Transitional Constitutional Instrument of the Protectorate of Hanafleura

Transitional Constitutional Instrument of the Protectorate of Hanafleura
Jurisdiction	Hanafleura
Presented	2 April 2026
Date effective	6 April 2026

Instrument of Enactment

Imperial Seal of Opthelia, affixed by Empress Athena II, on behalf of the people of the Empire of Opthelia.

Seal of Hanafleura, affixed by Governor David Wescott, on behalf of the people of the Protectorate of Hanafleura.

We, ATHENA II, by the grace of the Divine Twelve and the mandate of Heaven, Empress of Opthelia, Sovereign of all Opthelian Territories and Protectorates, do hereby enact, by Imperial Instrument under the Imperial Seal, the following Transitional Constitutional Instrument for the Protectorate of Hanafleura, to govern the Protectorate for the duration of the Transitional Period, to provide for the progressive assumption by the people of Hanafleura of competences in their own governance, and to establish the terms upon which the Protectorate shall, at the conclusion of the Transitional Period, determine its future status in accordance with the provisions herein.

This Instrument takes effect on the date of its proclamation by the Imperial Governor of Hanafleura, and shall remain in force until superseded by the outcome of the Independence Referendum provided for in Part XII, or by such other lawful instrument as is consistent with this Instrument.

Given under My Hand and the Imperial Seal

at the Imperial Palace, Eddington

in the first year of the Hanafleura Transitional Period

ATHENA II

Empress of Opthelia

Countersigned

STEVEN WALLACE

Minister for Colonial Affairs,

Imperial Council of Opthelia

DAVID WESCOTT

Governor of Hanafleura

YUTA WATANABE

Lieutenant-Governor of Hanafleura

Preamble

The people of Hanafleura and of the Empire of Opthelia, recognising the unique history that binds them;

Acknowledges that the Protectorate of Hanafleura has long formed part of the Commonwealth of Opthelian Diasporic Nations, and that its people are entitled to the progressive assumption of self-governance;

Affirm that the demarchic principle - the selection of legislative representatives by civic lot from among qualified citizens - best realises the ideal of governance as a civic responsibility held in common, rather than a prize contested by competing factions;

Recognise that the security of Hanafleura, as a territory of strategic importance in a complex regional environment, requires an enduring partnership with Opthelia, to be formalised in accordance with the provisions of this Instrument;

Commit to a Transitional Period of ninety-nine years, during which the competences of self-governance shall be progressively transferred to Hanafleuran institutions in a manner consistent with the capacity of those institutions to exercise them responsibly;

Resolve that at the conclusion of the Transitional Period, the people of Hanafleura shall freely determine their future status;

and hereby adopt the following:

Part I: Foundational Provisions

Article 1. The Protectorate

(1) The Protectorate of Hanafleura comprises the islands, coastal territories, and internal and territorial waters defined in Schedule One to this Instrument, together with such further territories as may be incorporated by Imperial Instrument.

(2) Hanafleura is a Protectorate of the Empire of Opthelia, governed during the Transitional Period in accordance with this Instrument.

(3) The capital of the Protectorate for administrative purposes shall be designated by the Imperial Governor by Proclamation.

Article 2. The Transitional Period

(1) The Transitional Period commences on the date of enactment of this Instrument and concludes on the ninety-ninth anniversary thereof, referred to in this Instrument as the Terminal Date.

(2) During the Transitional Period, the Protectorate is governed by the institutions established under this Instrument, in accordance with the Competence Schedule set out in Part IX.

(3) The Transitional Period may not be shortened or extended except by Imperial Instrument enacted with the consent of the Hanafleuran Deliberative Assembly expressed by a resolution passed at a threshold of not less than three-quarters of serving members.

Article 3. Sovereignty

(1) Sovereignty over the Protectorate vests in the Empress of Opthelia during the Transitional Period.

(2) The exercise of sovereignty is delegated to the Imperial Governor in accordance with this Instrument and with such Imperial Instructions as the Empress may from time to time issue.

(3) Nothing in this Instrument limits the sovereign authority of the Empress to issue Imperial Instruments affecting the Protectorate n matters not falling within the devolved competences conferred on the Hanafleuran Deliberative Assembly by the Competence Schedule.

Article 4. Languages

(1) English is the language of administration of the Protectorate. All official acts, instruments, and proceedings of the institutions established under this Instrument shall be conducted in English.

(2) Hanafleuran is recognised as a language of the Protectorate. The institutions of the Protectorate shall take reasonable measures to support its use in civic life.

(3) Nothing in this Article prevents the Deliberative Assembly from providing, within its devolved competences, for the use of Hanafleuran in matters within its jurisdiction.

Part II: Rights and Civic Guarantees

Article 5. Fundamental Rights

(1) Every person within the Protectorate is entitled to the following rights, subject only to such limitations as are prescribed by law and are reasonable in a free and ordered society:

(a) the right to life, liberty, and security of person;

(b) freedom from arbitrary detention, search, or seizure;

(c) freedom of thought, conscience, and religion;

(d) freedom of expression, subject to such limitations as are necessary for the protection of public order, the rights of others, or the integrity of the institutions of the Protectorate;

(e) freedom of peaceful assembly and association;

(f) the right to a fair hearing before an independent tribunal in respect of any civil or criminal matter;

(g) the right to be free from discrimination on grounds of race, sex, language, or religion in the exercise of rights recognised under this Instrument.

(2) The rights set out in this Article may not be derogated from except in a period of emergency declared under Article 30, and then only to the extent strictly required by the exigencies of the emergency.

Article 6. Civic Participation

(1) Every person entered on the Civic Register shall be eligible for selection to the Hanafleuran Deliberative Assembly in accordance with Part III and Part IV.

(2) No person may be excluded from the Civic Register except on grounds established by or under this Instrument.

Article 7. Economic and Social Rights

(1) The institutions of the Protectorate shall, to the extent of their devolved competences and available resources, take reasonable measures to promote the welfare, health, and education of the people of Hanafleura.

(2) Nothing in this Article creates a directly enforceable claim against the Protectorate or the Empire except as may be provided by law within devolved competences.

Article 8. Cultural and Linguistic Rights

(1) The culture, traditions, and language of Hanafleura are recognised as a heritage of the Protectorate and shall be respected by the institutions established under this Instrument.

(2) The Deliberative Assembly may, within its devolved competences, enact measures for the preservation and promotion of Hanafleuran culture and language.

Part III: The Civic Register

Article 9. Establishment of the Civic Register

(1) The Civic Register is the official register of persons eligible for selection to the Hanafleuran Deliberative Assembly.

(2) The Civic Register shall be maintained by the Secretariat of the Deliberative Assembly, under the supervision of the Council of Constitutional Guardians.

(3) The Civic Register shall be reviewed and updated at intervals of not less than six months.

Article 10. Eligibility for Registration

(1) A person is eligible for entry on the Civic Register if that person satisfies all of the following requirements:

(a) holds the status of a qualifying resident of the Protectorate, being a person who has maintained continuous ordinary residence within the Protectorate for a period of not less than five years immediately preceding the date of application;

(b) has attained the age of twenty-one years;

(c) holds a Certificate of Secondary Completion or an equivalent qualification recognised by the Secretariat in accordance with standards set by the Council of Constitutional Guardians, being a qualification which demonstrates satisfactory attainment in literacy, numeracy, and civic knowledge;

(d) demonstrates sufficient proficiency in the English language to participate effectively in the deliberative processes of the Assembly, such proficiency to be assessed in accordance with standards established by the Secretariat;

(e) is not subject to any active administrative sanction within the meaning of Article 12(2); and

(f) is not otherwise disqualified under Article 12.

(2) The requirement of five years continuous residence under paragraph (1)(a) is not broken by absences of less than ninety days in aggregate within any twelve-month period.

(3) The Council of Constitutional Guardians may, by instrument, recognise additional qualifications as equivalent to the Certificate of Secondary Completion, having regard to the educational standards that qualification represents.

Article 11. Registration

(1) A person who satisfies the eligibility requirements of Article 10 shall be entered on the Civic Register upon application.

(2) Registration is not automatic. A person who fails to apply for registration within twelve months of becoming eligible shall not be entitled to retrospective registration for any draw occurring during the period of non-registration.

(3) The Secretariat shall conduct regular civic registration campaigns to encourage eligible persons to register, and shall provide assistance to persons seeking to satisfy the requirements of Article 10(1)(c) and (d).

Article 12. Disqualification

(1) The following persons shall not be entered on, or shall be removed from, the Civic Register:

(a) any person who has been convicted of an offence carrying a custodial sentence of five or more years within the preceding ten years;

(b) any person serving a sentence of imprisonment;

(c) any person declared by a competent court to be of unsound mind;

(d) any serving officer or employee of the Secretariat or the Council of Constitutional Guardians; and

(e) any person who, at the time of a draw, is serving as a member of the Deliberative Assembly.

(2) For the purposes of Article 10(1)(e), an active administrative sanction means any penalty, prohibition, or restriction imposed by an instrument of the Protectorate's administration that has not been discharged, set aside, or expired, and that is of a category designated by the Council of Constitutional Guardians as relevant to civic eligibility.

(3) A person removed from the Civic Register under paragraph (1)(a) may apply for re-registration upon the expiry of the relevant period, subject to satisfaction of all eligibility requirements.

Part IV: The Hanafleuran Deliberative Assembly

Article 13. Establishment and Composition

(1) There is hereby established a Hanafleuran Deliberative Assembly, being the representative body of the Protectorate for the purposes of deliberation and resolution on matters within the devolved competences of the Protectorate.

(2) The Deliberative Assembly shall consist of seventy-five members selected by civic lot from the Civic Register in accordance with this Part.

(3) Members of the Deliberative Assembly shall be drawn in such proportions from the territorial districts designated in Schedule Two as will ensure reasonable geographic representation across the Protectorate.

Article 14. The Selection Draw

(1) A Selection Draw shall be conducted by the Secretariat at intervals of eighteen months, or as otherwise required under this Part.

(2) The Selection Draw shall be conducted in a manner that is transparent, verifiable, and resistant to interference, using methods approved by the Council of Constitutional Guardians.

(3) The Secretariat shall give public notice of the Selection Draw not less than sixty days prior to the date of the draw.

(4) A person selected in the draw who, within twenty-eight days of notification, notifies the Secretariat of a material hardship, medical incapacity, or other substantial ground approved by the Secretariat may be excused from service. The Secretariat shall draw an alternate from the relevant district pool.

(5) Selection in a draw confers a civic duty to serve. Refusal to serve without a ground approved under paragraph (4) is an administrative irregularity that shall be recorded in the register of the person concerned.

Article 15. Terms of Service

(1) Members of the Deliberative Assembly serve for a term of eighteen months from the date of their swearing-in.

(2) A person may not serve as a member of the Deliberative Assembly in consecutive terms. A person who has served a full term is not eligible for selection in the following draw but may be selected in any subsequent draw.

(3) Service is not broken by approved leave of absence of up to twenty-eight days.

(4) A vacancy arising during a term shall be filled by a supplementary draw from the relevant district pool within thirty days of the vacancy arising.

Article 16. Compensation and Conditions of Service

(1) Members of the Deliberative Assembly shall receive such remuneration, allowances, and support services as are determined by the Council of Constitutional Guardians from time to time.

(2) Members are entitled to return to their place of employment at the conclusion of their term on terms no less favourable than those held at the commencement of service, and their employer shall not penalise them for their absence in civic service.

(3) The Secretariat shall provide members with accommodation, administrative support, research assistance, and translation services as necessary for the performance of their duties.

Article 17. The Secretariat

(1) The Deliberative Assembly shall be supported by a Secretariat, which is an administrative body responsible for the logistical, administrative, and deliberative support of the Assembly.

(2) The Secretariat is headed by the Secretary-General, who is appointed by the Council of Constitutional Guardians for a term of seven years, renewable once.

(3) The Secretary-General shall appoint such staff as are necessary for the performance of the Secretariat's functions, subject to budgetary limits approved by the Council of Constitutional Guardians.

(4) The Secretariat is responsible for:

(a) maintaining the Civic Register;

(b) conducting Selection Draws;

(c) preparing and providing to members of the Assembly such briefing materials, expert witness lists, and background documents as are required for deliberation on referred matters;

(d) engaging and scheduling expert witnesses and subject-matter advisers;

(e) facilitating deliberative sessions in accordance with methods approved by the Council of Constitutional Guardians; and

(f) recording and transmitting Assembly resolutions to the Council of Constitutional Guardians.

(5) The Secretary-General shall maintain a standing list of approved expert witnesses and advisers in each area of the Assembly's competence. Additions to and removals from this list shall be approved by the Council of Constitutional Guardians.

Article 18. Deliberation Procedures

(1) Deliberation in the Assembly shall be facilitated by a professional facilitator appointed by the Secretariat from a panel approved by the Council of Constitutional Guardians.

(2) Members of the Assembly shall be provided with balanced briefing materials on each referred matter, prepared by the Secretariat in consultation with the approved expert witness list.

(3) The Assembly shall give each referred matter not less than fourteen days of deliberation, including the hearing of expert witnesses, before proceeding to a resolution.

(4) Proceedings of the Assembly shall be recorded and a summary made available to the public within fourteen days of each session.

(5) The Assembly shall determine its own internal rules of procedure, subject to the approval of the Council of Constitutional Guardians.

Article 19. Voting Thresholds

(1) A resolution of the Deliberative Assembly is carried by a simple majority of members present and voting, unless this Instrument specifies a higher threshold.

(2) The following resolutions require a majority of not less than three-fifths of all serving members:

(a) any resolution requesting the Council of Constitutional Guardians to refer a matter outside those proposed by the Council;

(b) any resolution on a matter within the Third or Fourth Devolution; and

(c) any Type A amendment under Article 44.

(3) The following resolutions require a majority of not less than three-quarters of all serving members:

(a) any resolution on a bilateral treaty referred for Assembly ratification;

(b) any resolution on a matter within the Security Partnership framework under Part X; and

(c) any Type B or Type C amendment under Articles 45 and 46.

(4) Quorum is forty members. No resolution may be passed in the absence of a quorum.

Article 20. Assembly Resolutions

(1) A resolution of the Deliberative Assembly on a matter within its devolved competence, passed at the applicable threshold, shall be transmitted to the Council of Constitutional Guardians for ratification.

(2) A resolution that is not ratified by the Council of Constitutional Guardians within sixty days is deemed to have lapsed. The Council shall provide written reasons for non-ratification within the same period.

(3) A lapsed resolution may be resubmitted to the Assembly once, with such modifications as the Assembly determines are responsive to the Council's reasons for non-ratification. A resubmitted resolution that is not ratified shall not be further resubmitted during the same term of the Assembly.

Article 21. Limitations on Assembly Competence

(1) The Deliberative Assembly may not deliberate on, or pass resolutions concerning:

(a) matters not within the devolved competences conferred by the applicable stage of the Competence Schedule;

(b) matters designated as non-justiciable under Part VIII;

(c) matters within the reserve powers of the Imperial Governor under Article 28;

(d) the terms of any Imperial Commercial Instrument or Imperial Strategic Instrument; or

(e) the constitutional status of the Protectorate, except as provided under Part XII.

(2) A resolution that purports to address a matter beyond the Assembly's competence is void and shall not be transmitted to the Council of Constitutional Guardians.

(3) The Council of Constitutional Guardians shall, on referral from the Secretariat or its own motion, determine whether a resolution or proposed resolution falls within the Assembly's competence.

Part V: The Council of Constitutional Guardians

Article 22. Establishment and Composition

(1) There is hereby established a Council of Constitutional Guardians, which shall serve as the ratifying body and constitutional supervisory authority of the Protectorate.

(2) The Council shall consist of seven members. The number of seats held by members appointed by the Imperial Governor (Governor-appointed seats) and the number held by members appointed by the Deliberative Assembly (Assembly-appointed seats) shall vary across the Transitional Period in accordance with the Composition Schedule set out in paragraph (3).

(3) The Composition Schedule is as follows:

Stage	Operative From	Governor-Appointed	Assembly-Appointed
Initial	Year 0	5	2
First Devolution	Year 15	4	3
Second Devolution	Year 35	3	4
Third Devolution	Year 60	2	5
Fourth Devolution	Year 85	1	6
Terminal	Year 99	0	7

(4) Governor-appointed members are appointed by the Imperial Governor from a list of not fewer than ten candidates produced by the Deliberative Assembly by resolution passed by a simple majority of serving members. The candidates on the list shall be persons of recognised standing in law, public administration, or civic affairs within the Protectorate or of recognised standing in the public life of the Protectorate.

(5) The Imperial Governor may return a list produced under paragraph (4) once, providing brief written reasons within thirty days of receipt. The Assembly shall produce a second list of not fewer than ten candidates within sixty days of receiving the return. The Imperial Governor must appoint from the second list and may not return it.

(6) Assembly-appointed members are appointed by the Deliberative Assembly by resolution passed by not less than three-fifths of all serving members.

(7) All members of the Council, whether Governor-appointed or Assembly-appointed, serve terms of seven years, renewable once. Governor-appointed members serve at the pleasure of the Imperial Governor and may be removed by Gubernatorial Proclamation. Assembly-appointed members may be removed by the Assembly by resolution passed by not less than three-fifths of all serving members.

(8) The transition from one stage of the Composition Schedule to the next operates by the next vacancy mechanism. Upon the applicable Devolution milestone being reached, the next seat that falls vacant through the natural expiry of a Governor-appointed member's term or through that member's resignation, death, incapacity, or removal shall be filled as an Assembly-appointed seat under paragraph (6). This process repeats, seat by seat as vacancies arise, until the composition specified for the new stage is achieved. During any period in which conversion is not yet complete, the Council continues to operate in the composition then in force, which shall be taken to satisfy the requirements of the applicable stage for all purposes under this Instrument.

(9) The President of the Council is elected by the Council from among all of its members, by majority vote. The President holds office for two years and may be re-elected.

Article 23. Functions of the Council

(1) The Council of Constitutional Guardians shall:

(a) determine the agenda of matters to be referred to the Deliberative Assembly for deliberation, in accordance with Article 32;

(b) ratify or decline to ratify resolutions of the Deliberative Assembly, in accordance with Article 25;

(c) appoint and supervise the Secretary-General of the Secretariat;

(d) approve the list of expert witnesses and advisers maintained by the Secretariat;

(e) approve the deliberation procedures and facilitation methods used by the Secretariat;

(f) determine competence questions arising under Article 21(3);

(g) maintain the Strategic Assets Register under Article 34; and

(h) perform such other functions as are conferred on it by this Instrument.

Article 24. Proceedings of the Council

(1) The Council shall meet not less than six times per year in ordinary session, and may meet in extraordinary session at any time on the convening of the President.

(2) Decisions of the Council are taken by majority of members present and voting, with the President having a casting vote in the event of a tie.

(3) Proceedings of the Council shall be recorded. A summary of agenda items considered and decisions taken shall be made available to the Assembly within thirty days of each session. Deliberations that the Council designates as involving matters of security or strategic sensitivity may be excluded from the published summary.

Article 25. Ratification Procedure

(1) Upon receipt of a resolution of the Deliberative Assembly, the Council shall:

(a) within fourteen days, determine whether the resolution falls within the Assembly's competence and whether it is consistent with this Instrument; and

(b) within sixty days of receipt, either ratify the resolution or decline ratification, providing written reasons for any declination.

(2) The Council may ratify a resolution conditionally, specifying modifications required for the resolution to take effect. The Assembly may accept the conditional ratification by resolution passed at the applicable threshold.

(3) A ratified resolution, or a conditionally ratified resolution accepted by the Assembly, shall be transmitted to the Imperial Governor for assent in accordance with Article 31.

Part VI: The Imperial Governor

Article 26. Appointment

(1) The Imperial Governor of Hanafleura is appointed by Imperial Instrument under the Imperial Seal.

(2) The Imperial Governor holds office at the pleasure of the Empress and may be recalled or replaced by Imperial Instrument at any time.

(3) In the event of the incapacity or absence of the Imperial Governor, the duties of the office shall be performed by the Lieutenant-Governor, who is appointed by the Empress on the recommendation of the Imperial Governor.

Article 27. General Functions

(1) The Imperial Governor shall:

(a) represent the Empress in the Protectorate and give effect to the Empress's sovereignty therein;

(b) administer the Protectorate in accordance with this Instrument and with Imperial Instructions;

(c) chair the Governor's Advisory Committee, composed of such persons as the Governor appoints;

(d) manage the affairs of the Protectorate in respect of matters not within the devolved competences of the Deliberative Assembly; and

(e) liaise with the Council of Constitutional Guardians on the administration of this Instrument.

Article 28. Reserve Powers

(1) The Imperial Governor retains the following reserve powers, which are exercisable by Gubernatorial Proclamation:

(a) the power to dissolve the Deliberative Assembly and direct the Secretariat to conduct a fresh Selection Draw, where the Governor is satisfied that the Assembly is unable or unwilling to discharge its deliberative functions;

(b) the power to set aside a resolution of the Deliberative Assembly that has been ratified by the Council of Constitutional Guardians, where the Governor determines that the resolution is inconsistent with Imperial Instructions, threatens the security of the Protectorate, or is contrary to the interests of the Empire;

(c) the power to act in place of the Deliberative Assembly in respect of any devolved competence, where the Governor is satisfied that urgent action is necessary to prevent material harm to the Protectorate and that the Assembly cannot be convened in time to address the matter;

(d) the power to designate any matter as a matter of security or strategic sensitivity, removing it from the agenda of the Council of Constitutional Guardians and from the competence of the Deliberative Assembly for such period as the Governor determines; and

(e) such further reserve powers as are conferred by Imperial Instruction.

(2) The exercise of a reserve power under paragraph (1)(b) or (c) shall be reported to the Empress within seven days, with reasons.

(3) Reserve powers are not subject to review by any court or tribunal in the Protectorate.

Article 29. Emergency Powers

(1) The Imperial Governor may, by Proclamation, declare a state of emergency in the Protectorate or any part thereof, where the Governor is satisfied that the security, public order, or essential services of the Protectorate are seriously threatened.

(2) During a state of emergency, the Imperial Governor may take such measures as are reasonably necessary to address the emergency, including measures that derogate from the rights set out in Article 5, to the extent strictly required by the exigencies of the situation.

(3) A state of emergency may be declared for an initial period of up to thirty days and may be renewed by Proclamation for further periods of thirty days each.

(4) A Proclamation of emergency shall be reported to the Empress within forty-eight hours.

Article 30. Governor's Assent

(1) A resolution ratified by the Council of Constitutional Guardians shall have no legal effect until it receives the assent of the Imperial Governor.

(2) The Imperial Governor shall give assent, withhold assent, or refer the resolution to the Empress for Imperial determination, within thirty days of receiving a ratified resolution.

(3) Referral to the Empress suspends the thirty-day period. The Empress may give assent, withhold assent, or amend the resolution. An amended resolution is returned to the Assembly as a conditional ratification under Article 25(2).

(4) Withholding of assent does not require reasons to be given.

Part VII: Legislative Process

Article 31. Initiation of Deliberation

(1) The Deliberative Assembly may deliberate only on matters referred to it by the Council of Constitutional Guardians.

(2) The Council of Constitutional Guardians shall determine the agenda of matters to be referred, having regard to:

(a) the devolved competences applicable at the relevant stage of the Competence Schedule;

(b) the priorities and requests of the Imperial Governor;

(c) any petition signed by not less than fifteen thousand registered persons on the Civic Register requesting the Council to refer a specific matter; and

(d) the Council's assessment of the Assembly's deliberative capacity and workload.

(3) The Assembly may, by resolution passed at three-fifths threshold, request the Council to refer a specific matter within its devolved competences. The Council shall within thirty days either refer the matter or provide written reasons for declining to do so.

(4) The Council is not obliged to refer any matter requested under paragraph (3), and a declination is not subject to review.

Article 32. Standard Legislative Pathway

(1) The standard pathway for a resolution to take effect as an instrument of the Protectorate is as follows:

(a) referral of the matter to the Assembly by the Council of Constitutional Guardians;

(b) deliberation by the Assembly in accordance with Part IV;

(c) passage of a resolution by the Assembly at the applicable threshold;

(d) transmission of the resolution to the Council of Constitutional Guardians;

(e) ratification by the Council under Article 25; and

(f) assent of the Imperial Governor under Article 30.

(2) An instrument that has completed all stages of the standard pathway takes effect as a law of the Protectorate from the date of Governor's assent unless a later date is specified.

Article 33. Treaty Ratification

(1) Bilateral treaties between the Protectorate and Opthelia, or between Opthelia and third parties having specific application to the Protectorate, may be referred to the Assembly for ratification where the Imperial Governor so determines.

(2) Referral for ratification is at the discretion of the Imperial Governor. The Governor may determine that a treaty shall take effect without Assembly ratification where the treaty concerns:

(a) any matter within the Imperial Governor's reserve powers;

(b) any matter designated as non-justiciable under Part VIII;

(c) defence and security matters within Part X; or

(d) any matter the Governor determines to be of an exclusively Imperial character.

(3) Where a treaty is referred for Assembly ratification, it may not be amended by the Assembly. The Assembly may ratify or decline ratification only.

Part VIII: Non-Justiciable Matters and Reserved Categories

Article 34. Strategic Assets Register

(1) The Council of Constitutional Guardians shall maintain a Strategic Assets Register, which lists the facilities, installations, land parcels, subsurface rights, intellectual property holdings, supply and commercial arrangements, and any other assets or interests designated as strategic for the purposes of this Part.

(2) An asset or interest may be entered on the Strategic Assets Register by:

(a) the Council of Constitutional Guardians, on its own motion or on the request of the Imperial Governor;

(b) the Imperial Governor, by Gubernatorial Proclamation; or

(c) Imperial Instrument.

(3) The criteria for designation as a strategic asset include:

(a) the facility or interest forms part of the industrial, technological, or infrastructural base of the Protectorate whose continued operation is essential to the Protectorate's economic welfare or to the wider Opthelian Commonwealth;

(b) the facility or interest is the subject of an Imperial Commercial Instrument or Imperial Strategic Instrument; or

(c) the Imperial Governor or the Council determines that the facility or interest is of sufficient importance to the security or economy of the Empire to warrant designation.

(4) The Strategic Assets Register shall be published in the official gazette of the Protectorate, save for such entries as the Imperial Governor designates as security-sensitive, which shall not be published.

(5) Removal of an entry from the Strategic Assets Register requires Imperial Instrument.

Article 35. Non-Justiciable Matters

(1) The following matters are non-justiciable for the purposes of this Instrument and are excluded from the competence of the Deliberative Assembly and from the jurisdiction of all courts and tribunals in the Protectorate:

(a) the ownership, operation, licensing, and disposition of any asset or interest entered on the Strategic Assets Register;

(b) the terms of any Imperial Commercial Instrument or Imperial Strategic Instrument, including any agreement, licence, lease, or arrangement made pursuant thereto;

(c) the exercise by the Imperial Governor of any reserve power under Article 28;

(d) the content of any Imperial Instruction issued to the Imperial Governor; and

(e) any matter designated as a matter of security or strategic sensitivity by the Imperial Governor under Article 28(1)(d).

(2) Any proceeding before a court or tribunal in the Protectorate that seeks to examine, challenge, or restrain action in respect of a non-justiciable matter shall be struck out.

(3) Disputes concerning the terms of any Imperial Commercial Instrument or Imperial Strategic Instrument shall be resolved by such mechanism as is specified in that instrument, which shall not provide for adjudication by any court or tribunal in the Protectorate.

Article 36. Imperial Commercial and Strategic Instruments

(1) An Imperial Commercial Instrument is an agreement, licence, contract, or other commercial arrangement entered into by or on behalf of the Empress, or by an entity established under Opthelian domestic law, in respect of any activity conducted within the Protectorate.

(2) An Imperial Strategic Instrument is any instrument issued by the Empress concerning the strategic use, development, or protection of assets or interests in the Protectorate.

(3) Imperial Commercial Instruments and Imperial Strategic Instruments are governed by Opthelian law and are not subject to the laws of the Protectorate, save to the extent expressly provided in those instruments.

(4) The Deliberative Assembly may not legislate in a manner that alters, restricts, or is inconsistent with the terms of any Imperial Commercial Instrument or Imperial Strategic Instrument.

Part IX: Competence Schedule

Article 37. Structure of Devolution

(1) Competences shall be devolved to the Deliberative Assembly in four tranches, in accordance with the schedule set out in this Part.

(2) The devolution of a competence is without prejudice to the Imperial Governor's reserve powers under Article 28, which remain exercisable throughout the Transitional Period.

(3) Competences designated as permanently reserved under Article 42 are not subject to devolution and shall not be referred to the Assembly at any stage.

(4) Each devolution takes effect on the anniversary of this Instrument specified below, unless the Imperial Governor determines by Proclamation, with reasons given to the Council of Constitutional Guardians, that the Protectorate is not yet prepared to assume the competence in question, in which case the devolution of that competence may be deferred by not more than five years.

Stage	Year of Effect	Competence Devolved
Initial	Year 0	Local government structure and administration; cultural affairs and heritage; local civic amenity; tourism administration.
First Devolution	Year 15	Primary and secondary education curriculum and standards (within the framework of the nationally recognised qualification system); public health promotion; local environmental management; consumer protection in domestic trade.
Second Devolution	Year 35	Tertiary education institutions (excluding national credentialing frameworks); public health services; domestic civil and criminal justice administration; internal constabulary (see Part X); urban and regional planning; local taxation and fiscal policy within limits set by the Council of Constitutional Guardians.
Third Devolution	Year 60	Domestic economic policy (excluding strategic assets and matters governed by Imperial Commercial Instruments); domestic labour regulation; environmental protection; social services and welfare provision.
Fourth Devolution	Year 85	Management of bilateral trade relations not governed by Imperial Commercial Instruments or Commonwealth-wide agreements; immigration and border administration (subject to Opthelian sovereign override in security matters); internal communications and broadcasting.
Permanently Reserved	N/A	Defence and strategic security (see Part X); strategic assets (see Part VIII); Imperial Commercial Instruments; Commonwealth treaty obligations; currency and monetary policy; Civic Register standards; constitutional amendment (see Part XI); the Independence Referendum (see Part XII).

Article 38. Residual Competence

(1) Any matter not expressly listed in the Competence Schedule as devolved or permanently reserved shall remain within the competence of the Imperial Governor, who may refer such matters to the Assembly at their discretion.

(2) The Council of Constitutional Guardians may, at any time, classify an unscheduled matter as permanently reserved by entry on the Strategic Assets Register or by determination under Article 35.

Part X: Defence and Security

Article 39. Imperial Security Responsibility

(1) The defence and strategic security of the Protectorate is an Imperial responsibility throughout the Transitional Period and, subject to the Security Partnership Treaty, thereafter.

(2) Opthelia shall maintain such military and naval forces within or adjacent to the Protectorate as the Empress, acting on the advice of the Imperial Council, determines to be appropriate for the security of the Protectorate and the Empire.

(3) The Deliberative Assembly has no competence in respect of defence, strategic security, or the disposition of Imperial military forces.

Article 40. Port Access and Naval Presence

(1) The Empress and the Protectorate, acting through the Imperial Governor, hereby agree that Opthelian naval vessels shall have access to such ports and naval facilities within the Protectorate as are designated by the Imperial Governor by Proclamation.

(2) Access under this Article includes the right of Opthelian naval vessels to anchor, berth, resupply, conduct maintenance, embark and disembark personnel, and conduct such exercises within the Protectorate's waters as are consistent with the security of the Protectorate and the region.

(3) Opthelian naval vessels operating under this Article are subject to Opthelian military law and are not subject to the jurisdiction of any court or authority of the Protectorate.

(4) The Imperial Governor shall, in consultation with the Commanding Officer of any vessel in extended berth, take reasonable steps to ensure that the naval presence is integrated into the civic life of Hanafleura in a manner that reflects the partnership between Opthelia and the Protectorate.

Article 41. Internal Constabulary

(1) From the Second Devolution (Year 35), the Deliberative Assembly may establish and fund a Hanafleuran Constabulary responsible for the maintenance of internal public order and the enforcement of Protectorate laws.

(2) The Hanafleuran Constabulary shall be under the direction of an Inspector-General appointed by the Imperial Governor, who shall be responsible for liaison between the Constabulary and the Imperial military commander in the Protectorate, and shall ensure that Constabulary operations are consistent with Imperial security requirements.

(3) The Hanafleuran Constabulary is not a military force. It may not be equipped with weapons of war, and its members may not be deployed in a military capacity.

(4) In any matter in which the Imperial Governor has declared a state of emergency, the Hanafleuran Constabulary is subject to the operational direction of the Imperial military commander in the Protectorate.

Article 42. Security Partnership Treaty

(1) Opthelia and the Protectorate hereby commit to negotiate, in good faith, a Security Partnership Treaty governing the post-independence defence relationship between Opthelia and an independent Hanafleura.

(2) Negotiations shall commence not later than Year 60 of the Transitional Period and shall be concluded not later than Year 75, with the result presented to the Deliberative Assembly for ratification in accordance with Article 33.

(3) The Security Partnership Treaty shall, at a minimum, address:

(a) Opthelia's commitment to treat an attack on Hanafleuran sovereign territory, following independence, as an attack on the Empire, including the extension of naval and air defence;

(b) the terms of Opthelian naval access to Hanafleuran port facilities following independence;

(c) the Defence Contribution Arrangement by which Hanafleura shall contribute to the operational costs of Opthelian assets providing security coverage; and

(d) the procedures for consultation and joint decision-making on security matters of mutual concern.

(4) The Security Partnership Treaty, once ratified by the Assembly and assented to by the Imperial Governor and the Empress, shall form part of the law of the Protectorate and shall bind any successor government of an independent Hanafleura as a treaty obligation of international standing.

(5) In the event that negotiations fail to produce an agreed Security Partnership Treaty by Year 75, the Imperial Governor shall report this to the Empress, who may extend the negotiation period or take such other steps as are consistent with the Empire's obligations to the Protectorate.

Part XI: Amendment

Article 43. Types of Amendment

(1) This Instrument may be amended only in accordance with this Part. Amendments are classified into three types:

(a) Type A amendments, which concern administrative and procedural provisions not affecting the distribution of powers between the institutions established by this Instrument;

(b) Type B amendments, which concern the structural provisions of this Instrument, including the composition and functions of the institutions established herein, the Competence Schedule, and the rights provisions of Part II; and

(c) Type C amendments, which concern the entrenched provisions identified in Article 46.

Article 44. Type A Amendments

(1) A Type A amendment requires:

(a) a resolution of the Deliberative Assembly passed by not less than three-fifths of all serving members; and

(b) ratification by the Council of Constitutional Guardians and assent of the Imperial Governor.

(2) A Type A amendment takes effect from the date of Governor's assent.

Article 45. Type B Amendments

(1) A Type B amendment requires:

(a) a resolution of the Deliberative Assembly passed by not less than three-quarters of all serving members;

(b) ratification by the Council of Constitutional Guardians by a majority of not less than five members; and

(c) assent of the Imperial Governor.

(2) A Type B amendment takes effect from the date of Governor's assent.

Article 46. Type C Amendments and Entrenched Provisions

(1) The following provisions are entrenched and may be amended only by Type C amendment:

(a) Article 3 (Sovereignty);

(b) Article 28 (Reserve Powers);

(c) Article 34 (Strategic Assets Register);

(d) Article 35 (Non-Justiciable Matters);

(e) Article 36 (Imperial Commercial and Strategic Instruments);

(f) Article 39 (Imperial Security Responsibility);

(g) Article 40 (Port Access and Naval Presence);

(h) Article 42 (Security Partnership Treaty);

(i) Article 47 (the Independence Referendum); and

(j) this Article 46 and Article 47.

(2) A Type C amendment requires:

(a) a resolution of the Deliberative Assembly passed by not less than three-quarters of all serving members;

(b) ratification by the Council of Constitutional Guardians by unanimous vote of all serving members;

(c) assent of the Imperial Governor; and

(d) ratification by Imperial Instrument under the Imperial Seal.

(3) Imperial ratification under paragraph (2)(d) is at the absolute discretion of the Empress and may be withheld without reasons.

Part XII: The Independence Referendum

Article 47. The Independence Referendum

(1) In the period from Year 96 to Year 99 inclusive of the Transitional Period, there shall be convened a Final Deliberative Assembly for the sole purpose of determining the future status of the Protectorate.

(2) The Final Deliberative Assembly shall consist of one hundred and fifty members, selected by civic lot from the Civic Register in accordance with the procedures of Part III and Part IV, with such modifications as the Council of Constitutional Guardians determines are appropriate for a body of that size and mandate.

(3) The Final Deliberative Assembly shall deliberate on the following question:

"Should Hanafleura proceed to full and sovereign independence on the Terminal Date, on such terms as have been agreed with the Empire of Opthelia pursuant to the Security Partnership Treaty and such other instruments as may be in force?"

(4) The Final Deliberative Assembly shall determine the question by resolution. A resolution in favour of independence requires the affirmative vote of not less than two-thirds of all members of the Final Deliberative Assembly.

(5) If the Final Deliberative Assembly passes a resolution in favour of independence at the required threshold, independence takes effect on the Terminal Date, subject to:

(a) the continuation in force of the Security Partnership Treaty ratified under Article 42;

(b) the continuation in force of all Imperial Commercial Instruments and Imperial Strategic Instruments in accordance with their terms; and

(c) such transitional arrangements as may be agreed between the Imperial Governor and the Final Deliberative Assembly.

(6) If the Final Deliberative Assembly does not pass a resolution in favour of independence at the required threshold, the Protectorate shall continue to be governed as an Opthelian protectorate, subject to such revised constitutional arrangements as shall be negotiated between the Empress and the institutions of the Protectorate within two years of the Terminal Date.

(7) Independence, if resolved upon, does not abrogate or modify any obligation under the Security Partnership Treaty, any Imperial Commercial Instrument, any Imperial Strategic Instrument, or any other instrument of international standing to which Hanafleura is or becomes a party.

Article 48. Continuity of Institutions

(1) Upon independence, the institutions established by this Instrument shall continue to function until such time as a permanent constitution of Hanafleura takes effect.

(2) The Final Deliberative Assembly, following a resolution in favour of independence, shall initiate a process for the drafting and adoption of a permanent constitution within three years of the Terminal Date.

Part XIII: Interpretation and General Provisions

Article 49. Interpretation

(1) This Instrument shall be interpreted in a manner consistent with the maintenance of the sovereignty of the Empress during the Transitional Period and with the progressive development of Hanafleuran self-governance.

(2) Where a provision of this Instrument is capable of more than one interpretation, the interpretation that best preserves the integrity of the institutions established herein and is most consistent with the purpose of the Transitional Period shall be preferred.

(3) Determinations of interpretation made by the Council of Constitutional Guardians are final and are not subject to review by any court or tribunal of the Protectorate.

Article 50. Savings

(1) All existing laws, regulations, and administrative instruments in force in the Protectorate immediately before the commencement of this Instrument continue in force to the extent they are not inconsistent with this Instrument, until amended or repealed in accordance with this Instrument.

(2) All existing treaties, agreements, and commercial arrangements to which the Protectorate or the Empire is a party in respect of the Protectorate continue in force and are not affected by this Instrument.

Article 51. Commencement

(1) This Instrument takes effect on the date of its proclamation by the Imperial Governor of Hanafleura, which date shall be not later than ninety days after the date of enactment by Imperial Instrument.

(2) The Imperial Governor shall cause a proclamation of commencement to be published in the official gazette of the Protectorate.

Schedule One: Territory of Hanafleura

Territorial extent of Hanafleura, as of the ratification of the Hanafleura Territorial Definition Instrument.

The territory of Hanafleura comprises such islands, coastal territories, and internal and territorial waters as are defined by the boundaries established by the Hanafleura Territorial Definition Instrument issued contemporaneously with this Constitutional Instrument, and as may be amended by Imperial Instrument from time to time.

Schedule Two: Territorial Districts

The territorial districts for the purposes of proportional representation in the Civic Register and the Selection Draw shall be as designated by Proclamation of the Imperial Governor within ninety days of the commencement of this Instrument, having regard to the geographic distribution of the population of the Protectorate and the principle of reasonable geographic representation.

Schedule Three: Consequential Amendments

Consequential amendments to existing Opthelian Imperial Instruments governing the administration of the Protectorate shall be set out in a Schedule of Consequential Amendments issued by the Empress contemporaneously with this Constitutional Instrument.