Fundamental Law of Ventora

The Fundamental Law of Ventora (: Ley Fundamental de Ventora) is the body of law that forms the for the  of Ventora. Comprised of several documents, it is a in that it also includes various  that have evolved over time, particularly since the  system was overlayed over the monarchy in 1964. The earliest documents date from 959 with the formation of the Kingdom of Ventora, making Ventora's fundamental law one of the oldest s on Vanatas. Fundamental law takes precedence over all other laws in the country.

Background
Ventora, as a state, traces its lineage back to the formation of the kingdom in 959. Haksarad proposed bringing the Coasta] and Montañan Confederations together as a kingdom in tribute. To realize this, the Haksar emperor issued the Charter of Tribute on June 9, 959, which became the legal basis for the kingdom. The southwest Alutran dukes agreed, signing the Concords of Plenas on August 17, 959. The Concords ratified the Charter of Tribute, identified the kingdom as Ventora, and recognized the kingdom as tribute to Haksarad on behalf of the duchies. The Concords also dissolved the confederations.

After the death of Clemente I, Ventora's first king, disagreement over who should succeed him resulted in the War of Ventoran Succession in 972. The war was short and resulted in Florencio I, Clemente's son, retaining the throne. Florencio issued the Mandate of Sovereignty on October 30, 972. The Mandate specified the manner of succession to the throne and prescribed fealty of the dukes to the monarch.

The next expansion of the kingdom's constitutional framework did not occur until March 21, 1282. The Cannon of Obligations set forth certain rights and duties for the nobility as well as for the monarch. The Cannon is largely considered to be the impediment to King Seve II desire to force the continuation of Watanese tribute through military means. After Ventora's provincial general Pruspes Quixada lost the duel of 1328 to Watan's Prince Fábio, ending the tributary relationship, the Cannon allowed the dukes to decline Seve's requests to raise armies to fight a war of aggression. Beginning in the 19th century, the Cannon has been expanded to include rights and duties for all citizens.

First issued February 15, 1673, the Precepts Concerning the Nation defined the branches of government. On May 12, 1740, the Haksar emperor issued the Release from the Charter of Tribute and Writ of Permanence. The Release ended Ventora's tributary status, recognized its independence, and, most importantly, formally recognized the kingdom's permanence and foundation as dating from 959. The Release is an official constitutional document due to its being countersigned by Ventora's king and ceremoniously ratified by the dukes.

King Florián III and the entire royal family perished in the royal train derailment at Lorqui in September 1961. A succession crisis resulted and degraded into the War of the Three Capitals which lasted until October 1964. The Protocols of State, an addendum to the Treaty of Terelle which ended the war, provided the most significant changes to Ventora's constitutional structures since its founding. Provisions in the Protocols modify or supersede portions of the Precepts Concerning the Nation, with a number of additions, without actually changing the Precepts. These changes established the permanent elected regency in lieu of the monarch and defined the commonwealth system of governance as an overlay to the kingdom.

Due to the lack of personal fealty to a monarch on the part of the dukes, and owing to the societal changes of modernity, a 1978 amended the Precepts to ensure elected heads of government in each of the duchies. Although the dukes remain hereditary heads of state for their duchies, the role is substantially ceremonial with large portions of governance now within the purview of the elected governor or equivalent.

Components
Comprised of several documents, the Fundamental Law of Ventora is an. It has evolved over time and, although largely written, includes some unwritten established practices that have become accepted through tradition.

Concords of Plenas
Signed in 959, the Concords of Plenas is the oldest Ventoran document in the country's body of constitutional law. The Concords accomplished the following:
 * Ratified the Haksar Charter of Tribute, thereby giving it legal status in Ventora, and accepting the kingdom's tributary relationship to Haksarad
 * Defined the kingdom, with the name of Ventora, as comprising the domains of the signatories, each whom became dukes considered equal in their peerage
 * Abolished the Coastal and Montaňan Confederations, transferring their rights and obligations to the kingdom
 * Set Plenas as the kingdom's capital
 * Elevated Clemente I as the king to be considered as "first among equals" not unlike the grandees of the confederations

Mandate of Sovereignty
King Florencio I issued the Mandate of Sovereignty following the War of Ventoran Succession in 972. In it, he established the:
 * Monarchy's position as sovereign over the kingdom
 * Fealty of the dukes to the king
 * Manner of succession to the throne on the basis of
 * Separation of the Duchy of Plenas (today the Duchy of Arava) from the personal holdings of the monarch
 * Indivisibility of the realm

Canon of Obligations
The original Canon of Obligations, issued by Queen Emiliana in 1282, established the Grand Council of the Realm, now the Grand Council of State and the country's upper house of parliament. In modern times, the Canon provides for basic rights of citizens as well as their obligations to the state and commonwealth.

Originally the document set out the obligations of nobles to provide service to their superiors to whom they owed fealty. Chief among these was the obligation of military service. Others included the maintenance of peace and order, provision of duties (taxes and tariffs), and loyalty to the courts and their superiors. The Canon also obligated the monarch to rule fairly, ensure the fair and timely administration of justice, permit freedom of religion and movement, and favor unencumbered commerce throughout the realm.

Additions to the Canon over time have extended the rights of nobles first to freemen and then to all citizens as well as the codification of additional rights and obligations. These include universal suffrage under the three-tier franchise and the obligation to vote, universal literacy, access to healthcare, freedom of non-treasonous expression and of the press, right to fair working conditions in any occupation for which qualified, and equality before the law. In 1978, access to reasonable shelter and sustenance were added as proclaimed rights.

Precepts Concerning the Nation
In 1673, the Precepts Concerning the Nation defined the framework for the kingdom in relation to its duchies and formalized the role of the judiciary and parliament. Over time, it has been refined to safeguard the confederal nature of the duchies amongst themselves and with the national government, ensure the autonomous authority of the duchies, and provide for the roles of governance at the state level. The Precepts consist of three chapters.

Nature of the Realm
This chapter defined the position and authority of the monarch and what we now call the of government. It also provides for the duchies, including the sanctity of their boundaries, their relationships with each other, and their roles as confederal components of the. Each duchy had a charter issued to it by the king which recognizes its frontiers and jurisdiction. An amendment in 1978 required the regent to issue new charters to the duchies to uniformly establish an elected head of government in all duchies. Although dukes continue to inherit their role as head of state through, their authorities are largely, though not entirely, ceremonial in similar fashion to the regent at the national level.

In particular, the Precepts reserve to the national government authorities in foreign relations, matters of trade and commerce, defense of the realm, and to ensure the common good. Initially, the king also had primacy in matters not specifically allocated to the duchies, but this was reversed by amendment in 1809 while preserving any existing laws and practices.

Duchies are largely self-governing otherwise. The chapter also establishes counties and municipalities, including cities and towns, as subordinate jurisdictions to duchies. Each duchy is free to set the prerogatives of counties and municipalities, however.

Nature of the Judiciary
Initially, the chapter on the judiciary reiterated the precepts of due process and proportional justice and establishes the. It ensured the duchies were free to administer justice within their borders so long as the courts treated citizens of other duchies the same as citizens of the duchy in which the court sat.

For the realm, separate courts were organized to hear matters of civil, criminal, and commercial law. Decisions of the lower courts could be appealed to a King's Court, to be seated as needed. Later amendments made the King's Court permanent in 1815 and it became the State Supreme Court in 1964. Other amendments structured the court system into courts of inquiry for minor offenses and courts of justice for serious matters, later adding high courts of justice for appeals.

Nature of Parliament
Initially, this chapter expanded the Grand Council of the Realm from the 26 dukes to 52 nobles. The dukes serve as life members while the other 26 nobles are elected by the nobility. It also established the People's Assembly to represent all freemen at a ratio of one assemblyman for each 50,000 freemen. The first meeting sat 488 assemblymen. The chapter also defined the legislative process as permitting introduction of a bill in either house but requiring passage in both houses and assent of the monarch before the bill became law. The legislative process did not preclude the monarch from issuing edicts with the force of law, however.

A 1740 amendment gave the parliament the authority to overrule edicts by the monarch on a two-thirds majority in both houses. The amendment also granted members of parliament immunity from prosecution for non-capital crimes and non-treasonous speech as part of their official duties.

Release from the Charter
Officially titled the Release from the Charter and Writ of Permanence, the Release formally ended Ventora's tribute to Haksarad. Technically a bilateral agreement, the Release is incorporated as a constitutional document by virtue of having been countersigned by the 26 reigning dukes as ratification in 1740. The document affirms the Kingdom of Ventora as dating from 959 and recognizes both its independence and permanence. Although not constitutional in nature, the Release also granted Ventora continued favored relations with Haksarad.

Protocols of State
An addendum to the Treaty of Terelle signed in 1964, the Protocols of State instituted the commonwealth form of government as an overlay for the kingdom. Provisions established:
 * Elected regency in lieu of the monarch, including
 * Qualifications, manner of election, and term of office
 * Authorities, duties, and privileges
 * Governor general as head of government and "arbitrator and moderator of the organs of governance." The governor general:
 * Is appointed by the regent and confirmed by the Grand Council of State
 * Appoints candidates for commissioners (heads of cabinet-level government departments) with consent of the Grand Council of State and assent of the regent
 * Oversees day-to-day governance
 * Fixed the People's Assembly at 780 members to be elected from geographically contiguous districts apportioned generally equally among the total population

While not directly amending the Precepts Concerning the Nation, the Protocols supersede relevant elements in the Precepts. As a result, a conflict between the Precepts and the Protocols is usually resolved in favor of the latter. Over the last half century, convention has evolved to attribute some former roles of the monarch to either the regent or the governor general when those roles were not specifically allocated under the Protocols.

Amendments
The Charter of Tribute and Release from the Charter, as foreign or bilateral documents, are not subject to amendment. The Mandate of Sovereignty has never been amended although some aspects of it have been superseded. It has become a long-standing understanding the Mandate will not be altered even if a clause is rendered obsolete.

Several revisions have been made to the Canon of Obligations and the Precepts Concerning the Nation over time. Changes have been incorporated in a variety of ways since there is no established amendment process. Interestingly, the most significant modification to the Precepts was accomplished through the Protocols of State which stands as a separate document rather than actually revising the Precepts themselves. As a result, numerous articles in the Precepts have been superseded or invalidated despite appearing unchanged in the document. This results in a not infrequent need for judicial review or interpretation of effects on the Precepts by the Protocols.

There has not been an adjustment to the constitutional documents since the 1978 amendment to the Precepts regarding duchy charters. Accepted convention suggests modifications should be accomplished in a manner similar to changes in various organic laws. Most of these, which establish authorities for commissions and other government agencies, require two-thirds votes in both houses of parliament, as well as approval of the governor general and assent by the regent, for revision.