Constitution of Sanama (1687)

The Constitution of Sanama (1687) is the third constitution of Sanama and marks the beginning of the Fourth Republic. It was passed by the people in a referendum on 12.X.1686 and entered into force on 1.I.1687. The constitution transformed Sanama from a federation to a unitary state, divided into provinces, together with three autonomous countries, Cisamarra, Highpass and Thanatos, their autonomy guaranteed by the constitution. The constitution also saw the Senate abolished. The new basic law did not change the role and powers of the president and the Council of State.

TITLE I. FUNDAMENTAL RIGHTS

Article 1. Human dignity

Human dignity must be respected and protected.

Article 2. Equality before the law

Every person is equal before the law. Discrimination is prohibited, in particular discrimination based on language, way of life, religious, ideological, or political convictions, origin, race, gender, age, social position, or because of a physical or mental disability.

Article 3. Gender equality

Men and women have equal rights. Their equality shall be guaranteed, both in law and in practice. Men and women have the right to equal pay for equal work.

Article 4. Due process

Every person has the right to be treated by state authorities in good faith and with respect to due process of law.

Article 5. Proportionality of criminal penalties

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.

Article 6. Personal liberty

Every person has the right to personal liberty, physical and mental integrity and to freedom of movement.

Article 7. Prohibition against torture

Torture and any other form of cruel, inhuman or degrading treatment or punishment are prohibited.

Article 8. Right to privacy

Every person has the right to privacy in their private life, and in relation to their mail and telecommunications. Every person has the right to be protected against the misuse of their personal data.

Article 9. Freedom of religion and conscience

Freedom of religion, way of life and conscience is guaranteed. Every person has the right to choose freely their religion or their philosophical convictions. Every person has the right to join or to belong to a religious community, and to follow religious teachings. No person shall be forced to join or belong to a religious community, to participate in a religious act, or to follow religious teachings. Nothing in this article shall be construed to limit the right of the National Judex to enforce conformity of religious institutions with the values of personal integrity and the principles of a tolerant and free society.

Article 10. Freedom of expression and information

Freedom of expression and of information is guaranteed.

Article 11. Freedom of the media

Freedom of the press, internet, radio, and television is guaranteed. Censorship is prohibited. The protection of sources is guaranteed.

Article 12. Freedom of language

The freedom to use any language is guaranteed.

Article 13. Right to education

The right to an adequate and free basic education is guaranteed.

Article 14. Freedom of assembly

Freedom of assembly is guaranteed. Every person has the right to organise meetings and to participate or not to participate in meetings.

Article 15. Freedom of association

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.

Article 16. Freedom of movement

Sanaman citizens have the right to live anywhere in the country. They have the right to leave and to enter Sanama. The autonomous countries may regulate the right to acquire real estate.

Article 17. Freedom from exile and extradition

Sanaman citizens may not be expelled from Sanama and may only be extradited to a foreign authority with their consent, unless otherwise provided for in a bilateral treaty with the foreign authority. No citizen 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.

Article 18. Right to own private property

The right to own private property is guaranteed.

Article 19. Economic freedom

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.

Article 20. Rights of employers and employees

The right of employees, employers and their organisations to join together to protect their interests is guaranteed. Strikes and lockouts are permitted.

Article 21. Equality in judicial and administrative proceedings

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, assistance and representation. In a legal dispute, every person has the right to have their case determined by a judicial authority. Nothing in this article shall be construed to prohibit or diminish the powers and role of the ffaman sawa system.

Article 22. Right to impartial court

Any person who comes before a judicial panel has the right to have their case heard by a legally constituted, competent, independent and impartial court.

Article 23. Public court proceedings

Unless the law provides otherwise, court hearings and the delivery of judgments shall be public.

Article 24. Freedom from arbitrary detention

No person may be deprived of their liberty except as provided for by 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.

Article 25. Habeas corpus

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.

Article 26. Presumption of innocence

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 National Judex sits at first instance.

Article 27. Right to petition

Every person has the right to petition the authorities.

Article 28. Restrictions on fundamental rights

Restrictions on fundamental rights must have a legal basis. Significant restrictions must have their basis in an act of law.

Article 29. Citizenship

Any person who is a citizen of Sanama is also a citizen of the regional and local government authorities where they reside. Any person who is a citizen of Sanama who resides in an autonomous country is also a citizen of that country.

Article 30. Citizenship law

The Llusan shall regulate the acquisition, deprivation and restoration of Sanaman citizenship.

TITLE II. THE STATE

Article 31. Character

Sanama is a unitary, democratic and free republic. The territory consists of the regions in Amarra and Sanilla, the regions of Thanidor and So Sara, the autonomous countries of Cisamarra, Highpass and Thanatos, the territory of Shimmerspring, the territory of the National Capital District, the Sanaman Antarctic Territory and the territory of Sanaman Cibola.

Article 32. Capital

The capital of the state is Sanama City in the National Capital District.

Article 33. Symbols

The symbols of the state shall be established by law.

Article 34. Languages

Sanaman is the national official language.

Istvanistani is an administrative official language.

Cisamarrese, Passikaans and Yardistani are regional recognised languages.

Ashkenatzan, Babkhi, Estarisan, Laqi, Praeta and Tellian are recognised minority languages.

Rights and responsibilities related to languages shall be regulated in law.

TITLE III. LEGISLATIVE POWER

Article 35. Legislative power

The legislative power of Sanama is vested in the Llusan.

Article 36. The Llusan

The Llusan is the national legislature of Sanama and consists of 639 members, elected in constituencies and representing all Sanamans.

Article 37. Llusan election

The Llusan shall be elected in general, direct, free, secret and equal elections for three years. Its term shall end when a new Llusan convenes. If the Llusan is dissolved, new elections shall be held within sixty days. The Llusan elected after a midterm dissolution serves the remainder of the regular term. The Llusan shall not be dissolved within six months after an election and within six months before an election. Any person who has attained the age of eighteen shall be entitled to vote and to stand for election.

The Llusan shall convene no later than the thirtieth day after the elections.

Article 38. Llusan sessions

The Llusan shall determine when its sessions shall be adjourned and resumed. The Speaker of the Llusan 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.

Article 39. Llusan Speakership

The Llusan shall elect its Speaker, Deputy Speakers and secretaries. It shall adopt rules of procedure.

The Speaker shall exercise proprietary and police powers in the Llusan building. No search or seizure may take place on the premises of the Llusan without his permission.

The Sergeant-At-Arms shall have police powers in the Llusan building on behalf of the Speaker.

Article 40. Scrutiny of elections

Scrutiny of elections shall be the responsibility of the Llusan. It shall also decide whether a Member has lost his seat.

Complaints against such decisions of the Llusan may be lodged with the National Judex.

Article 41. Public sittings and majority decisions

Sittings of the Llusan shall be public. On the motion of one tenth of its Members, or on the motion of the Council of State, 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.

Decisions of the Llusan 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 Llusan.

Article 42. Plenary rights

The Llusan and its committees may require the presence of any member of the Council of State.

The members of the Llusan and of the Council of State as well as their representatives may attend all sittings of the Llusan and meetings of its committees. They shall have the right to be heard at any time.

Article 43. Committees of inquiry

The Llusan 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.

The rules of criminal procedure shall apply to the taking of evidence. The privacy of correspondence, post and telecommunications shall not be affected.

Courts and administrative authorities shall be required to provide legal and administrative assistance.

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.

Article 44. Immunities of members

At no time may a Member be subjected to court proceedings or disciplinary action or otherwise called to account outside the Llusan for a vote cast or a remark made by them in the Llusan or in any of its committees. This provision shall not apply to defamatory insults.

A Member may not be called to account or arrested for a punishable offence without permission of the Llusan unless he is apprehended while committing the offence or in the course of the following day.

TITLE IV. LEGISLATIVE PROCESS

Article 45. Principle of subsidiarity

Political and administrative decisions should insofar as possible be made at the lowest possible level in the national government.

Article 46. Devolution

The national government shall delegate enumerated legislative powers to the autonomous countries. The powers thus delegated may not be diminished without the consent of the autonomous country in question. Autonomous legislation take presedence over national legislation within the enumerated powers. National legislation take presedence over autonomous legislation in all other matters. The Council of State shall consult with the autonomous governments before proposing bills that concern the entire nation.

The autonomous governments shall make criminal and civil law within their competences, and the national government within all other areas of legislation.

Article 47. Bills

Bills may be introduced in the Llusan by the Council of State, by the President, or by any member of the Llusan.

A bill requires a majority vote in favour to pass. A bill only concerning the territory directly under the jurisdiction of the national government also require a majority vote in favour from those Members of the Llusan elected from that territory.

The Llusan shall provide for further rules on the passage of bills and resolutions in its standing orders and in law.

Article 48. Legislation sent to the President

All bills and resolutions passed by the Llusan shall be presented to the President for their signature. All bills passed by the autonomous governments shall be promulgated by the chief executive of that government on behalf of the President, and forwarded to the President for information. The President shall request that the National Judex review any autonomous act of law the President may suspect to violate this constitution or the instrument of autonomy of the country in question.

TITLE V. THE PRESIDENT

Article 49. Election

The President shall be elected in general, direct, free, equal and secret elections. The presidential election shall take place at the same time as the Llusan election that year.

Any person who has attained the age of eighteen shall be entitled to vote; any person who has attained the age of thirty-five years may be elected.

The person receiving the votes of a majority of voting electors shall be elected. Electors shall indicate a preference by ranking the candidates. If any candidate does not receive a majority, the last placed candidate shall be eliminated and their votes redistributed according to the ranked choices. The process shall be repeated until a person has received an absolute majority of votes.

Details shall be regulated by law.

Article 50. Term of office

The term of office of the President shall be six years. Re-election for a second term shall be permitted only once. A president that has succeeded to the office and has served more than two years shall only be elected for one term.

Article 51. Definition

The President represents the state, guarantees national independence, the unity of the state and the proper operation of the democratic institutions, and is Commander-in-Chief of the Armed Forces. All acts by the President as Commander-in-Chief must be countersigned by the Chancellor.

Article 52. Executive power

The executive power of the national government shall be vested in the President and the Council of State. The executive power shall be exercised in accordance with this Constitution and law.

Article 53. Incompatibilities

The President shall not be a member of the Council of State or of any other legislative, executive or judicial body of the nation, an autonomous country or a province. The President shall serve on such national executive bodies as may be established by national law or decree.

The President may not hold any other salaried office or engage in any trade or profession or belong to the management or supervisory board of any enterprise conducted for profit.

Article 54. Oath of office

On assuming their office, the President shall take the following oath before the assembled Members of the Llusan:

“I swear that I will dedicate my efforts to the well-being of the Sanaman people, promote their welfare, protect them from harm, uphold and defend the Constitution and the laws of the nation and the autonomous countries, perform my duties conscientiously and do justice to all.”

Article 55. Substitution

If the President is unable to perform his duties, or if his office falls prematurely vacant, the Speaker of the Llusan shall succeed to the office and exercise his powers as President. No person shall serve concurrently as President and Speaker of the Llusan.

Article 56. International representation

The President shall represent the state in international law. He shall conclude treaties with foreign states on behalf of the state. He shall accredit and receive envoys.

Treaties that regulate the political relations of the state or relate to subjects of national legislation shall require the consent of the Llusan.

Article 57. Appointment of civil servants and pardon

The President shall appoint and dismiss judges, civil servants and commissioned and non-commissioned officers of the Armed Forces, except as may otherwise be provided by law.

They shall exercise the power to pardon offenders on behalf of the state in individual cases.

Article 58. Competences

In relation to other entities and organs the President has the competences:

a) To chair the Council of State;

b) Upon a proposal from the Chancellor, to call extraordinary sittings of the Llusan;

c) To address messages to the Llusan;

d) After first consulting both the Council of State and the parties with seats in the Llusan, to dissolve the Llusan, although not within six months of a Llusan election;

e) To appoint the Chancellor pursuant to Article 64;

f) To remove the Chancellor in accordance with Article 72;

g) Upon a proposal from the Chancellor, to appoint members of the Council of State and discharge them from office;

h) To appoint two ordinary members of the Supreme Judicial Council;

i) To chair the National Defence Council;

j) To appoint the Chief of the General Staff of the Armed Forces and discharge him from office; and, after consulting the Chief of the General Staff of the Armed Forces, to appoint the Deputy Chief of the General Staff of the Armed Forces if any, and the Chiefs of Staff of the service branches, and discharge them from office;

k) To reject a nomination by the Chancellor for Minister in the Council of State.

Article 59. Personal competences

a) To exercise the functions of Commander-in-Chief of the Armed Forces;

b) To enact laws, executive laws and regulatory decrees and order their publication, and to sign both resolutions of the Llusan that approve international agreements as well as the decrees of the Council of State;

c) To submit important issues of national interest to referendum;

d) To declare a state of siege or a state of emergency, in compliance with the provisions of Article X;

e) To pronounce on all emergencies that are of serious consequence to the life of the state;

f) After first consulting the Council of State, to grant remissions of sentence and commute sentences;

g) To confer decorations and awards in accordance with the law.

Article 60. Competences in international relations

In international relations the President has the competences:

a) To appoint ambassadors and extraordinary envoys upon a proposal from the Council of State, and to accredit foreign diplomatic representatives;

b) Once they have been duly approved, to ratify international treaties;

c) Upon a proposal from the Council of State, subject to authorisation by the Llusan, to declare war in the case of effective or imminent aggression and to make peace.

Article 61. Enactment and veto

Within a time limit of twenty days counting from the receipt of any passed bill of the Llusan, the President must enact the bill into law, or exercise the right of veto and send a message setting out the grounds for doing so and requesting that the legislative act be reconsidered.

If the Llusan confirms its vote by a three-fifths majority of all the Members, the President must enact the legislative act within a time limit of eight days counting from its receipt.

Within a time limit of twenty days counting from the receipt of any Council of State decree for enactment, the President shall enact the decree, or exercise their right of veto and inform the Council of State in writing of the reasons for doing so. The President shall not veto a decree aiming to enact or promote a part of the political program of the Council of State.

Article 62. Impeachment

The Llusan may impeach the President for high crimes and misdemeanours. They shall be removed from office upon the passage of articles of impeachment by a two-thirds majority of all Members.

The Arbiter General of the National Judex shall preside at the impeachment trial.

TITLE VI. THE COUNCIL OF STATE

Article 63. Composition

The Council of State shall consist of the Chancellor and the Ministers. The Chancellor heads the Council of State and directs its business.

Article 64. Appointment of the Chancellor

The President appoints the Chancellor after consulting the parties with seats in the Llusan and in light of the electoral results.

Article 65. Appointment and dismissal of ministers

Ministers shall be appointed and dismissed by the President upon the proposal of the Chancellor. The President may reject a nomination.

On taking office the Chancellor and the Ministers shall take the oath provided for in Article X before the Llusan.

Article 66. Government programme and accountability

The government’s programme shall set out the main political guidelines and the measures that are to be adopted or proposed in the various areas of governmental activity.

Members of the Council of State are bound by the government’s programme and by decisions taken by the Council of State.

The Government is accountable to the President and the Llusan.

Article 67. Accountability of members

The Chancellor is accountable to the President and, with regards to their political responsibility, to the Llusan.

Ministers are accountable to the Chancellor and, with regards to their political responsibility, to the Llusan.

Article 68. Consideration of the Council of State’s programme

Within a time limit of at most fourteen days after its appointment, the Council of State shall submit its programme to the Llusan for consideration.

If the Llusan is not in full session, the Speaker shall call it into session.

The debate may not last for more than three days, and until it is closed, any parliamentary group may make a motion rejecting the programme, or the Council of State may request the passage of a confidence motion.

Rejection of the Council of State's programme requires an absolute majority of all the Members of the Llusan.

Article 69. Request for confidence motion

The Council of State may ask the Llusan to pass a confidence motion in relation to a statement of general policy or to any matter of important national interest.

Article 70. Motions of no confidence

Upon the initiative of one quarter of all the Members of the Llusan, or of any party group, the Llusan shall vote on motions of no confidence in the Council of State.

Article 71. Resignation or removal of the Council of State

The following shall automatically cause the resignation of the Council of State:

a) The beginning of a new legislature;

b) Acceptance by the President of the Chancellor’s resignation;

c) The removal of the Chancellor by the President in accordance with article 72;

d) The Chancellor’s death or lasting physical incapacitation;

e) Rejection of the Council of State's programme;

f) Rejection of the Council of State's budget;

g) The failure of any confidence motion;

h) Passage of a motion of no confidence by an absolute majority of all the Members of the Llusan.

Article 72. Removal of the Chancellor

The President may only remove the Chancellor when it becomes necessary to do so in order to ensure the normal operation of the democratic institutions and after first consulting the Speaker of the Llusan.

Article 73. Competences

The Council of State shall provide for the general political direction of the nation, direct the national administrative agencies, draft and present a budget in the Llusan, and in general manage the executive branch of the national government.

Further regulation of the organisation and the distribution of responsibilities between the ministries shall be made by decree, on the proposal of the Chancellor.

TITLE VII. NATIONAL JUDEX

Article 74. The judicial power

The judicial power of the state is vested in the National Judex and such inferior courts as may be established by law.

Article 75. Composition

The National Judex shall consist of an Arbiter-General and fourteen Associate Arbiters.

Article 76. Appointment and term

The President shall appoint the Arbiters of the National Judex and other judges from a list of candidates prepared by the National Judicial Chamber. Arbiters and other judges are appointed for life with mandatory retirement when reaching the age of 70. To be appointed a judge, a person must have a degree in law from an accredited university.

Article 77. Administration

The Arbiter-General is responsible for the administration and good governance of the National Judex. The National Judex shall issue regulations on the application of procedure, precedent and equity.

Article 78. Common and civil law

The judicial branch is bound by this constitution, national and autonomous country law, and common law based on precedent.

Article 79. Jurisdiction

The National Judex is the supreme court of Sanama and the court of final arbitration. Its jurisdiction extends to all cases arising under this Constitution, and the laws of the nation. The National Judex shall have original jurisdiction in all cases affecting a foreigner, a controversy between the national government and an autonomous country, between two or more autonomous countries, and between an autonomous country, or citizens thereof, and foreign states or citizens. In all other cases the National Judex shall have such appellate jurisdiction as established by law.

Trial of all crimes shall be by judicial panel, consisting of at least three judges. Trials shall be held in the autonomous country or province where the crime was committed. If it was not committed within an autonomous country or province, the trial shall be held in such a place as directed by law.