Constitution of Ledgersia

From Roach Busters

Chapter 1
The Head of State

1. There shall be a President in and over Ledgersia who shall be the Head of State.

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

3. The command-in-chief of the armed forces shall be vested in the President.

4. The President shall be the representative of the nation in both domestic affairs and international relations.

5. The President shall, subject to the provisions of this Constitution, have power-
(a) To appoint and to accredit, to receive and to recognize ambassadors, plenipotentiaries, diplomatic representatives, and other diplomatic officers, consuls, and consular officers.
(b) To enter into and ratify international conventions, treaties, and agreements; but no international convention, treaty, or agreement shall be valid and effective unless concurred in by at least two-thirds of all the members of the Senate.
(c) To declare war and to make peace; but no declaration of war shall be made without the prior consent of at least two-thirds of the members of both houses, in joint session assembled.
(d) To appoint the times for the holding of sessions of Parliament and to prorogue Parliament.
(e) To dissolve the Senate or the House of Representatives or the Senate and the House of Representatives simultaneously.
(f) To pardon or reprieve offenders, either unconditionally or subject to such conditions as Parliament may fix, and to remit any fines, penalties, or forfeitures.
(g) To confer and revoke honors, military ranks, diplomatic awards, and precedence.
(h) To make such appointments as he may deem fit under powers conferred upon him by any law, unless the appointment is delegated by the President or by a law of Parliament to some other authority.

6. No person may be elected or serve as President unless he is qualified to be appointed and to take his seat as a member of the Senate.

7. (1) The President shall be elected from among the members of the Senate by a vote of at least two-thirds of the total membership of the Senate for a term of seven years from the date he takes his oath of office, which shall not be sooner than thirty days nor later than ten days before the expiration of the term of office of the incumbent President. The President shall, upon taking his oath of office, cease to be a Senator and of any political party. Nor shall he join any political party at any time during his period in office.

(2) If, for the purposes of this section, no Senator receives the vote of at least two-thirds of the total membership of the Senate, the process shall be repeated twice. If, after the third ballot, a Senator still fails to receive the vote of at least two-thirds of the members, a simple majority shall be sufficient.

(3) The President shall not, in addition to the presidency, hold any other public office in respect of which he receives any renumeration or allowance out of public funds.

(4) The President shall not on termination of his period of office be eligible for re-election.

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

(2) (a) No resolution shall be taken under sub-section (1), except after consideration of a report of a committee of the Senate appointed in pursuance of a resolution of the Senate.
(b) The Senate shall not adopt a resolution that such a committee be appointed, unless there has previously been submitted to the Chairman of the Senate a petition signed by not less than one-fifth of the members of the Senate and requesting that such a committee be appointed.

(3) In connection with any resolution contemplated in paragraph (b) of sub-section (2) no debate shall be allowed in the Senate.

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

10. (1) The President shall not be absent from the Republic except with the prior consent of the Executive Council.

(2) During any period when the office of the President is vacant or the President is absent from Ledgersia or is for any reason unable to perform the functions of his office, those functions shall during that period be assumed and performed by the Chairman of the Senate or, if the office of Chairman of the Senate is vacant or the holder of that office is unable to act, the Speaker or, if his office is vacant or he is unable to act, such person as the Executive Council may appoint.

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

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

(5) In the event of the death or permanent disability of the President, the Senate shall elect a new President not later than twenty-five days after the death of the President.

11. (1) Whenever the President-
(a) has occasion to be absent from the seat of Government but not from Ledgersia; or
(b) has occasion to be absent from Ledgersia 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 Ledgersia, appoint any person in Ledgersia to be his deputy during such absence or illness, and in that capacity to perform on his behalf such of the functions of the office of the President as may be specified in that instrument.

(2) The power and authority of the President shall not be abridged, altered, or in any way affected by the appointment of a deputy under this section and a deputy shall conform to and observe all instructions that the President may from time to time address to him, provided that the question whether or not a deputy has in any matter conformed to or observed any such instructions shall not be inquired into in any court.

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

12. Before entering on any of the duties of his office the President or Acting President, as the case may be, shall take the oaths of loyalty and for the due execution of his office in the forms set out in the First Schedule, which oaths shall be administered by the Chief Justice or another judge of the Supreme Court.

13. (1) There shall be charged upon and paid out of the Consolidated Revenue Fund to the President and any Acting President such salary as may from time to time be prescribed by a law of the Legislature and such allowances as may be prescribed by or under any such law.

(2) The salary payable to the President or an Acting President shall not be increased nor diminished during his continuance in office.

Part II: The Senate

Section 1. The Senate shall be composed of Senators for each State, appointed by the legislature of the State.

Section 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.

Section 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.

Section 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.

Section 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.

Section 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.

Section 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.

Section 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.

Section 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.

Section 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.

Section 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.

Section 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

Section 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.

Section 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 may 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 deputies 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 of the same nature. 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.

Section 3. 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.

Section 4. Whenever the seat of a member becomes vacant, whether in consequence of his resignation or otherwise, 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 Ledgersia, the presiding member may issue the writ.

Section 5. (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.

Section 6. (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.

Section 7. (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.

Section 8. 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.

Section 9. 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.

Section 10. 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.