Merizoc wrote:Great Nepal wrote:Government Establishment Act
|Author: Great Nepal (LibDem)|
|Sponsors: Senator Crisobal Araullo (LibDem), Encarnacion Diaz (LibDem), David Vera Cruz (WA), Geilinor (LibDem)|
An act establishing the structure of the government; to make provisions regarding holders of governmental offices; to make provisions regarding rights and responsibilities of such offices.Chapter I - On the Executive
Part I - Offices of president and vice president
ﾧ1 - The presidenta. Office of the president shall be held by the president, who shall serve as a head of state and shall have all the rights and responsibilities granted explicitly by legal instruments of Calaverde or as customary for a democratic head of state where such customs do not contradict any explicit laws in intent or letter.
b. The president shall be elected through national elections held on basis of ranked voting system. Further details regarding the elections shall be as determined by further legislations or other legal instruments.
c. The president shall hold the office of president for duration of four years unless it is otherwise rendered vacant, in which case vice president shall serve as acting president for remainder of the term. Where vice president is unable, refuses to or is otherwise disqualified from taking up office of the presidency, the legislature shall appoint qualifying individual with high moral standing to serve as acting president and make arrangements for presidential elections forthwith.
d. Acting president shall unless otherwise noted have the same powers, qualifications and responsibilities as that carried by the president for such time that they are holding office of president.
e. No person who fulfils following criteria shall be prevented from standing or holding office of the president:i. Between the ages of 18 and 65,
f. Prior to inauguration into the office, the president (or acting president) shall take following affirmation - "I,<full name>, do solemnly affirm before the people of Calaverde that I will faithfully and with good faith fulfil my duties as President (or Acting President) of the Calaverde , and to best of my ability preserve and defend its values, execute its laws, do justice to every man, and consecrate myself to the service of Calaverde ."
ii. Born in territory under the jurisdiction of Calaverde or natural born citizen of Calaverde ,
iii. Citizen of Calaverde as determined by appropriate law or other legal instruments,
iv. Not a current citizen of any jurisdiction other than Calaverde , and
v. Not convicted of any crimes by any court carrying custodial sentence greater than two years or otherwise forbidden from holding public office through due process
ﾧ2 - Powers held by the presidenta. The president shall appoint a member of legislature who commands majority in the legislature into office of the prime minister.For this purposes, the president may call upon the legislature to hold a vote and it shall be the duty of the presiding officer of legislature to hold such vote forthwith. Where such majority is prima facie clear, president shall at their discretion forgo the vote by legislature.
b. The president shall upon advice of the prime minister, appoint the council of ministers.
c. The president shall upon advice of the foreign minister (or equivalent) appoint all ambassadors and any other representatives to international organizations or nations.
d. The president shall upon advice of the finance minister (or equivalent) provide assent to any bills solely concerned with taxation or spending, and no such bills shall be introduced to the legislature without gaining such assent.
e. All diplomatic agreements and treaties shall be negotiated and agreed upon in behalf of the president, however such shall be subject to approval of the legislature prior to enactment as law.
f. The president shall serve as commander-in-chief of the national armed forces and shall in that capacity have right to make peace and war, subject to approval of the legislature and the council of ministers.
e. The president shall have unfettered right to grant pardon to any individual convicted of any crime with sole exception of impeachment proceedings. Such decision to grant pardon shall not be subject to question or reversal by any judicial or quasi-judicial body except during impeachment proceedings - ho.
f. The president shall summon and dissolve the legislature upon advice of the prime minister.
g. No bill passed by the legislature shall be an act without assent of the president, however it shall be assumed that president has given assent if they do not refuse assent within 30 working days of bill being passed by the legislature.i. Where president refuses to provide assent, unless such refusal was based upon unconstitutionality of the bill, bill shall be returned to the legislature. It shall be discretion of presiding officer regarding how such returned bill shall be handled, and if the legislature passes such bill again, president shall have automatically given their assent.
h. Where the legislature is unable to act for any reason, president may take extraordinary step to issue decrees upon advice of the council of ministers. Such decrees shall have same effect as legislation passed by the legislature and given presidential assent however shall expire within six weeks unless otherwise noted by the legislature or should president withdraw the decree prior to six weeks.
On case where refusal is based upon concerns of unconstitutionality, the bill shall be referred to supreme court for decision on its constitutionality, and should the supreme court hold such bill is constitutional, president shall be required to give assent.
ii. Any refusal to grant assent for partisan reasons shall be grounds for impeachment proceedings.
i. The president shall declare states of emergencies as advised by the council of ministers and as provided for by appropriate legislation or legal instruments.
ﾧ3 - The vice presidenta. Office of the vice president shall be held by the vice president, and will be appointed to such capacity by the president.
b. Vice president shall serve as the president of the legislature, however shall not have a vote except when votes are evenly split.
c. Vice president shall have same qualifications as that required from the president
f. Prior to inauguration into the office, the vice president shall take following affirmation before the president - "I,<full name>, do solemnly affirm before the people of Calaverde that I will faithfully and with good faith fulfil my duties as vice president of the Calaverde , and to best of my ability preserve and defend its values, execute its laws, do justice to every man, and consecrate myself to the service of Calaverde ."
ﾧ4 - Removal of the president or vice presidenta. The president (vice president) shall be required to provide written resignation to the vice president (president) where any of the following conditions are met and failure to provide such resignation shall be grounds for impeachment.i. The sitting president or vice president no longer qualifies to hold their office of president as provided this part.
b. The office of president or vice president may also be vacant should the they resign voluntarily prior to end of their term or die.
ii. The sitting president or vice president is no longer able to discharge the duties of the office due to medical or physical condition
iii. The sitting president does not receive relative majority as required in presidential elections.
c. Where president is impeached on any legitimate grounds, the office of president shall immediately be rendered vacant and presidential elections must be held forthwith.
d. Where president or vice president is formally charged by law enforcement for any crimes carrying custodial sentence, they shall take hiatus with pay until such time they are formally acquitted or convicted. Where conviction results in a custodial sentence not so great as to disqualify the defendant from office, their hiatus shall continue until end of custodial sentence.
e. Except where vacancy in office of president occurs through impeachment or where there exists vacancy in office of vice president for any reason, the vacancy shall be fulfilled as provided in relevant part.
ﾧ5 - Impeachment procedurea. The legislature shall have exclusive right to bring forth impeachment procedures against the president and vice president for maladministration, criminal conduct or conduct unbecoming of their position, by petition supported by one quarter of total members of legislature.
b. The legislature shall then by two thirds majority of sitting members and with assent of judicial inquest composed of three sitting justices of supreme court, vote on the petition of impeachment against the president or vice president as defendant. During this procedure, the defendant shall be afforded all the rights of a criminal defendant in court of law, including right to counsel, right against self incrimination and right against double jeopardy.
c. Conviction from such proceedings shall impose no sentence except sentence of removal of defendant from office and up to ban on holding public office in Calaverde for duration of defendant's natural life. Such proceedings shall however be admitted in criminal or civil trial should the matter be brought before appropriate court of law.Part II - Office of president and council of ministers
ﾧ1 - The prime ministera. Office of the prime minister shall be held by the prime minister, who shall serve as a head of government and shall have all the rights and responsibilities granted explicitly by legal instruments of Calaverde or as customary for a democratic head of government where such customs do not contradict any explicit laws in intent or letter.
b. The prime minister shall be appointed by the president on basis of commanding majority of the legislature, either prima facie or on conformation vote. Where all attempts to find qualifying individual commanding majority of the legislature has been exhausted, president may take the extraordinary step to dissolve the legislature and hold new legislative elections.
c. The prime minister shall hold the office of prime minister for duration of two years unless it is otherwise rendered vacant, in which case vice prime minister shall be appointed by the president to serve as acting prime minister for remainder of the term. Where vice prime minister is unable, refuses to or is otherwise disqualified from taking up office of the prime minister, the president shall appoint a prime minister to serve new term in office.
d. Acting prime minister shall unless otherwise noted shall have same powers, qualifications and responsibilities as that carried by the prime minister for such time that they are holding office of prime minister.
e. Any person who is qualified to stand for member of the legislature and has not been convicted of crimes carrying custodial sentence above three years or otherwise disqualified from holding office, shall be qualified to be prime minister.
f. Prior to inauguration into the office, the prime minister (or acting prime minister) shall take following affirmation before president and vice president - "I,<full name>, do solemnly affirm before the people of Calaverde that I will faithfully and with good faith fulfil my duties as prime minister (or Acting prime minister) of the Calaverde , and to best of my ability preserve and defend its values, execute its laws, do justice to every man, and consecrate myself to the service of Calaverde ."
g. Prime minister shall attend legislature at least once a year for prime ministers questions where prime minister shall present actions of the government for the year and directions for remainder of their term. This shall be followed by questions from the members of legislatures which shall be answered to best of prime minister's ability, moderated by the presiding officer and based upon appropriate legislature or other legal instruments.
h. Prime minister shall not automatically be member of the legislature however holding office of prime minister shall not disqualify same person from holding office as member of legislature.
i. As first among equals of the council of ministers, the prime minister shall be responsible for advising president in regards to execution of presidential duties on behest of Calaverde government.
j. Prime minister shall have full discretion over the composition and appointment of the council of ministers, although no same person may hold two positions in council of ministers and existence of vice president shall be mandatory. Powers and discretion provided to council of ministers shall be as determined by prime minister, subject to constrains imposed by the laws or legal instruments.
k. Prime minister shall be ultimately responsible for actions of their cabinet and shall be held accountable by the legislature for actions carried out by themselves or by the council of ministers.
ﾧ2 - The council of ministersa. Council of ministers shall be composed of offices of vice prime minister, other ministries as required by laws and ministries as created at discretion of the prime minister.
b. Members of the council of ministers shall be appointed by the president at advice of prime minister and shall serve at discretion of the prime minister provided they are member of the legislature. Should they loose the position as member of legislature, their position shall be rendered vacant immediately and it shall be duty of the prime minister to appoint an alternative.
c. Members of the council of ministers shall not be subject to legislative confidence for appointment or dismissal.
ﾧ3 - Removal of the prime minister and council of ministersa. The office of prime minister shall never be vacant, for prime minister shall only resign after president appoints a replacement. Once the replacement is appointed, the (acting) council of ministers shall ipso facto be dismissed.
b. When the sitting prime minister no longer qualifies to be the prime minister, is unable to discharge their duties due to physical or mental impairment, they fail to receive simple majority in legislature during vote of no confidence or legislature is dissolved by the president, the prime minister shall be refereed to as caretaker prime minister and council of ministers shall be referred to as caretaker council of ministers.
c. Caretaker council of ministers and prime minister shall collectively be referred to as caretaker government and their functions shall be to continue and maintain ordinary matters of national administration. Except in extraordinary circumstances, such government shall not make any major policy or financial changes without consultation and agreement from primary opposition parties.
d. Where prime minister is formally charged by law enforcement for any crimes carrying custodial sentence, they shall take hiatus with pay until such time they are formally acquitted or convicted. Where conviction results in a custodial sentence not so great as to disqualify the defendant from office, their hiatus shall continue without pay until end of custodial sentence.
ﾧ4 - Vote of no confidencea. The legislative may initiate vote of no confidence provided a member of legislature submits a vote of confidence as a bill, however once such bill is defeated, no further vote of confidence bill may be submitted for next six months.
b. Vote of confidence bills shall not require presidential assent as such bills may not make provisions except to remove sitting prime minister and optionally include replacement candidate for presidential appointment.
c. Where president call upon the legislature to hold a vote to conform the candidate commands majority in legislature, it shall be treated as if it were a vote of confidence for purposes of six month provision.Part III - Executive privilegea. No sitting president, prime minister, minister or their deputies shall be compelled to divulge information pertaining to information relating to executive branch, either through subpoenas or through search warrant granted by either court of law or legislature.
b. Where the party requiring access to information shielded by this privilege demonstrates with preponderance of the evidence excluding invocation of the privilege, that information being sought is essential for interest of justice or that executive is misappropriating the privilege for purposes of concealing egregious criminal actions by themselves, any such privilege may be waived by the court.
c. During such proceedings, members of the executive invoking the privilege or one with highest standing shall be entitled to appoint an attorney or have an attorney provided to demonstrate lacking of the claimants claims.Chapter II - On the Legislature
Part I - The parliament & presiding officers
ﾧ1 - The parliamenta. The parliament shall be the unicameral legislature of the Calaverde and shall have sole authority to make and amend laws within Calaverde unless otherwise explicitly delegated by the parliament.
b. The parliament shall sit for period of no more than two years, unless otherwise dissolved and all the members shall subsequently be re-elected through national elections, details of which shall be determined by further specific legislations or other legal instrument in the meantime.
c. The parliament shall consist of elected members, who shall be refereed to as members of parliament.
d. No person who fulfills the following critera shall be prohibited from standing in elections for member of parliament nor from holding such office:i. Over the age of 18,
ii. Citizen of Calaverde as determined by appropriate law or other legal instruments,
iii. Primary resident in Calaverde as determined by appropriate law or other legal instrument if carrying citizenship of another jurisdiction and Calaverde ,
iv. Not convicted of any crimes by any court carrying custodial sentence greater than two years or otherwise forbidden from holding public office through due process.
ﾧ2 - Removal of member of parliamenta. Member of parliament shall be removed from office where any of following conditions are met:i. The member of parliament no longer satisfies the conditions required to hold office, or any part of thereof,
b. Where a member of parliament is convicted of a crime carrying custodial sentence which is not so great as to disqualify them from holding office, the member of parliament shall take hiatus without pay until such time that their custodial sentence ends. During this period, the member of parliament shall not have a vote.
ii. The member of parliament is recalled through petition signed by one eighth of electorate is submitted to the presiding officer,
iii. The member of parliament is no longer able to carry out their duties due to physical or mental impairment.
c. Where a office of member of parliament is vacant, new elections shall be held to find a replacement as determined by further laws or legal instruments.
ﾧ3 - The presiding officera. The presiding officer shall be president pro tempore of the parliament who shall serve in absence of vice president.
b. The president pro tempore shall be elected by the parliament through simple majority and continue to hold office as member of the parliament after doing so.
c. The president pro tempore at their discretion appoint member of parliament to assist in their duties or perform duties of president pro tempore in their absence.
d. The president pro tempore shall be responsible for maintaining order in the parliament and shall serve as commander in chief of all the police force deployed to the parliament, and shall have authority to rule on any breach of parliamentary procedures.
e. The president pro tempore shall be removed from office where the parliament votes by simple majority for a replacement or no longer member of parliament.Part II - The parliamentary procedure
ﾧ1 - Billsa. Any member of parliament with approval for debate from five other members may bring forth a bill which shall be tabled for debate in due course unless such bill seeks to amend or repeal previously passed bill which shall require approval from debate from ten other members prior to being tabled for debate. Such bills must have a long title which limits the jurisdiction of the clauses in the bill.
b. A bill shall be passed by the parliament when it achieves equivalent proportion of vote required to amend or repeal it whichever is higher, which shall be no less than fifty percent and unless specified shall be simple majority.
c. A bill which has support from office of the prime minister and authored by a member of parliament belonging to governing coalition or independent member of parliament shall be dubbed government sponsored bill. Such bills need not gain five support from member of parliament to be debated and shall be debated and voted on prior to other non-government sponsored bills in all circumstances unless where there exists pressing emergency to consider another bill or where there exists bill of no confidence which requires consideration.
d. Presiding officer shall have complete discretion on order of the bills when they are debated or voted on, subject to clause c above.
e. During debate, any member of parliament may introduce amendments to the bill being debated which shall be adopted provided there is support from twenty members to do so unless such amendment is vetoed by the author or two third of the sponsors however such amendments may not amend the long title of the bill.
f. During debate or in queue, the author may introduce any amendments however such amendments may not amend the long title of the bill.
ﾧ2 - Point of orders and motionsa. Points of order shall unless otherwise stated shall be introduced to question legitimacy of proceedings or any parts of thereof and shall not be binding upon the parliaments unless approved by the presiding officer.
b. Any member of parliament may introduce point of order to question the legitimacy of a bill queued, being debated or voted on for its violation of procedures, convention or contradiction of existing bill. Where such points of orders are accepted, the bill shall be held until such time that presiding officer is satisfied the bill is legitimate. Where a member of parliament wishes to appeal the hold, they may request judicial opinion on the ruling which shall be binding upon the presiding officer unless otherwise stated.
c. Any member of parliament may introduce a non-binding motion with approval from eight other members of parliament or introduce a binding motion with approval from fifteen other members of parliament. Such motions are not subject to reverse motions however may be quashed by the presiding officer subject to point of order approved by equal number of backers as that gained by the motion.Part III - Parliamentary Immunitya. No lawsuit shall be brought before any court for any speech which is made by a member of parliament during session of parliament except when such speech causes imminent danger for person or property.
b. No member of parliament shall be arrested within the chambers of parliament except by dedicated parliamentary police force or task force led by it with notification and approval from the presiding officer or with arrest warrant.
c. No weapons shall be brought inside the chambers of parliament except where there is pressing emergency and such arms are brought in by the dedicated parliamentary police force or police task force led by it.
d. Where any member of parliament is arrested in any location, presiding officer of the parliament shall be notified at earliest possible opportunity.
I submit this for consideration to the queue.
Blatant ageism to say that those over the age of 65 can't be President.
There's mandatory retirement for many professions globally, plus our government need to have fresh blood...
