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by The Most Serene Republic of Montevento. . 82 reads.

CONSTITUTION | Most Serene Republic of Montevento

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Potere Legislativo
Consiglio Nazionale

Legislative Power - National Council
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The follwing document is an official copy of the current constitution of the Most Serene Republic of Montevento,
redacted and approved by the National Council and accepted by the citizens of Montevento with a popular referendum.

CONSTITUZIONE DELLA SERENISSIMA
REPUBBLICA DI MONTEVENTO
CONSTITUTION OF THE MOST SERENE REPUBLIC OF MONTEVENTO OF 1987

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P R E A M B L E
The Monteventani people, through their legitimate representatives gathered in General Constituent Assembly, in fulfilment of pre-existing pacts, recognizing human dignity in order to assure liberty, equality and justice and reaffirming the principles of republican, representative, participative and pluralistic democracy, ratifying the national sovereignty and independence, and integrating the international community, sanctions and promulgates this Constitution for the Monteventani Republic.


S E C T I O N ⠀I
THE NATION AND ITS SOVEREIGNTY


CHAPTER I - THE STATE

Article 1 The Most Serene Republic of Montevento is the political association of all the people currently living inside its territories or any other land controlled or administrated by it.
Article 2 It is, and will remain, as a completely free and independent state, not owning obligations to any external power, shall it be another nation or any kind of international organization. Only the institutions created by this Constitution have the power to dictate its policies and laws.
Article 3 In the Most Serene Republic of Montevento sovereignty resides in the People, who exercise it in accordance with the provisions of this Constitution.
Article 4 The heritage of the Montevento will never be in hands of privates, individuals or families. It will be controlled by the state and owned by all the citizens of Montevento.

CHAPTER II - CULTURAL ASPECTS

Article 5 The State officially recognizes Italian as its national language, and has the duty to offer its services in this language. English is recognized as the official language of the government, in order to make easier the communication between Montevento and foreign governments. The law will establish the modalities for using the official languages of the Republic.
Article 6 All religions are allowed in Montevento. Every individual currently inside of its borders is free to practise any religion and cannot be prosecuted for it, unless it puts the integrity of others at risk, in which case the authorities will be allowed to act in order to protect the citizens and inhabitants of Montevento. It is a duty of the State to protect the freedom of cult in Montevento, ensuring that acts of hate and violence against individuals based on their religious beliefs get prosecuted and sanctioned by the institutions later specified in this Constitution.
Article 7 The state is forbidden of practising any kind of religion, adopting a completely secular position. The State is also not allowed to provide any kind of financial or political support to any religion or religious organization.

CHAPTER III - PRINCIPLE OF PEACE

Article 8 Montevento must ensure the peaceful resolution of all conflicts that occur between it and other states, opting for arbitration or other peaceful methods to do so. The State must seek the political and economic integration of the states of the world, seeking to deepen international cooperation in the search for common benefits.
Article 9 According to the peaceful values ​​that prevail in Montevento, the State is prohibited from declaring war on other states, unless it is for the defense of itself or other associated or allied states, or when an international treaty between Montevento and another state requieres it.


S E C T I O N ⠀I I
RIGHTS, DUTIES AND GUARANTEES


CHAPTER I - BASES

Article 10 The right to life is inherent to the human person. Its protection is guaranteed from its conception, except when it endangers the life of others. All inhabitants will be protected by the State in their physical and psychic integrity, as well as in their honor, their reputation, freedom, security, job, housing and prosperity.
Article 11 Everyone is equal to the Justice and State, no matter of race, gender, religious belief, sexual identity or orientation, or national origin. Institutions or people who use any of these as a basis for discrimination shall be prosecuted by the State.
Article 12 No authority of the Republic may grant any title of nobility or hereditary honours or distinctions to any inhabitant. No inhabitant shall be considered superior to another one, with no distinctions being recognized among them save those of talent and virtue.
Article 13 The private actions of people who in no way attack public order or harm a third party, are exempt from the authority of the magistrates. No inhabitant of the Republic will be forced to do what the law does not mandate, nor deprived of what she does not prohibit.
Article 14 No one may be punished or imprisoned without due process of law and a legal sentence.
Article 15 No one may be arrested except in case of flagrante delicto or by written order of a competent judge based on reasonable grounds.
Article 16 No one may take the law into their own hands or claim their rights with violence. However, the right to legitimate defense is guaranteed.
Article 17 The death penalty shall not be applied to anyone in compliance with the State's duty to protect the life of all its inhabitants. In no case shall prisons be allowed to serve to mortify, but only to imprison the accused and the convicted, pursuing their re-education, fitness for work and compliance with the established laws. No one will be submitted to torture or to cruel, inhuman, or degrading penalties or treatments.

CHAPTER II - PRIVATE PROPERTY & WORK

Article 18 Private property is an inviolable right, but is subject to the provisions of the laws established for reasons of general interest. No one may be deprived of their property except in cases of public necessity or utility established by law and always receiving a fair and prior compensation from the National Treasury. When the expropriation is declared due to public necessity or utility, the owners will be compensated for the damages they suffer due to the duration of the expropriation procedure.
Article 19 Intellectual property, the rights of authors, inventors, or artists shall be recognized and protected by law.
Article 20 Every person may engage in labor, farming, industry, commerce, a profession, or any other lawful activity, save for the limitations imposed by general interest which the law may enact.
Article 21 Every person has the duty, without prejudice to their freedom, of using their intellectual or bodily energies in a way that benefits the community and the Nation.
Article 22 All persons have the right to form associations, for any purpose whatsoever, provided they do not form an association which the law has declared unlawful.
Article 23 The law must recognize the worker's independence of their moral and civic conscience; ensure a fair remuneration; the limitation of the work day; weekly rest and physical and moral hygiene
Article 24 The entry of any person into the territory of the Republic is free as long as the conditions allow for it, as well as their stay in it and their exit with their property in accordance with the laws. Immigration must be regulated by law, but in no case will the immigrant suffer from physical, mental or moral defects that may harm society.

CHAPTER III - HEALTH & HOUSING

Article 25 The State shall legislate on all questions connected with public health and hygiene, endeavouring to attain the physical, moral, and social improvement of all inhabitants of the country.
Article 26 It is the duty of all inhabitants to take care of their health as well as to receive treatment in case of illness. The State will provide the means of prevention and assistance free of charge only to the indigent or lacking sufficient resources
Article 27 Every inhabitant of the Republic has the right to a decent home. The law shall seek to ensure hygienic and affordable housing, facilitating its acquisition and stimulating the investment of private capital for that purpose.
Article 28 The State will give shelter to the indigent or people lacking sufficient resources, in addition to who, due to their chronic physical or mental inferiority, are unable to work.

CHAPTER IV - ENVIRONMENT

Article 29 Everyone has the right to live in a healthy and ecologically balanced environment. The preservation, the conservation the re-composition and the improvement of the environment, as well as its conciliation with the complete integral human development, constitute priority objectives of social interest.
Article 30 People must abstain from any act that causes grave depredation, destruction or contamination to the environment. The law shall regulate this provision and may provide sanctions for transgressors.

CHAPTER V - EDUCATION

Article 31 Education is an inviolable right and constitutes one of the basic pillars of Montevento. The State must ensure that all inhabitants have access to it.
Article 32 Free basic, intermediate, advanced, industrial, artistic, and physical education is declared to be of social utility, as well as the creation of scholarships for the specialisation in cultural, scientific and occupational fields.
Article 33 Basic education and intermediate, agrarian, or industrial education are compulsory for all Monteventani citizens.
Article 34 Freedom of education is guaranteed. The law will regulate the intervention of the State for the sole purpose of maintaining hygiene, morality, security and public order. Every parent or guardian has the right to choose, for the education of their children or wards, the teachers and institutions they wish.
Article 35 Private educational institutions and cultural institutions of the same nature will be exempt from national taxes, as a subsidy for their services.
Article 36 The State shall promote the development of scientific research and of technical education.


S E C T I O N ⠀I I I
CITIZENSHIP AND SUFFRAGE


CHAPTER I - CITIZENSHIP

Article 37 The citizens of Montevento can be divided in two types; Natural Citizens and Legal Citizens, with the rights and obligations of both groups exactly identical, being the way of obtaining the citizenship the only actual difference between the two:

    Natural Citizens: Are those who are born inside the borders of the nation of Montevento and those who, even being born outside the borders of Montevento, have a parent with Monteventani citizenship and decide to move to Montevento. Natural citizenship can also be guaranteed to people with Monteventani heritage with the approval of the government.

    Legal Citizens: Are those who do not comply with the conditions for being a Natural Citizen, but have been living in Montevento for at least 5 years, with a good conduct and showed interest in becoming a citizen. Legal citizenship may also be awarded to illustrious people living under the Monteventani laws.

Article 38 Citizenship, once guaranteed, cannot be lost, but can and will be suspended by any of the following reasons:

    1) The citizen is not over the age of 18.
    2) The citizen finds itself in any active trial, detained or in jail (or any other kind of imprisonment that could be applied).
    3) The citizen is exiled of the country.
    4) The citizen is part of a terrorist or violent group.
    5) The citizen is involved in dishonourable activities.
    6) The citizen has any mental illness that do not allow them to act in a free and reflexive way

CHAPTER II - SUFFRAGE

Article 39 Every citizen, natural or legal has the right and obligation to vote in any of the national elections and only citizens, natural or legal can be elected in a national election. Citizens with their citizenship suspended will not be allowed to participate in the political scenario of Montevento.
Article 40 Citizens outside of the territories of Montevento at the time of an election, or who have been outside of the territories for more than 6 months in the year prior to an election, are not allowed to vote, unless their absense in the Nation is due to being representing Montevento in foreign countries.
Article 41 Foreign men and women of good conduct, having a family in the Republic, who possess some capital or property within the country or are engaged in some profession, craft, or industry and have habitually resided at least fifteen years in the Republic have the right to vote without the necessity of previously obtaining legal citizenship.
Article 42 Suffrage shall be exercised in the manner determined by law, but on the following bases:

    1) Compulsory inscription in the Civil Register.
    2) Secret and compulsory vote.
    3) Integral proportional representation.
    4) Any new law concerning the Civil Register or Elections, as well as any amendment or interpretation of the existing laws, shall require a two-thirds vote in the National Council.
    5) Elections shall take place on the last Sunday of the month of October every four years, unless special conditions apply, such as emergency elections due to the death of the Doge, his/her resignation, or his/her impeachment, in which case, the elections must be held within 3 weeks of the vacancy of the position.
    6) The State shall secure the broadest freedom for the political parties, but, without prejudice to the former, the parties shall:
      A- Effectively exercise internal democracy in the election of their authorities
      B- Provide maximum publicity to their Programs of Principles, in such a manner that the citizen can extensively familiarize himself with them.


S E C T I O N ⠀I V
GOVERNMENT FORM AND ITS POWERS


CHAPTER I - GOVERNMENT

Article 43 The Most Serene Republic of Montevento adopts for its government the representative, participative and pluralistic democracy, founded on the recognition of human dignity.
Article 44 The People exercise the Public Power through suffrage. The government is exercised by the Legislative, Executive, and Judicial powers within a system of separation, equilibrium, coordination, and reciprocal control. None of these powers may arrogate, or grant to another, or to any person, individual or organization, extraordinary faculties or the sum of the Public Power.


S E C T I O N ⠀V
THE LEGISLATIVE POWER


CHAPTER I - GENERAL PROVISIONS

Article 45 The Legislative Power will be exercised by the National Council, which shall be composed by no less than 250 Councillors elected directly by the people, under a system of proportional representation which takes into account the votes cast in favor of each political party in all of the country. The number of Councillors may be modified by the law, that shall require for its sanction, two-thirds of the vote of the total of the membership of the National Council.
Article 46 The titular and substitute Councillors will be elected in elections simultaneously with the National Elections. The legislators will remain four years in their mandate and they may be reelected an unlimited amount of time.
Article 47 To be a Councillor it is necessary to be a natural citizen in full exercise of citizenship rights, or a legal citizen who has exercised its citizenship rights for two years, and in both cases, to have attained eighteen years of age.
Article 48 Vacancies which may occur for any reason during each legislative term, shall be filled by the substitute Councillors designated at the time of the elections, in the manner to be provided by law, and without a new election.
Article 49 The following may not be candidates for Councillors under any circumstance:

    1) those who have not completed basic and intermediate education, or agrarian or industrial education;
    2) the military and police personnel on active service;
    3) members of the Judicial Power and Executive Power;
    4) clergymen of any faith;
    5) those condemned by a sentence to penalties deprivative of freedom, as long as the sentence lasts;
    6) those condemned for the commission of electoral crimes, for as long as the sentence lasts; and
    7) those condemned to a penalty of inability for the exercise of the public function, as long as such lasts.

CHAPTER II - SESSIONS

Article 50 The National Council will meet annually in ordinary sessions, from the first of July of each year to the next 30 of June with a time period of recess from the twenty-first of December to the first of March. The National Council will be convoked to extraordinary sessions or will extend their sessions by the decision of one-fourth of the members of the National Council or by decree of the Executive Power. The recess of the National Council can only be suspended if the Executive Power declares a law to be of urgent consideration, in accordance with Article 77 of this Constitution.
Article 51 The National Council may not open its sessions unless more than half of its members are present. If the required quorum is not met, any law, regulation or decision made by the minority present will be invalid and considered illegal, with the corresponding penalties applied to those Councillors who have participated in the illegal session in accordance with the provisions of the Law.
Article 52 One of the members of the National Council shall be appointed by the Executive Power as the First Councillor, who will preside the National Council and ensure its correct functioning during sessions, as well as guarantee a fluid communication between the Executive Power and the Legislative Power.

CHAPTER III - DUTIES AND ATTRIBUTIONS

Article 53 The National Council is competent:

    1) to enact laws relating to the independence, security, tranquillity, and decorum of the Republic; the protection of all individual rights and the fostering of education, agriculture, industry, and domestic and foreign trade;
    2) to legislate on tax matters;
    3) to approve or disapprove, in whole or in part, the National Budget presented by the Executive Power;
    5) to approve or to reject the contracting of loans;
    6) to declare war, in accordance with Article 9 of this Constitution, and to approve or disapprove, by an absolute majority of the full membership of the National Council, the treaties of peace, alliance, commerce, and conventions or contracts of any nature which the Executive Power may make with foreign powers;
    7) to permit or prohibit the entry of foreign troops into the territory of the Republic;
    8) to refuse or permit the expedition of national forces outside the Republic, in the latter case fixing the time for their return to the country;
    9) to create or abolish public offices, determining their compensation and retirement regulations;
    10) to issue regulations concerning the militia and to fix their number and designate the times they shall be called to service;
    11) to grant pardons by a two-thirds vote of the full membership of the National Council, and to grant amnesties in extraordinary cases, by an absolute majority vote of the full membership of the National Council;
    12) to create new Provinces by a vote of two-thirds majority of the full membership of the National Council; to establish their boundaries; to establish ports of entry; to establish customhouses and export and import duties;
    13) to elect the members of the Supreme Court of Justice by two-thirds of the total membership of the National Council;
    14) to remove ministers appointed by the Executive Power by absolute majority of the total membership of the National Council;
    15) to remove the Doge from office by three-fourths of the total membership of the National Council and call for immediate elections afterwards;
    16) to dissolve itself by two-thirds of the total membership of the National Council and call for immediate elections afterwards;
    17) to interpret the Constitution, without prejudice to the power of the Supreme Court of Justice; and,
    18) to the other duties and attributions specified by this Constitution.

Article 54 Every decision made by the National Council must have at least half the approval of the full membership of the National Council to be considered legal, unless another amount is expressly defined in this constitution.
Article 55 The laws may have origin in the National Council, by a proposal from their members; by a proposal from the Executive Power or by popular initiative regulated by Law.

CHAPTER IV - GUARANTEES

Article 56 Councillors shall never be held liable for the votes they cast or opinions expressed during the discharge of their duties.
Article 57 No Councillor, from the day of his election until that of his termination, may be arrested except in case of flagrante delicto and then notice shall immediately be given to the National Council, with a summary report of the case.
Article 58 No Councillor, from the day of his election until that of his termination, may be accused of a criminal charge, except before the National Council, which, by two-thirds of the votes of its full membership, shall decide whether or not there are grounds for prosecution and if so, shall declare him suspended from office, and he shall be placed at the disposition of the Judicial Power.
Article 59 The National Council may reprimand any of its members for disorderly conduct in the
discharge of his duties, and may even suspend him by a two-thirds vote of its full membership. By the same number of votes it may remove a member for physical or mental incapacity which developed after he took office, or for conduct rendering him unworthy of his office after he was declared elected. A simple majority of those present shall be sufficient to accept voluntary resignations.

Article 60 Each Councillor shall be compensated for their services by a monthly salary which they shall receive during their term of office. The salary shall be fixed by a two-thirds vote of the full membership of the National Council.


S E C T I O N ⠀V I
THE EXECUTIVE POWER


CHAPTER I - THE DOGE OF THE REPUBLIC

Article 61 The Executive Power shall be exercised by the Doge of the Republic, acting with the respective Ministers appointed by the Doge of the Republic.
Article 62 The Doge of the Republic shall be elected directly by the People by absolute majority of voters. Each party may only present one candidature to the Dogeship of the Republic. If on the date indicated in Section III, Chapter II, Article 42, numeral 5 of this Constitution, none of the candidatures obtains the required majority, a second election between the two candidates with the most votes shall be held on the last Sunday of the month of November of the same year.
Article 63 If the position of Doge of the Republic is vacant for any reason, it shall be filled by the First Councillor and elections shall be held within the provisions of Section III, Chapter II, Article 42, numeral 5 of this Constitution. If the First Councillor is unable to fill the position for any given reason, the position shall be given to the Minister of Foreign Affairs, and if the Minister also is unable to fill the office, the National Council will assume total control of the Executive Power until a new Doge can be found.
Article 64 The Doge of the Republic shall hold office for a total of 4 years, being re-election possible only up to three consecutive terms, after which, the person must leave office for at least 4 years before holding office again.
Article 65 Only Natural citizens of Montevento, or Legal citizens with at least 30 years of residence in Montevento shall be allowed to become the Doge of the Republic.
Article 66 The following may not be candidates for Doge of the Republic under any circumstance:

    1) those who have not completed an university degree of any kind;
    2) clergymen of any faith;
    3) those condemned by a sentence to penalties deprivative of freedom;
    4) those condemned for the commission of electoral crimes; and
    5) those condemned to a penalty of inability for the exercise of the public function, as long as such lasts.

Article 67 The Doge of the Republic shall represent the State both at home and abroad.
Article 68 The remuneration of the Doge of the Republic shall be fixed by law prior to each election and may not be raised during his term of office, but can be lowered by Decree of the Executive Power.
Article 69 The Doge of the Republic, once elected, and during his term in office, is barred from doing the following:

    1) any kind of political activity;
    2) being part of political commissions, clubs or parties. The Doge of the Republic must resign from his political party;
    3) intervening in any way in political propaganda of an electoral nature;
    4) holding any other type of office in the nation's government; and,
    5) holding other jobs outside of government.

Article 70 The Doge of the Republic may not leave the national territory for more than forty-eight hours without the authorization of the National Council.
Article 71 The Doge of the Republic shall enjoy the same immunities as the Councillors.

CHAPTER II - THE COUNCIL OF MINISTERS

Article 72 The Council of Ministers shall be composed of the heads of the Ministries or the persons acting in their place, and it shall have exclusive competence over all acts of government and administration submitted to it by the Doge of the Republic or his Ministers on topics relating to their respective departments.
Article 73 It shall be presided over by the Doge of the Republic, who shall have a voice in the discussions and a vote on resolutions, being his vote decisive in case of a tie.
Article 74 The Council of Ministers shall be convoked by the Doge of the Republic whenever he deems it desirable or when requested by one or more Ministers to discuss matters of their respective departments; and it must meet within twenty four hours following the date of the call.
Article 75 The Council shall hold a meeting only if a majority of its members are present, and its decisions shall be adopted by an absolute a majority vote of the members present. Any decisions of the Council of Ministers may be revoked by the vote of an absolute majority of its members.
Article 76 The same qualifications shall be required for a Minister as for a Councillor and shall be entitled to the same immunities and prohibitions.

CHAPTER III - DUTIES AND ATTRIBUTIONS

Article 77 The Doge of the Republic, acting with the respective Minister or Ministers, or with the Council of Ministers, has the following duties:

    1) The preservation of internal order and tranquillity, and external security;
    2) The supreme command of all armed forces;
    3) To enforce laws passed by the National Council, and to issue such special regulations as may be necessary for their execution;
    4) To propose bills to the National Council or amendments to laws previously enacted. Such bills can be submitted with a declaration of urgent consideration. Urgent consideration laws shall be regulated as explained below:
      A - The Executive Power may not send more than one bill with a declaration of urgency to the National Council at the same time;
      B - The National Council by a vote of three-fifths of its total membership may void the declaration or urgency, after which the normal procedure for a law shall be applicable;
      C - From the day the National Council receives the urgent consideration proposal, it will have 30 days to approve, amend or reject it, unless the Doge of the Republic grants an extension of time.
      D - If the time limit is reached, and the National Council has not issued a resolution on the matter, the law will be considered automatically approved.
      E - Budgets and constitutional amendments cannot be considered of urgent consideration.

    5) To convoke the Legislative Power to special sessions, specifying the
    matters which give rise to the convocation;
    6) To take prompt measures of security in grave and unforeseen cases of foreign attack or internal disorder, giving an account within twenty-four hours to the National Council;
    7) To conclude and sign treaties, the approval of the Legislative Power being necessary for their ratification;
    8) To collect the revenues through its agencies in conformity with the laws and to appropriate them in accordance therewith;
    9) To grant industrial privileges in accordance with the laws;
    10) To veto, totally or partially, the laws sanctioned by the National Council, formulating the observations or objections that he considers appropriate;
    11) To issue decrees;
    12) The other duties and attributions that this Constitution establishes.


S E C T I O N ⠀V I I
THE JUDICIAL POWER


CHAPTER I - GENERAL PROVISIONS

Article 78 The Judicial Power shall be vested in the Supreme Court of Justice and in the Tribunals and Courts as prescribed by law.
Article 79 The Supreme Court of Justice shall be composed of five members, appointed by the National Council as established in Article 53, numeral 13 of this Constitution. The appointment must be made within ninety days after a vacancy has occurred, for which purpose the National Council shall be called into special session. If this period expires without an appointment having been made, the position shall go directly to the longest serving judge in the nation, and, if there is equal seniority, the remaining members of the Supreme Court of Justice shall choose between the longest serving judges.
Article 80 The members of the Supreme Court of Justice shall serve for ten years, and they may not be re-elected until after a lapse of five years following the previous term.
Article 81 The following qualifications are required in order to be a member of the Supreme Court of Justice:

    1) Be at least 40 years old, but younger than 70;
    2) To have been a lawyer for ten years;
    3) Be a natural citizen of Montevento or a legal citizen in full exercise of its rights for at least 5 years and at least 10 years of residency in the country.

Article 82 Their compensation shall be fixed by the Legislative Power.

CHAPTER II - DUTIES AND ATTRIBUTIONS

Article 83 The Supreme Court of Justice shall:

    1) Try all violators of the Constitution, without exception;
    2) Exercise directive, corrective, advisory, and economic supervision over the Tribunals, Courts and other dependencies of the Judicial Power;
    3) To supervise the institutions of detention and reclusion;
    4) To supervise and verify that all laws or other decisions passed by the National Council comply with the Constitution and the Human Rights expressed on it;
    5) To supervise and verify that all decrees or other decisions passed by the Executive Power comply with the Constitution and the Human Rights expressed on it;
    6) To suspend or annul any resolution taken by the National Council or Executive Power of its found to not be in compliance with the Constitution;
    7) Appoint, promote, or remove, by a vote of four of its members, the employees of the Judicial Power; and,
    8) The other duties and attributions that this Constitution and the laws establish.

CHAPTER III - ELECTORAL JUSTICE

Article 84 There shall be an Electoral Court which shall have the following powers:

    1) To act in all matters relating to electoral acts or procedures;
    2) To exercise directive, disciplinary, advisory, and economic supervision over electoral organs;
    3) To render final decision on all appeals and claims that may arise and act as judge of the elections to all elective offices, and of plebiscites and referendums;
    4) To proclaim the winners of elections;


Article 85 The Electoral Court shall be composed of 10 titular members and 20 substitute members. Five members shall be appointed by the National Council by two thirds vote of the total of its membership, while the remaining members shall be appointed by simple majority of the National Council.
Article 86 The members of the Electoral Court may not be candidates for any office requiring election by the people, unless they resign and terminate their functions at least six months before the date of the election.
Article 87 The resolutions of the Electoral Court shall be adopted by a majority vote and to be valid must have the affirmative vote of at least three of the five members appointed by two thirds vote of the total membership of the National Council.
Article 88 The Electoral Court may annul the elections in whole or in part, this step requiring an affirmative vote of six members, three of whom must be members elected by the two-thirds vote of the National Council. In such event it must call for a new election-in whole or in part-which shall take place in no more than two weeks after the nullification.


S E C T I O N ⠀V I I I
TERRITORIAL ORDER OF THE REPUBLIC


CHAPTER I - GENERAL PROVISIONS

Article 89 The national territory may never be yielded, transferred, leased, or alienated in any way, even temporarily, to any foreign power.
Article 90 For the purpose of the political and administrative structuring of the State, the national territory is divided into provinces, municipalities and districts, which, within the limits of this Constitution and of the laws, enjoy political, administrative and normative autonomy for the administration of their interests.
Article 91 The City of San Giovanni is the capital of the Republic and seat to the powers of the State. The law will establish its limits.
Article 92 The creation, the fusion, or the modification of the provinces and their capitals, the municipalities and the districts, will be determined by the law according to Article 53 of this Constitution, attending to the socioeconomic, demographic, ecological, cultural and historical conditions of the same.

CHAPTER II - THE PROVINCES

Article 93 The government of each province will be exercised by a governor and by a Provincial Council. They will be elected by direct vote of the citizens residing in the respective provinces, in elections that must be held within one year of the National Elections where the Doge of the Republic is elected and according to the provisions of Chapter II, Section III of this Constitution.
Article 94 The government of each province will be exercised by a governor and by a Provincial Council composed of 25 members, which will act subordinated to the governor. They will be elected by direct vote of the citizens residing in the respective provinces, in elections that must be held within one year of the National Elections where the Doge of the Republic is elected and according to the provisions of Chapter II, Section III of this Constitution.
Article 95 To be governor it is required:

    1) Have completed basic and intermediate education, or agrarian or industrial education;
    2) To be a natural or legal citizen of Montevento; and,
    3) To be a native of the province and with residence in the same for at least one year. In the case that the candidate is not a native of the province, he must have resided in it for at least five years.

Article 96 The following are of the competence of the provincial government:

    1) Organize the provincial services, such as public works, power and potable water supply;
    2) Prepare the provincial development plan;
    3) Pass decrees and resolutions as it may deem necessary, provided they are not contrary to those of the Executive Power and the Legislative Power;
    4) To create or fix the amount, of taxes, excises, rates and charges for services offered;
    5) To appoint the employees of its staff, and discipline, suspend, or remove them in cases of inefficiency, neglect, or malfeasance;
    6) To grant concessions for local or provincial public services; and,
    7) The free administration in the matters of their competence, particularly in those of urbanism, environment, food supplies, education, culture, sports, tourism, sanitary and social assistance, institutions of credit, and of police;
    8) Other powers guaranteed by law.

Article 97 The Doge of the Republic and the National Council have the ability, in case the governor is not considered to be working for the good of the nation, to expel him from office and assume the government of the province until the end of the ended or until new emergency elections are held in the province.
Article 98 The Provincial Assembly, made up of the governors of the provinces together with the Doge of the Republic, may meet at any time at the request of at least two governors or at the request of the Doge. The Provincial Assembly has the same powers as the provincial governments, but can apply its resolutions to all provinces at the same time. All its resolutions will be considered approved with an absolute majority of the total membership of the Provincial Assembly, obligatorily requiring the positive vote of the Doge.


S E C T I O N ⠀I X
ENFORCEMENT AND AMENDMENT OF THIS CONSTITUTION


CHAPTER I - SUPREMACY OF THE CONSTITUTION

Article 99 The highest law of the Republic is its Constitution. The international treaties and conventions approved and ratified, the laws approved by the National Council and any other measure taken by lower-ranking organizations must follow the guidelines established in this Constitution, and under no circumstances should they be considered valid otherwise.
Article 100 Any person who attacks or who is instrumental in attacking the present Constitution, following its sanction and publication, shall be regarded, tried, and punished as guilty of treason.

CHAPTER II - AMENDMENT

Article 101 The present Constitution may be amended, in whole or in part, in accordance with the following procedures:

    1) Upon the initiative of ten percent of the citizens above the age of 18, by presenting a detailed proposal which shall be referred to the First Councillor of the National Council, which must initiate all pertinent procedures for the celebration of a national referendum at the closest election for popular consideration.

    The National Council shall not modify the proposal presented by the people and has no right to deny the national referendum, but is allowed to create a new proposal based on the one proposed by the people, which can be submitted for popular consideration along with the original one.

    2) Upon initiative of any member of the National Council, by submitting a detailed proposal which shall be approved by three fourths of the total membership of the National Council, after which a national referendum must be held at the closest election for its final approval. The Executive Power can not use its veto power on this time of resolutions of the National Council.

    3) The Executive Power may present proposed amendments which must be approved by an absolute majority of the full membership of the National Council and then be approved by the people of the nation on a national referendum.

Article 102 A proposal which is rejected may not be reconsidered until the end of the legislative period where it was proposed.

CHAPTER III - FINAL AND TRANSITORY PROVISIONS

Article 103 This Constitution enters into force from this date. The Constitution of 12 January 1947 and its amendment of the year 1977 are abrogated.
Article 104 The Doge of the Republic, the members of the National Council and those of the Supreme Court of Justice, the Governors of the Provinces and the members of the Provincial Councils shall swear the Constitution in a public act within a period not exceeding twenty-four hours after the approval of this Constitution. Those who do not do so will be immediately removed from their positions, and if necessary, new elections must be organized.

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Republic of Montevento | 2020
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