Holy shit ANOTHER constitution

From Roach Busters

(Difference between revisions)
Line 71: Line 71:
 +
==<center>Chapter VI<br>Head of State</center>==
 +
'''1.''' The chief of state of _____ shall be the President of the Republic, hereinafter referred to as the President.
-
==<center>Chapter I<br>Head of State</center>==
+
'''2.''' 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. 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 fifteen days after the Electoral Commission of the Republic makes the corresponding statement within the term indicated in the following section. 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.
-
'''1.''' There shall be a President in and over _____ who shall be Commander-in-Chief of the Armed Forces of _____.
+
-
'''2.''' The President shall have such powers and duties as are conferred or imposed upon him by or under this Constitution or any other law of the Legislature.
+
'''3.''' (1) 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 Electoral Commission of the Republic shall immediately communicate the Speaker of the National Assembly and the President of the Senate the proclamation of the President-elect.
-
'''3.''' (1) The President shall be elected by an electoral college consisting of the members of the Senate and the House of Assembly, at a meeting to be called in accordance with the provisions of this section and presided over by the Chief Justice of _____ or a judge of appeal designated by him.
+
(2) Parliament, convened in public session ninety days after the first or sole election, with all members in attendance, shall take cognizance of the decision by virtue of which the Electoral Commission of the Republic proclaims the President-elect.
-
(2) The election of a President shall be held at a time and place to be fixed by the Speaker or (in his absence) the Secretary to the House of Assembly and made known by notice in the ''Gazette'' not less than fourteen days before such election.
+
(3) The President shall before assuming office make and subscribe an oath of office in the following form before the Chief Justice of _____ or a Judge of the Supreme Court of _____:
-
(3) The date so fixed shall be a date not less than one month and not more than three months before the termination of the period of office of the President then holding office: Provided that if the President dies or for any other reason vacates his office a date within three months after the office became vacant shall be so fixed.
+
"In the presence of Almighty God and in the full realization of the high calling I assume as President in the service of my people, I, A.B., do swear to be faithful to the Republic of _____ and do solemnly and sincerely promise at all times to promote that which will advance it, to oppose all that may harm it, and to dedicate myself to the welfare of its inhabitants, to obey, observe, uphold, and maintain the Constitution and all other Law of the Republic, to discharge my duties with all my strength and talents to the best of my knowledge and ability and true to the dictates of my conscience, to do justice unto all and to devote myself to the well-being of my people.
 +
<br>May the Almighty by His grace guide and sustain me in keeping this oath with honor and dignity.
 +
<br>So help me God."
-
(4) No person may be elected or serve as President unless he is qualified to be nominated or elected and to take his seat as a member of the Senate.
+
(4) The President shall upon assuming office cease to be a member of any political party, and shall not hold membership in any political party during his tenure as President.
-
(5) 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, shall vacate such office with effect from the date on which he is elected.
+
'''4.''' The term of office of the President is seven years. Re-election is permitted once. Consecutive re-election is not permitted.
-
'''4.''' (1) Nominations of candidates for election as President shall be called for at the meeting at which the election is to take place, by the person presiding thereat.
+
'''5.''' (1) The President shall cease to hold office on a resolution passed by two-thirds of the total membership of Parliament 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) Every nomination shall be submitted in the form prescribed and shall be signed by two members of the electoral college and also by the person nominated, unless he has in writing or by telegram signified his willingness to accept nomination.
+
(2) (a) No resolution shall be taken under sub-section (1), except after consideration of a report of a joint committee of the Senate and the National Assembly appointed in pursuance of a resolution of the National Assembly which has been concurred in by the Senate.
 +
<br>(b) The National Assembly shall not adopt a resolution that such a committee be appointed, unless there has previously been submitted to the Speaker of the National Assembly a petition signed by not less than one-fifth of the members of the National Assembly and requesting that such a committee be appointed.
 +
<br>(c) In connection with any resolution contemplated in paragraph (b) no debate shall be allowed either in the Senate or in the National Assembly.
-
(3) The persons duly nominated as provided in sub-section (2) shall be announced at the meeting at which the election is to take place by the person presiding thereat, and no debate shall be allowed at the election.
+
(3) In the event that the President is removed from office, he shall forever be ineligible for election or appointment to any public office whatsoever. Furthermore, he shall be liable and subject to indictment, trial, judgment, and punishment for any crimes committed during his tenure as President.
-
(4) If in respect of any election only one nomination has been received, the person presiding at the meeting shall declare the candidate in question to be duly elected.
+
'''6.''' The President may resign by lodging his resignation in writing with the Prime Minister.
-
(5) Where more than one candidate is nominated for election, a vote shall be taken by secret ballot, each member of the electoral college present at the meeting in question having one vote, and any candidate in whose favor a majority of all the votes cast is recorded, shall be declared duly elected by the person presiding at the meeting.
+
'''7.''' (1) The President shall not be absent from the Republic except with the prior consent of the Senate.
-
(6) (a) If no candidate receives a majority of all the votes so cast, the candidate who received the smallest number of votes shall be eliminated and a further ballot taken in respect of the remaining candidates, this process being repeated as often as may be necessary until a candidate receives a majority of all the votes cast and is declared duly elected.
+
(2) During any period when the office of the President is temporarily vacant or the President is absent from _____ or is for any reason unable to perform the functions of his office, those functions shall during that period be assumed and performed by such person as the Government may appoint.
-
<br>(b) Whenever two or more candidates being the lowest on the poll have received the same number of votes, the electoral college shall by separate vote, to be repeated as often as may be necessary, determine which of those candidates shall for the purposes of paragraph (a) be eliminated.
+
-
(7) (a) Whenever-
+
(3) Any person appointed in terms of sub-section (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.
-
<br>(i) only two candidates have been nominated; or
+
-
<br>(ii) after the elimination of one or more candidates in accordance with the provisions of this section, only two candidates remain,
+
-
<br>and there is an equality of votes between those two candidates, a further meeting shall be called in accordance with the provisions of section two, and the provisions of this section shall apply as if such further meeting were the first meeting called for the purposes of the election in question.
+
-
<br>(b) At the third meeting called in connection with any particular election, the person presiding at the meeting shall in the event of an equality of votes between any two candidates under the circumstances described in paragraph (a), have and exercise a casting vote.
+
-
(8) (a) The Speaker of the House of Assembly shall make rules in regard to the procedure to be observed at a meeting of the electoral college, including rules prescribing the form in which any nomination shall be submitted, and rules defining the duties of the presiding officer and of any person appointed to assist him and prescribing the manner in which the ballot at any such meeting shall be conducted.
+
(4) The President or any person acting as the President shall not, for the purpose of this section, be regarded as absent from _____ 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 six.
-
<br>(b) Any such rules shall be made known in such manner as the Speaker of the House of Assembly may consider necessary.
+
-
'''5.''' (1) (a) The President shall hold office for a period of seven years from the date upon which he takes the oath prescribed in section six, and shall not on termination of his period of office be eligible for re-election.
+
(5) Whenever the President-
-
<br>(b) He shall cease to hold office on a resolution passed by the Senate and by the House of Assembly 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 paragraph (b) of sub-section (1), except after consideration of a report of a joint committee of the Senate and the House of Assembly appointed in pursuance of a resolution of the House of Assembly which has been concurred in by the Senate.
+
(a) has occasion to be absent from the seat of government but not from _____; or
-
<br>(b) The House of Assembly shall not adopt a resolution that such a committee be appointed, unless there has previously been submitted to the Speaker of the House of Assembly a petition signed by not less than thirty members of the House of Assembly and requesting that such a committee be appointed.
+
-
<br>(c) In connection with any resolution contemplated in paragraph (b) no debate shall be allowed either in the Senate or in the House of Assembly.
+
-
 
+
-
(3) The President may resign by lodging his resignation in writing with the Prime Minister.
+
-
 
+
-
(4) The President shall not be absent from the Republic except with the prior consent of the Executive Council.
+
-
 
+
-
'''6.''' (1) During any period when the office of the President is vacant or the President is absent from _____ or is for any reason unable to perform the functions of his office, those functions shall during that period be assumed and performed by such person as the Executive Council may appoint.
+
-
 
+
-
(2) Any person appointed in terms of sub-section (1) 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.
+
-
 
+
-
(3) The President or any person acting as the President shall not, for the purpose of this section, be regarded as absent from _____ 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 six.
+
-
 
+
-
'''7.''' (1) Whenever the President-
+
-
 
+
-
(a) has occasion to be absent from the seat of Government but not from _____; or
+
<br>(b) has occasion to be absent from _____ for a period which he has reason to believe will not exceed one month; or
<br>(b) has occasion to be absent from _____ for a period which he has reason to believe will not exceed one month; or
<br>(c) is suffering from an illness which he has reason to believe will be of short duration;
<br>(c) is suffering from an illness which he has reason to believe will be of short duration;
Line 134: Line 116:
he may, by instrument under the Public Seal of _____, appoint any person in _____ 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.
he may, by instrument under the Public Seal of _____, appoint any person in _____ 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.
+
(6) 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.
-
(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.
+
(7) 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.
-
'''8.''' The President and any Acting President shall before assuming office make and subscribe an oath of office in the following form before the Chief Justice of _____ or a Judge of the Supreme Court of _____:
+
'''8.''' (1) Should the office of President fall permanently vacant by means of resignation, death, or removal, the Electoral Commission of the Republic shall schedule a presidential election to be held not later than thirty days after the date on which the office of President became vacant. In the meantime, the Government shall appoint a caretaker President to hold office until the date on which the newly elected President is inaugurated. The caretaker President shall in his capacity as caretaker exercise no power except for command-in-chief of the armed forces.
-
"In the presence of Almighty God and in the full realization of the high calling I assume as President/Acting President in the service of my people, I, A.B., do swear to be faithful to the Republic of _____ and do solemnly and sincerely promise at all times to promote that which will advance it, to oppose all that may harm it, and to dedicate myself to the welfare of its inhabitants, to obey, observe, uphold, and maintain the Constitution and all other Law of the Republic, to discharge my duties with all my strength and talents to the best of my knowledge and ability and true to the dictates of my conscience, to do justice unto all and to devote myself to the well-being of my people.
+
(2) The term of office of the person elected under the circumstances mentioned in sub-section (1) shall not be construed as a continuation of the unexpired portion of the term of the President in whose stead he has been elected, but shall be considered a new seven year term of office altogether.
-
<br>May the Almighty by His grace guide and sustain me in keeping this oath with honor and dignity.
+
-
<br>So help me God."
+
-
'''9.''' Any person who commits any act which is calculated to violate the dignity or injure the reputation of the President or Acting President or deputy shall be guilty of an offense and liable on conviction to a fine not exceeding two thousand dollars or imprisonment for a period not exceeding five years.
+
'''9.''' (1) There shall be paid to the President, in addition to any allowances appropriated from time to time by Parliament, and apart from any privileges which he may enjoy, a salary of twenty-five thousand dollars per annum.
-
'''10.''' (1) There shall be paid to the President out of and as a charge on the Consolidated Revenue Fund, in addition to any allowances appropriated from time to time by Parliament, and apart from any privileges which he may enjoy, a salary of twenty-five thousand dollars per annum.
+
(2) The salary of the President shall not be increased or diminished during his term of office.
-
(2) The salary of the President shall not be reduced during his term of office.
+
'''10.''' The President shall have only such powers and duties as are conferred or imposed upon him by or under this Constitution.
-
'''11.''' (1) There shall be paid out of and as a charge on the Consolidated Revenue Fund-
+
'''11.''' The command-in-chief of the armed forces is vested in the President.
-
<br>(a) to any person who at any time has occupied the office of President, a pension at the rate of six thousand dollars per annum;
+
-
<br>(b) to the widow of any such person, unless her marriage to him took place after the date on which he vacated office, a pension at the rate of two-thirds of the rate of the pension payable to such person.
+
-
(2) Any pension under sub-section (1) shall be payable-
+
'''12.''' (1) The President represents the state in international relations.
-
<br>(a) in the case of the President with effect from the day following that upon which he vacated office;
+
-
<br>(b) in the case of his widow, with effect from the day following that upon which she became a widow.
+
-
==<center>Chapter II<br>Executive Government</center>==
+
(2) The President appoints and accredits ambassadors and other diplomatic envoys, and receives and recognizes ambassadors and other diplomatic envoys accredited to the Republic.
-
'''12.''' (1) The executive government of _____ in regard to all aspects of its internal and external affairs is vested in the President, acting on the advice of the Executive Council.
+
-
(2) Save where otherwise expressly stated or necessarily implied, any reference in this Constitution to the President shall be deemed to be a reference to the President acting on the advice of the Executive Council.
+
(3) The President shall have power to ratify treaties and other international agreements with the concurrence of the Senate.
-
'''13.''' The President shall have power-
+
'''13.''' (1) The appointment and removal of all officers of the public service of the national government of the Republic shall be vested in the President, unless the appointment is delegated by the President or by a law of Parliament to some other authority.
-
<br>(a) to appoint and to accredit, to receive and to recognize ambassadors, plenipotentiaries, diplomatic representatives, and other diplomatic officers, consuls, and consular officers;
+
-
<br>(b) to enter into and ratify international conventions, treaties, and agreements;
+
-
<br>(c) to proclaim and to terminate martial law;
+
-
<br>(d) to declare war and to make peace; and
+
-
<br>(e) to confer honors and precedence.
+
-
'''14.''' (1) The President-
+
(2) The President shall not have power to appoint any officers of the public service of State or local governments.
-
<br>(a) acting in his discretion in the manner prescribed in provisio (ii) to sub-section (1) of section sixteen shall appoint a Prime Minister;
+
-
<br>(b) acting on the advice of the Prime Minister-
+
-
<br>(i) shall appoint other Ministers of the Government and may assign functions to such Ministers, including the administration of any Act or of any department of government; and
+
-
<br>(ii) may appoint Deputy Ministers of any specified department of government or of such other description as the President may determine.
+
-
(2) A Deputy Minister may be appointed to exercise or perform on behalf of a Minister any of the powers, functions, and duties entrusted to such Minister under any law or otherwise which may, subject to the directions of the President, be assigned to him from time to time by such Minister.
+
'''14.''' (1) The President shall have power to dissolve the National Assembly and call new elections. New elections shall be held no sooner than thirty days and no later than sixty days after the dissolution.
-
(3) A Minister or Deputy Minister appointed under paragraph (b) of sub-section (1) shall hold office during the pleasure of the President and may be removed from office by the President acting on the advice of the Prime Minister.
+
(2) The President may not dissolve the National Assembly more than once for the same reason.
-
(4) A person who holds office as a Minister or a Deputy Minister for any period of three consecutive months without also being a member of the Senate or of the House of Assembly shall cease to be a Minister or a Deputy Minister, as the case may be, at the end of that period:
+
(3) In the event that the President dissolves the National Assembly, he may not do so again until at least four months have elapsed since the last dissolution.
-
Provided that if that period expires at a time when Parliament is dissolved, he shall cease to be a Minister or a Deputy Minister, as the case may be, on the day when Parliament first meetings after the dissolution, unless he is-
+
'''15.''' The President appoints the Prime Minister and, on the advice of the latter, the Ministers of the Government.
-
(a) elected as a member of the House of Assembly at the general election following such dissolution; or
+
'''16.''' (1) The President may, subject to such lawful conditions as Parliament may fix:
-
<br>(b) elected or appointed as a member of the Senate immediately following that general election.
+
-
 
+
-
(5) A person who holds office as a Minister or a Deputy Minister and who is at no time while holding that office also a member of the House of Assembly or of the Senate shall be ineligible for reappointment as a Minister or a Deputy Minister before Parliament is next dissolved after he ceases to hold that office, unless in the meantime he has become a member of the Senate or of the House of Assembly.
+
-
 
+
-
(6) A Minister or a Deputy Minister may at any time by notice in writing addressed to the President and delivered to the Prime Minister resign his office.
+
-
 
+
-
(7) Any person appointed under this section shall, before entering upon his office, make and subscribe an oath before the President or a person designated by him, an oath in the following form:
+
-
 
+
-
"I, A.B., do hereby swear to be faithful to the Republic of _____ and undertake before God to honor this oath; to hold my office as Minister/Deputy Minister with honor and dignity; to respect and uphold the Constitution and all other Law 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.
+
-
<br>So help me God."
+
-
 
+
-
'''15.''' (1) To advise the President in the government of _____, there shall be an Executive Council consisting of the Prime Minister and such other persons, being Ministers, as the President, on the advice of the Prime Minister, may from time to time appoint.
+
-
 
+
-
(2) A member of the Executive Council shall hold office during the pleasure of the President and may be removed from office by the President, acting on the advice of the Prime Minister:
+
-
 
+
-
Provided that-
+
-
<br>(i) he shall cease to hold office if he ceases to be a Minister;
+
-
<br>(ii) he may at any time by notice in writing addressed to the President and delivered to the Prime Minister resign his office.
+
-
 
+
-
(3) Any person appointed under this section shall, before entering upon his office, make and subscribe an oath before the President or a person designated by him, an oath in the following form:
+
-
 
+
-
"I, A.B., do hereby swear to be faithful to the Republic of _____ and undertake before God to honor this oath; to hold my office as a member of the Executive Council with honor and dignity; to respect and uphold the Constitution and all other Law of the Republic; to be a true and faithful counsellor; not to divulge directly or indirectly any matters brought before the Executive Council which are entrusted to me under secrecy; and to perform the duties of my office conscientiously and to the best of my ability.
+
-
<br>So help me God."
+
-
 
+
-
'''16.''' (1) In the exercise of his functions the President shall act in accordance with the advice of the Executive Council or the appropriate Minister or the Prime Minister on behalf of the Ministers of the Government of _____, as the case may require, except where under this Constitution or any other law he is required to act in accordance with the advice of any other person or authority:
+
-
 
+
-
Provided that-
+
-
<br>(i) in exercising his powers in terms of section thirty-nine the President shall, subject to the provisions of sub-section (3) of that section, act in accordance with his own discretion;
+
-
<br>(ii) in appointing a Prime Minister in terms of paragraph (a) of sub-section (1) of section fourteen the President shall appoint the person who, in his opinion, is best able to command the support of a majority of the members of the House of Assembly;
+
-
<br>(iii) in exercising his powers in terms of sub-section (2) or sub-section (8) of section sixty-eight in relation to the Chief Justice the President shall act in accordance with his own discretion.
+
-
 
+
-
(2) Where the President is required to act in accordance with his own discretion or the advice of any specified person or authority, a court shall not, in any case, inquire into any of the following questions or matters-
+
-
<br>(a) on whose advice the President acted;
+
-
<br>(b) whether any advice was tendered or acted on;
+
-
<br>(c) the nature of any advice tendered;
+
-
<br>(d) the manner in which the President has exercised his discretion as referred to in the provisions of sub-section (1).
+
-
 
+
-
(3) Save where expressly provided that the President shall act in accordance with his own discretion, the provisions of this Constitution or any other law referring to the President shall be construed as referring to the President acting on the advice of the Executive Council or other authority as provided in this Constitution or that law, as the case may be, and where he acts on the advice of any other authority by or under this Constitution or any other law, that fact may be stated in the relevant instrument but no act of the President, acting within the powers conferred upon him by or under this Constitution or any other law, shall be invalid by reason of the omission to state on whose advice he has acted.
+
-
 
+
-
'''17.''' The President, acting on the advice of the Prime Minister, may constitute such offices for _____ as may lawfully be constituted and, subject to the provisions of this Constitution and of any other law, the President may-
+
-
<br>(a) make appointments, to be held during pleasure, to any office so constituted; and
+
-
<br>(b) dismiss any person so appointed or take such other disciplinary action in relation to him as the President may think fit.
+
-
 
+
-
'''18.''' (1) The President may, subject to such lawful conditions as he may deem fit:
+
(a) grant to any person concerned in or convicted of an offense against any law a pardon; or
(a) grant to any person concerned in or convicted of an offense against any law a pardon; or
-
 
+
<br>(b) grant to any person a respite, either indefinite or for a specified period, from the execution of any sentence passed on that person for such an offense; or
-
(b) grant to any person a respite, either indefinite or for a specified period, from the execution of any sentence passed on that person for such an offense; or
+
<br>(c) substitute a less severe form of punishment for that imposed by any sentence for such an offense; or
-
 
+
<br>(d) remit the whole or part of any sentence passed for such an offense or any penalty or forfeiture otherwise imposed on account of such an offense.
-
(c) substitute a less severe form of punishment for that imposed by any sentence for such an offense; or
+
-
 
+
-
(d) remit the whole or part of any sentence passed for such an offense or any penalty or forfeiture otherwise imposed on account of such an offense.
+
(2) Where a person resident in _____ has been convicted in a country outside _____ of an offense against a law in force in that country, the President may declare that that conviction shall not be regarded as a conviction for the purposes of this Constitution or any other law in force in _____.
(2) Where a person resident in _____ has been convicted in a country outside _____ of an offense against a law in force in that country, the President may declare that that conviction shall not be regarded as a conviction for the purposes of this Constitution or any other law in force in _____.
-
'''19.''' (1) The President may, at any time, by proclamation published in the ''Gazette'', declare that:
+
'''19.''' (1) The President may, at any time the public safety requires it, by proclamation published in the ''Gazette'', declare that:
(a) a state of public emergency exists; or
(a) a state of public emergency exists; or
-
 
+
<br>(b) a situation exists which, if it is allowed to continue, may lead to a state of public emergency.
-
(b) a situation exists which, if it is allowed to continue, may lead to a state of public emergency.
+
(2) A declaration in terms of subsection (1), if not sooner revoked, shall cease to have effect:
(2) A declaration in terms of subsection (1), if not sooner revoked, shall cease to have effect:
(a) in the case of a declaration made when Parliament is meeting for the transaction of business, at the expiration of a period of seven days beginning with the day of the publication of the proclamation in the ''Gazette'';
(a) in the case of a declaration made when Parliament is meeting for the transaction of business, at the expiration of a period of seven days beginning with the day of the publication of the proclamation in the ''Gazette'';
-
 
+
<br>(b) in any other case, at the expiration of a period of thirty days beginning with the day of the publication of the proclamation in the ''Gazette'';
-
(b) in any other case, at the expiration of a period of thirty days beginning with the day of the publication of the proclamation in the ''Gazette'';
+
unless, before the expiration of that period, the decision is approved by a resolution passed by both houses of Parliament:
unless, before the expiration of that period, the decision is approved by a resolution passed by both houses of Parliament:
Line 259: Line 176:
(a) is not approved by a resolution passed by the Parliament in pursuance of the provisions of subsection (2), the President shall forthwith after the Parliament has considered the resolution and failed to approve it or, if the Parliament has not considered the resolution, on the expiration of the appropriate period specified in subsection (2), by proclamation published in the ''Gazette'', revoke such declaration;
(a) is not approved by a resolution passed by the Parliament in pursuance of the provisions of subsection (2), the President shall forthwith after the Parliament has considered the resolution and failed to approve it or, if the Parliament has not considered the resolution, on the expiration of the appropriate period specified in subsection (2), by proclamation published in the ''Gazette'', revoke such declaration;
-
 
+
<br>(b) is approved by a resolution passed by the Parliament in pursuance of the provisions of subsection (2), such declaration shall, subject to the provisions of subsections (4) and (5), continue in force for a period of twelve months beginning with the day of the publication of the proclamation in the ''Gazette'':
-
(b) is approved by a resolution passed by the Parliament in pursuance of the provisions of subsection (2), such declaration shall, subject to the provisions of subsections (4) and (5), continue in force for a period of twelve months beginning with the day of the publication of the proclamation in the ''Gazette'':
+
Provided that, where the Parliament has in the resolution in pursuance of the provisions of subsection (2) specified that such declaration shall continue in force for a period of less than twelve months, the President shall, by proclamation published in the ''Gazette'', declare that the declaration shall, subject to the provisions of subsection (4), be revoked at the expiration of the period specified in the resolution.
Provided that, where the Parliament has in the resolution in pursuance of the provisions of subsection (2) specified that such declaration shall continue in force for a period of less than twelve months, the President shall, by proclamation published in the ''Gazette'', declare that the declaration shall, subject to the provisions of subsection (4), be revoked at the expiration of the period specified in the resolution.
Line 273: Line 189:
(a) beginning on the day the Parliament first meets after a prorogation or an adjournment in pursuance of the passing of a resolution such as is referred to in paragraph (b) and;
(a) beginning on the day the Parliament first meets after a prorogation or an adjournment in pursuance of the passing of a resolution such as is referred to in paragraph (b) and;
 +
<br>(b) ending on the day the Parliament next adjourns in pursuance of a resolution the purpose of which is that the Parliament shall stand adjourned for more than thirty days or on the day the Parliament is dissolved or prorogued, whichever is the sooner.
-
(b) ending on the day the Parliament next adjourns in pursuance of a resolution the purpose of which is that the Parliament shall stand adjourned for more than thirty days or on the day the Parliament is dissolved or prorogued, whichever is the sooner.
+
'''20.''' The President shall have power to confer or revoke honors, state awards, and diplomatic ranks.
[[Category:Nations|Constitution, Holy shit ANOTHER]]
[[Category:Nations|Constitution, Holy shit ANOTHER]]

Revision as of 08:55, 14 February 2009

Contents

Preamble

We, the States, in humble submission to Almighty God, each State acting in its sovereign and independent character, in order to establish government of the people, by the people, and for the people, and to secure to ourselves and our posterity the blessings of liberty, justice, equality, and the rule of law, do hereby ordain and promulgate this Constitution.

Chapter I
The National Territory

1. The national territory comprises the States, the city of _____, and all other territories over which _____ has sovereignty or jurisdiction.

2. _____, _____, _____, and _____ are the States of the Republic.

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.

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

_____ 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.

3. The capital of the Republic is the city of _____.

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

Chapter II
Form of Government

4. _____ is a federal parliamentary republic.

Chapter III
Citizens and Citizenship

5. 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.

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

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

8. 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.

9. Dual citizenship shall not be recognized.

Chapter IV
National Principles and Policies

10. 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.

The people shall exercise sovereignty as specified under this Constitution.

11. 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.

12. No person owes obedience to a usurper government or to anyone who assumes public office in violation of the Constitution and the law.

The acts of those who usurp public office by unconstitutional means are nugatory.

13. Public office is a public trust. Public officers and employees shall serve with the highest degree of responsibility, integrity, loyalty, and efficiency, and shall remain fully accountable to the people.

14. No person shall be above the law.

15. Every citizen is equal before the law.

No one shall be privileged, favored, prejudiced, deprived of any right or exempted from any duty on the basis of ancestry, sex, race, language, place of origin, religion, political or ideological beliefs, education, economic situation, social circumstances, or sexual orientation.

16. The protection of life, liberty, and property and the maintenance of peace and order shall be the prime duties of the government.

17. The multiparty system shall be inviolable. Political and ideological diversity shall be respected and guaranteed.

18. The separation of church and state shall be inviolable. All religious associations are equal before the law.

19. The Republic of _____ shall adhere to the principles of international law which are not contrary to the exercise of national sovereignty.

_____ 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.

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

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.

Chapter V
The Bill of Rights

Chapter VI
Head of State

1. The chief of state of _____ shall be the President of the Republic, hereinafter referred to as the President.

2. 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. 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 fifteen days after the Electoral Commission of the Republic makes the corresponding statement within the term indicated in the following section. 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.

3. (1) 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 Electoral Commission of the Republic shall immediately communicate the Speaker of the National Assembly and the President of the Senate the proclamation of the President-elect.

(2) Parliament, convened in public session ninety days after the first or sole election, with all members in attendance, shall take cognizance of the decision by virtue of which the Electoral Commission of the Republic proclaims the President-elect.

(3) The President shall before assuming office make and subscribe an oath of office in the following form before the Chief Justice of _____ or a Judge of the Supreme Court of _____:

"In the presence of Almighty God and in the full realization of the high calling I assume as President in the service of my people, I, A.B., do swear to be faithful to the Republic of _____ and do solemnly and sincerely promise at all times to promote that which will advance it, to oppose all that may harm it, and to dedicate myself to the welfare of its inhabitants, to obey, observe, uphold, and maintain the Constitution and all other Law of the Republic, to discharge my duties with all my strength and talents to the best of my knowledge and ability and true to the dictates of my conscience, to do justice unto all and to devote myself to the well-being of my people.
May the Almighty by His grace guide and sustain me in keeping this oath with honor and dignity.
So help me God."

(4) The President shall upon assuming office cease to be a member of any political party, and shall not hold membership in any political party during his tenure as President.

4. The term of office of the President is seven years. Re-election is permitted once. Consecutive re-election is not permitted.

5. (1) The President shall cease to hold office on a resolution passed by two-thirds of the total membership of Parliament 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 joint committee of the Senate and the National Assembly appointed in pursuance of a resolution of the National Assembly which has been concurred in by the Senate.
(b) The National Assembly shall not adopt a resolution that such a committee be appointed, unless there has previously been submitted to the Speaker of the National Assembly a petition signed by not less than one-fifth of the members of the National Assembly and requesting that such a committee be appointed.
(c) In connection with any resolution contemplated in paragraph (b) no debate shall be allowed either in the Senate or in the National Assembly.

(3) In the event that the President is removed from office, he shall forever be ineligible for election or appointment to any public office whatsoever. Furthermore, he shall be liable and subject to indictment, trial, judgment, and punishment for any crimes committed during his tenure as President.

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

7. (1) The President shall not be absent from the Republic except with the prior consent of the Senate.

(2) During any period when the office of the President is temporarily vacant or the President is absent from _____ or is for any reason unable to perform the functions of his office, those functions shall during that period be assumed and performed by such person as the Government may appoint.

(3) Any person appointed in terms of sub-section (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 _____ 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 six.

(5) Whenever the President-

(a) has occasion to be absent from the seat of government but not from _____; or
(b) has occasion to be absent from _____ 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 _____, appoint any person in _____ 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.

(6) 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.

(7) 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.

8. (1) Should the office of President fall permanently vacant by means of resignation, death, or removal, the Electoral Commission of the Republic shall schedule a presidential election to be held not later than thirty days after the date on which the office of President became vacant. In the meantime, the Government shall appoint a caretaker President to hold office until the date on which the newly elected President is inaugurated. The caretaker President shall in his capacity as caretaker exercise no power except for command-in-chief of the armed forces.

(2) The term of office of the person elected under the circumstances mentioned in sub-section (1) shall not be construed as a continuation of the unexpired portion of the term of the President in whose stead he has been elected, but shall be considered a new seven year term of office altogether.

9. (1) There shall be paid to the President, in addition to any allowances appropriated from time to time by Parliament, and apart from any privileges which he may enjoy, a salary of twenty-five thousand dollars per annum.

(2) The salary of the President shall not be increased or diminished during his term of office.

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

11. The command-in-chief of the armed forces is vested in the President.

12. (1) The President represents the state in international relations.

(2) The President appoints and accredits ambassadors and other diplomatic envoys, and receives and recognizes ambassadors and other diplomatic envoys accredited to the Republic.

(3) The President shall have power to ratify treaties and other international agreements with the concurrence of the Senate.

13. (1) The appointment and removal of all officers of the public service of the national government of the Republic shall be vested in the President, unless the appointment is delegated by the President or by a law of Parliament to some other authority.

(2) The President shall not have power to appoint any officers of the public service of State or local governments.

14. (1) The President shall have power to dissolve the National Assembly and call new elections. New elections shall be held no sooner than thirty days and no later than sixty days after the dissolution.

(2) The President may not dissolve the National Assembly more than once for the same reason.

(3) In the event that the President dissolves the National Assembly, he may not do so again until at least four months have elapsed since the last dissolution.

15. The President appoints the Prime Minister and, on the advice of the latter, the Ministers of the Government.

16. (1) The President may, subject to such lawful conditions as Parliament may fix:

(a) grant to any person concerned in or convicted of an offense against any law a pardon; or
(b) grant to any person a respite, either indefinite or for a specified period, from the execution of any sentence passed on that person for such an offense; or
(c) substitute a less severe form of punishment for that imposed by any sentence for such an offense; or
(d) remit the whole or part of any sentence passed for such an offense or any penalty or forfeiture otherwise imposed on account of such an offense.

(2) Where a person resident in _____ has been convicted in a country outside _____ of an offense against a law in force in that country, the President may declare that that conviction shall not be regarded as a conviction for the purposes of this Constitution or any other law in force in _____.

19. (1) The President may, at any time the public safety requires it, by proclamation published in the Gazette, declare that:

(a) a state of public emergency exists; or
(b) a situation exists which, if it is allowed to continue, may lead to a state of public emergency.

(2) A declaration in terms of subsection (1), if not sooner revoked, shall cease to have effect:

(a) in the case of a declaration made when Parliament is meeting for the transaction of business, at the expiration of a period of seven days beginning with the day of the publication of the proclamation in the Gazette;
(b) in any other case, at the expiration of a period of thirty days beginning with the day of the publication of the proclamation in the Gazette;

unless, before the expiration of that period, the decision is approved by a resolution passed by both houses of Parliament:

Provided that, if Parliament is dissolved during the period of thirty days referred to in paragraph (b), the declaration, unless sooner revoked, shall cease to have effect at the expiration of a period of sixty days beginning with the day of the publication of the proclamation in the Gazette unless, before the expiration of that period, the declaration is approved by a resolution passed by both houses of Parliament.

(3) Where a declaration in terms of subsection (1):

(a) is not approved by a resolution passed by the Parliament in pursuance of the provisions of subsection (2), the President shall forthwith after the Parliament has considered the resolution and failed to approve it or, if the Parliament has not considered the resolution, on the expiration of the appropriate period specified in subsection (2), by proclamation published in the Gazette, revoke such declaration;
(b) is approved by a resolution passed by the Parliament in pursuance of the provisions of subsection (2), such declaration shall, subject to the provisions of subsections (4) and (5), continue in force for a period of twelve months beginning with the day of the publication of the proclamation in the Gazette:

Provided that, where the Parliament has in the resolution in pursuance of the provisions of subsection (2) specified that such declaration shall continue in force for a period of less than twelve months, the President shall, by proclamation published in the Gazette, declare that the declaration shall, subject to the provisions of subsection (4), be revoked at the expiration of the period specified in the resolution.

(4) If the Parliament resolves that it considers it expedient that a declaration in force in terms of this section should be continued in force for a further period not exceeding twelve months, the President shall forthwith, by proclamation published in the Gazette, extend such declaration for such further period as may be so resolved.

(5) The Parliament may at any time resolve that a declaration in force under this section should be revoked and the President shall forthwith, by proclamation published in the Gazette, revoke such declaration.

(6) A declaration in terms of this section may be continued in force in terms of this section notwithstanding that such declaration has previously been continued in force in terms of this section.

(7) For the purposes of this section the Parliament shall be regarded as meeting for the transaction of business during a period:

(a) beginning on the day the Parliament first meets after a prorogation or an adjournment in pursuance of the passing of a resolution such as is referred to in paragraph (b) and;
(b) ending on the day the Parliament next adjourns in pursuance of a resolution the purpose of which is that the Parliament shall stand adjourned for more than thirty days or on the day the Parliament is dissolved or prorogued, whichever is the sooner.

20. The President shall have power to confer or revoke honors, state awards, and diplomatic ranks.

Retrieved from "http://editthis.info/roach_busters/Holy_shit_ANOTHER_constitution"
Personal tools