Constitution of Fratanica

The Constitution of Fratanica is a codified set of principles and precedents which serve as a framework for the Fratanican government. The Constitution was written and enacted in 1941, and currently serves as the nation's foremost law document. The Constitution importantly enforces the idea of federalism, establishing separation of federal and provincial jurisdictions. The document details the basic liberties and civil rights of citizens. These provisions are protected by an "principal clause", which prevents the circumvention or removal of those freedoms. The Constitution also provides the framework and powers of the three federal government branches, particularly the supreme judiciary, the legislature, and the executive branch. Naturalization and birth citizenship rights are established within the Constitution as well.

The Fratanican constitution is considered to be a rigid constitution, because special measures are required to amend the constitution. Either the two houses of the National Diet approve of the amendment with a 2/3 supermajority, or a national referendum must be passed with a simple majority. The national referendum is put into motion through a simple majority by both houses, rather than a supermajority. However, the content of the constitution is considered somewhat flexible and vague, in order to account for fluidity in politics and society.

Fratanican legislators have not hesitated to propose and pass through amendments to the Constitution. A total of 63 amendments have been implemented over the span of 70 years, many used to solidify enacted legislation or change term limits for offices. In addition, many amendment attempts have taken place since its inception.

The First Republic of Fratanica previously had an uncodified constitution which were passed as "Constitutional Laws" in the late 19th and early 20th century, however, the lack of codification led to an increase in authoritarian government. Many of the principles from these uncodified laws were implemented into the new constitution, with stronger language or with extra protections to ensure less abuse of power. The document itself remains flexible and up to political interpretation.

Fundamental rights
The Fratanican constitution begins by writing that there will be no infringement on a man's life or dignity, described as a "principal and unchallengeable proposition".

The constitution also guarantees, , , , , equality in front of the law, and the right of property.

Notably, the constitutional charter did not explicitly institute secularism or lack of a national religion. However, the Supreme Court interpreted the "freedom of religion" clause in 1959 as forbidding the establishment of a state religion, which has set a precedent maintained to this day.

Executive branch
A semi-presidential system was established, with the President and Prime Minister sharing power. The President is not merely considered a figurehead in Fratanica. Rather, they are considered to represent the state There is a notable separation of policy between the President and Prime Minister. Whereas the Prime Minister dictates domestic and economic policy, the President has control over military and foreign affairs. This has led to some ambiguity of authority and stagnation in terms of policy, due to disagreements between parties. Amendment 14, enacted in 1964, extended the President's role to national security affairs.

The Prime Minister serves as the government's representative to the legislature, with the ability to participate in debate, propose legislation on behalf of the government, and observe meetings. On the contrary, they are kept in office by confidence, meaning they can be dismissed by the legislature.

The Constitution specifically outlines the creation of the cabinet-like body Executive Council of Fratanica, which was to be led by the Prime Minister. This body deals with the day-to-day operations of the federal government. The constitution establishes that the Prime Minister may choose to remove his or her ministers. However, the constitution is vague in terms of the composition and rules of this body, allowing for manipulability of the structure and positions.

The document details the term limits and qualifications of the President, requiring that he is at least 40 years old, been a Fratanican citizen since childhood, and have resided in Fratanica for at least 15 years. Prime Ministers have the same qualifications, but no expressly stated term limits.

Legislative branch
The constitution establishes a federal legislative body: the National Diet. Whereas this was originally a unicameral legislature, an amendment within a month of the constitution's writing was written to divide the legislature into two bodies: the National Assembly and the Federation Council.

Most notably, the constitution mentions that the National Diet is empowered to put forth legislation, either using their exclusive federal powers or on behalf of the people in the nation. This has been used to justify the expansion of the executive branch, particularly with administrative agencies and federal oversight.

Judicial branch
The constitution both attempts to guarantee and establish the supreme judicial court, the Supreme Court of Fratanica. Originally a lifetime appointment to the Supreme Court, a 1984 amendment set a 14-year one term limit and a retirement age at 75. The constitution also allows the legislature to create national courts to deal with special circumstances.

One of the most notable powers afforded to the Supreme Court is their ability to ban political groups which threaten physical violence and undermine core freedoms, especially the dignity and individuality of man.

Federalist relationship
The constitution makes it clear that both federal and provincial jurisdictions are binded with this document, and that the federal government is restricted to the powers listed in the Constitution. Over time, the federal government and its bureaucracy has expanded its scope through state-province partnership and broader constitutional interpretations. Fratanican federalism follows a theory of "concurrent mutualism", which defines the relationship between the state and lower levels of administration as requiring an asymmetric balance between the powers of the state and its administrative decisions. The federal government, according to it, needs to have a say regarding most affairs within its borders. This theory, however, also acknowledges that the administrative divisions themselves should be given exclusive rights in certain areas and that they play a key role in territorial administration.

The constitution establishes exclusive federal powers, exclusive provincial powers, concurrent powers, and reserved powers.

The federal government has the exclusive rights to national defense, foreign affairs, immigration, monetary policy, currency standards, citizenship, and measurements. Provinces may have limited say in foreign affairs and international negotiations, if it impacts that particular province.

The provinces have exclusive rights to the majority of education, law enforcement, prisons, and others listed in that section. The concept of a "majority" has been debated and interpreted differently over the years.

Concurrent powers include taxations, public holidays, public health, nature conservation and protection, business and civil laws and procedures, and others mentioned in the concurrent list.

Reserved powers are unspecified powers within the constitutional document. The section encourages cooperation and concurrence between the state and its provinces on powers not explicitly listed through negotiation and partnership, a primary principle coming from the Portier doctrine. However, the section also highlights that the provinces have the final say in all matters not directly posited as exclusive federal rights. The flexibility of this section and its recommendations have induced large bureaucracies at both the federal and provincial levels.

To assist in the encouragement of concurrent reciprocity, the constitution mandates the creation of "Federal Liaison" offices and provincial liaison offices, in order for both the state and its provinces to work together on matters of importance. However, this section is left vague in regards to responsibilities, organization, and level of interaction. As a result, federal-provincial relationships have fluctuated in terms of solidity and cooperation.