Wicked Devil - Revision history

63.231.230.53: /* Chapter III — Executive Functions */

63.231.230.53 — Wed, 06 Jun 2012 04:56:57 GMT

Chapter III — Executive Functions

←Older revision		Revision as of 04:56, 6 June 2012
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	===Chapter III — Executive Functions===		===Chapter III — Executive Functions===
		+
		+	====Functions of State President====

	'''29.''' (1) The executive government of the Republic in regard to any aspect of its internal or external affairs is vested in the State President and shall be exercised by him, either directly or through officers subordinate to him, in accordance with the Constitution.		'''29.''' (1) The executive government of the Republic in regard to any aspect of its internal or external affairs is vested in the State President and shall be exercised by him, either directly or through officers subordinate to him, in accordance with the Constitution.
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	(5) Appointments under sub-section (4) shall be subject to the approval of the Senate.		(5) Appointments under sub-section (4) shall be subject to the approval of the Senate.
		+
		+	====Command of Armed Forces====

	'''32.''' (1) The supreme command of the armed forces of the Republic shall vest in the State President and he shall hold the office of Commander in Chief.		'''32.''' (1) The supreme command of the armed forces of the Republic shall vest in the State President and he shall hold the office of Commander in Chief.
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	(4) Congress may regulate the exercise of the powers conferred by or under this section.		(4) Congress may regulate the exercise of the powers conferred by or under this section.
		+
		+	====Referendum====

	'''33.''' (1) If, at any time, the State President considers that it is desirable that any matter of national importance should be referred to a referendum, the State President may cause the matter to be referred to a referendum in the form of a question that is capable of being answered either by “Yes” or “No”.		'''33.''' (1) If, at any time, the State President considers that it is desirable that any matter of national importance should be referred to a referendum, the State President may cause the matter to be referred to a referendum in the form of a question that is capable of being answered either by “Yes” or “No”.

	(2) An Act of Congress may lay down the procedure for the holding of a referendum and the compiling and consolidation of the result of a referendum.		(2) An Act of Congress may lay down the procedure for the holding of a referendum and the compiling and consolidation of the result of a referendum.
		+
		+	====International relations====

	'''34.''' (1) The State President shall be responsible for —		'''34.''' (1) The State President shall be responsible for —
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	(3) Congress may, by resolution establish procedures for the ratification of treaties and other international agreements.		(3) Congress may, by resolution establish procedures for the ratification of treaties and other international agreements.
		+
		+	====Prerogative of Mercy====

	'''35.''' The State President may —		'''35.''' The State President may —
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	(''d'') remit the whole or part of any punishment imposed on any person for any offense or of any penalty or forfeiture otherwise due to the Government on account of any offense.		(''d'') remit the whole or part of any punishment imposed on any person for any offense or of any penalty or forfeiture otherwise due to the Government on account of any offense.
		+
		+	====Advisory Committee on Prerogative of Mercy====

	'''36.''' (1) There shall be an Advisory Committee on the Prerogative of Mercy which shall consist of —		'''36.''' (1) There shall be an Advisory Committee on the Prerogative of Mercy which shall consist of —
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	Provided that his seat shall become vacant —		Provided that his seat shall become vacant —

-	(i) in the case of a person who, at the date of his appointment, was a Minister, if he ceases to be a Minister; or	+	::(i) in the case of a person who, at the date of his appointment, was a Minister, if he ceases to be a Minister; or

-	(ii) if the State President, by instrument in writing under his hand, so directs.	+	::(ii) if the State President, by instrument in writing under his hand, so directs.

	(3) The Committee shall not be summoned except by the authority of the State President who shall, as far as is practicable, attend and preside at all meetings of the Committee, and, in the absence of the State President, the Attorney-General shall preside.		(3) The Committee shall not be summoned except by the authority of the State President who shall, as far as is practicable, attend and preside at all meetings of the Committee, and, in the absence of the State President, the Attorney-General shall preside.
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	(5) Subject to the provisions of this section, the Committee may regulate its own procedure.		(5) Subject to the provisions of this section, the Committee may regulate its own procedure.
		+
		+	====Functions of Advisory Committee on Prerogative of Mercy====

	'''37.''' (1) Where any person has been sentenced to death for any offense, the State President shall cause a written report of the case from the trial judge, together with such other information derived from the record of the case or elsewhere as he may require, to be considered at a meeting of the Advisory Committee on the Prerogative of Mercy; and after obtaining the advice of the Committee he shall decide whether to exercise any of his powers under section ''thirty-five'' of this Constitution.		'''37.''' (1) Where any person has been sentenced to death for any offense, the State President shall cause a written report of the case from the trial judge, together with such other information derived from the record of the case or elsewhere as he may require, to be considered at a meeting of the Advisory Committee on the Prerogative of Mercy; and after obtaining the advice of the Committee he shall decide whether to exercise any of his powers under section ''thirty-five'' of this Constitution.
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	(2) The shall be a Committee to advise the State President on the exercise of his or her powers under this section which shall consist of not more than five, and not less than three, persons appointed by the State President.		(2) The shall be a Committee to advise the State President on the exercise of his or her powers under this section which shall consist of not more than five, and not less than three, persons appointed by the State President.
		+
		+	====Declarations relating to public emergencies====

	'''39.''' (1) At a time of national disaster or during a state of national defense or public emergency threatening the life of the nation or the constitutional order, the State President may by Proclamation in the ''Gazette'' declare that a state of emergency exists in _____ or any part thereof.		'''39.''' (1) At a time of national disaster or during a state of national defense or public emergency threatening the life of the nation or the constitutional order, the State President may by Proclamation in the ''Gazette'' declare that a state of emergency exists in _____ or any part thereof.
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	Provided that any proclamation of martial law shall cease to be valid if it is not approved within a reasonable time by a resolution passed by a two-thirds majority of all the members of the House of Representatives.		Provided that any proclamation of martial law shall cease to be valid if it is not approved within a reasonable time by a resolution passed by a two-thirds majority of all the members of the House of Representatives.
		+
		+	====Declaration of a state of war====

	'''40.''' (1) The State President may, with the approval of Congress, given by resolution supported by not less than two-thirds of all the members of Congress, declare that a state of war exists between _____ and any other country.		'''40.''' (1) The State President may, with the approval of Congress, given by resolution supported by not less than two-thirds of all the members of Congress, declare that a state of war exists between _____ and any other country.
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	(4) The State President may, with the approval of Congress, given by resolution, revoke a declaration of a state of war made under sub-section (1) or (2) of this section.		(4) The State President may, with the approval of Congress, given by resolution, revoke a declaration of a state of war made under sub-section (1) or (2) of this section.
		+
		+	====Appointment, etc. of officers====

	'''41.''' The State President may constitute such offices for _____ as may be lawfully constituted and, subject to the provisions of this Constitution and of any other law, the State President may —		'''41.''' The State President may constitute such offices for _____ as may be lawfully constituted and, subject to the provisions of this Constitution and of any other law, the State President may —

63.231.230.53: /* Chapter II — The Cabinet */

63.231.230.53 — Wed, 06 Jun 2012 04:45:44 GMT

Chapter II — The Cabinet

←Older revision		Revision as of 04:45, 6 June 2012
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	===Chapter II — The Cabinet===		===Chapter II — The Cabinet===
		+
		+	====Cabinet====

	'''16.''' There shall be in and for _____ a Cabinet, which shall consist of the Prime Minister and such other Ministers as may be appointed in accordance with section ''nineteen''.		'''16.''' There shall be in and for _____ a Cabinet, which shall consist of the Prime Minister and such other Ministers as may be appointed in accordance with section ''nineteen''.
		+
		+	====Public Seal====

	'''17.''' (1) There shall be a Public Seal of _____, showing the coat of arms of the Republic with the circumscription “Republic of _____”.		'''17.''' (1) There shall be a Public Seal of _____, showing the coat of arms of the Republic with the circumscription “Republic of _____”.

	(2) The Public Seal shall be kept by the State President and used for sealing all things whatsoever that shall pass the Public Seal of _____.		(2) The Public Seal shall be kept by the State President and used for sealing all things whatsoever that shall pass the Public Seal of _____.
		+
		+	====Confirmation of executive acts of State President====

	'''18.''' (1) The will and pleasure of the State President as head of the executive government of the Republic shall be expressed in writing under his signature, and every instrument signed by him shall be countersigned by a Minister.		'''18.''' (1) The will and pleasure of the State President as head of the executive government of the Republic shall be expressed in writing under his signature, and every instrument signed by him shall be countersigned by a Minister.

	(2) The signature of the State President on any instrument shall be confirmed as provided in section ''seventeen''.		(2) The signature of the State President on any instrument shall be confirmed as provided in section ''seventeen''.
		+
		+	====Appointment of Prime Minister and Ministers====

	'''19.''' (1) The State President shall appoint as Prime Minister a member of Congress who in his judgment is likely to command the confidence of the majority of the members of the House of Representatives, and shall, acting in accordance with the advice of the Prime Minister, appoint other Ministers from among the members of Congress:		'''19.''' (1) The State President shall appoint as Prime Minister a member of Congress who in his judgment is likely to command the confidence of the majority of the members of the House of Representatives, and shall, acting in accordance with the advice of the Prime Minister, appoint other Ministers from among the members of Congress:
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	(2) Appointments under this section shall be made by the State President by instrument under the Public Seal.		(2) Appointments under this section shall be made by the State President by instrument under the Public Seal.
		+
		+	====Tenure of office of Prime Minister and Ministers====

	'''20.''' (1) The State President shall, by writing under the public seal, declare the office of Prime Minister vacant —		'''20.''' (1) The State President shall, by writing under the public seal, declare the office of Prime Minister vacant —
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	(''c'') The powers conferred upon the State President by this section shall be exercised by him acting in his discretion, if in his opinion it is impracticable to obtain the advice of the Prime Minister owing to the Prime Minister's illness or absence, and in any other case shall be exercised by the State President in accordance with the advice of the Prime Minister.		(''c'') The powers conferred upon the State President by this section shall be exercised by him acting in his discretion, if in his opinion it is impracticable to obtain the advice of the Prime Minister owing to the Prime Minister's illness or absence, and in any other case shall be exercised by the State President in accordance with the advice of the Prime Minister.
		+
		+	====Oath====

	'''21.''' The Prime Minister and every other Minister shall before assuming the duties of his office make and subscribe before the State President or a person designated by him for the purpose, an oath in such form as the State President may determine.		'''21.''' The Prime Minister and every other Minister shall before assuming the duties of his office make and subscribe before the State President or a person designated by him for the purpose, an oath in such form as the State President may determine.
		+
		+	====Summoning of and presiding in Cabinet====

	'''22.''' (1) The Cabinet shall not be summoned except by the authority of the Prime Minister.		'''22.''' (1) The Cabinet shall not be summoned except by the authority of the Prime Minister.

	(2) The Prime Minister shall, so far as is practicable, attend and preside at meetings of the Cabinet and, in his absence, such other Minister shall preside as the Prime Minister shall appoint.		(2) The Prime Minister shall, so far as is practicable, attend and preside at meetings of the Cabinet and, in his absence, such other Minister shall preside as the Prime Minister shall appoint.
		+
		+	====Assignment of responsibility to Ministers====

	'''23.''' (1) The Prime Minister may, by directions in writing —		'''23.''' (1) The Prime Minister may, by directions in writing —
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	(2) The Prime Minister may retain in his charge any department or subject.		(2) The Prime Minister may retain in his charge any department or subject.
		+
		+	====Exercise of functions of Prime Minister====

	'''30.''' (1) The Prime Minister shall have authority over the control, supervision and execution of the day-to-day functions and affairs of the Government.		'''30.''' (1) The Prime Minister shall have authority over the control, supervision and execution of the day-to-day functions and affairs of the Government.
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	(''c'') if the State President so requires, to submit for the consideration of the Cabinet any matter on which a decision has been taken by the Prime Minister or a Minister but which has not been considered by the Cabinet.		(''c'') if the State President so requires, to submit for the consideration of the Cabinet any matter on which a decision has been taken by the Prime Minister or a Minister but which has not been considered by the Cabinet.
		+
		+	====Leave of absence for Ministers====

	'''24.''' The State President, acting in accordance with the advice of the Prime Minister, may grant leave of absence from his duties to the Prime Minister and to any other Minister.		'''24.''' The State President, acting in accordance with the advice of the Prime Minister, may grant leave of absence from his duties to the Prime Minister and to any other Minister.
		+
		+	====Disabilities of Ministers====

	'''25.''' A member of the Cabinet shall not hold any office of profit and shall not actively engage in any commercial enterprise.		'''25.''' A member of the Cabinet shall not hold any office of profit and shall not actively engage in any commercial enterprise.
		+
		+	====Secretary to Cabinet====

	'''26.''' (1) The State President, acting in accordance with the advice of the Prime Minister, may appoint a public officer to be the Secretary to the Cabinet.		'''26.''' (1) The State President, acting in accordance with the advice of the Prime Minister, may appoint a public officer to be the Secretary to the Cabinet.

	(2) The Secretary to the Cabinet shall be responsible, in accordance with such instructions as may be given to him by the Prime Minister, for arranging the business for, and keeping the minutes of, the meetings of the Cabinet and for conveying the decisions of the Cabinet to the appropriate person or authority and shall have such other functions as the Prime Minister may from time to time direct.		(2) The Secretary to the Cabinet shall be responsible, in accordance with such instructions as may be given to him by the Prime Minister, for arranging the business for, and keeping the minutes of, the meetings of the Cabinet and for conveying the decisions of the Cabinet to the appropriate person or authority and shall have such other functions as the Prime Minister may from time to time direct.
		+
		+	====Permanent Secretaries====

	'''27.''' (1) There shall be for each Ministry one or more Permanent Secretaries who shall be persons who are public officers.		'''27.''' (1) There shall be for each Ministry one or more Permanent Secretaries who shall be persons who are public officers.
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	(3) Every Permanent Secretary shall, subject to the general direction and control of the Minister, exercise supervision over the department or departments to which he is allocated.		(3) Every Permanent Secretary shall, subject to the general direction and control of the Minister, exercise supervision over the department or departments to which he is allocated.
		+
		+	====Attorney-General====

	'''28.''' (1) (1) The office of Attorney-General is hereby constituted and appointments thereto shall be made by the State President, acting in accordance with the advice of the Prime Minister, from among persons who are qualified for appointment as a Judge of the Supreme Court.		'''28.''' (1) (1) The office of Attorney-General is hereby constituted and appointments thereto shall be made by the State President, acting in accordance with the advice of the Prime Minister, from among persons who are qualified for appointment as a Judge of the Supreme Court.

63.231.230.53 at 04:38, 6 June 2012

63.231.230.53 — Wed, 06 Jun 2012 04:38:54 GMT

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63.231.230.53: /* Qualifications and disabilities of State President */

63.231.230.53 — Wed, 06 Jun 2012 00:02:59 GMT

Qualifications and disabilities of State President

←Older revision		Revision as of 00:02, 6 June 2012
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	(''a'') not hold any other office created or recognized by this Constitution;		(''a'') not hold any other office created or recognized by this Constitution;
-	~~<br>(''b'') not actively engage in any commercial enterprise;~~
-	~~<br>(''c'') not be a member of any political party; and~~
-	~~<br>(''d'') if he is a Member of Congress, vacate his seat in Congress.~~

-	(4) Nothing in sub-section (3) shall be construed as requiring any ~~Acting State President who does not occupy~~ the office of ~~Vice~~ State President to —	+	(''b'') not actively engage in any commercial enterprise;
		+
		+	(''c'') not be a member of any political party; and
		+
		+	(''d'') if he is a member of Congress, vacate his seat in Congress.
		+
		+	(4) Nothing in sub-section (3) shall be construed as requiring any person exercising the functions of the office of State President under section ''twelve'' or ''thirteen'' to —

	(''a'') if he is a member of any political party, resign as a member of that party; or		(''a'') if he is a member of any political party, resign as a member of that party; or
-	~~<br>~~(''b'') vacate his seat in Congress or any other office created or recognized by this Constitution.	+
		+	(''b'') vacate his seat in Congress or any other office created or recognized by this Constitution.

	====Term of Office====		====Term of Office====

63.231.230.53: /* PART I: THE GOVERNMENT */

63.231.230.53 — Tue, 05 Jun 2012 23:59:52 GMT

PART I: THE GOVERNMENT

←Older revision		Revision as of 23:59, 5 June 2012
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	(''a'') to any person who has at any time occupied the office of State President, a pension at the rate of twenty-five thousand dollars per annum;		(''a'') to any person who has at any time occupied the office of State President, a pension at the rate of twenty-five 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.	+
		+	(''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 ―		(2) Any pension under sub-section (1) shall be payable ―

	(''a'') in the case of the State President with effect from the day following that upon which he vacated office;		(''a'') in the case of the State 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.	+
		+	(''b'') in the case of his widow, with effect from the day following that upon which she became a widow.

	===Chapter II — Executive Government===		===Chapter II — Executive Government===
-
-
-
-

	==<center>CHAPTER II<br>EXECUTIVE GOVERNMENT</center>==		==<center>CHAPTER II<br>EXECUTIVE GOVERNMENT</center>==

63.231.230.53 at 23:56, 5 June 2012

63.231.230.53 — Tue, 05 Jun 2012 23:56:04 GMT

←Older revision		Revision as of 23:56, 5 June 2012
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	(5) The remuneration of the personal staff of the State President, other than a person appointed under sub-section (4), shall be defrayed out of the Civil List for the maintenance of the State President.		(5) The remuneration of the personal staff of the State President, other than a person appointed under sub-section (4), shall be defrayed out of the Civil List for the maintenance of the State President.

-	====Vacation of and removal from office of State President===	+	====Vacation of and removal from office of State President====

	'''9.''' (1) The State President may be removed from office in accordance with the provisions of this section.		'''9.''' (1) The State President may be removed from office in accordance with the provisions of this section.

63.231.230.53 at 23:55, 5 June 2012

63.231.230.53 — Tue, 05 Jun 2012 23:55:41 GMT

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63.231.230.53 at 08:01, 3 June 2012

63.231.230.53 — Sun, 03 Jun 2012 08:01:46 GMT

←Older revision		Revision as of 08:01, 3 June 2012
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	(4) The State President shall also have the power, subject to this Constitution, to appoint —		(4) The State President shall also have the power, subject to this Constitution, to appoint —

-	~~<br>~~(''a'') on the recommendation of the Judicial Service Commission —	+	(''a'') on the recommendation of the Judicial Service Commission —
	<br>(aa) the Chief Justice and other Judges of the Supreme Court;		<br>(aa) the Chief Justice and other Judges of the Supreme Court;
	<br>(bb) the Ombudsman;		<br>(bb) the Ombudsman;
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	'''14.''' (1) The supreme command of the armed forces of the Republic shall vest in the State President and he shall hold the office of Commander in Chief.		'''14.''' (1) The supreme command of the armed forces of the Republic shall vest in the State President and he shall hold the office of Commander in Chief.

-	(2) The powers conferred on the State President by sub-section (1) of this section shall include —	+	(2) The powers conferred on the State President by sub-section (1) of this section shall include —

	(''a'') the power to determine the operational use of the armed forces;		(''a'') the power to determine the operational use of the armed forces;

63.231.230.53 at 08:00, 3 June 2012

63.231.230.53 — Sun, 03 Jun 2012 08:00:12 GMT

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63.231.230.53 at 05:45, 3 June 2012

63.231.230.53 — Sun, 03 Jun 2012 05:45:39 GMT

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