Constitution of Ledgersia

From Roach Busters

Chapter 1
The Head of State

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

11. (1) Whenever the President-
(a) has occasion to be absent from the seat of Government but not from Ledgersia; or
(b) has occasion to be absent from Ledgersia for a period which he has reason to believe will not exceed one month; or
(c) is suffering from an illness which he has reason to believe will be of short duration;

he may, by instrument under the Public Seal of Ledgersia, appoint any person in Ledgersia to be his deputy during such absence or illness, and in that capacity to perform on his behalf such of the functions of the office of the President as may be specified in that instrument.

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

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

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

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

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