Constitution, nor a national referendum be held.
Article 133: Ministers will be appointed by the President and will be presented to the Assembly for a vote of confidence. With the change of Assembly, a new vote of confidence will not be necessary. The number of ministers and the jurisdiction of each will be determined by law.
Article 134: The President is the head of the Council of Ministers. He supervises the work of the ministers and takes all necessary measures to coordinate the decisions of the government. With the cooperation of the ministers, he determines the programme and policies of the government and implements the laws.
In the case of discrepancies, or interferences in the constitutional duties of the government agencies, the decision of the Council of Ministers at the request of the President shall be binding provided it does not call for an interpretation of or modification in the laws.
The President is responsible to the Assembly for the actions of the Council of Ministers.
Article 135: The ministers shall continue in office unless they are dismissed, or given a vote of no-confidence by the Assembly as a result of their petition, or a motion for a vote of no- confidence against them.
The resignation of the Council of Ministers, or that of each of them shall be submitted to the President, and the Council of Ministers shall continue to function until such time as the new government is appointed.
The President can appoint a caretaker for a maximum period of three months for the ministries having no minister.
Article 136: The President can dismiss the ministers and in such a case he must obtain a vote of confidence for the new minister(s) from the Assembly. In case half of the members of the Council of Ministers are changed after the government has received its vote of confidence from the Assembly, the government must seek a fresh vote of confidence from the Assembly.
Article 137: Each of the ministers is responsible for his duties to the President and the Assembly, but in meters approved by the Council of Ministers as a whole, he is also responsible for the actions of the others.
Article 138: In addition to instances in which the Council of Ministers or a single minister is authorized to frame procedures for the implementation of laws, the Council of Ministers has the right to lay down rules, regulations, and procedures for performing its administrative duties, ensuring the implementation of laws, and setting up administrative bodies. Each of the ministers also has the right to frame regulations and issue circular in matters within his jurisdiction and in conformity with the decisions of the Council of Ministers. However, the content of all such regulations must not violate the letter or the spirit of the law.
The government can entrust any portion of its task to the commissions composed of some ministers. The decisions of such commissions within the rules will be binding after the endorsement of the President.
The ratification and the regulations of the government and the decisions of the commissions mentioned under this Article shall also be brought to the notice of the Speaker of the Folk Consultative Assembly while being communicated for implementation so that in the event he finds them contrary to law, he may send the same stating the reason for reconsideration by the Council of Ministers.
Article 139: The settlement, of claims relating to public and state property or the referral thereof to arbitration is in every case dependent on the approval of the Council of Ministers, and the Assembly must be informed of these matters. In cases where one party to the dispute is a foreigner, as well as in important cases that are purely domestic, the approval of the Assembly must also be obtained. Law will specify the important cases intended here.
Article 140: Allegations of common crimes against the President, his deputies, and the ministers will be investigated in common courts of justice with the knowledge of the Folk Consultative Assembly.
Article 141: The President, the deputies to the President, ministers, and government employees cannot hold more than one government position, and it is forbidden for them to hold any kind of additional post in institutions of which all or a part of the capital belongs to the government or public institutions, to be a member of the Folk Consultative Assembly, to practice the profession of lawyer or legal adviser, or to hold the post of president, managing director, or membership of the board of directors of any kind of private company, with the exception of cooperative companies affiliated to the government departments and institutions.
Teaching positions in universities and research institutions are exempted from this rule.
Article 142: The assets of the Leader, the President, the deputies to the President, and ministers, as well as those of their spouses and offspring, are to be examined before and after their term of office by the head of the judicial power, in order to ensure they have not increased in a fashion contrary to law.
Article 143: The Army of the Folk is responsible for guarding the independence and territorial integrity of the country, as well as the order of the nation.
Article 144: The Army of the Folk must be a Folk Culture Army, that is, committed to Folk Culture and to their own people and culture, and must recruit into its service individuals who have faith in the objectives of Folk Culture, who are honourable and who are devoted to the cause of realizing the goals of Folk Culture.
Article 145: No non-citizen of the nation will be accepted into the Army or security forces of the nation.
Article 146: The establishment of any kind of foreign military base in the nation, even for peaceful purposes, is forbidden.
Article 147: In time of peace, the government can utilize the personnel and technical equipment of the Army in relief operations, and for educational and productive ends, while fully observing the criteria of Folk Culture justice and ensuring that such utilization does not harm the combat-readiness of the Army.
Article 148: All forms of personal use of military vehicles, equipment, and other means, as well as taking advantage of Army personnel as personal servants and chauffeurs or in similar capacities, are forbidden.
Article 149: Promotions in military rank and their withdrawal take place in accordance with the law.
Article 150: A Folk Guards Corps is to be organized and maintained so that it may fulfil its role of guarding the nation and its achievements, and of building the foundation for a new civilization. The scope of the duties of this Corps, and its areas of responsibility, in relation to the duties and areas of responsibility of the other armed forces, are to be determined by law, with emphasis on comradeship, the pursuit of excellence and training in the Arts of civilization.
Article 151: In accordance with the principles of Folk Culture,
the government is obliged to provide a programme of military training,
with all requisite facilities, for all its citizens, in accordance with
Folk Culture criteria, in such a way that all citizens will always be able
to engage in the armed defence of the nation.
Article 152: The foreign policy of the nation is based upon the rejection of all forms of tyrannical and dishonourable domination, both the exertion of it and submission to it, on the preservation of the independence of the nation in all respects and its territorial integrity, the defence of the rights of all citizens, non-alignment with respect to other power-blocks, and the maintenance of mutually peaceful relations with all non-belligerent States.
Article 153: Any form of agreement resulting in foreign control over the natural resources, economy, army, or culture of the nation, as well as other aspects of the national life, is forbidden.
Article 154: The Folk Community, or nation, has as its ideal a reasoned understanding and world-wide cooperation based upon an tolerant acceptance of racial and cultural diversity and difference, and considers the attainment of cultural and racial independence, freedom, and the rule of justice and truth to be the right of all people and all cultures of the world. Accordingly, while refraining from all forms of interference in the internal affairs of other nations and States, it supports the just struggles of oppressed peoples and cultures against ignoble oppressors in every part of the world.
Article 155: The government of the Folk may grant political asylum to those, of any race and culture, who seek it provided they adhere to the laws of the nation and provided they agree not to engage in activities which might endanger the security and safety of the nation.
Article 156: The judiciary is an independent power, the protector of the rights of the individual and society, responsible for the implementation of justice, and entrusted with the following duties:
Article 158: The head of the judiciary branch is responsible for the following:
Article 160: The Minister of Justice owes responsibility in all matters concerning the relationship between the judiciary, on the one hand, and the executive and legislative branches, on the other hand. He will be elected from among the individuals proposed to the President by the head of the judiciary branch.
The head of the judiciary may delegate full authority to the Minister of Justice in financial and administrative areas and for employment of personnel other than judges in which case the Minister of Justice shall have the same authority and responsibility as those possessed by the other ministers in their capacity as the highest ranking government executives.
Article 161: The Supreme Court is to be formed for the purpose of supervising the correct implementation of the laws by the courts, ensuring uniformity of judicial procedure, and fulfilling any other responsibilities assigned to it by law, on the basis of regulations to be established by the head of the judicial branch.
Article 162: The chief of the Supreme Court and the Prosecutor-General must both have served at least five years in the Armed Forces and be well versed in judicial matters. They will be nominated by the head of the judiciary branch for a period of five years, in consultation with the judges of the Supreme Court.
Article 163: The conditions and qualifications to be fulfilled by a judge will be determined by law, in accordance with the criteria of reason, honour and fairness.
Article 164: A judge cannot be removed, whether temporarily or permanently, from the post he occupies except by trial and proof of his guilt, or in consequence of a violation entailing his dismissal. A judge cannot be transferred or redesignated without his consent, except in cases when the interest of society necessitates it, that too, with the decision of the head of the judiciary branch after consultation with the chief of the Supreme Court and the Prosecutor General. The periodic transfer and rotation of judges will be in accordance with general regulations to be laid down by law.
Article 165: Trials are to be held openly and members of the public may attend without any restriction; unless, in case of private disputes, both the parties request not to hold open hearing.
Article 166: The verdicts of courts must be well reasoned out and documented with reference to the articles and principles of the law in accordance with which they are delivered.
Article 167: The judge is bound to endeavour to judge each case on the basis of the codified law. In case of the absence of any such law, he has to deliver his judgement on the basis of reason and honour. He, on the pretext of the silence of or deficiency of law in the matter, or its brevity or contradictory nature, cannot refrain from admitting and examining cases and delivering his judgement.
Article 168: Political and press offences will be tried openly and in the presence of a jury, in courts of justice. The manner of the selection of the jury, its powers, and the definition of political offences, will be determined by law in accordance with Folk Culture criteria.
Article 169: No act or omission may be regarded as a crime with retrospective effect on the basis of a law framed subsequently.
Article 170: Judges of courts are obliged to refrain from executing statutes and regulations of the government that are in conflict with the laws or the norms of Folk Culture, or lie outside the competence of,the executive power. Every citizen has the right to demand the annulment of any such regulation from the Court of Administrative Justice.
Article 171: Whenever an individual suffers moral or material loss as the result of a default or error of the judge with respect to the subject matter of a case or the verdict delivered, or the application of a rule in a particular case, the defaulting judge must stand surety for the reparation of that loss in accordance with Folk Culture criteria, if it be a case of default. Otherwise, losses will be compensated for by the State. In all such cases, the repute, honour and good standing of the accused will be restored.
Article 172: Military courts will be established by law to investigate crimes committed in connection with military or security duties by members of the Army, the Armed Forces the police, and the Folk Guards Corps. They will be tried in public courts, however, for common crimes or crimes committed while serving the department of justice in executive capacity. The office of military prosecutor and the military courts form part of the judiciary and are subject to the same principles that regulate the judiciary.
Article 173: In order to investigate the complaints, grievances, and objections of the people with respect to government officials, organs, and statutes, a court will be established to be known as the Court of Administrative Justice under the supervision of the head of the judiciary branch. The jurisdiction, powers, and mode of operation of this court will be laid down by law.
Article 174: In accordance with the right of the judiciary to supervise the proper conducting of affairs and the correct implementation of laws by the administrative organs of the government, an organization I will be constituted under the supervision of the head of the judiciary branch to be known as the National General Inspectorate. The powers and duties of this organization will be determined by law.
Article 175: The freedom of expression and dissemination of thoughts and ideas on Radio, via Television and other Media of communication, both public and private, within the nation, is guaranteed if it is keeping with principles and ideals of honour, reason, fairness and duty to the folk.
The appointment and dismissal of the heads of Media networks, of Radio, Television and other means of mass-communication within the nation rests with the Leader. A council consisting of two representatives each of the President, the head of the judiciary branch and the Folk Consultative Assembly shall supervise the functioning of this organization.
The policies and the manner of managing the organization and its supervision will be determined by law.
Article 176: In order to safeguard the nation, territorial integrity and national sovereignty, a Supreme Council for National Security presided over by the President shall be constituted to fulfil the following responsibilities:
Commensurate with its duties, the Supreme Council for National Security shall form sub-councils such as Defence Sub-council and National Security Sub-council. Each Sub-council will be presided over by the President or a member of the Supreme Council for National Security appointed by the President.
The scope of authority and responsibility of the Sub-councils will be determined by law and their organizational structure will be approved by the Supreme Council for National Defence.
The decisions of the Supreme Council for National Security shall be
effective after the confirmation by the Leader.
Article 177: The contents of the above Articles of the Constitution are unalterable. The Constitution may be added to if future circumstances demand it provided such additions do not alter or amend or nullify in any way whatsoever any of the above Articles.
Additions to the Constitution require The Leader to issue an edict to the President after consultation with the Folk Council stipulating the additions to be made by the Council for Revision of the Constitution which consists of:
1.Members of the Guardian Council.
2.Heads of the three branches of the government.
3.Permanent members of the Folk Council.
4.Five members from among the Assembly for Leadership.
5.Ten representatives selected by the Leader.
6.Three representatives from the Council of Ministers.
7.Three representatives from the judiciary branch.
8.Ten representatives from among the members of
the Folk Consultative Assembly.
9.Three representatives from among the officer corps
of the Armed Forces.
The method of working, manner of selection and the terms and conditions
of the Council shall be determined by law.
Appendix I: The Way of the Folk
The fundamental tenets, or principles, of this way of life (or religion) are:
1) That there exists a supra-human Being - called the Cosmic Being - and that this Cosmic Being creates, or can create, Order from Chaos. Order is the very life of this Being. Order itself is a new, a better, more evolved, or more excellent, arrangement of things.
2) That organic life itself is an expression, or manifestation, of the Order which this Cosmic Being creates, and is thus an expression of the life, the spirit, of this Being.
3) That change is a natural part of the evolution of Order from Chaos and that this, for organic life, involves the organic process of birth-life-death-renewal.
4) That death is not the final end of life, but the beginning of further change, a renewal of the cosmic order itself.
5) That what we call Nature is the Cosmic Being - the Order created by this Being - made manifest on this planet we call Earth. The creative force, or energy, which is present in Nature, and which produces, and causes changes in, living things - including ourselves - is this Cosmic Being, living and evolving, that is, creating more Order.
6) That we, as individuals, are this Cosmic Being - the very cosmos itself - made manifest. We sentient (that is, conscious and aware) beings are the striving of the Cosmic Being for more cosmic Order.
7) That our evolution, as human beings, is an increase in the cosmic Order and expresses the purpose, the life, or the will of the Cosmic Being. Thus the striving, or struggle, for order (or excellence) - for evolution toward higher forms - here on this planet, is how the Cosmic Being works on this planet of ours, and is thus natural and necessary, for without it, there would be no order and no evolution toward higher forms.
8) That the Cosmic Being exists, or functions, in us through honour (or fairness), through curiosity (or reason) and through striving (or the triumph of individual will).
Thus, an honourable individual is someone who is doing the will, or accomplishing the work, of this divine Cosmic Being.
9) That culture, race and excellence of individual character express the will of this divine Being - of this Being working through Nature to bring about more Order, more diversity and more difference through evolution.
Thus, culture is one way in which this Cosmic Being is manifest to us, as human beings on this planet of ours. Culture thus expresses the essence of our humanity - of what makes us human. To preserve, and to further evolve, each culture - and to seek to allow these cultures to change - is to act in accord with the will, the purpose, of the divine creator, while to undermine or seek to destroy culture and cultural difference and diversity, is to act against the will of the divine creator. Each unique culture can and should evolve, according to its own unique nature: each unique culture should have the freedom to develop of itself.
A culture is a combination of : (1) the unique customs, outlook, traditions and achievements of a particular community, group, people or society, with this community, group, people or society sharing a common racial heritage; and (2) having a certain civilized way of life - the way of manners, reason, fairness, honour, and excellence. Culture is essentially an expression of our humanity - of what makes us human, and different from animals. A cultured person is thus a person who is civilized, and who possesses a sense of identity - who belongs to a particular culture and who lives the way of life of that culture.
10) That the human species has been given a special mission by the Cosmic Being who has endowed this species, through Nature and through evolution, with a character which is representative of the divine Being itself.
This character is expressed in our honour, curiosity and striving, and is made manifest by the civilization which humans create when they live according to their divine nature.
The unique and special Destiny of the human species is to bring the
divine light of diverse civilizations into the world, and to spread this
light - the honour and the reason of civilization - out into the cosmos
itself by venturing forth to explore and colonize the star-systems of the
cosmos.
Appendix II: The Code of Honour
The word of a man of honour is his bond - when a man of honour gives his word ("On my word of honour...") he means it, since to break one's word is a dishonourable act. An oath of loyalty or allegiance to someone, once sworn by a man of honour ("I swear by my honour that I shall...") can only be ended either: (i) by the man of honour formally asking the person to whom the oath was sworn to release him from that oath, and that person agreeing so to release him; or (ii) by the death of the person to whom the oath was sworn. Anything else is dishonourable.
A man of honour is prepared to do his honourable duty by challenging to a duel anyone who impugns his honour or who makes dishonourable accusations against him. Anyone so challenged to a duel who, refusing to publicly and unreservedly apologize, refuses also to accept such a challenge to a duel for whatever reason, is acting dishonourably, and it is right to call such a person a coward and to dismiss as untruthful any accusations such a coward has made. Honour is only satisfied - for the person so accused - if he challenges his accuser to a duel and fights it; the honour of the person who so makes such accusations or who so impugns another man's honour, is only satisfied if he either unreservedly apologizes or accepts such a challenge and fights such a duel according to the etiquette of duelling. A man of honour may also challenge to a duel and fight in such a duel, a person who has acted dishonourably toward someone whom the man of honour has sworn loyalty or allegiance to or whom he champions.
A man of honour always does the duty he has sworn to do, however inconvenient it may be and however dangerous, because it is honourable to do one's duty and dishonourable not to do one's duty. A man of honour is prepared to die - if necessary by his own hand - rather than suffer the indignity of having to do anything dishonourable. A man of honour can only surrender to or admit to defeat by someone who is as dignified and as honourable as he himself is - that is, he can only entrust himself under such circumstances to another man of honour who swears to treat his defeated enemy with dignity and honour. A man of honour must die fighting, or die by his own hand, rather than subject himself to the indignity of being defeated by someone who is not a man of honour.
A man of honour treats others courteously, regardless of their culture, religion and race, and women gallantly, and is only disdainful and contemptuous of those who, by their attitude, actions and behaviour, treat him with disrespect or try to harm him, or who treat with disrespect or try to harm those he has personally sworn loyalty to or whom he champions.
A man of honour, when called upon to act, or when honour bids him to act, acts without hesitation and if necessarily quite ruthlessly provided always that honour is satisfied.
A man of honour, in public, is somewhat reserved and controlled and not given to displays of emotion, or to boasting, preferring as he does deeds to words.
A man of honour does not lie, once having sworn on oath ("I swear on my honour that I shall speak the truth...") as he does not steal from others or cheat others for such conduct is dishonourable. A man of honour may use guile or cunning to deceive his sworn enemies, and his sworn enemies only, provided always that he does not personally benefit from such guile or cunning and provided always that honour is satisfied.
A man of honour strives to dress in a clean, discreet way in practical clothes devoid of ostentation and suitable to the task in hand.
Appendix III: Folk Culture Law
The Principles of Folk Culture Law
I: The first, and fundamental, principle of Folk Culture law is that there are only honourable and dishonourable deeds, with dishonourable deeds being the concern of Folk Culture laws. That is, there is no concept of "crime" as "crime" is now understood in modern societies. Folk Culture laws thus define what is dis-honourable.
II: The second principle of Folk Culture law is that the penalties for committing dishonourable deeds should be compensatory, rather than punitive, and involve: (1) exile of those found guilty of dishonourable conduct; (2) compensation by the guilty person, in goods, or money, of the victim of the dishonourable deed, or of the family/relatives of the victim. If the person found guilty of having committed a dishonourable deed or deeds has little or no goods or money then they can give their labour for a specified period.
Imprisonment is reserved for serious deeds of dishonour and should never exceed a period of one year, with all those sentenced to imprisonment being given the option of exile instead. As an alternative to all the foregoing, a penalty of work serving the community for a fixed period of not more than six months is permissible.
Only these types of penalties are permitted by Folk Culture law, for only these are honourable, fair and just. The death penalty is expressly forbidden.
Exile can be of two kinds: Greater Exile, where the person is exiled from the homeland for the rest of their life; or Lesser Exile, where the person is exiled for a period of three years.
Someone who has been exiled is an outlaw: outside the protection of Folk Culture law.
III: The third principle of Folk Culture law is that an accusation of dishonourable conduct - that is, of someone doing a deed which has been defined, in law, as dishonourable - must be made: (a) in person by either the victim of such a deed, or by the family/relatives of the victim; and (b) in public, in front of several witnesses.
That is, Folk Culture law is concerned only with dishonourable actions between individuals: with deeds which are actually done in real life and which affect an individual or individuals. Thus, there is not and can never be, in Folk Culture law: (a) any prosecution of a person by some "Institution" or Government or officials of these; (b) any prosecution for something which has not been committed; (c) any such thing as a dishonourable deed committed against some "Institution" or some "Government": that is, no such thing as a "crime" against the State. For a deed to be a "crime" according to the law of Folk Culture, there must have been a deed or deeds done by one or more individuals against one or more other, named, and known, individuals, with the deed or deeds being recognized as dishonourable in nature.
There is thus no such thing as "conspiracy" in Folk Culture law, just as individuals cannot be prosecuted for "intending" to commit a dishonourable deed.
What must be proved in a Folk Culture Court of Law is that the accused
did do the dishonourable deed they are accused of. An intention to commit
such a deed is not and never can be contrary to Folk Culture law.
IV: The fourth principle of Folk Culture law is that every individual has the right to defend themselves, their family, and those to whom that individual has sworn, before witnesses, an Oath of Loyalty, and the right to use lethal force in such defence.
Should an individual or individual be harmed or injured in such defence, then it is the right, of that individual to seek redress from the individual who has harmed or injured them. Should an individual be killed in such defence, then the family/relatives of that individual have the right of redress.
This redress consists either of accusing, in public, the person of dishonourable
conduct, or of a direct challenge to a duel or a trial by combat.
V: The fifth principle of Folk Culture law is that disputes between individual - involving injury or any other matter - may be settled through either a duel between the individuals involved, or by a trial by combat between those involved.
That is, it is a fundamental right, and duty, of the individual to be responsible for themselves, their family, and those given an Oath of Loyalty, and to seek, if necessary, personal vengeance and satisfaction, through a duel or trial by combat. Justice, for Folk Culture law, is a matter of honour and of being seen to be fair.
What matters, what is important, for Folk Culture law is the personal honour of the individual and the right, and duty, of the individual to defend their own honour. This right and duty cannot be taken away from the individual by, for example, the State, for that would be contrary to Folk Culture law, a denial of the freedom of the individual based as this freedom is on personal honour, and personal responsibility to defend that honour.
Folk Culture law thus accepts that a duel, or a trial by combat, is an honourable way of settling disputes between individuals.
In the matter of duels and trial by combat, Folk Culture law specifies that there must be an independent referee, Umpire or judge, at least two independent witnesses, and that such duels and trials be conducted in an honourable way according to custom. Folk Culture law affirms that should any person be injured or killed in such a duel or trial by combat then that is their own responsibility. That is, Folk Culture law considers such duels and such combats - when performed honourably according to custom - as honourable deeds.
VI: The sixth principle of Folk Culture law is that anyone publicly accused of a dishonourable deed or deeds has a right to either challenge the person making the accusation to a duel, or of accepting a trial in a Folk Culture Court of Law.
Should the person so making the accusation agree to a duel, then the
matter is considered settled, according to Folk Culture law, by the outcome
of that duel provided it is done in an honourable way.
VII: The seventh principle of Folk Culture law is that an individual accused of any dishonourable deed or deeds, who has accepted a trial in a Folk Court of Law, can either elect to have their case heard, in public, with witnesses called, or elect for a public trial by combat between the accused and a member or relative of the family of the person who has made the accusation.
It is up to the Court to ensure that such a combat is fair: that is, that the two combatants are fairly evenly matched in skill and physical strength.
If the accused accepts a public Court, then they are bound by the verdict
of that Court. That is, there is no appeal. Thus, if the accused is found
guilty, then they must accept exile, or pay whatever compensation is demanded
by the Court. According to Folk Culture law, failure to pay such compensation
within the time specified by the Court means the immediate exile of the
person, with the type of exile being decided by the Court.
VIII: The eighth principle of Folk Culture law is that a public trial involves an accusation made by one individual against another individual before a Jury of twelve honourable individuals, with their being a presiding Judge. It is the duty of the Jury to judge the case on the evidence of independent witnesses, and after hearing arguments from the accused and the person who has brought the charge. The accusation must be supported by the evidence of independent witnesses: if there is no such evidence, the case is dismissed. It is the duty of the Judge to pass sentence according to the principles of Folk Culture law.
Thus, according to Folk Culture law, the people who should prosecute a case, and who should defend an accusation, are either the two individuals involved - accused and accuser - or members/relatives of their families. That is, someone accused of some dishonourable deed or deeds must either defend themselves in such a Court, or have a member/relative of their family do this. The same applies for the person bringing or making the accusation: they should if possible present their own case, or have a member/relative of their family present it.
It is also the duty of the person who believes a dishonourable deed has been done to them - or the members/relatives of their family - to find and accuse the person responsible, if such a person has not been seen and identified during the deed, and to find any witnesses to the deed.
Folk Culture law thus does not accept the absolute necessity of "professional lawyers" or "solicitors", regarding such a necessity as dishonourable and a negation of the liberty of the individual. All the proceedings should be understandable by ordinary people, and involve only the direct evidence of witnesses, whether or not a deed is dishonourable according to Folk Culture law, and whether or not such a deed has been done by the accused.
An independent witness is defined in Folk Culture law as a person who is not a member or relative of either the person accused or of the injured party, and who is not bound by an Oath of Allegiance to either the accused or the injured party, or to any member of their families.
Both the Judge and Jurors at such a trial must also be independent by
the same criteria, with both Judge and Jurors expected to have proved and
be known for their honour by their deeds, their work, their service to
the community.
IX: The ninth principle of Folk Culture law is that if a person who has suffered a dishonourable deed according to Folk Culture law has no living family members or relatives, then it is the duty of an honourable person in the community to act on their behalf, and so find and accuse the person they believe is responsible if that honourable person sees such a deed committed, or sincerely and justly believes that a dishonourable deed has been committed.
The person who so begins to act is bound by the rules of Folk Culture law: that is, they must present the case themselves, and can be challenged to a duel or a trial by combat by the person they accuse.
This honourable duty of acting on behalf of a person who has no living
family members or relatives, or whose family members or relatives cannot
be traced, or who for some honourable reason such as infirmity or sickness,
cannot act on their behalf, may be undertaken by a public official appointed
to undertake such duties, with this official being publicly known for their
honour by their deeds, their work, their service to and on behalf of the
community.