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| The '''{{PAGENAME}}''' was adopted by the people of [[Sanama]] in a referendum on 24.VI.1679. | | The '''{{PAGENAME}}''' was adopted by the people of [[Sanama]] in a referendum on 24.VI.1679. It was superseded by the new constitution on 1.I.1687. |
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| ==Outline== | | ==Outline== |
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| *Draft of provincial borders (Highpass territory marked in grey): | | *Draft of provincial borders (Highpass territory marked in grey): |
| [[File:Fsa_provinces.png]] | | [[File:Fsa_provinces.png]] |
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| ==Federal Constitution of Sanama==
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| ===Preamble===
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| On 14.IV.1679 forces within the military regime with support from our friends and reflecting the deepest feelings of the Sanaman people by overthrowing the fascist regime.
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| Freeing Sanama from dictatorship and oppression represented a crucial step in the continued success of the Sanaman peoples and the Sanaman state that began in 1671 with independence from the yoke of colonialism.
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| The revolution restored fundamental rights and freedoms to the peoples of Sanama. In the exercise of those rights and freedoms, the people's legitimate representatives are gathered to draw up a Federal Constitution that matches the country's aspirations.
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| The interim government affirms the Sanaman peoples' decision to defend national independence, guarantee citizens' fundamental rights, establish the basic principles of democracy, ensure the primacy of a democratic state based on the rule of law and open up a path towards a just society, with respect for the will of the Sanaman peoples and with a view to the construction of a country that is freer, more just and more fraternal.
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| After the outline for a constitution was approved by the electorate in 24.VI.1679, the interim government hereby proclaims and ordains the following Federal Constitution of Sanama:
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| ===TITLE I. Fundamental rights===
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| '''Article . Human dignity'''
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| Human dignity must be respected and protected.
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| '''Article . Equality before the law'''
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| Every person is equal before the law. No person may be discriminated against, in particular on grounds of origin, race, gender, gender identity, sexual orientation, age, language, social position, way of life, religious, ideological, or political convictions, or because of a physical, mental or psychological disability.
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| '''Article . Gender equality'''
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| Men and women have equal rights. The law shall ensure their equality, both in law and in practice. Men and women have the right to equal pay for work of equal value.
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| '''Article . Non-arbitrary state action'''
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| Every person has the right to be treated by state authorities in good faith and in a non-arbitrary manner.
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| '''Article . Proportionality of criminal penalties'''
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| Every person has the right to life. The death penalty is prohibited. Criminal penalties shall be proportional to the severity of the crime committed, and be aimed towards rehabilitation and the protection of society.
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| '''Article . Personal liberty'''
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| Every person has the right to personal liberty and in particular to physical and mental integrity and to freedom of movement.
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| '''Article . Prohibition against torture'''
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| Torture and any other form of cruel, inhuman or degrading treatment or punishment are prohibited.
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| '''Article . Right to privacy'''
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| Every person has the right to privacy in their private and family life and in their home, and in relation to their mail and telecommunications. Every person has the right to be protected against the misuse of their personal data.
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| '''Article . Freedom of religion and conscience'''
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| Freedom of religion and conscience is guaranteed. Every person has the right to choose freely their religion or their philosophical convictions, and to profess them alone or in community with others. Every person has the right to join or to belong to a religious community, and to follow religious teachings. No person may be forced to join or belong to a religious community, to participate in a religious act, or to follow religious teachings.
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| '''Article . Freedom of expression and information'''
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| Freedom of expression and of information is guaranteed. Every person has the right freely to form, express, and impart their opinions. Every person has the right freely to receive information to gather it from generally accessible sources and to disseminate it.
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| '''Article . Freedom of the media'''
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| Freedom of the press, radio and television and of other forms of dissemination of features and information by means of public telecommunications is guaranteed. Censorship is prohibited. The protection of sources is guaranteed.
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| '''Article . Freedom of language'''
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| The freedom to use any language is guaranteed.
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| '''Article . Right to education'''
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| The right to an adequate and free basic education is guaranteed.
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| '''Article . Freedom of assembly'''
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| Freedom of assembly is guaranteed. Every person has the right to organise meetings and to participate or not to participate in meetings.
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| '''Article . Freedom of association'''
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| Freedom of association is guaranteed. Every person has the right to form, join or belong to an association and to participate in the activities of an association. No person may be compelled to join or to belong to an association.
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| '''Article . Freedom of movement'''
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| Sanaman citizens have the right to establish their domicile anywhere in the country. They have the right to leave or to enter Sanama.
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| '''Article . Freedom from exile and extradition'''
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| Sanaman citizens may not be expelled from Sanama and may only be extradited to a foreign authority with their consent. Refugees may not be deported or extradited to a state in which they will be persecuted. No person may be deported to a state in which they face the threat of torture, the death penalty, or any other form of cruel or inhumane treatment or punishment.
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| '''Article . Right to own private property'''
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| The right to own private property is guaranteed.
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| '''Article . Economic freedom'''
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| Economic freedom is guaranteed. Economic freedom includes in particular the freedom to choose an occupation as well as the freedom to pursue a private economic activity.
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| '''Article . Rights of employers and employees'''
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| Employees, employers and their organisations have the right to join together in order to protect their interests, to form associations and to join or not to join such associations. Disputes must wherever possible be resolved through negotiation or mediation. Strikes and lock outs are permitted if they relate to employment relations and if they do not contravene any requirements to preserve peaceful employment relations or to conduct conciliation proceedings.
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| '''Article . Equality in judicial and administrative proceedings'''
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| Every person has the right to equal and fair treatment in judicial and administrative proceedings and to have their case decided within a reasonable time. Each party to a case has the right to be heard. Any person who does not have sufficient means has the right to free legal advice and assistance. If it is necessary in order to safeguard their rights, they also have the right to free legal representation in court. In a legal dispute, every person has the right to have their case determined by a judicial authority.
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| '''Article . Right to impartial court'''
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| Any person whose case falls to be judicially decided has the right to have their case heard by a legally constituted, competent, independent and impartial court. Ad hoc courts are prohibited.
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| '''Article . Public court proceedings'''
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| Unless the law provides otherwise, court hearings and the delivery of judgments shall be in public.
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| '''Article . Freedom from arbitrary detention'''
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| No person may be deprived of their liberty other than in the circumstances and in the manner provided for by the law. Any person deprived of their liberty has the right to be notified without delay and in a language they can understand of the reasons for their detention and of their rights. They must be given the opportunity to exercise their rights, in particular, the right to have their next-of-kin informed.
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| '''Article . Right to recourse to court'''
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| Any person who has been deprived of their liberty by a body other than a court has the right to have recourse to a court at any time. The court shall decide as quickly as possible on the legality of their detention.
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| '''Article . Presumption of innocence'''
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| Every person is presumed innocent until they have been found guilty by a legally enforceable judgment. Every accused person has the right to be notified as quickly and comprehensively as possible of the charge brought against them. They must be given the opportunity to assert their rights to a proper defence. Every convicted person has the right to have their conviction reviewed by a higher court, with the exception of cases in which the Federal Supreme Court sits at first instance.
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| '''Article . Right to petition'''
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| Every person has the right, without prejudice, to petition the authorities. The authorities must acknowledge receipt of such petitions.
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| '''Article . Duty to uphold fundamental rights'''
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| Fundamental rights must be upheld throughout the legal system. Whoever acts on behalf of the state is bound by fundamental rights and is under a duty to contribute to their implementation. The authorities shall ensure that fundamental rights, where appropriate, apply to relationships among private persons.
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| '''Article . Restrictions on fundamental rights'''
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| Restrictions on fundamental rights must have a legal basis. Significant restrictions must have their basis in a federal act. The foregoing does not apply in cases of serious and immediate danger where no other course of action is possible. Restrictions on fundamental rights must be justified in the public interest or for the protection of the fundamental rights of others. Any restrictions on fundamental rights must be proportionate. The essence of fundamental rights is not to be violated.
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| '''Article . Citizenship'''
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| Any person who is a citizen of Sanama is also a citizen of the province, canton and local authority where they reside.
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| '''Article . Citizenship law'''
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| The Federation shall regulate the acquisition, deprivation and restoration of Sanaman citizenship.
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| '''Article . Legislation on political rights'''
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| The Federation shall regulate the exercise of political rights in federal matters, and the provinces shall regulate their exercise in cantonal and local matters. Political rights are exercised in the local authority in which a citizen resides, although the Federation and the provinces may provide for exceptions. No person may exercise their political rights contemporaneously in more than one province.
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| '''Article . Rights of Sanamans abroad'''
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| The Federation shall legislate on the rights and obligations of the Swiss abroad, in particular in relation to the exercise of political rights in the Federation, the fulfilment of the obligation to perform military or alternative service, welfare support and social security.
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| ===TITLE II. The federation and the provinces===
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| '''Article . Constitutional principles'''
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| The Democratic Federation of Sanama is a democratic and social federal state. All state authority is derived from the people. It shall be exercised by the people through elections and other votes and through specific legislative, executive and judicial bodies. The legislature shall be bound by the constitutional order, the executive and the judiciary by law and justice.
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| '''Article . Right to resistance'''
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| All Sanamans shall have the right to resist any person seeking to abolish this constitutional order if no other remedy is available.
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| '''Article . Political parties'''
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| Political parties shall participate in the formation of the political will of the people. They may be freely established. Their internal organisation must conform to democratic principles. They must publicly account for their assets and for the sources and use of their funds.
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| Parties that, by reason of their aims or the behaviour of their adherents, seek to undermine or abolish the free democratic basic order or to endanger the existence of the Democratic Federation of Sanama shall be unconstitutional. The Supreme Court shall rule on the question of unconstitutionality.
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| Details shall be regulated by federal laws.
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| '''Article . Federal capital and flag'''
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| Sanama City is the capital of the Democratic Federation of Sanama.
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| The federal flag shall be yellow, green, red and black.
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| '''Article . Transfer of sovereign powers'''
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| The Federation may, by law, transfer sovereign powers to international organisations.
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| With a view to maintaining peace, the Federation may enter into a system of mutual collective security; in doing so it shall consent to such limitations upon its sovereign powers as will bring about and secure a lasting peace in Benacia and among the nations of the world.
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| '''Article . Production of weapons'''
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| Weapons designed for warfare may be manufactured, transported or marketed only with the permission of the Federal Government. Details shall be regulated by a federal law.
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| '''Article . Provincial constitutions'''
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| The constitutional order in the provinces must conform to the principles of a republican, democratic and social state governed by the rule of law within the meaning of this Constitution. In each province, canton and municipality the people shall be represented by a body chosen in general, direct, free, equal and secret elections. In province and municipal elections, persons who possess the citizenship
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| of any member state of the South Benacian Community are also eligible to vote and to be elected. In municipalities a local assembly may take the place of an elected body.
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| Municipalities must be guaranteed the right to regulate all local affairs on their own responsibility within the limits prescribed by the laws. Within the limits of their functions designated by a law, associations of municipalities shall also have the right of self-government in accordance with the laws. The guarantee of self-government shall extend to the bases of financial autonomy; these bases shall include the right of municipalities to a source of tax revenues based upon economic ability and the right to establish the rates at which these sources shall be taxed.
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| The Federation shall guarantee that the constitutional order of the provinces conforms to the basic rights and to the provisions of the first and second paragraphs of this Article.
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| '''Article . Change in the delimitation of federal territory'''
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| The border between provinces, or the creation of a new province from existing provinces, may be changed or affected only through decision by the government of the provinces involved, and the consent of a majority of electors voting in the concerned provinces in referendum.
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| The addition of new provinces must be approved by a two-thirds majority of existing provinces.
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| Territory not within any province shall be organised as a federal territory by the federal government. The federal government holds ultimate authority over all matters concerning a federal territory.
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| '''Article . Sovereign powers of the provinces'''
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| Except as otherwise provided or permitted by this Constitution, the exercise of state powers and the discharge of state functions is a matter for the provinces.
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| '''Article . Supremacy of federal law'''
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| Federal law shall take precedence over provincial law.
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| '''Article . Foreign relations'''
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| Relations with foreign states shall be conducted by the Federation. Before the conclusion of a treaty affecting the special circumstances of a province, that province shall be consulted in a timely fashion.
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| '''Article . Equal citizenship'''
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| Every Sanaman shall have in every province the same political rights and duties.
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| '''Article . Legal and administrative assistance'''
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| All federal and provincial authorities shall render legal and administrative assistance to one another.
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| In order to maintain or restore public security or order, a province in particularly serious cases may call upon personnel and facilities of the federal government to assist its police when without such assistance the police could not fulfill their responsibilities, or could do so only with great difficulty. In order to respond to a grave accident or a natural disaster, a province may call for the assistance of police forces of other province or of personnel and facilities of other administrative authorities, of the Armed Forces or of the federal police.
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| '''Article . Federal execution'''
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| If a province fails to comply with its obligations under this Constitution or other federal laws, the Federal Government, with the consent of the Federal Congress, may take the necessary steps to compel the province to comply with its duties.
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| For the purpose of implementing such coercive measures, the Federal Government or its representative shall have the right to issue instructions to all provinces and their authorities.
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| ===TITLE III. National Council===
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| '''Article . Elections'''
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| Members of the National Council shall be elected in general, direct, free, equal and secret elections. They shall be representatives of the whole people, not bound by orders or instructions and responsible only to their conscience.
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| Any person who has attained the age of eighteen shall be entitled to vote; any person who has attained the age of majority may be elected.
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| Details shall be regulated by a federal law.
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| '''Article . Electoral term'''
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| Save the following provisions, the National Council shall be elected for three years. Its term shall end when a new National Council convenes. If the National Council is dissolved, new elections shall be held within sixty days. The National Council elected after a midterm dissolution serves the remainder of the regular term. The National Council shall not be dissolved within six months after an election and within six months before an election.
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| The National Council shall convene no later than the thirtieth day after the elections.
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| The National Council shall determine when its sessions shall be adjourned and resumed. The Speaker of the National Council may convene it at an earlier date. He shall be obliged to do so if one third of the Members or the President so demand.
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| '''Article . Presidency'''
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| The National Council shall elect its Speaker, Deputy Speakers and secretaries. It shall adopt rules of procedure.
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| The Speaker shall exercise proprietary and police powers in the National Council building. No search or seizure may take place on the premises of the National Council without his permission.
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| '''Article . Scrutiny of elections'''
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| Scrutiny of elections shall be the responsibility of the National Council. It shall also decide whether a Member has lost his seat.
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| Complaints against such decisions of the National Council may be lodged with the Supreme Court.
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| Details shall be regulated by a federal law.
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| '''Article . Public sittings and majority decisions'''
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| Sittings of the National Council shall be public. On the motion of one tenth of its Members, or on the motion of the Federal Government, a decision to exclude the public may be taken by a two-thirds majority. The motion shall be voted upon at a sitting not open to the public.
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| Decisions of the National Council shall require a majority of the votes cast unless this Constitution otherwise provides. The rules of procedure may permit exceptions with respect to elections to be conducted by the National Council.
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| Truthful reports of public sittings of the National Council and of its committees shall not give rise to any liability.
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| '''Article . Plenary rights'''
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| The National Council and its committees may require the presence of any member of the Federal Government.
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| The members of the National Council and of the Federal Government as well as their representatives may attend all sittings of the National Council and meetings of its committees. They shall have the right to be heard at any time.
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| '''Article . Committees of inquiry'''
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| The National Council shall have the right, and on the motion of one quarter of its Members the duty, to establish a committee of inquiry, which shall take the requisite evidence at public hearings. The public may be excluded.
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| The rules of criminal procedure shall apply to the taking of evidence. The privacy of correspondence, posts and telecommunications shall not be affected.
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| Courts and administrative authorities shall be required to provide legal and administrative assistance.
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| The decisions of committees of inquiry shall not be subject to judicial review. The courts shall be free to evaluate and rule upon the facts that were the subject of the investigation.
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| '''Article . Immunities of members'''
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| At no time may a Member be subjected to court proceedings or disciplinary action or otherwise called to account outside the National Council for a vote cast or a remark made by them in the National Council or in any of its committees. This provision shall not apply to defamatory insults.
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| A Member may not be called to account or arrested for a punishable offence without permission of the National Council unless he is apprehended while committing the offence or in the course of the following day.
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| The permission of the National Assembly shall also be required for any other restriction of a Member’s freedom of the person.
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| '''Article . Right of refusal to give evidence'''
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| Members may refuse to give evidence concerning persons who have confided information to them in their capacity as Members of the National Council or to whom they have confided information in this capacity and to give evidence concerning this information itself. To the extent that this right of refusal to give evidence applies, no seizure of documents shall be permissible.
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| '''Article . Candidature'''
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| Every candidate for election to the National Council shall be entitled to the leave necessary for his election campaign.
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| No one may be prevented from accepting or exercising the office of Member of the National Council. No one may be given notice of dismissal or discharged from employment on this ground.
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| Members shall be entitled to remuneration adequate to ensure their independence. They shall be entitled to the free use of all publicly owned means of transport. Details shall be regulated by a federal law.
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| ===TITLE IV. Senate===
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| '''Article . Functions'''
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| The Senate shall participate in the federal legislative process together with the National Council. The Senate shall also perform the other duties assigned to it by this Constitution and other federal laws.
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| '''Article . Elections'''
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| Five members of the Senate from each province shall be elected in general, direct, free, equal and secret elections. They shall be representatives of the people of the province, not bound by orders or instructions and responsible only to their conscience.
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| Any person who has attained the age of eighteen shall be entitled to vote; any person who has attained the age of majority may be elected.
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| Details shall be regulated by a federal law.
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| '''Article . Composition'''
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| The Senate shall consist of five members elected from each province in the manner described in Article X, and four members elected by the legislature of each province. Two members shall be elected by the representative body in each territory.
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| '''Article . Electoral term'''
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| The Senate shall be elected for six years. Its term shall end when a new Senate convenes.
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| The Senate shall convene no later than the thirtieth day after the elections.
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| The Senate shall determine when its sessions shall be adjourned and resumed. The President of the Senate may convene it at an earlier date. He shall be obliged to do so if one third of the Members or the President so demand.
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| '''Article . Direction of government representatives'''
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| The provincial governments shall issue general directions to its members in the Senate. The governments shall not issue directions to directly elected members of the Senate.
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| {{Template:Sanama nav}} | | {{Template:Sanama nav}} |
| [[Category:Sanama]] | | [[Category:Sanama]] |
| [[Category:Constitutions]] | | [[Category:Constitutions]] |
