Constitution of Ledgersia
From Roach Busters
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Chapter 1
The Head of State
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.
Chapter 3: The Legislature
Part I
20. The legislative power of Ledgersia shall be vested in the Legislature which call consist of the President and the Parliament.
21. The Parliament of Ledgersia shall consist of a Senate and a House of Representatives.
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.
