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by The People's Federation of Pan-Asiatic States. . 230 reads.

[NO LONGER CANON] The 1992 Constitution of the Pan-Asiatic States

    From Proletaripedia, the People's Encyclopedia!

    This article is abridged. Some sections have been cut for comprehensibility.


The 1992 Constitution of the Pan-Asiatic States


Drafted via convention between the 1st January and 9th February 1991 CE
Ratified 17th October 1992 CE

PREAMBLE


Asia is one of the countries with the longest histories in the world. The people of all nationalities in Asia have jointly created a splendid culture and have promulgated a glorious revolutionary tradition. The Asian proletarians waged wave upon wave of heroic struggles for national independence, liberation, democracy, recognition, and freedom. Great and earth-shaking historical changes have taken place in Asia since the 20th century. Widespread death brought by American and British Imperialism in the Southeastern regions, and by the Tojo Regime in the Far East had but crippled the resolute pride of the indigenous inhabitants of this united continent. Thereupon the Asian people took state power into their own hands and became masters of the country.

After the founding of the People's Republic, the transition of Asian society from divided democratic Nation-States to a Soviet Socialist Society was established step-by-step. The socialist transformation of the private ownership of the means of production was completed, the system of exploitation of man by man eliminated and the socialist system established. The people's democratic dictatorship led by the working class and based on the alliance of workers and peasants, which is in essence the dictatorship of the proletariat, has been consolidated and developed. The Sino-Austronesian people and the New People's Army have thwarted aggression, sabotage and armed provocations by imperialists and hegemonists, safeguarded Asia's national independence and security and strengthened its national defense. Major successes have been achieved in economic development. An independent and fairly comprehensive socialist system of industry has in the main been established. There has been a marked increase in agricultural production. Significant progress has been made in educational, scientific, cultural and other undertakings, and socialist ideological education has yielded noteworthy results. The living standards of the people have improved considerably. Both the victory of Asia's new-democratic revolution and the successes of its socialist cause have been achieved by the proletarians of all nationalities under the leadership of the Asian Communist Party, the guidance of Marxism-Leninism and Mao Zedong Thought, by upholding truth, correcting errors and overcoming numerous reactionary adversaries, difficulties and hardships.

Therefore, we, the sovereign, and newly united Asian people, imploring the aid of our Forefathers, in order to build a just and humane society, and establish a Government that shall promote the will of the people, preserve the Dictatorship of the Proletarian, conserve and develop our patrimony, and secure to ourselves and our posterity, the blessings of Independence, Socialism and Democracy under the rule of law and a regime of truth, justice, freedom, love, equality, and everlasting glory, do ordain and promulgate this Constitution- which will embody the ideals and aspirations of every Asian proletarian under the almighty people's banner.


ARTICLE I - THE FEDERAL ADMINISTRATION

Section I - The Secretary-General

(i) The Secretary-General is the de facto Head of the Office of the Administration, Head of State of the Pan-Asiatic States Chairman of the Asian Communist Party, and Commander-in-Chief of the Pan-Asiatic States Armed Forces.

(ii) The Secretary-General is the acting Minister of Foreign Affairs, and Chief Diplomat of the Pan-Asiatic States; and is the foremost representative of the Asian People during matters which concern the international community.

Section II - The State Soviet (Congressional President)

(i) The State Soviet is the President of the Congress of Soviets, and must represent its members and their subordinates to the Federal Government.

(ii) The State Soviet is the coordinator over the legislative proceedings presented between the Congress of Soviets and the District Assemblies.

Section III - The Supreme Commissary (Head of Government)

(i) The Supreme Commissary is the acting Head of Government of the Pan-Asiatic States, and must coordinate, organize, and lead the Ministries which comprise the establishment to further the needs of the country.

(ii) The Supreme Commissary, at their own discretion, holds the authority to appoint and repeal Ministers.

(iii) The Supreme Commissary is the de jure Minister of Internal Affairs, and is to preside over coordination between the executive representation of the Federal administration and district-level proceedings.

ARTICLE II - THE NATIONAL EXECUTIVE CONSTITUENCY

Section I - The District

(i) The District is to be the most basic and localized form of governance, composing the most basic units of administration, and is to elect constituents of a District Council to govern socioeconomic sectors set by the Commission on Elections.

(ii) District Councils shall be separate on both business, presiding over the most local state-economic matters, and the residential level, presiding over the most local executive matters. Citizens may only register to take part in either one based on preference.

Section II - The Prefecture

(i) The Prefecture shall compose multiple Districts.

(ii) The Prefecture shall be presided over a Prefect or Supreme Soviet who is the prefectural representative of a polity's people to the Federal Congress of Soviets.

ARTICLE III - THE FEDERAL CONGRESS OF SOVIETS

Section I - Agenda

(i) The Federal Congress of Soviets, that is, the Central People's Government of the Pan-Asiatic States, is the executive body of the highest organ of state power; it is the highest organ of state administration.

(ii) Legislation is to be passed by the Federal Congress, as the supreme legislative organization (hereby Federal Acts) and thus supersedes and overrides lower levels of economic and legal legislation.

Section II - Composition

(i) The Federal Congress of Soviets shall consist of a single chamber, with 3991 Representatives taking seats in the Assembly. These Representatives shall all be members of the Asian Communist Party elected by Soviets of each individual administrative district.

(ii) All 4000 seats in the Federal Congress of Soviets shall be up for re-appointment every 2 years, twice per Administration, and will be conducted on a national level.

ARTICLE IV - THE STATE DISTRICT ASSEMBLY

Section I - Agenda

(i) The District Assembly shall be the regional coordinating and autonomous body of each State to enact immediate legislation (hereby State Ordinances) not concerning other States of the Federation.

(ii) The District Assembly will compose members of constituents of varying District Councils throughout a State.

(iii) Each State is entitled to the possession of one District Assembly. These Assemblies shall compose 501 constituents of district-level soviets each. These Assemblies will be as listed:

    Region 1 - The Tagalog District Assembly
    Region 2 - The Melanesian District Assembly
    Region 3 - The Nusantaran District Assembly
    Region 4 - The Burmese District Assembly
    Region 5 - The Siamese District Assembly
    Region 6 - The Indochinese District Assembly
    Region 7 - The Korean District Assembly
    Region 8 - The Chinese District Assembly
    Region 9 - The Japanese District Assembly

(iv) Each State composite of the Pan-Asiatic States shall elect a District Assembly on-schedule to national elections for the Federal Congress.

(v) Representatives to the District Assembly must be restricted to registered citizens of that State only.

ARTICLE V - Judicial Authority

(i) Administration of Adjudication - The Ministry of Justice shall represent the judiciary branch in coordination with the executive. The people's courts adopt the system whereby a case should be finally decided after two trials. This means:

    (a) A judgment or orders of a first instance must come from a local people's court, and a part may bring an appeal only once to the people's court at the next higher level. The people's procuratorate may present a protest to the people's court at the next higher level.
    (b) Judgment or orders of the first instance of the local people's courts at various levels become legally effective if, within the prescribed period for appeal, no party makes an appeal.
    (c) Judgments and orders of the court of the second instance shall be seen as final decisions of the case. However, any judgments and orders rendered by the Supreme People's Courts as the court of the first instance shall become immediately legally effective.

(ii) Supercession - All courts are under the administrative authority of the Supreme Commissary, through his ambassador to the Ministry, the Minister of Justice, though in its executive aspects only; insofar as the administration of its budget and in its collaboration with the Federal government to promulgate. This means that the Federation remains restricted in interfering with the democratic appointment of key court officials, and in the proceedings of motions.

    (a) The Congress of Soviets has the power of judicial review to determine if a member of government has exceeded their authority.

    (b) The Secretary-General is immune from prosecution by the Court System, except by a special Ombudsman Court. The Secretary-General has the authority to request or dismiss a judicial review.

(iii) The Supreme People's Court - The Supreme People's Court is the highest judicial organ of the State. The president of the Supreme People's Court is elected by the Congress of Soviets and its standing committee. His term of office is five years and he may serve for no more than two consecutive terms. The Congress of Soviets standing committee appoints or dismisses head and associate heads of divisions, and judges.

The Supreme People's Court composes:

    (a) A criminal division,
    (b) A civil division,
    (c) An economic division,
    (d) and an Ombudsman's division on both Federal and State levels.
    (e) It may have such other divisions, as the Ministry of Justice necessitates, if approved by the Congress of Soviets.

(iv) Jurisdiction of the Supreme People's Courts - The Supreme People's Court supervises the work of the local people's courts at various levels as well as the special courts. "The Supreme People's court give interpretation on questions concerning specific application of laws and decrees in judicial proceedings." In reality, the practice of interpreting laws and decrees by the Supreme People's Court has developed in recent years to an extent that is called "judicial legislation". The legislation does require guidance in order to fill gaps and to solve conflicts and some vagueness among the laws so that effective enforcement can be carried out by the judicial branch. However, the Supreme People's Courts shall primarily supervise the following:

    (a) Cases of first instance assigned by laws and other cases that it considers it should try itself;
    (b) Appealed and protested cases against judgments and other orders of higher people's courts and special people's courts;
    (c) Protested cases filed by the Supreme People's Procuratorate.

(iv) The Higher People's Courts - The Higher People's Courts are courts of provinces, autonomous regions and municipalities directly under the Central Government. The internal structure is almost the same as that of the Supreme People's Court according to the definition of the organic Law.

A higher people's court deals with cases of the first instance assigned by laws and decrees, cases of the first instance transferred from people's courts at the next lower level, cases of appeals and of protests lodged against judgments and orders of people's courts at the next lower level, and cases of protests lodged by people's procuratorates.

(v) The Intermediate People's Courts - They are the courts established in capitals or prefectures in the provincial level. The scope of jurisdiction by an intermediate people's court covers cases of first instance assigned by laws and decrees, cases of first instance transferred from the basic people's courts, and appealed and protested cases from the lower court.

(vi) The Basic People's Courts - The basic courts, as the lowest level, are normally located at the county, municipal districts and autonomous counties. A basic people's court may set up a number of people's tribunal according to the conditions of the locality, population and cases involved. A people's tribunal is a component of the basic people's court, and its judgments and orders are considered as judgments and orders of the basic people's court with the same legal effects. In practice, a tribunal of this nature is often set up in big town or townships where there is a concentrated population. As defined in the Organic Law, the basic people's court adjudicates all criminal and civil cases of the first instance except where the law provides otherwise. Besides trying cases, a basic people's court is also responsible for settling civil disputes, handling minor criminal cases that do not require formal handling, and directing the work of the people's mediation committees.

(vii) The Special Courts - The special courts include military courts, railway courts and maritime courts. The military court that is established within the Pan-Asiatic States Armed Forces is in charge of hearing criminal cases involving servicemen. This is a relatively closed system.

The railway and transport court deals with criminal cases and economic disputes relating to railways and transportation.

Five maritime courts have been established by the Supreme People's Court at the port cities of Neo-Manila, Shanghai, Qingdao, Kota Kinabalu and Neo-Singapore. These courts have jurisdiction over maritime cases and maritime trade cases of the first instance, including any other disputes of this category taking place between Chinese and foreign citizens, organizations, and enterprises. Nevertheless, they have no jurisdiction over criminal cases and other civil cases belonging to the ordinary courts. The higher people's court in the locality where a maritime court is located shall have jurisdiction over appeals against the judgment and orders of the maritime court.

ARTICLE VI - CONSTITUTIONAL SUPREMACY AND EMENDATION

Section I - Supremacy

(i) This Constitution is the supreme legal authority of the Pan-Asiatic States and is superior to all other documents.

(ii) This Constitution may not be removed from Pan-Asiatic States' law.

Section II - Emendation

(i) This Constitution may only be amended by the Congress of Soviets after a democratic referendum.

FIRST AMENDMENT

Section I - Marxist-Leninism Maoism

(i) Marxist-Leninism Maoism, Mao Zedong Thought, Neo-Maoism, &c. represent the ideologies, dreams, and aspirations of the united Asian proletarian, to be followed and respected by all citizens of the soviet federation.
(ii) All designated Party-Literature (&c.) may be freely printed and distributed; nullifying all Copyright Laws which apply to regular publication.

Section II - Emergency Powers

(i) If agreed upon by all three powers of the Administration, and with the approval of a national referendum, an Administration can extend its term in times of national emergency
(ii) Administrations can only invoke the authority of emergency powers up to 7 years unless this constitution is ammended

SECOND AMENDMENT

Section I - Mandatory Possession of Firearms

(i) Every citizen must have at least one (1) firearm, no higher than Tier 9, in their person (or accompanied by a person/s with one) at all times.
(ii) Distribution of choice Tier 1-3 Firearms are to be claimed from Government Community Centers free of charge.
(iii) All Citizens must oblige to random inspection protocols by Government Officials if demanded. Citizens without possession of a firearm will be fined 500-1200 Labor Vouchers based on violation history and/or intensity of violation.

Section II - Ban on Automobiles

(i) All Private Roads are to be abolished, and to be replaced with Mass-Transit Public Transportation.
(ii) Ownership of unregistered private vehicles are to be illegal, with a fine of 1000-2000 Nueva Pesos when caught in possession of one, based on the intensity, violation history, and/or forgery of registration plates.
(iii) Ban excludes properly registered Government Officials, Healthcare Personnel, &c.

THIRD AMENDMENT

Section I - Closed Borders

(i) Hereby repeals the Right to Free Travel.

Article I - Supremacy

(i) Noting that permanent Immigration from foreign nations is a risk to the preservation of the Asian Master-Race, wherein foreign culture must be ostracized from the mental state of Asians. Wherein false media is promoted by allowing a diversity of culture, and the equilibrium of our free, democratic, equal, Communist society to be left in havoc by living side-by-side, day-to-day.

(ii) Considering the risks of counter-revolution against the State through Terrorism by alien, uncultured radicals, by allowing foreigners to immigrate.

    (a) Wherein non-homegrown elements scarce will pledge TRUE allegiance to the Asian States.
    (b) To prevent Military coups unforeseen by the Administration.
    (c) To socio-culturally abolish Colonial Mentality.
    (d) To separate the Capitalist cultures of the West from the moral integrities of the East.

(iii) In the spirit of the preservation of the Pan-Asiatic economy,

    (a) Wherein Emmigration is to renounce your Asian allegiance.
    (b) In an effort to prevent Brain Drain culture, wherein specialized workers become the benefit assets of enemy-states.

Article II - Emmendation

    (i) Exempting diplomatic members, who will be provided for directly by the State, and are allowed entry into diplomatic, public and tourist areas; yet still banned from all residential districts.
    (ii) Exempting Tourist-based visits, who are banned from the rural and residential districts and limited only to City-Centres; and must abide to only loiter around designated Tourism Prefectures. Maximum of two months visit when using a Tourist VISA. VISA must be renewed afterwards.
    (iii) Exempting Ministry of Education-approved School-based Student Exchange programs &c.
    (iv) Exempting Countries who have signed an Open Borders Pact with the Pan-Asiatic administration, wherein foreign citizens of such countries will be allowed permanent immigration (&c. Emigration) and prolonged periods of tourist visitation without a VISA.

Article III - Penalization

    (i) Two years re-educational labor per six months in restricted zones or public flogging if illegal citizenship has lasted more than a decade.
    (ii) Otherwise, amended penalty superimposed by the Congress of Soviets.

FOURTH AMENDMENT

Section I - Ban on Gambling

(i) Hereby enacts a Ban on the counterrevolutionary agenda of Gambling.


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