Celestial Constitution of the Celestial Empire of the Great Ming

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天 朝 憲 典
Tiān Cháo Xian Dian


THE CELESTIAL CONSTITUTION

of the

CELESTIAL EMPIRE OF THE GREAT MING



Promulgated under the Mandate of Heaven

By Her Celestial Majesty Ai

Empress of the Great Ming, Daughter of Heaven, Lady of Ten Thousand Years



The Fifteenth Day of July, in the Second Year of the Celestial Restoration, Two Thousand and Eight

PREAMBLE​

We, the people of the Celestial Empire, heirs to the most ancient continuous civilisation known to Heaven and Earth, recall with pride that our forebears were first among nations to give the world the gifts of paper, printing, the compass, and gunpowder — and first to establish the principle that those who rule do so not by mere force, but by the Mandate of Heaven, which is granted to the virtuous and withdrawn from the corrupt.

We recall, too, the suffering endured during two centuries of decline: the humiliations imposed from without, the oppressions inflicted from within, the famines born of misgovernance, and the silencing of our people’s voice. These sufferings we declare shall never be repeated.

We therefore, through our Empress and the institutions of the Celestial Empire, ordain and establish this Constitution as the Supreme Law of the Realm, binding upon the Dragon Throne, the Grand Chancellery, the Legislative Yuan, the Judicial Yuan, and every official and subject within All Under Heaven.

This Constitution is founded upon four pillars:

1. The Mandate of Heaven — that legitimate authority flows from virtuous governance in service of the people;

2. The Rights of the People — that every person born or resident within the Celestial Empire possesses inherent dignities which no power may abridge;

3. The Rule of Law — that all persons and institutions, save only the Empress as the source of the Mandate itself, are bound by and subject to the law;

4. Civilisational Continuity — that the wisdom of five thousand years shall guide but never imprison our future.

PART I — THE FOUNDATION OF THE CELESTIAL EMPIRE​

Chapter 1 — The Nature of the Realm​

Article 1 — The Celestial Empire

The Celestial Empire of the Great Ming (天朝大明; Tian Chao Da Ming) is a constitutional monarchy, governed under this Constitution and the Mandate of Heaven, comprising all territories administered by the Celestial Government as well as those territories which are recognised as part of All Under Heaven.

Article 2 — Sovereignty

Sovereignty over the Celestial Empire is vested in the people and exercised through the Dragon Throne in accordance with this Constitution. The Mandate of Heaven requires that the Empress govern at all times in the interest of the people and in accordance with virtue, law, and justice.

Article 3 — The Capital

The Imperial Capital of the Celestial Empire is the city of Beijing (北京; Beijing), also known as the Northern Capital. The Dragon Throne resides within the Forbidden City. The seat of the Legislative Yuan shall be in the Imperial Capital. The Grand Chancellery may convene in such other locations as the Grand Chancellor may determine.

Article 4 — The National Symbols

The Imperial Banner of the Celestial Empire, the Seal of the Dragon Throne, the Imperial Anthem, and such other symbols as may be prescribed by Imperial Decree shall be the national symbols of the Celestial Empire.

Article 5 — The Supremacy of the Constitution

This Constitution is the supreme law of the Celestial Empire. Any law, decree, regulation, or act that is inconsistent with this Constitution is, to the extent of the inconsistency, void. All persons and institutions are bound by and subject to this Constitution, save only the Empress, whose authority derives from the Mandate of Heaven and who therefore stands above the Constitution whilst remaining bound by the obligations of virtue, justice, and the welfare of the people from which that Mandate flows.

Article 6 — The Three Teachings

The Celestial Empire recognises the Three Teachings — Confucianism, Buddhism, and Taoism — as the spiritual and philosophical foundations of Chinese civilisation. The State shall respect and protect these traditions and all other lawful religious and spiritual practices, but shall not establish any single religion as a state religion, nor shall it compel any person to adhere to any faith.

Chapter 2 — The Dragon Throne​

Article 7 — The Empress

The Celestial Empire is governed by the Empress of the Great Ming, who holds the title Daughter of Heaven (天之女; Tian zhi Nu) and Lady of Ten Thousand Years (萬歲夫人; Wansui Furen). The Empress is the Head of State, Supreme Commander of the Celestial Army, and the sole and unchallengeable holder of the Mandate of Heaven.

Article 8 — Imperial Immunity

The Empress, as the Daughter of Heaven and the living embodiment of the Mandate, is absolutely immune from legal process of any kind. No court, tribunal, commission, or other body within or outside the Celestial Empire shall have jurisdiction over the person of the Empress. No civil or criminal proceedings may be instituted or continued against the Empress during her reign or thereafter in respect of any act done in her capacity as Empress. This immunity is an inseparable attribute of the Mandate of Heaven and may not be waived, limited, or abrogated by any instrument, including this Constitution.

Notwithstanding the foregoing immunity, the Empress is bound by the constitutional obligations of her office. The Mandate of Heaven is not a grant of unconditional power but a sacred trust: it is conferred upon the virtuous ruler who governs for the welfare of the people, and it endures only so long as those obligations are honoured. The Empress is therefore constitutionally obliged to exercise her powers in accordance with the principles of virtue, justice, and the welfare of the people as set out in this Constitution; to perform the duties assigned to the Dragon Throne under this Constitution, including the convening of the Imperial Mandate Address, the promulgation of lawfully enacted legislation, and the maintenance of the institutions of the realm; and to refrain from any act that would betray the trust reposed in the Dragon Throne by Heaven and by the people. These obligations are binding in conscience and by the ancient compact between the Throne and All Under Heaven. This Constitution establishes no punitive or removal mechanism in respect of the Empress; the enforcement of these obligations rests instead upon the moral authority of the Mandate itself and the judgement of Heaven.

Article 9 — Imperial Succession

The Imperial Throne shall pass according to the following rules:

1. The Empress shall designate an heir by Imperial Decree, styled the Crown Princess or Crown Prince;

2. In the absence of a designated heir, succession shall pass to the eldest child of the Empress, or in the absence of children, to the nearest adult member of the Great Ming as determined by the Imperial Household;

3. An heir must be of the blood of the Great Ming and at least eighteen years of age, or in the case of a minor heir, a Regency Council shall govern until the heir attains majority;

4. The Prefectural Yuan must ratify any succession that falls outside the rules set forth in this Article by a two-thirds majority.

Article 10 — Imperial Powers

The Empress exercises the following constitutional powers:

1. To promulgate and sign into law all legislation passed by the Legislative Yuan, or to withhold assent;

2. To appoint and dismiss the Grand Chancellor of State at her sole discretion;

3. To appoint and dismiss any Minister at her sole discretion, on the recommendation of the Grand Chancellor or independently;

4. To issue Imperial Decrees on matters of State;

5. To declare a State of National Urgency under the conditions set forth in Part IV of this Constitution;

6. To command the Celestial Army;

7. To grant pardons and commutations of sentence;

8. To confer imperial honours;

9. To accredit and receive ambassadors and diplomatic envoys.

Article 11 — Constitutional Limits on Imperial Power

Notwithstanding the foregoing, the Dragon Throne observes the following constitutional limits:

1. The Empress shall not rule by decree in any matter for which this Constitution assigns legislative authority to the Legislative Yuan, except in a declared State of National Urgency;

2. The Empress shall not suspend, abridge, or override any right guaranteed in Part II of this Constitution;

3. The Empress shall not commit the Celestial Army to offensive operations abroad without legislative approval, except in response to an imminent attack upon the realm;

4. The Empress shall not engage in commercial activity for personal profit.

Article 12 — The Imperial Mandate Address

Once per year, the Empress shall convene an Imperial Mandate Address, in which she shall report to the Legislative Yuan, the officials of the realm, and the people upon the state of the Celestial Empire and outline her intentions for the year to come. The Address shall be broadcast to the people without alteration.

PART II — THE RIGHTS OF THE PEOPLE​

The rights enumerated in this Part are guaranteed to all persons within the jurisdiction of the Celestial Empire. These rights may be restricted only by law, only to the extent necessary in a society founded upon virtue and justice, and never so as to impair their essential content. The burden of justifying any restriction upon these rights rests always upon the State.

Chapter 3 — Dignity​

Article 13 — Human Dignity

The dignity of every person is inviolable. It shall be respected and protected. No law, decree, or act of any official may treat any person as less than fully human.

Article 14 — The Right to Life

Every person has the right to life. No person may be arbitrarily deprived of their life. Capital punishment may be imposed only upon conviction by a competent court for the most serious offences as defined by law, following a fair trial with full rights of appeal. No person may be subjected to torture, cruel, inhuman, or degrading treatment or punishment, whether by a State actor or with the acquiescence of the State.

Article 15 — The Right to Integrity of the Person

Every person has the right to physical and mental integrity. In the fields of medicine and science, every person must give free and informed consent before any intervention is performed upon them. No person shall be subjected to eugenic practices. No person’s body or its parts shall be used for financial gain. No person shall be subjected to reproductive cloning.

Article 16 — Prohibition of Slavery and Forced Labour

No person shall be held in slavery or servitude. No person shall be required to perform forced or compulsory labour. Human trafficking in any form is prohibited and shall be punished as a serious criminal offence.

Nothing in this Article shall be construed to prohibit work required of a person as a consequence of a lawful sentence of imprisonment imposed by a competent court, provided that such work is remunerated at a rate prescribed by law, is not degrading in character, and does not exceed reasonable working hours as defined by law.

Chapter 4 — Freedoms​

Article 17 — The Right to Liberty and Security

Every person has the right to liberty and security. No person shall be deprived of their liberty except in the following cases and in accordance with procedures established by law:

1. Lawful detention following conviction by a competent court;

2. Lawful arrest or detention on reasonable suspicion of having committed an offence, or to prevent flight after commission of an offence;

3. Lawful detention to prevent the spread of infectious disease, or on grounds of unsoundness of mind, in accordance with law;

4. Lawful detention for the purpose of deportation or extradition.

Every person deprived of their liberty shall be informed promptly, in a language they understand, of the reasons for their detention. Every person arrested shall be brought before a judge without delay, and every person detained shall be entitled to trial within a reasonable time or to release pending trial. Every person deprived of their liberty unlawfully has the right to compensation.

Article 18 — Respect for Private Life

Every person has the right to respect for their private and family life, their home, and their communications. No interference with the exercise of this right is permitted except in accordance with law and where necessary in a democratic society for the protection of national security, public safety, the prevention of disorder or crime, the protection of health or morals, or the protection of the rights of others.

Article 19 — Protection of Personal Data

Every person has the right to the protection of personal data concerning them. Such data must be processed fairly, for specified purposes, and with the consent of the person concerned or on another legitimate basis laid down by law. Every person has the right of access to data collected about them and the right to have incorrect data rectified. An independent authority shall supervise compliance with these rights.

Article 20 — Freedom of Thought, Conscience, and Religion

Every person has the right to freedom of thought, conscience, and religion. This right includes the freedom to change religion or belief, and the freedom to manifest religion or belief in worship, teaching, practice, and observance, individually or in community with others, in public or in private. No person may be compelled to act against their conscience. No person may be harassed, discriminated against, or punished on account of their religion, belief, or conscience.

Article 21 — Freedom of Expression

Every person has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority. The exercise of this freedom, carrying with it duties and responsibilities, may be subject only to such formalities, conditions, restrictions, or penalties as are prescribed by law and are necessary in a society committed to virtue and justice, in the interests of national security, territorial integrity, or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, or for preventing the disclosure of information received in confidence.

Article 22 — Freedom of Assembly and Association

Every person has the right to freedom of peaceful assembly and to freedom of association with others, including the right to form and join trade unions for the protection of their interests. No restrictions shall be placed on the exercise of these rights other than those prescribed by law and necessary in the interests of national security or public safety, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.

Article 23 — Freedom of the Arts and Sciences

The arts and scientific research shall be free. Academic freedom is guaranteed. The Celestial Empire shall respect the rights of cultural, religious, and linguistic communities, and shall support the flourishing of Chinese and all other cultures within the realm.

Article 24 — Right to Education

Every person has the right to education and to have access to vocational and continuing training. The right to receive free primary and secondary education is guaranteed. The Imperial Examination system shall be open to all, regardless of background. Parents have the right to ensure the education of their children in conformity with their own religious, philosophical, and pedagogical convictions.

Article 25 — Freedom to Choose an Occupation

Every person has the right to engage in work and to pursue a freely chosen or accepted occupation. Every person of the Celestial Empire has the freedom to seek employment, to work, to exercise the right of establishment, and to provide services throughout the territory of the Empire.

Article 26 — Freedom to Conduct a Business

The freedom to conduct a business in accordance with law is recognised and protected. The State shall foster conditions in which private enterprise may flourish, and shall not engage in commercial activities that unduly compete with private businesses except where the public interest requires.

Article 27 — The Right to Property

Every person has the right to own, use, dispose of, and bequeath lawfully acquired property. No person may be deprived of their property except in the public interest and in the cases and under the conditions provided by law, subject to fair and timely compensation. Property may be regulated by law in so far as is necessary for the general interest.

Article 28 — Right of Asylum

The right to asylum shall be guaranteed with due respect for the international rules, including the principle of non-refoulement. No person may be removed, expelled, or extradited to a State where there is a serious risk that they would be subjected to torture or other inhuman or degrading treatment or punishment without due process of law.

Article 29 — Protection of Citizens Against Extradition

No citizen of the Celestial Empire may be extradited to a foreign state or international tribunal for any offence, whether committed within or outside the territory of the Celestial Empire. The Dragon Throne owes to every citizen the protection of Celestial justice, and no citizen shall be surrendered to a foreign power to answer for their conduct.

Where a citizen of the Celestial Empire is alleged to have committed an offence outside the territory of the Celestial Empire, the Celestial courts shall have jurisdiction to prosecute and try that citizen under Celestial law, provided the act constituted an offence under Celestial law at the time it was committed. For this purpose the Celestial courts shall apply the principle of active personality jurisdiction. The Executive Yuan shall establish by law the procedures governing the exercise of this extraterritorial jurisdiction, including provisions for the gathering of evidence from abroad and co-operation with foreign authorities.

A prior acquittal or conviction of a citizen by a competent foreign court for the same act shall be taken into account by the Celestial court in accordance with the principle of ne bis in idem; any sentence already served abroad shall be deducted from any sentence imposed by the Celestial court.

Chapter 5 — Equality​

Article 30 — Equality Before the Law

All persons are equal before the law. Every person is entitled to equal protection and equal benefit of the law without discrimination and in particular without discrimination based on sex, gender, gender identity, race, colour, ethnic or social origin, language, religion or belief, political or any other opinion, national minority status, property, birth, disability, age, or sexual orientation.

Article 31 — Gender Equality

Equality between all persons regardless of gender must be ensured in all areas, including employment, work, and pay. The principle of gender equality shall not prevent the maintenance or adoption of measures providing specific advantages in favour of under-represented groups.

Article 32 — The Rights of the Child

Children have the right to such protection and care as is necessary for their wellbeing. They may express their views freely; such views shall be taken into consideration on matters which concern them in accordance with their age and maturity. In all actions relating to children, the child’s best interests shall be a primary consideration.

Every child has the right to maintain on a regular basis a personal relationship and direct contact with both parents, unless that is contrary to the child’s interests. Children shall not be subjected to labour that is prejudicial to their health, education, or development.

Article 33 — The Rights of the Elderly

The Celestial Empire recognises and respects the rights of the elderly to lead a life of dignity and independence and to participate in social and cultural life. The State shall make adequate provision for the welfare of elderly persons.

Article 34 — Integration of Persons with Disabilities

The Celestial Empire recognises and respects the right of persons with disabilities to benefit from measures designed to ensure their independence, social and occupational integration, and participation in the life of the community.

Article 35 — Rights of Ethnic and National Minorities

The Celestial Empire recognises the diversity of its peoples and the distinct cultures, languages, and traditions of its ethnic and national minorities. Persons belonging to minorities have the right to express, preserve, and develop their culture, language, and traditions, and to receive instruction in their minority language. The Council for the Preservation of Harmony shall oversee the protection of these rights.

Chapter 6 — Social and Economic Rights​

Article 36 — Workers’ Rights

Every worker has the right to working conditions which respect their health, safety, and dignity. Every worker has the right to limitation of maximum working hours, to daily and weekly rest periods, and to an annual period of paid leave.

Every worker has the right to information and consultation within their undertaking. Workers and employers, or their respective organisations, have the right to negotiate and conclude collective agreements at the appropriate levels and, in cases of conflicts of interest, to take collective action to defend their interests, including strike action.

Article 37 — Social Security and Social Assistance

The Celestial Empire recognises and respects the entitlement to social security benefits and social services, providing protection in cases such as maternity, illness, industrial accidents, dependency, or old age, and in the case of loss of employment, in accordance with the rules laid down by law. Every person residing and moving lawfully within the Celestial Empire is entitled to social security benefits and social advantages in accordance with law. Every person who lacks sufficient resources has the right to social assistance and housing assistance so as to ensure a life consistent with human dignity.

Article 38 — Healthcare

Every person has the right of access to preventive healthcare and the right to benefit from medical treatment under the conditions established by law. A high level of human health protection shall be ensured in the definition and implementation of all Celestial policies and activities.

Article 39 — Environmental Protection

A high level of environmental protection and the improvement of the quality of the environment shall be integrated into the policies of the Celestial Empire and ensured in accordance with the principle of sustainable development.

Article 40 — Consumer Protection

Celestial Empire policy shall ensure a high level of consumer protection. Every consumer has the right to honest dealing, accurate information, and safety in the products and services they receive.

Chapter 7 — Justice​

Article 41 — Right to an Effective Remedy and Fair Trial

Every person whose rights and freedoms guaranteed by the laws of the Celestial Empire are violated has the right to an effective remedy before a tribunal. Every person is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal previously established by law. Every person shall have the possibility of being advised, defended, and represented. Legal aid shall be made available to those who lack sufficient resources in so far as such aid is necessary to ensure effective access to justice.

Article 42 — Presumption of Innocence and Right of Defence

Every person charged with a criminal offence shall be presumed innocent until proven guilty according to law. Every person charged with a criminal offence shall be guaranteed the right to defence, including the right to be informed promptly of the nature and cause of the charges against them, to have adequate time and facilities to prepare their defence, to defend themselves in person or through legal assistance of their own choosing, to examine or have examined witnesses against them, and to have the free assistance of an interpreter if they cannot understand or speak the language used in the proceedings.

Article 43 — Right to Good Administration

Every person has the right to have their affairs handled impartially, fairly, and within a reasonable time by the institutions, bodies, and officials of the Celestial Empire. This right includes the right to be heard before any individual measure which would affect them adversely is taken, the right of access to their file, and the obligation of the administration to give reasons for its decisions. Every person has the right to have any damage caused by the institutions or officials of the Celestial Empire made good.

Article 44 — Access to Information

Every person has the right of access to documents held by the institutions and bodies of the Celestial Empire, subject only to exceptions set out in law for the protection of national security, public order, or the legitimate private interests of others.

Article 45 — Principles of Legality and Proportionality of Criminal Offences and Penalties

No person shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence under law at the time when it was committed. Nor shall a heavier penalty be imposed than the one applicable at the time the criminal offence was committed. If, subsequent to the commission of the offence, the law provides for a lighter penalty, that penalty shall be applicable. Penalties must be proportionate to the offence.

Article 46 — Right Not to Be Tried or Punished Twice

No person shall be liable to be tried or punished again in criminal proceedings for an offence for which they have already been finally acquitted or convicted within the Celestial Empire in accordance with the law.

PART III — THE INSTITUTIONS OF GOVERNMENT​

Chapter 8 — The Executive Yuan​

Article 47 — The Executive Yuan

The Executive Yuan (行政院; Xingzheng Yuan) is the supreme executive authority of the Celestial Empire, accountable to the Empress and exercising authority delegated by the Dragon Throne and assigned by this Constitution. It shall govern in accordance with this Constitution and with the laws of the realm.

Article 48 — The Grand Chancellor of State

The Grand Chancellor of State (國政大宰; Guozheng Dazai) is the head of the Executive Yuan and is responsible for the day-to-day governance of the Celestial Empire. The Grand Chancellor is appointed and may be dismissed by the Empress at her sole discretion. Upon appointment the Grand Chancellor shall seek an investiture vote in the People’s Yuan; whilst the Empress is not bound by the result, a vote of no confidence shall be communicated to the Dragon Throne.

Article 49 — The Ministries

The Executive Yuan shall comprise such Ministries as are established by law. Each Ministry shall be headed by a Minister appointed and dismissible by the Empress at her sole discretion, on the recommendation of the Grand Chancellor or independently. Ministers are collectively responsible to the Empress.

Article 50 — Accountability to the Legislative Yuan

The Executive Yuan shall present its programme to the People’s Yuan and shall be accountable to the Legislative Yuan for its conduct in office. Ministers may be summoned by either chamber to answer questions. The People’s Yuan may pass a motion of no confidence in the Executive Yuan by absolute majority; upon receiving such a motion the Grand Chancellor shall advise the Empress, who shall determine whether to dismiss the Executive Yuan or to dissolve the People’s Yuan and call new elections.

Chapter 9 — The Legislative Yuan​

Article 51 — The Legislative Yuan

The Legislative Yuan (立法院; Lifa Yuan) is the supreme law-making institution of the Celestial Empire. It is bicameral, consisting of the People’s Yuan (人民院; Renmin Yuan) and the Prefectural Yuan (府院; Fu Yuan).

Article 52 — The People’s Yuan

The People’s Yuan consists of one seat for every one million citizens of the Celestial Empire. To prevent the larger provinces from completely dominating the smallest ones, any province, autonomous region, or special administrative region whose population would otherwise yield fewer seats than twenty per cent of the seats assigned to the most populous province shall be allocated a number of seats equal to that twenty per cent threshold. This seat floor shall be recalculated in the first year of every decade in line with the then-current census data. Members are elected by the people by open party list proportional representation. The term of each member of the People’s Yuan shall be two years, commencing on the date of the declaration of the election result.

Article 53 — The Prefectural Yuan

The Prefectural Yuan consists of two seats for each prefecture of the Celestial Empire, elected by the people of that prefecture by first-past-the-post for a term of four years. The term of each member of the Prefectural Yuan shall be four years, commencing on the date of the declaration of the election result. It represents the territorial interests of the prefectures of the realm and exercises a revising and ratifying function.

Article 54 — Legislative Process

Legislation is enacted as prescribed in the provisions governing the Legislative Yuan and as further specified in the Standing Orders of each chamber. All ordinary legislation requires approval by both chambers before receiving Imperial Assent. The Empress exercises an absolute veto. There is no procedure for the Legislative Yuan to override an imperial veto.

Article 55 — Fiscal Initiative

All taxation and budget legislation must originate in the People’s Yuan. The Prefectural Yuan may recommend amendments but may not impose them; if it does not approve the People’s Yuan bill within three months, the bill shall pass automatically.

Article 56 — Treaty Ratification

International treaties are introduced by the Dragon Throne through the Minister of the Outer Realms and must be ratified by a simple majority of the Prefectural Yuan, with the People’s Yuan providing a non-binding advisory vote.

Article 57 — Dissolution

The Empress may dissolve the People’s Yuan on the advice of the Grand Chancellor or upon receiving a motion of no confidence in the Executive Yuan, and call new elections accordingly.

Chapter 10 — The Judicial Yuan​

Article 58 — The Judicial Yuan

The Judicial Yuan (司法院; Sifa Yuan) is the supreme judicial authority of the Celestial Empire. It encompasses all courts and tribunals within the ordinary, administrative, and constitutional branches of Celestial justice, and is responsible for the independent administration of justice in accordance with this Constitution and the laws of the realm. The Judicial Yuan shall be entirely independent of the Executive Yuan and the Legislative Yuan.

Article 59 — Judicial Independence

Judges of the Judicial Yuan at all levels shall be independent in the exercise of their judicial functions and subject only to the law. No judge may be dismissed, suspended, transferred, or have their remuneration reduced against their will, except as provided by law and following an independent disciplinary process before the Judicial Appointments and Conduct Council. Security of tenure and remuneration of judges are constitutionally guaranteed.

Article 60 — The Constitutional Court

The Constitutional Court (憲法法院; Xianfa Fayuan) shall have jurisdiction to determine the constitutionality of laws, decrees, and acts of the government. Any person may, through a court in which they have standing, refer a question of constitutionality to the Constitutional Court. A law or decree found unconstitutional by the Constitutional Court is void from the date of the judgment. The Constitutional Court shall also have exclusive jurisdiction over the court systems of the Special Administrative Regions in constitutional matters.

Justices of the Constitutional Court shall be appointed by the Empress using the Judicial Appointments procedure set out in Article 64 of this Constitution. They shall serve fixed, non-renewable terms of twelve years. A Justice shall in any event vacate office upon attaining the age of seventy years. A Justice may be removed from office upon impeachment by a two-thirds majority of the People’s Yuan, followed by conviction by a simple majority of the Prefectural Yuan, provided that the impeachment procedure is initiated by the Empress or the Executive Yuan. No impeachment proceedings may be instituted against a Justice other than on the initiative of the Empress or the Executive Yuan.

Article 61 — The Supreme Court of the Realm

The Supreme Court of the Realm (天朝最高法院; Tian Chao Zuigao Fayuan) is the final court of appeal in all civil, criminal, and administrative matters within the ordinary court system of the Celestial Empire, and the final court of appeal from the courts of Autonomous Regions. Its composition and procedure shall be established by law. Justices shall be appointed by the Empress using the Judicial Appointments procedure set out in Article 64. A Justice shall vacate office upon completing twenty years of service as a Justice of the Supreme Court of the Realm, or upon attaining the age of seventy years, whichever occurs first. A Justice may be removed from office upon impeachment by a two-thirds majority of the People’s Yuan, followed by conviction by a simple majority of the Prefectural Yuan, provided that the impeachment procedure is initiated by the Empress or the Executive Yuan. No impeachment proceedings may be instituted against a Justice other than on the initiative of the Empress or the Executive Yuan.

The Supreme Court shall sit in specialised chambers for criminal, civil, and administrative matters respectively.

Article 62 — Provincial Courts

Each province and autonomous region shall have a Provincial Court (省級法院; Shenji Fayuan) constituting the intermediate appellate and first-instance court for serious matters. Provincial Courts shall sit in dedicated chambers for criminal, civil, and administrative matters. Their jurisdiction and procedure shall be established by law.

Judges of the Provincial Courts shall be appointed in accordance with the Judicial Appointments procedure set out in Article 64. They shall enjoy full security of tenure and remuneration guarantees, including guaranteed protection against arbitrary dismissal, suspension, transfer, or reduction in remuneration.

Article 63 — Prefectural Courts

Each prefecture shall have a Prefectural Court (府級法院; Fuji Fayuan) constituting the court of first instance for the majority of civil, criminal, and administrative matters. Prefectural Courts shall sit in dedicated chambers for criminal, civil, and administrative matters. Their jurisdiction and procedure shall be established by law.

Judges of the Prefectural Courts shall be appointed in accordance with the Judicial Appointments procedure set out in Article 64 of this Constitution. They shall enjoy full security of tenure and remuneration guarantees, including guaranteed protection against arbitrary dismissal, suspension, transfer, or reduction in remuneration.

Article 64 — Judicial Appointments and Conduct Council

The appointment of judges to the Provincial Courts and Prefectural Courts shall be made by the Empress upon the recommendation of the Judicial Appointments and Conduct Council (司法任命與行為委員會; Sifa Renming Yu Xingwei Weiyuanhui), hereafter the Council. The Council shall also hear disciplinary matters concerning judges of the Provincial and Prefectural Courts.

The Council shall be composed as follows, with voting weights as specified:

1. The Justices of the Supreme Court of the Realm, collectively holding forty per cent of the total voting weight;

2. A representation of Provincial Court judges, holding twenty per cent of the total voting weight, drawn by lot from the sitting judges of the Provincial Courts for each appointment or disciplinary matter;

3. A representation of Prefectural Court judges, holding fifteen per cent of the total voting weight, drawn by lot from the sitting judges of the Prefectural Courts for each appointment or disciplinary matter;

4. A representation of the legal profession, comprising both defence counsel and prosecutors in equal measure, holding fifteen per cent of the total voting weight, drawn by lot from the rolls of the relevant professional bodies for each appointment or disciplinary matter.

Members drawn by lot under sub-paragraphs (2), (3), and (4) above shall be drawn anew for each appointment or disciplinary matter before the Council, in the manner of a jury selection. The procedure for constituting and operating the Council shall be established by law.

Justices of the Supreme Court of the Realm and Justices of the Constitutional Court shall be appointed by the Empress on the joint recommendation of the Grand Chancellor and the President of the Prefectural Yuan, following a confirmation hearing before the Prefectural Yuan.

Article 65 — Imperial Censorate

The Imperial Censorate (御史臺; Yushi Tai) shall act as an independent anti-corruption authority, empowered to audit, investigate, and prosecute corruption and abuse of office by all officials of the Celestial Empire, including Ministers, without prior approval of any executive authority. Commissioners of the Imperial Censorate shall be appointed by the Empress on the joint recommendation of both chambers.

Article 66 — Court Systems of Autonomous Regions

Autonomous Regions may establish and maintain their own court systems at the levels equivalent to Provincial Courts and Prefectural Courts, applying the laws of the Autonomous Region alongside Celestial law. Such regional courts shall be subject to the appellate jurisdiction of the Supreme Court of the Realm on matters of Celestial law, and to the jurisdiction of the Constitutional Court on all constitutional questions. The appointment of judges within Autonomous Region court systems shall be governed by the law of the Autonomous Region concerned, provided that guarantees of judicial independence equivalent to those set out in Articles 59, 62, and 63 of this Constitution are maintained.

Article 67 — Court Systems of Special Administrative Regions

Special Administrative Regions shall organise their own court systems in accordance with their respective constitutional instruments and local law. The courts of the Special Administrative Regions shall have full jurisdiction in civil, criminal, and administrative matters under the law of the Special Administrative Region. The only Celestial court exercising jurisdiction over matters arising within a Special Administrative Region shall be the Constitutional Court, which shall have jurisdiction over questions of constitutionality arising in or referred from those courts. No other court of the Judicial Yuan shall have appellate jurisdiction over the courts of the Special Administrative Regions unless expressly provided for by the constitutional instrument of the relevant Special Administrative Region.

Article 68 — Military Justice

The Celestial Army shall maintain a system of military justice separate from the ordinary Judicial Yuan, subject to the following provisions:

1. Military courts shall have jurisdiction over all offences committed by active service members of the Celestial Army whilst on duty, on military bases, or on military vessels and units, as defined by the Military Justice Code referred to in Article 84 of this Constitution;

2. Military courts shall operate at two levels: Courts Martial at the unit or garrison level, and Military Appeals Tribunals at the service-branch level;

3. Judges and presiding officers of military courts shall be appointed by the Minister of Heavenly Defence in accordance with military law;

4. Final appeals on matters of Celestial law from the Military Appeals Tribunals shall lie to the Supreme Court of the Realm, and all questions of constitutionality shall be referred to the Constitutional Court;

5. The rights guaranteed in Part II of this Constitution, and in particular the rights to a fair trial, legal representation, and the presumption of innocence, shall apply in full in military justice proceedings.

PART IV — STATES OF URGENCY​

Chapter 11 — National Emergency​

Article 69 — Declaration of National Urgency

The Empress may, on the recommendation of the Executive Yuan, declare a State of National Urgency in the event of war, armed insurrection, natural catastrophe, or other grave threat to the life of the nation. The declaration must be immediately communicated to both chambers of the Legislative Yuan.

Article 70 — Duration and Oversight

A State of National Urgency shall last no longer than sixty days unless renewed by a vote of both chambers of the Legislative Yuan. The Legislative Yuan may, at any time, revoke a State of National Urgency by simple majority vote.

Article 71 — Non-Derogable Rights

Even in a State of National Urgency, no derogation may be made from the following rights:

1. The right not to be arbitrarily deprived of life (Article 14);

2. The prohibition of torture and degrading treatment (Article 14);

3. The prohibition of slavery (Article 16);

4. The principle of legality in criminal matters (Article 45);

5. Human dignity (Article 13).

Any measures taken under a State of National Urgency shall be strictly proportionate to the exigencies of the situation and shall not be discriminatory.

PART V — TERRITORIAL ORGANISATION​

Chapter 12 — The Provinces and Prefectures​

Article 72 — Structure of the Realm

The territory of the Celestial Empire is organised into Provinces (省; Sheng), Autonomous Regions (自治區; Zizhiqu), and Special Administrative Regions (特別行政區; Tebie Xingzheng Qu). Each Province and Autonomous Region is further divided into Prefectures (府; Fu), Counties (縣; Xian), Townships (鄉; Xiang), and Basic Autonomies (基層自治; Jiceng Zizhi).

Article 73 — Provincial and Regional Administration

Each Province and Autonomous Region shall be administered by a senior Administrator appointed by the Executive Yuan, who shall administer their territories fairly, without corruption, and in accordance with this Constitution and the laws of the realm. Provinces and Autonomous Regions shall have devolved powers as provided by law. The precise titles of senior and subordinate administrators may vary by region in accordance with local custom and the constitutional instrument of the territory concerned.

Article 74 — Elected Assemblies

Each Province and Autonomous Region shall have an elected Provincial or Regional Assembly. The composition, powers, and electoral arrangements of such assemblies shall be established by law.

Article 75 — Special Administrative Regions

The Special Administrative Regions of Hong Kong (香港; Xianggǎng) and Macau (澳門; Aomen) shall retain their existing degrees of autonomy, distinct legal systems, and economic policies as provided by their respective instruments of establishment. Their autonomy may not be reduced except by a two-thirds majority of the Legislative Yuan and with Imperial Assent.

Article 76 — Status of Taiwan upon Reunification

Upon the reunification of Taiwan with the Celestial Empire, by whatever means that reunification is achieved, the territory of Taiwan shall be incorporated as a Special Administrative Region and shall thereupon be guaranteed full political, judicial, and economic autonomy, including the continuation of its existing democratic institutions and distinct legal system. This autonomous status shall have no expiry date and may not be rescinded except by a vote of the Taiwan Provincial Legislature. Its implementation may be monitored by international actors as agreed by treaty. The guarantee set out in this Article exists for the benefit of the people of Taiwan and may not be waived by any act of the Celestial Government alone.

PART VI — THE CELESTIAL ARMY​

Chapter 13 — Organisation of the Celestial Army​

Article 77 — The Celestial Army

The Celestial Army (天朝軍; Tian Chao Jun) is the national military force of the Celestial Empire, commanded by the Empress as Supreme Commander in accordance with Article 10 of this Constitution. The Celestial Army exists to defend the sovereignty, territorial integrity, and people of the Celestial Empire, and to discharge such other missions as are assigned to it by law and by the orders of the Supreme Commander. The Celestial Army is subject to civilian oversight through the Ministry of Heavenly Defence and the Legislative Yuan.

Article 78 — Component Forces

The Celestial Army shall consist of the following component forces, each constituting a distinct service branch:

1. The Celestial Ground Force (天朝陸軍; Tian Chao Lujun), responsible for land-based military operations;

2. The Celestial Air Force (天朝空軍; Tian Chao Kongjun), responsible for aerial operations and air defence;

3. The Celestial Navy (天朝海軍; Tian Chao Haijun), responsible for naval operations, maritime defence, and the protection of Celestial maritime interests;

4. The Celestial Marine Corps (天朝海軍降陆隊; Tian Chao Haijun Jiànglùdìng), responsible for amphibious operations and rapid deployment in support of naval and joint operations;

5. The Celestial Rocket Force (天朝火箭軍; Tian Chao Huojianjun), responsible for strategic and conventional missile operations;

6. The Celestial Space Force (天朝太空軍; Tian Chao Taikongjun), responsible for space-based military capabilities, satellite operations, and the defence of Celestial interests in outer space;

7. The Celestial Cyber Force (天朝網路軍; Tian Chao Wangjijun), responsible for offensive and defensive cyber operations, information security, and electronic warfare;

8. The Celestial Logistics Support Force (天朝辣務支援軍; Tian Chao Qianwu Zhiyuanjun), responsible for the strategic logistical support of all component forces of the Celestial Army.

The component forces enumerated in this Article are constitutionally entrenched and must at all times be maintained as distinct service branches of the Celestial Army. The Legislative Yuan may, by law, constitute additional service branches of the Celestial Army beyond those enumerated above, where the defence needs of the Celestial Empire so require; however no such law may abolish, merge, or otherwise dissolve any of the component forces enumerated in this Article.

Article 79 — Command Structure

The Ministry of Heavenly Defence shall exercise administrative oversight of the Celestial Army on behalf of the Empress. Each component force shall be commanded by a Chief of Service appointed by the Empress on the recommendation of the Minister of Heavenly Defence. A Joint Chiefs of Staff body, the composition and powers of which shall be established by law, shall co-ordinate operations across component forces and advise the Empress and the Ministry of Heavenly Defence.

Article 80 — Civilian Oversight

The Celestial Army shall at all times be subordinate to civilian authority as exercised through the Dragon Throne and the Ministry of Heavenly Defence. No component force or officer thereof may act in contravention of the orders of the Supreme Commander or in defiance of the civilian government. The Legislative Yuan shall have the power to scrutinise defence expenditure, to require the attendance of the Minister of Heavenly Defence, and to approve declarations of war as provided in Article 11 of this Constitution.

Article 81 — Conscription and Voluntary Service

Service in the Celestial Army may be voluntary or, where the defence of the realm so requires, compulsory. The conditions of conscription, including its duration, scope, and exemptions, shall be established by law. Conscientious objectors may be directed to perform alternative national service as provided by law.

Article 82 — Veterans’ Rights

The Celestial Empire shall make provision for the welfare of veterans of the Celestial Army, including access to healthcare, rehabilitation, and economic reintegration. The specific entitlements of veterans shall be established by law.

Article 83 — Reserve Forces

Each component force may maintain reserve formations. The organisation, training, mobilisation, and legal status of reserve forces shall be established by law.

Article 84 — Military Justice Code

The Executive Yuan shall, with the approval of the Legislative Yuan, promulgate a Military Justice Code governing discipline, offences, and procedure within the military justice system established under Article 68 of this Constitution. The Military Justice Code shall not derogate from the rights guaranteed in Part II of this Constitution.

PART VII — AMENDMENT OF THE CONSTITUTION​

Article 85 — Procedure for Amendment

This Constitution may be amended by the following procedure:

1. A proposal to amend this Constitution may be introduced by the Empress by Imperial Decree, by the Grand Chancellor with the approval of the Executive Yuan, or by a petition of at least one-third of the members of either chamber of the Legislative Yuan;

2. The proposed amendment must be approved by a two-thirds majority in each chamber of the Legislative Yuan;

3. The approved amendment must then receive Imperial Assent.

Article 86 — Limits on Amendment

No amendment may be made to this Constitution that:

1. Abolishes or substantially curtails any of the rights guaranteed in Part II;

2. Abolishes the independence of the Judicial Yuan;

3. Removes the bicameral structure of the Legislative Yuan;

4. Abolishes the requirement for Imperial Assent in the legislative process;

5. Removes the constitutional status of human dignity as inviolable.

These provisions are entrenched and may not be amended by any procedure.

PART VIII — TRANSITIONAL PROVISIONS​

Article 87 — Continuity of Administration

All laws, regulations, and administrative structures in force on the date of the declaration of the Celestial Empire on the tenth day of February of the first year of the Celestial Restoration shall remain in force until amended, repealed, or declared unconstitutional, to the extent they are not inconsistent with this Constitution.

Any law or regulation originating before the declaration of the Celestial Empire that has not, within ten years of this Constitution entering into force, been either voted upon by the Legislative Yuan to remain in place, amended, repealed, declared unconstitutional, or found to be in violation of this Constitution or a higher law shall automatically expire at the end of that ten-year period. The Executive Yuan shall maintain a public register of all such laws and regulations and shall take all reasonable steps to ensure that the Legislative Yuan has had the opportunity to consider them before the sunset date.

Article 88 — The Truth and Reparations Agency

The Truth and Reparations Agency established by the Empress shall continue its work of evaluating political detentions by past administrations and providing appropriate reparations. Its findings shall be final and not subject to collateral challenge, except on grounds of procedural unfairness before the Supreme Court of the Realm.

Issued under the Seal of the Dragon Throne

By the Hand and Command of Her Celestial Majesty Ai

Empress of the Great Ming, Daughter of Heaven, Lady of Ten Thousand Years

Beijing, the Imperial Capital, the Fifteenth Day of July, Two Thousand and Eight

Second Year of the Celestial Restoration



天命所歸，永固萬代

The Mandate of Heaven returns — fixed for ten thousand generations

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