Constitution of Ledgersia
From Roach Busters
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 House of Representatives;
(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) (i) 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 the Prime Minister or a member of the Cabinet designated by the Prime Minister on his behalf.
(ii) The absence of a countersignature as provided in proviso (i) of this subsection shall render any instrument signed by the President of the Republic legally invalid.
(iii) Laws promulgated by the President of the Republic shall not require a countersignature.
(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 President of the Council of Ministers 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 President of the Council of Ministers;
(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 the House of Representatives;
(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 government of Ledgersia in regard to any aspect of its domestic or foreign affairs shall be exercised by the Council of Ministers.
22. The Council of Ministers shall consist of the President of the Council of Ministers and the Ministers appointed under section twenty-three for the time being holding office.
23. (1) 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, to be the President of the Council of Ministers.
(2) The President of the Republic, acting on the advice of the President of the Council of Ministers, shall appoint persons not exceeding four in number to administer such departments of state as the President of the Council of Ministers may determine.
24. (1) No person may be appointed President of the Council of Ministers unless he is at the time of his appointment a member of the House of Representatives or the Senate.
(2) No person may be appointed as a Minister unless he is at the time of his appointment a member of the House of Representatives or the Senate.
(3) The President of the Council of Ministers or a Minister shall cease to hold office if he ceases to be a member of the House of Representatives or the Senate, as the case may be.
25. Ministers shall hold office during the pleasure of the President of the Council of Ministers and may be removed from office by the President of the Republic on the proposal of the President of the Council of Ministers.
26. (1) The President of the Council of Ministers may resign his office by lodging his resignation in writing with the President of the Republic.
(2) A Minister may resign his office by notice in writing to the President of the Council of Ministers.
(3) The President of the Council of Ministers or a Minister may resign his office without vacating his seat in the House of Representatives or the Senate, as the case may be.
27. (1) The President of the Council of Ministers shall determine the general policy of the government and set the guidelines of national policy. He shall ensure unity in political and administrative policies and promote and coordinate the activity of the Council of Ministers.
(2) Within the limits of the general policy determined by the President of the Council of Ministers, each Minister shall conduct the business of his department autonomously and on his own responsibility.
28. Each member of the Council of Ministers shall before assuming his duties as a member thereof make and subscribe an oath before the President of the Republic in the following form:
I, A.B., do hereby swear (or affirm) to be faithful to the Republic of Ledgersia and to hold my office as a member of the Council of Ministers with honor and dignity; to respect and uphold the Constitution and all other laws of the Republic; to be a true and faithful counsellor; 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 may be omitted.)
29. (1) The President of the Council of Ministers shall be responsible to the President of the Republic and, within the ambit of the political responsibility of the Council of Ministers, to the House of Representatives.
(2) Members of the Cabinet shall be responsible to the President of the Council of Ministers and, within the ambit of the political responsibility of the Council of Ministers, to the House of Representatives.
30. (1) Within at most ten days of its appointment, the Council of Ministers shall be obliged to request a vote of confidence by the House of Representatives.
(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 House of Representatives may decide to withdraw its confidence from the Council of Ministers or from a Minister. A motion of censure may not be submitted before the lapse of six months from the rejection by the House of Representatives of such a motion. A motion of censure must be signed by at least one quarter of the number of all the members of the House of Representatives in full exercise of their office and must explicitly state the subjects on which the debate is to be held.
(4) A motion of censure may, exceptionally, be submitted before the lapse of six months, if it is signed by the majority of the total number of members of the House of Representatives in full exercise of their office.
(5) The debate on a motion of confidence or censure shall commence two days after the motion is submitted, unless, in the case of a motion of censure, the President of the Council of Ministers requests its immediate commencement; in all cases the debate may not be prolonged for more than three days from its commencement.
(6) The vote on a motion of confidence or censure shall be held immediately after the termination of the debate; it may, however, be postponed for forty-eight hours if the President of the Council of Ministers so requests.
(7) A motion of confidence or censure shall be adopted only if it is approved by an absolute majority of the total number of members of the House of Representatives in full exercise of their office.
31. The Council of Ministers shall resign upon-
(a) the beginning of a new legislature;
(b) acceptance by the President of the Republic of the resignation of the President of the Council of Ministers;
(c) the death or lasting physical or mental incapacitation of the President of the Council of Ministers;
(d) rejection, by either the House of Representatives or the Senate, of any bill which appropriates revenue or moneys for the ordinary annual requirements or services of the government;
(e) the failure of any confidence motion;
(f) the passage of a motion of censure by an absolute majority of all the members of the House of Representatives in full exercise of their office.
32. (1) No member of the Council of Ministers shall be detained, arrested, or imprisoned without the authorization of at least two-thirds of the total number of members of the house of Parliament of which that person is a member, save for a serious crime punishable by imprisonment for a maximum term of more than three years and in flagrante delicto.
(2) In the event that criminal proceedings are brought against any member of the Council of Ministers and he is definitively charged, the house of Parliament of which that person is a member shall decide whether or not that person shall be suspended so that the proceedings can take their course. In the case of a crime of the type referred to in the previous subsection, the House of Representatives or the Senate, as the case may be, shall obligatorily suspend him.
33. (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
NUMBERS TO BE UPDATED
Part I - Parliament
32. 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
33. (1) The Senate shall be composed of:
(a) ten Senators from each State, appointed by the legislature thereof, at the regular session next immediately preceding the commencement of the term of service;
(b) former Presidents of the Republic who should have served for six consecutive years in that capacity, except for the occurrence of the situations described in section twelve;
(c) the candidate who received the second largest number of votes in the previous presidential election.
(2) The Senators referred to in paragraph (a) of subsection (1) shall remain in office for a period of eight years and they shall be replaced alternately every four years. Those representing odd-numbered States shall be replaced in one period, and those representing even-numbered States shall be replaced in the following period.
(3) The Senators referred to in paragraph (b) of subsection (1) shall hold their positions in their own right for life, without prejudice that incompatibilities, incapacities, and grounds for removal described in section fifty-six may be applied. They shall not, however, be eligible for appointment to the Council of Ministers.
(4) The Senator referred to in paragraph (c) of subsection (1) shall remain in office for a period of eight years.
34. Each Senator referred to in paragraph (a) of subsection (1) of section thirty-three shall hold his seat during the pleasure of the State legislature by which he was appointed. A Senator may be removed from office at any time and for whatever cause by the State legislature by which he was appointed.
(2) If the seat of a Senator referred to in paragraph (a) of subsection (1) of section thirty-three becomes vacant from whatever cause, the State legislature which appointed him 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.
35. No person shall be qualified to be appointed as a Senator in terms of paragraph (a) of subsection (1) of section thirty-three unless he is a citizen of Ledgersia by birth, has attained thirty years of age, is registered as a voter or is qualified to be registered as such, and has resided for at least five years within the limits of the State by which he shall be appointed.
36. The Senate may from time to time establish standing committees for various matters as it may deem fit, and any member of the Cabinet 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.
37. The Prime Minister or any member of the Cabinet 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.
38. (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, 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.
(3) 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 of the Republic.
(4) The President of the Senate shall vacate his office if he ceases to be a member of the Senate.
(5) 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.
39. (1) As soon as practicable after the election of the President of the Senate, the Senate shall elect a member of the Senate to be the Deputy President of the Senate and, whenever the office of the Deputy President of the Senate becomes vacant, 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 of the Senate and shall vacate his office if he ceases to be a member of the Senate.
(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.
40. 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 elected or appointed in accordance with the Standing Orders, shall preside over the deliberations of the Senate.
41. The presence of at least fifteen members of the Senate, other than those Senators referred to in paragraphs (b) and (c) of subsection (1) of section thirty-three shall be necessary to constitute a meeting of the Senate for the exercise of its powers.
42. 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
43. The House of Representatives shall be composed of one hundred and seventy-five members directly chosen by the voters of Ledgersia as hereinafter provided.
44. (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 of the constituencies 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.
45. (1) Every House of Representatives shall continue for five years from the first meeting thereof and no longer, but may be sooner dissolved by the President.
(2) 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 the House of Representatives as the President may in that proclamation fix.
(3) 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.
(4) 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.
46. No person shall be qualified to be elected as a member of the House of Representatives unless he is a citizen of Ledgersia by birth, has attained twenty-five years of age, is registered as a voter or is qualified to be registered as such, and has resided for at least five years within the limits of the constituency by which he shall be elected.
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.
47. (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, other than the Prime Minister and the Cabinet.
(3) 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 of the Republic.
(4) The Speaker shall vacate his office if he ceases to be a member of the House of Representatives or if he is appointed Prime Minister or becomes a member of the Cabinet.
(5) 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.
48. (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 the Prime Minister or a member of the Cabinet, 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 Speaker and shall vacate his office if he ceases to be a member of the House of Representatives or if he is appointed Prime Minister or becomes a member of the Cabinet.
(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.
49. 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.
50. 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.
51. 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
52. 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 may be omitted.)
53. 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 of the Republic 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.
54. (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) The Prime Minister and the members of the Cabinet shall have the right to sit and speak both in the Senate and in the House of Representatives but shall the right to vote only in the House of Representatives.
55. 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.
56. (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 Prime Minister or a member of the Cabinet; 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.
57. 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
58. (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 Federal 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) external affairs;
(iv) national defense; and
(v) other matters declared by this Constitution to be within the exclusive power of Parliament.
59. 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.
60. Subject to the other provisions of this Constitution, a law of Parliament may make provision to determine and regulate the privileges, immunities, and powers of the Senate, the House of Representatives, and the members thereof.
61. (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 increased or decreased 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.
62. (1) The President of the Republic or the Prime Minister 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 of the Republic or the Prime Minister may send messages to the Senate or the House of Representatives and any such message shall be read by a member of the Cabinet designated by the President of the Republic or the Prime Minister, as the case may be, at the first convenient sitting of the the Senate or the House of Representatives, as the case may be, after it is received.
(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.
Part VI - Procedure in Regard to Bills
63. to be added
