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Bill: (RP) Constitution of the Istalian Republic (5315)
Details
Submitted by[?]: Fronte Rivoluzionario Istaliano
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: May 5317
Description[?]:
| CONSTITUTION OF THE ISTALIAN REPUBLIC CHAPTER I ON THE ISTALIAN REPUBLIC 1. The Istalian Republic is a democratic state subject to the rule of law and which recognize as its most highest values the principles of liberty, justice, equality, solidarity, tollerance and political pluralism. 2. National sovereignty is vested in the Istalian people who exercise it in the forms and within the limits of the Constitution. 3. The political form of the Istalian Republic is that of a federal parliamentary republic. The federal state of the Istalian Republic is made up of two Federal Communities, the Sarrentine Federal Community and the Federal Community of Alaria. Futher recognized sub-division are the five regions of Fidelia, Trivendito, Ferano, Nicoma and Cisavugli, which powers and competences shall be determined by the Federal Communities in agreement with the Government. Communities and regions, the latter in agreement with the respective Federal Community, can anytime determine their own name and official designation. 4. The Istalian Republic is a one and indivisible. It recognises and guarantees the right to autonomy of the federal communities and of the regions of which they are composed, and the solidarity amongst them all. 5. Istalian, also known as Fidelian although the official name shall be the former, is the official language of the State. All Istalians have the duty to know it and the right to use it. The other Istalian languages (Trivenditan, Feranese, Nicomese, Cisivuglian) can also be official in the respective autonomous communities and regions and citizens within their communities and regions have the right to use it. It is recognized official status also to the Majatran language and citizens have the right to use it. The Istalian languages and the Majatran language are part of the cultural heritage which shall be subject to special respect and protection. 6. The flag of the Istalian Republic is a horizontal tricolour of, from above to below, green, white and red. The white stripe is larger than the green and red ones, has in the center the Coat of Arms of the Republic and it is bordered by two thinner blue stripes slightly separated from the green and red bands. The autonomous communities and the regions may recognise flags and ensigns as per their statutes. These shall be used together with the flag of Istalia on their public buildings and in their official ceremonies. 7. The Executive and Legislative Capital of the Istalian Republic is the city of Romula, hosting the Presidential seat and the seats of the executive and legislative power. The city of Caleon is the Judiciary Capitale, hosting the seat of the judiciary power. Federal communities and regions have their capital cities as per their statutes. 8. Any citizen of Istalia have the right to freely establish parties to contribute to determining national policies through democratic processes in the forms and within the limits of the Constitution and the law. Political parties are the expression of political pluralism, they contribute to the formation and expression of the will of the people and are a fundamental instrument for political participation. Their internal structure and operation must be democratic. 9. The Armed Forces have the mission to guarantee the sovereignty and the independence of the Istalian Republic, to defend its territorial integrity and the constitutional order. The basic structure of military organisation shall be regulated by the law in accordance with the principles of the Constitution. CHAPTER II THE PRESIDENT 10. The President of the Istalians is the Head of State and the symbol of its unity. It assumes the highest representation of the Istalian Republic in international relations. 11. The person of the President is inviolable and shall not be held accountable. His acts shall always be countersigned by the Prime Minister and where appropriate by the competent ministers. Those countersigning the acts of the President shall be liable for them. Without countersignature His acts shall not be valid. 12. The Presidential seat is democratically elected by the Istalians every 48 months, on the same occasion as the parliamentary elections. 13. The President has the right to be informed regarding affairs of State and, for this purpose, to preside over the meetings of the Council of Ministers whenever he deems opportune, at the request of the Prime Minister. The President, with the advice and approval of the Council of Ministers, has the duty to perform the following acts in matters of state on behalf of the people: Promulgation of amendments of the constitution, laws, Government orders and treaties. Call of a referendum in the circumstances provided in the Constitution. Convocation of the Parliament. Dissolution of the Parliament. Proclamation of general election of members of the Parliament. Appointment of the Prime Minister as designated by the Chamber of Deputies. Appointment and dismissal of Ministers and other members of the Government on the proposal of the Prime Minister. Appointment of the presidential-appointed judges of the Constitutional Court in accordance with the constitution and the law. Express the State's assent to the entering into of international commitments through treaties in conformity with the Constitution and Law. Declare war and make peace following authorization of the Parliament. Attestation of full powers and credentials of Ambassadors and Ministers. Attestation of general and special amnesty, commutation of punishment, reprieve, and restoration of rights. Awarding of civil and military positions, honors and distinctions in conformity with the law. Attestation of instruments of ratification and other diplomatic documents as provided for by law. Receiving foreign ambassadors and ministers. Performance of ceremonial functions. 14. In case of the President should decide to resign, an Act of Resigns shall be signed by the President in front of three witnesses and countersigned by the Prime Minister after approval through special law by part of the Parliament in joint session. CHAPTER III THE PARLIAMENT OF THE ISTALIAN REPUBLIC 15. The Parliament of the Istalian Republic, hereinafter referred to as the Parliament, is the legislative body of the State. It consists of a lower House, called Chamber of Deputies, and an upper House, called Federal Council, which respective powers and competents are established by the Constitution. The Parliament exercises the legislative power of the State, approve its Budget, control Government action and hold all the other powers vested in it by the Constitution exercising them accordingly. The Parliament shares with the Government the right of legislative initiative. 16. The Chamber of Deputies shall represents the entire People of Istalia. The Federal Council shall represent the two Constituent Communities. The Chamber of Deputies shall consists of elected Deputies and the Federal Council shall consists of elected Councilors. The number of members of each House shall be fixed by the law. Deputies and Councilors shall be elected by universal, free, equal, direct and secret suffrage, under the terms established by the law. All Istalians who are entitled to the full exercise of their political rights are electors and eligible for election. No person shall be permitted to be a member of both House simultaneously. Membership in both Houses shall be incompatible with the following positions: Member of the Constitutional Court. Holder of State administrative offices. Magistrate, Judges and Public Prosecutors when in office. Professional soldiers and members of the Security and Police Forces and Corps on active duty. Members of electoral commissions. Membership in the Federal Council shall be incompatible with any position within the Government. 17. The Chamber of Deputies and the Federal Council are equally competent with respect to the following matters: Constitutional laws and laws that amend the Constitution. Laws approving treaties. Laws affecting the Communities' budgetary revenue. Laws affecting the administrative jurisdiction of the Communities. Laws primarily dealing with the organization of communities and region. Laws relating to the organizations of the courts. Laws approving cooperation agreements between the State and the Communities. Resolutions to declare war and make peace. All other powers and competences recognized by the Constitution to the Parliament are exercised by the Chamber of Deputies. The Federal Council has the right to ask within thirty (30) days the revision of any law by part of the Chamber of Deputies with a reasoned request and has the right to accompany it with suggestions and proposals for changes. The Chamber of Deputies has the duty to discuss the proposed revision by the Federal Council but is obliged to proceed with a second vote only if one fourth (1/4) of the members of the Assembly request it. 18. The term of each House shall be fixed by the law. The term of office of the Deputies and Councilors ends at the natural expiration of the term of each House or on the day that the Parliament is dissolved. When the Parliament is dissolved, both the Houses shall be dissolved and there must be a general election within thirty (30) days from the date of dissolution. 19. Elections shall take place thirty (30) days after the end of the previous term of office. The Parliament so elected must be convened within thirty (30) days following the holding of elections. Electoral districts, method of voting and other matters pertaining to the method of election of Deputies and Councilors shall be fixed by the law. The electoral system of the Councilors can be determined autonomously, jointly or separately, by the Constituent Communities, however, always respecting the provisions of the Constitution and the law. 20. Each House establishes its own rules pertaining to meetings, proceedings and internal discipline, it adopts its budget autonomously and regulate its personnel statutes. In each House the standing orders and any alteration thereof shall be subject in their entirety to a final vote, which shall require absolute majority. 21. Each House shall select its President and other officials. Election, powers and role of the Presidents shall be fixed by the law accordingly to the provisions of the Constitution. The President of each House exercise on behalf of the latter all administrative powers and disciplinary functions. 22. Each House shall meet annually at least for two ordinary sessions. The Houses may meet in extraordinary session at the request of the Government or of the absolute majority of members of each House. Extraordinary sessions must be convened with a specific agenda and shall be adjourned once has been dealt with. The Parliament shall convene the Houses in joint session in the cases provided by the Constitution. 23. Each House may delegate to Committees the approval of governmental or non-governmental bills. However, the Plenum of each House may at any time demand a debate and vote on any governmental or non-governmental bill which has been the object of this delegation. However, constitutional reform, international affairs, special and basic laws, the State Budget and other budgetary matters cannot be delegate. 24. Each House may conduct investigations in relation to government, and may demand the presence and testimony of witnesses, and the production of records. The Prime Minister and other Ministers may, at any time, appear in each House for the purpose of speaking on bills. They must appear when their presence is required in order to give answers or explanations. 25. Deliberation in Chamber of Deputies and Federal Council shall be public. However, in each House a secret meeting may be held where a majority of two-thirds or more of those members present passes a resolution therefor. Each House shall keep a record of proceedings. These records shall be published and given general circulation, excepting such parts of proceedings of secret session as may be deemed to require secrecy. In each House upon demand of one-fifth or more of the members present, votes of the members on any matter shall be recorded in the minutes. 26. Only the Chamber of Deputies may delegate to the Government the power to issue rules with the force of law on specific matter expect for constitutional laws, special laws, general electoral system and any other matters requiring equal competence for the Federal Council. Legislative delegation must be expressly granted to the Government for specific purposes and with a fixed time limit for its exercise. CHAPTER IV THE GOVERNMENT 27. Executive power shall be vested in the Prime Minister of the Istalian Empire, hereinafter referred to as Prime Minister, and the Council of Ministers of the Istalian Empire, hereinafter referred to as Council of Ministers. The Council of Ministers shall consist of the Prime Minister, who shall be its head, and other Ministers, as provided for by law. The Prime Minister and other Ministers must be civilians. The Council of Ministers, in the exercise of executive power, shall be collectively responsible to the Chamber of Deputies. 28. The Prime Minister shall be designated by a resolution of the Chamber of Deputies presented by the President of the Chamber of Deputies after consultation with the political forces into the Chamber of Deputies. The President shall appoints the designated Prime Minister and Council of Ministers according to the resolution of the Chamber of Deputies. This designation shall precede all other business. The Prime Minister shall designate the Ministers of the Council of Ministers to be presented by the President of the Chamber of Deputies and appointed by the President. The Prime Minister may remove the Ministers as he chooses. Membership of Prime Minister and Ministers to the Chamber of Deputies shall be fixed by the law. 29. If the Chamber of Deputies passes a non-confidence resolution, or rejects a confidence resolution, the Council of Ministers shall resign en masse, unless the Chamber of Deputies is dissolved within 30 (30) days. When there is a vacancy in the post of Prime Minister, or upon the first convocation of the Chamber of Deputies after a general election, the Council of Ministers shall resign en masse. In the aforementioned cases the Council of Ministers shall continue its functions until the time when a new Prime Minister and Council of Ministers are appointed. 30. The Prime Minister and the Ministers submits bills, reports on general national affairs and foreign relations to the Parliament and exercises control and supervision over various administrative branches. The Council of Ministers, in addition to other general administrative functions, shall perform the following functions: Administer the law faithfully. Conduct affairs of state. Manage foreign affairs. Conclude treaties. However, it shall obtain prior or, depending on circumstances, subsequent approval of the Parliament. Administer the civil service in accordance with standards established by law. Prepare the State budget and present it to the Chamber of Deputies. Enact Council of Ministers' orders in order to execute the provisions of this Constitution and of the law. However, it cannot include penal provisions in such Council of Ministers' orders unless authorized by such law. Decide on general amnesty, special amnesty, commutation of punishment, reprieve, and restoration of rights to be submitted to the President for attestation. 31. All laws presented to the Parliament in initiative of the Government shall be signed by the competent Minister and countersigned by the Prime Minister. 32. The Ministers, during their tenure of office, shall not be subject to legal action without the consent of the Prime Minister. However, the right to take that action is not impaired hereby. CHAPTER V THE JUDICIARY 33. Justice emanates from the people and is administered on behalf of the President by Judges and Magistrates of the Judiciary who shall be independent, irremovable, and liable and subject only to the rule of law. Judges and Magistrates may only be dismissed, suspended, transferred or retired on the grounds, and subject to the guarantees provided by law. 34. The exercise of judicial authority in any kind of action, both in passing judgment and having judgments executed, lies exclusively within the competence of the Courts and Tribunals established by the law, in accordance with the rules of jurisdiction and procedure which may be established therein. 35. The principle of jurisdictional unity is the basis of the organisation and operation of the Courts. The law shall regulate the exercise of military jurisdiction strictly within military limits and in cases of state of siege (martial law), in accordance with the principles of the Constitution. Courts of exception are prohibited. 36. The Judiciary is a branch that is autonomous and independent of all other powers. The High Council of the Judiciary is the governing body of Judiciary and shall consist of 27 members among whom the President of the Supreme Tribunal of Cassation, who shall preside it, and the Chancellor of the Republic representing the President. About the other members one fifth (1/5) are appointed by the President, three fifth (3/5) are elected by all the ordinary judges belonging to the various categories, two fifth (2/5) are elected by Parliament in joint session among university professors of law and lawyers with fifteen years of practice. The Council elects a vice-president from among those members designated by the Parliament. Elected members of the Council remain in office for four years and cannot be immediately re-elected. They may not, while in office, be registered in professional rolls, nor serve in Parliament or on a Regional Council. 37. the Ministry of Justice handles the administration of courts and judiciary, including paying salaries or constructing new courthouses, that the Ministry of Justice and that of the Infrastructures fund and the Ministry of Justice and that of the Interiors administer the prison system and lastly that the Ministry of Justice receives and processes applications for Imperial pardons and proposes legislation dealing with matters of civil or criminal justice. 38. The High Council of the Judiciary in accordance with the regulations of the Judiciary, has jurisdiction for employment, assignments and transfers, promotions and disciplinary measures of judges. 39. The Supreme Tribunal of Cassation is the highest judicial body and highest court of appeal in Istalia except with regard of Constitutional matters. The President of the Supreme Tribunal of Cassation shall be appointed by the President, on being proposed by the High Council of the Judiciary, in the manner to be established by the law. 40. The Council of State and the other bodies of judicial administration have jurisdiction over the protection of legitimate rights before the public administration and, in particular matters laid out by law, also of subjective rights. The Court of Accounts has jurisdiction in matters of public accounts and in other matters laid out by law. Military tribunals in times of war have the jurisdiction established by law. In times of peace they have jurisdiction only for military crimes committed by members of the armed forces. 41. Judges and Magistrates, as well as Public Prosecutors, whilst actively in office, may not hold other public office nor belong to political parties or trade unions. The law shall lay down the system and methods of professional association for Judges, Magistrates and Prosecutors. The law shall establish the system of incompatibilities for members of the Judiciary, which must ensure their total independence. 42. The Constitutional Court of the Istalian Republic is the highest court of Istaly in matters of constitutional law. The Constitutional Court shall pass judgement on: Controversies on the constitutional legitimacy of laws and enactments having force of law issued by the State and Communities and Regions. Conflicts arising from allocation of powers of the State and those powers allocated to State and Communities and Regions, and between Regions. Charges brought against the President, according to the provisions of the Constitution. 43. When the Court declares a law unconstitutional, the law ceases to have effect the day after the publication of the ruling. The decision of the Court shall be published and communicated to Parliament and the Communities and Regional Assembly concerned, so that, wherever they deem it necessary, they shall act in conformity with constitutional procedures. No appeals are allowed against the decision of the Constitutional Court. 44. The Constitutional Court shall be composed of fifteen (15) judges appointed by the President. Of these a three (3) shall be nominated by the President, a six (6) by Parliament in joint session and a six (6) by the ordinary and administrative supreme courts, in the manner to be established by the law. The members of the Constitutional Court shall be appointed from amongst Magistrates and Prosecutors, University professors, public officials and lawyers, all of whom must be jurists of recognised standing with at least fifteen years’ experience in the professional exercise. 45. Judges of the Constitutional Court shall be appointed for nine years, beginning in each case from the day of their swearing in, and they may not be re-appointed. At the expiry of their term, the constitutional judges shall leave office and the exercise of the functions thereof. The Court shall elect from among its members, in accordance with the rules established by law, a President, who shall remain in office for three years and may be re-elected, respecting in all cases the expiry term for constitutional judges. 46. The President can be accused for functional crimes of high treason and attack on the Constitution. In this case, the President is indicted by the Parliament by a vote requiring an absolute majority of members, and judged by the Constitutional Court, integrated in its composition by 16 members drawn by lot from a list of 45 elected by the Parliament in joint session every 9 years among citizens who qualify for eligibility as deputies. CHAPTER VI TRANSITIONAL PROVISIONS A. With the oath of the President of the first President of the officially Seventh Istalian Republic, the last Emperor of the Third Istalian Empire shall abdicate passing officially the functions of head of state to the President. B. Until the first elections under the Republican Constitution the Chamber of Deputies shall continue to act and be recognized as legitimate legislative body of the State. C. The Federal Council shall be elected and convened with the first elections under the Republican Constitution. D. Until the implementation of the provisions within the Republican Constitution, the bodies of the Judiciary Power of the Istalian Empire shall continue to act and be recognized as legitimate Judiciary bodies of the State. OOC: the nation shall be renamed "Repubblica Istaliana (Istalia)" |
Proposals
Debate
These messages have been posted to debate on this bill:
| Date | 00:58:10, June 12, 2023 CET | From | Fronte Rivoluzionario Istaliano | To | Debating the (RP) Constitution of the Istalian Republic (5315) |
| Message | OOC: I'll leave this for three IRL days, it was necessary as we did a step into a republican form of state; tell me if there's some error or anything else. |
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Voting
| Vote | Seats | |||
| yes |
Total Seats: 450 | |||
| no | Total Seats: 0 | |||
| abstain | Total Seats: 0 |
| Random fact: Large scale RP planning (such as wars, regional/continental conflicts, economic collapse, etc.) should be planned (as best as it can be) and should have consent of a majority of players involved. |
| Random quote: "One of the greatest delusions in the world is the hope that the evils in this world are to be cured by legislation." - Thomas B. Reed |