Article 38 — Sovereign Decrees and Subordinate Instruments

1. 1.

   The Sovereign may, by Sovereign Decree, exercise legislative, executive, administrative, constitutional, judicial or prerogative authority.

2. 2.

   A Sovereign Decree may:

   1. establish, amend, suspend, disapply or repeal any provision of the Fundamental Laws and Principles;
   2. establish, amend, suspend, disapply or repeal any Code, Act, Regulation or other instrument;
   3. establish, reorganise, combine, suspend or abolish an institution or organ of the Nation or State;
   4. confer, delegate, limit, withdraw or resume any public function or authority;
   5. establish rights, duties, offices, procedures or legal consequences;
   6. direct the administration and government of the Nation and State; and
   7. make any other provision considered necessary or expedient by the Sovereign.
3. 3.

   A Sovereign Decree shall bind every person, officer, institution and organ to which it applies from the date of its commencement.

4. 4.

   Where a Sovereign Decree is inconsistent with another instrument, the Sovereign Decree shall prevail to the extent of the inconsistency, whether or not it expressly refers to that instrument.

5. 5.

   Where a Sovereign Decree expressly amends or repeals the text of the Fundamental Laws and Principles, a Code or another instrument, the official consolidated text shall be updated accordingly.

6. 6.

   Where a Sovereign Decree modifies, suspends, disapplies or prevails over another instrument without formally amending its text:

   1. the affected provision may remain within the official consolidated text;
   2. the affected provision shall be read and applied subject to the Sovereign Decree;
   3. KahaLex shall record the modification, suspension, disapplication or overriding effect; and
   4. the affected provision shall recover its full effect upon the repeal or expiry of the Sovereign Decree, unless the Sovereign otherwise directs.
7. 7.

   Where two Sovereign Decrees are inconsistent:

   1. the intention of the Sovereign, as expressed in the instruments, shall govern;
   2. a specific provision shall ordinarily prevail over a general provision;
   3. a later provision shall ordinarily prevail over an earlier provision; and
   4. the instruments shall, so far as reasonably possible, be interpreted consistently with one another.
8. 8.

   A Sovereign Decree may be amended, suspended, disapplied or repealed only by the Sovereign.

9. 9.

   Regulations and other instruments made under delegated authority shall remain subordinate to Sovereign Decrees and shall be valid only to the extent that they remain within the authority conferred upon their maker.

10. 10.

    Administrative Regulations may govern the procedures and functioning of institutions and organs and may impose obligations upon persons outside the administration where authorised by a Sovereign Decree, Code, Act or other superior instrument.