Founding Law of the State of Sandus

The Founding Law of the State of Sandus is the fundamental law of Sandus and provides the framework for the unwritten constitution of the State of Sandus. The Founding Law is divided into a preamble and 10 articles and forms the basis of the Sandum government, political structure, economic and social structures. Taking into consideration the dual definitions of the State as being either an elected monarchy or a presidential republic, commentary is provided beneath each article.

Preamble

In the Truth and Teachings of the Three Jewels and the Benedictions of All the Gods!
We, the People of Sandus, finding strength in their resolution for the expression of their sovereign will, provide within this Founding Law of the State a government of our people. The Sovereign People of this State, compelled by the creation of a sovereign state that is instrumental to the welfare of its people, prescribe to their government the same rights the people themselves have prescribed amongst each other.
Among these, the right to life and the right to petition the government for the expression of their sovereign will, the People do so provide to this government and to themselves, by the hand of them. In the benedictions of the Gods, the Three Jewels and the People, this State and Government of these People is formed on their blessings:

The Preamble of the Founding Law establishes the basis of both the State and a large part of the Sandum culture. In it are Socialist, Buddhist, and independent (later known as Sancta) influences. In the preamble is the first time the motto of the Three Jewels and all the Gods is used, which has often become a motto used by the Sôgmô during royal ventures. Finally, the Preamble notes that the government is not just derived from the Sandum Philosophy, but also from the People.

Article 1

The State of Sandus is a sovereign state founded on the basis of the sovereignty of the people under the power of the Sôgmô. The maintenance and order of the socialist society and people’s rights of the function of the state is based upon the equal rights of citizens and the socialist society of the People of Sandus. Major matters of the State are submitted to national referendum, wherein all Sandum people may vote.

Article 1 is the most fundamental article of the Founding Law. It establishes the basis of sovereignty in Sandus and how legitimacy is derived from the people. This article also establishes the primacy of the Sandum socialist and liberal State, as well as the equality of all citizens.

Article 2

The people conform to the belief of socialism, in line with the philosophy of the Sandum society.

This article provides flexibility with determining what the Sandum philosophy is; however, by now, the Sandum Philosophy has been extensively written on.

Article 3

All power is performed by the expression of the Sôgmô, who is the sole holder of the People’s power. All power is to the Sôgmô.

This article is one of the basis for which the definition of Sandus as a monarchy is based. This article gives all power, fundamentally, to the Sôgmô as the head of the State and, therefore, the “holder of the People’s power”. However, in Sandus where the Sôgmô is elected annually, this addition of an election for the Sôgmô (not originally in the framework of the Founding Law) provides a far more legitimate office.

Article 4

The classic rights of the Sandum people and the right to petition the government for a redress of its function or in redress of its policies shall not be abridged.

Building off the experience of former Sandum governments, which established the rights of life (these are enumerated in Article 5), this article gives all citizens rights and freedoms. The right to petition, not derived from former experience, is a new right that has broad, sweeping powers for the citizens: they can, today, petitition the Office of the Sôgmô for a redress of any of its functions or policies and the Office is bound by convention to change.

Article 5

The People of Sandus enjoy the right to life, including the right to work, the right to rest, the right to care in old age and illness, the right to housing, the right to education, the right to culture, the right to expression, the right to conscience, the right to protection from the state and the right to the inviolability of the home. Each citizen is equal before the law.

This article enumerates the “classic rights of the Sandum People” from Article 4. These “rights of life”, as they are called, are amongst those used in liberal Western states as well as economic rights used in traditional socialist states. Again, this article also reiterates the equality of all citizens, taking focus on law.

Article 6

The People of Sandus are organised amongst cooperatives created by and amongst the people. These cooperatives are the means of production of the State. The rules and objectives of the cooperatives are laid down in the law and organisations’ rules. Income is found on the basis of labour; from each according to their ability and to each according to their need and work. Ownership of the person, except for the ownership of the land of the People, is universal unto them. Social improvement and wealth is found on the labour of the people, free from exploitation. The People of Sandus shall create and found in the law security for the health and living of the People and represent the cooperatives to secure their production and the distribution of their profits amongst the workers. The People of Sandus take proactive steps to secure and promote the welfare of science, agriculture, health and the environment, in the best interests of present and future generations.

Article 6 relates specifically to the economic system in Sandus. This article creates the system of cooperatives — cooperatively owned economic bodies that operate upon the system of worker democracy and create their own laws. The central system of the State also guides the cooperatives (as per Article 7), and income is founded upon the formula of “from each according to their ability and to each according to their need and work.”
Apart from cooperatives, this article also provides for public ownership, ownership of personal property, and a system of proactive policies for “social improvement”.

Article 7

The society of Sandus is based upon the alliance of the sovereign people united as workers, farmers and intellectuals. The People of Sandus shall provide opportunities for the expression and welfare of the people equally, protect the safety and health of the people, provide for the modernisation of cooperatives and labour, provide a uniform education system that is open and free to all, provide for planned development of the state and its activities according to and in preparation of society’s needs, and provide for the protection of culture and the people’s weal for their education and welfare.

Whereas Article 6 was dedication to the socialist economic system, Article 7 is dedicated to the socialist social system. This article notes the proletarian alliance between workers, farmers, and the intelligentsia as the basis of the society of the sovereign people. Furthermore, maintenance for the society of the sovereign people is stipulated in this article.

Article 8

The People of Sandus pursue policies of peace and cooperation with foreign states in accordance with socialism and the People’s society and shall promote and strengthen comradery amongst socialist states. The People pursue policy to strengthen the state abroad, strengthen the people and socialism abroad, support the struggles of peoples who pursue national liberation and social progress, and prevent instances of aggression and war. The People shall engage in relations with other state which are prepared to observe the sovereignty of other states and their peoples, promote peaceful and mutual discourse and cooperation between states, respect the inviolability of frontiers and the territorial integrity of state, demonstrate respect for human rights and fundamental freedoms, and agree to make the necessary provisions for the fulfilment of obligations arisen from principles and rules of international law.

Foreign relations are often key to micronations. Therefore, this article stresses policies of peace, cooperation, proletarian internationalism, anti-imperialism and anti-fascism, and social progress. This article also stresses that Sandum foreign partners must respect and cooperate with foreign states, as well as abide by international law.

Article 9

The Sôgmô carries out the necessary policies of the state and shall publish all policies and is the premier representative of the people and the vanguard of the People.

This article dictates that, as all power is to the Sôgmô and derived from the people, the Sôgmô must enact necessary policies (i.e., those policies specifically included in this Founding Law and those that arise from necessity in the future); furthermore, the Sôgmô is the head of state and the vanguard of the State of Sandus.

Article 10

This Founding Law shall be affirmed by the State Caucus of Sandus by a majority vote and shall be enacted immediately. This founding law shall be the supreme law of the land, and may be amended by the Sôgmô and thus ratified by a majority of the People.

This article deals with the ratification and amending of the Founding Law. At the time of the Founding Law’s drafting, a State Caucus operated as a provisional government over Sandus and this clause declares that a majority vote of the Caucus will ratify the law and it will be enacted immediately. Futhermore, if the most basic law of the State should be amended in the future, it must be amended by the Sôgmô and thereby ratified by a national referendum.