by Max Barry

Latest Forum Topics

Advertisement

1

DispatchFactbookLegislation

by Sawra. . 38 reads.

Third Constitution of Lisseum



Constitution of Lisseum


Preamble



WE, the sovereign people of Lisseum, having solemnly resolved to constitute our region into a sovereign, secular, democratic parliamentary republic and to ensure its citizens all the freedoms, rights and liberties; ordain and establish this constitution.


Section I - Fundamental Rights and Freedoms


Article 1

All citizens of the each Member Regions of the Union shall be entitled to the freedom of opinion, which shall not be hindered by policy or legislation created by the Union or a Member Region. The freedom of opinion shall be extended and not limited to the freedom of free press. The Union shall encourage Member Regions to promote and facilitate Freedom of opinion as a fundamental pillar of democracy.

Article 2

the Right of a Free and fair trial shall is a central right enshrined in a judicial state. The right for any accused to stand and defend its case in a fair and unbiased trial shall be enshrined by the Union. All citizens will have the right to have access to a Court.

Article 3

the Right and Freedom to elect their representatives and leaders in a fair and free election in a democratic system shall be enshrined in the Charter and defended by the Union. Appropriate Legislation from the Member Regions or the Union have to maintain and protect the integrity of the electoral process.

Article 4

the Right and Freedom to participate and organisation or to affiliation with a group are social rights and freedoms defended by the Union and the Member Regions. This freedom cannot be infringed by the Member Region of the Union unless when a group of organisation poses a threat of security, on which the law has defined as such.


Section II - the EXECUTIVE

Article 5

the Executive power of the state shall be vested in the Office of Prime Minister and in the Cabinet of Ministers. The Prime Minister shall be the Head of State, and Head in Government of the Cabinet, the Prime Minister shall be the Chief Commander of the Armed Forces during War times.

Article 6

the Prime Minister and Cabinet are appointed by a majority of votes in the Legislative Assembly. During a vote of confidence in the Cabinet and in the Prime Minister which has to occur after every general election.

Article 7

The Prime Minister as Head in Government shall nominate each Minister at his own discretion, and can dismiss any Minister at any time and on his own terms. However the Cabinet as a whole needs to be approved in a single vote of confidence by the Legislator, this with a simple majority of votes. Cabinet Offices can be created at will by the Prime Minister or be installed by Law in the Assembly

Article 8

the executive Cabinet Ministers shall have the right to initiate before the Legislative Assembly a "legislative project", which shall be seen as a legislative initiative or proposal originating from the executive branch.

Article 9

The Prime Minister can be impeached as individual by the Legislator in a vote of impeachment during a simple majority vote. Cabinet members cannot be impeached individually, only in a vote of no-confidence by the Legislative chamber towards the whole Cabinet. The Prime Minister can dismiss any Minister individually or collective at his own discretion.

Article 10

when the executive office of the Prime Minister has no clear successor for more than 14 days, elections are triggered, and the Legislative Assembly is dissolved. During sede vacante a most Senior Minister appointed by the Cabinet shall observe the duties of the Prime Minister. The Prime Minister observes always any vacant Ministerial office.


Section II - the LEGISLATIVE


Article 11

the Power to enact and adopt legislation in Lisseum shall be vested in the Legislative Assembly as the legislative branch of government, where regular legislation is adopted by a simple majority of votes.

Article 12

the Legislative Assembly shall be composed of members elected in General elections, which shall be organised every 4 months. the Election shall by organised as is defined by electoral law, or if the default applies by a proportional individual voting system.

Article 13

the Legislative Assembly can dissolve itself with an absolute majority vote of members and call for immediate elections following the dissolved of the Assembly.

Article 14

the Assembly shall have a Speaker, appointed by a majority of its members, and among its members. the Speaker can at any time be replaced by the Assembly with a simple majority vote.

Article 15

the amount of seats and the distribution of it in the Legislative Assembly shall be determined by electoral law, or when the default applies an amount of 5 members including the Speaker. Elections must be organised and overseen by an impartial and independent institution or individual as shall be determined by electoral law. the default shall be that the Supreme Court shall organise these elections or a by the citizens consented neutral person if no justice exist.



Section III - The JUDICIARY


Article 16

the Judicial authority in Lisseum shall be vested in the Supreme Court, composed of appointed justices. the Supreme Court is empowered to conduct civil, criminal trails and evaluate any law or regulation on its constitutionality in a constitutional inquiry.

Article 17

the Court shall be made of an uneven number of justices, where one Prime Justice shall be elected among the justices and by the justices themselves to manage the Supreme Court. all justices are appointed by the Legislative Assembly in a two third majority vote after the nomination of executive government.

Article 18

the Supreme Court shall organise itself independent and without interference from the other branches of government, the Legislator remains in right to determine by law the amount of justices seating in the Supreme Court by a two third majority vote.

Article 19

Any justice cannot combine any other government or public office or function besides the judiciary function. all Justices will hold their office for a tenure of one year, from the date of appointment.

Article 20

A justice is supposed to judge over trials and cases in absolute impartiality and with the highest regard of objectivity. Each justice when appointed shall be record as either, a conservative or progressive judge in its reading and interpretation of the law. Justices are furthermore required to denounce any and all previous political affiliation.


Section IV - EXTRAORDINARY PROVISIONS


Article 21

the Legislator can adopt extraordinary legislative pieces, to describe and define the constitution more detailed, and or create legislation of higher importance, this by adopting the extraordinary law by a two third majority of votes, and an approval of the Cabinet and the Prime Minister.

Article 22

an extraordinary law can only be amended or repealed with a two third majority of votes in the Legislative Assembly, and the explicit approval of the Prime Minister and Cabinet.

Article 23

All matters concerning, but not limited to electoral law, emergency powers and the separation of powers in the region are considered to be defined by law trough the process of extraordinary legislations. The Supreme Court has the authority to decide when doubts arise, if the matter needs to be defined trough extraordinary process or not, on the bases of proximity to the constitution.

Article 24

Extraordinary legislation cannot be in direct violation of this Constitution, only expand or define more detailed this constitution or key functions of the State.


Section V - AMENDING THE CONSTITUTION


Article 25

an Amendment to this Constitution has to originate from the executive branch, following a request of government to dissolve the Legislative Assembly as is described by article thirdteen (13) of the Constitution, following after the reinstalment of the Legislative after elections the new Assembly can accept or deny the Constitutional amendment with a required two third majority vote to pass the amendment.

Sawra

RawReport