Constitution of Ledgersia
From Roach Busters
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==<center>Chapter 3 - The Legislature</center>== | ==<center>Chapter 3 - The Legislature</center>== | ||
Revision as of 19:06, 19 March 2009
Contents |
Chapter I - The Head of State
Part I - The President and the Vice-President of the Republic
1. The President of the Republic shall be the head of state, the representative of Ledgersia in both domestic affairs and international relations, and Commander-in-Chief of the Armed Forces. He shall be directly elected by the people of Ledgersia as hereinafter provided, and he shall be assisted by a Vice-President of the Republic who shall likewise be directly elected with, and in the same manner as, the President of the Republic.
2. (1) A person shall not be qualified for election to the office of the President of the Republic unless he is a citizen of Ledgersia by birth, has attained forty years of age, is a member of a political party and is sponsored by that political party, is registered as a voter or is qualified to be registered as such, and has resided for at least fifteen years within the limits of Ledgersia.
(2) A person shall not be qualified for election to the office of the Vice-President of the Republic unless he meets the qualifications mentioned in the previous subsection.
(3) Any person holding any public office in respect of which he receives any renumeration or allowance out of public funds, who is elected as President or Vice-President of the Republic, shall vacate such office with effect from the date on which he is elected.
3. (1) The election of the President and Vice-President of the Republic shall be held ninety days before the end of the administration of the President of the Republic then holding office.
(2) The election of the President of the Republic shall imply the election of the Vice-President registered with him.
(3) The candidate who obtains an absolute majority of the votes validly cast shall be deemed to be elected President of the Republic. Blank and null and void votes shall be considered as if they had not been cast.
(4) 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 within twenty days from the announcement of the results. This election shall be limited to the two candidates with the highest relative majorities.
(5) Should one of the candidates, before the second round of voting is held, die, withdraw, or become legally impaired, the candidate with the highest number of votes among the remaining candidates shall be deemed to be elected President.
(6) If, in the event of the preceding subsections, more than one candidate with an equal number of votes remains in second place, the eldest one shall qualify.
4. (1) The President and the Vice-President of the Republic shall, before taking office, take an oath before the Chief Justice of the Supreme Court in the following form:
I, A.B., do hereby swear (or affirm) to faithfully perform my duties as President (or Vice-President) of the Republic, to preserve the independence of the nation, to maintain, defend, and uphold the Constitution and all other laws of the Republic, to preserve the independence of the nation, and to consecrate myself to the service of the people. So help me God.
(In case of affirmation, the last sentence may be omitted.)
(2) The President and the Vice-President of the Republic shall take office immediately after taking the oath as prescribed in the previous subsection.
5. In the event that, after ten days from the date scheduled for the inauguration, the President or the Vice-President of the Republic, except by reason of force majeure has not taken office, the office shall be declared vacant
6. (1) The Vice-President of the Republic shall replace the President of the Republic in the event of impediment and shall succeed him in the event of vacancy.
(2) In addition to other duties attributed to him by a supplementary law, the Vice-President of the Republic shall assist the President of the Republic whenever summoned by him for special missions.
7. In the event of impediment of the President and the Vice-President of the Republic or of vacancy of the respective offices, the functions and duties of the President of the Republic shall be assumed and performed by the Speaker of the House of Representatives or, if the office of Speaker is absent or the holder of that office is unable to act, the President of the Senate or, if his office is vacant or he is unable to act, the Chief Justice of the Supreme Court.
8. (1) In the event of vacancy of the offices of President and Vice-President of the Republic, elections shall be held ninety days after the occurrence of the last vacancy.
(2) If the vacancy occurs during the last two years of the President of the Republic's term of office, the elections for both offices shall be held thirty days after the last vacancy as established bv law.
(3) In any of the cases, those elected shall complete the term of office of their predecessors.
9. (1) The President and Vice-President of the Republic shall hold office for a term of six years. The President of the Republic may not be re-elected for the consecutive period, and re-election shall be permitted only once.
(2) The term of office of the President and Vice-President of the Republic shall commence on January 1 of the year following the year of their election.
(3) The President and Vice-President of the Republic shall leave office on the same day on which their term of office is completed and shall be succeeded by the newly-elected President and Vice-President of the Republic.
10. (1) The President and Vice-President of the Republic shall not be absent from Ledgersia for a period of more than fifteen days except with the prior consent of the Senate.
(2) Failure to comply with the provisions of the previous subsection shall automatically entail loss of office.
11. (1) The President of the Republic shall, subject to the provisions of this Constitution, have power-
(a) to appoint the Prime Minister and, on the advice of the latter, the Cabinet;
(b) to appoint and to accredit, to receive and to recognize ambassadors, plenipotentiaries, diplomatic representatives, and other diplomatic officers, consuls, and consular officers;
(c) to appoint the justices of the Supreme Court;
(d) to appoint the commanders of the Armed Forces;
(e) with due regard to the provisions of this Constitution to appoint the times for the holding of sessions of Parliament and to prorogue Parliament;
(f) with due regard to the provisions of this Constitution to dissolve the Senate or the House of Representatives or the Senate and the House of Representatives simultaneously;
(g) to enter into and ratify international conventions, treaties, and agreements, subject to the provisions of subsection (3);
(h) to declare and to terminate martial law or a state of emergency;
(i) to declare war and to make peace, subject to the provisions of subsection (4);
(j) to confer honors, military and diplomatic ranks, and other awards established by law;
(k) to pardon or reprieve offenders, either unconditionally or subject to such conditions as he may deem fit, and to remit any fines, penalties, or forfeitures;
(l) to appoint and remove all officers of the public service of Ledgersia, unless the appointment is delegated by the Constitution or by a law of Parliament to some other authority;
(m) to perform such other functions and exercise such other duties as authorized by the Constitution.
(2) All appointments made by the President of the Republic in terms of paragraphs (b), (c), (d), and (k) of the previous subsection shall require the prior consent of the Senate.
(3) No international convention, treaty, and agreement ratified by the President of the Republic in terms of paragraph (g) of subsection (1) shall be valid and effective without the concurrence of at least two-thirds of the members of the Senate.
(4) The President of the Republic may not declare war or make peace unless Parliament, by a vote of two-thirds of both houses in joint session assembled, voting separately, authorizes him to do so beforehand.
(5) The will and pleasure of the President of the Republic shall be expressed in writing under his signature, and every instrument signed by him shall be countersigned by a Minister. The absence of a Ministerial countersignature shall render any instrument signed by the President of the Republic legally invalid.
(6) The President of the Republic may not grant a pardon or reprieve in terms of paragraph (k) of subsection (1) in cases of impeachment.
12. (1) The President or Vice-President of the Republic, as the case may be, shall answer before Parliament for crimes committed in the performance of his functions.
(2) If charges against the President or Vice-President of the Republic, as the case may be, are accepted by at least two-thirds of the members of the House of Representatives, he shall be submitted to trial before the Senate.
(3) The President or Vice-President of the Republic, as the case may be, shall not be convicted without the concurrence of at least two-thirds of the members of the Senate.
(4) Conviction shall cause removal from office and disqualification from re-election.
(5) For crimes that are not committed in the performance of his functions, the President or Vice-President of the Republic, as the case may be shall answer before the common courts, once his term of office has ended.
13. (1) The President of the Republic may resign his office by lodging his resignation in writing to the Chief Justice of the Supreme Court, who shall forthwith advise the Prime Minister of such resignation.
(2) The Vice-President of the Republic may resign his office by lodging his resignation in writing to the President of the Republic.
14. (1) The President and Vice-President of the Republic shall receive such salaries and allowances as shall be prescribed by a law of Parliament.
(2) The salaries of the President and Vice-President of the Republic shall not be increased or decreased during their term of office.
Part II - The Presidential Council
15. The Presidential Council shall be the political body that advises the President of the Republic.
16. The Presidential Council shall be chaired by the President of the Republic and shall also be composed of the following members-
(a) the Vice-President of the Republic;
(b) the Prime Minister;
(c) the Speaker of the House of Representatives;
(d) the President of the Senate;
(e) the Chief Justice of the Supreme Court;
(f) the Governors of the States;
(g) five persons, not holding any public office, who shall be appointed by the House of Representatives;
(h) five persons, not holding any public office, who shall be appointed by the Senate;
(i) five persons, not holding any public office, who shall be appointed by the Supreme Court.
17. (1) The members of the Presidential Council shall be installed by the President of the Republic.
(2) Those members of the Presidential Council who are provided for in paragraphs (a), (b), (c), (d), (e), and (f) of section sixteen shall continue to be members for as long as they remain in the respective offices.
(3) Those members of the Presidential Council who are provided for in paragraphs (g), (h), and (i) of section sixteen shall continue to be members for three years from the date of their appointment, and they shall not, on expiration of their term of office, be eligible for re-appointment.
18. (1) The Presidential Council shall be responsible for drawing up its own rules of procedure.
(2) Meetings of the Presidential Council shall not be public.
19. The Presidential Council shall be responsible for-
(a) expressing its opinion on dissolutions of Parliament, whether of the Senate or the House of Representatives or of the Senate and the House of Representatives simultaneously;
(b) expressing its opinion on prorogations of Parliament;
(c) expressing its opinion on declarations of martial law or states of emergency and the termination of the same;
(d) expressing its opinion on declarations of war and the making of peace;
(e) expressing its opinion on other cases in general and when asked to do so by the President of the Republic, advising him in the exercise of his office.
20. The Presidential Council shall issue the opinions provided for in section nineteen at a meeting which the President of the Republic shall call for that purpose, and such opinions shall be made public at the time of the act to which they refer.
Chapter II - The Executive Government
21. The executive power of Ledgersia in regard to any aspect of its domestic or foreign affairs shall be exercised by the Prime Minister and the Cabinet.
22. (1) The Prime Minister shall be appointed by the President of the Republic from among the members of the House of Representatives.
(2) In appointing the Prime Minister the President of the Republic shall appoint the person who, in his opinion, is best able to command the support of a majority of the House of Representatives.
(3) The Prime Minister shall designate as the members of the Cabinet such other persons, not exceeding four in number, who shall then be appointed by the President of the Republic.
(4) Members of the Cabinet shall hold office during the pleasure of the Prime Minister and may be removed from office by the President of the Republic on the proposal of the Prime Minister.
(5) No person shall serve as a member of the Cabinet unless he is at the time of his appointment a member of the House of Representatives; he shall cease to be a member of the Cabinet if he ceases to be a member of the House of Representatives.
(6) The Prime Minister shall cease to hold office if he ceases to be a member of the House of Representatives.
23. (1) The Prime Minister shall determine the general policy of the government and the guidelines of national policy. He shall ensure unity in political and administrative policies and promote and coordinate the activity of the Cabinet.
(2) Within the limits of the general policy defined by the Prime Minister, each member of the Cabinet shall conduct the business of his department autonomously and on his own responsibility.
24. (1) The Prime Minister shall be responsible to the President of the Republic and, within the ambit of the Cabinet’s political responsibility, to the House of Representatives.
(2) Members of the Cabinet shall be responsible to the Prime Minister and, within the ambit of the Cabinet’s political responsibility, to the House of Representatives.
25. (1) Within at most ten days of its appointment, the Cabinet shall submit its Program of Government to the House of Representatives for consideration, by means of a Prime Ministerial statement.
(2) In the event that the House of Representatives is not in full session, the Speaker shall obligatorily call it for this purpose.
(3) The debate shall not last for more than three days, and until it is closed, any parliamentary group in the House may make a motion rejecting the Program, and the Prime Minister may request the passage of a confidence motion.
(4) Rejection of the Cabinet's Program shall require an absolute majority of all the members of the House in full exercise of their office.
26. The Prime Minister may ask the House of Representatives to pass a motion of confidence in relation to a statement of general policy or any important matter of national interest.
27. (1) Upon the initiative of one quarter of all the members of the House of Representatives in full exercise of their office or of any parliamentary group in the House, the House of Representatives may subject the Cabinet to no confidence motions in relation to the implementation of its Program or to any important matter of national interest.
(2) No confidence motions shall only be considered forty-eight hours after they are made, and the debate thereon shall last for no more than three days.
(3) If a no confidence motion is not passed, its signatories may not make another such motion during the same legislative session.
28. The Cabinet shall resign upon-
(a) the beginning of a new legislature;
(b) acceptance by the President of the Republic of the Prime Minister's resignation;
(c) the Prime Minister's death or lasting physical or mental incapacitation;
(d) rejection of the Cabinet's Program of Government;
(e) the failure of any confidence motion;
(f) the passage of a motion of no confidence by an absolute majority of all the members of the House of Representatives in full exercise of their office.
29. (1) The Prime Minister may resign his office by lodging his resignation in writing with the President of the Republic.
(2) A member of the Cabinet may resign his office by notice in writing to the President of the Republic and delivered to the Prime Minister.
30. criminal liability
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31. (1) The Prime Minister and the members of the Cabinet shall receive such salaries and allowances as shall be prescribed by a law of Parliament.
(2) The salaries of the Prime Minister and of the members of the Cabinet shall not be increased or decreased during their term of office.
Chapter 3 - The Legislature
Part I - Parliament
20. The legislative power of Ledgersia shall be vested in Parliament, which shall consist of the Senate and the House of Representatives
Part II - The Senate
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Part II: The Senate
1. The Senate shall be composed of Senators for each State, appointed by the legislature of the State.
2. Until Parliament otherwise provides there shall be ten Senators for each State. Parliament may make laws increasing or diminishing the number of Senators for each State, but so that equal representation of the several States shall be maintained.
3. No person shall be qualified to be a Senator unless he-
(a) is at least thirty years of age;
(b) is qualified to be registered as a voter for the election of members of the House of Representatives in the State for which he shall be appointed;
(c) has resided for five years or more within the limits of Ledgersia; and
(d) is a natural-born citizen of Ledgersia.
4. If the seat of a Senator becomes vacant, the legislature for the State concerned shall appoint a person to hold the seat until the completion of the period for which the person in whose stead he is appointed would have held the seat.
5. The Senate may from time to time establish standing committees for various matters as it may deem fit, and any Minister or Deputy Minister may at any time with due regard to the rules of the Senate, move that any matter be referred to such a committee for investigation and report.
6. The Prime Minister or any Minister acting on his behalf shall at the commencement of each session of Parliament as circumstances may require, make known what Bills are to be introduced in the Senate during that session.
7. (1) The Senate shall, before proceeding to the dispatch of any other business, elect a person to be the President of the Senate and, whenever the office of the President of the Senate becomes vacant otherwise than by reason of the dissolution of Parliament, the Senate shall not transact any other business until a person to fill that office has been elected.
(2) The President of the Senate shall be elected in accordance with the Standing Orders from among the members of the Senate who are neither Ministers nor Deputy Ministers.
8. (1) The President of the Senate may at any time resign his office either by announcing his resignation in person to the Senate or by notice in writing to the President.
(2) The President of the Senate shall vacate his office if he ceases to be a member of the Senate or if he becomes a Minister or a Deputy Minister.
(3) The office of the President of the Senate shall become vacant if the Senate, by an affirmative vote of not less than two-thirds of the total membership of the Senate, resolves that the office of the President of the Senate shall become vacant.
(4) Any function of the President of the Senate, whether authorized by law or otherwise, which is required to be performed on the polling day after a dissolution of Parliament or between that day and the day when the Senate first meets thereafter shall be performed by the person who was the President of the Senate immediately before that polling day: Provided that if at any time after the dissolution of Parliament the person who was the President of the Senate immediately before such dissolution relinquishes the functions of that office by notice in writing to the President or is for any reason unable to perform them, those functions shall be performed by the Deputy President of the Senate or, if the Deputy President of the Senate is unable to act, by some other person chosen by the Senate in that behalf.
9. (1) As soon as practicable after the election of the President of the Senate, the Senate shall elect a member of the Senate, not being a Minister or a Deputy Minister, to be the Deputy President of the Senate and, whenever the office of the Deputy President of the Senate becomes vacant otherwise than by reason of a dissolution of Parliament, the Senate shall as soon as convenient elect another such member to that office.
(2) The Deputy President of the Senate shall be elected in accordance with the Standing Orders.
(3) The Deputy President of the Senate may at any time resign his office by notice in writing to the President and shall vacate his office if he ceases to be a member of the House of Representatives or if he becomes a Minister or a Deputy Minister.
(4) The office of the Deputy President of the Senate shall become vacant if the Senate, by an affirmative vote of a majority of the members thereof, resolves that the office of the Deputy President of the Senate shall become vacant.
10. The President of the Senate or, when he is unable to act, the Deputy President of the Senate or, when they are both unable to act, a member of the Senate, not being a Minister or a Deputy Minister, elected or appointed in accordance with the Standing Orders, shall preside over the deliberations of the Senate.
11. The presence of at least ten members of the Senate shall be necessary to constitute a meeting of the Senate for the exercise of its powers.
12. All questions in the Senate shall be determined by a majority of votes of members present; but the President of the Senate or the presiding member, as the case may be, shall not be entitled to vote. In the case of an equality of votes, the question shall pass in the negative.
Part III: The House of Representatives
1. The House of Representatives shall be composed of one hundred and seventy-five members directly chosen by the voters of Ledgersia as hereinafter provided.
2. (1) Members shall be elected for plurinominal constituencies that shall be geographically defined by law; but no constituency shall form part of more than one State. The law shall lay down the nature and complementarity thereof in such a way as to ensure that votes are converted into seats in accordance with the proportional representation system and using the Sainte-Laguë highest average method.
(2) The number of members for each constituency shall be proportional to the number of citizens registered to vote therein.
(3) Nominations shall be submitted by political parties as laid down by law. Parties may submit such nominations individually or in coalition and their lists of candidates may include citizens who are not registered members of any of the parties in question.
(4) No one shall be a candidate for more than one constituency. No one may appear on more than one list.
(5) The law shall not limit the conversion of votes into seats by requiring a minimum national percentage of votes cast.
3. (1) A general election of members of the House of Representatives shall be held on such day within a period not exceeding four months after the issue of a proclamation dissolving Parliament as the President may in that proclamation fix.
(2) At any general election of members of the House of Representatives, all polls shall be taken on one and the same day in all the constituencies throughout Ledgersia.
(3) The registration of voters and the conduct of elections of members of the House of Representatives shall be subject to the direction and supervision of the Federal Electoral Commission.
4. No person shall be qualified to be a member of the House of Representatives unless he-
(a) is at least twenty-five years of age;
(b) is qualified to be registered as a voter for the election of members of the House of Representatives in the State in which the constituency for which he is elected is located;
(c) has resided for five years or more within the limits of Ledgersia; and
(d) is a natural-born citizen of Ledgersia.
5. Electoral law shall regulate the filling of vacancies that arise in the House of Representatives and, in cases in which there are important grounds for doing so, the temporary substitution of members.
6. (1) The House of Representatives shall, before proceeding to the dispatch of any other business, elect a person to be the Speaker and, whenever the office of the Speaker becomes vacant otherwise than by reason of the dissolution of Parliament, the House of Representatives shall not transact any other business until a person to fill that office has been elected.
(2) The Speaker shall be elected in accordance with the Standing Orders from among the members of the House of Representatives who are neither Ministers nor Deputy Ministers.
7. (1) The Speaker may at any time resign his office either by announcing his resignation in person to the House of Representatives or by notice in writing to the President.
(2) The Speaker shall vacate his office if he ceases to be a member of the House of Representatives or if he becomes a Minister or a Deputy Minister.
(3) The office of the Speaker shall become vacant if the House of Representatives, by an affirmative vote of not less than two-thirds of the total membership of the House of Representatives, resolves that the office of the Speaker shall become vacant.
(4) Any function of the Speaker, whether authorized by law or otherwise, which is required to be performed on the polling day after a dissolution of Parliament or between that day and the day when the House of Representatives first meets thereafter shall be performed by the person who was the Speaker immediately before that polling day: Provided that if at any time after the dissolution of Parliament the person who was the Speaker immediately before such dissolution relinquishes the functions of that office by notice in writing to the President or is for any reason unable to perform them, those functions shall be performed by the Deputy Speaker or, if the Deputy Speaker is unable to act, by some other person chosen by the House of Representatives in that behalf.
8. (1) After a general election and as soon as practicable after the election of the Speaker, the House of Representatives shall elect a member of the House of Representatives, not being a Minister or a Deputy Minister, to be the Deputy Speaker and, whenever the office of the Deputy Speaker becomes vacant otherwise than by reason of a dissolution of Parliament, the House of Representatives shall as soon as convenient elect another such member to that office.
(2) The Deputy Speaker shall be elected in accordance with the Standing Orders.
(3) The Deputy Speaker may at any time resign his office by notice in writing to the President and shall vacate his office if he ceases to be a member of the House of Representatives or if he becomes a Minister or a Deputy Minister.
(4) The office of the Deputy Speaker shall become vacant if the House of Representatives, by an affirmative vote of a majority of the members thereof, resolves that the office of the Deputy Speaker shall become vacant.
9. The Speaker or, when he is unable to act, the Deputy Speaker or, when they are both unable to act, a member of the House of Representatives, not being a Minister or a Deputy Minister, elected or appointed in accordance with the Standing Orders, shall preside over the deliberations of the House of Representatives.
10. The presence of at least forty members of the House of Representatives shall be necessary to constitute a meeting of the House for the exercise of its powers.
11. All questions in the House of Representatives shall be determined by a majority of votes of members present other than the Speaker or the presiding member, who shall, however, have and exercise a casting vote in the case of an equality of votes.
Part IV: Both Houses of Parliament
1. Every member of the Senate or the House of Representatives shall, before taking his seat, make and subscribe before the Senate or the House of Representatives, as the case may be, an oath in the following form:
"I, A.B., do hereby swear (or affirm) to be faithful to the Republic of Ledgersia, to hold my office with honor and dignity, to respect and uphold the Constitution and all other laws of the Republic, to consecrate myself to the service of the nation, and to perform the duties of my office conscientiously and to the best of my ability. So help me God."
(In case of affirmation, the last sentence will be omitted.)
2. Notwithstanding any dissolution of the Senate or the House of Representatives, whether by effluxion of time or otherwise:
(a) every person who at the date of the dissolution is a member of the body concerned shall remain a member thereof;
(b) the said body shall remain competent to perform its functions; and
(c) the President shall have power to summon Parliament for the dispatch of business;
during the period following such dissolution up to and including the day immediately preceding the polling day for the election held in pursuance of such dissolution, in the same manner in all respects as if the dissolution had not occurred.
3. (1) A member of the Senate who is elected as a member of the House of Representatives shall vacate his seat as a Senator with effect from the date on which he becomes a member of the House of Representatives.
(2) A member of the House of Representatives who is appointed as a Senator shall vacate his seat as a member of the House of Representatives with effect from the day on which he becomes a member of the Senate.
(3) A Minister or Deputy Minister who is a member of the Senate or the House of Representatives shall have the right to sit and speak both in the Senate and in the House of Representatives but shall vote only in the House of which he is a member.
4. No person shall be capable of being elected or appointed or of sitting as a member of the Senate or the House of Representatives, if he-
(a) has voluntarily acquired citizenship of a country other than Ledgersia or has made a declaration of allegiance to such a country; or
(b) is adjudged to be a lunatic or otherwise declared to be of unsound mind by a competent court; or
(c) is an undischarged bankrupt, having been adjudged or otherwise declared bankrupt under any law in force in Ledgersia; or
(d) is a member of the public service of Ledgersia or the public service of a State, a member of the armed forces, or the holder of any other office or emolument under Ledgersia; or
(e) is under a sentence of imprisonment exceeding six months imposed on him by such a court or substituted by competent authority for some other sentence imposed on him by such a court.
5. (1) The seat of a member of the Senate or the House of Representatives shall become vacant-
(a) if he resigns his seat by notice in writing to the President of the Senate or the Speaker, as the case may be, or, in the case of the death, incapacity, or absence from Ledgersia of the President of the Senate or the Speaker, to the Secretary to Parliament; or
(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 appointment to the Senate or election to the House of Representatives, as the case may be; or
(e) if he becomes subject to any of the disabilities mentioned in the previous section.
(2) The resignation of a member of the Senate or the House of Representatives shall not become effective to render the seat of that member vacant under the provisions of paragraph (b) of subsection (1) in any case in which-
(a) proceedings are pending in respect of that member's appointment or election, as the case may be, if it is alleged that illegal or corrupt practices took place at such appointment or election; or
(b) proceedings in the Senate or the House of Representatives, as the case may be, are contemplated or pending in respect of that member's conduct in or as a member of the Senate or the House of Representatives;
unless the Senate or the House of Representatives, as the case may be, by resolution accepts the resignation.
(3) For the purposes of paragraph (d) of subsection (1), a person shall not be deemed to have accepted a public office by reason of-
(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.
6. If any person who is by law incapable of sitting as a Senator or member of the House of Representatives shall, while so disqualified and knowing or having reasonable grounds for knowing that he is so disqualified, sit or vote as a member of the Senate or the House of Representatives, he shall be liable to a penalty of five hundred dollars for each day on which he shall so sit or vote, to be recovered on behalf of the Consolidated Revenue Fund by action of the Supreme Court.
Part V: General Powers and Procedure
1. (1) Parliament shall be the sovereign legislative power in and over Ledgersia.
(2) Parliament shall have power-
(i) to lay and collect taxes, duties, imposts, and excises for revenue, necessary to pay the debts, provide for the common defense, and carry on the Government of Ledgersia; but no bounties shall be granted from the Consolidated Revenue Fund; nor shall any duties or taxes on importations from foreign nations be laid to promote or foster any branch of industry; and all duties, imposts, and excises shall be uniform throughout Ledgersia; and all taxes shall be collected in gold and silver;
(ii) to borrow money on the public credit of Ledgersia;
(iii) to regulate trade and commerce with foreign nations; but neither this, nor any other clause contained in the Constitution, shall ever be construed to delegate the power to Parliament to appropriate money for any internal improvement intended to facilitate commerce;
(iv) to coin money and regulate the value thereof; but Parliament may not make anything but gold and silver coin a tender in payment of debts; and all appropriations of public monies shall be made in gold or silver;
(v) to provide for the punishment of counterfeiting the securities and current coin of Ledgersia;
(vi) to establish uniform laws on naturalization throughout Ledgersia;
(vii) to establish uniform laws on bankruptcy and insolvency throughout Ledgersia;
(viii) to constitute federal courts inferior to the Supreme Court;
(ix) to define and punish piracies and felonies committed on the high seas, and offenses against the law of nations;
(x) to raise and support an army, an air force, or an army and an air force, but only in time of war; and no appropriation of money to that use shall be permitted after the cessation of a time of war;
(xi) to declare war and to make peace;
(xii) to grant letters of marque and reprisal and make rules concerning captures on land, water, and in the air;
(xiii) to provide and maintain a navy;
(xiv) to make rules for the government and regulation of the armed forces;
(xv) to provide for calling forth the militia to suppress insurrections and repel invasion;
(xvi) to provide for organizing, arming, and disciplining the militia, and for governing such part of them as may be employed in the service of Ledgersia; reserving to the States, respectively, the appointment of the officers, and the authority of training the militia according to the discipline prescribed by Parliament; and
(xvii) to acquire property on just terms from any State or person for any purpose in respect of which Parliament has power to make laws.
(3) Parliament shall, subject to this Constitution, have exclusive power to make laws with respect to:
(i) the seat of Government of Ledgersia, and all places acquired by Ledgersia for public purposes;
(ii) matters relating to any department of the public service the control of which is by this Constitution transferred to the executive government of the Republic;
(iii) other matters declared by this Constitution to be within the exclusive power of Parliament.
2. Subject to the provisions of this Constitution, the Senate and the House of Representatives may, jointly or severally as may be appropriate, make Standing Orders with respect to-
(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; and
(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.
3. Subject to the other provisions of this Constitution, a law of the Legislature may make provision to determine and regulate the privileges, immunities, and powers of the Senate, the House of Representatives, and the members thereof.
4. (1) There shall be a Secretary to Parliament appointed by the Speaker after consulting the President of the Senate and subject to the approval of the House of Representatives.
(2) A person appointed as the Secretary to Parliament shall not be removable from office except in pursuance of a resolution by the House of Representatives.
(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 Ledgersia.
5. (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) When acting in terms of subsection (1) or (2) the President shall have regard to such constitutional conventions and practices referred to in subsection (2) of section eleven, if any, as are relevant or appropriate in the circumstances.
(4) The Senate and the House of Representatives may, either jointly or severally, pursuant to a resolution, invite any person to address the Senate or the Representatives or, as the case may be, a joint meeting of the Senate and the House of Representatives.
