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Bill: RP (OOC): Constitution of the Republic of Valruzia 📜

Details

Submitted by[?]: Partia Koalicji Narodowej 🔵󠁎󠁎

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: February 4385

Description[?]:

Original Post: http://classic.particracy.net/viewbill.php?billid=547884

Constitutional Amendment on the Creation of the Supreme Court: http://classic.particracy.net/viewbill.php?billid=550189
Constitutional Amendment on the Nomination of Representatives to the World Congress: http://classic.particracy.net/viewbill.php?billid=550038


Constitutional Reform for Valruzia
Wielka Reforma Konstytucyjna dla Walruzji

► Preamble

• Keeping in mind the will and determination to secure the existence and future of our Homeland,
• Convinced that the Republic is the Commonwealth of every citizen,
• We the Valruzian Nation - all citizens of the Republic,
• Both those who believe in God as the source of truth, justice, good, and beauty,
• As well as those not sharing such faith but respecting those universal values as arising from other sources,
• Equal in rights and obligations towards the common good - Valruzia (Walruzja),
• Beholden to our ancestors for their labours, their struggle for independence achieved at great sacrifice, for our culture rooted in the Hosian heritage of the Nation and in universal human values,
• Obliged to bequeath to future generations all that is valuable from our over three thousand years' heritage,
• Bound in community with our compatriots dispersed throughout the world,
• Aware of the need for cooperation with all countries for the good of the Human Family,
• Mindful of the bitter experiences of the times when fundamental freedoms and human rights were violated in our Homeland,
• Desiring to guarantee the rights of the citizens for all time, and to ensure diligence and efficiency in the work of public bodies,
• Recognizing our responsibility before God or our own consciences,
• Hereby establish this Constitution of the Republic of Valruzia (Konstytucja Rzeczypospolitej Walruzyjskiej) as the basic law for the State, based on respect for freedom and justice, cooperation between the public powers, social dialogue as well as on the principle of subsidiarity in the strengthening the powers of citizens and their communities.
• We call upon all those who will apply this Constitution for the good of the Republic to do so paying respect to the inherent dignity of the person, his or her right to freedom, the obligation of solidarity with others, and respect for these principles as the unshakeable foundation of the Republic of Valruzia (Rzeczypospolitej Walruzyjskiej).

Section I "On the basis of the Republic - O Podstawach Rzeczypospolitej":

► Article 1.

§1.a. By virtue of this Constitution, Valruzia shall become the Republic of Valruzia (Rzeczpospolita Walruzyjska). [OOC: In-Game mechanics name "Rzeczpospolita Walruzyjska (Republic of Valruzia)"
§1.b. The Republic of Valruzia (Rzeczypospolita Walruzyjska) shall be the common good of all its citizens.
§1.c. The flag of the Republic of Valruzia shall be: http://i.cubeupload.com/3elkEn.png
§1.d. The Coat of Arms of the Republic of Valruzia shall be: http://i.cubeupload.com/Wl4wi1.png
§1.e. The motto of the Republic of Valruzia shall be "Indivisibiliter ac Inseparabiliter"
§1.f. The Capital of the Repulic of Valruzia shall be the city of Nowogard

► Article 2.

The Republic of Valruzia (Rzeczypospolita Walruzyjska) shall be a democratic state ruled by law and respect toward social justice.

► Article 3.

The Supreme power in the Republic of Valruzia (Rzeczypospolita Walruzyjska) shall be vested in the Nation which shall exercise its power trough their representatives.

Section II "On the separation of powers in the Republic - O podziale władz w Rzeczypospolitej" :

► Article 4.

§1.a. The system of government of the Republic of Valruzia (Rzeczypospolita Walruzyjska) shall be based on the separation of and balance between the legislative, executive and judicial powers.

§2.a. Legislative power shall be vested in the Parliament consisting of upper house, the Senate (Senat Rzeczypospolitej Walruzyjskiej) and lower house, the Sejm (Sejm Rzeczypospolitej Walruzyjskiej), executive power shall be vested in the President of the Republic of Valruzia (Prezydent Rzeczypospolitej Walruzyjskiej) and the Council of Ministers (Rada Ministrów), and the judicial power shall be vested in courts and tribunals.

► Article 5.

§1.a. Legislative power in the Republic of Valruzia (Rzeczpospolita Walruzyjska) shall be exercised by the Parliament (Parlament Rzeczypospolitej Walruzyjskiej) consisting of Sejm and the Senate (Senat).

§2.a. The Sejm shall exercise control over the activities of the Council of Ministers within the scope specified by the provisions of the Constitution and statutes

§3.a. The Sejm shall consist of 465 deputies (masculine Poseł, feminine Posłanka).
§3.b. Elections to the Sejm shall be universal, equal, direct and proportional and shall be conducted by secret ballot.

§4.a. The Senate (Senat) shall be composed of 100 Senators (masculine/feminine Senator).
§4.b. Elections to the Senate shall be universal, equal, direct and proportional and shall be conducted by secret ballot with 5% electoral threshold and seats allocated with D'Hondt method (D'Hondt Seats Calculator: https://icon.cat/util/elections)
§4.c. The Senate shall be a consultative body with and shall not have any control over the course of policies established by the Parliament (Parlament) and Council of Ministers (Rada Ministrów).

§5.a. The Sejm and Senate (Senat) term lasts 4 years.
§5.b. The Sejm and Senate (Senat) can shorten its term with a majority of votes in the Sejm.

§6.a. Every citizen having the right to vote, who, no later than on the day of the elections, has attained the age of 21 years, shall be eligible to be elected to the Sejm.
§6.b. Every citizen having the right to vote, who, no later than on the day of the elections, has attained the age of 35 years, shall be eligible to be elected to the Senate.
§6.c. No person sentenced to imprisonment by a final judgment for an intentional indictable offence may be elected to the Sejm or the Senate.

► Article 6.

§1.a. Executive power in the Republic of Valruzia
(Rzeczpospolita Walruzyjska) shall be exercised by the President of the Republic of Valruzia (Prezydent Rzeczypospolitej Walruzyjskiej) and the Council of Ministers with President of the Council of Ministers (Rada Ministrów, Prezed Rady Ministrów).

Subsection I "On the President of the Republic of Valruzia - O Prezydencie Rzeczypospolitej Walruzyjskiej":

§2.a. The President of the Republic of Valruzia shall be the Head of State of the Republic and shall be the guarantor of the continuity of the Republic authority.

§2.b. The President of the Republic of Valruzia shall represent the
Republic for the purposes of international law. He shall conclude treaties with foreign states on behalf of the Republic. He shall accredit and receive envoys.

§2.c. The President shall exercise the power to pardon individual offenders on behalf of the Republic.

§2.d. The President of the Republic shall grant Valruzian citizenship and shall give consent for renunciation of Valruzian citizenship.

§2.e. The President of the Republic shall confer orders and decorations.

§2.f. The President may delegate these powers to other authorities.

§2.g. The President of the Republic of Valruzia (Rzeczpospolita Walruzyjska) shall be elected in universal, equal, direct, proportional and secret ballot elections.

§3. The President of the Republic of Valruzia (Rzeczpospolita Walruzyjska) shall be elected by a majority of voters. If no candidate receives more than 50% of votes casted in the first round, the second round is called between two candidates who got the biggest number of votes.

§4.a. Every citizen having the right to vote, who, no later than on the day of the elections, has attained the age of 35 years, shall be eligible to be elected to the President of the Republic of Valruzia.

§5.a. The President of the Republic of Valruzia is elected for a 4-year term.
§5.b. The term of the President of the Republic of Valruzia is fixed with the term of the Parliament (Parlament). If the term of the Parliament is shortened the termo the President is terminated.
§5.c. An individual, citizen of Valruzia, can serve as the President of the Republic of Valruzia for a maximum number of two consecutive 4-year terms.

Subsection II "On the Council of Ministers and the Government Administration - O Radzie Ministrów i Administracji Rządowej":

§1.a. The Council of Ministers shall be responsible for creation, conduction, and execution of both the internal and foreign policies of the Republic of Valruzia.
§1.b. The Council of Ministers shall manage the government administration.

§2.a. To the extent and in accordance with the principles specified by the Constitution and statutes, the Council of Ministers, in particular,
shall:

• ensure the implementation of statutes
• issue regulations,
• coordinate and supervise the work of organs of State administration
• protect the interests of the State Treasury
• adopt a draft State Budget
• supervise the implementation of the State Budget and pass a resolution on the closing of the State's accounts and report on the implementation of the Budget
• ensure the internal security of the State and public order
• ensure the external security of the State
• exercise general control in the field of relations with other States and international organizations
• conclude international agreements requiring ratification as well as accept and renounce other international agreements
• exercise general control in the field of national defense and annually
specify the number of citizens who are required to perform active
military service
• determine the organization and the manner of its own work

§2.b. Responsibilities given in the paragraph 2.a. are the exclusive competences of the Council of Ministers

§3.a. The Council of Ministers shall be composed of the President of the Council of Ministers (Premier, Prezes Rady Ministrów) and ministers (Ministrowie, Minister)

§4. The Prime Minister shall:

• represent the Council of Ministers;
• manage the work of the Council of Ministers;
• issue regulations;
• ensure the implementation of the policies adopted by the Council of Ministers and specify the manner of their implementation;
• coordinate and control the work of members of the Council of Ministers;
• exercise, within the limits and by the means specified in the Constitution and statute, supervision of local government.
• be the official superior of employees of the government administration.

Constitutional Amendment on the Creation of the Supreme Court of the Republic of Valruzia:

By virtue of this bill, the Constitution of the Republic of Valruzia shall be amended and supplemented by this amendment.

Article 1.

The following amendment established the Supreme Court of the Republic of Valruzia as the final court of appeal, the only institution entitled to expound statutory laws enacted by the Sejm, and the only institution entitled to confirm the legality of the general elections within the Republic of Valruzia.

Article 2.

Supreme Court is an organ of the judiciary, established to:

1) discharge the duties of judicature by:

a) ensuring the correctness, legality, compliance, and uniformity of the judgments of Valruzian common and military courts, analyzing appeal of cassation and when recommended adjudge the cessation of the judgments of common and military courts,

b) judgments in the conflicts with the legal interpretation,

2) confirming the legality of general elections: elections of the President of the Republic of Valruzia, elections to the Sejm and Senate of the Republic of Valruzia, as well as the legality of Statewide Referendum, and Constitutional Referendum,

3) performing the expoundation of the statutory laws enacted by the Sejm and Senate and pronouncing judgments on the statutory laws which later can be used by the Constitutional Tribunal of the Republic of Valruzia when performing the process of evaluation of the law for its constitutionality.

Article 3.

Supreme Court shall have its headquarters in the Capital City of Nowogard.

Article 4.

Supreme Court of the Republic of Valruzia shall be headed by the First President of the Supreme Court.

Article 4.a.

It shall be the prerogative of the President of the Republic of Valruzia to nominate an individual for the position of the First President of the Supreme Court. An individual shall be of unblemished character reference and exquisite knowledge of law. The Sejm of the Republic of Valruzia shall be responsible for the appoitnment of the First President of the Supreme Court with the majority of votes of the Sejm.

Article 4.b.

If the Sejm rejects the candidate for the First President of the Supreme Court presented by the President, the President may present another candidate for the position or may cede the right onto the Sejm which shall nominate the First President of the Supreme Court.

Article 5.

The Sejm is responsible for the nomination of the 15 Judges to the Supreme Court. The Sejm nominates and appoints the Judges with a majority of votes. 8 out of the 15 judges are appointed by the Government, 7 out of the 15 judges are nominated by the Opposition by a proportional method.

Article 6

Terms of the First President of the Supreme Court and Judges to the Supreme Court last 4 years and are renewable only once.

Article 7.

This is an amendment to the Constitution of the Republic of Valruzia and shall be enacted by constitutional majority of the Sejm. After the passage of this bill, it will, together with the Constitution of the Republic of Valruzia, form the Constitutional Law Order of the Republic of Valruzia.

Constitutional Amendment on the Nomination of Representatives to the World Congress:

By virtue of this bill, the Constitution of the Republic of Valruzia shall be amended and supplemented by this amendment.

Article 1.

It shall be the sole prerogative and responsibility of the President of the Council of Ministers (Prime Minister) to nominate and appoint the official representatives of the World Congress.

Article 2.

If the President of the Council of Ministers fails to nominate or prolonge the term of the representative to the World Congress, the Sejm or the President of the Republic shall appeal to the President of the Council of Ministers with request for nomination of the official representative of the Republic of Valruzia to the World Congress, but neither the President nor the Sejm can replace the President of the Council of Ministers in the procedure nomination or appointment of the official representative.

Article 3.

The President of the Council of Ministers of the Republic of Valruzia may cede this function to the Sejm or the President of the Republic, resign from the nomination and appointment of official representative and represent the Republic personally or through the Minister for Foreign Affairs. In all of the aforementioned cases the President of the Council of Ministers shall inform the Sejm of his decision.

Article 4.

This is an amendment to the Constitution of the Republic of Valruzia and shall be enacted by constitutional majority of the Sejm. After the passage of this bill, it will, together with the Constitution of the Republic of Valruzia, form the Constitutional Law Order of the Republic of Valruzia.

Proposals

Debate

These messages have been posted to debate on this bill:

Date00:32:11, April 27, 2018 CET
From Partia Koalicji Narodowej 🔵󠁎󠁎
ToDebating the RP (OOC): Constitution of the Republic of Valruzia 📜
MessageOOC: Archiving. I'm about to work on an improved, better version of these.

Date16:40:11, April 27, 2018 CET
From Sojusz Wolnych Demokratów
ToDebating the RP (OOC): Constitution of the Republic of Valruzia 📜
MessageOur legislature is bicameral ?

Date18:17:55, April 27, 2018 CET
From Partia Koalicji Narodowej 🔵󠁎󠁎
ToDebating the RP (OOC): Constitution of the Republic of Valruzia 📜
MessageOOC: Was, but we staged a referendum on the abolition of the Senate.http://particracy.wikia.com/wiki/4358_Valruzian_Constitutional_Referendum_on_Abolishment_of_the_Senate

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Voting

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yes
   

Total Seats: 274

no
 

Total Seats: 0

abstain
   

Total Seats: 191


Random fact: You can inactivate yourself on your User Page. You will then lose all your seats but your party account won't be deleted, and your party's Visibility ratings will not diminish. Reactivation can be requested in the "Reactivation Requests" thread in the Game Moderation section of the Particracy Forum.

Random quote: "The superior man, when resting in safety, does not forget that danger may come. When in a state of security he does not forget the possibility of ruin. When all is orderly, he does not forget that disorder may come. Thus his person is not endangered, and his States and all their clans are preserved." - Confucius

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