Difference between revisions of "Constitution of Oliverry"

Revision as of 18:04, 27 January 2006

Preamble

• We, the population of Oliverry, agree to put this constitution as our fundamental law.

Article 1: The Federated Provinces of Oliverry

• (1) The Federated Provinces of Oliverry is a Sovereign and Democratic Federation and the Sovereign Power belongs to the people of the Oliverry. Sovereign Power shall be exercised in the manner provided for in this Constitution.
• (2) Oliverry shall be structured as a parliamentary republic with a bicameral legislature and an elected President..
• (3) This Constitution is the Supreme Law of the Land.

Article 2: The Assemblée Nationale

• (1) There shall be a legislature for Oliverry, called the Assemblée Nationale, in which some of the legislative powers under this Constitution shall be vested. The Assemblée Nationale shall have a maximum of 400 members elected by each riding’s population for a maximum term office of 4 years, or 48 months.
• (2) The Assemblée Nationale shall have the power to propose bills, to ratify treaties and international agreements and to amend this Constitution in accordance with the provisions of Article 14
• (3) Each member of the Assemblée Nationale shall be enlisted in a political party and shall be entitled to one seat only. Party discipline is not enforced but is strongly recommended.

Article 3: The Senate

• (1) There shall be another legislature in Oliverry, called the Senate, in which some of the legislative powers under this Constitution shall be vested. The Senate shall have 10 members per province, each member elected by the population of a Senatorial riding for a maximum term of 4 years, or 48 months.
• (2) The Senate shall have the power to make laws, to pass bills and legislation. Other powers shall be given to the Assemblée Nationale in accordance with Article 2.
• (3) Each member of the Senate shall be entitled to one seat only. Senators shall not be enforced to be a member of a party, but this shall strongly recommended.

Article 4: Legislative Process

• (1) All political parties shall have the right to propose Bills.
• (2) A Bill shall be accepted by each chamber by a simple majority of the members of each chamber present and voting, except in cases where the Constitution provides otherwise. That bill shall be accepted by the Senate at the last, even if it was presented to the Senate first.
• (3) A Bill shall lapse from voting should an election intervene, in which case it shall be returned to the chamber it was presented for debate.
• (4) A Bill that has been passed by the Senate shall be accepted by the president before it enters into effect.
• (5) A Veto can be revoked if 2/3 of the Assemblée Nationale votes in this way

Article 5: The Executive

• (1) The executive power belongs to the President.
• (2) Executive decisions shall be done by the president only.

Article 6: The President

• (1) The President shall be the Head of State of Oliverry. He shall be the symbol of the Nation and the guarantee of independence.
• (2) The President shall be the Head of Government of Oliverry.
• (3) The President shall be elected for a term of office of 4 years, or 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 13.
• (4) The President shall be elected using a multi-round system. Every party has the right to provide a candidate. If there is no clear majority (50% + 1 vote), there shall be another round with every candidate with at least 20% of the votes.
• (5) Under provisions of Article 3, each candidate with 20% and more of the votes shall participate to the next round. There shall be other rounds until a clear winner is designed.
• (6) If there is a perfect draw with only 2 candidates left, the Assemblée Nationale shall elect the president.

Article 7: The Cabinet

• (1) The Cabinet shall aid and advise the President.
• (2) The Cabinet shall not have any fix number of members.

Article 8: Formation of Cabinet

• (1) There shall be a Cabinet to assist the Head of State in the proper discharge of executive powers.
• (2) It is the exclusive responsibility of the President to propose a list of Cabinet members to assist him.
• (3) The Cabinet shall only assist the President in its role of exerting the Executive power.

Article 9: The Judiciary

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 Oliverry.

Article 10: Political Parties

• (1) Political parties shall ensure that the will of the people prevails and, for this purpose, shall represent their voters in both the Assemblée Nationale and the Senate.
• (2) A political party shall be registered in accordance with the national laws may be dissolved in cases of inactivity or for violations of national law.
• (3) Representation in both the Assemblée Nationale and the Senate shall be determined through a general election in which all political parties may participate in accordance with the provisions of Article 13.

Article 11: 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 Government’s conduct of public business.

Article 12: Local Governments

• (1) Powers shall be divided between Provincial and Federal governments using the following pattern:
  • (1a) Federal government shall have jurisdiction about external politics (i.e.: diplomacy, war, alliances) and national-level affairs (i.e.: Highways, money, immigration)
  • (1b) Provincial governments shall have jurisdiction about Provincial-level affairs (Healthcare services, education)

Article 13: 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 province receives in the Assemblée Nationale shall be laid down by law in accordance with the provisions of Article 4.
• (3) All political parties shall have the right to call for an early election at any time, which is called a “Vote of no confidence”. A call for early elections shall require the vote of a majority of the total number of members of the two chambers in order to pass. Elections shall be scheduled upon the passage of such call for early elections.

Article 14: Amendment

Subject to the provisions of Article 4, the Senate shall have the power to amend this Constitution. Amendments shall require a vote of two-thirds of the members of the Senate in order to pass and may only apply to certain areas of this constitution.