Compact of Ouinville

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The Compact of Ouinville is the constitution or supreme law of the Altusian Republic. Its final draft was completed by the Constitutional Commission composed of representatives of the different city-states and of the Armée Altusienne Unie in 1669 and was ratified by a nationwide plebiscite later that year.

President Eugène Fouché was the main driving force in introducing the new constitution and inaugurating the Altusian Republic, while the text was drafted by Nicolás Berrocal.

Background

Referendum

Compact of Ouinville

Article I (On the Basic Principles of the Republic.)

1. The city-states of Alduria, Belloc, Hatkrou, Norvind, and Ouinville unite into a holy, federal, indivisible, and democratic Altusian Republic.

2. The Official Church of the Aldurian Republic is the Church of Alexandria, its status shall remain sacrosanct. However, freedom of religion is guaranteed to all Aldurian citizens.

2. The organs of the State will promote the strengthening of the regionalization of the country and the equitable development and solidarity between cities and localities within the country.

3. The national flag, the seal of the Republic, and the national anthem are the national emblems of the Altusian Republic, and these are prescribed by law.

4. The people of Altus are born free and equal, in dignity and rights. The family is the basic core of society.

5. The State recognizes and defends the intermediate groups through which society organizes and structures itself and guarantees them the necessary autonomy to fulfill their own specific objectives.

6. The State is at the service of the individual and its goal is to promote common welfare. To this effect, it must contribute to the creation of the social conditions which permit each and every one of the members of the national community to achieve the greatest possible spiritual and material fulfillment, with full respect for the rights and guarantees established by this Compact.

7. It is the duty of the State to safeguard the national security, to provide protection for the people and the family, to secure the general welfare of the Nation, to promote the strengthening of the family, to further the harmonious integration of all the sectors of the Nation and to ensure everyone the right to participate in the national life with equal opportunities.

8. Sovereignty rests essentially with the Nation. It is exercised by the people through the plebiscites and periodic elections, as well as by the authorities established by this Compact.

9. The action of the bodies of the State must be subject to the Compact and to the laws enacted in conformity therewith.

10. Both the incumbent officers of said bodies or members thereof, as well as all persons, institutions or groups, are bound by the precepts of this Compact. The breach of this principle shall generate responsibilities and penalties to be determined by the law.

11. The bodies of the State operate validly within their field of competence, and in the manner prescribed by law, after their members have been properly invested. No judicature, person or group of persons may assume, even on the pretext of extraordinary circumstances, any other authority or rights than those expressly conferred upon them by the Compact or by law. Any act contravening this article is null and void and shall give rise to the responsibilities and penalties indicated by law.

12. Any action by an individual or group intended to propagate doctrines attempting against the family, or which advocate violence or a concept of society, the State or the juridical order, of a totalitarian character or based on class warfare, is illegal and contrary to the Republic and the Nation. The organizations and political movements or parties which, due to their purposes or the nature of the activities of their members, tend toward such objectives, are unconstitutional. The cognizance of violations of the provisions set forth in the preceding paragraphs shall rest with the Supreme Court of Justice. Without prejudice to the other penalties established by law, persons who incur or who should have incurred the aforementioned violations shall not, for a period of ten years (Ab Nortone) from the date of the Court's decision, be eligible for public duties or positions, regardless as to whether they should or should not be obtained through popular vote. Likewise, they will not become rectors or directors of educational establishments or teach thereat or exploit any medium of mass communication, or become directors or administrators thereof, or hold positions therein, related to the broadcast or dissemination of opinions or information. During the aforementioned period, they will not be able either to act as leaders of political organizations or students associations, and in general, organizations related to education, or occupy positions in community professional, entrepreneurial, labor or trade unions. If at the time of the Court's decision, those persons referred to above should be holding a public office or position, whether or not as the result of a popular vote, they shall lose it as a matter of law. Persons penalized in accordance with this precept, shall not be eligible for reinstatement during the indicated ten year (Ab Nortone) period. The duration of ineligibility as prescribed in this section shall be doubled in case of recurrence of the offense.

13. Terrorism in any of its forms is essentially contrary to human rights. A law passed by a qualified quorum shall define terrorist conducts and the penalty to be imposed. Those responsible for such crimes shall, for a period of fifteen (Ab Nortone) years, be precluded from holding positions or exercising functions or activities as referred to in the preceding section, without prejudice to other ineligibilities or of those for a longer period established by law. Neither amnesty or pardon, nor provisional freedom for those tried for such crimes shall be warranted. For all legal effects, such crimes will always be regarded as common offenses and not as political ones.

Article II (On the President.)

1. The government and the administration of the State are vested in the President of the Republic, who is the Chief of the State.

2. His authority extends to all that aims at the preservation of the internal public order and the external security of the Republic, in accordance with the Compact and the law.

3. The President of the Republic shall report to the country, at least once a year, on the administration and political condition of the Nation.

4. In order to be eligible to the office of President of the Republic, the individual must have been born in the territory of Altus or have held Alexandrian citizenship, have attained to the age of forty years, and possess the other necessary requirements to qualify as a citizen of the Republic with the right to vote.

5. The President of the Republic shall hold office for a term of five (Ab Nortone) years and may be reelected up to two consecutive times.

6. The President of the Republic may not leave the national territory for more than thirty days or during the last ninety days of his administration without the consent of the Altusian Senate.

7. In any case, the President of the Republic shall communicate the Senate with due anticipation, his decision to leave the country and the reasons therefor.

8. The President shall be elected by direct ballot, with an absolute majority of the votes validly cast. The election shall be held before the end of the administration of the President then holding office in the manner determined by law.

9. 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. This election shall be limited to the two candidates with the highest relative majorities.

10. 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 Chairman of the Permanent Steering Committee, in accordance with the order of legal precedence. In the absence of such Chairman, the person who follows in the order of precedence shall succeed him, in accordance with the laws and the provisions they make for the absence of all of the aforementioned officials who shall substitute the President.

11. In case of a vacancy in the Presidency of the Republic, the successor shall be appointed by the Permanent Steering Committee with an absolute majority of its members in office and shall remain in office until the next general election, when a new presidential election shall be held. The President thus designated may not become a candidate in the following presidential election.

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

13. The special powers vested in the President of the Republic are the following:

  • To contribute to the making of the laws in accordance with the Compact; to sanction and promulgate them;
  • To convene the Senate to an extraordinary session and to close it;
  • To issue decrees and orders having force of law with reference to matters indicated by the Compact and the laws;
  • To call to a national plebiscite;
  • To dissolve the Senate, being precluded from exercising this power during the last year in which the Senate is in office.
  • To designate the members of the Senate that are unelected, in accordance with the precepts of this Compact;
  • To declare situations of constitutional exception in the instances and forms prescribed for in this Compact;
  • To exercise the statutory authority in all those matters which are not of a legal nature, without prejudice to the power to issue other regulations, decrees or instructions which he may deem appropriate for the enforcement of the law;
  • To appoint, and remove at will any or all officials of the State;
  • To appoint Ambassadors and Diplomatic Ministers and Representatives to international organizations, who shall be of the exclusive confidence of the President of the Republic and shall remain in their positions as long as they continue being reliable to him;
  • To appoint the Comptroller General of the Republic with the consent of the Senate;
  • To appoint and remove officers considered by law to be of his exclusive confidence and to fill the other civilian positions in accordance with the law. The removal of other officers shall be subject to the provisions determined by law;
  • To grant pensions, retirement, widows' and orphans' pensions and de gratia pensions, in accordance whith the law;
  • To appoint the Justices of all Courts of Justice and Civil Judges, as prescribed for in this Compact;
  • To watch over the ministerial conduct of the judges and other employees of the Judiciary and, to that effect, demand from the Supreme Court, when applicable, the declaration on misconduct of such persons; or declare that disciplinary measures be sought from the competent court or, in the light of sufficient evidence, file the pertinent accusation.
  • To grant an individual pardon in the cases and in the manner prescribed for by the law;
  • To conduct political relations with foreign nations and international organizations, and carry out negotiations; conclude, sign and ratify treaties deemed advantageous for the interests of the country, with discussions and deliberations on these matters maintained secret should the President of the Republic so demand;
  • To appoint and remove Chiefs of the Army, Navy, Air Force, and other Armed Branches and the Director-General of the Armed Police, and provide for assignments, promotions, and retirement of officers of the Armed Forces and the Armed Police;
  • To command the air, sea and land forces; organize and distribute them in accordance with national security needs;
  • To take over, in case of war, the supreme command of the Armed Forces;
  • To declare war, subject to authorization by law; being it required to point out that the Permanent Steering Committee has been heard in this regard;
  • To watch over the collection of public revenue and decree its expenditure in accordance with the law;
  • To appoint the members of the Electoral Committee and provide for its rules and regulations.

Article III (On the Permanent Steering Committee.)

1. The Permanent Steering Committee shall provide advice, ensure delivery of the national projects, policies, and outputs and the achievement of project outcomes; serving as the direct and immediate collaborators of the President of the Republic in governing and administering the State. The law shall determine the number and organization of the Committee, as well as the order of precedence of the incumbent Ministers.

2. The Permanent Steering Committee shall forever maintain as its highest purpose the maintenance of national unity and national strength, the promotion of the Alexandrian traditions and culture, with a respect for the laws, this Compact, and the rights and dignities of the citizens of Altus.

2. The Permanent Steering Committee shall have a Chairman, appointed by the President of the Republic, to serve as Chief of Staff to the President and Minister of Government and the Civil Service.

3. The President of the Republic may entrust one or more Ministers with the coordination of the work to be performed by the Secretaries of State and relations of the Government with the Senate.

4. In order to be eligible to the office of Minister, the person must be a citizen of Altus, should have attained to the age of twenty-one years, and should meet the general requirements for entering public office, in accordance with the laws and this Compact.

5. In cases of absence, impediment or resignation of a Minister, or should the vacancy be produced by another cause, he shall be replaced in the manner established by law.

6. When Ministers should deem it appropriate, they may attend sessions of the Senate and participate in the debates, with priority right for taking the floor, but without the right to vote.

Article IV (On the Altusian Senate.)

1. There shall be an Altusian Senate, which shall provide for its own rules and internal regulations in adherence to this Compact and the laws.

2. The Senate is composed of 3 Senators from each of the city-states of the Altusian Republic. Candidates approved by the Electoral Committee shall be elected by direct ballot from their respective city-states every five years. The Senate shall also be composed of former Presidents of the Republic who should have served for five consecutive years in that capacity, these Senators shall hold their positions in their own right for life, without prejudice that incompatibilities, incapacities and grounds for suspension described in this Compact or by the law.

3. The President of the Republic shall appoint representatives from different recognized interest groups in Altusian society to serve as unelected Senators such as, but not limited to, trade unions, the Church of Alexandria, and important corporations based in Altus.

4. Eligible candidates to be elected Senators are Altusian citizens of at least twenty-one years of age, who have the right to vote and have completed secondary education, or the equivalent thereof, and reside in the city-state that they are candidates in.

5. The exclusive powers of the Altusian Senate are:

  • To petition and advise the Government with the vote of the majority of the Senators present, adopt agreements or suggest observations which shall be transmitted in writing to the President of the Republic, and the Government must reply, through the competent Minister or official, within thirty days. In no case will such agreements or observations affect the political responsibility of the Ministers and the Government's obligation shall be understood to be fulfilled simply by delivering its reply;
  • Request information of a specific nature from the Government, provided that the proposal should meet with the favorable vote of one-third of the Chamber members present;
  • To decide on the admissibility of judicial actions which any individual would attempt to bring against any Minister or against the Government, on the grounds of damage which any such person may have unjustly suffered as a result of actions of a Minister of State while performing his duties;
  • To take cognizance of conflicts of jurisdiction arising between political or administrative authorities and Higher Courts of Justice;
  • To lend or deny its consent to actions of the President of the Republic in cases required by the Compact or by the law;
  • To grant its approval for the President of the Republic to leave the country for a period exceeding thirty days or during the last ninety days of his term;
  • To declare the incapacity of the President of the Republic or of the President-elect when a physical or mental impediment prevents him from performing his duties; and to, likewise, declare in case of resignation of the President of the Republic, whether or not the grounds therefor are well-founded and, in consequence, to accept or reject the resignation.
  • To give its opinion to the President of the Republic in cases when he should so request;
  • The Senate, its legislative committees and other bodies thereof, including the parliamentary committees if any, and the Senators, may under no circumstances whatsoever, control the actions of the Government nor of its dependent entities, nor may they adopt agreements implying inspection, nor call special sessions or parts of sessions in order to issue opinions regarding such actions, nor on matters alien to its functions.

6. The Senate may be convoked by the President of the Republic for an extraordinary session.

7. The Senate may not commence sessions thereof or adopt resolutions without the attendance of one-third of its members in office.

8. Senators shall receive as sole compensation, a fee equal to the remuneration of a Minister, all corresponding allowances included.

Article V (On the Courts of Altus.)

1. The power to take cognizance of civil and criminal cases, to resolve them and enforce compliance of judgments, is vested exclusively in the Courts established by law. Neither the President of the Republic nor the Senate may, in any case whatsoever, exercise judicial functions, take over pending cases, revise the grounds for or contents of their decisions or revive closed cases.

2. Courts may not excuse themselves from exercising their authority if their intervention is requested in a legal manner and in connection with affairs of their jurisdiction, not even in the absence of a law to resolve the dispute or issue submitted to their decision.

3. To enforce the execution of decisions and to carry out instructions they have decreed, or have them carried out, the ordinary and the special Courts of Justice comprising the Judiciary may issue direct orders to the public forces or exercise available means of action for enforcement thereof. The other courts shall act in accordance with the manner indicated by law.

4. The requested authority shall fulfill the judicial mandate, without further proceedings, and may not judge the grounds or opportunity thereof, or the justice or legality of the decision to be executed.

5. There shall be a Supreme Court of Justice, composed of seven members designated in the following manner:

  • Three persons appointed by the Senate on the recommendation from the President of the Republic;
  • A Lawyer appointed by the President of the Republic;
  • Two Lawyers elected by the Permanent Steering Committee;
  • A Lawyer elected by the Senate by an absolute majority of the Senators in office.

Article VI (On Conscription and the Military Services of Altus.)

Article VII (On the States of Emergency and Constitutional Exception.)

1. The rights and guarantees ensured to all persons by the Constitution may only be affected in the following exceptional situations:

  • foreign or internal war,
  • internal disturbances,
  • emergency, and
  • public calamity.

2. In case of foreign war, the President of the Republic, with the consent of the Permanent Steering Committee, may declare all or part of the national territory in the state of emergency.

3. In case of internal war or internal commotion, the President of the Republic may, with the consent of the Senate, declare all or part of the national territory in a state of siege.

4. Within ten days following the date on which the President of the Republic has submitted the declaration of the state of siege to the Senate, the latter must decide whether to accept or reject the proposal, not being permitted to introduce modifications thereto. Should the Senate not make a pronouncement within that period, the proposal shall be understood to be approved. The Senate may, at any time and by an absolute majority of the members in office, waive the effect of the state of siege which it had approved.

5. The President of the Republic, with the consent of the Permanent Steering Committee, may declare the whole national territory or part thereof in the state of emergency in the event of serious disturbance of public order, harm or danger to the national security, resulting from causes of either internal or external origin.

6. In case of public disaster, the President of the Republic may, with the consent of the Permanent Steering Committee, declare the state of catastrophe for the affected zone or any other area which should so require as a result of the calamity occurred.

7. The President of the Republic may, at any time, terminate any of these aforementioned states.

8. The President of the Republic is authorized to suspend or restrict personal freedom, the right to assemble, freedom of information and opinion and freedom to work. He may also restrict the exercise of the right of association and unionization, impose censorship on mail and communications, order the confiscation of property and establish limitations on the exercise of the right to ownership.

9. Confiscations shall give rise to indemnifications, in compliance with the law. The right to indemnification shall also apply in case of limitations imposed on ownership when such limitations produce deprivation of any of the essential faculties or powers of ownership thus causing injury.

10. Further laws and Presidential Orders may regulate the states of exception and empower the President of the Republic to, personally or through other authorities, exercise the powers formerly described.

Article VIII (On Amending this Compact.)

Amendments

See Also

References