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Bill: RP BILL: Constitution of Hulstria and Gao-Soto

Details

Submitted by[?]: Free Social Union - Freie Sozialunion

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: July 4978

Description[?]:

We, the collective peoples of the Republic of Hulstria and Gao-Soto (Republik Hulsterreich und Gao-Soto, Harusutoria to Mikuni Kyōwakoku, ハルストリアと御國共和国) hereby declare on this day, April 14th of the year 4977 of the Common Era, that the peoples of Hulstria and Gao-Soto shall forever look and be driven towards the pursuit of freedom, equality, and peace among the lands of Hulstria and Gao-Soto and among the nations of Terra, forever abstaining from the furtherment of one race at the expense of another and from the threatening of peace in sovereign nations, as well as from the removal of governmental power to a person or body from the peoples of Hulstria and Gao-Soto, in accordance with the following laws:

CHAPTER I. The State
a. Hulstria and Gao-Soto shall be a unitary state, organized as a Republic.
b. The people of Hulstria and Gao-Soto shall hold Hulstria and Gao-Soto sovereign, and not a single leader of Hulstria and Gao-Soto, nor an alliance of leaders of Hulstria and Gao-Soto, nor a government of Hulstria and Gao-Soto.
c. Hulstria and Gao-Soto shall be divided into Provinces (Provinzen, Shū, 州), which shall themselves be divided into Districts (Distrikten, Chiku, 地区) and Municipalities (Gemeinden, Shichōson, 市町村) in a manner determined by law. The respective heads of each division shall be known as Governors (Gouverneure, Chiji, 知事), District Heads (Distriktleiter, Chiku-chō, 地区長) and Mayors (Bürgermeister, Shichō, 市長) and they each shall be elected by Citizens of Hulstria and Gao-Soto of a majority age. Provinces, Districts, and Municipalities shall each have their own courts and elected Diets.
d. Hulstria and Gao-Soto shall possess as its National Flag (Nationalflagge, Kokki, 国旗) a horizontal triband of white, purple, and green.
e. The National Languages of Hulstria and Gao-Soto shall be Dundorfian (Dundorfische), Kunikata (國語), and Hulstro-Mikun (ハルストロー・ミカニッシュ).
f. Hulstria and Gao-Soto shall be ruled by law and this constitution, which may be overturned by the National Diet with a simple majority vote.

CHAPTER II. The Executive Power
Article 1. The President
a. The President of Hulstria and Gao-Soto (Präsident von Hulsterreich und Gao-Soto, Harusutoria to Mikuni Daitōryō, ハルストリアと御國大統領) shall be the representative and symbol of the Republic and the unity of the Republic.
b. The President shall be elected every five years by the majority-age people of Hulstria and Gao-Soto, to no more than two terms, in a manner regulated by law. Upon election, a President-elect shall be inaugurated by swearing the following oath or pledge as administered by the Chief Justice of the Supreme Court (or, in the event of the unavailability of the Chief Justice, an Associate Justice designated by the Chief Justice):

I, (name), solemnly swear in the name of (chosen supreme diety) that I shall defend and uphold the Constitution of the Republic of Hulstria and Gao-Soto, and to protect the citizens of the Republic of Hulstria and Gao-Soto with, if necessary, my office and my life, as a servant of the people, by the people, and for the people.

or,

I, (name), solemnly pledge that I shall defend and uphold the Constitution of the Republic of Hulstria and Gao-Soto, and to protect the citizens of the Republic of Hulstria and Gao-Soto with, if necessary, my office and my life, as a servant of the people, by the people, and for the people.

c. The President must be a citizen of Hulstria and Gao-Soto, must be more than 35 years of age, and must be physically and mentally capable of serving as the President. The President may not have already served as President for two terms, may not be an Officer of the Armed Forces of Hulstria and Gao-Soto, may not be a serving member of the National Diet or any of the Provincial Diets, nor may he be a Prime Minister, national Minister, or an Officer of the Armed Forces of Hulstria and Gao-Soto.
d. The President shall appoint the Prime Minister; sign or not sign and thus veto bills proposed by the National Diet; open and close sessions of the National Diet; dissolve the National Diet and instigate a new election of the National Diet under extraordinary circumstances determined by law; participate in diplomacy by appointing diplomats, receiving foreign dignitaries, signing and thus concluding treaties and declarations of war ratified by the National Diet, and traveling abroad; and award honors to and pardon citizens of Hulstria and Gao-Soto as he sees fit.
e. The President shall be Commander-in-Chief of the Armed Forces of Hulstria and Gao-Soto.
f. If the President dies or resigns from the office of the President before the completion of their term, the Prime Minister shall assume the duties of the President as the Acting President of Hulstria and Gao-Soto (Amtierender Präsident, Harusutoria to Mikuni Daitōryō Daikō, ハルストリアと御國大統領代行) until the advent of the next election. If the Prime Minister loses the office of Prime Minister while still serving as Acting President, they will not lose the office of Acting President.
g. The President may not be charged with infractions or misdemeanors.
h. The President may be impeached by a supermajority vote of the National Diet for committing felonies or treasonous crimes, for becoming unable to fulfill their duties, or otherwise no longer meeting the criteria for election.

Article 2. The Prime Minister and the Cabinet
a. The Prime Minister of Hulstria and Gao-Soto (Premierminister von Hulsterreich und Gao-Soto, Harusutoria to Mikuni Shushō, ハルストリアと御國首相) shall be the head of the government of Hulstria and Gao-Soto and shall be the representative and symbol of the Republic.
b. The Prime Minister shall be held responsible to enforce laws passed by the National Diet and signed by the President.
c. Upon the opening of a session of the National Diet, the National Diet will elect from among its Members the Prime Minister. The Prime Minister will continue to participate in the National Diet as a Member.
d. The Prime Minister, upon their election, shall be appointed by the President to the office of the Prime Minister.
e. The Prime Minister shall, upon their appointment, appoint from among the adult, physically and mentally capable citizens of Hulstria and Gao-Soto people who shall each serve as a Minister (Minister, Daijin, 大臣) in the Prime Minister's Cabinet.
f. Upon the appointment of the Ministers, the Prime Minister shall designate a Minister to serve as Acting Prime Minister (Amtierender Premierminister, Harusutoria to Mikuni Shushō Daikō, ハルストリアと御國首相代行) in the event of the Prime Minister's resignation or death prior to an election of the Prime Minister.
g. If both the Prime Minister and the Minister designated to be Acting Prime Minister have died or resigned before the scheduled election of the next Prime Minister, then the National Diet shall elect a new Prime Minister early.
h. The Prime Minister may not be charged with infractions or misdemeanors.
i. The Prime Minister may be impeached by a simple majority vote of the National Diet, without the participation of the Prime Minister, for committing felonies or treasonous crimes, or for becoming unable to fulfill their duties.

CHAPTER III. The National Diet
Article 1. The National Diet, its Composition, and the President of the National Diet
a. The National Diet (Nationalversammlung, Kokkai, 国会) is the national legislature of the Republic of Hulstria and Gao-Soto.
b. There shall be 750 Members of the National Diet (Mitglied des Nationalversammlung, Kokkai Giin, 国会議員), of an equal number from each Province. Each Province shall be divided into Electoral Constituencies (Wahlkreise, Senkyo-ku, 選挙区), which shall each be represented by one Member.
c. A Member of the National Diet must be an adult who is mentally capable of fulfilling their duties as a Member of the National Diet and is not an Officer of the Armed Forces of Hulstria and Gao-Soto.
d. A Member of the National Diet may not be charged with infractions.
e. A Member of the National Diet may be impeached by referendum of their Constituency, for committing misdemeanors, felonies, or treasonous crimes, becoming unable to fulfill their duties, or otherwise no longer meeting the criteria for election. An Acting Member of the National Diet will subsequently be elected and will assume the duties of the impeached Member until the closing of the National Diet.
f. Every five years, general elections for the National Diet shall be held among the majority-age people of Hulstria and Gao-Soto in a manner regulated by law, where voters vote for fellow citizens of their respective electoral constituencies. The candidates with the most votes shall become Members of the National Diet. The number of candidates among those voted for shall depend on the number of Provinces in a manner dictated by law.
g. A President of the National Diet (Nationalversammlungpräsident, Kokkai Sōsai, 国会総裁) shall be elected by the Members of the National Diet from among them upon the opening of the National Diet, or upon the death or resignation of a President of the National Diet prior to the closing of the National Diet.
h. The President of the National Diet must be at least 30 years of age, be physically and mentally capable of serving as the President of the National Diet, and not be a member of any political party - or, if they were a member of a political party at the time of their election, must leave that party until the closing of the National Diet. They must have never served as President of Hulstria and Gao-Soto, Prime Minister, or Minister, and must not have served a Governor or as a Minister of a Province less than five years prior.
i. The President of the National Diet shall maintain order among the Members of the National Diet during sessions of the National Diet.

Article 2. Sessions of the National Diet
a. The President of Hulstria and Gao-Soto shall close each session of the National Diet the day prior to the general elections for the National Diet. All Members of the National Diet shall resign upon the closing of the session.
b. The President of Hulstria and Gao-Soto shall open each session of the National Diet the day after the general elections for the National Diet.

Article 3. Legislatural Procedure of the National Diet
a. Any Member of the National Diet may propose a bill at any point during a session of the National Diet.
b. At least half of all Members of the National Diet who vote on a bill must vote in favor for it to pass, and at least half of all Members of the National Diet who vote on a bill must vote against it for it to fail. In all circumstances, the quorum of the National Diet must be one-third of its overall membership.
c. If the bill contains a constitutional amendment, at least two thirds of the Members of the National Diet must vote in favor of it to pass, and at least one third of the Members of the National Diet must vote against it for it to fail,
d. In the event that there is a tie, the President of the National Diet shall cast a tiebreaking vote.
e. If a bill is passed and signed by the President within seven days of its passing, the bill will become law. If it is not signed within seven days of its passing, it will be vetoed and thus will be sent back to the National Diet for destruction or revision and resubmission.

CHAPTER IV. The Judiciary
Article 1. The Supreme Court and its Justices
a. The Supreme Court (Oberster Gerichtshof von Hulsterreich und Gao-Soto, Harusutoria to Mikuni Saikōsaibansho, ハルストリアと御國最高裁判所), is the highest judiciary body in the country and shall interpret the Constitution when appealed.
b. The Supreme Court shall be composed of six Associate Justices (Richter, Baiseki Hanji, 陪席判事) and one Chief Justice (Oberster Richter, Shuseki Hanji, 首席判事). The six Associate Justices and the Chief Justice shall, after hearing arguments in favor of and against a given ruling in a manner dictated by law, shall vote on a ruling, and the Chief Justice shall then declare what the ruling shall entail.
c. Upon the death, resignation, or impeachment of a Justice, the President may nominate a replacement who is more than 30 years of age and has been a Judge in the service of the Republic or its administrative divisions.
d. The President's nominee may then be confirmed by the National Diet in a bill. If the nominee is confirmed, they will fill the empty seat of the Supreme Court. If the nominee is not confirmed, then the nominee will be rejected and the President may nominate another replacement.
e. The nominee, upon confirmation, must depart from their political party, if any.
f. The nominee shall, upon confirmation, swear this oath or pledge as administered by the President of the National Diet:

I, (name), solemnly swear in the name of (chosen supreme diety) that I shall defend and interpret the Constitution of the Republic of Hulstria and Gao-Soto with truth and justice never failing to occupy the place of highest precedence in my mind, and to protect the Constitution of the Republic of Hulstria and Gao-Soto with, if necessary, my office and my life, as a servant of the people, by the people, and for the people.

or,

I, (name), solemnly pledge that I shall defend and interpret the Constitution of the Republic of Hulstria and Gao-Soto with truth and justice never failing to occupy the place of highest precedence in my mind, and to protect the Constitution of the Republic of Hulstria and Gao-Soto with, if necessary, my office and my life, as a servant of the people, by the people, and for the people.

g. The Justices may be impeached by a simple majority vote of the National Diet for committing felonies or treasonous crimes, for becoming unable to fulfill their duties, or otherwise no longer meeting the criteria for nomination and confirmation.

Article 2. Procedure of Appeal
a. Any citizen of Hulstria and Gao-Soto may appeal for a law, part of a law, or other governmental decision, executive, legislatorial, and judicial, or a private decision to be struck down by the Supreme Court on constitutional grounds.
b. The Justices then shall vote on whether or not to accept the appeal.
c. The Justices shall then hear arguments from arguments in favor of and opposed to the striking down of the decision on constitutional grounds.
d. After hearing sufficient arguments, the Justices will then deliberate on their verdict for seven days.
e. After deliberating for seven days, the Justices shall deliver a verdict, expressed by the Chief Justice. That verdict shall become Common Law.
f. Supreme Court verdicts are among those decisions that may be appealed against.

Article 3. Lower-Level Courts
There shall be various courts on the national, provincial, and district/municipality level for appeals and the hearing of civil and criminal suits.

CHAPTER V. The People of Hulstria and Gao-Soto
Article 1. Citizenship in Hulstria and Gao-Soto
a. A Citizen of Hulstria and Gao-Soto (Bürger von Hulsterreich und Gao-Soto, Harusutoria to Mikuni no Shimin, ハルストリアと御國の市民) is a person born in Hulstria and Gao-Soto, or someone who was born to parents who were Citizens of Gao-Soto, or a foreigner who has applied for citizenship in a manner regulated by law.
b. A Citizen of Hulstria and Gao-Soto may revoke their Citizenship for any reason. The parents of someone to be born in Hulstria and Gao-Soto may have or may not have their unborn child be designated a Citizen of Hulstria and Gao-Soto upon birth.
c. A Resident of Hulstria and Gao-Soto (Einwohner von Hulsterreich und Gao-Soto, Harusutoria to Mikuni no Kyojū-sha, ハルストリアと御國の居住者) is a foreigner who is residing in Hulstria and Gao-Soto legally without citizenship.
d. Matters concerning Citizens and Residents shall be regulated by law.

Article 2. Rights of the People of Hulstria and Gao-Soto
a. Citizens of Hulstria and Gao-Soto shall have the right to live except in the most grievous of criminal and legal circumstances, and shall have the right to perpetuate life by procreation.
b. Citizens of Hulstria and Gao-Soto shall have the right to free speech; the right to assembly and the right to express opinions. The government, national, provincial, district, or municipal, shall not charge or convict Citizens for making certain statements. The manner in which Citizens shall express their opinions shall be regulated by law
c. Citizens of Hulstria and Gao-Soto shall have the right to peacefully practice their creed or lack of it, and to express their culture, and to express gender identity, and to express sexuality, without the government, national, provincial, district, or municipal, charging or convicting them for doing so.
d. No Citizen of Hulstria and Gao-Soto may be discriminated against on the basis of their race. No race may be benefited at the expense of another.
e. Citizens of Hulstria and Gao-Soto shall have the right to choose their usage of technology, and their education, and their employment, and their location of residence, and to leave and return to Hulstria and Gao-Soto.
f. Citizens of Hulstria and Gao-Soto shall have the right to be healthy and to receive medical care of some form.
g. Citizens of Hulstria and Gao-Soto of a majority age and meeting other criteria determined by law shall have the right to keep and bear arms in a manner regulated by law, for the sole purposes of sport, and for the legal hunting of wild creatures, and for self defense against the criminal element, and for the defense of the state from those who are at war with the state.
h. Citizens of Hulstria and Gao-Soto shall have the right to arrest known, untried criminals even if not a member of the judiciary.
i. Citizens of Hulstria and Gao-Soto of a majority age determined by law shall have the right to vote for those campaigning for political office. All eligible Citizens of Hulstria and Gao-Soto shall have the right to campaign to hold political office.
j. Legally eligible Citizens of Hulstria and Gao-Soto of a majority age shall have the right to join the Armed Forces of Hulstria and Gao-Soto, and simultaneously shall not be obligated to join the Armed Forces of Hulstria and Gao-Soto except under the most grievous circumstances regarding the security of the state.
k. The above rights may not be infringed upon, but they may be regulated by law.

Article 3. Duties of the People of Gao-Soto
a. No Citizens of Hulstria and Gao-Soto of a majority age are exempt from the paying of taxes.
b. All Citizens of Hulstria and Gao-Soto must obey the law.
c. All Citizens of Hulstria and Gao-Soto under a majority age must receive some form of education prior to their reaching the majority age, with the sole exception of those facing the most outstanding circumstances.
d. When swearing or pledging to tell the truth in court or upon facing impeachment, Citizens of Hulstria and Gao-Soto shall be bound by that oath or pledge to tell the truth.
e. All Citizens of Hulstria and Gao-Soto must refrain from obstructing fair democratic processes.
f. All Citizens of Hulstria and Gao-Soto must contribute to the defense of the state upon the issuing by the President of a Declaration of Emergency of National Integrity.
g. No Citizen of Hulstria and Gao-Soto may willfully aid the efforts of a foreign adversarial power against the State.
h. The above duties are binding, but their extent and specifics may be specified by law. Additional duties may be imposed by law

CHAPTER VI. The Armed Forces of Hulstria and Gao-Soto
a. The Armed Forces of Hulstria and Gao-Soto (Streitkräfte von Hulsterreich und Gao-Soto, Harusutoria to Mikuni no Guntai, ハルストリアと御國の軍隊) shall be the Armed Forces of the Republic.
b. The Armed Forces of Hulstria and Gao-Soto may not be used for any purpose other than the furthering of peace at home and abroad.
c. The President of Hulstria and Gao-Soto shall hold supreme command over the Armed Forces of Hulstria and Gao-Soto, but shall in that position only give it broad strategic direction. The Officers of the Armed Forces of Hulstria and Gao-Soto shall retain operational command over the formations for which they are responsible.
d. The Armed Forces of Hulstria and Gao-Soto shall remain under the auspices and supervision of a civilian Ministry as well as that of the National Diet.

Proposals

Debate

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Voting

Vote Seats
yes
  

Total Seats: 268

no

    Total Seats: 0

    abstain

      Total Seats: 0


      Random fact: Cultural Protocol bills must provide a real-life equivalent or short description for the ethnic groups, languages and religions contained in them, such that it would be easy for an unfamiliar player to understand (e.g. "Dundorfian = German"). Where appropriate, they should also provide guidance to players on where to find help with translations and character names. This might include, for example, links to Google Translate, Behind the Name's Random Name Generator and Fantasy Name Generators.

      Random quote: "One day our descendants will think it incredible that we paid so much attention to things like the amount of melanin in our skin or the shape of our eyes or our gender instead of the unique identities of each of us as complex human beings." - Franklin Thomas

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