Holy shit ANOTHER constitution

From Roach Busters

Revision as of 11:25, 19 February 2009

Preamble

We, the States, in humble submission to Almighty God, each State acting in its sovereign and independent character, in order to establish government of the people, by the people, and for the people, and to secure to ourselves and our posterity the blessings of liberty, justice, equality, and the rule of law, do hereby ordain and promulgate this Constitution.

Chapter I
The National Territory

1. The national territory comprises the States, the city of _____, and all other territories over which _____ has sovereignty or jurisdiction.

2. (1) _____, _____, _____, and _____ are the States of the Republic.

(2) Other States may be admitted into the Republic by a vote of two-thirds of the Senate and two-thirds of the National Assembly; but no new State shall be formed or erected within the jurisdiction of any other State, nor shall any State be formed by the junction of two or more States, or parts of States, without the consent of the legislatures of the States concerned, as well as of Parliament.

(3) Parliament shall have power to dispose of and make all needful rules and regulations concerning the property of the Republic, including the lands thereof.

(4) _____ may acquire new territory, and Parliament shall have power to legislate and provide governments for the inhabitants of all territory belonging to the Republic, lying without the limits of the several states, and may permit them, at such times, and in such manner as it may by law provide, to form states to be admitted into the Republic.

3. (1) The capital of the Republic is the city of _____.

(2) The organization, functioning, and operation of the city of _____ shall be determined by law.

Chapter II
Form of Government

4. _____ is a federal parliamentary republic.

Chapter III
Citizens and Citizenship

5. The following are citizens of _____:
(a) Those who are citizens of _____ at the time of the adoption of this Constitution;
(b) Those whose fathers or mothers are citizens of _____; and
(c) Those who are naturalized in accordance with law.

6. Natural-born citizens are those who are citizens of _____ from birth without having to perform any act to acquire or perfect their _____ citizenship.

7. _____ citizenship may be lost or reacquired in the manner provided by law.

8. Citizens of _____ who marry aliens shall retain their citizenship, unless by their act or omission, they are deemed, under the law, to have renounced it.

9. Dual citizenship shall not be recognized.

Chapter IV
National Principles and Policies

10. (1) Power resides in the people and all government authority emanates from them. No group of people or individual can vest in themselves the exercise of power.

(2) The people shall exercise sovereignty as specified under this Constitution.

11. The Constitution is the supreme law of the Republic. All laws inconsistent with the Constitution shall, to the extent of such inconsistency, be null and void.

12. (1) No person owes obedience to a usurper government or to anyone who assumes public office in violation of the Constitution and the law.

(2) The acts of those who usurp public office by unconstitutional means are nugatory.

13. Public office is a public trust. Public officers and employees shall serve with the highest degree of responsibility, integrity, loyalty, and efficiency, and shall remain fully accountable to the people.

14. (1) Every citizen is equal before the law.

(2) No one shall be privileged, favored, prejudiced, deprived of any right or exempted from any duty on the basis of ancestry, sex, race, language, place of origin, religion, political or ideological beliefs, education, economic situation, social circumstances, or sexual orientation.

15. The protection of life, liberty, and property and the maintenance of peace and order shall be the prime duties of the government.

16. The multiparty system shall be inviolable. Political and ideological diversity shall be respected and guaranteed.

17. The separation of church and state shall be inviolable. All religious associations are equal before the law.

18. (1) The Republic of _____ shall adhere to the principles of international law which are not contrary to the exercise of national sovereignty.

(2) _____ shall pursue an independent foreign policy. In its relations with other states, the paramount consideration shall be national sovereignty, territorial integrity, national interest, and the right to self-determination.

(3) _______, consistent with the national interest, adopts and pursues a policy of freedom from nuclear, chemical, and biological weapons in its territory.

(4) The Republic of _____ shall not join any international military organization or permit the establishment of foreign military bases on its national territory. Nor shall foreign military forces remain in or traverse the national territory of the Republic.

Chapter V
The Bill of Rights

to be added

Chapter VI
Head of State

1. The chief of state of _____ shall be the President of the Republic, hereinafter referred to as the President.

2. No person shall be qualified to serve as President unless he-
(a) is at least forty years of age;
(b) is a natural-born citizen of _____;
(c) has resided for ten years within the limits of the Republic;
(d) is in full enjoyment of his political and civil rights.

3. The President shall be elected by direct ballot, with an absolute majority of the votes validly cast. The election shall be held ninety days before the end of the administration of the President then holding office. Should there be more than two candidates in the presidential election, none of them obtaining more than half of the votes validly cast, a new election shall be held fifteen days after the Electoral Commission of the Republic makes the corresponding statement within the term indicated in the following section. This election shall be limited to the two candidates with the highest relative majorities. In relation to the provisions contained in the two preceding paragraphs, blank and null and void votes will be considered as if they had not been cast.

4. (1) The process of qualification of the presidential election is to be concluded within forty days following the first election or within twenty-five days following the second election. The Electoral Commission of the Republic shall immediately communicate the Speaker of the National Assembly and the President of the Senate the proclamation of the President-elect.

(2) Parliament, convened in public session ninety days after the first or sole election, with all members in attendance, shall take cognizance of the decision by virtue of which the Electoral Commission of the Republic proclaims the President-elect.

(3) The President shall before assuming office make and subscribe an oath of office in the following form before the Chief Justice of _____ or a Judge of the Supreme Court of _____:

"In the presence of Almighty God and in the full realization of the high calling I assume as President in the service of my people, I, A.B., do swear to be faithful to the Republic of _____ and do solemnly and sincerely promise at all times to promote that which will advance it, to oppose all that may harm it, and to dedicate myself to the welfare of its inhabitants, to obey, observe, uphold, and maintain the Constitution and all other Law of the Republic, to discharge my duties with all my strength and talents to the best of my knowledge and ability and true to the dictates of my conscience, to do justice unto all and to devote myself to the well-being of my people.
May the Almighty by His grace guide and sustain me in keeping this oath with honor and dignity.
So help me God."

(4) The President shall upon assuming office cease to be a member of any political party, and shall not hold membership in any political party during his tenure as President.

5. The term of office of the President is seven years. Re-election is permitted once. Consecutive re-election is not permitted.

6. (1) The President shall cease to hold office on a resolution passed by two-thirds of the total membership of Parliament during the same session declaring him to be removed from office on the ground of misconduct or inability to perform efficiently the duties of his office.

(2) (a) No resolution shall be taken under sub-section (1), except after consideration of a report of a joint committee of the Senate and the National Assembly appointed in pursuance of a resolution of the National Assembly which has been concurred in by the Senate.
(b) The National Assembly shall not adopt a resolution that such a committee be appointed, unless there has previously been submitted to the Speaker of the National Assembly a petition signed by not less than one-fifth of the members of the National Assembly and requesting that such a committee be appointed.
(c) In connection with any resolution contemplated in paragraph (b) no debate shall be allowed either in the Senate or in the National Assembly.

(3) In the event that the President is removed from office, he shall forever be ineligible for election or appointment to any public office whatsoever. Furthermore, he shall be liable and subject to indictment, trial, judgment, and punishment for any crimes he may have committed during his tenure as President.

7. The President may resign by lodging his resignation in writing with the Prime Minister.

8. (1) (a) The President shall not be absent from the Republic except with the prior consent of the Senate.
(b) The President of the Republic shall not be absent from the Republic for more than thirty consecutive days or during the last ninety days of his administration. He shall not be absent from the Republic for more than sixty days, consecutive or otherwise, during his term of his office.
(c) Failure to comply with the provisions of paragraphs (a) and (b) shall automatically entail loss of office.

(2) During any period when the office of the President is temporarily vacant or the President is absent from _____ or is for any reason unable to perform the functions of his office, those functions shall during that period be assumed and performed by such person as the Government may appoint.

(3) Any person appointed in terms of sub-section (2) shall cease to perform the functions of the President after the President has informed him that he is about to resume his functions or when a new President assumes office in terms of this Constitution.

(4) The President or any person acting as the President shall not, for the purpose of this section, be regarded as absent from _____ or as unable to perform the functions of the office of the President at any time when there is a subsisting appointment of a deputy under sub-section (5).

(5) Whenever the President-
(a) has occasion to be absent from the seat of government but not from _____; or
(b) has occasion to be absent from _____ for a period which he has reason to believe will not exceed one month; or
(c) is suffering from an illness which he has reason to believe will be of short duration;

he may, by instrument under the Public Seal of _____, appoint any person in _____ to be his deputy during such absence or illness, and in that capacity to perform on his behalf such of the functions of the office of the President as may be specified in that instrument.

(6) The power and authority of the President shall not be abridged, altered, or in any way affected by the appointment of a deputy under this section and a deputy shall conform to and observe all instructions that the President may from time to time address to him.

(7) A person appointed as a deputy under this section shall hold the appointment for such period as may be specified in the instrument by which he is appointed, save that his appointment may be revoked at any time by the President.

9. Should the office of President fall permanently vacant by means of resignation, death, or removal, the Electoral Commission of the Republic shall schedule a presidential election to be held not later than thirty days after the date on which the office of President became vacant. In the meantime, the Government shall appoint a caretaker President to hold office until the date on which the newly elected President is inaugurated. The caretaker President shall in his capacity as caretaker exercise no power except for command-in-chief of the armed forces.

10. (1) There shall be paid to the President, in addition to any allowances appropriated from time to time by Parliament, and apart from any privileges which he may enjoy, a salary of twenty-five thousand dollars per annum.

(2) The salary of the President shall not be increased or diminished during his term of office.

11. The President shall have only such powers and duties as are conferred or imposed upon him by or under this Constitution.

12. The command-in-chief of the armed forces is vested in the President.

13. (1) The President shall represent the Republic in international relations.

(2) The President shall have power to appoint and to accredit ambassadors and other diplomatic envoys, and to receive and to recognize ambassadors and other diplomatic envoys accredited to the Republic.

(3) The President shall have power to ratify treaties and other international agreements with the concurrence of the Senate.

14. (1) The appointment and removal of all officers of the public service of the Republic shall be vested in the President, unless the appointment is delegated by the President or by a law of Parliament to some other authority.

15. (1) The President shall have power to dissolve the National Assembly and call new elections. New elections shall be held no sooner than thirty days and no later than sixty days after the dissolution.

(2) The President may not dissolve the National Assembly more than once for the same reason.

(3) In the event that the President dissolves the National Assembly, he may not do so again until at least four months have elapsed since the last dissolution.

16. The President shall have power to appoint the Prime Minister and, on the advice of the latter, the Ministers of the Government.

17. (1) The President may, subject to such lawful conditions as Parliament may fix:
(a) grant to any person concerned in or convicted of an offense against any law a pardon; or
(b) grant to any person a respite, either indefinite or for a specified period, from the execution of any sentence passed on that person for such an offense; or
(c) substitute a less severe form of punishment for that imposed by any sentence for such an offense; or
(d) remit the whole or part of any sentence passed for such an offense or any penalty or forfeiture otherwise imposed on account of such an offense.

(2) Where a person resident in _____ has been convicted in a country outside _____ of an offense against a law in force in that country, the President may declare that that conviction shall not be regarded as a conviction for the purposes of this Constitution or any other law in force in _____.

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

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

unless, before the expiration of that period, the decision is approved by a resolution passed by both houses of Parliament:

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

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

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

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

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

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

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

19. The President shall have power to confer or revoke honors, state awards, and diplomatic ranks.

Chapter VII
The Government

1. Executive power is vested in the Government of the Republic, hereinafter referred to as the Government.

2. The Government shall have power:
(a) to execute the domestic and foreign policies of the Republic;
(b) to direct and coordinate the activities of government agencies;
(c) to administer the implementation of laws;
(d) to prepare the draft of the state budget and submit it to Parliament, administer the implementation of the state budget, and present a report on the implementation of the state budget to Parliament;
(e) to introduce bills and to submit international treaties to the Senate for approval;
(f) to advise the President;
(g) to perform such other duties and exercise such other functions as may be required by law, provided that the required duties and functions are not contrary to this Constitution.

3. (1) The Prime Minister shall be the head of the Government and shall determine, and be responsible for, the general policy of the Government.

(2) Ministers shall, within the limits of the general policy defined by the Prime Minister, administer their respective departments autonomously and on their own authority.

4. (1) The Prime Minister shall be responsible to the President and, within the ambit of the Government’s political responsibility, to Parliament.

(2) The Deputy Prime Minister (if any) and Ministers shall be responsible to the Prime Minister and, within the ambit of the Government’s political responsibility, to Parliament.

(3) Deputy Ministers (if any) shall be responsible to the Ministers of their respective departments and, within the ambit of the Government’s political responsibility, to Parliament.

5. (1) The Prime Minister shall be appointed by the President. In appointing a Prime Minister the President shall appoint the person who, in his opinion, is best able to command the support of a majority of Parliament.

(2) The Deputy Prime Minister (if any), Ministers, and Deputy Ministers (if any), shall be appointed by the President upon the proposal of the Prime Minister.

6. (1) The Government shall, within ten days of its appointment, submit its program to Parliament for consideration, by means of a Prime Ministerial statement. The program shall set out the main political guidelines and the measures that are to be adopted or proposed in the various areas of governance.

(2) In the event that Parliament is not in full session, the President shall obligatorily summon it for this purpose.

(3) The debate shall not last for more than three days, and until it is closed, any parliamentary group may make a motion rejecting the program, and the Government may request the passage of a confidence motion.

(4) Rejection of the Government’s program shall require an absolute majority of all the members of Parliament in full exercise of their office.

7. The Government may ask Parliament to pass a motion of confidence in relation to a statement of general policy or any important matter of national interest.

8.