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Bill: DEBATE: Federal Constitution of 3671

Details

Submitted by[?]: Zardio Federisma Partio

Status[?]: passed

Votes: This bill is a resolution. It requires more yes votes than no votes. This bill will not pass any sooner than the deadline.

Voting deadline: November 3671

Description[?]:

Preamble
The People of Zardugal, through their elected representatives hereby do ordain, and establish this Constitution for Zardugal and her people to secure liberty, security, peace and unity for all.

Article I: Legislative Power
Section 1. The Federal National Congress is hereby declared to be the sole legislative authority for the National Central Government of Zardugal.
Section 2. The FNC will consist of 750 members elected for 4 year terms, and in single member districts using a first past the post method.
Section 3. If a majority votes yea, an early election can be called and the Office of the President, the 750 members of Congress, and all state and local authorities who are to be elected will be put up for vote.
Section 4. The chief officer of the FNC shall be the Speaker of the FNC who will be elected by majority vote of the body. He shall have official power over the FNC and its procedure and rules and there shall be a Deputy Speaker for all Congressional party groups which have more than 30 members.
Section 5. The FNC can make no law retroactive or issue any bill of attainder and no state, or local government legislature may also issue such acts.
Section 6. The FNC shall have the sole power to pass and approve the federal budget and other federal appropriation in such a manner as consistent with the law.
Section 7. The FNC shall have the sole power to issue and raise taxes, customs and other forms of revenue which shall be executed and collected by the National Federal Executive in a manner proscribed by law.
Section 8. The FNC shall have the power to legislate in all affairs concerning the nation as a whole. However the FNC cannot intervene in the direct functioning and operation of the state and local governments without due permission from said governments or unless they are in violation of this Constitution or any other constitutional federal law.
Section 9. By a 2/3 vote, with at least a majority present, treaties with foreign nations and constitutional amendments can be approved and passed into law without Presidential approval.

Article II: Presidential Powers
Section 1. Certain executive powers shall be vested in the President of the Federation of Zardugal.
Section 2. The President shall be elected at least every 4 years and shall be elected by a national popular vote. If a candidate doesnt get a majority in the first round of voting, a run off will take place no later than 2 weeks after the first round of elections.
Section 3. The President shall nominate the Prime Minister, the Federal Executive Council and all public ministers, ambassadors and officials in a manner as prescribed by law. The Prime Minister and the FEC must be approved by the FNC.
Section 4. The President shall be commander in chief of the Zardic Armed Forces and direct them in such a way as to protect the integrity of Zardugal and her interests.
Section 5. The President, after consulting with the Prime Minister and FEC, has the ability to issue pardons, reprieves and commutations for duly issued judicial punishments and sentences for crimes committed. The President cannot act in such a manner when the case is under trial.

Article III: Prime Minister
Section 1. The Prime Minister will be the head of government, possess limited executive power and be nominated and approved by the FNC.
Section 2. The PM shall have control over the FEC and direct and oversee its actions to ensure the competent administration of government.

Article IV: Federal Executive Council
Section 1. The FEC shall consist of the following ministries:
-Ministry of Foreign Affairs
-Ministry of Internal Affairs
-Ministry of Finance
-Ministry of Defense
-Ministry of Justice
-Ministry of Infrastructure and Transportation
-Ministry of Health and Social Services
-Ministry of Education and Culture
-Ministry of Science and Technology
-Ministry of Agriculture and Food
-Ministry of Environment and Tourism
-Ministry of Trade and Industry
Section 2. The FEC shall administer and oversee the administration of government and shall be members of the FNC.
Section 3. The Finance Minister shall have the responsibility to present the Federal Budget to the FNC for approval and vote.

Article V: Council on the Constitution
Section 1. The Council shall be the highest arbitration body on the Constitution and constitutional matters in the Federation.
Section 2. The Council shall be composed of jurists, in a proportional manner, nominated by the parties in Congress and confirmed by the whole of Congress. These jurists cannot serve on two consecutive cases a term lasts for one case.
Section 3. The only permanent office and position for the Council is to be Constitutional Clerk and the Office of the Constitutional Clerk.. The Clerk shall be responsible for the daily administration of the court, the determining of the merit of appealed cases and determining the validity of the Councilmen appointed.
Section 4. The Clerk is to be appointed to a single, non-renewable 15 year term.

Article VI: Federal Central Court System
Section 1. The lowest federal courts are to be the Federal District Courts and shall be appellate courts from state courts and be the trial courts for violation of federal and shall hear cases in a manner proscribed by the Federal National Congress.
Section 2. There shall be four Federal District Courts in each state and each will be headed by a Head District Judge who will be appointed by the President and oversee each Federal District Court and its functions and actions.
Section 3. Each district will also have a Federal Attorney who will be appointed by the Minister of Justice and be responsible for the criminal prosecution and administration of justice in the local areas.
Section 4. There will be 5 Federal Courts of Appeal, one for each state and each shall consist of 5 judges appointed by the President and confirmed by the FNC. The judges will hear strictly appeals cases and determine the case in a manner consistent with the laws and Constitution.
Section 5. The highest appellate court will be the Supreme Court of Appeals. The court will consist of 11 justices and be headed by the Chief Justice of Zardugal. It will be the highest appellate court below the Council. It justices will hold office for no more than 20 years and be appointed in the following way:
-1 justice will be appointed by the largest party in Congress
-1 will be appointed by the smallest party in Congress
-3 will be appointed by the Prime Minister
-3 will be appointed by the Congress
-3 will be appointed by the President, among with 3 will be the Chief justice of Zardugal.
Section 6. The Chief Justice of Zardugal will be primary judicial officer of Zardugal and is charged with writing the judicial protocol and regulation and ensuring the right and proper conduct of the judicial system.
Section 7. The Zardic Judicial Conference will be the prime body for approving new judicial regulation and ensuring they are implemented properly. It will consist of the Minister of Justice, and all federal judges in Zardugal and be headed by Chief Justice. Each state chief judicial officer can sit as an observer on the proceedings of each meeting of the ZJC.

Article VII: State and Local Affairs
Section 1. Each state shall have an open and republican form of government and no state government can grant titles of nobility, establish heredity rulers, or in anyway undermine the republican system of government.
Section 2. Every state government may write its own constitution, charter or basic law and conduct itself in such a manner as to ensure proper governance of each state.
Section 3. Each state shall have right and proper control over local governments and shall regulate and administrate them in such a way as each state sees proper.

Article VIII: Other Government Institutions
Section 1. The Comptroller's Office is to be an independent non-partisan office which is to act as an independent watch dog on government finances and spending. The position shall be the Comptroller and shall be appointed by the President and confirmed by the FNC to a 15 year non-renewable term.
Section 2. The Federal Inspections Commission is to be a 5 member, independent and non-partisan commission to ensure the operations and integrity of the federal government. It will be responsible for pursuing corruption complaints, complaints on the violations of laws by the Federal Government and related agencies and ensuring the integrity of the government in its dealings.
Section 3. Related to the FIC will be the Office of Inspectors and the Office of Special Consul. The former office shall dispatch and manage the Inspectors who will conduct investigations for the FIC and the latter will ensure proper legal procedure is followed and work with the OI to ensure all laws are followed.
Section 4. The Zardic Reserve System will be the independent and non-partisan monetary regulatory authority for the nation. Its central organs will consist of the Chairman of the Zardic Reserve Board who will be elected to a 10 year, non-renewable term. They will regulate the value of the currency, interest rates and work to ensure proper inflation control and full employment.
Section 5. The Zardic Reserve Board will consist of the five President's of the regional banks (one for each state) and 5 members appointed by the FNC on a proportional basis the Congress finds acceptable for 5 year terms. The board, together with the Chairman will coordinate the nations monetary policy.
Section 6. The five regional presidents will be appointed by the President and confirmed by the FNC for 5 year terms.
Section 7. Each of the above outlined institutions is accountable to the FNC and must fully comply with subpoena requests and other investigatory requests to the fullest extent possible and each may create such other officers and positions to ensure the full functionality of their offices.

Article IX: Amending
All amendments must be proposed in the Federal National Congress and must be passed with a 2/3 majority.

Article X: Legality
This Constitution will only come into effect when 2/3 of the current FNC votes for it.

Proposals

Debate

These messages have been posted to debate on this bill:

Date23:27:15, May 25, 2014 CET
From Humana Blokado
ToDebating the DEBATE: Federal Constitution of 3671
MessageArticle VI, section 5.

Section 5. The highest appellate court will be the Supreme Court of Appeals. The court will consist of 11 justices and be headed by the Chief Justice of Zardugal. It will be the highest appellate court below the Council. It justices will hold office for no more than 20 years and be appointed in the following way:

-1 will be appointed by the smallest party in Congress

It should be made clear if this is the smallest seat-holding party or if parties of zero seats qualify. What is to be done in the event of an electoral tie? Is the purpose of this to give smaller parties political capital? Couldn't this give a coalition a disproportionate amount of power?

Article VII, Section 4

Section 4. The Zardic Reserve System will be the independent and non-partisan monetary regulatory authority...

Why nonpartisan? Partisanship keeps the members accountable, and because of the way the ADL operates we require the ability to depose an official we appoint (in accordance with member ballots) without their term expiring. We also require the ability to appoint a new member to fill in the duration of the expelled member's term.

These questions are also relevant to Article VI, sect. 5

ADL Leader, MinAg,
Archibaldea Sonnavjccj

Date01:21:47, May 26, 2014 CET
From Zardio Federisma Partio
ToDebating the DEBATE: Federal Constitution of 3671
MessageMr Speaker,
The smallest party in congress means the smallest party. Parties with no seats in Congress will not be considered because they are not the smallest party in Congress.
Also, the event of an electoral tie is very rare and if it should happen the party with the lower vote total would get the seat.
As for the Zardic Reserve, we want to try and keep the monetary authority as independent as possible. As for term concerns we can and will support an amendment allowing Congress to remove officials and appoint replacements to finish terms.

James Baker
ZPP Floor Leader
Foreign Minister

Date03:13:21, May 26, 2014 CET
From Humana Blokado
ToDebating the DEBATE: Federal Constitution of 3671
MessageYour explanations are sufficient.

We're on board.

ADL Leader, MinAg,
Archibalea Sonnavjccj

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Voting

Vote Seats
yes
      

Total Seats: 750

no

    Total Seats: 0

    abstain

      Total Seats: 0


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