Dafuq

From Roach Busters

Current revision as of 06:27, 14 July 2012

[edit] CHAPTER I
GENERAL PROVISIONS

[edit] PART I
FEDERAL REPUBLIC OF _____

[edit] Supremacy of Constitution

1. (1) This Constitution is supreme and its provisions shall have binding force on the authorities and persons throughout the Federal Republic of _____.

(2) The Federal Republic of _____ shall not be governed, nor shall any persons or group of persons take control of the Government of _____ or any part thereof, except in accordance with the provisions of this Constitution.

(3) If any other law is inconsistent with the provisions of this Constitution, this Constitution shall prevail, and that other law shall, to the extent of the inconsistency, be void.

[edit] The Federal Republic of _____ and its territories

2. (1) _____ shall be a sovereign republic to be known as the name of the Federal Republic of _____.

(2) _____ shall be a Federation consisting of ten States, that is to say, Gia Định (Tân Huế), Hillstrom (Broadhurst), Jawa Baru (Surabaya Baru), Paton (Freetown), Robertsfield (Harper), South Sel Appa (Levisston), Sumatera Baru (Hatta), Tân Sài Gòn (Tân Sài Gòn), Vrede (Krugerburg) and Vryheid (Naudéburg) and the Houghton Capital Territory, hereinafter referred to as the Federal Capital.

[edit] Public Seal

3. (1) The Public Seal shall be the seal in existence immediately before this Constitution comes into force or such other seal as may be prescribed by an Act of Parliament.

(2) The Public Seal shall be used exclusively for authenticating matters of state and no person or organization, other than the Government of _____ and those persons who may be authorized in accordance with an Act of Parliament, may use the design of the seal or any design resembling it as such person’s or organization’s emblem.

[edit] National Flag

4. There shall be a National Flag of _____ which the design shall be azure blue background, divided diagonally from top right to bottom left by a black stripe the width of which is equal to one-twelfth of the length of the flag in the top left corner a white circular shaped insert with diameter one quarter of the length of the flag and with the center point on an imaginary line bisecting this corner and the diagonal stripe. On this white insert a gold sun with twelve triangular rays.

[edit] National Anthem

5. The National Anthem of the Federal Republic shall be “_____”.

[edit] Coat of arms

6. The coat of arms of the Federal Republic shall be such device as may be prescribed by or under an Act of Parliament.

[edit] Official languages and national language

7. (1) English, Vietnamese, Indonesian and Afrikaans shall be the 4 official languages in _____.

(2) The national language shall be the English language:

Provided that ―

(a) no person shall be prohibited or prevented from using or from teaching or learning any other language; and

(b) nothing in this section shall prejudice the right of the Government to preserve and sustain the use and study of the language of any other community in _____.

[edit] High treason

8. (1) Any person who abrogates or subverts or suspends or holds in abeyance, or attempts or conspires to abrogate or subvert or suspend or hold in abeyance, the Constitution by use of force or show of force or by any other unconstitutional means shall be guilty of high treason.

(2) Any person aiding or abetting the acts mentioned in subsection (1) shall likewise be guilty of high treason.

(3) Parliament shall by law provide for the punishment of persons found guilty of high treason.

[edit] CHAPTER II
FUNDAMENTAL PRINCIPLES OF STATE POLICY

[edit] Fundamental obligations of the Government

9. It shall be the duty and responsibility of all organs of government, and of all authorities and persons, exercising legislative, executive or judicial powers, to conform to, observe and apply the provisions of this Chapter of this Constitution.

[edit] The Government and the people

10. (1) The Federal Republic of _____ shall be a State based on the principles of democracy and social justice.

(2) It is hereby, accordingly, declared that:

(a) sovereignty belongs to the people of _____ from whom government through this Constitution derives all its powers and authority;

(b) the security and welfare of the people shall be the primary purpose of government: and

(c) the participation by the people in their government shall be ensured in accordance with the provisions of this Constitution.

(3) The composition of the Government of the Federation or any of its agencies and the conduct of its affairs shall be carried out in such a manner as to reflect the federal character of _____ and the need to promote national unity, and also to command national loyalty, thereby ensuring that there shall be no predominance of persons from a few States or from a few ethnic or other sectional groups in that Government or in any of its agencies.

(4) The composition of the Government of a State, a local government council, or any of the agencies of such Government or council, and the conduct of the affairs of the Government or council or such agencies shall be carried out in such manner as to recognize the diversity of the people within its area of authority and the need to promote a sense of belonging and loyalty among all the people of the Federation.

[edit] Political objectives

11. (1) The State shall protect and defend the liberty of the individual, enforce the rule of law and ensure the efficient functioning of Government services.

(2) The State shall take all steps to eradicate all corrupt practices and the abuse of power.

[edit] Economic objectives

12. The economy of _____ shall be based on private ownership and free enterprise.

[edit] Social objectives

13. (1) The State social order is founded on ideals of freedom, equality and justice.

(2) In furtherance of the social order ―

(a) every citizen shall have equality of rights, obligations and opportunities before the law;

(b) the sanctity of the human person shall be recognized and human dignity shall be maintained and enhanced;

(c) governmental actions shall be humane;

(d) exploitation of human or natural resources in any form whatsoever for reasons, other than the good of the community, shall be prevented; and

(e) the independence, impartiality and integrity of courts of law, and easy accessibility thereto shall be secured and maintained.

[edit] Foreign policy objectives

14. (1) _____ is a neutral state actively pursuing peace, security and social progress among all nations by adhering to a policy of non-alignment and refusing to participate in any military alliance. Such a status will, in particular, imply that:

(a) no foreign military base will be permitted on _____ territory;

(b) no military facilities in _____ will be allowed to be used by any foreign forces except at the request of the Federal Government of _____, and only in the following cases:

(i) in the exercise of the inherent right of self-defense in the event of any armed violation of the area over which the Federal Republic of _____ has sovereignty, or in pursuance of measures or actions decided by the World Assembly; or
(ii) whenever there exists a threat to the sovereignty, independence, neutrality, unity or territorial integrity of the Federal Republic of _____;

(c) except as aforesaid, no other facilities in _____ will be allowed to be used in such manner or extent as will amount to the presence in _____ of a concentration of foreign forces;

(d) except as aforesaid, no foreign military personnel will be allowed on _____ territory, other than military personnel performing, or assisting in the performance of, civil works or activities, and other than a reasonable number of military technical personnel assisting in the defense of the Federal Republic of _____;

(e) the shipyards of the Federal Republic of _____ will be used for civil commercial purposes, but may also be used, within reasonable limits of time and quantity, for the repair of military vessels which have been put in a state of non-combat or for the construction of vessels.

(2) There shall be —

(a) no surrender or transfer, either wholly or in part, of the sovereignty of the Federal Republic of _____ as an independent nation, whether by way of merger or incorporation with any other sovereign state or with any Federation, Confederation, country or territory or in any other manner whatsoever; and

(b) no relinquishment of control over the _____ Police Force or the _____ Armed Forces,

unless such surrender, transfer or relinquishment has been supported, at a national referendum, by not less than two-thirds of the total number of votes cast by the electors registered under the Parliamentary Elections Act (Cap. 252).

(3) For the purposes of this section —

“_____ Armed Forces” means the _____ Armed Forces raised and maintained under the _____ Armed Forces Act (Cap. 95), and includes any civil defense force formed under the Civil Defense Act (Cap. 110) and such other force as the President may, by notification in the Gazette, declare to be an armed force for the purposes of this section

“_____ Police Force” means the _____ Police Force and the Special Constabulary established under the Police Force Act (Cap. 335) and any Auxiliary Police Force created in accordance with Part V of that Act, and includes the Vigilante Corps established under the Vigilante Corps Act (Cap. 340) and such other force as the President may, by notification in the Gazette, declare to be a police force for the purposes of this section.

[edit] Obligation of the mass media

15. The press, radio, television and other agencies of the mass media shall at all times be free to uphold the fundamental objectives contained in this Chapter and uphold the responsibility and accountability of the Government to the people.

[edit] National ethics

16. The national ethics shall be discipline, integrity, dignity of labor, social justice, religious tolerance, self-reliance and patriotism.

[edit] Duties of the citizen

17. It shall be the duty of every citizen to —

(a) abide by this Constitution, respect its ideals and its institutions, the National Flag, the National Anthem, and legitimate authorities;

(b) help to enhance the power, prestige and good name of _____ and to defend _____;

(c) respect the dignity of other citizens and the rights and legitimate interests of others and live in unity and harmony and in the spirit of common brotherhood;

(d) make positive and useful contribution to the advancement, progress and well-being of the community where he resides;

(e) work conscientiously in a lawful and chosen occupation and abstain from any activity detrimental to the general welfare of others;

(f) ensure the proper control and upbringing of his children and wards;

(g) participate in and defend all democratic processes and practices; and

(h) render assistance to appropriate and lawful agencies in the maintenance of law and order.

[edit] CHAPTER III
PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL

[edit] Fundamental rights and freedoms of the individual

18. Whereas every person in _____ is entitled to the fundamental rights and freedoms of the individual, that is to say, the right, whatever his race, place of origin, political opinions, color, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, to each and all of the following, namely ―

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

(b) protection for the privacy of his home and other property and from deprivation of property without compensation;

(c) the protection of the law; and

(d) freedom of conscience, of expression and of assembly and association,

the following provisions of this Chapter shall have effect for the purpose of affording protection to those rights and freedoms subject to such limitations of that protection as are contained in those provisions, being limitations designed to ensure that the enjoyment of the said rights and freedoms by any individual does not prejudice the rights and freedoms of others or the public interest.

[edit] Protection of right to life

19. (1) No person shall be deprived of his life intentionally save in execution of the sentence of a court in respect of a criminal offense under the law of ____ of which he has been convicted.

(2) A person shall not be regarded as having been deprived of his life in contravention of this section if he dies as the result of the use, to such extent and in such circumstances as re permitted by law, of such force as is reasonably justifiable ―

(a) for the defense of any person from violence or for the defense of property;

(b) in order to effect a lawful arrest or to prevent the escape of a person lawfully detained;

(c) for the purpose of suppressing a riot, insurrection or mutiny; or

(c) in order lawfully to prevent the commission by that person of a criminal offense, or if he dies as the result of a lawful act of war.

[edit] Protection of right to personal liberty

20. (1) No person shall be deprived of his personal liberty save as may be authorized by law in any of the following cases, that is to say ―

(a) in consequence of his unfitness to plead to a criminal charge or in execution of the sentence or order of a court, whether established for _____ or some other country, in respect of a criminal offense of which he has been convicted;

(b) in execution of an order of the Supreme Court or such other court as may be prescribed by Parliament punishing him for contempt of any such court or of another court or tribunal;

(c) in execution of the order of a court made to secure the fulfillment of any obligation imposed on him by law;

(d) for the purpose of bringing him before a court in execution of the order of a court;

(e) upon reasonable suspicion of his having committed, or being about to commit, a criminal offense under the law of _____;

(f) in the case of a person who has not attained the age of eighteen years, under the order of a court or with the consent of his parent or guardian, for the purpose of his education or welfare;

(g) for the purpose of preventing the spread of an infectious or contagious disease;

(h) in the case of a person who is, or is reasonably suspected to be, of unsound mind, addicted to drugs or alcohol, or a vagrant, for the purpose of his care or treatment or the protection of the community;

(i) for the purpose of preventing the unlawful entry of that person into _____, or for the purpose of effecting the expulsion, extradition or other lawful removal of that person from _____ or for the purpose of restricting that person while he is being conveyed through _____ in the course of his extradition or removal as a convicted prisoner form one country to another; or

(j) to such extent as may be necessary in the execution of a lawful order requiring that person to remain within a specified area within _____ or prohibiting him from being within such an area, or to such extent as may be reasonably justifiable for the taking of proceedings against that person with a view to the making of any such order or relating to such an order after it has been made or to such extent as may be reasonably justifiable for restraining that person during any visit that he is permitted to make to any part of _____ in which, in consequence of any such order, his presence would otherwise be unlawful.

(2) Any person who is arrested or detained shall be informed as soon as reasonably practicable, in a language that he understands, of the reasons for his arrest or detention and shall be permitted, at his own expense, to retain and instruct without delay a legal adviser of his own choice, being a person entitled to practice in _____ as a barrister or solicitor, and to hold private communication with him; and in the case of a person who has not attained the age of sixteen years he shall also be afforded a reasonable opportunity for communication with his parent or guardian.

(3) Any person who is arrested or detained ―

(a) for the purpose of bringing him before a court in execution of the order of a court; or

(b) upon reasonable suspicion of his having committed or being about to commit a criminal offense

and who is not released, shall be brought before a court as soon as is reasonably practicable; and if any person arrested or detained upon reasonable suspicion of his having committed or being about to commit a criminal offense is not tried within a reasonable time, then, without prejudice to any further proceedings which may be brought against him, he shall be released either unconditionally or upon reasonable conditions, including in particular such conditions as are reasonably necessary to ensure that he appears at a later date for trial or for proceedings preliminary to trial.

(4) Any person who is unlawfully arrested or detained by any other person shall be entitled to compensation therefor from that other person.

(5) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of the foregoing provisions of this section to the extent that the law in question authorizes the taking during a period of public emergency of measures that are reasonably justifiable for the purpose of dealing with the situation that exists during that period of public emergency.

(6) Where a person is detained by virtue of such a law as is referred to in subsection (5), the following provisions shall apply ―

(a) he shall, as soon as reasonably practicable and in any case not more than five days after the commencement of his detention, be furnished with a statement in writing, in a language that he understands, of the grounds upon which he is detained;

(b) not more that fourteen days after the commencement of his detention, a notification shall be published in the Gazette stating that he has been detained and giving particulars of the provision of law under which his detention is authorized;

(c) he may from time to time request that his case be reviewed under paragraph (d) but, where he has made such a request, no subsequent request shall be made before the expiration of three months from the making of the previous request;

(d) where a request is made under paragraph (c), the case shall, within one month of the making of the request, be reviewed by an independent and impartial tribunal established by law and presided over by a person appointed by the Chief Justice from among persons entitled to practice in _____ as barristers or solicitors; and

(e) he shall be afforded reasonable facilities to consult and instruct, at his own expense, a legal adviser of his own choice, being a person entitled to practice as aforesaid, and he and any such legal adviser shall be permitted to make written or oral representations or both to the tribunal appointed for the review of his case.

(7) On any review by a tribunal in pursuance of subsection (6) of the case of any detained person, the tribunal may make recommendations concerning the necessity or expediency of continuing his detention to the authority by whom it was ordered, but, unless it is otherwise provided by law, that authority shall not be obliged to act in accordance with any such recommendations.

(8) When any person is detained by virtue of such a law as is referred to in subsection (5) the Prime Minister or a Minister authorized by him shall, not more than thirty days after the commencement of the detention and thereafter not more than thirty days after the making of the previous report, make a report to each House stating the number of persons detained as aforesaid and the number of cases in which the authority that ordered the detention has not acted in accordance with the recommendations of a tribunal appointed in pursuance of subsection (6):

Provided that in reckoning any period of thirty days for the purposes of this subsection no account shall be taken of any period during which Parliament stands prorogued or dissolved.

[edit] Protection from slavery and forced labor

21. (1) No person shall be held in slavery or servitude.

(2) No person shall be required to perform forced labor.

(3) For the purposes of this section, the expression “forced labor” does not include ―

(a) any labor required in consequence of the sentence or order of a court;

(b) any labor required of any person while he is lawfully detained that, though not required in consequence of the sentence or order of a court, is reasonably necessary in the interests of hygiene or for the maintenance of the place at which he is detained;

(c) any labor required of a member of a disciplined force in pursuance of his duties as such or, in the case of a person who has conscientious objections to service as a member of a naval, military or air force, any labor that person is required by law to perform in place of such service; or

(d) any labor required during any period when _____ is at war or in the event of any hurricane, earthquake, flood, fire or other like calamity that threatens the life or well-being of the community, to the extent that the requiring of such labour is reasonably justifiable, in the circumstances of any situation arising or existing during that period or as a result of that calamity, for the purpose of dealing with that situation.

[edit] Protection from inhuman treatment

22. (1) No person shall be subjected to torture or to inhuman or degrading punishment or other treatment.

(2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question authorizes the infliction of any punishment or the administration of any treatment that was lawful in ______ immediately before the coming into operation of this Constitution.

[edit] Protection from deprivation of property

23. (1) No property of any description shall be compulsorily taken possession of, and no interest in or right over property of any description shall be compulsorily acquired, except by or under the authority of a written law and where provision applying to that acquisition or taking of possession is made by a written law ―

(a) prescribing the principles on which and the manner in which compensation therefor is to be determined and given; and

(b) giving to any person claiming such compensation a right or access, either directly or by way of appeal, for the determination of his interest in or right over the property and the amount of compensation, to the Supreme Court.

(2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section ―

(a) to the extent that the law in question makes provision for the taking of possession or acquisition of any property ―

(i) in satisfaction of any tax, duty, rate, cess or other impost;
(ii) by way of penalty for breach of the law of forfeiture in consequence of a breach of the law;
(iii) as an incident of a lease, tenancy, mortgage, charge, bill of sale, pledge, contract, grant, permission or license;
(iv) in the execution of judgments or orders of a court in proceedings for the determination of civil rights or obligations;
(v) in circumstances where it is reasonably necessity so to do because the property is in a dangerous state o injurious to the health of human beings, animals or plants;
(vi) in consequence of any law with respect to the limitation of actions; or
(vii) for so long only as may be necessary for the purposes of any examination, investigation, trial or inquiry or, in the case of land, for the purposes of the carrying out thereon of work of soil conservation or the conservation of other natural resources o work relating to agricultural development or improvement; or

(b) to the exent that the law in question makes provision for the taking of possession or acquisition of ―

(i) enemy property;
(ii) property of a deceased person, a person of unsound mind or a person who has not attained the age of eighteen years, for the purpose of its administration for the benefit of the persons entitled to the beneficial interest therein;
(iii) property of a person adjudged insolvent or a body corporate in liquidation, for the purpose of its administration for the benefit of the creditors of the insolvent person or body corporate and, subject thereto, for the benefit of other persons entitled to the beneficial interest in the property; or
(iv) property subject to a trust, for the purpose of vesting the property in persons appointed as trustees under the instrument creating the trust or by a court or, by order of a court, for the purpose of giving effect to the trust.

(3) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision for the orderly marketing or production or growth or extraction of any agricultural product or mineral or any article or thing prepared for market or manufactured therefor or for the reasonable restriction of the use of any property in the interest of safeguarding the interests of others or the protection of tenants, licensees or others having rights in or over such property.

(4) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision of the compulsory taking possession in the public interest of any property, or the compulsory acquisition in the public interest of any interest in or right over property, where that property, interest or right is held by a body corporate established directly by law for public purposes in which no monies have been invested other than monies provided by Parliament.

[edit] Protection against arbitrary search or entry

24. (1) Except with his own consent, no person shall be subjected to the search of his person or his property or the entry by others on his premises.

(2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision that is reasonably required ―

(a) in the interests of defence, public safety, public order, public morality, public health, town or country planning, the development or utilization of mineral resources, or the development or utilization of any other property in such manner as to promote the public benefit;

(b) for the purposes of protecting the rights or freedoms of other persons;

(c) for the purposes of authorizing an officer or agent of the Government, or of a local government authority or of a body corporate established directly by law for public purposes to enter on the premises of any person in order to inspect those premises or anything thereon for the purposes of any tax, duty, rate, cess or other impost or in order to carry out work connected with any property that is lawfully on those premises and that belongs to the Government or that authority or body corporate, as the case may be;

(d) for the purposes of authorizing the entry upon any premises in pursuance of an order of a court for the purpose of enforcing the judgment or order of a court in any proceedings; or

(e) for the purpose of authorizing the entry upon any premises for the purpose of preventing or detecting criminal offenses.

[edit] Provisions to secure protection of law

25. (1) If any person is charged with a criminal offense, then, unless the charge is withdrawn, the case shall be afforded a fair hearing within a reasonable time by an independent and impartial court established by law.

(2) Every person who is charged with a criminal offense ―

(a) shall be presumed to be innocent until he is proved or has pleaded guilty;

(b) shall be informed as soon as reasonably practicable, in a language that he understands and in detail, of the nature of the offense charged;

(c) shall be given adequate time and facilities for the preparation of his defense;

(d) shall be permitted to defend himself before the court in person or by a legal representative of his own choice;

(e) shall be afforded facilities to examine in person or by his legal representative the witnesses called by the prosecution before the court and to obtain the attendance and carry out the examination of witnesses to testify on his behalf before the court on the same conditions as those applying to witnesses called by the prosecution; and

(f) shall be permitted to have without payment the assistance of an interpreter if he cannot understand the language used at the trial of the charge

and, except with his consent, the trial shall not take place in his absence unless he so conducts himself as to render the proceedings in his presence impracticable and the court has ordered the trial to proceed in his absence.

(3) When a person is tried for any criminal offense, the accursed person or any person authorized by him in that behalf shall, if he so requires and subject to payment of such reasonable fee as may be prescribed by law, be given within a reasonable time after judgment a copy for the use of the accused person of any record of the proceedings made by or on behalf of the court.

(4) No person shall be held to be guilty of a criminal offense on account of any act or omission that did not, at the time it took place, constitute such an offense, and no penalty shall be imposed for any criminal offense that is more severe in degree or nature than the most severe penalty that might have been imposed for that offense at the time when it was committed.

(5) No person who shows that he has been tried by a competent court for a criminal offense and either convicted or acquitted shall again be tried for that offense or for any other criminal offense, save upon the order of a superior court in the course of appeal proceedings relating to the conviction or acquittal.

(6) No person shall be tried for a criminal offense if he shows that he has been granted a pardon for that offense.

(7) No person who is tried for a criminal offense shall be compelled to give evidence at the trial.

(8) Any court or other tribunal prescribed by law for the determination of the existence or extent of any civil right or obligation shall be established by law and shall be independent and impartial; and where proceedings for such a determination are instituted by any person before such court or other tribunal, the case shall be given a fair hearing within a reasonable time.

(9) Except with the agreement of all the parties thereto, all proceedings of every court and proceedings for the determination of the existence or extent of any civil right or obligation before any other tribunal, including the announcement of the decision of the court or other tribunal, shall be held in public.

(10) Nothing in subsection (9) shall prevent the court or other tribunal from excluding from the proceedings persons other than the parties thereto and their legal representatives to such extent as the court or other tribunal ―

(a) may by law be empowered so to do and may consider necessary or expedient in circumstances where publicity would prejudice the interests of justice or in interlocutory proceedings or in the interests of decency, public morality, the welfare of persons under the age of eighteen years or the protection of the private lives of persons concerned in the proceedings; or

(b) may by law be empowered or required so to do in the interests of defence, public safety or public order.

(11) Nothing contained in or done under the authority of any law shall be held to be inconsistence with or in contravention of ―

(a) subsection (2)(a) to the extent that the law in question imposes upon any person charged with a criminal offense the burden of proving particular facts;

(b) subsection (2)(e) to the extent that the law in question imposes conditions that must be satisfied if witnesses called to testify on behalf of an accused person are to be aid their expenses out of public funds; or

(c) subsection (5) to the extent that the law in question authorizes a court to try a member of a disciplined force for a criminal offense notwithstanding any trial and conviction or acquittal of that member under the disciplinary law of that force, so, however, that any court so trying such a member and convicting him shall in sentencing him to any punishment, take into account any punishment awarded him under that disciplinary law.

[edit] Protection of freedom of conscience

26. (1) Except with his own consent, no person shall be hindered in the enjoyment of his freedom of conscience and for the purpose of this section the said freedom includes freedom of thought and of religion, freedom to change his religion or belief and freedom, either alone or in community with others, and both in public and in private, to manifest and propagate his religion or belief in worship, teaching, practice and observance.

(2) Every religious community shall be entitled, at its own expense, to establish and maintain places of education and to manage any place of education which it wholly maintains.

(3) No religious community shall be prevented from providing religious instruction for persons of that community in the course of any education provided by that community whether or not that community is in receipt of any government subsidy, grant or other form of financial assistance designed to meet, in whole or in part, the cost of such course of education.

(4) Except with his own consent (or, if he is a person who has not attained the age of eighteen years, the consent of his guardian), no person attending any place of education shall be enquired to receive religious instruction or to take part in or attend any religious ceremony or observance if that instruction, ceremony or observance relates to a religion which is not his own.

(5) No person shall be compelled to take any oath which is contrary to his religion or belief or to take any oath in a manner which is contrary to his religion or belief.

(6) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision ―

(a) which is reasonably required ―

(i) in the interests of defense, public safety, public order, public morality or public health; or
(ii) for he purpose of protecting the rights and freedoms of other persons, including the right to observe and practice any religion without the unsolicited of members of any other religion; or

(b) with respect to standards or qualifications to be required in relation to places of education including any instruction (not being religious instruction) given at such places.

(7) References in this section to a religion shall be construed as including references to a religious denomination, and cognate expressions shall be construed accordingly.

[edit] Protection of freedom of expression

27. (1) Except with his own consent, no person shall be hindered in the enjoyment of his freedom of expression, and for the purposes of this section the said freedom includes the freedom to hold opinions without interference, freedom to receive ideas and information without interference, freedom to communicate ideas and information without interferences and freedom from interference with his correspondence or other means of communication.

(2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision ―

(a) that is reasonably required in the interests of defense, public safety, public order, public morality or public health; or

(b) that is reasonably required for the purpose of protecting the reputations, rights and freedoms of other persons or the private lives of persons concerned in legal proceedings, preventing the disclosure of information received in confidence, maintaining the authority and independence of the courts or regulating the administration or technical operation of telephony, telegraphy, posts, wireless broadcasting, television or other means of communication or regulating public exhibitions or public entertainments; or

(c) that imposes restrictions upon public officers or members of a disciplined force.

[edit] Protection of freedom of assembly and association

28. (1) Except with his own consent, no person shall be hindered in the enjoyment of his freedom of assembly and association, that is to say, his right to assemble freely and associate with other persons and in particular to form or belong to political parties or to form or belong to trade unions or other associations for the protection of his interests.

(2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision ―

(a) that is reasonably required in the interest of defense, public safety, public order, public morality or public health; or

(b) that is reasonably required for the purpose of protecting the rights or freedoms of other persons; or

(c) that imposes restrictions upon public officers or members of a disciplined force.

[edit] Protection of freedom of movement

29. (1) No person shall be deprived of his freedom of movement, that is to say, the right to move freely throughout _____, the right to reside in any part of _____, the right to enter _____, the right to leave _____ and immunity from expulsion from _____.

(2) Any restriction on a person's freedom of movement that is involved in his lawful detention shall not be held to be inconsistent with or in contravention of this section.

(3) Nothing contained in or done under the authority of any law shall be held to be inconsistence with or in contravention of this section to the extent that the law in question makes provision ―

(a) for the imposition of restrictions that are reasonably required in the interests of defense, public safety, public order, public morality or public health or the imposition of restrictions on the acquisition or use by any person of land or other property in _____ and except so far as that provision or, as the case may be, the thing done under the authority thereof, is shown not to be reasonably justifiable in a democratic society;

(b) for the imposition of restrictions on the freedom of movement of any person who is not a citizen of _____;

(c) for the imposition of restrictions upon the movement or residence within _____ of public officers; or

(e) for the removal of a person from _____ to be tried outside _____ for a criminal offense or to undergo imprisonment in some other country in execution of the sentence of a court in respect of a criminal offense under the law in force in _____ of which he has been convicted.

(4) If any person whose freedom of movement has been restricted by order under such a provision as is referred to in subsection (3)(a) of this section (other than a restriction which is applicable to persons generally or to general classes of persons) so requests at any time during the period of that restriction not earlier than six months after the order was made or six months after he last made such request, as the case may be, his case shall be reviewed by an independent and impartial tribunal presided over by a person, qualified to be enrolled as an advocate in _____, appointed by the Chief Justice.

(5) On any review by a tribunal in pursuance of this section of the case of a person whose freedom of movement has been restricted, the tribunal may make recommendations, concerning the necessity or expediency of continuing the restriction to the authority by which it was ordered but, unless it is otherwise provided by law, that authority shall not be obliged to act in accordance with any such recommendations.

[edit] Protection from discrimination on ground of race, etc.

30. (1) Subject to the provisions of this section ―

(a) no law shall make any provision that is discriminatory either of itself or in its effect; and

(b) no person shall be treated in a discriminatory manner by any person acting by virtue of any written law or in the performance of the functions of any public office or any public authority.

(2) In this section the expression “discriminatory” means affording different treatment to different persons attributable wholly or mainly to their respective descriptions by race, place of origin, political opinions, color or creed whereby persons of one such description are subjected to disabilities or restrictions to which person of another such description are not made subject or are accorded privileges or advantages which are not afforded to persons of another such description.

(3) Subsection (1)(a) shall not apply to any law so far as that law makes provision ―

(a) with respect to persons who are not citizens of _____;

(b) with respect to adoption, marriage, divorce, burial, dissolutions of property on death or other matters of personal law;

(c) whereby person of any such description as is mentioned in subsection (2) may be subjected to any disability or restriction or may be accorded any privilege or advantage which, having regard to its nature and to special circumstances pertaining to those persons or to persons of any other such description, is reasonably justifiable;

(d) for authorizing the taking during a period of public emergency of measures that are reasonably justifiable for the purpose of dealing with the situation that exists during that period of public emergency; or

e. for the imposition of taxation or appropriation of revenue by the Government or by any local government authority for local purposes.

4. Nothing contained in any law shall be held to be inconsistent with or in contravention of subsection (1)(a) to the extent that it makes provision with respect to standards or qualifications (not being standards or qualifications specifically relating to race, place of origin, political opinion, colour or creed) to be required of any person who is appointed to any office in the public service, any office in a disciplined force, or any office in the service of a local government authority or of a body corporate established by any law for public purposes.

5. Subsection (1)(b) shall not apply to anything which is expressly or by necessary implication authorized to be done by any such provision of law as is referred to in subsection (3) or (4).

6. Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision whereby persons of any such description as is mentioned in subsection (2) may be subjected to any restriction on the rights and freedoms guaranteed by sections 17, 19, 20, 21 and 22, being such a restriction as is authorized by subsection (2) of section 17, subsection (6) of section 19, subsection (2) of section 20, subsection (2) of section 21, or subsection (3) of section 22, as the case may be.

7. Subsection (1)(b) shall not affect any discretion relating to the institution, conduct or discontinuance of civil or criminal proceedings in any court that is vested in any person by this Constitution or any other law.

Enforcement of protective provisions

24. 1. Subject to the provisions of subsection (6), if any person alleges that any of the provisions of sections 12 to 23, is being or is likely to be contravened in relation to him (or, in the case of a person who is detained, if any other person alleges such a contravention in relation to the detained person), then, without prejudice to any other action with respect to the same matter which is lawfully available, that person (or that other person) may apply to the High Court for redress.

2. The High Court shall have original jurisdiction -

a. to hear and determine any application made by any person in pursuance of subsection (2); and

b. to determine any question arising in the case of any person which is referred to it in pursuance of subsection (3).

and may make such orders, issue such writs and give such directions as it may consider appropriate for the purpose of enforcing or securing the enforcement of any of the provisions of sections 12 to 23:

Provided that the High Court shall not exercise its powers under this subsection if it is satisfied that adequate means of redress are or have been available to the person concerned under any other law.

3. If in any proceedings in any court subordinate to the High Court any question arises as to the contravention of any of the provisions of sections 12 to 23, the person presiding in that court shall refer the question to the High Court unless, in his opinion, the raising of the question is merely frivolous or vexatious.

4. Where any question is referred to the High Court pursuance of subsection (3), the High Court shall give its decision upon the question and the court in which the question arose shall dispose of the case in accordance with that decision or, if that decision is the subject of an appeal under this Constitution to the Court of Appeal or to Her Majesty in Council, in accordance with the decision of the Court of Appeal or, as the case may be, of Her Majesty in Council.

5. Parliament may confer upon the High Court such powers in addition to those conferred by this section as may appear to Parliament to be necessary or desirable for the purpose of enabling the High Court more effectively to exercise the jurisdiction conferred upon it by this section.

6. Parliament may make provision with respect to the practice and procedure -

a. of the High Court in relation to the jurisdiction and powers conferred upon it by or under this section;

b. of the High Court and the Court of Appeal in relation to appeals to the Court of Appeal from decisions of the High Court in the exercise of such jurisdiction; and

c. of subordinate courts in relation to references to the High Court under subsection (3);

including provision with respect to the time within which any application, reference or appeal shall or may be made or brought; and, subject to any provision so made, provision may be made with respect to the matters aforesaid by rules of court.

7. In this section "the Court of Appeal" has the same meaning as it has in section 87.

Time of emergency

25. 1. In this Chapter "period of public emergency" means any period during which -

a. Barbados is engaged in any war; or

b. there is in force a proclamation by the Governor General declaring that a state of public emergency exists; or

c. there is in force a resolution of each House supported by the votes of not less than two thirds of all the members of that House declaring that democratic institutions in Barbados are threatened by subversion.

2. A proclamation made by the Governor General shall not be effective for the purposes of subsection (1) unless it is declared therein that the Governor General is satisfied -

a. that a public emergency has arisen as a result of the imminence of a state of war between Barbados and another State or as a result of the occurrence of any earthquake, hurricane, flood, fire, outbreak of pestilence, outbreak of infectious disease or other calamity, whether similar to the foregoing or not; or

b. that action has been taken or is immediately threatened by any person of such a nature and on so extensive a scale as to be likely to endanger the public safety or to deprive the community, or any substantial portion of the community, of supplies or services essential to life.

3. A proclamation made by the Governor General for the purposes of this section shall, unless previously revoked, remain in force for one month or for such longer period, not exceeding six months, as the House of Assembly may determine by a resolution supported by the votes of a majority of all the members of that House;

Provided that any such proclamation may be extended from time to time for a further period not exceeding six months by resolution passed in like manner and may be revoked at any time by resolution supported by the votes of a majority of all the members of the House of Assembly.

4. A resolution passed by a House for the purposes of subsection (1)(c) may be revoked at any time by a resolution of that House supported by the votes of a majority of all the members thereof.

Saving of existing law

26. 1. Nothing contained in or done under the authority of any written law shall be held to be inconsistent with or in contravention of any provision of sections 12 to 23 to the extent that the law in question -

a. is a law (in this section referred to as "an existing law") that was enacted or made before 30th November 1966 and has continued to be part of the law of Barbados at all times since that day;

b. repeals and re-enacts an existing law without alteration; or

c. alters an existing law and does not thereby render that law inconsistent with any provision of sections 12 to 23 in a manner in which, or to an extent to which, it was not previously so inconsistent.

2. In subsection (1)(c) the reference to altering and existing law includes references to repealing it and re-enacting it with modifications or making different provisions in lieu thereof, and to modifying it; and in subsection (1) "written law" includes any instrument having the force of law and in this subsection and subsection (1) references to the repeal and re-enactment of an existing law shall be construed accordingly.

Interpretation

27. 1. In this chapter -

"contravention", in relation to any requirement, includes a failure to comply with that requirement;

"court" means any court of law having jurisdiction in Barbados other that a court established by a disciplinary law, and includes Her Majesty in Council and -

a. in section 12, section 13, section 14, subsections (2), (3), (5), (8), (9) and (10) of section 18, section 22 and subsection (7) of section 23 includes, in relation to an offense against a disciplinary law, a court established by such a law; and

b. in section 13, section 14 and subsection (7) of section 23 includes, in relation to an offense against a disciplinary law, any person or authority empowered to exercise jurisdiction in respect of that offense;

"disciplinary law" means a law regulating the discipline of any disciplined force;

"disciplined force" means -

a. a naval, military or air force;

b. a police force;

c. a prison service; or

d. a fire service;

"legal representative", in relation to any court or other tribunal, means a person entitled to practice as a barrister or solicitor before such court or tribunal; and

"member", in relation to a disciplined force, includes any person who, under the law regulating the discipline of that force, is subject to that discipline.

2. References in sections 12, 13, 17 and 22 to a criminal offense shall be construed as including references to an offense against a disciplinary law, and such references in subsections (2) to (7) and (11)(a) of section 18 shall, in relation to proceedings before a court established by a disciplinary law, be similarly construed.

3. In relation to any person who is a member of a disciplined force raised under the law of any country other than Barbados and lawfully present in Barbados, nothing contained in or done under the authority of the disciplinary law of that force shall be held to be inconsistent with or in contravention of any provision of sections 12 to 23.

[edit] CHAPTER I

[edit] PART I
THE LEGISLATURE

[edit] Legislative power

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

[edit] The Parliament

2. The Parliament of _____ shall consist of a Senate and a House of Representatives.

[edit] PART II
THE SENATE

[edit] Constitution of Senate

3. (1) The Senate shall be composed of six senators for each State, elected by the sitting members of the Legislative Assembly for that State.

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

(3) The Senate shall be a permanent body and the term of office of a senator shall not be affected, and the seat of a senator shall not become vacant, by reason of a dissolution of Parliament.

(4) One-third of the Senators shall retire every second year.

(5) Subject to the provisions of section five, the term of office of a senator shall be six years from the date of his election:

Provided that ―

(a) a person who is elected a senator to fill a casual vacancy shall be deemed to be elected to serve only for the remainder of his predecessor's term of office;

(b) a person who is elected to fill a vacancy caused by the termination of a senator's period of office by effluxion of time shall, for the purposes of this section, be deemed to have been elected or appointed on such termination.

(6) A separate election shall be held for the filling of each casual vacancy among the senators.

(7) In this section, the expression “casual vacancy” means a vacancy occurring otherwise than by the termination of a senator's period of office by effluxion of time.

[edit] Failure to choose senators

4. The Senate may proceed to the dispatch of business, notwithstanding the failure of any State to provide for its representation in the Senate.

[edit] Term of office of first senators

5. For the purpose of securing that one-third of the senators shall retire every second year, at the first meeting of the Senate under this Constitution, the Senate shall by lot divide the senators chosen for each State into three classes equal in number; and the term of office of the senators of the first class shall terminate at the expiry of a period of two years, the term of office of the senators of the second class shall terminate at the expiry of a period of four years, and the term of office of the senators of the third class shall terminate at the expiry of a period of six years, from the date of election; and afterwards the places of senators shall become vacant at the expiration of six years from the beginning of their term of service.

[edit] Qualifications of senator

6. No person shall be qualified to be a member of the Senate under this Constitution unless —

(a) he is a citizen of _____;

(b) he has attained the age of 30 years;

(c) he is qualified for registration as a voter for the purposes of the election of members of the House of Representatives and is so registered;

(d) he is not subject to any of the disqualifications specified in section _____;

(e) he is able to speak, and, unless incapacitated by blindness or other physical cause, to read English well enough to take an active part in the proceedings of the Senate; and

(f) he has been domiciled in _____ for a period of at least five years.

[edit] Chairman and Deputy Chairman of the Senate

7. (1) The Vice President of ____ shall be ex officio Chairman of the Senate.

(2) After the Senate has been duly constituted, it shall, at its first meeting and to the exclusion of any other business, elect from amongst its members a Deputy Chairman and, so often as the office of Deputy Chairman becomes vacant, the Senate shall elect another member as Deputy Chairman.

(2) The term of office of the Deputy Chairman shall be three years from the day on which he enters upon his office.

[edit] Vacation and resignation of, and removal from, the office of Deputy Chairman

8. A member holding office as Deputy Chairman of the Senate —

(a) shall vacate his office if he ceases to be a member of the Senate;

(b) may at any time, by writing under his hand addressed, if such member is the Chairman, resign his office; and

(c) may be removed from his office by a resolution of the Senate passed by a majority of all the then members of the Senate:

Provided that no resolution for the purpose of paragraph (c) shall be moved unless at least fourteen days’ notice has been given of the intention to move the resolution.

[edit] Power of the Deputy Chairman or other person to perform the duties of the office of, or to act as, Chairman

9. (1) While the office of Chairman is vacant, or during any period when the Vice-President is acting as, or discharging the functions of, President, the duties of the office shall be performed by the Deputy Chairman, or, if the office of Deputy Chairman is also vacant, by such member of the Senate as the President may appoint for the purpose.

(2) During the absence of the Chairman from any sitting of the Senate the Deputy Chairman or, if he is also absent, such person as may be determined by the rules of procedure of the Senate, or, if no such person is present, such other person as may be determined by the Senate, shall act as Chairman.

[edit] The Chairman or the Deputy Chairman not to preside while a resolution for his removal from office is under consideration

10. (1) (1) At any sitting of the Senate, while any resolution for the removal of the Vice President from his office is under consideration, the Chairman, or while any resolution for the removal of the Deputy Chairman from his office is under consideration, the Deputy Chairman, shall not, though he is present, preside, and the provisions of subsection (2) of section nine shall apply in relation to every such sitting as they apply in relation to a sitting from which the Chairman, or, as the case may be, the Deputy Chairman, is absent.

(2) The Chairman shall have the right to speak in, and otherwise to take part in the proceedings of, the Senate while any resolution for the removal of the Vice President from his office is under consideration in the Council, but, notwithstanding anything in section _____, shall not be entitled to vote at all on such resolution or on any other matter during such proceedings.

[edit] Vacancy to be notified

11. Whenever a vacancy happens in the Senate, the Chairman, or if there is no Chairman or if the Chairman is absent from _____ the President, shall notify the same to the Governor of the State in the representation of which the vacancy has happened.

[edit] Voting in Senate

12. All questions in the Senate shall be determined by a majority of votes of members present other than the Chairman or the presiding senator, who shall, however, have and exercise a casting vote in the case of an equality of votes.

[edit] PART III
THE HOUSE OF REPRESENTATIVES

[edit] Constitution of House of Representatives

13. The House of Representatives shall be composed of one hundred and twenty members, each of whom shall be directly elected by the persons entitled to vote at an election of such a member in an electoral division delimited as provided in section fifteen.

[edit] Elections

14. (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.

(2) At any general election of members of the House of Representatives under this Constitution, all polls shall be taken on one and the same day in all the electoral divisions throughout _____.

[edit] Delimitation of electoral divisions

15. (1) At intervals of not less than five years and not more than ten years, the President shall appoint a delimitation commission consisting of three judges of the Supreme Court of _____, which shall divide each State into so many electoral divisions that their number bears, as nearly as possible, the same ratio to one hundred and twenty as, in terms of the current voters’ lists, duly corrected up to the latest possible date, the number of voters in that State bears to the total number of voters in _____.

(2) In dividing a province into electoral divisions in terms of subsection (1) the said commission shall act in accordance with the provisions of section fourteen.

[edit] Method of dividing States into electoral divisions

16. (1) For the purposes of any division of the States into electoral divisions, the quota of each province shall be obtained by dividing the total number of voters in the province as ascertained from an examination of the current voters’ lists by the number of members of the House of Representatives to be elected therein.

(2) Each State shall be divided into electoral divisions in such a manner that each such division shall, subject to the provisions of subsection (3), contain a number of voters as nearly as may be equal to the quota of the State.

(3) The delimitation commission shall give due consideration to ―

(a) community or diversity of interests;

(b) means of communication;

(c) physical features;

(d) boundaries of existing electoral divisions;

(e) sparsity or density of population,

in such manner that, while taking the quota of voters as the basis of division, the commission may depart therefrom whenever it is deemed necessary, but in no case to any greater extent than fifteen per cent more or fifteen per cent less than the quota.

[edit] Powers and duties of commission for delimiting electoral divisions

17. (1) A commission constituted under the provisions of section fifteen shall submit to the President ―

(a) a list of electoral divisions, with the names given to them by the commission and a description of the boundaries of every such division;

(b) a map or maps showing the electoral divisions into which the States have been divided;

(c) such further particulars as it considers necessary.

(2) The President may refer to the commission for its consideration all matters relating to such list or arising out of the powers or duties of the commission.

(3) The President shall by proclamation in the Gazette make known the names and boundaries of the electoral divisions as finally settled and certified by the commission, or a majority thereof, and thereafter, until there shall be a re-division, the electoral divisions as named and defined shall be the electoral divisions of _____ in the States.

(4) If any discrepancy arises between the description of the divisions and the aforesaid map or maps, the description shall prevail.

[edit] Date from which alteration of electoral divisions takes effect

18. Any alteration in the number of members of the House of Representatives to be elected in the several States, and any re-division of the provinces into electoral divisions, shall, in respect of the election of members of the House of Representatives, come into operation at the next general election held after the completion of the re-division or of any allocation consequent upon such alteration, and not earlier.

[edit] Duration of House of Representatives

19. The House of Representatives shall, unless sooner dissolved, continue for a term of five years from the day of its first meeting and shall stand dissolved at the expiration of its term.

[edit] Writs for general election

20. (1) The President may cause writs to be issued for general elections of members of the House of Representatives.

(2) After the first general election, the writs shall be issued within ten days from the expiry of a House of Representatives or from the proclamation of a dissolution thereof.

[edit] Writs for vacancies

21. Whenever a vacancy happens in the House of Representatives, the Speaker shall issue his writ for the election of a new member, or if there is no Speaker or if he is absent from _____ the President may issue the writ.

[edit] Qualifications of members

22. No person shall be qualified to be a member of the House of Representatives under this Constitution unless —

(a) he is a citizen of _____;

(b) he has attained the age of 25 years;

(c) he is qualified for registration as a voter for the purposes of the election of members of the House of Representatives and is so registered;

(d) he is not subject to any of the disqualifications specified in section twenty-nine;

(e) he is able to speak, and, unless incapacitated by blindness or other physical cause, to read English well enough to take an active part in the proceedings of the House of Representatives; and

(f) he has been domiciled in _____ for a period of at least five years.

[edit] Speaker and Deputy Speaker of the House of Representatives

23. After a general election, the House of Representatives shall, at its first meeting and to the exclusion of any other business, elect from amongst its members a Speaker and a Deputy Speaker and, so often as the office of Speaker or Deputy Speaker becomes vacant, the House of Representatives shall elect another member as Speaker or, as the case may be, Deputy Speaker.

[edit] Vacation and resignation of, and removal from, the offices of Speaker and Deputy Speaker

24. A member holding office as Speaker or Deputy Speaker of the House of Representatives —

(a) shall vacate his office if he ceases to be a member of the House of Representatives;

(b) may at any time, by writing under his hand addressed, if such member is the Speaker, to the Deputy Speaker, and if such member is the Deputy Speaker, to the Speaker, resign his office; and

(c) may be removed from his office by a resolution of the House of Representatives passed by a majority of all the then members of the House of Representatives:

Provided that no resolution for the purpose of paragraph (c) shall be moved unless at least fourteen days’ notice has been given of the intention to move the resolution:

Provided further that, whenever the House of Representatives is dissolved, the Speaker shall not vacate his office until immediately before the first meeting of the House of Representatives after the dissolution.

[edit] Power of the Deputy Speaker or other person to perform the duties of the office of, or to act as, Speaker

25. (1) While the office of Speaker is vacant, the duties of the office shall be performed by the Deputy Speaker or, if the office of Deputy Speaker is also vacant, by such member of the House of Representatives as the President may appoint for the purpose.

(2) During the absence of the Speaker from any sitting of the House of Representatives the Deputy Speaker or, if he is also absent, such person as may be determined by the rules of procedure of the House of Representatives, or, if no such person is present, such other person as may be determined by the House of Representatives, shall act as Speaker.

[edit] The Speaker or the Deputy Speaker not to preside while a resolution for his removal from office is under consideration

26. (1) At any sitting of the House of Representatives, while any resolution for the removal of the Speaker from his office is under consideration, the Speaker, or while any resolution for the removal of the Deputy Speaker from his office is under consideration, the Deputy Speaker, shall not, though he is present, preside, and the provisions of subsection (2) of section twenty-five shall apply in relation to every such sitting as they apply in relation to a sitting from which the Speaker, or, as the case may be, the Deputy Speaker, is absent.

(2) The Speaker shall have the right to speak in, and otherwise to take part in the proceedings of, the House of Representatives while any resolution for his removal from office is under consideration in the House of Representatives and shall, notwithstanding anything in section _____, be entitled to vote only in the first instance on such resolution or on any other matter during such proceedings but not in the case of an equality of votes.

[edit] Voting in House of Representatives

26. 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.

[edit] PART IV
SENATE AND HOUSE OF REPRESENTATIVES

[edit] Salaries and allowances of the Chairman and Deputy Chairman and the Speaker and Deputy Speaker

27. (1) There shall be paid to the Chairman and the Deputy Chairman of the Senate, and to the Speaker and the Deputy Speaker of the House of Representatives, such salaries and allowances as may be respectively prescribed from time to time by a law of the Legislature.

[edit] Powers of Ministers and Deputy Ministers in Senate and House of Representatives

28. 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.

[edit] Vacating of seats by members

29. (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 elected 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) The seat of a member of the Senate or the House of Representatives shall become vacant —

(a) if he resigns his seat by notice in writing to the Chairman or the Speaker, as the case may be, or, in the case of the death, incapacity or absence from _____ of the Chairman or the Speaker, to the Secretary to Parliament;

(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

(c) if he accepts any public office; or

(d) if he ceases to be qualified for election to the Senate or the House of Representatives, as the case may be; or

(e) if he becomes subject to any of the disabilities mentioned in section thirty; or

(f) in the circumstances set out in section thirty-one; or

(g) if he is required, by virtue of the provisions of section thirty-two, to vacate his seat.

(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 (a) of subsection (1) in any case in which —

(a) proceedings are pending in respect of that member's election, if it is alleged that illegal or corrupt practices took place at such election; or

(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 (c) of subsection (1), a person shall not be deemed to have accepted a public office by reason of —

(a) accepting appointment as a Minister or a Deputy Minister; or

(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.

[edit] Disqualifications from being a member of Senate or House of Representatives

30. (1) No person shall be capable of being elected or of sitting as a member of the Senate or the House of Representatives, if he —

(a) has voluntarily acquired citizenship of a country other than _____ or has made a declaration of allegiance to such a country; or

(b) is attainted of treason, or has been convicted and is under sentence, or subject to be sentenced, for any offense punishable under the law of _____ or of a State by imprisonment for one year or longer; or

(c) is adjudged to be a lunatic or otherwise declared to be of unsound mind by a competent court; or

(d) is an undischarged bankrupt, having been adjudged or otherwise declared bankrupt under any law in force in any part of _____.

[edit] Members sentenced to death or to imprisonment

31. (1) In the event of a member of the Senate or the House of Representatives being convicted —

(a) within _____ of a criminal offense; or

(b) outside _____ of an offense, by whatever name called, which if committed in _____ would have been a criminal offense;

and being sentenced by a court to death or imprisonment, by whatever name called, for a term of six months or more, such member shall cease forthwith to exercise his functions or to be entitled to any renumeration as a member and, subject to the other provisions of this section, his seat shall become vacant at the expiration of thirty days from the date of such sentence.

(2) When during the period of thirty days referred to in subsection (1), an application for a free pardon is made or an appeal is filed, the question whether the member is to vacate his seat shall not be determined until the final disposal of such application or appeal, whereupon the member shall forthwith vacate his seat unless —

(a) he is granted a free pardon; or

(b) his conviction is set aside; or

(c) his sentence is reduced to a term of imprisonment of less than six months; or

(d) a punishment other than imprisonment is substituted.

(3) Where as a consequence of the final disposal of the application or appeal of the member, his conviction or sentence is varied in any manner specified in paragraphs (a) to (d) of subsection (2), the member shall not vacate his seat, unless he has previously resigned, but shall be entitled to resume his functions as a member and to receive renumeration as such for the period during which he ceased to exercise his functions as a member by reason of the other provisions of this section.

(4) For the purposes of this section —

(a) two or more sentences of imprisonment that are required to be served consecutively shall be regarded as a single term of imprisonment for the aggregate period of those terms;

(b) two or more sentences of imprisonment that are required to be served concurrently shall be regarded as a single term of imprisonment for the period of the longest of such terms;

(c) a person shall be regarded as sentenced notwithstanding that the execution of the sentence or any part thereof has been suspended;

(d) no account shall be taken of any sentence of imprisonment imposed as an alternative to, or in default of, the payment of a fine.

[edit] Expulsion or suspension of members convicted of certain offenses

32. (1) If —

(a) a member of the Senate or the House of Representatives is convicted of an offense described in subsection (1) of section thirty-one and is sentenced to imprisonment for a lesser period than that specified in that subsection or to a fine or other punishment not specified in that subsection; and

(b) the Senate or the House of Representatives, as the case may be, after taking into account the nature of the offense and the sentence imposed, resolves by the affirmative votes of not less than two-thirds of its total membership that the member is unfit to continue as a member or that the member should be suspended from the service of the Senate or the House of Representatives, as the case may be, for such period, not exceeding six months, as the Senate or the House of Representatives may specify;

the member shall forthwith vacate his seat or, as the case may be, be suspended from the service of the Senate or the House of Representatives, as the case may be, for the period so specified.

(2) A member of the Senate or the House of Representatives who is suspended from the service of the Senate or the House of Representatives in terms of subsection (1) shall not exercise his functions and shall not be entitled to any renumeration as a member during the period of his suspension.

[edit] Penalty for sitting or voting when disqualified

32. 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 shillings 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.

[edit] Validity of proceedings

33. Subject to the provisions of section thirty-seven, the Senate or the House of Representatives shall not be disqualified for the transaction of business by reason of any vacancy among the members thereof, including any vacancy not filled when the Senate or the House of Representatives is reconstituted at any time or when a member is suspended in terms of section thirty-one or thirty-two and any proceedings therein shall be valid notwithstanding that some person who was not entitled so to do sat or voted in the Senate or the House of Representatives or otherwise took part in the proceedings.

[edit] PART V
GENERAL POWERS AND PROCEDURE

[edit] Power to make laws

34. (1) The Legislature shall be the sovereign legislative power in and over _____.

(2) The Legislature shall have power to make laws, to be entitled “Acts”, for the peace, order and good government of the Federation with respect to any matter included in the Exclusive Legislative List.

(3) The power of the Legislature to make laws for the peace, order and good government of the Federation with respect to any matter included in the Exclusive Legislative List shall, save as otherwise provided in this Constitution, be to the exclusion of the Legislative Assemblies of States.

(4) In addition and without prejudice to the powers conferred by subsection (2) of this section, the Legislature shall have power to make laws with respect to the following matters, that is to say —

(a) any matter in the Concurrent Legislative List; and

(b) any other matter with respect to which it is empowered to make laws in accordance with the provisions of this Constitution.

[edit] Standing Orders

35. 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 —

(a) the passing, instituting, and numbering of Bills;

(b) the notification to the President of any vacancy in the membership of the Senate or the House of Representatives;

(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.

[edit] Declaration of assets and liabilities; oath of members

36. Every member of the Senate or the House of Representatives shall, before taking his seat, declare his assets and liabilities as prescribed in this Constitution and subsequently take and subscribe the Oath of Allegiance and the oath of membership as prescribed in the Seventh Schedule to this Constitution before the Chairman of the Senate or, as the case may be, the Speaker of the House of Representatives, but a member may before taking the oaths take part in the election of a Deputy Chairman of the Senate, as the case may be, or a Speaker and a Deputy Speaker of the House of Representatives.

[edit] Quorum in Parliament

37. (1) If objection is taken by a member of the Senate present that there are present, besides the President of the Senate or the senator presiding, fewer than twenty senators and, after such interval as may be prescribed in the Standing Orders, the President of the Senate or senator presiding ascertains that the number of senators present is less than twenty, the Senate shall thereupon be adjourned in accordance with the Standing Orders.

(2) If objection is taken by a member of the House of Representatives present that there are present, besides the Speaker or the member presiding, fewer than forty members and, after such interval as may be prescribed in the Standing Orders, the Speaker or member presiding ascertains that the number of members present is less than forty, the House of Representatives shall thereupon be adjourned in accordance with the Standing Orders.

[edit] Powers, privileges, etc., of the houses of Parliament and of the members and committees thereof

38. (1) Subject to the provisions of this Constitution and to the rules and Standing Orders regulating the procedure of Parliament, there shall be freedom of speech in Parliament.

(2) No member of Parliament shall be liable to any proceedings in any court in respect of anything said or any vote given by him in Parliament or any committee thereof, and no person shall be so liable in respect of the publication by or under the authority of either house of Parliament of any report, paper, votes or proceedings.

(3) In other respects, the powers, privileges and immunities of each house of Parliament, and of the members and the committees of each house, shall be such as may be prescribed from time to time by a law of the Legislature.

(4) Provision may be made by law for the punishment, by a house, of persons who refuse to give evidence or produce documents before a committee of the house when duly required by the chairman of the committee so to do:

Provided that any such law —

(a) may empower a court to punish a person who refuses to give evidence or produce documents; and

(b) shall have effect subject to such order for safeguarding confidential matters from disclosure as may be made by the President.

(5) The provisions of this section shall apply in relation to persons who by virtue of this Constitution have the right to speak in, and otherwise to take part in the proceedings of, a house of Parliament or any committee thereof as they apply in relation to members of Parliament.

[edit] Salaries and allowances of members

39. Members of either house of Parliament shall be entitled to receive such salaries and allowances as may be prescribed from time to time by a law of the Legislature.

[edit] Secretary to Parliament and other staff of Parliament

40. (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.

(3) The salary of the Secretary to Parliament shall not be reduced during his continuance in office.

(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 _____.

[edit] President and other persons may address Parliament

41. (1) The President may at any time —

(a) attend and address the Senate or the House of Representatives; or

(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) 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.

[edit] PART VI
PROCEDURE IN REGARD TO BILLS

[edit] Introduction of Bills, motions and petitions

42. (1) Any Bill may originate in the House of Representatives.

(2) Any Bill, other than a Money Bill or a private Bill, may originate in the Senate.

(3) Subject to the conditions of this Constitution and the Standing Orders —

(a) any member of the Senate may introduce any Bill into or move any motion for debate in or present any petition to the Senate and the same shall be debated and disposed of according to the Standing Orders of the Senate;

(b) any member of the House of Representatives may introduce any Bill into or move any motion for debate in or present any petition to the House of Representatives and the same shall be debated and disposed of according to the Standing Orders of the House of Representatives;

(c) any Minister or Deputy Minister who is a member of the Senate or the House of Representatives may introduce any Bill into or move any motion for debate in or present any petition to either the Senate or the House of Representatives and the same shall be debated and disposed of according to the Standing Orders of the Senate or the House of Representatives, as the case may be.

(4) Except on the recommendation of the President signified by a Minister or a Deputy Minister, the Senate or the House of Representatives shall not —

(a) proceed upon any Bill, including any amendment to a Bill, which, in the opinion of the President of the Senate or the Speaker, as the case may be, makes provision for any of the following matters —

(i) imposing or increasing any tax;
(ii) imposing or increasing any charge on the Consolidated Revenue Fund or other public funds of _____ or altering any such charge otherwise than by reducing it;
(iii) compounding or remitting any debt due to the Government of _____;
(iv) authorizing the making or raising of any loan by the Government of _____;
or

(b) proceed upon any motion, including any amendment to a motion, the effect of which, in the opinion of the President of the Senate or the Speaker, as the case may be, is that provision should be made for any of the manners specified in paragraph (a); or

(c) receive any petition which, in the opinion of the President of the Senate or the Speaker, as the case may be, requests that provision be made for any of the manners specified in paragraph (a).

(5) The provisions of subsection (4) shall not apply to —

(a) any Bill introduced, motion moved, or petition presented by a Minister or a Deputy Minister; or

(b) any amendment moved by a Minister or a Deputy Minister to a Bill or motion.

[edit] Procedure in regard to Bills

43. (1) Immediately after a Bill which originates in the House of Representatives has been given a final reading and passed by the House of Representatives, the Speaker shall cause an authenticated copy of the Bill to be transmitted to the Senate for consideration and the day on which it is transmitted to be recorded in the journal of the House of Representatives.

(2) A Bill transmitted to the Senate in terms of subsection (1) shall be introduced forthwith into the Senate and, subject to the provisions of section forty-five, the Senate may reject the Bill or pass the Bill, with or without amendments.

(3) A Bill introduced into the Senate in terms of subsection (2) which has been given a final reading and passed by the Senate with amendments shall be forthwith returned to the House of Representatives with the amendments duly certified by the Secretary to Congress and the House of Representatives may reject, agree to, or amend the amendments made to the Bill by the Senate.

(4) Immediately after a Bill which originates in the Senate has been given a final reading and passed by the Senate, the President of the Senate shall cause an authenticated copy of the Bill to be transmitted to the House of Representatives for consideration and the day on which it is transmitted to be recorded in the journal of the Senate.

(5) A Bill transmitted to the House of Representatives in terms of subsection (4) shall be introduced into the House of Representatives as soon as may be convenient and the House of Representatives may reject the Bill or pass the Bill, with or without amendments.

(6) A Bill introduced into the House of Representatives in terms of subsection (5) which has been given a final reading and passed by the House of Representatives with amendments shall be forthwith returned to the Senate with the amendments duly certified by the Secretary to Parliament and the Senate may reject, agree to, or amend the amendments made to the Bill by the House of Representatives.

[edit] Disagreement between Senate and House of Representatives

44. (1) If —

(a) the Senate and the House of Representatives have not agreed upon the amendments to be made to a Bill which originates in the House of Representatives before the expiration of a period of one hundred and eighty days beginning on the day of the introduction of the Bill into the Senate; or

(b) the Senate and the House of Representatives have not agreed upon the amendments to be made to a Bill which originates in the Senate before the expiration of a period of one hundred and eighty days beginning on the day of the return of the Bill to the Senate; or

(c) a Bill which originates in the House of Representatives has been rejected or has not been passed by the Senate before the expiration of a period of one hundred and eighty days beginning on the day of the introduction of the Bill into the Senate;

the Bill may, subject to the provisions of this section, be presented to the President for assent in the form in which it was passed by the House of Representatives with such amendments, if any, as the Senate and the House of Representatives may have agreed:

Provided that if, in the opinion of the Speaker, a Bill which —

(i) originates in the House of Representatives; and
(ii) is introduced into the House of Representatives after the expiration of a period of one hundred and eighty days beginning on the day of the introduction into the Senate of a previous Bill originating in the Senate;

contains provisions identical with those contained in that previous Bill, except for minor changes required by the passage of time, the provisions of this subsection shall be construed and have effect as though the references in paragraphs (a) and (c) to a period of one hundred and eighty days were references to a period of eight sitting days.

(2) A Bill referred to in subsection (1) shall not be presented to the President for assent unless a resolution that the Bill be presented to the President for assent has been passed by the House of Representatives —

(a) in the case of a Bill referred to in paragraph (a) or (c) of that subsection, after the expiration of a period of one hundred and eighty days beginning on the day of the introduction of the Bill into the Senate;

(b) in the case of a Bill referred to in paragraph (b) of that subsection, after the expiration of a period of one hundred and eighty days beginning on the day of the return of the Bill to the Senate;

(c) in the case of a Bill referred to in the proviso to that subsection, after the expiration of a period of eight sitting days beginning on the day of the introduction of the Bill into the Senate.

(3) A Bill referred to in subsection (1) shall not be presented to the President for assent unless it is accompanied by a certificate from the Speaker stating that the Bill is a Bill to which the relevant provisions of subsections (1) and (2) apply and that the Bill may lawfully be presented for assent by virtue of those provisions.

(4) A Bill presented to the President for assent in pursuance of a resolution of the House of Representatives referred to in subsection (2) shall be deemed to have been duly passed by Parliament in the form in which it is presented to the President.

(5) In the calculation of any period of one hundred and eighty days referred to in this section, no account shall be taken of any period during which Parliament is prorogued.

(6) For the purposes of this section —

(a) a Bill originating in the House of Representatives shall be deemed to have been introduced into the Senate on the sitting day next following the day on which a copy of the Bill is transmitted to the Senate in terms of subsection (1) of section forty-three;

(b) a Bill originating in the Senate shall be deemed to have been returned to the Senate on the sitting day next following the day on which the Bill is returned for the first time to the Senate in terms of subsection (6) of section forty-three.

[edit] Money Bills

45. (1) The Senate shall not have power to amend a Bill which is certified by the Speaker to be a Money Bill but may recommend amendments to the House of Representatives.

(2) An amendment to a Bill referred to in subsection (1) which is recommended by the Senate shall be duly certified by the Secretary to Parliament and transmitted to the House of Representatives for its consideration.

(3) After the House of Representatives has considered amendments to a Bill referred to in subsection (1) which have been recommended by the Senate the Bill shall be presented to the President for assent in the form in which it was passed by the House of Representatives with such amendments, if any, as may have been made by the House of Representatives on the recommendation of the Senate.

(4) If a Bill referred to in subsection (1) has not been passed by the Senate before the expiration of a period of eight sitting days beginning on the day of the introduction of the Bill into the Senate, the Bill may, subject to the provisions of this section, be presented to the President for assent in the form in which it was passed by the House of Representatives.

(5) A Bill referred to in subsection (4) shall not be presented to the President for assent unless a resolution that the Bill be presented to the President for assent has been passed by the House of Representatives after the expiration of a period of eight sitting days beginning on the day of the introduction of the Bill into the Senate.

(6) A Bill referred to in subsection (4) shall not be presented to the President for assent unless it is accompanied by a certificate from the Speaker stating that the Bill is a Bill to which the provisions of subsections (4) and (5) apply and that the Bill may be lawfully presented for assent by virtue of those provisions.

(7) A Bill presented to the President for assent in pursuance of a resolution of the House of Representatives referred to in subsection (5) shall be deemed to have been duly passed by Parliament in the form in which it is presented to the President.

(8) For the purposes of this section, a Bill referred to in subsection (1) shall be deemed to have been introduced into the Senate on the sitting day next following the day on which a copy of the Bill is transmitted to the Senate in terms of subsection (1) of section forty-three.

[edit] Provisions relating to amendment of Bills

46. Subject to the provisions of this Constitution and the Standing Orders, after a Bill has been returned to the house in which it originated, the Senate or the House of Representatives may, by message to the other house pursuant to a resolution, agree to any amendment or withdraw any amendment which has been made to the Bill.

[edit] Assent to Bills

47. (1) When a Bill is presented to the President for assent, the President shall, within ten days —

(a) assent to the Bill; or

(b) in the case of a Bill other than a Money Bill, return the Bill to Parliament with a message requesting that the Bill, or any specified provision thereof, be reconsidered and that any amendment specified in the message be considered.

(2) When the President has returned a Bill to Parliament, it shall be reconsidered by Parliament in joint sitting and, if it is again passed, with or without amendment, by Parliament, by the votes of the majority of the members of both houses present and voting, it shall be deemed for the purposes of the Constitution to have been passed by both houses and shall be presented to the President, and the President shall give his assent within ten days, failing which such assent shall be deemed to have been given.

(3) In every Bill presented to the President for assent the words of enactment shall be —

“Be it enacted by the President and the Parliament of _____.”

[edit] Further provisions relating to enactment of Bills

48. (1) Where in this Constitution there is a provision that a Bill of a specified description shall not be presented to the President for assent unless it is accompanied by a prescribed certificate, the President shall not assent to the Bill unless it is accompanied by the prescribed certificate.

(2) A law assented to by the President shall come into operation on the day of its publication in the Gazette or on such other day as may be specified in and under that or some other law.

[edit] Enrollment of Acts

49. (1) As soon as may be after a Bill has been assented to by the President, the Secretary to Parliament shall cause a fair copy of the Act, duly authenticated by the signature of the President and the Public Seal of _____, to be enrolled on record in the Office of the Registrar of the Supreme Court and such copy shall be conclusive evidence of the provisions of such Act.

(2) Notwithstanding the provisions of subsection (1), a law of the Legislature may provide that a revised edition of the laws in force on any specified day shall be compiled and published and that, upon publication, the laws therein printed shall in all courts of justice and for all purposes whatever be the sole and authentic version of such laws and be conclusive evidence thereof, and the President shall cause a duly authenticated copy of such revised edition of the laws to be deposited in the Office of the Registrar of the Supreme Court.

(3) The validity of an Act of the Legislature or of a revised edition of the laws shall not depend upon the enrollment or deposit thereof in pursuance of the provisions of this section.

[edit] PART VII
SUMMONING, PROROGATION AND DISSOLUTION

[edit] Sessions of Parliament

50. The President shall from time to time summon each house of Parliament to meet at such time and place as he thinks fit, but six months shall not intervene between its last sitting in one session and the date appointed for its first sitting in the next session.

[edit] Prorogation and dissolution

51. (1) The President may from time to time —

(a) prorogue the houses or either house;

(b) dissolve the House of the Representatives.

(2) In the exercise of his powers under this article the President shall act in accordance with the advice of the Prime Minister:

Provided that -

(a) if the House of Representatives passes a resolution, supported by the votes of a majority of all the members thereof, that it has no confidence in the Government, and the Prime Minister does not within three days either resign from his office or advise a dissolution, the President may dissolve the House of Representatives;

(b) if the office of Prime Minister is vacant and the President considers that there is no prospect of his being able within a reasonable time to appoint to that office a person who can command the support of a majority of the members of the House of Representatives, the President may dissolve the House of Representatives; and

(c) if the Prime Minister recommends a dissolution and the President considers that the Government of _____ can be carried on without a dissolution and that a dissolution would not be in the interests of _____, the President may refuse to dissolve the House of Representatives.

54. (1) The President may, from time to time, summon either house or both houses of Parliament in joint sitting to meet at such time and place as he thinks fit and may also prorogue the same.

(2) There shall be at least three sessions of the House of Representatives every year, and not more than one hundred and twenty days shall intervene between the last sitting of the House of Representatives in one session and the date appointed for its first sitting in the next session:

Provided that the House of Representatives shall meet for not less than one hundred and thirty working days in each year.

Explanation: In this clause, "working days" includes any day on which there is a joint sitting and any period, not exceeding two days for which the House of Representatives is adjourned.

(3) On a requisition signed by not less than one-fourth of the total membership of the House of Representatives, the Speaker shall summon the House of Representatives to meet, at such time and place as he thinks fit, within fourteen days of the receipt of the requisition; and when the Speaker has summoned the House of Representatives only he may prorogue it.

The provisions of clauses (2) to (7) of Article 53, clauses (2) and (3) of Article 54 and Article 55 shall apply to the Senate as they apply to the National Assembly and, in their application to the Senate, shall have effect as if references therein to the National Assembly, Speaker and Deputy Speaker were references, respectively, to the Senate, Chairman and Deputy Chairman and as if, in the proviso to the said clause (2) of Article 54, for the words "one hundred and thirty" the word "ninety" were substituted.

[edit] CHAPTER
RELATIONS BETWEEN FEDERATION AND STATES

[edit] Part II
Powers of the Federal Republic of _____

[edit] Legislative powers

9. (1) The legislative powers of the Federal Republic of _____ shall be vested in a Parliament for the Federation, which shall consist of the President, a Senate and a House of Representatives.

(2) The legislative powers of a State of the Federation shall be vested in the Governor and the Legislative Assembly of the State.

(3) Notwithstanding anything in subsections (4) and (5), Parliament has exclusive power to make laws for the peace, order and good government of the Federation or any part thereof with respect to any matter included in the Federal Legislative List.

(4) Notwithstanding anything in subsection (5), Parliament, and, subject to subsection (3), the Legislative Assembly of a State also, have power to make laws with respect to any matter included in the Concurrent Legislative List.

(5) Subject to subsections (3) and (4), the Legislative Assembly of a State has exclusive power to make laws for the peace, order and good government of the State or any part thereof with respect to any matter included in the State Legislative List.

[edit] Executive powers

10. (1) Subject to the provisions of this Constitution, the executive powers of the Federation:

(a) shall be vested in the President and may, subject as aforesaid and to the provisions of any law made by Parliament, be exercised by him either directly or either directly or through officers subordinate to him in accordance with this Constitution; and

(b) shall extend to the execution and maintenance of this Constitution, all laws made by Parliament and to all matters with respect to which Parliament has, for the time being, power to make laws.

(2) Subject to the provisions of this Constitution, the executive powers of a State:

(a) shall be vested in the Governor of that State and may, subject as aforesaid and to the provisions of any law made by a Legislative Assembly, be exercised by him either directly or through officers subordinate to him in accordance with this Constitution; and

(b) shall extend to the execution and maintenance of this Constitution, all laws made by the Legislative Assembly of the State and to all matters with respect to which the Legislative Assembly has for the time being power to make laws.

[edit] Judicial powers

11. (1) The judicial powers of the Federation shall be vested in the courts to which this section relates, being courts established for the Federation.

(2) The judicial powers of a State shall be vested in the courts to which this section relates, being courts established, subject as provided by this Constitution, for a State.

(3) The courts to which this section relates, established by this Constitution for the Federation and for the States, specified in subsection paragraph (a) to (i') of subsection (5), shall be the only superior courts of record in _____; and save as otherwise prescribed by the National Assembly or by the House of Assembly of a State, each court shall have all the powers of a superior court of record.

(4) Nothing in the foregoing provisions of this section shall be construed as precluding:―

(a) Parliament or any Legislative Assembly from establishing courts, other than those to which this section relates, with subordinate jurisdiction to that of a High Court;

(b) Parliament or any Legislative Assembly, which does not require it, from abolishing any court which it has power to establish or which it has brought into being.

(5) This section relates to:―

(a) the Supreme Court of _____;

(b) the Court of Appeal;

(c) the Federal High Court;

(d) the High Court of the Houghton Capital Territory;

(e) a High Court of a State;

(f) the Customary Court of Appeal of the Houghton Capital Territory;

(g) a Customary Court of Appeal of a State;

(h) such other courts as may be authorized by law to exercise jurisdiction on matters with respect to which Parliament may make laws; and

(i) such other court as may be authorized by law to exercise jurisdiction at first instance or on appeal on matters with respect to which a Legislative Assembly may make laws.

(6) The judicial powers vested in accordance with the foregoing provisions of this section ―

(a) shall extend, notwithstanding anything to the contrary in this constitution, to all inherent powers and sanctions of a court of law;

(b) shall extend, to all matters between persons, or between government or authority and to any persons in _____, and to all actions and proceedings relating thereto, for the determination of any question as to the civil rights and obligations of that person.

[edit] ppp

(1) The President may, with the approval of a majority of members of the Senate, appoint a person as ambassador or any other principal representative of _____ to represent _____ abroad.

(2) The President may receive envoys accredited to _____.

(3) The President may execute or cause to be executed treaties, agreements or conventions in the name of the Federal Republic.

(4) A treaty, agreement or convention in respect of international relations executed by or under the authority of the President shall not bind the Federal Republic unless it is ratified by a resolution of the Senate supported by not less than two-thirds majority of all its members.

[edit] pppp

(1) There shall be a Prime Minister of the Federal Republic who shall be appointed by the President in accordance with the provisions of this section and who, before assuming his office, shall take and subscribe before the President such oath of office of Prime Minister as may be prescribed by the Legislature.

(2) As soon as possible, and in any case within fourteen days after assuming office, the President shall appoint a member of the House of Representatives elected from a constituency from a political party having a majority of members in the House of Representatives or, if no political party has a majority, who appears to have the support of the majority of the members of the House of Representatives, to be Prime Minister of the Federal Republic, and he shall not assume office until his appointment is first confirmed by a resolution of the House of Representatives supported by a majority vote of Members of the House of Representatives.

(3) There shall be such number of Ministers, not being less than seven or more than fourteen as the President, acting in accordance with the advice of the Prime Minister, may determine.

(4) The President, according in accordance with the advice of the Prime Minister may, with the approval of a majority of the members of the House of Representatives, appoint a person to the office of Minister.

(5) A Minister or appointed under subsection (4) shall hold office during the pleasure of the President and may be removed from office by the President acting on the advice of the Prime Minister.

[edit] dsa

1. There shall be a Leader of the Opposition who shall be elected by the National Assembly from among its members in accordance with this Article and the Standing orders.

2. A person is not eligible to be elected to the office of Leader of the opposition if the person is a member of the political party which nominated the incumbent President for election, and only members of the National Assembly who are not members of that party may vote in the election.

3. A person elected to the office of Leader of the Opposition shall vacate the office -

a. if the person ceases to be a member of the National Assembly;

b. if the person is elected to the office of Speaker or Deputy Speaker;

c. if the person resigns by notice in writing addressed to the Speaker; or

d. where the members of the National Assembly entitled to vote at an election to the office pass a resolution requiring the person to vacate the office.

4. An Act may provide for the salary, allowances and gratuity of the Leader of the Opposition.

5. The salary, allowances or gratuity payable to the Leader of the opposition shall be not less than those payable to a Minister and shall be a charge on the Consolidated Fund.

[edit] fafaf

86. 1. The legislative power vested in the National Assembly shall be exercised by Bills passed by the Assembly and assented to or deemed to have been assented to by the President.

2. Subject to Article 87, where a Bill is presented to the President for assent, the President shall, within fourteen days of the presentation of the Bill, assent, or, in accordance with this Part, withhold assent, to the Bill.

3. The President shall cause a Bill which has been passed and assented or deemed to have been assented to in accordance with this Constitution to be published in the Gazette whereupon it shall become law.

4. A Bill passed by the National Assembly and assented to or deemed to have been assented to by the President shall be styled an "Act" and the words of enactment shall be "Enacted by the President and the National Assembly".

87. Where the President is of the opinion that a Bill presented for assent infringes or may infringe this Constitution, the President shall not assent to the Bill and, as soon as is practicable within fourteen days of the presentation of the Bill -

a. advise the Speaker accordingly; and

b. refer the Bill to the Constitutional Court for a decision in this respect.

2. Where the President refers a Bill to the Constitutional Court under clause (1), the President shall not, until the Court has made its decision on the Bill, be treated, for the purposes of Article 88, as having withheld assent to the Bill.

3. Where a Bill has been referred to the Constitutional Court under clause (1), the President shall not assent to it and the National Assembly shall not proceed under Article 88(2) until the Court has pronounced its decision thereon.

4. Where the Constitutional Court decides that a Bill referred to it under clause (1) does not infringe this Constitution, the Court shall forthwith inform the President and the Speaker in writing accordingly and the period under Article 86(2) within which the President is required to assent to a Bill shall start to run from the date of the decision of the Court.

88. 1. Where the President withholds, within the period provided in Article 86(2), assent to a Bill, not being a Bill referred to in Article 87(5), the President shall, in the case of a refusal, forthwith or, in any event, forthwith after the period of fourteen days referred to in Article 86(2) -

a. return the Bill to the Speaker; and

b. inform the Speaker in writing of the reasons why the Bill has not been assented to.

2. Where the President has returned the Bill to the Speaker under clause (1)(a), the National Assembly may, at any time after a period of three months from the date by which the President should have assented to the Bill under Article 86(2), by a notice approved by the votes of not less than two-thirds of the number of members of the Assembly resolve that the Bill should again be presented for the President's assent.

3. Where a Bill is presented for the President's assent under clause (2), notwithstanding that the President withholds assent to the Bill, the President shall be deemed to have assented to the Bill at the expiration of the period of fourteen days referred to in Article 86(2).