Post by inhorto on Apr 23, 2020 16:59:48 GMT
Government Establishment Act
Author: Joseph Yu (UCP)
To establish the organs of government of the Republic of Banduria
BE IT THEREFORE ENACTED, as follows:
§1 - Principles of the Nation
- The Republic of Banduria is a sovereign, united, unitary, indivisible, parliamentary democratic republic, which shall draw its mandate to rule from the people of Banduria.
- The Republic of Banduria ensures above all other things the equality of all persons before the law.
- Suffrage is universal and unrestricted to any persons greater than eighteen years of age.
- The Government of Banduria draws its mandate to rule from the people of Banduria.
- The capital of the Republic of Banduria is Boschstad.
§2 - House of Representatives
- The House of Representatives (Eerste Kamer) of Banduria is the supreme legislative body of Banduria, whose members are elected for a period of four months (one session) by secret, universal ballot in such manner that the House of Representatives shall ascribe.
- In order to be eligible to become a member of Parliament, a candidate must be a citizen of Banduria no younger than the national voting age of eighteen.
- If a member of the House of Representatives should continuously and abrasively violate the rules of decorum or render himself obnoxious, the Speaker of the House is entitled to remove that member for the period of time he or she sees fit.
- The House of Representatives shall elect the Speaker of the House of Representatives at the beginning of each session or upon the resignation of the Speaker. The person receiving the most votes is elected Speaker.
- The outgoing Speaker or deputy Speaker shall preside over the election of the incoming Speaker.
- Whereupon the Speaker is elected, the Speaker shall designate the Deputy Speaker of the House of Representatives. The Deputy Speaker shall assume the role of the Speaker should the Speaker be unavailable or absent. The Speaker may delegate any of his obligations to the Deputy Speaker.
- The Speaker shall maintain decorum in the House of Representatives, enforce the standing orders, keep up the docket and the journal of the House of Representatives, prorogue the House of Representatives before elections, and preside over all business in the chamber.
- Any decision of the Speaker or the Deputy Speaker may be overruled by a motion to appeal the decision of the chair, which shall require no fewer than five (5) sponsors and a simple majority of all members present and voting.
- The Speaker or Deputy Speaker may be removed by a motion to declare the chair vacant, which shall require no fewer than eight (8) sponsors and a three-fifths supermajority of all members present and voting,
- The outgoing Speaker or deputy Speaker shall preside over the election of the incoming Speaker.
- Any member of the House of Representatives may introduce a bill or amendment to an act of the House of Representatives into the House of Representatives, inasmuch as the bill or amendment attains five (5) sponsors.
- Bills shall be added to the House of Representatives’s docket and discussed in the order of time submitted, but Government bills shall take precedence.
- Bills shall be read to the House of Representatives and the Speaker shall assign a debate time of twenty-four (24) hours, which the Speaker may extend to allow more time for debate.
- A simple majority of all members present and voting shall be required to pass bills, amendments, and resolutions.
- Upon passage, bills shall be sent to the State President, and the Speaker shall add the bill to the journal of the House of Representatives.
- Bills shall be added to the House of Representatives’s docket and discussed in the order of time submitted, but Government bills shall take precedence.
- Any bill pertaining to the salary of members of the House of Representatives shall only take effect after the conclusion of the session.
- Members of a constituency who wish to recall a Member of Parliament may do so by creating a petition to the Speaker. If the petition gains enough voters, the number of which is to be determined proportionally to the size of each riding, the Member is recalled and the writ for an election is to be dropped by the Speaker immediately after the petition is received.
- This explicitly does not exclude the Prime Minister, and the Prime Minister is subject to the same recall guidelines as every member of Parliament.
- This explicitly does not exclude the Prime Minister, and the Prime Minister is subject to the same recall guidelines as every member of Parliament.
- All members of the House of Representatives are privileged from arrest during their term, except in cases of treason, bribery, fraud or breach of the peace.
§3 - Government
- The Prime Minister (Minister-president) of Banduria is the head of government of the Republic of Banduria, as well as the chairman of the Cabinet of Banduria.
- Upon a vacancy in the office of Prime Minister of Banduria, the Speaker of the House shall nominate a member of Parliament whom he or she believes can command the confidence of the House of Representatives to the office of Prime Minister of Banduria, upon which time the House of Representatives shall vote to confirm the appointment. A simple majority of all members present and voting shall be required to confirm the appointment.
- Upon his election, the Prime Minister shall appoint a senator to serve as Deputy Prime Minister of Banduria, who, if the prime minister is absent or the position is vacated, shall fulfill the duties of the prime minister in his or her stead.
- Upon his election, the Prime Minister shall appoint a senator to serve as Deputy Prime Minister of Banduria, who, if the prime minister is absent or the position is vacated, shall fulfill the duties of the prime minister in his or her stead.
- The Prime Minister shall serve serve for a term of no more than two months.
- The Prime Minister and his or her Government are answerable to the House of Representatives and may be removed by a motion of no confidence, which shall require five (5) sponsors and a simple majority of all senators present and voting.
- A loss of supply is a loss of confidence.
- The Prime Minister is empowered to:
- Appoint and dismiss ministers to his or her Government, and determine the nature of their portfolios and jurisdiction;
- Issue, by decree, statutory instruments to clarify or elaborate upon the execution and enforcement of acts of the House of Representatives. Such instruments are subordinate to the legislation of the House of Representatives and must conform with them and the Constitution;
- Organize and manage the resources and staff of the ministries;
- Appoint and dismiss ambassadors to foreign nations;
- Call an emergency meeting of the House of Representatives and delay its business. The Prime Minister must provide in writing his reasons to the Speaker of the House of Representatives;
- Preside over all meetings of the Council of National Defense. The Prime Minister determines the composition of the council;
- Ratify treaties with foreign nations, but not before a simple majority of representatives present and voting consents;
- Issue pardons or reprieves.
- Appoint and dismiss ministers to his or her Government, and determine the nature of their portfolios and jurisdiction;
- The State President (Staatspresident) of the Republic, known in short form as the President, is the commander-in-chief of the Republic of Banduria. The State President is the head of state of the nation, and is appointed by popular election every five months.
- The State President is the vector through which all bills and legislation are to pass. Every bill that becomes law in the Republic will have to gain the signature of the State President to do so.
- The State President is entitled to receive the credentials of foreign ambassadors to Banduria.
- In periods of great national distress or external threat of invasion, the State President may declare a state of emergency and issue emergency decrees, which shall carry the force of law. The House of Representatives may overrule any such decrees.
- The State President, in the event of major law violations or abuse of power, can be impeached by a ⅔ majority of the House of Representatives. In the event of impeachment, the writ for a new Presidential election is called, and a new State President will be selected by citizens having voting age.
