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The Constitution of Darmen

The Constitution of the Republic of Darmen

Proposed by the Constitutional Assembly of Darmen

Promulgated by the Governing Council of the Confederation of Darmen

Entered into force on the First day of January, 2037 AD


Preamble
The Darmeni people, requiring a unified and proper governance of their internal and external affairs, do establish this Constitution as the supreme law of the Republic.

Article I-Sovereignty
§1 - Darmen shall be a democratic Republic. It shall ensure the equality before the law of all citizens, without distinction of origin, race or religion. It shall respect all beliefs. The Republic shall be guided by the principle of government of the people, by the people and for the people.

§2 - The national emblem shall be the green-white-green horizontal striped flag.

§3 - The national anthem shall be the 'Black Bear'.

§4 - The national motto shall be ‘Generosity, Humility, Loyalty’.

§5 - National sovereignty shall belong to the people, who shall exercise it through their representatives and by way of referendum. No section of the people and no individual may claim to exercise it. The suffrage shall be direct or indirect in conditions provided for by the Constitution. It shall be in all cases universal, equal and secret. The right to vote, in conditions laid down by law, shall be enjoyed by all Darmeni nationals of either sex who are of age and in full possession of their civil and political rights.

§6 - Parties and political groups shall play a part in the exercise of the right to vote. The right to form parties and their freedom of action shall be unrestricted. They must respect the principles of national sovereignty and of democracy.

Article II-The President of the Republic
§1 - The President of the Republic shall endeavour to ensure respect for the Constitution. They shall provide, by their arbitration, for the regular functioning of the public authorities and the continuity of the State. They are the protector of the independence of the nation and of respect for treaties and agreements. They are in general charge of the work of the Executive Cabinet. They are responsible for National Defence. They shall ensure the execution of laws. They shall be the protector of the independence of the judiciary.

§2 - The President of the Republic is elected for four years by the general electorate using instant-runoff voting.

§3 - Candidates for President of the Republic shall be at least thirty years of age, hold at minimum an associates degree from an accredited higher education institution, be a citizen of the State, and have lived in the State for the past ten years without any major interruptions. Candidates for President of the Republic shall be nominated by at least one thousand persons, with the nomination from a member of Parliament counting as five persons and the nomination from a municipal councilor counting as two persons.

§4 - If, for whatever reason, the Presidency of the Republic falls vacant, or if the incapacity of the President of the Republic has been certified by the Supreme Court, the functions of the President of the Republic shall be immediately transferred to the Vice President of the Republic, and thereafter to other members of government as may be directed by law.

§5 - If any candidate for President of the Republic, having declared their intention to run for the office thirty days prior to the election and having received the necessary number of nominations, shall die within seven days of the election, the Supreme Court may postpone the election by no more than fourteen days, excepting Sundays, after the consultation of the remaining candidates and the political parties involved in the election.

§6 - The transition between the outgoing and incoming Presidents of the Republic shall occur immediately after the incoming President of the Republic takes the Oath of Office.

§7 - The President of the Republic shall preside over the Executive Cabinet.

§8 - The President of the Republic shall promulgate laws within the fifteen days, excepting Sundays, following their final adoption by Parliament and transmission to the Office of the President of the Republic. Before the end of this period, the President of the Republic may ask Parliament to reconsider the whole law or specified articles. This reconsideration cannot be refused.

§9 - On the recommendation of the Parliament, or upon the delivery of a petition with the signatures of one-fifth of the members of Parliament and one-tenth of registered voters, with such signatures to be verified by the Supreme Court, the President of the Republic may submit to a referendum any Parliamentary Bill dealing with the organization of the public authorities, reforming the economic, environmental and social policies of the nation, and to the public services contributing thereto, approving an agreement or authorizing the ratification of a treaty which, although not in conflict with the Constitution, would affect the working of institutions. Where the referendum is held on the recommendation of Parliament, a debate must be held on the recommendation. If the result of the referendum is favourable to the adoption of the Bill, the President of the Republic promulgates it within fifteen days, excepting Sundays.

§10 - The President of the Republic may pronounce the dissolution of the Parliament, after consulting with the Speaker of Parliament. A general election shall take place not less than twenty and not more than forty days after the dissolution. The Parliament shall meet as of right on the second Thursday following its election. If this meeting takes place outside the periods fixed for ordinary sessions, a session opens as of right for a period of fourteen days, excepting weekends. No new dissolution may take place during the year following these elections.

§11 - The President of the Republic shall sign Executive Orders as have been considered by the Executive Cabinet.

§12 - Immediately upon their election, the President of the Republic shall appoint a Vice President of the Republic. Such appointment shall not be subject to Parliamentary approval, although the appointee must meet the requirements for candidacy to the office of President of the Republic.

§13 - The President of the Republic shall appoint qualified individuals to the civil and military posts of the State, including; Secretaries of State, Ambassadors and Envoys Extraordinary, Military Officers, and directors and executive members of Government agencies. Such appointments must be confirmed by a majority in Parliament.

§14 - The President of the Republic accredits Ambassadors and Envoys Extraordinary to foreign powers; foreign Ambassadors and Envoys Extraordinary are accredited to the President of the Republic.

§15 - The President of the Republic is Commander-in-Chief of the Defense, Intelligence and Police Forces.

§16 - When there exists a serious and immediate threat to the institutions of the Republic, the independence of the nation, the integrity of its territory or the fulfilment of its international obligations, and the regular functioning of the constitutional public authorities has been interrupted, the President of the Republic shall take any measures required by the circumstances, after consulting officially with the Speaker of Parliament and the Supreme Court. The President of the Republic shall inform the nation of these matters by a message. Such measures shall be inspired by the desire to ensure to the constitutional public authorities, with the minimum of delay, the means of fulfilling their functions. The Parliament shall meet as of right. The Parliament cannot be dissolved during the period of exercise of the exceptional powers. After thirty days of the exercise of such measures, the Speaker of Parliament or sixty members of Parliament may refer the matter to the Supreme Court. The Supreme Court shall decide if the serious and immediate threat still exists, and if it does not, shall order the end of the extraordinary measures. After sixty days of the exercise of such measures, the Supreme Court shall make a decision on the matter regardless of the existence of a referral from Parliament, and may do so at any point thereafter.

§17 - A State of Siege may be decreed by the President of the Republic. Its prolongation beyond twelve days can be authorized only by Parliament.

§18 - The President of the Republic has the right of pardon.

§19 - The President of the Republic shall communicate with the Parliament by means of messages which are read for him and on which there is no debate. The President of the Republic may themselves speak before Parliament. Following such an address, and in the absence of the President of the Republic, the Parliament may debate without vote on the address. If Parliament is not in session, it shall be specially summoned for this purpose.

§20 - The President of the Republic shall reside in the Presidential Mansion to be located in Scott City. The President of the Republic shall receive a monthly salary of three thousand dollars. The President of the Republic shall be entitled to protective services if they so choose.

Article III-The Executive Cabinet
§1 - The Executive Cabinet shall decide and direct the policy of the nation. It shall have at its disposal the civil service and the armed forces.

§2 - Its membership shall include the Secretaries of State appointed by the President of the Republic and approved by Parliament.

§3 - Membership in the Executive Cabinet is incompatible with that of Parliament, with the representation of any trade or professional organization on the national level and with any public employment or professional activity.

Article IV-Parliament
§1 - Parliament shall pass statute laws. It shall monitor the actions of the Executive Cabinet. It shall assess public policies.

§2 - The members of the Parliament are elected by direct universal suffrage. Elections shall be conducted using a closed party-list proportional representation, with seats appointed by the d’Hondt method. Each region shall be its own constituency. Each region shall be represented in Parliament by one member, with regions possessing more than fifty thousand inhabitants represented by an additional member for every fifty thousand persons. In addition to the regions, twelve members shall be elected to represent Darmeni citizens living overseas, seven members shall be elected to represent Darmen’s aboriginal citizens and one member shall be elected to represent Darmen’s witches and wizards.

§3 - Each assembly of Parliament shall last four years.

§4 - Each member of Parliament shall be paid a monthly sum of ten thousand dollars.

§5 - Members of Parliament shall be at least eighteen years of age, have completed at least thirteen years of schooling, received a favorable grade in the University Entrance Exam, and shall not have committed any serious crimes. No member of Parliament may serve in the Executive Cabinet or as a member of a municipal council. No sitting judges, officers of the peace, or active military personnel may serve as a member of Parliament. All members of Parliament shall have their primary residence within the constituency they represent.

§6 - If a member of Parliament vacates their seat for whatever reason, their political party shall nominate another eligible member of that party to take their seat.

§7 - No member of Parliament may be prosecuted, sought out, arrested, held in custody or tried on account of opinions expressed or votes cast by them in the exercise of their functions. No member of Parliament may be prosecuted or arrested on account of any crime or misdemeanour during a parliamentary session, without the consent of Parliament, except when the member is arrested during the act of committing the crime in question. Members of Parliament may be arrested when Parliament is not in session only with the authorization of the Supreme Court, except when the member is arrested during the act of committing the crime in question, when the prosecution has already been authorized or the final sentence pronounced. Members shall be released from custody or have their prosecution suspended if the Parliament so demands. Parliament may meet as of right for additional sittings in order to permit the application of the foregoing paragraph should circumstances so require.

§8 - Any specific instruction to a member of Parliament from an outside body is null and void. The member's right to vote belongs to themselves alone.

§9 - Parliament shall sit as of right in one ordinary session per year, which shall start on the one hundred twentieth working day prior to Thanksgiving and shall end on the last working day prior to Thanksgiving. The number of days for which Parliament may sit during the ordinary session shall not exceed one hundred twenty. The Speaker of Parliament or the majority of the members of Parliament may decide that Parliament shall meet for additional sitting days. Parliament shall not sit on any day of the weekend or national holiday except under exceptional circumstances. The hours of sittings shall be determined by the Speaker of the Parliament, and may begin no earlier than eight o’clock in the morning.

§10 - Parliament shall meet in extraordinary session at the request of the Speaker of Parliament or of the majority of the members of the Parliament, to debate a specific agenda. When the extraordinary session is held at the request of members of Parliament, the closure decree is read as soon as Parliament has completed the agenda for which it was called and at most twelve days after its first meeting. Only the Speaker of Parliament can ask for a new session before the end of the month following the date of the closure decree.

§11 - Except when Parliament meets as of right, extraordinary sessions are opened and closed by Executive Order of the President of the Republic.

§12 - The Speaker of Parliament is elected for the life of each Parliament by the members of that Parliament. Such an election shall occur seven days after the announcement of election results. Only one ballot shall be held, with the member of Parliament receiving the most votes elected. If there is a tie, the President of the Republic shall select a Speaker of Parliament from among the tied candidates.

§13 - The sittings of Parliament shall be public. A verbatim report of debates shall be published in the Parliamentary Journal. Parliament may meet in secret at the request of the Speaker of Parliament or of one-tenth of its members.

§14 - Declarations of War shall be authorized by the Parliament. The President of the Republic shall inform Parliament of their decision to have the armed forces intervene abroad, at the latest three days after the beginning of said intervention. The President of the Republic shall detail the objectives of 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 President of the Republic shall submit the extension to Parliament for authorization. If Parliament is not sitting at the end of the four-month period, it shall express its decision at the opening of the following session.

§15 - Parliament may adopt resolutions as it deems necessary. Resolutions shall not be considered laws and may simply state the position of the Parliament on a certain subject.

§16 - Legislative initiative may be exercised by members of the Executive Cabinet and members of Parliament, although the Bill in question must be proposed by a member of Parliament at First Reading. Adopted Bills shall be transmitted to the Office of the President of the Republic as soon as possible for promulgation.

§17 - The agenda of the Parliament shall be determined by the Speaker of Parliament. Priority is given at one sitting per week to the questions of members of Parliament and the replies of the Government, and at another sitting per week to the assembly of the Parliamentary Committees.

Article V: International Agreements and Treaties
§1 - The President of the Republic shall negotiate and ratify treaties. They shall be informed of the negotiation of any international agreement not subject to ratification.

§2 - Peace treaties, commercial treaties, treaties or agreements concerning international organization, those which involve the State in financial obligations, modify the provisions of the law, concern personal status or involve the cession, exchange or addition of territory shall be ratified or approved only by virtue of a law. They shall take effect only after having been ratified or approved. No cession, exchange or addition of territory shall be valid without the consent of the populations concerned.

§3 - The Republic may enter into agreements with Rushmori States which are bound by undertakings identical with 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 their action in pursuit of freedom or who seeks the protection of Darmen on other grounds.

§4 - If the Supreme Court, consulted by the President of the Republic or Speaker of Parliament, declares that an international obligation includes a clause contrary to the Constitution, authorization to ratify or approve it may be accorded only after revision of the Constitution.

§5 - Treaties or agreements regularly ratified or approved have, from the time of publication, an authority superior to that of laws, provided, in the case of each agreement or treaty, that it is applied by the other party.

Article VI: The Supreme Court and Judicial Provisions
§1 - The Supreme Court shall have eleven members, who shall serve for life or until their voluntary retirement. Initially its membership shall include each of the Chief Justices or the equivalent individual of the highest judicial bodies of the members of the Confederation. Thereafter, the President of the Republic shall appoint new members to fill vacancies on the court, with such appointments to be approved by Parliament. The Chief Justice shall be appointed by the President of the Republic.

§2 - The functions of a member of the Supreme Court shall be incompatible with those of any other position, political or otherwise.

§3 - The Supreme Court shall supervise the election of the President of the Republic, with a view to ensuring its regularity. It shall investigate objections and proclaim the results of the vote.

§4 - The Supreme Court shall decide, in disputed cases, on the regularity of the election of members of Parliament.

§5 - The Supreme Court shall supervise the conduct of referenda with a view to ensuring their regularity, and proclaim the results.

§6 - If called upon by any member of society, the Supreme Court may decide on the Constitutionality of any law or provision therein. A law or provision declared unconstitutional may not be promulgated or applied, and if necessary, shall be repealed automatically by the Supreme Court. Decisions of the Supreme Court on these matters are not subject to appeal. They are binding on public authorities and on all administrative and judicial authorities.

§7 - No one shall be arbitrarily detained. The judicial authority, guardian of the liberty of the individual, shall ensure respect for this principle in conditions determined by law.

§8 - No one shall be sentenced to death.

§9 - Throughout their term of office the President of the Republic shall not be required to testify before any Darmeni 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 President of the Republic one month after the end of their term of office. The President of the Republic or any other member of the Executive Cabinet shall not be removed from office during the term thereof on any grounds other than a breach of their duties patently incompatible with their continuing in office. Such removal from office shall be proclaimed by Parliament following the approval of two-thirds of its members by secret ballot. Such a vote may not be held unless a motion for such a vote is passed by a majority of the members of Parliament.

§10 - Members of the Executive Cabinet are penally responsible for actions performed in the carrying out of their duties and classed as crimes or misdemeanours at the time when they were committed. The procedure set out above is applicable to them and to their accomplices in cases of plotting against the security of the State. In the cases provided for in this paragraph, the Parliament is bound by the definitions of the crimes and misdemeanours and by the rules as to penalties to be found in the criminal laws in force at the times when the actions were performed.

§11 - Any person claiming to be a victim of a serious crime or other major offence committed by a member of the Executive Cabinet in the holding of their office may lodge a complaint with a petitions committee. This committee shall order the case to be either closed or forwarded to the whole Parliament for its consideration.

Article VII-The Territorial Entities
§1 - The territorial entities of the Republic shall be the regions and the municipalities. Any other territorial entity shall be created by law.

§2 - Regions shall initially serve only for electoral and statistical purposes. Parliament may extend the right to some level of devolved government to one or all of the regions as it so chooses.

§3 - Municipalities may take decisions in all matters arising under powers that can best be exercised at their level. In the conditions provided for by statute, these entities shall be self governing through elected municipal councils and shall have power to make regulations for matters coming within their jurisdiction.

§4 - No territorial entity may exercise authority over another. However, where the exercising of a power requires the combined action of several territorial entities, one of those entities or one of their associations may be authorised by statute to organise such combined action.

§5 - The conditions in which voters in each territorial entity may use their right of petition to ask for a matter within the powers of the entity to be entered on the agenda of its governing body shall be determined by statute. Under the conditions determined by statute, draft decisions or acts within the powers of a territorial entity shall, on the initiative of the latter, be submitted for a decision by voters of said entity by means of a referendum.

§6 - When the creation of a special-status territorial entity or modification of its organisation are contemplated, a decision may be taken by statute to consult the voters registered in the relevant entities. Voters may also be consulted on changes to the boundaries of territorial entities under the conditions determined by statute.

§7 - Territorial entities shall enjoy revenue of which they may dispose freely under the conditions determined by statute. They may receive all or part of the proceeds of taxes of all kinds. They may be authorised by statute to determine the basis of assessment and the rates thereof, within the limits set by such statutes. Tax revenue and other own revenue of territorial entities shall, for each category of territorial entity, be used solely by that territorial entity.

§8 - Whenever powers are transferred between the national government and the territorial entities, revenue equivalent to that given over to the exercise of those powers shall also be transferred. Whenever the effect of newly created or extended powers is to increase the expenditure to be borne by territorial entities, revenue as determined by statute shall be allocated to said entities.

Article VIII-Agreements of Association
§1 - The Republic shall participate in the development of solidarity and cooperation between States and peoples having the Legonian language in common.

§2 - The Republic may conclude agreements with States desiring to form an association with it, in order to develop their civilizations.

Title IX-Revision of the Constitution
§1 - The right to propose amendments to the Constitution belongs concurrently to the President of the Republic and to members of Parliament. The amendment becomes effective when it has been approved by three-fifths of Parliament, and if the ninth section of Article II is invoked, successful passage by referendum of the people. The amendment procedure may not be initiated or pursued when the integrity of the territory is under attack.

Signed
Tor Tong Lee, Chairman of the Constitutional Convention & Provisional President of Darmen
Justin Manamus, Chairman of the Governing Council of the Confederation of Darmen & Emperor of Romanopolis

The Republic of Darmen

Report