Constitution

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Chapter 1
The National Territory

Article 1. The national territory comprises the states, the city of _____, and all other territories over which _____ has sovereignty or jurisdiction, consisting of its terrestrial, fluvial, and aerial domains, including its territorial sea, the seabed, the subsoil, the insular shelves, and other submarine areas.

Article 2. (1) _____, _____, _____, and _____ are the states of the Republic.

(2) Other states may be admitted into the Republic by a vote of two-thirds of the Senate and two-thirds of the National Assembly; but no new state shall be formed or erected within the jurisdiction of any other state, nor shall any state be formed by the junction of two or more states, or parts of states, without the consent of the legislatures of the states concerned, as well as of Parliament.

(3) Parliament shall have power to dispose of and make all needful rules and regulations concerning the property of the Republic, including the lands thereof.

(4) _____ may acquire new territory, and Parliament shall have power to legislate and provide governments for the inhabitants of all territory belonging to the Republic, lying without the limits of the several states, and may permit them, at such times, and in such manner as it may by law provide, to form states to be admitted into the Republic.

Article 3. (1) The capital of the Republic is the city of _____.

(2) The organization, functioning, and operation of the city of _____ shall be determined by law.

Chapter 2
Citizenship

Article 4. The following are citizens of _____:

(a) Those who are citizens of _____ at the time of the adoption of this Constitution;

(b) Those whose fathers or mothers are citizens of _____; and

(c) Those who are naturalized in accordance with law.

Article 5. Natural-born citizens are those who are citizens of _____ from birth without having to perform any act to acquire or perfect their _____ citizenship.

Article 6. _____ citizenship may be lost or reacquired in the manner provided by law.

Article 7. Citizens of _____ who marry aliens shall retain their citizenship, unless by their act or omission, they are deemed, under the law, to have renounced it.

Article 8. Dual citizenship shall not be recognized.

Chapter 3
Declaration of Principles and State Policies

Article 9. ______ is an independent, sovereign, secular, federal, republican state.

Article 10. (1) The principle governing the Republic is "government of the people, by the people and for the people."

(2) Power resides in the people and all government authority emanates from them. No group of people or individual can vest in themselves the exercise of power.

Article 11. The protection of life, liberty, and property and the maintenance of peace and order are the prime duties of the government.

Article 12. The separation of church and state shall be inviolable.

Article 13. (1) The Republic of _____ shall adhere to the principles of international law which are not contrary to the exercise of national sovereignty.

(2) _____ shall pursue an independent foreign policy. In its relations with other states, the paramount consideration shall be national sovereignty, territorial integrity, national interest, and the right to self-determination.

(3) _______, consistent with the national interest, adopts and pursues a policy of freedom from nuclear weapons in its territory.

(4) The Republic of _____ shall not join any international military organization or permit the establishment of foreign military bases on its national territory. Nor shall foreign military forces remain in or traverse the national territory of the Republic.

Article 14. The Constitution is the supreme law of the Republic. All laws inconsistent with the Constitution shall, to the extent of such inconsistency, be null and void.

Chapter 4
The Bill of Rights

Article 15. Every person shall be equal under the law and shall enjoy the same rights and be subject to the same duties, without distinction as to color, race, ethnic group, gender, place of birth, religion, sexual orientation, ideology, level of education, or economic or social status.

Article 16. No person shall be deprived of life, liberty, or property without due process of law.

Article 17. (1) No law shall be passed abridging the freedom of speech, of expression, or of the press, or the right of the people peaceably to assemble and petition the government for redress of grievances.

(2) There shall be no censorship.

Article 18. (1) Every person shall be guaranteed freedom of conscience and freedom of religion, including the right to profess, individually or together with others, any religion, or to profess no religion at all, and to freely choose, possess, and disseminate religious and other views and act according to them.

(2) No religious test shall be required for the exercise of civil or political rights.

Article 19. (1) Every person shall have the right to remain faithful to his opinions or beliefs.

(2) A person's beliefs shall not excuse a violation of the law.

(3) No person shall be held legally responsible because of his opinions of beliefs, nor shall any person be compelled to change them.

Article 20. The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures, of whatever nature and for any purpose, shall be inviolable, and no search warrant or warrant of arrest shall issue except upon probable cause to be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce, and particularly describing the place to be searched and the persons or things to be seized.

Article 21. (1) The privacy of communication and correspondence shall be inviolable, except upon lawful order of the court.

(2) Any evidence obtained in violation of this or the preceding Article shall be inadmissible for any purpose in any proceeding.

Article 22. The liberty of abode and of changing the same within the limits prescribed by law shall not be impaired except upon lawful order of the court. Neither shall the right to travel be impaired except in the interest of national security, public safety, or public health, as may be provided by law.

Article 23. The right of the people to information on matters of public concern shall be recognized. Access to official records, and to documents and papers pertaining to official acts, transactions, or decisions, as well as to government research data used as basis for policy development, shall be afforded the citizen, subject to such limitations as may be provided by law.

Article 24. Every person shall have the right to have and to carry arms for his security and legitimate defense. The law will indicate which arms are prohibited and the penalty for those that will carry prohibited arms.

Article 25. (1) Every person has a right to private property, whether personal or owned in association with others.

(2) Private property, whether individually or collectively owned, is inviolable.

(3) The right to property may not be interfered with except in public interest, in circumstances and procedures determined by law and subject to fair and prior compensation.

Article 26. The right of inheritance shall be guaranteed.

Article 27. No law impairing the obligation of contracts shall be passed.

Article 28. (1) Every person shall have the right to freely choose his sphere of activity, profession, and place of work.

(2) Any worker may defend his rights through trade union action under conditions determined by law.

(3) The right of workers' to strike is permitted and shall be exercised within the limits provided for by the law, but the exercising of this right shall not interfere with the freedom to work which is guaranteed for every individual.

Article 29. The right of the people, including those employed in the public and private sectors, to form unions, associations, or societies for purposes not contrary to law shall not be abridged.

Article 30. No involuntary servitude in any form shall exist except as a punishment for a crime whereof the party shall have been duly convicted.

Article 31. (1) Every person has the right to physical and mental integrity.

(2) No person shall be subjected to experimentation without his informed consent. The modalities of such consent and experiments are determined by law.

Article 32. Free access to the courts and to adequate legal assistance shall not be denied to any person by reason of poverty.

Article 33. (1) Any person under investigation for the commission of an offense shall have the right to be informed of his right to remain silent and to have competent and independent counsel preferably of his own choice. If the person cannot afford the services of counsel, he must be provided with one. These rights cannot be waived except in writing and in the presence of counsel.

(2) No torture, force, violence, threat, intimidation, or any other means which vitiate the free will shall be used against him. Secret detention places, solitary, incommunicado, or other similar forms of detention are prohibited.

(3) Any confession or admission obtained in violation of this or Article 38 hereof shall be inadmissible in evidence against him.

(4) The law shall provide for penal and civil sanctions for violations of this section as well as compensation to the rehabilitation of victims of torture or similar practices, and their families.

Article 34. All persons, except those charged with offenses punishable by reclusion perpetua when evidence of guilt is strong, shall, before conviction, be bailable by sufficient sureties, or be released on recognizance as may be provided by law. The right to bail shall not be impaired even when the privilege of the writ of habeas corpus is suspended. Excessive bail shall not be required.

Article 35. (1) No person shall be held to answer for a criminal offense without due process of law.

(2) In all criminal prosecutions, the accused shall be presumed innocent until the contrary is proved, and shall enjoy the right to be heard by himself and counsel, to be informed of the nature and cause of the accusation against him, to have a speedy, impartial, and public trial, to meet the witnesses face to face, and to have compulsory process to secure the attendance of witnesses and the production of evidence in his behalf. However, after arraignment, trial may proceed notwithstanding the absence of the accused: Provided, that he has been duly notified and his failure to appear is unjustifiable.

Article 36. The privilege of the writ of habeas corpus shall not be suspended except in cases of invasion or rebellion, when the public safety requires it.

Article 37. All persons shall have the right to a speedy disposition of their cases before all judicial or administrative bodies.

Article 38. No person shall be compelled to be a witness against himself.

Article 39. (1) Excessive fines shall not be imposed, nor cruel, degrading or inhuman punishment inflicted.

(2) The employment of physical, psychological, or degrading punishment against any prisoner or detainee or the use of substandard or inadequate penal facilities under subhuman conditions shall be dealt with by law.

(3) There shall be no death penalty.

Article 40. No person shall be twice put in jeopardy of punishment for the same offense. If an act is punished by a law and an ordinance, conviction or acquittal under either shall constitute a bar to another prosecution for the same act.

Article 41. (1) No person shall be convicted of an act which did not constitute a criminal offense under the law in force at the time the act was committed.

(2) No person shall have a more severe punishment imposed on him than the one that was applicable at the time the offense was committed. If, subsequent to the commission of an offense, the law provides for a lesser punishment, the lesser punishment shall apply.

Article 42. Every person shall have the right to his ethnic and cultural identity. The ethnic and cultural plurality of the nation shall be recognized and protected.

Article 43. Any ______ unable to express himself in English has the right to use his own language before any authority through an interpreter. Foreigners enjoy the same right when summoned before any authority.

Article 44. (1) Extradition may be granted only upon the recommendation of the Supreme Court, in compliance with the law and treaties and based on the principle of reciprocity.

(2) Extradition will not be granted when it is determined that it is sought for the purpose of persecution or punishment based on religion, nationality, opinions, or race.

(3) Those sought for political crimes or related acts will not be extradited. Acts of terrorism, mass murder, and genocide are not classified as such.

Article 45. The government recognizes political asylum. It accepts the status extended by the government granting asylum. In the case of deportation, the individual granted asylum will not be turned over to the country whose government is pursuing him.

Article 46. (1) No person owes obedience to a usurper government or to anyone who assumes public office in violation of the Constitution and the law.

(2) The civil population has the right to rise up in defense of the constitutional order.

(3) The acts of those who usurp public office are null and void.

Chapter 5
Suffrage

Section 1. (1) The head of state of the Republic shall be the President.

(2) The President is the representative of _____ in internal affairs as well as in foreign relations.

(3) The command-in-chief of the armed forces is vested in the President.

Section 2. The President shall have power:

(a) to dissolve the National Assembly;

(b) to appoint and to accredit, and to receive and to recognize, ambassadors, plenipotentiaries, diplomatic representatives, and other diplomatic officers, consuls, and consular officers;

(c) to appoint as Prime Minister the person who, in his opinion, is best able to command the support of a majority of the members of the National Assembly;

(d) to appoint, on the advice of the Prime Minister, the members of the Government;

(e) to appoint the times for the holding of sessions of Parliament and to prorogue Parliament;

(f) to make proposals to Parliament for a declaration of war or, in the case of aggression against or imminent invasion of _____, to declare war;

(g) to enter into and to ratify, with the concurrence of the Senate, international conventions, treaties, and agreements; and

(h) to confer state awards, honors, and military and diplomatic ranks.

Section blah. (1) The President may, subject to such lawful conditions as he may deem fit:

(a) grant to any person concerned in or convicted of an offense against any law a pardon; or

(b) grant to any person a respite, either indefinite or for a specified period, from the execution of any sentence passed on that person for such an offense; or

(c) substitute a less severe form of punishment for that imposed by any sentence for such an offense; or

(d) remit the whole or part of any sentence passed for such an offense or any penalty or forfeiture otherwise imposed on account of such an offense.

(2) Where a person resident in _____ has been convicted in a country outside _____ of an offense against a law in force in that country, the President may declare that that conviction shall not be regarded as a conviction for the purposes of this Constitution or any other law in force in _____.

Section whatever. (1) The President may, at any time, by proclamation published in the Gazette, declare that:

(a) a state of public emergency exists; or

(b) a situation exists which, if it is allowed to continue, may lead to a state of public emergency.

(2) A declaration in terms of subsection (1), if not sooner revoked, shall cease to have effect:

(a) in the case of a declaration made when Parliament is meeting for the transaction of business, at the expiration of a period of seven days beginning with the day of the publication of the proclamation in the Gazette;

(b) in any other case, at the expiration of a period of thirty days beginning with the day of the publication of the proclamation in the Gazette;

unless, before the expiration of that period, the decision is approved by a resolution passed by both houses of Parliament:

Provided that, if Parliament is dissolved during the period of thirty days referred to in paragraph (b), the declaration, unless sooner revoked, shall cease to have effect at the expiration of a period of sixty days beginning with the day of the publication of the proclamation in the Gazette unless, before the expiration of that period, the declaration is approved by a resolution passed by both houses of Parliament.

(3) Where a declaration in terms of subsection (1):

(a) is not approved by a resolution passed by the Parliament in pursuance of the provisions of subsection (2), the President shall forthwith after the Parliament has considered the resolution and failed to approve it or, if the Parliament has not considered the resolution, on the expiration of the appropriate period specified in subsection (2), by proclamation published in the Gazette, revoke such declaration;

(b) is approved by a resolution passed by the Parliament in pursuance of the provisions of subsection (2), such declaration shall, subject to the provisions of subsections (4) and (5), continue in force for a period of twelve months beginning with the day of the publication of the proclamation in the Gazette:

Provided that, where the Parliament has in the resolution in pursuance of the provisions of subsection (2) specified that such declaration shall continue in force for a period of less than twelve months, the President shall, by proclamation published in the Gazette, declare that the declaration shall, subject to the provisions of subsection (4), be revoked at the expiration of the period specified in the resolution.

(4) If the Parliament resolves that it considers it expedient that a declaration in force in terms of this section should be continued in force for a further period not exceeding twelve months, the President shall forthwith, by proclamation published in the Gazette, extend such declaration for such further period as may be so resolved.

(5) The Parliament may at any time resolve that a declaration in force under this section should be revoked and the President shall forthwith, by proclamation published in the Gazette, revoke such declaration.

(6) A declaration in terms of this section may be continued in force in terms of this section notwithstanding that such declaration has previously been continued in force in terms of this section.

(7) For the purposes of this section the Parliament shall be regarded as meeting for the transaction of business during a period:

(a) beginning on the day the Parliament first meets after a prorogation or an adjournment in pursuance of the passing of a resolution such as is referred to in paragraph (b) and;

(b) ending on the day the Parliament next adjourns in pursuance of a resolution the purpose of which is that the Parliament shall stand adjourned for more than thirty days or on the day the Parliament is dissolved or prorogued, whichever is the sooner.

The Government

Section 1. The executive power of _____ in regard to all aspects of its internal and external affairs is vested in the Government of the Republic, which shall be composed of the Prime Minister, the Ministers, and Deputy Ministers.

Section 2. (1) The President:

(a) shall appoint as Prime Minister the person who, in his opinion, is best able to command the support of a majority of the members of Parliament;

(b) acting on the advice of the Prime Minister:

(i) shall appoint other Ministers of the Government and may assign functions to such Ministers, including the administration of any Act or of any department of government; and

(ii) may appoint Deputy Ministers of any specified department of government or of such other description as the President may determine.

(2) A Deputy Minister may be appointed to exercise or perform on behalf of a Minister any of the powers, functions, and duties entrusted to such Minister under any law or otherwise which may, subject to the directions of the President, be assigned to him from time to time by such Minister.

(3) A Minister or Deputy Minister appointed under paragraph (b) of subsection (1) shall hold office during the pleasure of the President and may be removed from office by the President acting on the advice of the Prime Minister.

(4) No person may be appointed a member of the Government if he is not a member of the National Assembly or the Senate.

(5) A Minister or Deputy Minister may at any time by notice in writing addressed to the President and delivered to the Prime Minister resign his office.

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

(7) Any person appointed under this section shall, before entering upon his office, make and subscribe an oath before the President or a person designated by him, in the following form:

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

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

Section 3. The Prime Minister shall define and direct the general policy of _____, in accordance with the provisions of the Constitution and the laws. Within the limits of this general policy, each Minister shall conduct the business of his department autonomously and on his own responsibility.

Section 4. (1) The Government shall resign upon:

(a) the convention of the new membership of Parliament; or

(b) the resignation, removal, or death of the Prime Minister; or

(c) the expression of no confidence in the Government or the Prime Minister by Parliament.

(2) The President shall release the Government from office upon the assumption of office of the new Government.

Section 5. (1) The Government must enjoy the confidence of Parliament. The Government shall be obliged to request a vote of confidence by Parliament within fifteen days of the date the Prime Minister shall have been sworn in, and may also do so at any other time. If at the time the Government is formed, Parliament has suspended its works, it shall be convoked within fifteen days to resolve on the motion of confidence.

(2) Parliament may decide to withdraw its confidence from the Government or from a member of the Government. A motion of censure may not be submitted before the lapse of six months from the rejection by Parliament of such a motion. A motion of censure must be signed by at least one-sixth of the number of members of Parliament and must explicitly state the subjects on which the debate is to be held.

(3) 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 Parliament.

(4) 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 Government requests its immediate commencement; in all cases the debate may not be prolonged for more than three days from its commencement.

(5) The vote on a motion of confidence or censure is held immediately after the termination of the debate; it may, however, be postponed for forty-eight hours if the Government so requests.

(6) A motion of confidence cannot be adopted unless it is approved by an absolute majority of the present members of Parliament, which however cannot be less than the two-fifths of the total number of the members. A motion of censure shall be adopted only if it is approved by an absolute majority of the total number of members of Parliament.

(7) The Prime Minister, Ministers, and Deputy Ministers shall not vote on the above motions.

Section 6. (1) A member of the Government shall cease to hold office if he ceases to be a member of the Senate or the National Assembly, whichever the case may be.

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

Section 7. The members of the Government may not hold any other salaried office, nor engage in a trade, nor practice a profession, nor belong to the management or, without the consent of Parliament, to the board of directors of an enterprise carried on for profit.

Section 8. The salaries and emoluments of the Prime Minister and the members of the Government shall be fixed by law and may not be increased or decreased during their tenure of office. Until otherwise provided by law, the Prime Minister shall receive the same salary as that of the President.

Chapter 3
Parliament

Part I: General

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

Section 2. Parliament shall have full power to make laws for the peace, order, and good government of the Republic.

Section 3. The President of the Republic may appoint such times for holding the sessions of Parliament as he thinks fit, and may also from time to time, by proclamation or otherwise, prorogue Parliament, and may in like manner dissolve the Senate or the National Assembly or the Senate and the National Assembly simultaneously, provided that the dissolution of the Senate shall not affect any senators nominated by the President of the Republic.

Section 4. After any general election the Parliament shall be summoned to meet not later than thirty days after the day appointed for the return of the writs.

Section 5. There shall be a session of Parliament once at least in every year so that a period of twelve months shall not intervene between the last sitting of Parliament in one session and its first sitting in the next session.

Part II: The Senate

Section 1. The Senate shall be composed of:

(a) Eight senators nominated by the President of the Republic, of whom two shall be nominated from each state; and

(b) Ten senators from each state, appointed by the legislature thereof.

Section 2. (1) The senators nominated by the President of the Republic in terms of paragraph (a) of section 1 shall hold their seats for five years.

(2) The President of the Republic shall when nominating senators have regard to the desirability of ensuring that the senate will as far as practicable consist of persons having knowledge of matters affecting the various inhabitants of the Republic.

(3) If the seat of a senator so nominated becomes vacant, the President of the Republic shall nominate another person to hold the seat until the completion of the period for which the person in whose stead he is nominated, would have held the seat.

Section 3. (1) The senators appointed in terms of paragraph (b) of section 1 shall hold their seats for five years unless the Senate be sooner dissolved.

(2) If the seat of a senator so appointed becomes vacant, the sitting members of the state legislature concerned shall elect 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.

Part III: The National Assembly

Section 1. The National Assembly shall be composed of 150 members, directly chosen by the voters of the Republic in constituencies delimited as hereinafter provided.

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

(2) No constituency shall form part of more than one state and the boundaries of each constituency shall be such that the number of inhabitants thereof is as nearly equal to the population quota as is reasonably practicable, provided that the number of inhabitants of a constituency may be greater or less than the population quota in order to take account of means of communication, geographical features, the distribution of different communities, and the boundaries of the states.

(3) The competent authority shall review the division of ______ into constituencies at intervals of not less than five and not more than ten years and may alter the constituencies in accordance with the provisions of this section to such extent as it may consider desirable in the light of the review: Provided that that authority may at any time carry out such a review and alter the constituencies in accordance with the provisions of this section to such extent as it considers necessary in consequence of any amendment to section 3 or 38 of this Constitution or any provision replacing either of those sections or by reason of the holding of a census of the population of _____ in pursuance of an Act of Parliament.

(4) Where the boundaries of any constituency established under this section are altered in accordance with the provisions of this section, that alteration shall come into effect upon the next dissolution of Parliament after the alteration has been approved by both houses of Parliament.

(5) In this section "population quota" means the number obtained by dividing the number of the inhabitants of _____ by the number of constituencies into which _____ is divided under this section.

(6) For the purposes of this section the number of inhabitants of _____ or any part thereof shall be ascertained by reference to the latest census of the population of _____ held in pursuance of an Act of Parliament.

(7) In this section "the competent authority" means the Electoral Commission of the Republic or such other authority consisting of a chairman appointed by the President of the Republic, and of members appointed in like manner to represent the states (each state being equally represented) as may be established in that behalf by Parliament.

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

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

No person shall be qualified for selection as a senator or election to the National Assembly:

(a) If he has voluntarily acquired citizenship of a country other than _____ or has made a declaration of allegiance to such a country;

(b) If under any law in force in any part of _____ he is adjudged to be a lunatic or otherwise declared to be of unsound mind;

(c) If he is under a sentence of death imposed on him by any court of law in _____ or a sentence of imprisonment (by whatever name called) 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;

(d) If he is an undischarged bankrupt, having been adjudged or otherwise declared bankrupt under any law in force in any part of _______;

(e) Save as otherwise provided by Parliament, if he is a member of the public service of the Republic or the public service of a state, a member of the armed forces, or the holder of any other office or emolument under the Republic.

Electoral Commission of the Republic

Section 1. There shall be an Electoral Commission for the Republic.

Section 2. The members of the Electoral Commission of the Republic shall be:

(a) A Chief Electoral Commissioner, who shall be chairman; and

(b) Five members from each state.

Section 3. The members of the Electoral Commission of the Republic shall be appointed by the President of the Republic, acting in accordance with the advice of the Prime Minister.

Section 4. Before tendering any advice for the purposes of this section in relation to the appointment of the member of the Electoral Commission of the Republic representing a state, the Prime Minister shall consult the governor of that state.

Section 5. A person shall not be qualified to hold the office of a member of the Electoral Commission of the Republic if he is a member of either house of Parliament, a member of a legislative house of a state, a Minister of the Government of the Republic, a Minister of the Government of a state, or a member of the public service of the Republic or the public service of a state.

Section 6. Subject to the provisions of this section, a member of the Electoral Commission of the Republic shall vacate his office:

(a) At the expiration of five years from the date of his appointment; or

(b) If any circumstances arise that, if he were not a member of the Commission, would came him to be disqualified for appointment as such.

Section 7. (1) A member of the Electoral Commission of the Republic may be removed from office by the President of the Republic, acting in accordance with the advice of the Prime Minister, for inability to discharge the functions of his office (whether arising from infirmity of mind or body or any other cause) or for misbehavior.

(2) A member of the Electoral Commission of the Republic shall not be removed from office except in accordance with the provisions of this section.

Section 8. In the exercise of its functions under this Constitution the Electoral Commission of the Republic shall not be subject to the direction or control of any other person or authority.

When the National Assembly passes a motion of censure or rejects the Government's programme or a general statement of Government policy, the Prime Minister must tender to the President of the Republic the resignation of the Government.

The President shall be elected by direct ballot, with an absolute majority of the votes validly cast. The election shall be held ninety days before the end of the administration of the President then holding office in the manner determined by law. 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, in the manner determined by law, fifteen days after the Elections Qualifying Court makes the corresponding statement within the term indicated in the following Article. This election shall be limited to the two candidates with the highest relative majorities. In relation to the provisions contained in the two preceding paragraphs, blank and null and void votes will be considered as if they had not been cast.

Article 27.- The process of qualification of the presidential election is to be concluded within forty days following the first election or within twenty-five days following the second election. The Elections Qualifying Court shall immediately communicate the President of the Senate the proclamation of the President-elect. Plenary Congress convened in public session ninety days after the first or sole election, with the members in attendance, shall take cognizance of the decision by virtue of which the Elections Qualifying Court proclaims the President-elect. In this same act, the President-elect shall be bound by oath before the President of the Senate to faithfully perform his duties as President of the Republic, to preserve the independence of the Nation, comply with and enforce compliance with the Constitution and the law, and he shall take office immediately thereafter.

Article 28.- Should the President-elect be unable to take office, the President of the Senate shall assume, in the meantime, in the capacity of Vice-President of the Republic; in his absence, the President of the Supreme Court, and in the absence of the latter, the President of the Chamber of Deputies. Nevertheless, should the inability of the President-elect be absolute or should it continue indefinitely, the Vice-President within the term of ten days following the Senate agreement adopted in accordance with Article 49, No 7, shall issue the appropriate orders for steps to be taken within a period of sixty days to proceed with a new election in the manner prescribed for by the Constitution and the Electoral law.

Article 29.- If, because of temporary incapacity, either illness, absence from the country or some other serious reason, the President of the Republic is unable to hold office, he shall be replaced by the incumbent Minister of State as Vice-President of the Republic, in accordance with the order of legal precedence. In the absence of such Minister, the Minister who follows in the order of precedence shall succeed him; and in the absence of all of them, the President of the Senate, the President of the Supreme Court and the President of the Chamber of Deputies, successively, shall substitute for him. In case of vacancy in the Presidency of the Republic, the successor shall be appointed by the Senate with an absolute majority of its members in office and shall remain in office until the next general election of members of Congress when a new presidential election shall be held for the period referred to in the second paragraph of Article 25. The Senate shall make its appointment within ten days following the date of the vacancy. In the meantime, the substitution procedures referred to in the preceding paragraph shall apply. The President thus designated may not become a candidate in the following presidential election.

Article 30.- The President shall leave office on the same day on which his term is completed and shall be succeeded by the newly-elected President.

Article 31.- The President designated by the Senate, or, as the case may be, the Vice-President of the Republic, shall have all the authority which the Constitution confers upon the President of the Republic; however, he shall not be empowered to dissolve the Chamber of Deputies.

Section 1. The executive power of _____ in regard to all aspects of its internal and external affairs is vested in the Government of the Republic, which shall be composed of the Prime Minister, the Ministers, and Deputy Ministers.

Section 2. (1) The President shall, within fourteen days after the resignation of the Government, designate a candidate for Prime Minister to whom the President shall assign the task of forming a new government. In designating a candidate for Prime Minister the President shall nominate the person who, in his opinion, is best able to command the support of a majority of the members of Parliament.

(2) The candidate for Prime Minister shall, within fourteen days after receiving the task of forming a new government, present the bases for the formation of the forthcoming government to Parliament, after which Parliament shall decide, without debate and by an open vote, whether to authorize the candidate for Prime Minister to form a government.

(3) If the candidate for Prime Minister designated by the President does not receive a majority of votes in favor from Parliament, or is unable or declines to form a government, the President has the right to present a second candidate for Prime Minister within seven days.

(4) If the President does not present a second candidate for Prime Minister within seven days or declines to do so, or if the second candidate is unable to obtain authority from Parliament under the conditions and time restraints in paragraphs (2) and (3) of this section, or is unable or declines to form a government, then the right to nominate a candidate for Prime Minister shall transfer to Parliament.

(5) Parliament shall nominate a candidate for Prime Minister who shall present the membership of a government to the President. If the membership of a government is not presented to the President within fourteen days after the transfer to Parliament of the right to nominate a candidate for Prime Minister, the President shall declare extraordinary elections to Parliament.

Section 3. Changes to the appointed membership of the Government shall be made by the President, on the proposal of the Prime Minister.

Section 4. Each member of the Government shall, before entering upon his office, make and subscribe an oath before the President or a person designated by him, in the following form:

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

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

Section 5. (1) The Government shall resign upon:

(a) the convention of the new membership of Parliament;

(b) the resignation or death of the Prime Minister;

(c) the expression of no confidence in the Government or the Prime Minister by Parliament.

(2) The President shall release the Government from office upon the assumption of office of the new Government.

Section 6. The Prime Minister shall define and direct the general policy of _____, in accordance with the provisions of the Constitution and the laws. Within the limits of this general policy, each Minister shall conduct the business of his department autonomously and on his own responsibility.

If a Minister is temporarily unable to perform the duties of his office due to illness or other hindrances, the President shall, on the advice of the Prime Minister, transfer the duties of the Minister to another Minister for this time.

is temporarily unable to perform the duties of his or her office due to illness or other hindrances, the Prime Minister shall transfer the duties of the minister to another minister for this time.

Chapter III Council of State

Article 144 Definition The Council of State is the political advisory body of the President of the Republic.

Article 145 Membership The Council of State is presided over by the President of the Republic and comprises the following members: a) The President of the Assembly of the Republic; b) The Prime Minister; c) The President of the Constitutional Court; d) The Ombudsman; e) The Chairmen of the regional governments; f) The former presidents of the Republic elected under the Constitution and who were not removed from office; g) Five citizens appointed by the President of the Republic for the period corresponding to his term of office; h) Five citizens elected by the Assembly of the Republic in accordance with the principle of proportional representation for the period corresponding to the duration of the legislative period.

Article 146 Induction and Term of Office

(1) The members of the Council of State are inducted by the President of the Republic. (2) The Members of the Council of State mentioned in Article 145 (a) to (e) perform their duties as long as they hold the respective offices. (3) The members of the Council of State mentioned in Article 145 (g) and (h) continue to perform their duties until the induction of those replacing them in the respective offices.

Article 147 Organization and Functioning

(1) It is the duty of the Council of State to draw up its own rules of procedure. (2) The meetings of the Council of State are not public.

Article 148 Powers The Council of State has the powers to: a) State its opinion on the dissolution of the Assembly of the Republic and the organs of self-government of the autonomous regions; b) State its opinion on the dismissal of the Government under the circumstances mentioned in Article 198 (2); c) State its opinion on the appointment and dismissal of the Ministers for the Republic for the autonomous regions; d) State its opinion on declaration of war or the making of peace; e) State its opinion on the acts of the President of the Republic ad interim mentioned in Article 142; f) State its opinion on all other cases provided for in the Constitution and, in general, advise the President of the Republic on the exercise of his or her functions upon request of the latter.

Article 149 Giving of Opinions The opinions of the Council of State mentioned in Article 148 (a) to (e) are to be given at the meeting called for the purpose by the President of the Republic and made public at the time the acts they refer to are performed.

Chapter I
Head of State

1. There shall be a President in and over _____ who shall be Commander-in-Chief of the Armed Forces of _____.

2. The President shall have such powers and duties as are conferred or imposed upon him by or under this Constitution or any other law of the Legislature.

3. (1) The President shall be elected by an electoral college consisting of the members of the Senate and the House of Assembly, at a meeting to be called in accordance with the provisions of this section and presided over by the Chief Justice of _____ or a judge of appeal designated by him.

(2) The election of a President shall be held at a time and place to be fixed by the Speaker or (in his absence) the Secretary to the House of Assembly and made known by notice in the Gazette not less than fourteen days before such election.

(3) The date so fixed shall be a date not less than one month and not more than three months before the termination of the period of office of the President then holding office: Provided that if the President dies or for any other reason vacates his office a date within three months after the office became vacant shall be so fixed.

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

(5) Any person holding any public office in respect of which he receives any renumeration or allowance out of public funds, who is elected as President, shall vacate such office with effect from the date on which he is elected.

4. (1) Nominations of candidates for election as President shall be called for at the meeting at which the election is to take place, by the person presiding thereat.

(2) Every nomination shall be submitted in the form prescribed and shall be signed by two members of the electoral college and also by the person nominated, unless he has in writing or by telegram signified his willingness to accept nomination.

(3) The persons duly nominated as provided in sub-section (2) shall be announced at the meeting at which the election is to take place by the person presiding thereat, and no debate shall be allowed at the election.

(4) If in respect of any election only one nomination has been received, the person presiding at the meeting shall declare the candidate in question to be duly elected.

(5) Where more than one candidate is nominated for election, a vote shall be taken by secret ballot, each member of the electoral college present at the meeting in question having one vote, and any candidate in whose favor a majority of all the votes cast is recorded, shall be declared duly elected by the person presiding at the meeting.

(6) (a) If no candidate receives a majority of all the votes so cast, the candidate who received the smallest number of votes shall be eliminated and a further ballot taken in respect of the remaining candidates, this process being repeated as often as may be necessary until a candidate receives a majority of all the votes cast and is declared duly elected.
(b) Whenever two or more candidates being the lowest on the poll have received the same number of votes, the electoral college shall by separate vote, to be repeated as often as may be necessary, determine which of those candidates shall for the purposes of paragraph (a) be eliminated.

(7) (a) Whenever-
(i) only two candidates have been nominated; or
(ii) after the elimination of one or more candidates in accordance with the provisions of this section, only two candidates remain,
and there is an equality of votes between those two candidates, a further meeting shall be called in accordance with the provisions of section two, and the provisions of this section shall apply as if such further meeting were the first meeting called for the purposes of the election in question.
(b) At the third meeting called in connection with any particular election, the person presiding at the meeting shall in the event of an equality of votes between any two candidates under the circumstances described in paragraph (a), have and exercise a casting vote.

(8) (a) The Speaker of the House of Assembly shall make rules in regard to the procedure to be observed at a meeting of the electoral college, including rules prescribing the form in which any nomination shall be submitted, and rules defining the duties of the presiding officer and of any person appointed to assist him and prescribing the manner in which the ballot at any such meeting shall be conducted.
(b) Any such rules shall be made known in such manner as the Speaker of the House of Assembly may consider necessary.

5. (1) (a) The President shall hold office for a period of seven years from the date upon which he takes the oath prescribed in section six, and shall not on termination of his period of office be eligible for re-election.
(b) He shall cease to hold office on a resolution passed by the Senate and by the House of Assembly during the same session declaring him to be removed from office on the ground of misconduct or inability to perform efficiently the duties of his office.

(2) (a) No resolution shall be taken under paragraph (b) of sub-section (1), except after consideration of a report of a joint committee of the Senate and the House of Assembly appointed in pursuance of a resolution of the House of Assembly which has been concurred in by the Senate.
(b) The House of Assembly shall not adopt a resolution that such a committee be appointed, unless there has previously been submitted to the Speaker of the House of Assembly a petition signed by not less than thirty members of the House of Assembly and requesting that such a committee be appointed.
(c) In connection with any resolution contemplated in paragraph (b) no debate shall be allowed either in the Senate or in the House of Assembly.

(3) The President may resign by lodging his resignation in writing with the Prime Minister.

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

6. (1) During any period when the office of the President is vacant or the President is absent from _____ or is for any reason unable to perform the functions of his office, those functions shall during that period be assumed and performed by such person as the Executive Council may appoint.

(2) Any person appointed in terms of sub-section (1) shall cease to perform the functions of the President after the President has informed him that he is about to resume his functions or when a new President assumes office in terms of this Constitution.

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

7. (1) Whenever the President-

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

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

(2) The power and authority of the President shall not be abridged, altered, or in any way affected by the appointment of a deputy under this section and a deputy shall conform to and observe all instructions that the President may from time to time address to him.

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

8. The President and any Acting President shall before assuming office make and subscribe an oath of office in the following form before the Chief Justice of _____ or a Judge of the Supreme Court of _____:

"In the presence of Almighty God and in the full realization of the high calling I assume as President/Acting President in the service of my people, I, A.B., do swear to be faithful to the Republic of _____ and do solemnly and sincerely promise at all times to promote that which will advance it, to oppose all that may harm it, and to dedicate myself to the welfare of its inhabitants, to obey, observe, uphold, and maintain the Constitution and all other Law of the Republic, to discharge my duties with all my strength and talents to the best of my knowledge and ability and true to the dictates of my conscience, to do justice unto all and to devote myself to the well-being of my people.
May the Almighty by His grace guide and sustain me in keeping this oath with honor and dignity.
So help me God."

9. Any person who commits any act which is calculated to violate the dignity or injure the reputation of the President or Acting President or deputy shall be guilty of an offense and liable on conviction to a fine not exceeding two thousand dollars or imprisonment for a period not exceeding five years.

10. (1) There shall be paid to the President out of and as a charge on the Consolidated Revenue Fund, in addition to any allowances appropriated from time to time by Parliament, and apart from any privileges which he may enjoy, a salary of twenty-five thousand dollars per annum.

(2) The salary of the President shall not be reduced during his term of office.

11. (1) There shall be paid out of and as a charge on the Consolidated Revenue Fund-
(a) to any person who at any time has occupied the office of President, a pension at the rate of six thousand dollars per annum;
(b) to the widow of any such person, unless her marriage to him took place after the date on which he vacated office, a pension at the rate of two-thirds of the rate of the pension payable to such person.

(2) Any pension under sub-section (1) shall be payable-
(a) in the case of the President with effect from the day following that upon which he vacated office;
(b) in the case of his widow, with effect from the day following that upon which she became a widow.

Chapter II
Executive Government

12. (1) The executive government of _____ in regard to all aspects of its internal and external affairs is vested in the President, acting on the advice of the Executive Council.

(2) Save where otherwise expressly stated or necessarily implied, any reference in this Constitution to the President shall be deemed to be a reference to the President acting on the advice of the Executive Council.

13. The President shall have power-
(a) to appoint and to accredit, to receive and to recognize ambassadors, plenipotentiaries, diplomatic representatives, and other diplomatic officers, consuls, and consular officers;
(b) to enter into and ratify international conventions, treaties, and agreements;
(c) to proclaim and to terminate martial law;
(d) to declare war and to make peace; and
(e) to confer honors and precedence.

14. (1) The President-
(a) acting in his discretion in the manner prescribed in provisio (ii) to sub-section (1) of section sixteen shall appoint a Prime Minister;
(b) acting on the advice of the Prime Minister-
(i) shall appoint other Ministers of the Government and may assign functions to such Ministers, including the administration of any Act or of any department of government; and
(ii) may appoint Deputy Ministers of any specified department of government or of such other description as the President may determine.

(2) A Deputy Minister may be appointed to exercise or perform on behalf of a Minister any of the powers, functions, and duties entrusted to such Minister under any law or otherwise which may, subject to the directions of the President, be assigned to him from time to time by such Minister.

(3) A Minister or Deputy Minister appointed under paragraph (b) of sub-section (1) shall hold office during the pleasure of the President and may be removed from office by the President acting on the advice of the Prime Minister.

(4) A person who holds office as a Minister or a Deputy Minister for any period of three consecutive months without also being a member of the Senate or of the House of Assembly shall cease to be a Minister or a Deputy Minister, as the case may be, at the end of that period:

Provided that if that period expires at a time when Parliament is dissolved, he shall cease to be a Minister or a Deputy Minister, as the case may be, on the day when Parliament first meetings after the dissolution, unless he is-

(a) elected as a member of the House of Assembly at the general election following such dissolution; or
(b) elected or appointed as a member of the Senate immediately following that general election.

(5) A person who holds office as a Minister or a Deputy Minister and who is at no time while holding that office also a member of the House of Assembly or of the Senate shall be ineligible for reappointment as a Minister or a Deputy Minister before Parliament is next dissolved after he ceases to hold that office, unless in the meantime he has become a member of the Senate or of the House of Assembly.

(6) A Minister or a Deputy Minister may at any time by notice in writing addressed to the President and delivered to the Prime Minister resign his office.

(7) Any person appointed under this section shall, before entering upon his office, make and subscribe an oath before the President or a person designated by him, an oath in the following form:

"I, A.B., do hereby swear to be faithful to the Republic of _____ and undertake before God to honor this oath; to hold my office as Minister/Deputy Minister with honor and dignity; to respect and uphold the Constitution and all other Law of the Republic; to be a true and faithful counsellor; and to perform the duties of my office conscientiously and to the best of my ability.
So help me God."

15. (1) To advise the President in the government of _____, there shall be an Executive Council consisting of the Prime Minister and such other persons, being Ministers, as the President, on the advice of the Prime Minister, may from time to time appoint.

(2) A member of the Executive Council shall hold office during the pleasure of the President and may be removed from office by the President, acting on the advice of the Prime Minister:

Provided that-
(i) he shall cease to hold office if he ceases to be a Minister;
(ii) he may at any time by notice in writing addressed to the President and delivered to the Prime Minister resign his office.

(3) Any person appointed under this section shall, before entering upon his office, make and subscribe an oath before the President or a person designated by him, an oath in the following form:

"I, A.B., do hereby swear to be faithful to the Republic of _____ and undertake before God to honor this oath; to hold my office as a member of the Executive Council with honor and dignity; to respect and uphold the Constitution and all other Law of the Republic; to be a true and faithful counsellor; not to divulge directly or indirectly any matters brought before the Executive Council which are entrusted to me under secrecy; and to perform the duties of my office conscientiously and to the best of my ability.
So help me God."

16. (1) In the exercise of his functions the President shall act in accordance with the advice of the Executive Council or the appropriate Minister or the Prime Minister on behalf of the Ministers of the Government of _____, as the case may require, except where under this Constitution or any other law he is required to act in accordance with the advice of any other person or authority:

Provided that-
(i) in exercising his powers in terms of section thirty-nine the President shall, subject to the provisions of sub-section (3) of that section, act in accordance with his own discretion;
(ii) in appointing a Prime Minister in terms of paragraph (a) of sub-section (1) of section fourteen the President shall appoint the person who, in his opinion, is best able to command the support of a majority of the members of the House of Assembly;
(iii) in exercising his powers in terms of sub-section (2) or sub-section (8) of section sixty-eight in relation to the Chief Justice the President shall act in accordance with his own discretion.

(2) Where the President is required to act in accordance with his own discretion or the advice of any specified person or authority, a court shall not, in any case, inquire into any of the following questions or matters-
(a) on whose advice the President acted;
(b) whether any advice was tendered or acted on;
(c) the nature of any advice tendered;
(d) the manner in which the President has exercised his discretion as referred to in the provisions of sub-section (1).

(3) Save where expressly provided that the President shall act in accordance with his own discretion, the provisions of this Constitution or any other law referring to the President shall be construed as referring to the President acting on the advice of the Executive Council or other authority as provided in this Constitution or that law, as the case may be, and where he acts on the advice of any other authority by or under this Constitution or any other law, that fact may be stated in the relevant instrument but no act of the President, acting within the powers conferred upon him by or under this Constitution or any other law, shall be invalid by reason of the omission to state on whose advice he has acted.

17. The President, acting on the advice of the Prime Minister, may constitute such offices for _____ as may lawfully be constituted and, subject to the provisions of this Constitution and of any other law, the President may-
(a) make appointments, to be held during pleasure, to any office so constituted; and
(b) dismiss any person so appointed or take such other disciplinary action in relation to him as the President may think fit.

18. (1) The President may, subject to such lawful conditions as he may deem fit:

(a) grant to any person concerned in or convicted of an offense against any law a pardon; or

(b) grant to any person a respite, either indefinite or for a specified period, from the execution of any sentence passed on that person for such an offense; or

(c) substitute a less severe form of punishment for that imposed by any sentence for such an offense; or

(d) remit the whole or part of any sentence passed for such an offense or any penalty or forfeiture otherwise imposed on account of such an offense.

(2) Where a person resident in _____ has been convicted in a country outside _____ of an offense against a law in force in that country, the President may declare that that conviction shall not be regarded as a conviction for the purposes of this Constitution or any other law in force in _____.

19. (1) The President may, at any time, by proclamation published in the Gazette, declare that: