Constitution of Ledgersia

From Roach Busters

(Difference between revisions)
 
(39 intermediate revisions not shown)
Line 1: Line 1:
-
==<center>Chapter I - The Head of State</center>==
+
[[Final Constitution]]
-
===<center>Part I - The President and the Vice-President of the Republic</center>===
+
<br>[[Revised Constitution of Ledgersia]]
-
'''1.''' The President of the Republic shall be the head of state, the representative of Ledgersia in both domestic affairs and international relations, and Commander-in-Chief of the Armed Forces. He shall be directly elected by the people of Ledgersia as hereinafter provided, and he shall be assisted by a Vice-President of the Republic who shall likewise be directly elected with, and in the same manner as, the President of the Republic.
+
<br>[[Constitution of possible new country]]
-
'''2.''' (1) A person shall not be qualified for election to the office of the President of the Republic unless he is a citizen of Ledgersia by birth, has attained forty years of age, is a member of a political party and is sponsored by that political party, is registered as a voter or is qualified to be registered as such, and has resided for at least fifteen years within the limits of Ledgersia.
 
-
(2) A person shall not be qualified for election to the office of the Vice-President of the Republic unless he meets the qualifications mentioned in the previous subsection.
+
President: Clifford Barton
 +
<br>Vice-President: Edwin T. Roberts
 +
<br>Prime Minister
 +
<br>Minister of Citizenship and Immigration
 +
<br>Minister of Defense
 +
<br>Minister of Finance
 +
<br>Minister of Foreign Affairs and International Cooperation
 +
<br>Minister of Infrastructure
 +
<br>Minister of Intergovernmental Affairs
 +
<br>Minister of Justice and Law and Order
 +
<br>Minister of Natural Resources
 +
<br>Minister of Public Works and Government Services
 +
<br>Minister of Trade
 +
<br>Minister of Transport and Communications
 +
<br>Minister of Veterans Affairs
 +
<br>Attorney-General
 +
<br>Chief Government Whip
-
(3) 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 or Vice-President of the Republic, shall vacate such office with effect from the date on which he is elected.
 
-
'''3.''' (1) The election of the President and Vice-President of the Republic shall be held ninety days before the end of the administration of the President of the Republic then holding office.
+
==<center>CHAPTER II</center>==
 +
<center>EXECUTIVE GOVERNMENT</center>
-
(2) The election of the President of the Republic shall imply the election of the Vice-President registered with him.
+
'''11.''' The executive government of the Republic in regard to any aspect of its internal or external affairs is vested in the President and shall be exercised by him, either directly or through officers subordinate to him, in accordance with the Constitution.
-
(3) The candidate who obtains an absolute majority of the votes validly cast shall be deemed to be elected President of the Republic. Blank and null and void votes shall be considered as if they had not been cast.
+
'''12.''' The President, in his capacity as commander-in-chief of the defense forces of _____, may, subject to such conditions as may be prescribed by or under any law —
 +
<br>(''a'') mobilize and call out the defense forces or any part thereof for operational purposes or otherwise for the maintenance of law and order, the preservation of the peace, the protection of life, health or property or the provision or continuance of essential services; and
 +
<br>(''b'') confer commissioned ranks in the defense forces on any person serving or qualified to serve therein and give to such person a commission under his hand.
-
(4) Should there be more than two candidates in the presidential election, none of them obtaining more than half of the votes validly cast, a new election shall be held within twenty days from the announcement of the results. This election shall be limited to the two candidates with the highest relative majorities.
+
'''13.''' (1) The President shall in addition to the other provisions of this Constitution, further have power —
 +
<br>(''a'') to appoint and to accredit, to receive and to recognize, ambassadors, plenipotentiaries, diplomatic representatives and other diplomatic officers, consuls and consular officers;
 +
<br>(''b'') to enter into and to ratify international conventions, treaties and agreements;
 +
<br>(''c'') to proclaim and to terminate martial law;
 +
<br>(''d'') to declare war and to make peace; and
 +
<br>(''e'') to confer honors and precedence.
-
(5) Should one of the candidates, before the second round of voting is held, die, withdraw, or become legally impaired, the candidate with the highest number of votes among the remaining candidates shall be deemed to be elected President.
+
(2) Subject to the provisions of this Constitution and other law by which powers or duties are conferred or imposed, the President shall do and exercise all things that belong to his office according to such constitutional conventions and practices as were applicable in _____ immediately before the appointed day.
-
(6) If, in the event of the preceding subsections, more than one candidate with an equal number of votes remains in second place, the eldest one shall qualify.
+
'''14.''' 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 ''seventeen''.
-
'''4.''' (1) The President and the Vice-President of the Republic shall, before taking office, take an oath before the Chief Justice of the Supreme Court in the following form:
+
'''15.''' (1) Except as provided by this Constitution, the President shall, in the exercise of his functions under this Constitution or any other written law, act in accordance with the advice of the Cabinet or of a Minister acting under the general authority of the Cabinet:
-
"I, A.B., do hereby swear (or affirm) to faithfully perform my duties as President (or Vice-President) of the Republic, to preserve the independence of the nation, to maintain, defend, and uphold the Constitution and all other laws of the Republic, and to consecrate myself to the service of the people. So help me God."
+
Provided that the President may require the Cabinet or as the case may be, the Prime Minister to reconsider such advice, either generally or otherwise, and the President shall act in accordance with the advice tendered after such reconsideration.
-
(In case of affirmation, the last sentence may be omitted.)
+
(2) The President may act in his discretion in the performance of the following functions —
 +
<br>(''a'') the appointment of the Prime Minister in accordance with section ''seventeen'';
 +
<br>(''b'') the withholding of consent to a request for a dissolution of Parliament;
 +
<br>(''c'') the withholding of assent to any Bill other than a Money Bill;
 +
<br>(''d'') any other function the performance of which the President is authorized by this Constitution to act in his discretion.
-
(2) The President and the Vice-President of the Republic shall take office immediately after taking the oath as prescribed in the previous subsection.
+
(3) The Legislature may by law make provision to require the President to act after consultation with, or on the recommendation of, any person or body of persons other than the Cabinet in the exercise of his functions other than —
 +
<br>(''a'') functions exercisable in his discretion; and
 +
<br>(''b'') functions with respect to the exercise of which provision is made in any other provision of this Constitution.
-
'''5.''' In the event that, after ten days from the date scheduled for the inauguration, the President or the Vice-President of the Republic, except by reason of ''force majeure'' has not taken office, the office shall be declared vacant.
+
(4) Where the President is required to act in accordance with his own discretion or the advice of any specified person or authority, a court shall not, in any case, inquire into any of the following questions or matters —
 +
<br>(''a'') on whose advice the President acted;
 +
<br>(''b'') whether any advice was tendered or acted on;
 +
<br>(''c'') the nature of any advice tendered;
 +
<br>(''d'') the manner in which the President has exercised his discretion as referred to in the provisos to sub-section (1).
-
'''6.''' (1) The Vice-President of the Republic shall replace the President of the Republic in the event of impediment and shall succeed him in the event of vacancy.
+
'''16.''' (1) There shall be a Public Seal of _____, showing the coat of arms of the Republic with the circumscription “Republic of _____”.
-
(2) In addition to other duties attributed to him by a supplementary law, the Vice-President of the Republic shall assist the President of the Republic whenever summoned by him for special missions.
+
(2) The Public Seal shall be kept by the President and used for sealing all things whatsoever that shall pass the Public Seal of _____.
-
'''7.''' In the event of impediment of the President and the Vice-President of the Republic or of vacancy of the respective offices, the functions and duties of the President of the Republic shall be assumed and performed by the Speaker of the House of Representatives or, if the office of Speaker is absent or the holder of that office is unable to act, the President of the Senate or, if his office is vacant or he is unable to act, the Chief Justice of the Supreme Court.
+
'''17.''' (1) The President shall appoint as Prime Minister a member of Parliament 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 Parliament:
-
'''8.''' (1) In the event of vacancy of the offices of President and Vice-President of the Republic, elections shall be held ninety days after the occurrence of the last vacancy.
+
Provided that, if an appointment is made while Parliament is dissolved, a person who was a member of the last Parliament may be appointed but shall not continue to hold office after the first sitting of the next Parliament unless he is a member thereof.
-
(2) If the vacancy occurs during the last two years of the President of the Republic's term of office, the elections for both offices shall be held thirty days after the last vacancy as established bv law.
+
(2) Appointments under this section shall be made by the President by instrument under the Public Seal.
-
(3) In any of the cases, those elected shall complete the term of office of their predecessors.
+
'''18.''' (1) The President shall, by writing under the public seal, declare the office of Prime Minister vacant —
 +
<br>(''a'') if the Prime Minister resigns his office by writing under his hand addressed to the President; or
 +
<br>(''b'') if the President, acting in his discretion, is satisfied that the Prime Minister has ceased to command the confidence of a majority of the members of the House of Representatives:
-
'''9.''' (1) The President and Vice-President of the Republic shall hold office for a term of six years. The President of the Republic may not be re-elected for the consecutive period, and re-election shall be permitted only once.
+
Provided that, before declaring the office of Prime Minister vacant under this paragraph, the President shall inform the Prime Minister that he is satisfied as aforesaid, and, if the Prime Minister so requests, the President may dissolve the House of Representatives instead of making such a declaration.
-
(2) The term of office of the President and Vice-President of the Republic shall commence on January 1 of the year following the year of their election.
+
(2) A Minister, other than the Prime Minister, shall vacate his office —
 +
<br>(''a'') if his appointment to that office is revoked by the President, acting in accordance with the advice of the Prime Minister, by instrument under the Public Seal; or
 +
<br>(''b'') if he resigns his office by writing under his hand addressed to the President.
-
(3) The President and Vice-President of the Republic shall leave office on the same day on which their term of office is completed and shall be succeeded by the newly-elected President and Vice-President of the Republic.
+
(3) A person who has vacated his office as Minister may, if qualified, be again appointed as Minister from time to time.
-
'''10.''' (1) The President and Vice-President of the Republic shall not be absent from Ledgersia for a period of more than fifteen days except with the prior consent of the Senate.
+
(4) (''a'') Whenever the Prime Minister is ill or absent from _____ or has been granted leave of absence from his duties under section _____, the functions conferred on him by this Constitution shall be exercisable by any other Minister authorized by the President, by instrument under the Public Seal, in that behalf.
 +
<br>(''b'') The President may, by instrument under the Public Seal, revoke any authority given under this clause.
 +
<br>(''c'') The powers conferred upon the President by this clause 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 President in accordance with the advice of the Prime Minister.
-
(2) Failure to comply with the provisions of the previous subsection shall automatically entail loss of office.
+
'''19.''' The Prime Minister and every other Minister shall before assuming the duties of his office make and subscribe before the President or a person designated by him for the purpose, an oath in such form as the President may determine.
-
'''11.''' (1) The President of the Republic shall, subject to the provisions of this Constitution, have power-
+
'''20.''' (1) The Cabinet shall not be summoned except by the authority of the Prime Minister.
-
<br>(a) to appoint the Prime Minister and, on the advice of the latter, the Cabinet;
+
-
<br>(b) to appoint and to accredit, to receive and to recognize ambassadors, plenipotentiaries, diplomatic representatives, and other diplomatic officers, consuls, and consular officers;
+
-
<br>(c) to appoint the justices of the Supreme Court;
+
-
<br>(d) to appoint the commanders of the Armed Forces;
+
-
<br>(e) with due regard to the provisions of this Constitution to appoint the times for the holding of sessions of Parliament and to prorogue Parliament;
+
-
<br>(f) with due regard to the provisions of this Constitution to dissolve the House of Representatives;
+
-
<br>(g) to enter into and ratify international conventions, treaties, and agreements, subject to the provisions of subsection (3);
+
-
<br>(h) to declare and to terminate martial law or a state of emergency;
+
-
<br>(i) to declare war and to make peace, subject to the provisions of subsection (4);
+
-
<br>(j) to confer honors, military and diplomatic ranks, and other awards established by law;
+
-
<br>(k) to pardon or reprieve offenders, either unconditionally or subject to such conditions as he may deem fit, and to remit any fines, penalties, or forfeitures;
+
-
<br>(l) to appoint and remove all officers of the public service of Ledgersia, unless the appointment is delegated by the Constitution or by a law of Parliament to some other authority;
+
-
<br>(m) to perform such other functions and exercise such other duties as authorized by the Constitution.
+
-
(2) All appointments made by the President of the Republic in terms of paragraphs (b), (c), (d), and (k) of the previous subsection shall require the prior consent of the Senate.
+
(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.
-
(3) No international convention, treaty, and agreement ratified by the President of the Republic in terms of paragraph (g) of subsection (1) shall be valid and effective without the concurrence of at least two-thirds of the members of the Senate.
+
'''21.''' (1) The Prime Minister may, by directions in writing —
 +
<br>(''a'') charge any Minister with responsibility for any department or subject; and
 +
<br>(''b'') revoke or vary any directions given under this clause.
-
(4) The President of the Republic may not declare war or make peace without the prior authorization of Parliament. No such authorization shall be valid without the concurrence of at least two-thirds of the members of both Houses. No deployment of any military forces in the service of the Republic shall be deployed outside the national territory of Ledgersia or of any territory under Ledgersian jurisdiction shall be permitted in the absence of a formal declaration of war.
+
(2) The Prime Minister may retain in his charge any department or subject.
-
(5) (i) The will and pleasure of the President of the Republic shall be expressed in writing under his signature, and every instrument signed by him shall be countersigned by the Prime Minister or a Minister designated by the Prime Minister on his behalf.
+
'''22.''' It shall be the duty of the Prime Minister —
-
<br>(ii) The absence of a countersignature as provided in proviso (i) of this subsection shall render any instrument signed by the President of the Republic legally invalid.
+
<br>(''a'') to communicate to the President all decisions of the Cabinet relating to the administration of the affairs of the Republic and proposals for legislation;
-
<br>(iii) Laws promulgated by the President of the Republic in terms of subsection (1) of section sixty-nine shall not require a countersignature.
+
<br>(''b'') to furnish such information relating to the administration of the affairs of the Republic and proposals for legislation as the President may call for; and
 +
<br>(''c'') if the 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.
-
(6) The President of the Republic may not grant a pardon or reprieve in terms of paragraph (k) of subsection (1) in cases of impeachment.
+
'''23.''' The 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.
-
'''12.''' (1) The President or Vice-President of the Republic, as the case may be, shall answer before Parliament for crimes committed in the performance of his functions.
+
'''24.''' A member of the Cabinet shall not hold any office of profit and shall not actively engage in any commercial enterprise.
-
(2) If charges against the President or Vice-President of the Republic, as the case may be, are accepted by at least two-thirds of the members of the House of Representatives, he shall be submitted to trial before the Senate.
+
'''25.''' (1) The President, acting in accordance with the advice of the Prime Minister, may appoint a public officer to be the Secretary to the Cabinet.
-
(3) The President or Vice-President of the Republic, as the case may be, shall not be convicted without the concurrence of at least two-thirds of the members of the Senate.
+
(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.
-
(4) Conviction shall cause removal from office and disqualification from re-election.
+
'''26.''' The President, acting on the advice of the Prime Minister, may constitute such offices for _____ as may be lawfully constituted and, subject to the provisions of this Constitution and of any other law, the President may —
 +
<br>(''a'') make appointments, to be held during pleasure, to any office so constituted; and
 +
<br>(''b'') dismiss any person so appointed or take such other disciplinary action in relation to him as the President may think fit.
-
(5) For crimes that are not committed in the performance of his functions, the President or Vice-President of the Republic, as the case may be, shall answer before the common courts, once his term of office has ended.
+
'''27.''' The President may —
 +
<br>(''a'') grant to any person convicted of any offense a pardon, either free or subject to lawful conditions;
 +
<br>(''b'') grant to any person a respite, either indefinite or for a specified period, of the execution of any punishment imposed on that person for any offense;
 +
<br>(''c'') substitute a less severe form of punishment for any punishment imposed on any person for any offense; and
 +
<br>(''d'') remit the whole or part of any punishment imposed on any person for any offence or of any penalty or forfeiture otherwise due to the Government on account of any offense.
-
'''13.''' (1) The President of the Republic may resign his office by lodging his resignation in writing to the Chief Justice of the Supreme Court, who shall forthwith advise the Prime Minister of such resignation.
+
'''28.''' (1) If, at any time, the President, in his discretion, or on the advice of the Prime Minister, considers that it is desirable that any matter of national importance should be referred to a referendum, the 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) The Vice-President of the Republic may resign his office by lodging his resignation in writing to the President of the Republic.
+
(2) An act of the Legislature may lay down the procedure for the holding of a referendum and the compiling and consolidation of the result of a referendum.
-
'''14.''' (1) The President and Vice-President of the Republic shall receive such salaries and allowances as shall be prescribed by a law of Parliament.
+
'''29.''' (1) The President may, at any time, by proclamation published in the ''Gazette'', declare that —
 +
<br>(''a'') a state of public emergency exists; or
 +
<br>(''b'') a situation exists which, if it is allowed to continue, may lead to a state of public emergency.
-
(2) The salaries of the President and Vice-President of the Republic shall not be increased or decreased during their term of office.
+
(2) A declaration in terms of subsection (1), if not sooner revoked, shall cease to have effect:
 +
<br>(''a'') in the case of a declaration made when the House of Representatives is meeting for the transaction of business, at the expiration of a period of seven days beginning with the day of the publication of the proclamation in the ''Gazette'';
 +
<br>(''b'') in any other case, at the expiration of a period of thirty days beginning with the day of the publication of the proclamation in the Gazette;
 +
<br>unless, before the expiration of that period, the decision is approved by a resolution passed by the House of Representatives:
-
===<center>Part II - The Presidential Council</center>===
+
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 House of Representatives.
-
'''15.''' The Presidential Council shall be the political body that advises the President of the Republic.
+
-
'''16.''' The Presidential Council shall be chaired by the President of the Republic and shall also be composed of the following members-
+
(3) Where a declaration in terms of subsection (1):
-
<br>(a) the Vice-President of the Republic;
+
<br>(''a'') is not approved by a resolution passed by the House of Representatives 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 House of Representatives has not considered the resolution, on the expiration of the appropriate period specified in subsection (2), by proclamation published in the ''Gazette'', revoke such declaration;
-
<br>(b) the Prime Minister;
+
<br>(''b'') is approved by a resolution passed by the House of Representatives 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'':
-
<br>(c) the Speaker of the House of Representatives;
+
-
<br>(d) the President of the Senate;
+
-
<br>(e) the Chief Justice of the Supreme Court;
+
-
<br>(f) the Governors of the States;
+
-
<br>(g) five persons, not holding any public office, who shall be appointed by the House of Representatives;
+
-
<br>(h) five persons, not holding any public office, who shall be appointed by the Senate;
+
-
<br>(i) five persons, not holding any public office, who shall be appointed by the Supreme Court.
+
-
'''17.''' (1) The members of the Presidential Council shall be installed by the President of the Republic.
+
Provided that, where the House of Representatives 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.
-
(2) Those members of the Presidential Council who are provided for in paragraphs (a), (b), (c), (d), (e), and (f) of section sixteen shall continue to be members for as long as they remain in the respective offices.
+
(4) If the House of Representatives 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.
-
(3) Those members of the Presidential Council who are provided for in paragraphs (g), (h), and (i) of section sixteen shall continue to be members for three years from the date of their appointment, and they shall not, on expiration of their term of office, be eligible for re-appointment.
+
(5) The House of Representatives 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.
-
'''18.''' (1) The Presidential Council shall be responsible for drawing up its own rules of procedure.
+
(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.
-
(2) Meetings of the Presidential Council shall not be public.
+
(7) For the purposes of this section the House of Representatives shall be regarded as meeting for the transaction of business during a period —
 +
<br>(''a'') beginning on the day the House of Representatives first meets after a prorogation or an adjournment in pursuance of the passing of a resolution such as is referred to in paragraph (''b'') and;
 +
<br>(''b'') ending on the day the House of Representatives next adjourns in pursuance of a resolution the purpose of which is that the House of Representatives shall stand adjourned for more than thirty days or on the day the House of Representatives is dissolved or prorogued, whichever is the sooner.
-
'''19.''' The Presidential Council shall be responsible for-
+
==<center>CHAPTER III</center>==
-
<br>(a) expressing its opinion on dissolutions of the House of Representatives;
+
<center>PART I</center>
-
<br>(b) expressing its opinion on prorogations of Parliament;
+
-
<br>(c) expressing its opinion on declarations of martial law or states of emergency and the termination of the same;
+
-
<br>(d) expressing its opinion on declarations of war and the making of peace;
+
-
<br>(e) expressing its opinion on other cases in general and when asked to do so by the President of the Republic, advising him in the exercise of his office.
+
-
'''20.''' The Presidential Council shall issue the opinions provided for in section nineteen at a meeting which the President of the Republic shall call for that purpose, and such opinions shall be made public at the time of the act to which they refer.
+
'''31.''' (1) All legislative powers of the Republic shall be vested in Parliament which shall have the powers and responsibilities set out in this Constitution.
-
==<center>Chapter II - The Executive Government</center>==
+
(2) An Act of Parliament shall have primacy over other forms of law, but shall be subject to the Constitution.
-
'''21.''' The executive government of Ledgersia in regard to any aspect of its domestic or foreign affairs shall be exercised by the Cabinet.
+
-
'''22.''' The Cabinet shall consist of the Prime Minister and the Ministers appointed under section twenty-three for the time being holding office.
+
(3) Any question proposed for decision by the House of Representatives or by the Senate shall be decided by a majority of the votes of the members present and voting, unless this Constitution or any other Act of Parliament otherwise provides.
-
'''23.''' (1) The President of the Republic shall appoint the person who, in his opinion, is best able to command the support of a majority of the House of Representatives, to be the Prime Minister.
+
'''32.''' (1) For the purposes of this Constitution, unless otherwise provided, “Parliament” consists of the House of Representatives, the Senate and the President as Head of State.
-
(2) The President of the Republic, acting on the advice of the Prime Minister, shall appoint as Ministers such persons, not exceeding four in number, to administer such departments of state as the Prime Minister may determine.
+
(2) Unless otherwise provided in this Constitution, an “Act of Parliament” shall be a Bill which has —
 +
<br>(i) been laid before and passed by a majority of the House of Representatives;
 +
<br>(ii) been laid before and passed by a majority of the Senate; and
 +
<br>(iii) been assented to by the President in accordance with this Chapter.
-
'''24.''' (1) No person may be appointed Prime Minister unless he is at the time of his appointment a member of the House of Representatives or the Senate.
+
(3) “Chamber” means either the Chamber of the National Assembly or of the Senate.
-
(2) No person may be appointed as a Minister unless he is at the time of his appointment a member of the House of Representatives or the Senate.
+
<center>PART II<br>THE HOUSE OF REPRESENTATIVES</center>
-
(3) The Prime Minister or a Minister shall cease to hold office if he ceases to be a member of the House of Representatives or the Senate, as the case may be, or if he becomes subject to any disabilities or disqualifications that would require him to vacate his seat as a a member of the House of Representatives or of the Senate.
+
'''33.''' The House of Representatives shall be composed of members who represent constituencies determined by law.
-
'''25.''' Ministers shall hold office during the pleasure of the Prime Minister and may be removed from office by the President of the Republic on the proposal of the Prime Minister.
+
(2) The number of members shall from time to time be fixed by law, but the total number of members of the House of Representatives shall not be fixed at less than one member for each thirty thousand of the population, or at more than one member for each twenty thousand of the population.
-
'''26.''' (1) The Prime Minister may resign his office by lodging his resignation in writing with the President of the Republic.
+
(3) The ratio between the number of members to be elected at any time for each constituency and the population of each constituency, as ascertained at the last preceding census, shall, so far as it is practicable, be the same throughout the country.
-
(2) A Minister may resign his office by notice in writing to the Prime Minister.
+
(4) Parliament shall revise the constituencies at least once in every ten years, with due regard to changes in distribution of the population, but any alterations in the constituencies shall not take effect during the life of the House of Representatives sitting when such revision is made.
-
(3) The Prime Minister or a Minister may resign his office without vacating his seat in the House of Representatives or the Senate, as the case may be.
+
(5) The members shall be elected on the system of proportional representation by means of the single transferable vote.
-
'''27.''' (1) The Prime Minister shall determine the general policy of the government and set the guidelines of national policy. He shall ensure unity in political and administrative policies and promote and coordinate the activity of the Cabinet.
+
(6) No law shall be enacted whereby the number of members to be returned for any constituency shall be less than three.
-
(2) Within the limits of the general policy determined by the Prime Minister, each Minister shall conduct the business of his department autonomously and on his own responsibility.
+
'''34.''' No person shall be qualified to be a member of the House of Representatives, unless he —
 +
<br>(''a'') is at least twenty-one years of age;
 +
<br>(''b'') is an elector entitled to vote at the election of members of the House of Representatives, or a person qualified to become such elector;
 +
<br>(''c'') has resided for five years within the limits of the Republic;
 +
<br>(''d'') is a _____ citizen.
-
'''28.''' Each member of the Cabinet shall before assuming his duties as a member thereof make and subscribe an oath before the President of the Republic in the following form:
+
'''35.''' (1) The House of Representatives shall, before proceeding to the dispatch of any other business, elect from its members a Speaker and a Deputy-Speaker. The Speaker, or in his absence the Deputy-Speaker, shall preside over sessions of the House of Representatives. Should neither the Speaker nor the Deputy-Speaker be present at any session, the House of Representatives shall elect from amongst its members a person to act as Speaker in their absence during that session.
-
"I, A.B., do hereby swear (or affirm) to be faithful to the Republic of Ledgersia and to hold my office as a member of the Cabinet with honor and dignity; to respect and uphold the Constitution and all other laws 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."
+
(2) The Speaker or the Deputy-Speaker, as the case may be, shall cease to hold office if he ceases to be a member of the House of Representatives and he may be removed from office by a vote of the House, or he may resign his office either by announcing his resignation in person to the House or by notice in writing to the Secretary to Parliament.
-
(In case of affirmation, the last sentence may be omitted.)
+
'''36.''' (1) The House of Representatives shall be a directly elected Chamber the primary purpose of which shall be legislative and which shall have power, subject to this Constitution, to —
 +
<br>(''a'') receive, amend, accept or reject Government Bills and Private Bills;
 +
<br>(''b'') initiate Private Member's Bills on the motion of any member and amend, accept or reject all Private Member's Bills;
 +
<br>(''c'') receive, amend, accept or reject any Bills remitted from the Senate;
 +
<br>(''d'') debate and vote motions in relation to any matter including motions to indict and convict the President by impeachment;
 +
<br>(''e'') exercise such other functions and powers as are conferred on it by this Constitution; and
 +
<br>(''f'') take all actions incidental to and necessary for the proper exercise of its functions.
-
'''29.''' (1) The Prime Minister shall be responsible to the President of the Republic and, within the ambit of the political responsibility of the Cabinet, to the House of Representatives.
+
(2) For the purposes of this Constitution —
 +
<br>(''a'') a Government Bill shall be a Bill promulgated by the Government and introduced to Parliament on behalf of the Government;
 +
<br>(''b'') a Private Bill shall be —
 +
<br>(i) promulgated by an agency that is not part of the Government; and
 +
<br>(ii) introduced to Parliament on behalf of that agency where that agency is mandated by an Act of Parliament so to do;
 +
<br>(''c'') a Private Member's Bill shall be —
 +
<br>(i) promulgated by a member of Parliament; and
 +
<br>(ii) introduced by that member in the Chamber of which he is a member in accordance with the procedure of that Chamber.
-
(2) Members of the Cabinet shall be responsible to the Prime Minister and, within the ambit of the political responsibility of the Cabinet, to the House of Representatives.
+
<center>PART III<br>THE SENATE</center>
-
'''30.''' (1) Within at most ten days of its appointment, the Cabinet shall be obliged to request a vote of confidence by the House of Representatives.
+
'''37.''' (1) The Senate shall consist of ten members from each province referred to in section _____, to be elected from amongst their members by the Provincial Councils for such province.
-
(2) In the event that the House of Representatives is not in full session, the Speaker shall obligatorily call it for this purpose.
+
(2) The election of senators shall take place according to the principle of proportional representation, each voter having one transferable vote.
-
(3) The House of Representatives may decide to withdraw its confidence from the Cabinet or from a Minister. A motion of censure may not be submitted before the lapse of six months from the rejection by the House of Representatives of such a motion. A motion of censure must be signed by at least one quarter of the number of all the members of the House of Representatives in full exercise of their office and must explicitly state the subjects on which the debate is to be held.
 
-
(4) A motion of censure may, exceptionally, be submitted before the lapse of six months, if it is signed by the majority of the total number of members of the House of Representatives in full exercise of their office.
+
The Senate shall be an indirectly elected Chamber the primary purpose of which shall be deliberative and which shall have power, subject to this Constitution, to —
 +
<br>(''a'') receive, scrutinize and amend Bills from the House of Representatives;
 +
<br>(''b'') vote motions to confirm or remit Bills passed by the House of Representatives;
 +
<br>(''c'') debate any issue on its own motion, initiate Private Member's Bills and vote motions in respect of any matter, including motions to indict or convict the President by impeachment;
 +
<br>(''d'') exercise such other functions and powers as are conferred on it by this Constitution;
 +
<br>(''e'') carry out such other functions as may be delegated to it by an Act of Parliament; and
 +
<br>(''f'') take all actions incidental to and necessary for the proper exercise of its functions.
-
(5) The debate on a motion of confidence or censure shall commence two days after the motion is submitted, unless, in the case of a motion of censure, the Prime Minister requests its immediate commencement; in all cases the debate may not be prolonged for more than three days from its commencement.
 
-
(6) The vote on a motion of confidence or censure shall be held immediately after the termination of the debate; it may, however, be postponed for forty-eight hours if the Prime Minister so requests.
 
-
(7) A motion of confidence or censure shall be adopted only if it is approved by an absolute majority of the total number of members of the House of Representatives in full exercise of their office.
 
-
'''31.''' The Cabinet shall resign upon-
 
-
<br>(a) the beginning of a new legislature;
 
-
<br>(b) acceptance by the President of the Republic of the resignation of the Prime Minister;
 
-
<br>(c) the death or lasting physical or mental incapacitation of the Prime Minister;
 
-
<br>(d) rejection, by either the House of Representatives or the Senate, of any bill which appropriates revenue or moneys for the ordinary annual requirements or services of the government;
 
-
<br>(e) the failure of any confidence motion;
 
-
<br>(f) the passage of a motion of censure by an absolute majority of all the members of the House of Representatives in full exercise of their office.
 
-
'''32.''' (1) No member of the Cabinet shall be detained, arrested, or imprisoned without the authorization of at least two-thirds of the total number of members of the house of Parliament of which that person is a member, save for a serious crime punishable by imprisonment for a maximum term of more than three years and in ''flagrante delicto''.
 
-
(2) In the event that criminal proceedings are brought against the Prime Minister or any Minister and he is definitively charged, the house of Parliament of which that person is a member shall decide whether or not that person shall be suspended so that the proceedings can take their course. In the case of a crime of the type referred to in the previous subsection, the House of Representatives or the Senate, as the case may be, shall obligatorily suspend him.
 
-
'''33.''' (1) The Prime Minister and the members of the Cabinet shall receive such salaries and allowances as shall be prescribed by a law of Parliament.
 
-
(2) The salaries of the Prime Minister and of the members of the Cabinet shall not be increased or decreased during their term of office.
 
-
==<center>Chapter 3 - Parliament</center>==
 
-
===<center>Part I - Composition and Staff of Parliament</center>===
 
-
'''34.''' The legislative power of Ledgersia shall be vested in Parliament, which shall consist of the Senate and the House of Representatives.
 
-
'''35.''' (1) There shall be:
 
-
<br>(a) a President and a Deputy President of the Senate, who shall be elected by the members of that House from among themselves; and
 
-
<br>(b) a Speaker and a Deputy Speaker of the House of Representatives, who shall be elected by the members of that House from among themselves.
 
-
(2) The President or Deputy President of the Senate or the Speaker or Deputy Speaker of the House of Representatives shall vacate his office-
 
-
<br>(a) if he ceases to be a member of the Senate or of the House of Representatives, as the case may be, otherwise than by reason of a dissolution of the Senate or the House of Representatives; or
 
-
<br>(b) when the House of which he was a member first sits after any dissolution of that House; or
 
-
<br>(c) if he is removed from office by a resolution of the Senate or of the House of Representatives, as the case may be, by the votes of not less than two-thirds majority of the members of that House; or
 
-
<br>(d) if he becomes a member of the Cabinet.
 
-
'''36.''' (1) There shall be a Secretary to Parliament appointed by the Speaker after consulting the President of the Senate and subject to the approval of the House of Representatives.
 
-
(2) A person appointed as the Secretary to Parliament shall not be removable from office except in pursuance of a resolution by the House of Representatives.
 
-
(3) The salary of the Secretary to Parliament shall not be increased or decreased during his continuance in office.
 
-
(4) Subject to any wishes which may be expressed from time to time by the House of Representatives, the Speaker shall, after consulting the President 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 House of Representatives and shall be deemed to be public officers but shall not form part of the civil service of the Government of Ledgersia.
+
'''33.''' (1) The quorum of each Chamber shall be formed by the presence at the beginning of any sitting of at least two-thirds of the members of that Chamber entitled to vote, not including the Speaker or a presiding member.
-
===<center>Part II - The Senate</center>===
+
(2)  
-
'''37.''' (1) The Senate shall be composed of:
+
-
<br>(a) ten Senators from each State, appointed by the legislature thereof, at the regular session next immediately preceding the commencement of the term of service;
+
-
<br>(b) former Presidents of the Republic who have served for six consecutive years in that capacity, except for the occurrence of the situations described in section twelve;
+
-
<br>(c) the candidate who received the second largest number of votes in the most recent presidential election.
+
-
(2) The Senators referred to in paragraph (a) of subsection (1) shall remain in office for a period of eight years and they shall be replaced alternately every four years. Those representing odd-numbered States shall be replaced in one period, and those representing even-numbered States shall be replaced in the following period.
 
-
(3) The Senators referred to in paragraph (b) of subsection (1) shall hold their positions in their own right for life, without prejudice that incompatibilities, incapacities, and grounds for removal described in section fifty-six may be applied. They shall not, however, be eligible for appointment to the Cabinet.
+
 
-
(4) The Senator referred to in paragraph (c) of subsection (1) shall remain in office for a period of eight years.
 
-
'''38.''' If the seat of a Senator referred to in paragraph (a) of subsection (1) of section thirty-seven becomes vacant from whatever cause, the State legislature which appointed him shall, as soon as is practicable, 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.
+
The legislative power of _____ shall be vested in the Legislature which shall consist of the President and Congress.
-
'''39.''' No person shall be qualified to be appointed as a Senator in terms of paragraph (a) of subsection (1) of section thirty-seven unless he is a citizen of Ledgersia by birth, has attained thirty years of age, is registered as a voter or is qualified to be registered as such, and has resided for at least five years within the limits of the State by which he shall be appointed.
+
'''32.''' The Congress of _____ shall consist of a Senate and a House of Representatives.
-
'''40.''' All questions in the Senate shall be determined by a majority of votes of members present; but the President of the Senate or the presiding member, as the case may be, shall not be entitled to vote. In the case of an equality of votes, the question shall pass in the negative.
 
-
===<center>Part III - The House of Representatives</center>===
 
-
'''41.''' The House of Representatives shall be composed of one hundred and seventy-five members directly chosen by the voters of Ledgersia as hereinafter provided.
 
-
'''42.''' (1) Members shall be elected for plurinominal constituencies that shall be geographically defined by law; but no constituency shall form part of more than one State. The law shall lay down the nature and complementarity of the constituencies in such a way as to ensure that votes are converted into seats in accordance with the proportional representation system and using the Sainte-Laguë highest average method.
+
'''33.''' Any question proposed for decision by the House of Representatives or by the Senate shall be decided by a majority of the votes of the members present and voting, unless this Constitution or any other Act of the Legislature otherwise provides.
-
(2) The number of members for each constituency shall be proportional to the number of citizens registered to vote therein.
+
'''34.'''
-
(3) Nominations shall be submitted by political parties as laid down by law. Parties may submit such nominations individually or in coalition and their lists of candidates may include citizens who are not registered members of any of the parties in question.
 
-
(4) No one shall be a candidate for more than one constituency. No one may appear on more than one list.
 
-
(5) The law shall not limit the conversion of votes into seats by requiring a minimum national percentage of votes cast.
 
-
'''43.''' (1) Every House of Representatives shall continue for five years from the first meeting thereof and no longer, but may be sooner dissolved by the President.
 
-
(2) A general election of members of the House of Representatives shall be held on such day within a period not exceeding four months after the issue of a proclamation dissolving the House of Representatives as the President may in that proclamation fix.
+
<center>PART II<br>THE SENATE</center>
-
(3) At any general election of members of the House of Representatives, all polls shall be taken on one and the same day in all the constituencies throughout Ledgersia.
+
'''33.''' (1) The Senate shall consist of ten members from each province referred to in section _____, to be elected from amongst their members by the Provincial Councils for such province.
-
(4) The registration of voters and the conduct of elections of members of the House of Representatives shall be subject to the direction and supervision of the Federal Electoral Commission.
+
(2) The election of senators shall take place according to the principle of proportional representation, each voter having one transferable vote.
-
'''44.''' No person shall be qualified to be elected as a member of the House of Representatives unless he is a citizen of Ledgersia by birth, has attained twenty-five years of age, is registered as a voter or is qualified to be registered as such, and has resided for at least five years within the limits of the constituency by which he shall be elected.
+
'''34.''' The qualification of a senator shall be the same as those of a member of the House of Representatives.
-
'''45.''' Electoral law shall regulate the filling of vacancies that arise in the House of Representatives and, in cases in which there are important grounds for doing so, the temporary substitution of members.
+
'''35.''' (1) Members of the Senate shall hold their seats for five years from the date of their election and shall be eligible for re-election.
-
'''46.''' All questions in the House of Representatives shall be determined by a majority of votes of members present other than the Speaker or the presiding member, who shall, however, have and exercise a casting vote in the case of an equality of votes.
+
(2) If the seat of a senator becomes vacant, an election for a successor to occupy the vacant seat until the expiry of the predecessor's term of office shall be held, except in the instance where such vacancy arises less than six months before the expiry of the term of the Senate, in which instance such vacancy need not be filled.
-
===<center>Part IV - Both Houses of Parliament</center>===
+
'''36.''' (1) The Senate shall, before proceeding to the dispatch of any other business, elect from its members a Chairman and a Vice-Chairman. The Chairman, or in his absence the Vice-Chairman, shall preside over sessions of the Senate. Should neither the Chairman nor the Vice-Chairman be present at any session, the Senate shall elect from amongst its members a person to act as Chairman in their absence during that session.
-
'''52.''' Every member of the Senate or the House of Representatives shall, before taking his seat, take and subscribe an oath in the following form:
+
-
"I, A.B., do hereby swear (or affirm) to be faithful to the Republic of Ledgersia, 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."
+
(2) The Chairman or the Vice-Chairman, as the case may be, shall cease to hold office if he ceases to be a senator and he may be removed from office by a vote of the Senate, or he may resign his office either by announcing his resignation in person to the Senate or by notice in writing to the Secretary to Congress.
-
(In case of affirmation, the last sentence may be omitted.)
+
'''37.''' The presence of a majority of the members of the Senate shall be necessary to constitute a meeting of the Senate for the exercise of its powers and the performance of its functions.
-
'''53.''' Notwithstanding any dissolution of the Senate or the House of Representatives, whether by effluxion of time or otherwise:
+
'''38.''' All questions in the Senate shall be determined by a majority of the votes cast by members present other than the Chairman, or in his absence the Vice-Chairman or the member presiding at that session, who shall, however, have and may exercise a casting vote in the case of an equality of votes.
-
<br>(a) every person who at the date of the dissolution is a member of the body concerned shall remain a member thereof;<br>(b) the said body shall remain competent to perform its functions; and
+
-
<br>(c) the President of the Republic 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.
+
<center>PART III<br>THE HOUSE OF REPRESENTATIVES</center>
-
'''54.''' (1) At any sitting of Parliament-
+
'''39.''' (1) The House of Representatives shall be composed of members who represent constituencies determined by law.
-
<br>(a) in the case of the Senate, the President of the Senate shall preside, and in his absence the Deputy President shall preside; and
+
-
<br>(b) in the case of the House of Representatives, the Speaker of that House shall preside, and in his absence the Deputy Speaker shall preside.
+
-
(2) At any joint sitting of the Senate and House of Representatives-
+
(2) The number of members shall from time to time be fixed by law, but the total number of members of the House of Representatives shall not be fixed at less than one member for each thirty thousand of the population, or at more than one member for each twenty thousand of the population.
-
<br>(a) the President of Senate shall preside, and in his absence the Speaker of the House of Representatives shall preside; and
+
-
<br>(b) in the absence of the persons mentioned in paragraph (a) of this subsection, the Deputy President of the Senate shall preside, and in his absence the Deputy Speaker of the House of Representatives shall preside.
+
-
(3) In the absence of the persons mentioned in the foregoing provisions of this section, such member of the Senate or the House of Representatives or of the joint sitting, as the case may be, as the Senate or the House of Representatives or the joint sitting may elect for that purpose shall preside.
+
(3) The ratio between the number of members to be elected at any time for each constituency and the population of each constituency, as ascertained at the last preceding census, shall, so far as it is practicable, be the same throughout the country.
-
'''55.''' (1) The quorum of the Senate or of the House of Representatives shall be one-third of all the members of the House concerned.
+
(4) Congress shall revise the constituencies at least once in every ten years, with due regard to changes in distribution of the population, but any alterations in the constituencies shall not take effect during the life of the House of Representatives sitting when such revision is made.
-
(2) The quorum of a joint sitting of both the Senate or of the House of Representatives shall be one-third of all the members of both Houses.
+
(5) The members shall be elected on the system of proportional representation by means of the single transferable vote.
-
'''56.''' (1) The Senate or the House of Representatives may appoint a committee of its members for such special or general purpose as in its opinion would be better regulated and managed by means of such a committee, and may by resolution, regulation or otherwise, as it thinks fit, delegate any functions exercisable by it to any such committee.
+
(6) No law shall be enacted whereby the number of members to be returned for any constituency shall be less than three.
-
(2) The number of members of a committee appointed under this section, their terms of office and quorum shall be fixed by the House appointing it.
+
'''40.''' At any general election of members of the House of Representatives, all polls shall be take on one and the same day in all the constituencies throughout the Republic, such day to be appointed by the President.
-
(3) Nothing in this section shall be construed as authorizing such House to delegate to a committee the power to decide whether a bill shall be passed into law or to determine any matter which it is empowered to determine by resolution under the provisions of this Constitution, but the committee may be authorized to make recommendations to the House on any such matter.
+
'''41.''' No person shall be qualified to be a member of the House of Representatives, unless he —
 +
<br>(''a'') is at least twenty-one years of age;
 +
<br>(''b'') is an elector entitled to vote at the election of members of the House of Representatives, or a person qualified to become such elector;
 +
<br>(''c'') has resided for five years within the limits of the Republic;
 +
<br>(''d'') is a _____ citizen.
-
'''57.''' (1) A member of the Senate who is elected as a member of the House of Representatives shall vacate his seat as a Senator with effect from the date on which he becomes a member of the House of Representatives.
+
'''42.''' Every House of Representatives shall continue for five years from the first meeting thereof, and no longer, but may at any time be dissolved by the President by proclamation in the ''Gazette''.
-
(2) A member of the House of Representatives who is appointed as a Senator shall vacate his seat as a member of the House of Representatives with effect from the day on which he becomes a member of the Senate.
+
'''43.''' (1) The House of Representatives shall, before proceeding to the dispatch of any other business, elect from its members a Speaker and a Deputy-Speaker. The Speaker, or in his absence the Deputy-Speaker, shall preside over sessions of the House of Representatives. Should neither the Speaker nor the Deputy-Speaker be present at any session, the House of Representatives shall elect from amongst its members a person to act as Speaker in their absence during that session.
-
(3) The Prime Minister and the other members of the Cabinet shall have the right to sit and speak both in the Senate and in the House of Representatives but shall the right to vote only in the House of Representatives.
+
(2) The Speaker or the Deputy-Speaker, as the case may be, shall cease to hold office if he ceases to be a member of the House of Representatives and he may be removed from office by a vote of the House, or he may resign his office either by announcing his resignation in person to the House or by notice in writing to the Secretary to Congress.
-
'''58.''' No person shall be capable of being elected or appointed or of sitting as a member of the Senate or the House of Representatives, if he-
+
'''44.''' The presence of a majority of the members of the House of Representatives shall be necessary to constitute a meeting of the House for the exercise of its powers and the performance of its functions.
-
<br>(a) has voluntarily acquired citizenship of a country other than Ledgersia or has made a declaration of allegiance to such a country; or
+
-
<br>(b) is adjudged to be a lunatic or otherwise declared to be of unsound mind by a competent court; or
+
-
<br>(c) is an undischarged bankrupt, having been adjudged or otherwise declared bankrupt under any law in force in Ledgersia; or
+
-
<br>(d) is a member of the public service of Ledgersia or the public service of a State, a member of the armed forces, or the holder of any other office or emolument under Ledgersia; or
+
-
<br>(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.
+
-
'''59.''' (1) The seat of a member of the Senate or the House of Representatives shall become vacant-
+
'''45.''' All questions in the House of Representatives shall be determined by a majority of the votes cast by members present other than the Speaker, or in his absence the Deputy-Speaker or the member presiding at that session, who shall, however, have and may exercise a casting vote in the case of an equality of votes.
-
<br>(a) if he resigns his seat by notice in writing to the President of the Senate or the Speaker, as the case may be, or, in the case of the death, incapacity, or absence from Ledgersia of the President of the Senate or the Speaker, to the Secretary to Parliament; or
+
-
<br>(b) if he is absent from twenty-one consecutive sittings during any session without the leave of the Senate or the House of Representatives, as the case may be, and the Senate or the House of Representatives has resolved by a majority of the total membership of the Senate or the House of Representatives that the seat shall become vacant; or
+
-
<br>(c) if he accepts any public office; or
+
-
<br>(d) if he ceases to be qualified for appointment to the Senate or election to the House of Representatives, as the case may be; or
+
-
<br>(e) if he becomes subject to any of the disabilities mentioned in the previous section.
+
-
(2) The resignation of a member of the Senate or the House of Representatives shall not become effective to render the seat of that member vacant under the provisions of paragraph (b) of subsection (1) in any case in which-
+
<center>PART IV<br>SENATE AND HOUSE OF REPRESENTATIVES</center>
-
<br>(a) proceedings are pending in respect of that member's appointment or election, as the case may be, if it is alleged that illegal or corrupt practices took place at such appointment or election; or
+
-
<br>(b) proceedings in the Senate or the House of Representatives, as the case may be, are contemplated or pending in respect of that member's conduct in or as a member of the Senate or the House of Representatives;
+
-
unless the Senate or the House of Representatives, as the case may be, by resolution accepts the resignation.
+
'''Section.''' (1) There shall be charged upon and paid out of the Consolidated Revenue Fund
-
(3) For the purposes of paragraph (d) of subsection (1), a person shall not be deemed to have accepted a public office by reason of-
 
-
<br>(a) accepting appointment as Prime Minister or a Minister; or
 
-
<br>(b) holding any office for which no renumeration is paid other than payment by way of traveling or subsistence allowances or out-of-pocket expenses.
 
-
(4) If any person who is by law incapable of sitting as a Senator or member of the House of Representatives 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 House of Representatives, 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 Revenue Fund by action of the Supreme Court.
 
-
===<center>Part V - General Powers and Procedure</center>===
 
-
'''60.''' (1) Parliament shall be the sovereign legislative power in and over Ledgersia.
 
-
(2) Parliament shall have power-
 
-
<br>(i) to lay and collect taxes, duties, imposts, and excises for revenue, necessary to pay the debts, provide for the common defense, and carry on the Government of Ledgersia; but no bounties shall be granted from the Federal Revenue Fund; nor shall any duties or taxes on importations from foreign nations be laid to promote or foster any branch of industry; and all duties, imposts, and excises shall be uniform throughout Ledgersia; and all taxes shall be collected in gold and silver;
 
-
<br>(ii) to borrow money on the public credit of Ledgersia;
 
-
<br>(iii) to regulate trade and commerce with foreign nations; but neither this, nor any other clause contained in the Constitution, shall ever be construed to delegate the power to Parliament to appropriate money for any internal improvement intended to facilitate commerce;
 
-
<br>(iv) to coin money and regulate the value thereof; but Parliament may not make anything but gold and silver coin a tender in payment of debts; and all appropriations of public monies shall be made in gold or silver;
 
-
<br>(v) to provide for the punishment of counterfeiting the securities and current coin of Ledgersia;
 
-
<br>(vi) to establish uniform laws on naturalization throughout Ledgersia;
 
-
<br>(vii) to establish uniform laws on bankruptcy and insolvency throughout Ledgersia;
 
-
<br>(viii) to constitute federal courts inferior to the Supreme Court;
 
-
<br>(ix) to define and punish piracies and felonies committed on the high seas, and offenses against the law of nations;
 
-
<br>(x) to raise and support an army, an air force, or an army and an air force, but only in time of war; and no appropriation of money to that use shall be permitted after the cessation of a time of war;
 
-
<br>(xi) to authorize the President of the Republic to declare war and to make peace;
 
-
<br>(xii) to grant letters of marque and reprisal and make rules concerning captures on land, water, and in the air;
 
-
<br>(xiii) to provide and maintain a navy;
 
-
<br>(xiv) to make rules for the government and regulation of the armed forces;
 
-
<br>(xv) to provide for calling forth the militia to suppress insurrections and repel invasion;
 
-
<br>(xvi) to provide for organizing, arming, and disciplining the militia, and for governing such part of them as may be employed in the service of Ledgersia; reserving to the States, respectively, the appointment of the officers, and the authority of training the militia according to the discipline prescribed by Parliament; and
 
-
<br>(xvii) to acquire property on just terms from any State or person for any purpose in respect of which Parliament has power to make laws.
 
-
(3) Parliament shall, subject to this Constitution, have exclusive power to make laws with respect to:
 
-
<br>(i) the seat of Government of Ledgersia, and all places acquired by Ledgersia for public purposes;
 
-
<br>(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;
 
-
<br>(iii) external affairs;
 
-
<br>(iv) national defense; and
 
-
<br>(v) other matters declared by this Constitution to be within the exclusive power of Parliament.
 
-
'''61.''' Subject to the provisions of this Constitution, the Senate and the House of Representatives may, jointly or severally as may be appropriate, make Standing Orders with respect to-
 
-
<br>(a) the passing, instituting, and numbering of Bills;
 
-
<br>(b) the notification to the President of any vacancy in the membership of the Senate or the House of Representatives; and
 
-
<br>(c) any manner in connection with which Standing Orders may be made in terms of this Constitution;
 
-
and, generally, with respect to the regulation and orderly conduct of proceedings and business in and between the Senate and the House of Representatives.
 
-
'''62.''' Subject to the other provisions of this Constitution, a law of Parliament may make provision to determine and regulate the privileges, salaries, immunities, and powers of the Senate, the House of Representatives, and the members thereof.
 
-
'''63.''' (1) The President of the Republic or the Prime Minister may at any time-
 
-
<br>(a) attend and address the Senate or the House of Representatives; or
 
-
<br>(b) call a joint meeting of the Senate and the House of Representatives and attend and address such joint meeting.
 
-
(2) The President of the Republic or the Prime Minister may send messages to the Senate or the House of Representatives and any such message shall be read by a member of the Cabinet designated by the President of the Republic or the Prime Minister, as the case may be, at the first convenient sitting of the the Senate or the House of Representatives, as the case may be, after it is received.
 
-
(4) The Senate and the House of Representatives may, either jointly or severally, pursuant to a resolution, invite any person to address the Senate or the Representatives or, as the case may be, a joint meeting of the Senate and the House of Representatives.
+
'''39.''' (1) Every Parliament shall continue for five years from the day on which its first session commences.
-
===<center>Part VI - Procedure in Regard to Bills</center>===
+
(2) The President —
-
'''64.''' (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 licences, or fees for services under the proposed law.
+
<br>(''a'') may dissolve Parliament by proclamation in the ''Gazette'' at any time; and
 +
<br>(''b'') shall so dissolve Parliament, unless he resigns from office, if each House, during one and the same ordinary session of Parliament —
 +
<br>(i) passes a motion of no confidence in the Cabinet within any period of 14 days; or
 +
<br>(ii) rejects any bill which appropriates revenue or moneys for the ordinary annual requirements or services of the departments of State controlled by members of the Cabinet.
-
(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) Subject to the provisions of subsection (2) —
 +
<br>(''a'') the President may dissolve any House by proclamation in the ''Gazette'' if —
 +
<br>(i) such House passes a motion of no confidence in the Cabinet; or
 +
<br>(ii) such House rejects any bill referred to in subsection (2) (b) (ii); or
 +
<br>(iii) any circumstance contemplated in section 37 (2) applies to such House; or
 +
<br>(iv) the Ministers' Council in question requests him to do so;
 +
<br>(''b'') the President shall so dissolve any House or reconstitute the Ministers' Council in question if —
 +
<br>(i) such House passes a motion of no confidence in the Ministers' Council in question; or
 +
<br>(ii) such House rejects any bill referred to in section 31 which appropriates revenue or moneys for the ordinary annual requirements or services of the departments of State controlled by members of the Ministers' Council in question.
-
(3) The Senate may not amend any proposed law so as to increase any proposed charge or burden on the people.
+
'''40.''' Notwithstanding the dissolution of any House in terms of this Act, whether by a dissolution of Parliament or otherwise and whether by effluxion of time or otherwise —
 +
<br>(''a'') every person who at the date of the dissolution is a member of such House shall remain a member thereof;
 +
<br>(''b'') such House shall remain competent to perform its functions; and
 +
<br>(''c'') the President shall have power to summon Parliament or the House in question 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.
-
(4) The Senate may at any stage return to the House of Representatives any proposed law which the Senate may not amend, requesting, by message, the omission or amendment of any items or provisions therein. And the House of Representatives 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 House of Representatives in respect of all proposed laws.
 
-
'''65.''' The proposed law which appropriates revenue or moneys for the ordinary annual services of the Government shall deal only with such appropriation.
 
-
'''66.''' (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.
+
(1) There shall be a Leader of the Opposition, who shall be elected by the largest parliamentary party or coalition of parliamentary parties in Parliament not forming the Government.
-
(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.
+
(2) In relation to the conduct of business in Parliament, the Leader of the Opposition shall —
 +
<br>(''a'') rank in precedence immediately following the President, the Deputy President, the Prime Minister and the Speaker;
 +
<br>(''b'') have the right of participation at all official state functions; and
 +
<br>(''c'') have the right of second reply, after the Prime Minister, to an address to Parliament by the President.
-
'''67.''' 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 of the Republic to the House in which the proposal originated.
+
(3) The Standing Orders of Parliament shall provide for the effective participation in Parliament of the Leader of the Opposition.
-
'''68.''' (1) If the House of Representatives passes any proposed law, and the Senate rejects or fails to pass it, or passes it with amendments to which the House of Representatives will not agree, and if after an interval of three months the House of Representatives, 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 House of Representatives will not agree, the Governor-General may dissolve the Senate and the House of Representatives simultaneously. But such dissolution shall not take place within six months before the date of the expiry of the House of Representatives by effluxion of time.
 
-
(2) If after such dissolution the House of Representatives 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 House of Representatives will not agree, the President of the Republic may convene a joint sitting of the members of the Senate and of the House of Representatives.
 
-
(3) The members present at the joint sitting may deliberate and shall vote together upon the proposed law as last proposed by the House of Representatives, 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 House of Representatives 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 House of Representatives, it shall be taken to have been duly passed by both Houses of the Parliament, and shall be presented to the President of the Republic for his assent.
+
102.
-
'''69.''' (1) When a proposed law passed by both Houses of the Parliament is presented to the President of the Republic for assent, he shall within thirty days thereof declare, subject to the law and constitutional convention, that he assents or refuses assent thereto.
+
A quorum of Parliament, apart from the person presiding, shall be one-third of all the members of Parliament.
-
(2) Where the President of the Republic withholds his assent and the bill is again passed by each House by two-thirds majority, the bill shall become law and the assent of the President of the Republic shall not be required.
+
103.
-
(3) A law 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.
+
(1) Parliament shall appoint standing committees and other committees as may be necessary for the effective discharge of its functions.
-
'''70.''' (1) As soon as may be after a bill has become law, the Secretary to Parliament shall cause a fair copy of the Act, duly authenticated by the signature of the President of the Republic and the Public Seal of Ledgersia, 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) The standing committees shall be appointed at the first meeting of Parliament after the election of the Speaker and the Deputy Speakers.
-
(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 of the Republic 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.
+
(3) Committees of Parliament shall be charged with such functions, including the investigation and inquiry into the activities and administration of ministries and departments as parliament may determine; and such investigation and inquiries may extend to proposals for legislation.
-
(3) The validity of an Act of Parliament or of a revised edition of the laws shall not depend upon the enrollment or deposit thereof in pursuance of the provisions of this section.
+
(4) Every member of Parliament shall be a member of at least one of the standing committees.
-
===<center>Part VII - Limitations on Parliament</center>===
+
(5) The composition of the committees shall, as much as possible, reflect the different shades of opinion in Parliament.
-
'''71.''' No bill of attainder or ''ex post facto'' law shall be passed.
+
-
'''72.''' No capitation or other direct tax shall be laid.
+
(6) A committee appointed under this article shall have the powers, rights and privileges of the High Court or a Justice of the High Court at a trial for -
-
'''73.''' No tax or duty shall be laid on articles exported from any State.
+
(a) enforcing the attendance of witnesses and examining them on oath, affirmation or otherwise;
-
'''74.''' No preference shall be given by any regulation of commerce or revenue to the ports of one State over those of another.
+
(b) compelling the production of documents; and
-
'''75.''' No increase in the salaries of Senators or members of the House of Representatives shall take effect until after the expiration of the full term of all the members of the Senate and the House of Representatives approving such increase.
+
(c) issuing a commission or request to examine witnesses abroad.
-
'''76.''' No law which is inconsistent with the Bill of Rights in particular or with the Constitution in general shall be passed; any such law shall, to the extent of such inconsistency, be null and void.
+
==hmm==
 +
'''Section.''' (1) There shall be charged upon and paid out of the Consolidated Revenue Fund to the Chairman of the Senate and to the Speaker such salaries as may from time to time be prescribed by a law of the Legislature and such allowances as may be prescribed by or under any such law.
 +
 
 +
(2) The salary of the Chairman of the Senate or of the Speaker shall not be reduced during his continuance in office.
 +
 
 +
(3) A person who was the Chairman of the Senate or the Speaker immediately before a dissolution of Congress
 +
 
 +
 
 +
 
 +
 
 +
 
 +
==Right of secession==
 +
1. Every State shall have the right to secede from the Federation in accordance with the conditions hereinafter prescribed.
 +
 
 +
2. (1) Any State wishing to exercise the right of secession shall have a resolution to that effect passed by its Legislative Assembly. No such resolution shall be deemed to have been passed unless not less than two-thirds of the total number of members of the Legislative Assembly concerned have voted in its favor.
 +
 
 +
(2) The Governor of the State concerned shall notify the President of any such resolution passed by the Legislative Assembly and shall send him a copy of such resolution certified by the Speaker of the Legislative Assembly by which it was passed.
 +
 
 +
3. The President shall thereupon order a plebiscite to be taken for the purpose of ascertaining the will of the people of the State concerned.
 +
 
 +
4. The President shall appoint a Plebiscite Commission consisting an equal number of members representing the Federation and the State concerned in order to supervise the plebiscite.

Current revision as of 10:47, 15 June 2012

Final Constitution
Revised Constitution of Ledgersia
Constitution of possible new country


President: Clifford Barton
Vice-President: Edwin T. Roberts
Prime Minister
Minister of Citizenship and Immigration
Minister of Defense
Minister of Finance
Minister of Foreign Affairs and International Cooperation
Minister of Infrastructure
Minister of Intergovernmental Affairs
Minister of Justice and Law and Order
Minister of Natural Resources
Minister of Public Works and Government Services
Minister of Trade
Minister of Transport and Communications
Minister of Veterans Affairs
Attorney-General
Chief Government Whip


Contents

[edit]
CHAPTER II

EXECUTIVE GOVERNMENT

11. The executive government of the Republic in regard to any aspect of its internal or external affairs is vested in the President and shall be exercised by him, either directly or through officers subordinate to him, in accordance with the Constitution.

12. The President, in his capacity as commander-in-chief of the defense forces of _____, may, subject to such conditions as may be prescribed by or under any law —
(a) mobilize and call out the defense forces or any part thereof for operational purposes or otherwise for the maintenance of law and order, the preservation of the peace, the protection of life, health or property or the provision or continuance of essential services; and
(b) confer commissioned ranks in the defense forces on any person serving or qualified to serve therein and give to such person a commission under his hand.

13. (1) The President shall in addition to the other provisions of this Constitution, further 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 to 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.

(2) Subject to the provisions of this Constitution and other law by which powers or duties are conferred or imposed, the President shall do and exercise all things that belong to his office according to such constitutional conventions and practices as were applicable in _____ immediately before the appointed day.

14. 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 seventeen.

15. (1) Except as provided by this Constitution, the President shall, in the exercise of his functions under this Constitution or any other written law, act in accordance with the advice of the Cabinet or of a Minister acting under the general authority of the Cabinet:

Provided that the President may require the Cabinet or as the case may be, the Prime Minister to reconsider such advice, either generally or otherwise, and the President shall act in accordance with the advice tendered after such reconsideration.

(2) The President may act in his discretion in the performance of the following functions —
(a) the appointment of the Prime Minister in accordance with section seventeen;
(b) the withholding of consent to a request for a dissolution of Parliament;
(c) the withholding of assent to any Bill other than a Money Bill;
(d) any other function the performance of which the President is authorized by this Constitution to act in his discretion.

(3) The Legislature may by law make provision to require the President to act after consultation with, or on the recommendation of, any person or body of persons other than the Cabinet in the exercise of his functions other than —
(a) functions exercisable in his discretion; and
(b) functions with respect to the exercise of which provision is made in any other provision of this Constitution.

(4) 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 provisos to sub-section (1).

16. (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 President and used for sealing all things whatsoever that shall pass the Public Seal of _____.

17. (1) The President shall appoint as Prime Minister a member of Parliament 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 Parliament:

Provided that, if an appointment is made while Parliament is dissolved, a person who was a member of the last Parliament may be appointed but shall not continue to hold office after the first sitting of the next Parliament unless he is a member thereof.

(2) Appointments under this section shall be made by the President by instrument under the Public Seal.

18. (1) The President shall, by writing under the public seal, declare the office of Prime Minister vacant —
(a) if the Prime Minister resigns his office by writing under his hand addressed to the President; or
(b) if the President, acting in his discretion, is satisfied that the Prime Minister has ceased to command the confidence of a majority of the members of the House of Representatives:

Provided that, before declaring the office of Prime Minister vacant under this paragraph, the President shall inform the Prime Minister that he is satisfied as aforesaid, and, if the Prime Minister so requests, the President may dissolve the House of Representatives instead of making such a declaration.

(2) A Minister, other than the Prime Minister, shall vacate his office —
(a) if his appointment to that office is revoked by the President, acting in accordance with the advice of the Prime Minister, by instrument under the Public Seal; or
(b) if he resigns his office by writing under his hand addressed to the President.

(3) A person who has vacated his office as Minister may, if qualified, be again appointed as Minister from time to time.

(4) (a) Whenever the Prime Minister is ill or absent from _____ or has been granted leave of absence from his duties under section _____, the functions conferred on him by this Constitution shall be exercisable by any other Minister authorized by the President, by instrument under the Public Seal, in that behalf.
(b) The President may, by instrument under the Public Seal, revoke any authority given under this clause.
(c) The powers conferred upon the President by this clause 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 President in accordance with the advice of the Prime Minister.

19. The Prime Minister and every other Minister shall before assuming the duties of his office make and subscribe before the President or a person designated by him for the purpose, an oath in such form as the President may determine.

20. (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.

21. (1) The Prime Minister may, by directions in writing —
(a) charge any Minister with responsibility for any department or subject; and
(b) revoke or vary any directions given under this clause.

(2) The Prime Minister may retain in his charge any department or subject.

22. It shall be the duty of the Prime Minister —
(a) to communicate to the President all decisions of the Cabinet relating to the administration of the affairs of the Republic and proposals for legislation;
(b) to furnish such information relating to the administration of the affairs of the Republic and proposals for legislation as the President may call for; and
(c) if the 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.

23. The 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. A member of the Cabinet shall not hold any office of profit and shall not actively engage in any commercial enterprise.

25. (1) The 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.

26. The President, acting on the advice of the Prime Minister, may constitute such offices for _____ as may be lawfully 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.

27. The President may —
(a) grant to any person convicted of any offense a pardon, either free or subject to lawful conditions;
(b) grant to any person a respite, either indefinite or for a specified period, of the execution of any punishment imposed on that person for any offense;
(c) substitute a less severe form of punishment for any punishment imposed on any person for any offense; and
(d) remit the whole or part of any punishment imposed on any person for any offence or of any penalty or forfeiture otherwise due to the Government on account of any offense.

28. (1) If, at any time, the President, in his discretion, or on the advice of the Prime Minister, considers that it is desirable that any matter of national importance should be referred to a referendum, the 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 the Legislature may lay down the procedure for the holding of a referendum and the compiling and consolidation of the result of a referendum.

29. (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 the House of Representatives 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 House of Representatives:

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 House of Representatives.

(3) Where a declaration in terms of subsection (1):
(a) is not approved by a resolution passed by the House of Representatives 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 House of Representatives 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 House of Representatives 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 House of Representatives 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 House of Representatives 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 House of Representatives 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 House of Representatives shall be regarded as meeting for the transaction of business during a period —
(a) beginning on the day the House of Representatives 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 House of Representatives next adjourns in pursuance of a resolution the purpose of which is that the House of Representatives shall stand adjourned for more than thirty days or on the day the House of Representatives is dissolved or prorogued, whichever is the sooner.

[edit]
CHAPTER III

PART I

31. (1) All legislative powers of the Republic shall be vested in Parliament which shall have the powers and responsibilities set out in this Constitution.

(2) An Act of Parliament shall have primacy over other forms of law, but shall be subject to the Constitution.

(3) Any question proposed for decision by the House of Representatives or by the Senate shall be decided by a majority of the votes of the members present and voting, unless this Constitution or any other Act of Parliament otherwise provides.

32. (1) For the purposes of this Constitution, unless otherwise provided, “Parliament” consists of the House of Representatives, the Senate and the President as Head of State.

(2) Unless otherwise provided in this Constitution, an “Act of Parliament” shall be a Bill which has —
(i) been laid before and passed by a majority of the House of Representatives;
(ii) been laid before and passed by a majority of the Senate; and
(iii) been assented to by the President in accordance with this Chapter.

(3) “Chamber” means either the Chamber of the National Assembly or of the Senate.

PART II
THE HOUSE OF REPRESENTATIVES

33. The House of Representatives shall be composed of members who represent constituencies determined by law.

(2) The number of members shall from time to time be fixed by law, but the total number of members of the House of Representatives shall not be fixed at less than one member for each thirty thousand of the population, or at more than one member for each twenty thousand of the population.

(3) The ratio between the number of members to be elected at any time for each constituency and the population of each constituency, as ascertained at the last preceding census, shall, so far as it is practicable, be the same throughout the country.

(4) Parliament shall revise the constituencies at least once in every ten years, with due regard to changes in distribution of the population, but any alterations in the constituencies shall not take effect during the life of the House of Representatives sitting when such revision is made.

(5) The members shall be elected on the system of proportional representation by means of the single transferable vote.

(6) No law shall be enacted whereby the number of members to be returned for any constituency shall be less than three.

34. No person shall be qualified to be a member of the House of Representatives, unless he —
(a) is at least twenty-one years of age;
(b) is an elector entitled to vote at the election of members of the House of Representatives, or a person qualified to become such elector;
(c) has resided for five years within the limits of the Republic;
(d) is a _____ citizen.

35. (1) The House of Representatives shall, before proceeding to the dispatch of any other business, elect from its members a Speaker and a Deputy-Speaker. The Speaker, or in his absence the Deputy-Speaker, shall preside over sessions of the House of Representatives. Should neither the Speaker nor the Deputy-Speaker be present at any session, the House of Representatives shall elect from amongst its members a person to act as Speaker in their absence during that session.

(2) The Speaker or the Deputy-Speaker, as the case may be, shall cease to hold office if he ceases to be a member of the House of Representatives and he may be removed from office by a vote of the House, or he may resign his office either by announcing his resignation in person to the House or by notice in writing to the Secretary to Parliament.

36. (1) The House of Representatives shall be a directly elected Chamber the primary purpose of which shall be legislative and which shall have power, subject to this Constitution, to —
(a) receive, amend, accept or reject Government Bills and Private Bills;
(b) initiate Private Member's Bills on the motion of any member and amend, accept or reject all Private Member's Bills;
(c) receive, amend, accept or reject any Bills remitted from the Senate;
(d) debate and vote motions in relation to any matter including motions to indict and convict the President by impeachment;
(e) exercise such other functions and powers as are conferred on it by this Constitution; and
(f) take all actions incidental to and necessary for the proper exercise of its functions.

(2) For the purposes of this Constitution —
(a) a Government Bill shall be a Bill promulgated by the Government and introduced to Parliament on behalf of the Government;
(b) a Private Bill shall be —
(i) promulgated by an agency that is not part of the Government; and
(ii) introduced to Parliament on behalf of that agency where that agency is mandated by an Act of Parliament so to do;
(c) a Private Member's Bill shall be —
(i) promulgated by a member of Parliament; and
(ii) introduced by that member in the Chamber of which he is a member in accordance with the procedure of that Chamber.

PART III
THE SENATE

37. (1) The Senate shall consist of ten members from each province referred to in section _____, to be elected from amongst their members by the Provincial Councils for such province.

(2) The election of senators shall take place according to the principle of proportional representation, each voter having one transferable vote.


The Senate shall be an indirectly elected Chamber the primary purpose of which shall be deliberative and which shall have power, subject to this Constitution, to —
(a) receive, scrutinize and amend Bills from the House of Representatives;
(b) vote motions to confirm or remit Bills passed by the House of Representatives;
(c) debate any issue on its own motion, initiate Private Member's Bills and vote motions in respect of any matter, including motions to indict or convict the President by impeachment;
(d) exercise such other functions and powers as are conferred on it by this Constitution;
(e) carry out such other functions as may be delegated to it by an Act of Parliament; and
(f) take all actions incidental to and necessary for the proper exercise of its functions.









33. (1) The quorum of each Chamber shall be formed by the presence at the beginning of any sitting of at least two-thirds of the members of that Chamber entitled to vote, not including the Speaker or a presiding member.

(2)



The legislative power of _____ shall be vested in the Legislature which shall consist of the President and Congress.

32. The Congress of _____ shall consist of a Senate and a House of Representatives.


33. Any question proposed for decision by the House of Representatives or by the Senate shall be decided by a majority of the votes of the members present and voting, unless this Constitution or any other Act of the Legislature otherwise provides.

34.



PART II
THE SENATE

33. (1) The Senate shall consist of ten members from each province referred to in section _____, to be elected from amongst their members by the Provincial Councils for such province.

(2) The election of senators shall take place according to the principle of proportional representation, each voter having one transferable vote.

34. The qualification of a senator shall be the same as those of a member of the House of Representatives.

35. (1) Members of the Senate shall hold their seats for five years from the date of their election and shall be eligible for re-election.

(2) If the seat of a senator becomes vacant, an election for a successor to occupy the vacant seat until the expiry of the predecessor's term of office shall be held, except in the instance where such vacancy arises less than six months before the expiry of the term of the Senate, in which instance such vacancy need not be filled.

36. (1) The Senate shall, before proceeding to the dispatch of any other business, elect from its members a Chairman and a Vice-Chairman. The Chairman, or in his absence the Vice-Chairman, shall preside over sessions of the Senate. Should neither the Chairman nor the Vice-Chairman be present at any session, the Senate shall elect from amongst its members a person to act as Chairman in their absence during that session.

(2) The Chairman or the Vice-Chairman, as the case may be, shall cease to hold office if he ceases to be a senator and he may be removed from office by a vote of the Senate, or he may resign his office either by announcing his resignation in person to the Senate or by notice in writing to the Secretary to Congress.

37. The presence of a majority of the members of the Senate shall be necessary to constitute a meeting of the Senate for the exercise of its powers and the performance of its functions.

38. All questions in the Senate shall be determined by a majority of the votes cast by members present other than the Chairman, or in his absence the Vice-Chairman or the member presiding at that session, who shall, however, have and may exercise a casting vote in the case of an equality of votes.

PART III
THE HOUSE OF REPRESENTATIVES

39. (1) The House of Representatives shall be composed of members who represent constituencies determined by law.

(2) The number of members shall from time to time be fixed by law, but the total number of members of the House of Representatives shall not be fixed at less than one member for each thirty thousand of the population, or at more than one member for each twenty thousand of the population.

(3) The ratio between the number of members to be elected at any time for each constituency and the population of each constituency, as ascertained at the last preceding census, shall, so far as it is practicable, be the same throughout the country.

(4) Congress shall revise the constituencies at least once in every ten years, with due regard to changes in distribution of the population, but any alterations in the constituencies shall not take effect during the life of the House of Representatives sitting when such revision is made.

(5) The members shall be elected on the system of proportional representation by means of the single transferable vote.

(6) No law shall be enacted whereby the number of members to be returned for any constituency shall be less than three.

40. At any general election of members of the House of Representatives, all polls shall be take on one and the same day in all the constituencies throughout the Republic, such day to be appointed by the President.

41. No person shall be qualified to be a member of the House of Representatives, unless he —
(a) is at least twenty-one years of age;
(b) is an elector entitled to vote at the election of members of the House of Representatives, or a person qualified to become such elector;
(c) has resided for five years within the limits of the Republic;
(d) is a _____ citizen.

42. Every House of Representatives shall continue for five years from the first meeting thereof, and no longer, but may at any time be dissolved by the President by proclamation in the Gazette.

43. (1) The House of Representatives shall, before proceeding to the dispatch of any other business, elect from its members a Speaker and a Deputy-Speaker. The Speaker, or in his absence the Deputy-Speaker, shall preside over sessions of the House of Representatives. Should neither the Speaker nor the Deputy-Speaker be present at any session, the House of Representatives shall elect from amongst its members a person to act as Speaker in their absence during that session.

(2) The Speaker or the Deputy-Speaker, as the case may be, shall cease to hold office if he ceases to be a member of the House of Representatives and he may be removed from office by a vote of the House, or he may resign his office either by announcing his resignation in person to the House or by notice in writing to the Secretary to Congress.

44. The presence of a majority of the members of the House of Representatives shall be necessary to constitute a meeting of the House for the exercise of its powers and the performance of its functions.

45. All questions in the House of Representatives shall be determined by a majority of the votes cast by members present other than the Speaker, or in his absence the Deputy-Speaker or the member presiding at that session, who shall, however, have and may exercise a casting vote in the case of an equality of votes.

PART IV
SENATE AND HOUSE OF REPRESENTATIVES

Section. (1) There shall be charged upon and paid out of the Consolidated Revenue Fund






39. (1) Every Parliament shall continue for five years from the day on which its first session commences.

(2) The President —
(a) may dissolve Parliament by proclamation in the Gazette at any time; and
(b) shall so dissolve Parliament, unless he resigns from office, if each House, during one and the same ordinary session of Parliament —
(i) passes a motion of no confidence in the Cabinet within any period of 14 days; or
(ii) rejects any bill which appropriates revenue or moneys for the ordinary annual requirements or services of the departments of State controlled by members of the Cabinet.

(3) Subject to the provisions of subsection (2) —
(a) the President may dissolve any House by proclamation in the Gazette if —
(i) such House passes a motion of no confidence in the Cabinet; or
(ii) such House rejects any bill referred to in subsection (2) (b) (ii); or
(iii) any circumstance contemplated in section 37 (2) applies to such House; or
(iv) the Ministers' Council in question requests him to do so;
(b) the President shall so dissolve any House or reconstitute the Ministers' Council in question if —
(i) such House passes a motion of no confidence in the Ministers' Council in question; or
(ii) such House rejects any bill referred to in section 31 which appropriates revenue or moneys for the ordinary annual requirements or services of the departments of State controlled by members of the Ministers' Council in question.

40. Notwithstanding the dissolution of any House in terms of this Act, whether by a dissolution of Parliament or otherwise and whether by effluxion of time or otherwise —
(a) every person who at the date of the dissolution is a member of such House shall remain a member thereof;
(b) such House shall remain competent to perform its functions; and
(c) the President shall have power to summon Parliament or the House in question 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.



(1) There shall be a Leader of the Opposition, who shall be elected by the largest parliamentary party or coalition of parliamentary parties in Parliament not forming the Government.

(2) In relation to the conduct of business in Parliament, the Leader of the Opposition shall —
(a) rank in precedence immediately following the President, the Deputy President, the Prime Minister and the Speaker;
(b) have the right of participation at all official state functions; and
(c) have the right of second reply, after the Prime Minister, to an address to Parliament by the President.

(3) The Standing Orders of Parliament shall provide for the effective participation in Parliament of the Leader of the Opposition.


102.

A quorum of Parliament, apart from the person presiding, shall be one-third of all the members of Parliament.

103.

(1) Parliament shall appoint standing committees and other committees as may be necessary for the effective discharge of its functions.

(2) The standing committees shall be appointed at the first meeting of Parliament after the election of the Speaker and the Deputy Speakers.

(3) Committees of Parliament shall be charged with such functions, including the investigation and inquiry into the activities and administration of ministries and departments as parliament may determine; and such investigation and inquiries may extend to proposals for legislation.

(4) Every member of Parliament shall be a member of at least one of the standing committees.

(5) The composition of the committees shall, as much as possible, reflect the different shades of opinion in Parliament.

(6) A committee appointed under this article shall have the powers, rights and privileges of the High Court or a Justice of the High Court at a trial for -

(a) enforcing the attendance of witnesses and examining them on oath, affirmation or otherwise;

(b) compelling the production of documents; and

(c) issuing a commission or request to examine witnesses abroad.

[edit] hmm

Section. (1) There shall be charged upon and paid out of the Consolidated Revenue Fund to the Chairman of the Senate and to the Speaker such salaries as may from time to time be prescribed by a law of the Legislature and such allowances as may be prescribed by or under any such law.

(2) The salary of the Chairman of the Senate or of the Speaker shall not be reduced during his continuance in office.

(3) A person who was the Chairman of the Senate or the Speaker immediately before a dissolution of Congress



[edit] Right of secession

1. Every State shall have the right to secede from the Federation in accordance with the conditions hereinafter prescribed.

2. (1) Any State wishing to exercise the right of secession shall have a resolution to that effect passed by its Legislative Assembly. No such resolution shall be deemed to have been passed unless not less than two-thirds of the total number of members of the Legislative Assembly concerned have voted in its favor.

(2) The Governor of the State concerned shall notify the President of any such resolution passed by the Legislative Assembly and shall send him a copy of such resolution certified by the Speaker of the Legislative Assembly by which it was passed.

3. The President shall thereupon order a plebiscite to be taken for the purpose of ascertaining the will of the people of the State concerned.

4. The President shall appoint a Plebiscite Commission consisting an equal number of members representing the Federation and the State concerned in order to supervise the plebiscite.

Retrieved from "http://72.14.177.54/roach_busters/Constitution_of_Ledgersia"
Personal tools