Provisional Government Establishment Act
Author: Ahmed Alef (Ind.)
Sponsors: John Chiu (CIP) | Richard Lam (EF) | Kevin Katdare | Adonis Hadiningrat | Thu Tran
An act providing for a provisional government until the ratification of a constitution.
Article 1: The Provisional Republic of Elizia and the Supreme Law of Elizia§1. Elizia is, provisionally, an independent republic.
§2. This Act is, until the ratification of a constitution, the supreme law of Elizia. A law inconsistent with this Act is, to the extent of the inconsistency, void.
Article 2: Protection of Fundamental Rights§1. The Provisional Government of Elizia, nor any of its subsidiaries, shall enact any law nor take any action that shall infringe upon the rights of every person, in accordance with the Universal Declaration of Human Rights and all its Protocols and the Convention on the Rights of the Child and all its Protocols.
Article 3: The Executive§1. There shall be a President of Elizia, who shall be elected by Parliament.
§2. A person is not qualified to be elected President unless they are a member of Parliament.
§3. The Speaker and is not qualified to be elected President.
§4. The President holds office until the election of another person as President.
§5. Parliament shall elect a President:(a) whenever the office of President is vacant;
§6. The executive authority of Elizia is vested in a Cabinet and the Cabinet has the general direction and control of the government of Elizia.
(b) at the first sitting of Parliament next following its dissolution; and
(c) whenever:(i) the President tenders the resignation of their office to the Speaker;
(ii) a resolution for the removal from office of the President and Ministers is approved; or
(iii) the President ceases to be a member of Parliament otherwise than by reason only of its dissolution.
§7. The Cabinet is collectively responsible to Parliament.
§8. Whenever a President is elected, they shall as soon as practicable appoint four or five members of Parliament to be Ministers of the Cabinet.
§9. Whenever there are less than four Ministers the President shall appoint a member of Parliament to be a Minister, but if Parliament is dissolved the President shall appoint a member who was a member immediately before the dissolution of Parliament.
§10. Whenever there are four but not five Ministers the President may appoint a member of Parliament to be a Minister.
§11. A Minister ceases to hold office:(a) upon the election of a President;
§12. Where Parliament on a resolution approved by at least one-half of the total number of members of Parliament resolves that the President and Ministers be removed from office on the grounds that it has no confidence in the Cabinet, an election of a President shall be held.
(b) upon resigning their office to the President;
(c) upon being removed from office by the President; or
(d) upon ceasing to be a member of Parliament otherwise than by reason only of its dissolution.
§13. Where a President has not been elected before the expiration of a period of seven days after the day on which a resolution is approved, Parliament shall stand dissolved.
§14. The President shall appoint the members of a Supreme Court of EliziaNauru, which shall be a superior court of record and shall have the power to establish lower courts.
Article 4: Parliament§1. There shall be a Parliament of Elizia.
§2. Subject to this Act, Parliament may make laws for the peace, order and good government of Elizia.
§3. Parliament shall consist of the members elected through the elections organized by the United Nations, and after the first parliament:a) for the purpose of the election of members of Parliament, Elizia shall be divided into five constituencies;
§4. Parliament shall, before it proceeds to the despatch of any other business, elect one of its members to be Speaker and, whenever the office of Speaker is vacant, shall not transact any business other than the election of one of its members to fill that office.
b) unless otherwise prescribed by law, the constituencies and the number of members of Parliament to be returned by each of the constituencies are determined through a single transferable vote; and,
c) a person shall not be at the same time a member of Parliament for more than one constituency.
§5. Parliament may make the rules of its own proceedings and compel the attendance of its members.
§6. The Speaker shall, on the advice of the President, dissolve the Parliament and call for new elections.
§7. The Speaker shall preside over Parliament and must certify within one week the passage of all legislation.
§8. A proposed law becomes law on the date when the Speaker certifies that it has been passed by Parliament.
Article 5: Nullification of the Provisional Government§1. The Provisional Republic of Elizia shall cease to exist upon the ratification of a constitution as prescribed by the Constitutional Convention.
