Second Amendment
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Official Commonwealth House Site -- Ibrosia.tk
• Official Commonwealth House Site -- Ibrosia.tk
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The Second Constitutional (Organic Law) Amendment An Official Act of the Government of the Great Commonwealth of the Ibrosian Democracy ćcté d’wesetilk d’ŷe grande wealth d’commune dek Lk'esoeseak-Iboroseỗ The Eleventh day of November, Twenty-Hundred and Two CE
AN AMENDMENT to clearly define in law the due processes of government within the Great Commonwealth of the Ibrosian Democracy.
Should it be enacted by the will of at least two thirds of the people of the Great Commonwealth of the Ibrosian Democracy, this Amendment shall be passed into constitutional law with the particulars stated herein:
Preamble
The Great Commonwealth of the Ibrosian Democracy hereby affirms its status as an independent and sovereign nation and state. The status of all citizens as sovereign is hereby affirmed. The status of a citizen’s Estate as sovereign property of the said citizen is hereby affirmed. The status of the Petition of the Constitution, enacted on the Eleventh Day of November, Twenty-Hundred and One as the fundamental law of this Great Commonwealth is hereby affirmed. The status of direct democracy and consensual government as the ideology of this state is hereby affirmed. Long Live the Great Commonwealth.
Section 1 – The Houses of the Éhoi
Article I
All legislative powers of the Great Commonwealth federally are vested within the Great Commonwealth Houses of the Éhoi – which shall be the correct parliament for legislating in this State.
Article II
The Éhoi shall be split into two houses, the Upper House or grande éhoi and the Lower House or Wéthenágemoté. The Wéthenágemoté shall be further divided into a Federal Legislative Assembly and a House of the Senate.
Article III
The grande éhoi shall be an assembly for debate, decision-making and the placing of questions before the National Executive. The grande éhoi shall hold session with no more than a two month interval between each and no more than twenty sessions per year. All citizens may enter, vote and speak in the grande éhoi, which shall be under the control of the Prime Minister as the Speaker of the House.
Article IV
(1) The House of the Senate within the Wéthenágemoté, or Lower House shall comprise of persons duly elected every year. Each province shall, by popular vote of the people conducted on a federal level, elect one to three Senators from their provincial residents; the quantity of Senators shall be dependent on size in the following manner: one Senator for the smallest forty per cent of provinces, three Senators for the largest forty percent of provinces and two Senators for all provinces which remain outwith these standards. Every citizen must lawfully be incorporated into a province. (2) No person shall serve or be duly elected as a Senator who has not attained an age of at least fifteen years and become a lawful citizen of this Great Commonwealth. (3) When a Senate shall appoint from its numbers one Governor of the Senate, by direct vote on the first session. (4) When a Senate seat becomes vacant, the Governor of the Senate may issue a Petition of Election requesting the Supreme Court of the Judiciary announce declare an election in the applicable province. The Supreme Court of the Judiciary may not refuse such a request without good reason. (5) The Senate shall have sole powers of impeachment, under oath or affirmation, and other powers as defined by the grande éhoi. No person may be impeached or convicted without the support of two-thirds of the Senators present. Powers may extend to depriving an individual of the ability to hold office of trust, honour or profit under the Great Commonwealth.
Article V
Members of the Federal Legislative Assembly shall be appointed by the Prime Minister at his discretion. When a government is dissolved, the Legislative Assembly shall also be dissolved.
Article VI
The grande éhoi shall have supreme legislative power within the Great Commonwealth in accordance with the Constitution Act 2001 and other relevant legislation.
Section 2 – Powers and Procedures of the Office of Prime Minister
Article I
National Executive powers within the Great Commonwealth shall be vested in the Prime Minister of the Great Commonwealth of the Ibrosian Democracy, as directly elected by the Ibrosian people.
Article II
The Prime Minister shall be directly accountable to the grande éhoi and may be removed from office at any time by the passage of a “Motion of No Confidence” against him. Upon the passage of the aforementioned motion, a direct election shall be declared by the Governor of the Senate within one week of his removal. No more than one such motion may be raised within a period of three months from the last or from a Prime Ministerial Election.
Article III
The Prime Minister shall be responsible for:
(a) the production of declarations of war, martial law and emergency measures on behalf of the Great Commonwealth
(b) the appointment of members of the Federal Legislative Assembly, the assignment of ministerial portfolios and the appointment of Ministers of the National Executive.
(c) the creation and enactment of treaties with recognised foreign states.
(d) solving of legislative disputes in such times as an equal split of the vote in the grande éhoi, Federal Legislative Assembly and House of the Senate.
(e) addressing, on at least an annual basis, the nation to report on the present state of the nation politically.
(f) matters assigned to the Office of the Prime Minister by the legislative houses of the Great Commonwealth.
(g) serving as a Speaker in the grande éhoi and convening sessions of the grande éhoi in consul with the Secretary of State.
(h) the enactment of laws. All laws declared by the grande éhoi must be signed by the Prime Minister in order to have them duly enacted. The Prime Minister has no power to refuse to enact a law passed properly and with due consent.
Article IV
A Prime Ministerial Election, as described in Section 2(2) of this act shall be in the form of a direct election. The candidate who acquires the largest number of votes shall win. This election shall be conducted by Great Commonwealth Government federal offices – provincial and local government shall have no rights of interference.
Article V
For the purposes of a Prime Ministerial Election, all candidates must:
(a) Have attained the age and right to be known as a Great Commonwealth Citizen and have pledged allegiance to the Ibrosian Democracy. (b) Have been resident in the Great Commonwealth for a period of no less than one hundred and twenty days
Article VI
Upon due election by the people, a candidate shall be required to take the following Oath or Affirmation in the presence of a joint meeting of the Houses of the Éhoi:
“I do hereby solemnly swear [or affirm] to exercise the powers of the Office of the Prime Minister to the benefit of the people of the Great Commonwealth of the Ibrosian Democracy and before all else, protect and enforce the Constitution of the Great Commonwealth [so help me God]”
Article VII
(1) The Prime Minister shall be awarded an annual allowance and emolument from the Privy Coffer of the State, as determined by law. (2) These emoluments and allowances may not be diminished during a Prime Minister’s term of office.
Article VIII
The official residence of the Prime Minister shall be the Province of Nova Britannia, which shall consist solely of the lands within the serving Prime Minister’s Estate as presented to this Great Commonwealth.
Article IX
The Prime Minister shall have no rights to cast votes within the grande éhoi excepting such times as an equal split exists.
Article X
Should the Prime Minister be unable to perform the due functions of office as described in the Constitution Act 2001 and other legislation of this House, control of the Office of the Prime Minister shall be passed down in the following order of succession:
(1) The Secretary of State of the Great Commonwealth (2) The Governor of the House of the Senate (3) The Minister of Defence (4) The Director-General of the Office of National Security (5) The Attorney General of the Great Commonwealth (6) The Office of Emergency Measures, subsection of the Ministry of the Interior The Federal Government shall hereon collapse (6) The Governor-Lieutenants of the various provinces of the confederation (7) The local military command structure
Section 3 – Powers of the Supreme Court of the Judiciary
Article I
Judicial powers, as assigned by the legislature and the constitution, are to be vested in the Great Commonwealth Supreme Court of the Judiciary, which shall be the highest criminal and civil court in the Great Commonwealth of the Ibrosian Democracy. All persons shall have the right to appeal a criminal conviction to the Supreme Court of the Judiciary.
Article II
It shall be within the powers of the Supreme Court of the Judiciary to rule in cases of ambiguous laws, and shall have the power to repeal illegal and unconstitutional law and to award finances equal to those which have been lost by individuals by the enactment of such law.
Article III
The Supreme Court of the Judiciary shall not differentiate between the trying of Criminal Law and Civil Law, criminal actions being considered to be a tort against the applicable victim and also a tort against the reputation of the Great Commonwealth. Torts against the Great Commonwealth shall be the only form of law where imprisonment is a viable option and compensation shall be recommended by statutory law, these torts against the Great Commonwealth shall be considered to be treasons if committed by a citizen and acts of war if committed by a foreigner.
Article IV
It shall be the responsibility of the Lord Chief Justice of the Supreme Court of the Judiciary to rule on matters of constitutional law. He may, at his will, appoint inferior Justices of the Supreme Court of the Judiciary to rule on matters of civil and criminal law.
Article V
The Supreme Court of the Judiciary shall have no powers, implied or otherwise, to rule or command the inferior courts within the Great Commonwealth. All provincial courts are independent of federal control.
Article VI
The Lord Chief Justice of the Supreme Court of the Judiciary shall be appointed by the House of the Senate by process of simple majority voting. Any citizen may nominate themselves for election by the Senate. Consent to the decision of the House of the Senate must be given by the Attorney-General of the Great Commonwealth, in consul with the Governor of the House of the Senate.
Section 4 – The Defence Services of the Great Commonwealth
Article I
The right of independent militias to be created and hold arms shall not be infringed upon by the Great Commonwealth.
Article II
The Great Commonwealth shall sponsor the Ibrosian National Militia out of the privy coffer of the State. In return, the Ibrosian National Militia shall be commanded partially by the Ministry of Defence and other departments of the federal government as per legislation
Article III
The Great Commonwealth shall maintain a regular defence force to be mobilised when required. This shall form the Ibrosian Joint Services, to be made up of the Ibrosian National Army and other military services as the grande éhoi sees proper.
Article IV
The Ibrosian National Militia and Ibrosian Joint Service’s soldiers shall swear only to uphold the Constitution of this Great Commonwealth, protect and defend the people, democracy, and the ideals of the Ibrosian State. They shall not be asked to pledge allegiance to the government of the day or any provincial states.
Section 5 – Interpretation
1. -(1) For the purposes of this Act: (a) An individual’s “Estate” shall be defined as the sovereign lands and property of one citizen which make up this confederation. (b) The “operational text” of this act shall be considered to be the Preamble and all text from Section (1) to Section (4) of this Act.
Section 6 – Short Title, Amendment, Commencement and Extent of this Act
1. -(1) This Act may be cited as the Second Constitutional (Organic Law) Amendment 2002 (2) This Act shall come into effect upon the Eleventh Day of November 2002 c.e. in accordance with the wishes of the grande éhoi and the due consent of the Returning Officer. (3) This Act extends to: (a) The Great Commonwealth
2. -(1) This Act shall be considered to be a constitutional document of the Great Commonwealth of the Ibrosian Democracy (2) This Act may not be amended without the consent of at least two-thirds of the assembled grande éhoi. (3) In accordance with Part 8 of the Constitution Act 2001, the operational text of this act shall be entered into the said Constitution Act 2001 as Part Nine, Amendment II. |
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