Another Constitution

From Roach Busters

Contents 1 Chapter The Head of State 2 Chapter The Government 3 Chapter:Parliament 3.1 Part I: General 3.2 Part II: The Senate 3.3 Part III: The National Assembly 3.4 Part IV: Both Houses of Parliament 3.5 Part V: Powers of Parliament 3.6 Part VI: Limitations on Parliament 4 Chapter The Judiciary

Chapter
The Head of State

Section 1. The head of state of _____ shall be the President.

Section 2. (1) The President shall be elected by an electoral college consisting of the members of the Senate and the National 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 of the National Assembly or (in his absence) the Secretary to Parliament 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-
(a) is at least thirty-five years of age;
(b) is a natural-born citizen of _____;
(c) has resided for ten years within the limits of the Republic;
(d) is in full enjoyment of his political and civil rights.

(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.

Section 3. (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 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 National 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 National Assembly may consider necessary.

Section 4. (1) (a) The President shall hold office for a period of six 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 National 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 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) 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 Senate.

Section 5. Whenever the office of President is vacant or the President is for any reason unable to perform the duties of his office, the Chairman of the Senate shall serve as Acting President, and, if the office of Chairman of the Senate is vacant or the holder of that office is unable to act, the Speaker of the National Assembly or, if his office is vacant or he is unable to act, a person appointed by the Government shall serve as Acting President.

Section 6. 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 _____:

"I, A.B., do swear (or affirm) 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 laws 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. So help me God."

(In case of affirmation, the last sentence will be omitted)

Section 7. (1) There shall be paid to the President out of and as a charge on the Federal Treasury, in addition to any allowances appropriated from time to time by Parliament, and apart from any privileges which he may enjoy, a salary of seventy-five thousand dollars per annum.
(2) The salary of the President shall not be increased nor diminished during his term of office.

Section 8. The President shall have only such powers and duties as are conferred or imposed upon him by or under this Constitution.

Section 9.

Section 10. The will and pleasure of the President shall be expressed in writing under his signature

Section 11. 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.

Section 12. The President 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.

Section 13. (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 _____.

18. (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 the National Assembly 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 the National Assembly:

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 the National Assembly.

(3) Where a declaration in terms of subsection (1):
(a) is not approved by a resolution passed by the National Assembly in pursuance of the provisions of subsection (2), the President shall forthwith after the National Assembly has considered the resolution and failed to approve it or, if the National Assembly 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 National Assembly 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 National Assembly 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 National Assembly 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 National Assembly 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 National Assembly shall be regarded as meeting for the transaction of business during a period:
(a) beginning on the day the National Assembly 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 National Assembly next adjourns in pursuance of a resolution the purpose of which is that the National Assembly shall stand adjourned for more than thirty days or on the day the National Assembly is dissolved or prorogued, whichever is the sooner.

Chapter
The Government

Section 1. The executive government of the Republic in regard to any aspect of its domestic or foreign affairs shall be vested in the Government.

Section 2. (1) The Government shall consist of the Prime Minister, Ministers, and Deputy Ministers appointed under section three for the time being holding office.

(2) The Prime Minister shall determine, and be responsible for, general policy. Within the limits of this general policy, each Minister shall conduct the business of his department autonomously and on his own responsibility.

Section 3. (1) The President shall, after consulting the National Assembly, appoint the person who, in his opinion, is best able to command the support of a majority of the Assembly, to be the Prime Minister. The Prime Minister shall hold office during the pleasure of the President.

(2) The President, acting on the advice of the Prime Minister-
(a) 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
(b) may appoint Deputy Ministers of any specified department of government or of such other description as the President may determine.

(3) 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.

(4) A Minister or Deputy Minister appointed under sub-section (2) 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.

(5) No member of the Government shall hold office unless he is a member of the Senate or the National Assembly.

(6) 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, in the following form:

"I, A.B., do hereby swear (or affirm) to be faithful to the Republic, to hold my office with honor and dignity, to respect and uphold the Constitution and all other laws of the Republic, to consecrate myself to the service of the nation, and to perform the duties of my office conscientiously and to the best of my ability. So help me God."

(In case of affirmation, the last sentence will be omitted)

Section 4. Whenever a Minister is from any cause whatever unable to perform any of the functions of his office, the President may appoint any other member of the Government to act in the said Minister's stead, either generally or in the performance of any particular function.

Section 5. (1) The Prime Minister may at any time by notice in writing addressed to the President resign his office.

(2) 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.

Section 6. (1) The Prime Minister shall be responsible to the President and, within the ambit of the Government’s political responsibility, to Parliament.

(2) The Deputy Prime Minister, if any, and Ministers shall be responsible to the Prime Minister and, within the ambit of the Government’s political responsibility, to Parliament.

(3) Deputy Ministers, if any, shall be responsible to the Prime Minister and to their respective Ministers.

Section 7. (1) The Government shall, within ten days of its appointment, submit its program to the National Assembly for consideration, by means of a Prime Ministerial statement. The program shall set out the main political guidelines and the measures that are to be adopted or proposed in the various areas of governance.

(2) In the event that the National Assembly is not in full session, the Speaker shall obligatorily summon it for this purpose.

(3) The debate shall not last for more than three days, and until it is closed, any parliamentary group may make a motion rejecting the program, and the Government may request the passage of a confidence motion.

(4) Rejection of the program shall require an absolute majority of all the members of the National Assembly in full exercise of their office.

Section 8. The Government may ask the National Assembly to pass a motion of confidence in relation to a statement of general policy or any important matter of national interest.

Section 9. (1) Upon the initiative of one quarter of all the members in full exercise of their office or of any parliamentary group, the National Assembly may subject the Government to no confidence motions in relation to the implementation of its program or to any important matter of national interest.

(2) No confidence motions shall only be considered forty-eight hours after they are made, and the debate thereon shall last for no more than three days.

(3) If a no confidence motion is not passed, its signatories may not make another such motion during the same legislative session.

Section 10. The Government shall resign upon:
(a) the beginning of a new legislature; or
(b) acceptance by the President of the Prime Minister's resignation; or
(c) the Prime Minister’s death or lasting physical incapacitation; or
(d) rejection of the Government's program; or
(e) the failure of any confidence motion; or
(f) passage of a no confidence motion by an absolute majority of all the members of the National Assembly in full exercise of their office.

Section 11. (1) A member of the Government shall cease to hold office if he ceases to be a member of the Senate or the National Assembly, as the case may be.

(2) A member of the Government may resign for any cause without vacating his seat in the Senate or the National Assembly, as the case may be.

Section 12. Members of the Government may not hold any other salaried office, nor engage in a trade, nor practice a profession, nor belong to the management or, without the consent of Parliament, to the board of directors of an enterprise carried on for profit.

Section 13. (1) The salaries and emoluments of the Prime Minister, Ministers, and Deputy Ministers shall be fixed by law and may not be increased or decreased during their tenure of office. Until otherwise provided by law, Prime Minister shall earn an annual compensation of fifty thousand dollars; the Deputy Prime Minister, if any, and Ministers shall each receive an annual compensation of forty thousand dollars; and the Deputy Ministers, if any, shall each receive an annual compensation of thirty-five thousand dollars.

(2) The Prime Minister and Ministers shall not, in addition to the compensation mentioned in the preceding sub-section, receive any compensation they would otherwise be entitled to as members of the Senate or the National Assembly, whichever the case may be, unless they first resign from the Government.

Chapter:
Parliament

Part I: General

Section 1. Legislative power shall be vested in Parliament, which shall consist of the Senate and the National Assembly.

Section 2. The President 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 National Assembly.

Section 3. There shall be a session of Parliament once at least in every year, so that 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. (1) The Senate shall be composed of senators for each State, chosen by the legislature of the State.

(2) Until Parliament otherwise provides there shall be ten senators for each State. Parliament may make laws increasing or diminishing the number of senators for each State, but so that equal representation of the several States shall be maintained and that no State shall have less than ten senators.

Section 2. (1) The senators shall be chosen for a term of eight years, and the names of the senators chosen for each State shall be certified by the Governor to the President.

(2) If the seat of a senator becomes vacant, the legislature for the State concerned shall appoint a person to hold the seat until the completion of the period for which the person in whose stead he is appointed would have held the seat.

Section 3. The Senate may proceed to the dispatch of business, notwithstanding the failure of any State to provide for its representation in the Senate.

Section 4. The Senate may from time to time establish standing committees for various matters as it may deem fit, and any Minister or Deputy Minister may at any time with due regard to the rules of the Senate, move that any matter be referred to such a committee for investigation and report.

Section 5. The Prime Minister or any Minister acting on his behalf shall at the commencement of each session of Parliament as circumstances may require, make known what bills are to be introduced in the Senate during that session.

Section 6. No person shall be qualified to be a senator unless he-
(a) is at least thirty-five years of age;
(b) is qualified to be registered as a voter for the election of members of the National Assembly in the State concerned;
(c) has resided for five years within the limits of the State concerned; and
(d) is a natural-born citizen of the Republic in full enjoyment of his political and civil rights.

Section 7. (1) The Senate shall, before proceeding to the dispatch of any other business, elect a senator, not being a Minister or a Deputy Minister, to be the Chairman of the Senate, and as often as the office of Chairman becomes vacant the Senate shall again choose a senator to be the Chairman.

(2) The Chairman of the Senate may at any time resign his office either by announcing his resignation in person to the Senate or by notice in writing to the Secretary to Parliament.

(3) The Chairman of the Senate shall vacate his office if he ceases to be a senator or if he becomes a Minister or a Deputy Minister.

(4) The office of the Chairman of the Senate shall become vacant if the Senate, by an affirmative vote of not less than two-thirds of the total membership of the Senate, resolves that the office of the Chairman of the Senate shall become vacant.

(5) Prior to or during the absence of the Chairman of the Senate, the Senate may choose a senator, not being a Minister or a Deputy Minister, to perform his duties in his absence.

Section 8. A senator may, by writing under his hand addressed to the Chairman of the Senate, resign his seat, which thereupon shall become vacant.

Section 9. Whenever the seat of a senator becomes vacant, whether in consequence of his resignation or otherwise, the Chairman of the Senate, or in his absence the presiding senator, shall notify the legislature of the State in the representation of which the vacancy has happened, and the legislature shall as soon as practicable cause steps to be taken to have the vacancy filled.

Section 10. Until Parliament otherwise provides, the presence of at least one-third of the whole number of the senators shall be necessary to constitute a meeting of the Senate for the exercise of its powers.

Section 11. All questions in the Senate shall be determined by a majority of votes of senators present other than the Chairman 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 National Assembly

Section 1. The National Assembly shall be composed of 175 members, directly chosen by the voters of the Republic in electoral districts delimited as hereinafter provided.

Section 2. (1) ______ shall be divided into as many electoral districts as there are members of the National Assembly in such manner as the competent authority, acting with the approval of each house of Parliament signified by resolution, may prescribe.

(2) No electoral district shall form part of more than one State and the boundaries of each electoral district 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 an electoral district 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 electoral districts at intervals of not less than five and not more than ten years and may alter the electoral districts 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 electoral districts in accordance with the provisions of this section to such extent as it considers necessary.

(4) Where the boundaries of any electoral district 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 Parliament 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 electoral districts 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 Federal Electoral Commission.

Section 3. (1) Every electoral district established under Section 2 shall return to the National Assembly one member who shall be directly elected in such manner as may be prescribed by Parliament.

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

(3) Until Parliament otherwise provides, the qualification of electors of members of the National Assembly shall be in each State that which is prescribed by the law of the State as the qualification of electors of the more numerous house of the legislature of the State; but in the choosing of members each elector shall vote only once.

Section 4. No person shall be qualified to be a member of the National Assembly unless he-
(a) is at least twenty-five years of age;
(b) is qualified to be registered as a voter for the election of members of the National Assembly in the State in which the electoral district for which he is elected is located;
(c) has resided for two years within the limits of the electoral district concerned; and
(d) is a natural-born citizen of the Republic in full enjoyment of his political and civil rights.

Section 5. (1) Every National Assembly shall continue for four years from the first meeting thereof, but may at any time be dissolved by the President of the Republic by proclamation in the Gazette.

(2) A general election of members of the National Assembly shall be held on such day within a period not exceeding four months after the issue of a proclamation dissolving the Assembly as the President of the Republic may in that proclamation fix.

(3) At any general election of members of the National Assembly, all polls shall be taken on one and the same day in all the constituencies throughout the Republic, such day to be appointed by the President of the Republic.

(4) After any general election the National Assembly shall assemble not later than thirty days after the day appointed for the return of the writs.

Section 6. (1) The National Assembly shall, before proceeding to the dispatch of any other business, elect a member, not being a Minister or a Deputy Minister, to be the Speaker of the National Assembly, and as often as the office of Speaker becomes vacant the National Assembly shall again choose a member to be the Speaker.

(2) The Speaker of the National Assembly may at any time resign his office either by announcing his resignation in person to the National Assembly or by notice in writing to the Secretary to Parliament.

(3) The Speaker of the National Assembly shall vacate his office if he ceases to be a member of the National Assembly or if he becomes a Minister or a Deputy Minister.

(4) The office of the Speaker of the National Assembly shall become vacant if the National Assembly, by an affirmative vote of not less than two-thirds of the total membership of the National Assembly, resolves that the office of the Speaker of the National Assembly shall become vacant.

(5) Prior to or during the absence of the Speaker of the National Assembly, the National Assembly may choose a member, not being a Minister or a Deputy Minister, to perform his duties in his absence.

Section 7. A member may, by writing under his hand addressed to the Speaker of the National Assembly, resign his seat, which thereupon shall become vacant.

Section 8. Whenever the seat of a member becomes vacant, whether in consequence of his resignation or otherwise, the Speaker shall issue his writ for the election of a new member, or if there is no Speaker or if he is absent from the Republic, the presiding member may issue the writ.

Section 9. Until Parliament otherwise provides, the presence of at least one-third of the whole number of the members of the National Assembly shall be necessary to constitute a meeting of the National Assembly for the exercise of its powers.

Section 10. All questions in the National Assembly shall be determined by a majority of votes of members present other than the Speaker of the National Assembly or the presiding member, who shall, however, have and exercise a casting vote in the case of an equality of votes.

Part IV: Both Houses of Parliament

Section 1. Every senator and every member of the National Assembly shall, before taking his seat, make and subscribe before the Chief Justice, or some person authorized by him, an oath in the following form:

"I, A.B., do hereby swear (or affirm) to be faithful to the Republic of _____, to hold my office with honor and dignity, to respect and uphold the Constitution and all other laws of the Republic, to consecrate myself to the service of the nation, and to perform the duties of my office conscientiously and to the best of my ability. So help me God."

(In case of affirmation, the last sentence will be omitted)

Section 2. Notwithstanding any dissolution of the Senate or the National Assembly, whether by effluxion of time or otherwise:
(a) every person who at the date of the dissolution is a member of the body concerned shall remain a member thereof;
(b) the said body shall remain competent to perform its functions; and
(c) the President shall have power to summon Parliament for the dispatch of business,

during the period following such dissolution up to and including the day immediately preceding the polling day for the election held in pursuance of such dissolution, in the same manner in all respects as if the dissolution had not occurred.

Section 3. (1) A member of the Senate who is elected as a member of the National Assembly shall vacate his seat as a senator with effect from the date on which he becomes a member of the National Assembly.

(2) A member of the National Assembly who is appointed as a member of the Senate shall vacate his seat as a member of the National Assembly with effect from the date on which he becomes a member of the Senate.

(3) A Minister or a Deputy Minister who is a member of the Senate or the National Assembly and a member of the Senate shall have the right to sit and speak in the Senate and in the National Assembly, but shall vote only where he is a member.

Section 4. (1) No person shall be capable of being elected or appointed or of sitting as a member of the Senate or the National Assembly, if he-
(a) has voluntarily acquired citizenship of a country other than _____ or has made a declaration of allegiance to such a country; or
(b) is adjudged to be a lunatic or otherwise declared to be of unsound mind by a competent court; or
(c) is an undischarged bankrupt, having been adjudged or otherwise declared bankrupt under any law in force in any part of the Republic; or
(d) 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; or
(e) is under a sentence of imprisonment exceeding six months imposed on him by such a court or substituted by competent authority for some other sentence imposed on him by such a court.

(2) Paragraph (d) shall not apply to the office of any of the Ministers or Deputy Ministers of the Government.

Section 5. If a senator or a member of the National Assembly:
(a) becomes subject to any of the disabilities mentioned in Section 4; or
(b) ceases to be qualified as required by law; or
(c) fails for a whole ordinary session to attend without the special leave of the Senate or the National Assembly, whichever the case may be;

his seat shall thereupon become vacant.

Section 6. If any person who is by law incapable of sitting as a senator or member of the National Assembly shall, while so disqualified and knowing or having reasonable grounds for knowing that he is so disqualified, sit or vote as a member of the Senate or the National Assembly, he shall be liable to a penalty of five hundred dollars for each day on which he shall so sit or vote, to be recovered on behalf of the Federal Treasury by action of the Supreme Court.

Section 7. (1) There shall be a Secretary to Parliament appointed by the Speaker of the National Assembly after consulting the Chairman of the Senate and subject to the approval of the National Assembly.

(2) A person appointed as the Secretary to Parliament shall not be removable from office except in pursuance of a resolution by the National Assembly.

(3) The salary of the Secretary to Parliament shall not be reduced during his continuance in office.

(4) Subject to any wishes which may be expressed from time to time by the National Assembly, the Speaker shall, after consulting the Chairman of the Senate, appoint such number of other staff of Parliament as the Speaker may from time to time consider necessary.

(5) The staff of Parliament shall be appointed on terms of service approved from time to time by the National Assembly and shall be deemed to be public officers but shall not form part of the civil service of the government of _____.

Section 8. Senators and members of the National Assembly shall, unless otherwise provided by law, receive an annual compensation of twenty-five thousand dollars each, including per diems and other emoluments or allowances and exclusive only of traveling expenses to and from their respective electoral districts in the case of members of the National Assembly, and to and from their places of residence in the case of senators, when attending sessions of Parliament. No increase in said compensation shall take effect until after the expiration of the full term of all the members of the Senate and of the National Assembly approving such increase. Until otherwise provided by law, the Chairman of the Senate and the Speaker of the National Assembly shall each receive an annual compensation of thirty thousand dollars.

Section 9. All senators and members of the National Assembly shall, upon assumption of office, make a full disclosure of their financial and business interests. They shall notify the house concerned of a potential conflict of interest that may arise from the filing of a proposed legislation of which they are authors.

Section 10. A senator or member of the National Assembly shall, in all cases except treason, felony, and breach of the peace, be privileged from arrest while Parliament is in session. No member shall be questioned nor be held liable in any other place for any speech or debate in Parliament or in any committee thereof.

Section 11. No senator or member of the National Assembly shall directly or indirectly be financially interested in any contract with the government or any subdivision or instrumentality thereof, or in any franchise or special privilege granted by Parliament during his term of office. He shall not appear as counsel before court in any civil case wherein the government or any subdivision or instrumentality thereof is the adverse party, or in any criminal case wherein an officer or employee of the government is accused of an offense committed in relation to his office, or collect any fee for his appearance in any administrative proceedings; or accept employment to intervene in any cause or matter where he may be called upon to act on account of his office.

Section 12. (1) The Senate or the National Assembly may make rules and orders with respect to the order and conduct of its business and proceedings.

(2) If a joint sitting of the Senate and the National Assembly is required, it shall be convened by the President by message to the Senate and to the National Assembly.

(3) At any joint sitting referred to in sub-section (2) the Speaker of the National Assembly shall preside and the rules of the National Assembly shall, as far as practicable, apply.

Section 13. (1) The President may at any time-
(a) attend and address the Senate or the National Assembly; or
(b) call a joint meeting of the Senate and the National Assembly and attend and address such joint meeting.

(2) The President may send messages to the Senate or the National Assembly and any such message shall be read by a Minister designated by the President at the first convenient sitting of the the Senate or the National Assembly, whichever the case may be, after it is received.

(3) The Senate and the National Assembly may, either jointly or separately, pursuant to a resolution, invite any person to address the Senate or the National Assembly or, as the case may be, a joint meeting of the Senate and the National Assembly.

Section 14. On the dissolution of Parliament all proceedings pending at the time shall be terminated and accordingly every bill, motion, petition, or other business shall lapse.

Part V: Powers of Parliament

Section 1. (1) Parliament shall have power to make laws with respect to-
(i) trade and commerce with foreign nations;
(ii) taxation; but so as not to discriminate between States or parts of States;
(iii) borrowing money on the public credit of the Republic;
(iv) bankruptcy and insolvency;
(v) currency, coinage, and legal tender;
(vi) weights and measures;
(vii) census and statistics;
(viii) naturalization and aliens;
(ix) immigration and emigration;
(x) the influx of criminals;
(xi) quarantine;
(xii) the naval and military defense of the Republic, and the control of the forces to execute and maintain the laws of the Republic;
(xiii) external affairs;
(xiv) the acquisition of property on just terms from any State or person for any purpose in respect of which Parliament has power to make laws;
(xv) the service and execution throughout the Republic of the civil and criminal process and the judgments of the courts of the States; and
(xvi) the recognition throughout the Republic of the laws, the public Acts and records, and the judicial proceedings of the States.

(2) Parliament shall, subject to this Constitution, have exclusive power to make laws with respect to:
(i) the seat of government of the Republic, and all places acquired by the Republic for public purposes;
(ii) matters relating to any department of the public service the control of which is by this Constitution transferred to the executive government of the Republic;
(iii) other matters declared by this Constitution to be within the exclusive power of Parliament.

Section 2. (1) Proposed laws appropriating revenue or moneys, or imposing taxation, shall not originate in the Senate. But a proposed law shall not be taken to appropriate revenue or moneys, or to impose taxation, by reason only of its containing provisions for the imposition or appropriation of fines or other pecuniary penalties, or for the demand or payment or appropriation of fees for licenses, or fees for services under the proposed law.

(2) The Senate may not amend proposed laws imposing taxation, or proposed laws appropriating revenue or moneys for the ordinary annual services of the government.

(3) The Senate may not amend any proposed law so as to increase any proposed charge or burden on the people.

(4) The Senate may at any stage return to the National Assembly any proposed law which the Senate may not amend, requesting, by message, the omission or amendment of any items or provisions therein. And the National Assembly may, if it thinks fit, make any of such omissions or amendments, with or without modifications.

(5) Except as provided in this section, the Senate shall have equal power with the National Assembly in respect of all proposed laws.

Section 3. The proposed law which appropriates revenue or moneys for the ordinary annual services of the government shall deal only with such appropriation.

Section 4. (1) Laws imposing taxation shall deal only with the imposition of taxation, and any provision therein dealing with any other matter shall be of no effect.

(2) Laws imposing taxation, except laws imposing duties of customs or of excise, shall deal with one subject of taxation only; but laws imposing duties of customs shall deal with duties of customs only, and laws imposing duties of excise shall deal with duties of excise only.

Section 5. A vote, resolution, or proposed law for the appropriation of revenue or moneys shall not be passed unless the purpose of the appropriation has in the same session been recommended by message of the President to the house in which the proposal originated.

Section 6. (1) If the National Assembly passes any proposed law, and the Senate rejects or fails to pass it, or passes it with amendments to which the National Assembly will not agree, and if after an interval of three months the National Assembly, in the same or the next session, again passes the proposed law with or without any amendments which have been made, suggested, or agreed to by the Senate, and the Senate rejects or fails to pass it, or passes it with amendments to which the National Assembly will not agree, the President may dissolve the Senate and the National Assembly simultaneously. But such dissolution shall not take place within six months before the date of the expiry of the National Assembly by effluxion of time.

(2) If after such dissolution the National Assembly again passes the proposed law, with or without any amendments which have been made, suggested, or agreed to by the Senate, and the Senate rejects or fails to pass it, or passes it with amendments to which the National Assembly will not agree, the President may convene a joint sitting of the members of the Senate and of the National Assembly.

(3) The members present at the joint sitting may deliberate and shall vote together upon the proposed law as last proposed by the National Assembly, and upon amendments, if any, which have been made therein by one House and not agreed to by the other, and any such amendments which are affirmed by an absolute majority of the total number of the members of the Senate and National Assembly shall be taken to have been carried, and if the proposed law, with the amendments, if any, so carried is affirmed by an absolute majority of the total number of the members of the Senate and National Assembly, it shall be taken to have been duly passed by both houses of the Parliament, and shall be presented to the President for his assent.

Section 7. (1) No bill shall become law unless the President assents thereto and has signed it in token of such assent.

(2) A bill shall be presented to the President for assent when it has been duly passed by Parliament, subject always to compliance with any other requirements of this Constitution that apply to such bill.

(3) When a bill is presented to the President for assent he shall declare, subject to the law and constitutional convention, that he assents or refuses assent thereto. In the latter case, the President shall return to the Senate or the National Assembly, in whichever it may have originated any bill so presented to him, and shall transmit therewith his objections to the bill, and the Senate or the National Assembly, as the case may be, shall reconsider the bill. If, after such reconsideration, two-thirds of the members of the house shall again agree to pass the bill, it shall be sent, together with the President's objections, to the other house by which it shall likewise be reconsidered, and if approved by two-thirds of the members of that house, it shall be returned to the President, who shall assent to the bill or propose to the Supreme Court to declare the bill unconstitutional. If the Supreme Court declares the bill constitutional, the President shall sign it.

(4) In every bill signed by the President, the words of enactment shall be: "Be it enacted by the President and the Parliament of _____."

(5) A law assented to by the President shall come into operation on the day of its publication in the Gazette or on such other day as may be specified in and under that or some other law.

Section 8. (1) As soon as may be after a bill has been assented to by the President, the Secretary to Parliament shall cause a fair copy of the Act, duly authenticated by the signature of the President and the Public Seal of _____, to be enrolled on record in the Office of the Registrar of the Supreme Court and such copy shall be conclusive evidence of the provisions of such Act.

(2) Notwithstanding the provisions of subsection (1), a law of Parliament may provide that a revised edition of the laws in force on any specified day shall be compiled and published and that, upon publication, the laws therein printed shall in all courts of justice and for all purposes whatever be the sole and authentic version of such laws and be conclusive evidence thereof, and the President shall cause a duly authenticated copy of such revised edition of the laws to be deposited in the Office of the Registrar of the Supreme Court.

Part VI: Limitations on Parliament

Section 1. No bill of attainder or ex post facto law shall be passed.

Section 2. No law impairing the obligation of contracts shall be passed.

Section 3. No law granting a title of royalty or nobility shall be enacted.

Section 4. No capitation or other direct tax shall be laid, unless in proportion to the census or enumeration hereinbefore directed to be taken.

Section 5. No tax or duty shall be laid on articles exported from any State.

Section 6. No preference shall be given by any regulation of commerce or revenue to the ports of one State over those of another.

Section 7. Parliament shall not make anything but gold and silver coin legal tender.

Chapter
The Judiciary

Section 1. (1) The judicial authority of the Republic shall be vested in the Supreme Court of _____.

(2) The Supreme Court shall be independent of the executive and the legislature. Each judge shall, in the exercise of his duties and functions, be subject only to the Constitution.

Section 2. The Supreme Court shall enjoy fiscal autonomy. Appropriations for the Supreme Court may not be reduced by the legislature below the amount appropriated for the previous year and, after approval, shall be automatically and regularly released.

Section 3. The Supreme Court shall be composed of:
(a) three judges appointed by the National Assembly, but from the members thereof;
(b) three judges appointed by the Senate, but from the members thereof; and
(c) three judges appointed by the President.

Section 4. No person shall be qualified to be a member of the Supreme Court unless he-
(a) is at least thirty-five years of age;
(b) has been for fifteen years or more, a judge of a lower court or engaged in the practice of law in _____;
(c) is a person of proven competence, integrity, probity, and independence; and
(d) is a natural-born citizen of the Republic in full enjoyment of his political and civil rights.

Section 5. Every judge of the Supreme Court shall, before entering upon the duties of his office, make and subscribe before the President, or some person authorized by him, an oath in the following form:

"I, A.B., do hereby swear (or affirm) to be faithful to the Republic of _____, to hold my office with honor and dignity, to respect and uphold the Constitution and all other laws of the Republic, to consecrate myself to the service of the nation, and to perform the duties of my office conscientiously and to the best of my ability. So help me God."

(In case of affirmation, the last sentence will be omitted)

Section 6. (1) A judge of the Supreme Court shall compulsorily retire when he attains the age of seventy years.

(2) A judge of the Supreme Court may at any time resign his office by notice in writing to-
(a) the Speaker of the National Assembly, if he was appointed by the latter body; or
(b) the Chairman of the Senate, if he was appointed by the latter body; or
(c) the President, if he was appointed by the latter.

(3) Nothing done by a judge of the Supreme Court shall be invalid by reason only that he has attained the age at which he is required by this section to vacate his office.

(4) Whenever the seat of a member becomes vacant, from any cause whatever, the vacancy shall be filled within ninety days. The judge appointed to fill the vacancy shall be appointed by whomever appointed the previous occupant of the vacant seat.

Section 7. The Supreme Court shall, before proceeding to the dispatch of any other business, choose a member of the Supreme Court to be the Chief Justice.

Section 8. Each member of the Supreme Court shall hold office for a period of fifteen 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-appointment.
(b) If a member of the Supreme Court attains the age at which he is required by section six to vacate his office, he shall vacate his office, regardless of the length of the remainder of his period of office.

Section 9. (1) The power of the Supreme Court shall extend to:
(a) all cases arising under this Constitution
(b) the law of the Republic
(c) treaties made, or which shall be made, by the Republic;
(d) all cases affecting ambassadors, other public ministers and consuls;
(e) all cases of admiralty and maritime jurisdiction;
(f) controversies to which the Republic shall be a party;
(g) controversies between two or more States;
(h) controversies between a State and citizens of another State, where the State is plaintiff;
(i) controversies between citizens claiming lands under grants of different States; and
(j) controversies between a State or the citizens thereof, and foreign states, citizens, or subjects.

(2) No State shall be sued by a citizen or subject of any foreign state.

(3) In all cases affecting ambassadors, other public ministers and consuls, and those in which a State shall be a party, the Supreme Court shall have original jurisdiction. In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction both as to law and fact, with such exceptions and under such regulations as Parliament shall make.

(4) The trial of all crimes, except in cases of impeachment, shall be by jury, and such trial shall be held in the State where the said crimes shall have been committed; but when not committed within any State, the trial shall be at such place or places as Parliament may by law have directed.

Section 10. (1) Treason against the Republic shall consist only in levying war against it, or in adhering to its enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court.

(2) Parliament shall have power to declare the punishment of treason; but no attainder of treason shall work corruption of blood, or forfeiture, except during the life of the person attainted.

Section 11. (1) A judge of the Supreme Court may be removed from office by-
(a) the National Assembly, if he was appointed by the latter body; or
(b) the Senate, if he was appointed by the latter body; or
(c) the President, if he was appointed by the latter,

but only for inability to discharge the functions of his office, whether arising from infirmity of body or mind or any other cause, or for misbehavior and shall not be so removed unless the question of the removal of that judge from office has been referred to an independent tribunal and that tribunal has recommended that the judge be removed from office for inability as aforesaid or misbehavior.

(2) (a) A tribunal referred to in subsection (1) shall consist of members appointed by the State judiciaries. Each State judiciary shall appoint five members.
(b) No person shall be qualified to hold membership in the tribunal unless he is, and has been for not less than ten years, qualified to practice law in _____.

(3) (a) A tribunal appointed in terms of subsection (1) shall inquire into the matter and and report on the facts thereof to the National Assembly or the Senate or the President, whichever the case may be, and recommend to the relevant authority whether or not the judge concerned should be removed from office.
(b) For the purpose of this subsection, "the relevant authority" means whomever appointed the judge being investigated by the tribunal.

Section 12. All questions in the Supreme Court shall be determined by a majority of votes of members present other than the Chief Justice, who shall, however, have and exercise a casting vote in the case of an equality of votes.

Section 13. (1) No decision shall be rendered by the Supreme Court without expressing therein clearly and distinctly the facts and the law on which it is based.

(2) No petition for review or motion for reconsideration of a decision of the Supreme Court shall be refused due course or denied without stating the legal basis therefor.

Section 14. The salary of members of the Supreme Court shall be fixed by law. During their continuance in office, their salary shall not increased nor diminished.

Section 15. The Supreme Court shall, within thirty days from the opening of each session of Parliament, submit to the President and Parliament an annual report on the operations and activities of the Court.

   The President shall be the Commander-in-Chief of all armed forces of the Philippines and whenever it becomes necessary, he may call out such armed forces to prevent or suppress lawless violence, invasion or rebellion. In case of invasion or rebellion, when the public safety requires it, he may, for a period not exceeding sixty days, suspend the privilege of the writ of habeas corpus or place the Philippines or any part thereof under martial law. Within forty-eight hours from the proclamation of martial law or the suspension of the privilege of the writ of habeas corpus, the President shall submit a report in person or in writing to the Congress. The Congress, voting jointly, by a vote of at least a majority of all its Members in regular or special session, may revoke such proclamation or suspension, which revocation shall not be set aside by the President. Upon the initiative of the President, the Congress may, in the same manner, extend such proclamation or suspension for a period to be determined by the Congress, if the invasion or rebellion shall persist and public safety requires it.

       The Congress, if not in session, shall, within twenty-four hours following such proclamation or suspension, convene in accordance with its rules without need of a call.

       The Supreme Court may review, in an appropriate proceeding filed by any citizen, the sufficiency of the factual basis of the proclamation of martial law or the suspension of the privilege of the writ of habeas corpus or the extension thereof, and must promulgate its decision thereon within thirty days from its filing.

       A state of martial law does not suspend the operation of the Constitution, nor supplant the functioning of the civil courts or legislative assemblies, nor authorize the conferment of jurisdiction on military courts and agencies over civilians where civil courts are able to function, nor automatically suspend the privilege of the writ of habeas corpus.

       The suspension of the privilege of the writ of habeas corpus shall apply only to persons judicially charged for rebellion or offenses inherent in, or directly connected with, invasion.

       During the suspension of the privilege of the writ of habeas corpus, any person thus arrested or detained shall be judicially charged within three days, otherwise he shall be released.

1. Acts that the President of the Republic undertakes under the terms of Articles 133h, j, l, m and p, 134b, d and f) and 135a, b and c shall require counter-signature by the Government. 2. In the event that the Government does not counter-sign any such act, the said act shall be legally invalid.