Holy shit ANOTHER constitution

From Roach Busters

Chapter I
Head of State

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 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) 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 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.

(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.

(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. (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.

(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.

(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.

(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.

(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.

(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.
(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-
(i) only two candidates have been nominated; or
(ii) after the elimination of one or more candidates in accordance with the provisions of this section, only two candidates remain,
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.
(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.
(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.
(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.
(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.
(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
(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.

(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.

(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.

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 _____:

"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.
May the Almighty by His grace guide and sustain me in keeping this oath with honor and dignity.
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.

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 reduced during his term of office.

11. (1) There shall be paid out of and as a charge on the Consolidated Revenue Fund-
(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;
(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-
(a) in the case of the President with effect from the day following that upon which he vacated office;
(b) in the case of his widow, with effect from the day following that upon which she became a widow.

Chapter II
Executive Government

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.

13. The President shall 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;
(c) to proclaim and to terminate martial law;
(d) to declare war and to make peace; and
(e) to confer honors and precedence.

14. (1) The President-
(a) acting in his discretion in the manner prescribed in provisio (ii) to sub-section (1) of section sixteen shall appoint a Prime Minister;
(b) acting on the advice of the Prime Minister-
(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
(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.

(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.

(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:

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-

(a) elected as a member of the House of Assembly at the general election following such dissolution; or
(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.
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-
(i) he shall cease to hold office if he ceases to be a Minister;
(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.
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-
(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;
(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;
(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-
(a) on whose advice the President acted;
(b) whether any advice was tendered or acted on;
(c) the nature of any advice tendered;
(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-
(a) make appointments, to be held during pleasure, to any office so constituted; and
(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

(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, 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.