Difference between revisions of "Constitution of Torregal"

Revision as of 00:40, 2 July 2005

Constitution

The consitution of Torregal was re-written by the Democratic Marxist Party upon their election and approved by a majority of citizens. It, in wide scope, establishes the basic rights of the citizens of Torregal. It was based on the real-life Consitution of Spain, authored in 1975:

Preamble

The nation of Torregal, desiring to bring its citizens freedom and sensibility in an evolving world, proclaims its will to:

-protect the reasonable rights of all citizens;

-consolidate a State of Law which assures the rule of law as an expression of the popular will;

-protect all peoples of Torregal in the exercise of human rights, of their cultures and traditions, and of their languages and institutions

-promote the progress of culture and of the economy in order to ensure a worthy quality of life for all;

-establish a democratic and advanced society, and

-collaborate in the strengthening of peaceful relations and effective co-operation amongst all the peoples of the world

Article 1

1. Torregal is hereby established as a social and democratic State, subject to the rule of law, and advocating as higher values of its, legal order, liberty, justice, equality and political pluralism.

2. National sovereignty is vested in the Torregalese people, from whom emanate the powers of the State.

3. The Political form of the Torregalese State is that of a Parliamentary Democracy

Article 2

1. Castilian Spanish is the official Torregalese language of the State. All Torregalians have the duty to know it and the right to use it.

2. The wealth of the different language variations of Torregal is a cultural heritage which shall be the object of special respect and protection.

Article 3

The capital of the State is Azamdín

Article 4

The 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 creation and the exercise of their activity are free in so far as they respect the Constitution and the law. Their internal structure and working must be democratic.

Article 5

Trade unions and employers' associations contribute to the defence and promotion of the economic and social interests which they represent. Their creation and the exercise of their activities shall be unrestricted in so far as they respect the Constitution and the law. Their internal structure and operation must be democratic.

Article 6

1. The mission ff the Armed Forces, comprising the Army, the Navy and the Air Force, is to guarantee the sovereignty and independence of Torregal and to defend her territorial integrity and the Constitutional order.

2. The basic structure of military organization shall be regulated by an organic law in accordance with the principles of the Constitution.

Article 7

1. Citizens and public authorities are bound by the Constitution and all other legal provisions.

2. It is incumbent upon the public authorities to promote conditions which ensure that the freedom and equality of individuals and of the groups to which they belong may be real and effective, to remove the obstacles which prevent or hinder their full enjoyment, and to facilitate the participation of all citizens in political, economic, cultural and social life.

3. The Constitution guarantees the principle of legality, the ranking of legal provisions, the certainty that the rule of law will prevail, the accountability of the public authorities, and the prohibition against arbitrary action on the part of the State

Article 8

1. Human dignity, man's inviolable and inherent rights, the free development of his personality, respect for the law and for the rights of others are fundamental to political order and social peace.

2. The principles relating to the fundamental rights and liberties recognized by the Constitution shall be interpreted in conformity with the Universal Declaration of Human Rights and the international treaties and agreements thereon ratified by Torregal.

Article 9, Concerning the Rights of the People

1. No person of Torregalese origin shall be denied their nationality

2. Torregalians come of age at seventeen years.

3. Aliens shall enjoy the public freedoms guaranteed by this document, under the terms to be laid down by treaties and the law.

4. Extradition shall be granted only in compliance with a treaty or with the law, on the basis of the principle of reciprocity. Extradition shall be excluded for political offences or where the penalty may be death; but acts of terrorism shall not be regarded as such.

5. All persons shall be granted safe asylum in Torregal, regardless of the reason, except in the case where an action yet illegal in Torregal has been committed to drive the person from their home nation.

6. Torregalians are equal before the law and may not in any way be discriminated against on account of birth, race, sex, religion, opinion or any other condition or personal or social circumstance.

7. All have the right to life and to physical and moral integrity, and may under no circumstances be subjected to torture or to inhuman or degrading punishment or treatment. The death penalty shall be abolished, and no person living in Torregal shall have to face it.

Religion

8. Freedom of ideology, religion and worship of individuals and communities is guaranteed, with no other restriction on their expression as may be necessary to maintain public order as protected by law.

9. Nobody may be compelled to make statements regarding his religion, beliefs or ideologies.

10. There shall be no State religion, nor shall any law be passed to establish one.

Criminal Rights

11. Every person has a right to freedom and security. Nobody may be deprived of his freedom except in accordance with the provisions of this article and in the cases and in the manner provided by the law.

12. Preventive detention may last no longer than the time strictly required in order to carry out the necessary investigations aimed at establishing the facts; in any case the person arrested must be set free or handed over to the judicial authorities within a maximum period of seventy-two hours.

13. Any person arrested must be informed immediately, and in a manner understandable to him, of his rights and of the grounds for his arrest, and may not be compelled to make a statement. The arrested person shall be guaranteed the assistance of a lawyer during the police inquiries or judicial investigation, under the terms to be laid down by the law.

14. The right to honour, to personal and family Privacy and to personal reputation is guaranteed.

15. The home is inviolable. No entry or search may be made without the consent of the occupant or under a legal warrant, except in cases where there is a clear and present danger to a person or their property.

16. Secrecy of communications is guaranteed, particularly of postal, telegraphic and telephonic communications, except in the event of a court order to the contrary.

Emigration

17. Torregalians have the right to choose their place of residence freely, and to move about freely within the national territory. Likewise, they have the right to freely enter and leave Torregal freely for political or ideological reasons.

Basic Rights

18. The following rights are recognized and protected:

a) the right to freely express and disseminate thoughts, ideas and opinions by word, in writing or by any other means of communication;

B) the right to literary, artistic, scientific and technical production and creation;

c) the right to academic freedom;

d) the right to freely communicate or receive accurate information by any means of dissemination whatsoever. The law shall regulate the right to invoke personal conscience and professional secrecy in the exercise of these freedoms.

19. The exercise of these rights may not be restricted by any form of prior censorship.

20. The confiscation of publications and recordings and other information media may only be carried out by means of a court order.

Right of Assembly

21. The right to peaceful assembly without arms is recognized. The exercise of this right shall not require prior authorization.

22. In the case of meetings in public places and of demonstrations, prior notification shall be given to the authorities, who may ban them only when there are well-founded grounds to expect a breach of public order, involving danger to persons or property.

Protection of Law

23. Every person has the right to obtain the effective protection of the Judges and the Courts in the exercise of his legitimate rights and interests, and in no case may he go undefended.

24. Likewise, all persons have the right of access to the defence and assistance of a lawyer; to be informed of the charges brought against them; to a public trial without undue delays and with full guarantees; to the use of the evidence pertinent to their defence; to not make self-incriminating statements; to not declare themselves guilty; and to the presumption of innocence.

25. No-one may be convicted or sentenced for any act or omission which at the time it was committed did not constitute a felony; misdemeanour or administrative offence according to the law in force at that time.

26. Punishments entailing imprisonment and security measures shall be aimed at rehabilitation and social re-integration and may not consist of forced labour. The person sentenced to a term of imprisonment shall, while serving it, enjoy their fundamental rights except those expressly limited by the terms of the sentence, the purpose of the punishment, and the penal law. In any case, they shall be entitled to paid employment and to the appropriate Social Security benefits, as well as to access to cultural opportunities and the over-all development of his personality.

27. The Civil Administration may not impose penalties which directly or indirectly imply deprivation of freedom.

Education

28. Everyone is entitled to education. Freedom of instruction is recognized.

29. Education shall have as its objective the full development of the human character compatible with respect for the democratic principles of co-existence and for the basic rights and freedoms.

30. The public authorities guarantee the right of parents to ensure that their children receive religious and moral instruction that is in accordance with their own convictions.

31. Education through the elementary level is compulsory, and free through the collegiate level.

32. The public authorities shall inspect and standardize the educational system in order to guarantee compliance with the law.

33. The public authorities shall give aid to teaching establishments which meet the requirements to be laid down by the law.

34. The autonomy of the Universities is recognized, under the terms to be laid down by the law.

Trade Unions

35. Everyone has the right to freely join a trade union. The law may limit the exercise of this right or make an exception to it in the case of the Armed Forces or institutes or other bodies subject to military discipline, and shall regulate the special features of its exercise by civil servants. Trade union freedom includes the right to found trade unions and to join the union of one's choice, as well as the right of the trade unions to form confederations and to found international trade union organizations, or to become members thereof. Nobody may be compelled to join a trade union.

36. The right of workers to strike in defence of their interests is recognized. The law regulating the exercise of this right shall establish the guarantees necessary to ensure the maintenance of essential community services.

Taxation

37. Everyone shall contribute to the public expenditure in proportion to his financial means, through a just and progressive system of taxation based on principles of equality, which shall in no case be confiscatory in. character.

38. Public expenditure shall be incurred in such a way that an equitable allocation of public resources may be achieved, and its planning and execution shall comply with criteria of efficiency and economy.

39. Personal or property contributions for public purposes may only be imposed in accordance with the law.

Families

40. The public authorities shall ensure the social, economic and legal protection of the family.

41. The public authorities likewise shall ensure full protection of children, who shall be equal before the law, irrespective of their parentage, and of mothers, whatever their marital status. The law shall provide for the, investigation of paternity.

42. Parents must provide their children, whether born within or outside wedlock, with assistance of every kind while they are still under age and in other circumstances in which the law is applicable.

43. Children shall enjoy the protection provided for in the international agreements which safeguard their rights.

Public Equality / Social Security

44. The public authorities shall promote favourable conditions for social and economic progress and for a more equitable distribution of personal and regional income within the framework of a policy of economic stability. They shall devote special attention to carrying out a policy directed towards full employment.

45. Likewise, the public authorities shall foster a policy guaranteeing vocational training and retraining; they shall ensure labour safety and hygiene and shall guarantee adequate rest by means of a limited working day, periodic paid holidays, and the promotion of appropriate centres.

46. The public authorities shall maintain a public Social Security system for all citizens which will guarantee adequate social assistance and benefits in needy situations, especially in cases of unemployment. Supplementary assistance and benefits shall be optional.

Health Care

47. The right to protection of health is recognized.

48. it is incumbent upon the public authorities to organize and safeguard public health by means of preventive measures and the necessary benefits and services. The law shall establish the rights and duties of all concerned in this respect.

49. The public authorities shall foster health education, physical education and sports. Likewise, they shall encourage the proper use of leisure.

Housing

50. All Torregalians are entitled to enjoy decent and adequate housing. The public authorities shall promote the necessary conditions and shall establish appropriate standards in order to make this right effective, regulating land use in accordance with the general interest in order to prevent speculation.

Handicapped Rights / The Elderly

51. The public authorities shall carry out a policy of preventive care, treatment, rehabilitation and integration of the physically and mentally handicapped and those with sensory disabilities - who shall be given the specialized care that they require, and shall afford them special protection in order that they may enjoy the rights conferred upon all citizens.

52. The public authorities shall guarantee, through adequate and periodically updated pensions, sufficient financial means for citizens during old age. Likewise, and independently of the obligations of their families towards them, they shall promote their welfare through a system of social services which shall provide for their specific problems of health, housing, culture and leisure.

Article 10, Concerning the Parliament

1. The Parliament consists of three hundred and fifty senators, elected by universal, free, equal, direct and secret suffrage, under the terms to be laid down by the law.

2. The election in each electoral district shall be conducted on the basis of proportional representation.

3. Senators are elected for three years. The term of office of the senators ends three years after their election or on the day that the House is dissolved. Furthermore, no Senator shall serve more than three terms in their lifetime, nor more than a total of nine years

4. Elections shall take place between thirty and sixty days after the end of the previous term of office. The Parliament so elected must be convened within twenty-five days following the holding of elections.

5. The Parliament shall meet annually for two ordinary sessions: the first from September to December, and the second from February to June.

6. The Parliament may meet in extraordinary session at the request of the Government, of the Standing Committee or of the absolute majority of members of the Parliament. Extraordinary meetings must be convened with a specific agenda and shall be adjourned once the latter has been dealt with.

7. It shall be compulsory to appear when summoned by the Parliament. Penalties which may be imposed for failure to comply with this obligation shall be established by law.

8. In order for legislation to pass a vote, a majority of senators must be present and a majority casting their votes for a certain piece of legislation. In the event of a proposed amendment to this constitution, a majority of two-thirds of present senators must cast their votes for a piece of legislation.

9. In cases of extraordinary and urgent need, the Government may issue temporary legislative provisions which shall take the form of Decree-Laws and I which may not affect the regulation of the basic State institutions, the rights, duties and liberties of the citizens as detailed in this constitution. The Decree-Laws must be submitted forthwith to the Parliament , which must be summoned for this purpose if not already in session. They must be debated and voted upon in their entirety within thirty days after their promulgation. Parliament must expressly declare itself in favour of ratification or repeal within said period of time, for which purpose the Standing Orders shall establish a special summary procedure

Article 11, Concerning the Government

1. The Government directs domestic and foreign policy, civil and military administration and the defence of the State. It exercises executive and statutory authority in accordance with the Constitution and the law.

2. The Government consists of the President, two Vice-Presidents, when applicable, Ministers and other members as may be laid down by law.

2. The President directs Government action and co-ordinates the functions of the other members thereof, without prejudice to the competence and direct responsibility of the latter in the discharge of their duties.

3. Members of the Government may not perform representative functions other than those derived from their Parliamentary mandate, nor any other public function not derived from their office, nor engage in any professional or commercial activity whatsoever.

4. After parliamentary elections, after consultation with the representatives appointed by the political groups with Parliamentary representation, and through the President of Parliament, shall propose a candidate for President of the Government.

5. The candidate proposed in accordance with the provisions of the foregoing paragraph shall submit to the Parliament the political programme of the Government that he intends to form and shall seek the confidence of the Parliament.

6. If the Parliament, by vote of the absolute majority of its members, invests said candidate with its confidence, they shall be appointed President. If an absolute majority is not obtained, the same proposal shall be submitted for a fresh vote forty-eight hours after the previous vote, and it shall be considered that confidence has been secured if it passes by a simple majority.

4. If, after this voting, confidence for the programme has not been obtained, successive proposals shall be voted upon in the manner provided. in the foregoing paragraphs.

5. If within two months after the first vote no candidate has obtained the confidence of the Parliament, it shall be dissolved and new elections carried out, following endorsement by the President of Parliament.

6. The outgoing Government shall continue in power until the new Government takes office.

Article 12, Relations Between the Parliament and the Government

1. The Parliament may challenge Government policy by passing a motion of censure by an absolute majority of its members.

2. The motion of censure must be proposed by at least one tenth of the senators, including a candidate for the office of President of the Government.

3. The motion of censure may not be voted until five days after it has been submitted. During the first two days of this period, alternative motions may be submitted.

4. If the motion of censure is not passed by Parliament, its signatories may not submit another during the same session.

5. The President of the Government, after deliberation by the Council of Ministers, may ask Parliament for a vote of confidence in favour of his programme or of a general policy statement. Confidence shall be considered to have been obtained when a simple majority of the senators votes in favour.

6. If Parliament passes a motion of censure or witholds its confidence from the Government, the latter shall submit its resignation to the President of Parliament and a new Government appointed.

Article 13, Judicial Power

1. It is compulsory to execute the sentences and other final judgments of judges and Courts, as well as to collaborate with them as they may require during the course of trials and execution of judgments.

2. 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 laid down by the law, in accordance with the rules of jurisdiction and procedure which may be established therein.

3. Judicial proceedings shall be public, with the exception of those provided for in the laws of procedure.

4. Proceedings shall be predominantly oral, especially in criminal cases.

5. Judgments shall always contain the grounds therefore, and they shall be delivered in a public hearing.

6. Damages caused by judicial errors, as well as those arising from irregularities in the administration of justice, shall be subject to compensation by the State, in accordance with the law.

7. The organic law of the judiciary shall determine the setting up, operation and control of the Courts and Tribunals as well as the legal status of professional judges and Magistrates, who shall form a single body, and of the staff serving in the administration of justice.

8. The General Council of the judiciary is the latter's governing body. An organic law shall set up its statutes and the system of disabilities applicable to its members and their functions, especially in connection with appointments, promotions, inspection and the disciplinary system.

9. The General Council of the judiciary shall consist of the President of the Supreme Court, who shall preside it, and of twenty members recommended by the President and approved by the citizens for a lifetime term. Justices may resign at any time or be removed from their position by a three-fifths majority vote in the Parliament.

10. The Supreme Court, with jurisdiction over the whole of Torregal, is the highest judicial body in all branches of justice.

11. Citizens may engage in popular action and participate in the administration of justice through the institution of the jury, in the manner and with respect to those criminal trials as may be determined by law, as well as in customary and traditional courts.

Article 14, Concerning Economy and Finance

1. The State, through the law, shall be able to plan general economic activity in, order to meet collective needs, balance and harmonize regional and sectorial development and stimulate the growth of income and wealth and its more equitable distribution.

2. The primary power to raise taxes is vested exclusively in the State by law.

3. Any fiscal benefit affecting State taxes must be established by virtue of law

4. It is incumbent upon the Government to prepare the General State Budget and upon the Parliament to examine, amend and approve it.

5. The General State Budget shall be prepared annually and shall include the entire expenditure and income of the State public sector and in it shall be recorded the amount of the fiscal benefits affecting State taxes.

6. The Government must submit the General State Budget to the Parliament at least three months before the expiration of that of the previous year.

5. If the Budget Law is not passed before the first day of the corresponding financial year, the budget of the previous financial year shall be considered automatically prolonged until the new one has been approved.

6. Once the General State Budget has been approved, the Government may submit bills involving increases in public expenditure or decreases in the revenue corresponding to the same financial year.

7. Any non-governmental bill or amendment which involves an increase in credits or a decrease in budget revenue shall require previous approval of the Government before its passage.

8. The Budget Law may not establish new taxes. It may modify them if a substantive tax law makes provision therefore.

Article 15, Concerning the Territorial Organization of the State

1. The Constitution guarantees the autonomy of the municipalities, which shall enjoy full legal personality. Their government and administration shall be incumbent on their respective Town Councils, consisting of Mayors and Councillors. The Councillors shall be elected by the residents of the municipalities by universal, equal, free and secret suffrage, in the manner laid down by the law. The Mayors shall be elected by the Councillors or by the residents. The law shall regulate the terms under which an open Council system shall be applicable.

Article 16, Concerning Rights not Expressed

Rights not expressed in this constitution shall be considered rights given to the citizens unless otherwise governed by the legal code of Torregal.