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Bill: The New Rutanian Constitution

Details

Submitted by[?]: Whig Party

Status[?]: passed

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

Voting deadline: May 4220

Description[?]:

The Constitution of the Republic of Rutania

Preamble
We, the people of the Republic of Rutania, do hereby ordain and adopt this Constitution for the Republic of Rutania.

Article 1: The Republic of Rutania
(1) The Republic of Rutania is a Sovereign and Democratic Nation and the Sovereign Power belongs to the people of the Republic of Rutania. Sovereign Power shall be exercised in the manner provided for in this Constitution.
(2) The Republic of Rutania shall be structured as a semi-presidential, republican democracy with a unicameral legislature, an elected Head of State and an appointed Head of Government.
(3) The National Flag and Motto shall be the flag and the motto adopted by two-thirds of the total number of members of the People’s Assembly in accordance with the procedure set out in Article 3.
(4) This Constitution is the Supreme Law of the Land.

Article 2: The People’s Assembly
(1) There shall be a legislature for the Republic of Rutania, called the People’s Assembly, in which all legislative powers under this Constitution shall be vested. The People’s Assembly shall have a maximum of 750 members elected by each State in accordance with the provisions of Article 15 for a term of office of 60 months.
(2) The People’s Assembly shall have the power to make laws, to pass bills and legislation, to ratify treaties and international agreements, to amend this Constitution in accordance with the provisions of Article 18, and to ratify Cabinet Proposals in accordance with the provisions of Article 9.
(3) Each member of the People’s Assembly shall be enlisted in a political party and shall be entitled to one seat only. Political parties shall represent their voters in the People’s Assembly and cast their votes on their behalves.

Article 3: Legislative Process
(1) All political parties shall have the right to propose Bills.
(2) A Bill shall be passed by a simple majority of the members of the People’s Assembly present and voting, except in cases where the Constitution provides otherwise.
(3) A Bill shall lapse from voting should an election intervene, in which case it shall be returned to the People’s Assembly for debate.
(4) A Bill that has been passed by the People’s Assembly shall enter into effect immediately upon its passage.
(5) The Senate as established http://classic.particracy.net/viewbill.php?billid=514636 shall maintain the right to call a bill the Peoples Assembly for a vote in the Senate by calling for a veto of a bill.
(6) After calling for a veto the Senate shall have 6 months to veto a bill with a 3/4 majority


Article 4: The Executive
(1) The executive power ultimately belongs to the President, and he shares his powers as necessary with his cabinet.
(2) Executive decisions shall be entrusted in these bodies subject to the approval of the People’s Assembly.

Article 5: The President
(1) The President shall be the Head of State, and Commander in Chief, of the Republic of Rutania. He shall represent the Nation, guarantee its independence and see to it that this Constitution is observed. He shall represent Rutania abroad.
(2) The President shall be elected for a term of office of 48 months in accordance with the procedure set out in this Article and subject to the provisions of the sections 1 and 3 of Article 15.
(3) The President shall be elected using a two round system. Each party shall have the right to register one candidate for elections for the office of President. A primary round of election shall be held to select the two candidates for the second round.
(4) The two candidates having the largest number of votes in the primary election shall participate in the second round, the candidate having the highest number of votes in the second round shall be declared the new President.

Article 6: The Prime Minister
(1) The Prime Minister shall be the Head of Government of the Republic of Rutania. He shall be responsible for the everyday tasks of running the nation, conducting public businesses, setting forth the Cabinet’s agenda, and submitting cabinet proposals to the People’s Assembly, subjected to the President’s approval.
(2) The Prime Minister shall act as an extension of the President’s power. The two must be in agreement for any cabinet policies to pass, except in the situation outlined in Article 8, section 5.
(3) The Prime Minister shall be selected by the President, and shall form part of the Cabinet, subjected to the People’s Assembly’s approval.

Article 7: Succession
(1) Upon the death, incapacitation, or other factors which disallow the President from continuing his current mandate, his powers shall be transferred to the Prime Minister which he has selected.
(2) Should the President not have created a Cabinet before his incapacitation or death, his powers shall be transferred to the current, biggest remaining party in the People’s Assembly.
(3) Upon assuming these powers, this successor shall be referred to as the “Acting President”, although they assume all the powers of the President as outlined in this Constitution, and sovereign law.
(4) Upon assuming these powers, the Acting President has two options regarding continuity of Government. They may:

a) Call for early elections, or

b) Submit a new cabinet proposal to the People’s Assembly.

5) Should they decide to submit a new cabinet, this must be approved by the People’s Assembly. If the Acting President fails to form a cabinet after 3 submitted and rejected cabinet proposals, they must resign, and new elections must be held.

Article 8: The Cabinet
(1) The Cabinet is responsible for assisting the President in exercising his executive power, and to propose policy changes to the President and Prime Minister.
(2) The Prime Minister shall be entrusted to handle the everyday business of coordinating the Cabinet, of conducting Cabinet business, and submitting cabinet proposals to the President for his approval.
(3) Each member of the cabinet (excluding the Prime Minister) shall direct an administrative department and is responsible for the tasks and functions entrusted to his or her department, subjected to the President’s approval.
(4) The President’s approval is required for any cabinet proposals before these may be proposed to the People’s Assembly. Should he be bypassed, and his consent not granted, any bills proposed shall be considered null and void, and shall not take effect.
(5) Should the President refuse to approve a cabinet proposal, he may be overruled if a total majority of his cabinet agrees to overrule him, including the Prime Minister.

Article 9: Formation of the Cabinet
(1) There shall be a Cabinet to assist the Head of State in the proper discharge of executive powers.
(2) Any cabinet must be ratified by the agreement of more than a half of the People’s Assembly, according to Article 3 of the Constitution, including those not present or otherwise voting.
(3) The President is solely responsible for picking his Cabinet, except in cases where Article 7 has been invoked, and forming a coalition which is acceptable to most parties. This proposal must be submitted to the People’s Assembly within 4 months.
(4) The President has the power to dissolve the Cabinet, and pick a new Cabinet. He may also dismiss a specific minister. However, this new Cabinet must be approved by the same procedures outline in this article.
(5) If an election is held, and the position of President's changes to another individual, the current Cabinet must dissolve itself, and all ministers must resign, to allow the President to pick a new Cabinet.
(6) Until such a time as a cabinet is formed, the President will hold executive power alone, except where an objection is raised by the People’s Assembly, according to Article 3 of the Constitution.
(7) Political parties may propose to the President their choices for the Cabinet members in the form of private correspondence, but ultimately both the President and the People’s Assembly must agree on the Cabinet formed for it to assume its responsibilities.

Article 10: The Judiciary
(1) The judicial authority shall be vested in a system of courts, both lower and constitutional. These courts shall have absolute power to ensure enforcement of the laws and constitution of the Republic of Rutania.

Article 11: Political Parties
(1) Political parties shall ensure that the will of the people prevails and, for this purpose, shall
represent their voters in the People’s Assembly.
(2) A political party shall be registered in accordance with the sovereign laws, and may be dissolved in
cases of inactivity or for violations of sovereign law.
(3) Representation in the People’s Assembly shall be determined through a general election in which all political parties may participate in accordance with the provisions of Article 13.

Article 12: Opposition Parties
(1) The opposition parties shall play a constructive role to ensure that the government and the ruling parties function in accordance with the provisions of this Constitution, provide good governance and strive to promote national interest and fulfil the aspirations of the people. Their aim must be to make the Government responsible, accountable and transparent.
(2) The opposition parties shall have the right to oppose the elected Government and to question the Governments conduct of public policy.

Article 13: The States
(1) The territory of the Republic of Rutania comprises of the states of Ardinia, Bozarland, Delvar, Khodor and Kragusrov. The national territory and the international territorial boundary of the Republic of Rutania is inviolable.

Article 14: Local Governments
(1) Certain powers may be devolved to the Local Governments by the People’s Assembly in accordance with the procedures set out in Article 3.

Article 15: Elections
(1) Under this Constitution, the general will of the people shall be the basis of government and it shall be expressed through periodic elections in which all political parties shall have the right to participate.
(2) The method used to determine the number of seats each State receives in the People’s Assembly shall be laid down by law in accordance with the provisions of Article 3.
(3) All political parties shall have the right to call for an early election at any time. A call for early elections shall require the vote of a majority of the total number of members of the People’s Assembly in order to pass, including those not voting or otherwise present. Elections shall be scheduled within 1 month after the bill passes.
(4) An election will be held every 4 years from the date of a previous election, whenever this is a regular or early election.

Article 16: The Rights of Citizens
(1) Our Citizens shall enjoy freedom of speech, freedom of association, freedom to strike, freedom to create political parties, the guaranteed secret nature of post and internet communications and the right to non-government interference in these and the freedom to appeal criminal sentences in a timely manner.
(2) These rights are guaranteed to every citizen of the Republic of Rutania, and cannot be denied, no matter the circumstances.
(3) Anyone who conspires to deny these rights to an individual shall be punished to the fullest extent of the law.

Article 17: Executive Decrees
(1) The President, as the person entrusted with Executive authority, shall be able to issue decrees. These shall be divided into administrative, legislative, and emergency decrees. Each Presidential decree shall be labeled as such, and the People’s Assembly may challenge the “labelling” of said decrees, and modify under which label such a decree fits in, by a simple majority vote. The “label” defines what rules apply to said decree.

(a) Administrative decrees are those that modify existing national policy to a limited extent, including ministry funds within the current budget, and which do not modify current legislative laws. For example, the legislature passes a law which says the state must subsidize agricultural businesses, and the cabinet sets the current subsidy as 10,000 RUT. Over time, a budget surplus accumulates in the respective ministry. The President may then issue a decree which modifies the amount of subsidy handed out if the current minister refuses to do so. These may be overruled by a simple majority vote in the People’s Assembly.

(b) Legislative decrees are those that seek to modify existing national laws, or modify the expenses of the Government. This decree is issued under the signature of the President, and is presented to the People’s Assembly for ratification. It may pass, or be defeated, by a simple majority vote.

(c) Emergency decrees are those issued in times of great crisis. If the Prime Minister does not object, an emergency decree may be passed. These decrees can implement temporary policies which would normally violate national law; under the Emergency decree, the contradicting law is temporarily suspended, but it is not struck from the rooster of active laws. While an emergency decree may deviate from national laws, it may not deviate from the Constitution. If the Prime Minister objects during the introduction of the Decree, or if the People’s Assembly votes against it by a simple majority, the Decree is defeated, and shall stop being into effect.

Article 18: Amendment
(1) Subject to the provisions of Article 3, the People’s Assembly along with the Senate shall have the power to amend this Constitution. Amendments shall require a vote of 3/4 of the People's Assembly and a simple majority of the Senate.

Article 19: (1) The People of Rutania shall maintain the historic right to dignified titles of honor and distinction, titles once bestowed can pass from a holder to a designated descendant
(2) The state shall not interfere with any titles granted from any body other than Rutanian government or a branch of the Rutanian government.
(3) The political parties and organizations of Rutania shall maintain a right to grant titles of 'nobility' within their ranks.

Article 20: (1) The Senate as established http://classic.particracy.net/viewbill.php?billid=514636 shall maintain the right to execute the highest judicial authority within Rutania.
(2) The Judicial system shall operate as legislated by the Peoples Assembly at all times except when directed by a vote of the majority of the Rutanian Senate
(3) The Rutanian Senate shall guard the right of lawful Rutanian people to bear arms and organize militias for the good of the Commonwealth

Article 21 (1) All bills presented to the Peoples Assembly should remain in the debate phase for a minimum of 4 months in order to allow time for the bills consideration by the Senate and in effort to foster legislative cooperation.

Proposals

Debate

These messages have been posted to debate on this bill:

Date01:56:40, May 21, 2017 CET
FromWhig Party
ToDebating the The New Rutanian Constitution
Message*OOC: would the other parties be open to a flag change to commemorate the coming constitutional change?

Date01:57:11, May 21, 2017 CET
FromWhig Party
ToDebating the The New Rutanian Constitution
Message*OOC: Please add suggestions for debate

Date02:17:50, May 21, 2017 CET
FromWhig Party
ToDebating the The New Rutanian Constitution
MessageMr. Speaker we propose changing the name of the nation to the Federal Republic of Rutania and the name of the legislature to the Federal Assembly, as well as changes to article 3, we shall be forming a committee to debate further changes

Date03:42:21, May 21, 2017 CET
FromRutania Party
ToDebating the The New Rutanian Constitution
MessageMr Speaker,

The RP mostly can agree with this porposal but, there are a few things we contest and a few we would like written in:

As for changes, there is no need to up turn the Commonwealth nor change to major governing body, of current the People's Assembly is so old it per dates the Commonwealth. As such both should stay the same, and this will be the first constitution of the Commonwealth.

Now for things the RP would like to see added,
- A close in which governs the rewriting of the constitution requiring a majority vote from the senate and a 3/4 majority from the People's Assembly
- The basic right of a very old Noblilty which has been apart of our nation since its birth, first that there tittles are always recognized by the common wealth, and second that there children may inherit there tittles. This however does not give them any special powers within our system, and they are at the full mercy of the law, as any other citizen within the Nation.
- The right to bare arms and to organize militias, as to protect the nation and rights of the people.
- A mix aproach with our current justice system, maintaining our, local, state and national courts, but in addition given the Senate the Powers of the Supreme Court.

These are all issues that the RP are not willing to bug on, but we are willing to except thing we would usually not, in exchange for these articles.

- Max RP head, and Prime Minister.

Date03:55:31, May 21, 2017 CET
FromRutania Party
ToDebating the The New Rutanian Constitution
MessageOOC: RP probably wouldn't go for a flag change

Date04:00:22, May 21, 2017 CET
FromRutania Party
ToDebating the The New Rutanian Constitution
MessageOOC: Rewriting doesn't offect no relate to amendments to the constitution.

Date14:41:49, May 21, 2017 CET
FromCivic Republican League of Rutania
ToDebating the The New Rutanian Constitution
MessageThe CRL will never support reducing the number of legislators.

Date15:53:30, May 21, 2017 CET
FromRutania Party
ToDebating the The New Rutanian Constitution
MessageMr. Speaker

The RP can support the CLR s motion on seating in the Assembly, it would be simply easier to leave that power with the Assembly itself

Date19:06:05, May 22, 2017 CET
FromUnited Democratic Party of Rutania
ToDebating the The New Rutanian Constitution
MessageMr Speaker,

We largely agree with this bill but we would, like the CRL never support reducing the number of legislators.We also see no need on changing the name of the Commonwealth, the Assembly and the Flag.

UDPR Party Representative,
Duane Harry Golver

Date19:12:03, May 22, 2017 CET
FromNew People's Party of Rutania
ToDebating the The New Rutanian Constitution
MessageMr. Speaker,

We cannot support reducing the size of the Assembly.

Date23:19:12, May 22, 2017 CET
FromWhig Party
ToDebating the The New Rutanian Constitution
MessageMr. Speaker we have revised the bill with the RP's suggestions changing Article 3 by adding sections and changing the language of Article 18

Date23:31:04, May 22, 2017 CET
FromWhig Party
ToDebating the The New Rutanian Constitution
MessageMr. Speaker,

We have added Article 19 and 20

Date23:34:52, May 22, 2017 CET
FromWhig Party
ToDebating the The New Rutanian Constitution
MessageOOC: When we form cabinets we dont always do it like the constitution lays out

Date23:37:47, May 22, 2017 CET
FromWhig Party
ToDebating the The New Rutanian Constitution
MessageMr. Speaker,

The Whig Party is interested in the other parties opinion of increasing the powers of the Presidency enshrined within the constitution. In consideration of the the troubles of the last Civil War it remains the belief of our party that we need to strengthen the Presidency to prevent the likelihood of Presidents presiding that don't represent the will of the ruling coalition.

----Elmer Clark
Former President
Whig Party Chairman

Date00:35:22, May 23, 2017 CET
FromRutania Party
ToDebating the The New Rutanian Constitution
MessageMr. Speaker

As for a subjection in the increase of powers for the President, a great influence over the Nations Shy agency can be given, with the agency reporting the President directly and, given the President the power to assign the head of the Agency.

Date21:44:04, May 25, 2017 CET
FromWhig Party
ToDebating the The New Rutanian Constitution
MessageMr. Speaker,

We request the opinions of the other parties of the proposed consitution as is?

Date17:36:57, May 28, 2017 CET
FromWhig Party
ToDebating the The New Rutanian Constitution
MessageMr. Speaker,

My office presents this updated Constitutional Draft for the consideration of all parties in the People's Assembly. I hope the People's Assembly will view this draft and especially Article 21 as a progressive continuation of the reforms we have seen since the end of the Civil war. Many years ago President Appleby presided over the beginning of the Senate, I now ask the Peoples Assembly to affirm our faith in the Senate with their support of Article 21.

Prime Minister Elmer Clark

Date09:29:48, June 01, 2017 CET
FromWhig Party
ToDebating the The New Rutanian Constitution
MessageOOC: I adjusted article 2 so it says 60 month term as is currently, and maximum seats is game max of 750

Mr. Speaker,

We call for the close of this constitutional convention by calling for a vote on the new constitution

Date20:24:06, June 01, 2017 CET
FromWhig Party
ToDebating the The New Rutanian Constitution
MessageMr. Speaker,

We would like to inquire about the reasons for opposing this constitution

Date22:15:04, June 01, 2017 CET
FromNew People's Party of Rutania
ToDebating the The New Rutanian Constitution
MessageMr. Speaker,

Our party is opposed to Article 19 mainly.

Joey Townsend
PPR

Date01:46:36, June 02, 2017 CET
FromWhig Party
ToDebating the The New Rutanian Constitution
MessageMr. Speaker,

We would like to inform our colleagues in the PPR that the proposal would make nobility nothing more than a honor from a political party, we ask the PPR to be reasonalbe

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Voting

Vote Seats
yes
    

Total Seats: 370

no
   

Total Seats: 169

abstain
 

Total Seats: 185


Random fact: Information about the population of each country can be found on the Population Information thread: http://forum.particracy.net/viewtopic.php?f=5&t=8663

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