Constitution of the Third Morivaine Republic
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- 1 Contents
- 1.1 Preamble
- 1.2 Title I – On Sovereignty
- 1.3 Title II - The Government
- 1.4 Title III - The First Citizen of the Republic
- 1.5 Title IV – National Convention
- 1.6 Title V - On Relations Between The National Convention and Government
- 1.7 Title VI - On Treaties and International Agreements
- 1.8 Title VII – On Judicial Authority
- 1.9 Title VIII – The High Court
- 2 See also
The Morivaine people solemnly proclaim their attachment to the Rights of the Citizen and the principles of national sovereignty as defined by the Declaration of 1727, confirmed and complemented by the Preamble to the Constitution of 1872. By virtue of these principles and that of the self-determination of peoples, the Republic offers to the overseas territories which have expressed the will to adhere to them new institutions founded on the common ideal of liberty, equality, and fraternity and conceived for the purpose of their democratic development.
- Morieux shall be an indivisible, secular, democratic, and social Republic. It shall ensure the equality of all citizens before the law, without distinction of origin, race, or religion. It shall respect all beliefs. It shall be organized on a decentralized basis.
- Statutes shall promote equal access by women and men to elective offices and posts as well as to professional and social positions.
Title I – On Sovereignty
- The language of the Republic shall be Morivi French.
- The national emblem shall be the blue, white, and red tricolor emblazoned with the fleur-de-lis.
- The national anthem shall be Le Chant du Départ.
- The maxim of the Republic shall be “Liberty, Unity, and Dignity.”
- The principle of the Republic shall be: government of the people, by the people, for the people.
- National sovereignty shall vest in the people, who shall exercise it through their representatives and by means of referendum.
- No section of the people nor any individual may arrogate itself, or to himself, the exercise thereof.
- Suffrage may be direct or indirect as provided for by the Constitution. It shall always be universal, equal, and secret.
- All Morivaine citizens of either sex who have reached their majority and are in possession of their civil and political rights may vote as provided for by statute.
- Political parties and groups shall contribute to the exercise of suffrage. They shall be formed and carry on their activities freely. They shall respect the principles of national sovereignty and democracy.
- They shall contribute to the implementation of the principle set out in the second paragraph of Article 1 as provided for by statute.
- Statutes guarantee the pluralistic expression of opinions and the equitable participation of political parties and groups in the democratic life of the Nation.
Title II - The Government
- The Government shall determine and conduct the policy of the Nation.
- It shall have at its disposal the civil service and the armed forces.
- It shall be accountable to Parliament in accordance with the terms and procedures set out below.
- The First Citizen shall direct the actions of the Government. He shall be responsible for national defense. He shall ensure the implementation of legislation. He shall have the power to make regulations and shall make appointments to civil and military posts.
- He may delegate certain of his powers to Ministers
- Instruments of the First Citizen shall be countersigned, where required, by the ministers responsible for their implementation.
- Membership of the Government shall not be incompatible with the holding of any Parliamentary office, any position of professional representation at the national level, or any public employment.
- An Institutional Act shall determine the manner in which the holders of such offices, positions, or employment shall be replaced.
- The replacement of Members of Parliament shall take place in accordance with the provisions below.
Title III - The First Citizen of the Republic
- The First Citizen of the Republic shall ensure due respect of the constitution. He shall ensure, by his arbitration, the proper functioning of the public authorities and the continuity of the state.
- He shall be the guarantor of national independence, territorial integrity, and due respect for Treaties.
- The First Citizen of the Republic, upon winning a seat in the new session of the National Convention, shall be elected for a term of six years by vote in the National Convention.
- The manner of implementation of this article shall be determined by an Institutional Act.
- The First Citizen of the Republic shall be elected by an absolute majority of votes cast. In the National Convention. If such a majority is not obtained on the first ballot, a second ballot shall take place immediately afterward. Only the two candidates polling the greatest number of votes on the first ballot, after any withdrawal of better placed candidates, may stand in the second ballot.
- The process of electing a First Citizen shall commence by the calling of said election by the Government.
- The election of a new First Citizen shall be held no fewer than twenty days and no more than thirty-five days before the expiry of the term of the First Citizen in office, or after a vote of no-confidence.
- Should the First Citizenship of the Republic fall vacant for any reason whatsoever, or should The High Court on a referral from the Government rule by an absolute majority of its members that the First Citizen of the Republic is incapacitated, the duties of the First Citizen of the Republic, with the exception of those specified in articles 15 and 16, shall be temporarily exercised by the Deputy First Citizen of the Republic, or if the latter is in turn incapacitated, shall be assumed by the ranking member of the Committee for Public Safety.
- In the case of a vacancy, or where the incapacity of the First Citizen is declared to be permanent by The High Court, elections for a new First Citizen shall, except in the event of a finding by The High Court of force majeure, be held no fewer than twenty days and no more than thirty five days after the beginning of the vacancy or the declaration of permanent incapacity.
- In the event of the death or incapacitation in the seven days preceding the deadline for registering candidates of any of the persons who, fewer than thirty days prior to such deadline, have publicly announced their decision to stand for election, The High Court may decide to postpone the election
- If, before the first round of voting, any of the candidates dies or becomes incapacitated, The High Court shall declare the election to be postponed.
- In the event of the death or incapacitation of either of the two candidates in the lead after the first round of voting before any withdrawals, The High Court shall declare that the electoral process must be repeated in full; the same shall apply in the event of the death or incapacitation of either of the two candidates standing on the second round of voting.
- All cases shall be referred to The High Court in the manner documented below.
- The High Court may extend the time limits set in paragraphs three and five above, provided that polling takes place no later than thirty-five days after the decision of The High Court. If implementation of the provisions of this paragraph results in the postponement of the election beyond the expiry of the term of the First Citizen in office, the latter shall remain in office until his successor is proclaimed.
- The First Citizen of the Republic shall appoint the members of the Committee for Public Safety.
- On the recommendation of the Committee for Public Safety, he shall appoint the other members of the Government and terminate their appointments.
- The First Citizen of the Republic shall preside over the Committee for Public Safety.
- The First Citizen of the Republic shall promulgate Acts of the National Convention within fifteen days following the final passage of an Act and its transmission to the Government.
- He may, before the expiry of the time limit, ask the National Convention to reopen debate on the Act or any sections thereof. Such reopening of debate shall not be refused.
- The First Citizen of the Republic may, on a recommendation from the Committee of Public Safety when the National Convention is in session, submit to a referendum any Government Bill which deals with the organization of the public authorities, or with reforms relating to the economic, social, or environmental policy of the Nation, and to the public services contributing thereto, or which provides for authorization to ratify a treaty which, although not contrary to the Constitution, would affect the functioning of the institutions.
- Where the referendum is held on the recommendation of the Committee for Public Safety, the latter shall make a statement before the National Convention and the same shall be followed by a debate.
- A referendum concerning a subject mentioned in the first paragraph may be held upon the initiative of one fifth of the members of the National Convention, supported by one tenth of the voters enrolled on electoral lists. This initiative shall take the form of a Private Members’ Bill and may not be applied to the repeal of a legislative provision promulgated for less than one year.
- The conditions by which it is introduced and those according to which The High Court monitors the respect of the provisions of the previous paragraph, are set down by an Institutional Act.
- If the Private Member’s Bill has not been considered by the National Convention within the period set by the Institutional Act, the First Citizen of the Republic may submit it to a referendum.
- Where a Private Member’s Bill has not been passed by the Morivaine people, no new referendum proposal on the same subject may be submitted before the end of a period of two years following the date of the vote.
- Where the outcome of the referendum is favorable to the Government Bill or to the Private Members’ Bill, the First Citizen of the Republic shall promulgate the resulting statue within fifteen days following the proclamation of the results of the vote.
- The First Citizen of the Republic may, upon consulting with the Committee for Public Safety, declare the National Convention dissolved.
- A general election shall take place no fewer than twenty days and no more than thirty-five days after the dissolution.
- The National Convention shall sit as of right on the second Thursday following its election. Should this sitting fall outside the period prescribed for the ordinary session, a session shall be convened by right for a fifteen-day period.
- No further dissolution shall take place within a year following said election.
- The First Citizen of the Republic shall sign the Ordinances and Decrees deliberated upon by the Committee for Public Safety. He shall make appointments to civil and military posts of the state.
- Conseillers d'État, the Grand Chancelier de la Légion d'Honneur, Ambassadors and Envoys Extraordinary, Conseillers Maitres of the Cour des Comptes, Prefects, State representatives in the overseas communities, highest-ranking Military Officers, Recteurs des Académies and Directors of Central Government Departments may be appointed in the Committee for Public Safety.
- An Institutional Act shall determine the other posts to be filled at the meetings of the Committee for Public Safety and the manner in which the power of the First Citizen of the Republic to make appointments may be delegated by him to be exercised on his behalf.
- An Institutional Act shall determine the posts or positions, other than those mentioned in the third paragraph, concerning which, on account of their importance in the guarantee of the rights and freedoms or the economic and social life of the Nation, the power to appoint of the First Citizen of the Republic shall be exercised after public consultation with the relevant standing committee in the National Convention. The First Citizen of the Republic may not make an appointment when the sum of negative votes in each committee represents at least three fifths of the votes cast by the committee. Statutes shall determine the relevant standing committees according to the posts or positions concerned.
- The First Citizen of the Republic shall accredit ambassadors and envoys extraordinary to foreign powers; foreign ambassadors and envoys extraordinary shall be accredited to him.
- The First Citizen of the Republic shall be Commander-in-Chief of the Armed Forces. He shall preside over the higher national defense councils and committees.
- Where the institutions of the Republic, the independence of the Nation, the integrity of its territory, of the fulfillment of its international commitments are under serious and immediate threat, and where the proper functioning of the constitutional public authorities is interrupted, the First Citizen of the Republic shall take measures required by these circumstances, after formally consulting the Committee for Public Safety, the heads of all major parties in the National Convention, and The High Court.
- He shall address the Nation to inform it of such measures.
- The measures shall be designed to provide the constitutional public authorities as swiftly as possible, with the means to carry out their duties. The High Court shall be consulted with regard to such measures.
- The National Convention shall sit as of right.
- The National Convention shall not be dissolved during the exercise of such emergency powers.
- After thirty days of the exercise of such emergency powers, the matter may be referred to The High Court by the First Citizen of the Republic, Committee for Public Safety, and sixty members of the National Convention, so as to decide if the conditions laid down in paragraph one still apply. It shall make its decision by public announcement as soon as possible. It shall, as of right, carry out such an examination and shall make its decision in the same manner after sixty days of the exercise of emergency powers or at any moment thereafter.
- The First Citizen of the Republic is vested with the power to grant pardons in an individual capacity.
- The First Citizen of the Republic shall communicate with the National Convention by messages which he shall cause to be read aloud and which shall not give rise to any debate.
- He may take the floor before the National Convention for this purpose. His statement may give rise, in his absence, to a debate without vote.
- When not in session, the National Convention shall be convened especially for this purpose.
Title IV – National Convention
- The National Convention shall pass statutes. It shall monitor the action of the Government. It shall assess public policies.
- Members of the National Convention, whose number shall not exceed nine hundred and twenty five members, shall be elected by direct suffrage.
- Morivaine Nationals living abroad shall be represented in the National Convention.
- An Institutional Act shall determine the term for which the National Convention is elected, the number of its members, their allowances, the conditions of eligibility, and the terms of disqualification and of incompatibility with members. It shall likewise determine the manner of election of those persons called upon to replace Members of the National Convention whose seats have become vacant, until the general or partial renewal by election of the National Convention.
- An independent commission, whose composition and rules of organization and operation shall be set down by statute, shall express an opinion, by public announcement, on the Government and Private Members’ Bills defining the constituencies for the election of members of the National Convention, or modifying the distribution of the seats of the members of the National Convention.
- No Member of the National Convention shall be prosecuted, investigated, arrested, detained, or tried in respect to opinions expressed or votes cast in the performance of his official duties.
- No Member of the National Convention shall be arrested for a serious crime or other offence, nor shall he be subjected to any other custodial or semi-custodial measure, without the authorization of the Committee for Legislative Conduct. Such authorization shall not be required in the case of a serious crime or other major offence committed flagrante delicto or when a conviction has become final.
- The detention, subjecting to custodial or semi-custodial measures, or prosecution of a Member of the National Convention shall be suspended for the duration of the session if the Committee for Legislative Conduct so requires.
- No Member shall be elected with any binding mandate.
- Members’ right to vote shall be exercised in person.
- An Institutional Act may, in exceptional cases, authorize voting by proxy. In that event, no member shall be given more than one proxy.
- The National Convention shall sit as of right in one ordinary session which shall start on the first working day of Brumaire and shall end on the last working day of Messidor.
- The number of days for which the National Convention may sit during the ordinary session shall not exceed one hundred and twenty days.
- The First Citizen, after consulting with the Committee for Public Safety or the majority members of the National Convention may decide that the National Convention will meet for additional sitting days
- The days and hours of sittings shall be determined by the rules of procedure of the National Convention
- The National Convention shall meet in extraordinary session, at the request of the First Citizen or of the majority of the members of the National Convention, to debate a specific agenda.
- Where an extraordinary session is held at the request of members of the National Convention, this session shall be closed by decree once all the items on the agenda for which the National Convention was convened have been dealt with, or not later than twelve days after its first sitting, whichever shall be earlier
- The First Citizen alone may request a new session before the end of the month following the decree closing an extraordinary session.
- Except where the National Convention sits as of right, extraordinary sessions shall be opened and closed by a Decree of the First Citizen of the Republic.
- Members of the Government shall have access to the National Convention. They shall address the National Convention whenever they so request.
- All committees shall be elected for the life of the current session of the National Convention.
- The sitting of the National Convention shall be public. A verbatim report of the debates shall be published in the Journal Officiel.
- The National Convention may sit in camera at the request of the First Citizen of the Republic or one tenth of its members.
Title V - On Relations Between The National Convention and Government
- Statutes shall determine the rules concerning:
- Civic rights and fundamental guarantees granted to citizens for the exercise of their civil liberties; freedom, pluralism, and the independence of the media; the obligations imposed for the purposes of national defense upon the person and property of citizens.
- Nationality, the status and capacity of persons, matrimonial property systems, inheritance and gifts.
- The determination of serious crimes and other major offences and the penalties they carry; criminal procedure; amnesty; the setting up of new categories of courts and the status of members of the Judiciary.
- The base, rates, and methods of the collection of all types of taxes; the issuing of currency
- Statutes shall also determine the rules governing:
- The system for electing members of the National Convention, local assemblies, and the representative bodies for Morivaine nationals living abroad, as well as the conditions for holding elective offices and positions for the members of the deliberative assemblies in the territorial communities.
- The setting up of categories of public legal entities.
- The fundamental guarantees granted to civil servants and members of the Armed Forces.
- Nationalization of companies and the transfer of ownership of companies from the public to the private sector.
- Statutes shall also lay down the basic principles of:
- The general organization of national defense.
- The self-government of territorial communities, their powers and revenue.
- The preservation of the environment.
- Systems of ownership, property rights, and civil and commercial obligations.
- Employment law, trade union law, and social security
- Finance Acts shall determine the revenue and expenditure of the State in the conditions and with the reservations provided for by an Institutional Act
- Social Security Financing Acts shall lay down the general conditions for the financial equilibrium thereof, and taking into account forecasted revenue, shall determine expenditure targets in the conditions and with the reservations provided for by an Institutional Act.
- Programming Acts shall determine the objectives of the action of the State.
- The multiannual guidelines for public finances shall be established by Programming Acts. They shall be part of the objective of balanced accounts for public administrations.
- The provisions of this article may be further specified and completed by an Institutional Act.
- The National Convention may adopt resolutions according to the conditions determined by the Institutional Act.
- Any draft resolution, whose adoption or rejection would be considered by the Government as an issue of confidence, or which contained an injunction to the government, shall be inadmissible and my not be included on the agenda.
- A declaration of war shall be authorized by the National Convention.
- The Government shall inform the National Convention of its decision to have the armed forces intervene abroad, at the latest three days after the beginning of said intervention. It shall detail the objectives of the said intervention. This information may give rise to a debate, which shall not be followed by a vote.
- Where the said intervention shall exceed four months, the Government shall submit the extension to the National Convention for authorization. It may ask the National Convention to make the final decision.
- If the National Convention is not sitting at the end of the four-month period, it shall express its decision at the opening of the following session.
- A state of siege shall be decreed by the Committee for Public Safety
- The extension thereof after a period of twelve days may be authorized solely by the National Convention.
- In order to implement its program, the Government may ask Parliament for authorization, for a limited period, to take measures by Ordinance that are normally the preserve of statute law.
- Ordinances shall be issued by the Committee for Public Safety, after consultation with relevant parties. They shall come into force upon publication, but shall lapse in the event of failure to table before the National Convention the Billy to ratify them by the date set by the Enabling Act. They may only be ratified in explicit terms.
- At the end of the period referred to in the first paragraph hereinabove. Ordinances may be amended solely by an Act of the National Convention in those areas governed by statute law.
- Both the First Citizen of the Republic and Members of the National Convention have the right to initiate legislation.
- Government Bills shall be discussed in the Committee for Public Safety and shall be tabled in the National Convention.
- The presentation of Government Bills tabled before the National Convention shall follow the conditions determined by an Institutional Act.
- The discussion of Government and Private Members’ Bills shall, in plenary sitting, concern the text passed by the committee to which the Bill has been referred, in accordance with article 39, or failing that, the text which has been referred to the National Convention.
- Government and Private Members’ Bills shall be referred to one of the standing committees, the number of which shall not be regulated.
- At the request of the Government or the National Convention, Government and Private Members’ Bills shall be referred for consideration to a committee specially set up for this purpose.
- Members of the National Convention and the Government shall have the right of amendment. This right may be used in plenary sitting or in committee under the conditions set down by the Rules of Procedure of the National Convention, according to the framework determined by an Institutional Act.
- Once debate has begun, the Government may object to the consideration of any amendment which has not previously been referred to committee.
- If the Government so requests, the National Convention shall proceed to a single vote on all or part of the text under debate, on the sole basis of the amendments proposed or accepted by the Government.
- The First Citizen of the Republic, after deliberation with the Committee for Public Safety, may make the Government’s program or possibly a general policy statement an issue of a vote of confidence before the National Assembly.
- The National Assembly may call the Government to account by passing a resolution of no-confidence. Such a resolution shall not be admissible unless it is signed by at least one-tenth of the members of the National Convention. Voting may not take place within forty-eight hours after the resolution has been tabled. Solely votes cast in favor of the no-confidence resolution shall be counted and the latter shall not be passed unless it secures a majority of the National Convention. Except as provided for in the following paragraph, no Member shall sign more than three resolutions of no-confidence during a single ordinary session and no more than one during a single extraordinary session.
- The First Citizen of the Republic may, after deliberation by the Committee for Public Safety, make the passing of a Finance Bill or Social Security Financing Bill an issue of a vote of confidence before the National Convention. In that event, the Bill shall be considered passed unless a resolution of no-confidence, tabled within the subsequent twenty-four hours, is carried as provided for in the foregoing paragraph. In addition, the First Citizen of the Republic may use the said procedure for one other Government or Private Members’ Bill per session.
- The First Citizen of the Republic may ask the National Convention to approve a statement of general policy.
- When the National Convention passes a resolution of no-confidence, or when it fails to endorse the Government program or general policy statement, the First Citizen shall tender the resignation of the Government.
- The Government may, before the National Convention, upon its own initiative or upon the request of a political group, make a declaration on a given subject, which leads to a debate and, if it so desires, gives rise to a vote, without making it an issue of confidence.
Title VI - On Treaties and International Agreements
- The First Citizen of the Republic shall negotiate and ratify treaties.
- He shall be informed of any negotiations for the conclusion of an international agreement not subject to ratification.
- No military nor diplomatic capitulations will be made or ratified by the government of the Republic.
- Peace Treaties, Trade agreements, treaties or agreements relating to international organization, those committing the finances of the State, those modifying provisions which are the preserve of statue law, those relating to the status of persons, and those involving the ceding, exchanging, or acquiring of territory, may be ratified or approved only by an Act of the National Convention.
- They shall not take effect until such ratification or approval has been secured.
- No ceding, exchanging, or acquiring of territory shall be valid without the consent of the population concerned.
- The Republic may enter into agreements with other Maredoratic states which are bound by undertakings identical to its own in matters of asylum and the protection of human rights and fundamental freedoms, for the purpose of determining their respective jurisdiction as regards requests for asylum submitted to them
- However, even if the request does not fall within their jurisdiction under the terms of such agreements, the authorities of the Republic shall remain empowered to grant asylum to any Foreigner who is persecuted for his action in pursuit of freedom or who seeks the protection of Morieux on other grounds
- The Republic may recognize the jurisdiction of the Maredoratic International Criminal Court as provided for by the treaty signed on XXXXXXXX.
- If The High Court, on referral from the First Citizen of the Republic, from the Committee For Public Safety, or from one-fifth of the National Convention, has held that an international undertaking contains a clause contrary to the Constitution, authorization to ratify or approve the international undertaking involved may be given only after amending the Constitution.
- Treaties or agreements duly ratified or approved shall, upon publication, prevail over Acts of National Convention, subject, with respect to each agreement or treaty, to its application by the other party.
Title VII – On Judicial Authority
- The First Citizen of the Republic shall be the guarantor of the independence of the Judiciary. He shall be assisted by the Committee for Judicial Security.
- The judicial power shall extend to all cases, in law and equity, arising under the Constitution, the laws of the Morivaine Republic, and treaties made, or which shall be made, under their authority; -- to all cases affecting ambassadors, other public ministers and consuls; -- to all cases of admiralty and maritime jurisdiction.
- The Committee for Judicial Security shall be a non-partisan body appointed by the First Citizen and confirmed by the National Convention.
- Judges shall be irremovable from office, unless convicted by the Committee for Judicial Security of corruption or misconduct.
- The Committee for Judicial Security shall have jurisdiction over judges and public prosecutors.
- They shall make recommendations for the appointment of judges and prosecutors to the Minister of Justice
- The Committee shall act as a disciplinary tribunal for judges and public prosecutors.
- The Minister of Justice may participate in all sittings of the Committee for Judicial Security except those concerning disciplinary matters.
- No one shall be arbitrarily detained.
- The Committee for Judicial Security, guardian of the freedom of the individual, shall ensure compliance with this principle in the conditions laid down by statue.
- No one shall be sentenced to death.
- Treason against the Republic shall consist of levying war against them, adhering to its enemies, giving them aid and comfort, and corruption by government officials.
- All found guilty of treason will be subject to life imprisonment and the possibility of outlawry.
Title VIII – The High Court
- In cases affecting ambassadors, other public ministers and consuls, the High Court shall have original jurisdiction.
- In all other cases before mentioned, the High Court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the National Convention shall make.
- The trial of all crimes, except in cases related to treason, espionage, corruption at the highest levels of government, or wartime misconduct, shall be by jury.
- Special cases detailed above shall be tried by the Special Committee for Crimes Against the Republic and the Special Committee for Wartime Misconduct with the High Court acting in an advisory role.
- The punishment for the special cases shall include prison terms ranging from ten years to life, fines up to ₠10,000,000, and possible outlawry.
- The First Citizen of the Republic shall incur no liability by reason of acts carried out in his official capacity.
- Throughout the term of office, the First Citizen shall not be required to testify before any Court of law or Administrative authority and shall not be the object of any civil proceedings, nor of any preferring of charges, prosecution, or investigatory measures. All limitation periods shall be suspended for the duration of said term of office.
- All actions and proceedings thus stayed may be reactivated or brought against the First Citizen one month after the end of his term of office.
- The First Citizen of the Republic shall not be removed from office during the term thereof on any grounds other than a breach of his duties patently incompatible with his continuing in office.
- Such removal from office shall be proclaimed by National Convention sitting as the High Court.
- The High Court shall be presided over by the Chair of the Special Committee for Crimes against the Republic.
- It shall give its ruling as to the removal from office of the First Citizen, by secret ballot, within one month.
- Its decision shall have immediate effect.
- Rulings given hereunder shall require a majority of two thirds of the members of the National Convention or of the High Court. No proxy voting shall be allowed. Only votes in favour of the removal from office or the convening of the High Court shall be counted.