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What is TorHavn?
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Please note: TorHavn is a diarchy (dual monarchy), under Enlightened Absolutism: there is a Pact between Monarch and Subject. [Click
here to read about it.]
Every Landed Citizen swears an Oath of Loyalty. [click here to read it] [Virtual Citizens may also swear, if they wish
Disclaimer/Legal
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The Kingdom of TorHavn, in the interests of protecting the Earth (our Mother) and Her residents, feels that only a Monarchic system makes sure that THIS remains our primary focus. There are many people, some of them prospective citizens, who still feel that (any) Monarchy is nothing less than an ceremonial dictatorship.
To allay the fears of these good people (and our Allies), we offer an introduction to the basic tenets of enlightened monarchy, chiefly adapted from a document presented by the Sovereign Principality of Corvinia (whose diligent work we heartily commend), and utilised here by express permission of the Prince of Corvinia.
This document is *NOT* a legal text, and certainly is not a constitution (since TorHavn has none), but simply an attempt to educate the readers in general of the true nature of our system of government.
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1. Our philosophy of government
TorHavn's system of government is a modified form of
enlightened absolutism (Danish: oplyst enev�lde), a system inspired by
the Monarchic tradition of Denmark in the period from the mid-1700s to the 1840s.
The system draws its principal inspiration from this historical Monarchy, and from the political philosophies of Thomas Hobbes, John Locke, and
Charles-Louis de Secondat de Montesquieu. To a lesser extent, it is also inspired by other historical Monarchies, notably the British Monarchy of the
16th-19th centuries (we are reliably informed that the ancient kingdom of Sparta had a similar dual-monarchic system ... thank you once again, Corvinia!).
Fundamental to this system is the concept of a "social contract" (or, as we call it, a "pact") between Monarch and subject, whereby the subjects willingly hand over all legislative, executive, and judicial authority to the Monarch, who is then obligated to function as a "good Monarch", or forfeit his privilege.
In effect, the Monarch and the people are contractually obligated to each other by a common agreement, based in mutual honour and respect. In the Kingdom of TorHavn, to emphasize this "agreement," both Subject & Crown swear an equivicable parallel solemn
oath to one another, in token of the respect & affection each feels for the
other.
This system has little to do with the forms of absolutism which have prevailed elsewhere - for instance, at the court of King Louis XIV of France,
whose famous utterance "L'etat - c'est moi!" ("The State is me!") defines the strictest form of absolutism, near-indistinguishable from outright despotism ("and we shall have none of that,
thank you"
-- Kasimir Diana, Regina).
Actually, the system of government in TorHavn can be described as a "Constitutional Monarchy without the Constitution." In fact, every citizen always has the option (and the right) to suggest & vote on
any item of concern in his or her community (much like a "representative" democracy, except that the Co-Monarchs still has the penultimate ability to
ratify or veto any proposed law, or issue Decrees as law without legislative review).
Also, although it is (of course) the aspiration of any sovereign to pass the Scepter & Crown to His or Her Heir, any Citizen may achieve the Crown, so
long as he or she has the ability, the power and the heart to win through (as any true warrior may), to be acclaimed by the People.
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2. The privileges and duties of the Monarchy
The Monarchy (the Crown) is invested with the legislative, executive, and judicial authority of the nation.
Portions of this authority may be delegated, as the Crown sees fit.
In the case of suits brought against the Co-Monarchs or
resolution of
petitions alleging malfeasance by the Co-Monarchs (either or
both), the
authority to judge the case must be delegated.
The Co-Monarch's ultimate obligation is to act in the best
interests of the
people primarily, and of Themself (either or both)
secondarily.
If a subject presents a supplication to the Co-Monarchs, the
Crown is obliged
to respond to the petition as soon as possible, or to give a formal and public statement that a response is postponed. Such a statement must include a statement of when a response may be expected, and a reason for
the
postponement.
The Co-Monarch (or Their duly designated representatives)
administers all public affairs in the Kingdom, including
but not limited to the apportioning of titles and honours,
approval or denial of petitions for naturalisation,
foreign relations, legislative initiatives, and judicial
process.
The Monarch has the right of clemency - he or she may choose to
grant
leniency to anyone convicted of a crime under the law. This right
is not
subject to petitions for judicial review - but a Monarch cannot
grant
clemency to him- or herself.
If a Monarch is convicted of a crime, he or she must petition the
people for
clemency (a referendum deciding the issue), and failing to achieve clemency, he or she must then abdicate.
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3. The privileges and duties of the Citizen
Every citizen is primarily a free individual, and only
secondarily a subject of the Kingdom.
The rights and privileges of the Citizen are as follows:
Freedom of Thought and Expression: In TorHavn, everyone
may say what they please. The only limitations to this freedom are those
limitations imposed by Royal Decree issued by (either or both) Monarch(s)
(which must be publicly promulgated, and hence, subject to review by the general
populace).
If offensive statements are uttered by one subject about
another, the offended party has the right to press suit before the Monarch(s)
(or his designated judiciary) on charges of slander or libel.
Freedom of Belief and Association: A subject of TorHavn
may freely espouse any political or religious belief. No legislative
restrictions may be placed upon such groups. However, the government of TorHavn is
also entirely secular, and the Crown reserves the right to restrict the efforts
of religious groups, especially when they interfere in the workings
of government, or in the perusal of freedoms (as above and
below).
Freedom of Departure: At any time, a subject of TorHavn
may resign his citizenship without fear of reprisal. If a subject has been
convicted of a crime, he may resign his citizenship prior to execution of the
penalty incurred - but if, at a later date, he petitions for renewed
citizenship, and this is granted, he must pay the penalty previously
incurred.
Right of Sedition: The Crown may not restrict the right of
individual citizens to work for a non-violent, popularly approved change in
the system of government, so long as it does not harm the Mother, who comes
first.
Right of Supplication: All subjects of the Crown have the
inalienable right to present a petition to the Crown, who must respond
publicly, especially if the supplicant so requests. To prevent frivolous
exercise of this right, frequent supplicants may be declared public
nuisances, and, any case, petitions are restricted to one (1) per year, during spring
equinox, summer solstice, fall equinox, winter solstice or Earth
Day.
A citizen is entitled to initiate legislation, but it must always
proceed through the proper channels as is designated in the Codex
Rex.
Right of Satisfaction: All Subjects have the inalienable
right to the satisfaction of his or her honour by the use of non-lethal duels
or challenges, as depicted in the Codex Rex. No citizen may, except
accidntally, kill another for the purpose of this satisfaction.
Regardless, in so doing, such citizen must submit him or herself to the Crown
& the family of the deceased to pay the price required by same (for
only the Crown may so decide).
So long as the Crown acts in accordance with Their obligations,
the subjects of the Crown are bound by the pact, and may not act
contrary to the interests of the Kingdom. All edicts, laws and decrees issued by
the Crown, and not subject to suspension for judicial review, must be
obeyed, or the subject may be deemed in violation of the pact, and penalized
accordingly.
Treason: If a subject of TorHavn knowingly acts in a
fashion damaging
to the interests of the Crown or Kingdom, this is treason - and
is punishable
by penalties at the discretion of the Monarchy. A suggested penalty is revocation of citizenship.
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