Constitution of the Commonwealth of Zeed
LAW OF ADMINISTRATION FOR THE COMMONWEALTH OF ZEED FOR THE TRANSITIONAL PERIOD
PREAMBLE
The people of Zeed, striving to reclaim their freedom, which was usurped by the previous tyrannical regime, rejecting violence and coercion in all their forms, and particularly when used as instruments of governance, have determined that they shall hereafter remain a free people governed under the rule of law.
These people, affirming today their respect for international law, especially having been amongst the founders of the Raspur Pact, working to reclaim their legitimate place among nations, have endeavored at the same time to preserve the unity of their homeland in a spirit of fraternity and solidarity in order to draw the features of the future new Zeed, and to establish the mechanisms aiming, amongst other aims, to erase the effects of racist and sectarian policies and practices.
This Constitution is now established to govern the affairs of Zeed during the transitional period until a duly elected government, operating under a permanent and legitimate constitution achieving full democracy, shall come into being.
CHAPTER ONE – FUNDAMENTAL PRINCIPLES
Article 1.
(A) This document shall be called the “Constitution of the Commonwealth of Zeed” and the phrase “this Law” wherever it appears in this document shall mean the “Constitution of the Commonwealth of Zeed”.
(B) Gender-specific language shall apply equally to male and female.
(C) The Preamble to this Law is an integral part of this Law.
Article 2.
The term “transitional period” shall refer to the period beginning on the promulgation of this Constitution and lasting until the formation of an elected government pursuant to a permanent constitution as set forth in this Constitution.
Article 3.
(A) This Constitution is the Supreme Law of the land and shall be binding in all parts of Zeed without exception. No amendment to this Constitution may be made except by a three-fourths majority of the members of the National Assembly and the unanimous approval of the Presidency Council. Likewise, no amendment may be made that could abridge in any way the rights of the people of Zeed cited in Chapter Two; extend the transitional period beyond the timeframe cited in this Constitution; delay the holding of elections to a new assembly; reduce the powers of the regions or governorates or affect any other religions or sects and their rites.
(B) Any legal provision that conflicts with this Constitution is null and void.
(C) This Constitution shall cease to have effect upon the formation of an elected government pursuant to a permanent constitution.
Article 4.
The system of government in Zeed shall be republican, federal, democratic, and pluralistic, and powers shall be shared between the federal government and the regional governments, governorates, municipalities, and local administrations. The federal system shall be based upon geographic and historical realities and the separation of powers, and not upon origin, race, ethnicity, nationality, or confession.
Article 5.
All armed forces of Zeed shall be subject to the civilian control of the Government of the Commonwealth of Zeed in accordance with the contents of Chapters Three and Five of this Law.
Article 6.
The Government of the Commonwealth of Zeed shall take effective steps to end the vestiges of the oppressive acts of the previous regime arising from forced displacement, deprivation of citizenship, expropriation of financial assets and property, and dismissal from government employment for political, racial, or sectarian reasons.
Article 7.
A) This Constitution respects the religious identity of the majority of the people of Zeed and guarantees the full religious rights of all individuals to freedom of religious belief and practice.
(B) Zeed is a country of many nationalities.
Article 8.
The flag, anthem, and emblem of the State shall be fixed by law. The current flag and emblem of the State remains until otherwise amended by law in accordance with this Constitution.
Article 9.
The right of the people of Zeed to educate their children in their mother tongue, in government educational institutions in accordance with educational guidelines, or in any other language in private educational institutions, shall be guaranteed. The scope of the term “official language” and the means of applying the provisions of this Article shall be defined by law and shall include:
(1) Publication of the official gazette;
(2) Speech and expression in official settings, such as the National Assembly, the Council of Ministers, courts, and official conferences;
(3) Recognition and publication of official documents and correspondence;
(4) Opening schools in accordance with educational guidelines;
(5) Use of languages in any other settings enjoined by the principle of equality (such as bank notes, passports, and stamps);
(6) Use of languages in the federal institutions and agencies.
CHAPTER TWO – FUNDAMENTAL RIGHTS
Article 10.
As an expression of the free will and sovereignty of the people of Zeed, their representatives shall form the governmental structures of the State. The Government of the Commonwealth of Zeed and the governments of the regions, governorates, municipalities, and local administrations shall respect the rights of the people of Zeed, including those rights cited in this Chapter.
Article 11.
(A) Anyone who carries Zeed nationality shall be deemed a citizen of Zeed. Their citizenship shall grant them all the rights and duties stipulated in this Constitution and shall be the basis of their relation to this homeland and the State.
(B) No citizen of Zeed may have their citizenship withdrawn or be exiled unless they are a naturalized citizen who, in their application for citizenship, as established in a court of law, made material falsifications on the basis of which citizenship was granted.
(C) Each citizen of Zeed shall have the right to carry more than one citizenship. Any citizen of Zeed whose citizenship was withdrawn because they acquired another citizenship shall be deemed a citizen of Zeed.
(D) Any citizen of Zeed whose citizenship was withdrawn for political, religious, racial, or sectarian reasons has the right to reclaim their citizenship in the Commonwealth of Zeed.
(E) The National Assembly must issue laws pertaining to citizenship and naturalization consistent with the provisions of this Constitution.
(F) The Courts shall examine all disputes airising from the application of the provisions relating to citizenship.
Article 12.
All citizens of Zeed are equal in their rights without regard to gender, sect, opinion, belief, nationality, religion, or origin, and they are equal before the law. Discrimination against a citizen of Zeed on the basis of their gender, nationality, religion, or origin is prohibited. Everyone has the right to life, liberty, and the security of their person. No one may be deprived of their life or liberty, except in accordance with legal procedures. All are equal before the courts.
Article 13.
(A) Public and private freedoms shall be protected.
(B) The right of free expression shall be protected.
(C) The right of free peaceable assembly and the right to join associations freely, as well as the right to form and join unions and political parties freely, in accordance with the law, shall be guaranteed.
(D) Each citizen of Zeed has the right of free movement in all parts of Zeed and the right to travel abroad and return freely.
(E) Each citizen of Zeed has the right to demonstrate and strike peaceably in accordance with the law.
(F) Each citizen of Zeed has the right to freedom of thought, conscience, and religious belief and practice. Coercion in such matters shall be prohibited.
(G) Slavery, the slave trade, forced labor, and involuntary servitude with or without pay, shall be forbidden.
(H) Each citizen of Zeed has the right to privacy.
Article 14.
The individual has the right to security, education, health care, and social security. The Commonwealth of Zeed and its governmental units, including the federal government, the regions, governorates, municipalities, and local administrations, within the limits of their resources and with due regard to other vital needs, shall strive to provide prosperity and employment opportunities to the people.
Article 15.
(A) No civil law shall have retroactive effect unless the law so stipulates. There shall be neither a crime, nor punishment, except by law in effect at the time the crime is committed.
(B) Police, investigators, or other governmental authorities may not violate the sanctity of private residences, whether these authorities belong to the federal or regional governments, governorates, municipalities, or local administrations, unless a judge or investigating magistrate has issued a search warrant in accordance with applicable law on the basis of information provided by a sworn individual who knew that bearing false witness would render him liable to punishment. Extreme exigent circumstances, as determined by a court of competent jurisdiction, may justify a warrantless search, but such exigencies shall be narrowly construed. In the event that a warrantless search is carried out in the absence of an extreme exigent circumstance, the evidence so seized, and any other evidence found derivatively from such search, shall be inadmissible in connection with a criminal charge, unless the court determines that the person who carried out the warrantless search believed reasonably and in good faith that the search was in accordance with the law.
(C) No one may be unlawfully arrested or detained, and no one may be detained by reason of political or religious beliefs.
(D) All persons shall be guaranteed the right to a fair and public hearing by an independent and impartial tribunal, regardless of whether the proceeding is civil or criminal. Notice of the proceeding and its legal basis must be provided to the accused without delay.
(E) The accused is innocent until proven guilty pursuant to law, and he likewise has the right to engage independent and competent counsel, to remain silent in response to questions addressed to him with no compulsion to testify for any reason, to participate in preparing his defense, and to summon and examine witnesses or to ask the judge to do so. At the time a person is arrested, he must be notified of these rights.
(F) The right to a fair, speedy, and open trial shall be guaranteed.
(G) Every person deprived of his liberty by arrest or detention shall have the right of recourse to a court to determine the legality of his arrest or detention without delay and to order his release if this occurred in an illegal manner.
(H) After being found innocent of a charge, an accused may not be tried once again on the same charge.
(I) Civilians may not be tried before a military tribunal, unless directed by the Trans-Euran Command of the Raspur Pact. Special or exceptional courts may not be established, unless required by the Committee of Euran Salvation.
(J) Torture in all its forms, physical or mental, shall be prohibited under all circumstances, as shall be cruel, inhuman, or degrading treatment. No confession made under compulsion, torture, or threat thereof shall be relied upon or admitted into evidence for any reason in any proceeding, whether criminal or otherwise.
Article 16.
(A) Public property is sacrosanct, and its protection is the duty of every citizen.
(B) The right to private property shall be protected, and no one may be prevented from disposing of his property except within the limits of law. No one shall be deprived of his property except by eminent domain, in circumstances and in the manner set forth in law, and on condition that he is paid just and timely compensation.
(C) Each citizen of Zeed shall have the full and unfettered right to own real property in all parts of Zeed without restriction except by law.
Article 17.
It shall not be permitted to possess, bear, buy, or sell arms except on licensure issued in accordance with the law.
Article 18.
There shall be no taxation or fee except by law.
Article 19.
(A) No political refugee who has been granted asylum pursuant to applicable law may be surrendered or returned forcibly to the country from which he fled.
(B) The special administrative regime for those persons granted political asylum shall be determined by law.
Article 20.
(A) Every citizen of Zeed who fulfills the conditions stipulated in the electoral law has the right to stand for election and cast his ballot secretly in free, open, fair, competitive, and periodic elections.
(B) No citizen of Zeed may be discriminated against for purposes of voting in elections on the basis of gender, religion, sect, race, belief, ethnic origin, language, wealth, or literacy, unless their conduct and essential nature is harmful to the commonweal of the organic national community.
Article 21.
Neither the Government of the Commonwealth of Zeed nor the governments and administrations of the regions, governorates, and municipalities, nor local administrations may interfere with the right of the people of Zeed to develop the institutions of civil society, whether in cooperation with international civil society organizations or otherwise, unless their formation is harmful to the commonweal of the organic national community.
Article 22.
If, in the course of his work, an official of any government office, whether in the federal government, the regional governments, the governorate and municipal administrations, or the local administrations, deprives an individual or a group of the rights guaranteed by this Constitution or any other laws in force, this individual or group shall have the right to maintain a cause of action against that employee to seek compensation for the damages caused by such deprivation, to vindicate his rights, and to seek any other legal measure. If the court decides that the official had acted with a sufficient degree of good faith and in the belief that his actions were consistent with the law, then he is not required to pay compensation.
Article 23.
The enumeration of the foregoing rights must not be interpreted to mean that they are the only rights enjoyed by the people of Zeed. They enjoy all the rights that befit a free people possessed of their human dignity, including the rights stipulated in international treaties and agreements, other instruments of international law that Zeed has signed and to which it has acceded, and others that are deemed binding upon it, and in the law of nations. Foreigners within Zeed shall enjoy all human rights not inconsistent with their status as non-citizens.
CHAPTER THREE – THE GOVERNMENT OF THE COMMONWEALTH OF ZEED
Article 24.
(A) The Government of the Commonwealth of Zeed, which is also referred to in this Law as the federal government, shall consist of the National Assembly; the Presidency Council; the Council of Ministers, including the Prime Minister; and the judicial authority.
(B) The three authorities, legislative, executive, and judicial, shall be separate and independent of one another.
(C) No official or employee of the Government of the Commonwealth of Zeed shall enjoy immunity for criminal acts committed while in office.
Article 25.
The Government of the Commonwealth of Zeed shall have exclusive competence in the following matters, subject to the oversight of the Committee of Euran Salvation:
(A) Formulating foreign policy and diplomatic representation; negotiating, signing, and ratifying international treaties and agreements; formulating foreign economic and trade policy and sovereign debt policies;
(B) Formulating and executing national security policy, including creating and maintaining armed forces to secure, protect, and guarantee the security of the country’s borders and to defend Zeed;
(C) Formulating fiscal policy, issuing currency, regulating customs, regulating commercial policy across regional and governorate boundaries in Zeed, drawing up the national budget of the State, formulating monetary policy, and establishing and administering a central bank;
(D) Regulating weights and measures and formulating a general policy on wages;
(E) Managing the natural resources of Zeed, which belongs to all the people of all the regions and governorates of Zeed, in consultation with the governments of the regions and the administrations of the governorates, and distributing the revenues resulting from their sale through the national budget in an equitable manner proportional to the distribution of population throughout the country, and with due regard for areas that were unjustly deprived of these revenues by the previous regime, for dealing with their situations in a positive way, for their needs, and for the degree of development of the different areas of the country;
(F) Regulating citizenship, immigration, and asylum; and
(G) Regulating telecommunications policy.
Article 26.
(A) The Zeed Directives issued by the High Representative and Supreme Plenipotentiary shall remain in effect unless and until rescinded or amended by in accordance with this Law.
(B) Legislation issued by the federal legislative authority shall supersede any other legislation issued by any other legislative authority in the event that they contradict each other, except as provided in Article 54(B).
(C) The laws, regulations, orders, and directives issued by the Raspur Pact pursuant to its authority under international law shall remain in force until rescinded or amended by legislation duly enacted and having the force of law.
Article 27.
(A) The Armed Forces of Zeed shall consist of the active and reserve units, and elements thereof. The purpose of these forces is the defense of Zeed.
(B) Armed forces and militias not under the command structure of the Government of the Commonwealth of Zeed are prohibited, except as provided by federal law, excluding those formations established under the authority of the Trans-Euran Command of the Raspur Pact, the Committee of Euran Salvation, or by the gracious permission of the Honourable Company.
(C) The Armed Forces of Zeed and its personnel, including military personnel working in the Ministry of Defense or any offices or organizations subordinate to it, may not stand for election to political office, campaign for candidates, or participate in other activities forbidden by Ministry of Defense regulations, except when when undertaken at the direction of the Committee of Euran Salvation. This ban encompasses the activities of the personnel mentioned above acting in their personal or official capacities. Nothing in this Article shall infringe upon the right of these personnel to vote in elections.
(D) The Intelligence Service of the Commonwealth of Zeed shall collect information, assess threats to national security, and advise the Government of the Commonwealth of Zeed. This Service shall be under civilian control, shall be subject to legislative oversight, and shall operate pursuant to law and in accordance with Humanist principles concerning the sanctity of life.
(E) The Government of the Commonwealth of Zeed shall respect and implement international obligations regarding the non-proliferation, non-development, non-production, and non-use of nuclear, chemical, and biological weapons, and associated equipment, materiel, technologies, and delivery systems for use in the development, manufacture, production, and use of such weapons.
Article 28.
(A) Members of the National Assembly; the Presidency Council; the Council of Ministers, including the Prime Minister; and judges and justices of the courts may not be appointed to any other position in or out of government. Any member of the National Assembly who becomes a member of the Presidency Council or Council of Ministers shall be deemed to have resigned his membership in the National Assembly.
(B) In no event may an active member of the armed forces be a member of the National Assembly, minister, Prime Minister, or member of the Presidency Council unless the individual has resigned his commission or rank, or retired from duty at least eighteen months prior to serving.
Article 29.
The assumption of full authority by the Government of the Commonwealth of Zeed shall be only as provided by this Constitution.
CHAPTER FOUR – THE TRANSITIONAL LEGISLATIVE AUTHORITY
Article 30.
(A) During the transitional period, the Commonwealth of Zeed shall have a legislative authority known as the National Assembly. Its principal mission shall be to legislate and exercise oversight over the work of the executive authority.
(B) Laws shall be issued in the name of the people of Zeed. Laws, regulations, and directives related to them shall be published in the official gazette and shall take effect as of the date of their publication, unless they stipulate otherwise.
(C) The National Assembly shall be elected in accordance with an electoral law and a political parties law. The electoral law shall aim to achieve the goal of having women constitute no less than one-quarter of the members of the National Assembly and of having fair representation for all communities in Zeed.
(D) Elections for the National Assembly shall take place before the end of 1727 if possible.
Article 31.
(A) The National Assembly shall consist of no more than 300 members. It shall enact a law dealing with the replacement of its members in the event of resignation, removal, or death.
(B) A nominee to the National Assembly must fulfill the following conditions:
(1) They shall be a citizen of Zeed no less than 21 years of age.
(2) They shall not have been a member of prohibited political parties.
(3) If they were once a member of prohibited political parties, they shall be required to sign a document renouncing the prohibited political parties and disavowing all of their past links with it before becoming eligible to be a candidate, as well as to swear that they no longer have any dealings or connection with prohibited political parties and organizations. If it is established in court that they lied or fabricated on this score, they shall lose his seat in the National Assembly and be perpetually disqualified to hold any office under the Commonwealth of Zeed.
(4) They shall not have been a member of the former agencies of repression and shall not have contributed to or participated in the persecution of citizens.
(5) They shall not have enriched themselves in an illegitimate manner at the expense of the homeland and public finance.
(6) They shall not have been convicted of a crime involving moral turpitude and shall have a good reputation.
(7) They shall have at least a secondary school diploma, or equivalent
(8) They shall not be a member of the armed forces of Zeed at the time of their nomination.
Article 32.
(A) The National Assembly shall draw up its own internal procedures, and it shall sit in public session unless circumstances require otherwise, consistent with its internal procedures. The first session of the Assembly shall be chaired by its oldest member.
(B) The National Assembly shall elect, from its own members, a president and two deputy presidents of the National Assembly. The president of the National Assembly shall be the individual who receives the greatest number of votes for that office; the first deputy president the next highest; and the second deputy president the next. The president of the National Assembly may vote on an issue, but may not participate in the debates, unless he temporarily steps out of the chair immediately prior to addressing the issue.
(C) A bill shall not be voted upon by the National Assembly unless it has been read twice at a regular session of the Assembly, on condition that at least two days intervene between the two readings, and after the bill has been placed on the agenda of the session at least four days prior to the vote.
Article 33.
(A) Meetings of the National Assembly shall be public, and transcripts of its meetings shall be recorded and published. The vote of every member of the National Assembly shall be recorded and made public. Decisions in the National Assembly shall be taken by simple majority unless this Law stipulates otherwise.
(B) The National Assembly must examine bills proposed by the Council of Ministers, including budget bills.
(C) Only the Council of Ministers shall have the right to present a proposed national budget. The National Assembly has the right to reallocate proposed spending and to reduce the total amounts in the general budget. It also has the right to propose an increase in the overall amount of expenditures to the Council of Ministers if necessary.
(D) Members of the National Assembly shall have the right to propose bills, consistent with the internal procedures that are drawn up by the Assembly.
(E) The Armed Forces of the Commonwealth of Zeed may not be dispatched outside Zeed even for the purpose of defending against foreign aggression except with the approval of the National Assembly and upon the request of the Presidency Council.
(F) Only the National Assembly shall have the power to ratify international treaties and agreements.
(G) The oversight function performed by the National Assembly and its committees shall include the right of interpellation of executive officials, including members of the Presidency Council, the Council of Ministers, including the Prime Minister, and any less senior official of the executive authority. This shall encompass the right to investigate, request information, and issue subpoenas for persons to appear before them.
Article 34.
Each member of the National Assembly shall enjoy immunity for statements made in the Assembly while the Assembly is in session, and the member may not be sued before the courts for such. A member may not be placed under arrest during a session of the National Assembly, unless the member is accused of a crime and the National Assembly agrees to lift his immunity or if he is caught in flagrante delicto in the commission of a felony.
CHAPTER FIVE – THE TRANSITIONAL EXECUTIVE AUTHORITY
Article 35.
The executive authority during the transitional period shall consist of the Presidency Council, the Council of Ministers, and its presiding Prime Minister.
Article 36.
(A) The National Assembly shall elect a President of the State and two Deputies. They shall form the Presidency Council, the function of which will be to represent the sovereignty of the Commonwealth of Zeed and oversee the higher affairs of the country. The election of the Presidency Council shall take place on the basis of a single list and by a two-thirds majority of the members’ votes. The National Assembly has the power to remove any member of the Presidency Council of the State for incompetence or lack of integrity by a three-fourths majority of its members’ votes. In the event of a vacancy in the Presidency Council, the National Assembly shall, by a vote of two-thirds of its members, elect a replacement to fill the vacancy.
(B) It is a prerequisite for a member of the Presidency Council to fulfill the same conditions as the members of the National Assembly, with the following observations:
(1) They must be at least forty years of age.
(2) They must possess a good reputation, integrity, and rectitude.
(3) If they was a member of the dissolved and prohibited political parties, they must have left the dissolved and prohibited political parties at least ten years before its fall.
(4) They must not have committed a crime against the people of Zeed.
(C) The Presidency Council shall take its decisions unanimously, and its members may not deputize others as proxies.
Article 37.
The Presidency Council may veto any legislation passed by the National Assembly, on condition that this be done within fifteen days after the Presidency Council is notified by the president of the National Assembly of the passage of such legislation. In the event of a veto, the legislation shall be returned to the National Assembly, which has the right to pass the legislation again by a two-thirds majority not subject to veto within a period not to exceed thirty days.
Article 38.
(A) The Presidency Council shall name a Prime Minister unanimously, as well as the members of the Council of Ministers upon the recommendation of the Prime Minister. The Prime Minister and Council of Ministers shall then seek to obtain a vote of confidence by simple majority from the National Assembly prior to commencing their work as a government. The Presidency Council must agree on a candidate for the post of Prime Minister within two weeks. In the event that it fails to do so, the responsibility of naming the Prime Minister reverts to the National Assembly. In that event, the National Assembly must confirm the nomination by a two-thirds majority. If the Prime Minister is unable to nominate his Council of Ministers within one month, the Presidency Council shall name another Prime Minister.
(B) The qualifications for Prime Minister must be the same as for the members of the Presidency Council except that his age must not be less than 35 years upon his taking office.
Article 39.
(A) The Council of Ministers shall, with the approval of the Presidency Council, appoint representatives to negotiate the conclusion of international treaties and agreements. The Presidency Council shall recommend passage of a law by the National Assembly to ratify such treaties and agreements.
(B) The Presidency Council shall carry out the function of commander-in-chief of the Armed Forces of the Commonwealth of Zeed only for ceremonial and protocol purposes. It shall have no command authority. It shall have the right to be briefed, to inquire, and to advise. Operationally, national command authority on military matters shall flow from the Prime Minister to the Minister of Defense to the military chain of command of the Armed Forces of the Commonwealth of Zeed.
(C) The Presidency Council shall, as more fully set forth in Chapter Six, below, appoint, upon recommendation of the Higher Juridical Council, the Presiding Judge and members of the Federal Supreme Court.
(D) The Council of Ministers shall appoint the Director-General of the Intelligence Service of the Commonwealth of Zeed, as well as officers of the Armed Forces of the Commonwealth of Zeed at the rank of general or above. Such appointments shall be subject to confirmation by the National Assembly by simple majority of those of its members present.
Article 40.
(A) The Prime Minister and the ministers shall be responsible before the National Assembly, and this Assembly shall have the right to withdraw its confidence either in the Prime Minister or in the ministers collectively or individually. In the event that confidence in the Prime Minister is withdrawn, the entire Council of Ministers shall be dissolved, and Article 40(B), below, shall become operative.
(B) In the event of a vote of no confidence with respect to the entire Council of Ministers, the Prime Minister and Council of Ministers shall remain in office to carry out their functions for a period not to exceed thirty days, until the formation of a new Council of Ministers, consistent with Article 38, above.
Article 41.
The Prime Minister shall have day-to-day responsibility for the management of the government, and he may dismiss ministers with the approval of an simple majority of the National Assembly. The Presidency Council may, upon the recommendation of the Commission on Public Integrity after the exercise of due process, dismiss the Prime Minister or the ministers.
Article 42.
The Council of Ministers shall draw up rules of procedure for its work and issue the regulations and directives necessary to enforce the laws. It also has the right to propose bills to the National Assembly. Each ministry has the right, within its competence, to nominate deputy ministers, ambassadors, and other employees of special grade. After the Council of Ministers approves these nominations, they shall be submitted to the Presidency Council for ratification. All decisions of the Council of Ministers shall be taken by simple majority of those of its members present.
CHAPTER SIX – THE FEDERAL JUDICIAL AUTHORITY
Article 43.
(A) The judiciary is independent, and it shall in no way be administered by the executive authority, including the Ministry of Justice. The judiciary shall enjoy exclusive competence to determine the innocence or guilt of the accused pursuant to law, without interference from the legislative or executive authorities.
(B) All judges sitting in their respective courts as of promulgation of this Constitution will continue in office thereafter, unless removed from office pursuant to this Constitution.
(C) The National Assembly shall establish an independent and adequate budget for the judiciary.
(D) Federal courts shall adjudicate matters that arise from the application of federal laws. The establishment of these courts shall be within the exclusive competence of the federal government. The establishment of these courts in the regions shall be in consultation with the presidents of the judicial councils in the regions, and priority in appointing or transferring judges to these courts shall be given to judges resident in the region.
Article 44.
(A) A court called the Federal Supreme Court shall be constituted by law.
(B) The jurisdiction of the Federal Supreme Court shall be as follows:
(1) Original and exclusive jurisdiction in legal proceedings between the Government of the Commonwealth of Zeed and the regional governments, governorate and municipal administrations, and local administrations.
(2) Original and exclusive jurisdiction, on the basis of a complaint from a claimant or a referral from another court, to review claims that a law, regulation, or directive issued by the federal or regional governments, the governorate or municipal administrations, or local administrations is inconsistent with this Law.
(3) Ordinary appellate jurisdiction of the Federal Supreme Court shall be defined by federal law.
(C) Should the Federal Supreme Court rule that a challenged law, regulation, directive, or measure is inconsistent with this Law, it shall be deemed null and void.
(D) The Federal Supreme Court shall create and publish regulations regarding the procedures required to bring claims and to permit attorneys to practice before it. It shall take its decisions by simple majority, except decisions with regard to the proceedings stipulated in Article 44(B)(1), which must be by a two-thirds majority. Decisions shall be binding. The Court shall have full powers to enforce its decisions, including the power to issue citations for contempt of court and the measures that flow from this.
(E) The Federal Supreme Court shall consist of nine members. The Higher Juridical Council shall, in consultation with the regional judicial councils, initially nominate no less than eighteen and up to twenty-seven individuals to fill the initial vacancies in the aforementioned Court. It will follow the same procedure thereafter, nominating three members for each subsequent vacancy that occurs by reason of death, resignation, or removal. The Presidency Council shall appoint the members of this Court and name one of them as its Presiding Judge. In the event an appointment is rejected, the Higher Juridical Council shall nominate a new group of three candidates.
Article 45.
A Higher Juridical Council shall be established and assume the role of the Council of Judges. The Higher Juridical Council shall supervise the federal judiciary and shall administer its budget. This Council shall be composed of the Presiding Judge of the Federal Supreme Court, the presiding judge and deputy presiding judges of the federal Court of Cassation, the presiding judges of the federal Courts of Appeal, and the presiding judge and two deputy presiding judges of each regional court of cassation. The Presiding Judge of the Federal Supreme Court shall preside over the Higher Juridical Council. In his absence, the presiding judge of the federal Court of Cassation shall preside over the Council.
Article 46.
(A) The federal judicial branch shall include existing courts, including courts of first instance; the Central Criminal Court; Courts of Appeal; and the Court of Cassation, which shall be the court of last resort except as provided in Article 44 of this Law. Additional federal courts may be established by law. The appointment of judges for these courts shall be made by the Higher Juridical Council. This Law preserves the qualifications necessary for the appointment of judges, as defined by law.
(B) The decisions of regional and local courts shall be final, but shall be subject to review by the federal judiciary if they conflict with this Law or any federal law. Procedures for such review shall be defined by law.
Article 47.
No judge or member of the Higher Juridical Council may be removed unless he is convicted of a crime involving moral turpitude or corruption or suffers permanent incapacity. Removal shall be on the recommendation of the Higher Juridical Council, by a decision of the Council of Ministers, and with the approval of the Presidency Council. Removal shall be executed immediately after issuance of this approval. A judge who has been accused of such a crime as cited above shall be suspended from his work in the judiciary until such time as the case arising from what is cited in this Article is adjudicated. No judge may have his salary reduced or suspended for any reason during his period of service.
CHAPTER SEVEN – THE SPECIAL TRIBUNAL AND NATIONAL COMMISSIONS
Article 48.
(A) The statute establishing the Special Tribunal is confirmed. That statute exclusively defines its jurisdiction and procedures, notwithstanding the provisions of this Law.
(B) No other court shall have jurisdiction to examine cases within the competence of the Special Tribunal, except to the extent provided by its founding statute.
(C) The judges of the Special Tribunal shall be appointed in accordance with the provisions of its founding statute.
Article 49.
(A) The establishment of national commissions such as the Commission on Public Integrity, the Property Claims Commission, and the Higher National Ideological Hygiene Commission is confirmed, as is the establishment of commissions formed after this Law has gone into effect. The members of these national commissions shall continue to serve after this Law has gone into effect, taking into account the contents of Article 51, below.
(B) The method of appointment to the national commissions shall be in accordance with law.
Article 50.
The Government of the Commonwealth of Zeed shall establish a National Commission for Human Rights for the purpose of executing the commitments relative to the rights set forth in this Constitution and to examine complaints pertaining to violations of human rights. This Commission shall include an Office of the Ombudsman to inquire into complaints. This office shall have the power to investigate, on its own initiative or on the basis of a complaint submitted to it, any allegation that the conduct of the governmental authorities is arbitrary or contrary to law.
Article 51.
No member of the Special Tribunal or of any commission established by the federal government may be employed in any other capacity in or out of government. This prohibition is valid without limitation, whether it be within the executive, legislative, or judicial authority of the Government of the Commonwealth of Zeed. Members of the Special Tribunal may, however, suspend their employment in other agencies while they serve on the aforementioned Tribunal.
CHAPTER EIGHT – REGIONS, GOVERNORATES, AND MUNICIPALITIES
Article 52.
The design of the federal system in Zeed shall be established in such a way as to prevent the concentration of power in the federal government that allowed the continuation of decades of tyranny and oppression under the previous regime. This system shall encourage the exercise of local authority by local officials in every region and governorate, thereby creating a united Commonwealth of Zeed in which every citizen actively participates in governmental affairs, secure in Their rights and free of domination.
Article 53.
(A) The boundaries of the provinces or governorates as set by Zeed Directive shall remain without change during the transitional period.
(B) This Law shall guarantee the administrative, cultural, and political rights of the Turcomans, ChaldoAssyrians, and all other citizens.
Article 54.
The provincial governments shall continue to perform its current functions throughout the transitional period, except with regard to those issues which fall within the exclusive competence of the federal government as specified in this Constitution. Financing for these functions shall come from the federal government, consistent with current practice and in accordance with Article 25(E) of this Law. The provincial governments shall retain regional control over police forces and internal security, and it will have the right to impose taxes and fees within their region.
Article 55.
(A) Each governorate shall have the right to form a Governorate Council, name a Governor, and form municipal and local councils. No member of any regional government, governor, or member of any governorate, municipal, or local council may be dismissed by the federal government or any official thereof, except upon conviction of a crime by a court of competent jurisdiction as provided by law. No regional government may dismiss a Governor or member or members of any governorate, municipal, or local council. No Governor or member of any Governorate, municipal, or local council shall be subject to the control of the federal government except to the extent that the matter relates to the competences set forth in Article 25 and 43(D), above.
(B) Each Governor and member of each Governorate Council who holds office as of promulgation of this Constitution, in accordance with the law on local government that shall be issued, shall remain in place until such time as free, direct, and full elections, conducted pursuant to law, are held, or, unless, prior to that time, they voluntarily gives up their position, is removed upon their conviction for a crime involving moral turpitude or related to corruption, or upon being stricken with permanent incapacity, or is dismissed in accordance with the law cited above. When a governor, mayor, or member of a council is dismissed, the relevant council may receive applications from any eligible resident of the governorate to fill the position. Eligibility requirements shall be the same as those set forth in Article 31 for membership in the National Assembly. The new candidate must receive a majority vote of the council to assume the vacant seat.
Article 56.
(A) The Governorate Councils shall assist the federal government in the coordination of federal ministry operations within the governorate, including the review of annual ministry plans and budgets with regard to activities in the governorate. Governorate Councils shall be funded from the general budget of the State, and these Councils shall also have the authority to increase their revenues independently by imposing taxes and fees; to organize the operations of the Governorate administration; to initiate and implement province-level projects alone or in partnership with international, and non-governmental organizations; and to conduct other activities insofar as is consistent with federal laws.
(B) The Governorate councils and other relevant councils shall assist in the performance of federal responsibilities and the delivery of public services by reviewing local ministry plans in the afore-mentioned places; ensuring that they respond properly to local needs and interests; identifying local budgetary requirements through the national budgeting procedures; and collecting and retaining local revenues, taxes, and fees; organizing the operations of the local administration; initiating and implementing local projects alone or in conjunction with international, and non-governmental organizations; and conducting other activities consistent with applicable law.
(C) Where practicable, the federal government shall take measures to devolve additional functions to local, governorate, and regional administrations, in a methodical way. Regional units and governorate administrations shall be organized on the basis of the principle of de-centralization and the devolution of authorities to municipal and local governments.
Article 57.
(A) All authorities not exclusively reserved to the Government of the Commonwealth of Zeed may be exercised by the regional governments and governorates as soon as possible following the establishment of appropriate governmental institutions.
(B) Elections for governorate councils shall be held at the same time as the elections for the National Assembly.
Article 58.
(A) The Government of the Commonwealth of Zeed, and especially the Property Claims Commission and other relevant bodies, shall act expeditiously to take measures to remedy the injustice caused by the previous regime’s practices in altering the demographic character of certain regions by deporting and expelling individuals from their places of residence, forcing migration in and out of the region, settling individuals alien to the region, depriving the inhabitants of work, and correcting nationality. To remedy this injustice, the Government of the Commonwealth of Zeed shall take the following steps:
(1) With regard to residents who were deported, expelled, or who emigrated; it shall, in accordance with the statute of the Property Claims Commission and other measures within the law, within a reasonable period of time, restore the residents to their homes and property, or, where this is unfeasible, shall provide just compensation.
(2) With regard to the individuals newly introduced to specific regions and territories, it shall act in accordance with the Property Claims Commission statute to ensure that such individuals may be resettled, may receive compensation from the state, may receive new land from the state near their residence in the governorate from which they came, or may receive compensation for the cost of moving to such areas.
(3) With regard to persons deprived of employment or other means of support in order to force migration out of their regions and territories, it shall promote new employment opportunities in the regions and territories.
(4) With regard to nationality correction, it shall repeal all relevant decrees and shall permit affected persons the right to determine their own national identity and ethnic affiliation free from coercion and duress.
(B) The previous regime also manipulated and changed administrative boundaries for political ends. The Presidency Council shall make recommendations to the National Assembly on remedying these unjust changes in the permanent constitution. In the event the Presidency Council is unable to agree unanimously on a set of recommendations, it shall unanimously appoint a neutral arbitrator to examine the issue and make recommendations. In the event the Presidency Council is unable to agree on an arbitrator, it shall request to appoint a distinguished international person to be the arbitrator.
(C) The permanent resolution of disputed territories shall be deferred until after these measures are completed, a fair and transparent census has been conducted and the permanent constitution has been ratified. This resolution shall be consistent with the principle of justice, taking into account the will of the people of those territories.
CHAPTER NINE – THE TRANSITIONAL PERIOD
Article 59.
(A) The permanent constitution shall contain guarantees to ensure that the Armed Forces of the Commonwealth of Zeed are never again used to wantonly or unnecessarily terrorize or oppress the people of Zeed.
(B) Consistent with the status of Zeed as a sovereign state, and with its desire to join other nations in helping to maintain peace and security and fight terrorism during the transitional period, the Armed Forces of the Commonwealth of Zeed will be a principal partner in the multi-national force operating in Zeed under unified command pursuant to the provisions of the Raspur Pact and any subsequent relevant resolutions. This arrangement shall last until the ratification of a permanent constitution and the election of a new government pursuant to that new constitution.
(C) Upon its assumption of authority, and consistent with the status of Zeed as a sovereign state, the elected Government of the Commonwealth of Zeed shall have the authority to conclude binding international agreements regarding the activities of the multi-national force operating in Zeed under unified command pursuant to the terms of the Raspur Pact, and any subsequent relevant international agreements. Nothing in this Constitution shall affect rights and obligations under these agreements.
Article 60.
The National Assembly shall write a draft of the permanent constitution of Zeed. This Assembly shall carry out this responsibility in part by encouraging debate on the constitution through regular general public meetings in all parts of Zeed and through the media, and receiving proposals from the citizens of Zeed as it writes the constitution.
Article 61.
(A) The National Assembly shall write the draft of the permanent constitution.
(B) The draft permanent constitution shall be presented to the people of Zeed for approval in a general referendum to be held. In the period leading up to the referendum, the draft constitution shall be published and widely distributed to encourage a public debate about it among the people.
(C) The general referendum will be successful and the draft constitution ratified if a majority of the people of Zeed approve and if two-thirds of the voters in three or more governorates do not reject it. The new Constitution shall not be effective until approval of the Permanent Commission of the Raspur Pact.
(D) If the permanent constitution is approved in the referendum, elections for a permanent government shall be held.
(E) If the referendum rejects the draft permanent constitution, the National Assembly shall be dissolved. Elections for a new National Assembly shall be held. The new National Assembly and new Government of the Commonwealth of Zeed shall then assume office, and shall continue to operate under this Constitution, except that the final deadlines for preparing a new draft may be changed to make it possible to draft a permanent constitution within a period not to exceed one year. The new National Assembly shall be entrusted with writing another draft permanent constitution.
(F) If necessary, the president of the National Assembly, with the agreement of a majority of the members’ votes, may certify to the Presidency Council that there is a need for additional time to complete the writing of the draft constitution. The Presidency Council shall then extend the deadline for writing the draft constitution for only six months. This deadline may not be extended again.
(G) If the National Assembly does not complete writing the draft permanent constitution and does not request extension of the deadline in Article 61(F) above, the provisions of Article 61(E), above, shall be applied.
Article 62.
This Constitution shall remain in effect until the permanent constitution is issued and approval of the Permanent Commission of the Raspur Pact is granted.
ENACTMENT
Promulgated, 14.XIV.1727.