Constitution of Ledgersia

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(<center>Part III: The House of Representatives</center>)
 
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==<center>Chapter 1<br>The Head of State</center>==
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[[Final Constitution]]
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'''1.''' There shall be a President in and over Ledgersia who shall be the Head of State.
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<br>[[Revised Constitution of Ledgersia]]
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<br>[[Constitution of possible new country]]
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'''2.''' The President shall have only such powers and duties as are conferred or imposed upon him by or under this Constitution.
 
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'''3.''' The command-in-chief of the armed forces shall be vested in the President.
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President: Clifford Barton
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<br>Vice-President: Edwin T. Roberts
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<br>Prime Minister
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<br>Minister of Citizenship and Immigration
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<br>Minister of Defense
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<br>Minister of Finance
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<br>Minister of Foreign Affairs and International Cooperation
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<br>Minister of Infrastructure
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<br>Minister of Intergovernmental Affairs
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<br>Minister of Justice and Law and Order
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<br>Minister of Natural Resources
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<br>Minister of Public Works and Government Services
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<br>Minister of Trade
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<br>Minister of Transport and Communications
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<br>Minister of Veterans Affairs
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<br>Attorney-General
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<br>Chief Government Whip
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'''4.''' The President shall be the representative of the nation in both domestic affairs and international relations.
 
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'''5.''' The President shall, subject to the provisions of this Constitution, have power-
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==<center>CHAPTER II</center>==
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<br>(a) To appoint and to accredit, to receive and to recognize ambassadors, plenipotentiaries, diplomatic representatives, and other diplomatic officers, consuls, and consular officers.
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<center>EXECUTIVE GOVERNMENT</center>
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<br>(b) To enter into and ratify international conventions, treaties, and agreements; but no international convention, treaty, or agreement shall be valid and effective unless concurred in by at least two-thirds of all the members of the Senate.
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<br>(c) To declare war and to make peace; but no declaration of war shall be made without the prior consent of at least two-thirds of the members of both houses, in joint session assembled.
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<br>(d) To appoint the times for the holding of sessions of Parliament and to prorogue Parliament.
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<br>(e) To dissolve the Senate or the House of Representatives or the Senate and the House of Representatives simultaneously.
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<br>(f) To pardon or reprieve offenders, either unconditionally or subject to such conditions as Parliament may fix, and to remit any fines, penalties, or forfeitures.
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<br>(g) To confer and revoke honors, military ranks, diplomatic awards, and precedence.
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<br>(h) To make such appointments as he may deem fit under powers conferred upon him by any law, unless the appointment is delegated by the President or by a law of Parliament to some other authority.
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'''6.''' No person may be elected or serve as President unless he is qualified to be appointed and to take his seat as a member of the Senate.
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'''11.''' The executive government of the Republic in regard to any aspect of its internal or external affairs is vested in the President and shall be exercised by him, either directly or through officers subordinate to him, in accordance with the Constitution.
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'''7.''' (1) The President shall be elected from among the members of the Senate by a vote of at least two-thirds of the total membership of the Senate for a term of seven years from the date he takes his oath of office, which shall not be sooner than thirty days nor later than ten days before the expiration of the term of office of the incumbent President. The President shall, upon taking his oath of office, cease to be a Senator and of any political party. Nor shall he join any political party at any time during his period in office.
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'''12.''' The President, in his capacity as commander-in-chief of the defense forces of _____, may, subject to such conditions as may be prescribed by or under any law —
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<br>(''a'') mobilize and call out the defense forces or any part thereof for operational purposes or otherwise for the maintenance of law and order, the preservation of the peace, the protection of life, health or property or the provision or continuance of essential services; and
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<br>(''b'') confer commissioned ranks in the defense forces on any person serving or qualified to serve therein and give to such person a commission under his hand.
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(2) If, for the purposes of this section, no Senator receives the vote of at least two-thirds of the total membership of the Senate, the process shall be repeated twice. If, after the third ballot, a Senator still fails to receive the vote of at least two-thirds of the members, a simple majority shall be sufficient.
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'''13.''' (1) The President shall in addition to the other provisions of this Constitution, further have power —
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<br>(''a'') to appoint and to accredit, to receive and to recognize, ambassadors, plenipotentiaries, diplomatic representatives and other diplomatic officers, consuls and consular officers;
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<br>(''b'') to enter into and to ratify international conventions, treaties and agreements;
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<br>(''c'') to proclaim and to terminate martial law;
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<br>(''d'') to declare war and to make peace; and
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<br>(''e'') to confer honors and precedence.
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(3) The President shall not, in addition to the presidency, hold any other public office in respect of which he receives any renumeration or allowance out of public funds.
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(2) Subject to the provisions of this Constitution and other law by which powers or duties are conferred or imposed, the President shall do and exercise all things that belong to his office according to such constitutional conventions and practices as were applicable in _____ immediately before the appointed day.
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(4) The President shall not on termination of his period of office be eligible for re-election.
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'''14.''' There shall be in and for _____ a Cabinet, which shall consist of the Prime Minister and such other Ministers as may be appointed in accordance with section ''seventeen''.
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'''8.''' (1) The President shall cease to hold office on a resolution passed by two-thirds of the total membership of the Senate during the same session declaring him to be removed from office on the ground of misconduct or inability to perform efficiently the duties of his office.
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'''15.''' (1) Except as provided by this Constitution, the President shall, in the exercise of his functions under this Constitution or any other written law, act in accordance with the advice of the Cabinet or of a Minister acting under the general authority of the Cabinet:
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(2) (a) No resolution shall be taken under sub-section (1), except after consideration of a report of a committee of the Senate appointed in pursuance of a resolution of the Senate.
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Provided that the President may require the Cabinet or as the case may be, the Prime Minister to reconsider such advice, either generally or otherwise, and the President shall act in accordance with the advice tendered after such reconsideration.
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<br>(b) The Senate shall not adopt a resolution that such a committee be appointed, unless there has previously been submitted to the Chairman of the Senate a petition signed by not less than one-fifth of the members of the Senate and requesting that such a committee be appointed.
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(3) In connection with any resolution contemplated in paragraph (b) of sub-section (2) no debate shall be allowed in the Senate.
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(2) The President may act in his discretion in the performance of the following functions —
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<br>(''a'') the appointment of the Prime Minister in accordance with section ''seventeen'';
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<br>(''b'') the withholding of consent to a request for a dissolution of Parliament;
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<br>(''c'') the withholding of assent to any Bill other than a Money Bill;
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<br>(''d'') any other function the performance of which the President is authorized by this Constitution to act in his discretion.
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'''9.''' The President may resign by lodging his resignation in writing with the Prime Minister.
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(3) The Legislature may by law make provision to require the President to act after consultation with, or on the recommendation of, any person or body of persons other than the Cabinet in the exercise of his functions other than —
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<br>(''a'') functions exercisable in his discretion; and
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<br>(''b'') functions with respect to the exercise of which provision is made in any other provision of this Constitution.
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'''10.''' (1) The President shall not be absent from the Republic except with the prior consent of the Executive Council.
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(4) Where the President is required to act in accordance with his own discretion or the advice of any specified person or authority, a court shall not, in any case, inquire into any of the following questions or matters —
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<br>(''a'') on whose advice the President acted;
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<br>(''b'') whether any advice was tendered or acted on;
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<br>(''c'') the nature of any advice tendered;
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<br>(''d'') the manner in which the President has exercised his discretion as referred to in the provisos to sub-section (1).
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(2) During any period when the office of the President is vacant or the President is absent from Ledgersia or is for any reason unable to perform the functions of his office, those functions shall during that period be assumed and performed by the Chairman of the Senate or, if the office of Chairman of the Senate is vacant or the holder of that office is unable to act, the Speaker or, if his office is vacant or he is unable to act, such person as the Executive Council may appoint.
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'''16.''' (1) There shall be a Public Seal of _____, showing the coat of arms of the Republic with the circumscription “Republic of _____”.
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(3) Any person appointed in terms of subsection (2) shall cease to perform the functions of the President after the President has informed him that he is about to resume his functions or when a new President assumes office in terms of this Constitution.
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(2) The Public Seal shall be kept by the President and used for sealing all things whatsoever that shall pass the Public Seal of _____.
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(4) The President or any person acting as the President shall not, for the purpose of this section, be regarded as absent from Ledgersia or as unable to perform the functions of the office of the President at any time when there is a subsisting appointment of a deputy under section eleven.
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'''17.''' (1) The President shall appoint as Prime Minister a member of Parliament who in his judgment is likely to command the confidence of the majority of the members of the House of Representatives, and shall, acting in accordance with the advice of the Prime Minister, appoint other Ministers from among the members of Parliament:
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(5) In the event of the death or permanent disability of the President, the Senate shall elect a new President not later than twenty-five days after the death of the President.
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Provided that, if an appointment is made while Parliament is dissolved, a person who was a member of the last Parliament may be appointed but shall not continue to hold office after the first sitting of the next Parliament unless he is a member thereof.
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'''11.''' (1) Whenever the President-
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(2) Appointments under this section shall be made by the President by instrument under the Public Seal.
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<br>(a) has occasion to be absent from the seat of Government but not from Ledgersia; or
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<br>(b) has occasion to be absent from Ledgersia for a period which he has reason to believe will not exceed one month; or
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<br>(c) is suffering from an illness which he has reason to believe will be of short duration;
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he may, by instrument under the Public Seal of Ledgersia, appoint any person in Ledgersia to be his deputy during such absence or illness, and in that capacity to perform on his behalf such of the functions of the office of the President as may be specified in that instrument.
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'''18.''' (1) The President shall, by writing under the public seal, declare the office of Prime Minister vacant —
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<br>(''a'') if the Prime Minister resigns his office by writing under his hand addressed to the President; or
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<br>(''b'') if the President, acting in his discretion, is satisfied that the Prime Minister has ceased to command the confidence of a majority of the members of the House of Representatives:
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(2) The power and authority of the President shall not be abridged, altered, or in any way affected by the appointment of a deputy under this section and a deputy shall conform to and observe all instructions that the President may from time to time address to him, provided that the question whether or not a deputy has in any matter conformed to or observed any such instructions shall not be inquired into in any court.
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Provided that, before declaring the office of Prime Minister vacant under this paragraph, the President shall inform the Prime Minister that he is satisfied as aforesaid, and, if the Prime Minister so requests, the President may dissolve the House of Representatives instead of making such a declaration.
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(3) A person appointed as a deputy under this section shall hold the appointment for such period as may be specified in the instrument by which he is appointed, save that his appointment may be revoked at any time by the President.
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(2) A Minister, other than the Prime Minister, shall vacate his office —
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<br>(''a'') if his appointment to that office is revoked by the President, acting in accordance with the advice of the Prime Minister, by instrument under the Public Seal; or
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<br>(''b'') if he resigns his office by writing under his hand addressed to the President.
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'''12.''' Before entering on any of the duties of his office the President or Acting President, as the case may be, shall take the oaths of loyalty and for the due execution of his office in the forms set out in the First Schedule, which oaths shall be administered by the Chief Justice or another judge of the Supreme Court.
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(3) A person who has vacated his office as Minister may, if qualified, be again appointed as Minister from time to time.
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'''13.''' (1) There shall be charged upon and paid out of the Consolidated Revenue Fund to the President and any Acting President such salary as may from time to time be prescribed by a law of the Legislature and such allowances as may be prescribed by or under any such law.
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(4) (''a'') Whenever the Prime Minister is ill or absent from _____ or has been granted leave of absence from his duties under section _____, the functions conferred on him by this Constitution shall be exercisable by any other Minister authorized by the President, by instrument under the Public Seal, in that behalf.
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<br>(''b'') The President may, by instrument under the Public Seal, revoke any authority given under this clause.
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<br>(''c'') The powers conferred upon the President by this clause shall be exercised by him acting in his discretion, if in his opinion it is impracticable to obtain the advice of the Prime Minister owing to the Prime Minister's illness or absence, and in any other case shall be exercised by the President in accordance with the advice of the Prime Minister.
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(2) The salary payable to the President or an Acting President shall not be increased nor diminished during his continuance in office.
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'''19.''' The Prime Minister and every other Minister shall before assuming the duties of his office make and subscribe before the President or a person designated by him for the purpose, an oath in such form as the President may determine.
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'''20.''' (1) The Cabinet shall not be summoned except by the authority of the Prime Minister.
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(2) The Prime Minister shall, so far as is practicable, attend and preside at meetings of the Cabinet and, in his absence, such other Minister shall preside as the Prime Minister shall appoint.
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'''21.''' (1) The Prime Minister may, by directions in writing —
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<br>(''a'') charge any Minister with responsibility for any department or subject; and
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<br>(''b'') revoke or vary any directions given under this clause.
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(2) The Prime Minister may retain in his charge any department or subject.
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==<center>Chapter 3: The Legislature</center>==
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'''22.''' It shall be the duty of the Prime Minister —
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===<center>Part I</center>===
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<br>(''a'') to communicate to the President all decisions of the Cabinet relating to the administration of the affairs of the Republic and proposals for legislation;
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'''20.''' The legislative power of Ledgersia shall be vested in the Legislature which call consist of the President and the Parliament.
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<br>(''b'') to furnish such information relating to the administration of the affairs of the Republic and proposals for legislation as the President may call for; and
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<br>(''c'') if the President so requires, to submit for the consideration of the Cabinet any matter on which a decision has been taken by the Prime Minister or a Minister but which has not been considered by the Cabinet.
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'''21.''' The Parliament of Ledgersia shall consist of a Senate and a House of Representatives.
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'''23.''' The President, acting in accordance with the advice of the Prime Minister, may grant leave of absence from his duties to the Prime Minister and to any other Minister.
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===<center>Part II: The Senate</center>===
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'''24.''' A member of the Cabinet shall not hold any office of profit and shall not actively engage in any commercial enterprise.
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'''1.''' The Senate shall be composed of Senators for each State, appointed by the legislature of the State.
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'''2.''' Until Parliament otherwise provides there shall be ten Senators for each State. Parliament may make laws increasing or diminishing the number of Senators for each State, but so that equal representation of the several States shall be maintained.
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'''25.''' (1) The President, acting in accordance with the advice of the Prime Minister, may appoint a public officer to be the Secretary to the Cabinet.
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'''3.''' No person shall be qualified to be a Senator unless he-
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(2) The Secretary to the Cabinet shall be responsible, in accordance with such instructions as may be given to him by the Prime Minister, for arranging the business for, and keeping the minutes of, the meetings of the Cabinet and for conveying the decisions of the Cabinet to the appropriate person or authority and shall have such other functions as the Prime Minister may from time to time direct.
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<br>(a) is at least thirty years of age;
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<br>(b) is qualified to be registered as a voter for the election of members of the House of Representatives in the State for which he shall be appointed;
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<br>(c) has resided for five years or more within the limits of Ledgersia; and  
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<br>(d) is a natural-born citizen of Ledgersia.
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'''4.''' If the seat of a Senator becomes vacant, the legislature for the State concerned shall appoint a person to hold the seat until the completion of the period for which the person in whose stead he is appointed would have held the seat.
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'''26.''' The President, acting on the advice of the Prime Minister, may constitute such offices for _____ as may be lawfully constituted and, subject to the provisions of this Constitution and of any other law, the President may —
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<br>(''a'') make appointments, to be held during pleasure, to any office so constituted; and
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<br>(''b'') dismiss any person so appointed or take such other disciplinary action in relation to him as the President may think fit.
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'''5.''' The Senate may from time to time establish standing committees for various matters as it may deem fit, and any Minister or Deputy Minister may at any time with due regard to the rules of the Senate, move that any matter be referred to such a committee for investigation and report.
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'''27.''' The President may
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<br>(''a'') grant to any person convicted of any offense a pardon, either free or subject to lawful conditions;
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<br>(''b'') grant to any person a respite, either indefinite or for a specified period, of the execution of any punishment imposed on that person for any offense;
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<br>(''c'') substitute a less severe form of punishment for any punishment imposed on any person for any offense; and
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<br>(''d'') remit the whole or part of any punishment imposed on any person for any offence or of any penalty or forfeiture otherwise due to the Government on account of any offense.
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'''6.''' The Prime Minister or any Minister acting on his behalf shall at the commencement of each session of Parliament as circumstances may require, make known what Bills are to be introduced in the Senate during that session.
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'''28.''' (1) If, at any time, the President, in his discretion, or on the advice of the Prime Minister, considers that it is desirable that any matter of national importance should be referred to a referendum, the President may cause the matter to be referred to a referendum in the form of a question that is capable of being answered either by “Yes” or “No”.
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'''7.''' (1) The Senate shall, before proceeding to the dispatch of any other business, elect a person to be the President of the Senate and, whenever the office of the President of the Senate becomes vacant otherwise than by reason of the dissolution of Parliament, the Senate shall not transact any other business until a person to fill that office has been elected.
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(2) An act of the Legislature may lay down the procedure for the holding of a referendum and the compiling and consolidation of the result of a referendum.
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(2) The President of the Senate shall be elected in accordance with the Standing Orders from among the members of the Senate who are neither Ministers nor Deputy Ministers.
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'''29.''' (1) The President may, at any time, by proclamation published in the ''Gazette'', declare that —
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<br>(''a'') a state of public emergency exists; or
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<br>(''b'') a situation exists which, if it is allowed to continue, may lead to a state of public emergency.
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'''8.''' (1) The President of the Senate may at any time resign his office either by announcing his resignation in person to the Senate or by notice in writing to the President.
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(2) A declaration in terms of subsection (1), if not sooner revoked, shall cease to have effect:
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<br>(''a'') in the case of a declaration made when the House of Representatives is meeting for the transaction of business, at the expiration of a period of seven days beginning with the day of the publication of the proclamation in the ''Gazette'';
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<br>(''b'') in any other case, at the expiration of a period of thirty days beginning with the day of the publication of the proclamation in the Gazette;
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<br>unless, before the expiration of that period, the decision is approved by a resolution passed by the House of Representatives:
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(2) The President of the Senate shall vacate his office if he ceases to be a member of the Senate or if he becomes a Minister or a Deputy Minister.
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Provided that, if Parliament is dissolved during the period of thirty days referred to in paragraph (''b''), the declaration, unless sooner revoked, shall cease to have effect at the expiration of a period of sixty days beginning with the day of the publication of the proclamation in the ''Gazette'' unless, before the expiration of that period, the declaration is approved by a resolution passed by the House of Representatives.
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(3) The office of the President of the Senate shall become vacant if the Senate, by an affirmative vote of not less than two-thirds of the total membership of the Senate, resolves that the office of the President of the Senate shall become vacant.
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(3) Where a declaration in terms of subsection (1):
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<br>(''a'') is not approved by a resolution passed by the House of Representatives in pursuance of the provisions of subsection (2), the President shall forthwith after the Parliament has considered the resolution and failed to approve it or, if the House of Representatives has not considered the resolution, on the expiration of the appropriate period specified in subsection (2), by proclamation published in the ''Gazette'', revoke such declaration;
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<br>(''b'') is approved by a resolution passed by the House of Representatives in pursuance of the provisions of subsection (2), such declaration shall, subject to the provisions of subsections (4) and (5), continue in force for a period of twelve months beginning with the day of the publication of the proclamation in the ''Gazette'':
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(4) Any function of the President of the Senate, whether authorized by law or otherwise, which is required to be performed on the polling day after a dissolution of Parliament or between that day and the day when the Senate first meets thereafter shall be performed by the person who was the President of the Senate immediately before that polling day: Provided that if at any time after the dissolution of Parliament the person who was the President of the Senate immediately before such dissolution relinquishes the functions of that office by notice in writing to the President or is for any reason unable to perform them, those functions shall be performed by the Deputy President of the Senate or, if the Deputy President of the Senate is unable to act, by some other person chosen by the Senate in that behalf.
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Provided that, where the House of Representatives has in the resolution in pursuance of the provisions of subsection (2) specified that such declaration shall continue in force for a period of less than twelve months, the President shall, by proclamation published in the ''Gazette'', declare that the declaration shall, subject to the provisions of subsection (4), be revoked at the expiration of the period specified in the resolution.
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'''9.''' (1) As soon as practicable after the election of the President of the Senate, the Senate shall elect a member of the Senate, not being a Minister or a Deputy Minister, to be the Deputy President of the Senate and, whenever the office of the Deputy President of the Senate becomes vacant otherwise than by reason of a dissolution of Parliament, the Senate shall as soon as convenient elect another such member to that office.
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(4) If the House of Representatives resolves that it considers it expedient that a declaration in force in terms of this section should be continued in force for a further period not exceeding twelve months, the President shall forthwith, by proclamation published in the ''Gazette'', extend such declaration for such further period as may be so resolved.
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(2) The Deputy President of the Senate shall be elected in accordance with the Standing Orders.  
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(5) The House of Representatives may at any time resolve that a declaration in force under this section should be revoked and the President shall forthwith, by proclamation published in the ''Gazette'', revoke such declaration.
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(3) The Deputy President of the Senate may at any time resign his office by notice in writing to the President and shall vacate his office if he ceases to be a member of the House of Representatives or if he becomes a Minister or a Deputy Minister.
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(6) A declaration in terms of this section may be continued in force in terms of this section notwithstanding that such declaration has previously been continued in force in terms of this section.
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(4) The office of the Deputy President of the Senate shall become vacant if the Senate, by an affirmative vote of a majority of the members thereof, resolves that the office of the Deputy President of the Senate shall become vacant.
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(7) For the purposes of this section the House of Representatives shall be regarded as meeting for the transaction of business during a period —
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<br>(''a'') beginning on the day the House of Representatives first meets after a prorogation or an adjournment in pursuance of the passing of a resolution such as is referred to in paragraph (''b'') and;
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<br>(''b'') ending on the day the House of Representatives next adjourns in pursuance of a resolution the purpose of which is that the House of Representatives shall stand adjourned for more than thirty days or on the day the House of Representatives is dissolved or prorogued, whichever is the sooner.
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'''10.''' The President of the Senate or, when he is unable to act, the Deputy President of the Senate or, when they are both unable to act, a member of the Senate, not being a Minister or a Deputy Minister, elected or appointed in accordance with the Standing Orders, shall preside over the deliberations of the Senate.
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==<center>CHAPTER III</center>==
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<center>PART I</center>
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'''11.''' The presence of at least ten members of the Senate shall be necessary to constitute a meeting of the Senate for the exercise of its powers.
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'''31.''' (1) All legislative powers of the Republic shall be vested in Parliament which shall have the powers and responsibilities set out in this Constitution.
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'''12.''' All questions in the Senate shall be determined by a majority of votes of members present; but the President of the Senate or the presiding member, as the case may be, shall not be entitled to vote. In the case of an equality of votes, the question shall pass in the negative.
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(2) An Act of Parliament shall have primacy over other forms of law, but shall be subject to the Constitution.
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===<center>Part III: The House of Representatives</center>===
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(3) Any question proposed for decision by the House of Representatives or by the Senate shall be decided by a majority of the votes of the members present and voting, unless this Constitution or any other Act of Parliament otherwise provides.
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'''1.''' The House of Representatives shall be composed of one hundred and seventy-five members directly chosen by the voters of Ledgersia as hereinafter provided.
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'''2.''' (1) Members shall be elected for plurinominal constituencies that shall be geographically defined by law; but no constituency shall form part of more than one State. The law shall lay down the nature and complementarity thereof in such a way as to ensure that votes are converted into seats in accordance with the proportional representation system and using the Sainte-Laguë highest average method.
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'''32.''' (1) For the purposes of this Constitution, unless otherwise provided, “Parliament” consists of the House of Representatives, the Senate and the President as Head of State.
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(2) The number of members for each constituency shall be proportional to the number of citizens registered to vote therein.
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(2) Unless otherwise provided in this Constitution, an “Act of Parliament” shall be a Bill which has —
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<br>(i) been laid before and passed by a majority of the House of Representatives;
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<br>(ii) been laid before and passed by a majority of the Senate; and
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<br>(iii) been assented to by the President in accordance with this Chapter.
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(3) Nominations shall be submitted by political parties as laid down by law. Parties may submit such nominations individually or in coalition and their lists of candidates may include citizens who are not registered members of any of the parties in question.
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(3) “Chamber” means either the Chamber of the National Assembly or of the Senate.
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(4) No one shall be a candidate for more than one constituency. No one may appear on more than one list.
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<center>PART II<br>THE HOUSE OF REPRESENTATIVES</center>
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(5) The law shall not limit the conversion of votes into seats by requiring a minimum national percentage of votes cast.
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'''33.''' The House of Representatives shall be composed of members who represent constituencies determined by law.
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'''3.''' (1) A general election of members of the House of Representatives shall be held on such day within a period not exceeding four months after the issue of a proclamation dissolving Parliament as the President may in that proclamation fix.
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(2) The number of members shall from time to time be fixed by law, but the total number of members of the House of Representatives shall not be fixed at less than one member for each thirty thousand of the population, or at more than one member for each twenty thousand of the population.
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(2) At any general election of members of the House of Representatives, all polls shall be taken on one and the same day in all the constituencies throughout Ledgersia.
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(3) The ratio between the number of members to be elected at any time for each constituency and the population of each constituency, as ascertained at the last preceding census, shall, so far as it is practicable, be the same throughout the country.
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(3) The registration of voters and the conduct of elections of members of the House of Representatives shall be subject to the direction and supervision of the Federal Electoral Commission.
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(4) Parliament shall revise the constituencies at least once in every ten years, with due regard to changes in distribution of the population, but any alterations in the constituencies shall not take effect during the life of the House of Representatives sitting when such revision is made.
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'''4.''' No person shall be qualified to be a member of the House of Representatives unless he-
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(5) The members shall be elected on the system of proportional representation by means of the single transferable vote.
-
<br>(a) is at least twenty-five years of age;
+
-
<br>(b) is qualified to be registered as a voter for the election of members of the House of Representatives in the State in which the constituency for which he is elected is located;
+
-
<br>(c) has resided for five years or more within the limits of Ledgersia; and
+
-
<br>(d) is a natural-born citizen of Ledgersia.
+
-
'''5.''' Electoral law shall regulate the filling of vacancies that arise in the House of Representatives and, in cases in which there are important grounds for doing so, the temporary substitution of members.
+
(6) No law shall be enacted whereby the number of members to be returned for any constituency shall be less than three.
-
'''6.''' (1) The House of Representatives shall, before proceeding to the dispatch of any other business, elect a person to be the Speaker and, whenever the office of the Speaker becomes vacant otherwise than by reason of the dissolution of Parliament, the House of Representatives shall not transact any other business until a person to fill that office has been elected.
+
'''34.''' No person shall be qualified to be a member of the House of Representatives, unless he —
 +
<br>(''a'') is at least twenty-one years of age;
 +
<br>(''b'') is an elector entitled to vote at the election of members of the House of Representatives, or a person qualified to become such elector;
 +
<br>(''c'') has resided for five years within the limits of the Republic;
 +
<br>(''d'') is a _____ citizen.
-
(2) The Speaker shall be elected in accordance with the Standing Orders from among the members of the House of Representatives who are neither Ministers nor Deputy Ministers.
+
'''35.''' (1) The House of Representatives shall, before proceeding to the dispatch of any other business, elect from its members a Speaker and a Deputy-Speaker. The Speaker, or in his absence the Deputy-Speaker, shall preside over sessions of the House of Representatives. Should neither the Speaker nor the Deputy-Speaker be present at any session, the House of Representatives shall elect from amongst its members a person to act as Speaker in their absence during that session.
-
'''7.''' (1) The Speaker may at any time resign his office either by announcing his resignation in person to the House of Representatives or by notice in writing to the President.  
+
(2) The Speaker or the Deputy-Speaker, as the case may be, shall cease to hold office if he ceases to be a member of the House of Representatives and he may be removed from office by a vote of the House, or he may resign his office either by announcing his resignation in person to the House or by notice in writing to the Secretary to Parliament.
-
(2) The Speaker shall vacate his office if he ceases to be a member of the House of Representatives or if he becomes a Minister or a Deputy Minister.
+
'''36.''' (1) The House of Representatives shall be a directly elected Chamber the primary purpose of which shall be legislative and which shall have power, subject to this Constitution, to —
 +
<br>(''a'') receive, amend, accept or reject Government Bills and Private Bills;
 +
<br>(''b'') initiate Private Member's Bills on the motion of any member and amend, accept or reject all Private Member's Bills;
 +
<br>(''c'') receive, amend, accept or reject any Bills remitted from the Senate;
 +
<br>(''d'') debate and vote motions in relation to any matter including motions to indict and convict the President by impeachment;
 +
<br>(''e'') exercise such other functions and powers as are conferred on it by this Constitution; and
 +
<br>(''f'') take all actions incidental to and necessary for the proper exercise of its functions.
-
(3) The office of the Speaker shall become vacant if the House of Representatives, by an affirmative vote of not less than two-thirds of the total membership of the House of Representatives, resolves that the office of the Speaker shall become vacant.
+
(2) For the purposes of this Constitution —
 +
<br>(''a'') a Government Bill shall be a Bill promulgated by the Government and introduced to Parliament on behalf of the Government;
 +
<br>(''b'') a Private Bill shall be —
 +
<br>(i) promulgated by an agency that is not part of the Government; and
 +
<br>(ii) introduced to Parliament on behalf of that agency where that agency is mandated by an Act of Parliament so to do;
 +
<br>(''c'') a Private Member's Bill shall be —
 +
<br>(i) promulgated by a member of Parliament; and
 +
<br>(ii) introduced by that member in the Chamber of which he is a member in accordance with the procedure of that Chamber.
-
(4) Any function of the Speaker, whether authorized by law or otherwise, which is required to be performed on the polling day after a dissolution of Parliament or between that day and the day when the House of Representatives first meets thereafter shall be performed by the person who was the Speaker immediately before that polling day: Provided that if at any time after the dissolution of Parliament the person who was the Speaker immediately before such dissolution relinquishes the functions of that office by notice in writing to the President or is for any reason unable to perform them, those functions shall be performed by the Deputy Speaker or, if the Deputy Speaker is unable to act, by some other person chosen by the House of Representatives in that behalf.
+
<center>PART III<br>THE SENATE</center>
-
'''8.''' (1) After a general election and as soon as practicable after the election of the Speaker, the House of Representatives shall elect a member of the House of Representatives, not being a Minister or a Deputy Minister, to be the Deputy Speaker and, whenever the office of the Deputy Speaker becomes vacant otherwise than by reason of a dissolution of Parliament, the House of Representatives shall as soon as convenient elect another such member to that office.
+
'''37.''' (1) The Senate shall consist of ten members from each province referred to in section _____, to be elected from amongst their members by the Provincial Councils for such province.
-
(2) The Deputy Speaker shall be elected in accordance with the Standing Orders.  
+
(2) The election of senators shall take place according to the principle of proportional representation, each voter having one transferable vote.
-
(3) The Deputy Speaker may at any time resign his office by notice in writing to the President and shall vacate his office if he ceases to be a member of the House of Representatives or if he becomes a Minister or a Deputy Minister.
 
-
(4) The office of the Deputy Speaker shall become vacant if the House of Representatives, by an affirmative vote of a majority of the members thereof, resolves that the office of the Deputy Speaker shall become vacant.
+
The Senate shall be an indirectly elected Chamber the primary purpose of which shall be deliberative and which shall have power, subject to this Constitution, to —
 +
<br>(''a'') receive, scrutinize and amend Bills from the House of Representatives;
 +
<br>(''b'') vote motions to confirm or remit Bills passed by the House of Representatives;
 +
<br>(''c'') debate any issue on its own motion, initiate Private Member's Bills and vote motions in respect of any matter, including motions to indict or convict the President by impeachment;
 +
<br>(''d'') exercise such other functions and powers as are conferred on it by this Constitution;
 +
<br>(''e'') carry out such other functions as may be delegated to it by an Act of Parliament; and
 +
<br>(''f'') take all actions incidental to and necessary for the proper exercise of its functions.
-
'''9.''' The Speaker or, when he is unable to act, the Deputy Speaker or, when they are both unable to act, a member of the House of Representatives, not being a Minister or a Deputy Minister, elected or appointed in accordance with the Standing Orders, shall preside over the deliberations of the House of Representatives.
 
-
'''10.''' The presence of at least forty members of the House of Representatives shall be necessary to constitute a meeting of the House for the exercise of its powers.
 
-
'''11.''' All questions in the House of Representatives shall be determined by a majority of votes of members present other than the Speaker or the presiding member, who shall, however, have and exercise a casting vote in the case of an equality of votes.
 
-
===<center>Part IV: Both Houses of Parliament</center>===
 
-
'''1.''' Every member of the Senate or the House of Representatives shall, before taking his seat, make and subscribe before the Senate or the House of Representatives, as the case may be, an oath in the following form:
 
-
"I, A.B., do hereby swear (or affirm) to be faithful to the Republic of Ledgersia, to hold my office with honor and dignity, to respect and uphold the Constitution and all other laws of the Republic, to consecrate myself to the service of the nation, and to perform the duties of my office conscientiously and to the best of my ability. So help me God."
 
-
(In case of affirmation, the last sentence will be omitted.)
 
-
'''2.''' Notwithstanding any dissolution of the Senate or the House of Representatives, whether by effluxion of time or otherwise:
 
-
<br>(a) every person who at the date of the dissolution is a member of the body concerned shall remain a member thereof;<br>(b) the said body shall remain competent to perform its functions; and
 
-
<br>(c) the President shall have power to summon Parliament for the dispatch of business;
 
-
during the period following such dissolution up to and including the day immediately preceding the polling day for the election held in pursuance of such dissolution, in the same manner in all respects as if the dissolution had not occurred.
 
-
'''3.''' (1) A member of the Senate who is elected as a member of the House of Representatives shall vacate his seat as a Senator with effect from the date on which he becomes a member of the House of Representatives.
 
-
(2) A member of the House of Representatives who is appointed as a Senator shall vacate his seat as a member of the House of Representatives with effect from the day on which he becomes a member of the Senate.
 
-
(3) A Minister or Deputy Minister who is a member of the Senate or the House of Representatives shall have the right to sit and speak both in the Senate and in the House of Representatives but shall vote only in the House of which he is a member.
 
-
'''4.''' No person shall be capable of being elected or appointed or of sitting as a member of the Senate or the House of Representatives, if he-
 
-
<br>(a) has voluntarily acquired citizenship of a country other than Ledgersia or has made a declaration of allegiance to such a country; or
 
-
<br>(b) is adjudged to be a lunatic or otherwise declared to be of unsound mind by a competent court; or
 
-
<br>(c) is an undischarged bankrupt, having been adjudged or otherwise declared bankrupt under any law in force in Ledgersia; or
 
-
<br>(d) is a member of the public service of Ledgersia or the public service of a State, a member of the armed forces, or the holder of any other office or emolument under Ledgersia; or
 
-
<br>(e) is under a sentence of imprisonment exceeding six months imposed on him by such a court or substituted by competent authority for some other sentence imposed on him by such a court.
 
-
'''5.''' (1) The seat of a member of the Senate or the House of Representatives shall become vacant-
 
-
<br>(a) if he resigns his seat by notice in writing to the President of the Senate or the Speaker, as the case may be, or, in the case of the death, incapacity, or absence from Ledgersia of the President of the Senate or the Speaker, to the Secretary to Parliament; or
 
-
<br>(b) if he is absent from twenty-one consecutive sittings during any session without the leave of the Senate or the House of Representatives, as the case may be, and the Senate or the House of Representatives has resolved by a majority of the total membership of the Senate or the House of Representatives that the seat shall become vacant; or
 
-
<br>(c) if he accepts any public office; or
 
-
<br>(d) if he ceases to be qualified for appointment to the Senate or election to the House of Representatives, as the case may be; or
 
-
<br>(e) if he becomes subject to any of the disabilities mentioned in the previous section.
 
-
(2) The resignation of a member of the Senate or the House of Representatives shall not become effective to render the seat of that member vacant under the provisions of paragraph (b) of subsection (1) in any case in which-
 
-
<br>(a) proceedings are pending in respect of that member's appointment or election, as the case may be, if it is alleged that illegal or corrupt practices took place at such appointment or election; or
 
-
<br>(b) proceedings in the Senate or the House of Representatives, as the case may be, are contemplated or pending in respect of that member's conduct in or as a member of the Senate or the House of Representatives;
 
-
unless the Senate or the House of Representatives, as the case may be, by resolution accepts the resignation.
 
-
(3) For the purposes of paragraph (d) of subsection (1), a person shall not be deemed to have accepted a public office by reason of-
+
'''33.''' (1) The quorum of each Chamber shall be formed by the presence at the beginning of any sitting of at least two-thirds of the members of that Chamber entitled to vote, not including the Speaker or a presiding member.
-
<br>(a) accepting appointment as a Minister or a Deputy Minister; or
+
-
<br>(b) holding any office for which no renumeration is paid other than payment by way of traveling or subsistence allowances or out-of-pocket expenses.
+
-
'''6.''' If any person who is by law incapable of sitting as a Senator or member of the House of Representatives shall, while so disqualified and knowing or having reasonable grounds for knowing that he is so disqualified, sit or vote as a member of the Senate or the House of Representatives, he shall be liable to a penalty of five hundred dollars for each day on which he shall so sit or vote, to be recovered on behalf of the Consolidated Revenue Fund by action of the Supreme Court.
+
(2)
-
===<center>Part V: General Powers and Procedure</center>===
 
-
'''1.''' (1) Parliament shall be the sovereign legislative power in and over Ledgersia.
 
-
(2) Parliament shall have power-
+
 
-
<br>(i) to lay and collect taxes, duties, imposts, and excises for revenue, necessary to pay the debts, provide for the common defense, and carry on the Government of Ledgersia; but no bounties shall be granted from the Consolidated Revenue Fund; nor shall any duties or taxes on importations from foreign nations be laid to promote or foster any branch of industry; and all duties, imposts, and excises shall be uniform throughout Ledgersia; and all taxes shall be collected in gold and silver;
+
-
<br>(ii) to borrow money on the public credit of Ledgersia;
+
-
<br>(iii) to regulate trade and commerce with foreign nations; but neither this, nor any other clause contained in the Constitution, shall ever be construed to delegate the power to Parliament to appropriate money for any internal improvement intended to facilitate commerce;
+
-
<br>(iv) to coin money and regulate the value thereof; but Parliament may not make anything but gold and silver coin a tender in payment of debts; and all appropriations of public monies shall be made in gold or silver;
+
-
<br>(v) to provide for the punishment of counterfeiting the securities and current coin of Ledgersia;
+
-
<br>(vi) to establish uniform laws on naturalization throughout Ledgersia;
+
-
<br>(vii) to establish uniform laws on bankruptcy and insolvency throughout Ledgersia;
+
-
<br>(viii) to constitute federal courts inferior to the Supreme Court;
+
-
<br>(ix) to define and punish piracies and felonies committed on the high seas, and offenses against the law of nations;
+
-
<br>(x) to raise and support an army, an air force, or an army and an air force, but only in time of war; and no appropriation of money to that use shall be permitted after the cessation of a time of war;
+
-
<br>(xi) to declare war and to make peace;
+
-
<br>(xii) to grant letters of marque and reprisal and make rules concerning captures on land, water, and in the air;
+
-
<br>(xiii) to provide and maintain a navy;
+
-
<br>(xiv) to make rules for the government and regulation of the armed forces;
+
-
<br>(xv) to provide for calling forth the militia to suppress insurrections and repel invasion;
+
-
<br>(xvi) to provide for organizing, arming, and disciplining the militia, and for governing such part of them as may be employed in the service of Ledgersia; reserving to the States, respectively, the appointment of the officers, and the authority of training the militia according to the discipline prescribed by Parliament; and
+
-
<br>(xvii) to acquire property on just terms from any State or person for any purpose in respect of which Parliament has power to make laws.
+
-
(3) Parliament shall, subject to this Constitution, have exclusive power to make laws with respect to:
 
-
<br>(i) the seat of Government of Ledgersia, and all places acquired by Ledgersia for public purposes;
 
-
<br>(ii) matters relating to any department of the public service the control of which is by this Constitution transferred to the executive government of the Republic;
 
-
<br>(iii) other matters declared by this Constitution to be within the exclusive power of Parliament.
 
-
'''2.''' Subject to the provisions of this Constitution, the Senate and the House of Representatives may, jointly or severally as may be appropriate, make Standing Orders with respect to-
+
The legislative power of _____ shall be vested in the Legislature which shall consist of the President and Congress.
-
<br>(a) the passing, instituting, and numbering of Bills;
+
-
<br>(b) the notification to the President of any vacancy in the membership of the Senate or the House of Representatives; and
+
-
<br>(c) any manner in connection with which Standing Orders may be made in terms of this Constitution;
+
-
and, generally, with respect to the regulation and orderly conduct of proceedings and business in and between the Senate and the House of Representatives.
+
'''32.''' The Congress of _____ shall consist of a Senate and a House of Representatives.
-
'''3.''' Subject to the other provisions of this Constitution, a law of the Legislature may make provision to determine and regulate the privileges, immunities, and powers of the Senate, the House of Representatives, and the members thereof.
 
-
'''4.''' (1) There shall be a Secretary to Parliament appointed by the Speaker after consulting the President of the Senate and subject to the approval of the House of Representatives.
 
-
(2) A person appointed as the Secretary to Parliament shall not be removable from office except in pursuance of a resolution by the House of Representatives.
+
'''33.''' Any question proposed for decision by the House of Representatives or by the Senate shall be decided by a majority of the votes of the members present and voting, unless this Constitution or any other Act of the Legislature otherwise provides.
-
(3) The salary of the Secretary to Parliament shall not be reduced during his continuance in office.
+
'''34.'''
-
(4) Subject to any wishes which may be expressed from time to time by the House of Representatives, the Speaker shall, after consulting the President of the Senate, appoint such number of other staff of Parliament as the Speaker may from time to time consider necessary.
 
-
(5) The staff of Parliament shall be appointed on terms of service approved from time to time by the House of Representatives and shall be deemed to be public officers but shall not form part of the civil service of the Government of Ledgersia.
 
-
'''5.''' (1) The President may at any time-
 
-
<br>(a) attend and address the Senate or the House of Representatives; or
 
-
<br>(b) call a joint meeting of the Senate and the House of Representatives and attend and address such joint meeting.
 
-
(2) The President may send messages to the Senate or the House of Representatives and any such message shall be read by a Minister designated by the President at the first convenient sitting of the the Senate or the House of Representatives, as the case may be, after it is received.
 
-
(3) When acting in terms of subsection (1) or (2) the President shall have regard to such constitutional conventions and practices referred to in subsection (2) of section eleven, if any, as are relevant or appropriate in the circumstances.
+
<center>PART II<br>THE SENATE</center>
-
(4) The Senate and the House of Representatives may, either jointly or severally, pursuant to a resolution, invite any person to address the Senate or the Representatives or, as the case may be, a joint meeting of the Senate and the House of Representatives.
+
'''33.''' (1) The Senate shall consist of ten members from each province referred to in section _____, to be elected from amongst their members by the Provincial Councils for such province.
-
===<center>Part VI: Procedure in Regard to Bills</center>===
+
(2) The election of senators shall take place according to the principle of proportional representation, each voter having one transferable vote.
 +
'''34.''' The qualification of a senator shall be the same as those of a member of the House of Representatives.
 +
'''35.''' (1) Members of the Senate shall hold their seats for five years from the date of their election and shall be eligible for re-election.
-
[[Category:Nations]]
+
(2) If the seat of a senator becomes vacant, an election for a successor to occupy the vacant seat until the expiry of the predecessor's term of office shall be held, except in the instance where such vacancy arises less than six months before the expiry of the term of the Senate, in which instance such vacancy need not be filled.
 +
 
 +
'''36.''' (1) The Senate shall, before proceeding to the dispatch of any other business, elect from its members a Chairman and a Vice-Chairman. The Chairman, or in his absence the Vice-Chairman, shall preside over sessions of the Senate. Should neither the Chairman nor the Vice-Chairman be present at any session, the Senate shall elect from amongst its members a person to act as Chairman in their absence during that session.
 +
 
 +
(2) The Chairman or the Vice-Chairman, as the case may be, shall cease to hold office if he ceases to be a senator and he may be removed from office by a vote of the Senate, or he may resign his office either by announcing his resignation in person to the Senate or by notice in writing to the Secretary to Congress.
 +
 
 +
'''37.''' The presence of a majority of the members of the Senate shall be necessary to constitute a meeting of the Senate for the exercise of its powers and the performance of its functions.
 +
 
 +
'''38.''' All questions in the Senate shall be determined by a majority of the votes cast by members present other than the Chairman, or in his absence the Vice-Chairman or the member presiding at that session, who shall, however, have and may exercise a casting vote in the case of an equality of votes.
 +
 
 +
<center>PART III<br>THE HOUSE OF REPRESENTATIVES</center>
 +
 
 +
'''39.''' (1) The House of Representatives shall be composed of members who represent constituencies determined by law.
 +
 
 +
(2) The number of members shall from time to time be fixed by law, but the total number of members of the House of Representatives shall not be fixed at less than one member for each thirty thousand of the population, or at more than one member for each twenty thousand of the population.
 +
 
 +
(3) The ratio between the number of members to be elected at any time for each constituency and the population of each constituency, as ascertained at the last preceding census, shall, so far as it is practicable, be the same throughout the country.
 +
 
 +
(4) Congress shall revise the constituencies at least once in every ten years, with due regard to changes in distribution of the population, but any alterations in the constituencies shall not take effect during the life of the House of Representatives sitting when such revision is made.
 +
 
 +
(5) The members shall be elected on the system of proportional representation by means of the single transferable vote.
 +
 
 +
(6) No law shall be enacted whereby the number of members to be returned for any constituency shall be less than three.
 +
 
 +
'''40.''' At any general election of members of the House of Representatives, all polls shall be take on one and the same day in all the constituencies throughout the Republic, such day to be appointed by the President.
 +
 
 +
'''41.''' No person shall be qualified to be a member of the House of Representatives, unless he —
 +
<br>(''a'') is at least twenty-one years of age;
 +
<br>(''b'') is an elector entitled to vote at the election of members of the House of Representatives, or a person qualified to become such elector;
 +
<br>(''c'') has resided for five years within the limits of the Republic;
 +
<br>(''d'') is a _____ citizen.
 +
 
 +
'''42.''' Every House of Representatives shall continue for five years from the first meeting thereof, and no longer, but may at any time be dissolved by the President by proclamation in the ''Gazette''.
 +
 
 +
'''43.''' (1) The House of Representatives shall, before proceeding to the dispatch of any other business, elect from its members a Speaker and a Deputy-Speaker. The Speaker, or in his absence the Deputy-Speaker, shall preside over sessions of the House of Representatives. Should neither the Speaker nor the Deputy-Speaker be present at any session, the House of Representatives shall elect from amongst its members a person to act as Speaker in their absence during that session.
 +
 
 +
(2) The Speaker or the Deputy-Speaker, as the case may be, shall cease to hold office if he ceases to be a member of the House of Representatives and he may be removed from office by a vote of the House, or he may resign his office either by announcing his resignation in person to the House or by notice in writing to the Secretary to Congress.
 +
 
 +
'''44.''' The presence of a majority of the members of the House of Representatives shall be necessary to constitute a meeting of the House for the exercise of its powers and the performance of its functions.
 +
 
 +
'''45.''' All questions in the House of Representatives shall be determined by a majority of the votes cast by members present other than the Speaker, or in his absence the Deputy-Speaker or the member presiding at that session, who shall, however, have and may exercise a casting vote in the case of an equality of votes.
 +
 
 +
<center>PART IV<br>SENATE AND HOUSE OF REPRESENTATIVES</center>
 +
 
 +
'''Section.''' (1) There shall be charged upon and paid out of the Consolidated Revenue Fund
 +
 
 +
 
 +
 
 +
 
 +
 
 +
 
 +
 
 +
 
 +
 
 +
 
 +
 
 +
'''39.''' (1) Every Parliament shall continue for five years from the day on which its first session commences.
 +
 
 +
(2) The President —
 +
<br>(''a'') may dissolve Parliament by proclamation in the ''Gazette'' at any time; and
 +
<br>(''b'') shall so dissolve Parliament, unless he resigns from office, if each House, during one and the same ordinary session of Parliament —
 +
<br>(i) passes a motion of no confidence in the Cabinet within any period of 14 days; or
 +
<br>(ii) rejects any bill which appropriates revenue or moneys for the ordinary annual requirements or services of the departments of State controlled by members of the Cabinet.
 +
 
 +
(3) Subject to the provisions of subsection (2) —
 +
<br>(''a'') the President may dissolve any House by proclamation in the ''Gazette'' if —
 +
<br>(i) such House passes a motion of no confidence in the Cabinet; or
 +
<br>(ii) such House rejects any bill referred to in subsection (2) (b) (ii); or
 +
<br>(iii) any circumstance contemplated in section 37 (2) applies to such House; or
 +
<br>(iv) the Ministers' Council in question requests him to do so;
 +
<br>(''b'') the President shall so dissolve any House or reconstitute the Ministers' Council in question if —
 +
<br>(i) such House passes a motion of no confidence in the Ministers' Council in question; or
 +
<br>(ii) such House rejects any bill referred to in section 31 which appropriates revenue or moneys for the ordinary annual requirements or services of the departments of State controlled by members of the Ministers' Council in question.
 +
 
 +
'''40.''' Notwithstanding the dissolution of any House in terms of this Act, whether by a dissolution of Parliament or otherwise and whether by effluxion of time or otherwise —
 +
<br>(''a'') every person who at the date of the dissolution is a member of such House shall remain a member thereof;
 +
<br>(''b'') such House shall remain competent to perform its functions; and
 +
<br>(''c'') the President shall have power to summon Parliament or the House in question for the dispatch of business during the period following such dissolution up to and including the day immediately preceding the polling day for the election held in pursuance of such dissolution, in the same manner in all respects as if the dissolution had not occurred.
 +
 
 +
 
 +
 
 +
 
 +
(1) There shall be a Leader of the Opposition, who shall be elected by the largest parliamentary party or coalition of parliamentary parties in Parliament not forming the Government.
 +
 
 +
(2) In relation to the conduct of business in Parliament, the Leader of the Opposition shall —
 +
<br>(''a'') rank in precedence immediately following the President, the Deputy President, the Prime Minister and the Speaker;
 +
<br>(''b'') have the right of participation at all official state functions; and
 +
<br>(''c'') have the right of second reply, after the Prime Minister, to an address to Parliament by the President.
 +
 
 +
(3) The Standing Orders of Parliament shall provide for the effective participation in Parliament of the Leader of the Opposition.
 +
 
 +
 
 +
 
 +
102.
 +
 
 +
A quorum of Parliament, apart from the person presiding, shall be one-third of all the members of Parliament.
 +
 
 +
103.
 +
 
 +
(1) Parliament shall appoint standing committees and other committees as may be necessary for the effective discharge of its functions.
 +
 
 +
(2) The standing committees shall be appointed at the first meeting of Parliament after the election of the Speaker and the Deputy Speakers.
 +
 
 +
(3) Committees of Parliament shall be charged with such functions, including the investigation and inquiry into the activities and administration of ministries and departments as parliament may determine; and such investigation and inquiries may extend to proposals for legislation.
 +
 
 +
(4) Every member of Parliament shall be a member of at least one of the standing committees.
 +
 
 +
(5) The composition of the committees shall, as much as possible, reflect the different shades of opinion in Parliament.
 +
 
 +
(6) A committee appointed under this article shall have the powers, rights and privileges of the High Court or a Justice of the High Court at a trial for -
 +
 
 +
(a) enforcing the attendance of witnesses and examining them on oath, affirmation or otherwise;
 +
 
 +
(b) compelling the production of documents; and
 +
 
 +
(c) issuing a commission or request to examine witnesses abroad.
 +
 
 +
==hmm==
 +
'''Section.''' (1) There shall be charged upon and paid out of the Consolidated Revenue Fund to the Chairman of the Senate and to the Speaker such salaries as may from time to time be prescribed by a law of the Legislature and such allowances as may be prescribed by or under any such law.
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(2) The salary of the Chairman of the Senate or of the Speaker shall not be reduced during his continuance in office.
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(3) A person who was the Chairman of the Senate or the Speaker immediately before a dissolution of Congress
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==Right of secession==
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1. Every State shall have the right to secede from the Federation in accordance with the conditions hereinafter prescribed.
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2. (1) Any State wishing to exercise the right of secession shall have a resolution to that effect passed by its Legislative Assembly. No such resolution shall be deemed to have been passed unless not less than two-thirds of the total number of members of the Legislative Assembly concerned have voted in its favor.
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(2) The Governor of the State concerned shall notify the President of any such resolution passed by the Legislative Assembly and shall send him a copy of such resolution certified by the Speaker of the Legislative Assembly by which it was passed.
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3. The President shall thereupon order a plebiscite to be taken for the purpose of ascertaining the will of the people of the State concerned.
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4. The President shall appoint a Plebiscite Commission consisting an equal number of members representing the Federation and the State concerned in order to supervise the plebiscite.

Current revision as of 10:47, 15 June 2012

Final Constitution
Revised Constitution of Ledgersia
Constitution of possible new country


President: Clifford Barton
Vice-President: Edwin T. Roberts
Prime Minister
Minister of Citizenship and Immigration
Minister of Defense
Minister of Finance
Minister of Foreign Affairs and International Cooperation
Minister of Infrastructure
Minister of Intergovernmental Affairs
Minister of Justice and Law and Order
Minister of Natural Resources
Minister of Public Works and Government Services
Minister of Trade
Minister of Transport and Communications
Minister of Veterans Affairs
Attorney-General
Chief Government Whip


Contents

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CHAPTER II

EXECUTIVE GOVERNMENT

11. The executive government of the Republic in regard to any aspect of its internal or external affairs is vested in the President and shall be exercised by him, either directly or through officers subordinate to him, in accordance with the Constitution.

12. The President, in his capacity as commander-in-chief of the defense forces of _____, may, subject to such conditions as may be prescribed by or under any law —
(a) mobilize and call out the defense forces or any part thereof for operational purposes or otherwise for the maintenance of law and order, the preservation of the peace, the protection of life, health or property or the provision or continuance of essential services; and
(b) confer commissioned ranks in the defense forces on any person serving or qualified to serve therein and give to such person a commission under his hand.

13. (1) The President shall in addition to the other provisions of this Constitution, further have power —
(a) to appoint and to accredit, to receive and to recognize, ambassadors, plenipotentiaries, diplomatic representatives and other diplomatic officers, consuls and consular officers;
(b) to enter into and to ratify international conventions, treaties and agreements;
(c) to proclaim and to terminate martial law;
(d) to declare war and to make peace; and
(e) to confer honors and precedence.

(2) Subject to the provisions of this Constitution and other law by which powers or duties are conferred or imposed, the President shall do and exercise all things that belong to his office according to such constitutional conventions and practices as were applicable in _____ immediately before the appointed day.

14. There shall be in and for _____ a Cabinet, which shall consist of the Prime Minister and such other Ministers as may be appointed in accordance with section seventeen.

15. (1) Except as provided by this Constitution, the President shall, in the exercise of his functions under this Constitution or any other written law, act in accordance with the advice of the Cabinet or of a Minister acting under the general authority of the Cabinet:

Provided that the President may require the Cabinet or as the case may be, the Prime Minister to reconsider such advice, either generally or otherwise, and the President shall act in accordance with the advice tendered after such reconsideration.

(2) The President may act in his discretion in the performance of the following functions —
(a) the appointment of the Prime Minister in accordance with section seventeen;
(b) the withholding of consent to a request for a dissolution of Parliament;
(c) the withholding of assent to any Bill other than a Money Bill;
(d) any other function the performance of which the President is authorized by this Constitution to act in his discretion.

(3) The Legislature may by law make provision to require the President to act after consultation with, or on the recommendation of, any person or body of persons other than the Cabinet in the exercise of his functions other than —
(a) functions exercisable in his discretion; and
(b) functions with respect to the exercise of which provision is made in any other provision of this Constitution.

(4) Where the President is required to act in accordance with his own discretion or the advice of any specified person or authority, a court shall not, in any case, inquire into any of the following questions or matters —
(a) on whose advice the President acted;
(b) whether any advice was tendered or acted on;
(c) the nature of any advice tendered;
(d) the manner in which the President has exercised his discretion as referred to in the provisos to sub-section (1).

16. (1) There shall be a Public Seal of _____, showing the coat of arms of the Republic with the circumscription “Republic of _____”.

(2) The Public Seal shall be kept by the President and used for sealing all things whatsoever that shall pass the Public Seal of _____.

17. (1) The President shall appoint as Prime Minister a member of Parliament who in his judgment is likely to command the confidence of the majority of the members of the House of Representatives, and shall, acting in accordance with the advice of the Prime Minister, appoint other Ministers from among the members of Parliament:

Provided that, if an appointment is made while Parliament is dissolved, a person who was a member of the last Parliament may be appointed but shall not continue to hold office after the first sitting of the next Parliament unless he is a member thereof.

(2) Appointments under this section shall be made by the President by instrument under the Public Seal.

18. (1) The President shall, by writing under the public seal, declare the office of Prime Minister vacant —
(a) if the Prime Minister resigns his office by writing under his hand addressed to the President; or
(b) if the President, acting in his discretion, is satisfied that the Prime Minister has ceased to command the confidence of a majority of the members of the House of Representatives:

Provided that, before declaring the office of Prime Minister vacant under this paragraph, the President shall inform the Prime Minister that he is satisfied as aforesaid, and, if the Prime Minister so requests, the President may dissolve the House of Representatives instead of making such a declaration.

(2) A Minister, other than the Prime Minister, shall vacate his office —
(a) if his appointment to that office is revoked by the President, acting in accordance with the advice of the Prime Minister, by instrument under the Public Seal; or
(b) if he resigns his office by writing under his hand addressed to the President.

(3) A person who has vacated his office as Minister may, if qualified, be again appointed as Minister from time to time.

(4) (a) Whenever the Prime Minister is ill or absent from _____ or has been granted leave of absence from his duties under section _____, the functions conferred on him by this Constitution shall be exercisable by any other Minister authorized by the President, by instrument under the Public Seal, in that behalf.
(b) The President may, by instrument under the Public Seal, revoke any authority given under this clause.
(c) The powers conferred upon the President by this clause shall be exercised by him acting in his discretion, if in his opinion it is impracticable to obtain the advice of the Prime Minister owing to the Prime Minister's illness or absence, and in any other case shall be exercised by the President in accordance with the advice of the Prime Minister.

19. The Prime Minister and every other Minister shall before assuming the duties of his office make and subscribe before the President or a person designated by him for the purpose, an oath in such form as the President may determine.

20. (1) The Cabinet shall not be summoned except by the authority of the Prime Minister.

(2) The Prime Minister shall, so far as is practicable, attend and preside at meetings of the Cabinet and, in his absence, such other Minister shall preside as the Prime Minister shall appoint.

21. (1) The Prime Minister may, by directions in writing —
(a) charge any Minister with responsibility for any department or subject; and
(b) revoke or vary any directions given under this clause.

(2) The Prime Minister may retain in his charge any department or subject.

22. It shall be the duty of the Prime Minister —
(a) to communicate to the President all decisions of the Cabinet relating to the administration of the affairs of the Republic and proposals for legislation;
(b) to furnish such information relating to the administration of the affairs of the Republic and proposals for legislation as the President may call for; and
(c) if the President so requires, to submit for the consideration of the Cabinet any matter on which a decision has been taken by the Prime Minister or a Minister but which has not been considered by the Cabinet.

23. The President, acting in accordance with the advice of the Prime Minister, may grant leave of absence from his duties to the Prime Minister and to any other Minister.

24. A member of the Cabinet shall not hold any office of profit and shall not actively engage in any commercial enterprise.

25. (1) The President, acting in accordance with the advice of the Prime Minister, may appoint a public officer to be the Secretary to the Cabinet.

(2) The Secretary to the Cabinet shall be responsible, in accordance with such instructions as may be given to him by the Prime Minister, for arranging the business for, and keeping the minutes of, the meetings of the Cabinet and for conveying the decisions of the Cabinet to the appropriate person or authority and shall have such other functions as the Prime Minister may from time to time direct.

26. The President, acting on the advice of the Prime Minister, may constitute such offices for _____ as may be lawfully constituted and, subject to the provisions of this Constitution and of any other law, the President may —
(a) make appointments, to be held during pleasure, to any office so constituted; and
(b) dismiss any person so appointed or take such other disciplinary action in relation to him as the President may think fit.

27. The President may —
(a) grant to any person convicted of any offense a pardon, either free or subject to lawful conditions;
(b) grant to any person a respite, either indefinite or for a specified period, of the execution of any punishment imposed on that person for any offense;
(c) substitute a less severe form of punishment for any punishment imposed on any person for any offense; and
(d) remit the whole or part of any punishment imposed on any person for any offence or of any penalty or forfeiture otherwise due to the Government on account of any offense.

28. (1) If, at any time, the President, in his discretion, or on the advice of the Prime Minister, considers that it is desirable that any matter of national importance should be referred to a referendum, the President may cause the matter to be referred to a referendum in the form of a question that is capable of being answered either by “Yes” or “No”.

(2) An act of the Legislature may lay down the procedure for the holding of a referendum and the compiling and consolidation of the result of a referendum.

29. (1) The President may, at any time, by proclamation published in the Gazette, declare that —
(a) a state of public emergency exists; or
(b) a situation exists which, if it is allowed to continue, may lead to a state of public emergency.

(2) A declaration in terms of subsection (1), if not sooner revoked, shall cease to have effect:
(a) in the case of a declaration made when the House of Representatives is meeting for the transaction of business, at the expiration of a period of seven days beginning with the day of the publication of the proclamation in the Gazette;
(b) in any other case, at the expiration of a period of thirty days beginning with the day of the publication of the proclamation in the Gazette;
unless, before the expiration of that period, the decision is approved by a resolution passed by the House of Representatives:

Provided that, if Parliament is dissolved during the period of thirty days referred to in paragraph (b), the declaration, unless sooner revoked, shall cease to have effect at the expiration of a period of sixty days beginning with the day of the publication of the proclamation in the Gazette unless, before the expiration of that period, the declaration is approved by a resolution passed by the House of Representatives.

(3) Where a declaration in terms of subsection (1):
(a) is not approved by a resolution passed by the House of Representatives in pursuance of the provisions of subsection (2), the President shall forthwith after the Parliament has considered the resolution and failed to approve it or, if the House of Representatives has not considered the resolution, on the expiration of the appropriate period specified in subsection (2), by proclamation published in the Gazette, revoke such declaration;
(b) is approved by a resolution passed by the House of Representatives in pursuance of the provisions of subsection (2), such declaration shall, subject to the provisions of subsections (4) and (5), continue in force for a period of twelve months beginning with the day of the publication of the proclamation in the Gazette:

Provided that, where the House of Representatives has in the resolution in pursuance of the provisions of subsection (2) specified that such declaration shall continue in force for a period of less than twelve months, the President shall, by proclamation published in the Gazette, declare that the declaration shall, subject to the provisions of subsection (4), be revoked at the expiration of the period specified in the resolution.

(4) If the House of Representatives resolves that it considers it expedient that a declaration in force in terms of this section should be continued in force for a further period not exceeding twelve months, the President shall forthwith, by proclamation published in the Gazette, extend such declaration for such further period as may be so resolved.

(5) The House of Representatives may at any time resolve that a declaration in force under this section should be revoked and the President shall forthwith, by proclamation published in the Gazette, revoke such declaration.

(6) A declaration in terms of this section may be continued in force in terms of this section notwithstanding that such declaration has previously been continued in force in terms of this section.

(7) For the purposes of this section the House of Representatives shall be regarded as meeting for the transaction of business during a period —
(a) beginning on the day the House of Representatives first meets after a prorogation or an adjournment in pursuance of the passing of a resolution such as is referred to in paragraph (b) and;
(b) ending on the day the House of Representatives next adjourns in pursuance of a resolution the purpose of which is that the House of Representatives shall stand adjourned for more than thirty days or on the day the House of Representatives is dissolved or prorogued, whichever is the sooner.

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CHAPTER III

PART I

31. (1) All legislative powers of the Republic shall be vested in Parliament which shall have the powers and responsibilities set out in this Constitution.

(2) An Act of Parliament shall have primacy over other forms of law, but shall be subject to the Constitution.

(3) Any question proposed for decision by the House of Representatives or by the Senate shall be decided by a majority of the votes of the members present and voting, unless this Constitution or any other Act of Parliament otherwise provides.

32. (1) For the purposes of this Constitution, unless otherwise provided, “Parliament” consists of the House of Representatives, the Senate and the President as Head of State.

(2) Unless otherwise provided in this Constitution, an “Act of Parliament” shall be a Bill which has —
(i) been laid before and passed by a majority of the House of Representatives;
(ii) been laid before and passed by a majority of the Senate; and
(iii) been assented to by the President in accordance with this Chapter.

(3) “Chamber” means either the Chamber of the National Assembly or of the Senate.

PART II
THE HOUSE OF REPRESENTATIVES

33. The House of Representatives shall be composed of members who represent constituencies determined by law.

(2) The number of members shall from time to time be fixed by law, but the total number of members of the House of Representatives shall not be fixed at less than one member for each thirty thousand of the population, or at more than one member for each twenty thousand of the population.

(3) The ratio between the number of members to be elected at any time for each constituency and the population of each constituency, as ascertained at the last preceding census, shall, so far as it is practicable, be the same throughout the country.

(4) Parliament shall revise the constituencies at least once in every ten years, with due regard to changes in distribution of the population, but any alterations in the constituencies shall not take effect during the life of the House of Representatives sitting when such revision is made.

(5) The members shall be elected on the system of proportional representation by means of the single transferable vote.

(6) No law shall be enacted whereby the number of members to be returned for any constituency shall be less than three.

34. No person shall be qualified to be a member of the House of Representatives, unless he —
(a) is at least twenty-one years of age;
(b) is an elector entitled to vote at the election of members of the House of Representatives, or a person qualified to become such elector;
(c) has resided for five years within the limits of the Republic;
(d) is a _____ citizen.

35. (1) The House of Representatives shall, before proceeding to the dispatch of any other business, elect from its members a Speaker and a Deputy-Speaker. The Speaker, or in his absence the Deputy-Speaker, shall preside over sessions of the House of Representatives. Should neither the Speaker nor the Deputy-Speaker be present at any session, the House of Representatives shall elect from amongst its members a person to act as Speaker in their absence during that session.

(2) The Speaker or the Deputy-Speaker, as the case may be, shall cease to hold office if he ceases to be a member of the House of Representatives and he may be removed from office by a vote of the House, or he may resign his office either by announcing his resignation in person to the House or by notice in writing to the Secretary to Parliament.

36. (1) The House of Representatives shall be a directly elected Chamber the primary purpose of which shall be legislative and which shall have power, subject to this Constitution, to —
(a) receive, amend, accept or reject Government Bills and Private Bills;
(b) initiate Private Member's Bills on the motion of any member and amend, accept or reject all Private Member's Bills;
(c) receive, amend, accept or reject any Bills remitted from the Senate;
(d) debate and vote motions in relation to any matter including motions to indict and convict the President by impeachment;
(e) exercise such other functions and powers as are conferred on it by this Constitution; and
(f) take all actions incidental to and necessary for the proper exercise of its functions.

(2) For the purposes of this Constitution —
(a) a Government Bill shall be a Bill promulgated by the Government and introduced to Parliament on behalf of the Government;
(b) a Private Bill shall be —
(i) promulgated by an agency that is not part of the Government; and
(ii) introduced to Parliament on behalf of that agency where that agency is mandated by an Act of Parliament so to do;
(c) a Private Member's Bill shall be —
(i) promulgated by a member of Parliament; and
(ii) introduced by that member in the Chamber of which he is a member in accordance with the procedure of that Chamber.

PART III
THE SENATE

37. (1) The Senate shall consist of ten members from each province referred to in section _____, to be elected from amongst their members by the Provincial Councils for such province.

(2) The election of senators shall take place according to the principle of proportional representation, each voter having one transferable vote.


The Senate shall be an indirectly elected Chamber the primary purpose of which shall be deliberative and which shall have power, subject to this Constitution, to —
(a) receive, scrutinize and amend Bills from the House of Representatives;
(b) vote motions to confirm or remit Bills passed by the House of Representatives;
(c) debate any issue on its own motion, initiate Private Member's Bills and vote motions in respect of any matter, including motions to indict or convict the President by impeachment;
(d) exercise such other functions and powers as are conferred on it by this Constitution;
(e) carry out such other functions as may be delegated to it by an Act of Parliament; and
(f) take all actions incidental to and necessary for the proper exercise of its functions.









33. (1) The quorum of each Chamber shall be formed by the presence at the beginning of any sitting of at least two-thirds of the members of that Chamber entitled to vote, not including the Speaker or a presiding member.

(2)



The legislative power of _____ shall be vested in the Legislature which shall consist of the President and Congress.

32. The Congress of _____ shall consist of a Senate and a House of Representatives.


33. Any question proposed for decision by the House of Representatives or by the Senate shall be decided by a majority of the votes of the members present and voting, unless this Constitution or any other Act of the Legislature otherwise provides.

34.



PART II
THE SENATE

33. (1) The Senate shall consist of ten members from each province referred to in section _____, to be elected from amongst their members by the Provincial Councils for such province.

(2) The election of senators shall take place according to the principle of proportional representation, each voter having one transferable vote.

34. The qualification of a senator shall be the same as those of a member of the House of Representatives.

35. (1) Members of the Senate shall hold their seats for five years from the date of their election and shall be eligible for re-election.

(2) If the seat of a senator becomes vacant, an election for a successor to occupy the vacant seat until the expiry of the predecessor's term of office shall be held, except in the instance where such vacancy arises less than six months before the expiry of the term of the Senate, in which instance such vacancy need not be filled.

36. (1) The Senate shall, before proceeding to the dispatch of any other business, elect from its members a Chairman and a Vice-Chairman. The Chairman, or in his absence the Vice-Chairman, shall preside over sessions of the Senate. Should neither the Chairman nor the Vice-Chairman be present at any session, the Senate shall elect from amongst its members a person to act as Chairman in their absence during that session.

(2) The Chairman or the Vice-Chairman, as the case may be, shall cease to hold office if he ceases to be a senator and he may be removed from office by a vote of the Senate, or he may resign his office either by announcing his resignation in person to the Senate or by notice in writing to the Secretary to Congress.

37. The presence of a majority of the members of the Senate shall be necessary to constitute a meeting of the Senate for the exercise of its powers and the performance of its functions.

38. All questions in the Senate shall be determined by a majority of the votes cast by members present other than the Chairman, or in his absence the Vice-Chairman or the member presiding at that session, who shall, however, have and may exercise a casting vote in the case of an equality of votes.

PART III
THE HOUSE OF REPRESENTATIVES

39. (1) The House of Representatives shall be composed of members who represent constituencies determined by law.

(2) The number of members shall from time to time be fixed by law, but the total number of members of the House of Representatives shall not be fixed at less than one member for each thirty thousand of the population, or at more than one member for each twenty thousand of the population.

(3) The ratio between the number of members to be elected at any time for each constituency and the population of each constituency, as ascertained at the last preceding census, shall, so far as it is practicable, be the same throughout the country.

(4) Congress shall revise the constituencies at least once in every ten years, with due regard to changes in distribution of the population, but any alterations in the constituencies shall not take effect during the life of the House of Representatives sitting when such revision is made.

(5) The members shall be elected on the system of proportional representation by means of the single transferable vote.

(6) No law shall be enacted whereby the number of members to be returned for any constituency shall be less than three.

40. At any general election of members of the House of Representatives, all polls shall be take on one and the same day in all the constituencies throughout the Republic, such day to be appointed by the President.

41. No person shall be qualified to be a member of the House of Representatives, unless he —
(a) is at least twenty-one years of age;
(b) is an elector entitled to vote at the election of members of the House of Representatives, or a person qualified to become such elector;
(c) has resided for five years within the limits of the Republic;
(d) is a _____ citizen.

42. Every House of Representatives shall continue for five years from the first meeting thereof, and no longer, but may at any time be dissolved by the President by proclamation in the Gazette.

43. (1) The House of Representatives shall, before proceeding to the dispatch of any other business, elect from its members a Speaker and a Deputy-Speaker. The Speaker, or in his absence the Deputy-Speaker, shall preside over sessions of the House of Representatives. Should neither the Speaker nor the Deputy-Speaker be present at any session, the House of Representatives shall elect from amongst its members a person to act as Speaker in their absence during that session.

(2) The Speaker or the Deputy-Speaker, as the case may be, shall cease to hold office if he ceases to be a member of the House of Representatives and he may be removed from office by a vote of the House, or he may resign his office either by announcing his resignation in person to the House or by notice in writing to the Secretary to Congress.

44. The presence of a majority of the members of the House of Representatives shall be necessary to constitute a meeting of the House for the exercise of its powers and the performance of its functions.

45. All questions in the House of Representatives shall be determined by a majority of the votes cast by members present other than the Speaker, or in his absence the Deputy-Speaker or the member presiding at that session, who shall, however, have and may exercise a casting vote in the case of an equality of votes.

PART IV
SENATE AND HOUSE OF REPRESENTATIVES

Section. (1) There shall be charged upon and paid out of the Consolidated Revenue Fund






39. (1) Every Parliament shall continue for five years from the day on which its first session commences.

(2) The President —
(a) may dissolve Parliament by proclamation in the Gazette at any time; and
(b) shall so dissolve Parliament, unless he resigns from office, if each House, during one and the same ordinary session of Parliament —
(i) passes a motion of no confidence in the Cabinet within any period of 14 days; or
(ii) rejects any bill which appropriates revenue or moneys for the ordinary annual requirements or services of the departments of State controlled by members of the Cabinet.

(3) Subject to the provisions of subsection (2) —
(a) the President may dissolve any House by proclamation in the Gazette if —
(i) such House passes a motion of no confidence in the Cabinet; or
(ii) such House rejects any bill referred to in subsection (2) (b) (ii); or
(iii) any circumstance contemplated in section 37 (2) applies to such House; or
(iv) the Ministers' Council in question requests him to do so;
(b) the President shall so dissolve any House or reconstitute the Ministers' Council in question if —
(i) such House passes a motion of no confidence in the Ministers' Council in question; or
(ii) such House rejects any bill referred to in section 31 which appropriates revenue or moneys for the ordinary annual requirements or services of the departments of State controlled by members of the Ministers' Council in question.

40. Notwithstanding the dissolution of any House in terms of this Act, whether by a dissolution of Parliament or otherwise and whether by effluxion of time or otherwise —
(a) every person who at the date of the dissolution is a member of such House shall remain a member thereof;
(b) such House shall remain competent to perform its functions; and
(c) the President shall have power to summon Parliament or the House in question for the dispatch of business during the period following such dissolution up to and including the day immediately preceding the polling day for the election held in pursuance of such dissolution, in the same manner in all respects as if the dissolution had not occurred.



(1) There shall be a Leader of the Opposition, who shall be elected by the largest parliamentary party or coalition of parliamentary parties in Parliament not forming the Government.

(2) In relation to the conduct of business in Parliament, the Leader of the Opposition shall —
(a) rank in precedence immediately following the President, the Deputy President, the Prime Minister and the Speaker;
(b) have the right of participation at all official state functions; and
(c) have the right of second reply, after the Prime Minister, to an address to Parliament by the President.

(3) The Standing Orders of Parliament shall provide for the effective participation in Parliament of the Leader of the Opposition.


102.

A quorum of Parliament, apart from the person presiding, shall be one-third of all the members of Parliament.

103.

(1) Parliament shall appoint standing committees and other committees as may be necessary for the effective discharge of its functions.

(2) The standing committees shall be appointed at the first meeting of Parliament after the election of the Speaker and the Deputy Speakers.

(3) Committees of Parliament shall be charged with such functions, including the investigation and inquiry into the activities and administration of ministries and departments as parliament may determine; and such investigation and inquiries may extend to proposals for legislation.

(4) Every member of Parliament shall be a member of at least one of the standing committees.

(5) The composition of the committees shall, as much as possible, reflect the different shades of opinion in Parliament.

(6) A committee appointed under this article shall have the powers, rights and privileges of the High Court or a Justice of the High Court at a trial for -

(a) enforcing the attendance of witnesses and examining them on oath, affirmation or otherwise;

(b) compelling the production of documents; and

(c) issuing a commission or request to examine witnesses abroad.

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Section. (1) There shall be charged upon and paid out of the Consolidated Revenue Fund to the Chairman of the Senate and to the Speaker such salaries as may from time to time be prescribed by a law of the Legislature and such allowances as may be prescribed by or under any such law.

(2) The salary of the Chairman of the Senate or of the Speaker shall not be reduced during his continuance in office.

(3) A person who was the Chairman of the Senate or the Speaker immediately before a dissolution of Congress



[edit] Right of secession

1. Every State shall have the right to secede from the Federation in accordance with the conditions hereinafter prescribed.

2. (1) Any State wishing to exercise the right of secession shall have a resolution to that effect passed by its Legislative Assembly. No such resolution shall be deemed to have been passed unless not less than two-thirds of the total number of members of the Legislative Assembly concerned have voted in its favor.

(2) The Governor of the State concerned shall notify the President of any such resolution passed by the Legislative Assembly and shall send him a copy of such resolution certified by the Speaker of the Legislative Assembly by which it was passed.

3. The President shall thereupon order a plebiscite to be taken for the purpose of ascertaining the will of the people of the State concerned.

4. The President shall appoint a Plebiscite Commission consisting an equal number of members representing the Federation and the State concerned in order to supervise the plebiscite.

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