Constitution (alternate version)

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Revision as of 02:43, 4 February 2009

Chapter 1
The National Territory

Article 1. The national territory comprises the states, the city of _____, and all other territories over which _____ has sovereignty or jurisdiction, consisting of its terrestrial, fluvial, and aerial domains, including its territorial sea, the seabed, the subsoil, the insular shelves, and other submarine areas.

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

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

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

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

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

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

Chapter 2
Citizenship

Article 4. The following are citizens of _____:

(a) Those who are citizens of _____ at the time of the adoption of this Constitution;

(b) Those whose fathers or mothers are citizens of _____; and

(c) Those who are naturalized in accordance with law.

Article 5. Natural-born citizens are those who are citizens of _____ from birth without having to perform any act to acquire or perfect their _____ citizenship.

Article 6. _____ citizenship may be lost or reacquired in the manner provided by law.

Article 7. Citizens of _____ who marry aliens shall retain their citizenship, unless by their act or omission, they are deemed, under the law, to have renounced it.

Article 8. Dual citizenship shall not be recognized.

Chapter 3
Declaration of Principles and State Policies

Article 9. ______ is an independent, sovereign, secular, federal, republican state.

Article 10. (1) The principle governing the Republic is "government of the people, by the people and for the people."

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

Article 11. The protection of life, liberty, and property and the maintenance of peace and order are the prime duties of the government.

Article 12. The separation of church and state shall be inviolable.

Article 13. (1) The Republic of _____ shall adhere to the principles of international law which are not contrary to the exercise of national sovereignty.

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

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

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

Article 14. The Constitution is the supreme law of the Republic. All laws inconsistent with the Constitution shall, to the extent of such inconsistency, be null and void.

Chapter 4
The Bill of Rights

Article 15. Every person shall be equal under the law and shall enjoy the same rights and be subject to the same duties, without distinction as to color, race, ethnic group, gender, place of birth, religion, sexual orientation, ideology, level of education, or economic or social status.

Article 16. No person shall be deprived of life, liberty, or property without due process of law.

Article 17. (1) No law shall be passed abridging the freedom of speech, of expression, or of the press, or the right of the people peaceably to assemble and petition the government for redress of grievances.

(2) There shall be no censorship.

Article 18. (1) Every person shall be guaranteed freedom of conscience and freedom of religion, including the right to profess, individually or together with others, any religion, or to profess no religion at all, and to freely choose, possess, and disseminate religious and other views and act according to them.

(2) No religious test shall be required for the exercise of civil or political rights.

Article 19. (1) Every person shall have the right to remain faithful to his opinions or beliefs.

(2) A person's beliefs shall not excuse a violation of the law.

(3) No person shall be held legally responsible because of his opinions of beliefs, nor shall any person be compelled to change them.

Article 20. The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures, of whatever nature and for any purpose, shall be inviolable, and no search warrant or warrant of arrest shall issue except upon probable cause to be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce, and particularly describing the place to be searched and the persons or things to be seized.

Article 21. (1) The privacy of communication and correspondence shall be inviolable, except upon lawful order of the court.

(2) Any evidence obtained in violation of this or the preceding Article shall be inadmissible for any purpose in any proceeding.

Every person has the right to have and to carry arms for his security and legitimate defense. The law will indicate which arms are prohibited and the penalty for those that will carry prohibited arms.

(1) Every person has a right to private property, whether personal or owned in association with others.

(2) Private property, whether individually or collectively owned, is inviolable.

(3) The right to property may not be interfered with except in public interest, in circumstances and procedures determined by law and subject to fair and prior compensation.

The right of inheritance shall be guaranteed.

Chapter 5
Suffrage

Chapter 3
The National Congress

Part I: General

Section 1. Legislative power shall be vested in the National Congress, which shall consist of the Senate and the Chamber of Deputies.

Section 2. Parliament shall have full power to make laws for the peace, order, and good government of the Republic.

Section 3. The President of the Republic may appoint such times for holding the sessions of Parliament as he thinks fit, and may also from time to time, by proclamation or otherwise, prorogue Parliament, and may in like manner dissolve the Senate or the National Assembly or the Senate and the National Assembly simultaneously, provided that the dissolution of the Senate shall not affect any senators nominated by the President of the Republic.

Section 4. After any general election the Parliament shall be summoned to meet not later than thirty days after the day appointed for the return of the writs.

Section 5. There shall be a session of Parliament once at least in every year so that a period of twelve months shall not intervene between the last sitting of Parliament in one session and its first sitting in the next session.

Part II: The Senate

Section 1. The Senate shall be composed of members appointed by the legislatures of each of the states of the Republic. Each state shall appoint ten senators, in the manner determined by the constitution of the state concerned.

Section 2. Senators shall remain in office for a period of six years and they shall be replaced alternately every three 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.

Section 3. A Senator may be removed at any time from office by the legislature of the state from which he was appointed, by a vote of two-thirds of the members of the legislature concerned. In the event of such removal, the state legislature shall, as soon as practicable, appoint a Senator 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 4. No member of the Senate shall serve for more than two terms, consecutive or otherwise.

Section 5. The Senate shall, before proceeding to the dispatch of any other business, choose a Senator to be President of the Senate, and as often as the office of President becomes vacant the Senate shall again choose a Senator to be the President.

The President of the Senate shall cease to hold office if he ceases to be a Senator and he may be removed from the Presidency of the Senate by a vote of two-thirds of the members of the Senate, or he may resign as President of the Senate by writing under his hand addressed to the President of the Republic.

Prior to or during the absence of the President of the Senate, the Senate may choose a Senator to perform his duties in his absence.

Section 6. A Senator may, by writing under his hand addressed to the President of the Senate, resign his seat, which thereupon shall become vacant.

Whenever the seat of a Senator becomes vacant, whether in consequence of his resignation or otherwise, the legislature of the state from which the Senator was appointed shall, as soon as practicable, appoint a Senator 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 7. All questions in the Senate shall be determined by a majority of votes of Senators present other than the President of the Senate or the presiding Senator, who shall, however, have and exercise a casting vote in the case of an equality of votes.

Part III: The Chamber of Deputies

Section 1. The Chamber of Deputies shall be composed of 150 members, directly chosen by the voters of the Republic in constituencies delimited as hereinafter provided.

Section 2. (1) ______ shall be divided into as many constituencies as there are members of the Chamber of Deputies in such manner as the competent authority, acting with the approval of each house of Congress signified by resolution, may prescribe.

(2) No constituency shall form part of more than one state and the boundaries of each constituency shall be such that the number of inhabitants thereof is as nearly equal to the population quota as is reasonably practicable, provided that the number of inhabitants of a constituency may be greater or less than the population quota in order to take account of means of communication, geographical features, the distribution of different communities, and the boundaries of the states.

(3) The competent authority shall review the division of ______ into constituencies at intervals of not less than five and not more than ten years and may alter the constituencies in accordance with the provisions of this section to such extent as it may consider desirable in the light of the review: Provided that that authority may at any time carry out such a review and alter the constituencies in accordance with the provisions of this section to such extent as it considers necessary.

(4) Where the boundaries of any constituency established under this section are altered in accordance with the provisions of this section, that alteration shall come into effect after the expiration of the full term of all the members of Congress approving such alteration.

(5) In this section "population quota" means the number obtained by dividing the number of the inhabitants of _____ by the number of constituencies into which _____ is divided under this section.

(6) For the purposes of this section the number of inhabitants of _____ or any part thereof shall be ascertained by reference to the latest census of the population of _____.

(7) In this section "the competent authority" means the Electoral Commission of the Republic or such other authority consisting of a chairman appointed by the President of the Republic, and of members appointed in like manner to represent the states (each state being equally represented) as may be established in that behalf by Congress.

Section 3. (1) Every constituency established under Section 2 shall return to the Chamber of Deputies one member who shall be directly elected in such manner as may be prescribed by Congress.

(2) The registration of voters and the conduct of elections shall be subject to the direction and supervision of the Electoral Commission of the Republic.

Section 4. Deputies shall remain in office for a period of four years.

Section 5. A Deputy may be recalled by the electorate of the constituency from which he was elected, as provided in this Section.

A petition to recall the Deputy must be signed by not less than fifty thousand electors of the constituency concerned, and delivered to the President of the Chamber of Deputies.

An election to determine whether to recall the Deputy and, if appropriate, to elect a successor shall be called by the President of the Chamber of Deputies and held not less than 30 days nor more than 60 days from the date of certification of sufficient signatures.

If a majority of the electorate votes in favor of recalling the Deputy, the Deputy shall thereupon resign his office, and, if there is a candidate, the candidate who receives a plurality shall succeed the Deputy. The candidate elected to succeed the Deputy shall hold his seat until the completion of the period for which the Deputy in whose stead he was elected would have held the seat.

If a majority of the electorate does not in favor of recalling the Deputy, a new petition to recall the Deputy may not be submitted sooner than 100 days after the conclusion of the election last held for the purpose of deciding whether to recall the Deputy.

at any time from office by the electorate of the constituency from which he was elected, by a vote of 50,000 electors. In the event of such removal, Congress shall, as soon as practicable, 

legislature of the state from which he was appointed, by a vote of two-thirds of the members of the legislature concerned. In the event of such removal, the state legislature shall, as soon as practicable, appoint a Senator 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 4. No member of the Senate shall serve for more than two terms, consecutive or otherwise.

(a) Eight senators nominated by the President of the Republic, of whom two shall be nominated from each state.

(b) Ten senators from each state, appointed by the legislature thereof.

(c) 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 paragraph 3 of No 1 of Article 49 of this Constitution. These Senators shall hold their positions in their own right for life, without prejudice that incompatibilities, incapacities and grounds for suspension described in Articles 55, 56 and 57 of this Constitution may be applied.

Section 2. (1) The senators nominated by the President of the Republic in terms of paragraph (a) of section 1 shall hold their seats for five years.

(2) The President of the Republic shall when nominating senators have regard to the desirability of ensuring that the senate will as far as practicable consist of persons having knowledge of matters affecting the various inhabitants of the Republic.

(3) If the seat of a senator so nominated becomes vacant, the President of the Republic shall nominate another person to .

Section 3. (1) The senators appointed in terms of paragraph (b) of section 1 shall hold their seats for five years unless the Senate be sooner dissolved.

(2) If the seat of a senator so appointed becomes vacant, the sitting members of the state legislature concerned shall elect 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.

Part III: The National Assembly

Section 1. The Chamber of Deputies shall be composed of 150 members, directly chosen by the voters of the Republic in constituencies delimited as hereinafter provided.

Section 2. (1) ______ shall be divided into as many constituencies as there are members of the Chamber of Deputies in such manner as the competent authority, acting with the approval of each house of Congress signified by resolution, may prescribe.

(2) No constituency shall form part of more than one state and the boundaries of each constituency shall be such that the number of inhabitants thereof is as nearly equal to the population quota as is reasonably practicable, provided that the number of inhabitants of a constituency may be greater or less than the population quota in order to take account of means of communication, geographical features, the distribution of different communities, and the boundaries of the states.

(3) The competent authority shall review the division of ______ into constituencies at intervals of not less than five and not more than ten years and may alter the constituencies in accordance with the provisions of this section to such extent as it may consider desirable in the light of the review: Provided that that authority may at any time carry out such a review and alter the constituencies in accordance with the provisions of this section to such extent as it considers necessary.

(4) Where the boundaries of any constituency established under this section are altered in accordance with the provisions of this section, that alteration shall come into effect after the expiration of the full term of all the members of Congress approving such alteration.

(5) In this section "population quota" means the number obtained by dividing the number of the inhabitants of _____ by the number of constituencies into which _____ is divided under this section.

(6) For the purposes of this section the number of inhabitants of _____ or any part thereof shall be ascertained by reference to the latest census of the population of _____.

(7) In this section "the competent authority" means the Electoral Commission of the Republic or such other authority consisting of a chairman appointed by the President of the Republic, and of members appointed in like manner to represent the states (each state being equally represented) as may be established in that behalf by Congress.

Section 3. (1) Every constituency established under section 2 of this Constitution shall return to the Chamber of Deputies one member who shall be directly elected in such manner as may be prescribed by Congress.

(2) The registration of voters and the conduct of elections shall be subject to the direction and supervision of the Electoral Commission of the Republic.

No person shall be qualified for selection as a senator or election to the National Assembly:

(a) If he has voluntarily acquired citizenship of a country other than _____ or has made a declaration of allegiance to such a country;

(b) If under any law in force in any part of _____ he is adjudged to be a lunatic or otherwise declared to be of unsound mind;

(c) If he is under a sentence of death imposed on him by any court of law in _____ or a sentence of imprisonment (by whatever name called) 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;

(d) If he is an undischarged bankrupt, having been adjudged or otherwise declared bankrupt under any law in force in any part of _______;

(e) Save as otherwise provided by Parliament, if he is a member of the public service of the Republic or the public service of a state, a member of the armed forces, or the holder of any other office or emolument under the Republic.

Electoral Commission of the Republic

Section 1. There shall be an Electoral Commission for the Republic.

Section 2. The members of the Electoral Commission of the Republic shall be:

(a) A Chief Electoral Commissioner, who shall be chairman; and

(b) Five members from each state.

Section 3. The members of the Electoral Commission of the Republic shall be appointed by the President of the Republic, acting in accordance with the advice of the Prime Minister.

Section 4. Before tendering any advice for the purposes of this section in relation to the appointment of the member of the Electoral Commission of the Republic representing a state, the Prime Minister shall consult the governor of that state.

Section 5. A person shall not be qualified to hold the office of a member of the Electoral Commission of the Republic if he is a member of either house of Parliament, a member of a legislative house of a state, a Minister of the Government of the Republic, a Minister of the Government of a state, or a member of the public service of the Republic or the public service of a state.

Section 6. Subject to the provisions of this section, a member of the Electoral Commission of the Republic shall vacate his office:

(a) At the expiration of five years from the date of his appointment; or

(b) If any circumstances arise that, if he were not a member of the Commission, would came him to be disqualified for appointment as such.

Section 7. (1) A member of the Electoral Commission of the Republic may be removed from office by the President of the Republic, acting in accordance with the advice of the Prime Minister, for inability to discharge the functions of his office (whether arising from infirmity of mind or body or any other cause) or for misbehavior.

(2) A member of the Electoral Commission of the Republic shall not be removed from office except in accordance with the provisions of this section.

Section 8. In the exercise of its functions under this Constitution the Electoral Commission of the Republic shall not be subject to the direction or control of any other person or authority.

The President shall be elected by direct ballot, with an absolute majority of the votes validly cast. The election shall be held ninety days before the end of the administration of the President then holding office in the manner determined by law. 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, in the manner determined by law, fifteen days after the Elections Qualifying Court makes the corresponding statement within the term indicated in the following Article. This election shall be limited to the two candidates with the highest relative majorities. In relation to the provisions contained in the two preceding paragraphs, blank and null and void votes will be considered as if they had not been cast.

Article 27.- The process of qualification of the presidential election is to be concluded within forty days following the first election or within twenty-five days following the second election. The Elections Qualifying Court shall immediately communicate the President of the Senate the proclamation of the President-elect. Plenary Congress convened in public session ninety days after the first or sole election, with the members in attendance, shall take cognizance of the decision by virtue of which the Elections Qualifying Court proclaims the President-elect. In this same act, the President-elect shall be bound by oath before the President of the Senate to faithfully perform his duties as President of the Republic, to preserve the independence of the Nation, comply with and enforce compliance with the Constitution and the law, and he shall take office immediately thereafter.

Article 28.- Should the President-elect be unable to take office, the President of the Senate shall assume, in the meantime, in the capacity of Vice-President of the Republic; in his absence, the President of the Supreme Court, and in the absence of the latter, the President of the Chamber of Deputies. Nevertheless, should the inability of the President-elect be absolute or should it continue indefinitely, the Vice-President within the term of ten days following the Senate agreement adopted in accordance with Article 49, No 7, shall issue the appropriate orders for steps to be taken within a period of sixty days to proceed with a new election in the manner prescribed for by the Constitution and the Electoral law.

Article 29.- If, because of temporary incapacity, either illness, absence from the country or some other serious reason, the President of the Republic is unable to hold office, he shall be replaced by the incumbent Minister of State as Vice-President of the Republic, in accordance with the order of legal precedence. In the absence of such Minister, the Minister who follows in the order of precedence shall succeed him; and in the absence of all of them, the President of the Senate, the President of the Supreme Court and the President of the Chamber of Deputies, successively, shall substitute for him. In case of vacancy in the Presidency of the Republic, the successor shall be appointed by the Senate with an absolute majority of its members in office and shall remain in office until the next general election of members of Congress when a new presidential election shall be held for the period referred to in the second paragraph of Article 25. The Senate shall make its appointment within ten days following the date of the vacancy. In the meantime, the substitution procedures referred to in the preceding paragraph shall apply. The President thus designated may not become a candidate in the following presidential election.

Article 30.- The President shall leave office on the same day on which his term is completed and shall be succeeded by the newly-elected President.

Article 31.- The President designated by the Senate, or, as the case may be, the Vice-President of the Republic, shall have all the authority which the Constitution confers upon the President of the Republic; however, he shall not be empowered to dissolve the Chamber of Deputies.