CONSTITUTION OF THE 

MYEONGHAN REALM

The Constitution of the Daehan Empire was promulgated on 17 August in the Third Year of Gwangmu, and was amended into the Constitution of the Myeonghan Realm in accordance with the decision of the Constituent Assembly on 12 August in the One Hundred and Seventeenth Year of Yunghui, and promulgated on 17 August in the First Year of Seongchi.  

IN THE NAME OF THE LORD GOD OF HEAVEN, FROM WHOM IS ALL SOVEREIGNTY AND TO WHOM IS ALL GLORY, WE THE SPIRITUAL REMNANTS OF THE CONFUCIAN COMMONWEALTH, MOST RECENTLY MANIFESTED IN THE DAEHAN EMPIRE, 

hereby affirms that since Sage Gija, a former prince of the Sang Dynasty of Hwaha was enthroned as King Taejomunseong of Gojoseon and brought with him five thousand talents to the Korean Peninsula, known also as the Realm of the East, enlightenment had become so widespread that men had acquired an ethos of martyrdom and women a custom of chastity, such that the Realm was known to historians as Sojunghwa. The admiration of the Realm of the East of the traditions of Hwaha, wearing of the attire of Hwaha, usage of the language of Hwaha, and display of the manners of Hwaha, had turned the people of the East into those of Hwaha, and be regarded as such by others. 

In the twenty-fifth year of Hongmu, Taejo of Joseon, posthumously honoured as an emperor, having overcome countless challenges, personally laid down the royal foundation for the Imperial Myeong Kingdom of Joseon  to thrive in the land of the Three Hans. Monarchs, public servants, and the populace, from generation to generation, had abided by the teachings of Sage Confucius and the sages that preceded and followed him; championed peace under all of Heaven through the ethics of judging good from evil and distinguishing justice from utility;  and the truisms that good governance emerges only out of good law and discipline, and vice versa. It is thus self-evident that the Realm of the East was known also as the Realm of Learning and Etiquette and a Kingdom of Humaneness and Justice.

Hwaha under the reign of Imperial Myeong—the Dynasty of Great Illumination and of the Sun and the Moon—showered the Realm of the East with multiple favours. The Hongmu Emperor graced the Realm with the dynastic title of Joseon.  The Manlyeok Emperor graced the Realm with national restoration  during the Imjin Wars against Japanese invaders. The Sungjeong Emperor graced the Realm with an East-bound rescue operation against the Manchus. The two sides were suzerain and vassal in theory, but surely father and child in practice. In the nineth year of the reign of the Sungjeong Emperor, the barbaric chieftain of the Manchus  usurped the title of ‘emperor’, and in a cruel manner, shamelessly invaded the Realm of the East in 1627 and 1636,  insulting King Injo  at Namhansan, and in the aftermath, so daringly murdered the Yeonglyeok Emperor in Winnan in 1662, terminating Myeong rule altogether. It was said that after the downfall of the Empire of Great Illumination, Hwaha was no more. Manchu scoundrels and thieves not only occupied what used to be the Middle Kingdom, but also imposed humiliating orders to shave men’s foreheads and wear grotesque pigtails behind their heads and nomadic Manchu attire all over their new colony,  ending up in the transformation of the civilised into the barbaric, years of consecutive war, no less than two centuries of presumptuous hegemony, and the forced introduction of barbarous policies; the soul of the Han and Dang has since permanently vanished into thin air. ‘Following the barbarians’ conquest of Hwaha,’ lamented Jeongjo, also posthumously honoured as an emperor, ‘the foul smell of blood has contaminated the seas, and the morals of attire and etiquette of the Middle Kingdom had been lost in a territory of beasts.’

The collapse of the imperial orthodoxy in the Middle Kingdom did not prevent the Realm of the East to singularly set up the Altar of Great Gratitude  to venerate the Myeong emperors, which may be described as where the sole lineage of the Way of the Imperial Myeong resided. In succession of the civil and military doctrines of the ancient sagely monarchs Yo and Sun; indeed, from rituals and sacred music, through law and policy, to attire and cultural relics, everything from Hwaha can be found in the Realm of the East. This prompted King Yeongjo to remark: ‘Great Illumination shines over an isolated realm to the east of the Yellow Sea.’

The Daehan Empire, founded in the first year of Gwangmu, was the outcome of King Gojong, hereinafter referred to as the Gwangmu Emperor,  acceding to the imperial throne of Hwaha as a vassal monarch,  under the righteous principle of the son’s succession to the father after the latter’s death. He inherited the orthodox lineage of the Imperial Myeong, conserving the attire and institutions of the Imperial Myeong and wielding the sovereign prerogative of independence, in adherence to the sagacity of the ancient emperors of Boghui, Sinnong, Yo, and Sun, and in rightful succession to the Han, Dang, Song, and Myeong lineages. In the first year of Yunghui, the Sunjong Emperor,  following his accession to the Throne and veneration of the Myeong emperors, was able to utter that the Sun and the Moon—which jointly constitute the Hanja character ‘Myeong’—would lord over the East for all eternity.

The rupture in the rule of the Daehan Empire in the fourth year of Yunghui was due not to any uprising of subjects, but the unlawful meddling of colonialists. Alas! Colonialists from Japan coveted the Eight Provinces and reduced the Gwangmu Reform into shambles. Woe to us! In the aftermath of the national humiliation during the year of Gyeongsul,  the same colonialists robbed the people of the East of their Homeland for no less than thirty years; the Yunghui modernisation programme remained nothing but an unfulfilled ambition. In the thirty-ninth year of Yunghui, the Japanese colonialists were justly defeated, and the Realm of the East was liberated. Yet, the Powers divided up the Realm into two. They arrogated to themselves the authority to impose secular republican and state atheist rule over the South and the North, respectively, abolish the imperial orthodoxy, and abandon the succession to the Way. Recurring civil war, the dilapidation of sagely teachings, the disintegration and ruin of civilisation, the collapse of moral teachings, the severance of tradition, and the tampering with historical facts ensued. 

Although the dormant legal orthodoxy of the Daehan Empire—the rump state of the Imperial Myeong—has survived intact, no Sovereign had been on the Throne for nearly a century. In the one hundred and seventeenth year of Yunghui, we spiritual remnants of the Daehan Empire, anxious about the fate of the Realm, could no longer remain silent, and had no choice but to convene this Constituent Assembly,  to rekindle the life of the Realm in the debris of the Daehan Empire. The Daehan Empire might be an old Realm, but its mandate is as new as ever. The Myeonghan Realm  constitutionally upholds Confucian doctrine, and safeguards the institutions of music, etiquette, cultural artefacts, codes, and systems, from which it inherited from the Ju all the way through the Myeong. If that is the case, then there can be no obstacle to the Realm succeeding the Daehan Empire in orthodoxy and in name. Looking around the world, who else is better qualified than the Myeonghan Realm to succeed the Way of the Daehan Empire and acceding to the Imperial Throne of the same? 

Since the forty-second year of Yunghui, the South and North of the Peninsula both claimed to be the sole legitimate inheritor of the former sovereign territories of the Daehan Empire. The Constituent Assembly of the Myeonghan Realm has no objection to either claim, and is not hesitant to recognise both as legitimate sovereign territorial nation-states. Hegemony would inevitably be based on massive territories, but one who virtuously exercises humane authority has no need for massive territories. As a global, spiritual, and cultural realm of Humaneness and Sagacity, the Myeonghan Realm vows to implement the Way of Humane Authority, to rule effortlessly to achieve peacefulness, and to oppose totalitarianism, collectivism, pure-blood nationalism, selfishness, and other noxious tendencies with the teachings of the Sages, the Gate of Propriety, and the Path to Justice. 

The Constituent Assembly of the Myeonghan Realm, in order to safeguard the dignity that defines humanity and advance the well-being of the populace, unanimously resolved to amend the National Constitution of the Daehan Empire  promulgated by the Gwangmu Emperor into the Constitution of the Myeonghan Realm,  whose spirit is of common origin with the Grand Plan  of Sage Gija and the Code on the Administration of the Realm   of the Imperial Myeong Kingdom of Joseon, albeit in improved form. The Constitution of the Myeonghan Realm invokes the Divine Logos to restrain human concupiscence, erects an impartial constitutional monarchy to counteract extreme populism, a policy of appointing the virtuous to replace that of nepotism, entrenches the sagely doctrines of Confucianism to guide the proper functioning of parliamentary democracy, constitutionalism and the rule of law to annihilate corruption and abuses of power, and institutes the federal division of powers to suppress tendencies of centralisation. From now on, the spirit of the rights of mankind shall be imbued into the ancient and elegant institutions of the Daehan Empire, which are bound to serve as a role model for posterity. 

The Constituent Assembly hereby solemnly declares that, by the grace of God, the Realm of Great Illumination has finally been resurrected from the ashes. The Myeonghan Realm, that is, the Second Daehan Empire, and thus, the Third Myeong Empire, is established for all under Heaven, regardless of ethnicity, sex, language, and age, who admires the Kingly Way of Humaneness and Sagacity, holds in high esteem traditional values and principles, and adjures the preposterous culture of the world. The Realm, in one heartmind, shines forth as an unquenchable light showing the path towards the Grand Harmony of humanity, under which the Grand Way will prevail and the world will become a Commonwealth shared by all, in which the virtuous and the competent will be elected and appointed. Members of the populace will be trustworthy to and cultivate harmony with each other. They will treat not just their own parents as parents, nor their own children as children. The elderly will be cared for, those in their prime years will be able to utilise their talents, and the youth will grow up healthily.  Compassionate assistance will be provided to those who are widowed, orphaned, lonely, handicapped, and sick. Men and women will have fitting roles to play in society and the family. They will not like to see wealth lying idle, yet they will not keep it for their own gratification. They will despise indolence, yet they will not use their energies for their own benefit. Consequently, selfish scheming will be repressed, and robbers, thieves, and other lawless people will cease to appear, and there will no longer be any need for people to lock their gates.

ARTICLE I   The Myeonghan Realm shall in perpetuity be a crowned republic and a realm of humaneness and justice, of propriety and etiquette, and of noble character that upholds democracy and liberty and practices the rule of law and constitutionalism, on the foundation of the sagely doctrines of Confucianism, which entail the principle of moral self-cultivation prior to exercising statesmanship.

(1) The great affairs of the Realm shall be decided by the many, not the one. If one dictator dislikes the good, then all wise talents in the Realm will be of no avail, bandits will arise everywhere, and foreign enemies will invade the Realm.

(2) The populace is the foundation of the Realm, and the Realm exists for the populace. All public authority of the Realm shall be exercised in furtherance of the common good prescribed by this Constitution and in accordance with the will of the Myeonghan populace.  

(3) The Realm shall consolidate the foundation of self-government. This shall illuminate the public law principle of a self-sufficient polity.

(4) The Realm, as a spiritual micronation, shall never threaten the legitimate territorial integrity and jurisdictional power of any sovereign state.

(5) The Realm shall adopt a federal structure. Powers that have not been reserved to federal institutions by this Constitution or Acts of the Central Assembly shall be exercisable by the autonomous subjects of the Realm. Federal institutions include the Emperor-in-Central Assembly, His Majesty’s Government, the Constitutional Court, the Supreme Court of Justice  and other federal courts, the Office of Prosecutions, and the Commission of Vigilance. Federal institutions shall be attached to the State of New Gyeonggi, of which the capital, New Hanseong, shall be part. Other autonomous subjects include the State of New Gangwon, the State of New Gyeongsang, the State of New Chungcheong, the State of New Jeolla, the State of New Pyongan, the State of New Hamgyong, and the State of New Hwanghae. 

(6) Confucianism shall be the national soul of the Realm. Subject to this Constitution, the Confucian spirit shall be manifested in all laws and policies adopted by the Realm. The persecution of any lawful religion other than Confucianism shall be prohibited.

(7) Marriage is the embodiment of eum and yang forces and of the cosmos and earth, and is the foundation of propriety and humane governance. Male and female are prior to husband and wife; husband and wife are prior to parent and child; parent and child are prior to the monarch and the public servant. The way of husband and wife shall be long-lasting, if not ever-lasting. This Constitution shall guarantee the rights to marriage, understood as the union of husband and wife; procreation; and family life of citizens. The root of the world lies in the state; the root of the state lies in the family; kindness of parents and filial dutifulness of offspring; decency of husbands and understandingness of wives; and gentleness of seniors and deference of juniors; humaneness of the monarch and faithfulness of public servants are ten doctrines of justice of humanity; and the moral power of a populace is at its highest when appropriate respect towards deceased ancestors is shown. The Realm shall govern in accordance with the doctrine of filial piety, and shall abide by the constitutional principle of big society, small government; it shall facilitate families to become the foundation of societal self-governance, encourage mutual support between families, and reduce interference with societal self-governance.

ARTICLE II   The foundation of the commonwealth is the Realm, the foundation of the Realm is the family, and the foundation of the family is the individual person. Every individual has an innate potential to become a sage. Human beings inherently possess sacred and inviolable dignity from the moment of conception. 

(1) Any individual who identifies with this Constitution may be recognised by the Realm as a spiritual citizen, regardless of ethnicity. A spiritual citizen shall be entitled to the enjoyment of all rights and freedoms prescribed by this provision, with the exception of the rights to vote and to stand for public office. A spiritual Myeonghan citizen may become a full Myeonghan citizen following a review procedure conducted by His Majesty’s Government.  

(2) From the sovereign to the simplest commoner, the cultivation of individual character constitutes the foundation of moral attainment.  Every person shall be equal before the law.

(3) Every human being shall be entitled to the right to pursue happiness, which includes the Five Blessings, namely, longevity, material sufficiency, health and tranquillity, a virtuous life, and a peaceful death. Conscience is the knowledge of good and evil;  every human being shall be entitled to the freedom to exercise conscience. 

(4) Myeonghan citizens, hereinafter referred to as ‘citizens,’ shall enjoy rights and freedoms commonly recognised by international human rights law. These rights and freedoms are primarily enshrined in the Universal Declaration of Human Rights, International Covenant of Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the International Convention on the Elimination of All Forms of Racial Discrimination, the Convention on the Elimination of all Forms of Discrimination Against Women, the Convention on the Rights of Children, the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, the International Convention for the Protection of All Persons from Enforced Disappearance, and the Convention on the Rights of Persons with Disabilities, with the exception of those that are incompatible with this Constitution.

(5) The Realm shall strictly abide by jus cogens norms against torture, slavery, aggressive war, and genocide.

(6) Humane governance is nothing more than public servants dedicating themselves to the populace with a parental heart to relieve citizens from hardship and increase the wealth of citizens, in order to enhance their livelihood—what they hold most dear—so as to conserve their natural goodness. This Constitution shall guarantee the right to private property of citizens and artificial legal persons created by citizens. Should public authorities have no choice but to lawfully expropriate private property, they shall in a timely manner, provide the owner with compensation that shall correspond to the value of the concerned property at the time.

(7) For citizens, everything which is not prohibited by this Constitution and the law shall be allowed.

(8) For public authorities, everything which is not authorised by this Constitution and the law shall be prohibited.

(9) Public authorities of the Realm at various levels shall be deemed to have acted unconstitutionally should they wrongfully interfere with the rights and freedoms of citizens guaranteed by this Constitution.

(10) The rights and freedoms of citizens shall not be restricted unless by way of means authorised by the above-mentioned international treaties; this provision applies equally to emergency measures, inclusive of martial law.

(11) Emergency measures shall not be deemed constitutional and lawful unless they are temporary, proportionate, regularly authorised by the House of Representatives of the Central Assembly, and susceptible to review by the Constitutional Court and superintendence by the Commission of Vigilance.

(12) Do not do to others what you would not have them do to you. In the exercise of their constitutional rights and freedoms, citizens shall abide by the constitutional principle of the Way of the Mean, which requires impartiality and objectivity, and shall be obligated to avoid all excessiveness and extremism in speech and action and to refrain from interfering with the exercise of constitutional rights and freedoms by others. Between parent and child, there should be affection; between monarch and public servant, justice; between husband and wife, distinctiveness; between old and young, a proper order; and between friends, trustworthiness.  Citizens, regardless of sex, age, and status, shall be obligated to respect and be fair to each other. Seniors shall be respected and juniors shall be loved. Virtuous juniors ought to be esteemed, and unbecoming seniors distanced.

(13) Virtue is the foundation of good governance, whereas the law is merely a secondary instrument for the same. Citizens shall be obligated to receive education in order to nurture the virtues of humaneness, justice, propriety, wisdom, trustworthiness, loyalty, filial piety, fraternity, temperance, compassion, fortitude, and modesty; to pay donations in support of the Realm, commonly called ‘taxation,’ according to their own abilities; and to abide by this Constitution and the law.

(14) All traditions, customs, and societal values of Imperial Myeong, the Imperial Myeong Kingdom of Joseon, and the Daehan Empire that do not contravene this Constitution shall be retained, inherited, revived, and propagated.

ARTICLE III   By the grace of God, the Emperor of the Myeonghans, Defender of the Way, hereinafter referred to as the Monarch, shall be the symbolic head of the Realm and Honorary Marshal of the Security Forces of the Realm;  the Celebrant of the rituals of the Realm; and the Chief Representative of the Realm externally.  

(1) The Myeonghan Realm shall be a constitutional monarchy. The Monarch shall, without deflection and unevenness, fulfil his kingly duties; without selfish likings, pursue the Way of Humane Authority; without selfishness and partisanship, pursue the Way of Humane Authority; avoid deflection and partiality, then broad and long is the Way of Humane Authority; avoid partiality and deflection, then unobstructed and easy is the Way of Humane Authority; avoid perversity and one-sidedness, then correct and straight is the Way of Humane Authority; ever seek utmost excellence, and ever turn to utmost excellence. The Monarch and the Consort to the Monarch shall always be politically impartial and refrain from publicly commenting on specific affairs of public interest. They shall not be able to exercise their rights to vote or to stand for election, nor those to participate in political associations or advocate for partisan agenda.

(2) The populace shall be of the greatest importance, the Realm the less, and the Monarch the least. Heaven created the populace and set up for them a monarch as their pastor. The institution of the monarchy of the Realm shall be purely for the promotion of internal solidarity amongst the Myeonghan people, and the external propagation of the history, culture, and traditions of the Realm.

(3) The Monarch shall vigilantly abide by the Constitution, the law, edicts, and regulations.

(4) The Monarch shall, upon the request of the Prime Minister, deliver the annual Speech from the Throne in relation to the policy and legislative programme of the Government-of-the-day in the House of Representatives of the Central Assembly.

(5) The Monarch shall have no power to veto any resolution or decision of the Central Assembly, His Majesty’s Government, the courts, the Office of Prosecutions, the Commission of Vigilance, and independent statutory commissions mentioned in this Constitution. 

(6) The Monarch shall, with the advice and consent of the Central Assembly, decree the promulgation of an Act of Amendment to the Constitution and its Annex I, and other Acts. This shall illuminate the public law concept of Emperor-in-Central Assembly.

(7) The Monarch shall, upon the request of the Prime Minister, decree the promulgation of edicts; the dissolution of the House of Representatives of the Central Assembly and the calling for a general election; the declaration of general amnesties, particular amnesties, or sentence reductions; and the bestowing or rescinding of honours.

(8) The Privy Council  shall be the highest advisory organ to the Monarch. The Monarch shall chair a meeting of the Privy Council. Ex officio Privy Counselors  include the Prime Minister, the First Deputy Prime Minister,  and the Second Deputy Prime Minister;  the Lord Chancellor of the Privy Council  and the Lord Speaker of the House of Representatives of the Central Assembly;  the Lord President of the Constitutional Court and the Lord Chief Justice of the Supreme Court of Justice;  the Lord Prosecutor-General and the Deputy Lord Prosecutor-General;  the Commissioner  and the Deputy Commissioner of the Commission of Vigilance; the Supreme Patriarch; and peers of the Realm. The Lord Chancellor of the Privy Council, appointed by the Monarch for renewable five-year terms, on the recommendation of an independent statutory commission, shall serve as the Lord President of the Privy Council, the Lord President of the Federal Council, the Secretary of Justice of His Majesty's Government, and Lord President of the Federal Court of Appeal and of the Court of Chancery of the Supreme Court of Justice in cases not involving public authorities, in order to facilitate mutual respect between and promote better understanding of fundamental constitutional principles, especially the rule of law and judicial independence, amongst these organs of the Realm. The Monarch shall attain the consent of the Privy Council by a simple majority of those Privy Counselors attending the meeting prior to making a decision  in relation to accession,  the adoption of a new reign name, the investiture of peers, the interpretation or amendment of the Grand Rules of the Imperial Household,  and retirement from the Throne.  The organisation of the Privy Council shall be prescribed by law.

(9) The Supreme Council for the Doctrine of the Sages,  presided over by the Supreme Patriarch as the Primate of the Realm, with his chair fixed in New Seonggyungwan Basilica, shall be a non-partisan Confucian scholarly community that offers counsel to the Monarch in his capacity as the Defender of the Way. It shall provide advice on speeches and edicts to be issued by the Monarch, in accordance with this Constitution and the sagely doctrines of Confucianism. It may provide advice on the compatibility of proposed policy documents and instruments with Confucian values upon the request of the Prime Minister. It shall provide relevant ceremonies of the Realm with ritual assistance. The expenses of the Supreme Council for the Doctrine of the Sages and of the New Seonggyungwan Basilica shall be borne by His Majesty’s Government. The Monarch shall be the Supreme Defender of the Supreme Council for the Doctrine of the Sages. The organisation of the Supreme Council for the Doctrine of the Sages shall be prescribed by law.

(10) At the accession to the Throne and the announcement of a new reign name,  the Monarch shall take the following oath: ‘We [personal name] solemnly swear that We will faithfully perform the duties of the Emperor of the Myeonghans, defend and preserve the Constitution, and serve the unity of the Myeonghan Realm with a spirit of fearlessness and selflessness. So help Us God.’

(11) Every Monarch shall adopt no more than one reign name during each reign.

(12) The Realm shall abide by the separation of the affairs of the Imperial Family and those of the Realm. Affairs of the Imperial Family shall be regulated by the Grand Rules of the Imperial Household. The Grand Rules of the Imperial Household shall be made and amended by the Monarch-in-Council, and shall enjoy legal status second only to this Constitution.

(13) The Monarch shall manage the internal affairs of the Imperial Family in accordance with the Grand Rules of the Imperial Household.

(14) The succession to the Throne shall be regulated by the Grand Rules of the Imperial Household.

(15) A member of the Imperial Family shall serve temporarily as Regent  to discharge the responsibilities of the Monarch, insofar as the Monarch is under-aged, or is unable to discharge his duties due to illness or other reasons. The office of the Regent shall be defined by the Grand Rules of the Imperial Household. 

(16) The Monarch shall normally remain in office for life, but it shall be possible for the Monarch to voluntarily abdicate the Throne. A former Monarch or the living biological father of the incumbent Monarch shall normally be entitled to use the honorific ‘Emeritus Emperor.’ 

(17) The assets of the Imperial Family shall belong to the Realm. The House of Representatives of the Central Assembly shall decide on the increase or decrease of the expenses of the Imperial Family.

ARTICLE IV   The Emperor-in-Central Assembly shall be the supreme authority and highest legislative organ of the Myeonghan Realm.

(1) The Central Assembly shall consist of the Federal Council and the House of Representatives, each of which shall not be subordinated to each other.

(2) The Federal Council shall be the upper chamber of the Central Assembly. Every State shall be assigned one seat regardless of its population size. His Majesty’s Government shall seek the consent of the Federal Council, by simple majority, prior to moving a bill of amendment to this Constitution or any other bill that purports to change the relationship between federal institutions and the States or implicates on the relationship between one State and another. The Governor of a State shall at any one time freely designate a delegate to be the Federal Councillor representing his State in a Federal Council meeting. A Federal Councillor shall give considerable weight to the positions of the government and legislature of his State before casting a vote. The Lord Chancellor of the Privy Council shall be the Lord President of the Federal Council.

(3) The House of Representatives shall be the lower chamber of the Central Assembly. Members shall be elected through direct elections that adhere to the principles of equality, secret ballot, universal suffrage, and first-past-the-post.  

(4) The term of office of Members shall be five years, subject to the dissolution of the House of Representatives by the Monarch upon the request of the Prime Minister. Members of the Central Assembly may be re-elected to office.

(5) The eligibility of candidates to stand for election to the House of Representatives shall be decided by an independent statutory commission formed by representatives from the Office of Prosecutions, the Commission of Vigilance, and the Hongmungwan Institution of His Majesty’s Government with reference to personal integrity and ability to abide by Article I of this Constitution. Incumbent military officials and officers shall not be entitled to serve as Members of the House of Representatives.  

(6) The Lord Speaker of the House of Representatives of the Central Assembly shall be elected or dismissed by other Members of the House of Representatives.

(7) The House of Representatives shall practise majority rule in the exercise of its legislative powers. This shall illuminate the public law principle of autonomous law-making.

(8) The House of Representatives may improve on existing Acts with reference to the laws of other jurisdictions.

(9) Should the House of Representatives be convinced that the Prime Minister or any other Secretary of the Realm has engaged in serious unbecoming conduct, it may pass a resolution of no-confidence against that individual by simple majority voting amongst Members of the Central Assembly present. The affected individual shall immediately tender a resignation to the Monarch, who shall immediately accept it.

(10) Channels of communication are of cardinal importance to the governance of the Realm: unobstructed communications lead to good governance; obstructed communications lead to chaos and catastrophes. Federal Councillors and Members of the Central Assembly shall be immune from legal action in relation to their speeches, deliberations, and voting decisions within the four walls of the Central Assembly. Federal Councillors and Members of the Central Assembly shall not be subjected to arrest or surveillance when attending or on their way to a meeting of the Central Assembly.

(11) The freedom of the Central Assembly to exercise its investigative powers from interference by His Majesty’s Government and other public authorities shall be guaranteed; this shall illuminate the public law principle of checks and balances. 

(12) The practice of sagely virtue by the Lawgiver shall lead to the self-transformation of citizens and effortless, non-interventionist, governance. The legislative activity of the Central Assembly shall reduce control over society, intervention into the market economy of the Realm, trade, and the lives of citizens to the minimum, such that Acts of the Central Assembly shall enable citizens to lead convenient lives.

(13) Civil and criminal laws shall be cautiously enacted; arbitrary imprisonment and punishment shall be prohibited; and the lives and properties of citizens shall be protected. In the process of enacting legislation, due attention and caution shall be paid to its potential consequences.

(14) Treaties signed by His Majesty’s Government in the name of the Realm and ratified by the House of Representatives, customary international law, edicts, and regulations shall enjoy the status of law, but shall not override Acts enacted by the Emperor-in-Central Assembly.  

(15) The organisation of the Central Assembly and its two Houses shall be prescribed by law. 

ARTICLE V   His Majesty’s Government of the Myeonghan Realm shall be the highest executive organ of the Realm, and shall be responsible to the House of Representatives of the Central Assembly.  

(1) The Chief State Counselor of the Myeonghan Realm, hereinafter referred to as the Prime Minister,  shall be the Head of His Majesty’s Government of the Realm, the Chief Executive of the Cabinet of His Majesty’s Government, and the Commander-in-Chief of the Security Forces of the Realm. The Prime Minister shall lead the Public Service and be charged with the supreme responsibility of keeping the Realm in good order.

(2) The Prime Minister shall be a Member of the House of Representatives of the Central Assembly elected by other Members of the Central Assembly. The Monarch shall confirm the outcome of the election by edict.

(3) The term of office of the Prime Minister shall not be longer than that of the House of Representatives of the Central Assembly to which he belongs. 

(4) The Prime Minister shall appoint the rest of the ‘Three Dukes and Six Ministers,’  namely, the First Deputy Prime Minister (Foreign Affairs), the Second Deputy Prime Minister (Home Affairs), the Secretary of the Civil Service, the Secretary of Finance, Trade, and Commerce, the Secretary of Education, the Secretary of Defence, the Secretary of Justice, and the Secretary of Health, Labour and Social Security, with the exception of the office of the Secretary of Justice, who shall ex officio be held by the Lord Chancellor of the Privy Council. The Prime Minister may also appoint other Secretaries of the Realm to the Cabinet from amongst Members of the House of Representatives of the Central Assembly. 

(5) The Prime Minister shall be vested with authority to appoint and dismiss public servants. This shall illuminate the public law principle of autonomous selection of public servants. The Prime Minister shall bear in mind that the appointment of individuals with good moral character shall lead to political stability; the appointment of those with poor moral character shall result in political turmoil.

(6) The Monarch shall, with the advice and consent of the Prime Minister, prescribe or amend the institutional structure of executive and administrative organs, and the salaries of civilian and military officials; and issue various edicts that are necessary for the good government of the Realm. This shall illuminate the public law principle of self-government.

(7) The Monarch shall, with the advice and consent of the Prime Minister, dispatch diplomats to foreign states with diplomatic relations with the Realm and authorise the signature of various international treaties and agreements. This shall illuminate the public law principle of the prerogative of the dispatchment of envoys.

(8) Upon assuming office, the Prime Minister-elect shall, in the presence of the Monarch or the Regent, take the following oath: ‘I (personal name) solemnly swear that I will faithfully perform the duties of the Chief State Counselor of the Myeonghan Realm, appoint the virtuous and competent and strive for trustworthiness and cultivate harmony. I will, to the best of my ability, ensure that the elderly will be cared for, that those in their prime years will be able to utilise their talents, and that the youth will be enabled to grow up healthily; and provide compassionate assistance to those who are lonely, widowed, and sick. I will uphold, defend, and conserve the Constitution of the Myeonghan Realm. So help me God.’

(9) The Way of the Mean shall be the modus operandi of His Majesty’s Government. In administering the Realm, the Cabinet shall not be disproportionate, biased, extremist, arbitrary, or capricious. 

(10) To serve the Realm in a way satisfactory to the populace requires public officials of His Majesty’s Government to give utmost priority to the common good; to give central priority to special interests is to invite resistance and rebellion. In administering the Realm, the Cabinet shall not abuse public power for private gain; abuse the law for special interests; and behave in corrupt and fraudulent ways.

(11) To govern virtuously is to gain allegiance from all of the Realm despite governing in a non-interventionist manner. The foundation of governing rests upon being approachable to citizens. His Majesty’s Government shall eliminate modern slavery and adopt a low-tax policy in order to enable citizens to enjoy leisure and raise families. 

(12) The fundamental defence and foreign policy of the Realm shall be to respect international law, promote peace, and prohibit the invasion of nations.

(13) The Bibyeonsa Security Council  shall safeguard the right of the Myeonghan people to reside in a secure and peaceful Realm. It shall be presided over by the Prime Minister and Bibyeonsa Councillors selected by the Prime Minister from amongst high-ranking officials of the Cabinet, the Security Forces, and the Intelligence Services. The organisation of the Bibyeonsa Security Council shall be prescribed by law.

(14) Should the Realm be threatened by foreign aggression, His Majesty’s Government shall strictly enforce the doctrine of Jon-hwang-yang-i (‘Revere the Emperor and Expel the Barbarians’)  until victory is achieved.

(15) The Hongmungwan Institution  shall be the highest policy advisory organ of His Majesty’s Government. The Hongmungwan Institution shall provide His Majesty’s Government with non-partisan advice and evaluations of national policy.   

(16) The Cabinet may, in the absence of any feasible alternative, declare martial law under conditions of emergency. The House of Representatives of the Central Assembly may veto martial law that is incompatible with the public interest. The Constitutional Court may invalidate martial law that is in violation of this Constitution. 

(17) His Majesty’s Government shall regularly organise open civil service examinations without regard to the backgrounds of candidates, and shall widely seek talents and issue appointments whenever appropriate.

(18) Employees of His Majesty’s Government shall, regardless of personal political persuasions, execute reasonable and lawful instructions of the Government-of-the-day. This shall illuminate the public law principle of political neutrality. 

(19) The organisation of His Majesty’s Government shall be prescribed by law.

ARTICLE VI   Federal judges shall constitute the Judiciary of the Myeonghan Realm, and shall fairly and independently exercise the judicial power of the Realm.

(1) All courts in the judicial hierarchy shall independently exercise their power of adjudication, free from interference. 

(2) Judges shall, on the basis of the Constitution and the law, exercise their conscience, which is also their innate ability, and make good use of their knowledge of the law, reason, logic, and common sense to do justice, eradicate corruption, and promote integrity without fear or favour.

(3) One who try cases shall attempt to prevent litigation from arising. In dealing with civil cases, the courts shall facilitate social harmony by promoting mediation of disputes to facilitate settlement outside courtrooms. 

(4) The selection of judges shall be based on virtue and merit. An independent statutory commission, shall, on the basis of an applicant’s personal integrity and legal achievements, determine whether to nominate him as a judge. A recommended candidate shall be appointed by the Monarch by edict. 

(5) Judges shall remain in office until their statutory retirement age. Judges shall be prohibited from joining political parties and participating in political activities.

(6) Incumbent judges alleged to be incompetent at discharging their judicial duties or of unbecoming behaviour shall not be dismissed from their positions unless an independent committee elected by Grand Justices of the Constitutional Court  confirms the allegations to be true. 

(7) A judgment of a superior court shall bind an inferior court in a similar case; this shall be known as the principle of ‘like cases being treated alike’ in public law. 

(8) In the course of adjudication, the courts may refer to precedents of international judicial bodies.  

(9) The Supreme Court of Justice shall consist of the Federal Court of Appeal, which serves as the chamber of final appeal, of which the Lord Chancellor of the Privy Council is Lord President, and the Federal High Court, which serves as the chamber of first instance, of which the Lord Chief Justice is president, on matters relating to federal civil and criminal law. A Justice of the Federal Court of Appeal shall be appointed by the Monarch as Lord Chief Justice until his statutory retirement age by edict on the recommendation of an independent statutory commission. A first-instance Court of Chancery, of which the Lord Chancellor is Lord President, shall be established within the Federal High Court of the Supreme Court of Justice to hear cases in relation to the application of the rules of equity. The Lord Chancellor shall not hear any case of the Supreme Court of Justice in which there is a real possibility that he has an apparent or actual conflict of interest.

(10) The Constitutional Court shall be the final court of appeal on federal constitutional and administrative matters. Relevant decisions of the Constitutional Court shall bind the Supreme Court of Justice and the courts below. 

(11) The Constitutional Court shall determine the constitutionality of Acts, edicts, and regulations;  dissolve organisations that seek the termination of the Realm; and resolve conflicts between state and society.  

(12) An independent statutory commission shall select candidates from incumbent Grand Justices of the Constitutional Court for recommendation to the positions of Lord President and Deputy Lord President of the Constitutional Court. Recommended candidates, once attained approval from the House of Representatives of the Central Assembly, shall be appointed by the Monarch by edict as Lord President and Deputy Lord President of the Constitutional Court.  

(13) The organisation of courts at all levels shall be prescribed by law.

ARTICLE VII   The Office of Prosecutions shall be the highest organ of prosecutions of the Myeonghan Realm, vested with prosecutorial power, to be exercised without fear or favour. 

(1) The Office of Prosecutions shall operate independently, and may, in accordance with the law, initiate criminal prosecutions in the various courts of the judicial hierarchy, and shall not be subject to interference. 

(2) The Office of Prosecutions shall adhere to the following principles in the handling of cases: nullum crimen, nulla poena, sine lege;  the presumption of innocence; the principle against double jeopardy; the co-existence of mens rea and actus reus, and the principle that the prosecution shall bear the burden to prove the guilt of the accused beyond reasonable doubt. Convictions shall be based on the precise details of each case; there shall be no miscarriages of justice affecting the populace; the principle of justice shall be upheld, and seen to be upheld.

(3) The appointment of the Lord Prosecutor-General and Deputy Lord Prosecutor-General shall be based on virtue and merit. An independent statutory commission, shall, on the basis of an applicants’ personal integrity and legal achievements, determine whether to nominate them as Lord Prosecutor-General and Lord Deputy Prosecutor-General. Recommended candidates shall be appointed by the Monarch by edict. 

(4) Prosecutors  shall be recruited through open examinations organised by the Office of Prosecutions.  

(5) Incumbent prosecutors, subject to the consent of the Office of Prosecutions, shall not be arrested or detained.  

(6) The organisation of the Office of Prosecutions shall be prescribed by law.

ARTICLE VIII   The Commission of Vigilance shall be the highest organ of superintendence of the Myeonghan Realm, vested with the power of superintendence over public institutions, to be exercised without fear or favour; shall independently audit the financial income and expenses of public institutions; and shall rectify errors committed by public servants.

(1) Should the Commission of Vigilance be convinced that a public institution has violated public law, the Commission may initiate constitutional or administrative litigation in the Constitutional Court against that public institution. 

(2) The Commission of Vigilance shall be entitled to study any document of His Majesty’s Government, to determine whether maladministration has occurred, and recommend improvements to be implemented. 

(3) The Commission of Vigilance shall, under reasonable suspicion, search and seize evidence from any public institution. Should the Commission of Vigilance be convinced that relevant public officials have committed offences of corruption and bribery, the Commission may transfer the relevant cases to the Office of Prosecutions for criminal prosecutions.  

(4) The Commission of Vigilance shall be entitled to provide the House of Representatives of the Central Assembly with independent information on and analyses of the financial accounts of any public institution.  

(5) The Commission of Vigilance shall be authorised to advise the Monarch on matters relating to the speeches and behaviour of the Monarch and members of the Imperial Family. Should the Monarch disagree with the advice of the Commission of Vigilance, he shall in writing provide the Commission of Vigilance with detailed justifications of his disagreement.

(6) The appointment of Grand Superintendents of the Commission of Vigilance  shall be based on virtue and merit. An independent statutory commission, shall, on the basis of an applicant’s personal integrity and legal achievements, determine whether to nominate him as a Grand Superintendent. A recommended candidate shall be appointed by the Monarch by edict.  

(7) The Lord Commissioner and Deputy Lord Commissioner of the Commission of Vigilance shall be the director and deputy director of the Commission of Vigilance, respectively, and shall be elected by Grand Superintendents from amongst themselves. Recommended candidates shall be appointed by the Monarch by edict.  

(8) Superintendents of the Commission of Vigilance shall be recruited through open examinations organised by the Commission of Vigilance.

(9) Incumbent superintendents of the Commission of Vigilance shall, subject to the consent of the Commission of Vigilance, not be arrested or detained.

(10) The organisation of the Commission of Vigilance shall be prescribed by law.  

ARTICLE IX   Acts of the Central Assembly, edicts, regulations, and other executive, legislative, and judicial acts of the Realm that contravene this Constitution shall be null and void; this shall illuminate the public law principle of a government of laws not men.

(1) This Constitution is both a manual of morality and a code of statecraft; it deploys legal norms to prompt citizens to cultivate themselves morally in reverential carefulness and those governing the Realm to cultivate themselves morally in order to bring peace to others; by the same token, it promotes sagely doctrines of Confucianism in order to keep the functioning of a liberal democratic constitutionalist polity on the right moral track. Ignorance of and apathy to ultimate legislative objectives contained in the original intent of a law is bound to result in negative consequences. Every interpreter of this Constitution shall construe this Constitution in a just manner in order to live up to the original intent and meaning of this Constitution at the time of its adoption.

(2) Classics of Confucianism, namely the Four Books and Five Classics, may be used to assist the interpretation of this Constitution. Should there be any alleged conflict between a Confucian classic and the preamble and provisions of this Constitution, the interpreter shall strive to arrive at an interpretation that best reconciles the two. In case a reconciliation is impossible, this Constitution shall prevail.  

(3) English, Hanmun, and Korean shall be official languages of the Realm. Should there be an irreconcilable conflict amongst the three in the context of constitutional and legal interpretation, the English version of the legal text in question shall prevail.

(4) Principles contained in Article I of this Constitution shall collectively be deemed to be a golden rule of infinite weight that shall be unamendable and inalterable. The present provision shall also be unamendable and inalterable.

(5) A Bill of Amendment to this Constitution and its Annex I may not be proposed unless it has been unanimously signed by no less than one-third of Members of both Houses of the Central Assembly combined.

(6) A Bill of Amendment to this Constitution and its Annex I may not be passed unless it has been endorsed by voting by no less than two-thirds of Members of both Houses of the Central Assembly combined present at the relevant meeting, which shall consist of no less than three-quarters of all Members of both Houses of the Central Assembly combined.

(7) Should doubt arise in relation to the constitutionality of a Bill of Amendment to this Constitution and its Annex I, the Constitutional Court shall be entitled to adjudicate on its constitutionality.   

ANNEX I

MOTTO, FLAG, EMBLEM, AND ANTHEM

(1) The legacies of the three glorious eras  of Ha, Sang, and Ju are best conserved in our Realm; by the same token, succession to the Imperial Way of the Myeong (‘Great Illumination’) exists only in our Realm. ‘Illuminate Heaven and Earth,’  which has its origin in the motto of the Daehan Empire, shall be the motto of the Myeonghan Realm.

(2) The Hwanggeukgi, rich in Confucian symbolism, shall be the flag of the Myeonghan Realm, whose design, despite modifications, has its origins in the Taegeukgi of the Daehan Empire. The background colour of the Hwanggeukgi shall be white, which symbolises the simplicity of the Myeonghan people; the Taegeuk symbol in the middle of the flag symbolises balance and harmony between the eum  and yang,  represented by the colours blue and red—cosmic forces that manifest in marriage between man and woman,  respectively: it is right and just in all places under Heaven that the relationship between men and women be right and just; the trigrams geon, gon, ri, gam surrounding the Taegeuk symbol symbolise the four virtues of humaneness, justice, propriety, and wisdom, respectively. The three broken or unbroken lines in each trigram stand for fundamental principles of reality. The circular shape of the four trigrams combined symbolises the Circular Mound Altar,  itself a symbol of harmony between heaven and humanity, where the Monarch regularly offers sacrifices of praise to God.

(3) The Emblem of the Realm, which has its origin in the Daehan Empire, shall be the emblem of the Myeonghan Realm. The eagle, which holds the sword of justice and the globe of peace, represents longevity and victory. The eight taegeuk symbols on its two wings represent the eight States of the Realm. The central Taegeuk represents the Emperor-in-Central Assembly. The eight trigrams  surrounding the central Taegeuk collectively represent the mysteries of the universe.  

(4) The Patriotic Anthem of the Daehan Empire and its lyrics shall be the anthem of the Myeonghan Realm. The lyrics of the Patriotic Anthem in the three official languages shall be as follows:

May God save our Emperor!

Long live the Emperor!

While hermits raise their houses with yearly coming twigs.

Keeping his power and influence on the world.

May his happiness forever be renewed for, O, million years.

May God save our Emperor!

上帝保佑皇帝聖上

聖壽無疆

海屋籌山

威權瀛廣

於千萬歲

福祿無窮

上帝保佑皇帝聖上

상뎨 (上帝) 는 우리 황뎨 (皇帝) 를 도우샤

셩슈무강 (聖壽無疆) ᄒᆞ샤

ᄒᆡ옥듀 (海屋籌) 를 산 (山) 갓치 ᄡᆞ으시고

위권( 威權) 이 환영 (環瀛) 에 ᄯᅳᆯ치샤

오! 쳔만셰 (千萬歲) 에 복녹 (福祿) 이

일신 (一新) 케 ᄒᆞ쇼셔

상뎨 (上帝) 는 우리 황뎨 (皇帝) 를 도우소셔