Well, with me being sad like I am, and bored, and not motivated enough to write a story, I decided to write a constitution for the British Ministry of Magic. Not having had much experience writing constitutions, I wasn't sure what should be included in it and what should be left to the Law, so I ended up including quite a bit. Enjoy and discuss!

Constitution of the British Ministry of Magic​

Preamble

This is the constitution of the Ministry of Magic of Great Britain.

Article One: The Authority of the Ministry.​

I. The Ministry of Magic asserts its complete authority over all magical peoples, artefacts, buildings, lands, beings, creatures and activity in the lands and territories of Great Britain.

II. The Ministry of Magic declares the corrupt government known as The Warlock’s Council to be illegitimate and henceforth disbanded.

III. The Ministry of Magic asserts the rights of its citizens as outlined in this constitution, in both British territories and abroad.

IV. The Ministry of Magic asserts its rights to make new laws and enforce them, as set out in Article 15.

V. The Ministry of Magic asserts its rights to change previously established laws and enforce them, as set out in Article 15.

VI. The Ministry of Magic declares itself, and all under its jurisdiction, bound by this constitution. Any laws or actions in breech of this constitution are illegal.

VII. The Ministry of Magic declares itself independent of the Muggle government of Great Britain.

Article Two: Rights of the Wizard and Witch​

I. All wizards and witches (hereafter known as magical people) have the right to a wand.

- Amendment I. Those deemed criminal by a majority vote of the Wizengamot may have their wands broken or confiscated.

- Amendment II. Those deemed insane by two qualified Senior Healers at Saint Mungo’s Hospital may have their wands confiscated, but not broken.

II. All magical people have the right to habeas corpus.

III. All magical people have the right to life.

IV. All magical people have the right to their own magical powers.

V. All magical people have the right to an impartial trial by the Wizengamot or appointed Lower Courts.

VI. All magical people shall have the right to freedom of speech and publication.

VII. No magical person shall be forced to enter into a magical oath under duress.

VIII. All magical people have the right to freedom of movement without tracking.

- Amendment I. Magical people not Of Age, that is, under 17 years of age, may have a Trace applied to them at birth.

- Amendment II. Those deemed criminal by a majority vote of the Wizengamot may have a Trace applied to them.

IX. All magical people have the rights to their own minds. No memories may be altered or deleted, nor may Legilimency be employed against any person, except with authorisation from the Wizengamot or Minister for Magic.

X. All magical people are to be considered Of Age, and therefore adults, at the age of 17 years.

Article Three: The Rights of Non-Human Magical Beings of Near-Human Intelligence​

I. All Non-Human Magical Beings of Near-Human Intelligence (hereafter referred to as magical beings) have the right to life.

- Amendment I. Those magical beings deemed dangerous or criminal by either a majority vote of the Wizengamot, the Minister for Magic, or the Department for the Control of Magical Creatures, may be executed.

II. All magical beings have the right to an impartial trial by the Wizengamot or appointed Lower Courts.

Article Four: The Rights of the Non-Magical Human​

I. All Non-Magical Humans (known as Muggles) have the right to habeas corpus.

II. All Muggles have the right to life.

III. All Muggles have the right to be free of any spell, potion, or enchantment.

- Amendment I. In cases of self-defence, magic may be used on Muggles.

- Amendment II. In defence of the International Statute of Secrecy (1692), magic may be used on Muggles.

IV. All Muggles have the right to be tried by a Muggle court.

Article Five: Structure of the Ministry of Magic​

I. Power in the Ministry of Magic shall be split between the Wizengamot, the Minister for Magic, and the Minister’s Council.

II. The Minister for Magic possesses complete executive power.

III. The Minister for Magic possesses limited legislative power, subject to the process as outlined in Article 15.

IV. The Wizengamot is the highest court in Great Britain, and possesses complete judiciary powers, as well as limited legislative powers.

V. The Minister’s Council shall possess limited legislative powers.

Article Six: Powers and Responsibilities of the Minister of Magic​

I. The Minister for Magic shall possess complete executive power.

II. The Minister for Magic may appoint and delegate tasks and powers to subordinates and representatives, forming the various departments of the Ministry of Magic.

III. The Minister, and his selected subordinates, are responsible for the following: enforcing the International Statute of Secrecy, collection of taxes, enforcing the constitution and laws of the Ministry of Magic, regulation of transportation, provision and regulation of healthcare, regulation of magical research, the Ministry of Magic’s spending budget, maintaining the Aurors, Muggle relations, foreign policy and the regulation of Dark Magic.

VI. The Minister shall possess the power to create new laws, subject to the process as outlined in Article 15.

VII. No law made by the Minister for Magic may contradict this constitution.

Article Seven: Selection of the Minister of Magic.​

I. A candidate for Minister for Magic shall be selected by majority vote of the Minister’s Council.

II. The selected candidate shall then be presented to the Wizengamot, and if approved by a majority vote, shall become Minister for Magic.

III. The Minister for Magic has no limits to his term of office: he serves until he or she dies, is removed or resigns.

IV. The Minister of Magic shall be removed only by a vote of the Wizengamot exceeding two thirds of the total court count.

Article Eight: The Wizengamot​

I. The Wizengamot shall possess complete judicial power in the lands and territories of Great Britain.

II. The Wizengamot is the highest court in the land. However, it has the power to appoint and create lower courts.

III. The Wizengamot shall consist of 51 members.

IV. Each member of the Wizengamot shall possess one vote of equal value.

V. The Chief Warlock shall preside over the Wizengamot. However, his vote is of equal value to every other member.

VI. The Chief Warlock is chosen from the Wizengamot by the Minister of Magic.

VII. The Chief Warlock shall always cast his vote last.

VIII. All judgements by the Wizengamot shall be made through majority vote, with the exception of removing the Minister for Magic, declaring a State of Emergency, or changing the Constitution, which require a vote of at least two thirds of the court.

IX. No law made by the Wizengamot may contradict this constitution.

X. The Wizengamot has the power to judge and sentence magical peoples and beings.

XI. The Wizengamot does not possess the power to administer execution or the stripping of magic from a person.

Article Nine: Selection of the Wizengamot​

I. There are 51 members on the Wizengamot at all times.

II. Seven of these positions are allocated to the heads of the seven Departments of the Ministry.

III. One position is allocated to the headmaster of Hogwarts school.

IV. One position is allocated to the Head Auror.

V. One position is allocated to the Senior Undersecretary to the Minister for Magic.

VI. One position is allocated to the Chief Warlock, appointed by the Minister for Magic, from the main body of the court.

VII. The remaining 40 positions are handed down from each member of the Wizengamot to their chosen successor.

VIII. Should a member of the Wizengamot die or become insane before a successor is chosen, the Minister for Magic shall select a replacement.

Article Ten: Rights of Trial​

I. In all trials both prosecution and defence shall be given opportunity to speak, as set out by the Wizengamot Regulations.

II. The prosecution and defence have the right to call upon any and all witnesses they desire.

III. There shall be no time limit to trial.

IV. The accused has the right to appeal, as set out by the Wizengamot Regulations.

V. No Wizard or Witch can be tried as an adult until Of Age.

Article Eleven: The Minister’s Council​

I. The Minister’s Council shall consist of the heads of the Departments for Law Enforcement, International Magical Cooperation, Magical Accidents and Catastrophes, Magical Games and Sports, Magical Cooperation, Regulation and Control of Magical Creatures, and Mysteries. The Chief Warlock and the Minister for Magic may also sit on the Council, though they have no vote.

II. The Seven Department heads are appointed by the Minister for Magic.

III. The Minister’s Council has legislative powers: the ability to draft new laws (and the ability to propose changes to old laws), for the approval of the Minister for Magic and the Wizengamot.

Article Twelve: Recognition of International Bodies and Statutes​

I. The Ministry of Magic recognises the authority of the International Federation of Warlocks (IFW) and the International Confederation of Wizards (ICW).

II. The IFW and ICW have the ability to draft new international statutes, which the Ministry of Magic may or may not chose to ratify.

III. No statute drafted by either the IFW or the ICW may contravene this constitution.

IV. Ratification of a statute will follow the same process as the creation of new laws, as outlined in Article 15.

Article Thirteen: Recognition of Hogwarts School of Witchcraft and Wizardry​

I. The Ministry of Magic proclaims the independence of Hogwarts school.

II. Hogwarts school shall be governed by the board of Governors and the Headmaster alone.

III. The Ministry of Magic retains the right to conduct criminal investigations at Hogwarts school without hindrance.

Article Fourteen: Obligations of the Ministry of Magic
​

I. The Ministry of Magic is obligated to uphold this constitution.

II. The Ministry of Magic is obligated to uphold and enforce all laws.

III. The Ministry of Magic is obligated to inform the Muggle Prime Minister of all important and significant Magical events.

IV. The Ministry of Magic is obligated to protect its people.

V. The Ministry of Magic is obligated to uphold the International Statute of Secrecy (1692).

VI. The Ministry of Magic is obligated to sustain the Auror division, to uphold the laws of the land and this constitution.

Article Fifteen: Process by which the Law is changed​

I. New laws, changes to old laws, and ratification of International Statues all follow the same process.

II. Legislative power to draft new laws is vested in both the Minister for Magic and the Minister’s Council.

III. Should the Minister draft a law, if must then be approved by the Minister’s Council by a majority vote, before it is sent to be approved by the Wizengamot.

IV. If the Minister’s Council drafts a new law, the Minister has veto power over it, before it is sent to be approved by the Wizengamot.

V. Once a law reaches the Wizengamot, it is presented by the Minister himself, and the Wizengamot holds a week of debate before the law is voted upon.

VI. For a Law to successfully be passed, it must receive a majority vote by the Wizengamot.

Article Sixteen: States of Emergency​

I. The Minister for Magic has the ability to declare a State of Emergency, during which the authority of the constitution is suspended.

II. A State of Emergency cannot last longer than two weeks without being voted upon and approved by a majority vote of at least two thirds of the Wizengamot.

III. When a State of Emergency ends, the Minister for Magic shall be held accountable for all breaches of this constitution he or she authorised.

Article Seventeen: Changing the Constitution​

I. Changes to this constitution will follow the same process as making new laws, but shall require a majority vote of at least two thirds of the Wizengamot.

 

Ok , good job but you clearly have too much free time on your hands. Take up drinking , smoking or get a job.

 

I have one. This is it

To be fair, I do have a couple of other hobbies, but they can only take place when I'm at uni and have access to the facilities there.

 

Looks good, though I would think there would be a part about Goblins and Gringotts in there, since so much of 'history' is about the Goblin Wars .

Also, this:

I don't think the Wizarding World would use deleted - Maybe obliviated, but that's just a nitpick.

Aekiel

 

I wonder if anyone has read the entire thing without skipping or getting bored lol.

There's a fair bit of background history I thought up but didn't put in. For example, my favourite bit:

To go with this I had imagined a civil war in which the previously dominant Warlocks council was overthrown.

I had always thought of the Warlocks Council as simply an informal group of the most powerful wizards in the country, which would mean many dark wizards would be included, and that they would be quite brutal and lawless.

Then you'd have another side that rises up and revolts against them, eventually winning and establishing the Ministry. This side would have numerical superiority and, as well as having a few of the more lightsided powerful wizards from the Warlocks Council on their side, would have many of those average and above average wizards who are competent but not powerful.

Edit:

I figured that Obliviation is a bit vague, and can cover both alteration and deletion, and needed to stress that both were banned.

And I forgot all about the Goblins, though the wizards' disdain of them is clear from the massive lack of magical creature rights compared to Wizard's and Witch's rights.

 

One thing, in the section on the State of Emergency, article one states that the Minister may suspend the power of the constitution. You then say that the constitution declares that he may only do so for 2 weeks before it is ratified. If the authority of the constitution is suspended then how would he be forced to have it ratified?

 

Answer 1: The Wizengamot would make him do it.

Answer 2: There wouldn't be a way to force it, which is a hint as to one of the greatest (intentional) flaws of the constitution: it gives far too much power to the Minister.

I included the State of Emergency article as an explanation of the events of OotP: how the Minister had so much power.

 

It would be poetic if the right to a wand was moved to the second position of Article Two (it's a weapon). What did you intend this for, anyway?

 

It's not really for any specific purpose. I just did it for fun. But it can be used by fan fiction writers as a resource if they want, so I guess that's one purpose.

And yes, though moving the wand down one would make it more like the U.S. constitution, I wanted to stress how important wands are by putting it at the top. Not that order actually means anything.

 

Fudge could not have declared a state of emergency in OOTP. He was, if you remember, adamantly proclaiming that no emergency exeisted.

On the trials: There is no provision for double jeopardy. Furthermore, the potential for flibusters and counter filibusters presents great lulz, considering:

in addition to the possibilities of multiple jeopardy.

 

The Minister of Magic most likely does not appoint the Chief Warlock. If this was so, Dumbledore would have been given the boot years ago. It's probably something chosen by the Wizengamot itself.

I also think the laws you've set forth are a bit too kind on Magical Creatures. They aren't very well treated.

Finally, it would do some good to make mention of some laws pertaining to blood purity. Perhaps you could make laws and add amendments striking them down to show the regression of pureblood supremacy?

 

I think there needs to be a bit more addressing a few other hanging issues like:
- Mugwumps and whether they are connected to anything
- land ownership of non-human magical beings (is Gringotts permitted in some international treaty?)
- can the Wizengamot or Minister declare war?
- can any magic at all be declared illegal (like the "Dark Arts" business) or not even mentioned?

 

There should also be some mention of Azkaban, as it is the primary facility of imprisonment used by the Ministry.

 

Tone down the level of English. If you remember, there is no known provision for English Education in the Wizarding World after 11 years of age.

 

I think the language is appropriate: in canon, the characters didn't walk around speaking slang and bonehead-english. Besides, how can a pureblood pass up the opportunity to sound important?

 

You seemed to have given the Minister way too much authority and powers in comparison to what is shown in canon. It is more likely that the Wizengamot is the ruling body and that the Minister is appointed by them or some form of general election to deal with the day to day administration.

Also, I'm pretty sure the Warlock's Council co-existed with the Wizard's Council which was the precursor to the Wizengamot and not just some illegitimate organization.

In all honesty I somewhat doubt that the Ministry of Magic has a constitution. The old, rich pure-bloods would no-doubt think it might restrict their own powers too much.

 

If anything, I would believe that the Wizarding Constitution is much like the British one. It's there but it's so hidden in amongst all the old laws, and has no restrictions on the rights of the government (in England, not so sure about Scotland, Parliament has the ability to make any law possible. They could rule that the sky is green and it would be passed into law), and lays out only the vaguest of rights in any legible manner.

Also, chances are any Wizarding Constitution is written in Latin or Anglo-Saxon .

But I can suspend my disbelief; it's good as it is and would be quite useful for anyone going into the politics of Wizarding England in any sort of depth. Would also make for interesting international politics, like if the Constitution of France differed on the rights of non-humans. A point of contention for if England reaches out for assistance against Voldemort.

Aekiel