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 Charter of the Imperial Government in Exile

Chapter 1: Basic Rights
Chapter 2: The Government
Chapter 3: Parliament
Chapter 4: Council of State, Chamber of Audit, Advisory Bodies
Chapter 5: Legislation and Administration
Chapter 6: The Administration of Justice
Chapter 7: Revision of the Constitution

 Chapter 1:  Basic Rights

Article 1 - All Citizens of the Imperial Government in Exile shall be treated equally.  Discrimination on the grounds of religion, belief, political opinion, race, sex, or sexual orientation on any grounds whatsoever shall not be permitted.

Article 2 - Citizenship in the Imperial Government in Exile shall be regulated by an Act of Parliament, which shall also regulate admission and expulsion of aliens.
Extradition may only take place pursuant to a treaty, any regulations concerning extradition shall be laid down by an Act of Parliament.
Everyone shall have the right to leave the Imperial Government in Exile, except in cases laid down by and Act of Parliament.

Article 3 - All citizens of the Imperial Government in Exile shall be equally eligible for appointment to public service.

Article 4 - Every citizen of the Imperial Government in Exile shall have an equal right to elect the members of the Assembly of Nobles and to stand for election as a member of that body, subject to the limitations and exceptions prescribed in this Charter and by Act of Parliament.

Article 5 - Everyone shall have the right to submit petitions in writing to the competent authorities.

Article 6 - Everyone shall have the right to manifest freely his/her religion or belief, either individually or in community with others, without prejudice to his/her responsibility under the law.  Rules concerning the exercise of this right other than in a building and enclosed places may be laid down by an Act of Parliament for the protection of health, in the interest of traffic and to combat or prevent disorders.

Article 7 -  No one shall require prior permission to publish thoughts or opinions.
Rules concerning radio and television shall be laid down by an Act of Parliament.  There shall be no prior supervision of the content of a radio, television, or internet broadcast.
No one shall be required to submit thoughts or opinions for prior approval in order to disseminate them by means other than those mentioned in the preceding paragraphs.  The holding of performances open to persons younger than sixteen years of age may be regulated by an Act of Parliament.
The preceding paragraphs do not apply to commercial advertising.

Article 8 - The right of association shall be recognized.  This right may be restricted by an Act of Parliament in the interest of public order.

Article 9 - The right of assembly and demonstration shall be recognized, without prejudice to the responsibility of everyone under the law.  Rules to protect public health, in the interest of traffic and to combat or prevent disorders may be laid down by an Act of Parliament.

Article 10 - Everyone shall have the right to respect for his/her privacy, without prejudice to restrictions laid down or pursuant to an Act of Parliament.  Rules to protect privacy shall be laid down by an Act of Parliament in connection with the recording and dissemination of personal data.  Rules concerning the rights of persons to be informed of data recorded concerning them and of the use that is made thereof, and to have such data corrected, shall be laid down by an Act of Parliament.

Article 11 - Everyone shall have the right to inviolability of his person.

Article 12 - The privacy of correspondence shall not be violated except in cases laid down by an Act of Parliament and by order of the courts.
The privacy of the telephone, telegraph, internet, or other form of communication shall not be violated except in the cases laid down by an Act of Parliament, by or with the authorization designated for the purpose by said Act of Congress.

Article 13 - Expropriation of property may not take place, and may not be made possible by an Act of Parliament.  Should property be accidentally damaged, the property is rendered unusable, or the rights of the property owner are restricted, the property owner shall have the right of full compensation.

Article 14 - Other than in the cases laid down by or pursuant to an Act of Parliament, no one may be deprived of their liberty.  
Anyone who has been deprived of their liberty other than by order of a court may request a court to order their release.  In such a case they shall be heard by the court within a period of two days.  The court shall order their immediate release if it considers the deprivation of liberty to be unlawful.
A person who has been lawfully deprived of his/her liberty may be restricted in the exercise of fundamental rights in so far as the exercise of such rights are not compatible with the deprivation of liberty.

Article 15 - No offense shall be punishable unless it was an offense under the law at the time it was committed.

Article 16 - No one may be prevented against his/her will from being heard by the courts to which he/she is entitled to apply under the law.

Article 17 - Everyone may be legally represented in legal and administrative proceedings.  Rules concerning the granting of legal aid to persons of limited means shall be laid down by an Act of Parliament.

Article 18 - It shall be the concern of the authorities to promote the provision of sufficient employment.  Rules concerning the legal status and protection of working persons and concerning co-determination shall be laid down by an Act of Parliament.  The right of every citizen of the Imperial Government in Exile to a free choice to work shall be recognized, without prejudice to the restrictions laid down by or pursuant to an Act of Parliament.

Article 19 - It shall be the concern of the authorities to secure the means of subsistence of the population and to achieve distribution of wealth.

Article 20 - It shall be the concern of the authorities to keep the country habitable and to protect and improve the environment.

Article 21  - The authorities shall take steps to promote the health of the population.  The authorities shall promote social and cultural development and leisure activities.

Article 22 - Education shall be the constant concern of the Government.  All persons shall be free to provide education designated by law, its right to examine the competent of the teachers, to be regulated by an Act of Parliament.

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 Chapter 2: The Government

Section 1: The Emperor

Article 23 - The Title to the Throne shall be hereditary and shall vest in the legitimate descendants of Emperor Norton II (a.k.a. Shawn Bale), Emperor of the American Union.

Article 24 - On the death of the Emperor the title to the Throne shall pass by succession to the Emperor's legitimate descendants in order of seniority, the same rule governing succession by the issue of descendants who predecease the Emperor.  If the Emperor has no descendants, the title to the Throne shall pass in the same way to the next in line of succession, as designated by the Emperor.

Article 25 - For the purposes of succession, the child of a woman pregnant at the moment of the death of the Emperor shall be deemed already born.

Article 26 - Succession to the Throne in the event of abdication shall take place according to the rules set out in the above articles.  Children born after an abdication and their descendants shall be excluded from the hereditary succession.

Article 27 - One or more persons may be excluded from the hereditary succession by an Act of Parliament if exceptional circumstances necessitate.  The Bill for this purpose shall be presented by or on behalf of the Emperor.  The Assembly of Nobles shall consider and decide upon the matter.  Such a Bill shall be passed only if at least two-thirds of the votes cast are in favor.

Article 28 - A successor to the Throne may be appointed by the Emperor if there is no legitimate heir to the throne, with the two-thirds approval of the Assembly of Nobles.
A successor may be appointed by an Act of Parliament if it appears that there will be no successor upon the death of the Emperor.  The Bill shall be presented by or on behalf of the Emperor, upon which the Assembly of Nobles will be dissolved.  The newly convened Assembly of Nobles shall discuss and decide upon the matter.  Such a Bill shall be passed only if at least two-thirds of the votes cast in favor.

Article 29 - An appointed Emperor may be succeeded only by his legitimate heir by virtue of hereditary succession or by appointment as described in Article 30.

Article 30 - Upon assuming the royal prerogative the Emperor shall be sworn in and inaugurated as soon as possible in public and at a session of the Assembly of Nobles.  The Emperor shall swear or promise allegiance to the Charter and that he will faithfully discharge his duties.  Specific rules shall be laid down by an Act of Parliament.

Article 31 - The Emperor shall not exercise the royal prerogative before attaining the age of eighteen.

Article 33 - The guardianship of an Emperor who is a minor shall be regulated by an Act of Parliament.  The Assembly of Nobles shall meet to consider and decide upon the matter.

Article 34 - If the Council of Ministers is of the opinion that the Emperor is unable to exercise the royal prerogative it shall inform the Assembly of Nobles accordingly and shall also present to them the recommendation it has requested from the Council of State.  The Assembly of Nobles shall then meet.
If the Assembly of Nobles share this opinion, approved by two-thirds vote, they shall then resolve that the Emperor is unable to exercise the royal prerogative.  This resolution shall be made public on the instructions of the President of the Assembly of Nobles and shall then enter into force immediately.
As soon as the Emperor regains the ability to exercise the royal prerogative, notice of the fact shall be given in an Act of Parliament.  The Assembly of Nobles shall consider and decide upon the matter.  The Emperor shall resume the exercise of the royal prerogative as soon as the Act has been made public.
If it has been resolved that the Emperor is unable to exercise the royal prerogative, guardianship over his person shall, if necessary, be regulated by Act of Parliament.  The Assembly of Nobles shall consider and decide upon the matter.

Article 34 - The Emperor may temporarily relinquish the exercise of the royal prerogative and resume the exercise thereof pursuant to an Act of Parliament.  The relevant Bill shall be presented by or on behalf of the Emperor.  The Assembly of Nobles shall consider and decided upon the matter in joint session.

Article 35 - The royal prerogative shall be exercised by a Regent:
a) until the Emperor has attained the age of eighteen;
b) if the title to the Throne may vest in an unborn child;
c) if it has been resolved that the Emperor is unable to exercise the royal prerogative;
d) if the Emperor has temporarily relinquished the exercise of royal prerogative;
e) in the absence of a successor following the death or abdication of the Emperor.
The Regent shall be appointed by an Act of Parliament.  The Assembly of Nobles shall consider and decide upon the matter in joint session.  In the cases specified in Paragraph 1 c and d above, the descendant of the Emperor who is heir presumptive shall become Regent by right if he/she has attained the age of eighteen.  If the Emperor has designated an appropriate successor s/he shall become the Regent.
The Regent shall swear or promise allegiance to the Charter and that he will faithfully discharge his duties before the Assembly of Nobles.  Rule regarding the office of Regent shall be made by Act of Parliament, which may contain provisions for succession and replacement.  The Assembly of Nobles shall consider and decide the matter.
Article 33 and 34 shall apply by analogy to the Regent.

Article 36 - The royal prerogative shall be exercised by the Council of State until such time as an alternate provision is made for the exercise of such power.

Article 37 - The Emperor shall receive annual payments from the Imperial Government in Exile according to rules to be laid down by an Act of Parliament.  The Act shall also specify which other members of the Royal House shall receive payments from the Imperial Government in Exile and shall regulate the payments.
Bills containing legislation as referred to in the previous paragraph may be passed by the Assembly of Nobles only if at least two-thirds of the votes cast are in favor.

Article 38 - The Emperor shall organize his Household, taking due account of the public interest.

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Section 2: The Emperor and the Ministers

Article 39 - The Government shall comprise the Emperor and the Ministers.

Article 40 - The Prime Minister and the other Ministers shall be appointed and dismissed by Royal Proclamation.

Article 41 - Ministries shall be established by Royal Proclamation.  They shall be headed by a Minister.  Non-departmental Ministers may also be appointed.

Article 42 - The Ministers shall together constitute the Council of Ministers.  The Prime Minister shall be the chairman of the Council of Ministers.  The Council of Ministers shall consider and decide upon overall governmental policy and shall promote the coherence thereof.

Article 43 - State Secretaries may be appointed and dismissed by Royal Proclamation.  A State Secretary shall act with ministerial authority in place of a Minister in cases in which the Minister or the Emperor considers it necessary, the State Secretary shall observe the Minister's or Emperor's instructions in such cases.  Responsibility shall rest with the State Secretary without prejudice to the responsibility of the Minister or the Emperor.

Article 44 - All Acts of Parliament and Royal Proclamations shall be signed by the Emperor.

Article 45 - The Royal Proclamation appointing the Prime Minister shall by sighed by the Emperor.  Royal Proclamations appointing or dismissing Ministers and State Secretaries shall by signed by the Emperor and may be signed by the Prime Minister at the Emperors discretion.

Article 46 - Upon accepting office Ministers and State Secretaries shall swear an oath or make an affirmation and promise in the presence of the Emperor that they have not done anything which may legally debar them from holding office, and shall also swear or promise allegiance to the Charter that they will faithfully discharge their duties.

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 Chapter 3: Parliament

Article 47 - The Parliament shall represent the entire people of the Imperial Government in Exile.

Article 48 - The Parliaments shall consist of the Assembly of Nobles.  The Assembly of nobles shall consist of hereditary members, elected members, and members appointed for their achievements.  The Assembly of Nobles shall consist of twelve members.  The size of the membership may be changed by an Act of Parliament; however, a balance must be maintained between the hereditary members, appointed member, and elected members.

Article 49 - The duration of Assembly of Nobles shall be six years.

Article 50 - The elected members of the Assembly of Nobles shall be elected directly by the citizens of the Imperial Government in Exile who have attained the age of eighteen, with the exception of any citizens who may be excluded by an Act of Parliament.
The following persons shall not be entitled to vote:
a) anyone who has committed an offense designated by an Act of Parliament and has been sentenced as a result of irrevocable judgment of a court of law to a custodial sentence of not less than one year and simultaneously disqualified from voting.
b) anyone who has been deemed legally incompetent by irrevocable judgment of a court become of mental disorder.

Article 51 - One third the members of the Assembly of Nobles shall be hereditary in nature, another third shall be appointed by the for achievements in art, literature, science, or in military endeavors, and another third shall be elected.  Upon the death or retirement of a hereditary member their eldest child shall gain their seat, if the eldest child is under eighteen years of age then someone will be chosen by the Emperor to fill their seat until they reach eighteen years of age.  Upon the death or retirement of an appointed member, a new member shall be appointed by the Emperor with approval from the Assembly of Nobles.

Article 52 - To be eligible for membership of Parliament, a person must be a citizen of the Imperial Government in Exile, must have attained the age of eighteen years of age, and must not have been disqualified from voting.

Article 53 - A member of Parliament may not be a minister, State Secretary, member of the Council of State, member of the General Chamber of Audit, member of the Supreme Court.  Notwithstanding the above, a Minister or State Secretary who has offered to tender his resignation may combine said office with membership of the Parliament until such time as a decision is taken on resignation.  Other public functions may not be taken simultaneously by a person who is a member of the Assembly of Nobles.

Article 54 - The Assembly of Nobles shall examine the credentials of its newly appointed/elected members and shall decide with due reference to rules to be established by Act of Parliament any disputes arising in connection with the credentials or the election.

Article 55 - All other matters pertaining to the right to vote and to elections shall be regulated by an Act of Parliament.

Article 56 - Upon accepting office, members of Parliament shall swear an oath or make an affirmation and promise before the Assembly of Nobles that they have not done anything which may legally debar them from holding office, and shall also swear or promise allegiance to the Charter that they will faithfully discharge their duties.

Article 57 - The Assembly of Nobles shall appoint a President from among its members.  The Assembly of Nobles shall appoint a Clerk who, like the other officials of the Parliament, may not be a member of Parliament.

Article 58 - Financial remuneration for members and former members of the Parliament shall be regulated by an Act of Parliament.  The Parliament may pass a Bill on the matter only if at least two-thirds of the votes cast are in favor.

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Section 2: Procedure

Article 59 - A statement of the policy to be pursued by the Government shall be given by or on behalf of the Emperor before a session of the Assembly of Nobles every year on the third Tuesday in September or on another date as may be prescribed by an Act of Parliament.

Article 60 - The sittings of the Parliament shall be open to the public.  The sittings shall be held in camera if one tenth of the members present so require if the President considers it necessary.

Article 61 - The parliament may deliberate or take decisions only if more than half of all the members are present.  Decisions shall be taken by majority.  The members shall not be bound by a mandate or instructions when casting their votes.  Voting on items of business not relating to individuals shall be oral or by roll call if requested by one member.

Article 62 - Ministers and State Secretaries shall provide orally or in writing to Parliament with any information requested by one or more members, provided that the information does not conflict with the interests of the State.

Article 63 - Ministers and State Secretaries shall have the right to attend sittings of  the Parliament and may take part in the deliberations.  They may be invited to be present at sitting of the Parliament and may be assisted at the sittings my persons nominated by them.

Article 64 - The Assembly of Nobles shall have the right of inquiry to be regulated by an Act of Parliament.

Article 65 - Members of Parliament, Ministers, State Secretaries, and other persons taking part in deliberations may not be prosecuted or otherwise held liable for anything they say during the sittings of Parliament or its committees or anything they submit to them in writing.

Article 66 - The Assembly of Nobles shall draw up rules of procedure.

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 Chapter 4: Council of State, Chamber of Audit, Advisory Bodies

Article 67 - The Council of State or a section of the Council shall be consulted on Bills and draft general administrative orders as well as proposals for the approval of treaties by Parliament.  Such consultation may be dispensed with in cases to be laid down by Act of Parliament.
The Council or a section of the Council shall be responsible for investigating administrative disputes where the decision has to be given by Royal Proclamation, and for advising on the ruling to be given in said dispute.  The Council or a section of the Council may be required by an Act of Parliament to give decision in administrative disputes.

Article 68 - The Emperor shall be President of the Council of State.  The heir presumptive shall be legally entitled to have a seat on the Council on attaining the age of eighteen.  Other members of the Royal House may be granted a seat on the Council by or in accordance with an Act of Parliament.  The members of the Council shall be appointed for life by Royal Proclamation.  They shall cease to be members of the Council on resignation or on attaining an age to be determined by Act of Parliament.  They may be suspended or dismissed from membership by the Council in instances specified by Act of Parliament.  Their legal status shall in other respects be regulated by Act of Parliament.

Article 69 - The organization, composition and powers of the Council of State shall be regulated by Act of Parliament.  Additional duties may be assigned to the Council or a section of the Council by an Act of Parliament.

Article 70 - The General Chamber of Audit shall be responsible for examining the Imperial Government in Exiles revenue and expenditures.

Article 71 - The members of the General Chamber of Audit shall be appointed for life by Royal Proclamation from a list of three persons per vacancy drawn up by the Assembly of Nobles.  They shall cease to be members on resignation or on attaining an age to be determined by Act of Parliament.  They may be suspended or dismissed from membership by the Supreme Court in cases to be laid down by an Act of Parliament.  Their legal status shall in other respects be regulated by an Act of Parliament.

Article 72 - The organization, composition and powers of the General Chamber of Audit shall be regulated by an Act of Parliament.  Additional duties may be assigned to the General Chamber of Audit by an Act of Parliament.

Article 73 - Permanent bodies to advise on matters relating to legislation and administration of the Imperial Government in Exile shall be established by or pursuant to an Act of Parliament.  The organization, composition and powers of such bodies shall be regulated by Act of Parliament.  Duties in addition to advisory ones may be assigned to such bodies by or pursuant to an Act of Parliament.

Article 74 - The recommendations made by the bodies referred to in the present chapter shall be made public according to the rules to be laid down by Act of Parliament.  Other than in cases to be laid down by Act of Parliament, recommendations made in respect of Bills presented by or on behalf of the Emperor shall be submitted to the Parliament.

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 Chapter 5: Legislation and Administration

Section 1: Acts of Parliament and other regulations

Article 75 - Acts of Parliament shall be passed jointly by the Government and the Parliament.

Article 76 - Bills may be presented by on or behalf of the Emperor or by the Assembly of Nobles.

Article 77 - Bills presented by or on behalf of the Emperor shall be sent to the Assembly of Nobles.

Article 78 - A Bill presented by or on behalf of the Emperor that has not yet been passed by the Assembly of Nobles may be amended as the case may be on the proposal of one or more members or by the Government.
Any Bill being presented by the Assembly of Nobles that has not yet been passed may be amended by the Parliament on the proposal of one or more members or by the member or members introducing the Bill.

Article 79 - A Bill may be withdrawn by or on behalf of the proposer until such time as it is passed by Parliament.   A Bill which is to be presented to or by Parliament may be withdrawn by the member or members introducing it until such time as it is passed.

Article 80 - A Bill shall become an Act of Parliament once it has been passed by the Parliament and ratified by the Emperor.  The Emperor and the Parliament shall inform each other of their decision on any Bill.
If the elections have not yet been held for the first Assembly of Nobles, or there are not any elected members, the Emperor may create Acts of Parliament by Royal Proclamation.  Said Royal Proclamations shall be put forth to the Assembly of Nobles as Bills once it is convened.  Unless the Assembly does not pass the Bill, the Act shall remain a law.

Article 81 - The publication and entry into force of Acts of Parliament shall be regulated by Act of Parliament.  They shall not enter into force before they have been published.

Article 82 - General administrative orders shall be established by Royal Proclamation.
Any regulations to which penalties are attached shall be embodied in such orders only in accordance with an Act of Parliament.  The penalties to be imposed shall be determined by Act of  Parliament.
Publication and entry into force of general administrative orders shall be regulated by Act of Parliament.  Publication and entry into force of general administrative orders shall be regulated by Act of Parliament.  They shall not enter into force before they have been published.

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Section 2: Miscellaneous Provisions

Article 83 - The Imperial Government in Exile shall not be bound by treaties, nor shall such treaties be denounced without the prior approval of Parliament.  The cases in which approval is not required shall be specified by an Act of Parliament.  The manner in which approval shall be granted shall be laid down by an Act of Parliament, which may provide for the possibility of tacit approval.  Any provisions of the treaty that conflict with the Charter or which lead to conflicts with it may be approved by the Assembly of Nobles only if at least two-thirds of the votes cast are in favor.

Article 84 - Provisions of treaties which may be binding on all persons by virtue of their contents shall become binding after they have been published.

Article 85 - Rules regarding the publication of treaties and decisions by international institutions shall be laid by an Act of Parliament.

Article 86 - The estimates of the Imperial Government in Exiles revenues and expenditures shall be laid down by Act of Parliament.  Bills containing general estimates shall be presented by or on behalf of the Emperor every year on the date specified in Article 59.
A statement of the Imperial Government in Exiles revenues and expenditures shall be presented to the Parliament in accordance with the provisions of the relevant Act of Parliament.  The balance sheet approved by the General Chamber of Audit shall be presented to the Parliament.  Rules relating to the management of the Imperial Government in Exiles finances shall be prescribed by an Act of Parliament.

Article 87 - The monetary system shall be regulated by an Act of Parliament.

Article 88 - Civil law, criminal law and civil and criminal procedure shall be regulated by Act of Parliament in general legal codes without prejudice to the power to regulate certain matters in separate Acts of Parliament.  The general rules of administrative law shall be laid down by Act of Parliament.

Article 89 - The establishment, powers and procedures of any general independent bodies for investigating complaints relating to actions of the authorities shall be regulated by Act of Parliament.
Appointment to such bodies shall be made by the Assembly of Nobles if their jurisdiction covers the actions of the central authorities.  Members may be dismissed in cases prescribed by Act of Parliament.

Article 90 - The legal statue of public servants shall be regulated by Acts of Parliament.  Rules regarding employment protection and co-determination for public servants shall also be laid down by Act of Parliament.

Article 91 - In the exercise of the duties government bodies shall observe the right of public access to information in accordance with rules to be prescribed by Act of Parliament.

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 Chapter 6: The Administration of Justice

Article 92 - The Administration of Justice shall be exercised by the Courts of Law according to law, in the name of the Emperor.
The organization of the Courts of Law shall be determined by Act of Parliament.

Article 93 - There shall be a Supreme Court and members shall be appointed by the Emperor with two-thirds approval from Parliament.
Rules for disciplinary punishment shall be determined by law.

Article 94 - Trials and judgments of a Court shall be conducted publicly.  When, however, there exists any fear, that such publicity may be prejudicial to peace and order, or to the maintenance of public morality, the public trial may be suspended by law or by the decision of the Court of Law.

Article 95 - Capitol punishment may not be imposed.

Article 96 - All matters that fall within the competency of a special Court, shall be specially provided for by law.

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 Chapter 7 Revision of the Constitution

Article 97 - An Act of Parliament shall be passed stating that an amendment to the Charter in the form proposed shall be considered.
The Assembly of Nobles may divide a Bill presented for this purpose into a number of separate Bills, either upon a proposal presented by or on behalf of the Emperor or otherwise, if at lease two-thirds of the votes cast are in favor.

Article 98 - Amendments to the Charter passed by the Parliament and ratified by the Emperor shall enter into force immediately after they have been published.

Article 99 - Existing Acts of Parliament and other regulations and proclamations which are in conflict with an amendment to the Charter shall remain in force until provisions are made in accordance with the Charter.

Article 100 - The text of the revised Charter shall be published by Royal Proclamation in which the chapters, sections, and articles may be renumbered and references to them altered accordingly.

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