This is an article relating to the Democratic Federation of Sanama. Click here for more information.

Constitution of Sanama (1707)

From MicrasWiki
Jump to navigationJump to search

The current constitution of Sanama was passed into law in a referendum on 1.X.1707, together with the Constitutional Law of Rights.

CONSTITUTION OF THE SANAMAN UNION OF PEOPLE'S REPUBLICS

Article 1.

All public power emanates from the people.

Sanaman democracy is built upon the free exchange of ideas and a general and equal right to vote. Democracy is realised through a representative and parliamentary government system and through regional and local self-government.

Public power is exercised in accordance with the constitution and laws.

Sovereignty shall be vested in the people, and the Lhusan Nasyonal shall be the supreme authority of the Union.

Article 2.

The legislative power of the Union shall be vested in the Lhusan Nasyonal, consisting of the House of People's Delegates, the House of Councillors and the Council of People's Republics.

The legislative year of the Lhusan Nasyonal shall begin and end on 1.XII every year.

Article 3.

The House of People's Delegates shall be composed of members elected every four years by the people.

A candidate for delegate must have attained at least eighteen years of age and been a citizen of the Union for at least five years.

Delegates shall be apportioned among the people's republics according to their share of the national population. Apportionment shall be made every ten years. The number of delegates shall not exceed one for every one hundred thousand and not a total number of nine hundred.

When a vacancy arises in the representation from any people's republic, a special election shall be scheduled.

The House of People's Delegates shall choose its own Speaker and other officers.

Article 4.

The House of Councillors shall consist of one hundred and twenty-one councillors elected every four years by non-governmental organisations, as follows:

Thirty-three councillors elected by and from unions and labour organisations;

Twenty-seven councillors elected by and from organisations in the voluntary and social works sector;

Twenty-three councillors elected by and from the agricultural and fisheries sector;

Twenty-one councillors elected by and from cultural and educational institutions including universities; and

Seventeen councillors elected by and from industrial and commercial institutions.

Candidates for election as councillors shall possess documented expert knowledge in their field.

A candidate for councillor must have attained at least eighteen years of age and been a citizen of the Union for at least five years.

The House of Councillors shall choose its own chairperson and other officers.

Article 5.

The Council of People's Republics shall consist of seventy-three members of the people's republic and Semisa City governments, which appoint and recall them. Other members of those governments may serve as alternates. The delegation shall reflect the partisan composition of the executive. The Mayor of Semisa City shall be the delegate from the city.

Twelve members shall be delegated from Niyi, eight members from Fatehpur Sikri, six members from Pixa Teta, five members from Indipendensa, Panetira, Sanilla Ate, Sanilla Senter, Semisa and Soli, four members from Amarra Esa, Harekina and Kortilhera, and one member from Ailan Feq, Estarisa, Laq Republic, Semisa City and Sipula.

Each people's republic may appoint as many members as it has votes. The votes of each people's republic may be cast only as a unit and only by members present or their alternates.

The Council of People's Republics shall choose its own president and other officers.

Article 6.

The three houses of the Lhusan Nasyonal shall meet in joint session to elect the President of the Union, to receive messages from the President of the Union, and to resolve conflicts between the houses in accordance with this constitution.

The Speaker of the House of People's Delegates shall act as chairperson of joint sessions.

The members of the Council of State shall have the right, and on demand the duty, to participate in meetings of any of the houses and of their committees. They shall have the right to be heard at any time.

Article 7.

The manner of electing people's delegates and councillors shall be prescribed by a Lhusan Nasyonal Act.

The Lhusan Nasyonal shall assemble at least once in every year. The length and number of sessions shall be prescribed by a Lhusan Nasyonal Act.

Article 8.

Each house shall be the judge of the elections and qualifications of its own members. A majority of each house shall constitute a quorum to do business, but a smaller number may adjourn from day to day, and may compel the attendance of absent members.

Each house may determine the rules of its proceedings, punish its members for disorderly behaviour, and, with the concurrence of two thirds of its entire membership, expel a member.

Each house shall keep minutes of its proceedings and publish the same, excepting parts that require secrecy.

Article 9.

The members of the House of People's Delegates and the House of Councillors shall receive compensation for their services, to be fixed by a Lhusan Nasyonal Act. They shall in all cases, except treason and felony, be privileged from arrest during their attendance at the session of their respective houses, and in going to and returning from the same, and for any speech or debate in any house.

No member of the House of Councillors and Council of People's Republics shall be appointed to any executive office in the administration of the Union.

Article 10.

All bills shall originate in the House of People's Delegates. The right to introduce bills belong to all members of the House of People's Delegates and each of its committees, at least ten members of the House of Councillors, each delegation in the Council of People's Republics, and the President of the Council of State.

Bills shall require the concurrence of a majority of the House of People's Delegates and a majority of at least one of the other houses to be deemed to have passed the Lhusan Nasyonal. Constitutional bills also require the concurrence of a majority of the people in a referendum.

A bill passed by the House of People's Delegates shall be submitted to the other Houses for their consideration. They shall submit the result of their consideration to the House of People's Delegates. If one or both of the other Houses have passed the bill unchanged, it shall be deemed to have been passed by the Lhusan Nasyonal and shall be submitted to the President of the Union for promulgation. If both the other Houses have rejected the bill, it shall be deemed to have failed and shall not again be introduced during the same session.

If one of the other Houses pass the bill unamended, and the other House pass the bill amended, they shall be submitted to the House of People's Delegates. The House shall deliberate upon the two versions of the bill and shall, following such deliberation, vote on the matter. If the unamended version passes, it shall be deemed to have been passed by the Lhusan Nasyonal and shall be submitted to the President of the Union for promulgation. If the amended version passes, the Speaker shall submit the bill to a mediation committee. If both versions are rejected, the bill shall be deemed to have failed and shall not again be introduced during the same session.

If both of the other Houses pass the bill amended, they shall be submitted to the House of People's Delegates. The Speaker shall, upon receipt of both amended versions of the bill, submit the bill to a mediation committee.

If one of the other Houses pass the bill amended, and the other House rejects the bill, it shall be submitted to the House of People's Delegates. The Speaker shall, upon receipt of the amended version of the bill, submit the bill to a mediation committee.

The Speaker of the House of People's Delegates shall constitute a mediation committee composed of representatives from the Houses and in such manner as prescribed in this constitution and in law. A house that has rejected a bill shall not be represented in the committee. If two houses are represented in the committee, the House of People's Delegates shall have twice as many representatives as the other House. If three houses are represented, the House of People's Delegates shall have twice as many representatives as the other two Houses together. The committee shall submit its report to the House of People's Delegates. If the House passes the bill as submitted by the committee, it shall be deemed to have been passed by the Lhusan Nasyonal and be submitted to the President of the Union for promulgation. If it the House does not pass the bill, it shall be deemed to have failed and shall not again be introduced during the same session.

If the mediation committee fails to reach a decision, the President of the Union, acting with the advice and consent of the President of the Council of State, may request that the House of People's Delegates make a final decision on the bill. To pass, the bill must receive votes from more than half of the entire membership of the House. If the bill passes, it shall be deemed to have been passed by the Lhusan Nasyonal and be submitted to the President of the Union for promulgation. If the House does not pass the bill, it shall be deemed to have failed and shall not again be introduced during the same session.

Bills received by the House of Councillors and the Council of People's Republics shall be returned to the House of People's Delegates, whether unamended or amended, passed or rejected, within ten weeks or, if the President of the Union, acting with the advice and consent of the President of the Council of State, deems that the bill is urgent, within six weeks.

Article 11.

The Lhusan Nasyonal shall have power to lay and collect taxes, duties, imposts and excises, borrow money, and to provide for the common defence and general welfare of the Union. The Lhusan Nasyonal shall, by passing a constitutional law, delegate such powers as are deemed necessary to the people's republics, and to other regional and local assemblies, according to the principle of subsidiarity.

Article 12.

The House of People's Delegates shall have the power of impeachment of any officer of the Union for high crimes, felonies, and dereliction of duty. A majority of all members, whether present or not, shall be sufficient for the impeachment of any officer. Trial shall be held in the National Judex and a two thirds majority is required for conviction. If an Arbiter of the National Judex is impeached, that Arbiter shall not participate in the proceedings of impeachment. Penalties for impeachment shall only extend to removal from office

Article 13.

There shall be a President of the Union. They shall hold office for a term of six years, and no person may serve more than two terms. The President of the Union shall be elected by a joint session of the Lhusan Nasyonal, and a majority of all members, whether present or not, shall be required for election.

The right of nomination for election as President of the Union shall belong to organisations in the civil sectors represented in the House of Councillors. Any candidate for President of the Union shall have attained at least thirty-five years of age, be a natural born citizen of the Union, and shall not be, and shall never have been, a member of a political party.

Elections for the office of President of the Union shall be held in the twelfth month every six years following the first election, the exact date to be fixed by the Speaker of the House of People's Delegates. In case of the removal of the President of the Union from office, or of their death, resignation or inability to discharge the duties of said office, the chairperson of the House of Councillors shall assume the office of Acting President of the Union, until such time as a new election shall be called by the Speaker of the House of People's Delegates. Such an election shall be held within thirty days of the office falling vacant. During the period that the chairperson of the House of Councillors shall assume the office of Acting President of the Union, they shall not exercise their role as chairperson of the House of Councillors.

The President of the Union assumes office, and receives their commission, at the certification of the election results by the Speaker of the House of People's Delegates, and their office is terminated at the certification and commission of a successor, notwithstanding cases of removal from office, or death, resignation or inability to discharge the duties of the office.

The President of the Union shall, upon receiving their commission, take the Oath of Office in front of a joint session of the Lhusan Nasyonal. The text of the Oath shall be prescribed by constitutional law.

The President of the Union shall receive for their services a compensation, which shall neither be increased or diminished during their term, and they shall not receive within that period any other emolument from the Union.

Article 14.

The office of head of state and commander-in-chief of the armed forces of the Union shall be vested in the President of the Union. They shall serve as the protector of the constitution, the guarantor of the faithful execution of the laws, and the good government of the Union.

The President of the Union shall exercise their authority, duties, and powers with the advice and consent of the President of the Council of State, who shall countersign all such acts, notwithstanding when this constitution states that the President of the Union shall act on their own council. The President of the Union shall not be absent from the territory of the Union without the consent of the President of the Council of State.

Article 15.

Following elections to the House of People's Delegates, as well as following a vote of no confidence in a President of the Council of State, or when the office falls vacant, the President of the Union shall, acting on their own council, propose a representative of a party in the House to be President of the Council of State that, in their reasoned opinion, has the ability to be approved in a vote of confidence in the House, and to pass a budget for the Union in the Lhusan Nasyonal. Upon the approval of the candidate in a vote of confidence, having received affirmative votes from more than half of the entire membership of the House, the candidate shall receive their commission from the President of the Union, thereby terminating the commission of the preceding President of the Council of State. Such termination shall also terminate the commission of the members of the Council of State.

Following a vote of no confidence in a member of the Council of State, the President of the Union shall, acting on their own council, dismiss that member.

The President of the Union shall receive letters of credence and, with the advice and consent of the President of the Council of State, have the power to grant reprieves and pardons, except in cases of impeachment; to appoint and dismiss ambassadors, other ministers and consuls; and to appoint and dismiss the members of the Council of State.

Upon the receipt of a bill deemed to have been passed by the Lhusan Nasyonal, the President of the Union shall promulgate the bill, thereby making it into a Lhusan Nasyonal Act. The President of the Union may, acting on their own council, submit the bill to the Constitutional Chamber of the National Judex, for a review of its constitutionality. If the Constitutional Chamber certifies its constitutionality, the President of the Union shall promulgate the bill. If the Constitutional Chamber rules the bill to be unconstitutional, the President of the Union shall deny promulgation and inform the Speaker of the House of People's Delegates.

The President of the Union shall, upon the receipt of a message from the Speaker of the House of People's Delegates, informing them that the President of the Council of State has lost the confidence of the House following a vote of no confidence, and acting on their own council, terminate the commission of the President of the Council of State. The President of the Council of State shall remain in an acting capacity until such time as a new President of the Council of State shall have been approved by the House of People's Delegates, and appointed by the President of the Union.

The President of the Union shall, acting on their own council, after having proposed different candidates for President of the Council of State to the House of People's Delegates, and having their proposals thrice rejected, dissolve the House of People's Delegates and call for new elections to the House within thirty days. Delegates thus elected shall serve until the following general election. If less than six months remain until the next general election, the President of the Union shall not dissolve the House, instead the President of the Council of State shall remain in an acting capacity.

Article 16.

The executive power of the Union shall be vested in the Council of State. The Council of State shall be presided over by the President of the Council of State, who shall direct, lead and coordinate the proceedings of the Council of State; assign areas of responsibilities to its members; appoint and dismiss deputies and assistants to the members; and to provide for the good governance of the Union and the faithful execution of its laws.

All decrees and orders issued by the Council of State shall be presented to the President of the Union for promulgation. The President of the Union may, acting on their own council, submit the decree or order to the Constitutional Chamber of the National Judex, for a review of its constitutionality. If the Constitutional Chamber certifies its constitutionality, the President of the Union shall promulgate the decree or order. If the Constitutional Chamber rules the decree or order to be unconstitutional, the President of the Union shall deny promulgation and inform the President of the Council of State.

Article 17.

The judicial power of the Union shall be vested in the National Judex, and in such inferior courts that the Lhusan Nasyonal may from time to time establish. The judges, both of the supreme and inferior courts, shall hold their offices for terms of twelve years and during good behaviour, and shall, at stated times, receive a compensation for their services, which shall not be diminished during their term of office.

There shall be a Judicial Council, comprised of the arbiters of the National Judex as well as the chief judge of each court immediately inferior to the National Judex. The Judicial Council shall promulgate rules of civil and criminal procedure and shall be chaired by the Arbiter General.

The Judicial Council shall whenever a vacancy arises in the judiciary prepare a list of three learned jurists. The list shall be presented to the President of the Union who shall, acting on their own council, commission one of three.

Article 18.

The judicial power shall extend to all cases arising under this constitution, the laws of the Union, and treaties made under their authority. A constitutional law shall prescribe the organisation of the judicial system of the Union, and the organisation of the National Judex.

The trial of all crimes, except in cases of impeachment, shall be by a judges' panel.

First Amendement (1720)

Article 1 The territory of the Union shall be divided into rhumëqe. All references in this Constitution to people's republics, shall be construed to refer to the rhumëqes.

Second Amendment (1735)

This amendment shall come into force on 1.I.1740.

The First Amendment to the constitution is hereby repealed.

Third Amendment (1735)

This amendment shall come into force on 1.I.1740, except for the amendments to Article 3, First Paragraph, and Article 5, First Paragraph, which shall come into force on 1.I.1739.

Article 2 of the constitution shall be amended as follows:

First paragraph:
The legislative power of the Union shall be vested in the Lhusan Nasyonal, consisting of the House of People's Delegates and the Council of People's Republics.

Article 3 of the constitution shall be amended as follows:

First paragraph:
The House of People's Delegates shall be composed of delegates elected every five years by the people. Elections shall be proportional and regulated by an organic law.

Third paragraph:
Delegates shall be apportioned among the people's republics according to their share of the national population. Apportionment shall be made every ten years. The number of delegates shall not exceed one for every one hundred and fifty thousand and not a total number of six hundred and fifty.

Article 4 of the constitution shall be repealed.

Article 5 of the constitution shall be amended as follows:

First paragraph:
The Council of People's Republics shall be composed of councillors elected every five years by the people.

Second paragraph:
A candidate for representative must have attained at least twenty-five years of age and been a citizen of the Union and the electoral circuit they shall represent for at least five years.

Third paragraph:
The Council of People's Republics shall constist of no more than one hundred and ten representatives of the people's republics and Semisa City, hereonafter referred to as electoral circuits, elected by the peoples thereof. Every electoral circuit shall elect at least one councillor. The exact number shall be no more than one sixth of the size of the House of People's Delegates and shall be regulated by an organic law.

Article 6 of the constitution shall be amended as follows:

First paragraph:
The two houses of the Lhusan Nasyonal shall meet in joint session to receive messages from the President of the Union, and to resolve conflicts between the houses in accordance with this constitution and other legislation.

Article 9 of the constitution shall be amended as follows:

First paragraph:
The words "House of Councillors" shall be replaced by the words "Council of People's Republics".

Second paragraph:
The words "House of Councillors" shall be replaced by the words "Council of People's Republics".

Fourth Amendment (1735)

This amendment shall come into force on 1.I.1740.

Article 10 of the constitution shall be amended as follows:

First paragraph:
The right to introduce bills in either house belong to each of its members and each of its committees, the President of the Council of State and the President of the Union.

Second paragraph:
Bills shall require the concurrence of a majority of members present and voting of each house, and the same concurrence of the other house to be deemed to have passed the Lhusan Nasyonal. Constitutional amendments also require the concurrence of a majority of the people in a referendum.

Third paragraph:
A bill passed by either house shall be submitted to the other house for their consideration. They shall submit the result of their consideration to the originating house. If the other house has passed the bill unchanged, it shall be deemed to have been passed by the Lhusan Nasyonal and shall be submitted to the President of the Union for their consideration. If the other house has rejected the bill, it shall be deemed to have failed and shall not again be introduced during the same session.

Fourth paragraph:
If the other house passes the bill amended, it shall be returned to the originating house. The House shall deliberate upon the amended version of the bill and shall, following such deliberation, vote on the matter. If the amended version passes, it shall be deemed to have been passed by the Lhusan Nasyonal and shall be submitted to the President of the Union for their consideration. If the amended version is in turn amended, the chairperson of the house shall submit the bill to a mediation committee. If the amended version is rejected, it shall be deemed to have failed and shall not again be introduced during the same session.

The fifth and sixth paragraphs shall be repealed.

Seventh paragraph:
The Speaker of the House of People's Delegates shall constitute a mediation committee composed of representatives from the Houses and in such manner as prescribed in this constitution and in law. The committee shall consist of an equal number of members from each house. The committee shall submit its report to both houses. If both houses passes the bill as submitted by the committee, it shall be deemed to have been passed by the Lhusan Nasyonal and be submitted to the President of the Union for promulgation. If either house does not pass the bill, it shall be deemed to have failed and shall not again be introduced during the same session.

Eighth paragraph:
If the mediation committee fails to reach a decision, the President of the Union, acting with the advice and consent of the President of the Council of State, may request that the Lhusan Nasyonal meet in a joint session to make a final decision on the bill. To pass, the bill must receive votes from more than half of the entire membership of the Lhusan Nasyonal. If the bill passes, it shall be deemed to have been passed by the Lhusan Nasyonal and be submitted to the President of the Union for their consideration. If the bill does not pass, it shall be deemed to have failed and shall not again be introduced during the same session.

Ninth paragraph:
Bills received by either house shall be returned to the other house within twelve weeks or, if the President of the Union, acting with the advice and consent of the President of the Council of State, deems that the bill is urgent, within six weeks.

Fifth Amendment (1735)

This amendment shall come into force on 1.I.1740.

Article 13 of the constitution shall be amended as follows:

First paragraph:
There shall be a President of the Union. They shall hold office for a term of five years. The President of the Union shall be elected by an absolute majority of the people in a manner prescribed by law.

The second paragraph shall be repealed.

Third paragraph:
Elections for the office of President of the Union shall be held on the same date as elections to the Lhusan Nasyonal. In case of the removal of the President of the Union from office, or of their death, resignation or inability to discharge the duties of said office, the President of the Council of People's Republics shall assume the office of Acting President of the Union, until the next regular election. During the period that the President of the Council of People's Republics shall assume the office of Acting President of the Union, they shall not exercise their role as President of the Council of People's Republics.

Article 14 of the constitution shall be amended as follows:

First paragraph:
The office of head of state and commander-in-chief of the armed forces of the Union shall be vested in the President of the Union. They shall be the guarantor of the constitution, of the rights and freedoms of the people, protect the sovereignty of the Union, its independence and integrity, and ensure coordinated functioning and interaction between all the bodies of state power.

The second paragraph shall be repealed.

Third paragraph:
According to the constition and the laws the President of the Union shall determine the guidelines of the internal and foreign policies of the state.

Fourth paragraph:
As head of state the President of the Union represents the Union within the country and in international relations.

Fifth paragraph:
A candidate for President of the Union must have attained at least thirty-five years of age and be a natural-born citizen of the Union. A natural-born citizen is defined as a person either born within the borders of Sanama to at least one Sanaman parent, or born prior to the Kalirion Fracture in the territories that later became Sanama.

Sixth paragraph:
The President of the Union shall issue decrees. The decrees of the President of the Union shall constitute binding legislation and must not conflict with the constitution and laws of Sanama.

Seventh paragraph:
The President of the Union shall appoint a council to assist them in the execution of their duties. The members of the council shall serve at the pleasure of the President of the Union. The President of the Union shall specify the scope, powers, duties, responsibilities and organisation of the council by decree.

Sixth Amendment (1735)

This amendment shall come into force on 1.I.1740.

Article 15 of the constitution shall be amended as follows:

First paragraph:
Following elections to the House of People's Delegates, as well as following a vote of no confidence in a President of the Council of State, when the office falls vacant, the President of the Union shall appoint and commission a representative of a party in the House to be President of the Council of State that, in their reasoned opinion, has the ability to be approved in a vote of confidence in the House, and to pass a budget for the Union in the Lhusan Nasyonal. Upon the appointment the commission of the preceeding President of the Council of State shall be terminated. Such termination shall also terminate the commission of the members of the Council of State.

Second paragraph:
The President of the Union, upon the receipt of a message from the Speaker of the House of People's Delegates, informing them that a member of the Council of State has lost the confidence of the House following a vote of no confidence, shall dismiss that member.

Third paragraph:
The President of the Union shall receive letters of credence and, with the advice of a body established in accordance with law, have the power to grant reprieves and pardons, except in cases of impeachment. They shall also appoint and dismiss ambassadors, other ministers and consuls; and appoint and dismiss the members of the Council of State.

Fourth paragraph:
Upon the receipt of a bill deemed to have been passed by the Lhusan Nasyonal, the President of the Union shall within fourteen days promulgate the bill, thereby making it into a Lhusan Nasyonal Act. The President of the Union may return the bill to the Lhusan Nasyonal with an explanation for withholding promulgation. If the Lhusan Nasyonal passes the bill again with a three-fifths majority of the entire membership of each House within fourteen days, the President of the Union, upon receipt of the bill, shall promulgate it within five days.

Fifth paragraph:
The President of the Union shall, upon the receipt of a message from the Speaker of the House of People's Delegates, informing them that the President of the Council of State has lost the confidence of the House following a vote of no confidence, terminate the commission of the members of the Council of State. The members of the Council of State shall remain in an acting capacity until such time as a new President and members of the Council of State shall have been appointed and commissioned by the President of the Union.

Sixth paragraph:
The President of the Union may, following a successful vote of no confidence in the President of the Council of State, that follows within three months of a preceeding successful vote of no confidence, and that does not fall within six months of an election, dissolve the House of People's Delegates and call for new elections to the House within thirty days. Delegates thus elected shall serve until the following general election. The President of the Council of State defeated in the vote of no confidence shall not remain in office until the general election.

Seventh paragraph:
The President of the Union may terminate the commission of the President of the Council of State. When doing so, the President of the Union shall also appoint and commission a new President of the Council of State.

Seventh Amendment (1735)

This amendment shall come into force on 1.I.1740.

Article 16 of the constitution shall be amended as follows:

First paragraph:
The executive power of the Union shall be vested in the Council of State. The Council of State shall be headed by the President of the Council of State and presided over by the President of the Union. The President of the Council of State shall direct, lead and coordinate the proceedings of the Council of State, and to provide for the good governance of the Union and the faithful execution of its laws. The President of the Union shall, upon the proposal of the President of the Council of State, appoint its members, deputies and assistants, and assign areas of responsibilities to its members.

Second paragraph:
The Council of State shall develop and submit to the House of People's Delegates a budget and provide for its implementation, submit a report to the House on the implementation of the budget, submit annual reports to the House on the results of its work, shall ensure a uniform financial, credit and monetary policy, uniform policies in the fields of education, health and social security, administer property held by the Union, secure the defence of the country and the state, implement the foreign policy of the Union, ensure that the laws are obeyed, civil rights and freedoms are respected, protect property and public order, and combat crime, and any other functions assigned to it by the constitution, the laws and decrees of the President of the Union.

Third paragraph:
The Council of State shall issue regulations and ensure their implementation, in accordance with the constitution, the laws and normative decrees of the President of the Union. Regulations of the Council of State constitute binding legislation. Any regulation of the Council of State that conflict with the constitution, the laws or decrees of the President of the Union may be repealed by the President of the Union.