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Bill: OOC - do not delete - Constitution of Beiteynu

Details

Submitted by[?]: Hosian Democratic Association

Status[?]: defeated

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: April 3817

Description[?]:

http://classic.particracy.net/viewbill.php?billid=427184

[Preamble]
To secure for our peoples the ideals of Justice, Liberty and Democracy.

We, the peoples of Beiteynu and their lawful representatives, having learned the lessons of our predecessors and their descent into tyranny and theocracy do declare that our national foundations must rest on a stable, democratic constitution. We declare this document as our national constitution in order to protect Beiteynu from traitors domestic and foreign, defend our democratic structure and to progress humanity to a greater plain of existence.

First Chapter - Composition of the Republic and its Provinces

Article I: There are three social classes that form our nation. First and foremost are the faithful citizenry. Second are the noble bourgeois which shall be composed of those earning more than the average citizen. Finally are the grand nobility who are granted this position from the faith leaders or the State President.

Article II: Revering the memory of our ancestors and forebearers who fought so valiantly for liberty, we most solemnly assure the bourgeois, citizenry and nobility classes full rights, liberty and the full protection of our Republic.

Article III: Beiteynu is a constitutional Republic

Article IV: Territory of the Republic is composed of the territory of the Beiteynu Provinces. Other territories may be integrated if the people choose to confederate into our nation via the rights of self-determination.

Article V: Internationally recognized law are as binding as Beiteynu law.

Article VI: State authority in the Republic shall be exercised in Beiteynu affairs by the government organisations of the Republic, based on the Republic's constitution, and in Provincial affairs by the local governmental organisations, based on their respective constitutions.

Article VII: The Republic exclusively exercises legislation in these areas:
- Foreign Affairs
- Colonial Affairs
- Nationality, immigration, emigration and extradition.
- National Defence
- National Currency
- Customs service, union, free and open trade, freedom of the movement of capital and goods
- Postal and telephone service, including internet service

Article VIII: The Republic is responsible for legislation in these basic areas:
-Civil and Penal affairs, including maintaining the health and welfare of the citizenry
-Regulation of the bourgeois and of the nobility
-Enforcement of law
-Economic affairs, including laws regarding trade unions and guilds, the creation and enforcement of monopolies...
-Passport affairs and the recording of aliens, legal and illegal
-Nationalization of goods, services, natural goods...
-The sale and usage of goods and/or services

Article IX: Furthermore, the Republic is responsible for all legislation regarding taxation and other revenue collection, as far as they are used to pay partly or entirely for its expenses. If the Republic implements measures implemented earlier by the Provinces then it must consider the viability of these measures on a larger scale.

Article X: As there is a need for the formulation of standardized regulations the Republic has the legislation over:
-Welfare system
-Economic affairs
-Protection and enforcement of law and order

Article XI: The Republic may establish legislation over the rights and duties of religion, the education system, laws pertaining to the ownership, usage and succession of the preceding over land.

Article XII: The Republic may and indeed must establish principles to guide the collection of dues or revenue in order to avoid double taxation, avoid excess burdens, avoid damage to trade....

Article XIII: As far the Republic does not exercise its right to legislate, the Provinces are free to legislate. This avoids matters to which only the Republic as a whole can legislate. In the case of nationalization, the Republic has the right to object.

Article XIV: Republic law overrules Provincial law. Objections by the Provinces may be brought to the Beiteynu Supreme Court.

Article XV: Every Province must adopt the constitution of a free state. Provincial Assembly, Congress or Parliament must be elected in a free, democratic manner by means of secret ballot, in which all men and women of the Republic, bourgeois or citizen, nobility or bourgeois, are entitled to participate in without lawful or unlawful blocks to this right via means of taxation, I.E. "Poll tax".

Article XVI: The organization of the Republic must always serve the popular will. The transfer of Provincial territory, the formation of new Provinces is conducted via a constitutional amendment. If both Provinces are in agreement then a simple law passed by the Assembly will suffice. Popular will is to be expressed via plebiscite. Plebiscites may be called regarding separation or merger of territory if one third of the breakaway populace demands it so. Three fifths of the population must be in agreement even if only regarding as little as a single city.

Article XVII: Wherein Provincial constitutions come into crisis the Beiteynu Supreme Court must decide. The State President is responsible for execution of these decisions.

Chapter II: The State Assembly

Article I: The State Assembly is to be composed of deputies elected from within the national franchise.

Article II: Deputies of the Assembly are to be elected in a democratic, free and secret manner. The national franchise is all men and women aged over 18. Elections are to be held in a manner common to democracies. Elections must take place on a Sunday or Public Holiday. No man or woman may work during the day of election.

Article III: The Assembly is to last for five years. The election of this Assembly must take place no more than 60 days after this term has expired.

Article IV: The Assembly may dissolve itself and call new elections at any point.

Article V: The Assembly elects its President, Vice-President and their secretaries. The Assembly establishes its own procedure for doing so.

Article VI: In Between elections and sessions the Assembly President is to carry out administrative tasks.

Article VII: The Assembly President exercises domestic right and lawful authority within the Assembly.

Article VIII: The Assembly is to always be public. The State or Assembly President may opt to allow speaking or debate by citizenry, nobility or bourgeois at their whim.

Article IX: Constitutional amendments or treaty ratification require two thirds of the assembly to vote in favour. Budgetary matters, or treaty withdrawals require half the Assembly to be in favour. Simple laws require only a majority vote.

Article X: No deputy, in local legislature or national, may be prosecuted for speech spoken during his or her term in office.

Chapter III: The State President

Article I: The State President is elected by the entire nation. Every bourgeois or noble aged over thirty-five may stand for office. Any standard citizen over fifty may stand for office.

Article II: Any State President upon assuming office must swear by the oath:

"I swear to devote my time and energy to the welfare and defence of the Beiteynu People, to increase its prosperity, to defend its constitution, to uphold its laws, to honour my duties and obligations and to uphold justice."

Article III: The election of the State President occurs at the same period as the election for the Assembly. Re-election is permitted. A State President may be suspended via majority vote in Assembly or plebiscite.

Article IV: The State President may not hold a seat in the Assembly.

Article V: In Foreign Affairs the State President represents the will of the Beiteynu People.

Article VI: The State President is the Supreme Commander of the Republic Military and may overrule the defence minister in any scenario.

Article VII: In case he or she is unable to carry out their duties then the Assembly President carries out these duties until a new election has taken place.

Article VIII: A cabinet may be proposed and voted on within the Assembly to assist the President. Presidential authority is, however, supreme.

Article IX: A Decree may be issued in times of emergency. The Assembly must be informed of this.

Article X: The President may declare and define a State of Emergency and Emergency at whim.

Chapter IV: Supreme Court

A supreme court is to be appointed by the State President. It must contain 5-8 Deputies and a Chancellor. It shall preside over constitutional affairs.

Chapter V: Basic Rights of the Beiteynu People

-All Beiteynu persons are equal under law

-Men and Women have equal duties and rights.

-Every Beiteynu citizen, noble and bourgeois has the right to Justice, Freedom and participation in the Democratic process.

-The rights to free speech, free thought and free movement are possessed by all social classes.

-No right may be taken from a person without a fair trial under a jury of his or her peers.

-The right to freedom of religion is to be held sacrosanct.

Chapter VI: Electoral Supervision

The Electoral Supervision Committee is to be established. Its members are to be selected at random from within the Assembly via a lottery system. It will consist of 20 members plus a Chairman. It shall have the exclusive right to bring electoral fraud and misjudgement to the Supreme Court.

Proposals

Debate

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